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Mar 19, 2019 Placer County
Plaintiffs’ Motion for Attorneys’ Fees
Plaintiffs’ request for judicial notice is denied as to Exhibit D. Although the court may take judicial notice of the existence of a declaration filed in a different case, it may not take judicial notice of the truth of factual statements therein. Plaintiffs’ reque... -
Mar 19, 2019 Placer County
The motion to compel further deposition is continued to April 2, 2019, at 8:30 a.m. in Department 40 to be heard with other pending motions.
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Mar 19, 2019 Placer County
Plaintiff’s motion for summary judgment is granted.
Summary judgment may be granted where there is no triable issue as to any material fact, and moving party is entitled to judgment as a matter of law. Code Civ. Proc. § 437c(c). The party seeking summary judgment bears the burden of showing there is no ... -
Mar 19, 2019 Placer County
Appearance required on March 19, 2019, at 8:30 a.m. in Department 40.
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Mar 19, 2019 Placer County
Lexington Insurance Company’s motion to intervene on behalf of cross-defendant Energetic Painting and Drywall, Inc. is continued to April 2, 2019, at 8:30 a.m. in Department 40. The proof of service in the court’s file is insufficient as it fails to identify the names and electronic service addresses of th...
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Mar 19, 2019 Placer County
The motion to be relieved as counsel for plaintiff by Mohammad Maaz and JT Legal Group, APC, is granted, effective upon filing of proof of service of the court’s order on plaintiff James M. Bradley, Jr.
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Mar 19, 2019 Placer County
Demurrer to Cross-Complaint
Cross-defendants James Zubillaga, Sr. and Christopher Zubillaga demur to the first, third and seventh causes of action alleged in the cross-complaint filed by Gina Zubillaga. A party may demur to a complaint where the pleading does not state facts sufficient to constitute a c... -
Mar 19, 2019 Placer County
Defendants Marisa and Rocky Faupusa demur to the unlawful detainer complaint filed against them.
A party may demur to a complaint where the pleading does not state facts sufficient to constitute a cause of action. Code Civ. Proc. § 430.10(e). A demurrer tests the legal sufficiency of the pleadings, not ... -
Mar 12, 2019 Placer County
Defendant James Robert Norton, Sr., as personal representative of the Estate of Betty Jo Norton, demurs to the complaint.
A party may demur to a complaint where the pleading does not state facts sufficient to constitute a cause of action. Code Civ. Proc. § 430.10(e). A demurrer tests the legal sufficien... -
Mar 12, 2019 Placer County
The order to show cause re: preliminary injunction, motion to set aside default, and default prove-up hearing are continued to March 26, 2019, to be heard by the Honorable Michael W. Jones. The temporary restraining order issued December 7, 2018, shall remain in effect pending further order of the court.
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Mar 12, 2019 Placer County
The motion for summary judgment is continued to April 2, 2019, to be heard in conjunction with defendant’s motion for determination of good faith settlement. The court finds good cause to permit the motion to be heard within 30 days of the scheduled trial date.
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Mar 12, 2019 Placer County
The motion to set aside default was continued to April 9, 2019, at 8:30 a.m. in Department 40.
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Mar 12, 2019 Placer County
Defendant’s motion to set aside default is continued to March 19, 2019, at 8:30 a.m. in Department 40.
The motion has not been served in compliance with the court’s February 25, 2019, ex parte order. The ex parte order required defendant to serve plaintiff with the ex parte application, order and motion... -
Mar 12, 2019 Placer County
The demurrer to complaint is dropped as no moving papers were filed with the court.
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Mar 12, 2019 Placer County
The motions for attorneys’ fees are continued to March 19, 2019, at 8:30 a.m. in Department 40.
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Mar 12, 2019 Placer County
The motion to be relieved as counsel for plaintiff by Jeremy Schroeder and Flesher Schaff & Schroeder Inc. is continued to March 26, 2019, at 8:30 a.m. in Department 40. The proof of service filed February 19, 2019, does not establish proper service on plaintiff of each document filed in connection with th...
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Mar 12, 2019 Placer County
The motion to compel further responses is continued to March 21, 2019, at 8:30 a.m. in Department 42 to be heard by the Honorable Charles D. Wachob.
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Mar 12, 2019 Placer County
The motion for summary adjudication is dropped in light of the notice of settlement filed February 28, 2019.
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Mar 12, 2019 Placer County
The motion for summary judgment is dropped as no moving papers were filed with the court.
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Mar 12, 2019 Placer County
The expedited petition to approve compromise of disputed claim of minor is granted as prayed. If oral argument is requested, appearance of the minor is excused. These are the tentative rulings for civil law and motion matters set for Tuesday, March 12, 2019, at 8:30 a.m. in the Placer County Superior Court...
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Mar 12, 2019 Placer County
Motion for Attorneys’ Fees
Rulings on Objections
Respondent’s objections to evidence are ruled on as follows: The objection to statements set forth in the Benumof declaration at p. 5:17-21, and the objection to statements in the Skidmore declaration, are sustained. The remaining objections are overru... -
Mar 12, 2019 Placer County
Demurrer to First Amended Complaint (Ace Funding Source, LLC)
Defendant Ace Funding Source, LLC (“Ace”), demurs to the third and fourth causes of action alleged in the first amended complaint.
A party may demur to a complaint where the pleading does not state facts sufficient to constitute a cause of... -
Mar 12, 2019 Placer County
Defendants Richard Yang, Frieda Yang and Madeline Yang move for judgment on the pleadings as to the fourth and fifth causes of action stated in the first amended complaint. A motion for judgment on the pleadings has the same function as a demurrer, but is made after the time for a demurrer has expired. Clo...
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Mar 05, 2019 Placer County
Plaintiff’s motion for judgment on the pleadings is denied. There is no proof of service in the court’s file establishing service of the motion on defendant.
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