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6288 Results

Location: Sacramento x
2021.04.01 OSC Re Preliminary Injunction 855
Location: Sacramento
Judge: Gevercer, Steven M
Hearing Date: 2021.04.01
Excerpt: ...eding with a trustee's sale of Plaintiff's residence pending the hearing on the OSC. Opposition was to be filed by March 19, 2021. Defendant 2nd Chance filed an opposition in connection with the March 11, 2021 ex parte hearing and the Court therefore construes that opposition to apply here. In the operative complaint Plaintiff alleges causes of action for (1) Violation of the Truth in Lending Act; (2) Unfair Business & Professions Code § 17200; ...
2021.04.01 Motion for Summary Judgment, Adjudication 326
Location: Sacramento
Judge: Gevercer, Steven M
Hearing Date: 2021.04.01
Excerpt: ...20 in Department 54 but was continued to February 10, 2021 at Plaintiff Stella Altraide's request. Judge Krueger then recused himself from this matter on January 27, 2021, which resulted in this matter being transferred to this department and re‐set for hearing on today's date. Plaintiff's Opposition papers failed to comply with the Court's 2/10/21 order requiring leave of Court for additional briefing. Nevertheless, the Court considered all of...
2021.04.01 Application for Writ of Attachment 013
Location: Sacramento
Judge: Gevercer, Steven M
Hearing Date: 2021.04.01
Excerpt: ... breach of the covenant of good faith and fair dealing, intentional misrepresentation, negligent misrepresentation, and unjust enrichment against Defendant Vicky Nichole Ark, Vladimir Akhramenko, Dennis Akhramenko and Viva Management. Plaintiff alleges that he rented a residence from defendant Vicky Ark for $2,200 per month. (Comp. ¶¶ 18‐19.) Plaintiff alleges that starting in October 2019, during her monthly, in‐person pick‐ups of the mo...
2021.04.01 Motion for Determination of Good Faith Settlement 262
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.04.01
Excerpt: ...ate of California (“Plaintiff”), Ferguson, Otto, and Luppen is in good faith is UNOPPOSED and GRANTED. This action involves allegations of construction defects and related damages to Office Building 10, which is owned by Plaintiff and located at 721 Capitol Mall in Sacramento, CA (hereinafter, the "Subject Property"). In November of 2005, Plaintiff entered into a written contract with general contractor, Otto, to renovate the Subject Property...
2021.04.01 Motion for Judgment on the Pleadings 216
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.04.01
Excerpt: ...alez (“Plaintiff”) was an employee of M.F. Maher, Inc., a subcontractor hired by RGW. F&H was the general contractor hired for the design, construction, and completion of the project. Plaintiff filed his complaint on December 20, 2017, alleging negligence and premises liability against F&H. (ROA 1.) RGW was added as DOE 1 on April 9, 2018. (ROA 17.) F&H filed a Cross‐Complaint against RGW on February 15, 2018, alleging the following eight c...
2021.04.01 Motion to Strike Punitive Damages 694
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.04.01
Excerpt: ...ndant. (Complaint, page 3.) Plaintiff alleges that "[d]ue to Mr. Cheema's intoxication level, he entered the freeway travelling in the wrong direction." Plaintiff further alleges that "[a]s a result, Mr. Cheema collided with the front of Mr. Mathews' vehicle" and that "Mr. Cheema was driving with a suspended license for a prior DUI charge." (Complaint, GN‐1, page 4.) Plaintiff seeks an award of punitive damages. Defendant moves to strike paragr...
2021.04.01 Motion for Sanctions 778
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.04.01
Excerpt: ...egitimate business reason as alleged in its fifth affirmative defense; (2) an order requiring Dignity to serve Plaintiff with the iVOS reports it improperly withheld; (3) an order that at Dignity's expense Plaintiff's forensic expert be granted reasonable access to Dignity's system to search for all emails from January 1, 2019 through February 15, 2019 by and between Plaintiff, Tina Randolph, Cecilia Sandoval, Karen Buckley, Kathleen Stedman and ...
2021.04.01 Motion for Stay of Action 405
Location: Sacramento
Judge: Gevercer, Steven M
Hearing Date: 2021.04.01
Excerpt: ...himself and the other plaintiffs. Plaintiffs have two pending wrongful death/medical malpractice cases pending in the Los Angeles County Superior Court related to the death of Darrell Norried. In this action plaintiffs seek declaratory relief in the form of a declaration that the provisions of the Medical Injury Compensation Reform Act (“MICRA”) capping noneconomic damages at $250,000 and limiting contingency attorney fees violate the Califor...
2021.04.01 Motion for Protective Order 624
Location: Sacramento
Judge: Gevercer, Steven M
Hearing Date: 2021.04.01
Excerpt: .../harassment against her supervisor Kendall. Plaintiff issued a deposition notice for SMUD's Person Most Qualified (“PMQ”) with the deposition originally set to occur on March 3, 2021. The deposition notice sought a PMQ on the following topics: (1) All Complaints concerning race discrimination and any and all resulting investigations for 2015‐2019 referred to in Exhibit A; (2) All Complaints concerning gender discrimination and any all resul...
2021.04.01 Motion to Compel Binding Arbitration 472
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.04.01
Excerpt: ...Local Rule 1.06. Moving counsel is directed to contact Plaintiffs' counsel and advise counsel of Local Rule 1.06 and the Court's tentative ruling procedure and the manner to request a hearing. If moving counsel is unable to contact Plaintiffs' counsel prior to hearing, moving counsel is ordered to appear at the hearing via Zoom or by telephone. Plaintiffs' request for judicial notice of orders in other cases in federal district court actions and ...
2021.04.01 Motion to Expunge Lis Pendens 512
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.04.01
Excerpt: ...cramento and pay Plaintiff $30,000, plus half the equity. A copy of the deed to the property attached to the Complaint shows that only Defendant is on title. (ROA 1.) Plaintiff recorded a Notice of Pendency of Action on June 8, 2020, Document No. 202006080156, and recorded a second Notice of Pendency of Action Pursuant to CCP § 405.20 on December 9, 2020, Document No. 202012090709. Plaintiff has not filed a copy of the first notice with the Cour...
2021.04.01 Motion to Quash Service of Summons 824
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.04.01
Excerpt: ...ies Plaintiff alleges he sustained suffered when a lithium‐ion 18650 battery exploded in Plaintiff's pocket. Plaintiff alleges the subject battery was manufactured and placed into the stream of commerce by LG Chem Korea and ultimately sold to Plaintiff by Defendant Coloma Smoke Shack and placed into an “ecigarette.” Plaintiff brought suit against LGCAI based on it being a United States distributor of LG Chem, Ltd.'s lithium‐ion 18650 batt...
2021.04.01 Motion to Set Aside Default, Judgment 254
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.04.01
Excerpt: ...nue, Citrus Heights, CA 95610. (ROA 8.) Default and default judgment were then entered against Defendant on June 26, 2013. (ROAs 12, 13.) An Abstract of Judgment was entered on September 1, 2016. (ROA 18.) Defendant now moves to quash service of summons and set aside the default and default judgment entered against her on the grounds that she was not served with the Summons and Complaint. Defendant moves pursuant to various code sections, includi...
2021.04.01 Motion to Strike (SLAPP) 916
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.04.01
Excerpt: ...003326, and the complaint in this action 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...
2021.04.01 Motion to Strike FAC 228
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.04.01
Excerpt: ...tionally misled to believe the bedding was 20% off. Plaintiff filed his original Complaint on November 2, 2020. (ROA 1.) Defendant moved to strike certain portions of the Complaint, including Plaintiff's claims for punitive damages. On February 2, 2021, the Court granted with leave to amend Defendant's motion to strike as to punitive damages on the ground the allegations were conclusory and insufficient to support such a claim; the remainder of t...
2021.04.01 Motion to Strike Four Causes of Action 641
Location: Sacramento
Judge: Gevercer, Steven M
Hearing Date: 2021.04.01
Excerpt: ...st Theis and Andreas Rodriguez alleging causes of action for fraud, breach of Tillman LLC's Operating Agreement, breach of a verbal lease, breach of fiduciary duty, accounting, conversion, and more. The thrust of the complaint involves a business dispute regarding the operation of Tillman LLC and allegations that Theis failed to make capital contributions, led Batchelor to believe he was gainfully employed and had resources available so that Batc...
2021.03.30 Motion to Set Aside Default, Judgment 482
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.03.30
Excerpt: .... A default judgment for nearly $44,000 plus costs was entered against both defendants on 8/29/2018. About a year later, plaintiff applied for an order to examine the two debtors and this examination occurred on 9/13/2019. Several months later the two defendants filed on 12/31/2019 a motion to set aside default and default judgment, which was set to be heard on 1/30/2020. This motion sought relief pursuant to Code of Civil Procedure §473(b) on t...
2021.03.30 Motion to File FAC 611
Location: Sacramento
Judge: Gevercer, Steven M
Hearing Date: 2021.03.30
Excerpt: ... in an appeal. Plaintiffs request leave to file a FAC to allege a cause of action for constructive fraud and to add a claim for punitive damages against both defendants to Plaintiffs' prayer for relief. Plaintiffs also seek to add factual allegations that defendants concealed that the handling attorney with exclusive responsibility for Plaintiffs' underlying appeal was not competent to practice law under the Rules of Professional Conduct due to s...
2021.03.30 Motion to Compel Further Responses 170
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.03.30
Excerpt: ...the specific discovery requests that 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. *** The notice of motion does not provide notice of the Court's tentative ruling system, as required by Local Rule 1.06, and does not provide the correct department for the hearing on this motion. Moving counsel is directed to contact opposing counsel ...
2021.03.30 Motion to Compel Deposition, for Production of Docs 947
Location: Sacramento
Judge: Gevercer, Steven M
Hearing Date: 2021.03.30
Excerpt: ...��end vehicle collision that occurred on February 1, 2016. Plaintiff Richard Martinez was the passenger in a truck tractor pulling a FedEx trailer. At that time, a USA Waste Management ("WM") garbage truck rear ended the FedEx trailer and truck and plaintiff was injured. Perry Roll was identified in discovery as the Director of Fleet Management, a person most knowledgeable as to the repair of the WM vehicle. (Declaration of Owen) Plaintiff set th...
2021.03.30 Motion to Compel Deposition 501
Location: Sacramento
Judge: Gevercer, Steven M
Hearing Date: 2021.03.30
Excerpt: ...nt infliction of emotional distress, violation of Patients' Bill of Rights, and wrongful death, related to the care of decedent Gerard Follettie. The deposition notice seeks the following information about defendant's employees, unlimited as to time. 1. Any and all PERSONNEL FILES (for purposes of this notice "PERSONNEL FILE" means the employee's initial application, all performance evaluations, training records, disciplinary records, write‐ups...
2021.03.30 Motion for Summary Judgment, Adjudication 648
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.03.30
Excerpt: ...posing counsel at the time of the request which of moving party's 41 Undisputed Material Facts, which of opposing party's 37 Additional Material Facts and/or which objections to evidence will be addressed at the hearing and the parties should be prepared to point to specific evidence which is claimed to show the existence or non‐existence of a triable issue of material fact. *** Moving counsel failed to comply with CRC Rule 3.1350(g), which req...
2021.03.30 Motion for Protective Order or to Quash Subpoena 726
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.03.30
Excerpt: ...y of the specific document requests that 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 action arises from a motor vehicle accident involving two semi‐trucks in April 2017. Plaintiff's complaint alleges a single cause of action against defendant Rai and defendant Dharminder but the latter was voluntarily ...
2021.03.30 Demurrer 706
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.03.30
Excerpt: ...es of action that will be addressed at the hearing. Counsel are also reminded that pursuant to local rules, only limited oral argument is permitted on law and motion matters. *** Factual Background In March 2019 District issued Request for Proposal 19:04 (“RFP”) which sought written proposals for providing District with “Advanced Life Support Ambulance Services” for a period of three years. The RFP states that the “start date for the re...
2021.03.30 Demurrer 441
Location: Sacramento
Judge: Gevercer, Steven M
Hearing Date: 2021.03.30
Excerpt: ...ply, the Court will entertain a request to continue the hearing on the demurrer. Defendants' 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 ...

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