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4516 Results

Location: Sacramento x
2021.11.10 Motion for Summary Judgment, Adjudication 724
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.11.10
Excerpt: ...ial Facts and which of the opposing defendants' 25 Additional Material Facts will be addressed at the hearing. The parties should be prepared to point to specific admissible evidence already in the record which is claimed to show the existence or non‐existence of a triable issue of material fact. *** 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 corr...
2021.11.10 Demurrer 737
Location: Sacramento
Judge: Mesiwala, Shama H
Hearing Date: 2021.11.10
Excerpt: ...1.06(D). Defendants are ordered to notify Plaintiff immediately of the tentative ruling system and to be available at the hearing, in person or by telephone, in the event Plaintiff appears without following the procedures set forth in Local Rule 1.06(B). Defendants' request for judicial notice of records from the Secretary of State's website, Business Search ‐ Entity Detail of Gio Fitness from February 23, 2021, and May 6, 2021, is unopposed an...
2021.11.10 Demurrers 426
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.11.10
Excerpt: ...osing party of the specific causes of action 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. *** Other than for purposes of satisfying the meet‐and‐confer requirements of Code of Civil Procedure §430.41, the Court considered neither the Collins Declaration filed in support of the present demurrer (along with its 100‐plus pa...
2021.11.09 Motion for Preliminary Approval of Class Action Settlement 301
Location: Sacramento
Judge: Mesiwala, Shama H
Hearing Date: 2021.11.09
Excerpt: ...& Professions Code by ( I ) failing to provide off‐duty rest breaks or pay rest period premium compensation in violation of Labor Code § 226.7; (2) failing to pay meal period premium at the regular rate of pay in violation of Labor Code §§ 226.7 and 512; (3) failing to pay all earned wages in violation of Labor Code §§ 201‐204, 510, 558, 1174, 1194, 1198, and 1199; (4) failing to provide accurate itemized wage statements in violation of ...
2021.11.09 Demurrer 414
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.11.09
Excerpt: ...or Department 54 of the Sacramento County Superior Court is 813 6th Street, Sacramento, California 95814. Plaintiff filed this action on September 21, 2020, alleging that on or about August 24, 2018, he was assaulted by one of Best Buy's security guards while shopping at a Best Buy store located at 1901 Arden Way, Sacramento, CA 95815. Plaintiff's original Complaint alleges several purported causes of action, which appear to include the following...
2021.11.09 Demurrer 783
Location: Sacramento
Judge: Mesiwala, Shama H
Hearing Date: 2021.11.09
Excerpt: ...tor shall provide the tentative ruling to Plaintiff Ivan Kilgore within 48 hours. The litigation coordinator is directed to have Plaintiff Ivan Kilgore available at oral argument on November 17, 2021 at 1:30 pm. Appearance will be by ZOOM. Department 53 Zoom ID is: 841 204 6267. To appear on Zoom by phone, call (888) 475‐4499 or (877) 853‐5257 (toll‐free) and enter the Zoom ID referenced above for oral argument on November 3, 2021. Appearan...
2021.11.09 Motion for Final Approval of Class Action Settlement 472
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.11.09
Excerpt: ... disposition of the motion herein, the Court must still hold a hearing on the motion as it may involve the receipt of evidence or an appearance by a Class Member. Although the Court anticipates that no party will request oral argument, and while no class member indicated any intent to appear at the hearing, this does not relieve the parties from appearing at the hearing or otherwise render the instant ruling final in the event oral argument is no...
2021.11.09 Motion for Judgment on the Pleadings 710
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.11.09
Excerpt: ...posed and granted. Factual and Procedural Background The City's Complaint seeks a judicial declaration that: (1) Measure L, Resolution No. 20‐027, Resolution No. 20‐040, and Ordinance No. 21‐002, and each of them, are legally valid and enforceable; and (2) CDTFA bears a statutory duty to contract with the City to administer Measure L, Resolution No. 20‐027, Resolution No. 20‐040, and/or Ordinance 21‐002 to impose the tax voters intend...
2021.11.09 Motion for Determination of Good Faith Settlement 005
Location: Sacramento
Judge: Mesiwala, Shama H
Hearing Date: 2021.11.09
Excerpt: ...ross‐defendants' Request for Judicial Notice is granted. This case stems from a motor vehicle accident that occurred on or about March 29, 2017. Plaintiff was a passenger on Defendant Sacramento Regional Transit District's ("SAC RT") bus near Arden Way and Highway 99 in Sacramento. Cross‐Defendant, Raphael Opon was traveling behind the SAC RT bus in a 1998 Honda Accord. The SAC RT bus stopped in front of Opon's vehicle, causing him to collide...
2021.11.09 Motion for Summary Judgment, Adjudication 710
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.11.09
Excerpt: ...ts director, Nicolas Maduros (collectively, “CDTFA”) on its sole cause of action for declaratory relief. The City's Complaint seeks a judicial declaration that: (1) Measure L, Resolution No. 20‐027, Resolution No. 20‐040, and Ordinance No. 21‐002, and each of them, are legally valid and enforceable; and (2) CDTFA bears a statutory duty to contract with the City to administer Measure L, Resolution No. 20‐027, Resolution No. 20‐040, a...
2021.11.09 Motion for Summary Judgment, Adjudication 745
Location: Sacramento
Judge: Mesiwala, Shama H
Hearing Date: 2021.11.09
Excerpt: ...ons of plaintiff and her mother) Overruled as to Ex. C (except of medical record provided by defendant to plaintiff) Sustained as to No. 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 15, and 16 on the basis of lack of foundation and improper medical opinion from a lay person. Request for Continuance Plaintiff's Request for a Continuance pursuant to CCP 437c(h) is denied. Plaintiff requests a continuance in the penultimate paragraph of the points and au...
2021.11.09 Motion to File Complaint 815
Location: Sacramento
Judge: Mesiwala, Shama H
Hearing Date: 2021.11.09
Excerpt: ...tor shall provide the tentative ruling to Plaintiff Ivan Kilgore within 48 hours. The litigation coordinator is directed to have Plaintiff Ivan Kilgore available at oral argument on November 17, 2021 at 1:30 pm. Appearance will be by ZOOM. Department 53 Zoom ID is: 841 204 6267. To appear on Zoom by phone, call (888) 475‐4499 or (877) 853‐5257 (toll‐free) and enter the Zoom ID referenced above for oral argument on November 3, 2021. Appearan...
2021.11.09 Motion to Post Bond and Stay Complaint 042
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.11.09
Excerpt: ... OSP's request for judicial notice of the files and records in this action and in Sacramento County Superior Court, case numbers 34‐2018‐00239612 and 34‐2018‐ 00239618 is unopposed and granted. Factual and Procedural Background This action arises from the fractured relationship between the Trust and OSP, and specifically OSP's manager, Roger Duke (“Duke”). The Trust has a 65% ownership interest in OSP, with 65% voting rights. Duke has...
2021.11.09 Motion to Set Aside Enforcing Settlement 691
Location: Sacramento
Judge: Mesiwala, Shama H
Hearing Date: 2021.11.09
Excerpt: ...73 (b). According to the Register of Actions, Plaintiff is self‐represented. No substitution of attorney has been filed since Plaintiff became self‐represented on June 29, 2021 when his former attorney McKinney filed a substitution of attorney. On March 16, 2021, the parties to this action took part in a court‐ supervised settlement conference wherein the parties entered a written agreement to settle the entire case, with prejudice, for the...
2021.11.09 Motion to Strike 851
Location: Sacramento
Judge: Mesiwala, Shama H
Hearing Date: 2021.11.09
Excerpt: ...School and take the head coaching position at Defendants Capital Christian. FAC ¶ 12. During Plaintiffs time at Del Oro, Plaintiff won a state championship, was a state championship finalist three times, won three Northern California Regional Championships, six CIF SJS Section Championships, made fourteen playoff appearances, and won seven SFL Titles. FAC ¶ 13. Plaintiff alleges that In order to induce Plaintiff to leave Del Oro High School, De...
2021.11.04 Motion to Set Aside Default Judgment 437
Location: Sacramento
Judge: Mesiwala, Shama H
Hearing Date: 2021.11.04
Excerpt: ...021. (ROA 62). In this action Plaintiff alleges claims against Defendant Sage Pools, Inc. (“Sage Pools”) for breach of contract, breach of express warranty, breach of the covenant of good faith and fair dealing, fraud and negligence in connection with the installation of a swimming pool. Sage Pools initially answered the complaint and filed a crosscomplaint. However, the answer and cross‐complaint were stricken after Plaintiff made a motion...
2021.11.04 Motion to Compel Responses 090
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.11.04
Excerpt: ...y Valenzano dba Plumbing Service Co.'s motion to compel further responses to discovery is ruled upon as follows. In this action, Plaintiff alleges that Valenzano was performing plumbing services at 1414 E Street, Sacramento, CA, a property owned by SMUD, when he caused a fire that spread to Plaintiff's property. Valenzano seeks to compel Plaintiff's further responses to request for admissions (set one), form interrogatories (set one), and request...
2021.11.04 Motion to Compel Production of Docs, Deposition 339
Location: Sacramento
Judge: Mesiwala, Shama H
Hearing Date: 2021.11.04
Excerpt: ...ter. She alleges that she had a contingency fee agreement allowing for a percentage of the gross recovery and also provided her a charging lien for any sums owing for unpaid fees and costs. Ms. Palmieri alleges that she associated with Defendants in June 2016 and recommended that Ms. Gilliland follow her. She alleges that Defendants agreed to a division of fees pursuant to which Ms. Palmieri would be paid a minimum of 20%. She alleges that she ul...
2021.11.04 Motion to Compel Production of Docs 655
Location: Sacramento
Judge: Mesiwala, Shama H
Hearing Date: 2021.11.04
Excerpt: ...laintiff Anna Sandoval‐Ryan alleges causes of action for NIED and wrongful death on her own behalf. Other heirs of the Decedent have also joined the action as plaintiffs. The action arises out of the care the Decedent received at Sacramento Post‐Acute. At issue on this motion are certain document requests attached to a deposition notice to Defendant's PMQ. Defendant is correct that the motion is somewhat confusing because while the Notice of ...
2021.11.04 Motion to Compel Further Deposition Testimony 501
Location: Sacramento
Judge: Mesiwala, Shama H
Hearing Date: 2021.11.04
Excerpt: ...death, related to the care of decedent Gerard Follettie. The Decedent was a resident at Crocus Holding, LLC dba Roseville Care Center (“RCC”). Plaintiffs have alleged that RCC was owned and operated by various “corporate overseers” including, Plum Healthcare Group, LLC; Bay Bridge Capital Partners, LLC; New Sisu Holdco, LLC, Flower Farm Roup, LLC; OPCO Holdings, LLC; California OPCO, LLC; Jack Sanofsky; Ranjit Singh; GI Partners Holdings ...
2021.11.04 Motion to Compel Arbitration and Stay Action 321
Location: Sacramento
Judge: Mesiwala, Shama H
Hearing Date: 2021.11.04
Excerpt: ...April 6, 2018. Plaintiff alleges that she received written warranties and express and implied warranties from Defendant in connection with purchase of the Vehicle. (Comp. ¶ 7.) Plaintiff alleges that she delivered the Vehicle on at least ten occasions to an authorized service and repair facility for defects in the Vehicle, including defects related to the “infotainment master controller,” the smart keys, battery failure, and more. (Id. ¶¶ ...
2021.11.04 Motion for Judgment on the Pleadings 956
Location: Sacramento
Judge: Mesiwala, Shama H
Hearing Date: 2021.11.04
Excerpt: ...Appeal or superior court appellate division that is not certified for publication or ordered published must not be cited or relied upon by a court or party in any other action.” (CRC Rule 8.1115.) BANA initiated this action by filing a form complaint for common counts alleging that Defendant/Cross‐complainant Thomas Witte (“Witte”) owed a balance of $2,821.17 on a credit card. Witte filed a cross‐complaint alleging causes of action for ...
2021.11.04 Motion for Final Approval of Class Action Settlement 370
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.11.04
Excerpt: ...ction settlement, the Court is to determine whether the settlement is fair, reasonable and adequate, in light of all of the circumstances. ( California v. Levi Strauss & Co. (1986) 41 Cal.3d 460, 471; Dunk v. Ford Motor Co. (1996) 48 Cal.App.4th 1794, 1801.) The trial court has broad discretion to determine whether a proposed settlement in a class action is fair, adequate, and reasonable. ( Wershba v. Apple Computer (2001) 91 Cal.App.4th 224, 244...
2021.11.04 Motion for Class Certification 242
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.11.04
Excerpt: ...cember 6, 2016, as to which Stillwater paid at least $1 in policy benefits, and whose actual cash value indemnity payment for repairs to the structure was decreased as a result of depreciation of one or more components of the structure that are not normally subject to repair and replacement during the useful life of the structure including but not limited to range hoods, countertop subdecks, cabinets and cabinet components, drywall, drywall textu...
2021.11.04 Demurrer 928
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.11.04
Excerpt: ...d motion matters. *** Defendants the Pi Kappa Alpha International Fraternity, Inc. (“PIKE”) and Theta Tau Chapter of the Pi Kappa Alpha's (“Chapter”)(collectively the “Fraternity Defendants”) demurrer to Plaintiffs William Molina and Donna Goles' (collectively “Plaintiffs”) second amended complaint (“SAC”) is ruled upon as follows. The Fraternity Defendants' request for judicial notice is granted. In taking judicial notice of ...

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