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6288 Results

Location: Sacramento x
2023.03.28 Motion for Summary Judgment, Adjudication 514
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2023.03.28
Excerpt: ...d. Objection Nos. 7 and 8 to the Declaration of Jason Louie are sustained. The remaining objections are overruled to the extent they involve evidence that was relevant to the Court's decision on the merits of the motion. Defendant's objections are overruled to the extent they involve evidence that was relevant to the Court's decision on the merits of the motion. Defendant's objections apply only to portions of Plaintiff's declaration and the tran...
2023.03.28 Motion for Assignment Order 030
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2023.03.28
Excerpt: ...btors: (1) The Retreat at Roya Green LLC; (2) Antonette Tin, also known as Antonette 8. Tin, Antonette Butlig Tin, and Antonette Fernando, an individual; and (3) Antonette Tin dba Precious Angels Care (collectively, "Defendants" or "Judgment Debtors"). (ROA 95.) Plaintiffs' moton is ruled upon as follows. Background Plaintiffs filed their complaint on August 17, 2018 alleging various wage-and-hour causes of action. Defendants filed their answer o...
2023.03.28 Motion for Appointment of Counsel 362
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2023.03.28
Excerpt: ...ng date shall automatically be continued one week plus one court day for oral argument. The contnuance date will always be an appearance required hearing so that Plaintiff need not request oral argument. The Litigation Coordinator shall make Plaintiff available, by Zoom telephonically, at 9m a.m. on the date of the continued hearing date, which will be Wednesday, April 5, 2023, to participate in oral argument. To appear on Zoom telephonically, ca...
2023.03.28 Demurrers, Motions to Strike 887
Location: Sacramento
Judge: McFetridge, James
Hearing Date: 2023.03.28
Excerpt: ...ly requested on this matter (i.e., before 4:00 p.m. today), it will take place beginning at 1:15 p.m. tomorrow, Tuesday, March 28, 2023. *** *** If oral argument is requested, the parties must at the time oral argument is requested notify the clerk and opposing counsel of the specific causes of action that will be addressed at the hearing. Counsel are also reminded that pursuant to local rules, only limited oral argument is *** Factual Background...
2023.03.28 Demurrer 503
Location: Sacramento
Judge: McFetridge, James
Hearing Date: 2023.03.28
Excerpt: ...ourt's tentative ruling system, as required by Local Rule 1.06. 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, by Zoom or by telephone. While this Court granted on 2/14/2023 defendants' mo...
2023.03.28 Motion for Summary Judgment, Adjudication 013
Location: Sacramento
Judge: McFetridge, James
Hearing Date: 2023.03.28
Excerpt: ...tter (i.e., before 4:00 p.m. today), it will take place beginning at 1:15 p.m. tomorrow, Tuesday, March 28, 2023. *** *** If oral argument is requested, the parties are directed to notify the clerk and opposing counsel at the time of the request which of moving defendant's 24 undisputed Material Facts, which of plaintiffs' five (5) Additional Material Facts will be addressed at the hearing. The parties should be prepared to point to specific admi...
2023.03.23 Motion to Compel Further Responses 220
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2023.03.23
Excerpt: ... related claims based on Defendant's reassigning him to a lesser office and clinical workspace follow-ng his surgery. Plaintiff alleges, in part, that he was wrongfully forced to participate in Defendant's Physician Assessment and Clinical Education ("PACE") program. (Second Amended Complaint ("2AC") '129-31.) Plaintiff contends the PACE program is designed for physicians with anger management issues, clinical incompetencies, medical record keepi...
2023.03.23 Demurrer 323
Location: Sacramento
Judge: Sueyoshi, Richard K
Hearing Date: 2023.03.23
Excerpt: ...nted. However, the Court only takes judicial notice of the existence of the records. Facts found by another court in its orders, findings of fact, or conclusions of law that were in dispute in that action should not be judicially noticed for the truth. ( Sosinsky v. Grant (1992) 6 Cal.App.4th 1548, 15T see also, Kilroy v. State of California (2004) 119 Cal.App.4th 140 (Third District Court of Appeal following the same).) In this action, Plaintiff...
2023.03.23 Motion to Compel Discovery Responses 044
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2023.03.23
Excerpt: ... Plaintiff electronically served Caltrans with the discovery requests on January 24, 2023, by email. (Scardigli Decl. '1 4, Exhs. 2-7.) Having received no response to the discovery requests, Plaintiff emailed Caltrans on March 1, 2023, to meet and confer and attached the requests. Plaintiff received an email notification response stating: "Your message wasn't delivered because the recipients email provided rejected it." (Scardigli Decl. 5, Exhs. ...
2023.03.23 Motion for Summary Judgment, Adjudication 565
Location: Sacramento
Judge: Sueyoshi, Richard K
Hearing Date: 2023.03.23
Excerpt: ...ant moves for summary judgment on the basis that it "did not own, possess or control the location where the subject incident occurred, and therefore did not owe any duty to Plaintiff with regard to that location." It also seeks summary judgment on the basis that Plaintiff "has no evidence to establish that the location of her accident was in an unreasonably dangerous condition, despite her fall" and that it "had no notce of any dangerous conditio...
2023.03.23 Motion to Compel Further Responses 395
Location: Sacramento
Judge: Sueyoshi, Richard K
Hearing Date: 2023.03.23
Excerpt: ...dge Mennemeier recused himself pursuant to CCP S 170.1(a)(3)(A). The tentative ruling was vacated and the matter continued to today's calendar. The Court has reviewed the original tentative ruling and the Court adopts that ruling as its own. This action arises from a vehicle collision that occurred on May 21, 2021. Plaintiffs allege that their vehicle was rear-ended by a truck driven by Defendant Sharif Davalatberki ("Davalatberki"). Plaintiffs a...
2023.03.23 Motion to Expunge Lis Pendens 920
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2023.03.23
Excerpt: ...t'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. On January 4, 2021, Alvernaz, entered into a Real Property Purchase and Sale Agreement with defendant George Blaufuss ("George"), then owner of record of the real property located at 15261 Nueva Drive, Rancho Murieta, California (the "Property"). (Alexande...
2023.03.23 Motion to File Amended Complaint 445
Location: Sacramento
Judge: Sueyoshi, Richard K
Hearing Date: 2023.03.23
Excerpt: ...cant lot and a warehouse. Plaintiffs alleged they held fundraising events at the property. Plaintiffs allege Defendant ultimately demanded Plaintiffs remove their belongings and never served them with any notice of eviction. They allege Defendant changed the locks, refused them entry and discarded belongings, all without any notice of evicton. Plaintiffs now seek to file a supplemental complaint apparently on the basis that Defendant's recent leg...
2023.03.23 Petition to Compel Arbitration 737
Location: Sacramento
Judge: Sueyoshi, Richard K
Hearing Date: 2023.03.23
Excerpt: ...rchase of a vehicle from Dealer pursuant to a Retail Installment Sales Contract ("RISC"). After purchasing the vehicle, the RISC was assigned to Bank of Stockton. Plaintiffs now seek to compel Defendants to arbitrate the dispute pursuant to an arbitration provision in the RSIC. The subject provision requires arbitration of "[alny claim or dispute, whether in contract, tort, or statute or otherwise (including the interpretation and scope of this A...
2023.03.22 Petition to Compel Arbitration 878
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2023.03.22
Excerpt: ...that her husband, Tim Constantine ("Decedent") was admitted to Defendant's nursing home for skilled nursing care ("Facility") related to his diagnosis of dementia. Plaintiff alleges that Defendant failed to establish and implement the state mandated infection control policies for COVID-19. Decedent contracted COVID-19 and died. Plaintiff filed her complaint on September 27, 2021. On October 27, 2021, Defendant removed this achon to Federal Court....
2023.03.22 Petition to Compel Arbitration 515
Location: Sacramento
Judge: Sueyoshi, Richard K
Hearing Date: 2023.03.22
Excerpt: ...rety Company ("Western") (collectively "Defendants") on November 17, 2022. On December 12, 2022 Plaintiff filed the instant motion to compel all Westlake and Maadarani to arbitrate the claims asserted in this action. (ROA 5.) The requirements for service of a petition to compel arbitration are set forth in Cade of Civil Procedure S A motion to compel arbitration must generally be served in the manner prov-ded for in the arbitration agreement. (Co...
2023.03.22 Motion to Strike (SLAPP) 633
Location: Sacramento
Judge: Sueyoshi, Richard K
Hearing Date: 2023.03.22
Excerpt: ...3.1113(d). As Elk Grove correctly argues in reply, the page limit does not include the caption page, table of contents, or table of authorities. (ld.) Excluding these pages, Elk Grove's opening memorandum complies with the page limit. The Court also rejects Plaintiff's argument that the motion should be denied because it was scheduled for more than 30 days after service of the motion as required by Code of Civil Procedure S 425.16(f). The statuto...
2023.03.22 Motion to Dismiss 621
Location: Sacramento
Judge: Sueyoshi, Richard K
Hearing Date: 2023.03.22
Excerpt: ...oy Anderson within 48 hours. The litigation coordinator is directed to have Plaintiff Troy Anderson available at oral argument on March 22, 2023 at 1:30 pm. Appearance will be by ZOOM. Department 53 zoom is: 1614650 6749. To appear on Zoom by phone, call (833) 568-8864 and enter 161 4650 6749#. Appearance is required. Defendant Governor Newsom's motion to dismiss is granted. Plaintiff filed his complaint on December 27, 2016 naming Defendant and ...
2023.03.22 Motion to Contest Application for Determination of Good Faith Settlement 762
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2023.03.22
Excerpt: ...nd Aaliyah Knox (collectively "Plaintiffs") allege that their vehicle was fully stopped at a red light at the intersection of Franklin Boulevard and Brookfield Road, waiting to make a left-hand turn (westbound) onto Brookfield from the northbound turn lane of Franklin Boulevard. While waiting for the light to turn green, Non-Settling Defendant's vehicle was traveling southbound on Franklin Boulevard and Settling Defendants' vehicle was traveling ...
2023.03.22 Motion to Compel Further Responses, to Enforce Court Order 288
Location: Sacramento
Judge: Sueyoshi, Richard K
Hearing Date: 2023.03.22
Excerpt: ...cility. Plaintiff propounded the subject discovery to Twin Rivers on September 21, 2022. (Underwind Decl., '1 5.) Twin Rivers to the requests entirely with objections. (underwood Decl., 7, Exh. 3.) Following minimal meet and confer efforts, Plaintiff brought the instant motion for an order finding Twin Rivers' objections lack merit and compelling Twin Rivers to provide further responses. Twin Rivers opposes the motion. A party may move to compel ...
2023.03.22 Demurrer, Motion to Strike 050
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2023.03.22
Excerpt: ...ya Evans, a minor and by and through her GAL Montoya Day ("Amaya"), Patrick Evans, and Jovan Warner's (collectively "Defendants") demurrer to Plaintiff Cali Thibedeau, a minor by and through her GAL Stefanie Thibedeau's ("Plaintiff") verified first amended complaint ("FAC") is ruled upon as follows. Overview Plaintiff attends Natomas Park Elementary School. (FAC, 17.) She is not a member of Snapchat and has no social media accounts. (FAC, 18.) Pl...
2023.03.22 Demurrer 892
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2023.03.22
Excerpt: ...ot the truth of their contents. (See Professional Engineers v. Dep't of Transp. (1997) 15 Cal.4th 543, 590; Steed v. Department of Consumer Affairs (2012) 204 Cal.App.4th 112, 120-121.) Procedural History Plaintiff initiated this achon on February 23, 2022 by filing a petition for relief from the provisions of Gov't Code SS 945.4 and 945.6. ("Petition") (ROA 1.) Plaintiff paid the required $435 first appearance fee. The Court granted the Petiton ...
2023.03.21 Motion to Seal Portions of Motion for Summary Judgment, Motion for Summary Judgment, Adjudication 858
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2023.03.21
Excerpt: ... and wrongful death against Dr. Singh and several other defendants. Concurrent with this motion to seal, Dr. Singh has moved for summary judgment as to Plaintiffs' entire complaint. Via this motion, Dr. Singh seeks to file under seal the following documents related to the motion for summary judgment: (1) Portions of Dr. Singh's memorandum of points and authorities (ROA 76); (2) Portions of the Declaration of Dominique A. Pollara (ROA 75); and (3)...
2023.03.21 Motion to Dismiss Heir Defendant 501
Location: Sacramento
Judge: Sueyoshi, Richard K
Hearing Date: 2023.03.21
Excerpt: ...filed in July 2018 named Sandra Herbert as an heir defendant by virtue of being the decedent's daughter. Ms. Herbert was personally served with the Summons and First Amended Complaint in September 2018 but she has to date neither filed nor served a written response to the complaint. In February 2022, plaintiffs filed a motion for an order to show cause why Ms. Herbert should not be dismissed from this action. Although the 2022 motion was unoppose...
2023.03.21 Motion to Compel Responses 944
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2023.03.21
Excerpt: ...that his office served Plaintiffs with the subject discovery on or about June 1, 2022. (Mahlstedt Decl., 2.) Counsel also states that a copy of subject discovery is attached as Exhibit A; however, no exhibits are attached to counsel's declaration. Therefore, Defendant has failed to establish that it served Plaintiffs with discovery to which Plaintiffs did not respond. The Court also notes that, at least in the typical motion to compel responses o...

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