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6288 Results

Location: Sacramento x
2023.01.19 Motion to Compel Production of Docs 079
Location: Sacramento
Judge: Salter, Timothy W
Hearing Date: 2023.01.19
Excerpt: ...el Defendant to provide full and complete responses to certain requests for production. Requests Nos. 1, 2 and 4 relate to Plaintiff's vehicle. Request Nos. 18, 23, 25, 30, 35, 35, 49, 50, 51, 81‐85, 90 and 91 relate to Defendant's investigation and analysis regarding the defects and reports to government entities. Requests Nos. 76 and 78 relate to Defendant's warranty and repurchase policies. Defendant interposed numerous objections to the req...
2023.01.19 Motion for Summary Adjudication 009
Location: Sacramento
Judge: Salter, Timothy W
Hearing Date: 2023.01.19
Excerpt: ...umerous defendants caused the Decedent to be exposed to asbestos containing products resulting in her developing lung cancer. DCo is alleged to be one of the entities responsible for numerous automotive products which the Decedent was exposed to, including Warner Electric Brake & Clutch Company's (“Warner”) brakes and clutches, United brakes and Victor Gasket Division's gaskets. Plaintiffs also seek punitive damages. DCo moves for summary adj...
2023.01.19 Motion for Attorney Fees 059
Location: Sacramento
Judge: Salter, Timothy W
Hearing Date: 2023.01.19
Excerpt: ...14. Plaintiff's counsel is directed to contact opposing counsel forthwith to advise counsel of Department 53's correct address, Local Rule 1.06, and the Court's tentative ruling procedure. If Plaintiff's counsel is unable to contact opposing counsel prior to the hearing, Plaintiff's counsel shall be available at the hearing, in person or remotely (telephonically or by video conference via Zoom as stated in the introductory notice to today's tenta...
2023.01.19 Demurrer to FAC 391
Location: Sacramento
Judge: Salter, Timothy W
Hearing Date: 2023.01.19
Excerpt: ...t. v. Empire Water Co. (1941) 44 Cal.App.2d 61, 68 [recorded land documents, not contracts, are the subject of judicial notice on demurrer].) The Court, however, does not accept the truth of any facts within the judicially noticed documents except to the extent such facts are beyond reasonable dispute. (See Poseidon Devel., supra, 152 Cal.App.4th at 1117‐18.) see also Fontenot v. Wells Fargo Bank, N.A. (2011) 198 Cal.App.4th 256, 265 ("[A] cour...
2023.01.19 Demurrer 931
Location: Sacramento
Judge: Salter, Timothy W
Hearing Date: 2023.01.19
Excerpt: ... is the San Francisco Chapter of ACF. (Comp. ¶ 6.) Plaintiff alleges that it has been overseen by ACF but work as an autonomous unit it terms of its day‐to‐ day operations. It alleges that historically ACF holds title to property acquired by chapters but in name only and only as a trustee for any individual chapter that raised money to acquire the property. (Comp. ¶¶ 9, 10.) Plaintiff alleges it acquired investment property on November 8, ...
2023.01.19 Demurrer 161
Location: Sacramento
Judge: Salter, Timothy W
Hearing Date: 2023.01.19
Excerpt: ...each of contract, common counts, fraud, breach of the covenant of good faith and fair dealing, and for declaratory relief. The claims arise from allegations that Plaintiffs agreed to purchase real property located at 5829 Filbert Avenue in Orangevale (the “Property”) from Defendant but that Defendant has failed to place Plaintiffs on title. Defendant demurs to all of the causes of action in the FAC A demurrer “tests the pleadings alone and ...
2023.01.19 Motion to Compel Further Responses 395
Location: Sacramento
Judge: Salter, Timothy W
Hearing Date: 2023.01.19
Excerpt: ...ki. Plaintiffs allege Mr. Davalatberki was driving the truck on Defendant Amazon Logistics, Inc.'s (“Amazon”) behalf. The Court considered Amazon's opposition which was filed and served a single day late on January 6, 2023. Plaintiffs were able to file a timely reply. At issue of this motion are Amazon's responses to Plaintiffs' request for production of documents (set three). The requests seek documents of any surveillance Amazon conducted o...
2023.01.18 Motion for Summary Judgment 984
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2023.01.18
Excerpt: ...ner to request a hearing. If Plaintiff is unable to contact Defendant prior to hearing, Plaintiff is ordered to appear at the hearing. Plaintiff filed the Complaint for Partition on March 17, 2022, against defendant in pro per Lineni Noa Keil (“Defendant”) seeking partition of the real property located at 3551 Rio Loma Way, Sacramento, California 95834. Default was entered against Defendant on August 15, 2022. (ROA 22.) Plaintiff presents the...
2023.01.18 Demurrer 432
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2023.01.18
Excerpt: ...ersus pedestrian accident that occurred on May 2, 2017, where Plaintiff's brother (Eric Allen Miller) was killed when he was struck by a 2013 Toyota Tacoma driven by Steven Martin. Plaintiff alleges Mr. Martin was operating the vehicle in furtherance of his vehicle hauling business. (Complaint ¶ 10.) Plaintiff further alleges that business was insured by Redwood and that Redwood improperly denied coverage to Mr. Martin. Plaintiff and Mr. Martin ...
2023.01.18 Demurrer, Motion to Strike 511
Location: Sacramento
Judge: Chang, Shelleyanne W.L.
Hearing Date: 2023.01.18
Excerpt: ...e III sacral pressure sores. (Complaint, ¶¶ 30.) Plaintiff alleges she was completely dependent upon Defendant for daily living, that Defendant knew or should have known that Plaintiff was at high risk for the development and worsening of pressure sores. (Complaint, ¶¶ 29, 31.) Plaintiff alleges that despite this knowledge, Defendant ignored Plaintiff's needs, failed to provide necessary care to prevent the development and worsening of sores,...
2023.01.18 Motion for Judgment on the Pleadings 184
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2023.01.18
Excerpt: ... Complaint filed in this action is granted. Plaintiffs in pro per Zuri K. Colbert and Nafisah Timmons (collectively, “Plaintiffs”) filed the original Complaint on May 21, 2021, and the First Amended Complaint (“1AC”) on June 10, 2021. (ROAs 1, 16.) The 1AC alleges causes of action for fraud and negligence against the County and its employees based upon alleged inaccurate recordkeeping that conflates Plaintiffs' names with the names of oth...
2023.01.18 Motion to Compel Further Discovery Responses 681
Location: Sacramento
Judge: Chang, Shelleyanne W.L.
Hearing Date: 2023.01.18
Excerpt: ...�FROGs”), Set Two; Special Interrogatories, Set Two; Special Interrogatories, Set One; and Requests for Production of Documents, Set One, (collectively “Original Discovery”). Plaintiff opposes the request as untimely and on its merits. Defendant also moves for an order compelling responses to Supplemental Requests for Production, Set No. Supplemental One and Supplemental Interrogatory, Set No. Supplemental One (collectively “Supplemental ...
2023.01.18 Motion for Summary Judgment, Adjudication 773
Location: Sacramento
Judge: Chang, Shelleyanne W.L.
Hearing Date: 2023.01.18
Excerpt: ...overy of alleged credit card debt. (Complaint.) Plaintiff moves for summary judgment or in the alternative summary adjudication of the first cause of action for open book account and the second cause of action for account stated. (Notice.) The complaint, however, alleges only a single cause of action for common counts on separate theories of open book account and account stated. (Complaint.) Accordingly, the request for summary adjudication is de...
2023.01.18 Motion to Approve Settlement of Claims 556
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2023.01.18
Excerpt: ... for his claims brought under the Private Attorneys General Act (Labor Code § 2699 et seq.) (“PAGA”). Plaintiff filed his Complaint on January 26, 2022, asserting a single claim under PAGA for failure to pay overtime wages, failure to pay minimum wages, failure to provide meal and rest periods or pay premiums in lieu thereof, failure to provide accurate wage statements, failure to pay final wages, failure to provide paid sick leave, failure ...
2023.01.18 Motion to Compel Further Responses 912
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2023.01.18
Excerpt: ...33, 134, and 141 is GRANTED as follows. Plaintiff has indicated the incorrect address in its notice of motion. The correct address for Department 54 of the Sacramento County Superior Court is 813 6th Street, Sacramento, California 95814. Plaintiff shall notify Defendant immediately. This is a lemon law action involving a 2017 Cadillac. Plaintiff alleges the vehicle suffered from steering and electrical defects and that Defendant failed to repair ...
2023.01.18 Motion to Disqualify Counsel 913
Location: Sacramento
Judge: Chang, Shelleyanne W.L.
Hearing Date: 2023.01.18
Excerpt: ...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. This is an action by Harlan to quiet title to real property and for alleged financial elder abuse by Defendant. The property was transferred to Defendant, as...
2023.01.18 Motion to Reopen Discovery 096
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2023.01.18
Excerpt: ...Plaintiff and Expo Floors, LLC on April 15, 2019, alleging similar claims. (ROA 8.) Defendant filed an Amended Cross‐ Complaint on August 26, 2019. (ROA 41.) Plaintiff filed a First Amended Complaint on August 27, 2019. (ROA 42.) Trial was initially set for October 11, 2022. Discovery closed 30 days before that initial date on September 9, 2022. On November 10, 2021, the Court granted Defendant's motion to compel Plaintiff to provide further re...
2023.01.17 Motion for Summary Judgment, Adjudication 176
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2023.01.17
Excerpt: ...bt related to a credit card account. Plaintiff presents the following facts in its separate statement: Defendant Loudes Bernal applied to Plaintiff for a credit card account and entered into a written credit card account agreement with Plaintiff for the account number ending in 7716. (UMF 1.) Defendant agreed to be bound by the terms and conditions set forth in the Cardmember Agreement at the time Defendant applied for, received or used the the C...
2023.01.17 Demurrer 465
Location: Sacramento
Judge: Salter, Timothy W
Hearing Date: 2023.01.17
Excerpt: ...nt will be DROPPED from calendar due to defective service of notice which deprives the Court of jurisdiction to consider this matter. (Lee v. Placer Title Co. (1994) 28 Cal.App.4th 503, 509‐511.) Provided that that plaintiff files proof of timely, valid service of the moving papers at or before the hearing on this matter, the following will become the tentative ruling on this matter. Plaintiff/cross‐defendant US Alliance Federal Credit Union'...
2023.01.17 Demurrer 652
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2023.01.17
Excerpt: ...ed, managed, maintained, supervised, inspected, operated, and/or controlled” the sidewalk/premises where she was injured. (Compl. At p. 4.) On August 3, 2022, Plaintiff filed her Complaint against the City and other Defendants, alleging causes of action for general negligence and premises liability against the City. Defendant demurs to the First Cause of Action for negligence on the grounds that the cause of action as pled is improper and subje...
2023.01.17 Demurrer 014
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2023.01.17
Excerpt: .... Facts and Procedural History This case arises out of Plaintiff Lisa Vaughn's [“Plaintiff”] alleged injury caused by a dangerous condition existing at the dental office where she was employed by CrossDefendant. Plaintiff claims she rolled her desk chair into a hole in the cement floor, causing her to fall out of the chair and sustain injury. Plaintiff alleges CrossComplainants leased the property to Cross‐Defendant (her employer). Plaintif...
2023.01.17 Motion for Summary Judgment, Adjudication 374
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2023.01.17
Excerpt: ...aint (“SAC”) is 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 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 ...
2023.01.17 Motion to Compel Arbitration 025
Location: Sacramento
Judge: Salter, Timothy W
Hearing Date: 2023.01.17
Excerpt: ... not timely served but were nevertheless considered since the original hearing date of 12/7/2022 was continued to this date. Factual Background This action arises out of plaintiff's prior employment with APL. Pursuant to an agreement to resolve employment‐related claims via arbitration, plaintiff filed demand for arbitration with JAMS on 6/13/2022. On 6/24/2022 JAMS issued a “Notice of Intent to Arbitration and Filing Fee Invoices” and serv...
2023.01.17 Motion to Dismiss 482
Location: Sacramento
Judge: Salter, Timothy W
Hearing Date: 2023.01.17
Excerpt: ... 95814. Defendant shall notify Plaintiff immediately. On December 27, 2016, plaintiff Dawn Virginia Randall (“Plaintiff”) filed the Complaint in this action for personal injuries related to a fall that occurred on January 6, 2015. The initial trial date was September 25, 2018. (ROA 26.) On September 6, 2018, the Court granted Plaintiff's motion to continue trial pursuant to the parties' stipulation. (ROA 36.) A new trial date of April 16, 201...
2023.01.17 Motion to Quash Deposition Subpoena 729
Location: Sacramento
Judge: Salter, Timothy W
Hearing Date: 2023.01.17
Excerpt: ...n struck by defendants' vehicle while walking in the parking lot with her mother. Plaintiff McKinney's responses to interrogatories attest to the following injuries: “[R]ib contusions, headaches, sprains and strains to the left arm and neck, upper and lower back injuries, pain radiating down leg, and a fear of being struck by another vehicle while walking.” Defendants issued in May 2022 several subpoenas for medical records from plaintiff McK...
2023.01.17 Motion to Quash Deposition Subpoena 905
Location: Sacramento
Judge: Salter, Timothy W
Hearing Date: 2023.01.17
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. Factual Background This action arises out of plaintiff's prior employment with CSLC, where she claims to...
2023.01.12 Motion to Release Money Held by Court's Registry 305
Location: Sacramento
Judge: Salter, Timothy W
Hearing Date: 2023.01.12
Excerpt: ...unable to contact opposing counsel prior to the hearing, he shall be available at the hearing, in person or remotely (telephonically or by video conference via Zoom as stated in the introductory notice to today's tentative rulings), in the event opposing counsel appears without following the procedures set forth in Local Rule 1.06(B). Appellee's motion for order to release money held by the Court's registry is ruled upon as follows. Factual & Pro...
2023.01.12 Motion to Expunge Notice of Pending Enforcement 477
Location: Sacramento
Judge: Salter, Timothy W
Hearing Date: 2023.01.12
Excerpt: ...emurrer to Plaintiffs' Second Amended Complaint: [This action] appears to be premised on the recording of liens, specifically Notices of Pending Enforcement Action ("NOPEA") against [Plaintiff Nabil Samaan's] properties by the County of Sacramento and various employees. Plaintiffs appear to allege that the liens were recorded as a result of the fact that Samaan was successful in an earlier lawsuit. Plaintiffs allege they were denied permits to bu...
2023.01.12 Motion to Compel Further Responses 140
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2023.01.12
Excerpt: ...negligence‐wrongful death and survival action pursuant to CCP §377.30. Plaintiffs also seek punitive damages against the corporate defendants, Fedex Ground Package System, Inc. and Poly & Lyn Trucking, Inc. By this motion, Plaintiffs Heriberto Mosqueda, Sr. and Gladis Paola Barrera (collectively “Plaintiffs”) move to compel defendant Fedex Ground Package System, Inc.'s (“Defendant”) further responses to request for production nos. 1‐...
2023.01.12 Demurrer, Motion to Strike 020
Location: Sacramento
Judge: Salter, Timothy W
Hearing Date: 2023.01.12
Excerpt: ...medical treatment Plaintiff received at Kaiser's Sacramento Medical Center Emergency Department following an accident resulting in injury. Specifically, Plaintiff alleges a male Radiological Technologist named Kenya Besancon (“Besancon”) sexually assaulted and battered Plaintiff while performing an X‐ray procedure on November 13, 2020. Plaintiff filed the action on January 6, 2021, alleging a single cause of action for violation of Civil Co...
2023.01.12 Demurrer 513
Location: Sacramento
Judge: Salter, Timothy W
Hearing Date: 2023.01.12
Excerpt: ...ember 8, 2018, between Plaintiff, Plaintiff's sister, and Plaintiff's sister's boyfriend at a Food for Less store in Lathrop, CA. Plaintiff alleges that he called 911 concerning the incident and that when the City of Sacramento Police Department arrived, they unlawfully detained him, assaulted him, and denied him medical care, assuming he was the offender. (SAC at p. 5.) Plaintiff filed the original complaint on June 14, 2021, and the First Amend...
2023.01.11 Motion for Attorney Fees 050
Location: Sacramento
Judge: Damrell, Lauri
Hearing Date: 2023.01.11
Excerpt: ...o CCP § 425.16(c) is ruled upon as follows. On October 12, 2022, this Court granted Defendants' special motion to strike the Complaint under CCP § 425.16 (“anti‐SLAPP Motion”). (ROA 52.) The Court's order indicates that any request for fees should be sought by a separately noticed motion. ( Ibid.) Judgment was entered in Defendants' favor on October 20, 2022. (ROA 59.) The Court attached the October 12 order to the Judgment. (Ibid). On Oc...
2023.01.11 Motion for Determination of Good Faith Settlement 544
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2023.01.11
Excerpt: ...an River College in Sacramento. Plaintiff also hired Defendant Terracon Consultants, Inc. (“Terracon”) to provide geotechnical engineering services on the project. Webcor hired Cross‐Defendant Watry Design (“Watry”) to provide architectural and design services on the project. Webcor also hired Cross‐Defendant Duran and Venables (“Duran”) to provide grading services. Plaintiff provided Webcor with Terracon's geotechnical report for...
2023.01.11 Motion for Final Approval of Class Action Settlement, for Attorney Fees 357
Location: Sacramento
Judge: Damrell, Lauri
Hearing Date: 2023.01.11
Excerpt: ...ounsel for all other parties and advise them 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 counsel for the other parties prior to hearing, moving counsel is ordered to appear at the hearing by Zoom or by telephone. The notice fails to state the grounds upon which it is made as required by Code of Civil Proced...
2023.01.11 Motion for Judgment on the Pleadings 579
Location: Sacramento
Judge: Damrell, Lauri
Hearing Date: 2023.01.11
Excerpt: ...led the motion. Plaintiff has since filed a supplemental declaration confirming the parties have met and conferred but did not resolve the issues raised in this motion. Accordingly, the Court now considers the motion on its merits. Plaintiff asserts that judgment on the pleadings is appropriate in light of the Court's August 17, 2022 order deeming admitted Plaintiff's requests for admission that Plaintiff has a right of judgment on all causes of ...
2023.01.11 Motion for Summary Adjudication 470
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2023.01.11
Excerpt: ...decision of the Contractors State License Board (“CSLB”) is granted. (See Acre v. Kaiser Foundation Health Plan, Inc. (2010) 181 Cal.App.4th 471, 484.) Tricon and IFIC's request for judicial notice of a CSLB order denying motion to stay or continue disciplinary proceedings is also granted. However, the Court does not take judicial notice of the truth of any factual finding contained therein. (Sosinsky v. Grant (1992) 6 Cal.App.4th 1548, 1564�...
2023.01.11 Motion to Compel Arbitration and Stay Proceedings 198
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2023.01.11
Excerpt: ...tely of the tentative ruling system and the manner to request a hearing. If Nissan is unable to contact Plaintiff prior to hearing, Nissan is ordered to appear at the hearing. Nissan's request for judicial notice is granted. Plaintiff's request for judicial notice is granted. Plaintiff filed this lemon law action against Nissan on October 2, 2019, arising out of Plaintiff's purchase of a 2016 Nissan Titan (the “Subject Vehicle”) from Nissan o...
2023.01.11 Motion to Compel Further Responses 886
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2023.01.11
Excerpt: ...able to contact opposing counsel prior to hearing, moving counsel is ordered to appear at the hearing by Zoom. Plaintiff Kimberly Wilson's (“Plaintiff”) motion to compel further responses to request for admissions and form interrogatories is ruled upon as follows. In this personal injury action, Plaintiff alleges that she was rear‐ ended on June 11, 2019 by Defendant Charles Peter Hershey while he was in the course and scope of his employme...
2023.01.11 Motion to Dismiss Receivership for Fraud 266
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2023.01.11
Excerpt: ...presented evidence that a residential property owned by Respondent was in substandard condition and had been the subject of several complaints related to large accumulations of trash and debris in plain view of the public. As a result, the City red‐tagged the property as uninhabitable and instituted this action to appoint a receiver to handle the abatement of the property. On April 14, 2021, the Court granted the petition and approved of Petiti...
2023.01.11 Motion to Strike Answer and Enter Default 822
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2023.01.11
Excerpt: ...very; (3) conversion; and (4) breach of guaranty. Plaintiff alleges that it entered into an agreement to lease a 2015 Lamborghini Aventador Roadster to Defendant PVCR, LLC (“PVCR”). (Complaint, ¶ 7.) After PVCR defaulted on the lease, Plaintiff discovered that PVCR was a suspended LLC and that Defendant, who is PVCR's principal and guarantor of the lease, had misrepresented the nature and health of PVCR's business in securing the lease agree...
2023.01.10 Motion to Compel Inspection 395
Location: Sacramento
Judge: Damrell, Lauri
Hearing Date: 2023.01.10
Excerpt: ...nd fraudulent misrepresentation, with a claim for intentional interference with contract being voluntarily dismissed. Plaintiff asserts that it specializes in recovering and supplying refrigerants, utilizing unique equipment which is either specially ordered or modified in a proprietary manner, and that while employed by plaintiff, defendant Meindersee made purchases through the former's password‐protected account but had the parts delivered to...
2023.01.10 Motion to Compel Further Responses 586
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2023.01.10
Excerpt: ...ponses and responsive documents from Plaintiff in pro per Aldon Bolanos (“Plaintiff”) to Defendants' Request for Production of Documents (“RFPD”), Sets One and Two, is 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 opposing counsel and advise him/her of Local Rule 1.06 and the Court's tentative ruling procedur...
2023.01.10 Motion for Summary Judgment, Adjudication 552
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2023.01.10
Excerpt: ... against Defendant for dangerous condition of public property in connection with her injuries from sustained on the public sidewalk adjoining the 800 block of Plaza Avenue in Sacramento, California. The instant motion seeks summary judgment. The FAC alleges that “on or about December 2, 2018, Plaintiff [] was seriously injured on the sidewalk abutting 2501 Del Paso Boulevard while walking on the 800 block of Plaza Avenue in the City of Sacramen...
2023.01.10 Motion for Summary Judgment, Adjudication 411
Location: Sacramento
Judge: Damrell, Lauri
Hearing Date: 2023.01.10
Excerpt: ...ime of the request which of moving defendant's 34 Undisputed Material Facts, which of opposing plaintiff's 15 Additional Material Facts, and which of the parties' respective objections to evidence will be addressed at the hearing. The parties should be prepared to point to specific admissible evidence which is claimed to show the existence or non‐existence of a triable issue of material fact. *** Moving counsel failed to comply with CRC Rule 3....
2023.01.10 Motion for Summary Judgment, Adjudication 348
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2023.01.10
Excerpt: ...tion. Plaintiff appeared at oral argument, and the Court continued the matter to today's date. The Court directed Plaintiff to file an opposition by December 16, 2022. Plaintiff filed a "response" on December 16, 2022. Plaintiff's “response” is defective in a number of ways. First, Plaintiff failed to submit a declaration in support of his opposition. Instead, he submits unauthenticated exhibits. Defendant's objections to evidence are SUSTAIN...
2023.01.10 Motion for Interlocutory Judgment of Partition 608
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2023.01.10
Excerpt: ...(ROA 1.) Plaintiff alleges she and Defendant each own 50% of the real property and hold title as joint tenants. (Id., ¶¶ 12, 14.) Plaintiff and Defendant were deeded the property as joint tenants on September 22, 2016. (Id., ¶ 16.) Plaintiff has spent approximately $49,053 maintaining the property, while Defendant has failed to maintain his half. (Id., ¶¶ 17‐18.) Plaintiff desires to sell the property and Defendant has refused the request....
2023.01.10 Demurrer to FAC 238
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2023.01.10
Excerpt: ...m Plaintiff Jason and Yolanda Abernathy's [“Plaintiffs”] purchase of and subsequent sale of real property located at 6066‐6068 Ogden Nash Way, Sacramento [“Subject Property”] and Plaintiffs' allegation that Defendants wrongfully obtained a deed of trust from Plaintiffs and recorded the same. Defendants married in June 2006 and Defendant Dolores Mouras [“Dolores] is Plaintiff Yolanda Abernathy's [“Yolanda”] older sister by 13 years...
2023.01.10 Demurrer 696
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2023.01.10
Excerpt: ... Plaintiff as a patient. Accompanying Plaintiff's Complaint is a document entitled “Memorandum of Points and Authorities in Support of Relief [sic] to Vacate the Judgment [sic] Case No. 34201600204210 [and] Petition for Writ of Coram Nobis.” There is no accompanying motion to this document. The Court has reviewed this document only for context and underlying facts relevant to Defendant's instant demurrer. On December 1, 2016, Plaintiff filed ...
2023.01.10 Demurrer 587
Location: Sacramento
Judge: Damrell, Lauri
Hearing Date: 2023.01.10
Excerpt: ...he statutory mandate. Plaintiff's counsel is reminded that the meet‐and‐confer requirements of Code of Civil Procedure §430.41 are not optional and s/he is required to participate in the meet‐andconfer efforts “in person or by telephone” even if s/he disagrees with the challenge to the pleading. Factual Background This is a personal injury action arising out of a trip‐and‐fall incident occurring on 5/16/2021. Although not explicitl...
2023.01.10 Demurrer 187
Location: Sacramento
Judge: Damrell, Lauri
Hearing Date: 2023.01.10
Excerpt: ...tter was a police officer employed by District. The complaint purports to assert eight separate causes of action, four against defendant Winchester and four against District. The claims against District include Battery, Negligence, Intentional Infliction of Emotional Distress, and Violation of the Bane Act (Civ. Code §52.1). The complaint specifically alleges in Paragraph 4 that this lawsuit is timely pursuant to the ten‐year limitations perio...

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