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Dec 28, 2019 Calaveras County
Tentative Ruling: On 11/9/18, after two days of jury trial, the Court granted a nonsuit motion as to all causes of action.
On 11/26/18, plaintiff filed a Notice of Motion and Motion for Appeal of Order. The Court despite the label on the pleading will separately consider plaintiff’s motion as a motion ... -
Oct 26, 2019 Calaveras County
Tentative Ruling: Plaintiff filed a Complaint against defendant on March 1, 2016 alleging negligence from a fire that occurred on June 2, 2014. A trial date was originally set for February 7, 2018. However, at the settlement conference, a new trial date was set for November 7, 2018.
On or about January... -
Oct 26, 2019 Calaveras County
Tentative Ruling: This matter is ordered dismissed with prejudice pursuant to Rule of Court 3.1385.The clerk shall provide notice of this ruling to the parties forthwith. No further formal order pursuant to Rule of Court 3.1312 is required.
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Jan 04, 2019 Calaveras County
Tentative Ruling: The Court has read and considered defendants’ motion and the letter from Dr. Jack L. Coombs dated 12/17/18 in regards to Ms. Gloria Bodenmuller.
As there is no statutory basis for this motion, defendants’ motion is DENIED.
The clerk shall provide notice of this ruling to the parti... -
Dec 21, 2018 Calaveras County
Tentative Ruling:
The complaint was filed on September 25, 2018. Defendant demurred to the complaint on November 19, 2018. On December 6, 2018, plaintiffs filed an amended complaint.
Pursuant to CCP section 472, a party can respond to a demurrer by amending the challenged pleading before the hearin... -
Nov 30, 2018 Calaveras County
Tentative Ruling :
The City of Angels Camp has Petitioned for an Inspection and Abatement Warrant for the noted residence which has been deemed a public nuisance due to extremely hazardous and unsanitary conditions, among other areas of concern.
The Declarations of Steven Flaigg and David Hanham pr... -
Nov 30, 2018 Calaveras County
Tentative Ruling:
On January 5, 2018, plaintiff filed the Complaint. On May 30, 2018, this Court overruled defendant’s demurrer as to the first, second and third causes of action, and sustained the demurrer as to causes of action four through seventeen, with twenty days leave to amend.
On September... -
Nov 16, 2018 Calaveras County
Tentative Ruling: At the last hearing on October 26, 2018, Mr. Radford reports he recently learned defendant was not making monthly payments. He had a check with him for the full amount, which he was to mail on that day. The matter was continued until 11-16-18 at 9:00 a.m. in Department 2 for a dismissal t...
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Nov 16, 2018 Calaveras County
Tentative Ruling: In the interests of justice and judicial economy, on the Court’s own motion, this matter is continued to December 21, 2018 at 10:00 a.m. in Dept. 2 to be heard on the same calendar as defendant’s Motion to Compel.
The clerk shall provide notice of this ruling to the parties forthwith.... -
Oct 19, 2018 Calaveras County
Tentative Ruling: On August 10, 2018, this Court ordered that defendant’s responses to requests for admissions be provided no later than September 7, 2018. On or about August 24, 2018, defendants filed a Notice of Appeal. Jurisdiction of this matter therefore was transferred to the Third District Court of ...
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Oct 12, 2018 Calaveras County
Tentative Ruling: PLAINTIFF’S MOTION FOR JUDGMENT ON THE PLEADINGS
As the Answer admits the allegations and there being no opposition to plaintiff’s motion, plaintiff’s Motion for Judgment on the Pleadings is GRANTED. Plaintiff is awarded $495 in costs per the memorandum filed 9/17/18 as no timely moti... -
Oct 12, 2018 Calaveras County
Tentative Ruling: COUNSEL’S MOTION TO BE RELIEVED
The attorney’s declaration is sufficient; therefore, the Motion of Brunn & Flynn to be Relieved as Counsel is GRANTED. The clerk shall provide notice of this ruling to the parties forthwith. Moving counsel to prepare a formal Order for Court to sign. -
Oct 05, 2018 Calaveras County
Tentative Ruling: LIVEWELL FINANCIAL’S MOTION FOR SUMMARY JUDGMENT/SUMMARY ADJUDICATION On July 27, 2016, plaintiff filed a Complaint alleging breach of contract, unjust enrichment, intentional tort and general negligence against numerous defendants, including Live Well. The cause of actions stem from a re...
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Oct 05, 2018 Calaveras County
Tentative Ruling: There is no Tentative Ruling on this case. The parties, and their legal counsel if represented, must appear.
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Sep 21, 2018 Calaveras County
Tentative Ruling: On January 29, 2018, Ponte filed a Motion for Relief from Stay. On March 15, 2018, this Court dismissed the Motion, without prejudice to be renewed, to allow Lokey an opportunity to provide an undertaking. The Court ordered the alternative protection offered by CCP section 917.1(b) and or...
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Sep 21, 2018 Calaveras County
Tentative Ruling: The OSC hearing is dropped in light of the bond posted by Defendant on 9/12/18 while reserving the right to renew if any ultimate appellate ruling is not fully complied with on the issue of payment of the discovery referee’s fees. The clerk shall provide notice of this ruling to the parti...
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Sep 21, 2018 Calaveras County
Tentative Ruling: Defendant filed a demurrer on August 21, 2018. To date, defendant has not filed proof of service on the plaintiff. Due to defendant’s failure to provide the Proof of Service, the Court Overrules the Demurrer and defendant has 10 court days to file his Answer.
Furthermore, the Court no...
