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6288 Results

Location: Sacramento x
2018.12.18 Motion for Summary Judgment, Adjudication 002
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2018.12.18
Excerpt: ...ment/adjudication, without prejudice, to allow Plaintiffs an opportunity to amend the complaint. The parties shall appear and be prepared to discuss with the Court. No trial is scheduled. This is an action for personal injuries arising from a motor vehicle accident. Plaintiffs are Derrick Raible (“Raible”) and Donovan Caudill (“Caudill”) (collectively “Plaintiffs”). Raible is represented by counsel and has filed an opposition to the m...
2018.12.17 Motion to Strike 844
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2018.12.17
Excerpt: ...his is a FEHA case. Plaintiff Angela Henao (Henao) alleges that the County discriminated against her based on disability and failed to accommodate her with another position. As she did in her second amended complaint (SAC), Henao contends in the TAC that the County's Accommodation Transfer List (ATL) was part of the problem. In the SAC, Henao leveled the following allegations: Further, in violation of FEHA, Defendant County refused to provide any...
2018.12.17 Motion to Strike 311
Location: Sacramento
Judge: Brown, David I
Hearing Date: 2018.12.17
Excerpt: ...d to timely pay wages to aggrieved employees upon termination/resignation in violation of Labor Codes §§ 201 and 202. Plaintiff seeks penalties under PAGA. Defendant has filed a four page motion to strike the PAGA claims in the complaint on the basis that the Court would be required to conduct individualized inquiries with respect to the Labor Code § 226.7 claim, which would render the claim unmanageable. Defendant argues that it had a written...
2018.12.17 Motion to File Amended Complaint 777
Location: Sacramento
Judge: Brown, David I
Hearing Date: 2018.12.17
Excerpt: ...compete with Plaintiffs. Plaintiffs filed their complaint on March 9, 2018, alleging causes of action for: (1) violation of Penal Code § 502, (2) violation of the Uniform Trade Secrets Act (the “UTSA”), (3) common law misappropriation of trade secrets, (4) unfair competition, (5) conversion, (6) breach of contract, and (7) breach of fiduciary duty. Plaintiffs attempted to file a first amended complaint but it was rejected because an answer w...
2018.12.17 Motion for Preliminary Injunction 585
Location: Sacramento
Judge: Brown, David I
Hearing Date: 2018.12.17
Excerpt: ...3230 Broadway, Sacramento, California 95817. The property consists of a two‐story, multi‐tenant building with five commercial units and four residential apartments. On July 13, 2017, Plaintiff and defendants Vicki A. Pfingst and Angela Saldivia (collectively, “Defendants”) entered into a Commercial Property Purchase Agreement for the sale of commercial real property located at 3230 Broadway for $775,000 (the “Purchase Agreement”). In ...
2018.12.17 Motion for Attorney Fees 405
Location: Sacramento
Judge: Brown, David I
Hearing Date: 2018.12.17
Excerpt: ...vil Code § 1812.701(b) by sending a collection letter that failed to provide the requisite Consumer Collection Notice in a type size that was at least the same type‐size as that used to inform the consumer of the specific debt, or in at least 12‐point type. The Court ultimately granted Defendant's motion for summary judgment as to Plaintiff's individual claim, finding that Defendant had cured the violation under Civil Code § 1788.30(d) and ...
2018.12.17 Demurrer 960
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2018.12.17
Excerpt: ...udd alleges that CTC acted as the escrow agent on the transaction. Judd alleges that he invested $150,000, which was deposited into escrow, to fund the property's rehabilitation. In exchange, he was promised a promissory note, a second trust deed and a right to share in any profit once the property was resold. Another investor funded the property's purchase for rehabilitation, and that investor received the first trust deed. Judd alleges that an ...
2018.12.17 Motion to Strike or Tax Costs 439
Location: Sacramento
Judge: Brown, David I
Hearing Date: 2018.12.17
Excerpt: ... and costs finding that the Receiver's fees and expenses should be borne by the Receivership estate or Grange as originally ordered, and that the Grange may then seek award of the fees and expenses as costs of enforcement of the judgment pursuant to CCP § 685.070 et seq. The Grange has brought such a motion. Rather than file an opposition to that motion, the Guild has filed a motion to strike/tax the receivership costs sought by the Grange. This...
2018.12.14 Demurrer, Motion to Strike 787
Location: Sacramento
Judge: Brown, David I
Hearing Date: 2018.12.14
Excerpt: ...ts Mercy Housing California XXVI, LP's and Mercy Housing Management Group, Inc.'s motion to strike Plaintiff's alter ego allegations and punitive damages as to Mercy Housing California XXVI, LP. The Court denied the motion to strike punitive damages allegations as to Mercy Housing Management Group, Inc. Moving Defendants were added to the action after being identified as Doe Defendants. The Fourth Amended Complaint simply alleged that the Defenda...
2018.12.14 Demurrer, Motion to Strike 376
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2018.12.14
Excerpt: ...n Butte County and on 7/22/2014, plaintiff filed a First Amended Complaint (“1AC”) which asserted two causes of action for disability discrimination and violation of the California Whistleblower Protection Act at Government Code §8547 et seq. (“CWPA”) based on her employer's 2011 decision to require plaintiff to report to work in Sacramento rather than continue working from her home in Chico, which plaintiff insists was a reasonable acco...
2018.12.14 Demurrer, Motion to Strike 858
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2018.12.14
Excerpt: ... discrimination based on national origin, retaliation in violation of Labor Code §98.6 and §1102.5, defamation, failure to prevent discrimination, and wrongful termination. Defendant EHC now moves to strike the punitive damages allegations from the complaint on the grounds that plaintiff has failed to plead facts sufficient to establish the requisite malice, fraud or oppression and sufficient to satisfy the requirements of Civil Code §3294(b) ...
2018.12.14 Motion to Expunge Lis Pendens 432
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2018.12.14
Excerpt: ...ng business day, a legal brief no greater than eight (8) pages in length that addresses the following issues: Without expressly identifying which cause(s) of action in the complaint constitute "real property claims" under CCP § 405.4, the parties appear to assume that the breach of contract cause of action for damages qualifies as such a claim. The court questions whether the breach of contract cause of action, the other damages causes o...
2018.12.14 Motion to Quash Subpoena and Production of Docs 687
Location: Sacramento
Judge: Brown, David I
Hearing Date: 2018.12.14
Excerpt: ...arriott Sacramento Rancho Cordova's (“Defendant”) property on November 3, 2017. Plaintiff filed her complaint on May 8, 2018, alleging claims for general negligence and premises liability. Plaintiff seeks damages including medical expenses, general damages, wage loss, and loss of earning capacity. On September 26, 2018, Defendant served Bank of America, Plaintiff's current employer, with a subpoena to produce the following: “Any and all emp...
2018.12.13 Motion to Recall Writ of Execution 448
Location: Sacramento
Judge: Brown, David I
Hearing Date: 2018.12.13
Excerpt: ...sfied." (Salveter v. Salveter (1936) 11 Cal.App.2d 335, 337.) Defendant's request for costs in the amount of $60 is granted and is to be added to the prior judgment of costs of $465 previously entered on October 19, 2016. After plaintiff initially obtained a judgment on January 18, 2012, it was set aside pursuant to defendant's CCP 473.5 motion on January 23, 2014. (See minute order Department 53, January 23, 2014.) After plaintiff fa...
2018.12.13 Motion to Dismiss 149
Location: Sacramento
Judge: Brown, David I
Hearing Date: 2018.12.13
Excerpt: ...ber 10, 2018. The Court will consider the grant of a brief continuance of this motion at defendant's request, if necessary, so that they can respond to the evidence presented in this late supplemental declaration. Defendants' Request for Judicial Notice is granted. Plaintiff filed the Complaint on June 5, 2015. This action arises out of an automobile accident that occurred on June 6, 2013. Mission Courier was not served until December 15,...
2018.12.13 Motion to Approve Settlement of PAGA Claims 391
Location: Sacramento
Judge: Brown, David I
Hearing Date: 2018.12.13
Excerpt: ...Inc., is also named as a defendant. The causes of action asserted in the case included: (1) failure to pay minimum wages for all hours works, (2) failure to provide rest breaks, (3) failure to indemnify for all expenses, (4) failure to provide accurate itemized written wage statements, (5) unfair competition, and (6) Civil Penalties [under PAGA]. Defendants denied all of Plaintiff s allegations, and alleged that Plaintiff and putative class membe...
2018.12.13 Motion for Summary Judgment 894
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2018.12.13
Excerpt: ...ng 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. *** Defendants Francolin, LLC dba Soaring Oaks RCFE, Francis Kang, and Colin Kang's (collectively “Defendants”) motion for summary adjudication is ruled upon as follows. I. Overview This is an Elder Abuse action. The decedent Josephine Boykin ("Josephine") was a 94 year ...
2018.12.13 Motion for Protective Order 058
Location: Sacramento
Judge: Brown, David I
Hearing Date: 2018.12.13
Excerpt: ...aintiffs allege Defendants engage in the "illegal practice of dumping vulnerable nursing facility residents into hospitals." (Third Amended Complaint (TAC) ¶ 1.) .) Plaintiffs allege the California Department of Health Care Services ("DHCS") ordered Pioneer House to readmit Gloria Single after plaintiff was "dumped" at Sutter Medical Center on an involuntary hold. (TAC ¶¶ 6‐7.) Defendant contends that they are not in ...
2018.12.13 Demurrer 816
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2018.12.13
Excerpt: ...t Isabella Garcia (“Garcia”) dba Alliance Financial's (“Alliance Financial”) (“Defendant”) demurrer to Plaintiff Arthur Dockter's complaint is ruled upon as follows. Defendant's request for judicial notice 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; Steed v. Departmen...
2018.12.13 Demurrer 678
Location: Sacramento
Judge: Brown, David I
Hearing Date: 2018.12.13
Excerpt: ... Procedure § 430.41(a). Such declaration was filed on 11/16/18. Defendant's request for judicial notice, which attaches an unpublished federal case, is unopposed and is granted. Neither published nor unpublished federal district court opinions are binding precedent on this court, although they may be persuasive. (Futrell v. Payday California, Inc. (2010) 190 Cal.App.4th 1419, 1432, fn. 6; Landmark Screens, LLC v. Morgan, Lewis, & Bockius, LLP (2...
2018.12.13 Demurrer 454
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2018.12.13
Excerpt: ... she had an uninsured motorist policy with Defendant and that Defendant is liable to Plaintiff resulting from Doe 1's conduct. Plaintiff alleges a negligence cause of action against Defendant. Defendant demurs on the ground that FAC fails to state sufficient facts because pursuant to Insurance Code §11580.2 the action must be referred to arbitration. Ins. Code §11580.2 concerns uninsured/underinsured motor vehicle coverage. Subdivision (f) prov...
2018.12.12 Motion for Summary Judgment 788
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2018.12.12
Excerpt: ...nform the Department 54 Clerk of the same when oral argument is requested pursuant to Local Rule 1.06. In the alternative, Department 54 will honor requests to continue hearings scheduled for 12/12/18 so that parties desiring oral argument may obtain court reporting services through the Court's normal channels. (See Local Rule 1.12.) No hearings, however, will be continued to any date from 12/24/18 through 1/04/19. Any party seeking a continuance...
2018.12.12 Demurrer, Motion to Strike 275
Location: Sacramento
Judge: Brown, David I
Hearing Date: 2018.12.12
Excerpt: ...artment 53 Clerk of the same when oral argument is requested pursuant to Local Rule 1.06. In the alternative, Department 53 will honor requests to continue hearings scheduled for 12/12/18 so that parties desiring oral argument may obtain court reporting services through the Court's normal channels. (See Local Rule 1.12.) No hearings, however, will be continued to any date from 12/21/18 through 1/07/19. Any party seeking a continuance must first m...
2018.12.12 Demurrer 334
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2018.12.12
Excerpt: ...ument is requested pursuant to Local Rule 1.06. In the alternative, Department 54 will honor requests to continue hearings scheduled for 12/12/18 so that parties desiring oral argument may obtain court reporting services through the Court's normal channels. (See Local Rule 1.12.) No hearings, however, will be continued to any date from 12/24/18 through 1/04/19. Any party seeking a continuance must first meet and confer with opposing counsel (or t...
2018.12.12 Application to Seal Record 505
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2018.12.12
Excerpt: ... argument is requested pursuant to Local Rule 1.06. In the alternative, Department 54 will honor requests to continue hearings scheduled for 12/12/18 so that parties desiring oral argument may obtain court reporting services through the Court's normal channels. (See Local Rule 1.12.) No hearings, however, will be continued to any date from 12/24/18 through 1/04/19. Any party seeking a continuance must first meet and confer with opposing counsel (...

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