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2019.10.21 Motion to Compel Further Responses 631
Location: Sacramento
Judge: Rodda, Steven H
Hearing Date: 2019.10.21
Excerpt: ...rchase and “flip” real property together and divide the profits evenly. Lynn operates a real estate brokerage company in Sacramento. Real Estate Portfolio Management, LLC (“REPM”) is a real estate investment company in Orange County. Steve George is REPM's principle. On July 26, 2019, Lynn served REPM with form interrogatories, set two. (Nevin Decl. Exh. A.) REPM requested a two‐week extension of time to respond. (Nevin Decl. Exh. B.) L...
2019.10.21 Motion to Compel Deposition 417
Location: Sacramento
Judge: Rodda, Steven H
Hearing Date: 2019.10.21
Excerpt: ...or judicial notice on reply is granted. In this action, Plaintiffs allege that the California Department of Corrections and Rehabilitation, Folsom, and the County of Sacramento created a dangerous condition of public property by closing a sidewalk and directing Ms. Hills to walk/pass into the roadway where she was struck by a car driven by defendant Carolyn Vodoklys. Correctional Officer Nader Saca was supervising the CDCR inmate work crew at the...
2019.10.21 Demurrer 005
Location: Sacramento
Judge: Rodda, Steven H
Hearing Date: 2019.10.21
Excerpt: ... from four years preceding the filing of this Complaint to final judgment.” (Complaint ¶ 13.) Plaintiff alleges the following two causes of action: (1) unpaid wages pursuant to Labor Code § 229; and (2) violation of Business & Professions Code §§ 17200 et seq. Defendant demurs to the complaint on the grounds it fails to state facts sufficient to constitute a cause of action either on an individual or a class‐wide basis. Defendant also dem...
2019.10.21 Motion to Compel Deposition 631
Location: Sacramento
Judge: Rodda, Steven H
Hearing Date: 2019.10.21
Excerpt: ...ortedly agreed to enter into a partnership to purchase and “flip” real property together and divide the profits evenly. Lynn operates a real estate brokerage company in Sacramento. Real Estate Portfolio Management, LLC (“REPM”) is a real estate investment company in Orange County. Steve George is REPM's principle. Plaintiffs/Cross‐Defendants Lynn filed their complaint in November 2015 alleging that REPM and Steve George breached a partn...
2019.10.18 Motion to Quash Deposition Subpoena 417
Location: Sacramento
Judge: Rodda, Steven H
Hearing Date: 2019.10.18
Excerpt: ...ons for Monday, October 7, 2019. The subpoenas were served by overnight mail. The subpoenas relate to six individuals who were members of the CDCR work crew during the incident that gave rise to this action. Plaintiffs argue that the subpoenas are untimely. Trial was initially set for November 5, 2019 but was continued to January 21, 2020. “Except as otherwise provided in this chapter, any party shall be entitled as a matter of right to complet...
2019.10.18 Motion to Dismiss Complaint 759
Location: Sacramento
Judge: Rodda, Steven H
Hearing Date: 2019.10.18
Excerpt: ...tained Defendant's default but the default were set aside on September 13, 2019 after the Court granted Defendant's motion to set aside and found that Defendant had never been served with the summons and complaint despite the proof of service indicating that Plaintiff's son had served Defendant. Pursuant to CCP § 583.210, “the summons and complaint shall be served upon a defendant within three years after the action is commenced against the de...
2019.10.18 Motion for Protective Order 576
Location: Sacramento
Judge: Rodda, Steven H
Hearing Date: 2019.10.18
Excerpt: ...to work in an area that was unsafe and that he tripped over dangerous equipment. There is no description of what the alleged “dangerous equipment” consists of or any specific details as to how he was injured. He also refers to regulations and Construction Industry Safety orders that were violated but does not identify them. Defendant A. Teichert & Son, Inc. (“Teichert”) answered the complaint and propounded written discovery. At issue on ...
2019.10.18 Motion for Protective Order 417
Location: Sacramento
Judge: Rodda, Steven H
Hearing Date: 2019.10.18
Excerpt: ... struck by a car driven by Defendant Carolyn Vodoklys. Correctional Officer Nader Saca (“Officer Saca”) was supervising the CDCR inmate work crew at the time of the incident. The City moves for a protective order with respect to the latest round of written discovery from Plaintiffs in addition to two depositions. Depositions The City argues that it is entitled to a protective order with respect to the recent deposition notices Plaintiffs issu...
2019.10.18 Motion for Judgment on the Pleadings 987
Location: Sacramento
Judge: Rodda, Steven H
Hearing Date: 2019.10.18
Excerpt: ...ry, negligence and IIED. He also alleges a cause of action for a civil rights violation under 42 USC § 1983 against the City. The City moves for judgment on the pleadings on that cause of action. Except as provided by statute, a motion for judgment on the pleadings is analyzed like a general demurrer. (Cloud v. Northrop Grumman Corp. (1998) 67 Cal.App.4th 995, 999.) In the fifth cause of action for violation of § 1983 Plaintiff alleges that Joh...
2019.10.18 Demurrer 859
Location: Sacramento
Judge: Rodda, Steven H
Hearing Date: 2019.10.18
Excerpt: ...ul Death (Dangerous Condition of Public Property) and Wrongful Death (Negligence). Plaintiff alleges that her father died while trying to rescue motorists whose vehicle had driven off the Tower Bridge. Plaintiff alleges that a CalTrans employee who was intoxicated and distracted lifted the roadway for a boat but did not engage vehicle safety barriers. Plaintiff alleges that her father drowned and that his body was misidentified and then cremated....
2019.10.17 Motion for Preliminary Approval 691
Location: Sacramento
Judge: Rodda, Steven H
Hearing Date: 2019.10.17
Excerpt: ...138.) Newberg on Class Actions (4th Ed.), the most authoritative treatise on class actions, discusses the process for approving the settlement of a class action. At § 11.24, “Procedure for Submitting Class Settlement for Approval,” Newberg describes the review at the preliminary stage as the submission by the parties of the essential terms of the agreement for informal review of the settlement papers by the Court. In reviewing a request for ...
2019.10.17 Motion for Mandatory Dismissal 457
Location: Sacramento
Judge: Rodda, Steven H
Hearing Date: 2019.10.17
Excerpt: ...ior to hearing, moving counsel is ordered to appear at the hearing in person or by telephone. Defendants Ira Friedman's and NRES, LLC's motion for dismissal pursuant to Code of Civ. Proc. §§ 583.310 and 583.360(a) is DENIED. Plaintiff's Smith Development and Construction Co., Inc.'s (“Plaintiff”) request for judicial notice is granted. Factual Overview This action involves disputes related to construction contracts for work at three separat...
2019.10.17 Motion to File Amended Complaint 551
Location: Sacramento
Judge: Rodda, Steven H
Hearing Date: 2019.10.17
Excerpt: ...for express indemnity, breach of contract, equitable contribution, and declaratory relief. It now seeks to file a first amended crosscomplaint to add Hanasab Insurance Services as a party and add causes of action for breach of contract and negligence. Defendant believes that Special Ice's recent discovery responses show that Hanasab failed to secure the requisite insurance. Trial is not until February 2020. “Trial courts are vested with the dis...
2019.10.17 Motion for Summary Judgment, Adjudication 845
Location: Sacramento
Judge: Rodda, Steven H
Hearing Date: 2019.10.17
Excerpt: ...properly towed his vehicle and then had the car sold for parts. Defendant's separate statement includes the following. As of November 13, 2014, Defendant was in contract with the CHP to provide towing services. Under that contract Defendant was obligated and authorized to remove, tow, and store vehicles when ordered to by the CHP. On November 13, 2014, the CHP ordered Defendant to remove a 2011 Kia Soul from the intersection of Gunn Road and Marc...
2019.10.16 Motion to Compel Responses 249
Location: Sacramento
Judge: Rodda, Steven H
Hearing Date: 2019.10.16
Excerpt: ...llege suffered from engine issues, Plaintiffs seek to compel Defendant to provide full and complete responses to certain requests for production. Requests Nos. 30‐33 relate to consumer complaints and Defendant's repurchases of vehicles (same year, make and model as Plaintiffs' vehicle) which suffered the same defects as Plaintiffs' vehicle. Defendant interposed numerous objections to the requests for production, including objections...
2019.10.16 Motion to Compel Further Responses 951
Location: Sacramento
Judge: Rodda, Steven H
Hearing Date: 2019.10.16
Excerpt: ...isclosure of Information to a Government or Law Enforcement Agency and Disability Discrimination against Dignity Health Foundation, Dignity Health Medical Foundation, and Dignity Health (collectively, "Defendants"). Plaintiff complained that her co‐worker was using dirty scopes on patients and Dignity determined after investigation that Plaintiff was not cleaning her scopes. Plaintiff alleges she was terminated due to her complaint and ...
2019.10.16 Motion to Compel Arbitration 485
Location: Sacramento
Judge: Rodda, Steven H
Hearing Date: 2019.10.16
Excerpt: ...imants have resolved their case against the at‐fault motorist for the policy limits of $15,000. Claimants have demanded arbitration, but respondent United Services Automobile Association (“USAA”) has refused. Claimants now move to compel arbitration and appoint an arbitrator in the underinsured motorist action. Auto insurance policies are required by statute to contain provisions for binding arbitration of uninsured and underinsured motoris...
2019.10.16 Motion for Protective Order 879
Location: Sacramento
Judge: Rodda, Steven H
Hearing Date: 2019.10.16
Excerpt: ...ants tortured him and took his watch during a less than 24 hour period that Mr. Campbell was a patient at the Emergency Room at U.C. Davis Medical Center. Ms. Boden is a registered nurse who allegedly assaulted and battered Mr. Campbell and directed other defendants in placing him on the gurney and removing him from the hospital. When interrogatories have been propounded, the responding party … may promptly move for a protective order." (CC...
2019.10.15 Petition to Confirm Contractual Arbitration Award 097
Location: Sacramento
Judge: Rodda, Steven H
Hearing Date: 2019.10.15
Excerpt: ...ched its Amended and Restated Operating Agreement dated September 10, 2008 (“Operating Agreement”). Tutto was ultimately removed as Hit Italian's managing member. Hot Italian maintains that the parties engaged in a valuation of Tutto's interest in Hot Italian and that Mr. Wallace of Wallace Valuation Advisors issued a valuation which it contends is a final arbitration award subject to confirmation under CCP § 1280 et seq.. Respondents conten...
2019.10.15 Motion for Summary Judgment, Adjudication 613
Location: Sacramento
Judge: Rodda, Steven H
Hearing Date: 2019.10.15
Excerpt: ... the visitor clubhouse during the 2014 and 2015 baseball seasons. Plaintiff alleges causes of action for, among other things, race discrimination and harassment, retaliation, wrongful termination, failure to pay wages, and failure to provide meal and rest periods. As it relates to moving Defendants, Plaintiff alleges causes of action for aiding and abetting FEHA violations, violation of the Ralph Civil Rights Act and Unfair Business Practices. Th...
2019.10.15 Demurrer 523
Location: Sacramento
Judge: Rodda, Steven H
Hearing Date: 2019.10.15
Excerpt: ...September 16, 2016, the Decedent was working in the course and scope of his employment with Goodwill Industries as a “Loader and Unloader.” Plaintiffs allege that the Decedent was checking the alignment of a container being unloaded from a “roll‐off‐hoist‐truck”. The Decedent allegedly placed his head between the frame of the container and a stationary compactor and was crushed. Plaintiffs allege causes of action for strict products...
2019.10.11 Motion for Summary, Adjudication 669
Location: Sacramento
Judge: Rodda, Steven H
Hearing Date: 2019.10.11
Excerpt: ... The Court does not rule on objections to facts set forth in the opposing separate statement but only to the cited evidence itself. Plaintiff's objection to the length of the moving points and authorities is sustained. CRC 3.1113(d)‐(e). The points and authorities are 33 1/2 pages long, exceeding the page limitation of 20 pages by 13 1/2 pages. Despite this, the Court is considering the document even though the defendants did not seek ex pa...
2019.10.11 Demurrer 311
Location: Sacramento
Judge: Rodda, Steven H
Hearing Date: 2019.10.11
Excerpt: ...8 [recorded land documents, not contracts, are the subject of judicial notice on demurrer].) The court, however, does not accept the truth of any facts within the judicially noticed documents except to the extent such facts are beyond reasonable dispute. (See Poseidon Devel., 152 Cal.App.4th at 1117‐18.) see also Fontenot v. Wells Fargo Bank, N.A. (2011) 198 Cal.App.4th 256, 265 (“[A] court may take judicial notice of the fact of a document's...
2019.10.11 Application to Seal Record 643
Location: Sacramento
Judge: Rodda, Steven H
Hearing Date: 2019.10.11
Excerpt: ...ted documents. These documents contained private peace officer information about a non‐party. The nonparty has objected to the disclosure of his identity. The document sought to be sealed is the Personnel Board's Resolution and Order describing an investigation regarding the identified peace officer. This disclosure potentially violates the peace officer's right of privacy in the absence of waiver. Job actions relating to an identified ...
2019.10.10 Motion for Reconsideration 449
Location: Sacramento
Judge: Rodda, Steven H
Hearing Date: 2019.10.10
Excerpt: ...sideration on July 19, 2019, with a hearing date of July 30, 2019. On July 29, 2019, the Court tentatively dropped the matter from calendar, without prejudice, due to defective service. At the hearing, Plaintiff's oral motion to continue the hearing was granted without objection. The matter was continued to August 23, 2019. After Plaintiff filed her first motion, but before the Court heard the first motion on July 30, 2019, Plaintiff filed what a...
2019.10.10 Demurrer 489
Location: Sacramento
Judge: Rodda, Steven H
Hearing Date: 2019.10.10
Excerpt: ...al argument on the continuance date. Defendant Walkenhorst's, Inc.'s ("Defendant") demurrer to self‐represented plaintiff Alonzo Joseph's ("Plaintiff") complaint is UNOPPOSED and is SUSTAINED with leave to amend. Plaintiff is an inmate with the California State Prison in Represa, California. Plaintiff filed a form complaint on May 14, 2019. (ROA 1.) General negligence would appear to be alleged, although "product...
2019.10.10 Motion for Summary Judgment, Adjudication 221
Location: Sacramento
Judge: Rodda, Steven H
Hearing Date: 2019.10.10
Excerpt: ...what the marking indicates (it is not readable) and it is speculation on Plaintiff's part that the marking indicates the declaration was not personally signed by Mr. Cheban. The additional objections regarding the declaration of Mr. Cheban are also overruled. To the extent Plaintiff “objected” to several of Defendants UMFs on the ground the characterization of the UMF is uncertain, ambiguous, and irrelevant, such objections are overruled beca...
2019.10.10 Motion to Compel Further Responses 677
Location: Sacramento
Judge: Rodda, Steven H
Hearing Date: 2019.10.10
Excerpt: ...C Davis Medical Center in Sacramento. Plaintiff was visiting her brother when she slipped and fell on water in the hospital bedroom that emanated from a bathroom sink. Plaintiff was visiting her brother in room 8103, but the water on the floor originated from the sink in the adjacent room, room 8101. Plaintiff contend that according to deposition testimony and discovery responses, the only employee that was aware of what caused the blockage is de...
2019.10.10 Motion for Summary Judgment, Adjudication 729
Location: Sacramento
Judge: Rodda, Steven H
Hearing Date: 2019.10.10
Excerpt: ... action on November 6, 2017. Pursuant to a stipulation, the Court authorized Plaintiff to amend its complaint to drop its writ of mandate claim and assert a claim for tax refund, and this matter was reassigned from the writ department. (ROA 28.) Plaintiff filed its First Amended Complaint (“FAC”) on August 30, 2018, which states a single cause of action for tax refund pursuant to California Revenue and Taxation Code § 6933. (ROA 29.) On Octo...
2019.1.7 Motion to Strike 308
Location: Sacramento
Judge: Rodda, Steven H
Hearing Date: 2019.1.7
Excerpt: ...amlin (Hamlin) (collectively “Plaintiffs). The SAC contains a single cause of action for legal malpractice. Plaintiffs allege that they are beneficiaries of a family trust (the “Trust”). They contend that, after each of the original trustees died, Defendants failed to take certain actions in relation to the Trust. Among other things, Plaintiffs allege that (1) Defendants failed properly to advise the surviving trustee after the other truste...
2019.1.7 Demurrer 810
Location: Sacramento
Judge: Rodda, Steven H
Hearing Date: 2019.1.7
Excerpt: ... filing papers in this court. Copies of papers filed with the court must be served on parties that have appeared in the action or, if the parties are represented, then on their counsel of record. In addition, written proof that such service was made must be filed with the court prior to hearing. (See Sacramento County Superior Court Local Rule 2.30(E).) Future failures to serve papers could result in adverse rulings, including rulings that papers...
2019.1.7 Demurrer 422
Location: Sacramento
Judge: Rodda, Steven H
Hearing Date: 2019.1.7
Excerpt: ...her Dockery, Jr., for injuries she sustained after allegedly hiring them to transport her to her home. Among other things, she alleges that each defendant negligently maintained the vehicle and thereby caused the collision. (See Compl., ¶ 8.) She also advances theories of negligence based on the defendants' ownership, entrustment and operation of the vehicle. (See id.) Hertz demurs on grounds that the allegations are uncertain, fail to state a v...
2019.1.4 Application for Writ of Attachment 950
Location: Sacramento
Judge: Rodda, Steven H
Hearing Date: 2019.1.4
Excerpt: ...unsel 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 in person or by telephone. Factual Background This action arises out of a dispute relating to TSCS, an LLC which operates a restaurant and bar in Sacramento. Plaintiffs are two of the founding members in ...
2019.1.4 Motion to Quash Subpoena 146
Location: Sacramento
Judge: Rodda, Steven H
Hearing Date: 2019.1.4
Excerpt: ...s the lanes and directly into plaintiffs' path of travel. Plaintiffs have propounded discovery but defendant's counsel has indicated defendant is mentally incapable of responding and may be suffering from Alzheimer's disease. Plaintiffs have issued a subpoena to UC Davis Medical Center seeking defendant's records which pertain to “Dementia and or Alzheimer's [sic].” Defendant now moves to quash the subpoena on various grounds including that i...
2019.1.4 Motion to Compel Further Responses 788
Location: Sacramento
Judge: Rodda, Steven H
Hearing Date: 2019.1.4
Excerpt: ...ic discovery requests that will be addressed at the hearing. Counsel are also reminded that pursuant to local court rules, only limited oral argument is permitted on law and motion matters. *** Moving counsel failed to comply with CRC Rule 3.1345(c) inasmuch as the moving separate statement failed to include the definitions of various terms used in the underlying discovery requests and Rule 3.1345(c) clearly requires the separate statement to inc...
2019.1.4 Motion to Compel Arbitration 618
Location: Sacramento
Judge: Rodda, Steven H
Hearing Date: 2019.1.4
Excerpt: ...ressed at the hearing. Counsel are also reminded that pursuant to local rules, only limited oral argument is permitted on law and motion matters. *** 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 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 ...
2019.1.4 Motion for Summary Judgment, Adjudication 996
Location: Sacramento
Judge: Rodda, Steven H
Hearing Date: 2019.1.4
Excerpt: ...for the benefit of the parties and counsel but in Judge Rodda does not find it to be a reason for recusing himself from this matter. *** *** If oral argument is requested, the parties are directed to notify the clerk and opposing counsel at the time of the request which of the three issues submitted for summary adjudication, which of moving defendant's 20 Undisputed Material Facts and/or which of plaintiff's 19 Additional Material Facts will be a...
2019.1.4 Motion for Compel Arbitration 612
Location: Sacramento
Judge: Rodda, Steven H
Hearing Date: 2019.1.4
Excerpt: ...ow 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. *** 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 opposing counsel and advise him/her of Local Rule 1.06 and the court's tentative ruling procedure and the manner to request a heari...
2019.1.3 Motion for Summary Judgment, Adjudication 120
Location: Sacramento
Judge: Rodda, Steven H
Hearing Date: 2019.1.3
Excerpt: ...ssed 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. *** Defendants Aeorojet Rocketdyne, Inc. (“ARI”) and Steve Hill's (“Hill”) (collectively “Defendants”) motion for summary judgment, or in the alternative, summary adjudication is ruled upon as follows. 1. Overview This is an employment action. Plaintiff Stev...
2019.1.3 Motion for Terminating Sanctions 172
Location: Sacramento
Judge: Rodda, Steven H
Hearing Date: 2019.1.3
Excerpt: ...eting, and corporate officer, Felicia Joubert (“Joubert”) secretly established co‐defendant Emergent Technology Services, Inc. (“Emergent”) to compete with DSI. Joubert resigned in October 2017. After she resigned, DSI accessed her company email account and discovered that she deleted all the email in her "sent" email folder prior to her resignation. DSI alleges that pursuant to DSI Mirror Stock Plan, upon resignation Joubert wa...
2019.1.2 Demurrer 022
Location: Sacramento
Judge: Rodda, Steven H
Hearing Date: 2019.1.2
Excerpt: ...laintiff Lambert Davis (Davis) is suing Defendants for violation of the Unruh Civil Rights Act, CC §§ 51 and 52(a). Davis allegedly operates a company that produces and sells cheesecakes. He alleges that he sometimes provides individuals in professional athletics with cheesecakes in exchange for tickets to sporting events. Davis, who is African‐American, describes Krivacic as a Kings employee who currently serves as the Assistant Golden One B...
2018.9.5 Motion to Compel Further Responses 635
Location: Sacramento
Judge: Rodda, Steven H
Hearing Date: 2018.9.5
Excerpt: ...te Compensation Insurance Fund (“SCIF”). Plaintiff alleges that SCIF assigned its rights to Plaintiff. At issue on this motion are Plaintiff's responses to Defendant's special interrogatories 1‐9 and Form Interrogatory 50.1. At the outset, the Court will not deny the motion based on a failure to meet and confer. While Defendant sent a single brief letter shortly before the motion to compel deadline, at least with respect to special interrog...
2018.9.5 Motion to Compel Discovery 591
Location: Sacramento
Judge: Rodda, Steven H
Hearing Date: 2018.9.5
Excerpt: ... motion spans just a few pages, fails to include a proper notice of motion, and does not provide any evidence of any subpoena much less a basis upon which to evaluate the subpoena. Further, the motion contains no proof of service and was dated August 28, 2018, just 5 court days prior to the hearing. Nevertheless, Defendants filed a response to the motion which did not object to the service defect and indicated that they were withdrawing the subpo...
2018.9.5 Demurrer 961
Location: Sacramento
Judge: Rodda, Steven H
Hearing Date: 2018.9.5
Excerpt: ...ance is required on September 5, 2018. Plaintiff Merrick shall be available, by COURTCALL, to participate in oral argument on the continuance date. The plaintiff filed a late opposition on August 23, 2018, the original hearing date. The Court has reviewed the opposition and determines that nothing in the opposition cures the defects of the First Amended Complaint. Therefore, for the reasons stated below and in the Reply, the demurrer is sustained...
2018.9.5 Demurrer 847
Location: Sacramento
Judge: Rodda, Steven H
Hearing Date: 2018.9.5
Excerpt: ...nation in violation of public policy, IIED, NIED, and breach of contract. Plaintiff alleges that he was “lured” from his lucrative consulting practice by Assemblyman Mathis to help fix problems in his office. He alleges that this required him to prevent Mathis from misusing state resources, engaging in sexual harassment and other improper behavior. (Comp. ¶¶ 1, 18, 19.) Plaintiff alleges that he sought assistance from the Assembly Rules Com...
2018.9.4 Demurrer, Motion to Strike 555
Location: Sacramento
Judge: Rodda, Steven H
Hearing Date: 2018.9.4
Excerpt: ...er 3, 2016, to March 31, 2018, and that during that time, Defendants withheld care and services, resulting in injuries and Plaintiff's ultimate death. Plaintiff's complaint alleges causes of action for elder abuse and negligent hiring/supervision. Mr. Murch is the CEO of Eskaton, Ms. Donovan is the Secretary of Eskaton, and Mr. Pace is the CFO of Eskaton. (Complaint ¶¶ 4‐6.) Defendants demur only to the first cause of action for elder abuse o...
2018.9.4 Demurrer 925
Location: Sacramento
Judge: Rodda, Steven H
Hearing Date: 2018.9.4
Excerpt: ...predecessor law firm (Radoslovich Parker Turner). Defendant has demurred to the second cause of action for elder abuse on the grounds that it fails to state facts sufficient to constitute a cause of action (Code Civ. Proc. § 430.10(e)) and is uncertain (Code Civ. Proc. § 430.10(f)). Legal Standard The rules applicable to demurrers require that pleadings are to be liberally construed. (CCP § 452.) A demurrer admits the truth of all material fac...
2018.9.4 Demurrer 865
Location: Sacramento
Judge: Rodda, Steven H
Hearing Date: 2018.9.4
Excerpt: ...ollows. This matter was continued from August 21, 2018, to today's date to permit Defendants to file a reply to Plaintiff's late‐filed opposition, which was filed only two days prior to the hearing. Defendants have not filed any reply. Defendants' request for judicial notice is granted. (See Poseidon Devel., Inc. v. Woodland Lane Estates, LLC (2007) 152 Cal.App.4th 1106, 1117‐18; see also Stratford Irrig. Dist. v. Empire Water Co. (1941) ...
2018.8.31 Motion to Set Aside Default, Judgment 701
Location: Sacramento
Judge: Rodda, Steven H
Hearing Date: 2018.8.31
Excerpt: ...uly 24, 2018 when her joint bank account with her spouse was levied by the plaintiff. She contends that she was never served with the Summons and Complaint. (Declaration of Rowena D. Kumar) Defendant was purportedly served by substituted service at her address, 200 Moon Cir. Unit 221, Folsom, CA, on October 2, 2016. She states that the description of the person served does not match anyone who lived in their house. The description of the person a...
2018.8.31 Demurrer 971
Location: Sacramento
Judge: Rodda, Steven H
Hearing Date: 2018.8.31
Excerpt: ...t examinations of Plaintiff. The parties agreed that Plaintiff would submit to two psychiatric exams and one physical exam. At issue here is the psychiatric exam by Dr. Jason Roof. Plaintiff agreed to appear on July 26, 2018 for the exam. The parties further stipulated that “[b]ecause the doctors are setting aside time for the examination and testing, they will lose valuable time that can be scheduled for others in the event Plaintiff does not ...
2018.8.31 Demurrer 223
Location: Sacramento
Judge: Rodda, Steven H
Hearing Date: 2018.8.31
Excerpt: ...ted. Plaintiff has filed a non‐opposition to the demurrer, and she has requested leave to amend. As this is the first challenge to the pleadings, leave to amend is granted. Plaintiff alleges causes of action for Breach of Contract, Negligence, and Intentional Tort. Plaintiff contends that defendants failed to authorize and cover certain brand name medications prescribed by her physician, as required by the Medi‐Cal health plan agreement. Plai...
2018.8.6 Demurrer 685
Location: Sacramento
Judge: Rodda, Steven H
Hearing Date: 2018.8.6
Excerpt: ...nt against Cross‐Complainants for breach of equipment finance agreement and breach of guaranty in connection with the sale of a 2005 Peterbilt truck to Maynard Frantz, LLC (“Frantz LLC”). Ascentium and Frantz, LLC allegedly entered into an Equipment Finance Agreement (“EFA”) which Maynard Frantz allegedly personally guaranteed. Cross‐Complainants then filed a crosscomplaint alleging causes of action for breach of contract, common coun...
2018.8.6 Motion to Compel Responses, to Deem Matters Admitted, Compel Production 917
Location: Sacramento
Judge: Rodda, Steven H
Hearing Date: 2018.8.6
Excerpt: ...Unsworn responses are tantamount to no responses at all.” (Appleton v. Superior Court (1988) 206 Cal.App.3d 632, 635‐636.) Defendant seeks an order compelling verified responses. Plaintiff's opposition indicates that his counsel had been attempting to obtain the verifications from Plaintiff who has been incarcerated and cannot read. Plaintiff indicates that the motion was filed during a time when Plaintiff's counsel had indicated he was unava...
2018.8.6 Motion for Preliminary Approval of Class Action Settlement 835
Location: Sacramento
Judge: Rodda, Steven H
Hearing Date: 2018.8.6
Excerpt: ...nk (1990) 220 Cal. App. 3rd 1117, 1138.) Newberg on Class Actions (4th Ed.), the most authoritative treatise on class actions, discusses the process for approving the settlement of a class action. At § 11.24, “Procedure for Submitting Class Settlement for Approval,” Newberg describes the review at the preliminary stage as the submission by the parties of the essential terms of the agreement for informal review of the settlement papers by the...
2018.8.6 Motion to Quash Service of Summons 085
Location: Sacramento
Judge: Rodda, Steven H
Hearing Date: 2018.8.6
Excerpt: ...(d) and the records provide background regarding this lawsuit. This case arises from a motor vehicle accident involving self‐ represented Plaintiff Anna Tagintseva and Defendant Nataliya Basarab. Ms. Basarab was driving Defendant Pughsley's vehicle at the time. Plaintiff initially filed the action in this Court's small claims division but then dismissed the matter without prejudice. As seen from the complaint, she then filed the action in Yolo ...
2018.8.6 Motion to Vacate Temporary Order 009
Location: Sacramento
Judge: Rodda, Steven H
Hearing Date: 2018.8.6
Excerpt: ...otion for preliminary injunction on March 17, 2015 restraining Defendants from transferring title to the vehicles pending trial. Since that time, however, the Court has granted both Defendants' motions for terminating sanctions against Plaintiff. (ROA 199, 200.) Further, Defendant Yevgeniy Perehon's motion that requests for admission be deemed admitted against Plaintiff was granted on September 27, 2017 pursuant to which Plaintiff was deemed to a...
2018.8.6 Motion for Terminating Sanctions 674
Location: Sacramento
Judge: Rodda, Steven H
Hearing Date: 2018.8.6
Excerpt: ...late‐ served opposition. The County's request for an order compelling Guthrey to resume her oral deposition and for a monetary sanction against her and her counsel is GRANTED. The County has been seeking the documents at issue since September 2017. It was forced to move for initial responses and then for further responses. Guthrey still did not produce the subject documents and instead indicated there were none to produce. The County sought the...
2018.8.3 Motion for Summary Adjudication 315
Location: Sacramento
Judge: Rodda, Steven H
Hearing Date: 2018.8.3
Excerpt: ...nc.'s request for judicial notice of the Cross‐Complaint is granted. Factual and Procedural Background This action arises out of the death of Chris Yuan (the “Decedent”) after an exterior staircase collapsed on July 3, 2015, at the Legends of Willow Creek, a multi‐building apartment complex in Folsom, California (the "Apartment Complex" and/or the "Property"). Plaintiffs comprise the Decedent's parents, who are pursuin...
2018.8.3 Demurrer 087
Location: Sacramento
Judge: Rodda, Steven H
Hearing Date: 2018.8.3
Excerpt: ...e of action, and the original complaint ceases to have any effect either as a pleading or as a basis for judgment. Because there is but one complaint in a civil action, the filing of an amended complaint moots a motion directed to a prior complaint. Once an amended complaint is filed, it is error to determine a cause of action contained in a previous complaint. (State Compensation Ins. Fund v. Superior Court, (2010) 184 Cal.App.4th 1124, 1129‐1...
2018.8.3 Demurrer 451
Location: Sacramento
Judge: Rodda, Steven H
Hearing Date: 2018.8.3
Excerpt: ...une 21, 2017, he transported an elderly female patient to the medical clinic of Dr. Ghoshal. (TAC, para. 5.) Plaintiff filled out the intake forms provided to the patient, on the patient's behalf, and presented Dr. Ghoshal's receptionist with the patient's MediCal card. Plaintiff did not have the patient's Health Management Organization ("HMO") card with him at that time. (TAC, para. 6‐7.) Plaintiff alleged the receptionist ...
2018.8.3 Motion for Attorney Fees 989
Location: Sacramento
Judge: Rodda, Steven H
Hearing Date: 2018.8.3
Excerpt: ...tablished by a preponderance of the evidence his claim to the real property by way of adverse possession. Specifically, Vaidm did not provide admissible evidence that he had color of title, that his possession was open and notorious, or that it was adverse and hostile to the true owner. The Court also held Vadim's claim to the real property based on the alleged oral contract between himself and his father (Vasiliy) is unenforceable against Elena ...
2018.8.3 Motion for Summary Judgment, Adjudication 553
Location: Sacramento
Judge: Rodda, Steven H
Hearing Date: 2018.8.3
Excerpt: ... they concern evidence deemed immaterial to decision on the motion. (Code Civ. Proc., § 437c, subd. (q).) This is an action for medical negligence and lack of informed consent. Plaintiff Kimberlie Popovich (“Plaintiff”) filed her form Complaint on December 29, 2016, against Regents of the University of California and individual defendants Ethan Ehrlich, Herman DeVera, M.D., and Danny Cheng, M.D. On May 30, 2016, Plaintiff dismissed this acti...
2018.8.3 Motion for Terminating Sanctions 359
Location: Sacramento
Judge: Rodda, Steven H
Hearing Date: 2018.8.3
Excerpt: ...The Court notes Defendant, as a self‐represented party, is to be treated like any other party and is entitled to the same, but no greater consideration than other litigants and attorneys. (Williams v. Pacific Mutual Life Ins. Co. (1986) 186 Cal. App. 3d 941, 944.) Defendant has failed to obey this Court's December 7, 2017, Orders compelling him to serve verified responses, without objections, to Plaintiff's first set of form interrogatories, sp...
2018.8.3 Motion to Compel Arbitration, for Stay of Action 849
Location: Sacramento
Judge: Rodda, Steven H
Hearing Date: 2018.8.3
Excerpt: ...of a self‐storage unit at Defendant's storage facility. Plaintiff alleges Defendant is liable for negligence and breach of contract in connection with the theft of personal property from his unit. Plaintiff filed his complaint on April 13, 2018, alleging damages in excess of $25,000. Defendant now moves to compel arbitration pursuant to the terms of the parties' Rental Agreement and stay this action pending arbitration. “Under both federal an...
2018.8.3 Motion to Dismiss for Delay in Service of Summons 208
Location: Sacramento
Judge: Rodda, Steven H
Hearing Date: 2018.8.3
Excerpt: ...orrect address for Dept. 53/54. If moving counsel is unable to contact opposing counsel prior to hearing, moving counsel is ordered to appear at the hearing in person or by telephone. Defendant moves for dismissal on the ground that plaintiff has not served moving defendant with the summons and complaint for over three years, with the original complaint being filed on 8/25/2014. The Court notes that plaintiff filed no opposition, which is constru...
2018.8.3 Motion to File Complaint Amended 293
Location: Sacramento
Judge: Rodda, Steven H
Hearing Date: 2018.8.3
Excerpt: ... hotel located at 1209 L Street in Sacramento. On August 6, 2014, plaintiffs got stuck in the hotel's elevator. On June 21, 2016, plaintiffs filed their complaint against Hyatt alleging negligence against Hyatt and negligence‐manufacturing, design, and/or warning defect and negligent manufacturing, design, inspection, testing, instructing, repair, and/or warning against Otis. Otis performed elevator inspection, service, maintenance, and repair ...
2018.8.2 Motion to Strike 509
Location: Sacramento
Judge: Rodda, Steven H
Hearing Date: 2018.8.2
Excerpt: ...rved. Defendant's Reply states that plaintiff served a notice of an new address after this motion was served, stating that his new address was effective before the date of service of the motion. The Reply was mailed to the new address. No Change of Address form was filed with the court. Plaintiff has sued defendants for defamation arising out of an article published in the Sacramento Bee. Defendants contend that plaintiff's Complaint is s...
2018.8.2 Motion to Set Aside Default, Demurrer 947
Location: Sacramento
Judge: Rodda, Steven H
Hearing Date: 2018.8.2
Excerpt: ... A demurrer cannot be filed when a default has been entered. Therefore the demurrer is dropped from calendar. Entry of defendant's default instantaneously cuts off the right to appear in the action. Entry of default deprives the court of jurisdiction to consider any motion other than a motion for relief from default. W.A. Rose Co. v Mun. Ct. (1959) 176 Cal.App.2d 67, 71. The defendant is “out of court.” It has no right to participate in the p...
2018.8.2 Motion to Quash Service of Summons 951
Location: Sacramento
Judge: Rodda, Steven H
Hearing Date: 2018.8.2
Excerpt: ... 2018. Defendant Jason Kim had previously attempted to file an Answer to the Complaint before he was actually named as a defendant, and his Answer was rejected from filing on January 3, 2018 because he was not named as a defendant. Kim later appeared in these proceedings in February of 2018, through counsel, as an "interested party," when he opposed an application for writ of attachment that was filed against him. The application for writ...
2018.8.2 Motion to Compel Deposition 834
Location: Sacramento
Judge: Rodda, Steven H
Hearing Date: 2018.8.2
Excerpt: ...a New Hampshire entity with no offices or employees in California. (See Adams Decl., ¶ 3.) Defendant served DCC with a PMK deposition notice. The notice contemplates a deposition in Sacramento County. DCC served objections and indicated it was not required to send its agents across the country for deposition. DCC stipulated to a videotaped deposition of a witness in New Hampshire. Defendant now moves to compel DCC to send its PMK to Sacramento. ...
2018.8.2 Motion for Terminating Sanctions 333
Location: Sacramento
Judge: Rodda, Steven H
Hearing Date: 2018.8.2
Excerpt: ...endant. Defendant failed to serve responses to the requests for production and the interrogatories. Plaintiff seeks a remedy of striking the Answer and entering defendant's default judgment. A trial court must be cautious when imposing a terminating sanction because the sanction eliminates a party's fundamental right to a trial, thus implicating due process rights. The trial court should select a sanction that is tailored to the harm caus...
2018.8.2 Motion for Protective Order 678
Location: Sacramento
Judge: Rodda, Steven H
Hearing Date: 2018.8.2
Excerpt: ...al injury case. Bernard alleges that when he was a minor attending Defendant Jesuit High School (School), a fellow student attacked him and caused injuries including brain injury. Bernard alleges one of the School's teachers shares responsibility for his injuries. Although former Dean of Students Timothy Warren (Warren) was a named defendant, he was dismissed from the lawsuit without prejudice. Warren remains a percipient witness. The current mot...
2018.8.2 Demurrer 613
Location: Sacramento
Judge: Rodda, Steven H
Hearing Date: 2018.8.2
Excerpt: ...g out of his employment and subsequent termination as the River Cats' manager of the visitor clubhouse during the 2014 and 2015 baseball seasons. Plaintiff alleges that defendants knew of the harassing actions of third parties employed by a visiting team, including the Reno Aces' athletic trainer, Joe Metz. Metz allegedly treated plaintiff in a demeaning manner and had told him: "You're nothing but a low life clubby nigger" du...
2018.8.2 Demurrer 604
Location: Sacramento
Judge: Rodda, Steven H
Hearing Date: 2018.8.2
Excerpt: ...t. This case presents a business dispute involving co‐ownership of real property. In the complaint, Nadeem seeks partition and “dissolution of partnership.” Exhibits to the complaint are incorporated by reference into the cross‐complaint. The Defendants and Cross‐Complaints are Markus Pegany (Markus) and Lati Pegany (Lati) (collectively “Cross‐Complainants”). They allege that in April 2017, Nadeem engaged Lati as a real estate age...
2018.7.30 Demurrer, Motion to Strike 506
Location: Sacramento
Judge: Rodda, Steven H
Hearing Date: 2018.7.30
Excerpt: ...ion matters. *** Defendant Nga Gomez‐Chan's demurrer to Plaintiff California Department of Educations' second amended complaint (“SAC”) is ruled upon as follows. Overview This is an action by Plaintiff to recover roughly $3 Million in public funds which were advanced to various defendants, consisting of private entities and their principal owners/officers, to pay for defendants' provision of subsidized services for child development pro...
2018.7.30 Motion to Quash Subpoena 020
Location: Sacramento
Judge: Rodda, Steven H
Hearing Date: 2018.7.30
Excerpt: ...h early 2011, when he met Plaintiff and allegedly urged her to quit her salaried job to become co‐owner/co‐manager of the Mr. Motorhome business in Elk Grove. Plaintiff states she relied on Lundgren's representations and in late 2012 began working at the Mr. Motorhome business for 50‐60 hours per week without receiving any compensation prior to November 2016. The complaint asserts that in 2015, money from the Mr. Motorhome business was used...
2018.7.30 Motion to Compel Production 428
Location: Sacramento
Judge: Rodda, Steven H
Hearing Date: 2018.7.30
Excerpt: ...rose and resulted in BBC recording a mechanics lien in the amount of $483,405. VTL filed an action for declaratory relief, breach of contract and fraud. VTL also filed a motion to remove BBC's lien. In its motion, VTL contended that BBC's lien was invalid since it not only vastly overstated the amount BBC actually claims is owed but is also exceeded by the amounts which BBC now owes VTL. VTL insisted that BBC "fraudulently obtained co...
2018.7.27 Motion for Summary Judgment, Adjudication 836
Location: Sacramento
Judge: Rodda, Steven H
Hearing Date: 2018.7.27
Excerpt: ... Ben Magur (Magur) (collectively “Plaintiffs”). According to Plaintiffs, Rebossio suffered scarring and other injuries to her face and back when she received laser treatment. Plaintiffs allege that Defendants “negligently treated, cared for, diagnosed, obtained informed consent, failed to obtain informed consent, prescribed and or failed to prescribe and/or monitor proper medication and/or treatment, advised, examined, made and/or failed to...
2018.7.26 Motion to Strike Answer 546
Location: Sacramento
Judge: Rodda, Steven H
Hearing Date: 2018.7.26
Excerpt: ...y with CRC Rule 3.1110(b)(3)‐(4). The court notes that defendant filed no opposition to the present motion but her counsel filed a declaration which requests additional time to contact his client before granting this motion. However, as defendant was previously ordered to comply with the discovery requests no later than 1/12/2018, the court finds that defendant has already had enough time to comply and that her failure to do so warrants the imp...
2018.7.26 Demurrer, Motion to Strike 960
Location: Sacramento
Judge: Rodda, Steven H
Hearing Date: 2018.7.26
Excerpt: ... 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 person or by telephone. Factual Background This action arises out of a 2015 real estate transaction whereby Ms. Schmauderer contracted with Bebermeyer Asset Management Inc. (“BAM”) to sell her home to BAM for $500,000, with escrow being esta...
2018.7.26 Demurrer 486
Location: Sacramento
Judge: Rodda, Steven H
Hearing Date: 2018.7.26
Excerpt: ...quested in an attempt to obtain leave to amend, plaintiff shall be prepared to specifically discuss the new or different facts which may now be alleged in good faith to overcome the deficiencies noted below. *** Defendant Ocwen Loan Servicing, LLC (“OLS”), et al.'s (collectively “Defendants”) demurrer to plaintiff in pro per's complaint is SUSTAINED without leave to amend, as follows. The notice of demurrer does not provide notice of the ...
2018.7.25 Motion to Quash Deposition Subpoena 566
Location: Sacramento
Judge: Rodda, Steven H
Hearing Date: 2018.7.25
Excerpt: ... that she began her employment with Defendant SNYIR, Inc. dba Two Men and a Truck Sacramento, in December 2015. In April 2016, she was admitted to the hospital due to health complications related to her pregnancy and her daughter was born three months premature. She alleges that Defendant would not allow her to return to fulltime work after she returned from maternity leave. In July 2016, Plaintiff resigned because she could not afford a baby‐s...
2018.7.25 Motion to Compel Responses, Requests for Admission 526
Location: Sacramento
Judge: Rodda, Steven H
Hearing Date: 2018.7.25
Excerpt: ...f dangerous condition of public property. Plaintiff allegedly was injured while crossing in an unmarked City crosswalk. Plaintiff's responses were untimely. Thus, her objections have been waived. Form Interrogatory 8.8: GRANTED This form interrogatory concerns Plaintiff's loss of future income. It seeks the facts upon which Plaintiff bases her loss of future income, an estimate of the amount, an estimate of how long she will be unable to ...
2018.7.25 Motion to Compel Requests for Admission 526
Location: Sacramento
Judge: Rodda, Steven H
Hearing Date: 2018.7.25
Excerpt: ...pursue on a theory of dangerous condition of public property. Plaintiff allegedly was injured while crossing in an unmarked City crosswalk. Plaintiff's responses were untimely. Thus, her objections have been waived. Defendant moves to compel Plaintiff's further responses to RFA nos. 23, 24, 25, 27, 28, 29, 30, 33, 35, 36 and 37. RFA 23, 24, 25, 27, 28, 29, 30, 33 ‐ GRANTED These RFAs seek Plaintiff's admission regarding the authenti...
2018.7.25 Motion for Terminating Sanctions 692
Location: Sacramento
Judge: Rodda, Steven H
Hearing Date: 2018.7.25
Excerpt: ...because the sanction eliminates a party's fundamental right to a trial, thus implicating due process rights. The trial court should select a sanction that is tailored to the harm caused by the withheld discovery. Sanctions should be appropriate to the dereliction, and should not exceed that which is required to protect the interests of the party entitled to but denied discovery. (Lopez v. Watchtower Bible & Tract Society of New York, Inc. (20...
2018.7.25 Motion for Summary Judgment, Adjudication 058
Location: Sacramento
Judge: Rodda, Steven H
Hearing Date: 2018.7.25
Excerpt: ...f 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. *** Defendant Cordova Recreation and Park District's (“District”) motion for summary judgment, or in the alternative, summary adjudication is ruled upon as follows. This case arises from allegations of discrimination and retaliation under the FEHA and...
2018.7.25 Motion for Protective Order 194
Location: Sacramento
Judge: Rodda, Steven H
Hearing Date: 2018.7.25
Excerpt: ...ntiff pleads causes of action under the FEHA and the CFRA. He alleges among other things that the County discriminated against him because he is African‐American and he was disciplined for taking medical leave to care for his wife while non‐African‐American employees were not similarly disciplined. Plaintiff further asserts the County failed to correct its employees' illegal practices after he complained and the reasons offered for the ...
2018.7.24 Demurrer, Motion to Strike 422
Location: Sacramento
Judge: Rodda, Steven H
Hearing Date: 2018.7.24
Excerpt: ...ounsel shall file all requests for judicial notice as separate documents pursuant to CRC 3.1113(l).) Plaintiff Sohrab Mansourian's (Mansourian) third amended complaint (TAC) filed without leave of court on 6/19/18 is STRICKEN. This is a dispute between attorney and client. Mansourian was the client. The SAC contains causes of action against one or both Defendants for breach of contract and negligence. Mansourian alleges Defendants misadvised him ...
2018.7.24 Motion to Tax Costs 476
Location: Sacramento
Judge: Rodda, Steven H
Hearing Date: 2018.7.24
Excerpt: ...before the Labor Commissioner, this court entered a judgment in the amount of $50,578.61. On 6/04/18, Taylor filed a memorandum of costs, and WellSpace filed this timely motion to tax. (See Lab. Code § 98.2(k) [“The judgment creditor […in an action on a complaint with the Labor Commissioner], is entitled to court costs and reasonable attorney's fees for enforcing the judgment that is rendered pursuant to this section”].) In ruling upon a m...
2018.7.24 Motion for Protective Order 330
Location: Sacramento
Judge: Rodda, Steven H
Hearing Date: 2018.7.24
Excerpt: ...and 67 requests for admissions. Madden argues the discovery is excessive, duplicative, beyond the scope of discovery and unduly burdensome. The motion is supported by the Ritchey Declaration, in which counsel purports to authenticate several exhibits. The exhibits, however, are not attached. Madden's failure to file exhibits that it contends substantiate the motion is grounds for a denial. But even if Madden had filed a complete version of the mo...
2018.7.23 Motion to Compel Deposition 194
Location: Sacramento
Judge: Rodda, Steven H
Hearing Date: 2018.7.23
Excerpt: ...orney against whom the sanction is sought, and specify the type of sanction sought.” Defendant Garzon has filed a statement of non‐opposition to this motion to compel his deposition, although he contends plaintiff's request for sanctions should be denied for various reasons. In light of the foregoing, plaintiff's motion to compel this deposition is granted. The parties shall meet‐and‐confer to find a mutually agreeable date, time and loca...
2018.7.23 Motion for Summary Judgment, Adjudication 625
Location: Sacramento
Judge: Rodda, Steven H
Hearing Date: 2018.7.23
Excerpt: ...but defendant never made any payments on these bills which were subsequently assigned by SCIF to plaintiff for collection. Plaintiff now moves for summary judgment/adjudication on its two causes of action on the grounds that plaintiff has established each element of its causes of action and defendant has no defense. The Court finds that plaintiff has satisfied its initial burden under Code of Civil Procedure §437c(p)(1), which thereby shifts the...
2018.7.23 Motion for Determination of Good Faith Settlement, to Dismiss 032
Location: Sacramento
Judge: Rodda, Steven H
Hearing Date: 2018.7.23
Excerpt: ...hat its settlement with Plaintiff Elk Grove Milling Inc. (Elk Grove) is in good faith. The settlement requires Airco to pay Elk Grove $67,500. It also requires Airco to cooperate with Elk Grove in the remaining litigation by (1) producing witnesses at deposition and/or trial without a subpoena, (2) providing nonprivileged information and documents not previously provided, and (3) producing employees at a meeting with Elk Grove's counsel, not to e...
2018.7.23 Demurrer 274
Location: Sacramento
Judge: Rodda, Steven H
Hearing Date: 2018.7.23
Excerpt: ...urrer of defendants The Regents of the University of California (“Regents”), Tony Lai, M.D. (“Dr. Lai”), Alla Blinder, D.O. (“Dr. Blinder”) and Paul Kreis, M.D. (“Dr. Kreis”) (collectively “Defendants”) to the Second Amended Complaint (“2AC”) is OVERRULED in part and SUSTAINED in part, without leave to amend, as follows. *** If oral argument is requested in an attempt to obtain leave to amend, plaintiff shall be prepared t...
2018.7.20 Demurrer, Motion to Strike 540
Location: Sacramento
Judge: Rodda, Steven H
Hearing Date: 2018.7.20
Excerpt: ... in Welfare & Institutions Code §15610.57)" (TAC, ¶64.) These phrases are included in the wrongful death cause of action. According to Regents, Plaintiff is improperly attempting to base her wrongful death cause of action on the elder abuse statute, when both are separate and distinct causes of action. Regent insists that Plaintiff is "redefin[ing]" the term "neglect" from its common understanding to the statutory Elder Abus...
2018.7.19 Motion for Summary Judgment, Adjudication, to Compel Production 058
Location: Sacramento
Judge: Rodda, Steven H
Hearing Date: 2018.7.19
Excerpt: ...dication of issues is GRANTED in part and DENIED in part. The court disregards written objections to evidence submitted solely in a separate statement. On summary judgment, a party wishing to object in writing must do so in a stand‐alone document and in the format prescribed in CRC 3.1354(b). The court likewise disregards evidence submitted with the reply, to which Plaintiff Juvoni Sterling (Sterling) has had no opportunity to respond. (See Naz...
2018.7.19 Demurrer 264
Location: Sacramento
Judge: Rodda, Steven H
Hearing Date: 2018.7.19
Excerpt: ...Defendant Greenspoon Marder LLP's (GM) demurrer to the first amended complaint (FAC) is OVERRULED. Overview This is a nonjudicial foreclosure case. The plaintiffs are Rhonda James and Andre Monroe (collectively “Plaintiffs”.) Plaintiffs allege that GM, without having been substituted as trustee under the deed of trust, acted as the foreclosing trustee and caused their home to be sold at auction in February 2018. Plaintiffs allege that they su...
2018.7.18 Motion for Summary Adjudication 454
Location: Sacramento
Judge: Rodda, Steven H
Hearing Date: 2018.7.18
Excerpt: ... Centex Homes and Centex Real Estate Corporation (collectively, “Centex”). Centex opposes. Travelers' Motion for Summary Adjudication of the Second Cause of Action for Breach of Contract is DENIED. Request for Judicial Notice Travelers' Request for Judicial Notice (“Traveler's RJN”), which attaches court orders in other cases (Exhs. 1‐4) and a pleading filed in this action (Exh. 5), and Travelers' Supplemental RJN (“Supp'l RJN”), wh...
2018.7.17 Motion to Tax Costs 106
Location: Sacramento
Judge: Rodda, Steven H
Hearing Date: 2018.7.17
Excerpt: ...provide sufficient notice of the motion. The motion was untimely by 2 calendar days. The City, however, has substantively opposed the motion. Therefore, any defect in notice has been waived. Legal Standard On a motion to tax costs the burden of proof shifts between the parties. If the items in the cost bill appear to be proper and reasonable, the burden is on the party seeking to tax costs to show they were not reasonable or necessary. (Ladas v. ...
2018.7.17 Motion to Stay Action 538
Location: Sacramento
Judge: Rodda, Steven H
Hearing Date: 2018.7.17
Excerpt: ...made an offer to repair. Declaration of P. Elizabeth Arias (“Arias Decl.”), Ex. 6.) Defendant agreed to request from the manufacturer/installer to increase the size of the weep holes in certain windows to accommodate a larger volume of water draining out of the window channel. (Id .) Defendant's offer stated that “Ms. Dosty will need to acknowledge that the larger weep may, in the event of a storm/wind event, permit wind driven water back t...

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