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2882 Results

Location: Sacramento x
2018.8.23 Demurrer 551
Location: Sacramento
Judge: Brown, David I
Hearing Date: 2018.8.23
Excerpt: ...lid cause of action, fails to state facts sufficient to constitute any cause of action against these demurring parties, and is uncertain. Moving parties ("Alley") inherited the property located at 702 Sutter Street in Folsom, California, ("the premises") that was being leased by Hacienda Del Rio, Inc. pursuant to a commercial lease agreement. Defendants became Plaintiffs' landlord under the lease. (SAC, ¶ 8.) On March 23, 201...
2018.8.23 Demurrer 961
Location: Sacramento
Judge: Brown, David I
Hearing Date: 2018.8.23
Excerpt: ...le, by COURTCALL, to participate in oral argument on the continuance date. Defendant Yulanda Mynhier and R. Stephen Tharatt M.D.'s Demurrer to the 1st amended complaint is unopposed, taken as a concession to the merits, and is sustained without leave to amend for failure to state facts sufficient to constitute a cause of action. The Court previously sustained the demurrer to the Original Complaint, with leave to amend. The defects have not be...
2018.8.22 Motion to Expunge Lis Pendens 496
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2018.8.22
Excerpt: ...nk's demurrer to the complaint, which contained causes of action for wrongful foreclosure, violation of B&P Code § 17200, violation of CC § 2923.6 [dual tracking], and violation of 12 USC § 2605 et seq. [federal lending disclosure requirements]. The court concluded, among other things, that Markevich had failed to establish her standing, has failed to establish wrongful assignments, and had failed to allege tender of the debt. (See Order of 8/...
2018.8.22 Motion for Preliminary Approval of Class Action Settlement 323
Location: Sacramento
Judge: Brown, David I
Hearing Date: 2018.8.22
Excerpt: ...ule 1.06(D). Counsel for Plaintiff is directed to contact defense counsel forthwith and advise of Local Rule 1.06 and the Court's tentative ruling procedure. If counsel for moving party is unable to contact the other counsel prior to the hearing, counsel for Plaintiff shall be available at the hearing, in person or by telephone, in the event any party appears without following the procedures set forth in Local Rule 1.06(B). Through this motion, P...
2018.8.22 Motion for Judgment on the Pleadings 668
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2018.8.22
Excerpt: ...n part and DENIED in part. FIS' request for judicial notice of official records referenced in Plaintiff and CrossDefendant Ocwen Loan Servicing, LLC's (Ocwen) complaint in this case is GRANTED. The court does not accept the truth of factual findings in these records. (See Professional Engineers v. Dep't of Transp. (1997) 15 Cal.4th 543, 590 [judicial notice of findings of fact does not mean that those findings of fact are true]; Steed v. Departme...
2018.8.22 Demurrer 466
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2018.8.22
Excerpt: ...any party requests oral argument, then at the time the request is made, the requesting party shall inform the court and opposing counsel of the specific cause(s) of action or issue(s) on which oral argument is sought. ** The demurrer of Defendant Department of Alcohol Beverage Control (ABC) and Sunshine Garside (Garside) (collectively “Defendants”) is SUSTAINED in part and OVERRULED in part. Plaintiff Heather C. Hoganson's (Hoganson) requ...
2018.8.21 Motions to Strike 787
Location: Sacramento
Judge: Brown, David I
Hearing Date: 2018.8.21
Excerpt: ...rtin Luther King Jr. Village Apartments located at 3900 47th Avenue in Sacramento, California (the "MLK Village"). (FAC ¶ 6.) As the property owner, Mercy Housing California XXVI, LP has no staff or employees on the property and is not involved in the MLK Village's day‐to‐day operations. Instead, Mercy Housing California XXVI, LP contracts with: (1) Mercy Housing Management Group, Inc. to provide property management services at t...
2018.8.21 Motion to Compel Further Responses 467
Location: Sacramento
Judge: Brown, David I
Hearing Date: 2018.8.21
Excerpt: ...set one, is GRANTED in part and DENIED in part. This is an elder abuse action arising out of plaintiff Barbara Lovenstein's residency at Defendants' Eskaton Fountainwood Lodge residential care facility. Plaintiffs allege that Ms. Lovenstein was improperly administered medication that resulted in her death on April 11, 2012. Robin Hutcheson, as successor in interest on behalf of Lovenstein, and Charles, sued defendants. In their first amen...
2018.8.21 Motion to Compel Deposition of PMQ 612
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2018.8.21
Excerpt: ...is permitted on law and motion matters. *** Plaintiffs' motion to compel the deposition of defendant's Person(s) Most Qualified (“PMQ”) and production of documents is DENIED, as follows. The moving papers fail to comply with CRC Rule 3.1110(b)(4) and Rule 3.1113(d)‐(e). The opposition was not timely filed or served but it was nevertheless considered. Factual Background This is a lemon law case relating to a 2010 Chrysler Town and Country mi...
2018.8.21 Motion to Compel Compliance with Notice of Taking Deposition 428
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2018.8.21
Excerpt: ...to comply with CRC Rule 3.1110(b)(3)‐(4). Factual Background This is a consolidated action. In its complaint VTL alleges that it hired BBC to perform a renovation of an 80‐unit apartment complex owned by VTL in Carmichael. A dispute between the parties arose and resulted in BBC recording a mechanics lien in the amount of $483,405. VTL filed an action for declaratory relief, breach of contract and fraud. VTL promptly filed a motion to remove B...
2018.8.21 Motion to Compel Arbitration, Stay Proceedings 860
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2018.8.21
Excerpt: ...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 in person or by telephone. The response filed by plaintiff on 7/12/2018 was not timely filed and served in accordance with Code of C...
2018.8.21 Motion to Appoint Discovery Referee 877
Location: Sacramento
Judge: Brown, David I
Hearing Date: 2018.8.21
Excerpt: ...iff's minor daughter was a passenger in her vehicle at the time of the accident and is also a named Plaintiff. The Court appointed Plaintiff as her daughter's guardian ad litem on May 19, 2016. Plaintiff was represented by counsel until counsel's motion to be relieved was granted on February 1, 2018. The trial in this matter was originally set for January 8, 2018, then continued to February 26, 2018. After Plaintiff's counsel withdrew, th...
2018.8.20 Demurrer 619
Location: Sacramento
Judge: Brown, David I
Hearing Date: 2018.8.20
Excerpt: ...ewing DOC contracts with third parties. (Id., 5.) In or around August 2015, DOC entered into a consulting contract with Alexan International, Inc., an information technology contractor specializing in database architecture. (Id., 8.) Alexan recommended a software system created and owned by the Ground Water Protection Council (GWPC), a nonprofit composed of state agencies regulating ground water within their respective states. (Id., 9.) At that t...
2018.8.20 Motion to Stay Action 538
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2018.8.20
Excerpt: ...niform set of construction standards (Civ. Code § 896), and permits claimants to "make a claim for a violation of standards" by alleging that the "home does not meet the applicable standard." (Civ. Code, sec. 942.) Further, SB800 provides builders with an absolute right to investigate (Civ. Code, sec. 916(a), (c)), repair (Civ. Code § 918), or compromise (Civ. Code § 929(a)) any claimed violation of SB800's standards. Claim...
2018.8.20 Motion for Preliminary Injunction 865
Location: Sacramento
Judge: Brown, David I
Hearing Date: 2018.8.20
Excerpt: ...ember 23, 2003, Plaintiff Oleg Beknazarov ("Plaintiff') and non‐party Irina But obtained a loan in the amount of $148,000.00 ("the Loan"), the repayment of which was secured by a Deed of Trust ("Deed of Trust") recorded against certain real property located at 7716 Rudyard Circle, Antelope, California 95843. Plaintiff alleges that Fay Servicing, the current servicer since May of 2018, is violating the Homeowner's Bil...
2018.8.2 Motion to Strike 509
Location: Sacramento
Judge: Rodda, Steven H
Hearing Date: 2018.8.2
Excerpt: ...rved. Defendant's Reply states that plaintiff served a notice of an new address after this motion was served, stating that his new address was effective before the date of service of the motion. The Reply was mailed to the new address. No Change of Address form was filed with the court. Plaintiff has sued defendants for defamation arising out of an article published in the Sacramento Bee. Defendants contend that plaintiff's Complaint is s...
2018.8.2 Motion to Set Aside Default, Demurrer 947
Location: Sacramento
Judge: Rodda, Steven H
Hearing Date: 2018.8.2
Excerpt: ... A demurrer cannot be filed when a default has been entered. Therefore the demurrer is dropped from calendar. Entry of defendant's default instantaneously cuts off the right to appear in the action. Entry of default deprives the court of jurisdiction to consider any motion other than a motion for relief from default. W.A. Rose Co. v Mun. Ct. (1959) 176 Cal.App.2d 67, 71. The defendant is “out of court.” It has no right to participate in the p...
2018.8.2 Motion to Quash Service of Summons 951
Location: Sacramento
Judge: Rodda, Steven H
Hearing Date: 2018.8.2
Excerpt: ... 2018. Defendant Jason Kim had previously attempted to file an Answer to the Complaint before he was actually named as a defendant, and his Answer was rejected from filing on January 3, 2018 because he was not named as a defendant. Kim later appeared in these proceedings in February of 2018, through counsel, as an "interested party," when he opposed an application for writ of attachment that was filed against him. The application for writ...
2018.8.2 Motion to Dismiss 742
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2018.8.2
Excerpt: ... Grove. Plaintiff hit her head on a large firehose valve and firehose support bracket as she was rising up from a bent position. Plaintiff filed her complaint on 9/25/2015, a few days before the statute of limitations expired. The complaint names all current defendants, including JJD‐HOV Elk Grove, LLC and Dana Butcher Associates. Defendants move for discretionary dismissal on the grounds that Plaintiff did not serve them with the summons and c...
2018.8.2 Motion to Compel Deposition 834
Location: Sacramento
Judge: Rodda, Steven H
Hearing Date: 2018.8.2
Excerpt: ...a New Hampshire entity with no offices or employees in California. (See Adams Decl., ¶ 3.) Defendant served DCC with a PMK deposition notice. The notice contemplates a deposition in Sacramento County. DCC served objections and indicated it was not required to send its agents across the country for deposition. DCC stipulated to a videotaped deposition of a witness in New Hampshire. Defendant now moves to compel DCC to send its PMK to Sacramento. ...
2018.8.2 Motion to Compel Compliance with Court Order 624
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2018.8.2
Excerpt: ...MEC”) motion for protective order. Maciora had propounded Requests for Production, Set Four, on MEC. The RFPs provided the following definitions: 1. UBA Contract ‐ The valid and effective contract referred to in Paragraph 85 and Paragraph 86 of your Third Amended Complaint. 2. Tangiers Capital Contract ‐ The valid and effective investment agreement between MEC and Tangiers Capital referred to in Paragragh 87 of the Third Amended Complaint....
2018.8.2 Motion for Terminating Sanctions 333
Location: Sacramento
Judge: Rodda, Steven H
Hearing Date: 2018.8.2
Excerpt: ...endant. Defendant failed to serve responses to the requests for production and the interrogatories. Plaintiff seeks a remedy of striking the Answer and entering defendant's default judgment. A trial court must be cautious when imposing a terminating sanction because the sanction eliminates a party's fundamental right to a trial, thus implicating due process rights. The trial court should select a sanction that is tailored to the harm caus...
2018.8.2 Motion for Protective Order 678
Location: Sacramento
Judge: Rodda, Steven H
Hearing Date: 2018.8.2
Excerpt: ...al injury case. Bernard alleges that when he was a minor attending Defendant Jesuit High School (School), a fellow student attacked him and caused injuries including brain injury. Bernard alleges one of the School's teachers shares responsibility for his injuries. Although former Dean of Students Timothy Warren (Warren) was a named defendant, he was dismissed from the lawsuit without prejudice. Warren remains a percipient witness. The current mot...
2018.8.2 Demurrer 613
Location: Sacramento
Judge: Rodda, Steven H
Hearing Date: 2018.8.2
Excerpt: ...g out of his employment and subsequent termination as the River Cats' manager of the visitor clubhouse during the 2014 and 2015 baseball seasons. Plaintiff alleges that defendants knew of the harassing actions of third parties employed by a visiting team, including the Reno Aces' athletic trainer, Joe Metz. Metz allegedly treated plaintiff in a demeaning manner and had told him: "You're nothing but a low life clubby nigger" du...
2018.8.2 Demurrer 604
Location: Sacramento
Judge: Rodda, Steven H
Hearing Date: 2018.8.2
Excerpt: ...t. This case presents a business dispute involving co‐ownership of real property. In the complaint, Nadeem seeks partition and “dissolution of partnership.” Exhibits to the complaint are incorporated by reference into the cross‐complaint. The Defendants and Cross‐Complaints are Markus Pegany (Markus) and Lati Pegany (Lati) (collectively “Cross‐Complainants”). They allege that in April 2017, Nadeem engaged Lati as a real estate age...

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