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Location: Sacramento x
Judge: Brown, David I x
2019.9.17 Demurrer, Motion to Strike 739
Location: Sacramento
Judge: Brown, David I
Hearing Date: 2019.9.17
Excerpt: ...of September 13, there is still no opposition in the court file/CCMS. According to the Complaint, plaintiff is represented by Sacramento counsel and therefore it is unclear why the Opposition was not filed with the Court. The Court is therefore ruling on the demurrer and motion to strike as unopposed. On February 10, 2018, Plaintiff Nichole McGarey executed a rental agreement with 1st American to rent a self‐storage unit at 2928 Scotland Drive,...
2019.9.17 Demurrer 697
Location: Sacramento
Judge: Brown, David I
Hearing Date: 2019.9.17
Excerpt: ...lesteros is ruled on as follows. The Court shall address all demurrers in one ruling as the parties have each submitted only one points and authorities. Defendants have each filed Answers containing affirmative defenses. Plaintiffs contend generally that each of the affirmative defenses either fails to state facts sufficient to constitute an affirmative defense, that they are uncertain, or that they are not in fact affirmative defenses. Plaintiff...
2019.9.16 Motion to Quash Service of Summons 361
Location: Sacramento
Judge: Brown, David I
Hearing Date: 2019.9.16
Excerpt: ...t of KFH's name when she filed her complaint. This action arises out of Plaintiff's employment at a Kaiser Permanente facility in Folsom, California. Plaintiff filed the Complaint in this action on December 6, 2016, against the Permanente Medical Group and Does 1‐50. (ROA 1.) Plaintiff's complaint alleges claims for fraud, negligent misrepresentation, disability discrimination, wrongful termination, failure to reasonably accommodate, and IIED, ...
2019.9.16 Motion to Enforce Settlement 657
Location: Sacramento
Judge: Brown, David I
Hearing Date: 2019.9.16
Excerpt: ...rt thereof, the court, upon motion, may enter judgment pursuant to the terms of the settlement. If requested by the parties, the court may retain jurisdiction over the parties to enforce the settlement until performance in full of the terms of the settlement.” Thus, CCP § 664.6 allows the Court upon motion to enter judgment pursuant to the terms of a settlement where the parties stipulated to the settlement. The Court's inquiry in ruling o...
2019.9.16 Motion to Compel Further Responses 845
Location: Sacramento
Judge: Brown, David I
Hearing Date: 2019.9.16
Excerpt: ...on arising from a July 24, 2015, motor vehicle accident, Plaintiff propounded their second set of requests for production of documents, which included requests 69 and 70. These two requests asked Defendant for all documents relating to any video surveillance, including any sub rosa surveillance, taken of Plaintiffs at any time since July 24, 2015. Defendants objected on the ground of attorney‐client privilege and work product doctrine. Plaintif...
2019.9.16 Motion to Compel Deposition of PMK 849
Location: Sacramento
Judge: Brown, David I
Hearing Date: 2019.9.16
Excerpt: ...this personal injury action, Plaintiff was repairing Defendant's vehicle (a large truck with a trailer used for transporting cars). While Plaintiff was under the trailer, Defendant started the truck and almost ran Plaintiff over. The facts relevant to this motion are as follows. On March 29, 2019, Plaintiff's counsel sent an email to defense counsel requesting deposition dates for Defendant's employees (Ion Sirbu and Ejaz Ahmad) and Defendant's P...
2019.9.16 Motion for Summary Judgment, Adjudication 327
Location: Sacramento
Judge: Brown, David I
Hearing Date: 2019.9.16
Excerpt: ...wer is granted. The Court does not rule on Plaintiff's evidentiary objections filed in support of his opposition since they concern evidence deemed immaterial to decision on the motion. (Code Civ. Proc., § 437c, subd. (q).) Plaintiff filed his form complaint on October 12, 2018, alleging a single cause of action for premises liability. (ROA 1.) Plaintiff alleges he was “injured by a dangerous condition of public property of which defendants ha...
2019.9.16 Demurrer 561
Location: Sacramento
Judge: Brown, David I
Hearing Date: 2019.9.16
Excerpt: ...aintiff and BEG entered into an Amended and Restated Loan and Security Agreement with regard to the 2007 loan of $125,000. On June 22, 2017, Plaintiff demanded payment of the outstanding indebtedness. Defendants failed to pay and Plaintiff filed a complaint on December 11, 2017, alleging a single cause of action for damages pursuant to the California Uniform Commercial Code. A First Amended Complaint was filed on March 20, 2018. Defendants demurr...
2019.9.13 Motion for Relief from Default Judgment 759
Location: Sacramento
Judge: Brown, David I
Hearing Date: 2019.9.13
Excerpt: ...opposition consists of a request for judicial notice and declarations from himself, his son Robert Gonzalez and his current counsel. Plaintiff's request for judicial notice is granted. According to Defendant, he was never served with the summons and complaint. Defendant formerly represented Plaintiff Daniel Gonzalez in Gonzalez v. Peters, Sacramento Superior Court case number 34‐2011‐ 00105722 ("Peters"). Defendant was aware that ...
2019.9.13 Motion for Preliminary Approval of Class Action Settlement 481
Location: Sacramento
Judge: Brown, David I
Hearing Date: 2019.9.13
Excerpt: ...al. App.3rd 1117, 1138.) 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 revie...
2019.9.12 Motion to File Amended Complaint 038
Location: Sacramento
Judge: Brown, David I
Hearing Date: 2019.9.12
Excerpt: ...fect is not material because the defendant has opposed the motion without raising this defect and has not been prejudiced. In sustaining the demurrer to the 2nd amended complaint, the Court ruled: "Plaintiff may file a 3rd Amended Complaint on or before July 24, 2019." (See Minute Order July 12, 2019.) On August 9, 2019, plaintiff filed this motion seeking additional time in which to file the 3rd Amended Complaint. Plaintiff's motion ...
2019.9.12 Motion to Compel Production of Digital Devices for Inspection 319
Location: Sacramento
Judge: Brown, David I
Hearing Date: 2019.9.12
Excerpt: ...icy, and defamation. Sutter terminated plaintiff's employment, contending he had stolen supplies from the hospital. Plaintiff contends that Sutter's evidence to support the theft was based on "whistleblower" statements made by plaintiff's estranged former spouse who invited Sutter investigators into her house where miscellaneous items from Sutter were found, the total value of which was about $100. It appears plaintiff no long...
2019.9.12 Motion for Discovery Sanctions 421
Location: Sacramento
Judge: Brown, David I
Hearing Date: 2019.9.12
Excerpt: ...nd harassed her due to her age. She alleges that EDD retaliated against her for complaining about age harassment. (FAC ¶¶ 8 ‐ 11, 13, 20) . EDD contends that plaintiff wilfully and intentionally spoliated evidence relevant to this case. Specifically, plaintiff deleted numerous text messages that she exchanged with multiple witnesses from her phone after being served with a Request for Production seeking said text messages, and after agreeing ...
2019.9.12 Demurrer 917
Location: Sacramento
Judge: Brown, David I
Hearing Date: 2019.9.12
Excerpt: ... DNA evidence from the "county crime lab" was not properly returned in connection with Neely's criminal case, and further speculates that said evidence "could potentially exonerate him." (Complaint, ¶¶ 2, 8; p. 4(11).) Neely alleges that in reviewing records in his post‐conviction matter, he discovered the purported mishandling of evidence, presumably along with discovering Defendant's name, on June 30, 2017. (Compl., ...
2019.9.12 Demurrer 854
Location: Sacramento
Judge: Brown, David I
Hearing Date: 2019.9.12
Excerpt: ...#39;s employment with the DBO. On or about February 20, 2019, Plaintiff, an employee of the DBO, filed the instant lawsuit against his employer and his coworker, Geraldine Young ("Young"), alleging the following causes of action: (1) religious discrimination; (2) national origin/ancestry discrimination; (3) disability discrimination (failure to engage in the interactive process); (4) disability discrimination (failure to provide reasonabl...
2019.9.11 Motion for Attorney Fees 111
Location: Sacramento
Judge: Brown, David I
Hearing Date: 2019.9.11
Excerpt: ...ecl. ¶ 25.) By this motion, Plaintiff seeks attorneys' fees in the amount of $81,668.24 and also requests a “lodestar” enhancement of .5 in the amount of $40,834.13, for a total fee award of $122,502.38. Plaintiff also seeks costs and expenses in the amount of $24,449.33. Altogether, the total amount of attorneys' fees, costs, and expenses being sought is $146,951.71. Prevailing Party Civil Code § 1794(d) provides that a prevailing buyer is...
2019.9.11 Motion for Entry of Judgment 235
Location: Sacramento
Judge: Brown, David I
Hearing Date: 2019.9.11
Excerpt: ...ent of the case, or part thereof, the court, upon motion, may enter judgment pursuant to the terms of the settlement. If requested by the parties, the court may retain jurisdiction over the parties to enforce the settlement until performance in full of the terms of the settlement.” Thus, CCP § 664.6 allows the Court upon motion to enter judgment pursuant to the terms of a settlement where the parties stipulated to the settlement. The Court'...
2019.9.11 Motion for Preliminary Approval of Class Action Settlement 934
Location: Sacramento
Judge: Brown, David I
Hearing Date: 2019.9.11
Excerpt: ...ntiff filed a class action lawsuit on April 27, 2018, on behalf of all current and former hourly‐paid or non‐exempt employees who worked for Defendant within the State of California at any time from April 27, 2014, to final judgment. On July 11, 2019, Plaintiff filed a First Amended Complaint (“FAC”) to add a PAGA cause of action. The FAC alleges Defendant violated the Labor Code and Business & Professions Code by carrying out a uniform p...
2019.8.30 Motion to Strike 379
Location: Sacramento
Judge: Brown, David I
Hearing Date: 2019.8.30
Excerpt: ...ant was employed by Paladin Private Security and that Defendant, and others, “without any warning, justification, or provocation, or legal authority,…repeatedly and physically attacked, tased, assaulted, battered and detained Plaintiff, and did so with such force as to cause Plaintiff to sustain serious physical injuries…” (FAC ¶¶ 15, 20.) He alleges that Defendant acted intentionally and intended to cause Plaintiff to apprehend and imm...
2019.8.30 Motion to Provisionally Certify Settlement Class 175
Location: Sacramento
Judge: Brown, David I
Hearing Date: 2019.8.30
Excerpt: ...motion was served by mail and email on August 8, 2019, which is only 16 Court days before the hearing. If Plaintiff provides such proof the following will become the Court's ruling. If no proof is provided, the motion will be dropped for defective service. The trial court has broad discretion to determine whether a proposed settlement in a class action is fair. (Rebney v. Wells Fargo Bank (1990) 220 Cal. App.3rd 1117, 1138.) Newberg on Class Acti...
2019.8.30 Motion to File Amended Complaint 033
Location: Sacramento
Judge: Brown, David I
Hearing Date: 2019.8.30
Excerpt: ...ntage rent clause in a lease of real property between Defendant and Plaintiff's predecessor‐in‐interest. Plaintiff alleges that it now holds all rights of its predecessor‐in‐interest under the lease. Plaintiff seeks leave to file a first amended complaint to add two new causes of action seeking significant damages for breach of lease against Defendant and breach of a guaranty against new Defendant Raley's who Plaintiff contends guaranteed...
2019.8.30 Demurrer 503
Location: Sacramento
Judge: Brown, David I
Hearing Date: 2019.8.30
Excerpt: ...efendant's motion for judgment on the pleadings without leave to amend in April 2015 on the basis that the action was untimely. Following an appeal, the case was remanded to allow Plaintiff leave to amend. Specifically, the Third DCA ruled that Plaintiff was “entitled to reversal with a remand for an opportunity to amend her complaint to satisfactorily plead the March 2012 DFEH complaint.” Plaintiff filed her third amended complaint in No...
2019.8.30 Motion to Set Aside Default, Judgment 393
Location: Sacramento
Judge: Brown, David I
Hearing Date: 2019.8.30
Excerpt: ...s. She also seeks to quash service of summons. At the outset, while Defendant makes both a motion to quash and a motion to set aside, given Defendant is currently in default, the only motion that she may properly make is one to set aside the default. As Defendant's default has been entered by the Clerk and not yet set aside, the Court has lost jurisdiction to address any action by the defaulted defendant other than a motion to vacate entry of def...
2019.8.29 Demurrer 733
Location: Sacramento
Judge: Brown, David I
Hearing Date: 2019.8.29
Excerpt: ...r Judicial Notice is granted. Plaintiff alleges that her son, Kevin Johnson, orchestrated a scheme with the other defendants to strip nearly $2,000,000 of equity from multiple real properties owned by her. Arletha alleges the lender defendants including Civic Financial knew that Arletha had no interest in the business for which the business loans were made and that defendants should have known that the loans were for the benefit of Kevin Johnson ...
2019.8.29 Motion for Summary Judgment, Adjudication 553
Location: Sacramento
Judge: Brown, David I
Hearing Date: 2019.8.29
Excerpt: ...oof of service is filed showing service that complies with CCP 437c(a)(2), the motion will be granted. Plaintiff's Request for Judicial Notice is granted. This is a collection action in which Plaintiff has established by admissible evidence that defendant breached the credit card agreement and that plaintiff has been damaged in the amount of $9,542.92. (UMFS 1‐12) Declaration of Lindsay R. Hogueison. Plaintiff has met its burden. In evaluat...
2019.8.29 Motion for Summary Judgment, Adjudication 759
Location: Sacramento
Judge: Brown, David I
Hearing Date: 2019.8.29
Excerpt: ...bjections Declaration of Frick: The declaration filed May 30 is inadmissible because it was not signed under penalty of perjury. However, the Amended Declaration filed August 9 is under penalty of perjury and cures that defect of the original declaration. Overruled as to No. 1, 4, 5, 6,7, 9, 13, 16. Sustained as to No. 2 as to purported personal knowledge" of statements in the declaration, Sustained as to No. 3, 8, 10, 11, 12, 14, 15 for lack...
2019.8.29 Motion for Summary Judgment, Adjudication 809
Location: Sacramento
Judge: Brown, David I
Hearing Date: 2019.8.29
Excerpt: ... Plaintiff's Request for Judicial Notice is granted. Defendant's Evidentiary Objections Declaration of Martucci: Overruled as to 1, 2, 3, 4. Declaration of Mary Morris: Sustained as to 5, 6, 7, Declaration of Rhudolph Nolen: Sustained as to 21. Otherwise overruled. Plaintiff's Evidentiary Objections Declaration of Sargetis: Sustained as to Nos. 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, and 28‐33....
2019.8.29 Motion to Set Aside Entry of Default 173
Location: Sacramento
Judge: Brown, David I
Hearing Date: 2019.8.29
Excerpt: ...at 6:29 pm. The defaults of each defendant were entered December 19, 2018. The motion is brought only pursuant to CCP 473(b) based on excusable neglect or inadvertence. Motions based on excusable neglect must be brought within 6 months of the entry of default. Therefore, the motion is untimely, as it was not filed until July 19, 2019, approximately one month past the 6 month deadline. The outside time limit for seeking relief under 473(b) is 6 mo...
2019.8.29 Motion for Summary Judgment, Adjudication 447
Location: Sacramento
Judge: Brown, David I
Hearing Date: 2019.8.29
Excerpt: ...defendants”) is denied. Graspointner's request for judicial notice 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. Dep't of Transp. (1997) 15 Cal.4th 543, 590; Steed v. Department of Consumer Affairs (2012) 204 Cal.App.4th 112, 120‐121.) Cross‐defendants' objections to the invoices submitted by Graspointner as Exhibits AC...
2019.8.28 Writ of Attachment 429
Location: Sacramento
Judge: Brown, David I
Hearing Date: 2019.8.28
Excerpt: ... file is granted. On May 14, 2019, this Court granted Plaintiff's Application for Right to Attach Order and Order for Issuance of Writ of Attachment against the real property owned by Michael R. Beile located at 2832 Verna Way, Sacramento, California 95821 and against any “funds in excess of $1,000 in bank accounts” of defendants Sean D. Lively, Michael Beile, and Marisa LeFevre. Plaintiff's other applications were dropped for defective servi...
2019.8.28 Petition to Compel Compliance 891
Location: Sacramento
Judge: Brown, David I
Hearing Date: 2019.8.28
Excerpt: ...why it had not produced the documents required by the investigational subpoena issued by the Department on June 14, 2018, seeking unredacted medical records for deceased patient 1 (“Patient 1”). Government Code §§ 11180 et seq. set forth the investigative powers of state departments, such as the "Department", how they are to be exercised, and how they are to be enforced. Pursuant to Gov't Code § 11187(a), where a party refuses ...
2019.8.28 OSC Re Contempt 575
Location: Sacramento
Judge: Brown, David I
Hearing Date: 2019.8.28
Excerpt: ...f defendant Palm Desert Kitchens, Inc.'s (“Defendant”) failure to comply with this Court's March 23, 2019, Order requiring Defendant to provide verified responses to Plaintiffs' request for production, set one, no later than June 3, 2019. (ROA 15.) Defendant did not oppose the underlying motion to compel and Defendant has failed to comply with the Order. (Calnero Decl. ¶¶ 5‐7.) First, to the extent that the motion seeks an order of contem...
2019.8.28 Motion to Quash Deposition Subpoena 927
Location: Sacramento
Judge: Brown, David I
Hearing Date: 2019.8.28
Excerpt: ... Subpoena”). (King Decl. ¶ 3, Exh. A.) KP Cal moves to quash on the grounds that: (1) the First Subpoena was not personally served on Ms. Ognissanti; (2) the Notice and Subpoena are in defective form because they seek the deposition of an unknown individual named “Christina Ognissanti;” (3) Plaintiff was required but failed to obtain leave of Court to serve the deposition notice pursuant to CCP § 2025.210 as KFHP had yet to appear in the ...
2019.8.28 Motion to Compel Further Responses 511
Location: Sacramento
Judge: Brown, David I
Hearing Date: 2019.8.28
Excerpt: ...ion arises from personal injuries suffered by Plaintiff as a result of Sutter's alleged wrongful conduct surrounding the August 28, 2017, death of Plaintiff's husband. Plaintiff's husband allegedly received a morphine drip of 250 milligrams over less than 90 minutes, despite an order from his physical for a morphine drip at 1 milligram per hour. This instant dispute concerns the following document request (RFPD, set three, number 13): “The docu...
2019.8.28 Motion for Entry of Judgment 227
Location: Sacramento
Judge: Brown, David I
Hearing Date: 2019.8.28
Excerpt: ...case, or part thereof, the court, upon motion, may enter judgment pursuant to the terms of the settlement. If requested by the parties, the court may retain jurisdiction over the parties to enforce the settlement until performance in full of the terms of the settlement.” Thus, § 664.6 allows the Court upon motion to enter judgment pursuant to the terms of a settlement where the parties stipulated to the settlement. The Court's inquiry in r...
2019.8.27 Motion to Compel Arbitration 050
Location: Sacramento
Judge: Brown, David I
Hearing Date: 2019.8.27
Excerpt: ... was filed in July 2014 with the others being filed in October and November 2014 and March 2015. The actions were consolidated for all purposes through various orders and the matter stayed until completion of the SB800 pre‐litigation procedures. The Court need not remind counsel that a stay order suspends all proceedings in the action to which it applies. Indeed, a stay freezes a court's proceedings at a particular point. Bruns v. E‐Comme...
2019.8.27 Demurrer 031
Location: Sacramento
Judge: Brown, David I
Hearing Date: 2019.8.27
Excerpt: ...gation in Orange County. They claim that three years later they still have not been informed of the status of the complaint and that the CJP is charged with protecting the public from judicial corruption. They allege that Defendants have failed to take adequate action in response to reports of judicial misconduct and improperly hid the nature of its investigations from the public. Plaintiffs also allege Defendants wasted taxpayer funds, and misus...
2019.8.27 Demurrer, Motion to Strike 405
Location: Sacramento
Judge: Brown, David I
Hearing Date: 2019.8.27
Excerpt: ...Abuse Act on the basis that Plaintiffs failed to allege facts to show Defendant acted with recklessness, oppression, fraud, or malice. The motion is granted. As seen from the Court's ruling on the demurrer the Court sustained Defendant's demurrer to the Elder Abuse Cause of Action. The only causes of action remaining are for medical negligence and NIED. There is no basis for enhanced remedies under the Act or for punitive damages. The Court need ...
2019.8.27 Motion for Terminating Sanctions 133
Location: Sacramento
Judge: Brown, David I
Hearing Date: 2019.8.27
Excerpt: ...ks terminating and monetary sanctions on the basis that Claimant has not provided the Court ordered responses. For misuse of the discovery process, including as is the case here, disobeying a court order to provide discovery, the Court may impose a terminating sanction by one of the following: an order striking out the pleadings or parts of the pleadings of any party engaging in the misuse of the discovery process or an order dismissing the actio...
2019.8.26 Demurrer, Motion to Strike 167
Location: Sacramento
Judge: Brown, David I
Hearing Date: 2019.8.26
Excerpt: ...omplaint on or about May 23, 2019,in propria personaalleging claims of “discrimination, unlawfully detained [sic], false arrest and imprisonment, unconscionability, harassment in the workplace, sexual harassment, harassment, slander, defamation, libel, child endangerment, civil rights violation, negligence, malic, oppression, wrongful termination, recklessness and fraud.” (Compl. p. 1.) The Complaint attaches hundreds of pages of exhibits, pr...
2019.8.26 Motion for Final Approval of Class Action Settlement 515
Location: Sacramento
Judge: Brown, David I
Hearing Date: 2019.8.26
Excerpt: ...ttlement is committed to the Court's sound discretion. See Cal. Rules of Court, Rule 3.769; Fed. R. Civ. Proc, Rule 23(e); Wershba v. Apple Computer, Inc.(2001) 91 Cal. App. 4th 224, 234‐35.The trial court has broad discretion to determine whether a proposed settlement 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 ...
2019.8.26 Motion for Summary Judgment, Adjudication 529
Location: Sacramento
Judge: Brown, David I
Hearing Date: 2019.8.26
Excerpt: ...on for loss of consortium. Facts The Court finds the following facts to be disputed, unless otherwise noted. In April 2013, Plaintiff William Fastiggi underwent a surgical procedure to address a left lateral disc herniation at L4‐L5. Defendant Smith performed the left lateral L4‐L5 microdiscectomy. In September 2016, Mr. Fastiggi returned to Dr. Smith complaining of pain. Dr. Smith diagnosed a herniated nucleus pulposus; conservative care to ...
2019.8.26 Motion to Strike 927
Location: Sacramento
Judge: Brown, David I
Hearing Date: 2019.8.26
Excerpt: ...udulent health care billing of Medi‐Cal. The case remained under seal until October 22, 2018, when the Court issued an Order reflecting the State's election to decline intervention in the matter. On August 2, 2018, prior to the seal being lifted, Plaintiff filed a Cross‐Complaint against moving Defendant alleging claims of breach of contract, breach of the implied covenant of good faith and fair dealing, wrongful discharge and Labor Code viol...
2019.8.23 Motion to Set Aside Right to Attach Order 413
Location: Sacramento
Judge: Brown, David I
Hearing Date: 2019.8.23
Excerpt: ...es out of a dispute related to an application for credit. Plaintiff filed the instant action alleging causes of action for breach of contract, common counts and unjust enrichment. It alleges that pursuant to the application for credit and invoices issued pursuant to the application, Defendants owe it $96,589.22. Plaintiff sought a writ of attachment in the amount of $121,589.22 ($96,589.22 alleged outstanding balance + $25,000 anticipated attorne...
2019.8.23 Motion for Judgment on the Pleadings 087
Location: Sacramento
Judge: Brown, David I
Hearing Date: 2019.8.23
Excerpt: ...then propounded Requests for Admissions. Defendant did not respond. The Court deemed the truth of the matters specified in Plaintiffs Request for Admissions as admitted on June 19, 2019. (See Minute Order Dept 53, June 19, 2019.) Pursuant to the Court's June 19, 2019 Order, the defendant has admitted that she was issued the subject credit card, that she used the credit card to make charges, that she was to repay the plaintiff the principal am...
2019.8.23 Motion for Reconsideration 593
Location: Sacramento
Judge: Brown, David I
Hearing Date: 2019.8.23
Excerpt: ...egedly tripped and fell on a curb in Defendants' parking lot. The Court issued a tentative ruling granting Defendants' motion for summary judgment. Plaintiff did not file a written opposition to the motion. However, she appeared at the May 30, 2019 hearing and the Court took the matter under submission. On May 31, 2019, the Court issued a ruling indicating that it had “fully considered the arguments of all parties, both written and oral, as wel...
2019.8.23 Motion to Compel Production of Docs 713
Location: Sacramento
Judge: Brown, David I
Hearing Date: 2019.8.23
Excerpt: ...39;s complaint filed January 3, 2017, alleges Failure to Reasonably Accommodate, Failure to Engage in a Good Faith Interactive Process, Disability Discrimination and Failure to Correct Retaliation and/or Discrimination under the California Fair Employment and Housing Act ("FEHA") against her former employer Dignity Health. Lewis also alleges retaliation for using California Family Rights Act ("CFRA") protected leave. The discrimin...
2019.8.23 Motion to Enforce Settlement 951
Location: Sacramento
Judge: Brown, David I
Hearing Date: 2019.8.23
Excerpt: ... to pending litigation stipulate in writing signed by the parties outside the presence of the court…, for settlement of the case,…the court, upon motion, may enter judgment pursuant to the terms of the settlement. If requested by the parties, the court may retain jurisdiction over the parties to enforce the settlement until performance in full of the terms of the settlement.” (CCP § 664.6.) On a 664.6 motion the “trial court merely resol...
2019.8.22 Motion to Compel Depositions 983
Location: Sacramento
Judge: Brown, David I
Hearing Date: 2019.8.22
Excerpt: ...r July 29, 2019, and served the depositions notices via U.S. Mail on July 10, 2019. (Asterlin Decl., Exh. 1.) Pappas served objections to each of the deposition notices on July 25, 2019, four days prior to the depositions. (Ching Decl., Exh. A.) The objections were sent via overnight mail and via email to Plaintiff. (Asterlin Decl., Exh. 6.) On reply, Plaintiff indicates the parties resolved the matter as to the PMK regarding maintenance of the s...
2019.8.22 Motion to Compel Responses 707
Location: Sacramento
Judge: Brown, David I
Hearing Date: 2019.8.22
Excerpt: ...sel included in Counsel's declaration. It is axiomatic that arguments are not evidence. The mere inclusion of arguments in a declaration does not make them evidence. The Court further notes that had it sustained any of the objections, it would not have changed its decision. Factual & Procedural Overview Plaintiff commenced this wage‐and‐hour case asserting three causes of action for failure to pay wages, unfair competition, and penalties unde...
2019.8.22 Motion to Strike Amended Complaint, Demurrer 213
Location: Sacramento
Judge: Brown, David I
Hearing Date: 2019.8.22
Excerpt: .... The opposition does not explain why the opposition was untimely. Even though the opposition was only filed one day late, the Court must express its frustration with untimely filings as they demonstrate a lack of respect for the rules of Court and the Court's time and resources. Counsel are expected to comply with the rules of Court. This time the Court has considered the opposition, but continued untimely filings may lead to the filing not bein...
2019.8.22 Motion for Summary Judgment, Adjudication 875
Location: Sacramento
Judge: Brown, David I
Hearing Date: 2019.8.22
Excerpt: ...for the purpose of Defendant acquiring a Cynosure Sculpsure Laser System (the “Equipment”). Plaintiff filed this action on May 30, 2018, alleging three causes of action for (1) breach of Equipment Finance Agreement (“EFA”), (2) claim and delivery, and (3) conversion. By this motion, Plaintiff purports to move for summary judgment as to all causes of action in the complaint. The Court, however, cannot treat this motion as one for summary j...
2019.8.21 Motion to Strike Claim 383
Location: Sacramento
Judge: Brown, David I
Hearing Date: 2019.8.21
Excerpt: ... copy of that Minute Order on Real Party in Interest on April 11, 2019. After receiving no response, Petitioner filed a Motion to Strike on May 7, 2019. On June 10, 2019, Real Party in Interest provided Petitioner with an incomplete and unverified response, i.e., nine invoices with checks. On June 13, 2019, Petitioner mailed Real Party in Interest a letter advising that his responses were incomplete and unverified. Petitioner gave Real Party in I...
2019.8.21 Motion to File Amended Complaint 471
Location: Sacramento
Judge: Brown, David I
Hearing Date: 2019.8.21
Excerpt: ... June 2014, Defendant issued two personal checks to Plaintiff for $20,000 each, which Plaintiff was unable to deposit in repayment for the personal loan due to insufficient funds. (Compl. ¶¶ 5‐6.) The complaint alleges two causes of action: breach of contract and violation of Civil Code section 1719 (passage of checks on insufficient funds). Trial is scheduled for October 15, 2019, and a Mandatory Settlement Conference is scheduled for Septem...
2019.8.20 Demurrers 475
Location: Sacramento
Judge: Brown, David I
Hearing Date: 2019.8.20
Excerpt: ...pears. Appearance is required on August 20, 2019. Plaintiff Brian Spears shall be available, by COURTCALL, to participate in oral argument on the continuance date. Mr. Kratzer's request for judicial notice is granted. Plaintiff's opposition states that since the prison law library has been closed on the majority of the Saturdays, he has had insufficient access to do legal research since he is employed at the prison during the week. Plaint...
2019.8.20 Motion for Attorney Fees 185
Location: Sacramento
Judge: Brown, David I
Hearing Date: 2019.8.20
Excerpt: ... June 4, 2019, The Court granted Defendant Do's Special Motion to Strike (antiSLAPP motion) and awarding attorney fees and costs. (ROA #46) Plaintiffs Dat Minh Ma and Lee Vo filed a defamation lawsuit against Defendant Be Thi Nguyen, Lan Anh Do, and James Gilliam on December 10, 2018. Plaintiffs' Complaint alleged that Defendants made false and malicious statements about Plaintiffs in public and private settings. Plaintiffs, in particular...
2019.8.20 Motion for Preliminary Injunction 439
Location: Sacramento
Judge: Brown, David I
Hearing Date: 2019.8.20
Excerpt: ..., 2019 is overruled. The objections to plaintiff's declaration are sustained. Plaintiff alleges she is the lawful owner of certain residential real property located at 4340 Perry Avenue, Sacramento, CA 95820. In 2015 she borrowed $80,000 from The REO Group. Under the terms of the loan, the $80,000 was due on February 1, 2019. In January of 2019 plaintiff signed a modification making the final payment of $80,000, due February 1, 2020. Plaintif...
2019.8.19 Motion for Final Approval of Class Action and PAGA Settlement 493
Location: Sacramento
Judge: Brown, David I
Hearing Date: 2019.8.19
Excerpt: ...er a proposed settlement 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...
2019.8.19 Motion to Compel Compliance with Subpoena 379
Location: Sacramento
Judge: Brown, David I
Hearing Date: 2019.8.19
Excerpt: ...ment with Defendant Paladin Private Security ("PPS"), assaulted, battered, and falsely imprisoned Plaintiff, causing serious physical injuries. In addition to pursuing claims directly against Cooper and Thurman, Plaintiff asserts causes of action against PPS and Defendants Matt Carroll, Louis Aljens, Michael Johnsen and Scott Johnsen for negligence in the hiring, supervision and training of Cooper and Thurman. On March 6, 2019 Plaintiff s...
2019.8.19 Motion to Compel Discovery and Production of Docs 469
Location: Sacramento
Judge: Brown, David I
Hearing Date: 2019.8.19
Excerpt: ... to resolve a portion of their discovery dispute, but the following discovery disputes remain at issue: (1) The compliance deadline for the document production by MP holdings; (2) Odor condition requests (RFP No. 12, 17, 19); (3) Requests regarding sewer and sewer odor (RFP No. 25‐27, 31‐32, 52‐53); (4) Requests regarding government citations and default notices to tenants (RFP Nos. 33 and 55); and (5) Form interrogatory No. 17.1 pertaining...
2019.8.19 Motion to Compel Production of Docs 317
Location: Sacramento
Judge: Brown, David I
Hearing Date: 2019.8.19
Excerpt: ...fendant has also filed a motion to compel Plaintiff to serve further verified responses to requests for production, set one. Lastly, Defendant has filed a motion to compel Plaintiff to serve further verified responses to requests for admissions, set one. Each motion is substantively similar and the parties raise the same, if not identical, arguments in support of and in opposition thereto. Accordingly, the Court is consolidating the three motions...
2019.8.16 Motion to Set Aside Default Judgment 273
Location: Sacramento
Judge: Brown, David I
Hearing Date: 2019.8.16
Excerpt: ...endant [Ms. Virga] argued that the answer had been attached to the moving documents, even though the Court did not have it, nor was it in CCMS. Notably, counsel for plaintiff acknowledged receipt of the proposed answer with his served copy of the motion. It bears noting the clerk's failure to list a document on the register of actions does not mean that it was not part of the official trial court record. (Ten Eyck v. Industrial Forklifts Co. ...
2019.8.16 Motion to Strike 237
Location: Sacramento
Judge: Brown, David I
Hearing Date: 2019.8.16
Excerpt: ...005. However, the court will exercise its discretion to consider the papers. (Cal. Rules of Court, rule 3.1300(d); Levingston v. Kaiser Foundation Health Plan (2018) 26 Cal.App.5th 309, 314.) Factual Overview This motion relates to an underinsured motorist (“UIM”) arbitration under Insurance Code § 11580.2. Claimant served a 998 offer to compromise on February 6, 2016 in the amount of $139,999. Respondent rejected the offer. On the eve of ar...
2019.8.16 Motion for Summary Judgment, Adjudication 249
Location: Sacramento
Judge: Brown, David I
Hearing Date: 2019.8.16
Excerpt: ...s request for judicial notice 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. Dep't of Transp. (1997) 15 Cal.4th 543, 590; Steed v. Department of Consumer Affairs (2012) 204 Cal.App.4th 112, 120‐121.) Factual Overview This is an employment dispute lawsuit in which Coyle, a cancer survivor, alleges SMUD failed to provide reaso...
2019.8.16 Demurrer 847
Location: Sacramento
Judge: Brown, David I
Hearing Date: 2019.8.16
Excerpt: ...p.4th 1106, 1117‐18; see also Stratford Irrig. Dist. v. Empire Water Co. (1941) 44 Cal.App.2d 61, 68 [recorded land documents, not contracts, are the subject of judicial notice on demurrer].) Plaintiff opposes the request as to Exhibits 2‐ 3, and 7‐12 on grounds the documents are being offered to prove the truth of the matter. The Court notes BANA's request for judicial notice is for exhibits identified as A‐M and that there is no request...
2019.8.15 Demurrer 183
Location: Sacramento
Judge: Brown, David I
Hearing Date: 2019.8.15
Excerpt: ...se of action for Fraud/Deceit, a 5th cause of action for Fraud/Deceit, and a 6th cause of action for Medical Negligence. On this demurrer, the defendant challenges only the 5th cause of action for Fraud/Deceit. On April 23, 2019, the Court ruled on the demurer to the allegations of the First Amended Complaint. (RJN Ex. C) The Court sustained the demurrer to the fraud causes of action, with leave to amend. Self‐Represented Plaintiff alleges caus...
2019.8.15 Motion to File Amended Complaint 655
Location: Sacramento
Judge: Brown, David I
Hearing Date: 2019.8.15
Excerpt: ...for elder abuse and wrongful death, Plaintiffs named moving parties as "heir defendants" in the Complaint. The "heir defendants" now wish to join as plaintiffs in this action and are seeking to file an amended complaint removing them as heir defendants and naming them as plaintiffs. Defendants do not oppose the motion. The current plaintiff, Anna Sandoval‐Ryan, suing as successor in interest to decedent as well as individually, ...
2019.8.15 Demurrer 259
Location: Sacramento
Judge: Brown, David I
Hearing Date: 2019.8.15
Excerpt: ...vide accurate wage statements, keep complete and accurate payroll records, and reimburse necessary business‐related expenses/costs. Defendant contends that the Complaint and each cause of action therein are "uncertain" and fail to state facts sufficient to constitute a cause of action. Defendant contends that the Complaint alleges only legal conclusions that specific Labor Code sections were violated and suffers from an absence of speci...
2019.8.13 Motion for Summary Judgment, Adjudication 647
Location: Sacramento
Judge: Brown, David I
Hearing Date: 2019.8.13
Excerpt: ... Nevertheless, the Court considered the entirety of the memorandum. In this action, Plaintiff alleges numerous causes of action based on violations of the Sacramento County Zoning Code, trespass, private and public nuisance, IIED, NIED, negligence, negligence per se and declaratory relief. Plaintiff alleges that he owns real property located at 12370 Clay Station Road, in Herald, CA. He alleges that the Raymond and Mary Ellen Harrell Living Trust...
2019.8.13 Motion for Sanctions 153
Location: Sacramento
Judge: Brown, David I
Hearing Date: 2019.8.13
Excerpt: ...s. Factual and Procedural Background The facts and procedural history of this action are voluminous. Of relevance here is the following. In this action, Plaintiffs have amended their complaint four times since the initial filing in September of 2016, and following three demurrers by Defendants. On November 26, 2018, Plaintiffs filed the Fourth Amended Complaint (“FAC”). On January 3, 2019, Defendants demurred as to the second, third, fourth, ...
2019.8.13 Demurrer 339
Location: Sacramento
Judge: Brown, David I
Hearing Date: 2019.8.13
Excerpt: ...ts set forth in CRC Rule 3.1113(d). Defendants did not obtain an order from the Court allowing them to file such an oversized opposition memorandum. In this action, Plaintiff (attorney) Pamela Palmieri represents herself and Gilliland as plaintiffs; Palmieri alleges that she represented Plaintiff Kayrinkia Gilliland in a previous foreclosure related matter. She alleges that she had a contingency fee agreement allowing for a percentage of the gros...
2019.8.12 Motion for Summary Judgment 279
Location: Sacramento
Judge: Brown, David I
Hearing Date: 2019.8.12
Excerpt: ...on Drive in the City of Sacramento. Qui Chang Zhu, was crossing Freeport Boulevard with her six year old grandson, plaintiff Jian Hao Kuang as they were walking home from Sutterville Elementary School. The intersection of Freeport Boulevard and Oregon Drive has no stop signs or traffic lights for motor vehicles traveling in either direction on Freeport Boulevard. Plaintiff and his grandmother were struck by defendant Gurdeep Chand Sidhu traveling...
2019.8.12 Motion to Compel Requests for Production 345
Location: Sacramento
Judge: Brown, David I
Hearing Date: 2019.8.12
Excerpt: ...iff's credit or debit card transaction records showing that she made purchases at restaurants or other businesses in the vicinity of her work location during her work days. Pep Boys contends the discovery requests at issue are directly relevant to Pep Boys' defenses to Plaintiffs claims alleging failure to provide off‐duty meal periods, failure to authorize and permit rest periods, and failure to pay minimum wage and overtime. Plaintiff...
2019.8.12 Motion to Stay Civil Action 643
Location: Sacramento
Judge: Brown, David I
Hearing Date: 2019.8.12
Excerpt: ...eneral Robert Barton, alleging that his superiors committed misconduct in intentionally withholding relevant information in an official CDCR report. Plaintiff further alleges that, approximately five weeks later, his supervisors became aware of his allegations and began to retaliate against him by bypassing the chain of command and otherwise ignoring him. As the result of the alleged retaliatory conduct, plaintiff alleged he was not able to do hi...
2019.8.12 Demurrers 475
Location: Sacramento
Judge: Brown, David I
Hearing Date: 2019.8.12
Excerpt: ...pears. Appearance is required on August 20, 2019. Plaintiff Brian Spears shall be available, by COURTCALL, to participate in oral argument on the continuance date. Mr. Kratzer's request for judicial notice is granted. Plaintiff's opposition states that since the prison law library has been closed on the majority of the Saturdays, he has had insufficient access to do legal research since he is employed at the prison during the week. Plaint...
2019.8.9 Motion to Compel Compliance 795
Location: Sacramento
Judge: Brown, David I
Hearing Date: 2019.8.9
Excerpt: ...production in its entirety. (ROA 59.) The motion requested further responses and production of corresponding documents. The Court ordered Defendant Kia Motors America, Inc. ("Kia") to provide further responses by March 8, 2019. On June 5, 2019, the Court granted Plaintiff's motion to compel compliance with the Court's February 22, 2019, discovery order. (ROA 69.) The Court ordered Kia to produce documents responsive to Requests for Produc...
2019.8.9 Demurrer 769
Location: Sacramento
Judge: Brown, David I
Hearing Date: 2019.8.9
Excerpt: ...e, and not the evidence or the facts alleged. (City of Atascadero v. Merill Lynch, Pierce, Fenner & Smith. Inc. (1998) 68 Cal.App.4th 445, 459.) Courts "assume the truth of the complaint's properly pleaded or implied factual allegations." (Schifando v. City of Los Angeles (2003) 31 Cal.4th 1074.) On a demurrer, a court's function is limited to testing the legal sufficiency of the complaint. Code Civ. Proc., § 430(a), pertaining t...
2019.8.9 Motion for Summary Judgment, Adjudication 620
Location: Sacramento
Judge: Brown, David I
Hearing Date: 2019.8.9
Excerpt: ...s not rule on these evidentiary objections filed in support of the reply since they concern evidence deemed immaterial to decision on the motion. (CCP § 437c, subd. (q).) Costco also submitted objections to the Declaration of Mark Velez. The Court does not rule on these evidentiary objections as they are either not proper objections to evidence or are immaterial to the decision on the motion. (CCP § 437c, subd. (q).) Finally, Costco submitted o...
2019.8.9 Motion to Compel Production of Docs 219
Location: Sacramento
Judge: Brown, David I
Hearing Date: 2019.8.9
Excerpt: ...mon Law action involving a 2016 Chevrolet Silverado vehicle, which Plaintiff alleges suffered from various defects, including transmission defects, Plaintiff seeks to compel Defendant to provide full and complete responses to certain requests for production (set one) and produce responsive documents corresponding to those requests. Requests nos. 17 and 20‐25 relate to Defendant's investigations and analysis regarding the defects. Requests 7, 50...
2019.8.8 Motion for Summary Judgment, Adjudication 691
Location: Sacramento
Judge: Brown, David I
Hearing Date: 2019.8.8
Excerpt: ... Nevertheless, the Court considered the entirety of the memorandum. In this employment action, Plaintiff Sandra Muniz alleges causes of action for constructive wrongful discharge in violation of public policy, retaliation in violation of FEHA, failure to prevent discrimination and retaliation in violation of FEHA, sexual discrimination in violation of FEHA, sexual harassment in violation of FEHA, and IIED. She claims that she was a long term and ...
2019.8.8 Motion to Set Aside Default, Judgment 749
Location: Sacramento
Judge: Brown, David I
Hearing Date: 2019.8.8
Excerpt: ...lect. This action was filed almost four years ago by Plaintiff Deanna Correll on September 15, 2015. The matter involves a settlement agreement between Plaintiff and the “Estate of Loren Hawley, by and through [Defendant] as Trustee of the Trowbridge Trust, and Garrett Hawley, beneficiary of the Trowdrige Trust.” (Comp. Exh. A.) The settlement related to litigation in Sutter County. Plaintiff's instant complaint is premised on a breach of the...
2019.8.7 Motion for Summary Judgment, Adjudication 141
Location: Sacramento
Judge: Brown, David I
Hearing Date: 2019.8.7
Excerpt: ...019, at ROA 130 that does not include a proof of service of the document on the defendant. As defendant filed a reply, the court is considering plaintiff's correspondence because this is a dispositive motion. Defendant's Request for Judicial Notice is granted. Self‐represented incarcerated Plaintiff filed a Complaint against the State of California Department of Corrections and Rehabilitation (CDCR) for personal injuries while incarcera...
2019.8.7 Motion for Preliminary Injunction 377
Location: Sacramento
Judge: Brown, David I
Hearing Date: 2019.8.7
Excerpt: ...ained: 2, 5, 8, 10, 12, and 15. City alleges defendant Robin Brewer has created a public nuisance at her property located at 3071 E Curtis Drive, Sacramento, California. City contends defendant owner Robin Brewer has unlawfully installed of a hot tub/spa ("hot tub") in the front setback and (2) created an unlawful encroachment of a concrete/masonry wall ("wall") without first obtaining the necessary permits. City seeks the followi...
2019.8.7 Motion to File Amended Complaint 927
Location: Sacramento
Judge: Brown, David I
Hearing Date: 2019.8.7
Excerpt: ...ce on July 30, 2019 for failure to comply with CRC 3.1324. The Court has also considered the opposition filed August 2. Plaintiff seeks to combine her Cross‐Complaint (sic) with her Complaint in the form of a First Amended Complaint. Plaintiff's Complaint consists of her Qui Tam claims. Her Cross‐complaint, filed on August 1, 2018 consists of claims for breach of contract, wrongful termination, and retaliation. Plaintiff contends that she...
2019.8.6 Demurrer 419
Location: Sacramento
Judge: Brown, David I
Hearing Date: 2019.8.6
Excerpt: ...At oral argument plaintiff stated that he could cure the defects of the FAC and leave to amend was granted. Plaintiff then filed a Second Amended Complaint, to which Dr. Molyn again demurred. On May 28, 2019, the Court tentatively sustained the demurrer without leave to amend. After oral argument, the Court again granted leave to amend, but only as to the fraud cause of action. Plaintiff then filed his Third Amended Complaint on June 7, 2019, all...
2019.8.6 Demurrer 597
Location: Sacramento
Judge: Brown, David I
Hearing Date: 2019.8.6
Excerpt: ...e 7, 2018, and is entitled Joseph Mohamed v. City of Elk Grove, case number 34‐2018‐00234257. The first case is currently pending. In short, in the first case Plaintiff alleged the City breached the terms of the grant deed when the City transferred 78.1 acres worth of Plaintiff's Conservation Rights to Pulte Homes (“Pulte”) without giving notice of the transfer as required by the grant deed. Plaintiff alleged it never authorized the trans...
2019.8.6 Motion to Dismiss for Failure to Bring to Trial 425
Location: Sacramento
Judge: Brown, David I
Hearing Date: 2019.8.6
Excerpt: ... failed to timely bring the case to trial. Defendant also seems to move for a discretionary dismissal pursuant to CCP § 583.420(a)(1) for failure to serve the Summons and Complaint within two years. However, as seen below, an answer by defendant has been on file since January 21, 2016. The procedural background in this action is as follows. This is a limited civil action for breach of contract arising from a landlord‐tenant dispute. The action...
2019.8.6 Motion for Summary Judgment, Adjudication 657
Location: Sacramento
Judge: Brown, David I
Hearing Date: 2019.8.6
Excerpt: ...g her dog when a “No Parking” sign affixed to a metal post dislodged from its mooring and fell on her head. Complaint, ¶ 7 ["...parking sign falling and striking Plaintiffs head."] The City owned and controlled, inter alia, the subject sign. Id. ¶ 7‐8. Plaintiff filed suit against the City alleging a single cause of action for dangerous condition of public property. The City now moves for summary judgment on the grounds that it ne...
2019.8.6 Motion for Final Approval of Class Action Settlement 101
Location: Sacramento
Judge: Brown, David I
Hearing Date: 2019.8.6
Excerpt: ...Plaintiff Henry Cress and Plaintiff Jeanine Roberts as class representatives for purposes of settlement; 3. Appointing the Shimoda Law Corp. as class counsel for purposes of settlement; 4. Approving the proposed class action settlement, which is incorporated herein by reference; 5. Approving the application for payment to class counsel of attorneys' fees in the amount of $416,666.67 (1/3 of the Gross Settlement Amount); 6. Approving the appli...
2019.8.6 Motion for Approval of Settlement of Civil Penalties 367
Location: Sacramento
Judge: Brown, David I
Hearing Date: 2019.8.6
Excerpt: ...part I, states that the "court shall review and approve any penalties sought as part of a proposed settlement agreement pursuant to this part." Plaintiff was employed with defendants BHC Sierra Vista Hospital, Inc. dba Sierra Vista Hospital and UHS of Delaware, Inc. from March 11, 2011, to September 20, 2017, initially as a case manager in the social services department and ultimately at the time of her resignation as a Licensed Marriage ...
2019.8.6 Demurrer 987
Location: Sacramento
Judge: Brown, David I
Hearing Date: 2019.8.6
Excerpt: ...subjected to other wrongful actions, including defamation. Plaintiff's eleventh cause of action for defamation is asserted against Dignity and her alleged former supervisors, Sherrilyn Pospisil, Kristen Anderly, and Laura Gaminde (collectively, “Individual Defendants”) Laura Gaminde has timely filed a joinder to this demurrer filed by Pospisil and Anderly asserting she should be entitled to the same relief on the same grounds. Gaminde's joind...
2019.8.2 Demurrer 217
Location: Sacramento
Judge: Brown, David I
Hearing Date: 2019.8.2
Excerpt: ...kson alleges direct victim emotional distress in observing injuries to plaintiff Ava Walls. The Third Cause of action for Fraud in Concealment alleges that defendants knew that plaintiff Crystal Jackson would encounter a dangerous delivery that had the risk of brachial plexus paralysis, brain damage, and /or death yet chose to withhold this information from Crystal in order to avoid the cost of performing a medically necessary C‐Section. She al...
2019.8.2 Motion for Judgment on the Pleadings 821
Location: Sacramento
Judge: Brown, David I
Hearing Date: 2019.8.2
Excerpt: ...‐to‐carrier services provided by AT&T to Defendant O1 Communications ("O1"), for which defendant has allegedly failed to pay the appropriate amounts due. Under the ICA, AT&T provides, inter alia, transiting service to O1, which allows O1 to deliver certain telecommunications traffic (e.g., voice communications) to AT&T, for delivery by AT&T to third‐party telecommunications carriers, for ultimate delivery to the third‐party carrie...
2019.8.2 Motion for Summary Judgment 223
Location: Sacramento
Judge: Brown, David I
Hearing Date: 2019.8.2
Excerpt: ...of the pleadings and irrelevant to the court's interpretation of the alleged contract on this motion. Molina's Evidentiary Objections are sustained. Plaintiff alleges a cause of action for breach of contract arising out of relationship with Molina. Plaintiff asserts that certain provisions of the 2015 Molina Healthcare Medi‐Cal Program Member Services Guide created a contractual duty for Molina to provide name brand prescriptions rather...
2019.8.2 Motion for Summary Judgment 405
Location: Sacramento
Judge: Brown, David I
Hearing Date: 2019.8.2
Excerpt: ... Sleep Train Arena around 5:30 to 6:00 pm for the game between the Kings and the Denver Nuggets. As she and her friend Mr. Romero were walking toward the tables to buy bobble heads, Rose slipped and fell to the floor, injuring her knees. She alleges that the floor was a dangerous condition. She alleges that a security guard and/or police officer looked at the floor and said it was slippery, although the undisputed evidence shows that the responde...
2019.8.1 Motion for Preliminary Approval of Class Action Settlement 473
Location: Sacramento
Judge: Brown, David I
Hearing Date: 2019.8.1
Excerpt: ...�). The proposed settlement will dispose of this wage and hour class action, Haggins v. Kelly Services, Inc., et al. (Case No. 34‐2017‐ 00220473), which was filed on October 11, 2017. In reviewing a request for preliminary approval of a class action settlement, the Court's task is to determine whether the proposed settlement is within the “range of reasonableness” that would warrant sending out a notice of the settlement and giving the cl...
2019.8.1 Motion for Judgment on the Pleadings 737
Location: Sacramento
Judge: Brown, David I
Hearing Date: 2019.8.1
Excerpt: ...the Court granted Plaintiff's unopposed motion to have its requests for admissions deemed admitted. 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 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, subd. (c) (1)(A).)...
2019.7.9 Motion to Strike Answer 711
Location: Sacramento
Judge: Brown, David I
Hearing Date: 2019.7.9
Excerpt: ...directed to the previous comprehensive ruling of the Court. Defendant was provided notice of this ruling by plaintiff but has failed to file any documentation curing the standing defect. Plaintiff's Request for Judicial Notice is granted. This action arises out of a dispute with defendant who performed roofing services for plaintiff. On April 11, 2019, Feliciano Ozuna‐FX's CEO‐filed an unsigned answer on FX's behalf "in pro pe...
2019.7.9 Motion to Dismiss for Delay in Prosecution 097
Location: Sacramento
Judge: Brown, David I
Hearing Date: 2019.7.9
Excerpt: ...ivision, an action is commenced at the time the complaint is filed. Code Civ Proc § 583.210(a). This action was filed on March 23, 2016. Plaintiffs failed to timely serve the named defendants or any Doe defendants within three years after the complaint was filed (by March 25, 2019) or to return proof of service within 60 days thereafter (May 24, 2019.) Dismissal for failure to comply is mandatory: (a) "If service is not made in an action wit...
2019.7.9 Motion for Preliminary Injunction 463
Location: Sacramento
Judge: Brown, David I
Hearing Date: 2019.7.9
Excerpt: ...s filed and served on June 11, 2019 as the motion for preliminary injunction, as no separate "motion" was filed on June 11, 2019. The Institute of Scrap Recycling Industries is a trade association representing approximately 100 Scrap Recyclers in California, and an additional 1,100 for‐profit companies nationwide. Plaintiff is the West Coast Chapter of the ISRI (referred to herein as "ISRI"). ISRI seeks a preliminary injunction ...

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