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2022.10.27 Motion to Set Aside Dismissal and Enter Judgment 146
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.10.27
Excerpt: ...es outside 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. If requested by the parties, the court may retain jurisdiction over the parties to enforce the settlement until performance in full of the terms of the settlement.” Thus, CCP § 664.6 allows the Court upon motion to enter judgment pursuant to the terms o...
2022.10.27 Motion to Compel Site Inspection of Workplace 968
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.10.27
Excerpt: ... untimely. Plaintiff filed this action on June 6, 2019, alleging claims for disability discrimination, disability harassment, age discrimination, retaliation, failure to prevent discrimination/harassment, failure to engage in the interactive process, medical leave discrimination, wrongful termination, and violation of Health & Safety Code § 1278.5. On May 3, 2022, Plaintiff filed the operative Second Amended Complaint (“2AC”) which alleges e...
2022.10.27 Motion for Summary Judgment, Adjudication 588
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.10.27
Excerpt: ...paper or plastic tabs extending below the bottom of the page, bearing the exhibit designation. Failure to comply with this rule makes it cumbersome for the Court to review Defendant's exhibits and evidence in support of this motion. Factual and Procedural Background This action arises from Plaintiff John Sedgh, M.D. (“Sedgh” or “Plaintiff”) serving as a member of Defendant's Panel of Consultative Examiners (the “Panel”). The Panel det...
2022.10.27 Demurrer 810
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.10.27
Excerpt: ...Benjamin Vaden 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 plaintiff Theodore Benjamin Vaden need not request oral argument. The Litigation Coordinator shall make plaintiff Theodore Benjamin Vaden available, by Zoom telephonically, at 9:00 a.m. on the date of the continued hearing date, w...
2022.10.26 Motion for Request for Counsel 674
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.10.26
Excerpt: ... 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 Plaintiff need not request oral argument. The Litigation Coordinator shall make Plaintiff available, by Zoom telephonically, at 9:00 a.m. on the date of the continued hearing date, which will be November 3, 2022, to participate in oral argument. To appear on Zoom telephonically, call (833) 568...
2022.10.26 Motion for Interlocutory Judgment, to Appoint Partition Referee 282
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.10.26
Excerpt: ...st in property located at 8000 Freeport Blvd., Sacramento (“Property”), and an owner of a one‐half contingent interest in the Property. Plaintiff alleges that Defendant Albert Wilson, Jr. Revocable Trust executed July 18, 2019 (“Trust”) is a trust entity, wholly within the control of Defendant Albert Wilson, Jr. ("Albert") (collectively “Defendants”) and a contingent owner of a one‐half (50%) interest in the Property. Plaintiff al...
2022.10.26 Motion for Final Approval Hearing 612
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.10.26
Excerpt: ... 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. ( th Wershba v. Apple Computer (2001) 91 Cal.App.4th 224, 244, 245; Rebney v. Wells Fargo Bank (1990) 220 Cal...
2022.10.26 Motion for Attorney Fees 536
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.10.26
Excerpt: ...rayton and Doe Spouse Crayton (collectively, “Debtors”). Judgment was entered against Debtors originally in Arizona on July 18, 2019, and the judgment was entered as a sister state judgment in California on March 12, 2020. (ROA 4.) The judgment awarded “all costs and reasonable attorney fees incurred by Plaintiff after submission of this judgment for entry by the Court in collecting the amounts listed in this Judgment.” (See Arizona Judgm...
2022.10.25 Application for Admission of Pro Hac Vice 118
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.10.25
Excerpt: ... to appear in a particular cause pending before a court of this state may, ‘in the discretion of such court' be permitted to appear as counsel pro hac vice. (Cal. Rules of Court, rule 9.40(a).)” (Sheller v. Superior Court (2009) 158 Cal.App.4th 1697, 1713.) However, a person is ineligible to appear as counsel pro hac vice if the person is (1) a California resident; (2) regularly employed in California; or (3) regularly engaged in substantial ...
2022.10.25 Demurrer 680
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.10.25
Excerpt: ...owing six causes of action: (1) race discrimination; (2) failure to prevent discrimination; (3) retaliation; (4) harassment; (5) negligent infliction of emotional distress (“NIED”); and (6) intentional infliction of emotional distress. Plaintiff is an African American man. (Complaint, ¶ 4.) Plaintiff has been employed as a senior custodian at UC Davis Medical Center since 2016, with duties that include cleaning the facility. (Complaint, ¶¶...
2022.10.25 Motion for Determination of Good Faith Settlement 170
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.10.25
Excerpt: ...rd amended complaint (“TAC”) is granted. In taking judicial notice of this document, the Court accepts the fact of its existence but not the truth of its contents. Defendant Initial Response Security, Inc.'s (“IRS”) request for judicial notice is also granted, with the same caveat. Background This is a personal injury case wherein Plaintiff Timothy Hayes (“Plaintiff”) alleges that he was physically attacked by three individuals while ...
2022.10.25 Motion to Compel Arbitration 042
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.10.25
Excerpt: ... arises from or relates to Employee's application or candidacy for employment, employment and/or cessation of employment with Company, it will be submitted to final and binding arbitration before a neutral arbitrator." (Gordon Decl., Exh. A (“Agreement”), p. 1.) The Agreement covers "any claim, dispute, and/or controversy that either the employee or the company may have against each other arising from, related to, or having any relationship o...
2022.10.25 Motion to Compel Deposition 402
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.10.25
Excerpt: ... of the Song‐Beverly Consumer Warranty Act (“Song‐Beverly”). Plaintiffs allege that the certified pre‐owned 2012 Dodge Grand Caravan that they purchased contained several defects, including defects in the engine and transmission. Plaintiffs further allege that they delivered the vehicle to an authorized repair facility, but Defendant was unable to conform the vehicle to the applicable warranties and also refused to repurchase the vehicl...
2022.10.25 Motion to Compel Site Inspection 220
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.10.25
Excerpt: ...t also ordered the parties to submit a joint declaration one week before the hearing date describing their additional meet and confer efforts, which the parties have done. (See ROA 67.) The Court refers to its September 20, 2022 order for additional background on this matter. Based on the joint declaration, the Court is satisfied that the meet and confer efforts satisfy the requirements of the Discovery Act. However, the parties remain at an impa...
2022.10.25 Motion to Quash Service of Summons and Cross Complaint 608
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.10.25
Excerpt: ...rected to contact Plaintiff's counsel forthwith to advise counsel of Department 54's correct address, Local Rule 1.06, and the court's tentative ruling procedure. If Defendant is unable to contact Plaintiff's counsel prior to the hearing, Defendant 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 Plaintiff's cou...
2022.10.20 Motion for Summary Judgment, Adjudication 636
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.10.20
Excerpt: ...ormer employment with Kenny G from January 2013 until her termination on April 2, 2018. Plaintiff filed the “Complaint ‐ Class Action” on May 15, 2019, alleging the following nine causes of action: (1) disability discrimination in violation of the Fair Employment and Housing Act (“FEHA”); (2) sex discrimination in violation of FEHA; (3) sexual harassment in violation of FEHA; (4) failure to prevent discrimination in violation of FEHA; (...
2022.10.20 Motion for Summary Judgment, Adjudication 360
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.10.20
Excerpt: ...nd the manner to request a hearing. If Defendant is unable to contact Plaintiffs prior to hearing, Defendant is ordered to appear at the hearing. This action arises from a vehicle collision that occurred on December 11, 2019. Plaintiffs Dainn Blue‐Mallonee and Connor Mallonee, a minor, by and through his Guardian ad Litem, Dainn Blue‐Mallonee (collectively, “Plaintiffs”) filed their Complaint on April 2, 2021. The operative Second Amended...
2022.10.20 Motion for Appointment of Counsel, for Leave to File Complaint 780
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.10.20
Excerpt: ...at Defendant battered them on property that was owned, managed or controlled by other co‐defendants in this action ("Owner Defendants"). Plaintiffs did not serve Defendant with a summons and complaint. (See Declaration of Diligence, ROA 12.) The Owner Defendants filed a cross‐complaint for indemnity and declaratory relief against Defendant on 12/14/2020. (ROA 22.) The Owner Defendants served a summons and cross‐complaint on Defendant. (ROA ...
2022.10.20 Demurrer 554
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.10.20
Excerpt: ... tentative ruling system, as required by Local 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. In this lemon law action filed on May 9, 2022, Plaintiffs allege they purchased a “certifie...
2022.10.20 Application to Seal Record, Motion for Summary Judgment, Adjudication 422
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.10.20
Excerpt: ...ial Facts Support of Motion for Summary Judgment (ROA 167); and Declaration of Dominique A. Pollara in Support of Motion for Summary Judgment (ROA 168.) Defendants once again move to seal portions of the above documents because they include Plaintiff Domenica Manley's medical records and/or private medical information. Defendants previously moved to seal portions of their first motion for summary judgment (“MSJ”) filed on March 9, 2022. On Ju...
2022.10.19 Motion to Quash Service of Summons 518
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.10.19
Excerpt: ...tember 20, 2021. (ROA 7.) The summons and complaint were served on “Baria Khattab, Wife” at 2821 Sedge Ct, Elk Grove, CA 95757. The proof service on Precision shows that Precision was substitute served on November 8, 2021. (ROA 30.) The summons and complaint were served on "'John Doe Manager" at 9250 Big Horn Blvd STE 100, Elk Grove, CA 95758. Khattab moves to quash the summons and complaint on the ground that Khattab was not properly served ...
2022.10.19 Motion for Relief from Deemed Admissions 282
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.10.19
Excerpt: ...ed against Defendants. (ROAs 22‐23.) Defendants were not represented at that time. Plaintiff has a pending motion for judgment on the pleadings, interlocutory order, and appointment of partition referee scheduled for October 26, 2022. Plaintiff's motion for judgment on the pleadings is based on the matters deemed admitted. Defendants now seek relief from admissions pursuant to CCP §2033.300 on the grounds of “inadvertence, surprise, mistake,...
2022.10.18 Demurrers 138
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.10.18
Excerpt: ...partment of Corrections and Rehabilitation (“CDCR”) as a non‐custody stationary engineer with duties that included maintaining and repairing mechanical systems at High Desert State Prison (“HDSP”) in Susanville, California. (SAC, ¶¶ 12‐ 13.) On May 1, 2020, as part of his job duties, Plaintiff intended to access the roof of an administrative building at HDSP that was located outside the secured perimeter and adjacent to an armed gua...
2022.10.18 Motion for Summary Judgment, Adjudication, to Seal Portions of Motion 758
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.10.18
Excerpt: ...alleges that she underwent a septorhinoplasty procedure on March 25, 2020 that was performed by Dr. Mabourakh. Plaintiff alleges that Dr. Mabourakh “carried out a substandard procedure that caused her multiple infections,” and that Dr. Mabourakh “failed to remove the stents from her nose which led to a staph Aureus infection.” (Complaint, Attachment to Cause of Action, p. 1.) Plaintiff further alleges that she had to undergo a second proc...
2022.10.18 Motion to Authorize Deposition of Prisoner 942
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.10.18
Excerpt: ...ictorville, California. In this case, Plaintiffs allege that certain funds, of which Plaintiff East West Bank is beneficial owner, were illegally transferred by Ms. Carpoff and/or her husband as part of a Ponzi scheme to Defendant Segal & Associates, PC. Ms. Carpoff purportedly authorized the fraudulent transfer of $5,000,000 invested by East West Bank in the Carpoffs' investment fund from the fund to the trust account of The Strauss Law Firm. Of...
2022.10.18 Motion to Quash Subpoenas Duces Tecum 764
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.10.18
Excerpt: ...th of their contents. (Sosinsky v. Grant (1992) 6 Cal.App.4th 1548, 1566.) Background This is an employment gender discrimination, retaliation, whistleblower retaliation, and failure to prevent action. Plaintiff alleges that she was employed by Defendants as the Chief Information Security Officer for the UC Davis Medical Center. She alleges that she was wrongfully terminated after making informal and formal complaints regarding internal practices...
2022.10.18 Motion to Dismiss 310
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.10.18
Excerpt: ...ing several defendants and Does 1 through 100. CalHFA was not named as a defendant. Plaintiffs filed their first amended complaint on May 30, 2017, their second amended complaint on September 7, 2017, their third amended complaint on January 28, 2019, and their fourth amended complaint on June 17, 2019. CalHFA was not named as a defendant in any of these complaints. In each complaint, Plaintiff generally alleges Defendants committed fraudulent tr...
2022.10.12 Demurrer to TAC 482
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.10.12
Excerpt: ...st at the time oral argument is requested notify the clerk and opposing counsel of the causes of action that will be addressed at the hearing. The parties are also reminded that pursuant to local court rules, only limited oral argument is permitted on law and motion matters. *** Defendants Northland Group, Inc. (“Northland”), LVNV Funding, LLC (“LVNV”) and Resurgent Capital Services, L.P.'s (“Resurgent”) (collectively “Defendants”...
2022.10.11 Motion to Quash Deposition Subpoena 920
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.10.11
Excerpt: ...dant's motions raise the same issues. Thus, the Court rules on both motions in a single ruling, as follows. Background In this employment case, Plaintiff brings four causes of action under FEHA for (1) hostile work environment harassment; (2) retaliation; (3) discrimination; and (4) failure to prevent harassment, retaliation, and/or discrimination. Plaintiff is a Hispanic gay male with a disability and alleges he was harassed and discriminated ag...
2022.10.11 Motion to Compel Production of Exhibits Used During Deposition 818
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.10.11
Excerpt: ...sition was conducted remotely via Zoom on two separate days: August 10 and August 23. During the August 10 session, Plaintiff's counsel attached three documents as exhibits and labeled them Exhibits A‐C. Exhibit B consisted of 252 pages of Plaintiff's medical records for her treatment with Dr. Siy. Exhibit C consisted of six pages of Plaintiff's employment records. These documents were provided to the court reporter to attach to the deposition ...
2022.10.11 Motion to Compel Further Responses 970
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.10.11
Excerpt: ...uses of actions against defendants challenging the foreclosure and seeks compensatory and punitive damages. (See ROA 236.) On March 31, 2022, Defendant served Plaintiff with form interrogatories, set one. After being granted an extension to respond, Plaintiff served responses and objections on May 26, 2022. On July 5, 2022, counsel for Defendant sent a meet and confer letter to Plaintiff's counsel related to several of Plaintiff's responses to th...
2022.10.11 Motion to Compel Further Responses 718
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.10.11
Excerpt: ...tiff initiated this action against Mr. Marsh and Marsh Property Solutions, LLC on July 7, 2021. (Androvich Decl., ¶ 3.) At some point thereafter, Plaintiff's counsel learned from defense counsel that Defendant would be asserting a sudden medical emergency defense. (Androvich Decl., ¶ 4.) Plaintiff subsequently served written discovery on January 14, 2022, which included a request for all of Defendant's medical records for the five years prior t...
2022.10.11 Motion for Terminating Sanctions 524
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.10.11
Excerpt: ... Plaintiff with written discovery requests, including Special Interrogatories (Set One) and Request for Production (Set One). (Lee Decl., ¶ 3.) On December 15, 2021, Plaintiff's former counsel requested an extension to provide responses by December 21, 2021. (Lee Decl., ¶ 4.) No responses were provided, and Defendant's counsel met and conferred with Plaintiff's counsel on December 29, 2022. (Lee Decl., ¶ 4.) On January 7, 2022, Plaintiff's cou...
2022.10.06 Motion to File FAC 408
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.10.06
Excerpt: ...controlled by defendant Phillip Chang (“Defendant”). The accident took place on November 1, 2019. Plaintiff filed his Form Complaint on September 3, 2021, alleging causes of action for general negligence and premises liability. The Complaint alleges Defendant directly and/or indirectly hired Plaintiff to help in the construction of the Subject Property. Defendant filed a Cross‐Complaint against Cross‐Defendant Juan Guzman (“Guzman”) o...
2022.10.06 Motion to Enforce CCP Section 998 to Compromise 224
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.10.06
Excerpt: ...t is 813 6th Street, Sacramento, California 95814. Plaintiff shall notify Defendant immediately. The notice of motion also fails to provide notice of the Court's tentative ruling system as required by Local Rule 1.06(D). Plaintiff is ordered to notify Defendant immediately of the tentative ruling system and the manner to request a hearing. If Plaintiff is unable to contact Defendant prior to hearing, Plaintiff is ordered to appear at the hearing....
2022.10.06 Motion for Judgment on the Pleadings 446
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.10.06
Excerpt: ...e Accusation of Norcal Gold Inc., Andrew Avalos, Inna Inessa Chernioglo, and Beverly Kendall (DRE Case No. H‐6375 SAC) is granted. Plaintiff Juliet Sanchez (“Plaintiff”) filed the Complaint in this action on December 10, 2020, alleging the following six causes of action: (1) breach of contract; (2) breach of the implied covenant of good faith and fair dealing; (3) fraudulent misrepresentation; (4) fraudulent concealment; (5) latent defect (...
2022.10.06 Motion for Final Approval Hearing 748
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.10.06
Excerpt: ...y indicates that it will grant final approval of the class action settlement conditioned upon further arguments to be made during the final fairness hearing. Although the Court anticipates that neither Plaintiffs nor Defendants 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...
2022.10.05 Demurrer, Motion to Strike 900
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.10.05
Excerpt: ...sed and assaulted in foster care while under the legal custody, care, and control of the County and co‐defendant County of Sacramento. Plaintiff alleges that “Defendants owed a duty to care for and protect Plaintiff, a child in foster care in San Bernardino and Sacramento Counties, and in that regard, assumed an obligation of the highest order to ensure her safety. See Cal. Welf. and Inst. Code § 16000.1(a).” (Complaint, ¶ 13.) Plaintiff ...
2022.10.05 Demurrer 934
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.10.05
Excerpt: ...��) demurrer to Plaintiff in pro per Larry Redic's (“Plaintiff”) complaint is ruled upon as follows. Defendants' request for judicial notice of Executive Order N‐33‐20 is granted. The Court declines to take judicial notice that the Order “does not establish specific COVID ‐19 safety protocols for California's prisons.” (See, Def.'s RJN at 1:26‐27.) The Court notes that Plaintiff filed an opposition on August 11, 2022, which was th...
2022.10.05 Petition to Compel Arbitration 130
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.10.05
Excerpt: ...iction of emotional distress, wrongful death and violation of Residents Bill of Rights. Plaintiff Kathryn Koontz (“Kathryn” or “Decedent”) and her son David Koontz, as successor‐in‐interest, and individually (“David”) filed this action arising from Kathryn residency at defendant The Chateau on Capital Avenue (“Facility” or “Chateau”), an assisted living facility. Plaintiffs allege that Capital Avenue OPCO LLC and SRG Sacra...
2022.10.05 Motion for Appointment of Counsel 780
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.10.05
Excerpt: ... 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 Plaintiff need not request oral argument. The Litigation Coordinator shall make Plaintiff available, by Zoom telephonically, at 9:00 a.m. on the date of the continued hearing date, which will be October 13, 2022, to participate in oral argument. To appear on Zoom telephonically, c...
2022.10.05 Motion for Summary Judgment, Adjudication 890
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.10.05
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. *** Defendants Sutter Valley Hospital (“Sutter”) and Sammy Maysonet's (“Maysonet”) (collectively “Defendants”) motion for summary judgment, or in the alternative, summary adjudication is ruled upon as follows. I. Overview This is a FEHA employment action for disabil...
2022.10.04 Motion to File Amended Complaint 592
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.10.04
Excerpt: ...548, 1566; Kilroy v. State of California (2004) 119 Cal.App.4th 140, 145‐146.) Background This is a dispute between residential neighbors. In December of 2017, Plaintiffs purchased a home in Fair Oaks, California directly adjacent to the home of Defendants Jeff Will and Pam Will (“Defendants”). Defendants' property sits approximately 15‐20 feet higher than Plaintiffs' property, which results in runoff of water and debris from Defendants' ...
2022.10.04 Motion for Summary Judgment, Adjudication 420
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.10.04
Excerpt: ...unts based on an open book account for money due and an account stated in writing between Plaintiff and Defendant. According to Plaintiff's computerized records of the loan, which are maintained in the ordinary course of Plaintiff's business, the remaining balance on the loan, including interest, totals $24,505.39. (UMF Nos. 7, 10.) Legal Standard CCP section 473c(c) requires that a motion for summary judgment be granted "if all the papers submit...
2022.10.04 Motion for Reconsideration 746
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.10.04
Excerpt: ... that occurred on August 23, 2015. (See Osborn Second Amended Complaint (“SAC”), ¶ 8.) According to Plaintiffs' respective second amended complaints, Plaintiff Regina Wander was driving a 2007 Hyundai Santa Fe when she experienced a sudden unintended acceleration event that resulted in her losing control of the vehicle and causing it to travel at a high rate of speed before colliding with the Osborn Plaintiffs' vehicle. Plaintiffs allege tha...
2022.10.04 Demurrer to SAC 914
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.10.04
Excerpt: ... amended complaint on the ground of failure to allege exhaustion of administrative remedies. (ROA 51.) Defendant now challenges the second amended complaint on the same ground. This is a health insurance action. Plaintiff brings this action individually and as the executor of the estate of Ron Pruitt, her late father (hereafter, “Decedent”). (SAC, ¶ 1.) Decedent was a member of PERSCare, a health insurance plan funded by Defendant and admini...
2022.09.29 Petition to Compel Arbitration 204
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.09.29
Excerpt: ...ners' interests in Gold Mountain Distribution (“GMD”). GMD is a cannabis distribution business. The parties entered into a Letter of Intent (“LOI”) on July 8, 2019, which formalized the parties' agreement. (Ramirez Decl. Exh. 1.) Petitioners contend Mr. Argudo has defaulted on the agreed upon payments and failed to assume the personal guaranty for all debts of GMD. Petitioners seek to have their dispute arbitrated in accordance with the t...
2022.09.29 Motion to Compel Further Responses 586
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.09.29
Excerpt: ...ide notice of the Court's tentative ruling system as required by Local Rule 1.06(D). Defendants are ordered to notify Plaintiff immediately of the tentative ruling system and the manner to request a hearing. If Defendants are unable to contact Plaintiff prior to hearing, Defendants are ordered to appear at the hearing. Plaintiff filed this personal injury action on November 2, 2021, arising from a motor vehicle accident that occurred on December ...
2022.09.29 Motion to be Relieved from Liability 324
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.09.29
Excerpt: ...l Retirement Annuity, known as Policy No. 0101211094. (Mills Decl. ¶ 3.) As of October 21, 2021, the Non‐Qualified Annuity had a lump sum value of $30,082.44 and the Individual Retirement Annuity had a lump sum value of $60,495.35. (Mills Decl. ¶ 4.) Both policies named the Insured's children, J. Ruedas, J. Zavoral, and G. Zavoral, as purported equal beneficiaries. (Mills Decl. ¶ 2.) On November 30, 2018, Plaintiff received a Change in Benef...
2022.09.28 Demurrer 062
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.09.28
Excerpt: ...the defendant. Plaintiffs dismissed PWS on May 19, 2020. (ROA 11.) Plaintiffs thereafter named Jerome F. Lipp, JFL LLC, and Re ReduX LLC as Does 1‐3, respectively. (ROAs 14, 16, 19.) In their Judicial Council Form complaint, Plaintiffs allege that Does 1‐3 “were the agents or employees of other named defendants and acted within the scope of that agency or employment.” (Complaint, ¶ 6a.) Plaintiffs allege that a fire broke out at the reta...
2022.09.28 Motion for Summary Judgment, Adjudication 822
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.09.28
Excerpt: ...tion, the Court elects to address the motion as it concerns each plaintiff separately. This tentative ruling concerns Plaintiff David Gunter's (“Gunter”) claims. A separate tentative ruling will be filed concurrently relating to Plaintiff Bruce Zike's (“Zike”) claims. Evidentiary Objections Pursuant to Code of Civil procedure section 437c, subdivision (q), the Court only rules on the objections to evidence deemed material to its dispositi...
2022.09.27 Motion to Compel Arbitration 006
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.09.27
Excerpt: ...r: (1) failure to pay overtime; (2) failure to pay minimum wage; (3) failure to timely pay wages during employment; (4) inaccurate wage statement penalties; (5) failure to reimburse work‐related expenses; (6) waiting‐time penalties. Plaintiff also has a PAGA cause of action wherein he seeks to recover PAGA penalties on behalf of himself, the State of California, and all current and former aggrieved employees. (Compl., ¶ 31.) After applying f...
2022.09.27 Demurrer to TAC, to Strike 028
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.09.27
Excerpt: ...fendant Corrosion Materials, Inc.'s (“CMI”) demurrer to Plaintiff Hogan Mfg. Inc.'s (“Plaintiff”) third amended complaint (“TAC”) is ruled upon as follows. Background & Allegations in the TAC This is a contract dispute. In the operative TAC, Plaintiff alleges that CMI approached Plaintiff in September of 2016 with a proposal in which Plaintiff would process sheet metal provided by CMI into “Top Skins,” which CMI would then sell to...
2022.09.27 Demurrer to FAC 066
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.09.27
Excerpt: ... 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; Steed v. Department of Consumer Affairs (2012) 204 Cal.App.4th 112, 120‐121.) This is Defendants' second challenge the Plaintiffs' operative complaint. On March 15, 2022, this Court sustained Defendants' demurrer to Plaintiffs' initial complaint on...
2022.09.27 Demurrer 934
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.09.27
Excerpt: ... within 48 hours of receipt. 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 the self‐represented party need not request oral argument. The Litigation Coordinator shall make the self‐represented party available, by Zoom telephonically, at 9:00 a.m. on the date of the continued hearing date, which will be 10/5/2022, to pa...
2022.09.27 Demurrer 838
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.09.27
Excerpt: ... 5, 2019, Plaintiff entered into a California Residential Purchase Agreement to purchase the Subject Property from sellers Mark and Lisa Voiselle. Defendant Valary L. Jennings (“Jennings”) was the sales agent for the sellers and acted under the direct supervision of her broker, Purplebricks, Inc., aka Purplebricks Realty, Inc. (“Purplebricks Realty”). Plaintiff alleges that Jennings performed a visual inspection of the Subject Property on...
2022.09.22 Motion to Strike or Tax Costs 860
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.09.22
Excerpt: ... ordered to notify MCM immediately of the tentative ruling system and the manner to request a hearing. If Lombardi is unable to contact MCM prior to hearing, Lombardi is ordered to appear at the hearing. Lombardi has also indicated the incorrect address in the notice of motion. The correct address for Department 54 of the Sacramento County Superior Court is 813 6th Street, Sacramento, California 95814. Lombardi seeks to strike the MOC filed by MC...
2022.09.22 Motion to Compel Further Responses 616
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.09.22
Excerpt: ... Production of Documents, and Special Interrogatories is ruled upon as follows. This motion seeks multiple forms of relief regarding four separate forms of written discovery (requests for admissions, form interrogatories, special interrogatories, and requests for production), each of which contemplates a separate motion. Instead of filing separate motions as to each separate form of discovery, which is preferred by the Court, Defendant filed a si...
2022.09.22 Motion for Summary Judgment, Adjudication 246
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.09.22
Excerpt: ...ling system and the manner to request a hearing. If Dr. McGraw is unable to contact Plaintiff prior to hearing, Dr. McGraw is ordered to appear at the hearing. This is a medical malpractice action arising out of the care and treatment of plaintiff Jack Kellum (“Plaintiff”) during 2018 and 2019 by Dr. McGraw. Plaintiff filed his original Complaint on January 26, 2021, and the operative First Amended Complaint on March 10, 2021. The First Amend...
2022.09.22 Demurrer to TAC 516
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.09.22
Excerpt: ...an L. Porter Revocable Trust, defendant will be referred to as “Porter Trustee.” Porter and Porter Trustee will be referred to collectively herein as “Defendants.” Factual and Procedural Background This action arises out of a dispute between plaintiffs McMillan Storage, LLC (the “LLC”), an Idaho limited liability company, and Marvin Remmich, as Trustee of the 2004 Marvin A. Remmich and Susan P. Remmich Community Property Trust U/D/T D...
2022.09.21 Motion to Stay 890
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.09.21
Excerpt: .../www.saccourt.ca.gov/court‐reporters/docs/crtrp‐6a.pdf. Parties may contact Court‐Approved Official Reporters Pro Tempore by utilizing the list of Court Approved Official Reporters Pro Tempore available at https://www.saccourt.ca.gov/court‐reporters/docs/crtrp‐13.Pdf A Stipulation and Appointment of Official Reporter Pro Tempore (CV/E‐206) is required to be signed by each party, the private court reporter, and the Judge prior to the h...
2022.09.21 Motion for Imposition of Evidentiary Sanctions 882
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.09.21
Excerpt: ...le on the Sacramento Superior Court website at https://www.saccourt.ca.gov/court‐reporters/docs/crtrp‐6a.pdf. Parties may contact Court‐Approved Official Reporters Pro Tempore by utilizing the list of Court Approved Official Reporters Pro Tempore available at https://www.saccourt.ca.gov/court‐reporters/docs/crtrp‐13.Pdf A Stipulation and Appointment of Official Reporter Pro Tempore (CV/E‐206) is required to be signed by each party, th...
2022.09.20 Petition for Relief from Government Claim Filing Requirements 750
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.09.20
Excerpt: ...of Folsom and County of Sacramento. However, per a stipulation between Petitioner and County of Sacramento filed with the Court, Petitioner is no longer pursuing claims against County of Sacramento, and thus the petition with respect to that entity is moot and shall proceed against City of Folsom only. (ROA 15.) Thus, the petition with respect to County of Sacramento is DROPPED. The remainder of this ruling will address the petition with respect ...
2022.09.20 Motion to Compel Site Inspection 220
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.09.20
Excerpt: ... a total of nine causes of action stemming from allegations that Defendant discriminated and retaliated against him due to his disability. Plaintiff has worked for Defendant as a plastic surgeon since approximately 2010, received positive reviews, and was on track for a full tenured professorship. As of 2018, Plaintiff worked out of an office in a newly constructed building called North Addition located on UC's campus in midtown Sacramento. The o...
2022.09.20 Motion for Final Approval of Class Action Settlement 144
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.09.20
Excerpt: ...epresentative action involving various claims for violations of the Labor Code. On April 28, 2022, this Court granted Plaintiff's motion for preliminary approval of the settlement Plaintiff now moves for final approval of the settlement. Courts review class action settlements in a two‐step process: (1) an earlier conditional review by the court; and (2) a later detailed review after the period during which notice is distributed to class members...
2022.09.15 Motion to Strike (SLAPP) 918
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.09.15
Excerpt: ...e 2017, Stonebarger served as the CEO of CB1 Labs, Inc., a company providing administrative services to cannabis companies. (Stonebarger Decl. ¶ 5.) At one point around 2017‐2018, Stonebarger met Rodriguez ‐ a broker ‐ and helped him draft the Operating Agreement for Pure Investments, LLC. (Stonebarger Decl. ¶ 9; Rodriguez Decl. ¶¶ 6‐9, Ex. A.) At another time in 2018, Crystal Matter, an attorney who had worked on legal matters for St...
2022.09.15 Demurrer, Motion to Strike 302
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.09.15
Excerpt: ...nt and an accompanying motion to strike. CONTENTIONS 1. Moving Papers Defendant only demurs to the Fifth Cause of Action for “Fraudulent InducementConcealment.” Defendant raises three grounds. First, Defendant argues that the cause of action is barred by the three‐year statute of limitations under Code of Civil Procedure section 338 because the fraud occurred on the date of the purchase on July 11, 2017, but Plaintiff did not file the actio...
2022.09.15 Demurrer 140
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.09.15
Excerpt: ...emurs to the Fifth Cause of Action for “Fraudulent InducementConcealment.” Defendant raises two grounds: (1) the cause of action fails to state facts sufficient to establish fraud, and (2) it is barred by the economic loss rule. First, citing Tarmann v. State Farm Mut. Auto Ins. Co. (1991) 2 Cal.App.4th 153, 157, Defendant argues that facts supporting a claim of fraud must be pled specifically, but Plaintiff has only alleged them in a conclus...
2022.09.14 Motion for Preliminary Approval of Class Settlement 176
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.09.14
Excerpt: ...tion 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 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 reques...
2022.09.14 Motion for Interlocutory Judgment of Partition 608
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.09.14
Excerpt: ... an undivided 50% interest in the property as joint tenants. Plaintiff contends Defendant has refused to allow her to access the property, she is unable to continue paying the mortgage and related expenses, and the home will foreclose if she does not pay. Thus, she wishes to sell the property. Plaintiff now seeks an interlocutory judgment of partition and sale pursuant to CCP §§ 872.210 and 872.710. Plaintiff proposes that Kevin Singer be appoi...
2022.09.14 Motion for Judgment on the Pleadings 154
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.09.14
Excerpt: ... On January 27, 2022, the Court granted Plaintiff's unopposed motion to deem matters admitted. (ROA 15.) Plaintiff now moves for judgment on the pleadings based on these admissions. Specifically, that Defendant admits she applied for a credit card account with Plaintiff, she received the Customer Agreement when she received the credit card, the Customer Agreement provided that by using the credit card she agreed to bound by the terms therein, she...
2022.09.14 Demurrer to FAC, Motion to Strike 826
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.09.14
Excerpt: ...Amended Complaint (“1AC”) is OVERRULED in part and SUSTAINED in part with leave to amend as follows. Factual and Procedural Background This action arises from Plaintiffs' stay at Vince's Motel from April 2, 2017, through April 11, 2017. Plaintiffs allege that at the time of their stay the motel had a bedbug infestation and that management was aware of the problem, but failed to notify them of the presence of bedbugs in their room or remedy th...
2022.09.14 Motion for Summary Judgment, Adjudication 418
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.09.14
Excerpt: ...ific evidence which is claimed to show the existence or nonexistence of a triable issue of material fact. *** Defendant has indicated the incorrect address in its notice of motion. The correct address for Department 54 of the Sacramento County Superior Court is 813 6th Street, Sacramento, California 95814. Defendant's counsel shall notify Plaintiffs' counsel of the correct address immediately. Defendant Gregory Herrera, M.D. moves for summary jud...
2022.09.14 Motion to Compel Further Responses 746
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.09.14
Excerpt: ...her response to Plaintiff's Requests for Production, Set Three, number 23. (ROA 48.) Request number 23 seeks “[a]ny and all cell phone records including, but not limited to, phone calls or text messages within thirty minutes prior and thirty minutes subsequent to the INCIDENT.” The Court, in its June 21, 2022, Order stated in relevant part: “First, the Court is not persuaded Defendant has met her burden to establish the request implicates a...
2022.09.14 Motion to Set Aside Default Judgment 266
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.09.14
Excerpt: ...ce of the Court's tentative ruling system as required by Local Rule 1.06(D). Plaintiff is ordered to notify Defendant immediately of the tentative ruling system and the manner to request a hearing. If Plaintiff is unable to contact Defendant prior to hearing, Plaintiff is ordered to appear at the hearing. On July 6, 2022, this Court granted defendant the Regents of the University of California's (“Defendant”) Ex Parte Application to dismiss t...
2022.09.14 Motion for Summary Judgment, Adjudication 820
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.09.14
Excerpt: ... system, as required by Local 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 telephone. The notice of motion provides the incorrect address of Department 54. The correct address...
2022.09.13 Motion to Expunge Lis Pendens 460
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.09.13
Excerpt: ...nt (“P&S Agreement”) with Moore, in which Moore agreed to purchase property located at 11060 N. Mather Boulevard, Rancho Cordova, California, (“Property”) for $3,000,000. In May 2021, without any additional consideration. Moore and Sugarman required Plaintiff to sign a document titled “Performance Agreement.” Pursuant to the Purchase Agreement, Moore and Sugarman agreed to pay a base amount of $2,000,000 for the Property prior to clos...
2022.09.13 Motion for Approval of Class Notice 616
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.09.13
Excerpt: ...n of notice by publication. Plaintiff shall submit a revised proposed order for the Court's signature pursuant to CRC Rule 3.1312. The Court notes that after the April 21, 2022 tentative ruling posted, the parties entered into a protective order and the Court granted CDPH's motion summary adjudication as to the invasion of privacy pursuant to Article I, Section I of the California Constitution cause of action. Notice by Publication CRC Rule 3.766...
2022.09.08 Motion for Leave to File FAC 368
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.09.08
Excerpt: ...., ¶ 2, Exh. A (“Compl.”), ¶¶ 6‐8, 23‐26.) Plaintiff was transferred to a different facility on June 1, 2017 and died on July 7, 2017. (Compl., ¶¶ 26, 32.) Plaintiffs allege that Ms. Perry's skin breakdown and death were the result of the acts and omissions of Defendants as her caretakers. (Compl., ¶¶ 1, 35, 45, 56.) The Plaintiffs in this action consist of Ms. Perry's surviving husband, Dennis E. Perry, who is pursuing claims indi...
2022.09.08 Motion for Determination of Good Faith Settlement 544
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.09.08
Excerpt: ...rty forthwith and advise counsel of Local Rule 1.06 and the Court's tentative ruling procedure. If counsel for moving party is unable to contact counsel for opposing party prior to hearing, counsel for moving party shall be available at the hearing, in person or by telephone, in the event opposing party appears without following the procedures set forth in Local Rule 1.06(B). This litigation arises out of construction of a multi‐story parking g...
2022.09.08 Motion for Judgment on the Pleadings 060
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.09.08
Excerpt: ...eir existence, not the truth of their contents. (Herrera v. Deutsche Bank Nat'l Trust Co. (2011) 196 Cal.App.4th 1366, 1375; Kalnoki v. First American Trustee Servicing Solutions LLC (2017) 8 Cal.App.5th 23, 36‐37 [proper for to take judicial notice of recorded land documents and find that the recorded deed of trust was the "legally operative document designating the beneficiary”]; see Professional Engineers v. Dep't of Transp. (1997) 15 Cal....
2022.09.08 Motion for Attorney Fees 472
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.09.08
Excerpt: ...tor America and Hyundai of Roseville LLC (“Defendants”) filed a motion to compel arbitration. (ROA 9.) Though Plaintiffs served standard discovery requests on March 22, 2021, the Court granted the motion to compel arbitration on April 1, 2021 (ROA 27), thereby rendering the matter stayed and discovery moot in this court. It is unclear by in the parties' papers whether the arbitration ever occurred. On November 9, 2021, Defendants extended an ...
2022.09.08 Motion for Limited Expedited Discovery 050
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.09.08
Excerpt: ...edure 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. Plaintiff has indicated the incorrect address in its notice of motion. The correct address for Department 54 of the Sacramento County Superior Court is 813 6th Street, Sacramento, California 95814. Plaintiff's counsel shall notify the nonparties or their co...
2022.09.08 Motion for Summary Judgment, Adjudication 512
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.09.08
Excerpt: ... 8:30 p.m., Plaintiff Bercharis McGill (“Plaintiff”) was lawfully riding his motorcycle on Highway 49 near Defendant's property when his motorcycle hit some aggregate on the road, spun out of control and then crashed into a car traveling in the opposite direction. (Register of Actions [“ROA”] 1 [“Complaint”], p. 4.) This incident occurred within 100‐200 yards from the exit driveway of Defendant's property. Defendant owns, controls, ...
2022.09.08 Motion to Compel Arbitration 934
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.09.08
Excerpt: ...yment, he signed various documents, including an Arbitration Agreement, which purportedly requires the arbitration of any and all claims arising out of or related to Plaintiff's employment with Defendant. (Shanks Decl., ¶ 3 and Exh. A.) Plaintiff was employed until approximately July 2021. (Compl. ¶ 20.) On January 14, 2022, Plaintiff filed the instant representative action under the California Attorneys General Act (PAGA) alleging causes of ac...
2022.09.08 Motion to File Amended Complaint 952
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.09.08
Excerpt: ...L NOTICE Plaintiffs' request for judicial notice of the initial Complaint in this matter is GRANTED. II. BACKGROUND This is an elder abuse case arising from the care and treatment rendered to 89‐yearold decedent John Bennetti, Jr. (“John”) while he was a patient at Sierra Nevada Memorial Hospital in June 2020. Plaintiffs allege that John's healthcare providers failed to identify that he was allergic to certain medications, and the administr...
2022.09.08 Motion for Order to Post Undertaking 576
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.09.08
Excerpt: ...stem, as required by Local Rule 1.06. Moving counsel is directed to contact the counsel for all other parties 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 opposing counsel prior to hearing, moving counsel is ordered to appear at the hearing by Zoom or by telephone. Defendant has indicated the incorrect address in its notice of motion. The ...
2022.09.07 Motion to Enforce Settlement 476
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.09.07
Excerpt: ...rally 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. If requested by the parties, the court may retain jurisdiction over the parties to enforce the settlement until performance in full of the terms of the settlement.” Thus, CCP § 664.6 allows the Court upon motion to enter judgment pursuant to the terms of a settlement where the parties stipulat...
2022.09.07 Motion to Compel Medical Exam 924
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.09.07
Excerpt: ...right, a sheriff deputy, operating a Ford Explorer patrol vehicle, lost control of his vehicle and collided with Plaintiff's minivan. Plaintiff alleges she sustained serious physical, emotional, and psychological injuries as a result and has continuing symptoms for which medical treatment is ongoing. Plaintiff's injuries included a herniated cervical disc; injury to her back, shoulders, hips, legs, and jaw; PTSD; and traumatic brain injury with s...
2022.09.07 Motion to Compel Arbitration and to Stay Action 650
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.09.07
Excerpt: ... Green (“Tracy”) (collectively, the “Greens”). This action arises out of an investment account with RBC that was numbered initially as Account No. ‐8808 and later changed to Account No. ‐5042 (the “Account”). The Account was a joint tenant account in the names of Lopez and her son ‐in‐law Jason. Lopez alleges the Account was opened with an initial deposit of $200,000. (1AC ¶ 9.) Lopez alleges unauthorized withdrawals were mad...
2022.09.07 Motion for Summary Judgment, Adjudication 886
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.09.07
Excerpt: ...uest for judicial notice in support of its motion is granted. Plaintiff's request for judicial notice and Defendants' supplemental request for judicial notice are denied as the subject documents were not relevant to the Court's decision on the motion. II. Defendants' Objections Defendants' objections to Plaintiff's evidence submitted in opposition to the instant motion are ruled as follows. Declaration of Leta Nichols Objection No. 1 – ¶ 2, Li...
2022.09.06 Demurrer 968
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.09.06
Excerpt: .... *** Defendant Sutter Valley Hospitals dba Sutter Roseville Medical Center's (“Sutter”) demurrer to the Fifth and Eighth causes of action in Plaintiff Barbara Young's (“Plaintiff”) second amended complaint (“SAC”) is ruled upon as follows. Overview This is an employment action. At issue in this demurrer are the causes of action for failure to make reasonable accommodations (COA 5), and violation of Labor Code section 1102.5 (COA 8.) ...
2022.09.06 Motion to Quash Subpoena, for Monetary Sanctions 1998
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.09.06
Excerpt: ...ness records to Wells Fargo Bank, N.A., or in the alternative, for a protective order is ruled upon as follows. I. Overview a. Nivano's Complaint In its action, Nivano alleges that Defendants and Cross‐Complainants Mitesh Patel, R.PH (“Patel”) and David Kyle D.O. (“Kyle”) (collectively “Defendants”) schemed to “illegally gain control of Nivano and to then illegally profit from its providers and their patients. Defendants did so by...
2022.09.06 Motion for Summary Adjudication 566
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.09.06
Excerpt: ...vidence which is claimed to show the existence or nonexistence of a triable issue of material fact. *** Plaintiff Daniel Tiamu Avegalio's (“Plaintiff”) motion for partial summary adjudication is ruled upon as follows. I. Overview This action arises from Plaintiff's purchase of a used vehicle (“Vehicle”) from Defendant SAII Enterprises, LLC (“Defendant”). Plaintiff alleges that Defendant misrepresented the Vehicle's true accident histo...
2022.09.01 Motion to Quash Deposition Subpoena 504
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.09.01
Excerpt: ...LC, dba Laguna Woods, RCFE when Defendant Mee Lai Fong attacked Patton with a metal cane, ultimately leading to her death. CONTENTIONS 1. Moving Papers Defendants move to quash a deposition subpoena issued by Plaintiffs. The subpoena at issue is a records‐only subpoena under Code of Civil Procedure section 2020.410 issued on June 22, 2022 to Morrison & Garritano, an insurance broker that helped Defendants obtain insurance coverage for their nur...
2022.09.01 Motion to Compel Further Responses 500
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.09.01
Excerpt: ...edecessor to Patelco Credit Union) secured by a deed of trust on the property. In 2008, Cal State 9 Credit Union assigned the beneficial interest under this deed of trust to Plaintiff. In 2009, an erroneous substitution of trustee was recorded on the deed of trust, purporting to appoint T.D. Service Company (predecessor to First American Title Insurance Company) as the new trustee and averring that Patelco was the beneficiary on the deed of trust...
2022.09.01 Motion for Leave to File Amended Answer 222
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.09.01
Excerpt: ...ofit public benefit corporation. A trial is currently set for March 6, 2023. CONTENTIONS Defendants Move America Forward, Salvatore Russo, Melanie Swanson, Howard Kaloogian, and Shawn Callahan move for leave to amend their answer to the first amended complaint to allege an additional affirmative defense of selective prosecution. Defendants assert that recently completed depositions, which were noticed in April 2022, provided Defendants sufficient...
2022.09.01 Demurrer, Motion to Strike 714
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.09.01
Excerpt: ... (2) fraud. CONTENTIONS Defendants filed this unopposed demurrer to both causes of action on the basis that they fail to state a cause of action and are uncertain. As to the first cause of action, Defendants argue that it fails because the alleged 20 percent interest on the promissory note is usurious in violation of article XV of the California Constitution, which caps interest in cases such as this at 10 percent. Defendants further argue that t...
2022.09.01 Demurrer 122
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.09.01
Excerpt: ...he tentative ruling to the litigation coordinator on or before the date of the scheduled hearing. The litigation coordinator shall provide the tentative ruling to Plaintiff 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 Plaintiff need not request oral argument. The Litigation Coordinator sha...
2022.08.31 Motion to Unseal 590
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.08.31
Excerpt: ...is 42 years old. Plaintiff's motion is difficult to decipher, but from what the Court can glean, Case No. 714520 was a case wherein James E. Puiia sued Betty M. Puiaa for declaratory relief in 1976. Part of that case was apparently sealed in 1980 for unknown reasons. Attorney Weldon R. Reeves prepared a judgment in that case. Mr. Reeves was later disbarred in 1996 due to a false statement made in bankruptcy court. Both Mr. and Mrs. Puiia are dece...

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