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2405 Results

Location: Sacramento x
2019.10.17 Motion for Summary Judgment, Adjudication 845
Location: Sacramento
Judge: Rodda, Steven H
Hearing Date: 2019.10.17
Excerpt: ...properly towed his vehicle and then had the car sold for parts. Defendant's separate statement includes the following. As of November 13, 2014, Defendant was in contract with the CHP to provide towing services. Under that contract Defendant was obligated and authorized to remove, tow, and store vehicles when ordered to by the CHP. On November 13, 2014, the CHP ordered Defendant to remove a 2011 Kia Soul from the intersection of Gunn Road and Marc...
2019.10.17 Motion for Preliminary Approval 691
Location: Sacramento
Judge: Rodda, Steven H
Hearing Date: 2019.10.17
Excerpt: ...138.) Newberg on Class Actions (4th Ed.), the most authoritative treatise on class actions, discusses the process for approving the settlement of a class action. At § 11.24, “Procedure for Submitting Class Settlement for Approval,” Newberg describes the review at the preliminary stage as the submission by the parties of the essential terms of the agreement for informal review of the settlement papers by the Court. In reviewing a request for ...
2019.10.17 Motion to File Amended Complaint 551
Location: Sacramento
Judge: Rodda, Steven H
Hearing Date: 2019.10.17
Excerpt: ...for express indemnity, breach of contract, equitable contribution, and declaratory relief. It now seeks to file a first amended crosscomplaint to add Hanasab Insurance Services as a party and add causes of action for breach of contract and negligence. Defendant believes that Special Ice's recent discovery responses show that Hanasab failed to secure the requisite insurance. Trial is not until February 2020. “Trial courts are vested with the dis...
2019.10.17 Motion for Mandatory Dismissal 457
Location: Sacramento
Judge: Rodda, Steven H
Hearing Date: 2019.10.17
Excerpt: ...ior to hearing, moving counsel is ordered to appear at the hearing in person or by telephone. Defendants Ira Friedman's and NRES, LLC's motion for dismissal pursuant to Code of Civ. Proc. §§ 583.310 and 583.360(a) is DENIED. Plaintiff's Smith Development and Construction Co., Inc.'s (“Plaintiff”) request for judicial notice is granted. Factual Overview This action involves disputes related to construction contracts for work at three separat...
2019.10.16 Motion to Compel Arbitration 485
Location: Sacramento
Judge: Rodda, Steven H
Hearing Date: 2019.10.16
Excerpt: ...imants have resolved their case against the at‐fault motorist for the policy limits of $15,000. Claimants have demanded arbitration, but respondent United Services Automobile Association (“USAA”) has refused. Claimants now move to compel arbitration and appoint an arbitrator in the underinsured motorist action. Auto insurance policies are required by statute to contain provisions for binding arbitration of uninsured and underinsured motoris...
2019.10.16 Motion for Protective Order 879
Location: Sacramento
Judge: Rodda, Steven H
Hearing Date: 2019.10.16
Excerpt: ...ants tortured him and took his watch during a less than 24 hour period that Mr. Campbell was a patient at the Emergency Room at U.C. Davis Medical Center. Ms. Boden is a registered nurse who allegedly assaulted and battered Mr. Campbell and directed other defendants in placing him on the gurney and removing him from the hospital. When interrogatories have been propounded, the responding party … may promptly move for a protective order." (CC...
2019.10.16 Motion to Compel Responses 249
Location: Sacramento
Judge: Rodda, Steven H
Hearing Date: 2019.10.16
Excerpt: ...llege suffered from engine issues, Plaintiffs seek to compel Defendant to provide full and complete responses to certain requests for production. Requests Nos. 30‐33 relate to consumer complaints and Defendant's repurchases of vehicles (same year, make and model as Plaintiffs' vehicle) which suffered the same defects as Plaintiffs' vehicle. Defendant interposed numerous objections to the requests for production, including objections...
2019.10.16 Motion to Compel Further Responses 951
Location: Sacramento
Judge: Rodda, Steven H
Hearing Date: 2019.10.16
Excerpt: ...isclosure of Information to a Government or Law Enforcement Agency and Disability Discrimination against Dignity Health Foundation, Dignity Health Medical Foundation, and Dignity Health (collectively, "Defendants"). Plaintiff complained that her co‐worker was using dirty scopes on patients and Dignity determined after investigation that Plaintiff was not cleaning her scopes. Plaintiff alleges she was terminated due to her complaint and ...
2019.10.15 Petition to Confirm Contractual Arbitration Award 097
Location: Sacramento
Judge: Rodda, Steven H
Hearing Date: 2019.10.15
Excerpt: ...ched its Amended and Restated Operating Agreement dated September 10, 2008 (“Operating Agreement”). Tutto was ultimately removed as Hit Italian's managing member. Hot Italian maintains that the parties engaged in a valuation of Tutto's interest in Hot Italian and that Mr. Wallace of Wallace Valuation Advisors issued a valuation which it contends is a final arbitration award subject to confirmation under CCP § 1280 et seq.. Respondents conten...
2019.10.15 Demurrer 523
Location: Sacramento
Judge: Rodda, Steven H
Hearing Date: 2019.10.15
Excerpt: ...September 16, 2016, the Decedent was working in the course and scope of his employment with Goodwill Industries as a “Loader and Unloader.” Plaintiffs allege that the Decedent was checking the alignment of a container being unloaded from a “roll‐off‐hoist‐truck”. The Decedent allegedly placed his head between the frame of the container and a stationary compactor and was crushed. Plaintiffs allege causes of action for strict products...
2019.10.15 Motion for Summary Judgment, Adjudication 613
Location: Sacramento
Judge: Rodda, Steven H
Hearing Date: 2019.10.15
Excerpt: ... the visitor clubhouse during the 2014 and 2015 baseball seasons. Plaintiff alleges causes of action for, among other things, race discrimination and harassment, retaliation, wrongful termination, failure to pay wages, and failure to provide meal and rest periods. As it relates to moving Defendants, Plaintiff alleges causes of action for aiding and abetting FEHA violations, violation of the Ralph Civil Rights Act and Unfair Business Practices. Th...
2019.10.11 Demurrer 311
Location: Sacramento
Judge: Rodda, Steven H
Hearing Date: 2019.10.11
Excerpt: ...8 [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., 152 Cal.App.4th at 1117‐18.) see also Fontenot v. Wells Fargo Bank, N.A. (2011) 198 Cal.App.4th 256, 265 (“[A] court may take judicial notice of the fact of a document's...
2019.10.11 Application to Seal Record 643
Location: Sacramento
Judge: Rodda, Steven H
Hearing Date: 2019.10.11
Excerpt: ...ted documents. These documents contained private peace officer information about a non‐party. The nonparty has objected to the disclosure of his identity. The document sought to be sealed is the Personnel Board's Resolution and Order describing an investigation regarding the identified peace officer. This disclosure potentially violates the peace officer's right of privacy in the absence of waiver. Job actions relating to an identified ...
2019.10.11 Motion for Summary, Adjudication 669
Location: Sacramento
Judge: Rodda, Steven H
Hearing Date: 2019.10.11
Excerpt: ... The Court does not rule on objections to facts set forth in the opposing separate statement but only to the cited evidence itself. Plaintiff's objection to the length of the moving points and authorities is sustained. CRC 3.1113(d)‐(e). The points and authorities are 33 1/2 pages long, exceeding the page limitation of 20 pages by 13 1/2 pages. Despite this, the Court is considering the document even though the defendants did not seek ex pa...
2019.10.10 Demurrer 489
Location: Sacramento
Judge: Rodda, Steven H
Hearing Date: 2019.10.10
Excerpt: ...al argument on the continuance date. Defendant Walkenhorst's, Inc.'s ("Defendant") demurrer to self‐represented plaintiff Alonzo Joseph's ("Plaintiff") complaint is UNOPPOSED and is SUSTAINED with leave to amend. Plaintiff is an inmate with the California State Prison in Represa, California. Plaintiff filed a form complaint on May 14, 2019. (ROA 1.) General negligence would appear to be alleged, although "product...
2019.10.10 Motion for Reconsideration 449
Location: Sacramento
Judge: Rodda, Steven H
Hearing Date: 2019.10.10
Excerpt: ...sideration on July 19, 2019, with a hearing date of July 30, 2019. On July 29, 2019, the Court tentatively dropped the matter from calendar, without prejudice, due to defective service. At the hearing, Plaintiff's oral motion to continue the hearing was granted without objection. The matter was continued to August 23, 2019. After Plaintiff filed her first motion, but before the Court heard the first motion on July 30, 2019, Plaintiff filed what a...
2019.10.10 Motion for Summary Judgment, Adjudication 729
Location: Sacramento
Judge: Rodda, Steven H
Hearing Date: 2019.10.10
Excerpt: ... action on November 6, 2017. Pursuant to a stipulation, the Court authorized Plaintiff to amend its complaint to drop its writ of mandate claim and assert a claim for tax refund, and this matter was reassigned from the writ department. (ROA 28.) Plaintiff filed its First Amended Complaint (“FAC”) on August 30, 2018, which states a single cause of action for tax refund pursuant to California Revenue and Taxation Code § 6933. (ROA 29.) On Octo...
2019.10.10 Motion for Summary Judgment, Adjudication 221
Location: Sacramento
Judge: Rodda, Steven H
Hearing Date: 2019.10.10
Excerpt: ...what the marking indicates (it is not readable) and it is speculation on Plaintiff's part that the marking indicates the declaration was not personally signed by Mr. Cheban. The additional objections regarding the declaration of Mr. Cheban are also overruled. To the extent Plaintiff “objected” to several of Defendants UMFs on the ground the characterization of the UMF is uncertain, ambiguous, and irrelevant, such objections are overruled beca...
2019.10.10 Motion to Compel Further Responses 677
Location: Sacramento
Judge: Rodda, Steven H
Hearing Date: 2019.10.10
Excerpt: ...C Davis Medical Center in Sacramento. Plaintiff was visiting her brother when she slipped and fell on water in the hospital bedroom that emanated from a bathroom sink. Plaintiff was visiting her brother in room 8103, but the water on the floor originated from the sink in the adjacent room, room 8101. Plaintiff contend that according to deposition testimony and discovery responses, the only employee that was aware of what caused the blockage is de...
2019.7.8 Motion for Summary Judgment, Adjudication 529
Location: Sacramento
Judge: Rodda, Steven H
Hearing Date: 2019.7.8
Excerpt: ...plaintiff William Fastiggi. Plaintiffs' complaint filed on March 17, 2017, alleges causes of action for medical malpractice and loss of consortium. Dr. Cain has established by admissible evidence that his care and treatment of Plaintiff was at all times reasonable and within the standard of care. (UMF 10; Declaration of Lundy Campbell, M.D. ¶¶ 1‐7.) Dr. Cain's expert opines that Dr. Cain's treatment of Plaintiff met the applicable standard of...
2019.7.8 Demurrer, Motion to Strike 425
Location: Sacramento
Judge: Rodda, Steven H
Hearing Date: 2019.7.8
Excerpt: ...ate cases. The expert consulting and witness services were provided by plaintiff Stephen W. Wheatcraft, Ph.D. (“Dr. Wheatcraft”) to M&A. Plaintiffs Dr. Wheatcraft, Wheatcraft and Associates, Ltd. (“W&A”), and Catherine Benton (“Ms. Benton”) (collectively, “Plaintiffs”) filed their Complaint against Defendants on March 13, 2019, alleging causes of action for: (1) breach of written contract; (2) common count: goods and services rend...
2019.7.8 Demurrer, Motion to Dismiss 449
Location: Sacramento
Judge: Rodda, Steven H
Hearing Date: 2019.7.8
Excerpt: ...hearing. This opposition appears to be an opposition to this demurrer, as well as a purported opposition to the concurrently filed motion to dismiss. Despite the untimeliness, the Court has reviewed Plaintiff's deposition, although it does nothing to alter the Court's decision. On April 4, 2019, this Court sustained Defendant's unopposed demurrer to Plaintiff's First Amended Complaint on the grounds the FAC failed to state facts sufficient to con...
2019.7.8 Motion for Terminating Sanctions 535
Location: Sacramento
Judge: Rodda, Steven H
Hearing Date: 2019.7.8
Excerpt: ... Lemos' responses to form and special interrogatories and request for production of documents (sets one). Plaintiff was ordered to serve responses without objections by April 18, 2019. After Defendant failed to comply, Plaintiff moved for terminating sanctions, or alternatively evidentiary and monetary sanctions. On May 21, 2019, the Court granted Plaintiff's motion in party, directing Defendant to fully comply with the discovery on or before...
2019.7.8 Motion to Strike 147
Location: Sacramento
Judge: Rodda, Steven H
Hearing Date: 2019.7.8
Excerpt: ...und, at or near the intersection of 2nd Avenue, lona A. Opris was under the influence of alcoholic beverages and other intoxicants and intoxicated so as to render defendant unable to operate the motor vehicle in a safe manner. Despite the abovedescribed condition and defendant's knowledge thereof, defendant chose to consciously disregard the condition, which created an extreme danger and hazard to other persons using the public roadway. Defen...
2019.7.8 Application to Seal Record 407
Location: Sacramento
Judge: Rodda, Steven H
Hearing Date: 2019.7.8
Excerpt: ...or the Republican Caucus until March of 2015. After his position was eliminated, Plaintiff brought a variety of employment‐related claims against the Assembly. Plaintiff alleged causes of action for retaliation, disability discrimination, failure to prevent discrimination and retaliation, failure to engage in the interactive process, and failure to make reasonable accommodation. Plaintiff alleged he repeatedly sought medical treatment and took ...

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