Placer Union H.S. Dist. v. Auburn Renewables
Case Information
Motion(s)
Motion for contract revision and for attorneys’ fees and costs
Motion Type Tags
Other · Motion for Attorney Fees
Parties
- Plaintiff: Placer Union H.S. Dist.
- Defendant: Auburn Renewables
Ruling
the motion on procedural grounds as plaintiff failed to attach a proposed second amended complaint with her motion, in violation of California Rule of Court, Rule 3.1324(a)(1). In response to defendant’s opposition, plaintiff submitted her proposed second amended complaint with her reply. The court granted a continuance to permit defendant leave to respond further following review of the proposed second amended complaint. No further response was filed.
Plaintiff’s motion to reclassify this action to an unlimited civil case is granted. (Code Civ. Proc., §§ 403.020, 403.040.) Plaintiff shall forthwith submit the required fees to reclassify to an unlimited civil case. (Code Civ. Proc., §§ 403.040 (c)(1), 403.060; Gov. Code, § 70619.) Failure to pay the required fees may result in the case proceeding as a limited civil case or, on notice, dismissal of the action. (Code. Civ. Proc., §§ 403.040 (d)(3), 403.060 (b).)
“The court may likewise, in its discretion, after notice to the adverse party, allow, upon any terms as may be just, an amendment to any pleading ...” Code Civ. Proc. § 473 (a)(1). “Any judge, at any time before or after commencement of trial, in the furtherance of justice, and upon such terms as may be proper, may allow the amendment of any pleading.” Code Civ. Proc. § 576.
Plaintiff’s motion for leave to amend the first amended complaint is granted. (Code Civ. Proc., §§ 473, (a)(1), 576.) Plaintiff shall file and serve the second amended complaint on or before May 8, 2026.
4. S-CV-0044479 Placer Union H.S. Dist. v. Auburn Renewables
Plaintiff’s motion for contract revision and for attorneys’ fees and costs is continued to be heard on May 5, 2026 at 8:30 a.m. in Department 42. No further briefing is permitted. The court apologizes to the parties for any inconvenience.
5. S-CV-0049847 Sorensen, Sven v. Asher, Raymond
Motion to Enforce Settlement under CCP 664.6
Plaintiffs move the court to enforce terms of the settlement agreement between the parties and for an award of attorneys’ fees pursuant to the terms of the agreement. The court previously continued the hearing on this matter to permit plaintiffs the opportunity to respond to additional information set forth in a supplemental response filed by defendant. The court has considered all filings by the parties in relation to the current motion.
Code of Civil Procedure section 664.6, subdivision (a) provides “[i]f parties to pending litigation stipulate, in a writing signed by the parties outside of the presence of the court or orally before the court, for settlement of the case, or part thereof, the court, upon motion, may enter judgment pursuant to the terms of the settlement.” A court ruling on a motion under Code of Civil Procedure section 664.6 may consider the parties’
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