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6288 Results

Location: Sacramento x
2022.10.20 Motion to Seal 058
Location: Sacramento
Judge: Sueyoshi, Richard K
Hearing Date: 2022.10.20
Excerpt: ...ement agreement and that the parties have been unable to execute a Final Settlement Agreement. Defendants move to seal: 1. The Notice of Motion and Motion 2. The Memorandum of Points and Authorities in Support Thereof; 3. Declaration of Matthew Borden and Exhibit 1 thereto; 4. Defendants' anticipated Opposition to the Motion and exhibits filed in support' 5. Plaintiffs' anticipated reply and all declarations and exhibits filed in support; 6. Plai...
2022.10.20 Motion for Summary Judgment, Adjudication 636
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.10.20
Excerpt: ...ormer employment with Kenny G from January 2013 until her termination on April 2, 2018. Plaintiff filed the “Complaint ‐ Class Action” on May 15, 2019, alleging the following nine causes of action: (1) disability discrimination in violation of the Fair Employment and Housing Act (“FEHA”); (2) sex discrimination in violation of FEHA; (3) sexual harassment in violation of FEHA; (4) failure to prevent discrimination in violation of FEHA; (...
2022.10.20 Motion for Summary Judgment, Adjudication 360
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.10.20
Excerpt: ...nd the manner to request a hearing. If Defendant is unable to contact Plaintiffs prior to hearing, Defendant is ordered to appear at the hearing. This action arises from a vehicle collision that occurred on December 11, 2019. Plaintiffs Dainn Blue‐Mallonee and Connor Mallonee, a minor, by and through his Guardian ad Litem, Dainn Blue‐Mallonee (collectively, “Plaintiffs”) filed their Complaint on April 2, 2021. The operative Second Amended...
2022.10.20 Motion for Appointment of Counsel, for Leave to File Complaint 780
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.10.20
Excerpt: ...at Defendant battered them on property that was owned, managed or controlled by other co‐defendants in this action ("Owner Defendants"). Plaintiffs did not serve Defendant with a summons and complaint. (See Declaration of Diligence, ROA 12.) The Owner Defendants filed a cross‐complaint for indemnity and declaratory relief against Defendant on 12/14/2020. (ROA 22.) The Owner Defendants served a summons and cross‐complaint on Defendant. (ROA ...
2022.10.20 Demurrer 554
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.10.20
Excerpt: ... 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 this lemon law action filed on May 9, 2022, Plaintiffs allege they purchased a “certifie...
2022.10.20 Application to Seal Record, Motion for Summary Judgment, Adjudication 422
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.10.20
Excerpt: ...ial Facts Support of Motion for Summary Judgment (ROA 167); and Declaration of Dominique A. Pollara in Support of Motion for Summary Judgment (ROA 168.) Defendants once again move to seal portions of the above documents because they include Plaintiff Domenica Manley's medical records and/or private medical information. Defendants previously moved to seal portions of their first motion for summary judgment (“MSJ”) filed on March 9, 2022. On Ju...
2022.10.20 Motion for Terminating Sanctions 459
Location: Sacramento
Judge: Sueyoshi, Richard K
Hearing Date: 2022.10.20
Excerpt: ...the District of Nevada (Case No. 21‐50397‐ nmc) is unopposed and granted. Factual and Procedural Background WHI commenced this action on September 24, 2019 against Elise Akers (“Akers”); Akers Bookkeeping and Taxes; RPR Customs, Inc.; and Akers Payroll Services. In essence, Plaintiff alleges Akers, in her role as bookkeeper for WHI, embezzled over $200,000 of WHI's money. On October 28, 2019, Akers Bookkeeping and Taxes, and Akers Family ...
2022.10.19 Demurrer 973
Location: Sacramento
Judge: Sueyoshi, Richard K
Hearing Date: 2022.10.19
Excerpt: ...he Implied Covenant of Good Faith and Fair Dealing, Promissory Estoppel, Negligence, Concealment, False Promise, Fraud, Negligent Misrepresentation, and Wrongful Foreclosure. The complaint arises from Plaintiff's attempt to obtain a loan modification from Defendant. Defendant demurs to the complaint on numerous grounds. It argues that Plaintiff fails to allege any facts showing that the HBOR applies because there are no allegations regarding the ...
2022.10.19 Demurrer 667
Location: Sacramento
Judge: Sueyoshi, Richard K
Hearing Date: 2022.10.19
Excerpt: ...en discovered. (Comp. ¶ 1.) The second paragraph alleges that the corporate defendants were doing business in California. (Id. ¶ 2.) The third paragraph alleges that the “Defendants, and with the permission of each other Defendant, negligently conducted themselves, and did negligently own, lease, operate, control, entrust, maintain, and repair a certain motor vehicle so as to cause the same to strike and injure Plaintiff on or about December ...
2022.10.19 Motion for Relief from Deemed Admissions 282
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.10.19
Excerpt: ...ed against Defendants. (ROAs 22‐23.) Defendants were not represented at that time. Plaintiff has a pending motion for judgment on the pleadings, interlocutory order, and appointment of partition referee scheduled for October 26, 2022. Plaintiff's motion for judgment on the pleadings is based on the matters deemed admitted. Defendants now seek relief from admissions pursuant to CCP §2033.300 on the grounds of “inadvertence, surprise, mistake,...
2022.10.19 Motion to Quash Service of Summons 518
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.10.19
Excerpt: ...tember 20, 2021. (ROA 7.) The summons and complaint were served on “Baria Khattab, Wife” at 2821 Sedge Ct, Elk Grove, CA 95757. The proof service on Precision shows that Precision was substitute served on November 8, 2021. (ROA 30.) The summons and complaint were served on "'John Doe Manager" at 9250 Big Horn Blvd STE 100, Elk Grove, CA 95758. Khattab moves to quash the summons and complaint on the ground that Khattab was not properly served ...
2022.10.19 Motion to Strike (SLAPP) 009
Location: Sacramento
Judge: Sueyoshi, Richard K
Hearing Date: 2022.10.19
Excerpt: ...e on defendants' anti‐SLAPP motion (Code Civ. Proc., § 425.16). The trial court only had jurisdiction to thereafter entertain a motion brought by defendants for attorneys fees and costs.” (Law Offices of Andrew L. Ellis v. Yang (2009) 178 Cal.App.4th 869, 881.) A plaintiff cannot avoid fees by dismissing the action after an anti‐SLAPP motion is filed in the event the motion would have been granted. The Court retains jurisdiction to enterta...
2022.10.18 Motion to Quash Subpoenas Duces Tecum 764
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.10.18
Excerpt: ...th of their contents. (Sosinsky v. Grant (1992) 6 Cal.App.4th 1548, 1566.) Background This is an employment gender discrimination, retaliation, whistleblower retaliation, and failure to prevent action. Plaintiff alleges that she was employed by Defendants as the Chief Information Security Officer for the UC Davis Medical Center. She alleges that she was wrongfully terminated after making informal and formal complaints regarding internal practices...
2022.10.18 Motion to Dismiss 310
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.10.18
Excerpt: ...ing several defendants and Does 1 through 100. CalHFA was not named as a defendant. Plaintiffs filed their first amended complaint on May 30, 2017, their second amended complaint on September 7, 2017, their third amended complaint on January 28, 2019, and their fourth amended complaint on June 17, 2019. CalHFA was not named as a defendant in any of these complaints. In each complaint, Plaintiff generally alleges Defendants committed fraudulent tr...
2022.10.18 Motion to Compel Further Responses 193
Location: Sacramento
Judge: Sueyoshi, Richard K
Hearing Date: 2022.10.18
Excerpt: ...fecting former non‐exempt employees of Defendant. Plaintiff seeks to compel a further response to Special Interrogatory No. 1, which requests Defendant identify nonexempt employees during the PAGA period. (Anderson Decl., ¶ 6, Exh. 1.) Plaintiff also requests sanctions in the amount of $7,060 for 5 hours of work incurred to prepare this motion at a rate of $700 per hour, an additional anticipated 5 hours for the reply and attending the hearing...
2022.10.18 Motion to Compel Arbitration and Stay Proceedings 413
Location: Sacramento
Judge: Sueyoshi, Richard K
Hearing Date: 2022.10.18
Excerpt: ...e Song‐Beverly Warranty Act and for fraudulent inducement. (See Complaint.) Plaintiff allegedly purchased a new 2017 Nissan Pathfinder (the “Vehicle”) from an unidentified “Seller” that was manufactured by Defendant. (Complaint, ¶¶ 4‐6.) Plaintiff alleges the vehicle failed to conform to warranties provided by Defendant. (Complaint ¶¶ 7‐35.) Plaintiff alleges there was a purchase agreement for the Vehicle that is in Defendant's ...
2022.10.18 Motion to Authorize Deposition of Prisoner 942
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.10.18
Excerpt: ...ictorville, California. In this case, Plaintiffs allege that certain funds, of which Plaintiff East West Bank is beneficial owner, were illegally transferred by Ms. Carpoff and/or her husband as part of a Ponzi scheme to Defendant Segal & Associates, PC. Ms. Carpoff purportedly authorized the fraudulent transfer of $5,000,000 invested by East West Bank in the Carpoffs' investment fund from the fund to the trust account of The Strauss Law Firm. Of...
2022.10.18 Motion for Summary Judgment, Adjudication, to Seal Portions of Motion 758
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.10.18
Excerpt: ...alleges that she underwent a septorhinoplasty procedure on March 25, 2020 that was performed by Dr. Mabourakh. Plaintiff alleges that Dr. Mabourakh “carried out a substandard procedure that caused her multiple infections,” and that Dr. Mabourakh “failed to remove the stents from her nose which led to a staph Aureus infection.” (Complaint, Attachment to Cause of Action, p. 1.) Plaintiff further alleges that she had to undergo a second proc...
2022.10.18 Motion for New Trial 903
Location: Sacramento
Judge: Sueyoshi, Richard K
Hearing Date: 2022.10.18
Excerpt: ...lina's Additional Facts and Supporting Evidence (“AMF”) (Seeds Decl., ¶ 2, Exh. A) is granted. Lexington's request for judicial notice of portions of the record incorporated by reference (Barron Decl., ¶ 20) is granted. This is an action for bad faith following an adverse verdict against Plaintiffs Elaine McDonald and Silva Trucking, Inc. (“Plaintiffs”) in an underlying action. Plaintiffs had a primary insurance policy with Carolina in ...
2022.10.18 Demurrers 138
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.10.18
Excerpt: ...partment of Corrections and Rehabilitation (“CDCR”) as a non‐custody stationary engineer with duties that included maintaining and repairing mechanical systems at High Desert State Prison (“HDSP”) in Susanville, California. (SAC, ¶¶ 12‐ 13.) On May 1, 2020, as part of his job duties, Plaintiff intended to access the roof of an administrative building at HDSP that was located outside the secured perimeter and adjacent to an armed gua...
2022.10.13 Motion for Summary Judgment, Adjudication 702
Location: Sacramento
Judge: Mennemeier, Kenneth
Hearing Date: 2022.10.13
Excerpt: ...2017. Plaintiff worked in the Elk Grove OB/GYN department as a licensed vocational nurse. Plaintiff filed her original Complaint on June 12, 2018, and the operative First Amended Complaint (“1AC”) on August 21, 2018. The 1AC alleges causes of action for: (1) CFRA interference; (2) violation of Health and Safety Code section 1278.5; (3) adverse employment action in violation of public policy; and (4) defamation. Defendant moves for summary adj...
2022.10.13 Demurrer to FAC 448
Location: Sacramento
Judge: Mennemeier, Kenneth
Hearing Date: 2022.10.13
Excerpt: .... Moving counsel is directed to contact Plaintiff's counsel and advise 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 Plaintiff's counsel prior to hearing, moving counsel is ordered to appear at the hearing. Plaintiff's request for judicial notice in support of Plaintiff's opposition is granted. In taking judicial notice of these documents, the Court accept...
2022.10.13 Motion to Deposit by Stakeholder 233
Location: Sacramento
Judge: Sueyoshi, Richard K
Hearing Date: 2022.10.13
Excerpt: ...ued to Tropical Paradise Pools Spas and Backyard, a California Corporation (“Tropical Paradise”) as principal. (Declaration of Carlos E. Sosa (“Sosa Decl.”) ¶ 2.) The bond was issued pursuant to Business and Professions Code section 7071.6 and is in the penal sum of $15,000. (Ibid.) However, in this particular case, “[t] he maximum liability for all claims is $7,500 as provided for by the bond and by the Code[,] [a]s there are no homeo...
2022.10.13 Motion to Compel Further Responses 842
Location: Sacramento
Judge: Mennemeier, Kenneth
Hearing Date: 2022.10.13
Excerpt: ... without redaction for attorney‐client privilege is DENIED. Defendant's request for judicial notice in support of its reply is granted. On September 20, 2021, Defendant served Requests for Production, Set Three, containing two RFPs, numbers 57 and 58, which seek communications between Plaintiff and two individuals. (Kitzes Decl. ¶ 5.) At issue here is RFP number 57, which seeks “ALL COMMUNICATIONS, including emails and text messages, between...
2022.10.13 Motion to Compel Production of Docs 159
Location: Sacramento
Judge: Sueyoshi, Richard K
Hearing Date: 2022.10.13
Excerpt: ...production of all responsive documents corresponding to those Requests; and to compel Defendant to pay monetary sanctions for its abuses of the discovery process. Plaintiff argues that FCA US's responses are deficient and that its objections to Plaintiff's discovery lack merit. Defendant opposes. Trial is currently set for March 21, 2023. In this Lemon Law action, Plaintiff alleges that her 2010 Dodge Charger vehicle, which was manufactured and d...
2022.10.13 Petition to Compel Arbitration 893
Location: Sacramento
Judge: Sueyoshi, Richard K
Hearing Date: 2022.10.13
Excerpt: ...er to Dealer's Opposition, but did not file any of its own evidence in support thereof. Plaintiff's instant motion seeks: (1) to arbitrate the controversy pursuant to the grievance and arbitration provisions of Retail Installment Sale Contract ("RISC") between the parties, (2) an order for a stay pending the results of arbitration, (3) a request for costs and (4) an order for reasonable attorney's fees with respect to all work performed for the a...
2022.10.12 Motion to Strike (SLAPP) 828
Location: Sacramento
Judge: Sueyoshi, Richard K
Hearing Date: 2022.10.12
Excerpt: ...xt to each other. Plaintiffs allege that in August 2021, Bender began making defamatory statements about them. (Complaint, ¶¶ 7‐8.) Plaintiffs allege that Bender posted on the Nextdoor website that “Plaintiffs were ‘cooking with chemicals,' [and] stating Plaintiffs' behavior ‘resembles people on drugs.'” (Complaint, ¶ 10.) Bender also agreed “ with others' statements that such conduct related to creating/manufacturing drugs, and ot...
2022.10.12 Motion to Strike (SLAPP) 050
Location: Sacramento
Judge: Sueyoshi, Richard K
Hearing Date: 2022.10.12
Excerpt: ...ively, “Plaintiffs”) per pursuant to CCP § 425.16 is UNOPPOSED and GRANTED. Defendants' request for judicial notice is granted. Factual and Procedural Background This action involves Plaintiffs' repeated attempts to sue the Sacramento Metropolitan Air Quality Management District (the “District”) and its employees and attorneys over the past two decades. By way of background, on August 11, 2020, this Court entered judgment against Plainti...
2022.10.12 Motion to Compel Arbitration 831
Location: Sacramento
Judge: Sueyoshi, Richard K
Hearing Date: 2022.10.12
Excerpt: ...fs reside on 19 different spaces at the Community. Among other things, they assert causes of action seeking relief for nuisance under the Mobilehome Residency Law (“MRL”). Defendants move to compel 13 of the 32 plaintiffs to arbitrate their claims based on an arbitration provision contained in their respective lease agreements. The arbitration provision provides as follows: DISPUTE RESOLUTION PROCESS: To ensure speedy resolution of disputes, ...
2022.10.12 Demurrer to TAC 482
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.10.12
Excerpt: ...st at the time oral argument is requested notify the clerk and opposing counsel of the causes of action that will be addressed at the hearing. The parties are also reminded that pursuant to local court rules, only limited oral argument is permitted on law and motion matters. *** Defendants Northland Group, Inc. (“Northland”), LVNV Funding, LLC (“LVNV”) and Resurgent Capital Services, L.P.'s (“Resurgent”) (collectively “Defendants”...
2022.10.11 Demurrer 725
Location: Sacramento
Judge: Sueyoshi, Richard K
Hearing Date: 2022.10.11
Excerpt: ... 54 Cal.App.4th 216, 219; Nordlinger v. Lynch (1990) 225 Cal.App.3d 1259, 1271; Boyle v. City of Redondo Beach (1999) 70 Cal.App.4th 1109, 1114, fn. 2.) “If the complaint states a cause of action under any theory, regardless of the title under which the factual basis for relief is stated, that aspect of the complaint is good against demurrer." (Quelimane Co. v. Stewart Title Guaranty Co. (1998) 19 Cal.4th 26, 38‐39; Bagatti v. Dept. of Rehabi...
2022.10.11 Motion for Summary Judgment, Adjudication 009
Location: Sacramento
Judge: Sueyoshi, Richard K
Hearing Date: 2022.10.11
Excerpt: ... the requirement to submit supporting evidence in a single compendium of evidence. (Cal. Rules of Court, rule 3.1350(c).) Further, the parties are reminded that one purpose of the requirements for a separate statement is to ease the burden on the Court. ( Security Pacific Nat. Bank v. Bradley (1992) 4 Cal.App.4th 89, 99.) In achieving this goal, responses to separate statements are required to unequivocally state whether a fact is disputed or und...
2022.10.11 Motion for Terminating Sanctions 524
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.10.11
Excerpt: ... Plaintiff with written discovery requests, including Special Interrogatories (Set One) and Request for Production (Set One). (Lee Decl., ¶ 3.) On December 15, 2021, Plaintiff's former counsel requested an extension to provide responses by December 21, 2021. (Lee Decl., ¶ 4.) No responses were provided, and Defendant's counsel met and conferred with Plaintiff's counsel on December 29, 2022. (Lee Decl., ¶ 4.) On January 7, 2022, Plaintiff's cou...
2022.10.11 Motion to Compel Further Responses 970
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.10.11
Excerpt: ...uses of actions against defendants challenging the foreclosure and seeks compensatory and punitive damages. (See ROA 236.) On March 31, 2022, Defendant served Plaintiff with form interrogatories, set one. After being granted an extension to respond, Plaintiff served responses and objections on May 26, 2022. On July 5, 2022, counsel for Defendant sent a meet and confer letter to Plaintiff's counsel related to several of Plaintiff's responses to th...
2022.10.11 Motion to Compel Further Responses 718
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.10.11
Excerpt: ...tiff initiated this action against Mr. Marsh and Marsh Property Solutions, LLC on July 7, 2021. (Androvich Decl., ¶ 3.) At some point thereafter, Plaintiff's counsel learned from defense counsel that Defendant would be asserting a sudden medical emergency defense. (Androvich Decl., ¶ 4.) Plaintiff subsequently served written discovery on January 14, 2022, which included a request for all of Defendant's medical records for the five years prior t...
2022.10.11 Motion to Compel Production of Exhibits Used During Deposition 818
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.10.11
Excerpt: ...sition was conducted remotely via Zoom on two separate days: August 10 and August 23. During the August 10 session, Plaintiff's counsel attached three documents as exhibits and labeled them Exhibits A‐C. Exhibit B consisted of 252 pages of Plaintiff's medical records for her treatment with Dr. Siy. Exhibit C consisted of six pages of Plaintiff's employment records. These documents were provided to the court reporter to attach to the deposition ...
2022.10.11 Motion to Quash Deposition Subpoena 920
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.10.11
Excerpt: ...dant's motions raise the same issues. Thus, the Court rules on both motions in a single ruling, as follows. Background In this employment case, Plaintiff brings four causes of action under FEHA for (1) hostile work environment harassment; (2) retaliation; (3) discrimination; and (4) failure to prevent harassment, retaliation, and/or discrimination. Plaintiff is a Hispanic gay male with a disability and alleges he was harassed and discriminated ag...
2022.10.11 Special Motion to Strike 829
Location: Sacramento
Judge: Sueyoshi, Richard K
Hearing Date: 2022.10.11
Excerpt: ... Plaintiff's claims against them were barred by tribal sovereign immunity. (Acres v. Marston (2021) 72 Cal.App.5th 417.) Defendants also had a pending anti‐SLAPP motion which the Court declined to reach because the Court found it was moot as a result of its ruling on the motion to quash. Plaintiff's complaint arises from a previous action in the Tribal Court (the “Tribal Action”) of the Blue Lake Rancheria (“Blue Lake”). The Tribal Acti...
2022.10.06 Motion to Compel Arbitration and Stay Judicial Proceedings 531
Location: Sacramento
Judge: Sueyoshi, Richard K
Hearing Date: 2022.10.06
Excerpt: ... 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 by Zoom or by telephone. Factual Background This action arises out of plaintiff's prior employment by Spyglass, which oper...
2022.10.06 Motion for Final Approval Hearing 748
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.10.06
Excerpt: ...y indicates that it will grant final approval of the class action settlement conditioned upon further arguments to be made during the final fairness hearing. Although the Court anticipates that neither Plaintiffs nor Defendants 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...
2022.10.06 Motion for Judgment on the Pleadings 446
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.10.06
Excerpt: ...e Accusation of Norcal Gold Inc., Andrew Avalos, Inna Inessa Chernioglo, and Beverly Kendall (DRE Case No. H‐6375 SAC) is granted. Plaintiff Juliet Sanchez (“Plaintiff”) filed the Complaint in this action on December 10, 2020, alleging the following six causes of action: (1) breach of contract; (2) breach of the implied covenant of good faith and fair dealing; (3) fraudulent misrepresentation; (4) fraudulent concealment; (5) latent defect (...
2022.10.06 Motion for Summary Adjudication 758
Location: Sacramento
Judge: Sueyoshi, Richard K
Hearing Date: 2022.10.06
Excerpt: ... 8 ½" x 11" sheet with hard paper or plastic tabs extending below the bottom of the page bearing the exhibit designation. Plaintiff Erika Paleny's (“Plaintiff”) request for judicial notice is granted. The Court does not rule on Defendants' evidentiary objections filed in support of the reply since they concern evidence deemed immaterial to decision on the motion. (Code Civ. Proc., § 437c, subd. (q).) Factual and Procedural Background This a...
2022.10.06 Motion for Summary Judgment, Adjudication 447
Location: Sacramento
Judge: Sueyoshi, Richard K
Hearing Date: 2022.10.06
Excerpt: ...judication. (Compare Code Civ. Proc. (“CCP”) § 437c, subd. (a)(1) with subd. (f)(1).) Judicial Notice Plaintiffs Carrie Ann Whitlow and Terry Whitlow's (“Plaintiffs”) request that the Court take judicial notice of the Court's June 11, 2019 Order denying Kia's demurrer to Plaintiffs' Complaint is granted. The remainder of Plaintiffs' request for judicial notice is denied as irrelevant. Evidentiary Objections The Court declines to rule on ...
2022.10.06 Demurrer 123
Location: Sacramento
Judge: Sueyoshi, Richard K
Hearing Date: 2022.10.06
Excerpt: ...el 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, along with the correct address for Dept. 53/54. If moving counsel is unable to contact opposing counsel prior to hearing, moving counsel is ordered to appear at the hearing by Zoom or by telephone. Moving counsel failed to comply with CRC Rule 3.1110(b)(3)‐(4). Plaintiff's opposition wa...
2022.10.06 Motion to Compel Further Responses 333
Location: Sacramento
Judge: Sueyoshi, Richard K
Hearing Date: 2022.10.06
Excerpt: ...ospital despite being “medically and legally eligible to be discharged. The complaint describes defendant Smedley as a “patient care advocate” who has “unreasonably and unlawfully advised” defendant Brennan “to ignore and refuse all safe discharge options offered…by Plaintiff.” In the moving papers, plaintiff argues that while defendant Smedley provided some factual information in his initial response to Form Interrogatory No. 15....
2022.10.06 Motion to Enforce CCP Section 998 to Compromise 224
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.10.06
Excerpt: ...t is 813 6th Street, Sacramento, California 95814. Plaintiff shall notify Defendant immediately. The notice of motion also fails to provide notice of the Court's tentative ruling system as required by Local Rule 1.06(D). Plaintiff is ordered to notify Defendant immediately of the tentative ruling system and the manner to request a hearing. If Plaintiff is unable to contact Defendant prior to hearing, Plaintiff is ordered to appear at the hearing....
2022.10.06 Motion to Enforce Settlement 757
Location: Sacramento
Judge: Sueyoshi, Richard K
Hearing Date: 2022.10.06
Excerpt: ... global settlement following mediation in May 2022 and although plaintiff's attorney filed with the Court on 5/19/2022 a “Notice of Settlement” (which resulted in the 7/12/2022 trial date being vacated), plaintiff subsequently “rescinded her acceptance” of the earlier settlement offer and now refuses to execute a formal “Settlement Agreement and Release.” The Court granted on 9/8/2022 plaintiff's attorney's motion to withdraw. CPS now...
2022.10.06 Motion to File FAC 408
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.10.06
Excerpt: ...controlled by defendant Phillip Chang (“Defendant”). The accident took place on November 1, 2019. Plaintiff filed his Form Complaint on September 3, 2021, alleging causes of action for general negligence and premises liability. The Complaint alleges Defendant directly and/or indirectly hired Plaintiff to help in the construction of the Subject Property. Defendant filed a Cross‐Complaint against Cross‐Defendant Juan Guzman (“Guzman”) o...
2022.10.06 Motion to Quash Deposition Subpoena 763
Location: Sacramento
Judge: Sueyoshi, Richard K
Hearing Date: 2022.10.06
Excerpt: ...rd and remains viewable by the public. The same is true for the various account numbers found in the attachments to the Fernandez Declaration in opposition. Both counsel are reminded that such personal, private information should pursuant to CRC Rule 1.201 be redacted prior to filing with the Court. Factual Background Plaintiff is the sole surviving child of Curtis Mackey (the “Decedent”). Defendant is the Trustee of the Curtis Mackey, Jr. Tr...
2022.10.06 Petition to Confirm Arbitration Award 525
Location: Sacramento
Judge: Sueyoshi, Richard K
Hearing Date: 2022.10.06
Excerpt: ...reply and finding no petition from respondent to vacate and/or correct, the Court now issues the following tentative ruling. Petitioner Swift Financial LLC's petition to confirm contractual arbitration award is ruled upon as follows. Although the notice of hearing provided notice of the Court's tentative ruling system as required by Local Rule 1.06(D), the notice does not comply with that rule in that it refers Local Rule 2.47 [pertaining to the ...
2022.10.06 Motion to Contest Application for Good Faith Settlement 841
Location: Sacramento
Judge: Sueyoshi, Richard K
Hearing Date: 2022.10.06
Excerpt: ...of Good Faith Settlement Between Plaintiffs and Lethesia Guzman and the Estate of David Miranda is DENIED. Having denied the two motions, the Court GRANTS Defendants Lethesia Guzman and the Estate of David Miranda's Application for Determination of Good Faith Settlement. FACTUAL BACKGROUND For purposes of the Court's consideration of this motion, the Court provides the following background. This case involves multiple accidents that occurred in t...
2022.10.05 Motion for Appointment of Counsel 780
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.10.05
Excerpt: ... hearing date shall automatically be continued one week plus one court day for oral argument. The continuance 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 9:00 a.m. on the date of the continued hearing date, which will be October 13, 2022, to participate in oral argument. To appear on Zoom telephonically, c...
2022.10.05 Demurrer 395
Location: Sacramento
Judge: Sueyoshi, Richard K
Hearing Date: 2022.10.05
Excerpt: ...hether the complaint is well‐pled. In this action, Plaintiff alleges causes of action against Defendant for conversion, violation of Business & Professions Code § 17200, fraudulent misrepresentation and intentional interference with contract. Plaintiff alleges that it specializes in recovering and supplying refrigerants. (Comp. ¶ 11.) Plaintiff alleges it utilizes a unique piece of equipment called “El Machino” which it constructs through...
2022.10.05 Demurrer 455
Location: Sacramento
Judge: Sueyoshi, Richard K
Hearing Date: 2022.10.05
Excerpt: ... Wigle's vehicle and Plaintiff. The first cause of action for declaratory relief is asserted against the insurance company defendants and seeks a declaration regarding the parties' rights under the subject insurance policies. Plaintiff appears to allege that the insurance company defendants have engaged in bad faith as it related to Wigle. Wigle demurs to the first cause of action on the basis Plaintiff has misjoined the insurance company defenda...
2022.10.05 Demurrer, Motion to Strike 900
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.10.05
Excerpt: ...sed and assaulted in foster care while under the legal custody, care, and control of the County and co‐defendant County of Sacramento. Plaintiff alleges that “Defendants owed a duty to care for and protect Plaintiff, a child in foster care in San Bernardino and Sacramento Counties, and in that regard, assumed an obligation of the highest order to ensure her safety. See Cal. Welf. and Inst. Code § 16000.1(a).” (Complaint, ¶ 13.) Plaintiff ...
2022.10.05 Demurrer 934
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.10.05
Excerpt: ...��) demurrer to Plaintiff in pro per Larry Redic's (“Plaintiff”) complaint is ruled upon as follows. Defendants' request for judicial notice of Executive Order N‐33‐20 is granted. The Court declines to take judicial notice that the Order “does not establish specific COVID ‐19 safety protocols for California's prisons.” (See, Def.'s RJN at 1:26‐27.) The Court notes that Plaintiff filed an opposition on August 11, 2022, which was th...
2022.10.05 Motion for Summary Judgment, Adjudication 041
Location: Sacramento
Judge: Sueyoshi, Richard K
Hearing Date: 2022.10.05
Excerpt: ...n the Anatolia housing development which is subject to Defendant's conditions, covenants and restrictions (CC&Rs). Plaintiff alleges Defendant issued a Notice of Intent to Record Assessment Lien on January 30, 2020, claiming there were delinquent assessments, late fees, collection fees and a current assessment. Plaintiff alleges Defendant's lien was incorrect and that she had timely paid all assessments and that Defendant failed to credit her pay...
2022.10.05 Motion for Summary Judgment, Adjudication 890
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.10.05
Excerpt: ...the hearing and the parties should be prepared to point to specific evidence which is claimed to show the existence or non‐existence of a triable issue of material fact. *** Defendants Sutter Valley Hospital (“Sutter”) and Sammy Maysonet's (“Maysonet”) (collectively “Defendants”) motion for summary judgment, or in the alternative, summary adjudication is ruled upon as follows. I. Overview This is a FEHA employment action for disabil...
2022.10.05 Motion to Strike 113
Location: Sacramento
Judge: Sueyoshi, Richard K
Hearing Date: 2022.10.05
Excerpt: ...laint against ADC alleging various causes of action arising out of her employment with ADC as a dental hygienist. She alleges various wage and hour claims under the Labor Code in addition to causes of action under FEHA. ADC thereafter filed a cross‐complaint against David Miller, Plaintiff's father. ADC alleges that its causes of action arise out of the same transaction, occurrence or series of transactions or occurrences as Plaintiff's claims....
2022.10.05 Motion to Strike, Demurrer 661
Location: Sacramento
Judge: Sueyoshi, Richard K
Hearing Date: 2022.10.05
Excerpt: ... A motion to strike is appropriate to strike out any irrelevant, false or improper matter asserted in any pleading and the Court may strike out all or any party of any pleading not drawn or filed in conformity with the law. (See Code Civ. Pro. § 436 (a)‐(c).) A motion to strike challenges portions of a cause of action that are substantively defective on the face of the complaint. (PH II, Inc. v. Superior Court (1995) 33 Cal.App.4th 1680, 1682�...
2022.10.05 Petition to Compel Arbitration 130
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.10.05
Excerpt: ...iction of emotional distress, wrongful death and violation of Residents Bill of Rights. Plaintiff Kathryn Koontz (“Kathryn” or “Decedent”) and her son David Koontz, as successor‐in‐interest, and individually (“David”) filed this action arising from Kathryn residency at defendant The Chateau on Capital Avenue (“Facility” or “Chateau”), an assisted living facility. Plaintiffs allege that Capital Avenue OPCO LLC and SRG Sacra...
2022.10.04 Motion to File Amended Complaint 592
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.10.04
Excerpt: ...548, 1566; Kilroy v. State of California (2004) 119 Cal.App.4th 140, 145‐146.) Background This is a dispute between residential neighbors. In December of 2017, Plaintiffs purchased a home in Fair Oaks, California directly adjacent to the home of Defendants Jeff Will and Pam Will (“Defendants”). Defendants' property sits approximately 15‐20 feet higher than Plaintiffs' property, which results in runoff of water and debris from Defendants' ...
2022.10.04 Motion to Compel Discovery Responses 839
Location: Sacramento
Judge: Sueyoshi, Richard K
Hearing Date: 2022.10.04
Excerpt: ...n was necessary. The Court finds the bulk of the issues should have been resolved during the meet and confer process and the failure of the parties to do so is suggestive that neither party made a reasonable effort to resolve this dispute. The parties are admonished that if there are similar circumstances in the future, the Court may direct the parties to meet and confer further before hearing a discovery motion. In this particular instance, the ...
2022.10.04 Motion for Summary Judgment, Adjudication 879
Location: Sacramento
Judge: Sueyoshi, Richard K
Hearing Date: 2022.10.04
Excerpt: ...gages in a three‐step process. First, the Court identifies the issues framed by the pleadings. The pleadings define the scope of the issues on a motion for summary judgment or summary adjudication. (FPI Dev. Inc. v. Nakashima (1991) 231 Cal.App.3d 367, 381‐382.) Because a motion for summary judgment or summary adjudication is limited to the issues raised by the pleadings (Lewis v. Chevron (2004) 119 Cal. App. 4th 690, 694), all evidence submi...
2022.10.04 Motion for Summary Judgment, Adjudication 420
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.10.04
Excerpt: ...unts based on an open book account for money due and an account stated in writing between Plaintiff and Defendant. According to Plaintiff's computerized records of the loan, which are maintained in the ordinary course of Plaintiff's business, the remaining balance on the loan, including interest, totals $24,505.39. (UMF Nos. 7, 10.) Legal Standard CCP section 473c(c) requires that a motion for summary judgment be granted "if all the papers submit...
2022.10.04 Motion for Reconsideration 746
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.10.04
Excerpt: ... that occurred on August 23, 2015. (See Osborn Second Amended Complaint (“SAC”), ¶ 8.) According to Plaintiffs' respective second amended complaints, Plaintiff Regina Wander was driving a 2007 Hyundai Santa Fe when she experienced a sudden unintended acceleration event that resulted in her losing control of the vehicle and causing it to travel at a high rate of speed before colliding with the Osborn Plaintiffs' vehicle. Plaintiffs allege tha...
2022.10.04 Motion for Final Approval of Class Action Settlement 979
Location: Sacramento
Judge: Sueyoshi, Richard K
Hearing Date: 2022.10.04
Excerpt: ...p.m in Department 53. (Code of Civ. Proc. § 382; Cal. Rules of Court, rule 3.769.) Background This is a wage and hour class action for various alleged violations of the Labor Code by Defendant Fleetcor Technologies Operating Company, LLC (collectively “Defendant”). Plaintiff commenced this action by filing a complaint on behalf of herself and other non‐ exempt employees of Defendants. The operative pleadings is the First Amended Complaint ...
2022.10.04 Demurrer, Motion to Strike 956
Location: Sacramento
Judge: Sueyoshi, Richard K
Hearing Date: 2022.10.04
Excerpt: ...JN”). In its RJN, BANA cites to Evidence Code section 452(h) and seeks judicial notice by the Court of two documents attached thereto which BANA describes as follows: Exhibit A: “Credit Card Agreement for Thomas M. Witte” dated August 2014 Exhibit B: “Changes to Your Credit Card” dated August 2015 (ROA 105.) The Court notes that BANA's RJN in support of its demurrer is nearly identical to BANA's previously‐filed Request for Judicial N...
2022.10.04 Demurrer to SAC 914
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.10.04
Excerpt: ... amended complaint on the ground of failure to allege exhaustion of administrative remedies. (ROA 51.) Defendant now challenges the second amended complaint on the same ground. This is a health insurance action. Plaintiff brings this action individually and as the executor of the estate of Ron Pruitt, her late father (hereafter, “Decedent”). (SAC, ¶ 1.) Decedent was a member of PERSCare, a health insurance plan funded by Defendant and admini...
2022.09.29 Motion for Attorney Fees, to Tax Costs 631
Location: Sacramento
Judge: Sueyoshi, Richard K
Hearing Date: 2022.09.29
Excerpt: ...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 by Zoom or by telephone. Moving counsel failed to comply with CRC Rule 3.1110(b)(3)‐(4). Opposing counsel failed to comply with CRC Rule 3.1110(b)(3). Factual Background This 2015 action is well known to the Court and in sum, it aris...
2022.09.29 Motion to be Relieved from Liability 324
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.09.29
Excerpt: ...l Retirement Annuity, known as Policy No. 0101211094. (Mills Decl. ¶ 3.) As of October 21, 2021, the Non‐Qualified Annuity had a lump sum value of $30,082.44 and the Individual Retirement Annuity had a lump sum value of $60,495.35. (Mills Decl. ¶ 4.) Both policies named the Insured's children, J. Ruedas, J. Zavoral, and G. Zavoral, as purported equal beneficiaries. (Mills Decl. ¶ 2.) On November 30, 2018, Plaintiff received a Change in Benef...
2022.09.29 Motion to Compel Compliance with Court Order Re Physical 573
Location: Sacramento
Judge: Sueyoshi, Richard K
Hearing Date: 2022.09.29
Excerpt: ...ed 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 by Zoom or by telephone. The notice of motion also does not comply with Code of Civil Procedure §1010 or CRC Rule 3.1110(a). Fac...
2022.09.29 Motion to Compel Further Responses 586
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.09.29
Excerpt: ...ide notice of the Court's tentative ruling system as required by Local Rule 1.06(D). Defendants are ordered to notify Plaintiff immediately of the tentative ruling system and the manner to request a hearing. If Defendants are unable to contact Plaintiff prior to hearing, Defendants are ordered to appear at the hearing. Plaintiff filed this personal injury action on November 2, 2021, arising from a motor vehicle accident that occurred on December ...
2022.09.29 Motion to Set Aside Settlement 295
Location: Sacramento
Judge: Sueyoshi, Richard K
Hearing Date: 2022.09.29
Excerpt: ...d previously been damaged, totaled and salvaged. Plaintiffs sued for fraud, rescission and other statutory violations. In early 2022 the parties agreed to a settlement which was memorialized in writing and on 4/15/2022, plaintiffs filed pursuant to CRC Rule 3.1385 a Notice of (Conditional) Settlement of the Entire Case, thereby removing this action from the Court's civil active list. To date, no request for dismissal of this action has been filed...
2022.09.29 Petition to Compel Arbitration 204
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.09.29
Excerpt: ...ners' interests in Gold Mountain Distribution (“GMD”). GMD is a cannabis distribution business. The parties entered into a Letter of Intent (“LOI”) on July 8, 2019, which formalized the parties' agreement. (Ramirez Decl. Exh. 1.) Petitioners contend Mr. Argudo has defaulted on the agreed upon payments and failed to assume the personal guaranty for all debts of GMD. Petitioners seek to have their dispute arbitrated in accordance with the t...
2022.09.29 Motion to Strike or Tax Costs 631
Location: Sacramento
Judge: Sueyoshi, Richard K
Hearing Date: 2022.09.29
Excerpt: ...at will 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. *** Both moving and opposing counsel failed to comply with CRC Rule 3.1110(b)(3)‐(4). Factual Background This 2015 action is well known to the Court and in sum, it arises from an alleged real estate partnership between plaintiffs Angelica Lynn and Angel Lynn Realty (“ALR”) on the one...
2022.09.28 Motion to Approve Settlement 027
Location: Sacramento
Judge: Sueyoshi, Richard K
Hearing Date: 2022.09.28
Excerpt: ...homas in Case No. 34‐ 2022‐00313560 as authorized representatives of the Labor and Workforce Development Agency (LWDA) and similarly situated individuals who were employed by Defendant Career Systems Development in California between January 28, 2019 and June 19 2022. Plaintiff Alexander asserted claims premised on the alleged failure to pay overtime, failure to pay minimum wages, failure to provide meal and rest period premiums, failure to r...
2022.09.28 Demurrer 577
Location: Sacramento
Judge: Sueyoshi, Richard K
Hearing Date: 2022.09.28
Excerpt: ...ion filed on August 31, 2022, Defendant's counsel indicates Plaintiff's counsel conceded that Defendant did not owe her a fiduciary duty and was willing to dismiss the second cause of action for breach of fiduciary duty which would also impact the third cause of action for constructive fraud premised on the existence of a fiduciary duty. (Shirley Decl. ¶ 11.) Defendant's counsel asked Plaintiff's counsel if he wanted to file a third amended comp...
2022.09.28 Motion for Summary Judgment, Adjudication 681
Location: Sacramento
Judge: Sueyoshi, Richard K
Hearing Date: 2022.09.28
Excerpt: ...sonal benefit of his mistress, Yimin Dai and himself. Defendant is the trustee of the Samuel B. Fong Trust and Executor of Samuel B. Fong's estate. At issue on the instant motion is a complaint filed by Sam's siblings (Anna FingMorgan, et al.) (the “Siblings”) against Defendant and Defendant's cross‐petition for an “Order Confirming Trust Assets” in response to the Siblings' complaint. Generally, the Siblings allege Sam engaged in misco...
2022.09.28 Motion for Summary Judgment, Adjudication 822
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.09.28
Excerpt: ...tion, the Court elects to address the motion as it concerns each plaintiff separately. This tentative ruling concerns Plaintiff David Gunter's (“Gunter”) claims. A separate tentative ruling will be filed concurrently relating to Plaintiff Bruce Zike's (“Zike”) claims. Evidentiary Objections Pursuant to Code of Civil procedure section 437c, subdivision (q), the Court only rules on the objections to evidence deemed material to its dispositi...
2022.09.28 Demurrer 062
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.09.28
Excerpt: ...the defendant. Plaintiffs dismissed PWS on May 19, 2020. (ROA 11.) Plaintiffs thereafter named Jerome F. Lipp, JFL LLC, and Re ReduX LLC as Does 1‐3, respectively. (ROAs 14, 16, 19.) In their Judicial Council Form complaint, Plaintiffs allege that Does 1‐3 “were the agents or employees of other named defendants and acted within the scope of that agency or employment.” (Complaint, ¶ 6a.) Plaintiffs allege that a fire broke out at the reta...
2022.09.28 Motion to Compel Arbitration 729
Location: Sacramento
Judge: Sueyoshi, Richard K
Hearing Date: 2022.09.28
Excerpt: ...or rehearing challenged the holding that once individual PAGA claims have been ordered to arbitration, the remaining non‐individual PAGA claims should be dismissed for lack of standing. The petition for rehearing was denied on August 22, 2022. The Court's original tentative ruling addressed the merits of the motion and indicated that in the event that petition was denied, it would grant the motion to compel and would dismiss the matter. However...
2022.09.28 Motion to Compel Further Responses 423
Location: Sacramento
Judge: Sueyoshi, Richard K
Hearing Date: 2022.09.28
Excerpt: ...t) and for declaratory relief. Plaintiff has since dismissed the declaratory relief cause of action. Plaintiff's causes of action arise from allegations that he had agreements with certain parties (“DPG parties”) which provided that he would have a first position security interest as to money that he lent/invested which was collateralized by the DPG parties' assets, including an automobile sub‐prime loan portfolio titled in the name of Spri...
2022.09.28 Motion to Compel Further Responses 683
Location: Sacramento
Judge: Sueyoshi, Richard K
Hearing Date: 2022.09.28
Excerpt: ...ruck which crossed an opposing lane of traffic and collided with the Decedent's vehicle. The collision resulted in the Decedent's death. Plaintiffs allege that Defendants Amazon Logistics, Inc., JC's Express Lanes, Mian Transportations, Inc., and Jose R. Colon, Jr., were in the commercial trucking industry and were engaged in “the owning, leasing, dispatching, hiring, operating, servicing, brokering, maintaining, entrusting, renting, and/or lea...
2022.09.28 Motion to Compel Responses 583
Location: Sacramento
Judge: Sueyoshi, Richard K
Hearing Date: 2022.09.28
Excerpt: ...bility discrimination, failure to accommodate, failure to engage in the interactive process, retaliation and failure to prevent discrimination, harassment and retaliation. She also alleges a cause of action for wrongful termination in violation of public policy and defamation. Plaintiff alleges that she had been employed for over ten years and was Defendant's preschool director. She alleges that Defendant terminated her because of her need for me...
2022.09.28 Motion to Quash Deposition Subpoena 785
Location: Sacramento
Judge: Sueyoshi, Richard K
Hearing Date: 2022.09.28
Excerpt: ...ss, depression, lack of appetite and fatigue”. (Comp. ¶ 20.) Plaintiff also alleged harassment causes of action against individual defendants ("Defendant's employees”). Prior to Plaintiff's deposition, she produced 87 pages of unredacted mental health records which were marked confidential and produced pursuant to the parties' stipulated protective order. Defendant then served a subpoena for the production of records to Kaiser Permanente whe...
2022.09.28 Petition to Compel Arbitration 545
Location: Sacramento
Judge: Sueyoshi, Richard K
Hearing Date: 2022.09.28
Excerpt: ...violation of Health & Safety Code § 1430(b), wrongful death, medical malpractice, and more. The action arises from the care the Decedent received at Defendant's skilled nursing facility. Defendant moves to compel the action to arbitration on the basis that Richard Holben (“Richard') signed an Arbitration Agreement in connection with the Decedent's admission to the facility in November 2020. Defendant contends Richard had the authority to sign ...
2022.09.27 Demurrer 281
Location: Sacramento
Judge: Sueyoshi, Richard K
Hearing Date: 2022.09.27
Excerpt: ...ion by sale of a single‐family home located in Sacramento (“the Property”). Chiment alleges as follows: (1) Hall purchased the Property in November 1998 and told Chiment that she would become a part owner following Hall's divorce; (2) by 2001 Hall made Chiment a joint tenant of the Property; (3) a dispute developed between Chiment and Hall and Chiment left the Property in March 2022; (4) Hall has solely occupied the Property since the dispu...
2022.09.27 Demurrer 838
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.09.27
Excerpt: ... 5, 2019, Plaintiff entered into a California Residential Purchase Agreement to purchase the Subject Property from sellers Mark and Lisa Voiselle. Defendant Valary L. Jennings (“Jennings”) was the sales agent for the sellers and acted under the direct supervision of her broker, Purplebricks, Inc., aka Purplebricks Realty, Inc. (“Purplebricks Realty”). Plaintiff alleges that Jennings performed a visual inspection of the Subject Property on...
2022.09.27 Demurrer 934
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.09.27
Excerpt: ... within 48 hours of receipt. The hearing date shall automatically be continued one week plus one court day for oral argument. The continuance date will always be an appearance required hearing so that the self‐represented party need not request oral argument. The Litigation Coordinator shall make the self‐represented party available, by Zoom telephonically, at 9:00 a.m. on the date of the continued hearing date, which will be 10/5/2022, to pa...
2022.09.27 Demurrer to TAC, to Strike 028
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.09.27
Excerpt: ...fendant Corrosion Materials, Inc.'s (“CMI”) demurrer to Plaintiff Hogan Mfg. Inc.'s (“Plaintiff”) third amended complaint (“TAC”) is ruled upon as follows. Background & Allegations in the TAC This is a contract dispute. In the operative TAC, Plaintiff alleges that CMI approached Plaintiff in September of 2016 with a proposal in which Plaintiff would process sheet metal provided by CMI into “Top Skins,” which CMI would then sell to...
2022.09.27 Demurrer to FAC 066
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.09.27
Excerpt: ... taking judicial notice of these documents, the court accepts the fact of their existence, not 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.) This is Defendants' second challenge the Plaintiffs' operative complaint. On March 15, 2022, this Court sustained Defendants' demurrer to Plaintiffs' initial complaint on...
2022.09.27 Motion for Summary Judgment, Adjudication 935
Location: Sacramento
Judge: Sueyoshi, Richard K
Hearing Date: 2022.09.27
Excerpt: ...ult of a gift deed from Charles Watson who has since died. Plaintiff contends that he desires to sell the property but Defendant has refused. Plaintiff asserts that he has been the only one maintaining the property, paying the taxes, etc. and that it has become unduly burdensome. Plaintiff now seeks summary judgment and an interlocutory judgment of partition and sale pursuant to Code of Civil Procedure §§ 872.210 and 872.710. Defendant filed a ...
2022.09.27 Motion to Compel Arbitration 006
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.09.27
Excerpt: ...r: (1) failure to pay overtime; (2) failure to pay minimum wage; (3) failure to timely pay wages during employment; (4) inaccurate wage statement penalties; (5) failure to reimburse work‐related expenses; (6) waiting‐time penalties. Plaintiff also has a PAGA cause of action wherein he seeks to recover PAGA penalties on behalf of himself, the State of California, and all current and former aggrieved employees. (Compl., ¶ 31.) After applying f...
2022.09.27 Motion to File Amended Complaint 275
Location: Sacramento
Judge: Sueyoshi, Richard K
Hearing Date: 2022.09.27
Excerpt: ... The opposition also asserts that plaintiff's motion here fails to comply with the provisions of CRC Rule 3.1324 and that several of the proposed causes of action are either time‐barred or otherwise deficient. Defendant's Request for Judicial Notice, which attaches copies of court filings, is unopposed and is granted. This action, commenced on 2/8/2022, arises out of plaintiff's employment with defendant. The present complaint purports to asser...
2022.09.22 Motion to Strike or Tax Costs 860
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.09.22
Excerpt: ... ordered to notify MCM immediately of the tentative ruling system and the manner to request a hearing. If Lombardi is unable to contact MCM prior to hearing, Lombardi is ordered to appear at the hearing. Lombardi has also indicated the incorrect address in the notice of motion. The correct address for Department 54 of the Sacramento County Superior Court is 813 6th Street, Sacramento, California 95814. Lombardi seeks to strike the MOC filed by MC...
2022.09.22 Motion to Quash Subpoena 695
Location: Sacramento
Judge: Sueyoshi, Richard K
Hearing Date: 2022.09.22
Excerpt: ...to October 27, 2022, at 1:30 PM, in this Department, so that parties can engage in continued good faith meet‐and‐confer efforts. The notice of motion provides the incorrect address of Department 53. The correct address for Department 53 of the Sacramento County Superior Court is 813 6th Street, Sacramento, California 95814. Plaintiff filed her operative First Amended Complaint (“FAC”) against Defendants on July 6, 2021. (ROA 20.) Plaintif...
2022.09.22 Motion to Compel Further Responses 616
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.09.22
Excerpt: ... Production of Documents, and Special Interrogatories is ruled upon as follows. This motion seeks multiple forms of relief regarding four separate forms of written discovery (requests for admissions, form interrogatories, special interrogatories, and requests for production), each of which contemplates a separate motion. Instead of filing separate motions as to each separate form of discovery, which is preferred by the Court, Defendant filed a si...
2022.09.22 Motion to Compel Deposition, Production of Docs 397
Location: Sacramento
Judge: Sueyoshi, Richard K
Hearing Date: 2022.09.22
Excerpt: ...tion as a concession of its merits. In this elder abuse action Plaintiffs served the subject deposition notice (along with approximately 46 other notices) on April 7, 2022. (Dudensing Decl. Ex A.) At issue on this particular motion are the depositions of Folsom Investors' employees, originally noticed for the following dates: Brenda Hicks ‐ May 24, 2022 Malissa Ehrman ‐ May 24, 2022 Allie McCutchan ‐ May 25, 2022 Chantel Krahn ‐ May 25, 2...
2022.09.22 Motion for Summary Judgment, Adjudication 246
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.09.22
Excerpt: ...ling system and the manner to request a hearing. If Dr. McGraw is unable to contact Plaintiff prior to hearing, Dr. McGraw is ordered to appear at the hearing. This is a medical malpractice action arising out of the care and treatment of plaintiff Jack Kellum (“Plaintiff”) during 2018 and 2019 by Dr. McGraw. Plaintiff filed his original Complaint on January 26, 2021, and the operative First Amended Complaint on March 10, 2021. The First Amend...

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