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3629 Results

Location: Sacramento x
2021.02.25 Petition to Compel Arbitration 809
Location: Sacramento
Judge: Mesiwala, Shama H
Hearing Date: 2021.02.25
Excerpt: ...Bandley (hereinafter "plaintiff”), to submit her elder abuse claim to binding arbitration. The petition is GRANTED as set forth below. Defendants' petition is made on the grounds that Ms. Souza, through her agent Lorraine Alves, executed a valid residency agreement containing an arbitration agreement that governs the elder abuse claim asserted against Defendants in the operative Complaint. Defendants' objections to the declaration of Ms. Clemen...
2021.02.25 Motion for Preliminary Injunction 129
Location: Sacramento
Judge: Mesiwala, Shama H
Hearing Date: 2021.02.25
Excerpt: ...D as set forth below. Plaintiff's Complaint alleges a claim for forcible detainer against Defendant pursuant to Code of Civil Procedure 1160(1). Plaintiff alleges the following facts: On or about March 13, 2013, Plaintiff granted a life estate to Bjelland, subject to certain requirements, as to certain portions of the real property identified by Assessor's Parcel Numbers 134‐280‐079 and 134‐280‐080, commonly known as 10565 Arno Road, Galt...
2021.02.25 Motion to Strike Costs 584
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.02.25
Excerpt: ...), disposed of the action against Joanne Suavillo as an individual. As the court explained in its request for supplemental briefing, “[t]he fact that Joanne was alleged to conduct business under a fictitious business name did not create a different person or entity.” (1/26/2021 Order.) The court has reviewed the parties' supplemental briefs. Defendant Joanne Suavillo dba Wandering Boba's supplemental brief did not address the issues requeste...
2021.02.25 Demurrer 928
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.02.25
Excerpt: ...' demurrer to Plaintiff William F. Molina and Donna Goles' (“Plaintiffs”) Complaint is SUSTAINED with leave to amend as follows. Defendants' request for judicial notice is granted as to Exhibits 2 and 3, which are public records concerning the subject property. It is denied as to Exhibit 1, a May 2019 article published in The State Hornet. (See People v. Ramos (1997) 15 Cal.4th 1133, 1167 [affirming the trial court's refusal to take judicial ...
2021.02.25 Motion for Approval of PAGA Settlement 809
Location: Sacramento
Judge: Mesiwala, Shama H
Hearing Date: 2021.02.25
Excerpt: ...ourt shall review and approve any settlement of any civil action filed pursuant to this part." (Lab. Code § 2699(l)(2).) Plaintiff and Defendant have reached a mediated settlement of the PAGA claims as specified in the motion and supporting declaration of counsel, and request the court's review and approval. Defendant owns and operates bagel bakeries within the State of California. Plaintiff worked for Defendant as a Customer Service Team Member...
2021.02.25 Motion for Attorney Fees 851
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.02.25
Excerpt: ...n are overruled. Overview The following factual and procedural overview is found at pages 950‐952 of the Court of Appeal's opinion in Coley v. Eskaton (2020) 51 Cal.App.5th 943. “In November of 2014, Coley and another . . . homeowner, Karen B. Lorini, filed a class action against [Eskaton, Eskaton Village‐Grass Valley (Eskaton Village), and Eskaton Properties Inc. (collectively, the Eskaton entities)], Murch, Donovan, and, as a nominal defe...
2021.02.25 Application for Right to Attach Order 910
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.02.25
Excerpt: ...1415 Folsom Boulevard and 6660 Coyle Avenue. Plaintiff contends the services and materials it furnished at the two properties had a total value of $24,628.63. Plaintiff also claims it is owed service charges totaling $7,085.88 on unpaid balances at the contract rate of 1.5% per month. (See Compl., ROA # 1.) Plaintiff filed the Complaint against Defendants Donald Reinnoldt (“Reinnoldt”); 11415 Folsom, LLC; Bella Terra Design, LLC; and Greenbac...
2021.02.25 Motion for Summary Judgment, Adjudication 229
Location: Sacramento
Judge: Mesiwala, Shama H
Hearing Date: 2021.02.25
Excerpt: ...SAC”) filed October 1, 2019. The SAC is unverified, consists of 118 pages not including exhibits, 514 paragraphs, and six separate causes of action against Fines denoted as: (1) Misappropriation of Trade Secrets, Civ. Code §§3426, et seq.; (2) Breach of The Employee Duty of Loyalty, Labor Code §§ 2863, 2860; (3) Breach of Contract; (4) Intentional Interference with Contractual Relationship; (5) Intentional Interference with Prospective Eco...
2021.02.25 Motion to Compel Compliance 905
Location: Sacramento
Judge: Mesiwala, Shama H
Hearing Date: 2021.02.25
Excerpt: ...ion for sanctions in the amount of $1,980 is GRANTED. Kronick and Scheidt move for an order compelling plaintiffs' person‐mostknowledgeable deposition(s) by defendants to resume beginning on March 8, 2021, and to continue day to day thereafter until completed. Defendants' objections to Golden's evidence in opposition are ruled upon as follows: Overruled ‐ Nos. 1, 2, and 3. The action currently has a trial date of April 19, 2021, with a discov...
2021.02.25 Motion to Disqualify Counsel 770
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.02.25
Excerpt: ...and his brother, Defendant Timothy Poole (“Tim”). Plaintiff and Tim are the sole shareholders of Dome, a longtime family printing business. (Pl.'s Decl. ISO Mot. ¶¶ 1, 2.) In December 2018, Plaintiff, Dome, and Tim were all sued in Orange County Superior Court in an employment law matter, captioned Keena v. Merlitz Incorporated dba DOME Printing, et al., Case No. 30‐2018‐01039117 (the “Keena matter”). The Keena matter involved vario...
2021.02.25 Motion to File Amended Complaint, Petition to Compel Arbitration 486
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.02.25
Excerpt: ...rn California, Woodside Homes Company LLC and Does 1 through 10. Plaintiff alleged that defendants were her employer. Adkison further alleges that she was terminated from her job as a salesperson “in retaliation for opposing a sexual harassment investigation of her supervisor where she was purportedly the alleged victim being harassed, which she denied.” According to the FAC, Adkison wasn't paid pending commissions when she was terminated, gi...
2021.02.25 Motion to Set Aside Rejection of Application for Renewal of Judgment 723
Location: Sacramento
Judge: Mesiwala, Shama H
Hearing Date: 2021.02.25
Excerpt: ...gal counsel's mistake, inadvertence, and excusable neglect, it failed to timely file its application pursuant to Code of Civil Procedure section 683.120 seeking renewal of its lump sum money judgment against Defendant in this action. Specifically, Plaintiff failed to apply for renewal of the judgment within the 10‐year period provided under Code of Civil Procedure section 683.130(a). Plaintiff's application was rejected for filing by the Clerk ...
2021.02.25 Motion for Terminating Sanctions 214
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.02.25
Excerpt: ... between Plaintiff and Defendant Sidney Leung. The Second Amended Complaint asserts two causes of action against CSAA for (1) rescission (second cause of action) and (2) unfair and deceptive business practices, Bus. & Prof. Code §§ 17200 et seq. (third cause of action). As to CSAA, Plaintiff alleges that in June 2018, she entered into a settlement agreement with CSAA for $300 in exchange for a release of defendants Sidney Leung, Daman Leung, an...
2021.02.24 Motion for Relief from FAC 838
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.02.24
Excerpt: ...er continuance. Plaintiff has not explained why his release makes it impossible for him to appear remotely (i.e., through Zoom or via phone) on the scheduled hearing date. The Department 54 Zoom link is http://saccourt.zoom.us/my/dept53.54a. The Department 54 Zoom ID is: 841 204 6267. To appear on Zoom by phone, call (888) 475‐4499 or (877) 853‐5257 (toll‐free) and enter the Zoom ID referenced above. The Court urges Plaintiff to file his up...
2021.02.24 Demurrer 099
Location: Sacramento
Judge: Mesiwala, Shama H
Hearing Date: 2021.02.24
Excerpt: ...d language above), to participate in oral argument on the continuance date. Defendant California Department of Corrections (“CDCR”) demurs to Plaintiff Monrell D. Murphy's complaint. The demurrer is ruled on as follows. Plaintiff sued CDCR alleging a cause of action for general negligence in connection with alleged sexual assault allegations arising at California State Prison, Los Angeles. Defendant alleges (1) it is immune from suit pursuant...
2021.02.24 Motion for Final Approval of Class Action Settlement 952
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.02.24
Excerpt: ...) is unopposed and is GRANTED pending the final fairness hearing to be held on this date. (Code of Civil Procedure § 382, California Rules of Court, Rule 3.769.) In this action, Plaintiff alleges that defendant employer violated various wage & hour provisions of the California Labor Code. The Complaint also includes claims under the Labor Code's Private Attorney General Act (“PAGA”). In approving a class action settlement, the Court is to d...
2021.02.24 Motion for Reconsideration 139
Location: Sacramento
Judge: Mesiwala, Shama H
Hearing Date: 2021.02.24
Excerpt: ...suant to Code of Civil Procedure section 1030. (See ROA 23.) The order on the motion was entered on November 16, 2020 (see ROA 27), and the notice of entry of order was filed on November 20, 2020, showing electronic service on November 9, 2020 (see ROA 28). Plaintiff was ordered to file the undertaking within 30 days of service of the order granting Defendant's motion. Code of Civil Procedure section 1030(d) provides: “The plaintiff shall file ...
2021.02.24 Motion to Compel Site Inspection 969
Location: Sacramento
Judge: Mesiwala, Shama H
Hearing Date: 2021.02.24
Excerpt: ... the property owned by Plaintiffs which is the subject of the instant litigation, located at 8106 Stevenson Avenue, Sacramento, California (“Subject Property”). Defendant asks for sanctions against Plaintiffs and their counsel for their willful prevention of the site inspection being held on January 21, 2021, the date specified in the Demand for Site Inspection. Defendant contends it must obtain access to the property to evaluate the conditio...
2021.02.24 Motion for Summary Judgment, Adjudication 641
Location: Sacramento
Judge: Mesiwala, Shama H
Hearing Date: 2021.02.24
Excerpt: ...ide notice of the Court's tentative ruling system as required by Local Rule 1.06(D). Defendants are ordered to notify Plaintiffs immediately of the tentative ruling system and to be available at the hearing, via Zoom or CourtCall, in the event Plaintiffs appear without following the procedures set forth in Local Rule 1.06(B). This case arises from the medical treatment of sixteen year‐old decedent Alejandro Perez (“Decedent”). Decedent, who...
2021.02.24 Motion to Compel Arbitration and Stay Proceedings 770
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.02.24
Excerpt: ... signatures upon certain arbitration provisions ‐‐ was not filed with the moving papers. Instead, these “wet ink” signatures were raised and filed for the first time on Reply, denying Plaintiff Emilee Richardson (“Plaintiff”) a full and fair opportunity to respond thereto. In their moving papers, Defendants filed copies of arbitration provisions bearing only Plaintiff's “electronic” signature. Indeed, the motion was framed as bei...
2021.02.24 Motion to Quash Service of Summons 128
Location: Sacramento
Judge: Mesiwala, Shama H
Hearing Date: 2021.02.24
Excerpt: ...iation for demanding wages due to wrongful termination, defamation, assault, and battery. Plaintiff alleges that Defendant ISS Facility Services, Inc. (“ISS”) was his employer. Plaintiff also “sues fictitious defendants Does 1 through 50 . . . because their names and/or capacities and/or facts showing them liable are not known presently.” (FAC ¶ 5.) Defendant alleges the Doe Defendants were “the agent and/or employee of every other def...
2021.02.24 Motion to Set Aside Civil Law and Motion 591
Location: Sacramento
Judge: Mesiwala, Shama H
Hearing Date: 2021.02.24
Excerpt: ...st 29, 2016, alleging medical malpractice. (See ROA 1.) The proof of service filed by Plaintiff Alan Penan states that Defendant was served with the summons and complaint via personal service on April 19, 2017. (See ROA 108.) The address for service was 6533 Melrose Drive, North Highlands, California 95660. (See id.) Service was effectuated by a registered process server. (See id.) Defendant Molina's default was entered on September 25, 2020. (Se...
2021.02.24 Motion to Strike (SLAPP) 089
Location: Sacramento
Judge: Mesiwala, Shama H
Hearing Date: 2021.02.24
Excerpt: ...tentative ruling system and to be available at the hearing, in person or by telephone, in the event Plaintiff appears without following the procedures set forth in Local Rule 1.06(B). The Court notes that Plaintiff purports to conditionally lodge documents, including even the memorandum of points and authorities, presumably on the basis the documents contain confidential information. However, Plaintiff did not file a motion or application to seal...
2021.02.23 Petition to Compel Arbitration 907
Location: Sacramento
Judge: Mesiwala, Shama H
Hearing Date: 2021.02.23
Excerpt: ...the care he received at the Woodland Skilled Nursing Facility. The Decedent alleges causes of action for elder abuse and violation of the Patients' Bill of Rights (Health & Safety Code § 1430). Plaintiffs Geraldine Taylor, Diane Hohn and Thomas Taylor assert causes of action for negligent infliction of emotional distress and wrongful death. Defendants seek to compel the dispute to arbitration pursuant to an Arbitration Agreement signed by Diane ...
2021.02.23 Motion to Vacate Default Judgment 015
Location: Sacramento
Judge: Mesiwala, Shama H
Hearing Date: 2021.02.23
Excerpt: ... Management until is dissolved in November 2020. Defendants argue that they were never served with the complaint and did not discover the existence of this action until December 7, 2020 when Defendant Timofey's bank accounts were levied upon. They argue that Plaintiff PNC Equipment Finance served them by way of substitute service at 2721 Grove Avenue in Sacramento despite the fact that Defendant Timofey has not resided at that address since 2014....

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