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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...
2018.11.13 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 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 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 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 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 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 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...
2018.11.6 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...
2018.11.5 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...
2018.10.15 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...
2018.10.15 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 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 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 ...
2018.10.12 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 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...
2018.10.12 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, 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 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 ...
2018.10.11 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, 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...
2018.10.11 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 ...
2018.10.10 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 ...
2018.10.10 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...
2018.10.1 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 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 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 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 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...
2018.9.28 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 ...
2018.9.27 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 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...
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 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 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...

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