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6288 Results

Location: Sacramento x
2021.05.27 Motion for Attorney Fees 916
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.05.27
Excerpt: ...famation. (ROA 1.) Plaintiff's complaint alleges that she was on her way to work and was running late when she parked her car in a parking spot in front of a “Cricket Cell Phone” store. On her way in she alleges she was accosted by Defendants who accused her of being illegally parked. Plaintiff responded that she would only be a second, and that she got the information she needed in less than five minutes. Plaintiff alleges that when she retu...
2021.05.27 Demurrer 928
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.05.27
Excerpt: ...Defendant Board of Trustees of the California State University's (“CSUS”) demurrer to Plaintiffs William Molina and Donna Goles' (collectively “Plaintiffs”) First Amended Complaint (“FAC”) is ruled upon as follows. Preliminarily, the court notes that CSUS filed a demurrer to Plaintiffs' initial complaint which was scheduled for today's date. On 2/25/2021, the court sustained the Fraternity Defendants' demurrer with leave to amend and ...
2021.05.26 Motion to Strike 164
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.05.26
Excerpt: ... upon as follows. Defendants move to strike Plaintiffs' claims for statutory enhanced elder abuse remedies; specifically, pre‐death pain and suffering and attorney fees, and punitive damages. Defendants contend these remedies are not available because the Complaint fails to plead facts sufficient to state a cause of action for elder abuse and fails to allege Defendants' staff engaged in oppression, fraud, or malice pursuant to Civil Code § 329...
2021.05.26 Motion to Compel Arbitration and Stay Proceedings 632
Location: Sacramento
Judge: Mesiwala, Shama H
Hearing Date: 2021.05.26
Excerpt: ...orders from other Superior Courts in California is granted. In taking judicial notice of these documents, the Court accepts the fact of their existence, not the truth of their contents. (See Professional Engineers v. Dept. of Transp. (1997) 15 Cal.4th 543, 590 (judicial notice of findings of fact does not mean that those findings are true); Steed v. Dept. of Consumer Affairs (2012) 204 Cal.App.4th 112, 120‐121.) Plaintiff filed this lemon law a...
2021.05.26 Motion to Approve PAGA Settlement 048
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.05.26
Excerpt: ...e wage statements; (3) waiting time penalties; and (4) unfair competition. (ROA 1.) On October 1, 2018, Plaintiffs gave written notice to the LWDA of this action. (Pltf.'s Exh. C.) Plaintiffs also submitted the $75 filing fee. (Rodriguez Decl. ¶ 3.) The LWDA notice was also sent to defendants Energy Star Construction, Inc., Hasham “John” Ali, and Homayoon “Alex” Alam (collectively, “Defendants”) via certified mail. (Pltf.'s Exh. C.) ...
2021.05.26 Motion for Summary Judgment, Adjudication 307
Location: Sacramento
Judge: Mesiwala, Shama H
Hearing Date: 2021.05.26
Excerpt: ...rruled. Objections 2, 3, 4, 5, medical records: Overruled. Plaintiffs First Amended Complaint alleges a single causes of action for medical malpractice against defendants for "failure to examine, failure to diagnose" plaintiff's subdural epidural abscess, "failure to treat, negligent discharge, negligent referral, failure to obtain informed consent for non‐treatment, and failure to stabilize before discharge." Plaintiff alleges she suffered per...
2021.05.26 Demurrer 917
Location: Sacramento
Judge: Mesiwala, Shama H
Hearing Date: 2021.05.26
Excerpt: ...s he was dismissed as a third‐year medical student at the University of California, Davis School of Medicine (UCDSOM) after a third unsuccessful attempt to pass the United States Medical Licensing Examination (USMLE) Step 1 examination, a requisite to progressing through the program. He alleges UCDSOM had a policy or practice, or both, of granting students a fourth attempt at their USMLE Step 1 or Step 2 Exams that was not made explicit to stud...
2021.05.26 Demurrer 164
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.05.26
Excerpt: ...on for elder abuse and third cause of action for negligent infliction of emotional distress (“NIED”) is ruled upon as follows. This action arises from a fall suffered by decedent Donald Walters (“Mr. Walters”) on August 13, 2020, the date he was admitted as a patient to Gramercy Court. Mr. Walters died the next day, August 14, 2020. The cause of death on Mr. Walters' death certificate was listed as “traumatic cerebral hemorrhage” and ...
2021.05.25 Demurrer 195
Location: Sacramento
Judge: Mesiwala, Shama H
Hearing Date: 2021.05.25
Excerpt: ...de sections 1152 and 1154 is sustained for purposes of the demurrer based upon Plaintiffs' apparent evidentiary purpose for its submission. Plaintiffs commenced this action against City on September 14, 2020, alleging four causes of action related to the Plaintiff's real property: (1) inverse condemnation; (2) trespass; (3) negligence; and (4) breach of contract. The Plaintiffs allegations are summarized as follows. Plaintiffs own real property s...
2021.05.25 Demurrer 926
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.05.25
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. The opposition fails to comply with CRC Rule 3.1113(f). Factual Background This is an elder abuse action which arises out of Louise Chappell's stay at a skil...
2021.05.25 Motion for Final Approval of Class Action Settlement 239
Location: Sacramento
Judge: Mesiwala, Shama H
Hearing Date: 2021.05.25
Excerpt: ...truction Innovations Group, LLC, Rex Moore Group, Inc., Rex Signature Services, LLC, and Rex Moore Electrical Contractors & Engineering Inc.'s (collectively, “Defendants”), to pay for all hours worked, including, but not limited to, pre‐ and post‐shift work, mandated duties, and assignments; failure to provide meal and rest periods or premium wages in lieu thereof; failure to reimburse for necessary business expenses; failure to provide a...
2021.05.25 Motion for Summary Judgment, Adjudication 192
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.05.25
Excerpt: ...r summary judgment or, in the alternative, summary adjudication is ruled upon as follows. Defendants' request for judicial notice of the Complaint, Answer, and Amended Answer filed in this action is granted. Plaintiff Prakash Prasad (aka Prakash Pande) (“Plaintiff”) filed an opposition one day late on May 5, 2021, only 13 court days prior to the hearing. Defendants have requested that the Court disregard Plaintiff's opposition in its entirety...
2021.05.25 Motion to Compel Arbitration 341
Location: Sacramento
Judge: Mesiwala, Shama H
Hearing Date: 2021.05.25
Excerpt: ...levant part: “On petition of a party to an arbitration agreement alleging the existence of a written agreement to arbitrate a controversy and that a party to the agreement refuses to arbitrate that controversy, the court shall order the petitioner and the respondent to arbitrate the controversy if it determines that an agreement to arbitrate the controversy exists, unless it determines that: (a) The right to compel arbitration has been waived b...
2021.05.25 Motion to Compel Arbitration and Stay Action 718
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.05.25
Excerpt: ...urchasing of 2017 Ford Focus (the “Subject Vehicle”) on or about 1/1/2017. Plaintiff alleges six causes of action for violation of the Song‐Beverly Consumer Warranty Act (the “SongBeverly Act”), including breach of express warranty. The Complaint alleges "[i]n connection with the purchase, Plaintiff received various warranties..." (Complaint, ¶10.) Plaintiff further alleges the "Vehicle contained or developed defects, including but not...
2021.05.25 Motion to Compel Further Responses 985
Location: Sacramento
Judge: Mesiwala, Shama H
Hearing Date: 2021.05.25
Excerpt: ...nd 4 (“RPD”), is granted in part as set forth below. Landlord's concurrent motion for monetary sanctions in the amount of $1,356.00 pursuant to Code of Civil Procedure section 2031.300(c) is denied as set forth below. Landlord's motion states that it is made in part pursuant to Section 2031.300 which states the procedure applicable when a party fails to timely respond to a request for inspection. However, Landlord's motion is not made upon th...
2021.05.25 Motion to Strike Punitive Damage Allegations 122
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.05.25
Excerpt: ...e 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 via Zoom or telephone. Factual Background This action arises from plaintiff's employment with defendant. The complaint purports to assert causes of action for retaliation, age discrimination, failure to correct illegal conduct, and defama...
2021.05.25 Petition to Compel Arbitration 154
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.05.25
Excerpt: ...es must at the time oral argument is requested notify the clerk and opposing counsel of the specific issues that will be addressed at the hearing. Counsel are also reminded that pursuant to local rules, only limited oral argument is permitted on law and motion matters. *** The opposing memorandum of points & authorities fails to comply with CRC Rule 3.1113(d)‐(e). Factual Background This employment action was filed on 2/9/2021 by the three plai...
2021.05.20 Petition to Confirm, Correct, or Vacate Contractual Arbitration Award 566
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.05.20
Excerpt: ...ith the rules and procedures for arbitration. Petitioner has not submitted SAR's arbitration and procedure rules. Petitioner avers that she became a member of SAR in 2006 and therefore was subject to SAR arbitration requirements with regard to any complaint made against her in the context of her work as a realtor. Petitioner further avers that the underlying dispute arises out of a dispute regarding commissions between herself and Chris MacPhail ...
2021.05.20 Motion to Compel Compliance with Subpoena 371
Location: Sacramento
Judge: Mesiwala, Shama H
Hearing Date: 2021.05.20
Excerpt: ...oticed motion and set the matter for today's calendar. The Court considered DPR's "sur‐reply" filed on May 6, 2021. While there is no provision in the Code of Civil Procedure permitting such a filing, the Court considered the document to address any argument by DPR that it was deprived of due process to the extent that SVO's reply brief raised new arguments and cited new authority. SVO seeks an order compelling DPR Construction's (“DPR”) cu...
2021.05.20 Motion to Compel Compliance 725
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.05.20
Excerpt: ... of American (VW) served timely responses, including documents, and further indicated that it would produce its internal policy and procedure manuals upon execution of a stipulated protective order. Additional documents were subsequently produced in July 2020. Ultimately, those responses became the subject of Plaintiffs' motion to compel, filed on August 3, 2020. In its tentative ruling of September 17, 2020, this Court denied the motion entirely...
2021.05.20 Motion for Summary Judgment, Adjudication 863
Location: Sacramento
Judge: Mesiwala, Shama H
Hearing Date: 2021.05.20
Excerpt: ...use of action is denied. Plaintiffs Evidentiary Objections to the Declaration of Nunley are sustained as to Nos. 1 and 2, and overruled as to Nos. 3 and 4. The Court will sign the formal order on the objections after the final ruling on the motion. Defendant's Request for Judicial Notice is granted. (See Poseidon Devel., Inc. v. Woodland Lane Estates, LLC (2007) 152 Cal.App.4th 1106, 1117‐18; see also Stratford Irrig. Dist. v. Empire Water Co. ...
2021.05.20 Motion for Summary Judgment, Adjudication 662
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.05.20
Excerpt: ...Pfarr at Mercy General Hospital in September 2018 regarding a lumbar surgery. Spine surgeon Praveen Prasad, M.D., had been Plaintiff's physician for many years. Dr. Prasad recommended Plaintiff undergo an anterior cervical decompression, fusion, and fixation. Dr. Ridgeway was not involved in Plaintiff's pre‐ operative assessment or informed consent discussions with Dr. Prasad. Defendant Ridgeway is a general surgeon and was engaged to perform t...
2021.05.20 Motion for Summary Judgment, Adjudication 046
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.05.20
Excerpt: ...JECTIONS Plaintiff's objections are overruled for failure to comply with CRC Rule 3.1354. FACTS Decedent Debra Baker (“Ms. Baker” or “decedent”) was a resident of Fair Oaks Estates, a residential care facility, beginning July 8, 2019. (FAC ¶ 11.) On July 17, 2019, Ms. Baker apparently fell while in the process of being “transferred” by one of Fair Oaks Estates' employees and she thereafter complained of severe leg pain. (FAC ¶¶ 14�...
2021.05.20 Motion for Attorney Fees 246
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.05.20
Excerpt: ... pursuant to a CCP § 998 offer except for the fees and costs. The § 998 offer stated, in relevant part: “1. “Defendant will pay to [Plaintiff] the sum of $32,353, which constitutes reimbursement of the amounts paid, or payable, for Plaintiff's 2016 Ford Edge, VIN 2FMPK4J04GBC67367 (the “Subject Vehicle”, and as alleged in the Complaint), incidental and consequential damages, and civil penalties under the Song‐Beverly Act. “2. As par...
2021.05.20 Demurrer 622
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.05.20
Excerpt: ...e was suspended from her duties driving a school bus, without being told the reason for her suspension. (Compl. ¶ 5(1).) On February 2, 2018, Plaintiff was informed by unidentified persons that she had been suspended from driving a school bus because Defendant received an anonymous call from a doctor saying Plaintiff should not be driving. (Compl. ¶ 5(2).) On March 14, 2018, Plaintiff was informed by unidentified person that she had to agree to...

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