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2882 Results

Location: Sacramento x
2020.02.19 Motion for Protective Order 850
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2020.02.19
Excerpt: ... waives any objection that notice was not proper. (Bohn v. Bohn (1913) 164 Cal. 532; Carlton v. Quint (2000) 77 Cal.App.4th 690, 696‐698.) Here, A. Vrame was able to oppose the motion on its merits and has raised no argument that the insufficient service was prejudicial to him in preparing his opposition. Thus, the Court has jurisdiction to consider the motion on its merits. Overview This action was commenced in October 2016 and the complaint p...
2020.02.19 Demurrer 997
Location: Sacramento
Judge: Brown, David I
Hearing Date: 2020.02.19
Excerpt: ...d declaration was filed and the Court therefore presumes that the parties were unable to resolve the issues raised by the demurrer. In this action, Plaintiff alleges that his home was damaged in a fire and that he engaged Defendant, who is engaged in fire restoration and recovery services, to create a loss inventory of damaged property for the purpose of reporting the loss and creating a claim with Plaintiff's insurance company. (Comp. ¶¶ 6‐8...
2020.02.19 Motion for Class Certification 659
Location: Sacramento
Judge: Brown, David I
Hearing Date: 2020.02.19
Excerpt: ...ant Cobalt Real Estate Brokers Inc. (“Cobalt”) is GRANTED IN PART AND DENIED IN PART, WITHOUT PREJUDICE. Riverland and Cobalt filed separate Oppositions to the instant motion. Plaintiffs filed a Reply to each Opposition. No separate evidentiary objections were filed. Background Plaintiffs filed a Complaint ‐ on behalf of themselves individually and on behalf of others similarly situated ‐ against Riverland and Cobalt, alleging that these ...
2020.02.18 Motion to Stay Proceedings, Compel Arbitration 872
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2020.02.18
Excerpt: ...2 is SUSTAINED to the extent it improperly summarizes the content in the Wohl Declaration, Ex. C. Plaintiff's objections on reply are OVERRULED. In its discretion, the Court has considered the evidence submitted by Defendant on reply. Plaintiff's opposition raised multiple issues regarding breach, waiver, and unconscionability that were not discussed in the moving papers. Accordingly, Defendant may provide evidence on reply to respond to the new ...
2020.02.18 Motion for Judgment on the Pleadings 847
Location: Sacramento
Judge: Brown, David I
Hearing Date: 2020.02.18
Excerpt: ...y at a trustee sale. Bakey should have received a trustee's deed to the property following the trustee's sale, but learned on September 27, 2017 that Zarate and Defendant Maria Camacho had recorded a grant deed four days prior to the trustee's sale which purported to convey the property to Defendants Robert Sedlar and Steven Rogers. On September 28, 2017, Bakey filed the instant litigation seeking to, inter alia, quiet title to the property. Zara...
2020.02.18 Demurrer 025
Location: Sacramento
Judge: Brown, David I
Hearing Date: 2020.02.18
Excerpt: ...ations in Plaintiff's complaint, as well as language related to Plaintiff's UCL claims. The Court rules as follows. The notice of motion does not provide notice of the Court's tentative ruling system, as required by Local Rule 1.06(A). Defendants' counsel is directed to contact Plaintiff's counsel forthwith and advise counsel of Local Rule 1.06 and the Court's tentative ruling procedure. If Defendants' counsel is unable to contact Plaintiff's cou...
2020.02.14 Motion to Compel Depositions 422
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2020.02.14
Excerpt: ...t will be addressed at the hearing. The parties are also reminded that pursuant to local rules, only limited oral argument is permitted on law and motion matters. *** Factual Background This is a personal injury action arising from a motor vehicle accident in February 2017. Plaintiff alleges she was at the time a passenger in a car driven by defendant Dockery, a driver for defendant Lyft who rear‐ended another car at a high rate of speed. Plain...
2020.02.14 Motion for Approval of Settlement and Dismissal 409
Location: Sacramento
Judge: Brown, David I
Hearing Date: 2020.02.14
Excerpt: ...arises from Plaintiff's employment with Defendant, a franchisee of Mod Pizza restaurants in the Sacramento Valley region. Plaintiff was employed by Defendant from mid‐2017 until after the commencement of this action. Plaintiff filed this action on June 26, 2019, alleging wage and hour violations against Defendant on a class wide basis. (ROA 1.) Defendant was served on July 15, 2019. (ROA 14.) Defendant terminated Plaintiff's employment on July ...
2020.02.14 Motion to Compel Arbitration 375
Location: Sacramento
Judge: Brown, David I
Hearing Date: 2020.02.14
Excerpt: ...inancing of a used 2008 Suzuki XL7 from Car Hop in July 2016. Plaintiff signed a Motor Vehicle Retail Installment Contract (“RISC”) with Car Hop, which Car Hop then assigned to UAC. (Complaint ¶¶ 3, 4, 9, 13, Exh. A; Griffin Car Hop Decl. ¶ 3, Exh. A.) Plaintiff filed her complaint on July 11, 2019 alleging claims for fraud, intentional misrepresentation, concealment, breach of contract, and breach of good faith and fair dealing. Plaintiff...
2020.02.14 Motion for Final Approval of Class Action Settlement 855
Location: Sacramento
Judge: Brown, David I
Hearing Date: 2020.02.14
Excerpt: ...dress in its notice of motion. The correct address for Department 53 of the Sacramento County Superior Court is 813 6th Street, Sacramento, California 95814. Plaintiffs shall notify Defendants immediately. On June 12, 2018, Plaintiff Araz Parseghian (“Parseghiah”) filed a class action complaint against defendant HomeStreet Bank (“Defendant”) in the Superior Court for the State of California, County of Alameda, entitled Araz Parseghian, in...
2020.02.14 Motion to Compel Further Responses, for Protective Order 416
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2020.02.14
Excerpt: ...submitted by Mahan to CARB seeking records related to what he refers to as the Volkswagen TDI emissions scandal. When CARB failed to produce the requested records immediately, Mahan filed the present action seeking a writ of mandate commanding CARB to comply with his request. The Court has issued numerous orders over the long course of this case. On September 1, 2017, it issued what it thought would be its final order. The final order explains th...
2020.02.14 Motion to Disqualify Attorney's Firm 819
Location: Sacramento
Judge: Brown, David I
Hearing Date: 2020.02.14
Excerpt: ...ento, California (the “Real Property”). The following provides background facts relevant to this instant motion. In late 2005, Defendant and his then wife, Anita Korbelik, discussed retaining the law firm of Drobny Law Offices, Inc. (“Drobny Law”) to represent them with regard to preparing an estate plan. On November 23, 2005, Drobny Law mailed a letter to Defendant and Mrs. Korbelik, titled “Waiver of Potential Conflict of Interest/Fee...
2020.02.14 Motion to Enforce Settlement 682
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2020.02.14
Excerpt: ... and advise him/her of Local Rule 1.06 and the Court's tentative ruling procedure and the manner to request a hearing, along with the correct address for Dept. 53/54. If moving counsel is unable to contact opposing counsel prior to hearing, moving counsel is ordered to appear at the hearing in person or by telephone. Moving counsel failed to comply with CRC Rule 3.1110(b)(3)‐(4). According to the moving papers, plaintiffs and defendant settled ...
2020.02.14 Motion to Enforce Settlement and Joinder 301
Location: Sacramento
Judge: Brown, David I
Hearing Date: 2020.02.14
Excerpt: ... July 29, 2013, and May 15, 2015. In the first accident, which occurred on July 29, 2013, Gurpreet Sidhu and his wife, Plaintiff, were rear‐ended by Ms. Nishimura. In the second accident, which occurred on May 15, 2015, Plaintiff, her husband, and their son were hit by a tractor‐trailer driven by defendant Juan Antonio Castaneda (“Mr. Castaneda”) while in the course and scope of his employment with defendant Fast Lane Transportation, Inc....
2020.02.13 Motion to Strike 311
Location: Sacramento
Judge: Brown, David I
Hearing Date: 2020.02.13
Excerpt: ...for violation of Civil Code section 2941 [Certificate of discharge; Request for full reconveyance; Damages for violations; Fee for services connected with reconveyance]. Cross‐defendant contends that the cause of action for violation of Civil Code Section 2941 arises out of her litigation conduct in representing HSBC Bank USA and in filing the Complaint for quiet title on behalf of HSBC Bank USA. Hamilton contends this litigation activity is co...
2020.02.13 Motion to Strike (SLAPP) 138
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2020.02.13
Excerpt: ...ion on the motion. Overview The Complaint alleges a single cause of action for fraud against Defendants arising from litigation filed in 2003 by the Sacramento Metropolitan Air Quality District (the “District”) against Jerome H. Sprague in his individual and representative capacities and the Jerome H. Sprague Family Revocable Trust (the “Trust”). The 2003 litigation concerned violations of regulations governing the removal of asbestos con...
2020.02.13 Motion to Expunge Lis Pendens 949
Location: Sacramento
Judge: Brown, David I
Hearing Date: 2020.02.13
Excerpt: ...sustained as to Nos. 1‐3, Overruled as to No. 4. Defendant's Evidentiary objections to the Alex Reyter are sustained. Defendant's Evidentiary objections to the Corey Travis are sustained as to No. 1, No. 2 as to (a) ‐ (d). overruled as to 2(e). Overruled as to No. 3. At the outset, no party contests that a real property claim is presented here. A brief overview of the salient legal authority is perhaps appropriate as a backdrop to the Court's...
2020.02.11 Motion to Stay or Dismiss Action 214
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2020.02.11
Excerpt: ...ty, Oregon; (b) to waive any challenge to the Oregon court's jurisdiction; (c) to waive any applicable statute of limitation in Oregon; (d) to be bound by and to satisfy any judgment rendered by the Oregon court; and (e) make documents in their possession and witnesses available in Oregon, at their expense. I. Overview This is a wrongful death action arising from an automobile accident that occurred in Jackson County, Oregon on 7/24/2019. Plainti...
2020.02.11 Motion to Disqualify Counsel 594
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2020.02.11
Excerpt: ...on of Sarah Fritz, submitted on reply, are OVERRULED. The Court finds that the Fritz Declaration, submitted on reply, is responsive to Ms. White's assertions in her declaration, submitted in opposition, that Ms. White and Ms. Fritz did not have any confidential communications. It is further responsive to the implication inherent in Ms. White's declaration that the communications attached as an exhibit were wholly representative of Ms. White and M...
2020.02.11 Motion for Attorney Fees 360
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2020.02.11
Excerpt: ...Kamar Singh (“Singh”) and Kent Hogan (collectively “Plaintiffs” or “Buyer”) are the assignees of two Vacant Land Purchase Agreements (“Purchase Agreements”) and Joint Escrow Instructions. Escrow failed to close on time and Defendants refused to close on the properties and retained the deposits. The First Amended Complaint asserted causes of action for: (1) declaratory relief, (2) promissory estoppel, (3) specific performance, and ...
2020.02.11 Demurrer 405
Location: Sacramento
Judge: Brown, David I
Hearing Date: 2020.02.11
Excerpt: ...lure to name an indispensable party. In this case arising out of foreclosure proceedings, plaintiff alleges causes of action for wrongful foreclosure, fraud, Violation of Business & Professions Code section 17200, and quiet title. The demurrer is sustained with leave to amend for failure to state facts sufficient to constitute a cause of action. (CCP § 430.10(e).) The demurrer is also sustained for a defect or misjoinder of parties. CCP 430.10(d...
2020.02.11 Demurrer 176
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2020.02.11
Excerpt: ...a (“Property”). Defendants failed to pay the rent for November 2019 on or before 11/5/ 2019. Plaintiff served a three day notice to pay or quit on 11/6/2019 (“November Notice”). Defendants failed to comply. Plaintiff served a notice of termination on 11/13/2019 indicating that the lease was terminated and demanded that Defendants vacate the Property (“Termination Notice”). Defendants again refused to comply. On 12/13/2019, Plaintiff s...
2020.02.11 Demurrer 088
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2020.02.11
Excerpt: ...ers. *** Defendant The Ezralow Company, LLC's (“TEC") demurrer to Plaintiff Taylor Lee's Second Amended Complaint (“SAC”) is ruled upon as follows. I. Overview This is an employment action. Plaintiff was employed with TEC as a property manager. In December 2017 she received a poor performance review which resulted in her being placed on a performance improvement plan. Plaintiff maintains that her work performance improved significantly but ...
2020.02.10 Motion to Disqualify Attorney 594
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2020.02.10
Excerpt: ...nally under seal, is OVERRULED. Defendants' objections to the Declaration of Sarah Fritz, submitted on reply, are OVERRULED. The Court finds that the Fritz Declaration, submitted on reply, is responsive to Ms. White's assertions in her declaration, submitted in opposition, that Ms. White and Ms. Fritz did not have any confidential communications. It is further responsive to the implication inherent in Ms. White's declaration that the communicatio...
2020.02.10 Motion for Summary Judgment, Adjudication 868
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2020.02.10
Excerpt: ...tative ruling procedure and the manner to request a hearing. If moving counsel is unable to contact the other parties prior to the hearing, moving counsel is ordered to appear at the hearing in person or by telephone. The motion of Plaintiffs Cosis, LLC; Brenda Barnicle; Brenda M. Codding; Dorothy F. Marshall, Trustee; Kimberly Stewart; and Stephen M. Stewart (collectively “Plaintiffs”) for summary judgment, or in the alternative, summary adj...

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