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5948 Results

Location: Sacramento x
2023.03.13 Demurrer 432
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2023.03.13
Excerpt: ...insurance bad faith action, which arises out of an underlying auto versus pedestrian accident that occurred on May 2, 2017, where Plaintiff's brother (Eric Allen Miller) was killed when he was struck by a 2013 Toyota Tacoma driven by Steven Martin. Plaintiff alleges Mr. Martin was operating the vehicle in furtherance of his vehicle hauling business. (Complaint ¶ 10.) Plaintiff further alleges that business was insured by Redwood and that Redwood...
2023.02.02 Motion to Compel Arbitration and Stay Proceedings, to Strike 608
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2023.02.02
Excerpt: ... Frontier. Defendant contends the Sales Contract with the dealer, the seller of the vehicle, contains a valid, written arbitration agreement (the "Arbitration Provision"). Defendant, the manufacturer, contends it may enforce the Arbitration Provision pursuant to the doctrine of equitable estoppel. As the California Court of Appeal held in Felisilda v. FCA US LLC (2020) 53 Cal.App.5th 486,496‐99, review denied (Nov. 24,2020), equitable estoppel ...
2023.02.02 Demurrer 686
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2023.02.02
Excerpt: ... a cause of action. Defendants Request for Judicial Notice of Plaintiff's Government Claim is granted. Background This action arises from the State's fire cleanup activities following the Camp Fire, including contracts entered into with private companies to assist with the cleanup. The 4AC alleges the State awarded fire clean‐up contracts to three prime contractors. One of the three primes, ECC Contractors LLC ("ECC"), entered into a subcontrac...
2023.02.02 Petition to Compel Arbitration and Stay of Proceedings 481
Location: Sacramento
Judge: Sueyoshi, Richard K
Hearing Date: 2023.02.02
Excerpt: ...ent concealment in connection with her purchase of a 2021 Nissan Kicks (“Vehicle”) from Nissan of Sacramento. Plaintiff alleges she received various warranties from Defendant in connection with the purchase of the Vehicle and that defects arose during the warranty period. (Comp. ¶¶ 2, 3.) Plaintiff alleges that she delivered the Vehicle to an authorized service and repair facility on numerous occasions for defects in the Vehicle, including ...
2023.02.02 Demurrer to SAC 773
Location: Sacramento
Judge: Sueyoshi, Richard K
Hearing Date: 2023.02.02
Excerpt: ...hat Defendant did not receive the opposition in time to file a reply. Defendant filed a "non‐opposition" on January 25, 2023, stating that while the docket reflected the opposition it could not view it. However, given the nature of the Court's ruling, the Court will address the matter on the merits at this time. Any reply would not have altered the analysis. The SAC is actually Plaintiff's first amendment to his original complaint. The Court wi...
2023.02.02 Motion for Leave to Take Second Deposition 414
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2023.02.02
Excerpt: ...be ejected from his seat and hit his head on a metal bar. Plaintiff asserts that he now suffers from orthopedic and neurological injuries, including a traumatic brain injury and cognitive deficits. On December 8, 2022, the Court ordered plaintiff to undergo a Mental Examination on February 20, 2023. (ROA 87) The Trial Date is set for May 8, 2023. Defendant's motion is brought pursuant to Code of Civil Procedure Section 2025.610 on the ground that...
2023.02.02 Motion for Summary Adjudication 209
Location: Sacramento
Judge: Sueyoshi, Richard K
Hearing Date: 2023.02.02
Excerpt: ...uests for judicial notice are granted. In Plaintiff RL Liquidators, LLC's second amended complaint (“SAC”), Plaintiff alleged that Landlord owns real property at 221 Richards Boulevard (“Subject Property”). Plaintiff leases the Subject Property pursuant to a commercial lease. Plaintiff alleged that Safelite leases other real property from Landlord which is adjacent to the Subject Property. Plaintiff alleged that it leased the Subject Prop...
2023.02.02 Demurrer to SAC 047
Location: Sacramento
Judge: Sueyoshi, Richard K
Hearing Date: 2023.02.02
Excerpt: ...n secured by real property of Ms. Rigor's deceased mother. Ultimately Plaintiff has filed a second amended complaint for “quiet title” in July 2022. The verified SAC, is not entirely clear and appears to assert numerous causes of action apart from quiet title. The only cause of action in which SMRCOA appears to be named is in the untitled second cause of action in which Plaintiff alleges that SMRCOA was “guilty of Title, Chapter 1 of the Un...
2023.02.02 Motion to Compel Further Discovery Responses 681
Location: Sacramento
Judge: Sueyoshi, Richard K
Hearing Date: 2023.02.02
Excerpt: ... (deceased) (“Sam”) operated the family businesses for the personal benefit of his mistress, Yimin Dai and himself. Defendant is the trustee of the Samuel B. Fong Trust and Executor of Samuel B. Fong's estate. Plaintiff is one of Sam's siblings. Given that claims against Sam were raised against his estate, Creditor's Claims were filed as required by the Probate Code in the pending probate for Sam's estate. At issue on the instant motion are P...
2023.02.02 Motion to Compel Further Responses 272
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2023.02.02
Excerpt: ...d by Defendant, and that defects allegedly became apparent during the warranty period. (Complaint ¶ 9.) Plaintiff alleges the subject vehicle had a defective battery and engine. (Id. ¶ 14.) Defendant had knowledge it would be unable to service or repair the vehicle to conform to the express warranties after a reasonable number of opportunities, yet it refused to re‐purchase the vehicle in violation of the Song‐Beverly Act. (Id. ¶ 27.) On M...
2023.02.02 Motion to Compel Further Responses 538
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2023.02.02
Excerpt: ...Plaintiffs entered into an express warranty contract with General Motors, Inc. [“Defendant”] regarding the subject vehicle. (Id., ¶¶ 9‐10.) During the warranty period, defects in the subject vehicle's battery became apparent. (Id., ¶ 14.) Plaintiffs also allege Defendant knew the vehicle was defective but it refused to offer to re‐purchase the vehicle in violation of the Song‐Beverly Act. (Id. ¶ 16.) Defendant also allegedly failed ...
2023.02.02 Motion to Compel Production of Docs 262
Location: Sacramento
Judge: Sueyoshi, Richard K
Hearing Date: 2023.02.02
Excerpt: ...action for national origin/race discrimination, gender discrimination, disability discrimination, failure to engage in the interactive process, failure to provide reasonable accommodation, retaliation and failure to prevent discrimination and retaliation. At issue on the instant motion are Defendant's responses to special interrogatories nos. 1‐22. In its responses, Defendant raised numerous objections, including that the interrogatories were v...
2023.02.02 Motion to File FAC 198
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2023.02.02
Excerpt: ...to and Grass Valley. (Complaint, ¶1.) Nivano's role is to bridge and manage the relationship between those involved in providing medical care and the patients in need of receiving it. (Ibid.) Nivano alleges that Patel and Kyle engaged in a scheme to illegally gain control of Nivano and then to illegally profit from its providers and their patients. (Id., ¶2.) There is no trial date. Nivano contends that the effect of the proposed amendment is t...
2023.02.02 Motion to Set Aside Default, Judgment 472
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2023.02.02
Excerpt: ...mber 4, 2006, and a judgment was entered against the Defendant on December 27, 2006. The Judgment was renewed on September 4, 2015 in the sum of $12,264.30. Plaintiff levied on defendant's assets in 2021. Defendant contends she did not know of the judgment until 2022. Defendant states that early in the summer of 2022 she discovered there was a lien on her property. Defendant states that this case involved a Citibank credit card that was allegedly...
2023.02.01 Demurrer 391
Location: Sacramento
Judge: Gevercer, Steven M
Hearing Date: 2023.02.01
Excerpt: ...020, Plaintiffs and Defendant entered an agreement in which Connect agreed to utilize Plaintiffs' connections in the public and private health sectors to assist Defendants in obtaining contracts for the distribution of personal protective equipment in exchange for compensation based on a sharing of revenues. (Complaint, ¶¶ 14, 18‐19.) Plaintiffs allege they performed services in reliance on that agreement. (Complaint, ¶¶ 15‐17, 20 ‐21, ...
2023.02.01 Motion for Relief from Waiver of Discovery Objections, to Compel Amended Responses 228
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2023.02.01
Excerpt: ...r counsel. Prior to the initial due date for Defendant's responses, Plaintiff's prior counsel agreed to extend Defendant's deadline to March 1, 2022. On February 28, 2022, Defendant's counsel, Kelly Savage Day, was contacted by attorney Douglas E. Watts, who stated that Plaintiff's counsel at the time, Dean Royer, was shuttering his practice and would be withdrawing from the case. Mr. Watts indicated that he may be taking over as Plaintiff's coun...
2023.02.01 Motion for Summary Judgment, Adjudication 157
Location: Sacramento
Judge: Gevercer, Steven M
Hearing Date: 2023.02.01
Excerpt: ... involving a stolen fire engine (“Engine 111”). In support of the motion, the District asserts the following undisputed material facts (“UMF”). The District purchased Engine 111 to fulfill the District's purpose in protecting the public from fires as safely and efficiently as possible. (UMF No. 4.) The District deliberately purchased Engine 111 with a keyless push‐start engine. (UMF Nos. 2‐3.) On July 14, 2018, the District used Engin...
2023.02.01 Motion for Summary Adjudication 009
Location: Sacramento
Judge: Gevercer, Steven M
Hearing Date: 2023.02.01
Excerpt: ...s allege numerous defendants caused the Decedent to be exposed to asbestos containing products resulting in the Decedent developing lung cancer. Hennessy is alleged to be one of the entities responsible for numerous automotive products that the Decedent was exposed to, including AAMCO brake service equipment. Hennessy requests summary adjudication of Plaintiff's claim for punitive damages on grounds Plaintiffs have no evidence that Hennessy engag...
2023.02.01 Motion for Summary Judgment, Adjudication 536
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2023.02.01
Excerpt: ....1110(f) facilitates the Court easily finding the cited evidence. This action arises from a rear‐end automobile accident Plaintiff Kendra Brand (“Plaintiff”) was involved in on April 27, 2016, and Plaintiff's underinsured motorist coverage (“UIM”) with a limit of $30,000 under the Century‐National insurance policy at issue. Plaintiff settled with the at‐fault driver in July of 2017, and subsequently initiated a UIM claim with Centur...
2023.02.01 Motion to Compel Arbitration and Stay Action 138
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2023.02.01
Excerpt: ...f alleges three causes of action for breach of warranty under the Song‐Beverly Consumer Warranty Act and that the Subject Vehicle developed defects and Defendant failed to conform the Subject Vehicle to the express and implied warranties. (Complaint ¶¶ 8, 10, 24.) When Plaintiff purchased the Subject Vehicle on June 23, 2017, she entered into a Retail Installment Sale Contract Simple Finance Charge (With Arbitration Provision) (the “RISC”...
2023.01.31 Motion to File Amended Answer 949
Location: Sacramento
Judge: Sueyoshi, Richard K
Hearing Date: 2023.01.31
Excerpt: ...alleging nine causes of action, including breach of contract and specific performance. Defendant filed an Answer and a Cross‐Complaint for Declaratory Relief on March 4, 2019. Trial is scheduled to commence on April 11, 2023. The proposed First Amended Answer (“FAA”) would add several affirmative defenses. Defendant asserts: [They] supplement those defenses already raised and simply present more direct claims in opposition to the Complaint,...
2023.01.31 Motion to Establish Admissions 923
Location: Sacramento
Judge: Sueyoshi, Richard K
Hearing Date: 2023.01.31
Excerpt: ...s tentative ruling system, as required by Local Rule 1.06. The address identified for Department 53 is incorrect. Moving counsel shall immediately notify opposing counsel of the correct location for the hearing, the Court's tentative ruling procedure, the manner to request a hearing, and the correct address for Department 53 (813 6th Street, Sacramento, CA 95814). Factual and Procedural Background Plaintiff Mark Pierson (“Plaintiff”) filed th...
2023.01.31 Motion to Compel Arbitration and Stay Proceedings 746
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2023.01.31
Excerpt: ... 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. The parties' requests for judicial notice are both unopposed and granted. Background Plaintiff Raphael Hernandez (“Plaintif...
2023.01.31 Motion to Amend or Withdraw or Amend RFAs 391
Location: Sacramento
Judge: Sueyoshi, Richard K
Hearing Date: 2023.01.31
Excerpt: ...amendment of deemed admissions to Plaintiff State Farm Mutual Automobile Insurance Company's (“Plaintiff”) Requests for Admission, set one (“RFAs”) is GRANTED as follows. Factual Background This is a subrogation action involving a December 4, 2019 motor vehicle accident during which the vehicle driven by Defendant struck Plaintiff's insured's vehicle. Defendant asserts that as he was entering onto eastbound US‐50, his vehicle was hit by...
2023.01.31 Motion for Summary Judgment, Adjudication 905
Location: Sacramento
Judge: Sueyoshi, Richard K
Hearing Date: 2023.01.31
Excerpt: ...l at the time of the request which of moving Defendants' 6 separate issues for summary adjudication, which of moving Defendants' 101 Undisputed Material Facts, which of Plaintiff's 66 Additional Material Facts, and/or which of Defendants' 70 objections to evidence will be addressed at the hearing. The parties should be prepared to point to specific admissible evidence already in the record which is claimed to show the existence or non‐existence...

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