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2022.03.29 Demurrer, Motion to Strike 914
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.03.29
Excerpt: ...itt (“Plaintiff”), First Amended Complaint (“1AC”) is ruled upon as follows. Defendants have indicated the incorrect address in their notice of motion. The correct address for Department 54 of the Sacramento County Superior Court is 813 6th Street, Sacramento, California 95814. Defendants shall notify Plaintiff immediately. Request for Judicial Notice Defendants' request for judicial notice (“RJN”) of the PERSCare Evidence of Coverage...
2022.03.24 Motion to Disqualify Counsel 362
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.03.24
Excerpt: ...Sacramento, et al., Sacramento Superior Court Case No. 2017‐00206890, is granted. Objections to Evidence Plaintiff's objections to evidence are overruled. Defendants' object to Plaintiff's attachment of Exhibits 3, 6, and 7 to the opposition on the grounds the documents were part of a privileged investigation conducted by an outside attorney and are protected by the attorney client privilege and attorney work product doctrine. Defendants furthe...
2022.03.24 Motion to Dismiss 394
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.03.24
Excerpt: ...a of Northern California and Northern Nevada's (“Defendant”) motion to dismiss this action based on failure to prosecute within five years is GRANTED. Plaintiff in pro per Raymond M. Douglas (“Plaintiff”) filed this action on July 15, 2016. Defendant filed an Answer on October 20, 2016. (ROA 28.) Plaintiff filed the First Amended Complaint on August 2, 2016, and the Second Amended Complaint (“SAC”) on September 10, 2021. (ROAs 7, 52.)...
2022.03.24 Motion to Compel Responses 168
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.03.24
Excerpt: ... of the Court's tentative ruling system, as required by Local Rule 1.06. Moving counsel is directed to contact defendants and advise them of Local Rule 1.06 and the Court's tentative ruling procedure and the manner to request a hearing. If moving counsel is unable to contact defendants prior to hearing, moving counsel is ordered to appear at the hearing. This is a personal injury action arising out of an accident between two trucks. Mulligan, whi...
2022.03.24 Motion to Compel Deposition 244
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.03.24
Excerpt: ...ember 16, 2021, Plaintiff served objections asserting, among other objections, that she needs to reschedule her deposition, will only appear via video due to her concerns regarding Covid, and that she fears for her safety if she appears in person and Defendant is also present. (Couchot Decl. ¶ 5, Exh. D.) Counsel for the parties then exchanged emails to address Plaintiff's objections. Defendant's counsel addressed Plaintiff's Covid concerns by s...
2022.03.24 Motion for Preliminary Approval of Class Settlement 176
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.03.24
Excerpt: ...of the motion, the Court must still hold a hearing on the motion as it may involve the receipt of evidence. Although the Court anticipates that no party will request oral argument, and while no class member indicated any intent to appear at the hearing, this does not relieve the parties from appearing at the hearing or otherwise render the instant ruling final in the event oral argument is not requested. The Court will not render a final ruling u...
2022.03.24 Demurrer 616
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.03.24
Excerpt: ...ed at 1402 O Street, Unit A (the “Unit”) from Defendant. Plaintiffs filed their Complaint on September 9, 2021, alleging the following 13 causes of action against Defendant: (1) Tortious Breach of the Implied Warranty of Habitability (Civil Code § 1941 et seq.); (2) Contractual Breach of the Implied Warranty of Habitability (Civil Code § 1941 et seq.); (3) Breach of Contract (Civil Code § 3300 et seq.); (4) Breach of Quiet Enjoyment (Civil...
2022.03.24 Motion to File Amended Complaint 288
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.03.24
Excerpt: ...uest for judicial notice of Plaintiffs' Complaint filed on May 10, 2017, the Court's multiple rulings on Defendants' demurrers, and the State of California Secretary of State records for Marcus Underwood, P.C. is granted. Factual and Procedural Background Plaintiffs commenced this action on May 10, 2017. The original Complaint contained causes of action for: (1) breach of contract; (2) breach of the implied covenant of good faith and fair dealer;...
2022.03.23 Motion for Summary Judgment, Adjudication 584
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.03.23
Excerpt: ...icipal code and enacting anew title 8 regarding animals.” The relevant sections of the Elk Grove Municipal Code (“EGMC”) were amended after this ordinance was enacted. (See City of Elk Grove Ord. 4‐2013 § 2, eff. 4/12/2013.) The Court, on its own motion, takes judicial notice of the sections of the Elk Grove Municipal Code cited in this ruling that were in effect at the time of the subject incident. (See Pinela v. Neiman Marcus Group, In...
2022.03.23 Motion for Summary Judgment 632
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.03.23
Excerpt: ...contact Plaintiff prior to the hearing, Defendant's counsel shall be available at the hearing, by Zoom as stated in the introductory NOTICE to today's Tentative Rulings, in the event Plaintiff appears without following the procedures set forth in Local Rule 1.06(B). Defendant's motion for summary judgment is UNOPPOSED and GRANTED. Defendant's request for judicial notice is granted. This is a premises liability action arising from an incident that...
2022.03.23 Motion to Compel Arbitration and Stay Action 976
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.03.23
Excerpt: ..., Sacramento, California 95814. Defendant FCA shall notify Plaintiff Charles Matthews (“Plaintiff”) immediately. The notice of motion does not provide notice of the Court's tentative ruling system, as required by Local Rule 1.06. Moving counsel is directed to contact Plaintiff's counsel and advise them of Local Rule 1.06 and the Court's tentative ruling procedure and the manner to request a hearing. If moving counsel is unable to contact plai...
2022.03.23 Motion to Compel Further Responses 764
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.03.23
Excerpt: ...y objections, to Defendant's (1) Special Interrogatories (Set One); and (2) Request for Production of Documents to Plaintiff (Set One), which this Court, on January 31, 2020, ordered Plaintiff to produce. Plaintiff further moves this Court for an order requiring Plaintiff and his attorney to pay monetary sanctions to Defendant in the amount of $29,910.00 under CCP § 2023.010 et seq. Defendant's motion is brought on the grounds that Plaintiff has...
2022.03.23 Motion to File TAC 028
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.03.23
Excerpt: ...s, Inc. (“Defendant MKS”), and Newport Corporation (“Defendant Newport”) as defendants, and alleged seven causes of action: (1) Breach of Written Master Services Agreement (2) Breach of Implied Covenant of Good Faith and Fair Dealing (MSA) (3) Promissory Estoppel (4) Breach of Implied in Fact Contract (5) Breach of Third‐ Party Beneficiary Contract (6) Breach of Implied Covenant of Good Faith and Fair Dealing (7) Breach of Fiduciary Dut...
2022.03.22 Motion to Compel Further Responses 082
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.03.22
Excerpt: ... *** Defendants and Cross‐Complainants Christine Evans and Richard Evans (collectively the “Evans”) motion to compel Plaintiff and Cross‐ Defendant Aspen G LLC's (“Aspen”) further responses to special interrogatories (set two) is ruled upon as follows. Aspen's action against the Evans is for breach of contract and common counts ‐ money owed. Aspen alleges that on 8/31/2005, the Evans obtained a loan for $120,000 with First Franklin ...
2022.03.22 Motion for Summary Judgment, Adjudication 592
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.03.22
Excerpt: ... the hearing and the parties should be prepared to point to specific evidence which is claimed to show the existence or non‐existence of a triable issue of material fact. *** Defendant CSAA Insurance Exchange's (“CSAA” or “Defendant”) motion for summary judgment, or in the alternative, summary adjudication is ruled upon as follows. Overview This is an insurance bad faith action. Plaintiff Kelly Alexander alleges that she is severely hea...
2022.03.22 Demurrer 848
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.03.22
Excerpt: ...tter Crossing, LLC and FPI Management, Inc.'s (collectively “ Defendants”) demurrer to Plaintiffs' complaint is ruled upon as follows. Overview This is an action by a tenant and her family against their residential landlord and apartment manager. Plaintiffs allege that during their occupancy the property was defective in repair and maintenance, in that, among other things: the building permitted intrusion of water into its interior; the prope...
2022.03.20 Motion for Preliminary Approval of Class Action Settlement 994
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.03.20
Excerpt: ...omplaint on May 17, 2021. Plaintiff alleges that “as a result of Defendant's ongoing policy and/or practice of failing to provide cash to consumers wishing to redeem a gift card with a cash value less than $10.00, or alternatively, Defendant's failure to maintain a policy and/or practice of complying with Civil Code section 1749.5(b)(2), Defendant has violated and will continue to violate consumers' statutory rights pursuant to Civil Code secti...
2022.03.17 Motion for Summary Judgment, Adjudication, to Seal Record 746
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.03.17
Excerpt: ... ("Samantha"), Elizabeth Osborn ("Elizabeth"), and Lucy Stem Guevara's ("Lucy")' (collectively, the "Osborn Plaintiffs") SAC is ruled on as follows. Hyundai Defendants' Request for Judicial Notice is GRANTED. Osborn Plaintiffs' Request for Judicial Notice in support of its opposition is GRANTED. In taking judicial notice of these documents, however, the court does not accept the truth of the factual assertions therein. (Herrera v. Deutsche Bank N...
2022.03.17 Motion for Summary Judgment, Adjudication 202
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.03.17
Excerpt: ...Sacramento, California 95814. The notice of motion does not provide notice of the Court's tentative ruling system, as required by Local Rule 1.06. Defendant is directed to contact Plaintiff's counsel and advise him or her of Local Rule 1.06 and the Court's tentative ruling procedure and the manner to request a hearing. If Defendant is unable to contact plaintiff prior to hearing, Defendant is ordered to appear at the hearing. This products liabil...
2022.03.17 Demurrer to TAC, Motion for Judgment on the Pleadings 210
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.03.17
Excerpt: ...in part with leave to amend as to the fifth cause of action for conversion. Requests for Judicial Notice The Law Firm Defendants' request for judicial notice is granted. Plaintiffs' request for judicial notice is granted. In taking judicial notice of these documents, the Court accepts the fact of their existence, not the truth of their contents. (See Professional Engineers v. Dep't of Transp. (1997) 15 Cal.4th 543, 590 [judicial notice of finding...
2022.03.16 Motion to Set Aside Dismissal 564
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.03.16
Excerpt: ...ndant”) in the amount of $9,921.05 arising from allegations that Defendant caused a car collision. The parties entered a written Stipulation for Entry of Judgment in June 2021. Defendant and Plaintiff agreed to a settlement of $9,921.05 to be made in monthly payments of $50 beginning July 1, 2021 and continuing thereafter pursuant to the written terms of the agreement, by Defendant to Plaintiff. The agreement provides that the Court retained ju...
2022.03.16 Motion to Enforce Settlement Agreement 362
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.03.16
Excerpt: ...is not considered by this Court. Defendant's reply arguments are considered herein. Facts This personal injury matter arises from a car accident that occurred on May 15, 2019. Plaintiff filed the instant complaint on April 9, 2021 alleging general negligence. Defendant brings the instant motion pursuant to Code of Civil Procedure section 664.6 on the basis that Plaintiff erroneously signed an email correspondence with Plaintiff's insurance adjust...
2022.03.16 Motion for Preliminary Injunction 996
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.03.16
Excerpt: ...gate was formed in 1964 as a limited equity low‐income co‐operative housing project. Plaintiff Southgate filed its Complaint on January 18, 2022, and named the State of California Department of Housing and Community Development (“Defendant HCD”) as the sole defendant. On December 22, 1992, Plaintiff Southgate borrowed the sum of $2,197,725.00 from Defendant HCD pursuant to a Rehabilitation Loan Agreement for the “rehabilitation of the R...
2022.03.15 Demurrer 066 (2)
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.03.15
Excerpt: ...The Court observes that although Plaintiffs filed an opposition, there is no valid proof of service of the opposition. The Court also notes that Defendant's memorandum of points and authorities approximately 16 pages long. The Court declines Plaintiff's request to “ignore” the demurrer due to being slightly over the 15 page limit. Defendants' request for judicial notice is granted. In taking judicial notice of these documents, the court accep...
2022.03.15 Motion for Summary Judgment, Adjudication 192
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.03.15
Excerpt: ...oint to specific evidence which is claimed to show the existence or non‐existence of a triable issue of material fact. *** Defendants Ocwen Loan Servicing LLC; Deutsche Bank National Trust Company as Trustee for Long Beach Mortgage Loan Trust 2004‐3, Asset‐Backed Certificates, Series 2004‐3; and PHH Mortgage Corporation's (collectively "Defendants") motion for summary judgment, or in the alternative, summary adjudication is ruled upon as ...
2022.03.15 Motion to Stay Proceedings and Compel Arbitration 972
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.03.15
Excerpt: ... Lathum (collectively “Plaintiffs”). Defendant moves to compel Plaintiffs' individual claims only and to stay the action pending arbitration. I. Legal Standard “Under both federal and state law, the threshold question presented by a petition to compel arbitration is whether there is an agreement to arbitrate.” (Sparks v. Vista Del Mar Child and Family Svcs. (2012) 207 Cal.App.4th 1511, 1517.) “Absent a clear agreement to submit disputes...
2022.03.15 Motion to Strike (SLAPP) 210
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.03.15
Excerpt: ...2015, Plaintiffs were disqualified from further representing Ms. Hill in the Hill Action. On or about June 2, 2015, Hill engaged Defendant Port Parker (“Parker”) to take over representing Hill in the Hill Action. Moving Defendants represented the malpractice defendants in the Hill Action. On October 14, 2015, Plaintiffs filed a “Notice of Lien” in the Hill Action. Plaintiffs served the Notice of Lien on Moving Defendants. On or about Augu...
2022.03.10 Motion to Strike (SLAPP) 028
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.03.10
Excerpt: ... Defendant's request for judicial notice is granted as to Exhibit 1, Plaintiff's Complaint filed in this action. Defendants' request for judicial notice as to the remaining exhibits, Exhibits 2, 3, and 4 is denied as the documents obtained from Yelp are not the proper subject of judicial notice. As noted in Jolley v. Chase Home Finance, LLC (2013) 2013 Cal.App.4th 772, "we know of no 'official Web site' provision for judicial notice in California...
2022.03.10 Motion for Summary Judgment 050
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.03.10
Excerpt: ...liation. On June 24, 2020, Plaintiff filed a Request for Dismissal of her second cause of action. Notice of Entry of Dismissal was filed on July 16, 2020. (ROAs 19, 20.) The City now moves for summary judgment on Plaintiff's sole remaining cause of action for FEHA age discrimination on the ground that the City had a legitimate, nondiscriminatory reason for the termination of Plaintiff's employment ‐ that she was not performing to the satisfacti...
2022.03.10 Motion for Preliminary Approval of Class Settlement 560
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.03.10
Excerpt: ...of the State of California, County of Sacramento (the "Spears Action"). Plaintiff Spears asserted the following claims against Defendant: (1) unfair competition in violation of Cal. Bus & Prof. Code §§ 17200, et seq.; (2) failure to pay overtime wages in violation of Cal. Labor Code § 510; (3) failure to provide accurate itemized wage statements in violation of California Labor Code § 226; and, (4) failure to provide wages at termination in v...
2022.03.10 Demurrer to SAC 046
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.03.10
Excerpt: ...occurred in the Spring of 2020 when plaintiff Leslie White (“Leslie”) was suspected to have suffered a heart attack. Generally, Plaintiffs contend Dignity failed to promptly diagnose and treat Leslie and failed to provide Laurie, his wife, with meaningful updates about his condition and treatment. The claim they were forced to wait for hours before any treatment or information was provided. Plaintiffs filed their First Amended Complaint (“1...
2022.03.09 Motion for Summary Judgment 936
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.03.09
Excerpt: ...nt to specific evidence which is claimed to show the existence or non‐existence of a triable issue of material fact. *** Cross‐Defendant RMA Group's (“RMA”) motion for summary judgment against Defendant and Cross‐ Complainant Flatiron West, Inc.'s (“FWI”) cross‐complaint is ruled upon as follows. I. Overview This is a personal injury action arising from a construction‐site accident involving Plaintiff, Dean Robbins (“Plaintiff...
2022.03.09 Demurrer, Motion to Strike 686
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.03.09
Excerpt: ...). The demurrer is OVERRULED IN PART and SUSTAINED IN PART as follows. JUDICIAL NOTICE Defendants' Request for Judicial Notice is ruled on as follow: 1) Proclamation of State of Emergency issued on November 8, 2018, and Executive Order B‐57‐18: GRANTED (Evid. Code, § 452(c)), but the Court's notice is limited to the existence of the documents, not the truth of the matters stated therein or that might be deduced therefrom. 2) CalRecycle's Inv...
2022.03.08 Motion for Summary Judgment, Adjudication 756
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.03.08
Excerpt: ...ndisputed Material Facts, which of plaintiff's own 323 Additional Material Facts, and/or which of the parties' objections to evidence will be addressed at the hearing. The parties should be prepared to point to specific admissible evidence which is claimed to show the existence or non‐existence of a triable issue of material fact. *** Defendant's counsel failed to comply with CRC Rule 3.1350(b), requiring that issues presented for summary adjud...
2022.03.08 Demurrer 100
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.03.08
Excerpt: ...at pursuant to local rules, only limited oral argument is permitted on law and motion matters. *** Moving counsel failed to comply with CRC Rule 3.1110(b)(3)‐(4). Factual Background In March 2019 plaintiff commenced this action for breach of contract and breach of guaranty against defendants Abdul Esmail and Archcon Development & Construction Group, Inc. (“ADC”), both of whom thereafter jointly filed a cross‐complaint against plaintiff an...
2022.03.03 Demurrer to FAC 992
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.03.03
Excerpt: ... The notice of motion does not provide notice of the Court's tentative ruling system as required by Local Rule 1.06(D). Defendants' counsel is ordered to notify responding party immediately of the tentative ruling system and the manner to request a hearing. If Defendants' counsel is unable to contact responding party prior to hearing, moving counsel is ordered to appear at the hearing. This action arises out of an alleged business venture relatin...
2022.03.03 Motion for Preliminary Approval of Class Settlement 338
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.03.03
Excerpt: ...collectively, “Defendants”) is UNOPPOSED and GRANTED. On February 26, 2019, plaintiff Tyler Crum (“Crum”) filed a Class Action Complaint against S&D in Sacramento County Superior Court alleging claims for failure to pay overtime, failure to provide meal and rest periods, failure to provide accurate itemized wage statements, failure to provide wages when due, unfair competition, and violation of PAGA (the “Crum Action”). On November 13...
2022.03.03 Motion for Summary Judgment, Adjudication 300
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.03.03
Excerpt: ...against defendant Hunter William Graham (“Defendant”). Plaintiff sets forth the following nine material facts in its separate statement for both causes of action. Defendant applied to Plaintiff for a credit card account and entered into a written credit card account agreement with Plaintiff for the account number ending in 5620 (the "Account"). (UMFs 1, 10.) Defendant agreed to be bound by the terms and conditions set forth in the Cardmember ...
2022.03.03 Motion to Set Aside Default 060
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.03.03
Excerpt: ...ovide notice of the Court's tentative ruling system as required by Local Rule 1.06(D). Moving counsel is ordered to notify the responding party immediately of the tentative ruling system and the manner to request a hearing. If moving counsel is unable to contact the responding party prior to hearing, moving counsel is ordered to appear at the hearing. Plaintiff Staci Goodson (“Plaintiff”) filed the Complaint on August 6, 2021. Defendant is a ...
2022.03.02 Motion for Summary Judgment 100
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.03.02
Excerpt: ...position from the Court's website on February 23, 2022, and timely filed a reply brief on February 25, 2022. Defendants do not argue that they have been prejudiced by the delay in their obtaining a copy of Plaintiff's opposition, and the Court finds no such prejudice. Factual and Procedural Background This is a personal injury action arising out of a motor vehicle accident that occurred on April 10, 2015. Plaintiff Joseph Alega (“Plaintiff”) ...
2022.03.02 Motion for Preliminary Approval of Class Action Settlement 142
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.03.02
Excerpt: ...(unpaid meal period premiums), (3) violation of Labor Code § 226.7 (unpaid rest period premiums), (4) violation of Labor Code §§ 1194 and 1197 (unpaid minimum wages), (5) violation of Labor Code §§ 201 and 202 (final wages not timely paid), (6) violation of Labor Code §§ 226(a) and 1174(d) (non‐compliant wages statements/records), (7) violation of Labor Code §§ 2800 and 2802 (unreimbursed business expenses), (8) violation of Labor Code...
2022.03.01 Petition to Compel Arbitration and Stay Action 780
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.03.01
Excerpt: ...aintiffs”) allege was executed between Plaintiffs and Defendants to manage Plaintiffs' investments. Plaintiffs filed their Complaint on August 24, 2021, alleging causes of action for: (1) professional negligence, (2) breach of fiduciary duty, (3) fraud, and (4) breach of contract. Defendants move to compel arbitration and stay this action pursuant to the arbitration provision of the investment contract. Plaintiffs filed a notice of non‐ oppos...
2022.03.01 Demurrer 230
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.03.01
Excerpt: ...aims Unit re: Jeff Baoliang Zhang is DENIED. Ms. Gedjeyan's declaration states there is no record of any claim filed with, or presented to, the Government Claims Program by Plaintiff for any date range. Defendant argues the Court may take judicial notice of this declaration because it is a record of an administrative agency and an “official act of the legislative, executive, or judicial departments” of the State of California. (Evid. Cod § 4...
2022.02.17 Motion to Lift Stay 470
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.02.17
Excerpt: ...dvise him/her of Local Rule 1.06 and the Court's tentative ruling procedure and the manner to request a hearing. If moving counsel is unable to contact opposing counsel prior to hearing, moving counsel is ordered to appear at the hearing by Zoom or by telephone. Moving counsel failed to comply with CRC Rule 3.1110(b)(3)‐(4). Factual Background This action was commenced by plaintiff ESM on 4/21/2016 with a complaint seeking recovery of roughly $...
2022.02.17 Motion to Compel Further Responses 644
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.02.17
Excerpt: ...sts that will be addressed at the hearing. The parties are also reminded that pursuant to local rules, only limited oral argument is permitted on law and motion matters. *** Both moving and opposing counsel failed to comply with CRC Rule 3.1110(b)(3)‐(4). In this action plaintiff alleges she was groped by defendant while at a local restaurant. According to the moving papers, defendant pled no contest to a charge of lewd conduct but now refuses ...
2022.02.17 Motion to Compel Further Responses 470
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.02.17
Excerpt: ...nd the opposing party of the specific discovery requests that will be addressed at the hearing. The parties are also reminded that pursuant to local rules, only limited oral argument is permitted on law and motion matters. *** This consolidated action arises out of a multiple motor vehicle accident which occurred in September 2019. Farmers' complaint alleges that defendants negligently caused this accident and as a result, Farmers became obligate...
2022.02.17 Motion for Judgment on the Pleadings 460
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.02.17
Excerpt: ... counsel of the specific causes of action that will be addressed at the hearing. Counsel are also reminded that pursuant to local rules, only limited oral argument is permitted on law and motion matters. *** Factual Background This legal malpractice action was commenced by plaintiffs in pro per in Nevada County Superior Court on 1/24/2013, with the 1AC being filed several months later on 7/11/2013. According to the 1AC, plaintiffs retained defend...
2022.02.17 Demurrer, Motion to Strike 118
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.02.17
Excerpt: ...cal Rule 1.06. Moving counsel is directed to contact opposing counsel and advise him/her of Local Rule 1.06 and the Court's tentative ruling procedure and the manner to request a hearing. If moving counsel is unable to contact opposing counsel prior to hearing, moving counsel is ordered to appear at the hearing by Zoom or by telephone. Factual Background This is a putative class action against TSE, described as a “courier company performing pac...
2022.02.17 Demurrer 794
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.02.17
Excerpt: ...t defendant Farid “was operating a black 2020 Volkswagen Jetta owned by Defendant [EAN]” and “was travelling northbound on San Juan Avenue in the City of Citrus Heights…when he caused a motor vehicle collision against [sic] Plaintiff Patty McCoy.” The complaint purports to assert two causes of action for general negligence and for motor vehicle negligence, both of which are asserted against both defendants Farid and EAN. Demurrer. EAN n...
2022.02.16 Motion to Compel Medical Exam 064
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.02.16
Excerpt: ...ovember 16, 2021, and it was scheduled for hearing on January 6, 2022. Plaintiff Joshua Paul (“Plaintiff”) filed an opposition on December 22, 2021. On December 30, 2021, Defendant filed correspondence continuing the hearing to today's date (February 16, 2022). Thereafter, on January 13, 2022, Defendant filed an Amended Notice of Motion, as well as a new Memorandum of Points and Authorities in Support. The Court did not consider the new Memor...

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