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6288 Results

Location: Sacramento x
2023.03.21 Motion to Compel Further Responses 122
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2023.03.21
Excerpt: ...** Plaintiff Elden Thomas' ("Plaintiff") motion to compel Defendant Irish Construction's ("Defendant") further responses and responsive documents to Request for Production, Set Five, is ruled upon as follows. This is an employment retaliation and discrimination acton. Plaintiff contends that after he complained of discrimination, bullying, and harassment, Defendant retaliated against him and terminated him. (Telfer Decl. '12.) The parties entered...
2023.03.21 Demurrer, Motion to Strike 304
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2023.03.21
Excerpt: ...g a motion, except for a motion listed in rule 3.1114, must serve and file a supporting memorandum. The court may construe the absence of a memorandum as an admission that the moton or special demurrer is not meritorious and cause for its denial, and in the case of a demurrer, as a waiver of all grounds not The Court also notes that the declaration of Defendant's counsel purports to attach exhibits, but no exhibits are attached. (See Kawakami Won...
2023.03.21 Motion for Summary Judgment 292
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2023.03.21
Excerpt: .... The Court declines to rule on the remaining objections, as the subject evidence is immaterial to the disposition of the moton. (See CCP S 437c(q).) Background This is a personal injury action involving an alleged trip- and-fall that occurred on July 19, 2018. Plaintiff's complaint includes a single cause of action for negligence and alleges that Defendants negligently designed, constructed, maintained, used, controlled, managed, and/or supervis...
2023.03.16 Motion to Compel Further Responses 395
Location: Sacramento
Judge: Mennemeier, Kenneth
Hearing Date: 2023.03.16
Excerpt: ...Sharif Davalatberki ("Davalatberki"). Plaintiffs allege Mr. Davalatberki was driving the truck on Defendant Amazon Logistics, Inc.'s ("Amazon") and Defendant Tojikon, Inc.'s ("Tojikon") behalf. The traffic collision report indicated that Amazon was the motor carrier and Tojikon was the owner of the vehicle. (Park Decl. 'l Exh. 1.) Amazon's opposition argues that it is a "stretch" to believe that a police offcer would know how to correctly identif...
2023.03.16 Motion to Compel Deposition 705
Location: Sacramento
Judge: Mennemeier, Kenneth
Hearing Date: 2023.03.16
Excerpt: ...al architecture system and the transmission. Plaintiff seeks to compel Defendant to produce a person most knowledgeable ("PMK") with respect to 35 topics. The subject PMK topics deal with repairs to the subject vehicle, technical service bulletins related to the alleged defects, recalls, refusal to repurchase the subject vehicle, warranty policies, repair procedures, etc. Plaintiff first noticed a PMK deposition for a May 6, 2021 date but then se...
2023.03.16 Motion for Summary Judgment, Adjudication 644
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2023.03.16
Excerpt: ...first amended complaint ("FAC") on January 13, 2022. (ROA 21.) The FAC includes what appears to be four causes of action: (1) "personal injury for impersonation"; (2) violation of California Civil Code section 52.1; (3) breach of contract; (4) a second breach of contract claim. According to the FAC, from June 30, 2016 to June 12, 2019, Plaintiff resided as a tenant at a boarding house in Sacramento called Pete's Place. (FAC, 1.) Defendants George...
2023.03.16 Motion for Judgment on the Pleadings 427
Location: Sacramento
Judge: Mennemeier, Kenneth
Hearing Date: 2023.03.16
Excerpt: ... for judicial notice is granted as to requests 14 which consist of the complaint, Defendant's amended answer, the recorded grant deed for the Property, and the recorded severance of joint tenancy regarding the Property. Defendant did not oppose these requests. However, the request for judicial notce is denied as to requests 5-10, as to which Defendant objected. Request 5 consists of portions of Defendant's deposition testimony which as explained ...
2023.03.16 Motion for Deposit by Stakeholder 596
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2023.03.16
Excerpt: ...tion and she discovered shortly after the sale that the car needed a new engine. Ms. Mendias filed her Complaint against Sayed and Old Republic as surety, on April 20, 2022, and the operative First Amended Complaint on June 15, 2022. Ms. Mendias alleges claims for violation of the Consumers Legal Remedies Act, violation of the Song-Beverly Consumer Warranty Act, violation of Business & Professions Code S 17200, intentional misrepresentation, resc...
2023.03.16 Demurrer, Motion to Strike 622
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2023.03.16
Excerpt: ...luding EGUSD and Mr. Johnson, Los Rios Community College Districts, Consumnes River College, and the student I.J. Plaintiffs allege causes of acton for negligent supervision of students and school premises; violation of California Constitution Article 1, and Education Code S 8202; assault and battery; and negligent infliction of emotional distress. Plaintiffs allege I.V. and I.J. were students at Valley High School, an EGUSD campus, of which Mr. ...
2023.03.15 Motion for Summary Judgment, Adjudication 715
Location: Sacramento
Judge: Sueyoshi, Richard K
Hearing Date: 2023.03.15
Excerpt: ...f trial. (Code Civ. Proc. S 437c(3).) Trial is currently scheduled for March 20, 2023. As the hearing on this moton is scheduled for only five days before trial, the Court may properly consider it only if the hearing date was properly scheduled closer to trial based on a finding of good cause. Based on the trial date of March 20, 2023, the last day to hear a motion for summary judgment would ordinarily be Friday, February 17, 2023. The City filed...
2023.03.15 Demurrer 531
Location: Sacramento
Judge: Sueyoshi, Richard K
Hearing Date: 2023.03.15
Excerpt: ...Cal.App.3d 1259, 1271.) A demurrer "tests the pleadings alone and not the evidence or other extrinsic matters." (SKF Farms v. Superior Court (1984) 153 Cal.App.3d 902, 905.) "If the complaint states a cause of achon under any theory, regardless of the title under which the factual basis for relief is stated, that aspect of the complaint is against demurrer." (Quelimane Co. v. Stewart Title Guaranty co. (1998) 19 cal.4th 26, 38-39; Bagatti v. Dept...
2023.03.15 Motion for Summary Judgment 846
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2023.03.15
Excerpt: ...int on January 26, 2021, which alleges causes of action for general negligence and professional negligence. Plaintiff alleges that she came under the care of Defendants for dental services and suffered serious complications from a lidocaine injection, which complications included lockjaw. (Complaint, Attachment to Cause of Acton — Professional Negligence.) Defendants move for summary judgment on the ground Plaintiff cannot establish breach of t...
2023.03.15 Motion for Summary Judgment, Adjudication 634
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2023.03.15
Excerpt: ...NOPPOSED and GRANTED. SSR and Seefeldt filed their operative second amended complaint ("SAC") on October 24, 2018. Plaintiffs assert causes of action for fraud, conversion, theft, breach of fiduciary duty, misappropriation of proprietary information, negligence, indemnity, fraudulent conveyances, financial elder abuse, and constructve trust. Co-defendant Garth Covert was dismissed on November 8, 2018. SSR is a corporation acting as an insurance b...
2023.03.15 Motion to Compel Further Production of Docs 418
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2023.03.15
Excerpt: ...al date was set for October 11, 2022, and trial is currently set for October 2, 2023. However, as the issue was not raised in the opposition, the Court presumes for the purposes of this motion that the parties have agreed to extended deadlines. Pursuant to Code of Civil Procedure section 2024.060: Partes to an acton may, with the consent of any party affected by it, enter into an agreement to extend the tme for the completion of discovery proceed...
2023.03.15 Motion for Summary Judgment, Adjudication, to Seal Record 635
Location: Sacramento
Judge: Sueyoshi, Richard K
Hearing Date: 2023.03.15
Excerpt: ... to file certain portions of the moving papers unsealed. The Court cannot properly consider the portions of the papers for which the order to seal was denied until Defendant has had an opportunity to determine whether those portions of the papers should be filed unsealed or returned to Defendant and not filed. (Cal. Rules of Court, rule 2.551(b)(6).) Further, Defendant's decision as to whether to file portions of the moving papers unsealed or whe...
2023.03.15 Motion to Deem Matters Admitted, to Compel Further Responses 948
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2023.03.15
Excerpt: ...ust be separated by a hard 8 h" x 11" sheet with hard paper or plastic tabs extending below the bottom of the page, bearing the exhibit designation. This acton arises from a purchase order that DGS issued on March 27, 2020, to buy personal protective equipment ("PPE") from Bear Mountain. Bear Mountain filed its original Complaint against DGS on December 15, 2020, alleging a single cause of achon for breach of contract. Bear Mountain alleges it ac...
2023.03.15 Motion to Dismiss 621
Location: Sacramento
Judge: Sueyoshi, Richard K
Hearing Date: 2023.03.15
Excerpt: ... on March 22, 2023 at 1:30 pm. Appearance will be by ZOOM. Department 53 Zoom ID is: 1614550 6749. To appear on Zoom by phone, call (833) 568-8854 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 over 50 other defendants. Defendant moves to dismiss this action pursuant to CCP SS 583.310 and 583.360 for failure to brin...
2023.03.15 Motion to Strike, Demurrer 399
Location: Sacramento
Judge: Sueyoshi, Richard K
Hearing Date: 2023.03.15
Excerpt: ... owner of the vehicle operated by Defendant Driver. (Complaint, 13 and 23-27.) Defendant rented the vehicle to Defendant Cynthia Ann Cowles, who in turn gave possession of the vehicle to Defendant Driver. (Ibid.) Plaintiffs allege Defendant knew or should have known that Defendant Driver would be given possession of the vehicle, that Defendant Driver was addicted to drugs and alcohol and that Defendant Driver was likely to drive the vehicle under...
2023.03.14 Petition to Compel Arbitration 027
Location: Sacramento
Judge: Sueyoshi, Richard K
Hearing Date: 2023.03.14
Excerpt: ...oving 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, 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. Factual Background Plaintiff Murphy filed this achon on 6/16/2022, after sufferi...
2023.03.14 Motion to Quash Service of Summons and Complaint 052
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2023.03.14
Excerpt: ...pposing counsel prior to the hearing, moving counsel is ordered to appear at the hearing by Zoom or by telephone. Plaintiff's counsel is admonished for failing to comply with CRC rule 3.1110(f)(4). Exhibits must be separated by hard paper or with plastic tabs extending below the page. Specially appearing Defendant Robert Grasso's ("Grasso") motion to quash service of summons and complaint is ruled upon as follows. Background This is an alleged ch...
2023.03.14 Motion to Compel Arbitration 970
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2023.03.14
Excerpt: ...ry action by filing a complaint on October 5, 2022. In the complaint, Plaintiff alleges that on October 6, 2020, as she was exiting the vehicle being operated by an unidentified Uber driver, the driver drove away before Plaintiff completed her exit, resulting in Plaintiff being dragged by the vehicle and suffering injury. (Complaint, p. 5.) Plaintiff served the complain on Uber on October 12, 2022. (ROA 7.) On November 4, 2022, Uber's counsel sen...
2023.03.14 Motion for Terminating Sanctions 180
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2023.03.14
Excerpt: ...UNOPPOSED and ruled upon as follows. The 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 Defendant and advise her of üJcal Rule 1.06 and the Court's tentative ruling procedure and the manner to request a hearing. If moving counsel is unable to contact Defendant prior to hearing, moving counsel is ordered to appear at the hearing by Zoom or by t...
2023.03.14 Motion for Summary Judgment, Adjudication 781
Location: Sacramento
Judge: Sueyoshi, Richard K
Hearing Date: 2023.03.14
Excerpt: ...prior to hearing, moving counsel is ordered to appear at the hearing by Zoom or by telephone. Defendants Laurie and Paul Rogers, et al.'s (collectively "Rogers") motion for summary judgment or in the alternative, summary adjudication of the six (6) causes of action alleged against them in plaintiff Twinley Ventures, LLC's complaint is ruled upon as follows. *** If oral argument is requested, the parties are directed to notify the clerk and opposi...
2023.03.14 Motion for Preliminary Injunction 620
Location: Sacramento
Judge: Sueyoshi, Richard K
Hearing Date: 2023.03.14
Excerpt: ...me scheduled to occur just a three days later. Plaintiff's complaint purports to assert against a law firm now known as Carr McClellan P.C. ("CM") and Fidelity National Title Company ("FNT") causes of action for declaratory relief relative to a 2012 secured promissory note for $6W,OW and a 2020 amendment, for cancellation of deeds of trust and for "Injunctive Relieve [sic]." Moving Papers. Plaintiff's primary argument is that "the foreclosure pro...
2023.03.14 Demurrer 482
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2023.03.14
Excerpt: ...collectors. In 2012, LVNV sued Plaintiff based on a debt it had purchased from Bank of America. (4AC, "1 14-15.) A default judgment was entered against Plaintiff resulting in a lien being placed on Plaintiff's real property. (4AC, 15-17.) Plaintiff discovered the lien in early 2015 when she attempted to refinance her home. (4AC, 18.) Plaintiff only remember having one account with Bank of America, which she believed to be the account that resulte...

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