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Judge: Krueger, Christopher E x
2021.09.22 Motion to File SAC 220
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.09.22
Excerpt: ...fficer. Santos served at Defendant State of California, Department of Forestry and Fire Protection (“Cal Fire”) between 2011 and 2016. In 2015, Cal Fire suspended Santos' peace officer status pending an administrative investigation. Cal Fire served Santos with a Notice of Adverse Action in April 2016 and dismissed him soon after. At some point, Cal Fire notified POST of Santos' dismissal, and POST changed Santos' peace officer status to “te...
2021.09.22 Application for Writ of Attachment 980
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.09.22
Excerpt: ...d into commercial lease (“Lease”). Lal and Nijjar are collectively referred to herein as “Defendants.” The purpose of the Lease was to operate a liquor store. On December 31, 2018, Nijjar executed a guaranty agreement (“Guaranty”), personally guaranteeing the obligations of Lal under the Lease. The Lease was to commence February 1, 2019. Pursuant to the Lease, Defendants agreed to pay $2,123 in base monthly rent beginning August 1, 20...
2021.09.22 Motion for Protective Order 314
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.09.22
Excerpt: ...sked Gabi to see the books and records for HnH. Gabi performed accounting services for HnH from 2005 through 2017. In response to the request Gabi threatened to expose personal and embarrassing information about Hindy to his friends and family and to falsely tell his community that he was committing crimes like money laundering through HnH. Hindy alleges that in reality, it was Defendants Gabi, Deloris Habibeh (“Deloris”) and Blessed Family T...
2021.09.22 Demurrer 680
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.09.22
Excerpt: ...erview Plaintiff is the beneficiary of, and the Successor Trustee of the Morris 1997 Family Trust (“Trust”). Plaintiff's mother, June Morris (“June”) was a settlor of the Trust. Plaintiff alleges that in June 2015, June acquired property on behalf of the Trust (“Property”). The Property is within a Common Interest Development for which the HOA acted as a Homeowners Association. Plaintiff alleges that Omni was an agent of and acted as ...
2021.09.21 Motion to Set Aside Default, Judgment 224
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.09.21
Excerpt: ...tended to defendant. The proof of service filed on 11/16/2009 indicates the summons & complaint were served on defendant Hobdy by substituted service on “Jane Doe,” described as 50 year old female with black hair, brown eyes, weighing 160 pounds and being 5'5” tall, at 4938 49th Street in Sacramento on 11/5/2009. A default was subsequently entered against defendant Hobdy on 3/12/2010, followed by a default judgment of nearly $7,000. In 2019...
2021.09.21 Motion to Compel Further Responses 506
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.09.21
Excerpt: ...ly to complete the meet‐and‐ confer process in light of the Court's commentary on this discovery dispute but also to file no later than 9/3/2021 a joint statement for the Court. According to the declaration from defendants' counsel, plaintiff in pro per Vick declined to participate in not only the requisite meet‐and‐confer process but also the preparation of the requested joint statement from the parties. The Court now rules as follows. *...
2021.09.21 Motion to Amend Default Judgment 436
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.09.21
Excerpt: ... the parties entered into in December 2019. Plaintiff commenced this action in May 2020 and personally served defendant in July 2020. Having not received any answer to complaint, plaintiff served by mail to Maryland (where defendant had relocated) a request for default and default judgment on 8/24/2020. According to the Court's file, both the default and default judgment were entered on 8/25/2020. The $12,861 judgment was in the principal amount ...
2021.09.16 Motion to Tax Costs 784
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.09.16
Excerpt: ...nt Olam West Coast, Inc. (“Olam”) filed a Memorandum of Costs on Appeal and requested $1,435,383.18 in costs ($1,469.50 for filing fees, $124.18 for preparation of reporter's transcript, $125.50 for transmitting, filing, and serving of record, briefs, and other papers, and $1,433,664.00 for premium on any surety bond on appeal). Plaintiff's motion is mainly brought to obtain proof that the costs claimed were actually incurred. In particular, ...
2021.09.16 Motion for Final Approval of Class Action and PAGA Settlement 778
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.09.16
Excerpt: ...nd‐hour provisions. The class is defined as: “All nonexempt employees who have or continue to work for Defendant in California from August 4, 2016 through the earlier of either June 15, 2021 or the Preliminary Approval Date.” (Exhibit A at ¶¶ 1.3 and 1.9.) Defendant Von Housen's Sacramento, Inc. filed a notice of non‐opposition to the motion. In approving a class action settlement, the Court is to determine whether the settlement is fai...
2021.09.16 Demurrer, Motion to Strike 806
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.09.16
Excerpt: ...rain warranty, and a 10‐ year 120,000 mile warranty extension. (Id. at ¶ 10.) Plaintiff alleges that, “during the express warranty period, the Vehicle developed various defects, including but not limited to, defects related to the power train system, including the engine, and/or transmission; and other defects.” (Id. at ¶ 11.) On or about October 27, 2020, Plaintiff presented the car to Defendant's repair facility with various concerns in...
2021.09.16 Demurrer 432
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.09.16
Excerpt: ...arly identical grounds. Therefore, in the interest of efficiency, both Demurrers are addressed in this single tentative ruling. NY Life and Kaneski's Demurrers are both SUSTAINED WITHOUT LEAVE TO AMEND for the following reasons. Procedural History This is NY Life's third Demurrer and Kaneski's first Demurrer. The Court sustained NY Life's first demurrer as to the sixth cause of action for receipt and possession of stolen property in violation of ...
2021.09.15 Motion for Summary Judgment 402
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.09.15
Excerpt: ...nd automobile accident in Folsom, California. Included within the Extended Benefits Coverage are two separate types of coverage: Wage Earner Disability Benefits and Essential Services Disability Benefits. Generally, Wage Earner Disability Benefits coverage applies to an insured's claimed lost wages during a time of total disability caused by an automobile accident. Essential Services Disability Benefits coverage applies to expenses incurred by an...
2021.09.15 Demurrer 032
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.09.15
Excerpt: ...parties 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 the responding parties prior to hearing, moving counsel is ordered to appear at the hearing. Defendant's request for judicial notice of Botox Cosmetic labels accessed via the FDA website is unopposed, but is denied as these are not the proper subject of judicial notice. “Simply because...
2021.09.14 Demurrer 708
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.09.14
Excerpt: ...*** Defendant United Parcel Service, Inc.'s (“UPS”) demurrer to Plaintiff Madisun Eisenbeis' (“Plaintiff”) complaint is ruled upon as follows. Overview Plaintiff alleges that sometime before 7/5/2020, she applied for work with UPS. She alleges that UPS, through co‐defendant Kevin Hollingsworth (“Hollingsworth”), offered her a position as a personal vehicle driver. At the time of the offer UPS knew that Plaintiff was employed elsewhe...
2021.09.14 Motion for Summary Judgment 978
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.09.14
Excerpt: ...ich is claimed to show the existence or non‐existence of a triable issue of material fact. *** Defendant Gregg Haworth's (“Defendant”) motion for summary judgment is ruled upon as follows. Overview This is an action concerning the sale of real property (“Property”). Plaintiff initially acted in pro per and filed his verified complaint on 5/7/2019 on a Judicial Council form. Plaintiff alleges that on 11/15/2016, he entered into a written...
2021.09.14 Motion to Tax Costs 200
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.09.14
Excerpt: ... of a peremptory writ with the Third District Court of Appeal, which Judge Burger‐Plavan granted. (ROA 181.) Plaintiff filed a peremptory writ, and the Third District Court of Appeal issued a peremptory writ of mandate directing the respondent court to vacate the order granting the motion for judgment on the pleadings. (ROA 187.) The Remittitur and Order were issued and served on 4/6/2021. (ROA 187.) Due to court congestion, the Remittitur was ...
2021.09.09 Motion for Preliminary Injunction 592
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.09.09
Excerpt: ...ion of this motion. Overview This is an action between neighbors. Defendants' property sits 15‐20 feet above Plaintiffs' property to the north on a hill. Plaintiffs allege that “[Defendants] Wills have taken advantage of the natural contours between their two respective properties to install drainage tubes that direct all of their dog‐feces contaminated water runoff on to the Reeds' property, befouling the Reeds' backyard and destroying the...
2021.09.09 Motion for Preliminary Injunction 312
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.09.09
Excerpt: ...lso authorizing three particular members of the Association's Board of Trustees to take control of the Association's accounts held at Chase Bank is ruled on as follows. Both moving and opposing counsel failed to comply with CRC Rule 3.1110(b)(3)‐(4). Factual Background This action arises from a dispute relating to the control of the assets including bank accounts of the Association, a nonprofit corporation formed for the purpose of becoming the...
2021.09.08 Motion to Compel Further Responses 366
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.09.08
Excerpt: ... One, is DENIED. This matter involves an agreement in which Plaintiffs hired CEE to construct gas processing facilities. Disputes have since arisen over, among other things, the cost of the facilities and obligations to pay. On May 3, 2021, Plaintiffs served Requests for Admissions, Set One. (Block Decl. ¶ 6.) CEE served written responses on June 2, 2021. (Block Decl. ¶ 7.) The parties then met and conferred and agreed any supplemental response...
2021.09.08 Motion for Protective Order 298
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.09.08
Excerpt: ...ing sourdough bread. Until 2016, Plaintiffs operated their sandwich restaurants under a license issued by Defendants, which allowed Plaintiffs to use Defendants' trademarks. Pursuant to the license, Plaintiffs promoted their restaurants under the name “Sourdough & Co.” Plaintiffs terminated their licenses in 2016 and executed new licenses with WCSD, Inc. Plaintiffs then began operating their restaurants under the name and brand “West Coast ...
2021.09.08 Demurrer 892
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.09.08
Excerpt: ...follows. Defendants request for judicial notice is granted. Plaintiff originally filed this purported class action on February 19, 2021, alleging claims for failure to pay wages, failure to provide meal and rest periods, failure to provide accurate itemized wage statements, failure to pay wages on termination, and unfair business practices. (ROA 1.) Plaintiff then filed the operative Amended Complaint on April 29, 2021, which alleges only a singl...
2021.09.07 Motion to File SAC 498
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.09.07
Excerpt: ... at that time was the bankruptcy estate of Rock Ridge Properties, Inc. for Bankruptcy Case No. 15‐29103‐D ‐7 filed in the United States Bankruptcy Court for the Eastern District of California. The trustee of the bankruptcy estate was Susan K. Smith (“Smith”). In January 2019 Smith indicated that she was going to sell the Property to use the proceeds to pay creditors of the bankruptcy estate. Such a sale would have had the effect of canc...
2021.09.07 Motion for Summary Judgment, Adjudication 528
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.09.07
Excerpt: ...g and 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. *** Defendants James Koch and Yvonne Koch's (“Defendants”) motion for summary judgment, or in the alternative, summary adjudication is ruled upon as follows. This is a personal injury action. Plaintiff Anita Lamb (“Plaintiff”) alleges that on October 25, 2017, she tripped on a co...
2021.09.07 Motion for Contempt for Failure to Comply with Court Order 256
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.09.07
Excerpt: ...ement to produce documents in response to requests for production sets one, two, and three. The court's ruling stated in its entirety: “Plaintiff's motion to compel Defendant Hunter Services, Inc.'s (“Hunter”) compliance with its agreement to produce documents in response to requests for production sets one, two, and three is ruled upon as follows. The court observes that Hunter filed a untimely “non‐opposition” to the motion. The “...
2021.09.02 Demurrer 612
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.09.02
Excerpt: ...o reminded that pursuant to local rules, only limited oral argument is permitted on law and motion matters. *** Factual Background This putative class action commenced on 3/16/2021 arises from a data breach involving “Private Financial Information” (“PFI”) consisting of customer names, addresses, dates of birth, social security numbers and account information. The 1AC asserts that an employee of Bank downloaded customer data to a personal...
2021.09.02 Demurrer 778
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.09.02
Excerpt: ...e three specific grounds for this demurrer 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. *** The notice of demurrer does not provide notice of the Court's tentative ruling system, as required by Local Rule 1.06, nor does it provide the correct address for Dept. 53/54. Moving counsel is directed to contact opposing counsel ...
2021.09.02 Motion to Strike FAC 612
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.09.02
Excerpt: ...FI”) consisting of customer names, addresses, dates of birth, social security numbers and account information. The 1AC asserts that an employee of Bank downloaded customer data to a personal storage drive and then sent the information to a third party, thereby exceeding his/her authorized access to the data which was otherwise limited to “legitimate bank purposes.” (1AC, ¶1.) According to the 1AC, Bank discovered the breach on 9/29/2020 bu...
2021.09.01 Motion for Summary Judgment, Adjudication 710
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.09.01
Excerpt: ...lations Board (“NLRB”) alleging retaliation in engaging in concerted activity to improve working conditions. The NLRB dismissed Plaintiff's charge that she was placed on administrative leave in retaliation for concerted protected activities. Plaintiff thereafter filed her complaint in this Court alleging five causes of action: (1) Violation of Labor Code § 1102.5; (2) Violation of Labor code § 6310; (3) Failure to Provide Adequate Meal and ...
2021.09.01 Motion for Summary Judgment, Adjudication 479
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.09.01
Excerpt: ...le on Plaintiff's "Objection to Defendants' Objections to Evidence." Plaintiff's Failure to File Responsive Separate Statement At the outset, the Court notes that a self‐represented party is to be treated like any other party and is entitled to the same, but no greater consideration than other litigants and attorneys. (Williams v. Pacific Mutual Life Ins. Co. (1986) 186 Cal.App.3d 941, 944.) Thus, as is the case with attorneys, self‐represent...
2021.09.01 Motion for Final Approval of Class Action Settlement 736
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.09.01
Excerpt: ...) This is a class and representative action alleging Defendant Safe Credit Union violated a number of wage‐and‐hour provisions. The class is defined as “All current and former California non‐exempt employees of Defendant within California who worked at least one shift at any time between July 30, 2015 and January 8, 2021.” Defendant filed a Statement of Non‐Opposition to both motions. In approving a class action settlement, the Court ...
2021.08.31 Motion to Strike SAC 126
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.08.31
Excerpt: ...or 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. Defendant Singh's request for judicial notice of his Driver Logs is DENIED as the docum...
2021.08.31 Motion for Summary Judgment, Adjudication 854
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.08.31
Excerpt: ...ided the cat needed an injection. "The employees put a blanket over the head of the Plaintiff's cat. One employee held the Plaintiff's cat's head and neck and then asked Plaintiff to hold her cat's rear legs, and Plaintiff did so. As an employee was getting ready to inject the Plaintiff's cat, the Plaintiff's cat turned and bit Plaintiff's right hand." (First Amended Complaint, ¶ IX.) Plaintiff alleges a single claim for personal injuries based ...
2021.08.31 Motion for Leave to File FAC 584
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.08.31
Excerpt: ...g system. If moving counsel is unable to contact the opposing parties prior to hearing, moving counsel is ordered to appear at the hearing. This action arises from an alleged an assault and battery. Plaintiff filed his complaint on December 17, 2019, alleging claims for negligence per se, assault, battery, and intentional infliction of emotional distress against defendant Bryan Hart (“Hart”) and alleging claims for negligence against defendan...
2021.08.31 Demurrer 088
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.08.31
Excerpt: ... leave to amend. Paul is incarcerated and both Plaintiffs are proceeding in pro per. Plaintiffs filed the Complaint for civil rights violation, cruel and unusual punishment, negligence, and breach of duty on February 8, 2021. Paul alleges he was subjected to deliberate indifference in violation of the Eighth Amendment (cruel and unusual punishment) when attacked in prison on January 24, 2020, and that Defendants were negligent because the unnamed...
2021.08.25 Motion for Summary Adjudication 980
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.08.25
Excerpt: ...The hearing date shall automatically be continued one week plus one court day for oral argument. The continuance date will always be an appearance required hearing so that Plaintiff need not request oral argument. The Litigation Coordinator shall make Plaintiff available, by Zoom, telephonically, at 9:00 a.m. on the date of the continued hearing date, which is August 25, 2021, to participate in oral argument. To appear on Zoom telephonically, cal...
2021.08.24 Motion for Compliance and for Evidentiary or Issue Sanctions 778
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.08.24
Excerpt: ...mber 12.1 asked GM to identify witnesses and individuals who witnessed the "INCIDENT," made statements, or have knowledge of the "INCIDENT." GM objected, but also responded: "Other than (i) Plaintiffs, (ii) employees of the dealership(s) where the vehicle was serviced, and (iii) GM call center advisors with whom Plaintiffs may have communicated regarding the SUBJECT VEHICLE, GM is not aware of any other individuals who have information. According...
2021.08.24 Motion for Preliminary Approval of Class Action and PAGA Settlement 794
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.08.24
Excerpt: ...uality Water Management, Inc.'s and Josh Brown's (collectively, “Defendants”) purported failure to pay overtime and minimum wages, failure to provide meal and rest periods, and failure to provide accurate wage statements. Plaintiff further alleged Defendants' policies and practices resulted in unfair competition and violated PAGA. Defendants deny the allegations, but the parties have been able to reach a compromise. Settlement Class Definitio...
2021.08.24 Motion for Protective Order 458
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.08.24
Excerpt: ...(“PMK”) regarding insurance provisions in the 2018 contract between WCA and CCSD. CCSD has filed a concurrent motion to compel the same depositions and request for sanctions. As the motions involve the same two depositions and substantially similar issues and arguments, the Court will address both motions in this single ruling as follows. Factual and Procedural Background This action arises out of an incident that occurred on July 14, 2018, w...
2021.08.24 Motion to Dismiss 726
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.08.24
Excerpt: ...deral Action Plaintiff Shannon Dockery (“Plaintiff”) filed an action on March 9, 2021, in the United States District Court for the Eastern District of California, Dockery v. Frontier Communications Corp., No. 2:21‐cv‐416‐ TLN, in which she seeks to represent a nationwide class and a California statewide class (the “Federal Action”). Plaintiff's original Complaint in the Federal Action Plaintiff alleged 13 causes of action under the ...
2021.08.19 Motion to File FAC 830
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.08.19
Excerpt: ... Rite Aid store located at 6661 Auburn Boulevard, Citrus Height, California. As Decedent entered the store, she was knocked to the floor by fleeing robbers of the pharmacy causing Decedent to suffer serious injuries which ultimately caused her demise. Decedent was urgently hospitalized for said injuries and died on December 2, 2017. They further allege that Defendants Thrifty Payless, Inc. d.b.a Rite Aid (“Defendant”) “had actual and/or con...
2021.08.19 Motion for Summary Judgment, Adjudication 098
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.08.19
Excerpt: ...at the hearing and 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. *** Defendant Terminix International Company Limited Partnership's (“Terminix”) motion for summary judgment, or in the alternative, summary adjudication is ruled upon as follows. Overview This action is essentially a landlord/tenant dispute due to a bed‐bug infestation...
2021.08.18 Motion for Attorney Fees 788
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.08.18
Excerpt: ... vehicle had not been involved in any collisions. Based on this representation, plaintiffs agreed to purchase the vehicle and executed a Retail Installment Sales Contract (“RISC”) pursuant to which plaintiffs made a $1,500 down payment and financed the remainder of the $11,988 purchase price plus taxes and other fees. This RISC was later assigned to Westlake Services, LLC (“WSL”). Plaintiffs subsequently discovered the vehicle had been in...
2021.08.18 Demurrer 460
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.08.18
Excerpt: ...clerk and opposing party of the specific issues and/or causes of action that will be addressed at the hearing. The parties are reminded that pursuant to local rules, only limited oral argument is permitted on law and motion matters. *** Background This action arises out of plaintiff's imprisonment following his 2003 conviction for arson, for which he was sentenced to 21 years in state prison as well as 16 months for probation violation. Plaintiff...
2021.08.17 Petition to Compel Arbitration and Stay Action 556
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.08.17
Excerpt: ...Plaintiffs allege that Defendants provided negligent pre‐natal care and failed to provide adequate care related to Night‐Naiome's delivery. At the time of Night‐Naiome's birth, Mr. and Mrs. Pearson were enrolled as members of Kaiser Foundation Health, Inc. under a group membership agreement between Kaiser and Mr. Pearson's union. When Mr. Pearson enrolled himself and his wife in the health plan, he completed an Active Plan and Special Plan ...
2021.08.17 Motion to Compel Discovery Responses 168
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.08.17
Excerpt: ...ctions filed with Plaintiffs' reply because the matters objected to were not material to the Court's determination of this motion. Overview This is a personal injury action arising out of an accident between two trucks. Hall is sued as an individual doing business as Panther Pilot Car. Hall was following one of the trucks involved in the accident performing pilot car services for the second truck. On April 30, 2021, Plaintiffs served form interro...
2021.08.17 Motion for Protective Order 522
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.08.17
Excerpt: ...biting his deposition until he is cleared by his treating physicians to appear for deposition. Mr. Sanders is 92 years old, suffers from hearing loss and has dementia. In the moving papers, Mr. Sanders argues he did not witness the subject accident and he was not involved in the subject accident. Mr. Sanders submitted a declaration of his physician, Chor Vang, signed under penalty of perjury that states: 3. Over the past several years, I have obs...
2021.08.17 Demurrer, Motion to Strike 652
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.08.17
Excerpt: ...d Lane, Sacramento, CA 95833 and the ARCO/AMPM gasoline station operating on the real property. Plaintiff alleges that her husband assisted her, but neither Plaintiff nor her husband were experienced in the gas station business and relied on Chandi's representations about his extensive experience in such dealings in entering the transaction. Plaintiff contributed $900,000 towards the purchase. The real property and gas station were purchased in t...
2021.08.12 Motion for Approval of Post Judgment Attorney Fees 436
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.08.12
Excerpt: ...ered the judgment in the amount of $60,000. (ROA 40.) Since that time, Plaintiff has engaged in efforts to enforce the judgment against Defendants. Plaintiff now seeks $185,400 in attorneys' fees and $2,119 in costs for enforcing the Judgment. Under California law, “[t]he judgment creditor is entitled to the reasonable and necessary costs of enforcing a judgment. Attorney's fees incurred in enforcing a judgment are not included in costs collect...
2021.08.12 Demurrer 718
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.08.12
Excerpt: ...elthea Moriswala, Trustees of the Moriswala Revocable Trust's (collectively “Defendants”) demurrer to Plaintiffs' complaint is ruled upon as follows. Overview This is a landlord/tenant dispute. Pro per Plaintiffs Brandon Slagle and Lynda Slagle (collectively “Plaintiffs”) allege that they leased the property from Defendants, with Defendants representing that the property had no habitability defects. The property, however, had the followin...
2021.08.12 Motion for Summary Judgment, Adjudication 400
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.08.12
Excerpt: ...ce which is claimed to show the existence or non‐existence of a triable issue of material fact. *** Defendant California Department of Corrections and Rehabilitation's (“CDCR”) motion for summary judgment, or in the alternative, summary adjudication is ruled upon as follows. The court observes that in its answer and demurrers to the second and third amended complaint, CDCR identifies itself as “Defendant, California Department of Correcti...
2021.08.12 Motion for Summary Judgment, Adjudication 786
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.08.12
Excerpt: ... and 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. *** Defendants California Department of Corrections and Rehabilitation (“CDCR”) and California Correctional Health Care Services' (“CCHCS”) (collectively “Defendants”) motion for summary judgment, or in the alternative, motion for summary adjudication is ruled upon as follows....
2021.08.11 Motion to Compel Further Responses 872
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.08.11
Excerpt: ...ed at the hearing. The parties are also reminded that pursuant to local rules, only limited oral argument is permitted on law and motion matters. *** The notice of motion does not provide notice of the Court's tentative ruling system, as required by Local Rule 1.06, and does 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...
2021.08.11 Motion to Compel Further Responses 506
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.08.11
Excerpt: ... parties to meet‐and‐ confer in person or by telephone regarding the disputed discovery requests and responses. According to the moving papers, defendants' counsel mailed on 6/11/2021 a letter to plaintiff in pro per regarding a variety of claimed deficiencies in plaintiff's responses to certain Special Interrogatories and to Requests for Production and requesting plaintiff to provide further responses to same. However, the opposition contend...
2021.08.11 Motion for Summary Judgment 458
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.08.11
Excerpt: ...Undisputed Material Facts, plaintiffs' 59 Additional Material Facts, defendant/cross‐complainant CCSD's 71 Additional Material Facts and/or WCA's 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. *** Moving and both opposing counsel failed to comply wi...
2021.08.11 Demurrer 740
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.08.11
Excerpt: ...addressed at the hearing. Counsel are also reminded that pursuant to local rules, only limited oral argument is permitted on law and motion matters. *** Plaintiff's counsel is admonished for citing at Page 8:20 of the opposition the unpublished decision of Bennett v. City of Visalia (2002) 2002 Cal.App.Unpub Lexis 2406; 2002 WL 501515, which decision is not citable (except as permitted by CRC Rule 977(B)). Factual Background This action arises fr...
2021.08.11 Demurrer 028
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.08.11
Excerpt: ...“Plaintiff” or “Hogan”) was approached in September 2016 by CMI to manufacture sheets called “Top Skins” for CMI's customer, Newport (MKS's wholly owned subsidiary). Under the arrangement CMI would source the alloy products and Hogan would manufacture, pack and ship them to Newport. CMI and Plaintiff signed two letters of intent that recognized Plaintiff's need to purchase equipment in order to meet the desired production requested by...
2021.08.10 Motion for Summary Judgment, Adjudication 740
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.08.10
Excerpt: ...appear to be directed at the declaration of a Wells Fargo employee, but Wells Fargo is not a party to this action and did not file any declarations in support of this motion. Therefore, the Court will not consider Defendant's objections. (See Hodjat v. State Farm Mut. Auto Ins. Co. (2012) 211 Cal.App.4th 1, 8‐9.) Request for Judicial Notice Plaintiff's Request for Judicial Notice is GRANTED. Defendant's Failure to File Responsive Separate State...
2021.08.10 Motion for Summary Adjudication 980
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.08.10
Excerpt: ...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 August 18, 2021, to participate in oral argument. To appear on Zoom telephonically, ca...
2021.08.10 Demurrer 775
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.08.10
Excerpt: ...eve Brinsmead was at a bus stop designated by Defendant EGUSD waiting to be picked up and transported to school on an EGUSD bus. EGUSD provided bus transportation and Brinsmead rode bus number 169 from the Kavala Ranch bus stop in Rancho Cordova, CA to Pleasant Grove High School. Bus number 169 was scheduled to pick up Brinsmead at approximately 6:40 a.m., but Plaintiffs allege the bus failed to arrive and Brinsmead did not receive any instructio...
2021.07.29 Motion for Sanctions 228
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.07.29
Excerpt: ...nopposed and which this Court granted on November 17, 2020. (ROA 31.) In that ruling, the Court ordered responses to be served by December 30, 2020. Defendant thereafter served responses, stating that it would produce documents responsive to the requests. Plaintiff contended that none of the documents were produced as promised and thereafter filed another motion to compel, which also was unopposed and was granted in part on April 22, 2021. (ROA 5...
2021.07.29 Motion for Summary Judgment, Adjudication 682
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.07.29
Excerpt: ...Leaf, Inc. (“TL”) is the sublessee. In November 2017, CMS Woodlake Property LLC (“CMS”), as lessor, and STDO as, lessee, entered into a written lease for the Property pursuant to a Master Lease (“Master Lease”). In December 2017, STDO, as sublessor, and TL, as sublessee, entered into a written lease (the “Sublease”) and First Addendum thereto. The Sublease incorporated by reference and is subject to the Master Lease. The Master Le...
2021.07.29 Motion for Summary Judgment, Adjudication 778
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.07.29
Excerpt: ... Request for Judicial Notice submitted with its Reply is DENIED. All evidence in support of a motion must be served along with the notice of motion and points and authorities. (CCP § 1005(b).) Supplemental Declaration of Kimberly A. Worley All evidence in support of a motion must be served along with the notice of motion and points and authorities. (CCP § 1005(b).) Defendant filed a second declaration of counsel with their Reply that attached t...
2021.07.28 Demurrer, Motion to Stay Proceedings 756
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.07.28
Excerpt: ...l 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. Factual Background This action arises out of plaintiff's employment with defendant. Plaintiff's complaint filed on 1/20/2021 asserts “on behalf of the State of California, as a private attorney general” a...
2021.07.27 Motion to be Relieved from RFAs 500
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.07.27
Excerpt: ... from the original April 22, 2021 hearing date but did not serve responses by the May 25, 2021 hearing date. Sewell now seeks to be relieved from the order pursuant to CCP § 2033.300(a) Sewell, then acting in propria persona at the time the discovery at issue was propounded and the prior order issued, declared that he sought the assistance of the Sacramento County Legal Aid Society regarding the requests for admissions and the motion to deem mat...
2021.07.27 Motion for Summary Adjudication 296
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.07.27
Excerpt: ... 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). Defendant Faces, Inc.'s Motion for Summary Judgment and alternative Motion for Summary Adjudication are both DENIED for the following reasons. Objections Plaintiff and Defendant did not file any objections. Facts On March 24, 2019, Plaintiff ...
2021.07.27 Motion for Preliminary Injunction, to Strike (SLAPP) 224
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.07.27
Excerpt: ...ve, California, known as Precision M.D. Cosmetic Surgery Center (“Precision”). MKI formerly owned and operated Precision. (FAC ¶ 7.). Dr. Khattab practiced medicine at Precision, but his medical license was suspended in May of 2020. Dr. DeWeese currently operates Precision. Defendant Mahmoud Ali Ibrahim was Executive Director of Precision and defendants Trinity Pankowski and Kayla Straw were registered nurses (collectively, “Defendants”)...
2021.07.27 Motion for Preliminary Injunction 944
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.07.27
Excerpt: ...iff Moore and directors/former directors of the Board of Directors, on April 24, 2021, the Board called a special meeting set for April 27, 2021 for the purpose of removing Plaintiff Moore as a director and officer of the corporation. On April 27, 2021, a vote was taken and Plaintiff Moore was removed from the board by majority vote. On May 1, 2021, the Board sent a written warning to Plaintiff Moore informing her that she had to refrain from ema...
2021.07.22 Motion to File SAC 148
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.07.22
Excerpt: ...d causes of action for breach of warranty of habitability, breach of contract, breach of the covenant of quiet enjoyment, private nuisance, premises liability, negligence, retaliation, construction eviction, and unfair business practices. Plaintiffs' attorney withdrew from this case in February of 2020 and on 6/24/2020, one of the named defendants' demurrer to plaintiffs' complaint was sustained with leave to amend no later than 7/6/2020. On 7/7/...
2021.07.21 Motion for Determination of Good Faith Settlement 394
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.07.21
Excerpt: ...calendar.) The Court fully incorporates herein its ruling on Plaintiff's motion for good faith settlement. (Item # 2 on today's calendar.) Overview This action involves the construction of the Hampton Inn, a four‐story hotel, and specifically a defective HVAC system known as the Daikin VRV‐II system (“VRV‐II” or “HVAC System”). Plaintiff Folsom Lodging, LLC (“Plaintiff”) alleges that it contracted with Poelman in 2007 for the ne...
2021.07.21 Demurrer 342
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.07.21
Excerpt: ...dants Roman Smolevskiy, Vladyslav Rozumnyy, and dba A+ Construction Pro's (collectively “A+ Construction”) demurrer to Defendant/Cross‐Complainant Pacific Properties Group, Inc.'s (“PPG”) cross‐complaint (“XC”) is ruled upon as follows. Overview This is a personal injury action. In their first amended complaint (“FAC”), Plaintiffs Yekaterina Kucher (“Yekaterina”) and Vlad Kucher allege that PPG is the owner of property loc...
2021.07.20 Motion to Set Aside Summary Adjudication 046
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.07.20
Excerpt: ... 2019. Following a fall while being “transferred,” Ms. Baker complained of severe leg pain and was taken to Kaiser Hospital where she was diagnosed with a right tibial plateau fracture. The leg was placed in a splint and Ms. Baker was given pain medication before returning to Fair Oaks Estates. The next day Ms. Baker returned to Kaiser, which noted multiple medical problems unrelated to the tibial fracture and changed her pain medication befo...
2021.07.20 Motion for Summary Adjudication 746
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.07.20
Excerpt: ...ill 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. The parties are also reminded that pursuant to local Court rules, only limited oral argument is permitted on law and motion matters. *** The notice of motion does not provide notice of the Court's tentative ruling system, as req...
2021.07.15 Motion for Protective Order 090
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.07.15
Excerpt: ...ntire Federal Insurance Company claims file regarding this matter from 01/01/2020 to the present, except for attorney client correspondence and attorney work product.” (Yuster Decl., Ex. 1 [underline emphasis added].) Following an unsuccessful meet and confer, Plaintiff filed this motion and requests that Ms. Brown be precluded from testifying and having to produce any documents in response to the deposition notice. Plaintiff argues that Ms. Br...
2021.07.15 Motion for Summary Judgment, Adjudication 548
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.07.15
Excerpt: ...rt's consideration of the motion. (CCP § 437c(q).) Requests for Judicial Notice Defendant's Request for Judicial Notice is GRANTED pursuant to Evidence Code § 452(h). Plaintiff did not submit a Request for Judicial Notice. Reply Declaration of Alan M. Laskin All evidence in support of a motion must be served along with the notice of motion and points and authorities. (CCP § 1005(b).) Defendant filed a second declaration of counsel with their R...
2021.07.15 Motion to File FAA 710
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.07.15
Excerpt: ...f filed a verified complaint. On May 25, 2018, Plaintiff filed a verified first amended complaint for damages. On June 28, 2018, Defendant filed a verified answer. Trial is currently set for October 5, 2021. According to Defendant, the parties have conducted substantial discovery and Defendant concluded the third volume of Plaintiff's deposition on September 30, 2020. Defendant states that it learned during Plaintiff's deposition that claims brou...
2021.07.15 Motion to Enforce Court Order 282
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.07.15
Excerpt: ...the stay. The bankruptcy court has granted Plaintiff's motion for release from stay. Thus, the court may now hear the merits of the motion. The original tentative ruling from 1/12/2021 is repeated below. Defendant Scott Pierce's (“Pierce”) “motion to enforce order" is ruled upon as follows. This is an action for breach of guarantee. On 1/13/2020, the court granted Plaintiff Associate Materials, LLC's (“AML”) application for writ of atta...
2021.07.15 Motion to Quash Service of Summons 634
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.07.15
Excerpt: ... subject to judicial notice. “Simply because information is on the Internet does not mean that it is not reasonably subject to dispute.” (Huitt v. Southern California Gas Co. (2010) 188 Cal.App.4th 1586, 1605, fn. 10.) Complaint Allegations and Service This lawsuit primarily involves a dispute between business partners involving a truck used for hauling cargo. Plaintiff's Complaint also stems from a single‐vehicle accident involving the sub...
2021.07.15 Motion to Set Aside 122
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.07.15
Excerpt: ...tion for writ of mandate filed in 2015, which is now on appeal. It was followed by another writ petition in 2017, which is presently stayed pending the appeal of the 2015 writ petition. The present civil action was commenced on 7/22/2019 and generally alleges that defendant Gina Carreon (“Carreon”), an employee in District's “HR” department (who obtained a judgment of dismissal in February 2021), and defendant Rittling, an attorney for th...
2021.07.14 Motion for Protective Order 470
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.07.14
Excerpt: ...rCare, LLC, Proto Equity Holdings, LLC, Terpax, Inc., SSC Carmichael Operating GP LLC, SSC LP Holdings, Inc., SSC LP Holdings II, Inc., SSC Disbursement Company, LLC, California Holdco II , LLC, SSC Equity Holdings MT LLC, Master Tenant Parent Holdco II , LLC, Admin Parent Holdco, LLC and Disbursement Parent Holdco, LLC (collectively “Jurisdictional Defendants”) motion for protective order re: financial PMQ deposition and notices related to p...
2021.07.13 Motion to Tax Costs 394
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.07.13
Excerpt: ... section 1033.5 specifies which costs are “allowable” (id., subd. (a)), which are “not allowable ..., except when expressly authorized by law” (id., subd. (b)), and which may be allowed or denied in the Court's discretion (id., subd. (c)).” (Davis v. KGO‐TV, Inc. (1998) 17 Cal.4th 436, 441, superseded by statute on other grounds.) “An item not specifically allowable under subdivision (a) nor prohibited under subdivision (b) may neve...
2021.07.13 Motion for Summary Judgment 490
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.07.13
Excerpt: ...tiffs allege that Defendant committed dental malpractice against Caden by “pulling a running drill across [Caden's] cheek causing injuries.” (Complaint, ¶ 6.) Stephanie asserts a negligent infliction of emotional distress cause of action (“NIED”). She alleges that she was present when Caden was undergoing the dental treatment, that she was aware that Defendant was causing injury to Caden, and that she suffered serious emotional distress ...
2021.07.13 Motion for Protective Order 314
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.07.13
Excerpt: ...ked Gabi to see the books and records for HnH. Gabi performed accounting services for HnH from 2005 through 2017. In response to the request Gabi threatened to expose personal and embarrassing information about Hindy to his friends and family and to falsely tell his community that he was committing crimes like money laundering through HnH. Hindy alleges that in reality, it was Defendants Gabi, Deloris Habibeh (“Deloris”) and Blessed Family Tr...
2021.07.13 Motion for Attorney Fees 320
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.07.13
Excerpt: ...ivil Procedure § 998, Defendant FCA US LLC (“FCA US), without admitting liability, hereby offers the following: 1. In exchange for the subject vehicle and a dismissal of this action with prejudice in its entirety, the sum of $31,000; and 2. In addition, FCA US offers to pay reasonable costs, expenses and attorney's fees based on actual time expended pursuant to Civil Code § 1794(d) as stipulated by the parties or, if the parties cannot agree,...
2021.07.13 Motion for Attorney Fees 170
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.07.13
Excerpt: ...ce of events leading up to the filing of this lawsuit, the Court summarizes those facts here, to wit: Plaintiff alleged that Defendant had falsely claimed that he had failed to maintain hazard/homeowners' insurance and thereby created impound accounts as to certain properties, and further alleged that Defendant had improperly claimed that Plaintiff's loan payments were delinquent, reported him to credit agencies for untimely payment, and initiate...
2021.07.13 Demurrer 078
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.07.13
Excerpt: ...motion matters. *** Defendant the Regents of the University of California's (“Defendant”) demurrer to Plaintiff James Jahn's first amended complaint (“FAC”) is ruled upon as follows. Overview This is an employment action. Plaintiff alleges that he was employed as an Information Systems Analyst 2 in the Information Technology Department of the UC Davis Medical Center, in Sacramento, California. (FAC, ¶ 11.) In May 2017, a coworker made a ...
2021.07.08 Demurrer 938
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.07.08
Excerpt: ...n show that the parties met and conferred via email only (Mr. Harper on February 10, 2021: “I will just meet and confer via email.”) However, the meet‐andconfer requirements of CCP § 430.41 are not optional and parties must meet and confer “in person or by telephone.” Future meet‐and‐confer efforts pursuant to CCP § 430.41(a) shall be done “in person or by telephone.” Overview The Cross‐Complaint arises out of chiropractic c...
2021.07.08 Motion for Final Approval of Class Action Settlement 950
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.07.08
Excerpt: ...�and‐hour provisions. The class is defined as “All current and former non‐exempt Production employees employed by Alsco, Inc. dba Steiner Corporation in the State of California at any time from October 15, 2015 through October 25, 2020.” Defendant filed a notice of non‐opposition to the motion. In approving a class action settlement, the Court is to determine whether the settlement is fair, reasonable and adequate, in light of all of th...
2021.07.08 Writ of Attachment 626
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.07.08
Excerpt: ...again republishes the following tentative ruling that was originally published on June 7, 2021. Plaintiff Ethan Conrad's (“Plaintiff”) motion for right to attach order and order for issuance of writ of attachment against defendant Tamaraina Fogg (“Fogg”) is UNOPPOSED and is GRANTED as follows. This action involves a commercial lease entered into by Plaintiff and Fogg, dated August 6, 2019, for lease of certain commercial property located ...
2021.07.07 Motion to Compel Arbitration 652
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.07.07
Excerpt: ...plaint ¶¶ 9‐ 10.) On February 23, 2017, Plaintiff executed Defendant's Agreement to Mediate and Arbitrate Disputes (the “Agreement”). (Van Wagner Decl. ¶ 6, Exh. 1.) The Agreement provides Plaintiff and Defendant “both agree that any issue between Employee and Parkwest Casino Lotus, or any of its employees, agents, officers, directors or affiliates (the “Parkwest Casino Lotus Parties”) which relates to my employment with Parkwest C...
2021.07.07 Motion for Sanctions for Contempt 360
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.07.07
Excerpt: ...rsuant to CCP §§ 178, 1218(a), and 1219(a) is DENIED without prejudice as follows. This action was filed to enforce' claims of Plaintiffs (now Judgment Creditors) for unpaid wages, penalties, and other relief as authorized by law. After the defendants disregarded multiple orders of this Court, the Court struck the answers of Judgment Debtors. (ROA 170.) Following a default prove‐up hearing, Judgment was entered against the defendants, and add...
2021.07.07 Motion for Preliminary Approval of Class Action Settlement 472
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.07.07
Excerpt: ...a Mechanical, Inc. (“Defendant”) provides plumbing installation services for residential, construction, and commercial properties. Defendant employed Plaintiffs as install technicians and compensated them at a piece rate. Plaintiffs allege that they and all other install technicians and repipe installers who were paid on a piece rate basis for each job performed, were not paid for nonproductive time, such as rest breaks, drive time, and other...
2021.07.07 Demurrer 448
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.07.07
Excerpt: ...ON, Secured Party, Authorized Representative for: Eric Richard Eleson Trust J‐59564" within 48 hours of receiving it. For purposes of oral argument only, the hearing date shall be continued to July 15, 2021. The continuance date will be an appearance required hearing so that Plaintiff need not request oral argument. The litigation coordinator shall make Plaintiff available by Zoom audio (if available) to participate in oral argument at 9:00 a.m...
2021.07.06 Motion to Vacate Arbitration Award 000
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.07.06
Excerpt: ...tween Respondent, a major league baseball player, and Petitioners, his former agent. Petitioners and Respondent entered into a settlement agreement whereby Petitioners agreed to pay Respondent $1,000,000 in periodic installment payments through December 1, 2018. Petitioners failed to make all the payments and Respondent filed a grievance (“Grievance”) pursuant to the Major League Baseball Players' Association's Regulations Governing Player Ag...
2021.07.06 Motion for Attorney Fees 280
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.07.06
Excerpt: ...ing 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 July 14, 2021, to participate in oral argument. To appear on Zoom telephonically, call (888...
2021.07.06 Demurrer 290
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.07.06
Excerpt: ...ing revealed that Decedent had risk for pressure injuries, and SMCS' nursing staff created a skin integrity care plan. (Complaint, ¶ 25.) The plan indicated that SMCS' nursing staff would monitor his skin at least two times daily for redness or breakdown and report to a physician for further treatment orders in the event of any skin breakdown issues, and to reposition him at least every two‐hours. (Complaint, ¶¶ 26‐ 27.) On many occasions ...
2021.07.01 Motion to Vacate Stay and Enter Judgment 336
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.07.01
Excerpt: ...664.6. CCP § 664.6 provides: “If parties to pending litigation stipulate, in a writing signed by the parties 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...
2021.07.01 Demurrer, Motion to Strike 872
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.07.01
Excerpt: ...that Defendant Presson fraudulently induced Plaintiffs to enter into the Stock Purchase and Sale Agreement and a Consulting Agreement. Plaintiffs allege that Defendants conduct leading up to and after the stock transfer caused them harm and bring fourteen causes of action based on Defendants' alleged conduct. Analysis 1. First COA for Rescission of Stock Purchase Agreement Based on Fraud Plaintiffs allege Presson failed to disclose that the purpo...
2021.06.30 Petition to Compel Arbitration 762
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.06.30
Excerpt: ...ded Claimant's vehicle, and Mr. Tronco then fled the scene. (Nathan Decl. ¶ 2.) At the time of the accident, Claimant Montoya was driving for UBER Technologies and transporting a rider, claimant Jose De Jesus Martinez. Claimant Montoya sustained a traumatic brain injury and major injuries to his neck and back requiring ongoing treatment and future surgery. (Ibid.) Claimant Martinez was also injured. (Chryssafis Decl. ¶ 2.) Claimant Montoya and ...
2021.06.30 Motion to Compel Further Responses 432
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.06.30
Excerpt: ...ollows. This action arises from Plaintiffs' purchase of New York Life variable annuities, whole life insurance policies, and term life insurance. The operative Second Amended Complaint (“SAC”), which was filed on April 29, 2021, alleges claims for fraud, breach of fiduciary duty, professional negligence, violation of Corporations Code § 25235, and violation of California's unfair competition law, all stemming from losses Plaintiffs suffered ...
2021.06.30 Motion for Reconsideration 566
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.06.30
Excerpt: ...and Dorothy MacPhail. The MacPhails submitted an arbitration complaint pursuant to the Terms of Membership in Sacramento Association of Realtors, of which Petitioner and the MacPhails are members. Among the terms of membership in SAR is that its members agree to binding arbitration of disputes using SAR facilities and in accordance with the rules and procedures for arbitration. On January 9, 2020, the MacPhails submitted an arbitration complaint ...

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