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2405 Results

Location: Sacramento x
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...
2018.11.13 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...
2018.11.9 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...
2018.11.9 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...
2018.11.8 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...
2018.11.8 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...
2018.11.7 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 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...
2018.11.6 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 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 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...
2018.11.5 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...
2018.10.1 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'...
2018.10.1 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 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 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 (...
2018.9.28 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 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...
2018.9.27 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 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 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...

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