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Location: Sacramento x
Judge: Krueger, Christopher E x
2022.12.01 Motion to Compel Further Discovery Responses 278
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.12.01
Excerpt: ...d a 2020 Honda Pilot. Plaintiff alleges that Defendant is a manufacturer and/or distributor under the Act. During the warranty period, the vehicle experienced defects and non‐conformities, including but not limited to, electrical and transmission issues. Plaintiff moves to compel Defendant's further responses to RFP Nos. 37‐43 and 45‐ 46. The parties entered into, and the Court signed, a stipulated protective order on October 21, 2022. RFP ...
2022.12.01 Motion for Monetary Sanctions 882
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.12.01
Excerpt: ...o compel Magby's deposition, which this Court granted on February 22, 2022. Therein, the Court ordered Magby to appear for deposition no later than May 14, 2022. (ROA 71.) Magby's counsel agreed to a deposition date of March 8, 2022, and Bennett served a Second Amended Notice of Deposition reflecting the agreed‐upon date. On March 8, 2022, however, Magby's counsel again stated that neither he nor Magby would be appearing for the deposition as s...
2022.12.01 Motion for Judgment on the Pleadings 288
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.12.01
Excerpt: ... City of Sacramento (“City”) and Brad Wasson's (“Wasson”) (collectively “Defendants”) motion for judgment on the pleadings is ruled upon as follows. I. Overview Plaintiffs Lanette and Bryan Davies (collectively “Plaintiffs”) allege that they are the owners of Canna‐Care, a lawfully operating medicinal marijuana dispensary. (First Amended Complaint (“FAC”), ¶¶ 1‐2.) Plaintiffs allege that defendant Wasson is the Revenue M...
2022.11.30 Petition to Enforce Subpoena 086
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.11.30
Excerpt: ...nd counsel for all other parties to the underlying action 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 Respondent and counsel for all other parties prior to hearing, moving counsel is ordered to appear at the hearing by Zoom or by telephone. Moving counsel is admonished for failing to comply with CRC Rule 3.1110(f)(4). Exhibits must be sep...
2022.11.30 Motion to Set Aside Dismissal and Reinstate Civil Case 270
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.11.30
Excerpt: ...greed to dismiss her cause of action against Defendant. After receiving the settlement proceeds, Plaintiffs' counsel's office mailed a Request for Dismissal to this Court on August 23, 2022. (Schuchhardt Decl., ¶ 6.) The dismissal did not specify that the dismissal was as to Ms. Sanchez Garcia only. (Id. at ¶ 6, Exh. B.) Counsel's office discovered the mistake the following day and contacted the Court that same day. (Id. at ¶ 7.) Counsel was i...
2022.11.30 Motion to Quash Service of Summons and Dismiss Petition 434
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.11.30
Excerpt: ...ber 29, 2022 when they filed a petition to vacate contractual arbitration award. Petitioners and Respondent participated in contractual arbitration on March 29‐ 30, 2022. The arbitrator issued her opinion and award on June 23, 2022 and served the award on the parties the same day. In total, on September 29, 2022, Petitioners filed a petition to vacate on a Judicial Council ADR‐106 form (ROA 1), a civil case cover sheet (ROA 2), a summons (ROA...
2022.11.30 Motion to Compel Deposition 842
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.11.30
Excerpt: ...venture. Plaintiff's deposition was originally noticed for September 9, 2021, but was rescheduled several times due to Plaintiff's inadequate responses to Defendants' written discovery. Eventually, Plaintiff sat for his deposition on May 4, 2022. However, after only two hours of testimony, Plaintiff and Plaintiff's counsel abruptly stopped the deposition due to Plaintiff's perception that defense counsel was harassing him with his questions, with...
2022.11.29 Motion to Strike, Demurrer 582
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.11.29
Excerpt: ...ed a 2018 Ford Ecosport (“the Vehicle”) from Defendant in Roseville on July 15, 2019, and Defendant issued express warranties in connection with that transaction. The Vehicle has since exhibited numerous defects and nonconformities covered by the warranties that substantially impair the use, value, and safety of the Vehicle. Plaintiff delivered the Vehicle to Defendant's authorized repair facilities for repairs but Defendant has failed to rep...
2022.11.29 Demurrer to FAC 332
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.11.29
Excerpt: ...iff filed a First Amended Complaint (FAC), which identified an address of the alleged incident as 9230 Kiefer Boulevard in Sacramento, California. As to injury, however, the FAC states only as follows: “3. On or about September 7, 2020, Defendant(s) owned, operated managed, maintained, controlled, and/or was/were in possession and control of a residential apartment complex doing business as “The Retreat Apartments” located at 9230 Kiefer Bl...
2022.11.29 Demurrer 448
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.11.29
Excerpt: ...oom telephonically, call (833) 568‐8864 and enter the Zoom ID: 16146506749. Defendant California Department of Corrections and Rehabilitation's (“CDCR”) demurrer to incarcerated plaintiff in pro per Paul Anthony Moreno's (“Plaintiff”) Complaint is ruled upon as follows. Plaintiff filed his Complaint on January 31, 2022, alleging a single cause of action for “Negligence in Law [Penal Code § 4576 (e), (i)].” Plaintiff alleges that an...
2022.11.29 Application for Writ of Possession 304
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.11.29
Excerpt: ...) is UNOPPOSED and DENIED without prejudice for lack of proper notice. Plaintiff's Application for Writ of Possession of the Collateral, as against Defendant Satpal Singh Brar (“Defendant Brar”) is UNOPPOSED AND GRANTED, provided that proof of service to Defendant Brar demonstrating compliance with the service requirements of Code of Civil Procedure sections 512.030 and 1005 are filed prior to the time of the hearing. If such proof of servic...
2022.11.23 Motion to Compel Further Responses 788
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.11.23
Excerpt: ...nrelated claim in her account with Defendant. (See Complaint, ¶¶ 10‐23.) Plaintiff's complaint asserts a total of nine causes of action including civil rights violations, unfair competition, defamation, and negligent hiring. Plaintiff served Defendant with the subject Requests for Production of Documents, Set One on April 14, 2022. Defendant served its initial responses on June 10, 2022. Plaintiff's counsel sent a meet and confer letter on Ju...
2022.11.23 Motion for Summary Adjudication 616
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.11.23
Excerpt: ...equires that each paper exhibit be separated by a hard 8 ½" x 11" sheet with hard paper or plastic tabs extending below the bottom of the page, bearing the exhibit designation. Failure to comply with this rule makes it cumbersome for the Court to review the corresponding exhibits and evidence. The Court does not consider Defendants' “rebuttal and supporting evidence” to White's responses to Defendants' UMFs. The summary judgment statute does...
2022.11.23 Demurrer 934
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.11.23
Excerpt: ...lectively, “Defendants”) demurrer to Plaintiff in pro per Larry Redic's (“Plaintiff”) complaint is ruled upon as follows. Defendants' request for judicial notice of Executive Order N‐ 33‐20 is granted. The Court declines to take judicial notice that the Order “does not establish specific COVID ‐19 safety protocols for California's prisons.” (See, Def.'s RJN at 1:26‐27.) The Court notes that Plaintiff filed an opposition on Aug...
2022.11.22 Motion for Judgment on the Pleadings 900
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.11.22
Excerpt: ...plaint for Refund of Property Taxes on December 7, 2020. After the Court granted Plaintiff's motion for leave to file a First Amended Complaint (“1AC”) on January 26, 2022, Plaintiff filed the operative 1AC on January 26, 2022. (ROAs 40, 41.) Defendant filed its Answer to the 1AC on February 25, 2022, asserting three affirmative defenses. (ROA 43.) Defendant's first affirmative defense states “[t]he first amended complaint and each and ever...
2022.11.22 Demurrer to SAC 842
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.11.22
Excerpt: ...“2AC”) is ruled upon as follows. Defendants' request for judicial notice is granted. This action arises from Plaintiff's former employment with Defendants. Plaintiff alleges she was employed by Defendants since 1987 until she was forced to resign in May of 2019. (2AC ¶ 8.) Two months later, on July 1, 2019, Plaintiff filed a verified complaint with the Department of Fair Employment and Housing (“DFEH”), and on the same day she received a...
2022.11.17 Motion for Summary Judgment 116
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.11.17
Excerpt: ... Cathy Looc (“Plaintiff”) is GRANTED. Moving Defendants have indicated the incorrect address in the notice of motion. The correct address for Department 54 of the Sacramento County Superior Court is 813 6th Street, Sacramento, California 95814. Plaintiff filed this personal injury action on January 8, 2021, against Moving Defendants and defendant Lai alleging claims of general negligence and premises liability arising out of a dog bite/attack...
2022.11.17 Demurrer SAC 842
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.11.17
Excerpt: ...mended Complaint (“2AC”) is ruled upon as follows. Defendants' request for judicial notice is granted. This action arises from Plaintiff's former employment with Defendants. Plaintiff alleges she was employed by Defendants since 1987 until she was forced to resign in May of 2019. (2AC ¶ 8.) Two months later, on July 1, 2019, Plaintiff filed a verified complaint with the Department of Fair Employment and Housing (“DFEH”), and on the same ...
2022.11.17 Demurrer 448
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.11.17
Excerpt: ...oreno 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 Anthony Moreno need not request oral argument. The Litigation Coordinator shall make Paul Anthony Moreno available, by Zoom telephonically, at 9:00 a.m. on the date of the continued hearing date, which will be November 29, 2022, to pa...
2022.11.16 Motions to Quash Service of Summons 618
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.11.16
Excerpt: ...22. (ROA 1.) The action apparently arises out of an alleged insurance policy issued to Plaintiff pertaining to a structure on Plaintiff's property. The structure was later damaged by fire. Plaintiff alleges that he submitted a claim to WMIC, but WMIC delayed paying benefits on the claim. Plaintiff alleges claims for breach of contract and breach of the implied covenant of good faith and fair dealing. The evidence submitted by Defendant establishe...
2022.11.16 Motion for Summary Judgment 088
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.11.16
Excerpt: ... plus interest on the unpaid loan amount. The agreement further provided that Defendant would make minimum payments in accordance with an agreed‐upon payment schedule. The agreement further memorialized Defendant's understanding that he would be in default if, among other things, he failed to make a payment when it was due or failed to comply with any term or condition of the loan agreement. On January 22, 2021, Defendant breached the terms of ...
2022.11.16 Motion for Preliminary Injunction 350
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.11.16
Excerpt: ...e established rules and regulations of the mobilehome park. Specifically, the petition for injunctive relief alleges causes action against Respondents pursuant to Civil Code section 798.88 of the Mobilehome Residency Law (MRL), which provides that park management may enjoin any person violating a reasonable rule or regulation of a mobilehome park from such violation. “If the court, by clear and convincing evidence, finds the existence of a cont...
2022.11.16 Demurrer 934
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.11.16
Excerpt: ...lectively, “Defendants”) demurrer to Plaintiff in pro per Larry Redic's (“Plaintiff”) complaint is ruled upon as follows. Defendants' request for judicial notice of Executive Order N‐ 33‐20 is granted. The Court declines to take judicial notice that the Order “does not establish specific COVID ‐19 safety protocols for California's prisons.” (See, Def.'s RJN at 1:26‐27.) The Court notes that Plaintiff filed an opposition on Aug...
2022.11.15 Demurrers 590
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.11.15
Excerpt: ...tion of this demurrer. The Court will not repeat the summary of the facts alleged in the complaint since it already summarized the facts in ruling on co‐defendant Trustee's demurrer. As pertinent here, Plaintiff alleges that Defendants purchased the Property from The Betty M. Comeau Trust, dated May 7, 2019, Brian A. Puiia, Successor Trustee. (Complaint, ¶ 2.) Defendants demur to the following “causes of action”: ∙ Quiet title on the gro...
2022.11.15 Motion for Summary Judgment, Adjudication 500
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.11.15
Excerpt: ...ims stem from a home loan taken out by Defendant from Cal State 9 Credit Union (“CS9”) on or about October 18, 2006. The loan was secured by a second deed of trust and recorded with the Sacramento County Recorder's Office on May 1, 2007. The loan was ultimately sold to Plaintiff via an allonge executed by CS9 effective May 16, 2008. On July 14, 2008, an assignment of deed of trust was recorded with Sacramento County Recorder's Office transfer...
2022.11.15 Motion for Terminating Sanctions 180
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.11.15
Excerpt: ...ff's motion is UNOPPOSED and ruled upon as follows. The notice of motion does not provide notice of the Court's tentative ruling system, as required by Local Rule 1.06. Plaintiff's counsel is directed to contact Defendant and advise Defendant 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 Defendant prior to hearing, moving counsel is ordered to appear at th...
2022.11.15 Motion for Terminating Sanctions 768
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.11.15
Excerpt: ...10 employment causes of action under provisions of the Labor Code and FEHA. On November 4, 2021, the Court granted Plaintiff's former counsel's motion to withdraw as Plaintiff's counsel of record in this matter. (ROA 24.) Defendant had served Plaintiff's former counsel with a notice to take Plaintiff's deposition on September 10, 2021, with the deposition scheduled for November 2, 2021. (Moores Decl., ¶ 6, Exh. B.) Defendant later served an amen...
2022.11.15 Motion to Strike 006
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.11.15
Excerpt: ...ommodate and violations of the Labor Code. Plaintiff's discrimination, retaliation and failure to accommodate causes of action also include allegations that Defendant discriminated against her due to her association with her son, who suffered from depression, had special needs, and suicidal ideations. Plaintiff alleges that she requested a reasonable accommodation for her son's disability, but Defendant failed to accommodate her request. She furt...
2022.11.15 OSC Re Dismissal 402
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.11.15
Excerpt: ...o file a response by November 1, 2022, which they did. The Court now addresses Plaintiffs' showing below. Background This is a lemon law action that was filed on March 18, 2014. Fourteen months later, on May 19, 2015, the parties reached a conditional settlement when Plaintiffs accepted Defendant FCA US LLC's (“Defendant”) CCP section 998 offer to compromise. Plaintiffs filed a notice of conditional settlement on October 28, 2015, which state...
2022.11.15 Motion to Strike or Tax Costs 800
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.11.15
Excerpt: ... 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. Background Plaintiff initiated this wrongful termination action against Defendant Safeway Inc. (“Defendant”) on July 18, 2019. Plaintiff's complaint included a total of seventeen causes of action. The first 11 causes of action were brought under the Fair Employment and Housing Act (...
2022.11.10 Motion for Summary Judgment, Adjudication 622
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.11.10
Excerpt: ...ourt'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. This action arises out of an incident that occurred on August 25, 2018, wherein plaintiff Miguel Ledezma (“Plaintiff”) was replacing wood siding around the exterior of Defendant's home. Plaintiff stepped onto the roof and awning above a first‐floo...
2022.11.10 Motion for Order of Discharge and Award of Costs, Attorney Fees 134
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.11.10
Excerpt: ...pposing counsel and advise 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. This motion concerns a $15,000 Contractor's License Bond issued by ACIC to Swan Engineering, Inc. as principal pursuant to Business and Professions Code sections 7071.5 and 7071.11. (Hayes Decl. ¶ ...
2022.11.10 Motion for Approval of PAGA Settlement 534
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.11.10
Excerpt: ...he Court's tentative ruling system as required by Local Rule 1.06(D). Plaintiff is ordered to notify Defendants immediately of the tentative ruling system and the manner to request a hearing. If Plaintiff is unable to contact Defendants prior to hearing, Plaintiff is ordered to appear at the hearing. On September 2, 2020, Plaintiff submitted her written notice under Labor Code § 2699.3 (the "PAGA Notice") to the Labor and Workforce Development A...
2022.11.10 Demurrer to SAC 132
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.11.10
Excerpt: ... stop initiated by Rose. Plaintiff filed her original Complaint on August 12, 2021, her First Amended Complaint on November 30, 2021, and the operative 2AC on June 16, 2022. (ROAs 1, 8, 21.) The 2AC alleges causes of action for negligence (Gov. Code § 815.2(a), assault, Ralph Act violation (Civ. Code § 51.7), and Bane Act violation (Civ. Code §§ 52.1 and 52.) This is the first challenge to the pleading. The following facts are alleged in the ...
2022.11.10 Demurrer 725
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.11.10
Excerpt: ... 54 Cal.App.4th 216, 219; Nordlinger v. Lynch (1990) 225 Cal.App.3d 1259, 1271; Boyle v. City of Redondo Beach (1999) 70 Cal.App.4th 1109, 1114, fn. 2.) “If the complaint states a cause of action under any theory, regardless of the title under which the factual basis for relief is stated, that aspect of the complaint is good against demurrer." (Quelimane Co. v. Stewart Title Guaranty Co. (1998) 19 Cal.4th 26, 38‐39; Bagatti v. Dept. of Rehabi...
2022.11.09 Motion to Contest Good Faith Settlement Determination 812
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.11.09
Excerpt: ...t and Plaintiffs. On August 29, 2022, Plaintiffs filed an Application for Good Faith Settlement Determination. Plaintiffs have settled with non‐party insured Julie P. Armenta (“Armenta”) for $1,000,000 in exchange for Plaintiffs' full and complete release of Armenta, and waiver of all residual rights otherwise reserved by California Civil Code §1542 against her, associated with all claims against her arising from or relating to an auto/ped...
2022.11.09 Motion to Compel Further Responses 460
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.11.09
Excerpt: ...nts' motion to compel Plaintiff's initial responses is DENIED since Plaintiff served responses to the discovery prior to Defendants filing of the motion. Defendants' alternative motion to compel Plaintiff's further responses is GRANTED. Plaintiff filed a “partial opposition.” As an initial matter the Court is not persuaded by Plaintiff's argument that the discovery is defective because Holt did not sign the discovery requests. Plaintiff proff...
2022.11.09 Motion for Relief from Late Filing of Claim 068
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.11.09
Excerpt: ...and charges against Hall were dismissed. On December 27, 2020, Hall purportedly submitted a Claim for Damages and Restitution to the Sacramento County Board of Supervisors ("Claims") (although no such Claim is submitted with the Petition). Although Hall suggests that the Board of Supervisors did not respond to his Claim, Hall submits Notice of insufficiency from January 11, 2021, stating that the Claim failed, for a number of reasons, to substant...
2022.11.09 Demurrer, Motion to Strike 740
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.11.09
Excerpt: ...sault and intentional infliction of emotional distress. Plaintiff David Zelnick, individual, and as trustee of the David D. Zelnik Trust dated June 12, 2013 alleges that he and Defendants own neighboring properties (“Properties”). (FAC, ¶P 7‐8.) The Properties are located in a common interest development commonly referred to as the Oaks at Carmichael (“the Oaks”). Both Properties are rentals. (Id.) Plaintiff alleges that Defendants ins...
2022.11.08 Demurrer 810
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.11.08
Excerpt: ... a.m. to participate in oral argument. To appear on Zoom telephonically, call (833) 568‐8864 and enter the Zoom ID: 16146506749. Defendant Sacramento County's (erroneously sued as Sacramento City and County) (“Defendant”) demurrer to incarcerated plaintiff in pro per Theodore Benjamin Vaden's (“Plaintiff”) Complaint is UNOPPOSED and SUSTAINED with leave to amend. Plaintiff filed his personal injury form complaint on November 29, 2021. T...
2022.11.08 Application to Seal Record 504
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.11.08
Excerpt: ...lleged the following causes of action: (1) negligence, (2) negligent supervision/training/hiring/retention, (3) sexual battery, (4) assault, and (5) violation of civil rights under various provisions of the Civil Code. Plaintiffs' claims arise out of alleged sexual abuse that occurred in approximately 1988‐1990 when Plaintiffs were minors. (Complaint, ¶¶ 7‐ 11.) Plaintiffs are all now over 40‐years‐old. (Ibid.) The complaint identifies ...
2022.11.08 Demurrer 054
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.11.08
Excerpt: ...r the Court ordered the FAC be filed. (See ROA 19.) However, the Court exercises its discretion to accept the late filing. (See Harlan v. Department of Transp. (2005) 132 Cal.App.4th 868, 874.) The FAC includes the following three causes of action: (1) quiet title, (2) breach of contract, and (3) declaratory relief. The declaratory relief cause of action is labeled as the “fifth cause of action.” Plaintiff alleges that she and her late husban...
2022.11.08 Demurrer 414
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.11.08
Excerpt: ... is ruled upon as follows. Defendants' request for judicial notice is granted. In taking judicial notice of court filings, the Court accepts the fact of their existence, not the truth of their contents. ( 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]; Sosinsky v. Grant (1992) 6 Cal.App.4th 1548, 1566.) Background and Allegations in the...
2022.11.08 OSC Re Contempt 048
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.11.08
Excerpt: ...ter was argued and submitted. The Court continued the matter to today's date to permit Summer Palace to file a sur‐ reply by October 21, 2022, and plaintiffs E & A Monroy Holdings LLC (“E & A”) and SAI Supermarkets, Inc. dba Del Valle Supermarket (“Del Valle”) (collectively, “Plaintiffs”) to file a response by October 28, 2022. Having received Summer Palace's sur‐reply and Plaintiffs' response, the Court now rules as follows. Obje...
2022.11.08 Motion for Summary Judgment 456
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.11.08
Excerpt: ...erst, are also overruled. Background This is a personal injury/wrongful death case stemming from a car accident that occurred on May 24, 2006. Plaintiff Phoenix Kaplow (“Plaintiff”) was a passenger in a vehicle along with his mother, Chelsea Wood (“Decedent”). Plaintiff suffered physical injuries while Decedent died as a result of the accident. The vehicle involved was a 2005 Honda Civic owned by Defendant Latisha Custer (“Ms. Custer”...
2022.11.08 Motion to Compel Arbitration and Appoint Arbitrator 164
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.11.08
Excerpt: ... ended while occupying a 2002 Oldsmobile owned by their son, Michael Crawford, and daughter‐inlaw, Sara Crawford. At the time of the collision, Michael and Sara resided in the same household as Petitioner. Petitioner and her late husband maintained auto insurance, including underinsured motorist (UIM”) coverage, through Respondent CSAA (“Respondent”). The Oldsmobile was insured through Geico, who is not a party to this matter. Petitioner ...
2022.11.08 Motion to Compel Compliance 694
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.11.08
Excerpt: ...ntain a heater on the property rented to Plaintiff by Defendants, which led to Plaintiff's carbon monoxide poisoning. Plaintiff claims to have suffered an irreversible brain injury and to have received extensive psychiatric treatment as a result of Defendants' conduct. Plaintiff's mental condition is at issue in this litigation. (CCP § 2032.020(a).) During the course of discovery, Plaintiff voluntarily submitted to two examinations: the first an...
2022.11.08 Motion to Compel Responses 084
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.11.08
Excerpt: ...n matters. *** Plaintiff has indicated the incorrect address in its notice of motion. The correct address for Department 54 of the Sacramento County Superior Court is 813 6th Street, Sacramento, California 95814. Plaintiff's counsel shall notify Defendant's counsel of the correct address immediately. 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 c...
2022.11.03 Motion for Determination of Good Faith Settlement 886
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.11.03
Excerpt: ... This action arises out of a four‐car collision occurring on February 7, 2020, where Plaintiff was driving her vehicle northbound on Bradshaw Road in the number 1 lane at a speed of 40‐50 mph. (Sullivan Decl. ¶ 5, Exh. C (Traffic Collision Report).) Mr. Johnson was driving his employer Volunteers' vehicle southbound on Bradshaw Road in the number 1 lane at a speed of about 40 mph and attempting to make a left turn towards an access road. (Su...
2022.11.03 Motion for Judgment on the Pleadings 972
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.11.03
Excerpt: ...ry 27, 2022, the Court granted Plaintiff's unopposed motion to deem matters admitted. (ROA 12.) Plaintiff now moves for judgment on the pleadings based on these admissions. Specifically, that Defendant admits he applied for a credit card account with Plaintiff, he received the Customer Agreement when he received the credit card, the Customer Agreement provided that by using the credit card he agreed to bound by the terms therein, he received the ...
2022.11.03 Motion for Leave to File Amended Complaint 544
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.11.03
Excerpt: ...5814. Defendants Michael Egan and Silver Lining Properties (“SLP”) (collectively, “Defendants”) request for judicial notice is granted. Plaintiff filed this action on November 17, 2016, alleging 15 causes of action. The operative First Amended Complaint was filed on December 6, 2018, and alleges the following four causes of action: (1) financial elder abuse; (2) violation of California Business and Professions Code § 17200 et seq.; (3) f...
2022.11.03 Motion to Compel Answers to Deposition 320
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.11.03
Excerpt: ...ED. This action arises out of a two‐vehicle accident that occurred on February 18, 2020, on SR‐70 to Olivehurst Avenue in an unincorporated part of Yuba County, California. The accident occurred between vehicles driven by plaintiff Allie Christine Vargas (“Ms. Vargas”) and Mr. Fernandez, which was immediately following an alleged “road rage” incident between Mr. Fernandez and Mr. Johnson. The Traffic Collision Report concludes the col...
2022.11.03 Motion for Preliminary Injunction 198
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.11.03
Excerpt: ... Cross‐Complainants are ordered to notify CrossDefendants immediately of the tentative ruling system and the manner to request a hearing. If Cross‐ Complainants are unable to contact Cross‐Defendants prior to hearing, Cross‐Complainants are ordered to appear at the hearing. Cross‐Complainants request for judicial notice is granted. Factual and Procedural Background This action concerns the management, operations, and control over Nivano...
2022.11.03 Motion to Compel Further Responses 744
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.11.03
Excerpt: ...186, 188, 190, 192, 194, 196, 198, 250, 252, 254, 256, 258, 260, 262, 264, 266, 268, 270, 272, 274, 338, 340, 342, 344, 346, 348, 350, 352, 354, 358, 401, 402 and 403 is ruled upon as follows. This action arises from an Agreement for Purchase of Recycleables pursuant to which the City sells recycleable materials to USA Waste for resale into the recycling commodities market. USA Waste filed its Complaint on October 16, 2020, alleging claims for: (...
2022.11.03 Motion to Stay 814
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.11.03
Excerpt: ...manner to request a hearing. If moving counsel is unable to contact Defendants prior to hearing, moving counsel is ordered to appear at the hearing. Factual and Procedural Background Plaintiffs are cellular telephone consumers who have filed three actions regarding the sales tax reimbursement paid pursuant to sales tax Regulation 1585 when they purchased cellular phones at a discounted price in a bundled sale. “Sales tax reimbursement” is the...
2022.11.03 Motion for Terminating Sanctions 340
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.11.03
Excerpt: ... motion to compel Plaintiff to serve verified responses, without objections, to Defendant's Form Interrogatories (Set One), Special Interrogatories (Set One), and Request for Production of Documents (Set One), to deem matters admitted, and for monetary sanctions. (ROA 30.) Plaintiff was ordered to serve responses by June 22, 2022, and to pay sanctions in the amount of $235 no later than July 8, 2022. As of the date of filing this motion, Plaintif...
2022.11.02 Motion to Strike or Tax Costs 860
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.11.02
Excerpt: ...oss‐complaint on May 25, 2022. Lombardi dismissed his cross‐complaint on July 18, 2022. As a result of Lombardi's dismissal of his cross‐ complaint, MCM filed a memorandum of costs. (ROA 33.) Lombardi then moved to strike or tax MCM's memorandum of cost. (ROA 34.) MCM filed a request for dismissal of its own complaint prior to the hearing on Lombardi's motion to strike/tax. (ROA 39.) Lombardi filed the memorandum of costs at issue in this m...
2022.11.02 Motion to File SAC 504
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.11.02
Excerpt: ...CFE and individual defendants Francis Kang and Caroline Kang (collectively “Kang Defendants”) when Defendant Mee Lai Fong (“Fong”) attacked Patton with a metal cane, ultimately leading to her death. Plaintiffs filed their initial complaint on August 27, 2018 and their first amended complaint on October 13, 2020. Plaintiffs move to file a second amended complaint to add an eighth cause of action for Fraudulent Transfer/Conveyance pursuant ...
2022.11.02 Motion to File Amended Answer 218
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.11.02
Excerpt: ...lligan's Island. At the same general time and location, Plaintiffs were floating in a raft in the same general location, when Defendant ran them over, thereby causing injury and damages to Plaintiffs. Defendant filed its initial answer on March 21, 2022. Trial is currently scheduled for August 12, 2024. Defendant moves to amend the answer to alter the original language by adding affirmative defenses seven (Harbor & Navigation code 652.5 and 655.2...
2022.11.02 Motion for Summary Judgment 824
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.11.02
Excerpt: ...the parties should be prepared to point to specific evidence which is claimed to show the existence or non‐ existence of a triable issue of material fact. *** Plaintiffs Jose Mejia (“Mejia”), Miguel Osuna (“Osuna”), and Oscar J. AlmanzanMartinez's (“Almanzan”)(collectively “Plaintiffs”) motion for summary judgment is ruled upon as follows. I. Overview This is a putative class action for Labor Code violations and Attorney Private...
2022.11.02 Motion for Issue and Evidentiary Sanctions 854
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.11.02
Excerpt: ...ry" pursuant to CCP §2023.030. According to Defendants, in response to their demand for production of documents, Plaintiff improperly objected that documents regarding Brandt fees were protected by the attorney‐client privilege. Plaintiff's counsel refuses to produce documents regarding Brandt fees, including, his written fee agreement and invoices. Plaintiff's counsel also states that the documents do not exist. (Declaration of Roger Jaffe, ...
2022.11.02 Demurrer 340
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.11.02
Excerpt: ...n and harassment free work environment, and negligent hiring, supervision and retention. Plaintiff alleges that she was subject to disproportionate discipline as compared to her non‐African American co ‐workers, was micro‐ managed by her superiors more frequently than her non‐African American co‐workers, and was denied perks and privileges that are afforded to her non‐ African American co‐workers. (Complaint, ¶ 40.) She further all...
2022.11.01 Motion for Terminating Sanctions 550
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.11.01
Excerpt: ...vise 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. Background In this personal injury/wrongful death action, Plaintiffs filed their complaint against Defendants on March 8, 2022. Plaintiffs allege that Defendant Singh negligently operated ...
2022.11.01 Motion for Final Approval of Class Action Settlement 162
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.11.01
Excerpt: .... On July 15, 2021, Plaintiff's PAGA claim was dismissed following Defendant's demurrer. (ROA 40.) Thus, the action proceeding with one cause of action for violation of Labor Code section 226 (failure to furnish accurate itemized wage statements). On July 11, 2022, the Court issued its order granting Plaintiff's motion for preliminary approval of class action settlement. (ROA 70.) Pursuant to that order, the final fairness hearing was set for tod...
2022.11.01 Motion to Dismiss for Failure to Adjudicate 452
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.11.01
Excerpt: ...a complaint by their former counsel, Kenneth Burt II. (ROA 1.) Plaintiffs' filed the operative first amended complaint (“FAC”) on July 12, 2019, which included various causes of action stemming from alleged mold in Plaintiffs' apartment. (ROA 24.) Defendants served written discovery in the form of document requests on November 18, 2019. (See Rishwain Decl. ISO Motion to Compel Further Responses, filed May 18, 2020 (hereafter, “Rishwain Decl...
2022.11.01 Motion to Quash Deposition, for Protective Order 120
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.11.01
Excerpt: ...he operative second amended complaint ("SAC"), Plaintiff brings claims under the Fair Employment and Housing Act ("FEHA") for (1) sexual harassment, (2) racial discrimination, (3) disability discrimination, and (4) retaliation. Plaintiff also alleges a fifth cause of action for retaliation under Labor Code section 1102.5 plus a sixth cause of action for intentional infliction of emotional distress. (See, SAC, p. 1.) The first and sixth causes of ...
2022.11.01 Motion to Quash Service of Summons and Cross Complaint 608
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.11.01
Excerpt: ...rected to contact Plaintiff's counsel forthwith to advise counsel of Department 54's correct address, Local Rule 1.06, and the court's tentative ruling procedure. If Defendant is unable to contact Plaintiff's counsel prior to the hearing, Defendant shall be available at the hearing, in person or remotely (telephonically or by video conference via Zoom as stated in the introductory notice to today's tentative rulings), in the event Plaintiff's cou...
2022.11.01 Motion to Set Aside Default, Judgment 188
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.11.01
Excerpt: ...obtained a default judgment on August 23, 2021 (ROA 22). On August 31, 2021, Defendant moved to set aside the entry of default and default judgment and to quash service of summons. (ROA 26.) The Court granted the unopposed motion on September 29, 2021. (ROA 28.) The Court's ruling was based on Defendant's testimony that she had not resided at the address where a substituted service of summons and complaint was attempted for several years and thus...
2022.10.27 Motion to Set Aside Dismissal and Enter Judgment 146
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.10.27
Excerpt: ...es outside the presence of the court 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 o...
2022.10.27 Motion to Compel Site Inspection of Workplace 968
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.10.27
Excerpt: ... untimely. Plaintiff filed this action on June 6, 2019, alleging claims for disability discrimination, disability harassment, age discrimination, retaliation, failure to prevent discrimination/harassment, failure to engage in the interactive process, medical leave discrimination, wrongful termination, and violation of Health & Safety Code § 1278.5. On May 3, 2022, Plaintiff filed the operative Second Amended Complaint (“2AC”) which alleges e...
2022.10.27 Motion for Summary Judgment, Adjudication 588
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.10.27
Excerpt: ...paper or plastic tabs extending below the bottom of the page, bearing the exhibit designation. Failure to comply with this rule makes it cumbersome for the Court to review Defendant's exhibits and evidence in support of this motion. Factual and Procedural Background This action arises from Plaintiff John Sedgh, M.D. (“Sedgh” or “Plaintiff”) serving as a member of Defendant's Panel of Consultative Examiners (the “Panel”). The Panel det...
2022.10.27 Demurrer 810
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.10.27
Excerpt: ...Benjamin Vaden 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 Theodore Benjamin Vaden need not request oral argument. The Litigation Coordinator shall make plaintiff Theodore Benjamin Vaden available, by Zoom telephonically, at 9:00 a.m. on the date of the continued hearing date, w...
2022.10.26 Motion for Request for Counsel 674
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.10.26
Excerpt: ... 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 November 3, 2022, to participate in oral argument. To appear on Zoom telephonically, call (833) 568...
2022.10.26 Motion for Interlocutory Judgment, to Appoint Partition Referee 282
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.10.26
Excerpt: ...st in property located at 8000 Freeport Blvd., Sacramento (“Property”), and an owner of a one‐half contingent interest in the Property. Plaintiff alleges that Defendant Albert Wilson, Jr. Revocable Trust executed July 18, 2019 (“Trust”) is a trust entity, wholly within the control of Defendant Albert Wilson, Jr. ("Albert") (collectively “Defendants”) and a contingent owner of a one‐half (50%) interest in the Property. Plaintiff al...
2022.10.26 Motion for Final Approval Hearing 612
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.10.26
Excerpt: ... the settlement is fair, reasonable and adequate, in light of all of the circumstances. ( California v. Levi Strauss & Co. (1986) 41 Cal.3d 460, 471; Dunk v. Ford Motor Co. (1996) 48 Cal.App.4th 1794, 1801.) The trial court has broad discretion to determine whether a proposed settlement in a class action is fair, adequate, and reasonable. ( th Wershba v. Apple Computer (2001) 91 Cal.App.4th 224, 244, 245; Rebney v. Wells Fargo Bank (1990) 220 Cal...
2022.10.26 Motion for Attorney Fees 536
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.10.26
Excerpt: ...rayton and Doe Spouse Crayton (collectively, “Debtors”). Judgment was entered against Debtors originally in Arizona on July 18, 2019, and the judgment was entered as a sister state judgment in California on March 12, 2020. (ROA 4.) The judgment awarded “all costs and reasonable attorney fees incurred by Plaintiff after submission of this judgment for entry by the Court in collecting the amounts listed in this Judgment.” (See Arizona Judgm...
2022.10.25 Motion for Determination of Good Faith Settlement 170
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.10.25
Excerpt: ...rd amended complaint (“TAC”) is granted. In taking judicial notice of this document, the Court accepts the fact of its existence but not the truth of its contents. Defendant Initial Response Security, Inc.'s (“IRS”) request for judicial notice is also granted, with the same caveat. Background This is a personal injury case wherein Plaintiff Timothy Hayes (“Plaintiff”) alleges that he was physically attacked by three individuals while ...
2022.10.25 Application for Admission of Pro Hac Vice 118
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.10.25
Excerpt: ... to appear in a particular cause pending before a court of this state may, ‘in the discretion of such court' be permitted to appear as counsel pro hac vice. (Cal. Rules of Court, rule 9.40(a).)” (Sheller v. Superior Court (2009) 158 Cal.App.4th 1697, 1713.) However, a person is ineligible to appear as counsel pro hac vice if the person is (1) a California resident; (2) regularly employed in California; or (3) regularly engaged in substantial ...
2022.10.25 Demurrer 680
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.10.25
Excerpt: ...owing six causes of action: (1) race discrimination; (2) failure to prevent discrimination; (3) retaliation; (4) harassment; (5) negligent infliction of emotional distress (“NIED”); and (6) intentional infliction of emotional distress. Plaintiff is an African American man. (Complaint, ¶ 4.) Plaintiff has been employed as a senior custodian at UC Davis Medical Center since 2016, with duties that include cleaning the facility. (Complaint, ¶¶...
2022.10.25 Motion to Quash Service of Summons and Cross Complaint 608
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.10.25
Excerpt: ...rected to contact Plaintiff's counsel forthwith to advise counsel of Department 54's correct address, Local Rule 1.06, and the court's tentative ruling procedure. If Defendant is unable to contact Plaintiff's counsel prior to the hearing, Defendant shall be available at the hearing, in person or remotely (telephonically or by video conference via Zoom as stated in the introductory notice to today's tentative rulings), in the event Plaintiff's cou...
2022.10.25 Motion to Compel Arbitration 042
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.10.25
Excerpt: ... arises from or relates to Employee's application or candidacy for employment, employment and/or cessation of employment with Company, it will be submitted to final and binding arbitration before a neutral arbitrator." (Gordon Decl., Exh. A (“Agreement”), p. 1.) The Agreement covers "any claim, dispute, and/or controversy that either the employee or the company may have against each other arising from, related to, or having any relationship o...
2022.10.25 Motion to Compel Site Inspection 220
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.10.25
Excerpt: ...t also ordered the parties to submit a joint declaration one week before the hearing date describing their additional meet and confer efforts, which the parties have done. (See ROA 67.) The Court refers to its September 20, 2022 order for additional background on this matter. Based on the joint declaration, the Court is satisfied that the meet and confer efforts satisfy the requirements of the Discovery Act. However, the parties remain at an impa...
2022.10.25 Motion to Compel Deposition 402
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.10.25
Excerpt: ... of the Song‐Beverly Consumer Warranty Act (“Song‐Beverly”). Plaintiffs allege that the certified pre‐owned 2012 Dodge Grand Caravan that they purchased contained several defects, including defects in the engine and transmission. Plaintiffs further allege that they delivered the vehicle to an authorized repair facility, but Defendant was unable to conform the vehicle to the applicable warranties and also refused to repurchase the vehicl...
2022.10.20 Motion for Summary Judgment, Adjudication 636
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.10.20
Excerpt: ...ormer employment with Kenny G from January 2013 until her termination on April 2, 2018. Plaintiff filed the “Complaint ‐ Class Action” on May 15, 2019, alleging the following nine causes of action: (1) disability discrimination in violation of the Fair Employment and Housing Act (“FEHA”); (2) sex discrimination in violation of FEHA; (3) sexual harassment in violation of FEHA; (4) failure to prevent discrimination in violation of FEHA; (...
2022.10.20 Motion for Summary Judgment, Adjudication 360
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.10.20
Excerpt: ...nd the manner to request a hearing. If Defendant is unable to contact Plaintiffs prior to hearing, Defendant is ordered to appear at the hearing. This action arises from a vehicle collision that occurred on December 11, 2019. Plaintiffs Dainn Blue‐Mallonee and Connor Mallonee, a minor, by and through his Guardian ad Litem, Dainn Blue‐Mallonee (collectively, “Plaintiffs”) filed their Complaint on April 2, 2021. The operative Second Amended...
2022.10.20 Motion for Appointment of Counsel, for Leave to File Complaint 780
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.10.20
Excerpt: ...at Defendant battered them on property that was owned, managed or controlled by other co‐defendants in this action ("Owner Defendants"). Plaintiffs did not serve Defendant with a summons and complaint. (See Declaration of Diligence, ROA 12.) The Owner Defendants filed a cross‐complaint for indemnity and declaratory relief against Defendant on 12/14/2020. (ROA 22.) The Owner Defendants served a summons and cross‐complaint on Defendant. (ROA ...
2022.10.20 Demurrer 554
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.10.20
Excerpt: ... 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. In this lemon law action filed on May 9, 2022, Plaintiffs allege they purchased a “certifie...
2022.10.20 Application to Seal Record, Motion for Summary Judgment, Adjudication 422
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.10.20
Excerpt: ...ial Facts Support of Motion for Summary Judgment (ROA 167); and Declaration of Dominique A. Pollara in Support of Motion for Summary Judgment (ROA 168.) Defendants once again move to seal portions of the above documents because they include Plaintiff Domenica Manley's medical records and/or private medical information. Defendants previously moved to seal portions of their first motion for summary judgment (“MSJ”) filed on March 9, 2022. On Ju...
2022.10.19 Motion to Quash Service of Summons 518
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.10.19
Excerpt: ...tember 20, 2021. (ROA 7.) The summons and complaint were served on “Baria Khattab, Wife” at 2821 Sedge Ct, Elk Grove, CA 95757. The proof service on Precision shows that Precision was substitute served on November 8, 2021. (ROA 30.) The summons and complaint were served on "'John Doe Manager" at 9250 Big Horn Blvd STE 100, Elk Grove, CA 95758. Khattab moves to quash the summons and complaint on the ground that Khattab was not properly served ...
2022.10.19 Motion for Relief from Deemed Admissions 282
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.10.19
Excerpt: ...ed against Defendants. (ROAs 22‐23.) Defendants were not represented at that time. Plaintiff has a pending motion for judgment on the pleadings, interlocutory order, and appointment of partition referee scheduled for October 26, 2022. Plaintiff's motion for judgment on the pleadings is based on the matters deemed admitted. Defendants now seek relief from admissions pursuant to CCP §2033.300 on the grounds of “inadvertence, surprise, mistake,...
2022.10.18 Motion for Summary Judgment, Adjudication, to Seal Portions of Motion 758
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.10.18
Excerpt: ...alleges that she underwent a septorhinoplasty procedure on March 25, 2020 that was performed by Dr. Mabourakh. Plaintiff alleges that Dr. Mabourakh “carried out a substandard procedure that caused her multiple infections,” and that Dr. Mabourakh “failed to remove the stents from her nose which led to a staph Aureus infection.” (Complaint, Attachment to Cause of Action, p. 1.) Plaintiff further alleges that she had to undergo a second proc...
2022.10.18 Demurrers 138
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.10.18
Excerpt: ...partment of Corrections and Rehabilitation (“CDCR”) as a non‐custody stationary engineer with duties that included maintaining and repairing mechanical systems at High Desert State Prison (“HDSP”) in Susanville, California. (SAC, ¶¶ 12‐ 13.) On May 1, 2020, as part of his job duties, Plaintiff intended to access the roof of an administrative building at HDSP that was located outside the secured perimeter and adjacent to an armed gua...
2022.10.18 Motion to Quash Subpoenas Duces Tecum 764
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.10.18
Excerpt: ...th of their contents. (Sosinsky v. Grant (1992) 6 Cal.App.4th 1548, 1566.) Background This is an employment gender discrimination, retaliation, whistleblower retaliation, and failure to prevent action. Plaintiff alleges that she was employed by Defendants as the Chief Information Security Officer for the UC Davis Medical Center. She alleges that she was wrongfully terminated after making informal and formal complaints regarding internal practices...
2022.10.18 Motion to Authorize Deposition of Prisoner 942
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.10.18
Excerpt: ...ictorville, California. In this case, Plaintiffs allege that certain funds, of which Plaintiff East West Bank is beneficial owner, were illegally transferred by Ms. Carpoff and/or her husband as part of a Ponzi scheme to Defendant Segal & Associates, PC. Ms. Carpoff purportedly authorized the fraudulent transfer of $5,000,000 invested by East West Bank in the Carpoffs' investment fund from the fund to the trust account of The Strauss Law Firm. Of...
2022.10.18 Motion to Dismiss 310
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.10.18
Excerpt: ...ing several defendants and Does 1 through 100. CalHFA was not named as a defendant. Plaintiffs filed their first amended complaint on May 30, 2017, their second amended complaint on September 7, 2017, their third amended complaint on January 28, 2019, and their fourth amended complaint on June 17, 2019. CalHFA was not named as a defendant in any of these complaints. In each complaint, Plaintiff generally alleges Defendants committed fraudulent tr...
2022.10.12 Demurrer to TAC 482
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.10.12
Excerpt: ...st at the time oral argument is requested notify the clerk and opposing counsel of the causes of action that will be addressed at the hearing. The parties are also reminded that pursuant to local court rules, only limited oral argument is permitted on law and motion matters. *** Defendants Northland Group, Inc. (“Northland”), LVNV Funding, LLC (“LVNV”) and Resurgent Capital Services, L.P.'s (“Resurgent”) (collectively “Defendants”...
2022.10.11 Motion to Quash Deposition Subpoena 920
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.10.11
Excerpt: ...dant's motions raise the same issues. Thus, the Court rules on both motions in a single ruling, as follows. Background In this employment case, Plaintiff brings four causes of action under FEHA for (1) hostile work environment harassment; (2) retaliation; (3) discrimination; and (4) failure to prevent harassment, retaliation, and/or discrimination. Plaintiff is a Hispanic gay male with a disability and alleges he was harassed and discriminated ag...
2022.10.11 Motion to Compel Production of Exhibits Used During Deposition 818
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.10.11
Excerpt: ...sition was conducted remotely via Zoom on two separate days: August 10 and August 23. During the August 10 session, Plaintiff's counsel attached three documents as exhibits and labeled them Exhibits A‐C. Exhibit B consisted of 252 pages of Plaintiff's medical records for her treatment with Dr. Siy. Exhibit C consisted of six pages of Plaintiff's employment records. These documents were provided to the court reporter to attach to the deposition ...
2022.10.11 Motion to Compel Further Responses 970
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.10.11
Excerpt: ...uses of actions against defendants challenging the foreclosure and seeks compensatory and punitive damages. (See ROA 236.) On March 31, 2022, Defendant served Plaintiff with form interrogatories, set one. After being granted an extension to respond, Plaintiff served responses and objections on May 26, 2022. On July 5, 2022, counsel for Defendant sent a meet and confer letter to Plaintiff's counsel related to several of Plaintiff's responses to th...
2022.10.11 Motion to Compel Further Responses 718
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.10.11
Excerpt: ...tiff initiated this action against Mr. Marsh and Marsh Property Solutions, LLC on July 7, 2021. (Androvich Decl., ¶ 3.) At some point thereafter, Plaintiff's counsel learned from defense counsel that Defendant would be asserting a sudden medical emergency defense. (Androvich Decl., ¶ 4.) Plaintiff subsequently served written discovery on January 14, 2022, which included a request for all of Defendant's medical records for the five years prior t...

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