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1709 Results

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Location: Sacramento x
Judge: Krueger, Christopher E x
2021.12.08 Petition to Compel Arbitration 042
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.12.08
Excerpt: ...follows. The notice of motion does not provide notice of the Court's tentative ruling system, as required 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 by Zoom or by telephone. F...
2021.12.08 Motion to Compel Production of Docs 992
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.12.08
Excerpt: ...oral argument is permitted on law and motion matters. *** Overview This action arises out of an alleged business venture relating to the cultivation of cannabis in Mendocino County, California. Disputes among the involved parties have arisen and in his complaint, plaintiff asserts causes of action against various defendants for Fraud, Conversion, Breach of Contract, Breach of Fiduciary Duty, Common Counts, Declaratory Relief, Accounting and viola...
2021.12.08 Motion to Compel Deposition 592
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.12.08
Excerpt: ...on 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. *** CSAA's counsel failed to comply with CRC Rule 3.1110(b)(3)‐(4). Factual Background This is an insurance bad faith action that was commenced in October 2018. Plaintiff alleges that she is severely hearing impaired and her primary means of communication with others is American Sig...
2021.12.08 Motion for Summary Judgment 138
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.12.08
Excerpt: ...iring a party opposing summary judgment to file a “Separate Statement” in a particular two‐column format specified in Rule 3.1350(h); state whether that each material fact is “disputed” or “undisputed,” and for each fact claimed to be disputed, state the nature of the dispute and provide a citation to evidence by reference to the exhibit, title, page, and line numbers. Defendants' “Objection to Motion for Summary Judgment” fails...
2021.12.08 OSC Re Non-Compliance with Subpoena 798
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.12.08
Excerpt: ...d Moving Papers. Petitioner Department is part of California's Environmental Protection Agency and is authorized to enforce portions of California Food and Agricultural Code (“F&A Code”) as well as to conduct administrative investigations pertaining thereto. Pursuant to this authority Department issued an investigative subpoena to HNL in order to ascertain whether the latter is manufacturing and/or distributing an unregistered pesticide under...
2021.12.07 Motion for Preliminary Approval of Class Action Settlement 122
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.12.07
Excerpt: ...rst Amended Complaint. On October 30, 2020, Plaintiffs filed a Second Amended Complaint that alleges (1) failure to pay overtime wages, (2) minimum wage violations, (3) meal period violations, (4) wage statement violations, (5) waiting time penalties, (6) unfair competition, and (7) PAGA penalties. Defendant Liqui‐ Box Corporation denies the allegations, but the parties were able to reach a compromise. The parties first attempted to settle this...
2021.12.02 Motion to Set Aside Default 438
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.12.02
Excerpt: ...0 or CRC Rule 3.1110(a). Moving counsel failed to comply with CRC Rule 2.111(3) and Rule 3.1110(b)(3)‐(4). This action was commenced in December 2020 with a complaint asserting against defendants T&CW LLC; Town and Country West, GP; and Janak Mehtani various claims including but not limited to breach of contract, breach of the covenant of quiet enjoyment, conversion and fraud. Despite being served with the summons & complaint in January 2021, T...
2021.12.02 Motion to Compel Further Responses 284
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.12.02
Excerpt: ...on law and motion matters. *** Plaintiff Sigifredo Perez, Jr.'s (“Plaintiff”) motion to compel Defendant Sierra Mountain Express, Inc.'s (“Defendant”) further responses to request for production of documents (set one) is ruled upon as follows. This is a putative class action and representative action pursuant to the Private Attorneys General Act of 2004, Cal. Lab. Code. § 2698 for various Labor violations. Plaintiff's proposed Class cons...
2021.12.02 Motion for Summary Judgment 312
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.12.02
Excerpt: ...to point to specific evidence which is claimed to show the existence or non‐existence of a triable issue of material fact. *** Defendant City of Sacramento's (“City”) motion for summary judgment is ruled upon as follows. Overview This is a personal injury action. Plaintiff Paul Moore (“Plaintiff”) alleges that on 7/6/2017 he was walking along the sidewalk of Bruceville Road when he tripped and fell over a collapsed manhole and/or sidewa...
2021.12.01 Motion for Judgment on the Pleadings 148
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.12.01
Excerpt: .... The hearing date shall automatically be continued one week plus one court day for oral argument. The continuance date will always be an appearance required hearing so that Plaintiff need not request oral argument. The Litigation Coordinator shall make Plaintiff available, by Zoom telephonically, at 9:00 a.m. on the date of the continued hearing date, which will be THURSDAY, DECEMBER 9, 2021, to participate in oral argument. To appear on Zoom te...
2021.12.01 Motion for Class Certification 616
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.12.01
Excerpt: ...displaying their name and address with return address information that contained the phrase “Prenatal Screening Program.” Plaintiff alleges Defendant disclosed in a common manner Plaintiff's and class members' sensitive and private personal medical information regarding their pregnancy. Specifically, Plaintiff alleges that on or about November 29, 2018, she was pregnant with her first child and underwent a prenatal screening exam that was han...
2021.12.01 Motion for Preliminary Injunction 716
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.12.01
Excerpt: ...intiffs Prestige Legacy, LLC (“Prestige”) and Cecila Gines' (“Ms. Gines”) (collectively, “Plaintiffs”) motion for preliminary injunction is DENIED. Factual and Procedural Background This is a nonjudicial foreclosure case that was filed on August 25, 2021. Prestige is the owner of real property located at 4625 Parker Avenue, Sacramento, CA 95820 (the “Property”). Ms. Gines is the sole member of Prestige. Ms. Gines contends the Prop...
2021.12.01 Motion for Summary Judgment, Adjudication 290
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.12.01
Excerpt: ..., “Plaintiffs”) filed a Notice of Non‐Opposition to this motion stating they do not oppose Kindred's motion for summary judgment. Kindred's request for judicial notice of the Complaint in this action and death certificate pertaining to Nhia Vang is granted. Plaintiffs filed this action on January 12, 2021, against Sutter Valley Hospitals dba Sutter Medical Center, Sacramento (“Sutter”) and Kindred. The Complaint alleges a cause of actio...
2021.11.30 Motion to Set Aside Default 438
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.11.30
Excerpt: ...asserting against defendants T&CW LLC; Town and Country West, GP; and Janak Mehtani various claims including but not limited to breach of contract, breach of the covenant of quiet enjoyment, conversion and fraud. Despite being served with the summons & complaint in January 2021, T&CW LLC chose not to respond to the complaint because it ‘understood it was being sued erroneously.' T&CW LLC's default was entered on 6/10/2021. Moving Papers. On 10/...
2021.11.30 Motion for Summary Judgment, Adjudication 212
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.11.30
Excerpt: ...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 notice of motion also does not comply with Code of Civil Procedure §1010 or CRC Rule 3.1110(a). Defendant Davis' “Response” to the present motion does not comply with CRC Rule 3.1110(b)(1), which requires the date, time and dep...
2021.11.30 Motion for Sanctions, to Compel Further Responses 738
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.11.30
Excerpt: ...o 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, along with the correct address for Dept. 53/54. 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. Overview This action arises out of plaintiff's purchase of a used vehicle from defendant in July 2020. Plai...
2021.11.24 Motion to Set Aside Default, Judgment 646
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.11.24
Excerpt: ...§§ 473(b), 473.5, and 473(d). Defendant also seeks to quash service of summons. Plaintiff opposes this motion as untimely and argues Defendant was properly served. CCP § 473(b) Defendant seeks to set aside the default and default judgment pursuant to CCP § 473 (b) “based on inadvertence, surprise, or excusable neglect.” (MPA 3:9‐11.) Defendant does not elaborate what inadvertence, surprise, or excusable neglect supports his motion but r...
2021.11.24 Demurrer 152
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.11.24
Excerpt: ...rs until his involuntary termination on or about November 20, 2020. (Complaint ¶ 17.) Plaintiff's last position was Team Lead and Plaintiff was 55‐years old at the time of termination. (Complaint ¶ 17.) On or about February 22, 2019, Plaintiff suffered a workplace injury resulting in a disabling hernia condition that required modified duty for Plaintiff. (Complaint ¶ 18.) While on modified duty, Plaintiff's supervisor, Ryan Smith, forced Pla...
2021.11.23 Motion to Stay All Proceedings 210
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.11.23
Excerpt: ...nt to CCP §425.16. (ROA 152, 8/4/2021 Order.) In denying the antiSLAPP motion, this Court found that Parker failed to satisfy his threshold burden to show that Plaintiffs Freidberg Law Corporation and Freidberg & Parker, LLP's (collectively “Freidberg”) Third Amended Complaint arose from protected activity. In so ruling, this Court concluded that Parker had not established that O&C Creditors Group, LLC v. Stephens & Stephens XII, LLC (2019) ...
2021.11.23 Motion to Compel IME 874
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.11.23
Excerpt: ...ar degeneration and began receiving injections in his eyes. He alleges that dismissed defendant California Pharmacy and Compounding Center, Inc. (“CPCC”) compounded the injected drug‐‐Bevacizumab‐‐and sold it to Defendant, which administered the injections. Bevacizumab is an "off label use of Avastin." According to Defendant, he received an injection from a syringe that CPCC supplied and that was contaminated with silicone. The contam...
2021.11.23 Demurrer, Motion to Strike 238
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.11.23
Excerpt: ...dant Board of Trustees of the California State University's (“Board”) demurrer to Plaintiff Angela Sutherland's third amended complaint (“TAC”) is ruled upon as follows. Overview This is a FEHA disability, gender, age discrimination, harassment, retaliation, and failure to accommodate action. Plaintiff also asserts associational disability discrimination, harassment and retaliation due to her daughter's and sister's age, gender and disabi...
2021.11.18 Motion to Enforce Receivership 310
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.11.18
Excerpt: ... not the same as the caption on the original complaint. Plaintiffs' counsel is advised that the caption on the original complaint is the caption which should appear on all subsequent pleadings and this caption ordinarily does not change even with the subsequent addition or dismissal of parties. In addition, it appears that plaintiffs have over the course of this litigation added a number of new defendants but have not utilized the Doe amendment p...
2021.11.18 Motion for Preliminary Injunction 494
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.11.18
Excerpt: ... Bank and gave a Deed of Trust (“DOT”) as security for payment of the loan. In 2014 plaintiffs obtained a modification of their loan, which modification included a variable interest rate that would adjust annually in August of 2019 through 2023 with the first adjusted payment being due on September 1 of each of those years. In 2018 the loan was assigned to US Bank and in 2019 Mr. Singleton filed for Chapter 13 bankruptcy protection. While the...
2021.11.18 Demurrer 646
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.11.18
Excerpt: ...local rules, only limited oral argument is permitted on law and motion matters. *** Factual Background In this putative class action plaintiff alleges that defendant City supplied and distributed “aggressive, corrosive, and substandard water” which caused properties plumbed with copper piping to experience “pinhole leaks” beginning in July 2020. The 1AC purports to assert five causes of action against City for negligence, nuisance, breach...
2021.11.17 Motion for Preliminary Injunction 716
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.11.17
Excerpt: ...ue, Sacramento, CA 95820 (the “Property”). Ms. Gines is the sole member of Prestige. Ms. Gines contends the Property is her principal residence and home. According to Defendants (defined below), the Property is a commercial investment property. On or about October 16, 2018, defendant PS Funding, Inc. (“PS Funding”) and Ms. Gines entered into a Loan Agreement, whereby PS Funding agreed to Loan, and Ms. Gines agreed to borrow, certain sums ...

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