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1999 Results

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Location: Sacramento x
Judge: Krueger, Christopher E x
2022.06.29 Motion to Compel Arbitration and Stay Civil Action 342
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.06.29
Excerpt: ... Center of Sacramento and Windsor Haysac Holdings, LLC's (collectively "Defendants") motion to compel arbitration and stay action is DENIED. The Court did not consider Plaintiffs' opposition which was filed on June 20, 2022 and did not include a proof of service. Nonetheless, the Court concludes that the motion should be denied even if unopposed. This is an elder abuse, negligence, wrongful death and Violation of Patient Rights action brought by ...
2022.06.28 Motion for Leave to File Complaint 388
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.06.28
Excerpt: ...Background In this action, Citizens Insurance Company of America (“Citizens”) seeks declaratory relief as to Defendants' alleged duties to defend and indemnify Citizens' direct insured, David Alley, and damages and reimbursement from Defendants based on equitable subrogation, equitable indemnity, and equitable contribution arising out of the lawsuit titled Hacienda Del Rio, Inc. v. David Alley, individually and in his capacity as Trustee of t...
2022.06.28 Motion to Compel Further Responses 152
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.06.28
Excerpt: ...ent insurance application issued by the State of California, Employment Development Department (“EDD”) and the eligibility requirements set forth on the EDD's website is DENIED. The documents are not “facts and propositions that are not reasonably subject to dispute and are capable of immediate and accurate determination by resort to sources of reasonably indisputable accuracy.” “Simply because information is on the Internet does not me...
2022.06.28 Motion for Preliminary Approval of Class Action Settlement 162
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.06.28
Excerpt: ...t BP Fund A, LLC ("BP Fund A"). The Complaint alleged (1) failure to furnish accurate itemized wage statements, and (2) entitlement to penalties under the Private Attorneys General Act ("PAGA"). On or about January 8, 2021, Peterson filed a First Amended Complaint which added Plaintiff Willie Sumpter, Jr. and defendant Blaze Pizza Operation, LLC, and removed Plaintiff Peterson as a Class Representative. (ROA 16.) Defendant Blaze Pizza Operation, ...
2022.06.23 Motion to Set Aside Default Judgment 742
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.06.23
Excerpt: ...fault judgment is void on its face. Defendant cites, inter alia, Code of Civil Procedure section 473(d) as a basis for the Court setting aside the default and default judgment. Specifically, Defendant contends that he was served with a series of documents by Plaintiff Theodore White (“Plaintiff”) on or around March 28, 2018. Plaintiff contends in opposition the documents served on Defendant included the Second Amended Complaint [“SAC”], a...
2022.06.23 Motion to Quash Service of Summons 456
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.06.23
Excerpt: ...e back seat passengers in the subject vehicle when it left the roadway and rolled over, killing Ms. Wood and injuring her son. Phoenix Kaplow filed the action individually and as Ms. Wood's Successor in Interest, by and through his Guardian ad litem, Trina Kaplow (“Plaintiff”). Plaintiff alleges that at the time of the accident, cross‐ defendant Jennifer Corrine Domingo (“Domingo”) was driving the subject vehicle, which was owned by cro...
2022.06.23 Motion to Compel Signing of Medical Authorizations 226
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.06.23
Excerpt: ...Defendant] to obtain relevant medical records, that the information sought is relevant to the subject matter involved in the pending action or is reasonably calculated to lead to the discovery of admissible evidence and is not privileged, and that the refusal or failure or both was without substantial justification.” (Notice at 2.) I. Overview This action arises from a motor vehicle accident that occurred on December 3, 2017, in Sacramento, Cal...
2022.06.23 Motion to Compel Deposition 504
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.06.23
Excerpt: ...5657. Plaintiffs allege that in September 2017, decedent Christine Patton was a resident of Defendant Caroline Kang, LLC, dba Laguna Woods, RCFE (“Defendant” or “Laguna Woods”) when defendant/Laguna Woods employee Mee Lai Fong (“Fong”) attacked Ms. Patton with a metal cane, ultimately leading to Ms. Patton's death. Friedlander was an employee at Laguna Woods during the relevant time period. Plaintiffs alleges Friedlander was present w...
2022.06.23 Motion for Summary Judgment 214
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.06.23
Excerpt: ...be prepared to point to specific evidence which is claimed to show the existence or non‐existence of a triable issue of material fact. *** Defendant Sydney Leung's (erroneously sued herein as Sidney Leung) ("Defendant") motion for summary judgment against Plaintiff Kyleigh Juarez (“Plaintiff”) is DENIED as follows. I. Overview This case arises out of a motor vehicle accident that occurred on June 16, 2018. (Complaint ¶¶ 6‐8, 10.) Plaint...
2022.06.23 Demurrer 422
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.06.23
Excerpt: ...e a tort claim with the Sacramento County District Attorney's Office before filing suit. (Notice at 2.) As the Court finds Defendant's demurrer is sustained on this ground, the Court does not rule on the other grounds set forth in Defendant's notice of demurrer and demurrer. I. Overview Plaintiff filed his Judicial Council Complaint against Defendant on December 9, 2021, alleging two causes of action against Defendant for (1) general negligence; ...
2022.06.22 Motion to Amended Operative Complaint 842
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.06.22
Excerpt: ... by California Rule of Court 3.1308 and Local Rule 1.06(D). Plaintiff's counsel is directed to contact opposing counsel forthwith to advise counsel of Department 54's correct address and the tentative ruling procedure. If Plaintiff's counsel is unable to contact opposing counsel prior to the hearing, Plaintiff's counsel shall be available at the hearing, by CourtCall or Zoom as stated in the introductory NOTICE to today's Tentative Rulings, in th...
2022.06.22 Motion for Summary Judgment 144
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.06.22
Excerpt: ...ice of the tentative ruling system, the notice incorrectly states that the Court will make its tentative ruling “available by telephone and, at the option of the [C]ourt, by any other method designated by the [C]ourt”. The notice of motion does not provide notice of the Court's tentative ruling system as required by Local Rule 1.06(D). Defendant is ordered to notify responding parties immediately of the tentative ruling system availability on...
2022.06.22 Motion for Judgment on the Pleadings 474
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.06.22
Excerpt: ...nded motion. To date of the filing of the instant motion, Mr. Hagle's office had not heard back from Plaintiff regarding his meet and confer requests. (Declaration of Eric R. Hagle (“Hagle Decl.”) ¶¶ 3‐5.) Code of Civil Procedure §439(a) requires the moving party to meet‐and‐confer "in person or by telephone" with the party filing the pleading that is the subject of the motion for judgment on the pleadings. Moving counsel is advised ...
2022.06.21 Demurrer to FAC 266
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.06.21
Excerpt: ... The Court rejected the SAC because Plaintiff failed to obtain leave of court. Plaintiff filed an untimely opposition to the motion on 6/10/2022 and requests leave to add a 42 US Code §1983 cause of action. The Court did not consider Plaintiff's untimely opposition. In this action, Plaintiff alleges that on 11/15/2016, he walked into the UC Davis Medical Center emergency department complaining of heart palpitations. A male employee offered Plain...
2022.06.21 Motion for Summary Judgment, Adjudication 422
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.06.21
Excerpt: ...at: “ 17. On or about June 8, 2018, and continuing thereafter, Defendants, and each them, negligently cared for, diagnosed, and treated Plaintiff, DOMENICA MANLEY, and failed to exercise the standard of care and skill ordinarily and reasonably required of physicians, surgeons, hospitals, nurses, and other health care providers by, without limitation, negligently failing to properly perform a robotic assisted laparoscopy and provide necessary pr...
2022.06.21 Motion to Compel Arbitration and Stay Action 760
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.06.21
Excerpt: ... (“Olsten”). In August 1999, Olsten entered into a purchase agreement with Plaintiff Adecco, S.A. (“Adecco”) and Staffing Acquisition Corporation. Pursuant to an Agreement and Plan of Merger (“Merger Agreement”), Adecco agreed to purchase Olsten's staffing services and information technology services. (Complaint, ¶ 11, Ex. 1.) As part of the split‐off agreement between Adecco and Olsten, the parties executed a Separation Agreement ...
2022.06.21 Motion to Compel Binding Arbitration, to Stay 904
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.06.21
Excerpt: ...iled a Notice of Joinder to Ciminocare's Motion to Compel Arbitration. (ROA 24.) Through the Notice of Joinder, Walnut House indicated it was also a party to the Arbitration Agreement subject to Ciminocare's Motion to Compel Arbitration (Ibid. [citing to Low Decl. ¶ 2, Ex. A].) Walnut House also indicated its Joinder was based upon Ciminocare's Notice of Motion, Memorandum of Points and Authorities, and the Declaration of Donna W. Low (and Exhib...
2022.06.16 Petition to Compel Arbitration 130
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.06.16
Excerpt: ... the reply 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 [judicial notice of findings of fact does not mean that those findings of fact are true]; Steed v. Department of Consumer Affairs (2012) 204 Cal.App.4th 112, 120‐121. Plaintiff's evidentiary objections Plaintiff's objections...
2022.06.16 Motion to Compel Responses, for Relief from Waiver 238
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.06.16
Excerpt: ...motion to compel Defendant Clayco, Inc. dba Clayco Construction Company, Inc. (“Clayco”) to provide responses to her special interrogatories, set two (“SIs”) is granted. Request for Judicial Notice Plaintiff's request for judicial notice is unopposed and granted. Evidentiary Objections The Court declines to rule on Plaintiff's evidentiary objections since the subject evidence concerns Clayco's related motion for relief from waiver of obje...
2022.06.16 Motion to Compel Compliance with Investigative Subpoenas 450
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.06.16
Excerpt: ...s Court should stay this later‐filed proceeding. Having considered all of the papers submitted, including the parties' supplemental briefs, the Court issues the following tentative ruling. Petitioners People of the State of California ex rel. Rob Bonta, Attorney General's (“Petitioners”) petition for order compelling compliance with investigative subpoenas by Respondent Maysville Fellowship Medical Aid Plan dba United Refuah Healthshare (...
2022.06.16 Motion for Terminating Sanctions 978
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.06.16
Excerpt: ...ndants' counsel is directed to contact opposing counsel forthwith to advise counsel of Department 54's correct address, Local Rule 1.06, and the Court's tentative ruling procedure. If Defendants' counsel is unable to contact opposing counsel prior to the hearing, Defendants' counsel shall be available at the hearing, by Zoom as stated in the introductory NOTICE to today's Tentative Rulings, in the event opposing counsel appears without following ...
2022.06.15 Motion to Strike 048
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.06.15
Excerpt: ...ainant seeks to strike the prayer for punitive damages and attorney's fees in the FAC. In their opposition, Plaintiffs state that during their meet and confer phone call with counsel for Cross‐Complainant, Plaintiffs agreed to withdraw their request for attorney's fees. (Opp., 3.) Plaintiffs' opposition solely addresses Cross‐Complainant's motion to strike punitive damages and states that they will amend their FAC to remove the request for at...
2022.06.15 Motion for Summary Judgment, Adjudication 864
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.06.15
Excerpt: ...summary adjudication, as to Plaintiffs Jeff Linde and Satellite Avenue, Inc.'s (collectively "Plaintiffs”) nine causes of action in Plaintiffs' first amended complaint (“FAC”) is ruled on as follows. The Notice of Motion states the incorrect address for Department 54; the correct address is 813 6th Street, Sacramento, California 95814. In addition, the Notice of Motion does not provide notice of the Court's tentative ruling system, as requi...
2022.06.15 Motion for Preliminary Approval of Amended Class Action Settlement 580
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.06.15
Excerpt: ...hether the settlement agreement could be interpreted as precluding Class Members who are also PAGA Members, but who have Class Claims outside of the PAGA period, from opting out or objecting to the Settlement Agreement. Plaintiffs submitted an Amended Joint Stipulation of Class Action Settlement and Release (“Settlement Agreement” or “Settlement”) that addresses the concern. The Settlement Agreement provides no right to exclusion by PAGA ...
2022.06.15 Motion for Judgment on the Pleadings 130
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.06.15
Excerpt: ...nt”) has admitted all of the allegations in the Complaint. 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(c)(1)(A).) The Court must disregard all controverted allegation...
2022.06.15 Demurrer to SAC 414
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.06.15
Excerpt: ...ssaulted by one of Best Buy's security guards while shopping at a Best Buy store located at 1901 Arden Way, Sacramento, CA 95815. Plaintiff's original Complaint alleges several purported causes of action, which appear to include the following: (1) assault (first cause of action, count one); (2) physical abuse (Welfare & Institutions Code § 15610.63) (first cause of action, count two); (3) negligent hiring, supervision, and retention of employee ...
2022.06.14 Demurrer 902
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.06.14
Excerpt: ...ordinator on or before the date of the scheduled hearing. The litigation coordinator shall provide the tentative ruling to plaintiff Kirk Williams (“plaintiff”) within 48 hours of receiving it. 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 ...
2022.06.14 Petition to Compel Arbitration 876
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.06.14
Excerpt: ...the Union's member, Kevin Valone (“Valone”). The Union moves to compel the District to arbitrate the dispute over the discipline imposed on Valone. According to the Union, the parties disagree about the interpretation, application or enforcement of the express terms of the CBA, other express personnel policy, practice or procedure as they relate to District's decision to discipline Valone. The Union also insists that the District initially pr...
2022.06.14 Motion for Summary Judgment, Adjudication 104
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.06.14
Excerpt: ...alance of $8,629.13. The account ending in 1494 has a balance of $8,171.80. Bank's request for judicial notice is granted. Defendant opposes the motion. Defendant first argues that the action is subject to an arbitration agreement, and the matter must be stayed. The Court notes, however, that the Court rejected Defendant's motion to compel arbitration on 5/2/2022. (ROA 23.) Thus, there no pending motion to compel arbitration is in the Court's reg...
2022.06.09 Petition for Permission to File Late Tort Claim 164
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.06.09
Excerpt: ...y object to the supporting declaration provided with Plaintiff's Reply (“the Declaration of Steven Kamp”). Defendants raise issue with the exhibits attached to the Declaration of Steven Kamp and raise evidentiary objections on grounds of hearsay and improper authentication. The Court does note that it is elementary that points raised for the first time in a Reply brief are not considered. (See St. Mary v. Superior Court (2014) 223 Cal.App.4th...
2022.06.09 Motion to Strike FAC 750
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.06.09
Excerpt: ...dicial Notice of the FAC. In taking judicial notice of the FAC, the Court accepts the fact of its existence, not the truth of its contents. (See Professional Engineers v. Dep't of Transp. (1997) 15 Cal.4th 543, 590.) “There exists a mistaken notion that this means taking judicial notice of the existence of facts asserted in every document of a court file, including pleadings and affidavits. However, a court cannot take judicial notice of hearsa...
2022.06.09 Motion to File FAC 164
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.06.09
Excerpt: ...endants specifically object to the supporting declaration provided with Plaintiff's Reply (“the Declaration of Steven Kamp”). Defendants raise issue with the exhibits attached to the Declaration of Steven Kamp and raise evidentiary objections on grounds of hearsay and improper authentication. The Court does note that it is elementary that points raised for the first time in a Reply brief are not considered. (See St. Mary v. Superior Court (20...
2022.06.09 Motion to Compel Discovery Responses 118
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.06.09
Excerpt: ...ith his opposition papers. Although these documents are not required for oppositions under CRC Rule 3.1345, Plaintiff's failure to do so leaves his factual statements unsupported and unverified. Thus, the Court must disregard the factual statements included in Plaintiff's opposition. (See Smith, Smith & King v. Superior Court (1997) 60 Cal.App.4th 573, 577‐578.) This action arises out of a landlord‐tenant dispute wherein Plaintiff alleges the...
2022.06.09 Motion for Relief from Default 888
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.06.09
Excerpt: ...nia 95814. Moving counsel shall notify opposing counsel immediately of the correct address. The notice of motion does not provide notice of the Court's tentative ruling system as required by Local Rule 1.06(D). Moving counsel is ordered to notify opposing counsel immediately of the tentative ruling system and the manner to request a hearing. If moving counsel is unable to contact opposing counsel prior to hearing, moving counsel is ordered to app...
2022.06.09 Motion for Protective Order 382
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.06.09
Excerpt: ..., the Court notes that Plaintiffs have indicated the incorrect address in their notice of motion. The correct address for Department 54 of the Sacramento County Superior Court is 813 6th Street, Sacramento, California 95814. Moving counsel shall notify opposing counsel immediately of the correct address. The notice of motion does not provide notice of the Court's tentative ruling system as required by Local Rule 1.06(D). Moving counsel is ordered...
2022.06.08 Motion to Compel Responses 340
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.06.08
Excerpt: ...ts This action arises from a commercial breach of contract action filed by Plaintiff against Defendant on April 26, 2021 in this Court. On January 12, 2022, Defendant served Plaintiff via overnight delivery service, Form Interrogatories ‐ General, Set One, Special Interrogatories, Set One, Special Interrogatories, Set One, Request for Admissions, Set One, and Request for Production of Documents, Set One. Pursuant to Code of Civil Procedure sect...
2022.06.08 Motion for Summary Judgment, Adjudication 898
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.06.08
Excerpt: ...to Plaintiff for a credit card account and entered into a written credit card account agreement with plaintiff for the account number ending in 9271 (the "Account"). (UMF 1.) Defendant agreed to be bound by the terms and conditions set forth in the Cardmember Agreement when Defendant applied for, received or used the credit card account, while acknowledging that the Cardmember Agreement provides that use of the card constitutes acceptance of the ...
2022.06.07 Motion for Determination of Good Faith Settlement 310
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.06.07
Excerpt: ...wart Title of Sacramento acted as the escrow agent. (Declaration of Martin Jensen (“Jensen Decl.”) ¶ 3.) On or about January 12, 2017, Plaintiffs Mark D. Chisick, as Manager of S360 Properties, LLC, Mark D. and Denise M. Chisick, as co‐Trustees of the Chisick Family Trust, and S360 Properties, LLC (collectively “Plaintiffs”) filed a complaint in this matter naming several individual and entities, including STS Defendants. On or about J...
2022.06.07 Motion for Final Approval Hearing 486
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.06.07
Excerpt: ...ht by Plaintiffs on behalf of similarly situated individuals. The operative Second Amended Complaint alleges causes of action for: (1) failure to pay overtime wages, (2) wage statement violations, (3) waiting time penalties, (4) unfair competition, (5) failure to reimburse expenses, (6) failure to pay accrued vacation, (7) meal period violations, (8) rest period violations, (9) Private Attorney Generals Act, (10) failure to pay minimum wages, and...
2022.06.07 Motion for New Trial 584
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.06.07
Excerpt: ...e Order on Defendant Joanne Suavillo's motion for summary judgment. The Court now repeats that history once more below: This is a personal injury action in which plaintiff Nelida Castillo‐Pedron [sic] was knocked down by co‐ defendants Raymond ("Raymond") and Joanne Suavillo's dogs. Plaintiffs originally named Raymond and [Joanne Suavillo dba Wandering Boba] as defendants in the action. After [Joanne Suavillo dba Wandering Boba] filed its MSJ...
2022.06.07 Motion for Summary Judgment, Adjudication 618
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.06.07
Excerpt: ...udicial Notice are GRANTED. In taking judicial notice of these documents, however, the court does not accept the truth of the factual assertions therein. (Herrera v. Deutsche Bank Nat'l Trust Co. (2011) 196 Cal.App.4th 1366, 1375.) Hudson's late reply is considered herein. The Notice of Motion states the incorrect address for Department 54; the correct address is 813 6th Street, Sacramento, California 95814. Defendants' counsel is directed to con...
2022.06.07 Motion to Permit Withdrawal of Admissions 110
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.06.07
Excerpt: ...Defendant for employment‐related claims. (MPA, 3; Opp., 2.) Jonathan Kent of Jackson Lewis, P.C. was Defendant's attorney of record at the time and filed an answer on behalf of Defendant on September 19, 2019. (MPA, 4.) On February 1, 2021, Plaintiffs each served an initial round of discovery on Defendant including Request for Admissions, Set One (“Requests” or the “Admissions”). (Declaration of Nicole N. Wentworth ("Wentworth Decl.") ...
2022.06.02 Petition to Compel Binding Arbitration 414
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.06.02
Excerpt: ...ngs is DENIED in its entirety. In their Reply, Petitioning Defendants filed evidentiary objections to Plaintiffs' supporting declarations, the Declaration of Edward P. Dudensing and the Declaration of Terri Pappa. Petitioning Defendants object to Exhibit A (Dennis Pappa's medical records) attached to the Declaration of Edward P. Dudensing, and the subsequent references thereto. Petitioning Defendants raise objections on grounds of improper authen...
2022.06.02 Motion to Compel Signing of Release, to Compel IME 206
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.06.02
Excerpt: ...ne”) and Kaiser NorCal Medical Legal Department (“Kaiser NorCal”) (collectivley “Third Parties”) to produce records in response to subpoena is ruled upon as follows. Overview and Procedural History This action arises out of the artificial insemination of Plaintiff Patrice Grinnell (“Patrice”) by co‐defendant Dr. Herrera (“Herrera”) in 1987. (Because Plaintiffs share the same last name, the Court refers to them herein by their ...
2022.06.02 Motion to Compel Binding Arbitration 000
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.06.02
Excerpt: ...or opposing party prior to hearing, counsel for moving party shall be available at the hearing, in person or by telephone, in the event opposing party appears without following the procedures set forth in Local Rule 1.06(B). The Court notes that Defendants' Motion brief does not include a table of contents or table of authorities as required by California Rules of Court (CRC) Rule 3.1113(f). Further, Defendants' Reply brief exceeds the page limit...
2022.06.02 Motion for Sanctions 864
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.06.02
Excerpt: ...th Street, Sacramento, California 95814. Plaintiffs shall notify Defendant immediately. Defendant's Opposition was untimely filed, however the Court exercises its discretion to consider Defendant's late filed Opposition. The Court grants Plaintiffs' Request for Judicial Notice of prior pleadings, filings, and orders in this matter. In taking judicial notice of these documents, the Court accepts the fact of its existence, not the truth of its cont...
2022.06.02 Motion for Reconsideration 368
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.06.02
Excerpt: ...ion coordinator on or before the date of the scheduled hearing. The litigation coordinator shall provide the tentative ruling to Plaintiff Hendrix Moreno Montecastro within 48 hours of receiving it. The hearing date shall automatically be continued to June 2, 2022, at 9:00 a.m. in this Department for oral argument. The continuance date is an appearance required hearing so no party needs to request oral argument. The litigation coordinator shall m...
2022.06.02 Demurrer to TAC 706
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.06.02
Excerpt: ...tice of prior pleadings in this matter. In taking judicial notice of these documents, the Court accepts the fact of its existence, not the truth of its contents. (See Professional Engineers v. Dep't of Transp. (1997) 15 Cal.4th 543, 590.) “There exists a mistaken notion that this means taking judicial notice of the existence of facts asserted in every document of a court file, including pleadings and affidavits. However, a court cannot take jud...
2022.06.02 Demurrer 902
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.06.02
Excerpt: ...ams (“plaintiff”) within 48 hours of receiving it. 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 June 14, 2022, to participat...
2022.06.02 Anti-SLAPP Motion to Strike 666
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.06.02
Excerpt: ... the Jerome H. Sprague Family Revocable Trust, and Jerome H. Sprague, Trustor for the Jerome H. Sprague Family Revocable Trust, and Jerome H. Sprague Family Revocable Trust (collectively “Sprague Plaintiffs”) filed their Complaint alleging just one cause of action for fraud. (ROA 1.) In their Complaint, Sprague Plaintiffs name Defendant Kathrine Pittard (“Pittard”) and “new” Defendant Michael K. Sipes (“Sipes”), “an attorney hir...
2022.06.01 Motion for Sanctions 460
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.06.01
Excerpt: ...ants also seek an order prohibiting Plaintiff from submitting false statements to this Court or any Court in the future. Legal Standard An attorney or unrepresented party who files a pleading with the court certifies that the pleading has merit “to the best of the person's knowledge, information, and belief, formed after an inquiry reasonable under the circumstances.” (CCP § 128.7(b).) The person certifies that “[t]he allegations and other...
2022.06.01 Demurrer 054
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.06.01
Excerpt: ...e recorded land documents, the court accepts the fact of their existence, not the truth of their contents. (Herrera v. Deutsche Bank Nat'l Trust Co. (2011) 196 Cal.App.4th 1366, 1375.) Plaintiff filed the verified Complaint on December 21, 2021, alleging claims for quiet title, breach of contract, conspiracy to commit fraud, fraud, and declaratory relief. Plaintiff alleges she and her late husband, Abdul Hakim Nasir (who passed away on October 27...
2022.06.01 Motion for Approval of Class Notice 616
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.06.01
Excerpt: ...ei explained, in pertinent part: "Counsel argued that [the] statu[t]e required an estimate to be provided if the costs were to be split between the parties. There is also a need for a protective order and counsel stated it would be several weeks before the draft would be completed. The Court continued the matter to 05/25/2022 at 9:00 a.m. in this department. Plaintiff is to submit the estimate of costs of noticing the class to defendant and file ...
2022.06.01 Motions for Summary Judgment, Adjudication 206
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.06.01
Excerpt: ...ative, motion for summary adjudication is ruled upon as follows. Request for Judicial Notice The parties' respective requests for judicial notice are granted. Evidentiary Objections Pursuant to Code of Civil procedure section 437c, subdivision (q), the Court only rules on the objections to evidence deemed material to its disposition of the motion. Herrera's evidentiary objections are ruled on as follows: Objection Nos. 4, 5, and 6 are overruled. ...
2022.06.01 Motion to Compel Arbitration and Dismiss, to File Records Under Seal 064
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.06.01
Excerpt: ...ed this action on February 3, 2022, alleging claims for breach of contract, common counts, fraud, negligence, and intentional tort, arising from Plaintiff's sale of his ophthalmology business to Nvision pursuant to the parties' June 21, 2019, Asset Purchase Agreement (the “APA”). Generally, Plaintiff allege Nvision breached the APA and made fraudulent misrepresentations thereunder. Nvision moves to compel the entire matter to arbitration base...
2022.06.01 Motion to Compel Responses 542
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.06.01
Excerpt: ...serve verified further responses to each of Plaintiffs' Special Interrogatories, Set One, Numbers 10 and 12, and for sanctions is DENIED. Plaintiffs filed their Complaint on November 5, 2020, alleging claims for breach of contract, breach of the covenant of good faith and fair dealing, promissory fraud, violation of Business & Professions Code section 17200 et seq., and violation of Civil Code section 51.5. Plaintiffs allege Alta failed to pay in...
2022.06.01 Motion to Compel Further Discovery Responses 746
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.06.01
Excerpt: ...e forms of written discovery, each of which contemplates a separate motion. Instead of filing separate motions as to each separate form of discovery, which is preferred by the Court, Plaintiff filed a singular motion. The Court notes that separate motions are not required by the Code, but combining multiple forms of relief into one motion creates unnecessary complications for the Court in evaluating the [each] motion and is simply not the preferr...
2022.05.31 Motion to Strike 914
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.05.31
Excerpt: .../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 Court notes that while IRS filed a Notice of Motion to Strike on 4/25/2022, no corresponding memorandum of points & authorities or declaration was filed on or after that date. Instead, accordi...
2022.05.31 Motion to Compel Further Responses to Discovery 610
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.05.31
Excerpt: ...t Guardian Estate Investments, LLC's (“Guardian”) motion for an order compelling plaintiffs David Stewart (“Stewart”), Decision Detective Corporation (“Decision Detective”), and the D & H Stewart Family Limited Partnership (“Stewart FLP”) (collectively, “Plaintiffs”) to provide further, code‐compliant responses to Guardian's Requests for Production, Set One, and to compel compliance with Plaintiffs' stated agreement to produ...
2022.05.31 Motion for Summary Judgment, Adjudication 676
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.05.31
Excerpt: ...f moving defendants' seven (7) Undisputed Material Facts, which of plaintiff's own 14 Additional Material Facts, and/or which of the parties' written objections to evidence will be addressed 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. *** Moving counsel failed to comply with CRC Rule 3.1350(b) and (h), requiri...
2022.05.31 Motion for Summary Adjudication 594
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.05.31
Excerpt: ... not provide the correct address for Dept. 53/54. 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, 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. The notice of motion also doe...
2022.05.31 Demurrer 088
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.05.31
Excerpt: ...ically, call (833) 568‐8864 and enter the Zoom ID: 16146506749. Defendants State of California (the "State"), Governor Gavin Newsom ("Newsom"), and California Department of Corrections and Rehabilitation's ("CDCR") (collectively, "Defendants") demurrer to plaintiffs Paul Christopher ("Paul") and Carrea Christopher's ("Carrea") (collectively, "Plaintiffs") First Amended Complaint is SUSTAINED without leave to amend. Plaintiffs have filed a reque...
2022.05.31 Demurrer 028
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.05.31
Excerpt: ...nd/or causes of action discussed below 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. *** Factual Background This action arises from a business dispute relating to the production of metal sheets used a “top skins” for “optical tables” manufactured by Newport, a subsidiary of MKS. Plaintiff Hogan Mfg., Inc. (“Hogan”) commenced ...
2022.05.26 Motion to Stay Claim 082
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.05.26
Excerpt: ...n with Defendant's selection to purchase Plaintiff's membership interest is GRANTED as follows. This action arises out of plaintiff Victoria J. Straine's (“Plaintiff”) claims related to the formation and management of EVS with Defendant, her brother. Plaintiff's and Defendant's father passed away in 2012, dividing his estate equally between Plaintiff and Defendant. After the assets were divided, the estate was left with approximately $4,000,0...
2022.05.26 Motion for Judgment on the Pleadings 376
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.05.26
Excerpt: ...t James Hoblitzell IV, for the purchase of a Mini Mart. In September 2001, Defendant demanded that Plaintiffs sign a Promissory Note and Deed of Trust to secure monthly payments for the purchase. Plaintiffs allege Defendant threatened and coerced them to sign the Promissory Note and Deed of Trust. In March 2005, Defendant caused a Notice of Default to be recorded and began foreclosure proceedings. Plaintiffs initiated litigation against Defendant...
2022.05.25 Motion for Approval of Class Notice 616
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.05.25
Excerpt: ...ated it would be several weeks before the draft would be completed. The Court continued the matter to 05/25/2022 at 9:00 a.m. in this department. Plaintiff is to submit the estimate of costs of noticing the class to defendant and file the estimate with the court. Counsel shall also prepare a protective order for signature, as it needs to be in place prior to the class notice being mailed out. There will be no further briefing allowed except on th...
2022.05.25 Demurrer 132
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.05.25
Excerpt: ...tice Defendants' request for judicial notice of the Memorandum of Understanding between DGS and JRC (the “MOU”) and the California Department of General Services' Notice of Determination (“NOD”) of an environmental impact report is granted. Although the court may take judicial notice of the existence of these documents, it cannot take judicial notice of the truth of the contents of those documents or consider the parties' interpretation o...
2022.05.25 Motion to Strike Complaint, Demurrer 144
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.05.25
Excerpt: ...“[s]trike out any irrelevant, false, or improper matter inserted in any pleading” as well as “all or part of any pleading not drawn or filed in conformity with the laws of this state.” (CCP § 436, subds. (a) and (b).) Motions to strike are disfavored. Courts considering such motions must presume the allegations contained therein are true and must consider those allegations in context. (Clauson v Superior Court (1998) 67 Cal.App.4th 1253,...
2022.05.25 Motion for Reconsideration 368
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.05.25
Excerpt: ...drix Moreno Montecastro within 48 hours of receiving it. The hearing date shall automatically be continued to June 2, 2022, at 9:00 a.m. in this Department for oral argument. The continuance date is an appearance required hearing so no party needs to request oral argument. The litigation coordinator shall make Mr. Montecastro available by Zoom to participate in oral argument at 9:00 a.m. on the continued hearing date. Department 54's Zoom ID is: ...
2022.05.25 Motion for Summary Judgment 638
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.05.25
Excerpt: ...f plaintiff Gregory Ross' (“Plaintiff”) fractured neck and spinal cord injury, resulting in paralysis and mental and physical incapacity. Defendant moves for summary judgment on the ground Plaintiff cannot establish breach of the applicable standard of care and Defendant did not cause or contribute to Plaintiff's claimed injuries. In evaluating a motion for summary judgment the court engages in a three step process. First, the Court identifie...
2022.05.25 Motion for Summary Judgment, Adjudication 958
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.05.25
Excerpt: ...y 13, 2018. The operative Second Amended Complaint (“2AC”), filed on April 15, 2019, alleges the following four causes of action against FMC and other defendants: (1) negligence, (2) trespass, (3) nuisance, and (4) strict liability ‐ ultrahazardous activity. Plaintiffs allege in or around March or April of 2017, defendant Alpine Helicopter Service, Inc. (“Alpine”) aerially applied a mixture of herbicides, including Shark EW manufactured...
2022.05.24 Motion to Dismiss for Failure to Timely Serve Summons and Complaint 000
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.05.24
Excerpt: ...f a motor vehicle accident that occurred on November 16, 2016. Plaintiff Sharon Hawkins (“Plaintiff”) filed her Complaint on November 16, 2018. Defendant has not been served with the Summons and Complaint and now moves to dismiss the action under Code of Civil Procedure section 583.210, subdivision (a). That subdivision provides: "[T]he summons and complaint shall be served upon a defendant within three years after the action is commenced aga...
2022.05.24 Motion for Summary Adjudication, to Compel Return of Privileged Materials, for Disqualification of Attorney 904
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.05.24
Excerpt: ...nd opposing counsel at the time of the request which of moving defendants' 101 Undisputed Material Facts, which of opposing plaintiff's 134 Additional Material Facts, and/or which of moving defendants' 109 objections to evidence will be addressed at the hearing. The parties should be prepared to point to specific admissible evidence already in the record which is claimed to show the existence or non‐existence of a triable issue of material fact...
2022.05.24 Demurrer 930
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.05.24
Excerpt: ... 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. *** Neither the White Declaration in opposition nor the Zhang Declaration in reply was not considered because such “extrinsic evidence” is beyond the limited scope of what this Court may properly consider in connection with this demurrer: Those facts properly alleged in the challeng...
2022.05.19 Demurrer to FAC 088
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.05.19
Excerpt: ...ng to PAUL CHRISTOPHER within 48 hours of receiving it. 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 PAUL CHRISTOPHER need not request oral argument. The Litigation Coordinator shall make PAUL CHRISTOPHER available, by Zoom telephonically, at 9:00 a.m. on the date of the continued hearing date, which will be May 31, 2022,...
2022.05.18 Demurrer 698
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.05.18
Excerpt: ...endant In Self Storage 16, LLC dba In RC Storage South Sacramento's (“RC Storage”) demurrer to Cross‐Complainant Steven M. Vanderlick, dba Mach One Towing's (“Mach One”) Cross‐Complaint is ruled upon as follows. Overview In this action, pro per plaintiff Willis (“Willis”) alleges that he stored his 2004 Fleet Camper (“Camper”) at RC Storage's facility. Willis alleges that despite being current on his monthly payments, RC Stora...
2022.05.18 Motion for Imposition of Issue and Evidentiary Sanctions 882
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.05.18
Excerpt: ...e of discovery in this case, Ms. Bennett has repeatedly sought to depose Mr. Magby, starting in October 2021, when Ms. Bennett served Mr. Magby with a Notice of Deposition, designating a deposition date of November 8, 2021. On the day of deposition, Mr. Magby's counsel stated that he was unaware of the deposition and that Mr. Magby would not appear. Ms. Bennett promptly served a First Amended Notice of Deposition, setting a new deposition date of...
2022.05.18 Motion for Terminating Sanctions 702
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.05.18
Excerpt: ... enter the Zoom ID: 16146506749. Plaintiff TBF Financial I, LLC's (“Plaintiff”) motion for terminating sanctions against defendant in pro per Arnold Butler aka Arnold Devonne Butler aka Arnold Devonnea Butler (“Butler”) is UNOPPOSED and GRANTED as follows. On September 30, 2021, this Court granted Plaintiff's unopposed motion to compel responses to discovery requests and to deem matters admitted. The Court ordered Defendant to serve verif...
2022.05.18 Motion for Summary Judgment, Adjudication 208
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.05.18
Excerpt: ...TS Plaintiff presents the following facts in its separate statement: Defendant Benny Penrose applied to Plaintiff for a credit card account and entered into a written credit card account agreement with plaintiff for the account number ending in 6518 (the "Account"). (UMF 1, 10.) Defendant agreed to be bound by the terms and conditions set forth in the Cardmember Agreement when the defendant applied for, received or used the credit card account, w...
2022.05.18 Motion to File Amended Complaint 564
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.05.18
Excerpt: ...rs. Plaintiff alleges that Marshall transferred interest of the real and personal property to her. Relying on Defendant's alleged representations, Plaintiff undertook modifications and improvements to the property with Defendant's knowledge. Thereafter, Defendant and co‐owner Kim Gavin Marshall demanded Plaintiff and her daughters vacate the property and instituted an unlawful detainer action. Plaintiff filed this action on January 6, 2022, all...
2022.05.18 Motion to Strike (SLAPP) 500
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.05.18
Excerpt: ...amilybased dispute between Plaintiffs Muhammad Younas Malid and Nazia Jabeen Iqbal and Ms. Iqbal's siblings, Shazia Jabeen, Moshan Iqbal, and Ashan Iqbal. The disputes between the siblings regarding their father, Zafar Iqbal, and his care and property have been ongoing for over six years in both this Court and the Yolo County Superior Court. In 2019, Defendants represented Shazia Jabeen in an already‐filed Petitioner for Conservatorship over th...
2022.05.17 Motion to Vacate Dismissal and Enter Judgment 596
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.05.17
Excerpt: ...t or orally before the court, for settlement 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 st...
2022.05.17 Motion to Strike (SLAPP) 676
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.05.17
Excerpt: ...tire Complaint or, in the alternative, striking certain portions is GRANTED in part and DENIED in part as follows. Defendants' request for judicial notice is granted. Plaintiff filed a Complaint against Defendants on December 15, 2021, alleging a single cause of action for retaliation in violation of California Health & Safety Code section 1278.5, which protects healthcare workers and medical staff from retaliation for reporting unsafe patient ca...
2022.05.17 Motion to Enforce Settlement Agreement, to Compel Compliance with Settlement 194
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.05.17
Excerpt: ...rts, before” the Court rules on defendants Jennifer Kelly, Veronica Crudo, Matthew Crudo And Melissa Jimenez's (collectively “Defendants”) motion to compel Plaintiff Trap LLC's compliance with settlement agreement, which is being concurrently heard. Plaintiff states that “[i]t is expected that Plaintiff can not [sic] object to any offer of $240,000 or higher despite his ability to bid on the property. Because there was no ongoing business...
2022.05.17 Motion to Compel Compliance with Investigative Subpoenas 450
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.05.17
Excerpt: ...unsel of Local Rule 1.06 and the Court's tentative ruling procedure. If Petitioners' counsel is unable to contact Respondent's counsel prior to the hearing, Petitioners' counsel shall be available at the hearing, by Zoom as stated in the introductory NOTICE to today's Tentative Rulings, in the event Respondent's counsel appears without following the procedures set forth in Local Rule 1.06(B). Petitioners' petition for order compelling compliance ...
2022.05.17 Motion to Compel Arbitration and Stay Action 404
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.05.17
Excerpt: ...s Windsor Norcal 13 Holdings, LLC; S&F Management Company, LLC; S&F Management Company, Inc.; Lee Samson; Lawrence Feigen; and Donny Feldman's (collectively, the “Windsor Corporate Defendants”) joinder is granted. In this elder abuse action, plaintiff Katherine Felkins, individually and on behalf of her father, Donald Knestrict, as his successor‐in‐interest, allege causes of action arising out of the care Mr. Knestrict received at Windsor...
2022.05.17 Motion for Summary Judgment 168
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.05.17
Excerpt: ...ly, “Plaintiffs”) filed their form Complaint on February 9, 2021, alleging causes of action for motor vehicle (personal injury), general negligence, and loss of consortium. The Complaint alleges “Defendants owed Plaintiffs and others on the road a duty of care and breached that duty by operating vehicles in manners that caused motor vehicle collision to plaintiffs' vehicle. Defendants also violated California Vehicle Code Section 216658. Pl...
2022.05.17 Motion for Determination of Good Faith Settlement 570
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.05.17
Excerpt: ...t John Mourier Construction, Inc. (“John Mourier”) within the development commonly known as the Bishop Ranch subdivision located in Elk Grove, California (the “Subject Project”). The action has been overseen by Special Master John Riddle. Plaintiffs filed this action on June 16, 2015, against multiple defendants, including John Mourier. The operative Second Amended Complaint was filed on April 9, 2018. John Mourier filed a Cross‐Complai...
2022.05.12 Demurrer, Motion to Strike 864
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.05.12
Excerpt: ...oving counsel is directed to contact opposing counsel and advise them 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 the hearing, moving counsel is ordered to appear at the hearing by Zoom or telephone. VSS's opposition fails to comply with the Rules of Court which require that “[a] memorandum that exceeds 10 pages must include a...
2022.05.12 Motion for Protective Order 498
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.05.12
Excerpt: ...r Defendant Simons could not locate him, despite multiple voice messages, emails, and hiring an investigative analyst. (Ibid.) On May 27, 2021, Plaintiffs filed their Complaint alleging a cause of action for motor vehicle/negligence. (ROA 1.) On June 18, 2021, Plaintiffs filed a First Amended Complaint (“FAC”). (ROA 8.) On September 27, 2021, Defendant Simons answered the FAC. (ROA 12.) On October 25, 2021, Plaintiffs propounded and served Fo...
2022.05.12 Motion for Preliminary Injunction 760
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.05.12
Excerpt: ...property located at 2601 5th Street, Sacramento, California (“Subject Property”) as a public nuisance pursuant to Civil Code sections 3479 and 3480 and Sacramento City Code chapters 8.04, 8.96, 8.100, and 15.04. (MPA, 5.) Plaintiff also requests an order that Defendants secure the Subject Property pending remedial repairs and full compliance with the Sacramento City Code. (Id., 5‐6.) Since the Court's Order on 3/2/202, Defendants Eugene Bug...
2022.05.12 Motion to Strike Answer 022
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.05.12
Excerpt: ...it appears Drake's motion is in a reality a Motion for Terminating Sanctions ‐ “Under the totality of the facts in this case, terminating sanctions under CCP 2023.030 is [sic] appropriate and Drakes request [sic] Roberts answer be stricken . . .” (Mov. P&A, ¶ 9: 2‐6.) Drake is admonished for failing to comply with the California Rules of Court regarding format of motion papers. (See Cal. Rules of Court, rules 3.1110 ‐ 3.1113.) FACTS: O...
2022.05.11 Motion to Strike, Demurrer 856
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.05.11
Excerpt: ... collectively) filed their Complaint against Defendants. According to the Complaint, Plaintiffs were tenants of a unit (the Premises) at a multiresidential property (the Property) located in Sacramento that Defendants owned, controlled, or managed during the relevant period of time. (Complaint, ¶¶ 2, 6.) Plaintiffs entered a residential lease agreement for the Premises with Defendants around January 2018. (Id., ¶ 15.) The Property is located...
2022.05.11 Motion to Compel Compliance with Court's Discovery 116
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.05.11
Excerpt: ... Defendants' unopposed motion to compel Plaintiff Brett Charles' ("Plaintiff") attendance at deposition along with the documents requested. (ROA 87.) The Court ordered Plaintiff to appear for deposition and submit to examination along with the documents requested no later than October 15, 2021 unless Defendants agreed to a later date memorialized in writing. (Ibid.) The Court ordered the parties to “meet‐and‐confer in an attempt to find a m...
2022.05.11 Motion for Attorney Fees 534
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.05.11
Excerpt: ... §§ 12900et seq.) On March 29, 2022, Plaintiff filed a Notice of Conditional Settlement. On March 10, 2022, Plaintiff accepted Defendant's CCP § 998 Offer, which provides for payment of $50,000.01 in return for a dismissal with prejudice, “exclusive of any and all recoverable attorney's fees and costs.” (Allen Dec., Exh. A.) Plaintiff now seeks attorneys' fees and costs pursuant to Government Code section 12965 in the amount of $23,695 (re...
2022.05.11 Motion for Approval of PAGA Settlement 472
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.05.11
Excerpt: ...unsel and advise him/her of Local Rule 1.06 and the Court's tentative ruling procedure and the manner to request a hearing. Moving counsel is also ordered to be available at the hearing in the event Defendant appears without following the procedures set forth in Local Rule 1.06(B). Background The underlying action is a representative action under PAGA based on alleged violations of the Labor Code and Industrial Welfare Commission Order No. 4‐20...
2022.05.10 Motion to File Amended Complaint 448
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.05.10
Excerpt: ...ed upon defective service. Plaintiff filed his Complaint on August 24, 2018, alleging claims for violation of Civil Code sections 51 and 51.7, conversion, intentional infliction of emotional distress, Consumer Legal Remedies Act, and injunctive relief. Plaintiff now seeks to add causes of action for fraud, negligence, and violations of the Song‐Beverly Consumer Warranty Act, and to remove the claim for injunctive relief. Plaintiff contends the ...
2022.05.10 Motion to Compel Responses to Discovery 769
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.05.10
Excerpt: ...uest 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 [judicial notice of findings of fact does not mean that those findings of fact are true]; Steed v. Department of Consumer Affairs (2012) 204 Cal.App.4th 112, 120‐121 [“[W]hile the existence of any document in...
2022.05.10 Motion to Compel IME 032
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.05.10
Excerpt: ...result of the collision, Plaintiff alleges personal injuries. Plaintiff filed her Complaint for negligence on June 22, 2020. Plaintiff is claiming injury to her left and right shoulders, neck, and upper and lower back. (Fleming Decl. ¶ 5, Exh. B (Plaintiff's Depo. at pp. 131:21‐133:24, 134:11‐19).) Plaintiff's discovery responses indicate that as of September 10, 2020, she continued to have left shoulder pain. Plaintiff underwent left should...
2022.05.10 Demurrer 762
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.05.10
Excerpt: ... California 95814. Defendant shall notify Plaintiff immediately. This is an employment class action. Defendant employed Plaintiff as an hourly, nonexempt employee from approximately May 2019 to February 2020. (Compl. ¶ 18.) On November 3, 2021, Plaintiff filed his Class Action Complaint alleging various violations of the Labor Code and the California Business and Professions Code. These include claims for unpaid overtime, unpaid meal period prem...

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