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6288 Results

Location: Sacramento x
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...
2018.7.20 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...
2018.7.19 Motion for Summary Judgment, Adjudication, to Compel Production 058
Location: Sacramento
Judge: Rodda, Steven H
Hearing Date: 2018.7.19
Excerpt: ...dication of issues is GRANTED in part and DENIED in part. The court disregards written objections to evidence submitted solely in a separate statement. On summary judgment, a party wishing to object in writing must do so in a stand‐alone document and in the format prescribed in CRC 3.1354(b). The court likewise disregards evidence submitted with the reply, to which Plaintiff Juvoni Sterling (Sterling) has had no opportunity to respond. (See Naz...
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...
2018.7.19 Demurrer 264
Location: Sacramento
Judge: Rodda, Steven H
Hearing Date: 2018.7.19
Excerpt: ...Defendant Greenspoon Marder LLP's (GM) demurrer to the first amended complaint (FAC) is OVERRULED. Overview This is a nonjudicial foreclosure case. The plaintiffs are Rhonda James and Andre Monroe (collectively “Plaintiffs”.) Plaintiffs allege that GM, without having been substituted as trustee under the deed of trust, acted as the foreclosing trustee and caused their home to be sold at auction in February 2018. Plaintiffs allege that they su...
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 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 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...
2018.7.18 Motion for Summary Adjudication 454
Location: Sacramento
Judge: Rodda, Steven H
Hearing Date: 2018.7.18
Excerpt: ... Centex Homes and Centex Real Estate Corporation (collectively, “Centex”). Centex opposes. Travelers' Motion for Summary Adjudication of the Second Cause of Action for Breach of Contract is DENIED. Request for Judicial Notice Travelers' Request for Judicial Notice (“Traveler's RJN”), which attaches court orders in other cases (Exhs. 1‐4) and a pleading filed in this action (Exh. 5), and Travelers' Supplemental RJN (“Supp'l RJN”), wh...
2018.7.18 Motion for Attorneys' Fees 831
Location: Sacramento
Judge: Brown, David I
Hearing Date: 2018.7.18
Excerpt: ... court costs to be determined by the Court upon noticed motion.” By this motion, Plaintiff seeks $39,015 in fees, representing approximately 76.5 hours of attorney time at the hourly rate of $510. Civil Code § 1794(d) provides that a prevailing buyer is entitled to recover "costs and expenses, including attorney's fees based on actual time expended, determined by the court to have been reasonably incurred by the buyer in connection wit...
2018.7.17 Motion to Compel Med Exam 097
Location: Sacramento
Judge: Brown, David I
Hearing Date: 2018.7.17
Excerpt: ...received the motion. In this personal injury action, Defendants seek an order requiring Plaintiff Joseph Mercado to submit to a second IME. Plaintiff underwent an initial IME on April 26, 2016 with Dr. Edward Younger, M.D., an orthopedist. Plaintiff complains of various injuries: left knee strain, lumbar sprain/strain; cervical degenerative disease; left shoulder pain; testicular pain; left hand pain; shaking in his hand and arm; and left tibia p...
2018.7.17 Demurrer 357
Location: Sacramento
Judge: Brown, David I
Hearing Date: 2018.7.17
Excerpt: ... The Court recognizes that plaintiff is self‐represented and no doubt has little or no legal training. However, self‐represented litigants required to follow the procedural rules that govern civil litigation. McComber v. Wells (1999) 72 Cal.App.4th 512, 522‐523. A party representing himself is to be treated like any other party and is entitled to the same, but no greater, consideration than other litigants and attorneys. Nwosu v. Uba (2004)...
2018.7.17 Demurrer, Motion to Strike 766
Location: Sacramento
Judge: Rodda, Steven H
Hearing Date: 2018.7.17
Excerpt: ...‐ year/100,000 mile powertrain warranty which, inter alia, covers the engine and transmission, and subsequently received a 10‐year/120,000 mile extended coverage plan (e.g. extended warranty) which covers engine in connection with the excessive oil consumption. Plaintiff alleges that during the warranty period, the vehicle contained/developed multiple defects, including the engine's inability to properly utilize engine oil. Plaintiff alleges ...
2018.7.17 Motion for Judgment on the Pleadings 170
Location: Sacramento
Judge: Rodda, Steven H
Hearing Date: 2018.7.17
Excerpt: ...t Ocwen Loan Servicing, LLC's (“Ocwen”) motion for judgment on the pleadings is ruled upon as follows. Ocwen's request for judicial notice is granted. In taking judicial notice of the recorded land documents, the court accepts the fact of their existence, not the truth of their contents. (Herrera v. Deutsche Bank Nat'l Trust Co. (2011) 196 Cal.App.4th 1366, 1375.) Overview This is a nonjudicial foreclosure action. Plaintiffs allege that Ocwen...
2018.7.17 Motion to Tax Costs 106
Location: Sacramento
Judge: Rodda, Steven H
Hearing Date: 2018.7.17
Excerpt: ...provide sufficient notice of the motion. The motion was untimely by 2 calendar days. The City, however, has substantively opposed the motion. Therefore, any defect in notice has been waived. Legal Standard On a motion to tax costs the burden of proof shifts between the parties. If the items in the cost bill appear to be proper and reasonable, the burden is on the party seeking to tax costs to show they were not reasonable or necessary. (Ladas v. ...
2018.7.17 Motion to Compel Production of Docs 560
Location: Sacramento
Judge: Rodda, Steven H
Hearing Date: 2018.7.17
Excerpt: ...ded responses. The motion, however, is not moot. A motion is "made" when it is filed and served. (CCP § 1005.5.) Because Plaintiff made the motion before Defendant served the amended responses, Plaintiff is entitled to a ruling. Defendant, however, need not reserve the discovery responses. The Court makes no determination regarding the sufficiency of Defendant's amended responses. Both parties' requests for sanctions are DENIED. ...
2018.7.17 Motion to Compel Requests for Admission 741
Location: Sacramento
Judge: Brown, David I
Hearing Date: 2018.7.17
Excerpt: ...lly sought a two week leave of absence starting July 1, 2016 to recover from major knee surgery. On July 8 plaintiff sent Hertz an email requesting an extension of the leave of absence until October 1 or "until further notice." Defendant told her that they could not hold her position open for three months, and plaintiff was terminated effective August 12, 2016. Plaintiff contends defendant 's "Medical Leaves Policy" is discrim...
2018.7.17 Motion to Stay Action 538
Location: Sacramento
Judge: Rodda, Steven H
Hearing Date: 2018.7.17
Excerpt: ...made an offer to repair. Declaration of P. Elizabeth Arias (“Arias Decl.”), Ex. 6.) Defendant agreed to request from the manufacturer/installer to increase the size of the weep holes in certain windows to accommodate a larger volume of water draining out of the window channel. (Id .) Defendant's offer stated that “Ms. Dosty will need to acknowledge that the larger weep may, in the event of a storm/wind event, permit wind driven water back t...
2018.7.17 Motion to Strike Answer 161
Location: Sacramento
Judge: Brown, David I
Hearing Date: 2018.7.17
Excerpt: ...ed to appear for his deposition on June 11, 2018 in violation of a court order, and has failed to comply with two prior court orders requiring him to serve responses to written discovery. (See Declaration of Jansen, Ex. A, Minute order of April 24, 2018 ordering defendant to appear for his deposition and awarding sanctions in the amount of $860, Ex. B Third Amended Notice setting deposition for June 11, 2018, Ex. C Order of February 6, 2018 order...
2018.7.16 Motion to Vacate Judgment and Stay of Execution 760
Location: Sacramento
Judge: Rodda, Steven H
Hearing Date: 2018.7.16
Excerpt: ...oration”) (collectively “Judgment Debtors”) to vacate the judgment entered against them on 4/11/18 is DENIED. Judgment Debtors' alternative request for a stay of enforcement is GRANTED; bonds to be posted within 14 days. Overview The Trucking Corporation appears to be a dissolved California Corporation operating as an interstate carrier. (See Carey Decl., Exh. A.) Chand owns/owned the Trucking Corporation. The procedural history in this mat...
2018.7.16 Motion to Strike 603
Location: Sacramento
Judge: Brown, David I
Hearing Date: 2018.7.16
Excerpt: ...done so. Smart Choice initiated this action when it filed its complaint arising out of a dispute regarding a home improvement contract with Mr. Shaw. Mr. Shaw initially filed a cross ‐complaint for breach of contract, negligence and fraud. The cross‐complaint has been amended numerous times after Mr. Shaw obtained leave to amend from the Court and when the parties stipulated to allow an amended cross‐complaint to be filed. Smart Choice now ...
2018.7.16 Motion to Set Aside Judgment 039
Location: Sacramento
Judge: Brown, David I
Hearing Date: 2018.7.16
Excerpt: ...errero. Judgment was entered on May 31, 2018. While the notice of motion does not set forth a specific basis for the motion (e.g. does not specifically cite CCP § 473), Plaintiff indicates in her memorandum of points and authorities that she moves to set aside the judgment pursuant to CCP § 473(b) on the basis that the CCP § 998 offer was withdrawn before Defendants accepted the offer. Alternatively, Plaintiff argues that if the offer was not ...
2018.7.16 Motion to Set Aside Default Judgment 311
Location: Sacramento
Judge: Brown, David I
Hearing Date: 2018.7.16
Excerpt: ...vice attached to the motion states that it was served on May 26, 2018, this is impossible because the motion references Plaintiff's discovery responses which were served on June 12, 2018, more than two weeks later. The Court would note that the motion itself is not dated and it is not clear when it was actually served as the Court's copy does not contain a dated proof of service. While service does appear to be untimely, Plaintiff was nevertheles...

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