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5550 Results

Location: Sacramento x
2022.10.06 Petition to Confirm Arbitration Award 525
Location: Sacramento
Judge: Sueyoshi, Richard K
Hearing Date: 2022.10.06
Excerpt: ...reply and finding no petition from respondent to vacate and/or correct, the Court now issues the following tentative ruling. Petitioner Swift Financial LLC's petition to confirm contractual arbitration award is ruled upon as follows. Although the notice of hearing provided notice of the Court's tentative ruling system as required by Local Rule 1.06(D), the notice does not comply with that rule in that it refers Local Rule 2.47 [pertaining to the ...
2022.10.06 Motion for Summary Judgment, Adjudication 447
Location: Sacramento
Judge: Sueyoshi, Richard K
Hearing Date: 2022.10.06
Excerpt: ...judication. (Compare Code Civ. Proc. (“CCP”) § 437c, subd. (a)(1) with subd. (f)(1).) Judicial Notice Plaintiffs Carrie Ann Whitlow and Terry Whitlow's (“Plaintiffs”) request that the Court take judicial notice of the Court's June 11, 2019 Order denying Kia's demurrer to Plaintiffs' Complaint is granted. The remainder of Plaintiffs' request for judicial notice is denied as irrelevant. Evidentiary Objections The Court declines to rule on ...
2022.10.06 Motion to Quash Deposition Subpoena 763
Location: Sacramento
Judge: Sueyoshi, Richard K
Hearing Date: 2022.10.06
Excerpt: ...rd and remains viewable by the public. The same is true for the various account numbers found in the attachments to the Fernandez Declaration in opposition. Both counsel are reminded that such personal, private information should pursuant to CRC Rule 1.201 be redacted prior to filing with the Court. Factual Background Plaintiff is the sole surviving child of Curtis Mackey (the “Decedent”). Defendant is the Trustee of the Curtis Mackey, Jr. Tr...
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...
2022.10.06 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 Summary Adjudication 758
Location: Sacramento
Judge: Sueyoshi, Richard K
Hearing Date: 2022.10.06
Excerpt: ... 8 ½" x 11" sheet with hard paper or plastic tabs extending below the bottom of the page bearing the exhibit designation. Plaintiff Erika Paleny's (“Plaintiff”) request for judicial notice is granted. The Court does not rule on Defendants' evidentiary objections filed in support of the reply since they concern evidence deemed immaterial to decision on the motion. (Code Civ. Proc., § 437c, subd. (q).) Factual and Procedural Background This a...
2022.10.06 Demurrer 123
Location: Sacramento
Judge: Sueyoshi, Richard K
Hearing Date: 2022.10.06
Excerpt: ...el 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, along with the correct 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 by Zoom or by telephone. Moving counsel failed to comply with CRC Rule 3.1110(b)(3)‐(4). Plaintiff's opposition wa...
2022.10.06 Motion to Compel Arbitration and Stay Judicial Proceedings 531
Location: Sacramento
Judge: Sueyoshi, Richard K
Hearing Date: 2022.10.06
Excerpt: ... 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 by telephone. Factual Background This action arises out of plaintiff's prior employment by Spyglass, which oper...
2022.10.06 Motion to Contest Application for Good Faith Settlement 841
Location: Sacramento
Judge: Sueyoshi, Richard K
Hearing Date: 2022.10.06
Excerpt: ...of Good Faith Settlement Between Plaintiffs and Lethesia Guzman and the Estate of David Miranda is DENIED. Having denied the two motions, the Court GRANTS Defendants Lethesia Guzman and the Estate of David Miranda's Application for Determination of Good Faith Settlement. FACTUAL BACKGROUND For purposes of the Court's consideration of this motion, the Court provides the following background. This case involves multiple accidents that occurred in t...
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 to Enforce Settlement 757
Location: Sacramento
Judge: Sueyoshi, Richard K
Hearing Date: 2022.10.06
Excerpt: ... global settlement following mediation in May 2022 and although plaintiff's attorney filed with the Court on 5/19/2022 a “Notice of Settlement” (which resulted in the 7/12/2022 trial date being vacated), plaintiff subsequently “rescinded her acceptance” of the earlier settlement offer and now refuses to execute a formal “Settlement Agreement and Release.” The Court granted on 9/8/2022 plaintiff's attorney's motion to withdraw. CPS now...
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 Compel Further Responses 333
Location: Sacramento
Judge: Sueyoshi, Richard K
Hearing Date: 2022.10.06
Excerpt: ...ospital despite being “medically and legally eligible to be discharged. The complaint describes defendant Smedley as a “patient care advocate” who has “unreasonably and unlawfully advised” defendant Brennan “to ignore and refuse all safe discharge options offered…by Plaintiff.” In the moving papers, plaintiff argues that while defendant Smedley provided some factual information in his initial response to Form Interrogatory No. 15....
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 395
Location: Sacramento
Judge: Sueyoshi, Richard K
Hearing Date: 2022.10.05
Excerpt: ...hether the complaint is well‐pled. In this action, Plaintiff alleges causes of action against Defendant for conversion, violation of Business & Professions Code § 17200, fraudulent misrepresentation and intentional interference with contract. Plaintiff alleges that it specializes in recovering and supplying refrigerants. (Comp. ¶ 11.) Plaintiff alleges it utilizes a unique piece of equipment called “El Machino” which it constructs through...
2022.10.05 Demurrer 455
Location: Sacramento
Judge: Sueyoshi, Richard K
Hearing Date: 2022.10.05
Excerpt: ... Wigle's vehicle and Plaintiff. The first cause of action for declaratory relief is asserted against the insurance company defendants and seeks a declaration regarding the parties' rights under the subject insurance policies. Plaintiff appears to allege that the insurance company defendants have engaged in bad faith as it related to Wigle. Wigle demurs to the first cause of action on the basis Plaintiff has misjoined the insurance company defenda...
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 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...
2022.10.05 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 041
Location: Sacramento
Judge: Sueyoshi, Richard K
Hearing Date: 2022.10.05
Excerpt: ...n the Anatolia housing development which is subject to Defendant's conditions, covenants and restrictions (CC&Rs). Plaintiff alleges Defendant issued a Notice of Intent to Record Assessment Lien on January 30, 2020, claiming there were delinquent assessments, late fees, collection fees and a current assessment. Plaintiff alleges Defendant's lien was incorrect and that she had timely paid all assessments and that Defendant failed to credit her pay...
2022.10.05 Motion to Strike 113
Location: Sacramento
Judge: Sueyoshi, Richard K
Hearing Date: 2022.10.05
Excerpt: ...laint against ADC alleging various causes of action arising out of her employment with ADC as a dental hygienist. She alleges various wage and hour claims under the Labor Code in addition to causes of action under FEHA. ADC thereafter filed a cross‐complaint against David Miller, Plaintiff's father. ADC alleges that its causes of action arise out of the same transaction, occurrence or series of transactions or occurrences as Plaintiff's claims....
2022.10.05 Motion to Strike, Demurrer 661
Location: Sacramento
Judge: Sueyoshi, Richard K
Hearing Date: 2022.10.05
Excerpt: ... A motion to strike is appropriate to strike out any irrelevant, false or improper matter asserted in any pleading and the Court may strike out all or any party of any pleading not drawn or filed in conformity with the law. (See Code Civ. Pro. § 436 (a)‐(c).) A motion to strike challenges portions of a cause of action that are substantively defective on the face of the complaint. (PH II, Inc. v. Superior Court (1995) 33 Cal.App.4th 1680, 1682...
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...
2022.10.04 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 to Compel Discovery Responses 839
Location: Sacramento
Judge: Sueyoshi, Richard K
Hearing Date: 2022.10.04
Excerpt: ...n was necessary. The Court finds the bulk of the issues should have been resolved during the meet and confer process and the failure of the parties to do so is suggestive that neither party made a reasonable effort to resolve this dispute. The parties are admonished that if there are similar circumstances in the future, the Court may direct the parties to meet and confer further before hearing a discovery motion. In this particular instance, the ...

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