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Location: Sacramento x
Judge: Krueger, Christopher E x
2019.4.9 Demurrer 400
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2019.4.9
Excerpt: ...t is permitted on law and motion matters. *** Defendant California Department of Corrections and Rehabilitation's (“CDCR”) demurrer to plaintiff in pro per's Second Amended Complaint (“2AC”) is SUSTAINED with leave to amend, as follows. Plaintiff in pro per failed to comply with CRC Rule 2.111(3). Factual Background This action arises from plaintiff's employment with CDCR, where he had worked for over 23 years before retiring on 3/1/20018...
2019.4.9 Motion for Summary Judgment, Adjudication 660
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2019.4.9
Excerpt: ...wsuit in March 2017. Throughout the litigation, Shacklefoot's sole cause of action has been one for motor vehicle negligence. Among the defendants are One Call Medical, Inc. (NJ) dba One Call Care Management, and Zonecare USA of Delray, LLC (FL) dba One Call Care Transport + Translate (collectively “One Call”) (sued as One Call Care Management, One Call Medical, Inc. and Coral Acquisitions, Inc.). Shacklefoot alleges that “One Call provides...
2018.10.23 Demurrer 450
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2018.10.23
Excerpt: ...d advise counsel of Local Rule 1.06 and the Court's tentative ruling procedure. If Walgreens' counsel is unable to contact opposing counsel prior to the hearing, Walgreens' counsel shall be available at the hearing, in person or by telephone, in the event opposing counsel appears without following the procedures set forth in Local Rule 1.06(B). Request for Judicial Notice Walgreens' request for judicial notice is granted as to Exhibits 2‐ 5, an...
2018.10.23 Demurrer, Motion to Strike 794
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2018.10.23
Excerpt: ...icial notice of Exhibits 1, 4 and 5 is GRANTED. The balance of the request for judicial notice is DENIED. The court will not take judicial notice of the price lists in Exhibits 2 and 3 because Plaintiff Rosalinda Delacruz (Delacruz) alleges she never received such lists. (FAC, ¶ 32.) Exhibit 6 is irrelevant. Overview This is a putative class action. Delacruz is the only named plaintiff. According to Delacruz, Defendants misled her into funding a...
2018.10.22 Motion for Preliminary Injunction 320
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2018.10.22
Excerpt: ...ith either the summons & complaint or the moving papers, thereby depriving the court of jurisdiction to grant plaintiff any relief as to them. As to BLS only, this matter was continued to permit plaintiff to file and serve a supplemental reply in light of BLS' tardy filing of its request for judicial notice in support of its opposition. Having received plaintiff's supplemental reply, the court now issues the following tentative ruling. *** If ora...
2018.10.19 Motion to Stay Proceedings 666
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2018.10.19
Excerpt: ...arly has Plaintiff and other non‐ exempt employees at its fulfillment centers work over 10 hours, without providing or compensating for a second meal break or third rest break, as required by California law. Plaintiff further alleges that Defendant failed to pay all wages owed in each pay period, and that in violation of Labor Code § 226(a), Defendant issued false and inaccurate wage statements which fail to account for all Plaintiff and other...
2018.10.19 Motion to File Complaint 974
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2018.10.19
Excerpt: ...m Saleem (together, “Plaintiffs”) filed their Complaint on April 27, 2018, alleging that the four‐vehicle collision and their resulting injuries were caused by Mr. McKinley's unsafe lane change. They further named Mr. McKinley's employer, AT&T Corp., as a defendant. On June 18, 2018, Defendants answered the Complaint. On August 9, 2018, Defendants filed a Notice of Change in Handling Attorney, notifying the Court and parties that a differen...
2018.10.19 Motion to Dismiss 048
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2018.10.19
Excerpt: ...or in interest to Evelyn Gurion (Decedent) (together, “Plaintiffs”) filed this action on September 9, 2015. Moving Defendants assert that they have been properly served with the Summons and Complaint since the case's inception. However, they state that Plaintiffs have never properly served the Individual Defendants and there is no stipulation to extend time for service. (Patterson Decl. ¶¶3‐4.) As it has now been three years since the cas...
2018.10.19 Demurrer 048
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2018.10.19
Excerpt: ...overt Gurion, as individual and successors in interest to Decedent's (together, “Plaintiffs”) request for judicial notice of Exhibits A, B, and C is granted. (See, Kaufman & Broad Communities, Inc. v. Performance Plastering, Inc. (2005) 133 Cal. App. 4th 26, 32.) Plaintiffs' request for judicial notice of Exhibit D, the California State Auditor's report on Skilled Nursing Facilities, is denied. This is an elder abuse action arising from the c...
2018.10.18 Motion to Compel Production of Docs 984
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2018.10.18
Excerpt: ...ientation and national origin. Echevarria is the former employee, and RCRC is the former employer. RCRC is defending in part on the theory that it terminated Echevarria for legitimate, non‐discriminatory reasons related to Echevarria's job performance. To obtain emails and other documents relevant to this theory of defense, Echevarria propounded his second set of document requests. RCRC did not timely respond, and on 6/26/18, this court granted...
2018.10.18 Motion to Strike Affidavit of Identity, to Quash and Vacate 716
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2018.10.18
Excerpt: ... follows the Labor Commissioner's Order, Decision and Award in favor of employee Cheryl Harrington (Harrington). On 4/11/16, the Commissioner awarded Harrington approximately $50,000 from her former employer, Defendant and CoJudgment Debtor 2600 Bravado Dr. LLC, (“the LLC”) in unpaid minimum wages, penalties and other amounts. (The LLC had employed Harrington as a property manager.) Pursuant to Labor Code § 98.2(e), this administrative award...
2018.10.18 Motion to Strike Doe Amendment 846
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2018.10.18
Excerpt: ...lings. This is a construction defect case. The plaintiffs are multiple homeowners (Plaintiffs). Plaintiffs filed this action in May 2017. A special master was appointed, and considerable discovery has been completed. On 7/11/18, Plaintiffs filed Doe Amendment No. 1, thereby naming eight subcontractors as defendants. No trial date has been set. In addition, the special master has stepped down and a motion to appoint a substitute is pending. Morris...
2018.10.18 Demurrer 714
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2018.10.18
Excerpt: ... alleges that Macy's placed two clothing racks next to one another and displayed a "40% off" sign on one of the racks such that a reasonable consumer would have believed the merchandise on both racks was on sale. Instead, when he purchased shorts on the rack furthest from the on‐sale sign, he learned that he would have to pay the full price, which he paid. He alleges that other shoppers were similarly misled. With respect to his resulti...
2018.10.17 Motion for Summary Judgment, Adjudication 800
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2018.10.17
Excerpt: ...sed at the hearing. The parties should be prepared to point to specific admissible evidence which is claimed to show the existence or non‐existence of a triable issue of material fact. *** Defendants State Farm General Insurance Company (“SF General”), State Farm Mutual Automobile Insurance Company (“SF Mutual Auto”), State Farm Fire and Casualty Company (“SF Fire”), Teresa L. Moon (“Moon”), Estate of Paula Foster (“Foster Est...
2018.10.17 Motion for Stay of Action 658
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2018.10.17
Excerpt: ...he 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. Moving counsel failed to comply with CRC Rule 3.1110(b)(3)‐(4) Factual Background This is a legal malpractice action. Plaintiff alleges she retained defendant attorneys to file and prosecute an action against her employer but despite filing the action in 2015, it ...
2018.10.17 Motion for Entry of Judgment 967
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2018.10.17
Excerpt: ...ocedural Background Plaintiffs filed this breach‐of‐guaranty case in 2010. Defendants are the guarantors. The parties entered into a written settlement agreement (Settlement) in March 2012. Under the Settlement, each Defendant is required to pay a maximum of $1,000,000 over a period not to exceed 10 years from the time his first payment is made (subject to an exception not relevant here). (See Derickson Decl., Exh. A, ¶ 4(f).) Each Defendant...
2018.10.17 Demurrer 402
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2018.10.17
Excerpt: ...d motion matters. *** Defendants Samuel Merritt University (“SMU”), Sutter Bay Hospital (“SBH”), Sutter Health (“Sutter”) and Isaac Bristow's (“Bristow”) (collectively “Defendants”) demurrer to the Second Amended Complaint (“2AC”) is SUSTAINED IN PART and OVERRULED IN PART, with leave to amend except as to the 14th cause of action against Bristow. The notice of demurrer does not provide notice of the court's tentative ruli...
2018.10.10 Motion to Compel Further Responses 160
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2018.10.10
Excerpt: ...ively sometimes “the Individual Defendants”) to serve further responses to the first sets of requests for admissions and form interrogatories is GRANTED in part and DENIED in part. The Individual Defendants' request for judicial notice of court documents is GRANTED. Procedural Background In the complaint, Dinelli alleges that he, Timms and Baccala each own shares in CoDefendant California Academy of Baseball, Inc. (CAB). Dinelli further alleg...
2018.10.10 Motion to Dismiss for Failure to Prosecute 800
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2018.10.10
Excerpt: ...rm Mutual Automobile Insurance Company (State Farm Mutual), State Farm Fire and Casualty Company (State Farm Fire), Teresa L. Moon (Moon), Estate of Paula Foster (Estate), and Teresa L. Moon as Executor of the Paula C. Foster Revocable Trust (Moon as Executor) (collectively “Defendants”) to dismiss the action for failure to prosecute is GRANTED in part and DENIED in part. The parties' requests for judicial notice of court documents are GRANTE...
2018.10.10 Motion for Determination of Good Faith Settlement 170
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2018.10.10
Excerpt: ...em (collectively “Plaintiffs”). APM was the landlord's property manager. CoDefendant Ding Zhang (Zhang) was the landlord. In the operative fourth amended complaint (4AC), Plaintiffs allege that they occupied the premises with a Section 8 HUD voucher. They allege a toxic mold infestation as well as other violations of housing laws, and they further allege that there were no timely attempts to repair despite their initial complaints. When repai...
2018.10.2 Demurrer 164
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2018.10.2
Excerpt: ...Detres"), separated, Detres executed a quit claim deed transferring all rights and interest in the property. The judgment of divorce was entered in March 2013, giving the property to Plaintiff. However, in November 2015, Detres and other individual defendants, coerced Plaintiff into signing a stipulation to sell the property. In July 2017, Detres obtained an order from family court directing the sale of the property. The individual buyer defe...
2018.10.2 Demurrer 650
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2018.10.2
Excerpt: ...atters. *** Defendant East Eagle, LLC's ("East Eagle") demurrer to Plaintiffs Ezatullah Gulam (“Eza”) and Zinatulla Gelaman's (“Zin”)(collectively “Plaintiffs”) Third Amended Complaint (“TAC”) is ruled upon as follows. Overview This case arises from a joint investment in a grocery store and restaurant. Plaintiffs allege that in early 2015 they were approached by co‐defendant Mohamad Aalemkhiel's (“Mohamad”) to pa...
2018.10.2 Motion to Compel Arbitration 796
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2018.10.2
Excerpt: ...udicial 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.) 1. Overview In this action, Plaintiff Mountain F. Enterprises, Inc. (“Plaintiff”) alleges that AUI provided it with a proposal for workers' compensation coverage through the E...
2018.10.1 Motion to Compel Compliance 272
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2018.10.1
Excerpt: ... physical and psychological injuries. On August 7, 2018, the Court granted Defendant's Motion to Compel a psychiatric examination of Plaintiff. Defendant's Notice of Motion stated that Defendant was moving under section 2032.010(a) “to have the Plaintiff evaluated by psychiatrist Dr. John Greene.” (Kilduff Decl. Ex. 4) Citing to CCP § 2032.310(b), the Notice further identified the following specific conditions for the examination: • Date/T...
2018.10.1 Demurrer 996
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2018.10.1
Excerpt: ...Owen, Special Administrator of the Estate of Mark Whisler, is OVERRULED. The court refers to Robert Winger, now deceased, as well as the personal representative of his estate, as “Robert.” Likewise, the court refers to deceased Plaintiff and Cross‐Defendant Mark Whisler dba Whisler Land Company, as well as the Special Administrator of Mr. Whisler's Estate, as “Whisler.” The parties' requests for judicial notice of court documents an...

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