Judge Daniel P. Maguire: Comprehensive Profile - Analytics, Rulings, and Recent Cases

Defendant Richard W. Francois’s unopposed motion for leave to file an amended answer is DENIED. (Cal. Rules of Court, rule 3.1324.) Defendant has not submitted a declaration that contains the information required by California Rule of Court 3.1324(a)(2) and (a)(3), and states the information required by su...

Specially appearing Nickita Shelomenseff’s motion to quash service of summons and complaint is GRANTED. (Code Civ. Proc., § 418.10.) The proof of service filed with the Court on June 11, 2018, does not state that plaintiff caused Mr. Shelomenseff to be personally served with process. Item 3 does not identi...

Cross-defendant Ford Motor Company has mis-designated the Court’s address in its notice of motion. The Court is located at 1000 Main Street in Woodland.
Cross-defendant’s motion to compel further responses to requests for admission and requests for production is DENIED. (Code Civ. Proc., §§ 2031.310, su...

Defendant and cross-defendant Kanit and Kate, Inc.’s (“defendant”) demurrer to cross-complaint by defendant and cross-complainant Zackary Sandeno (“cross-complainant”): Defendant’s request for judicial notice as to items 1 through 3 is GRANTED. (Evid. Code, § 452, subd. (d).) The request is DENIED, as to i...

Plaintiff Anand Dhakal’s motion to disqualify defense counsel is DENIED. Plaintiff establishes
no factual basis for disqualification. (California Rule of Professional Conduct 5-210.) Even if
counsel’s testimony were relevant, it would relate to an uncontested matter as defendants have
offered to s...

Defendant DKD of Davis, Inc.’s petition to compel arbitration is GRANTED, as to plaintiff Lyn
Burton’s first through fifth and seventh causes of action, and to the extent that she seeks relief on
behalf of herself only. (Code Civ. Proc., § 1281.4.) The Court is required to submit injunctive
relief...

The Court does not consider plaintiff Ruvim Sonnik’s untimely filed opposition. (Code Civ. Proc., § 1005.)
The 85 individual defendants’ (listed in the notice of motion) request for judicial notice is GRANTED. (Evid. Code, § 452, subd. (d).)
Defendants’ unopposed special motion to strike is GRANTED. ...

Cross-defendant Stan Wilson Plastering, Inc.’s demurrer to the cross-complaint filed by cross-
complainant Sherman Construction, Inc. is DROPPED FROM CALENDAR. Moving party
failed to meet and confer prior to filing the demurrer. (Code Civ. Proc., § 430.41.)

Cross-complainant Andrew Cody’s motion to amend his cross-complaint is DENIED. (Code Civ. Proc., § 473, subd. (a)(1); Cal. Rules of Court, rule 3.1324.) The declaration of David S. Barrett, filed in support of the motion, fails to state the effect of the amendment, why the amendment is necessary and proper...

The Court declines to consider plaintiff Cheryl Lynette Walker’s untimely reply filed on July 9, 2018. Plaintiff’s reply should have been filed with the Court no later than July 5, 2018. (Code Civ. Proc., § 1005, subd. (b).)
Defendants Garnett Vann and Cherri Vann’s request for judicial notice is GRANTE...

Intervenor Insurance Company of the West’s motion to consolidate this case with Case No. CV
PO 17-1297 is DENIED. A notice of the instant motion was not filed in Case No. CV PO 17-
1297. (Cal. Rules of Court, rule 3.350(a)(1)(C).)
If no hearing is requested, this tentative ruling is effective imme...

Defendant County of Yolo’s motion to tax is:
1. DENIED, as to the travel costs incurred by plaintiff for depositions. Travel costs are expressly allowed by statute and Yolo fails to show that these costs were unreasonable or unnecessary. (Code Civ. Proc., § 1033.5, subd. (a)(3)(C).)
2. GRANTED, as to...

This case was transferred to Department Three upon the recusal by Judge McAdam. Judge
White has reviewed the pertinent pleadings and filings de novo, and issues the following
tentative ruling:
Plaintiff Guillermo Bonilla-Chirinos’s request for judicial notice is GRANTED. (Evid. Code, §
452, sub...

Defendants John Kane and Rosalie Kane’s demurrer is CONTINUED on the Court’s own
motion to March 13, 2017, at 9:00 a.m. in Department 3, to be heard together with plaintiffs
Jihad Ben Sebahia and Eric W. Giannini’s motion to deem related, reclassify, and
consolidate.

Motion to compel further responses to special interrogatories:
Defendants Yolo Hospice, Inc., Craig Dresang, Tom Frankel, and Emily Murdock’s motion to
compel further responses to the following special interrogatories is GRANTED, as follows:
1. Special Interrogatory Nos. 424-429, from plaintif...

Plaintiffs Jody Norton and Piper Berge’s motion for leave to amend and plaintiffs’ motions to
compel are CONTINUED on the Court’s own motion to be heard on December 1, 2016, at 8:30
a.m. in Department 10.

Construction Co.
Cross-defendant McClone Construction Company’s unopposed motion for determination of
good faith settlement is GRANTED. (Code Civ. Proc., § 877.6.)
If no hearing is requested, this tentative ruling is effective immediately. No formal order
pursuant to California R...

Construction Co.
Defendant Howard S. Wright Construction Co.’s (“HSW”) request for judicial notice is
GRANTED. (Evid. Code, § 452, subd. (d).)
The Court declines to rule on objections directed to statements made in each parties’ separate
statements of undisputed facts. (HSW’s Obj...

Construction Co.
Due to an ongoing trial in Department Ten, the hearing on the motions for summary judgment, or
in the alternative, summary adjudication are CONTINUED on the Court’s own motion to
October 21, 2016, at 10:00 a.m. in Department Ten.
Defendant Howard S. Wright Constr...

Respondent Pamela Richmond’s motion for attorneys’ fees is GRANTED. (Code Civ. Proc., §
527.6, subd. (s).) Petitioner Scott Richmond Luwisch does not dispute any specific entries or
show that any of the entries are erroneous, excessive, or unreasonable. His references to
counsel’s work as “shoddy”...

Defendant Amarjit Singh Sangha’s order to show cause re contempt against plaintiff Gurdev
Singh.
The parties are DIRECTED TO APPEAR.
Plaintiff Gurdev Singh’s motion for sanctions and a finding of contempt against defendant
Amarjit Singh Sangha.
The motion is DROPPED FROM CALENDAR.
Plainti...

Plaintiff Marissa Vargas’s motion for to compel further discovery responses is DROPPED
FROM CALENDAR. On August 1, 2016, the Court granted defendant VSS International,
Inc.’s renewed motion to compel arbitration and stay the current action.

Judson H. Henry’s unopposed motion to be relieved as counsel for Daniel J. Cioci is
GRANTED. (Cal. Rules of Court, rule 3.1362.) This order is not effective until Mr. Henry files
a proof of service with the court showing service of a copy of the signed order on his client. (Cal.
Rules of Court, ru...

Respondent Pamela Richmond’s motion for attorneys’ fees is GRANTED. (Code Civ. Proc., §
527.6, subd. (s).) Petitioner Scott Richmond Luwisch does not dispute any specific entries or show
that any of the entries are erroneous, excessive, or unreasonable. His references to counsel’s work
as “shoddy”...