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2405 Results

Location: Sacramento x
2018.11.15 Motion for Attorneys' Fees 669
Location: Sacramento
Judge: Brown, David I
Hearing Date: 2018.11.15
Excerpt: ...or obtaining injunctive relief in this case. The Court granted a TRO on April 14, 2016. The Court noted in issuing the TRO that "Although the Declaration of Fry is sparse, the court is understandably concerned about dual‐ tracking, and is giving plaintiffs the benefit of the doubt." After several stipulated continuances of the hearing approved by the Court, on August 2, 2016, Judge Rodda entered a Minute Order granting Plaintiffs' r...
2018.11.15 Demurrer 951
Location: Sacramento
Judge: Brown, David I
Hearing Date: 2018.11.15
Excerpt: ...laintiff as general manager of GPHA. Plaintiff alleges various oral agreements were entered into by him and Gallagher during his employment negotiations wherein Galagher promised Plaintiff he would receive 10% in equity of GPHA as a “sign‐on bonus” plus 2% of sales. Plaintiff also alleges Gallagher later agreed to provide Plaintiff an additional 10% ownership interest in both companies in exchange for Plaintiff forgiving payroll debt and un...
2018.11.14 Motion to Strike Declaration 459
Location: Sacramento
Judge: Brown, David I
Hearing Date: 2018.11.14
Excerpt: ...f action pled in the third amended complaint. Defendant argues that a declaration is not a proper pleading given that CCP § 422.10 provides that the “pleading allowed in civil actions are complaints, demurrer, answers, and crosscomplaints.” He also argues that a declaration is only allowed as an attachment to a complaint as a verification for a verified complaint. (CCP § 446.) Plaintiff's opposition argues that the attachment is mislabeled ...
2018.11.14 Motion to Quash Deposition Subpoena 311
Location: Sacramento
Judge: Brown, David I
Hearing Date: 2018.11.14
Excerpt: ...ck and experienced some residual dizziness. Plaintiff was also involved in a motor vehicle accident on March 10, 2016 when he was rear‐ended by a vehicle driven by Lyubov Ponomar in which he suffered injuries to his head and neck and experienced dizziness. Defendants Robert Goff and Airgas, LLC issued six subpoenas seeking Plaintiff's entire medical and billing history from 2006 to present from the medical providers with whom Plaintiff treated ...
2018.11.14 Motion to Declare Vexatious Litigant 721
Location: Sacramento
Judge: Brown, David I
Hearing Date: 2018.11.14
Excerpt: ...inator was directed to provide the tentative ruling to plaintiff G. Daniel Walker. Appearance is required on November 14, 2018 (this date). Plaintiff G. Daniel Walker shall be available, by COURTCALL, to participate in oral argument on the continuance date. Defendants Mike Marlin's, et al.'s motion to declare Plaintiff a vexatious litigant is ruled upon as follows. Defendants' request for judicial notice is granted. Incarcerated Plaintiff G. Dani...
2018.11.14 Motion to Compel Responses 479
Location: Sacramento
Judge: Brown, David I
Hearing Date: 2018.11.14
Excerpt: ...ing and created unnecessary work for the Court. Defendant initially noticed this motion for October 31, 2018 but included the incorrect law and motion department on the notice. It then apparently filed the identical motion and noticed it for hearing on November 13 and 14 in this department. Defendant wrote a letter to the Clerk requesting that the Clerk drop the November 13, hearing, but never requested that the Clerk drop the October 31, 2018 he...
2018.11.14 Motion to Compel Production of Docs 845
Location: Sacramento
Judge: Brown, David I
Hearing Date: 2018.11.14
Excerpt: ...intiffs were able to file a complete reply. In this personal injury action arising from a July 24, 2015, motor vehicle accident, Plaintiffs propounded their request for production of documents (set two) on Defendant Andrew Moreno. At issue on this motion are Requests 69 and 70 which asked Defendant for all documents relating to any video surveillance, including any sub rosa surveillance, taken of Plaintiffs at any time since July 24, 2015. Defend...
2018.11.14 Motion to Compel Deposition, Production of Docs 569
Location: Sacramento
Judge: Brown, David I
Hearing Date: 2018.11.14
Excerpt: ...is faced with yet another serial discovery motion. On May 16, 2018, the Court previously granted Plaintiffs' motion to compel Defendant to produce this specific PMQ and also to produce the documents requested in the PMQ deposition notice. (ROA 115) On July 9, 2018, Plaintiffs deposed the PMQ regarding Plum's organizational structure but the PMQ did not bring all the documents requested in the deposition notice. Specifically Plaintiffs claim that ...
2018.11.14 Motion for Summary Judgment 853
Location: Sacramento
Judge: Brown, David I
Hearing Date: 2018.11.14
Excerpt: ...n Brewing Company are the Lessees and Sublessors, respectively according to the terms of the leases. (Declaration of Frenn, Ex. A) Defendants are the sublessees. However, the First Amended Complaint alleges that "Lockdown Brewing Company LLC" is the party to the master lease and the sublease. Defendants therefore contend that "Lockdown Brewing Company LLC" is not the real party in interest because it is not a party to the lease or...
2018.11.14 Motion for Preliminary Injunction 921
Location: Sacramento
Judge: Brown, David I
Hearing Date: 2018.11.14
Excerpt: ... Enforcement case since October 25, 2017 as a result of the accumulation of trash, junk and debris. City alleges that the Subject Property was the subject of eight previous Code Enforcement cases regarding similar issues. City now seeks a preliminary injunction prohibiting the maintenance of the Subject Property as a nuisance. “To obtain a preliminary injunction, a plaintiff ordinarily is required to present evidence of the irreparable injury o...
2018.10.31 Motion to Compel Depositions 569
Location: Sacramento
Judge: Brown, David I
Hearing Date: 2018.10.31
Excerpt: ...viduals to explore the relationships between the corporate defendants and the degree of control exerted over the subject facility for purposes of their alter ego, joint venture, etc. theories. Plaintiffs noticed the depositions on June 26, 2018. Defendants objected to the depositions on various grounds including that the witnesses were apex employees. Plaintiffs indicate that Defendants' counsel stated that they should be able to “work somethin...
2018.10.31 Motion to Compel Deposition and Production of Docs 245
Location: Sacramento
Judge: Brown, David I
Hearing Date: 2018.10.31
Excerpt: ...ments requested in the notice of deposition. Plaintiffs served the notice of deposition for the PMQ on July 18, 2018 noticing the deposition for August3, 2018. The notice sought a PMQ for three subject areas: (1) the general contents of patient charts maintained at the nurse's station for residents at the facility in 2014; (2) the manner in which those charts were maintained; and (3) the manner in which documents in the charts are removed if the ...
2018.10.31 Motion to Expunge Lis Pendens 490
Location: Sacramento
Judge: Brown, David I
Hearing Date: 2018.10.31
Excerpt: ...]his Motion is made on the grounds that the Complaint on which the Lis Pendens is based does not contain a real property claim." Notice, p. 1, ll. 23‐24. In the instant matter, STGC requests that this court expunge that Notice of Pendency of Action recorded with the Sacramento County Clerk Recorder concerning the real property owned by Barbara Borkowski, located at 2121 Magnum Court, Elverta, CA 95626, on the basis that the Notice of Penden...
2018.10.31 Motion to Seal Record 619
Location: Sacramento
Judge: Brown, David I
Hearing Date: 2018.10.31
Excerpt: ...tially unlawful and/or wasteful matters. By way of background the Court sustained Defendant's demurrer to her cause of action for violation of the California Whistleblower Protection Act (“WPA”) on the basis that she had not sufficiently alleged any protected activity. Defendant argued that Plaintiff could not amend the complaint without violating the attorney‐client privilege. The Court recognized that relevant case law indicates that wher...
2018.10.31 Motion to Compel Production of Docs 135
Location: Sacramento
Judge: Brown, David I
Hearing Date: 2018.10.31
Excerpt: ... are litigating over damages. Defendants learned in discovery that Plaintiff obtained treatment from Greater Sacramento Surgery Center (“GSSC”) from Philip J. Orisek, M.D. (“Orisek”). They also discovered that MedFin Manager, LLC purchased the lien on Plaintiff's account. Thereafter they sought to obtain discovery from Orisek the amount MedFin paid Orisek on Plaintiff's account. The meet and confer correspondence indicates that Orisek's c...
2018.10.9 Demurrer 113
Location: Sacramento
Judge: Brown, David I
Hearing Date: 2018.10.9
Excerpt: ...yquiengco's (“Plaintiff”) complaint is unopposed and is ruled upon as follows. Defendants' request for judicial notice of the Notice of Trustee's Sale is granted. In taking judicial notice of the recorded land document, 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.) Factual and Procedural Background In August 2005, Plaintiff obtained...
2018.10.9 Demurrer, Motion to Strike 643
Location: Sacramento
Judge: Brown, David I
Hearing Date: 2018.10.9
Excerpt: ...ineers 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 any document in a court file may be judicially noticed, the truth of the matters asserted in those documents, including the factual findings of the judge who was sitting as the trier of fact, is not ...
2018.10.9 Motion for Final Approval of Class Action Settlement 353
Location: Sacramento
Judge: Brown, David I
Hearing Date: 2018.10.9
Excerpt: ...ass action lawsuit based on his contention that Defendants' policies and practices violated California law, including the failure to provide meal and rest periods, failure to provide accurate wage statements, failure to keep accurate records of hours worked, and failure to pay final wages. See generally Exhibit B. Plaintiff further alleged Defendants' policies and practices resulted in derivative violations and penalties and resulted in u...
2018.10.9 Demurrer 777
Location: Sacramento
Judge: Brown, David I
Hearing Date: 2018.10.9
Excerpt: ...ul acts including stealing and misusing Plaintiffs' assets and property, breaching their fiduciary duties as Plaintiffs' officers and members, and secretly forming DCM to directly 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 c...
2018.10.5 Motion to Disqualify Attorney 691
Location: Sacramento
Judge: Brown, David I
Hearing Date: 2018.10.5
Excerpt: ...us, as is the case with attorneys, self‐represented litigants must follow correct rules of procedure. (Nwosu v. Uba (2004) 122 Cal. App. 4th 1229, 1246‐1247; see also Rappleyea v. Campbell (1994) 8 Cal. 4th 975, 984.) Plaintiff's Request for Judicial Notice of the two prior orders denying motions to disqualify the City Attorney is granted. The motion is denied on both procedural and substantive grounds. The motion is procedurally defectiv...
2018.10.4 Motion to Compel Arbitration 593
Location: Sacramento
Judge: Brown, David I
Hearing Date: 2018.10.4
Excerpt: ...s to compel arbitration of this uninsured motorist action and to have the Court appoint an arbitrator pursuant to Insurance Code § 11580.2(f) and CCP § 1281.2. Insurance Code §11580.2(f) requires that an underinsured motorist policy contain a provision requiring arbitration by a single neutral arbitrator. The Court shall order the parties to arbitrate a controversy “if it determines that an agreement to arbitrate the controversy exists…”...
2018.10.4 Motion for Terminating Sanctions 373
Location: Sacramento
Judge: Brown, David I
Hearing Date: 2018.10.4
Excerpt: ...e Court ordered Plaintiff to provide further responses without objections to the requests for production no later than May 25, 2018. Sanctions were not awarded. There has been no other discovery order in this action. Defendant now seeks terminating and monetary sanctions for the failure to comply with the Court's order. Plaintiff opposes the motion on the basis that she has provided supplemental responses since the motion was filed indicating tha...
2018.10.4 Motion for Summary Adjudication 299
Location: Sacramento
Judge: Brown, David I
Hearing Date: 2018.10.4
Excerpt: ...Deed), the third for Breach of Contract, the fourth for Breach of Implied Contract, the fifth for Breach of Fiduciary Duty, the sixth for Breach of Fiduciary Duty, the seventh for Fraud ‐ Concealment, the eighth for Fraud ‐ Concealment, the ninth for Fraud Intentional Misrepresentation, the tenth for Fraud ‐ Intentional Misrepresentation, the eleventh for Negligence, the twelfth for Negligence, the thirteenth for Violation of B&P §17200, a...
2018.10.4 Demurrer 953
Location: Sacramento
Judge: Brown, David I
Hearing Date: 2018.10.4
Excerpt: ...v. General Motors, LLC is granted. In this Lemon Law action, Plaintiff alleges that the Vehicle, a 2010 Chevrolet Equinox, suffers from Oil Consumption Engine Defects including, but not limited to, “excessive oil consumption; improper burning/consumption of abnormally high amounts of oil; premature failure of the engine balance chains; premature failure of the fuel pump plunger seal; fuel leaks into the crankcase; rough running of the engine; e...
2018.10.4 Demurrer 467
Location: Sacramento
Judge: Brown, David I
Hearing Date: 2018.10.4
Excerpt: ...ving age living in his residence. (Comp. ¶ 16.) He alleges that on April 25, 2017, Plaintiff was in an automobile collision. (Id. ¶ 19.) Plaintiff filed a claim with National General and was asked whether any adults of driving age lived in the same residence as him and he responded that an adult of driving age had recently moved in. (Id. ¶ 21.) National General's representative informed him that his policy was terminated and that no coverage w...

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