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2882 Results

Location: Sacramento x
2020.02.25 Demurrer 507
Location: Sacramento
Judge: Brown, David I
Hearing Date: 2020.02.25
Excerpt: ...ance date. Defendant David Poxon's unopposed demurrer to self‐represented Plaintiff Everett Spillard's complaint is sustained with leave to amend. The Court notes that Plaintiff filed a first amended complaint on February 18, 2020. However, effective January 1, 2016, absent a stipulation, a party may only amend a pleading as a matter of right in response to a demurrer no later than the date the opposition to the demurrer is due. (CCP § 472(a)....
2020.02.25 Demurrer 170
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2020.02.25
Excerpt: ... matters. *** Defendants U.S. Residential Group, LLC, Providence Place Apartments, LP, and Positive Investments, Inc.'s (collectively “Defendants”) demurrer to Plaintiff Timothy Hayes' second amended complaint (“SAC”) is ruled upon as follows. Defendants' request for judicial notice is granted. I. Overview This is a personal injury action. Plaintiff alleges that on 9/12/2017, he was walking through Providence Place Apartments (“Apartmen...
2020.02.24 Petition to Compel Arbitration 703
Location: Sacramento
Judge: Brown, David I
Hearing Date: 2020.02.24
Excerpt: .... Petitioner's request for judicial notice is granted. Respondent has brought claims against Petitioner with the DLSE under the Labor Code for alleged unreimbursed business expenses. Lyft periodically updates its Terms of Service (“Terms”). Respondent consented to the Lyft's February 6, 2018 Terms on May 3, 2018. (Ayanbule Decl. ¶ 12.) Lyft released the updated February 6, 2018 Terms to drivers who had previously been approved to use the Lyf...
2020.02.24 Motion for Summary Judgment, Adjudication 100
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2020.02.24
Excerpt: ...”) was a passenger. (UMF 2.) Plaintiff was also in the vehicle with his brother, Ernani Elga, and sister‐in‐law, Rosemarie Alega, at the time. Plaintiff filed this action against Ms. Naz on April 10, 2017 in Fresno County Superior Court, and it was transferred to Sacramento County Superior Court on February 14, 2018. Plaintiff does not dispute that Ms. Naz was not the driver of the Toyota involved in the subject accident, and also does not ...
2020.02.24 Motion for Preliminary Approval of Class Action 404
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2020.02.24
Excerpt: ...o provide accurate itemized statements, failed to pay waiting time penalties, and violated the Unfair Competition Law (“UCL”), Bus. & Prof. Code § 17200. Plaintiffs further allege that Defendant is liable for civil penalties under the Private Attorneys General Act (“PAGA”). The parties engaged in informal discovery over the course of a year. They now seek preliminary approval of their settlement for the gross, non‐reversionary settleme...
2020.02.24 Motion for Judgment on the Pleadings 366
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2020.02.24
Excerpt: ...on July 1, 2015 and has failed to make minimum monthly payments due and owing on the loan since that date. On January 6, 2020, the Court granted Plaintiff's unopposed motion for order deeming requests for admission admitted. (See ROA 14.) Plaintiff now moves for judgment on the pleadings based on these admissions. Specifically, the admissions state that Defendant received a loan from LOANME, INC., that she became delinquent on her payments, that ...
2020.02.24 Demurrer 944
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2020.02.24
Excerpt: ...violation of California Government Code section 12940(a) for “pregnancy discrimination.” Specifically, Plaintiff alleges that in February 2018, while she was employed by Defendant as a server at Mimosa House, she became pregnant. She alleges that in June 2018, Defendant assigned Plaintiff to evening shifts that resulted in a substantial loss of income. Then in October 2018, Defendant demoted Plaintiff from a full‐ time server to a part‐ti...
2020.02.21 Motion for Preliminary Approval of Class Action Settlement 901
Location: Sacramento
Judge: Brown, David I
Hearing Date: 2020.02.21
Excerpt: ...iff Sherif Hakeem filed a class action Complaint in Alameda County Superior Court (“Hakeem I”) against defendant Universal Protection Service (“Defendant” or “Universal”). In that action, plaintiff Hakeem sought individual and class‐ wide damages and penalties for (1) unlawful failure to pay wages, (2) failure to provide meal and rest periods, (3) failure to provide accurate itemized wage statements, (4) failure to pay wages upon te...
2020.02.21 Demurrer, Motion to Strike 764
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2020.02.21
Excerpt: ...rs. *** Defendant Thompson's demurrer to the Third Amended Complaint (“TAC”) and motion to strike the TAC's punitive damages allegations is ruled on as follows. Plaintiff's opposition was not timely filed or served and it also fails to comply with CRC Rule 2.111(3). It was, however, considered, by the Court. The Court notes that the contract attached as Exhibit C to the TAC contains plaintiff's social security number, which is therefore viewa...
2020.02.21 Demurrer 617
Location: Sacramento
Judge: Brown, David I
Hearing Date: 2020.02.21
Excerpt: ... Defendant has indicated the incorrect address in its notice of motion. The correct address for Department 53 of the Sacramento County Superior Court is 813 6th Street, Sacramento, California 95814. Defendant shall notify Plaintiffs immediately. Defendant's request for judicial notice on reply is GRANTED only as to exhibits G and H (Court documents), but DENIED as to the remaining exhibits, which consist of email communications between the partie...
2020.02.21 Motion for Terminating Sanctions 805
Location: Sacramento
Judge: Brown, David I
Hearing Date: 2020.02.21
Excerpt: ...he tentative ruling system and to be available at the hearing, in person or by telephone, in the event Plaintiff appears without following the procedures set forth in Local Rule 1.06(B). This action arises from the termination of Plaintiff David Goudie's (“Plaintiff”) employment by Defendant. Plaintiff filed the complaint on September 8, 2017, alleging causes of action for defamation, violation of Labor Code sections 98.6, 1102.5, and 6310, a...
2020.02.21 Motion to Compel Discovery 855
Location: Sacramento
Judge: Brown, David I
Hearing Date: 2020.02.21
Excerpt: ...de at the time of hearing, the Court rules as follows on Plaintiff Richard Smigelski's (Smigelski) motion to compel further responses to form interrogatories, special interrogatories and document requests: Overview This is a putative wage and hour class action. Smigelski is the sole named plaintiff. The named defendants are PennyMac Financial Services, Inc., PennyMac Mortgage Investment Trust, and Private National Mortgage Acceptance Company, LLC...
2020.02.21 Motion to Resolve Issue of Disqualification 467
Location: Sacramento
Judge: Brown, David I
Hearing Date: 2020.02.21
Excerpt: ...ively approve the employment of a legal secretary. This motion involves Plaintiffs' counsel, the Law Office, Ed Dudensing attorney‐at‐law (“TLO”) and TLO's hiring of Margaret Mallough as a legal secretary. TLO has hired Ms. Mallough, but apparently she has not yet started working at TLO. TLO indicates Ms. Mallough will not begin work until this Court issues an order on this motion. By this motion, Plaintiffs seek “an order that the empl...
2020.02.20 Petition to Compel Arbitration 757
Location: Sacramento
Judge: Brown, David I
Hearing Date: 2020.02.20
Excerpt: ...anuary 14 and 15, 2020 before arbitrator William Diffenderfer located in Contra Costa County. Previously, respondent had requested arbitration in Los Angeles. At the last moment, after experts had been disclosed and the matter had been significantly prepared for arbitration, claimant's attorney requested to return to mediation. This mediation was unsuccessful and ended with Respondent's counsel leaving the mediation. (Declaration of Andrew C. Obe...
2020.02.20 Petition for Leave to Present Claim Not Timely 772
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2020.02.20
Excerpt: ...nable to contact defense counsel prior to the hearing, Plaintiff's counsel shall be available at the hearing, in person or by telephone, in the event defense counsel appears without following the procedures set forth in Local Rule 1.06(B). Plaintiff's petition under Government Code section 946.6 for leave to present a claim not timely filed is GRANTED. Overview On June 12, 2018, Plaintiff, a native Armenian with limited English language abilities...
2020.02.20 Motion to Strike Punitive Damages 533
Location: Sacramento
Judge: Brown, David I
Hearing Date: 2020.02.20
Excerpt: ...ahed Harb approached slowing and stopped traffic from behind on west bound U.S. 50 at speeds in excess of 70 miles per hour, and that he intentionally failed to slow for the vehicles ahead and veered across 3 lanes of the highway without braking or slowing, then struck plaintiffs stopped vehicle from behind at 70 miles per hour. (See Judicial Council Form Complaint) Although there is no Exemplary Damages attachment to the Complaint, under Section...
2020.02.20 Motion to Quash Subpoena 425
Location: Sacramento
Judge: Brown, David I
Hearing Date: 2020.02.20
Excerpt: ...sale after the home was cited as an illegal marijuana grow operation and allegedly failed to disclose the mold problems arising from the illegal operation. The subpoenas seek all of Plaintiff Alicia Tutt's medical records from the last ten (10) years. Plaintiffs contend the subpoenas are overbroad, and are not limited to the conditions put at issue in this lawsuit. Plaintiffs contend the subpoenas invade plaintiff's constitutional right of privac...
2020.02.20 Motion to Expunge Lis Pendens 577
Location: Sacramento
Judge: Brown, David I
Hearing Date: 2020.02.20
Excerpt: ... 50‐50 tenancy and common agreement. (See FAC ¶ 16) Defendants seek to expunge the lis pendens on the basis that the First Amended Complaint does not contain a real property claim. A "real property claim" as defined in Title 4.5, Recording Notice of Certain Actions, is "a cause of causes of action in a pleading which would, if meritorious, affect (a) title to, or the right to possession of, specific real property." CCP 405.4) A lis pendens may...
2020.02.20 Motion to Dismiss 470
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2020.02.20
Excerpt: ...sentence of paragraph 6 of Parker White's declaration in support of Plaintiff's opposition are sustained. Discussion This is a premises liability (slip and fall) action. Plaintiff filed the Complaint on December 31, 2014. Five years from the original filing date was December 31, 2019. Defendant now moves for mandatory dismissal of the action since Plaintiff failed to bring the action to trial within five years. Plaintiff opposes the motion on the...
2020.02.20 Motion to Compel Arbitration and Stay All Proceedings 306
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2020.02.20
Excerpt: ...f Angelina Zeiher alleges that in July 2016 she purchased a 2016 Mini Cooper Clubman. During the warranty period, the vehicle contained or developed a number of defects. Plaintiff alleges that Defendants are “engaged in the design, manufacture, construction, assembly, marketing, sale, and distribution of automobiles, motor vehicles and other related components and services in Sacramento County.” Plaintiff purchased the vehicle from non‐part...
2020.02.20 Demurrer 611
Location: Sacramento
Judge: Brown, David I
Hearing Date: 2020.02.20
Excerpt: ...ent to constitute a cause of action. This action arises from a dispute between plaintiff and the SVMA over plaintiff's claimed priority in the selection of exhibits spaces at the annual Sacramento Boat Show. The SVMA is a non profit mutual benefit member organization that promotes the interests of its members. SVMA hosts the Boat Show where members of the boating industry can present their products to consumers and other members of the industry. ...
2020.02.19 Motion to Stay Proceedings, Compel Arbitration 872
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2020.02.19
Excerpt: ...Wohl Declaration, Ex. C. Plaintiff's objections on reply are OVERRULED. In its discretion, the Court has considered the evidence submitted by Defendant on reply. Plaintiff's opposition raised multiple issues regarding breach, waiver, and unconscionability that were not discussed in the moving papers. Accordingly, Defendant may provide evidence on reply to respond to the new issues raised by Plaintiff in opposition. Overview Plaintiff Brian R. Mue...
2020.02.19 Motion to Compel Responses 274
Location: Sacramento
Judge: Brown, David I
Hearing Date: 2020.02.19
Excerpt: ...Engine Defects”), Plaintiffs seek to compel Defendant to provide full and complete responses to certain requests for production. Requests Nos. 1, 9, 16, 18, 20‐23, 35, 57, and 70‐73 relate to Defendant's investigation and analysis regarding the defects. Requests Nos. 7, 30, 37‐40, 44, and 52 relate to Defendant's warranty and repurchase policies. Defendant interposed numerous objections to the requests for production, including objectio...
2020.02.19 Motion to Compel Compliance with Discovery Order 447
Location: Sacramento
Judge: Brown, David I
Hearing Date: 2020.02.19
Excerpt: ... production Nos. 2, 5, 7‐11, 17, 20‐22, 24, 32, 36, 37, 40, 41, 47, 48, 50, 52, 53, 55, 56‐59, 62, 63, 65, and 70‐73. The Court ordered Defendant to provide further responses and to produce responsive documents by December 2, 2019. Plaintiffs first argue that Defendant has not served code‐compliant further responses. Plaintiffs argue that the further responses actually only demonstrate compliance in part because the further responses re...
2020.02.19 Motion to Compel Compliance 795
Location: Sacramento
Judge: Brown, David I
Hearing Date: 2020.02.19
Excerpt: ...g on Plaintiff's third motion to compel compliance ordering Defendant to “serve written, Codecompliant responses to RFPs 19, 22, 23, 26, 28, 31, 32, 35, 76, 79, 89, and 91, without objections, and shall produce all documents in Defendant's possession, custody, or control that are responsive thereto” on or before November 27, 2019. The Court also indicated that the previously‐ordered $500‐per‐day prospective monetary sanctions would rema...

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