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3855 Results

Location: Sacramento x
2021.05.06 Motion to Vacate Judgment 954
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.05.06
Excerpt: ...e 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. The moving memorandum of points & authorities fails to comply with CRC Rule 3.1113 (d)‐(e). Factual Background This litigation arises from defendant Lott's prior employment with plaintiff Ampla Health (“Ampla”), a non‐profit corporation...
2021.05.06 Motion to Strike 126
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.05.06
Excerpt: ...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. Factual Background This action arises out a January 2020 tractor‐ trailer/passenger vehicle accident in which two individuals lo...
2021.05.06 Motion to Require Security Bond 811
Location: Sacramento
Judge: Mesiwala, Shama H
Hearing Date: 2021.05.06
Excerpt: ...ations Code Section 17709.02 , is granted in part as set forth below. Charles Somers and Somers Trust move for security upon the ground that plaintiff Montelena Douglas Physicians, LLC “is more likely than not to fail to succeed on any derivative claim which will benefit the Defendant Douglas Cordova Commercial, LLC or its members, and because a security bond in the amount of $50,000 is reasonable in light of the expenses already incurred and t...
2021.05.06 Motion to Quash Service of Summons 122
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.05.06
Excerpt: ... pro per filed on 12/15/2020 the present action which purports to allege “equal protection violations” relating to the denial of consideration for parole. Defendants now move to quash plaintiff in pro per's purported service of the summons & complaint by mail on or about 1/12/2021 on the grounds neither was properly served inasmuch as (1) plaintiff mailed two copies of a Notice and Acknowledgment of Receipt form directed to D. Kernan but fail...
2021.05.06 Motion for Preliminary Approval of Class Action Settlement 111
Location: Sacramento
Judge: Mesiwala, Shama H
Hearing Date: 2021.05.06
Excerpt: ...wage statements that identify the inclusive dates of the pay period, i.e. when the pay period began, and a cause of action for violation of PAGA predicated on Defendants' alleged violation of Labor Code section 226(a). The trial court has broad discretion to determine whether a proposed settlement in a class action is fair. (Rebney v. Wells Fargo Bank (1990) 220 Cal.App.3rd 1117, 1138.) Newberg on Class Actions (4th Ed.), the authoritative treati...
2021.05.06 Demurrer 613
Location: Sacramento
Judge: Mesiwala, Shama H
Hearing Date: 2021.05.06
Excerpt: ...of race and disability discrimination, failure to pay overtime wages, waiting time penalties, wrongful discharge, unfair business practices, negligence, breach of contract, breach of implied covenant of good faith and fair dealing. (See generally, FAC (Register of Actions (“ROA”) 49).) Defendants demur to the fifth cause of action (Race and Disability Discrimination in violation of the Unruh Civil Rights Act (§§ 51, 52.1) and Bane Act, and ...
2021.05.05 Demurrer 061
Location: Sacramento
Judge: Mesiwala, Shama H
Hearing Date: 2021.05.05
Excerpt: ...om at Rideout Hospital on July 18, 2018. Plaintiffs are the Decedent's heirs. Plaintiff Heaven Hopkins is the Decedent's daughter. Plaintiffs Samantha Miller and Faith Turner are also the Decedent's daughters. Given their age, guardians as litem have been appointed for Samantha and Faith Turner. The Decedent was an alcoholic and had a .25 Blood Alcohol Level when he arrived. Plaintiffs allege that the Decedent was left alone despite being in a ...
2021.05.05 Demurrer 468
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.05.05
Excerpt: ...ween Plaintiffs and Defendant. Examination of the FAC reveals that Plaintiffs quote from these documents extensively and therefore it is appropriate that the Court have the entirety of the documents upon which Plaintiffs base their claims. (Evid. Code § 452 (h.) FACTS The FAC alleges that Plaintiffs Mary White, Richard MacPherson, and Christine Bruce (“Plaintiffs”) are the owners of real property located at 4743 Ponderay, Sacramento, Califor...
2021.05.05 Demurrer 802
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.05.05
Excerpt: ...mes Cokinos' (“Plaintiff”) demurrer and motion to strike Defendant Cemex Construction Materials Pacific, LLC's (“Defendant”) answer is ruled upon as follows. Overview This is a FEHA disability and retaliation action. Plaintiff alleges that after Defendant purchased his predecessor employer, A. Teichert & Sons, Defendant refused to accommodate his back injury by providing a fitted seat with back support, or engage in the interactive proces...
2021.05.05 Motion for Judgment on the Pleadings 015
Location: Sacramento
Judge: Mesiwala, Shama H
Hearing Date: 2021.05.05
Excerpt: ...Abuse, Negligence Per Se, Unfair Business Practices, Fraud, and Constructive Fraud. Plaintiff alleges that he was neglected while at Defendants' Adult Residential Facility. Plaintiff alleges that he is a 38 year old developmentally and physically disabled adult. (Comp. ¶ 2.) He alleges that he suffers from Cornelia de Lange Syndrome, a genetic disorder which causes a broad range of challenges. He alleges that as a result of the syndrome he was a...
2021.05.05 Motion for Preliminary Injunction 793
Location: Sacramento
Judge: Mesiwala, Shama H
Hearing Date: 2021.05.05
Excerpt: ...possession of [CYSA] under the lease for the real property commonly known as the Cherry Island Soccer Complex (“Cherry Island”) with [Defendant] dated April 10, 2012” pending the hearing on the OSC. In the operative verified first amended complaint filed on April 14, 2021, CYSA alleges causes of action for “anticipatory breach of contract and injunctive relief,” “declaratory relief and injunctive relief”. CYSA also includes a “pet...
2021.05.05 Motion for Summary Judgment, Adjudication 170
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.05.05
Excerpt: ...."); 7617 Ward Lane, Fair Oaks, CA 95628 ("7617 Ward Lane"); 7621 Ward Lane, Fair Oaks, CA 95628 ("7621 Ward Lane"); 7612 Sunset Ave., Fair Oaks, CA 95628 ("7612 Sunset Ave."); and, 8712 Winding Way, Fair Oaks, CA 95628 ("8712 Winding Way"). All are investment properties that Plaintiff uses as income‐producing rentals. (UMF 1) 3896 Marshall Avenue On or about January 27, 2017, Plaintiff obtained a $240,000.00 loan ("3896 Marshall Loan") evidenc...
2021.05.05 Motion for Summary Judgment, Adjudication 524
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.05.05
Excerpt: ...ted to the Emergency Department at Mercy Hospital of Folsom, where she was evaluated by Kendrick Johnson, M.D. for complaints of low back pain, numbness in her legs, and difficulty ambulating. (UMF 2). Plaintiff had a lumbar MRI taken that revealed multilevel moderate to severe spinal stenosis. (UMF 3). Dr. Johnson reviewed the MRI with Ravi Ramachandran, M.D., who recommended Plaintiff be admitted for pain management and consideration of discect...
2021.05.05 Motion for Summary Judgment, Adjudication 792
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.05.05
Excerpt: ...Andrew Kleeman was driving southbound on Zinfandel Drive when Kleeman fell asleep, crossed the double yellow lines on the roadway into the northbound lane, and collided with Plaintiff's vehicle in a head‐on collision. Plaintiff alleges injury and damages as a result. Plaintiff alleges that Defendant Kleeman was operating the subject vehicle in the course and scope of his employment with Defendant Teichert at the time of the collision. Plaintiff...
2021.05.05 Motion to Compel Compliance 752
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.05.05
Excerpt: ...pel Defendant to provide further full and complete responses to certain requests for production. Defendant, in turn, has repeatedly interposed numerous objections to the requests, including objections based on relevance, burden and oppression, trade secrets and attorney‐client privilege. Despite numerous extensions, multiple attempts to meet and confer, and court orders to produce the documents in question, Defendant has still failed to provide...
2021.05.05 Motion to File Complaint 841
Location: Sacramento
Judge: Mesiwala, Shama H
Hearing Date: 2021.05.05
Excerpt: ...Tuolumne Drive in Sacramento. Defendant seeks leave to file a cross‐complaint alleging causes of action for breach or oral contract, promissory estoppel, unjust enrichment and fraud in connection. The proposed cross‐ complaint is premised on certain alleged agreements and promises made with respect to the down payment Defendant made to purchase the subject property and repairs that she made. Defendant contends that she did not file the cross...
2021.05.05 Motion to Strike 669
Location: Sacramento
Judge: Mesiwala, Shama H
Hearing Date: 2021.05.05
Excerpt: ... and hour action when she filed her complaint against ENS on December 3, 2020. Plaintiff alleges numerous causes of action pursuant to Labor Code § 2698 et seq. (Private Attorneys General Act of 2004 [“PAGA”].) Plaintiff alleges that ENS violated numerous provisions of the Labor Code through misclassifying non‐exempt employees as exempt and then failing to pay wages, failing to provide meal period compensation, failing to permit rest break...
2021.05.04 Motion to Dismiss Complaint 591
Location: Sacramento
Judge: Mesiwala, Shama H
Hearing Date: 2021.05.04
Excerpt: ...d on September 25, 2020. (See ROA 133.) On February 24, 2021, the Court granted Defendant's motion to set aside the default of Defendant on the basis that he had not been served with the summons and complaint. (See Code Civ. Proc. § 473.5 (“When service of a summons has not resulted in actual notice to a party in time to defend the action and a default or default judgment has been entered against him or her in the action, he or she may serve a...
2021.05.04 Motion to Compel Inspection of Phone Records 003
Location: Sacramento
Judge: Mesiwala, Shama H
Hearing Date: 2021.05.04
Excerpt: ... 2020, Defendant served a subpoena on Plaintiff and Plaintiff's cellphone provider, Boost Mobile c/o Sprint Corporation, seeking relevant phone records over the duration of Plaintiff's employment. (Blueford Decl. ¶ 4.) Plaintiff never served objections to or sought to quash the subpoena. (Id. ¶ 5.) Boost Mobile, through counsel, informed Defendant on or about February 1, 2021, that it would only release the phone records after Plaintiff signed ...
2021.05.04 Motion for Summary Judgment, Adjudication 053
Location: Sacramento
Judge: Mesiwala, Shama H
Hearing Date: 2021.05.04
Excerpt: ...immediately provide notice to Defendant's counsel of the tentative ruling system and to be available at the hearing, via Zoom video or audio, in the event Defendant's counsel appears without following the procedures set forth in Local Rule 1.06(B). Plaintiff moves for summary judgment on the grounds that there is no defense to the complaint, no triable issue of material fact, and no defense to any material fact, and that Plaintiff's evidence esta...
2021.05.04 Motion for Summary Judgment 630
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.05.04
Excerpt: ... 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 2017‐2‐IH‐Borrower LP's (“Landlord”) motion for summary judgment is ruled upon as follows. Overview This is a personal injury action. Plaintiffs allege that on 2/28/2019, a large oak tree fell through the roof of Plaintiffs' home (“Property”) which they rented from Landlord. P...
2021.05.04 Motion for Summary Adjudication 852
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.05.04
Excerpt: ...arties 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 John (“John”) and Tracy Weaver's (“Tracy”)(collectively “Defendants”) motion for summary adjudication is ruled upon as follows. The court observes that Plaintiff's opposition to separate statement fails to comply with CRC Rule 3.1350(f)(2) which requires that the “natur...
2021.05.04 Motion for Summary Adjudication 142
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.05.04
Excerpt: ...their respective rights and obligations to divert and store water from the Mokelumne River under various permits and licenses issued by the California State Water Resources Control Board (“SWRCB”) and various contractual agreements. In particular, WID and EBMUD dispute the interpretation of the “1965 Agreement” (Joint Ex. B) and its effect on WID's right to water under the prior “1938 Agreement” (Joint Ex. A), and WID's License 5945 (...
2021.05.04 Motion for Determination of Good Faith Settlement 763
Location: Sacramento
Judge: Mesiwala, Shama H
Hearing Date: 2021.05.04
Excerpt: ...t the time, Defendant Brumley was employed by Defendants Choice Coffee Services and Daiosh U.S.A., Inc. (“Employer Defendants”). Employer Defendants have admitted that Defendant Brumley was acting in the course and scope of his employment when he struck Plaintiff's vehicle. Employer Defendants are vicariously liable for Plaintiff's injuries and damages caused by Defendant Brumley. Plaintiff alleges injuries including low back pain, neck pain,...
2021.05.04 Demurrer 319
Location: Sacramento
Judge: Mesiwala, Shama H
Hearing Date: 2021.05.04
Excerpt: ... policy and the Tom Bane Civil Rights Act. Defendant further contends that the wrongful termination and Bane Act violation causes of action that were added after the original complaint was filed do not “relate back” to Plaintiff's original complaint, and thus the actions are barred by the statute of limitations. Plaintiff's claims arise out of his termination by Defendant on December 20, 2017. On December 12, 2018, Plaintiff filed his origina...

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