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2405 Results

Location: Sacramento x
2018.7.24 Motion for Approval of Settlement 347
Location: Sacramento
Judge: Brown, David I
Hearing Date: 2018.7.24
Excerpt: ...es between August 7, 2016 and July 27, 2018 or the date the Court approves the settlement, whichever is earlier. The PAGA claims were premised on six alleged violations of Labor Code (e.g., failure to pay wages, failure to provide meal and rest breaks, failure to provide itemized wage statements). Approximately 323 employees suffered the alleged Labor Code violations during the relevant period. Plaintiff calculated Flowmaster's maximum potential ...
2018.7.24 Demurrer 879
Location: Sacramento
Judge: Brown, David I
Hearing Date: 2018.7.24
Excerpt: ...raud and Conversion.” (Comp. Att. A.) Plaintiff alleges that pursuant to the will of Guy Wilson, he was entitled to possession of a “certain motor vehicle.” He alleges that Defendant intentionally and substantially interfered with his property by “fraudulently and by means of forgery taking possession and title to the vehicle and preventing Plaintiff from having access to the vehicle, and refusing to return the vehicle. Plaintiff did not ...
2018.7.24 Application to Seal, Motion for Summary Judgment, Adjudication 661
Location: Sacramento
Judge: Brown, David I
Hearing Date: 2018.7.24
Excerpt: ...jurisdiction to consider the motion. (Lee v Placer Title Co. (1994) 28 Cal.App.4th 503, 509, 511.) Although the matter is dropped, the Court must also note that Plaintiff apparently sought to seal the entirety of her papers in opposition to the Defendants' motion for summary judgment as opposed to simply sealing the portions that specifically refer to her medical records/condition. While medical records are presumptively private and may afford a ...
2018.7.23 Petition for Relief from Provisions of Government 385
Location: Sacramento
Judge: Brown, David I
Hearing Date: 2018.7.23
Excerpt: ...ted a written claim to the public entity. (Govt. Code sec. 905, 945.4.) For claims involving injury to a person, claims must be presented to the public entity within six months of the accrual of the cause of action Govt. Code sec. 911.2(a). Failure to present the claim is a bar to the cause of action. In other words, the Act requires the timely presentation of a written claim for money or damages directly to a public entity, and the rejection of ...
2018.7.23 Motion to Strike 951
Location: Sacramento
Judge: Brown, David I
Hearing Date: 2018.7.23
Excerpt: ...rike is DENIED. If a party desires to receive the same relief as another party and files papers "joining" another party's motion, the court will not consider the papers to be a separate motion and will not grant relief to the party joining the motion unless that party has complied with all procedural requirements for the filing of motions, including payment of filing fees, proper notice, format of motion and method of service. (Sacram...
2018.7.23 Motion to Quash Subpoena 951
Location: Sacramento
Judge: Brown, David I
Hearing Date: 2018.7.23
Excerpt: ... to a Government or Law Enforcement Agency and Disability Discrimination. Plaintiff complained that her co‐ worker was using dirty scopes on patients and Dignity determined after investigation that plaintiff was not cleaning her scopes. Plaintiff alleges she was terminated due to her complaint and a physical disability. CCP 1987.1 provides: (a) If a subpoena requires the attendance of a witness or the production of books, documents, electronica...
2018.7.23 Motion to File Complaint 569
Location: Sacramento
Judge: Brown, David I
Hearing Date: 2018.7.23
Excerpt: ...f patients' bill of rights against defendants Plum Healthcare Group, LLC and Oleander Holdings, LLC dba Sacramento Post‐Acute (collectively, “Defendants”). Plaintiffs filed their First Amended Complaint on March 22, 2016. Defendants filed a petition to compel arbitration on February 18, 2016, which this Court denied on April 6, 2016. Defendants appealed this decision and this matter was stayed on June 7, 2016, pending resolution of the appe...
2018.7.23 Motion to Compel Further Responses 229
Location: Sacramento
Judge: Brown, David I
Hearing Date: 2018.7.23
Excerpt: ...customers stopped using plaintiff's managed IT network services during the year defendant resigned. Plaintiff contends one customer was billed for services by defendant's new company while he was still employed by plaintiff. Defendant contends that he merely informed his customers that he had left employment with plaintiff and started his own company. Plaintiff contends that the identity of its customers is a trade secret, including their...
2018.7.23 Motion for Determination of Good Faith Settlement 495
Location: Sacramento
Judge: Brown, David I
Hearing Date: 2018.7.23
Excerpt: ...ed a complaint against Defendant/Cross‐Complainant. Defendant/CrossComplainant then filed a cross‐complaint against subcontractors related to the claims in Plaintiffs' complaint. Plaintiffs and Defendant have asserted numerous claims of construction defects related to the homes. Capital installed and inspected drywall in 53 of the homes. Capital denies any liability but settled with Defendant/CrossComplainant for $26,500 (53 homes at $500...
2018.7.23 Demurrer, Motion to Strike 181
Location: Sacramento
Judge: Brown, David I
Hearing Date: 2018.7.23
Excerpt: ...on against HMA: (1) violation of the Song Beverly Act (Civil Code § 1770 et seq.); (2) fraudulent concealment; and (3) fraudulent inducement. HMA demurs again to the second and third causes of action. The demurrer is sustained without leave to amend on the basis that the second and third causes of action fail to state facts sufficient to state a cause of action against HMA. (CCP § 430.10(e).) The demurrer is sustained for the reasons stated in ...
2018.7.20 Motion to Vacate or Set Aside Judgment 143
Location: Sacramento
Judge: Brown, David I
Hearing Date: 2018.7.20
Excerpt: ...that she was never served on May 26, 2010 with the summons and complaint. The proof of service by the registered process server states that Defendant was served by substitute service at 812 Arthur Drive, West Sacramento. The person was served was Helen M. Lands, co‐defendant, who is described as her co‐ tenant and mother. (See Proof of service ROA No. 7) The return of process or notice, made by a registered process server (see California Busi...
2018.7.20 Motions to Compel 229
Location: Sacramento
Judge: Brown, David I
Hearing Date: 2018.7.20
Excerpt: ...uction No. 1 is granted/denied as set forth below. Defendant left his employment with plaintiff in 2013 and started his own IT support firm. Plaintiff contends that eleven of plaintiff's current customers stopped using plaintiff's managed IT network services during the year defendant resigned. Plaintiff contends one customer was billed for services by defendant's new company while he was still employed by plaintiff. Defendant contends...
2018.7.20 Motion to Strike 853
Location: Sacramento
Judge: Brown, David I
Hearing Date: 2018.7.20
Excerpt: ...nied. Defendant's Request for Judicial Notice is granted. Defendant's Objection to Evidence is sustained. In any event, the declaration is irrelevant to the issue to be decided in this motion. On May 24, 2018 the Court ordered that the request for $115,000 in damages in the FAC be stricken on a motion to strike. Although the Court could have merely deemed the language stricken from the FAC without the need for an Amended Answer, the Court...
2018.7.20 Motion to Set Aside, Quash Default and Judgment 967
Location: Sacramento
Judge: Brown, David I
Hearing Date: 2018.7.20
Excerpt: ...009 and the default judgment entered on July 22, 2010 is denied. Plaintiff's Request for Judicial Notice is granted. Plaintiffs in this action sued defendant alleging substandard housing at a residence they rented from defendant at 8005 Sunset Avenue in Fair Oaks, California. 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. Kev...
2018.7.20 Motion to Set Aside Default, Judgment 915
Location: Sacramento
Judge: Brown, David I
Hearing Date: 2018.7.20
Excerpt: ...eeks to set aside a default entered March 6, 2017 and a default judgment entered August 24, 2017 pursuant to CCP 473.5 and CCP 473(d). Pursuant to CCP 473.5, a party may move to set aside a default or default judgment within two years of the entry if they can establish that they had no actual notice of the lawsuit in time to file an Answer, even in cases where the substituted service was technically proper. Under CCP 473(d),"[t]he court may, ...
2018.7.20 Motion to Quash Subpoena, Compel Production 951
Location: Sacramento
Judge: Brown, David I
Hearing Date: 2018.7.20
Excerpt: ...with her subsequent employer is GRANTED. CCP 1987.1 This is an employment action in which plaintiff alleges causes of action for Retaliation for Disclosure of Information to a Government or Law Enforcement Agency and Disability Discrimination. Plaintiff complained that her co‐worker was using dirty scopes on patients and Dignity determined after investigation that plaintiff was not cleaning her scopes. Plaintiff alleges she was terminated due t...
2018.7.20 Motion for Judgment on the Pleadings 451
Location: Sacramento
Judge: Brown, David I
Hearing Date: 2018.7.20
Excerpt: ...mplaint is denied. Plaintiff has filed a Third Amended Complaint on June 14, 2018 and defendant has a pending demurrer to that pleading, set for hearing on August 3, 2018. Thus, this motion is moot as it is addressed to an inoperative pleading. To be clear, an amendatory pleading supersedes the original one, which ceases to perform any function as a pleading. Thus, an amended complaint supersedes all prior complaints. The amended complaint furnis...
2018.7.20 Demurrer 563
Location: Sacramento
Judge: Brown, David I
Hearing Date: 2018.7.20
Excerpt: ...to amend for failure to state facts sufficient to constitute a cause of action. Plaintiff, Trustee of Hardial Singh Hunju 1996 Trust, alleges that decedent, Hardial Singh Hunju, hired Sushil Bhopla as his live‐in caregiver after his wife died. Defendants Rhony and Veepak ("Vee") Bholpa are Sushil's daughter and son, respectively. The Court will refer to the parties Sushil, Rhony and Vee to distinguish them since they all share the s...
2018.7.20 Application to Seal Record, Motion to Dismiss 249
Location: Sacramento
Judge: Brown, David I
Hearing Date: 2018.7.20
Excerpt: ... Harris, and Bradley Mannion seek an order sealing portions of the Declaration of Stuart C. Talley in Support of Request for Dismissal, pursuant to CRC 2.550 and 2.551. Paragraphs 4‐6 of the Talley Declaration contain information pertaining to individual settlement agreements that the parties have previously agreed is confidential. Dissemination of such content to third parties could impact the interests of the parties to this lawsuit. The seal...
2018.7.19 Motion for Reconsideration 479
Location: Sacramento
Judge: Brown, David I
Hearing Date: 2018.7.19
Excerpt: .... Plaintiff moves for reconsideration of the order granting the fees' motion. “When an application for an order has been made to a judge, or to a court, and refused in whole or in part, or granted, or granted conditionally, or on terms, any party affected by the order may, within 10 days after service upon the party of written notice of entry of the order and based upon new or different facts, circumstances, or law, make application to the same...
2018.7.19 Motion for Attorneys' Fees, to Tax Costs 749
Location: Sacramento
Judge: Brown, David I
Hearing Date: 2018.7.19
Excerpt: ...here is no basis for an award of attorneys' fees where, as here, the case was dismissed prior to trial. In reply Defendant recognizes this controlling authority cited by Plaintiff and withdraws the motion. Defendant concedes that he has no basis for fees. Defendant's counsel declares that he had a mistaken but good faith belief regarding the availability of fees.. The Court declines Plaintiff's request in opposition to issue an OSC as to why ...
2018.7.19 Demurrer, Motion for Reclassification 373
Location: Sacramento
Judge: Brown, David I
Hearing Date: 2018.7.19
Excerpt: ...” (Walker v. Superior Court (1991) 53 Cal.3d 257, 269‐270.) In this action involving a dispute over the rental of a storage unit, Defendant moves to reclassify the matter from an unlimited action to a limited action. As seen from the Court's ruling on Defendants' demurrer, the subject contract was attached to the Second Amended Complaint. The contract contains a limitation of liability provision that provides that “[t]he maximum aggregate l...
2018.7.18 Motion to Compel Deposition 669
Location: Sacramento
Judge: Brown, David I
Hearing Date: 2018.7.18
Excerpt: ...position is UNOPPOSED and is GRANTED. In this foreclosure action, Plaintiffs allege claims against Defendant for negligence, violation of Business & Professions Code section 17200 et seq., violation of various provisions of the California Homeowner Bill of Rights, and breach of contract. Trial is currently set for December 17, 2018. Based on this trial date, the last day to file a motion for summary judgment, if the motion is mail served, is Augu...
2018.7.18 Motion to Strike, for Change of Plea Designation and Complaint 097
Location: Sacramento
Judge: Brown, David I
Hearing Date: 2018.7.18
Excerpt: ... 2018, Plaintiff Kathryn Gerwig, inpro per, filed a motion to set aside the judgment pursuant to Code of Civil Procedure section 473(b) on the grounds of surprise or inadvertence, claiming that she did not receive timely notice of Defendants' motion. On June 7, 2018, Defendants filed an ex parte application to set aside the order granting the anti‐SLAPP to allow Plaintiff a fair and reasonable opportunity to file an opposition to the anti‐SLA...
2018.7.18 Motion to Compel Arbitration 897
Location: Sacramento
Judge: Brown, David I
Hearing Date: 2018.7.18
Excerpt: ...uest for judicial notice is granted. NETF's request for judicial notice is granted. Cross‐Defendants' objections to the Declaration of Rick Grady are overruled. Factual and Procedural Background This action involves agreements regarding the construction of the Golden 1 Center in downtown Sacramento. In collaboration with the City of Sacramento, SDA was to design, develop, and construct the Golden 1 Center. In furtherance of these obligations, S...

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