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6288 Results

Location: Sacramento x
2021.06.22 Motion to Compel Responses 594
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.06.22
Excerpt: ...dant Duane Crewse's former employment with Plaintiff as a sales representative, and his subsequent employment with Plaintiff's competitor ‐ Defendant. Plaintiff alleges Mr. Crewse signed various confidentiality agreements during his employment, which prohibited him from disclosing Plaintiff's confidential and proprietary information such as customer lists and pricing information. Plaintiff filed this action against Crewse and Defendant alleging...
2021.06.22 Motion to Amend Dismissal, for Attorney Fees 585
Location: Sacramento
Judge: Mesiwala, Shama H
Hearing Date: 2021.06.22
Excerpt: ...e "with prejudice" rather than "without prejudice" and also seeks an award of attorneys fees pursuant to Civil Code 1717 in the amount of $18,630. On January 15, 2021 Plaintiff filed a Dismissal of Kaye Newton "without prejudice," after the Court had sustained her demurrer with leave to amend. On January 5, 2021, this Court sustained the Demurrer to Plaintiff KHM Holdings, LLC's Second Amended Complaint filed by Kaye Newton and John Cox in its en...
2021.06.22 Motion for Preliminary Approval of Class Action Settlement 851
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.06.22
Excerpt: ..., which includes 267 housing units, of which 130 are owned separately by individual homeowners. These 130 individually‐owned single family residences are referred to as the "Patio Homes." The remaining 137 units are located on a parcel that contains a Lodge" with 137 rental apartment units that are mixture of assisted living and independent living apartments. On November 19, 2014, Plaintiff Coley and Plaintiff Lorini filed the action on behalf ...
2021.06.22 Motion for Preliminary Approval of Class Action and PAGA Settlement 711
Location: Sacramento
Judge: Mesiwala, Shama H
Hearing Date: 2021.06.22
Excerpt: ... that Defendant systematically: (1) failed to provide accurate itemized wage statements; (2) failed to pay minimum wage for all hours worked; (3) failed to provide meal and rest periods; (4) failed to pay all wages at time of separation from employment; (5) failed to pay overtime wages; (6) failed to reimburse for business expenses; (7) engaged in unfair business practices; and (8) violated civil penalty provisions recoverable as PAGA penalties p...
2021.06.22 Motion for Judgment on the Pleadings 728
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.06.22
Excerpt: ...ccount 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 she opened a credit account with Plaintiff, received the Customer Agreement when she received the credit card, used the credit card to purchase goods and services, received regular monthly statements showing charges made ...
2021.06.22 Motion for Determination of Legal Issues 220
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.06.22
Excerpt: ...ion to Strike Plaintiff Carlos Santos's (“Santos”) Separate Statement of Additional Undisputed Material Facts Cal Fire objects to and moves to strike Santos's Separate Statement of Additional Undisputed Material Facts on the grounds that C.C.P. § 437c(b)(3) only states a plaintiff “shall set forth plainly and concisely any other material facts the opposing party contends are disputed.” However, Cal Fire cites no authority that states a p...
2021.06.22 Motion for Attorney Fees 668
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.06.22
Excerpt: ...very, meeting and conferring regarding discovery responses, motion practice regarding defendant General Motors, LLC's (“Defendant”) discovery responses (four motions to compel in total), and preparing a mediation brief and participating in mediation. No depositions were taken. By its terms, the settlement agreement provides that “Plaintiffs are the prevailing party, and Defendant shall pay Plaintiffs' attorney's fees, costs, and expenses pu...
2021.06.22 Demurrer 423
Location: Sacramento
Judge: Mesiwala, Shama H
Hearing Date: 2021.06.22
Excerpt: ...ervices on behalf of Plan Sponsors and/or Plan Administrators' Plans. In its SAC, Plaintiff alleges that "in or around 2016, Defendants CCHI LLC and CCHI, FIELDS and Rich and Rich Services designed, advertised, marketed and sold an insurance product called "Simple Funded . . . . " (SAC, ¶21.) Plaintiff further alleges that Defendant Rogers also "helped design and implement the "Simple Funded" program along with CCHI and BRMS." (SAC, ¶24). Defen...
2021.06.22 Motion to Compel Request for Production of Docs 594
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.06.22
Excerpt: ...s follows. This action arises from defendant Duane Crewse's former employment with Plaintiff as a sales representative, and his subsequent employment with Plaintiff's competitor ‐ Defendant. Plaintiff alleges Mr. Crewse signed various confidentiality agreements during his employment, which prohibited him from disclosing Plaintiff's confidential and proprietary information such as customer lists and pricing information. Plaintiff filed this acti...
2021.06.17 Motion for Final Approval of Class Action and PAGA Settlement 753
Location: Sacramento
Judge: Mesiwala, Shama H
Hearing Date: 2021.06.17
Excerpt: ...ement in a class action is fair. (Rebney v. Wells Fargo Bank (1990) 220 Cal. App.3rd 1117, 1138.) The law favors settlement, particularly in class actions and other complex cases where substantial resources can be conserved by avoiding the time, cost, and rigors of formal litigation. (See Newberg on Class Actions 4th (4th ed. 2002) § 11.41 (and cases cited therein); Class Plaintiffs v. City of Seattle (9th Cir. 1992) 955 F.2d 1268, 1276; Van Bro...
2021.06.17 Demurrer 608
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.06.17
Excerpt: ...Defendant Eternal Beverages, Inc.'s (“EBI”) demurrer to Cross‐Complainant Brett Catanzaro's (“Catanzaro”) first amended cross‐complaint (“FAXC”) is ruled upon as follows. Overview In his complaint, Plaintiff Patrick Otten (“Plaintiff”) alleges that on 6/21/2018 Catanzaro was operating a golf cart during a charity golf tournament at the Chardonnay Golf Club. Plaintiff was a passenger in the golf cart when Catanzaro negligently,...
2021.06.17 Demurrer 610
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.06.17
Excerpt: ...y Bickford (“Bickford”) and Expert Microsystems, Inc.'s (“EMI”) (collectively “Defendants”) demurrer to Plaintiffs David Stewart (“Stewart”), Decision Detective Corp. (“DD”), and The D&H Stewart Family Limited Partnership's (“SFLP”) (collectively “Plaintiffs”) second amended complaint (“SAC”) is ruled upon as follows. Overview Plaintiffs allege that at some point in 2002, Bickford contacted Stewart and the two toge...
2021.06.17 Demurrer 975
Location: Sacramento
Judge: Mesiwala, Shama H
Hearing Date: 2021.06.17
Excerpt: ...ts' request for judicial notice is granted. The Court notes that the demurrer to the First Amended Complaint was filed February 23, 2021. However, the First Amended Complaint was not filed until March 4, 2021. The parties do not raise this anomaly as an obstacle to the Court's consideration of the demurrer, and both treat the moving and opposing papers as directed at the FAC filed after the demurrer and motion to strike. The FAC sets forth four c...
2021.06.17 Motion to Compel Further Responses 913
Location: Sacramento
Judge: Mesiwala, Shama H
Hearing Date: 2021.06.17
Excerpt: ...inal tentative ruling granting the motion. The Court's file reflects that the “sur‐reply” was filed at 4:17 p.m. on May 12, 2021. The Court continued the matter to today's date and permitted the parties to file additional briefing. The Court has considered the opposition filed by Defendant's employer, co‐defendant California Rural Indian Health Board, Inc., in addition to Plaintiff's response to Defendant's “sur‐reply.” Having consi...
2021.06.17 Motion for Terminating Sanctions 067
Location: Sacramento
Judge: Mesiwala, Shama H
Hearing Date: 2021.06.17
Excerpt: ...forth below. Defendants' concurrent motion for monetary sanctions is granted in the amount of $1,776, pursuant to Code of Civil Procedure sections 2023.010(d), 2023.030(a), and 2025.450(g)(1). Plaintiff opposes the motion. Plaintiff Leslie Hagan commenced this action on May 5, 2017, alleging injuries arising from a motor vehicle accident that occurred on May 12, 2015. Defendants represent that on November 4, 2019, the parties stipulated to and ag...
2021.06.17 Motion for TRO 951
Location: Sacramento
Judge: Mesiwala, Shama H
Hearing Date: 2021.06.17
Excerpt: ...2021. Defendant indicates that it has filed a concurrent request for judicial notice of the Exhibits attached to its Opposition, but the Court has not located such a request. The Court has reviewed the recorded documents that are the apparent intended subject of the request for judicial notice and finds that it could grant notice of the documents to the extent provided by case law. (Yvanova v. New Century Mortgage Corp. (2016) 62 Cal. 4th 919, fn...
2021.06.17 Motion to Quash Service of Summons 128
Location: Sacramento
Judge: Mesiwala, Shama H
Hearing Date: 2021.06.17
Excerpt: ...ivil Procedure sections 583.130, 583.410, and 538.420, and California Rules of Court, Rule 3.1342. The motions are denied as forth below. Plaintiff opposes the motion. The operative facts on the motion are well‐stated in Guckenheimer's initial points and authorities, and are substantially reproduced next. On May 2, 2018, ISS terminated Tyler's employment for insubordination. (ROA 1 and 269, Compl. 16, ROA 269.) On January 2, 2019, Plaintiff Cur...
2021.06.17 Motion to Strike (SLAPP) 314
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.06.17
Excerpt: ...ctively referred to herein as the “JW Defendants.” Plaintiffs allege that Ms. Winner and Mr. Campbell own and operate JW. Peebles Kidder Bergin & Robinson LLP, Gregory M. Narvaez, Esq., Tim Hennessy, Esq., and John M. Peebles, Esq. are collectively referred to herein as the "Attorney Defendants." Defendants failed to comply with CRC Rule 3.1110(f)(3) which requires that each paper exhibit must be separated by a hard 8 ½” x 11” sheet with...
2021.06.17 Motion to Strike 610
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.06.17
Excerpt: ... complaint (“SAC”) is ruled upon as follows. Defendants move to strike the words “under California law” in the First Cause of Action for Breach of Fiduciary Duties ‐ Derivative Claim by Stewart and SFLP. (SAC, ¶ 35, line 20.) The entire paragraph reads: “Here, by making the undisclosed, unilateral, unapproved, self‐serving decision to cause Intellectual Assets to assign or license broad and exclusive intellectual property rights he...
2021.06.16 Motion to Dismiss 885
Location: Sacramento
Judge: Mesiwala, Shama H
Hearing Date: 2021.06.16
Excerpt: ...owne alleges that dismissal of this action is required because Plaintiff has failed to bring the matter to trial within the mandatory five‐year period prescribed by Code of Civil Procedure section 583.310. This lawsuit was initiated on September 4, 2015. On November 9, 2015, Plaintiffs filed the first amended complaint, which added Plaintiff and her home to the list of allegedly defective homes that form the basis for this action. On July 7, 20...
2021.06.16 Motion to Dismiss 128
Location: Sacramento
Judge: Mesiwala, Shama H
Hearing Date: 2021.06.16
Excerpt: ...because Plaintiff unduly delayed in adding BAE SDSR as a Doe Defendant, pursuant to Code of Civil Procedure section 474 and A.N. v. County of Los Angeles (2009) 171 Cal.App.4th 1058. The motion is ruled on as follows. Plaintiff's first amended complaint (“FAC”) alleges causes of action for: (1) disability discrimination, (2) disability harassment, (3) unlawful retaliation in violation of the Fair Employment and Housing Act (“FEHA”), (4) f...
2021.06.16 Motion for Protective Order 128
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.06.16
Excerpt: ... at the time oral argument is requested notify the clerk and the opposing party of the specific discovery requests that will be addressed at the hearing. The parties are also reminded that pursuant to local rules, only limited oral argument is permitted on law and motion matters. *** Factual Background This action arises from a dispute between former business partners. The original complaint was filed on 3/14/2018 by plaintiffs Digital Tactics, I...
2021.06.16 Motion for New Trial 764
Location: Sacramento
Judge: Mesiwala, Shama H
Hearing Date: 2021.06.16
Excerpt: ...une 16, 2021. The Clerk shall fax a copy of this tentative ruling to the litigation coordinator. The litigation coordinator shall provide the tentative ruling to plaintiffs Konanyah Yahlazar and Dion Anderson. The litigation coordinator is directed to have Plaintiffs Konanyah Yahlazar and Dion Anderson available at oral argument on June 16, 2021 at 1:30 pm. Appearance will be by ZOOM. Department 53 Zoom ID is: 841 204 6267. To appear on Zoom by p...
2021.06.16 Motion for Judgment on the Pleadings 777
Location: Sacramento
Judge: Mesiwala, Shama H
Hearing Date: 2021.06.16
Excerpt: ...that Plaintiff's request for admissions to Defendant were deemed admitted on March 18, 2020. When the moving party is the plaintiff, there is only one ground for a motion for judgment on the pleadings: “the complaint states facts sufficient to constitute a cause of action or causes of action against the defendant and the answer does not state facts sufficient to constitute a defense to the complaint.” (Code Civ. Proc. § 438(c)(1)(A).) The gr...
2021.06.16 Motion for Attorney Fees 265
Location: Sacramento
Judge: Mesiwala, Shama H
Hearing Date: 2021.06.16
Excerpt: ...ourt acknowledges the "supplemental brief" filed by Plaintiff on June 9, 2021. (ROA 64.) The filing was untimely and will not be considered by the Court on that basis. Further, even if the Court were to consider the filing, Plaintiff failed to provide a declaration or request for judicial notice, etc., authenticating the purported evidence attached. Plaintiff voluntarily dismissed his lawsuit on April 1, 2021, before the hearing on the anti‐SLA...

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