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6288 Results

Location: Sacramento x
2018.11.30 Demurrer, Motion to Strike 687
Location: Sacramento
Judge: Brown, David I
Hearing Date: 2018.11.30
Excerpt: ...aring date chosen at the time of requesting oral argument. Defendant Raley's Demurrer to the First Amended Complaint of Plaintiffs Alysse Maryland and Sharona Voyles Broughton is sustained as follows: Plaintiffs filed their initial Class Action Complaint on April 9, 2015 seeking to represent a class of pregnant store employees beginning on April 9, 2011, four years prior to the date of filing. (Compl. ¶¶ 4, 42.) On July 18, 2018, Plaintiffs...
2018.11.30 Motion to File Amended Answer 221
Location: Sacramento
Judge: Brown, David I
Hearing Date: 2018.11.30
Excerpt: ...sting oral argument. Defendant Derek Taggard, M.D.'s Motion for Leave to File an Amended Answer to the Complaint is granted. Plaintiff John William Rose, III filed the instant complaint against Defendant and others. Plaintiff alleges causes of action against Defendant for invasion of privacy, public disclosure of private facts, false light, and IIED. The causes of action against Defendant arise out of allegations that Defendant wrongfully acc...
2018.11.30 Motion for Judgment on the Pleadings 665
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2018.11.30
Excerpt: ...ndant the California Grange Foundation's (“Foundation”) motion for judgment on the pleadings is ruled upon as follows. Overview This case arises indirectly from a dispute between a national fraternal organization ("National Grange") and individuals formerly operating its subordinate, constituent unit in plaintiff the California State Grange. On April 5, 2013, the National Grange revoked the State Grange's charter and restored it, ...
2018.11.30 Motion for Preliminary Approval of Class Action and PAGA Settlement 969
Location: Sacramento
Judge: Brown, David I
Hearing Date: 2018.11.30
Excerpt: ...e of requesting oral argument. Plaintiff's Notice of Motion and Motion for Preliminary Approval of Class Action Settlement is unopposed and is granted, as set forth below. Plaintiff Takeese Williams ("Plaintiff") seeks preliminary approval of the Joint Stipulation of Class Action and PAGA Settlement and Release ("Settlement," "Agreement," or "Settlement Agreement") entered into by and between Plaintiff, individ...
2018.11.30 Motion for Preliminary Injunction 112
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2018.11.30
Excerpt: ...es that in April 2006, she financed her property which was secured by a Deed of Trust (“DOT”). In early 2018, due to financial hardship, Plaintiff was unable to make timely mortgage payments. She alleges that she contacted “Defendants” for foreclosure alternatives. However, “Defendants” were nonresponsive, nor did they provide a contact for Plaintiff to speak to regarding a loan modification or other foreclosure alternatives. When Pla...
2018.11.30 Motion for Reconsideration 430
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2018.11.30
Excerpt: ... in Department 53 instead of Department 54. As a result of the error, defense counsel was not permitted to argue in Department 54 on 10/15/18, and the tentative rulings automatically became the court's orders. In the interests of justice, defense counsel will be permitted to appear for oral argument. The tentative ruling on Plaintiff's motions to strike supplemental witness designation and to quash deposition notice is reprinted below and...
2018.11.8 Demurrer 569
Location: Sacramento
Judge: Talley, Jill H
Hearing Date: 2018.11.8
Excerpt: ... aiding and abetting a FEHA violation, harassment and failure to prevent harassment, and IIED. The Court overruled Defendant's previous demurrer to the first through fourth causes of action and sustained the demurrer as to the fifth and seventh causes of action for harassment and IIED. The Court overruled the demurrer to the sixth cause of action for failure to prevent to the extent it was premised on a failure to prevent discrimination and retal...
2018.11.7 Motion to Invalidate Releases and for Curative Action 073
Location: Sacramento
Judge: Talley, Jill H
Hearing Date: 2018.11.7
Excerpt: ...ting time penalties, gratuity violations, unfair business practices, and PAGA. Plaintiff seeks to represent a putative class of all persons who worked for Defendant as a poker dealer during the statutory period. This action has not yet been certified. Plaintiff contends that two days after being served with the Summons and Complaint, Defendant obtained general releases from approximately 201 of its employees (including 53 of the 73 Poker Dealers ...
2018.11.7 Motion to Appoint New Special Master 846
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2018.11.7
Excerpt: ...l Rule 1.06(d) nor provides adequate notice of the tentative ruling system.) Moving counsel is directed to contact opposing counsel and advise him/her 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 opposing counsel prior to hearing, moving counsel is ordered to appear at the hearing in person or by telephone. The notice of motion also does not comply with C...
2018.11.7 Motion for Terminating Sanctions 299
Location: Sacramento
Judge: Talley, Jill H
Hearing Date: 2018.11.7
Excerpt: ...equent September 25, 2018, Order that Wong respond to Mand's requests for production by October 10, 2018. On August 6, 2018, this Court granted Mand's unopposed motion to compel responses to request for production of documents, set one. Wong was ordered to serve verified responses, without objections, to the discovery by August 20, 2018. Wong did not serve verified written responses. (Barrett Decl. ¶ 2.) Mand then filed a motion for terminating ...
2018.11.7 Motion to Tax Costs 476
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2018.11.7
Excerpt: ...4/18 plaintiff Taylor filed a memorandum of costs claiming attorney fees in the amount of $6,164 and costs of $137 pursuant to Labor Code §98.2(k), providing that a judgment creditor in an action on a complaint with the Labor Commissioner is entitled to court costs and reasonable attorney's fees for enforcing a judgment rendered pursuant to this section. WSH thereafter filed a motion to tax the fees and costs, which was ultimately granted on 7/3...
2018.11.7 Demurrer 591
Location: Sacramento
Judge: Talley, Jill H
Hearing Date: 2018.11.7
Excerpt: ...tes (collectively, “Defendants”) demurrer to plaintiff in pro per Judi Lynn Price's First Amended Complaint (“FAC”) is SUSTAINED with leave to amend. The Court declines to consider Plaintiffs' "surreply" filed on November 5, 2018. There is no provision in the Code of Civil Procedure allowing for such a filing. Plaintiff filed her complaint on March 7, 2018, alleging a single cause of action for medical malpractice against Defe...
2018.11.6 Motion to Compel Further Responses 297
Location: Sacramento
Judge: Talley, Jill H
Hearing Date: 2018.11.6
Excerpt: ...eling in a safe manner for traffic conditions, and rear ended Plaintiff' s vehicle, causing injuries and damages to Plaintiff. Plaintiff seeks to compel Defendant's further responses to Form Interrogatories, Set One, Interrogatory Nos. 7.1, 12.2, 13.1, 15.1, 16.9, and 20.8. These were served on May 29, 2018. Plaintiff also seeks to compel Defendant's further responses to Demand for Production and Inspection of Documents and Things, Set One, D...
2018.11.6 Motion for Summary Judgment, Adjudication 547
Location: Sacramento
Judge: Talley, Jill H
Hearing Date: 2018.11.6
Excerpt: ...�) Motion for Summary Judgment Or In The Alternative Summary Adjudication is DENIED. This action arises from a real estate transaction. Pro per Plaintiff Carole Clarke (“Plaintiff”), and her husband Brian Clarke (a realtor), sought to do a “short sale” of her residential real property. Clarke's real estate agent, Teresa M. Laine, was to handle the transaction for Clarke. Clarke claims that Laine's wrongdoing in connection with the transac...
2018.11.6 Motion to Enforce Subpoena 642
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2018.11.6
Excerpt: ...ral requirements for the filing of motions, including proper notice. Here, Plaintiff served and filed her joinder by mail on October 19, 2018, this provided only 12 court days notice. Additionally, the joinder was not served on Kaiser. The Court disagrees with Defendant that Kaiser's response was not timely served. Kaiser's proof of service shows that its response was served via email and mail on Thursday, October 24, 2018. Defendant'...
2018.11.6 Demurrer 834
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2018.11.6
Excerpt: ...Courtney Lee Shinn's demurrer to Plaintiff Edith Montanez's first amended complaint (“FAC”) is ruled upon as follows. Defendant's request for judicial notice is granted with the exception of Exhibits O and P (Google search results for the terms “cleanouts” and “cleanout inspection.”) 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. Deu...
2018.11.6 Motion for Determination of Good Faith Settlement 032
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2018.11.6
Excerpt: ...ion. Thus, Weaver is now the only opposing party. Weaver's request for judicial notice of court documents is GRANTED. Overview This is Airco's second motion for good faith settlement. In its ruling on Airco's first motion, the Court rejected most of EFEE's and Weaver's arguments in opposition to the motion. The Court, however agreed with EFEE and Weaver that Airco's failure to assign values to its obligation to cooperate with, and ass...
2018.11.6 Demurrer, Motion to Strike 673
Location: Sacramento
Judge: Talley, Jill H
Hearing Date: 2018.11.6
Excerpt: ...to strike punitive damages must be denied for the same reasons the demurrer was overruled. See, e.g. Johnson v. Ford Motor Co. (2005) 35 Cal. 4th 1191. Fraud is a cause of action which provides a basis for punitive damages. Civil Code § 3294. The notice of motion does not provide notice of the Court's tentative ruling system as required by Local Rule 1.06(D). Defendant's counsel is directed to immediately provide notice to Plaintiffs' counsel of...
2018.11.6 Motion for Judgment on the Pleadings 201
Location: Sacramento
Judge: Talley, Jill H
Hearing Date: 2018.11.6
Excerpt: ...in which Plaintiff alleges common counts including account stated and money lent. On December 16, 2016Defendant Ruth A Schafer (“Defendant” or “Schafer”) filed a form Answer, which included a box that was checked so as to reflect a general denial. On July 5, 2018, the Court granted Plaintiff's unopposed motion to have its requests for admissions deemed admitted as against Defendant. When the moving party is the plaintiff, there is only on...
2018.11.5 Motion to Strike (SLAPP) 100
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2018.11.5
Excerpt: ...urder trial. (See Bourdon Decl., ¶ 2‐4.) On or about 11/01/13, Bourdon learned that while plaintiff herein Frank Dearwester (Dearwester) was incarcerated on unrelated charges, Dearwester heard a third party confess to the crimes of which Ortez was accused. (Id., ¶ 5.) Bourdon's investigator interviewed Dearwester on 11/15/13. (Compl., ¶ 12.) On the investigator's request, Dearwester mailed documents related to the Ortez matter to the investi...
2018.11.5 Demurrer 956
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2018.11.5
Excerpt: ...and SUSTAINED in part with leave to amend. The Parker Declaration and the attached copy of a minute order entered in another department of this court are STRICKEN. The court may not consider evidence on demurrer. Judicial Notice Broker's request for judicial notice of the FAC is GRANTED. Broker's further request for judicial notice of three written agreements is DENIED. Plaintiffs Jose Martinez (Martinez), Alejandro Marquez (Marquez) and Jesu...
2018.11.5 Demurrer 473
Location: Sacramento
Judge: Talley, Jill H
Hearing Date: 2018.11.5
Excerpt: ...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 any facts within the judicially noticed documents except to the extent such facts are beyond reasonable dispute. (See Poseidon Devel., 152 Cal.App.4th at 1117‐18.) see also Fontenot v. Wells Fargo Bank, N.A. (2011) 198 Cal.App.4th 256, 265 (“[A] court may take judicia...
2018.11.5 Motion to Strike (SLAPP) 691
Location: Sacramento
Judge: Brown, David I
Hearing Date: 2018.11.5
Excerpt: ...intiff in reply, Defendant yet again failed to serve Plaintiff with the opposition papers and Plaintiff only obtained the opposition from the Court's on‐line case file. This Court has previously admonished Defendant for such tactics and directed Defendant to ensure Plaintiff is properly served with documents. Though Defendant has again failed to do so and while the proof of service on the opposition is yet again highly suspect, the Court re...
2018.11.5 Motion to Strike 956
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2018.11.5
Excerpt: ... GRANTED in part and DENIED in part. Judicial Notice Broker's request for judicial notice of the FAC is GRANTED. Broker's further request for judicial notice of three written agreements is DENIED. Plaintiffs Jose Martinez (Martinez), Alejandro Marquez (Marquez) and Jesus Amezcua (Amezcua) (collectively “Plaintiffs”) attached several documents to the original complaint and characterized those documents as agreements supporting their allega...
2018.11.5 Motion to Stay Summary Judgment Pending Arbitration 660
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2018.11.5
Excerpt: ...has been one for motor vehicle negligence. Among the defendants are One Call Medical, Inc. (NJ) dba One Call Care Management, and Zonecare USA of Delray, LLC (FL) dba One Call Care Transport + Translate (collectively “One Call”) (sued as One Call Care Management, One Call Medical, Inc. and Coral Acquisitions, Inc.). Shacklefoot alleges that “One Call provides services to the workers' compensation insurance industry [… including…] transp...

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