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2405 Results

Location: Sacramento x
2019.4.9 Demurrer, Motion to Strike 038
Location: Sacramento
Judge: Brown, David I
Hearing Date: 2019.4.9
Excerpt: ...ants' 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) 44 Cal.App.2d 61, 68 [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 b...
2018.11.15 Motion for Attorneys' Fees 669
Location: Sacramento
Judge: Brown, David I
Hearing Date: 2018.11.15
Excerpt: ...or obtaining injunctive relief in this case. The Court granted a TRO on April 14, 2016. The Court noted in issuing the TRO that "Although the Declaration of Fry is sparse, the court is understandably concerned about dual‐ tracking, and is giving plaintiffs the benefit of the doubt." After several stipulated continuances of the hearing approved by the Court, on August 2, 2016, Judge Rodda entered a Minute Order granting Plaintiffs' r...
2018.11.15 Demurrer 951
Location: Sacramento
Judge: Brown, David I
Hearing Date: 2018.11.15
Excerpt: ...laintiff as general manager of GPHA. Plaintiff alleges various oral agreements were entered into by him and Gallagher during his employment negotiations wherein Galagher promised Plaintiff he would receive 10% in equity of GPHA as a “sign‐on bonus” plus 2% of sales. Plaintiff also alleges Gallagher later agreed to provide Plaintiff an additional 10% ownership interest in both companies in exchange for Plaintiff forgiving payroll debt and un...
2018.11.14 Motion to Quash Deposition Subpoena 311
Location: Sacramento
Judge: Brown, David I
Hearing Date: 2018.11.14
Excerpt: ...ck and experienced some residual dizziness. Plaintiff was also involved in a motor vehicle accident on March 10, 2016 when he was rear‐ended by a vehicle driven by Lyubov Ponomar in which he suffered injuries to his head and neck and experienced dizziness. Defendants Robert Goff and Airgas, LLC issued six subpoenas seeking Plaintiff's entire medical and billing history from 2006 to present from the medical providers with whom Plaintiff treated ...
2018.11.14 Motion for Preliminary Injunction 921
Location: Sacramento
Judge: Brown, David I
Hearing Date: 2018.11.14
Excerpt: ... Enforcement case since October 25, 2017 as a result of the accumulation of trash, junk and debris. City alleges that the Subject Property was the subject of eight previous Code Enforcement cases regarding similar issues. City now seeks a preliminary injunction prohibiting the maintenance of the Subject Property as a nuisance. “To obtain a preliminary injunction, a plaintiff ordinarily is required to present evidence of the irreparable injury o...
2018.11.14 Motion to Compel Deposition, Production of Docs 569
Location: Sacramento
Judge: Brown, David I
Hearing Date: 2018.11.14
Excerpt: ...is faced with yet another serial discovery motion. On May 16, 2018, the Court previously granted Plaintiffs' motion to compel Defendant to produce this specific PMQ and also to produce the documents requested in the PMQ deposition notice. (ROA 115) On July 9, 2018, Plaintiffs deposed the PMQ regarding Plum's organizational structure but the PMQ did not bring all the documents requested in the deposition notice. Specifically Plaintiffs claim that ...
2018.11.14 Motion to Compel Production of Docs 845
Location: Sacramento
Judge: Brown, David I
Hearing Date: 2018.11.14
Excerpt: ...intiffs were able to file a complete reply. In this personal injury action arising from a July 24, 2015, motor vehicle accident, Plaintiffs propounded their request for production of documents (set two) on Defendant Andrew Moreno. At issue on this motion are Requests 69 and 70 which asked Defendant for all documents relating to any video surveillance, including any sub rosa surveillance, taken of Plaintiffs at any time since July 24, 2015. Defend...
2018.11.14 Motion to Compel Responses 479
Location: Sacramento
Judge: Brown, David I
Hearing Date: 2018.11.14
Excerpt: ...ing and created unnecessary work for the Court. Defendant initially noticed this motion for October 31, 2018 but included the incorrect law and motion department on the notice. It then apparently filed the identical motion and noticed it for hearing on November 13 and 14 in this department. Defendant wrote a letter to the Clerk requesting that the Clerk drop the November 13, hearing, but never requested that the Clerk drop the October 31, 2018 he...
2018.11.14 Motion to Declare Vexatious Litigant 721
Location: Sacramento
Judge: Brown, David I
Hearing Date: 2018.11.14
Excerpt: ...inator was directed to provide the tentative ruling to plaintiff G. Daniel Walker. Appearance is required on November 14, 2018 (this date). Plaintiff G. Daniel Walker shall be available, by COURTCALL, to participate in oral argument on the continuance date. Defendants Mike Marlin's, et al.'s motion to declare Plaintiff a vexatious litigant is ruled upon as follows. Defendants' request for judicial notice is granted. Incarcerated Plaintiff G. Dani...
2018.11.14 Motion for Summary Judgment 853
Location: Sacramento
Judge: Brown, David I
Hearing Date: 2018.11.14
Excerpt: ...n Brewing Company are the Lessees and Sublessors, respectively according to the terms of the leases. (Declaration of Frenn, Ex. A) Defendants are the sublessees. However, the First Amended Complaint alleges that "Lockdown Brewing Company LLC" is the party to the master lease and the sublease. Defendants therefore contend that "Lockdown Brewing Company LLC" is not the real party in interest because it is not a party to the lease or...
2018.11.14 Motion to Strike Declaration 459
Location: Sacramento
Judge: Brown, David I
Hearing Date: 2018.11.14
Excerpt: ...f action pled in the third amended complaint. Defendant argues that a declaration is not a proper pleading given that CCP § 422.10 provides that the “pleading allowed in civil actions are complaints, demurrer, answers, and crosscomplaints.” He also argues that a declaration is only allowed as an attachment to a complaint as a verification for a verified complaint. (CCP § 446.) Plaintiff's opposition argues that the attachment is mislabeled ...
2018.11.13 Motion for Summary Judgment, Adjudication 374
Location: Sacramento
Judge: Talley, Jill H
Hearing Date: 2018.11.13
Excerpt: ...rminated on March 20, 2017, for filling family prescriptions unsupervised, checking himself out unsupervised, and failing to obtain management sign‐offs for family member prescriptions and register receipts. Plaintiff filed his complaint on April 21, 2017, against Raley's and two other individual defendants who have been dismissed from the action. The Complaint alleges the following three causes of action: (1) FEHA/CFRA retaliation and harassme...
2018.11.13 Motion for Issue and Monetary Sanctions 097
Location: Sacramento
Judge: Talley, Jill H
Hearing Date: 2018.11.13
Excerpt: ...tairs failed, causing him to fall awkwardly and injure his knee, neck, and lower back. Plaintiff previously noticed the depositions of the property maintenance manager, Jon Amaral, the property's principal owner, Peter Afrooz, and the property management company owner, Dick James. During the deposition of Mr. Amaral, defense counsel took the position that Mr. Amaral could not be asked about the prior history of the property, claiming the defe...
2018.11.13 Motion for Protective Order 097
Location: Sacramento
Judge: Talley, Jill H
Hearing Date: 2018.11.13
Excerpt: ...f the concrete stairs failed, causing him to fall awkwardly and injure his knee, neck, and lower back. By way of this motion, Defendants seek the following relief: a) The appointment of a discovery referee to monitor depositions of defense witnesses, to hear and determine all discovery motions and disputes relevant to said depositions, including those listed below, and to report findings and make recommendations thereon; b) An order prohibiting q...
2018.11.9 Motion for Attorney Fees 777
Location: Sacramento
Judge: Talley, Jill H
Hearing Date: 2018.11.9
Excerpt: ...is lawsuit to stifle competition. Plaintiffs contend Defendant was named in the Complaint only in the Unfair Business Practices cause of action for having allegedly conspired with Allen and Novak to unfairly compete with AdverMail and ClickSmart by diverting customers and funds away from the companies. Goldsmith contends he was named in each cause of action, including the 2nd cause of action for violation of the Uniform Trade Secrets Act, at Civi...
2018.11.9 Motion for Summary Judgment, Adjudication 931
Location: Sacramento
Judge: Talley, Jill H
Hearing Date: 2018.11.9
Excerpt: ...ctions after this ruling becomes final. Plaintiff Adriane Johnson alleges claims for employment discrimination, harassment, retaliation, and related claims against Regents and her boss, individual defendant Vincent Johnson. Because the plaintiff and defendant share the same last name, the ruling will refer to them as Adriane and Vincent, respectively. Adriane's First Amended Complaint ("FAC") alleges claims for hostile work environmen...
2018.11.8 Demurrer 569
Location: Sacramento
Judge: Talley, Jill H
Hearing Date: 2018.11.8
Excerpt: ... aiding and abetting a FEHA violation, harassment and failure to prevent harassment, and IIED. The Court overruled Defendant's previous demurrer to the first through fourth causes of action and sustained the demurrer as to the fifth and seventh causes of action for harassment and IIED. The Court overruled the demurrer to the sixth cause of action for failure to prevent to the extent it was premised on a failure to prevent discrimination and retal...
2018.11.8 Motion to Compel Further Answers 613
Location: Sacramento
Judge: Talley, Jill H
Hearing Date: 2018.11.8
Excerpt: ...cramento River Cats' manager of 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. Plaintiff noticed and took the deposition of Wayne Williams. Plaintiff's counsel also represents Williams and he brought suit against Defendant in another...
2018.11.8 Motion to File Amended Complaint 659
Location: Sacramento
Judge: Talley, Jill H
Hearing Date: 2018.11.8
Excerpt: ...ng, M.D. pursuant to CCP § 425.13. Plaintiff alleges that she is a breast cancer survivor who underwent reconstructive breast surgery on February 1, 2016 to address her double mastectomy after a series of consultations and treatment with Dr. Wong. She claims that she was prepared for and counseled to receive implants of a certain size and authorized and consented to Dr. Wong implanting those specific implants. She claims that while she was uncon...
2018.11.7 Demurrer 591
Location: Sacramento
Judge: Talley, Jill H
Hearing Date: 2018.11.7
Excerpt: ...tes (collectively, “Defendants”) demurrer to plaintiff in pro per Judi Lynn Price's First Amended Complaint (“FAC”) is SUSTAINED with leave to amend. The Court declines to consider Plaintiffs' "surreply" filed on November 5, 2018. There is no provision in the Code of Civil Procedure allowing for such a filing. Plaintiff filed her complaint on March 7, 2018, alleging a single cause of action for medical malpractice against Defe...
2018.11.7 Motion for Terminating Sanctions 299
Location: Sacramento
Judge: Talley, Jill H
Hearing Date: 2018.11.7
Excerpt: ...equent September 25, 2018, Order that Wong respond to Mand's requests for production by October 10, 2018. On August 6, 2018, this Court granted Mand's unopposed motion to compel responses to request for production of documents, set one. Wong was ordered to serve verified responses, without objections, to the discovery by August 20, 2018. Wong did not serve verified written responses. (Barrett Decl. ¶ 2.) Mand then filed a motion for terminating ...
2018.11.7 Motion to Invalidate Releases and for Curative Action 073
Location: Sacramento
Judge: Talley, Jill H
Hearing Date: 2018.11.7
Excerpt: ...ting time penalties, gratuity violations, unfair business practices, and PAGA. Plaintiff seeks to represent a putative class of all persons who worked for Defendant as a poker dealer during the statutory period. This action has not yet been certified. Plaintiff contends that two days after being served with the Summons and Complaint, Defendant obtained general releases from approximately 201 of its employees (including 53 of the 73 Poker Dealers ...
2018.11.6 Motion for Summary Judgment, Adjudication 547
Location: Sacramento
Judge: Talley, Jill H
Hearing Date: 2018.11.6
Excerpt: ...) Motion for Summary Judgment Or In The Alternative Summary Adjudication is DENIED. This action arises from a real estate transaction. Pro per Plaintiff Carole Clarke (“Plaintiff”), and her husband Brian Clarke (a realtor), sought to do a “short sale” of her residential real property. Clarke's real estate agent, Teresa M. Laine, was to handle the transaction for Clarke. Clarke claims that Laine's wrongdoing in connection with the transac...
2018.11.6 Motion for Judgment on the Pleadings 201
Location: Sacramento
Judge: Talley, Jill H
Hearing Date: 2018.11.6
Excerpt: ...in which Plaintiff alleges common counts including account stated and money lent. On December 16, 2016Defendant Ruth A Schafer (“Defendant” or “Schafer”) filed a form Answer, which included a box that was checked so as to reflect a general denial. On July 5, 2018, the Court granted Plaintiff's unopposed motion to have its requests for admissions deemed admitted as against Defendant. When the moving party is the plaintiff, there is only on...
2018.11.6 Motion to Compel Further Responses 297
Location: Sacramento
Judge: Talley, Jill H
Hearing Date: 2018.11.6
Excerpt: ...eling in a safe manner for traffic conditions, and rear ended Plaintiff' s vehicle, causing injuries and damages to Plaintiff. Plaintiff seeks to compel Defendant's further responses to Form Interrogatories, Set One, Interrogatory Nos. 7.1, 12.2, 13.1, 15.1, 16.9, and 20.8. These were served on May 29, 2018. Plaintiff also seeks to compel Defendant's further responses to Demand for Production and Inspection of Documents and Things, Set One, D...
2018.11.6 Demurrer, Motion to Strike 673
Location: Sacramento
Judge: Talley, Jill H
Hearing Date: 2018.11.6
Excerpt: ...to strike punitive damages must be denied for the same reasons the demurrer was overruled. See, e.g. Johnson v. Ford Motor Co. (2005) 35 Cal. 4th 1191. Fraud is a cause of action which provides a basis for punitive damages. Civil Code § 3294. The notice of motion does not provide notice of the Court's tentative ruling system as required by Local Rule 1.06(D). Defendant's counsel is directed to immediately provide notice to Plaintiffs' counsel of...
2018.11.5 Demurrer 473
Location: Sacramento
Judge: Talley, Jill H
Hearing Date: 2018.11.5
Excerpt: ...Water Co. (1941) 44 Cal.App.2d 61, 68 [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 judicia...
2018.10.31 Motion for Instruction and for Order on Receiver's Certificate 453
Location: Sacramento
Judge: Brown, David I
Hearing Date: 2018.10.31
Excerpt: ... Cause (“OSC”), the Court stayed the receivership through October 31, 2018, to give Mrs. McGuire the opportunity to remedy the Property's nuisance violations herself. For the reasons that follow, the Court will continue the stay until January 11, 2019. However, if Mrs. McGuire does not demonstrate concrete steps to remedy the Property's nuisance violations as detailed infra, the Court hereby gives notice that it shall entertain a motion to li...
2018.10.31 Motion for Protective Order 953
Location: Sacramento
Judge: Brown, David I
Hearing Date: 2018.10.31
Excerpt: ...f here in numerous other pending lemon law cases between GM and other plaintiffs represented by the same firms involved on the instant motion. The Court has informed the parties that it expects them to engage in further meet and confer efforts to agree on a model protective order to be used in each Lemon Law action between the same counsel and involving the same issues. However, the Court is yet again faced with an identical motion due to the par...
2018.10.31 Motion to Compel Deposition and Production of Docs 245
Location: Sacramento
Judge: Brown, David I
Hearing Date: 2018.10.31
Excerpt: ...ments requested in the notice of deposition. Plaintiffs served the notice of deposition for the PMQ on July 18, 2018 noticing the deposition for August3, 2018. The notice sought a PMQ for three subject areas: (1) the general contents of patient charts maintained at the nurse's station for residents at the facility in 2014; (2) the manner in which those charts were maintained; and (3) the manner in which documents in the charts are removed if the ...
2018.10.31 Motion for Sanctions 085
Location: Sacramento
Judge: Brown, David I
Hearing Date: 2018.10.31
Excerpt: ...mons. The Court essentially found that self‐represented Plaintiff Anna Tagintseva's proof of service stating that Defendant was personally served with the summons and complaint was not true. The Court found that the declarations submitted in connection with the opposition to the motion to quash were not credible. Defendant now seeks $1,500 in sanctions pursuant to CCP § 128.7. Here, despite the above, the motion must be denied for failure to c...
2018.10.31 Motion to Compel Production of Docs 135
Location: Sacramento
Judge: Brown, David I
Hearing Date: 2018.10.31
Excerpt: ... are litigating over damages. Defendants learned in discovery that Plaintiff obtained treatment from Greater Sacramento Surgery Center (“GSSC”) from Philip J. Orisek, M.D. (“Orisek”). They also discovered that MedFin Manager, LLC purchased the lien on Plaintiff's account. Thereafter they sought to obtain discovery from Orisek the amount MedFin paid Orisek on Plaintiff's account. The meet and confer correspondence indicates that Orisek's c...
2018.10.31 Motion to Compel Depositions 569
Location: Sacramento
Judge: Brown, David I
Hearing Date: 2018.10.31
Excerpt: ...viduals to explore the relationships between the corporate defendants and the degree of control exerted over the subject facility for purposes of their alter ego, joint venture, etc. theories. Plaintiffs noticed the depositions on June 26, 2018. Defendants objected to the depositions on various grounds including that the witnesses were apex employees. Plaintiffs indicate that Defendants' counsel stated that they should be able to “work somethin...
2018.10.31 Motion to Seal Record 619
Location: Sacramento
Judge: Brown, David I
Hearing Date: 2018.10.31
Excerpt: ...tially unlawful and/or wasteful matters. By way of background the Court sustained Defendant's demurrer to her cause of action for violation of the California Whistleblower Protection Act (“WPA”) on the basis that she had not sufficiently alleged any protected activity. Defendant argued that Plaintiff could not amend the complaint without violating the attorney‐client privilege. The Court recognized that relevant case law indicates that wher...
2018.10.31 Motion to Expunge Lis Pendens 490
Location: Sacramento
Judge: Brown, David I
Hearing Date: 2018.10.31
Excerpt: ...]his Motion is made on the grounds that the Complaint on which the Lis Pendens is based does not contain a real property claim." Notice, p. 1, ll. 23‐24. In the instant matter, STGC requests that this court expunge that Notice of Pendency of Action recorded with the Sacramento County Clerk Recorder concerning the real property owned by Barbara Borkowski, located at 2121 Magnum Court, Elverta, CA 95626, on the basis that the Notice of Penden...
2018.10.30 Motion to Strike 701
Location: Sacramento
Judge: Brown, David I
Hearing Date: 2018.10.30
Excerpt: ...is granted. In taking judicial notice of these documents, the Court accepts the fact of their existence, not the truth of their contents. (See Professional Engineers v. Dep't of Transp. (1997) 15 Cal.4th 543, 590 [judicial notice of findings of fact does not mean that those findings of fact are true]; Steed v. Department of Consumer Affairs (2012) 204 Cal.App.4th 112, 120‐121 [“[W]hile the existence of any document in a court file may be judi...
2018.10.30 Motion to Compel Arbitration and Stay 387
Location: Sacramento
Judge: Brown, David I
Hearing Date: 2018.10.30
Excerpt: ...ctice in California since 2013, was hired as corporate counsel for PowerSchool. Plaintiff was employed from March 1, 2016, through March 8, 2018, at which time he resigned. PowerSchool provided Plaintiff with an Offer of Employment (the “Offer Letter”) on February 12, 2016. (LaPlante Decl. ¶ 5, Exh. A.) The Offer Letter included as a condition of employment that Plaintiff submit any disputes arising regarding his employment to binding arbitr...
2018.10.30 Motion for Summary Judgment, Adjudication 321
Location: Sacramento
Judge: Brown, David I
Hearing Date: 2018.10.30
Excerpt: ...construction of a street improvement project known as Old Florin Town Streetscape Improvement Project ‐ Prichard Road to Kinglsey Street (the “Project”). In short, the County is seeking to recover costs it paid to the contractor on the Project allegedly incurred to due defendant Florin County Water District's (the “District” or “Defendant”) delay in relocating its water facilities. The County alleges the District caused it to incur ...
2018.10.30 Motion for Summary Judgment 717
Location: Sacramento
Judge: Brown, David I
Hearing Date: 2018.10.30
Excerpt: ...ch 20, 2016. Plaintiff Carlene Metzler, decedent's daughter, alleges Dr. Balatbat caused a 30‐month delay between September 2012 and May 2015, in the diagnosis and treatment of decedent's lung cancer and this caused the progression of the cancer from a treatable “stage one” to an advanced “stage 4.” Specifically, Plaintiff alleges Dr. Balatbat failed to order follow‐up CT scans of decedent's lobe lung mass at the 6‐12 month mark and...
2018.10.30 Motion for Preliminary Injunction 751
Location: Sacramento
Judge: Brown, David I
Hearing Date: 2018.10.30
Excerpt: ...t Trust (collectively, “Defendants”): (1) a Trust Deed and Assignment of Rents, (2) a Foreclosure Cancellation Guaranty, and (3) a Note Secured by Deed of Trust. These documents were executed without the knowledge or consent of Ms. Barba. Therefore, Plaintiffs contends the documents are invalid and voidable. Plaintiffs filed their complaint on April 11, 2018, alleging causes of action for quiet title, breach of contract, declaratory relief, a...
2018.10.29 Demurrer 789
Location: Sacramento
Judge: Brown, David I
Hearing Date: 2018.10.29
Excerpt: ...ments, 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 recordation, the dat...
2018.10.29 Demurrer 773
Location: Sacramento
Judge: Brown, David I
Hearing Date: 2018.10.29
Excerpt: ...suffered a cardiac arrest at 1201 K Street, Sacramento, California, that required the use of the Philips Heart Start Automated External Defibrillator, Model M5066A. Plaintiffs contend the defibrillator failed to properly work, causing a significant and harmful delay in providing necessary emergency services to Steven Leighty, resulting in his death on the way to the hospital. Cross‐Complainant CDA Rotunda is alleged to own and operate the premi...
2018.10.29 Motion to Dismiss 865
Location: Sacramento
Judge: Brown, David I
Hearing Date: 2018.10.29
Excerpt: ...smiss for failure to amend complaint within time permitted by the court is denied. CCP 581(f)(2) On September 4, 2018, the Court's tentative ruling was to sustain Defendants' Demurrer without leave to amend. However at the hearing Plaintiff had retained an attorney who requested one additional chance to amend the causes of action. The Court granted Plaintiff's request, and allowed Plaintiff ten days leave to amend the Complaint. The p...
2018.10.29 Motion for Summary Judgment, Adjudication 889
Location: Sacramento
Judge: Brown, David I
Hearing Date: 2018.10.29
Excerpt: ...ProStar trucks (the “Trucks”), manufactured by Navistar, from dealer and co‐defendant Riverview International Trucks, LLC (“Riverview”). The facts are as follows. Joseph Chand (“Chand”) is a 50 percent owner and president of Plaintiff, as well as the decision making for purchasing Plaintiff's trucks. (UMF no. 1, 3.) In or around September 2012, Chand discussed purchasing the Trucks with Bassett. (UMF 4.) Bassett was the majority own...
2018.10.26 Motion to File and Serve Responses 441
Location: Sacramento
Judge: Brown, David I
Hearing Date: 2018.10.26
Excerpt: ...t requests for admission that were served on Defendant. There were a total of 1,308 requests for admissions. On September 18, 2018, the Court denied Defendant's motion for reconsideration, which it construed as a motion to withdraw admissions pursuant to CCP § 2033.300 without prejudice for failure to offer any evidence showing excusable neglect that resulted in the requests for admission being deemed admitted. “The court may permit withdrawal...
2018.10.26 Motion to Appoint Receiver 143
Location: Sacramento
Judge: Brown, David I
Hearing Date: 2018.10.26
Excerpt: ...property owner fails to comply with a notice and order issued by a local agency after having a reasonable opportunity to do so. Specifically, subdivision (c) authorizes this Court to appoint a receiver over the property if the property owner has failed to comply with a notice or order to repair issued by a local agency and the property continues to remain in substandard condition. The City claims that the subject property located at 3925 May Stre...
2018.10.17 Motion to Compel Further Responses 475
Location: Sacramento
Judge: Brown, David I
Hearing Date: 2018.10.17
Excerpt: ...from September 5, 2018. Defendant has now filed a substantive opposition to the motion on September 17, 2018, and plaintiff has filed a reply on September 25, 2018. ORAL ARGUMENT WILL TAKE PLACE ON THIS TENTATIVE RULING ON OCTOBER 17, 2018. The Clerk shall fax a copy of the tentative ruling to the litigation coordinator on or before October 11. The litigation coordinator shall then provide the tentative ruling to plaintiff Brian Spears. Appearanc...
2018.10.17 Motion for Leave to File Amended Complaint 677
Location: Sacramento
Judge: Brown, David I
Hearing Date: 2018.10.17
Excerpt: ...gh its subsidiary Sacramento Auto Insurance Center dba Cost‐U‐Less Insurance Center (“Cost‐U‐Less”), as a broker of insurance policies, allegedly engaged in the practice of issuing entirely new and superfluous policies when Plaintiffs only required a simple amendment to a previously issued policy in order to inflate broker fees. Plaintiff filed her initial complaint on August 14, 2014, on behalf of herself and a class of similarly sit...
2018.10.17 Motion for Contempt 975
Location: Sacramento
Judge: Brown, David I
Hearing Date: 2018.10.17
Excerpt: ...d to withdraw as counsel of record. On September 14, 2018, the Court denied the motion as there was no return receipt form the certified mail showing tha the client was served with the motion at the address listed on the proof of service. (ROA 106.) Thereafter, Plaintiff's counsel filed a “Notice of Ruling” and served the notice on Plaintiff, indicating that the motion to withdraw had been granted. (ROA 107.) Plaintiff's counsel is hereby ord...
2018.10.16 Motion to Compel Supplemental Responses 669
Location: Sacramento
Judge: Brown, David I
Hearing Date: 2018.10.16
Excerpt: ...ration is denied. This motion purports to be a motion to compel "supplemental" responses, when it is actually appears to be a motion to compel further responses to discovery. The motion is confusing, fails to cite applicable authority, and contains contradictory statements. If plaintiff is contending that responses served were inadequate or in violation of a court order, the proper motion to file is a motion to compel further responses ac...
2018.10.16 Motion for Leave to Submit IME 039
Location: Sacramento
Judge: Brown, David I
Hearing Date: 2018.10.16
Excerpt: ...ants seek an examination by an orthopedic surgeon concerning plaintiff's claim of a disc injury that requires surgery and which she contends is a result of the subject accident. At the time of plaintiff's deposition in October of 2016, she testified that no doctor had told her that neck surgery would be necessary. On May 30, 2018, plaintiff's counsel told defense counsel that plaintiff's doctor stated she may need surgery for her ...
2018.10.15 Motion to File Amended Complaint 385
Location: Sacramento
Judge: Brown, David I
Hearing Date: 2018.10.15
Excerpt: ...dmother was living with a sex offender. They now indicate that the complaint contains factual errors. They argue that after extensive discovery they learned that Defendant did not affirmatively place them in a residence with a registered sex offender but rather that before a placement could occur their grandmother took them. They indicate that the facts show that Defendant was aware of this and then failed to investigate claims received from thei...
2018.10.15 Motion to Compel Production of Docs 945
Location: Sacramento
Judge: Brown, David I
Hearing Date: 2018.10.15
Excerpt: ...ow for the parties to file a joint statement regarding the discovery requests at issue. The Court incorporates by reference its September 7, 2018 order, from which this proceeding is a continuation. The instant discovery motion is in the context of competing petitions to confirm or vacate an arbitration award. As this is unique in setting, for context, the Court refers back to its the Court's May 4, 2018 order related to DWR's petition to vacate ...
2018.10.15 Motion to File Amended Complaint 669
Location: Sacramento
Judge: Brown, David I
Hearing Date: 2018.10.15
Excerpt: ... and fair dealing. Plaintiffs allege that they are the assignees of an agreement to purchase real property (“Agreement”) that was entered into between SAVS Energy, LLC ("SAVS") and Defendants on or about January 12, 2017. They allege that SAVS assigned the Agreement to them. They allege that SAVS made $30,000 in deposits and that the transaction was originally scheduled to close on April 27, 2017. They allege that before closing they ...
2018.10.15 Motion for Preliminary Injunction, Application to Seal Record 441
Location: Sacramento
Judge: Brown, David I
Hearing Date: 2018.10.15
Excerpt: ... conversion of assets from Folsom Ready‐Mix, Inc., breach of fiduciary duty as to both Plaintiffs, negligence, constructive fraud, conspiracy to defraud, unjust enrichment, imposition of constructive trust, breach of contract, injunctive relief, and violation of Penal Code § 496. On September 18, 2018, this Court granted Plaintiff's ex parte application for a TRO and issued an OSC restraining Defendants from wasting, using, selling, encumberin...
2018.10.15 Motion for Preliminary Injunction 587
Location: Sacramento
Judge: Brown, David I
Hearing Date: 2018.10.15
Excerpt: ...plaint on September 13, 2018 and a first amended complaint on September 14, 2018. There is no second amended complaint in the Court's file. Nor could there be absent a motion or stipulation of the parties and Court order. Therefore, the Court's analysis is premised on the first amended complaint. Plaintiff also refers to a verified complaint, but the FAC is not verified. Nor was the original complaint. In this action Plaintiff alleges causes of a...
2018.10.12 Motion to Tax Costs 082
Location: Sacramento
Judge: Brown, David I
Hearing Date: 2018.10.12
Excerpt: ...odation, and wrongful termination in violation of public policy. On about July 3, 2018, Defendant Kaiser Foundation Hospital's Motions for Summary Judgment against Plaintiffs was heard and granted by the Court. Thereafter, on about August 10, 2018, Defendant Kaiser served its Memorandum of Costs, requesting $1,582.77 against Johnson and $1,445.34 against Landeros. Plaintiffs now move to tax costs pursuant Williams v Chino Valley Independent F...
2018.10.12 Motion for Summary Judgment, Adjudication 035
Location: Sacramento
Judge: Brown, David I
Hearing Date: 2018.10.12
Excerpt: ...otice is granted, except as to item 7. In taking judicial notice of these documents, the court accepts the fact of their existence, not the truth of their contents. (See Professional Engineers v. Dep't of Transp. (1997) 15 Cal.4th 543, 590 [judicial notice of findings of fact does not mean that those findings of fact are true]; Steed v. Department of Consumer Affairs (2012) 204 Cal.App.4th 112, 120‐121 [“[W]hile the existence of any document ...
2018.10.12 Demurrer 907
Location: Sacramento
Judge: Brown, David I
Hearing Date: 2018.10.12
Excerpt: ...be available by COURTCALL, to participate in oral arguments. Defendants Marisela Montes, Cheryl Carlson, and Jennifer Shafer's (collectively, “Defendants”) demurrer to plaintiff in pro per Arthur Austin's (“Plaintiff”) complaint is UNOPPOSED and is ruled upon as follows. The Court has received Plaintiff's Amended Complaint. However, the Amended Complaint was filed on October 3, 3018, which was not prior to Plaintiff's deadline to ...
2018.10.12 Demurrer, Motion to Strike 275
Location: Sacramento
Judge: Brown, David I
Hearing Date: 2018.10.12
Excerpt: ...n, M.D., and Adam M. Wegner, M.D.'s (collectively, “Defendants”) demurrer to Plaintiff Robert DaRosa, Kathleen DaRosa, Lindsay DaRosa, and Jacob DaRosa's (collectively, “Plaintiffs”) Second Amended Complaint (“SAC”) is sustained, without leave to amend, as to the Second and Sixth Causes of Action, and sustained with leave to amend as to the Fifth Cause of Action. Plaintiffs allege claims for elder abuse, intentional infliction of emot...
2018.10.12 Motion for Summary Judgment, Adjudication 669
Location: Sacramento
Judge: Brown, David I
Hearing Date: 2018.10.12
Excerpt: ...ustee of the Ortiz Family Living Trust (erroneously sued as Ortiz Family Living Trust), Frank A. Wolfe as Trustee of the 2000 Wolfe Family Trust (erroneously sued as 2000 Wolfe Family Trust), Beverly A. Smallfield, and Stan Kurz' (collectively, “Defendants”) motion for summary judgment or, in the alternative, summary adjudication is ruled upon as follows. Defendants' request for judicial notice is granted. In taking judicial notice of these d...
2018.10.11 Motion to be Relieved from Deemed Admissions 991
Location: Sacramento
Judge: Brown, David I
Hearing Date: 2018.10.11
Excerpt: ...tes that due to his age and unfamiliarity with civil matters, he did not know how to respond to the requests for admissions. He attempted to respond in a timely manner but his response was not in the proper format. (See exhibit A) Defendant has attached his proposed responses as Exhibit B to the motion and seeks permission from the Court to serve these responses. Defendant filed his motion shortly after the Court deemed the requests for admission...
2018.10.11 Motion for Summary Judgment, Adjudication 427
Location: Sacramento
Judge: Brown, David I
Hearing Date: 2018.10.11
Excerpt: ...ice to quit on Plaintiff. Plaintiff did not voluntarily vacate the premises within three days (UMF 5). On August 14, 2015, defendant changed the locks to Mr. Hamann's apartment. (UMF 6) Defendant never filed an action for unlawful detainer nor obtained a court order for possession of the premises. (UMF 7) Defendant did not comply with Civil Code section 1951.3 which governs abandonment of premises. (UMF 8) Plaintiff alleges a 1st cause of act...
2018.10.11 Demurrer 951
Location: Sacramento
Judge: Brown, David I
Hearing Date: 2018.10.11
Excerpt: ...n, judgment was entered for NCCS. NCCS then levied Plaintiff's bank account to satisfy the judgment and obtained $24,146.77. NCCS then filed an Acknowledgment of Satisfaction of the judgment. Thereafter, on September 4, 2015, the Court granted Plaintiff's motion to set aside the judgment based on Plaintiff's attorney's affidavit of fault. However, NCCS did not return the money it had previously obtained in executing on the judgment and the court ...
2018.10.11 Demurrer, Motion to Strike 697
Location: Sacramento
Judge: Brown, David I
Hearing Date: 2018.10.11
Excerpt: ...'s mother. Plaintiff Casey Woodbury is decedent Helen Woodbury's Son (FAC ¶ 1.) REGENTS, Dr. Pouria Kashkouli, Dr. Kimberly Hardin, and Dr. Richart Harper are healthcare providers. (FAC ¶¶ 9,11). Mark Vanderlinden is the risk manager for UC Davis Medical Center. (FAC ¶10) The FAC alleges a claim for punitive damages, in violation of CCP 425.13. The FAC also includes an improper request for expert coasts as well as "for the lost of...
2018.10.10 Motion to Compel Further Responses 475
Location: Sacramento
Judge: Brown, David I
Hearing Date: 2018.10.10
Excerpt: ... 25, 2018. ORAL ARGUMENT WILL TAKE PLACE ON THIS TENTATIVE RULING ON OCTOBER 17, 2018. The Clerk shall fax a copy of the tentative ruling to the litigation coordinator on or before October 11. The litigation coordinator shall then provide the tentative ruling to plaintiff Brian Spears. Appearance is required on October 17, 2018. Plain Brian Spears shall be available, by COURTCALL, to participate in oral argument on the continuance date. In this a...
2018.10.10 Motion to Declare Vexatious Litigant 721
Location: Sacramento
Judge: Brown, David I
Hearing Date: 2018.10.10
Excerpt: ...shall be available, by COURTCALL, to participate in oral argument on the continuance date. Defendants Mike Marlin's, et al.'s motion to declare Plaintiff a vexatious litigant is ruled upon as follows. Defendants' request for judicial notice is granted. Incarcerated Plaintiff G. Daniel Walker filed the instant action alleging that he suffers from numerous disabilities including mobility, vision and hearing impairment. Plaintiff alleges that he par...
2018.10.10 Motion to Set Aside Default, Judgment 085
Location: Sacramento
Judge: Brown, David I
Hearing Date: 2018.10.10
Excerpt: ...suit and her prior lawsuit was with American Express. (Quezada Decl. ¶ 1.) She indicates that she was able to resolve her prior lawsuit and based on her experience she believed Plaintiff Bank of America would delay entering default because settlement discussions were underway. (Id. ¶ 2.) She states that unlike her previous case she ran into difficulties communicating with Plaintiff's counsel because they were either unavailable or called while ...
2018.10.9 Motion for Final Approval of Class Action Settlement 353
Location: Sacramento
Judge: Brown, David I
Hearing Date: 2018.10.9
Excerpt: ...ass action lawsuit based on his contention that Defendants' policies and practices violated California law, including the failure to provide meal and rest periods, failure to provide accurate wage statements, failure to keep accurate records of hours worked, and failure to pay final wages. See generally Exhibit B. Plaintiff further alleged Defendants' policies and practices resulted in derivative violations and penalties and resulted in u...
2018.10.9 Demurrer, Motion to Strike 643
Location: Sacramento
Judge: Brown, David I
Hearing Date: 2018.10.9
Excerpt: ...ineers v. Dep't of Transp. (1997) 15 Cal.4th 543, 590 [judicial notice of findings of fact does not mean that those findings of fact are true]; Steed v. Department of Consumer Affairs (2012) 204 Cal.App.4th 112, 120‐121 [“[W]hile the existence of any document in a court file may be judicially noticed, the truth of the matters asserted in those documents, including the factual findings of the judge who was sitting as the trier of fact, is not ...
2018.10.9 Demurrer 113
Location: Sacramento
Judge: Brown, David I
Hearing Date: 2018.10.9
Excerpt: ...yquiengco's (“Plaintiff”) complaint is unopposed and is ruled upon as follows. Defendants' request for judicial notice of the Notice of Trustee's Sale is granted. In taking judicial notice of the recorded land document, the Court accepts the fact of their existence, not the truth of their contents. (Herrera v. Deutsche Bank Nat'l Trust Co. (2011) 196 Cal.App.4th 1366, 1375.) Factual and Procedural Background In August 2005, Plaintiff obtained...
2018.10.9 Demurrer 777
Location: Sacramento
Judge: Brown, David I
Hearing Date: 2018.10.9
Excerpt: ...ul acts including stealing and misusing Plaintiffs' assets and property, breaching their fiduciary duties as Plaintiffs' officers and members, and secretly forming DCM to directly compete with Plaintiffs. Plaintiffs filed their complaint on March 9, 2018, alleging causes of action for: (1) violation of Penal Code § 502, (2) violation of the Uniform Trade Secrets Act (the “UTSA”), (3) common law misappropriation of trade secrets, (4) unfair c...
2018.10.5 Motion to Disqualify Attorney 691
Location: Sacramento
Judge: Brown, David I
Hearing Date: 2018.10.5
Excerpt: ...us, as is the case with attorneys, self‐represented litigants must follow correct rules of procedure. (Nwosu v. Uba (2004) 122 Cal. App. 4th 1229, 1246‐1247; see also Rappleyea v. Campbell (1994) 8 Cal. 4th 975, 984.) Plaintiff's Request for Judicial Notice of the two prior orders denying motions to disqualify the City Attorney is granted. The motion is denied on both procedural and substantive grounds. The motion is procedurally defectiv...
2018.10.4 Demurrer 467
Location: Sacramento
Judge: Brown, David I
Hearing Date: 2018.10.4
Excerpt: ...ving age living in his residence. (Comp. ¶ 16.) He alleges that on April 25, 2017, Plaintiff was in an automobile collision. (Id. ¶ 19.) Plaintiff filed a claim with National General and was asked whether any adults of driving age lived in the same residence as him and he responded that an adult of driving age had recently moved in. (Id. ¶ 21.) National General's representative informed him that his policy was terminated and that no coverage w...
2018.10.4 Demurrer 953
Location: Sacramento
Judge: Brown, David I
Hearing Date: 2018.10.4
Excerpt: ...v. General Motors, LLC is granted. In this Lemon Law action, Plaintiff alleges that the Vehicle, a 2010 Chevrolet Equinox, suffers from Oil Consumption Engine Defects including, but not limited to, “excessive oil consumption; improper burning/consumption of abnormally high amounts of oil; premature failure of the engine balance chains; premature failure of the fuel pump plunger seal; fuel leaks into the crankcase; rough running of the engine; e...
2018.10.4 Motion for Summary Adjudication 299
Location: Sacramento
Judge: Brown, David I
Hearing Date: 2018.10.4
Excerpt: ...Deed), the third for Breach of Contract, the fourth for Breach of Implied Contract, the fifth for Breach of Fiduciary Duty, the sixth for Breach of Fiduciary Duty, the seventh for Fraud ‐ Concealment, the eighth for Fraud ‐ Concealment, the ninth for Fraud Intentional Misrepresentation, the tenth for Fraud ‐ Intentional Misrepresentation, the eleventh for Negligence, the twelfth for Negligence, the thirteenth for Violation of B&P §17200, a...
2018.10.4 Motion for Terminating Sanctions 373
Location: Sacramento
Judge: Brown, David I
Hearing Date: 2018.10.4
Excerpt: ...e Court ordered Plaintiff to provide further responses without objections to the requests for production no later than May 25, 2018. Sanctions were not awarded. There has been no other discovery order in this action. Defendant now seeks terminating and monetary sanctions for the failure to comply with the Court's order. Plaintiff opposes the motion on the basis that she has provided supplemental responses since the motion was filed indicating tha...
2018.10.4 Motion to Compel Arbitration 593
Location: Sacramento
Judge: Brown, David I
Hearing Date: 2018.10.4
Excerpt: ...s to compel arbitration of this uninsured motorist action and to have the Court appoint an arbitrator pursuant to Insurance Code § 11580.2(f) and CCP § 1281.2. Insurance Code §11580.2(f) requires that an underinsured motorist policy contain a provision requiring arbitration by a single neutral arbitrator. The Court shall order the parties to arbitrate a controversy “if it determines that an agreement to arbitrate the controversy exists…”...
2018.10.3 Petition to Relieve Petitioner from Requirements of Government Code 945.5 385
Location: Sacramento
Judge: Brown, David I
Hearing Date: 2018.10.3
Excerpt: ...epartment of Transportation (“DOT”) and driven by DOT's employee, Mr. Casey Carrol Simonsen (“Mr. Simonsen”). (Arnold Decl. ¶ 4.) Plaintiff has alleged injuries due to the collision. (Ibid.) Plaintiff filed a government claim on June 9, 2017. (Declaration of Carol A. Wieckowski (“Wieckowski Decl.”) ¶ 3, Exh. A.) On June 15, 2017, the County of Sacramento mailed Plaintiff a Notice of Insufficiency of Claim, refusing to accept the cla...
2018.10.3 Motion to Recall and Set Aside Writ of Execution and Notice of Levy 967
Location: Sacramento
Judge: Brown, David I
Hearing Date: 2018.10.3
Excerpt: ...from Defendant at 8005 Sunset Avenue in Fair Oaks, California. In July, 2010, a default judgment was obtained against Defendant for the amount of $75,000 for each plaintiff, for a total of $150,000 at a default prove‐up hearing before the Hon. Kevin R. Culhane (the “Judgment”). (ROA 69 ["This cause came on for hearing on July 14, 2010 before the Honorable Kevin Culhane, Judge presiding in Department 53 of the above‐entitled court, Lyl...
2018.10.3 Motion to Compel Arbitration 543
Location: Sacramento
Judge: Brown, David I
Hearing Date: 2018.10.3
Excerpt: ...the Court accepts the fact of their existence, not the truth of their contents. Factual and Procedural Background This action arises from the employment by Trifecta of plaintiff Cooper Scott Thornton and Jodi Charter. Mr. Thornton was hired on June 23, 2016, as a Customer Experience Manager. On or around June 25, 2016, Mr. Thornton signed his Agreement for Employment and a separate Arbitration Agreement. (Mr. Connolly Decl. ¶ 6, Exhs. C, D.) Ms....
2018.10.2 Motion to Set Aside Default 943
Location: Sacramento
Judge: Brown, David I
Hearing Date: 2018.10.2
Excerpt: ...tending that he damaged their vehicle when he hit it while riding his motorcycle. Cross‐complainants had stopped to avoid hitting a police vehicle and Gutierrez then collided with cross‐defendants. Almost three years later, on June 22, 2018, the summons and cross‐complaint were mailed to Plaintiff's counsel's office. Adding five days for mailing, the Answer was due on or before July 27, 2018. Default was entered only one week later ...
2018.10.2 Motion to Amend Judgment 237
Location: Sacramento
Judge: Brown, David I
Hearing Date: 2018.10.2
Excerpt: ...in the court on‐line filing system, CCMS. On November 25, 2015, plaintiff filed suit against defendants for damages arising out of his employment by defendants, contending they failed to pay him minimum wage and overtime. Plaintiff was employed by defendants as a caregiver in their commercial residential care facility for children with developmental disabilities. After mediation, the parties signed a stipulation for entry of judgment on April 2...
2018.10.2 Motion for Attorney Fees Post-Appeal 789
Location: Sacramento
Judge: Brown, David I
Hearing Date: 2018.10.2
Excerpt: ...suant to Cal. Code of Civil Procedure section 1033.5(a)(10), Cal. Code of Civil Code sections 1717 and 5975, and 42 U.S.C. 1988 in the amount of $35,000.00. The motion is made on the basis that Locke is the prevailing party on the appeal filed November 28, 2016 by Defendant Martha Esch in Appeal Case No. C082055. The 3rd District Court of Appeal entered a remittitur on August 7, 2018 after dismissing the appeal. The remittitur specifies that the ...
2018.10.1 Motion for Summary Judgment 693
Location: Sacramento
Judge: Talley, Jill H
Hearing Date: 2018.10.1
Excerpt: ...n the Park. Defendants seek summary judgment on the basis that they owed no duty to Plaintiff and in any event Plaintiff cannot show causation. In evaluating a motion for summary judgment or summary adjudication the court engages in a three step process. The Court first identifies the issues framed by the pleadings. The pleadings define the scope of the issues on a motion for summary judgment or summary adjudication. (FPI Dev. Inc. v. Nakashima (...
2018.10.1 Motion to Compel Deposition, Production of Docs 661
Location: Sacramento
Judge: Talley, Jill H
Hearing Date: 2018.10.1
Excerpt: ...he Court considered the opposition filed on September 26, 2018. Trial is set for October 16, 2018. Pursuant to CCP § 2025.450(a), where a deposition notice has been properly served and the party subject to the notice fails to appear or proceed with it, the party serving the notice may move for an order compelling the deponent's attendance and testimony. Defendant originally noticed Plaintiff's deposition for May 10, 2018. Plaintiff's counsel obj...
2018.10.1 Motion for Protective Order 063
Location: Sacramento
Judge: Talley, Jill H
Hearing Date: 2018.10.1
Excerpt: ...he Pars Oaks Subdivision and contracting with buyers without a valid public report. Plaintiffs allege that Defendants breached their sales contract by failing and refusing to close escrow and that the house at issue was eventually sold to a third party for more than $350,000 more than they were going to buy it for. At issue on this motion and Plaintiffs' two motion to compel Defendants discovery responses also on today's calendar, are Defendant's...
2018.10.1 Demurrer 097
Location: Sacramento
Judge: Talley, Jill H
Hearing Date: 2018.10.1
Excerpt: ...llegedly electrocuted when his tree trimming tool came into contact with a SMUD power line. Plaintiff Francisco Rodriguez, Margarito's son witnessed the incident. Plaintiffs allege causes of action for negligence, premises liability, negligent infliction of emotional distress and loss of consortium. With respect to the loss of consortium claim, it is alleged by Plaintiff Margarito's spouse “Roe 1.” However, as Defendant points out, Margarito'...
2018.9.28 Motion to Require Out-of-State Witnesses to Testify 995
Location: Sacramento
Judge: Acquisto, Stephen
Hearing Date: 2018.9.28
Excerpt: ...follows. This action arises from orders obtained by the Office of the Attorney General (the “AG”) requiring three charities, MAP International (“MAP”), Catholic Medical Mission Board (“CMMB”), and Food for the Poor (“FFP”), to cease and desist certain solicitations that were based on how these charities accounted for donations called “Gifts in Kind” or “GIKs.” Each charity immediately complied with the order, but appealed ...
2018.9.28 Motion to Dismiss 087
Location: Sacramento
Judge: Acquisto, Stephen
Hearing Date: 2018.9.28
Excerpt: ...ailable by COURTCALL, to participate in oral arguments. Defendant County of Sacramento's (named herein as Sacramento County Main Jail) (“Defendant”) motion to dismiss plaintiff Dena Marks' (“Plaintiff”) complaint for failure to serve Defendant within three years is UNOPPOSED and is GRANTED. Plaintiff filed her complaint against Defendant on July 15, 2013. (ROA 1.) To date, Plaintiff has never served Defendant with the complaint. Defendant...
2018.9.28 Motion for Summary Judgment, Adjudication 627
Location: Sacramento
Judge: Acquisto, Stephen
Hearing Date: 2018.9.28
Excerpt: ...., § 437c, subd. (q).) Factual Background This action arises from Defendant's employment of plaintiff Lisa Casey. Plaintiff was employed as a night manager in the Emergency Department (“ED”) at Defendant's Morse Avenue hospital from 2008 to 2015. One of Plaintiff's nurse subordinates (nurse John Doe) had received a DUI and wanted to participate in an alcohol abuse treatment program (the “diversion program”) with a company called Maximus ...
2018.9.28 Motion for Production of Docs 058
Location: Sacramento
Judge: Acquisto, Stephen
Hearing Date: 2018.9.28
Excerpt: ...statement regarding the results of those efforts. The Parties have filed the joint statement indicating the issues that were resolved and those that remain. The motion to compel is now ruled upon as follows. Factual and Procedural Background This case involves allegations against six skilled nursing facilities (Cathedral Pioneer Church Homes II, Congregational Church Retirement Community, Bixby Knolls Towers, Inc., Gold Country Health Center, May...
2018.9.27 Motion to Strike Punitive Damages 729
Location: Sacramento
Judge: Acquisto, Stephen
Hearing Date: 2018.9.27
Excerpt: ...liber Bodyworks, Inc. v. Superior Court (2005) 134 Cal.App.4th 365, 384‐385 ["The appropriate procedural device for challenging a portion of a cause of action seeking an improper remedy is a motion to strike."]) As such, it is appropriate to bring a motion to strike when a complaint improperly seeks punitive damages. (Id.; see also Venice Town Council, Inc. v. City of Los Angeles (1996) 47 Cal.App.4th 1547, 1561‐1562; Grieves v. Sup.C...
2018.9.27 Motion to Quash Service of Summons 149
Location: Sacramento
Judge: Acquisto, Stephen
Hearing Date: 2018.9.27
Excerpt: ... does not have personal jurisdiction over defendant Masters because defendant Masters has no minimum contacts with the State of California. This case is one of three lawsuits that have been and are being litigated by plaintiff David Masters against his father, defendant Roy Masters, and his brothers Alan and Michael Masters regarding a nonprofit corporation known as The Foundation of Human Understanding ("FHU"). Michael is a resident of t...
2018.9.27 Motion to Contest Good Faith Settlement Determination 835
Location: Sacramento
Judge: Acquisto, Stephen
Hearing Date: 2018.9.27
Excerpt: ...re involved in a two vehicle accident at the intersection of SR 16 and Eagles Nest Road in Sacramento. Cross defendant Gregory S. Lagoda was driving a vehicle on Highway 16 that hit plaintiff's vehicle as plaintiff was proceeding through the intersection. Plaintiff alleges that Ali failed to stop completely and proceeding through the intersection in a negligent manner. Ali contends that he stopped the vehicle at the intersection stop sign, an...
2018.9.27 Demurrer 717
Location: Sacramento
Judge: Acquisto, Stephen
Hearing Date: 2018.9.27
Excerpt: ...34; Plaintiff alleges she was not paid for all hours worked. "Specifically, she was not paid for all non‐drive time. Defendants deducted an hour of non‐drive time in calculating Plaintiff's non‐drive time." (Complaint ¶ 8) Plaintiff also alleges she was not afforded "lawful meal and rest breaks free from duty. She alleges "Plaintiff's wage statements do not evidence that Plaintiff was paid a separate hourly rate for...
2018.1.5 Motion to Compel Compliance with Subpoena 939
Location: Sacramento
Judge: Brown, David I
Hearing Date: 2018.1.5
Excerpt: ...e subpoena, issued on August 25, 2017, calls for the presence and testimony of Ms. Stephanie Reyes, whom Plaintiff identifies as having information and evidence that would support her claims. According to Plaintiff's sworn statement, Ms. Reyes appeared at the hearing as required by the subpoena but refused to be sworn in and testify as a witness. Following Ms. Reyes' refusal to testify, the hearing DLSE hearing officer continued the hearing and d...
2018.1.5 Motion to Compel Production, for Protective Order 206
Location: Sacramento
Judge: Brown, David I
Hearing Date: 2018.1.5
Excerpt: ...Protective Order and (4) for Relief from Deposition Time Limit is GRANTED in part, as set forth below. The Court continued Defendant John Sorensen's Motion for Protective Order Terminating his Deposition, or in the Alternative for the Appointment of a Referee is to be heard and determined by the Court concurrently with Plaintiff's motion to (1) Compel Sorensen's further deposition; (2) to Compel further Document Production,(3) for Protective Orde...
2018.1.5 Motion to Compel Responses 573
Location: Sacramento
Judge: Brown, David I
Hearing Date: 2018.1.5
Excerpt: ...as served no less than 11 sets of written discovery, which comprises 212 interrogatories, 14 requests for production of documents, and 21 requests for admissions. The special interrogatories at the heart of this motion (67 interrogatories) were served on October 19, 2016. Exactly one year later on October 19, 2017, Mr. Black discovered that Defendant never served responses to the special interrogatories. Mr. Black contacted defense counsel Chris ...
2018.1.5 Motion to Seal Record 029
Location: Sacramento
Judge: Brown, David I
Hearing Date: 2018.1.5
Excerpt: ...ovision of legal advice in investing in a medical marijuana cultivation operation on native lands of two Northern California tribes. Plaintiffs now seek to seal certain portions of the Court's existing public record (i.e., prior complaints, demurrers and oppositions thereto, requests for judicial notice, and motions to stay and documents related thereto). Plaintiffs argue that these records include “extensive discussion of privileged attorney...

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