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4516 Results

Location: Sacramento x
2021.10.06 Motion for Summary Judgment 054
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.10.06
Excerpt: ...able at the hearing, in person or by telephone, in the event opposing party appears without following the procedures set forth in Local Rule 1.06 (B). Defendant in Pro Per Krystina Maurer's Motion for Summary Judgment is GRANTED as follows. Overview In September 2018, the time of the incident that forms the basis of this lawsuit, Plaintiff's son and Defendant were going through divorce proceedings and living separately. At the time of the inciden...
2021.10.06 Demurrer, Motion to Strike 776
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.10.06
Excerpt: ...l Allegations On or about October 2017, Plaintiff was hired to work for Employer and ultimately worked as a Licensed Broker Service Representative. (Complaint ¶ 10.) On or about June 2020, Plaintiff had a high‐risk pregnancy and informed her supervisor that she was pregnant and would require pregnancy disability leave due to her high risk pregnancy. Plaintiff's supervisor instructed Plaintiff to request her disability leave through Defendant's...
2021.10.06 Demurrer 848
Location: Sacramento
Judge: Mesiwala, Shama H
Hearing Date: 2021.10.06
Excerpt: ...ior to that hearing explained that the Court was declining to consider the last four pages of the moving papers because they exceeded the page limit. However, during the hearing, counsel explained that they had numbered the brief's pages so as to include the table of contents, table of authorities, and caption, which do not count toward the 15‐page limit stated in Rule of Court 3.1113. The Court will therefore proceed to analyze the substance o...
2021.10.06 Demurrer 761
Location: Sacramento
Judge: Mesiwala, Shama H
Hearing Date: 2021.10.06
Excerpt: ...nt to state any cause of action against Defendants. Defendants' request for judicial notice is granted. The SAC alleges causes of action for (1) negligence, (2) concealment, (3) intentional misrepresentation, (4) total equitable indemnity, (5) implied indemnity, and (6) comparative contribution. The FAC alleged causes of action for (1) negligence, (2) concealment, and (3) fraudulent inducement. Background In August 2012, HBE Corporation (“HBE...
2021.10.06 Demurrer 438
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.10.06
Excerpt: ...n Cross‐Complainant Janak K. Mehtani (“Mehtani”) and Cross‐Defendant Raj Sharma (“Sharma”) and a lease agreement between CrossComplainant Town and Country West G.P. (“Lessor”) and Cross‐ Defendant Eden Gardens Center, LLC (“Lessee”). Mehtani is the managing partner of Lessor and Sharma is the CEO of Lessee. Joint Venture Agreement On or about March 31 through April 2, 2018, Sharma and Mehtani entered into a written joint ven...
2021.10.06 Demurrer 422
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.10.06
Excerpt: ...ime/caps pursuant to Cross‐Complainant's company policy. Prior to holding the role of Financial Manager/Financial Controller, Byrd was CrossComplainant's Human Resources Manager and was largely responsible for drafting Cross‐Complainant's policy on vacation time and accrual rates. (First Amended CrossComplaint (“FAXC”) ¶¶ 4‐5.) Between March 2020 and September 2020, Byrd intentionally paid herself more than the allowed accrual rate fo...
2021.10.06 Demurrer 415
Location: Sacramento
Judge: Mesiwala, Shama H
Hearing Date: 2021.10.06
Excerpt: ...ction in this court in which the defendants seek declaratory relief as to plaintiffs' entitlement to the relief requested herein. See Case No. 34‐2020‐ 00277329. The parties have not filed notices of related case in either case, nor have they sought consolidation. Background Plaintiffs allege they are entitled to be compensated for their services to 3650 REIT in assisting Defendants in their attempts to obtain a large investment from the Cali...
2021.10.06 Motion for Attorney Fees 143
Location: Sacramento
Judge: Mesiwala, Shama H
Hearing Date: 2021.10.06
Excerpt: ...attorneys' fees of $ $28,817.00, as well as a 1.5 lodestar multiplier (or $14,408.20), plus $5,000 in anticipated fees for likely future work on the Reply and appearing at the hearing, for a total amount of $48,225.50 to be awarded to Plaintiffs. This is a lemon law action alleging causes of action pursuant to the Song‐Beverly Consumer Warranty Act (“the Act”). Defendant General Motors LLC (“Defendant” or “GM”) opposes. According to...
2021.10.05 Motion to Compel Deposition 396
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.10.05
Excerpt: ...f Evidence in Support of Plaintiff Zaka Vera's Motion for Order Compelling the Deposition of Jerry Mina, including Exhibits H and R, filed with this Court on or about March 24, 2021.” (ROA 288.) Plaintiff's request is granted insofar as the Court accepts the fact of its existence, not the truth of its contents. (See Professional Engineers v. Dep't of Transp. (1997) 15 Cal.4th 543, 590 [judicial notice of findings of fact does not mean that thos...
2021.10.05 Motion for Judgment on the Pleadings 328
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.10.05
Excerpt: ...it account with Plaintiff. On January 5, 2021, the Court granted Plaintiff's unopposed motion to deem matters admitted. Plaintiff now moves for judgment on the pleadings based on these admissions. Specifically, that Defendant admits he was driving a motor vehicle at the time of the incident, that he failed to drive with reasonable care, that he was the sole cause of the collision with the insured, that he caused the vehicle to be involved in a co...
2021.10.05 Motion to Compel Responses to Discovery 904
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.10.05
Excerpt: ...s admitted related to Defendant's Request for Admissions, Set Two is DENIED as follows. At the outset, moving counsel is reminded that, in the future, multiple discovery motions should not be combined into a single motion. This motion seeks multiple forms of relief regarding four separate forms of written discovery, each of which contemplates a separate motion. Instead of filing separate motions as to each separate form of discovery, which is pre...
2021.10.05 Motion to Declare Vexatious Litigants 460
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.10.05
Excerpt: ...nd motion to declare the Yeagers vexatious litigants follows this Court's prior ruling of September 26, 2018, which found the Yeagers to be vexatious litigants. (ROA 125.) In support of the prior motion, 14 of the Yeagers' prior litigations were submitted. This Court found eight of those satisfied the vexatious litigant statute, and because that exceeded the five required by CCP § 391(b)(1), held there was “no need to consider” the remaining...
2021.10.05 Petition to Compel Arbitration 968
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.10.05
Excerpt: ...&S to release the mechanics' lien. (ROA 1.) ProFrame moves to compel arbitration pursuant to the Purchase Order Agreement (the “Purchase Agreement”) the parties entered into on February 10, 2021. The Purchase Agreement is for ProFrame to supply roof trusses to a work of improvement known as The Mansion Apartments located at 700 16th Street and/or 1517 H Street, Sacramento, CA 95811 (the “Project.”) (Withee Decl. ¶ 2, Exh. 1. (Purchase Ag...
2021.09.30 Petition to Compel Arbitration 224
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.09.30
Excerpt: ...MKI”), dba Precision M.D. Cosmetic Surgery Center (“Precision”) and Mahmoud Khattab ("Khattab") (collectively “Plaintiffs”) allege that Defendants formed a joint plan to defraud and deceive MKI. Plaintiffs allege that MKI employed licensed and experienced plastic surgery medical staff, but Precision is now operated by another medical doctor, and the practice of medicine and all medical personnel are supervised by this doctor. MKI curr...
2021.09.30 Motion to Strike or Tax Costs 046
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.09.30
Excerpt: ... motion for summary judgment. (ROA 53.) On 7/28/2021, Plaintiffs dismissed the action without prejudice. (ROA 65.) Defendant filed its memorandum of costs on 8/17/2021. (ROA 69.) Defendant seeks a total of $9,021.35 in costs. Legal Standard “[T]he Legislature enacted Code of Civil Procedure section 1033.5, to expressly define the term “costs” as used in Code of Civil Procedure section 1032, the principal statute governing the right of a pre...
2021.09.30 Motion to Compel Discovery 469
Location: Sacramento
Judge: Mesiwala, Shama H
Hearing Date: 2021.09.30
Excerpt: ...etable. At issue on this motion are Plaintiff's responses to Defendant's second set of special interrogatories and second set of request for production. There are approximately 190 interrogatories and 3 related requests for production and involve the sulfite or sulfur dioxide levels (“SO2”) of the allegedly damages wine. Defendant filed a voluminous 474 page separate statement and Plaintiff responded with a 969 page opposition separate statem...
2021.09.30 Motion for Summary Judgment, Adjudication 394
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.09.30
Excerpt: ...ssed at 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. *** Defendant/Cross‐Defendant Norman S. Wright Mechanical Equipment Corp.'s (“NSW”) motion for summary judgment, or in the alternative, summary adjudication is ruled upon as follows. I. Overview This is an action involving the construction of the Hampton Inn, a fo...
2021.09.30 Motion for Summary Judgment, Adjudication 344
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.09.30
Excerpt: ...ing 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 Matheson Postal Services, Inc. (“MPSI”) and Darrel Cowan's (“Cowan”) (collectively “Defendants”) motion for summary judgment against Plaintiffs Jason (“Jason”) and Robert Jaffe's (“Robert”) (collectively “Plaintiffs”) complaint is ruled upon as fo...
2021.09.30 Motion for Preliminary Injunction 992
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.09.30
Excerpt: ...ntiff alleges that in about 2017 and 2018, Plaintiff, and Defendants Zhong and Xie entered into discussions concerning the possibility of a joint enterprise of cultivation cannabis in Mendocino County, California. (Complaint, ¶ 12.) Plaintiff, Zhong and Xie agreed that if properties could be located and a license obtained for cultivation cannabis in Mendocino County, Plaintiff, Zhong and Xie would each own thirty‐ three 1/3 each of the enterpr...
2021.09.30 Motion for Preliminary Injunction 107
Location: Sacramento
Judge: Mesiwala, Shama H
Hearing Date: 2021.09.30
Excerpt: ...Conditions and Restrictions (“CC&Rs”). The WBR consists of 237 homes which Plaintiffs allege is an equestrian community with a riding arena and trials. Plaintiffs allege that they purchased their home in February 2016 and moved in with their two horses. At the time they allege that the riding arena was in useable condition was regularly maintained by WBR. Plaintiffs allege that in October 2019 the Board of WBR stopped maintaining the riding a...
2021.09.30 Motion for Final Approval of Class Action and PAGA Settlement 067
Location: Sacramento
Judge: Mesiwala, Shama H
Hearing Date: 2021.09.30
Excerpt: ...o pay overtime, failed to provide meal periods, failed to provide rest periods, failed to provide accurate wage statements, failed to timely pay final wages, engaged in unfair competition, failed to reimburse expenses, violated the PAGA, failed to pay prevailing wages, and failed to pay reporting time. Plaintiffs have also alleged Defendants are liable for a civil penalties under the PAGA based on these violations. Defendants have denied all of P...
2021.09.30 Motion for Continuance of Motion for Summary Judgment 841
Location: Sacramento
Judge: Mesiwala, Shama H
Hearing Date: 2021.09.30
Excerpt: ... on September 21, 2021. Opposition was due by September 24, 2021. Defendant did not file its opposition until September 27, 2021. Nevertheless, the Court considered the opposition. This action involves multiple accidents that occurred on September 26, 2016, on the Yolo Causeway and three actions that have been consolidated. Defendant the Estate of David Miranda's motion for summary judgment is set for October 6, 2021. Plaintiff seeks to continue ...
2021.09.29 Petition to Compel Arbitration 744
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.09.29
Excerpt: ... 1.06, and does not provide the correct address for Dept. 53/54. 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, 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. Both the movin...
2021.09.29 Motion to Set Aside Default, Judgment 188
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.09.29
Excerpt: ...n action was commenced on 8/2/2019 and on 1/21/2020, plaintiff filed a proof of service which avers that substituted service of summons & complaint was effected on defendant Scurlock on 1/15/2020 at 3257 12th Avenue in Sacramento. More than a year later plaintiff filed on 5/5/2021 a request for entry of default and default judgment against defendant Scurlock. Default was entered the same date, with a default judgment for just over $4,000 later en...
2021.09.29 Motion to Overrule Objection to Supplemental Expert Designation 774
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.09.29
Excerpt: ....1110(a). Factual Background This personal injury action arises out a 2017 motor vehicle accident. Trial was originally set to commence in 2019 but it has been continued several times. Relevant here is the most recent trial date of 7/12/2021, before which the parties made their initial expert designations on 5/24/2021 and based on this date, the parties' supplemental designation of experts, if any, were due on or before 6/14/2021 (since 6/13/2021...

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