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MORGAN V RICKARD

Defendants’ Motion for Coordination of Cases. Plaintiffs Morgan filed an action in El Dorado County against defendants Rickard and his insurer for negligence and motor vehicle accident causing injuries in El Dorado County where the three vehicle accident occurred. Plaintiff Ruiz filed an action against plaintiff/defendant Summer Morgan, defendant...

  • Hearing

LANNI V. ARMSTRONG

Hearing Re: Default Judgment On September 5, 2019 the plaintiff filed a complaint for declaratory relief and partition by sale against defendant Armstrong alleging that plaintiff owns 45% of certain real property and defendant owns the remaining 55% pursuant to an agreement; defendant Armstrong also agreed to pay all maintenance and taxes on the ...

  • Hearing

BRISTER V. YOUNG

Hearing Re: Default Judgment The unverified complaint was filed against defendants asserting causes of action for breach of contract and a common count for money lent to the defendants at the defendants’ request in the amount of $50,000. The unverified compliant prayed for an award of $60,000 in damages. Proofs of service were filed on July 23, 2...

  • Hearing

POULTON V. COUNTY OF EL DORADO

Plaintiff’s Motion for Leave to File 2nd Amended Complaint. Defendant County of El Dorado was dismissed from the action without prejudice on September 2, 2020. Plaintiff moves for leave to file a 2nd amended complaint in order to correct, clarify, and specify facts regarding certain allegations after lengthy meet and confer conversations between ...

  • Hearing

MATTER OF JOAQUIM

OSC Re: Name Change. There is no proof of publication in the court’s file, which is mandated by Code of Civil Procedure, § 1277(a). TENTATIVE RULING # 1: APPEARANCES REQUIRED AT 8:30 A.M. ON FRIDAY, NOVEMBER 13, 2020 IN DEPARTMENT NINE. NOTE: NO PERSONAL APPEARANCES WILL BE ALLOWED DUE TO THE ONGOING PUBLIC HEALTH CRISIS. APPEARANCES VIA ZOOM...

  • Hearing

SPERRY V. ALGONQUIN POWER AND UTILITIES CORP.

Defendants Shirey’s, Brueck’s, and Brueck-Shirey, a General Partnership’s Motion for Summary Judgment or Summary Adjudication. The remaining causes of action asserted against defendants Shirey, Brueck, and Brueck- Shirey, a General Partnership are for negligence and loss of consortium arising from an alleged incident wherein plaintiff Todd Sperry...

  • Hearing

TEVIS V EL DORADO COUNTY BUILDING DEPT.

Defendants’ Motion to Set Aside Defaults. On June 4, 2020 plaintiffs filed a complaint against County of El Dorado Building Department and County of El Dorado Assessor that is related to a manufactured home to be affixed to a foundation system. The proofs of service filed with the court declare that the County Building Department and County Asses...

  • Hearing

SPERRY V ALGONQUIN POWER AND UTILITY

Defendant Liberty Utilities’ Motion for Summary Judgment on the 1st Amended Complaint. TENTATIVE RULING # 6: THIS MATTER WAS PREVIOUSLY CONTINUED TO 8:30 A.M. ON FRIDAY, DECEMBER 18, 2020 IN DEPARTMENT NINE. ...

  • Hearing

CAIN V. MENDONSA

Plaintiff’s Motion for Leave to File 1st Amended Complaint. Plaintiff filed a “cross-cross-complaint” against defendant. Defendant moved to strike the “cross-cross complaint” as procedurally improper. The court’s tentative ruling was to grant the motion to strike and oral argument was set for hearing on August 28, 2020. Having heard oral argument...

  • Hearing

MANZANO V. WELLS FARGO BANK

Defendant Fay Servicing, LLC’s Demurrer to Complaint. On May 8, 2020 plaintiffs filed a complaint against defendants Wells Fargo Bank and Fay Servicing, LLC asserting the following causes of action: fraud, constructive fraud; negligence; negligent misrepresentation; promissory estoppel; wrongful foreclosure; breach of contract; breach of the cove...

  • Hearing

MATTER OF TRAINA

OSC Re: Name Change. The mandated CLETS report is not in the court’s file. (See Code of Civil Procedure, § 1279.5(f).) There is no proof of publication in the court’s file, which is mandated by Code of Civil Procedure, § 1277(a). TENTATIVE RULING # 2: APPEARANCES REQUIRED AT 8:30 A.M. ON FRIDAY, NOVEMBER 6, 2020 IN DEPARTMENT NINE. NOTE: NO...

  • Hearing

CHANN V. HARGER

Defendant Harger’s Motion to Quash Service of Process. Plaintiff filed an unlawful detainer complaint against defendant Harger d.b.a. Tree House Ministries asserting that there was a written lease agreement for the subject property that commenced on June 16, 2019 and terminated on June 30, 2020. Tree House Ministries, Inc. filed an answer by gene...

  • Hearing

BAUGH V. SERRANO COUNTRY CLUB

Defendants Serrano Country Club’s and Crawford’s Demurrer to 1st Amended Complaint. Plaintiffs filed an action against defendants Serrano Country Club, LLC (Club) and David Crawford, the president of Serrano Country Club, LLC, asserting various causes of action seeking damages and other relief. The 1st amended complaint against defendants was fil...

  • Hearing

MATTER OF LE

OSC Re: Name Change. “All applications for change of names shall be made to the superior court of the county where the person whose name is proposed to be changed resides…” (Code of Civil Procedure, § 1276(a).) Since petitioner is a resident of Sacramento County, the petition was filed in the wrong venue. TENTATIVE RULING # 1: APPEARANCES REQ...

  • Hearing

CAMERON PARK COMMUNITY SERVICES DIST. V. PROWEST PCM, LLC.

(1) Frazier Masonry Corp.’s Motion for Determination of Good Faith Settlement. (2) Whitehead Construction, Inc.’s Motion for Determination of Good Faith Settlement. Frazier Masonry Corp.’s Motion for Determination of Good Faith Settlement. Frazier Masonry Corp. has agreed to pay $2,500 in settlement of plaintiff’s claims. Frazier Masonry Corp. now ...

  • Hearing

ASSET CAPITAL RECOVERY GROUP V. BLATT

Plaintiff’s Motion for Judgment on the Pleadings. On February 27, 2020 plaintiff filed an action for breach of contract and the common counts of open book account and account stated related to a loan account. Plaintiff alleges: that defendant owes a principal balance in the amount of $2,580.67; that defendant failed to pay plaintiff as agreed; an...

  • Hearing

JANE GM DOE V. DOE 1

Defendants’ Motion to Compel Plaintiff to Appear for Independent Psychiatric Exam. Defendants move to compel plaintiff to appear for a forensic psychiatrist examination by a psychiatrist and a neuropsychological exam by a psychologist. Defendants argue in support of the motion: two mental examinations, one by a psychiatrist and the other by a psych...

  • Hearing

FAHERTY V. SEWELL

Defendants Sewells’ Motion for Summary Judgment. Plaintiff filed a 1st amended complaint against defendants asserting causes of action for employer negligence, negligent hiring, training, supervision, and/or retention against defendants Sewell, and negligent hiring, training, supervision, and/or retention against defendants Johnson and Kenneth De...

  • Hearing

CAMERON PARK COMMUNITY SERVICES DIST. V. PROWEST PCM, INC.

Defendant/Cross-Defendant Archer Building Co., Inc.’s Motion for Determination of Good Faith Settlement. Defendant/Cross-Defendant Archer Building Co., Inc. has agreed to pay $9,000 in settlement of plaintiff’s claims. Defendant/Cross-Defendant Archer Building Co., Inc. now moves for a court determination under Code of Civil Procedure, § 877.6 th...

  • Hearing

KBR, INC. V. NOVELLO

Judgment Debtors’ Examinations. TENTATIVE RULING # 1: THE PERSONAL APPEARANCE OF THE TWO DEBTORS ARE REQUIRED AT 8:30 A.M., FRIDAY, NOVEMBER 6, 2020 IN DEPARTMENT NINE, PROVIDED PROOFS OF SERVICE OF THE ORDERS TO APPEAR FOR EXAMINATION ARE FILED PRIOR TO THE HEARING SHOWING THAT PERSONAL SERVICE ON THE DEBTORS WERE EFFECTED NO LATER THAN TEN DAYS...

  • Hearing

SATTERLEE V. SMIRL

Motion to be Relieved as Counsel of Record for Plaintiff. Plaintiff’s counsel seeks to be relieved as counsel of record for plaintiff on the ground that the client refuses to sign a substitution of attorney and there is a breakdown in communication with the plaintiff that is so severe such that counsel can not effectively continue representing hi...

  • Hearing

CAPITAL ONE BANK V. ZEGARRA

Plaintiff’s Motion for Entry of Judgment Pursuant to Stipulation of the Parties. Plaintiff contends that on July 28, 2019 plaintiff and defendant entered into a written settlement agreement and requested the court to retain jurisdiction to enforce the agreement. It appears that the individual parties executed the agreement. Plaintiff moves to enter...

  • Hearing

MANZANO V. WELLS FARGO BANK

Plaintiff’s Motion for Reconsideration of Ex Parte Denial of TRO and to Void Unlawful Detainer Sale. On May 22, 2020 the court denied plaintiffs’ motion for an order staying foreclosure proceedings. On August 14, 2020 the court denied plaintiffs’ ex parte application for TRO to stay foreclosure. On August 19, 2020 the court denied plaintiff’s mot...

  • Hearing

MATTER OF GEHRING

OSC Re: Name Change. There is no proof of publication in the court’s file, which is mandated by Code of Civil Procedure, § 1277(a). The mandated CLETS report is not in the court’s file. (See Code of Civil Procedure, § 1279.5(f).) TENTATIVE RULING # 2: APPEARANCES ARE REQUIRED AT 8:30 A.M. ON FRIDAY, NOVEMBER 6, 2020 IN DEPARTMENT NINE. NOTE: ...

  • Hearing

MATTER OF LE

OSC Re Name Change. There is no proof of publication in the court’s file, which is mandated by Code of Civil Procedure, § 1277(a). The mandated CLETS report is not in the court’s file. (See Code of Civil Procedure, § 1279.5(f).) TENTATIVE RULING # 2: APPEARANCES ARE REQUIRED AT 8:30 A.M. ON FRIDAY, OCTOBER 23, 2020 IN DEPARTMENT NINE. NOTE: N...

  • Hearing

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