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4516 Results

Location: Sacramento x
2021.11.03 Motion to Strike (SLAPP) 096
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.11.03
Excerpt: ...posing party and advise opposing party of Local Rule 1.06 and the Court's tentative ruling procedure and the manner to request a hearing. If moving party is unable to contact opposing party prior to hearing, moving party is ordered to appear at the hearing by Zoom or by telephone. Factual Background This lawsuit appears to be the next chapter of a longstanding feud between the parties which dates back to at least the early 2000s, when EMI obtaine...
2021.11.03 Motion to Compel Further Responses 677
Location: Sacramento
Judge: Mesiwala, Shama H
Hearing Date: 2021.11.03
Excerpt: ...ers. *** Plaintiff Nafisa Naenkhail's (“Plaintiff”) motion to compel defendant General Motors LLC (“Defendant” or “GM”) to provide verified, further responses to Requests for Production of Documents (“RFPs”) Nos. 1, 3, 9, 13‐16, 31‐33, 37‐78, 90 and 91 is ruled upon as follows. This is a lemon law action arising from Plaintiffs purchase of a used 2015 Cadillac Escalade, VIN 1GYS4NKJ7FR695107 (hereinafter referred to as the "...
2021.11.03 Motion for Summary Judgment, Adjudication 792
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.11.03
Excerpt: ...l counsel are reminded that the Court's CCMS system allows the public to electronically access and view all pleadings and documents once they are filed unless the Court orders otherwise. Thus, it is imperative for counsel to appropriately redact all pleadings and documents before filing. If plaintiff and/or defendant desire to shield such personal information from the public's view, either may promptly file an appropriate motion to seal such reco...
2021.11.03 Motion for Summary Judgment, Adjudication 273
Location: Sacramento
Judge: Mesiwala, Shama H
Hearing Date: 2021.11.03
Excerpt: ...e's construction of the Central Valley segment of the High‐Speed Rail System (the "Project"). Defendant Tutor Perini Zachry Parsons (“TPZP”) was hired by the State to construct a portion of the Project on Plaintiff's land. The State obtained an access easement across Plaintiff's land for purposes of constructing the Project. Plaintiff alleges that TPZP, at the direction of the State, installed infrastructure in the easement in excess of the...
2021.11.03 Motion for Relief from Waiver of Discovery Objections 137
Location: Sacramento
Judge: Mesiwala, Shama H
Hearing Date: 2021.11.03
Excerpt: ...complaint on March 3, 2019. According to the moving papers, in October of 2019, Plaintiff propounded on Defendant form interrogatories ‐‐ general, set one; request for admissions, set one; and request for production of documents, set one. (P&As at 1‐2.) Fifteen months later, present counsel filed its substitution of attorney on January 11, 2021. On August 31, 2021, plaintiff's counsel served a meet‐and‐confer letter on Defendant. Until ...
2021.11.03 Motion for Protective Order 944
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.11.03
Excerpt: ...oved as directors and evicted from the garden. On September 9, 2021, Plaintiff Moore served the subject demand for inspection with an inspection date of October 14, 2021. Plaintiff Moore seeks to inspect plots A11 (the “Rental Plot”) as well as FB, F3, and F12 (collectively the “Food Bank Plots”). The inspection demand states in relevant part: "[T]he inspection and photograph/video taking will include the contents of each listed growing b...
2021.11.03 Demurrer, Motion to Strike 203
Location: Sacramento
Judge: Mesiwala, Shama H
Hearing Date: 2021.11.03
Excerpt: ...e is denied as moot and without prejudice. In her verified First Amended Complaint (Register of Actions (“ROA”) 21), Plaintiff asserts causes of action for sexual battery, negligence, intentional infliction of emotional distress, and gender violence and alleges that Defendants caused or contributed to her childhood sexual abuse. Defendants filed a verified Answer on 7/9/21. (ROA 33.) Plaintiff demurs to that Answer on grounds that the Answer ...
2021.11.03 Demurrer 930
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.11.03
Excerpt: ... be addressed at the hearing. Counsel are also reminded that pursuant to local rules, only limited oral argument is permitted on law and motion matters. *** Factual Allegations This action arises out of Allstate's handling of a claim submitted by plaintiffs under their homeowner's insurance policy. Plaintiffs allege their home sustained fire damage in September 2019 and they subsequently filed a claim with Allstate but Allstate “denied Plaintif...
2021.11.03 Demurrer 587
Location: Sacramento
Judge: Mesiwala, Shama H
Hearing Date: 2021.11.03
Excerpt: ...cquainted with it. (See e.g., P&As at 9‐11; Opp'n at 5‐7.) It is undisputed that CalPERS (“PERS”) is not a party to this action, and that claims between Plaintiff and PERS have been adjudicated in another action. In July of 2014, the Court sustained an earlier version of the complaint, with leave to amend, finding that plaintiff had not exhausted his administrative remedies with CalPERS. (Register of Actions (“ROA”) 38.) The Court ini...
2021.11.02 Demurrer, Motion to Strike 384
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.11.02
Excerpt: ...nd repair history. Plaintiff filed the Complaint on June 11, 2021, alleging the following causes of action: (1) violation of Consumer Legal Remedies Act § 1750 et seq.; (2) fraudulent misrepresentation; (3) negligent misrepresentation; (4) negligence per se, Vehicle Code § 11713; (5) violation of California Penal Code § 496; (6) violation of Business Code §§ 17200 et seq.; and (7) claim on statutory bond. Defendant demurs to each cause of ac...
2021.11.02 Demurrer, Motion to Strike 834
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.11.02
Excerpt: ... of medical information. Plaintiffs allege that on July 25, 2009, at a civil harassment restraining order hearing, information about Ms. Bacco‐Scribner's June 23, 2019, emergency room medical treatment at MMC was disclosed. (FAC ¶ 11.) The FAC alleges MMC performed an audit that revealed defendant Jennifer Croff, Lead Officer Administrator of Pacific Medical, Inc., wrongfully accessed Ms. Bacco‐Scribner's medical records using the Epic porta...
2021.11.02 Motion for Final Approval of Class Action Settlement 210
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.11.02
Excerpt: ... 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 not requested. The Court will not re...
2021.11.02 Motion to Compel Arbitration, to Stay Proceedings 343
Location: Sacramento
Judge: Mesiwala, Shama H
Hearing Date: 2021.11.02
Excerpt: ...otes that Defendants filed one motion seeking relief for both Defendants and not predicated on identical arguments. The Court admonishes that Defendants should have filed separate motions and, in the future, may decline to consider a motion filed on behalf of multiple defendants. Moving counsel's notice of motion does not provide notice of the Court's tentative ruling system, as required by Local Rule 1.06. Moving counsel is directed to contact P...
2021.11.02 Motion for Sanctions 592
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.11.02
Excerpt: ...dant moves on the ground that Plaintiff has failed to appear for her deposition as detailed below. In June of 2020, Defendant requested to take Plaintiff's deposition. (Ritton Decl. ¶ 13, Exh. I.) After Plaintiff's counsel did not provide a definitive date, defense counsel unilaterally noticed Plaintiff's deposition for August 12, 2020. (Ritton Decl. ¶ 3, Exh. D.) According to Plaintiff's counsel, prior to setting the deposition, he had request...
2021.11.02 Motion to Compel Deposition of PMQ 771
Location: Sacramento
Judge: Mesiwala, Shama H
Hearing Date: 2021.11.02
Excerpt: ...Kendra Littleton, CNA; (2) Wilma Canaveral, CNA; (3) David Martinez, CNA; (4) Clarice Padmore, CNA; (5) Leilani Tresca, CNA; (6) Sanprit Kaur, CNA; (7) Keshni Chand, CNA; (8) Kamlesh Kumar, CNA; (9) Shawnda West, CNA; (10) Rhodora Danho, CNA; (11) Jason Dacuag, CNA; (12) Leslie Mico, LN; (13) Adrienne Williams, LN; (14) Harpreet Gill, LN; (15) Gary Tagufa, LN; (16) Christie Mae Fajardo, LN; (17) Yetti Bedane, LN; and (18) Gurprett Kaur Dehal, LN....
2021.11.02 Motion to Compel Further Responses 653
Location: Sacramento
Judge: Mesiwala, Shama H
Hearing Date: 2021.11.02
Excerpt: ...intiffs filed the underlying Complaint against Defendant on March 18, 2019. (Register of Actions 1.) According to the Complaint, on March 17, 2010, Plaintiffs purchased a Kia Sorento (“Subject Vehicle”), which was manufactured and or distributed by Defendant. (Complaint, ¶ 7.) Plaintiffs allege the Subject Vehicle contained or developed various defects during the warranty period, Defendant and its representatives have been unable to service ...
2021.11.02 Motion to Disqualify 096
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.11.02
Excerpt: ...relationship, negligent interference with economic relationship, intentional interference with prospective economic advantage, negligent intentional interference with prospective economic advantage, intentional interference with contractual relationship, and civil conspiracy. The Complaint was filed by William D. Burger, Jr. and Caitlyn M. Hobbs of Strongin Burgner, LLP. Defendant has a special motion to strike set to be heard on November 3, 2021...
2021.10.28 Motion to Strike Representative PAGA Claim 215
Location: Sacramento
Judge: Mesiwala, Shama H
Hearing Date: 2021.10.28
Excerpt: ...ts or accepting a particular interpretation of its meaning.” ) While courts take judicial notice of public records, they do not take notice of the truth of matters stated therein. (citation omitted) ‘When judicial notice is taken of a document, … the truthfulness and proper interpretation of the document are disputable.' (StorMedia Inc. v Superior Court (1999) 20 Cal.4th 448, 457, fn 9.” Herrera v Deutsche Bank National Trust Co. (2011) 1...
2021.10.28 Motion to Compel Further Responses, to Deem Matters Admitted 213
Location: Sacramento
Judge: Mesiwala, Shama H
Hearing Date: 2021.10.28
Excerpt: ... ("C. MacPhail"), and Dorothy MacPhail ("D. MacPhail") (collectively "the MacPhails") surreptitiously took partnership profits for their own personal gain without benefit to the partnerships. (See generally, Declaration of Dorothy C. Yamamoto in support of Plaintiffs' Motion to Compel Further Responses to Request for Production of Documents, Set Two, ["Yamamoto Decl."], 112, Ex. 1, p.5 ("TAVC").) Plaintiffs move to compel further responses to for...
2021.10.28 Demurrer 996
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.10.28
Excerpt: ...tiff Michael Giambona's second amended complaint (“SAC”) is ruled upon as follows. This action arises out of Plaintiff's 2018 purchase and subsequent use of a Shiatsu Massage Pillow, which is alleged to have caused Plaintiff to suffer a stroke and various other injuries. Defendant demurs to the intentional misrepresentation (COA 3), negligent misrepresentation (COA 4), and concealment (COA 5) causes of action on the ground that Plaintiff fail...
2021.10.28 Demurrer 732
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.10.28
Excerpt: ...ants Bruce Edward Foggy (“Foggy”) and Martha Tufo's (“Tufo”)(collectively “Defendants”) demurrer to Plaintiffs Helen Darbison (“Darbison”) and Ellie Longanecker's (“Longanecker”)(collectively “Plaintiffs”) complaint is ruled upon as follows. Trial is scheduled for 1/11/2022. Overview This is an elder abuse action. Plaintiffs allege that Darbison is over 65 years old. After undergoing a total right hip Arthroplasty, Darbiso...
2021.10.28 Demurrer 225
Location: Sacramento
Judge: Mesiwala, Shama H
Hearing Date: 2021.10.28
Excerpt: ...f action. In this employment action Plaintiff alleges FEHA related causes of action against CSU including for discrimination and harassment based on disability, retaliation, and failure to engage in the interactive process. She also alleges the Tenth Cause of Action for Intentional Infliction of Emotional Distress (“IIED”) which is the subject of the instant demurrer. Plaintiff began her employment with CSU in 1989 and is currently employed a...
2021.10.28 Application for Preliminary Injunction 239
Location: Sacramento
Judge: Mesiwala, Shama H
Hearing Date: 2021.10.28
Excerpt: ...file and serve on or before October 14, 2021, evidence to support their contention that the debt of $133,800,00 was discharged in the bankruptcy and proof of service on the Trustee of notification of this lawsuit, including a copy of this minute order. The Court also permitted defendants to file supplemental briefing on or before October 14, 2021. Each party was allowed to respond to the additional briefing on or before October 21, 2021. Defendan...
2021.10.27 Motion to Strike SLAPP 434
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.10.27
Excerpt: ...font size and line‐ spacing requirements set forth in CRC Rules 2.104 and 2.108 in an apparent attempt to circumvent the 15‐page limitation found in CRC Rule 3.1113(d). Plaintiff and her counsel are advised that future filings which do not comply with the applicable Rules of Court may be stricken. Factual Background Plaintiff, an employee of a child day care center, brings this action for malicious prosecution against defendant, alleging defe...
2021.10.27 Motion to Strike SLAPP 098
Location: Sacramento
Judge: Mesiwala, Shama H
Hearing Date: 2021.10.27
Excerpt: ...inst and harassed based on his national origin. Defendant was an investigator hired by the District to investigate allegations of sexual harassment. The District fired Plaintiff over the findings of the investigation. Plaintiff also alleges causes of action against the District for IIED and Defamation. The IIED and Defamation claim are also alleged against Defendant. Plaintiff also alleges a cause of action for Professional Negligence against Def...

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