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2022.08.03 Motion for Summary Judgment, Adjudication 808
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.08.03
Excerpt: ...cted to notify the clerk and opposing counsel at the time of the request which of the Issues identified in the Notice of Motion and which of the Undisputed Material Facts offered by the Plaintiffs and/or the Additional Material Facts offered by Defendant will be addressed at 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. *...
2022.08.03 Motion for Approval of Class Notice 616
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.08.03
Excerpt: ...ss notice will be mailed out. The tentative ruling from May 25, 2022 is set forth below. ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ After the April 21, 2022 hearing, Judge Cadei explained, in pertinent part: "Counsel argued that [the] statu[t]e required an estimate to be provided if the costs were to be split between the parties. There is also a need f...
2022.08.02 Motions to Compel Responses 594
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.08.02
Excerpt: ...s, set one (Item 9). Each motion is essentially identical and is accompanied by a request for monetary sanctions of $960. Given the significant overlap between the three motions, the Court rules upon each motion and sanctions request in one combined ruling. All three motions to compel are GRANTED. All three requests for sanctions are DENIED. As an initial matter, Defendant has indicated the incorrect address in its notice for each motion. The cor...
2022.08.02 Motion for Terminating Sanctions 346
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.08.02
Excerpt: ...583.410. The Court rules as follows. Background In this personal injury matter, Plaintiff alleges he was injured while riding his bicycle when Defendant Lloyd struck him with a car door as she exited her Lyft ride. (Mico Decl. ¶ 2.) Plaintiff filed his Complaint on May 13, 2019 through his attorney at the time. (ROA # 1.) Since approximately August 14, 2019, Plaintiff has been selfrepresented. (ROA # 11.) This motion is Defendant's third motion ...
2022.08.02 Motion for Enforce Judgment 830
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.08.02
Excerpt: ...pon defense counsel at 4815 Laguna Park Dr., Suite C, Elk Grove, California 95758. The latest address for defense counsel in the Court's file indicates defense counsel's office is located at 4815 Laguna Park Dr., Suite B‐3, Elk Grove, California 95758. If Plaintiff provides proof at or prior to the hearing that defense counsel presently occupies Suite C where the moving papers were served, the Court rules as follows. If such proof is not provid...
2022.08.02 Motion for Approval of PAGA Settlement 792
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.08.02
Excerpt: ... tasked with providing emergency roadside assistance to motorists by delivering fuel, jumpstarting batteries, and performing tire changes. (Young Decl. ¶ 2.) Plaintiff filed the operative first amended complaint (“FAC”) against Defendants Allstate Insurance Company, Signature Motor Club of California, Inc., and Allstate Motor Club, Inc. (collectively “Defendants”) on August 13, 2019. (Young Decl. ¶¶ 4‐5; ROA # 38.) The FAC alleges th...
2022.07.21 Motion to Strike 638
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.07.21
Excerpt: ...11.) Plaintiff alleges that she was injured when Defendant, who was under the influence of alcohol, collided with the back of Plaintiff's car. The FAC alleges that Plaintiff was driving southbound on State Route 65 and was slowing down due to stopped traffic ahead while in the City of Rocklin. (FAC ¶ XXIV.) Defendant was also driving her car southbound on State Route 65 in the same lane as Plaintiff and was “traveling at an unsafe speed for pr...
2022.07.21 Motion to Compel Deposition Attendance 364
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.07.21
Excerpt: ...e Rover LR4 ("Vehicle"). Express warranties accompanied the sale of the Vehicle to Plaintiff by which Defendant undertook to preserve or maintain the utility or performance of the Vehicle or to provide compensation if there was a failure in such utility or performance. Plaintiff alleges that the vehicle was delivered to Plaintiff with serious defects and nonconformities to warranty and developed other serious defects and nonconformities to warran...
2022.07.21 Application for Relief from Demand for Payment of Interest 386
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.07.21
Excerpt: ...nce Code section 1379(b) is DENIED. Requests for Judicial Notice Defendant's request for judicial notice of Matter of Jaimez (December 17, 1998) P‐B486, a decision of the California Unemployment Insurance Appeals Board, is granted. Plaintiff State of California, Employment Development Department's (“Plaintiff” or “EDD”) request for judicial notice of various orders, tentative rulings, and judgments in Brooks v. California Unemployment I...
2022.07.20 Demurrer, Motion to Strike 227
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.07.20
Excerpt: ...'s counsel is directed to contact opposing counsel forthwith to advise counsel of Department 54's correct address, Local Rule 1.06, and the Court's tentative ruling procedure. If GM's counsel is unable to contact opposing counsel prior to the hearing, GM's counsel shall be available at the hearing, in person or remotely (telephonically or by video conference via Zoom as stated in the introductory notice to today's tentative rulings), in the event...
2022.07.20 Motion for Determination of Good Faith Settlement 930
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.07.20
Excerpt: ...iff was travelling in the southbound direction and defendant was driving in the northbound lane. Both vehicles entered a dust cloud that had been stirred up by a farmer using his tractor in a field adjacent to the road. Defendant crossed over into the southbound lane and his vehicle's front impacted the front of plaintiff's vehicle.” (Complaint, ¶ GN‐1.) Plaintiff named as Doe 1, Non‐Settling Defendant PR AG Services, LLC. (“PR AG”). (...
2022.07.20 Motion to Stay Action 962
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.07.20
Excerpt: ... account, and both times Defendant returned the bill pay requests to Sprint for insufficient funds, triggering two NSF fees. The Class is defined as “all California residents who have or had a GOLDEN 1 checking account from which GOLDEN 1 assessed more than one insufficient funds ("NSF") fee for an item that GOLDEN 1 returned as unpaid at any time during the four (4) years preceding the filing of this action and up to the time when GOLDEN 1 's ...
2022.07.20 Motions to Compel Further Responses 788
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.07.20
Excerpt: ...round that Defendant failed to meet and confer in good faith prior to filing the instant motion. Here, Plaintiff personally served her responses on April 27, 2022. Thus, Defendant's forty‐five (45) day deadline to file and serve a motion compel further responses expired on June 13, 2022. On May 23, 2022, Defendant sent a 34‐page meet and confer letter regarding Plaintiff's responses to special and form interrogatories and request for producti...
2022.07.20 Motion to Dismiss for Failure to Prosecute 368
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.07.20
Excerpt: .... To appear on Zoom telephonically, call (833) 568‐8864 and enter the Zoom ID: 16146506749. The proofs of service accompanying this motion indicate service of the moving papers was sent to incarcerated plaintiff in pro per Sharmistha Barai (“Plaintiff”) at a Federal Medical Center located in Fort Worth, Texas, but there is no evidence in the Court's records indicating that is Plaintiff's current address. If the moving party files at or prio...
2022.07.19 Writ of Attachment 016
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.07.19
Excerpt: ...agement, Inc., (“BMW”) as tenant for property located at 6009 Florin Road, Sacramento, California (the “Premises”), comprised of approximately 8,000 square feet that was leased by BMW for use as a Sizzler Restaurant. (Jackson Dec. ¶¶ 3‐4, Exhs. A‐B.) Pursuant to Article J of the Lease, following Rent Commencement, BMW promised to make monthly payments for the years 1 through 5 in the amount of $16,666,67; for the years 6 through 10 ...
2022.07.19 Motion for Summary Judgment, Adjudication 846
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.07.19
Excerpt: ...cher with Defendant at Cordova Villa Elementary School. Plaintiff is African‐American and filed her operative Second Amended Complaint (“2AC”) on June 22, 2020, alleging causes of action for discrimination, harassment, and retaliation based on race. On January 20, 2021, the Court sustained without leave to amend Defendant's demurrer to Plaintiff's race harassment claim finding that, “with the exception of the watermelon ornament incident,...
2022.07.19 Motion for Summary Judgment, Adjudication 616
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.07.19
Excerpt: ...dressed at 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 California Department of Public Health ("Defendant" or "CDPH") motion for summary judgment, or in the alternative, summary adjudication, against Plaintiff Johnnae M. Harkey‐Kirk (“Plaintiff”) is ruled upon as follows. I. Background This is a class...
2022.07.19 Motion for Attorney Fees 070
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.07.19
Excerpt: ...stence, not the truth of their contents. (See Professional Engineers v. Dep't of Transp. (1997) 15 Cal.4th 543, 590 [judicial notice of findings of fact does not mean that those findings of fact are true]; Steed v. Department of Consumer Affairs (2012) 204 Cal.App.4th 112, 120‐121 [“[W] hile the existence of any document in a court file may be judicially noticed, the truth of the matters asserted in those documents, including the factual find...
2022.07.19 Demurrer, Motion to Strike 864
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.07.19
Excerpt: ...r alleges he was misclassified as an independent contractor. VSS contends Carr agreed to settle all of his employment related claims pursuant to the parties' Labor Commissioner hearing, but has now refused to sign the Settlement Agreement and breached the parties settlement agreement, Independent Contractor Agreement (“ICA”), and Hold Harmless Agreement (“HHA”). VSS filed the original Cross‐Complaint on November 8, 2021, and the First A...
2022.07.19 Demurrer to TAC 366
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.07.19
Excerpt: ...aint (“3AXC”) is OVERRULED. Cross‐Defendant Rock Creek Oil, Inc.'s (“Rock Creek”) joinder is unopposed and granted. This action arises from a Natural Gas Purchase and Sale Agreement (“PSA”) entered into between Cross‐ Defendants and CEE. Disputes subsequently arose over a variety of matters, including, but not limited to, the construction of the pipeline facilities, the quality of the gas being produced, and Cross‐Defendants' ob...
2022.07.19 Demurrer to FAC 426
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.07.19
Excerpt: ...ows. Plaintiff filed a 177‐page opposition on July 13, 2022, only four Court days prior to the hearing. This is not the first time Plaintiff has filed an untimely opposition. While the Court, in its discretion, has considered Plaintiff's previous untimely filings, the Court declines to do so in this instance based upon Plaintiff's repeated failures to comply with deadlines and the extreme untimeliness of this opposition coupled with the oversiz...
2022.07.14 Motion for Attorney Fees 500
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.07.14
Excerpt: ...'s work on the earlier‐filed anti‐SLAPP motion and the present motion for attorney's fees. Pro se Plaintiffs Muhammad Younas Malik and Nazia Jabeen Iqbal (“Plaintiffs”) oppose arguing that their filing of a Notice of Appeal on June 10, 2022 effects a stay on all proceedings in this trial court pending final resolution of the appeal. Plaintiffs alternatively argue that the amount of fees requested by Defendants be reduced to a reasonable a...
2022.07.14 Demurrer 894
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.07.14
Excerpt: ...) Complaint is UNOPPOSED and SUSTAINED WITHOUT LEAVE TO AMEND. Defendants' Request for Judicial Notice is granted in part. The court does not take judicial notice of the truth of any matters asserted in any pleadings or other documents in the Court file. Defendant's Request for Judicial Notice of the amended declaration of Harpreet Singh is denied and also disregards the contract between the parties contained therein. Evidence Code § 452(h) allo...
2022.07.14 Motion for Extension of Time to Serve 674
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.07.14
Excerpt: ...nt shall be served upon a defendant within three years after the action is commenced against the defendant. For the purpose of this subdivision, an action is commenced at the time the complaint is filed." (Code Civ. Proc., § 583.210, subd. (a).) If service is not completed upon a party within the three years, "the action shall not be further prosecuted and no further proceedings shall be held in the action." (Code Civ. Proc., § 583.250, subd. (...
2022.07.14 Motion to Compel Deposition 972
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.07.14
Excerpt: ... Street, Sacramento, California 95814. Factual Background This case involves Plaintiffs' allegations that they endured continued sexual harassment and physical assaults while attending Delta High School. Plaintiffs allege that Defendants River Delta Joint Unified School District, Don Beno, and Laura Uslan (collectively “Defendants”) fostered an atmosphere of rule‐breaking, bullying, and sexual harassment because they allowed the harassment ...
2022.07.14 Motion for Summary Judgment, Adjudication 880
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.07.14
Excerpt: ...prepared to point to specific evidence which is claimed to show the existence or non‐existence of a triable issue of material fact. *** The Motion for Summary Judgment, or in the alternative Summary Adjudication, filed by Defendant Capital Gastroenterology Consultants Medical Group, Inc. (“Defendant”) as to Plaintiff Noel Crowl's (“Plaintiff”) complaint is DENIED as follows. This matter arises out of Plaintiff's layoff by Defendant in w...
2022.07.13 Motion to Compel Answers to Deposition Questions 228
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.07.13
Excerpt: ...l deponents Kashif Ali (“Ali”), Michael Arca (“Arca”), Michael Felder (“Felder”), Anatole Moore (“Moore”), and Preetranjan Sahota (“Sahota”) (collectively “Deponents”) to answer questions is ruled upon as follows. This is a FEHA religious and national origin discrimination, retaliation, failure to provide reasonable accommodation, and failure to engage in the interactive process action. Plaintiff alleges that he was subjec...
2022.07.13 Motion for Final Approval of Class Action Settlement 338
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.07.13
Excerpt: ...Quack Car Wash Holdings, LLC dba Quick Quack Car Wash; Quick Quack Car Wash Management, LLC; and Quick Quack Development II, LLC (collectively, “Defendants”) is UNOPPOSED and tentatively GRANTED pending the final fairness hearing to be held on this date. (Code Civ. Proc. § 382; Cal. R. Ct. 3.769.) Regardless of its disposition of the motion herein, the Court must still hold a hearing on the motion as it may involve the receipt of evidence or...
2022.07.13 Motion for Final Approval Hearing 708
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.07.13
Excerpt: ...Court is to determine whether the settlement is fair, reasonable and adequate, in light of all of the circumstances. ( California v. Levi Strauss & Co. (1986) 41 Cal.3d 460, 471; Dunk v. Ford Motor Co. (1996) 48 Cal.App.4th 1794, 1801.) The trial court has broad discretion to determine whether a proposed settlement in a class action is fair, adequate, and reasonable. ( Wershba v. Apple Computer (2001) 91 Cal.App.4th 224, 244, 245; Rebney v. Wells...
2022.07.13 Motion for Final Approval Hearing 142
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.07.13
Excerpt: ...ment, the Court is to determine whether the settlement is fair, reasonable and adequate, in light of all of the circumstances. ( California v. Levi Strauss & Co. (1986) 41 Cal.3d 460, 471; Dunk v. Ford Motor Co. (1996) 48 Cal.App.4th 1794, 1801.) The trial court has broad discretion to determine whether a proposed settlement in a class action is fair, adequate, and reasonable. ( Wershba v. Apple Computer (2001) 91 Cal.App.4th 224, 244, 245; Rebne...
2022.07.13 Demurrer, Motion to Strike 486
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.07.13
Excerpt: ...inage on Plaintiff's property, resulting in flooding (Comp. ¶ 11); removing a concrete slab which resulted in additional flooding (Comp. ¶ 12); uncapping a water well leading to well contamination (Comp. ¶ 14); using all‐terrain vehicles (“ATVs”) which damaged a shared fence and created dust (Comp. ¶¶ 16, 20); harassing behavior, including verbal threats such as yelling “Why don't you have a heart attack and die!,” “taunting Wilc...
2022.07.13 Demurrer to FAC 606
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.07.13
Excerpt: ...n matters. *** Defendant Allstate Northbrook Indemnity Co.'s (“Defendant” or "Allstate") demurrer to Plaintiff Grach Kazaryan's (“Plaintiff”) first amended complaint (“FAC”) is ruled upon as follows. Overview This is an insurance breach of contract and breach of covenant of good faith and fair dealing action. Plaintiff alleges that he has an automobile insurance policy with Defendant that includes a $100,000 limit per person for Unins...
2022.07.12 Motion for Terminating Sanctions 826
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.07.12
Excerpt: ...tions to compel Defendant's responses to written discovery. Defendant was ordered to serve verified responses to the subject discovery no later than November 24, 2021. (ROAs 13‐14.) Defendant has failed to provide responses despite multiple communications from Plaintiff's counsel, including granting an extension of time to provide the overdue responses. (Keith Decl. ¶¶ 4‐9, Exhs. 2‐5.) Plaintiff now moves for terminating sanctions based o...
2022.07.12 Motion for Reconsideration 404
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.07.12
Excerpt: ...��) motion for reconsideration of the Court's order denying the Motion to Compel Arbitration and Motion to Stay Superior Court Action is DENIED. Defendant Windsor Sacramento Estates, LLC dba Windsor Care Center of Sacramento's (“Windsor Sacramento”) joinder to this motion for reconsideration is granted. On May 17, 2022, the Court denied defendant Windsor Sacramento's Motion to Compel Arbitration and Motion to Stay Superior Court Action to whi...
2022.07.12 Motion for Terminating Sanctions 222
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.07.12
Excerpt: ... to Plaintiff's Request for Production, Set One, numbers 7, 10, 14, 23‐28, 35, 40, 50, 52‐60, 62, 64‐67, and 69‐72. MAF was ordered to produce responsive documents in its possession, custody, or control no later than November 19, 2021. (ROA 81.) Neither party contested the Court's tentative ruling, which became the Order of the Court. On November 19, 2021, MAF produced its first set of more than 20,000 documents that were responsive to th...
2022.07.12 Motion to Approve Settlement Agreement 158
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.07.12
Excerpt: ...n (“Tulyathan Decl.”) ¶ 2.) As set forth in the PAGA Notice, Plaintiff alleged that Defendant: (1) failed to provide off‐duty rest periods in violation of Labor Code § 226.7; (2) failed to provide off‐duty meal periods in violation of Labor Code §§ 226.7 and 512; (3) failed to pay all wages owed upon separation of employment in violation of Labor Code §§ 201‐203; and (4) failed to provide accurate itemized wage statements in viola...
2022.07.12 Motion to Compel Further Responses 550
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.07.12
Excerpt: ...lly and dba Afifi Law Group (“Afifi”) to provide further responses to Cross‐Defendants' special interrogatories, Set One, numbers 1‐81 is GRANTED as follows. Factual and Procedural Background This is an action for legal malpractice, breach of contract, and breach of fiduciary duties against Afifi and Samuel Swenson arising from their joint representation of Sourcis in an underlying action filed by Bravo Development Group, LLC (Bravo Devel...
2022.07.12 Motion to Dismiss for Failure to Prosecute 368
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.07.12
Excerpt: ... pro per Sharmistha Barai within 48 hours of receiving it. The hearing date shall automatically be continued one week plus one court day for oral argument. The continuance date will always be an appearance required hearing so that Sharmistha Barai need not request oral argument. The Litigation Coordinator shall make Sharmistha Barai available, by Zoom telephonically, at 9:00 a.m. on the date of the continued hearing date, which will be July 20, 2...
2022.07.05 Motion to Enforce Judgment 830
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.07.05
Excerpt: ...dicates defense counsel's office is located at 4815 Laguna Park Dr., Suite B‐3, Elk Grove, California 95758. If Plaintiff provides proof at or prior to the hearing that defense counsel presently occupies Suite C where the moving papers were served, the Court rules as follows. If such proof is not provided, the matter will be dropped due to defective service. California Code of Civil Procedure § 664.6 provides: “If parties to pending litigati...
2022.07.05 Motion to Compel Further Responses 550
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.07.05
Excerpt: ...ANTED as follows. Factual and Procedural Background This is an action for legal malpractice, breach of contract, and breach of fiduciary duties against Afifi and Samuel Swenson arising from their joint representation of Sourcis in an underlying action filed by Bravo Development Group, LLC (Bravo Development Group, LLC v. Shahram Elli aka Ron Elli, et al., Sacramento County Superior Court Case No. 34‐2012‐00133552 (the “Bravo Action”)). So...
2022.07.05 Motion for Reconsideration 404
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.07.05
Excerpt: ... Defendant Windsor Sacramento Estates, LLC dba Windsor Care Center of Sacramento's (“Windsor Sacramento”) joinder to this motion for reconsideration is granted. On May 17, 2022, the Court denied defendant Windsor Sacramento's Motion to Compel Arbitration and Motion to Stay Superior Court Action to which the Windsor Corporate Defendants joined. The Court explained it would not consider the Advanced Directive submitted by Windsor Sacramento for...
2022.07.05 Motion for Final Approval of Class Action Settlement 338
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.07.05
Excerpt: ...“Defendants”) is UNOPPOSED and tentatively GRANTED pending the final fairness hearing to be held on this date. (Code Civ. Proc. § 382; Cal. R. Ct. 3.769.) Regardless of its disposition of the motion herein, the Court must still hold a hearing on the motion as it may involve the receipt of evidence or an appearance by a Class Member. Although the Court anticipates that no party will request oral argument, and while no Class Member indicated a...
2022.07.05 Application for Relief from Demand for Payment of Interest 386
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.07.05
Excerpt: ... P‐B486, a decision of the California Unemployment Insurance Appeals Board, is granted. Plaintiff State of California, Employment Development Department's (“Plaintiff” or “EDD”) request for judicial notice of various orders, tentative rulings, and judgments in Brooks v. California Unemployment Insurance Appeals Board, Sacramento County Superior Court Case No. 2020‐80003321, and California Unemployment Insurance Appeals Board Decision ...
2022.06.29 Motion to Compel Arbitration and Stay Civil Action 342
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.06.29
Excerpt: ... Center of Sacramento and Windsor Haysac Holdings, LLC's (collectively "Defendants") motion to compel arbitration and stay action is DENIED. The Court did not consider Plaintiffs' opposition which was filed on June 20, 2022 and did not include a proof of service. Nonetheless, the Court concludes that the motion should be denied even if unopposed. This is an elder abuse, negligence, wrongful death and Violation of Patient Rights action brought by ...
2022.06.28 Motion to Compel Further Responses 152
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.06.28
Excerpt: ...ent insurance application issued by the State of California, Employment Development Department (“EDD”) and the eligibility requirements set forth on the EDD's website is DENIED. The documents are not “facts and propositions that are not reasonably subject to dispute and are capable of immediate and accurate determination by resort to sources of reasonably indisputable accuracy.” “Simply because information is on the Internet does not me...
2022.06.28 Motion for Preliminary Approval of Class Action Settlement 162
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.06.28
Excerpt: ...t BP Fund A, LLC ("BP Fund A"). The Complaint alleged (1) failure to furnish accurate itemized wage statements, and (2) entitlement to penalties under the Private Attorneys General Act ("PAGA"). On or about January 8, 2021, Peterson filed a First Amended Complaint which added Plaintiff Willie Sumpter, Jr. and defendant Blaze Pizza Operation, LLC, and removed Plaintiff Peterson as a Class Representative. (ROA 16.) Defendant Blaze Pizza Operation, ...
2022.06.28 Motion for Leave to File Complaint 388
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.06.28
Excerpt: ...Background In this action, Citizens Insurance Company of America (“Citizens”) seeks declaratory relief as to Defendants' alleged duties to defend and indemnify Citizens' direct insured, David Alley, and damages and reimbursement from Defendants based on equitable subrogation, equitable indemnity, and equitable contribution arising out of the lawsuit titled Hacienda Del Rio, Inc. v. David Alley, individually and in his capacity as Trustee of t...
2022.06.23 Motion to Set Aside Default Judgment 742
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.06.23
Excerpt: ...fault judgment is void on its face. Defendant cites, inter alia, Code of Civil Procedure section 473(d) as a basis for the Court setting aside the default and default judgment. Specifically, Defendant contends that he was served with a series of documents by Plaintiff Theodore White (“Plaintiff”) on or around March 28, 2018. Plaintiff contends in opposition the documents served on Defendant included the Second Amended Complaint [“SAC”], a...
2022.06.23 Motion to Quash Service of Summons 456
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.06.23
Excerpt: ...e back seat passengers in the subject vehicle when it left the roadway and rolled over, killing Ms. Wood and injuring her son. Phoenix Kaplow filed the action individually and as Ms. Wood's Successor in Interest, by and through his Guardian ad litem, Trina Kaplow (“Plaintiff”). Plaintiff alleges that at the time of the accident, cross‐ defendant Jennifer Corrine Domingo (“Domingo”) was driving the subject vehicle, which was owned by cro...
2022.06.23 Motion to Compel Signing of Medical Authorizations 226
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.06.23
Excerpt: ...Defendant] to obtain relevant medical records, that the information sought is relevant to the subject matter involved in the pending action or is reasonably calculated to lead to the discovery of admissible evidence and is not privileged, and that the refusal or failure or both was without substantial justification.” (Notice at 2.) I. Overview This action arises from a motor vehicle accident that occurred on December 3, 2017, in Sacramento, Cal...

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