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Location: Sacramento x
Judge: Krueger, Christopher E x
2021.01.07 Motion for Attorney Fees 180
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.01.07
Excerpt: ...espond fully to the arguments raised therein, and the Court in its discretion will allow the filing. This is a lemon law action that settled at trial. The subject vehicle was originally purchased for $18,184.91. (Exh. 1 to Zhang Decl.) Plaintiffs now move for an award of attorney's fees in the amount of $218,352.80, which includes and expenses in the amount of $19,670.52. (P&As at 1.) On October 30, 2019, Defendant made a Section 998 offer under ...
2021.01.06 Motion to Strike SLAPP 922
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.01.06
Excerpt: ...se them of Local Rule 1.06 and the Court's tentative ruling procedure and the manner to request a hearing. If moving counsel is unable to contact opposing partied prior to hearing, moving counsel is ordered to appear at the hearing. The notice of motion also does not comply with Code of Civil Procedure §1010 or CRC Rule 3.1110(a). Factual Background This lawsuit follows an earlier one initiated in 2017 by the Petrashishins, whose complaint alleg...
2021.01.05 Motion to Strike SLAPP 526
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.01.05
Excerpt: ...cond amended complaint (“SAC”) is ruled upon as follows. Defendants' and Plaintiff's requests for judicial notice are granted. I. Overview This is an attorney malpractice action. Plaintiff alleges that Defendants represented her in the underlying personal injury action (“Underlying Action”) against the City of Sacramento (“City”). The SAC asserts causes of action for breach of contract, breach of fiduciary duty, and legal malpractice....
2021.01.05 Motion to Declare Vexatious Litigant 828
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.01.05
Excerpt: ...e the tentative ruling to Plaintiff Christopher Lipsey within 48 hours of receiving it. The hearing date is continued to January 20, 2021, at 9:00 a.m. in this Department for oral argument. The continuance date is an appearance required hearing so no party needs to request oral argument. The litigation coordinator shall make Mr. Lipsey available by CourtCall or by Zoom audio (if available) to participate in oral argument at 9:00 a.m. on the conti...
2021.01.05 Motion for Summary Judgment, Adjudication 229
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.01.05
Excerpt: ...nt 54; the correct address is 813 6th Street, Sacramento, California 95814. Defendants' counsel is directed to contact Plaintiff's counsel forthwith to advise counsel of Local Rule 1.06, the Court's tentative ruling procedure, and Department 54's correct address. If Defendants' counsel is unable to contact Plaintiff's counsel prior to the hearing, Defendants' counsel shall be available at the hearing, by CourtCall or Zoom as stated in the introdu...
2021.01.05 Motion for Preliminary Injunction 693
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.01.05
Excerpt: ...y, Fair Oaks, CA 95628 (the “Property”). Plaintiff alleges NKS Real Estate Holdings Inc. (“NKS”) is the owner of the Property, and Nabil Samaan is President of NKS. Plaintiff filed its Complaint on October 28, 2020, alleging that Defendants have started and continue to allow the construction of the ADU with full knowledge that there was not a building permit issued for said construction. (Compl. ¶ 8.) Plaintiff brought this action “for...
2021.01.05 Motion for Determination of Good Faith Settlement 044
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.01.05
Excerpt: ... 1.06 and the Court's tentative ruling procedure. If Bellingham's counsel is unable to contact opposing parties' counsel prior to the hearing, Bellingham's counsel shall be available at the hearing, by CourtCall or Zoom as stated in the introductory NOTICE to today's Tentative Rulings, in the event opposing parties' counsel appear without following the procedures set forth in Local Rule 1.06(B). Bellingham's motion for a determination of good fai...
2021.01.05 Demurrer, Motion to Strike 930
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.01.05
Excerpt: ...surance Company's (“Allstate”) handling of a homeowner's insurance policy claim. Plaintiffs allege their home sustained fire damage in September 2019, and they subsequently filed a claim with their homeowner's insurance carrier, Allstate. (Compl. ¶¶ 11, 12.) Allstate contracted with Rimkus to inspect the damage and provide an evaluation to Allstate for its use in responding to Plaintiffs' claim. (Compl. ¶ 24.) Rimkus' employee, Schenone, i...
2021.01.05 Demurrer 488
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.01.05
Excerpt: ...of misjoinder is OVERRULED as follows. Overview This is a products liability, negligence, fraud, medical malpractice, and battery action, in which Plaintiffs allege they sustained serious permanent disabling injuries, including brain damage and neurocognitive injuries, as a result of undergoing multiple rounds of electroconvulsive therapy (“ECT”) by Doctors Goodman and/or Blanco at Sutter Center for Psychiatry (“Sutter”). Plaintiffs alleg...
2021.01.05 Motion to Strike SLAPP 200
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.01.05
Excerpt: ...dant. The parties were in a romantic relationship from June 2017 until January 2019. (Def.'s Decl. ¶ 2.) During their relationship, Defendant declares that she experienced incidents of physical violence. (Id. at ¶ 3.) Defendant avers that after an altercation between the parties and their daughter on January 1, 2019, Defendant called the Galt Police Department, who granted her an emergency protective order. (Id. at ¶ 12.) On January 7, 2019, D...
2020.12.15 Motion for Summary Judgment, Adjudication 498
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2020.12.15
Excerpt: ... GRANTED. In taking judicial notice of these documents, the court accepts the fact of their existence, not the truth of their contents. (See Professional Engineers v. Dep't of Transp. (1997) 15 Cal.4th 543, 590 (judicial notice of findings of fact does not mean that those findings of fact are true); Steed v. Department of Consumer Affairs (2012) 204 Cal.App.4th 112, 120‐121.) Objections to Evidence No evidentiary objections were raised. Backgro...
2020.12.15 Applications for Writ of Possession 990
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2020.12.15
Excerpt: ...address for Dept. 53/54. Moving counsel is directed to contact Defendants (or their counsel, if they are represented) forthwith 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 Defendants prior to hearing, moving counsel is ordered to appear at the hearing. A proof of service filed on 11/16/20 (Register of Actions (“ROA”) 12) indicates that Vir...
2020.12.15 Motion for Summary Judgment, Adjudication 968
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2020.12.15
Excerpt: ...overruled. However, the Court notes overruling the objections, it does not accept the truth of any conclusions made by Plaintiff and accepts only those facts supported by the evidence provided. Defendant's objection no. 38 to the screenshot of a job description for the Director of Cancer Services obtained through a Google search, attached as Exhibit E of the Declaration of Watts is sustained. Plaintiff's request for judicial notice of Exhibit E i...
2020.12.15 Motion to Quash Service of Summons 470
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2020.12.15
Excerpt: ...ted jurisdictional discovery as described below herein. This is an elder abuse action. This matter arises from the admission of decedent Eva Harris at Mission Carmichael HealthCare Center ("Mission Carmichael"), a skilled nursing facility, from June 20, 2018 to June 28, 2018. Plaintiffs allege that while at Mission Carmichael, Ms. Harris developed a fecal impaction resulting in acute renal failure and metabolic acidosis which ultimately caused or...
2020.12.15 Demurrer 318
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2020.12.15
Excerpt: ...el Vocational Institute “DVl”) from September 6, 2006, to February 19, 2020. He and fellow employee Vladimir Louis had filed a prior lawsuit against CDCR on or about April 3, 2017. Further, Plaintiff alleges he made a report on or about November 28, 2018, to the Office of the Inspector General and to Cal‐OSHA regarding the "very low/freezing temperature" at the DVl Out Patient Housing Unit, "Nursing Staff Office, RC Clinic and Specialty Cli...
2020.12.10 Petition to Confirm Contractual Arbitration Award 210
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2020.12.10
Excerpt: ...g to enforce the provisions of a retainer agreement executed by the Hill Defendants in connection with the latter's legal malpractice action against another law firm which resulted in a substantial settlement after Freidberg was disqualified. Although Freidberg filed a Notice of Lien in the malpractice action, it is alleged that this lien was not honored by the Hill Defendants, their subsequent attorneys and others. Pursuant to the provisions of ...
2020.12.10 Motion to Strike Punitive Damages 470
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2020.12.10
Excerpt: ...sonal injury action arising out of a motor vehicle accident occurring on 7/2/2019. Plaintiff alleges that defendant Bradley, while in the course and scope of his employment with DWT, was driving a “commercial truck” and collided with plaintiff's vehicle. The complaint purports to assert separate causes of action for general negligence, motor vehicle negligence, negligence per se, and negligent hiring/training/supervision (although the latter ...
2020.12.10 Motion to Set Aside Default 788
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2020.12.10
Excerpt: ...d by an “Affidavit of Fact, Affidavit to Set Aside Default, Quash Service of Summons. Demand for Trial by Jury of National Peers” (“Affidavit”). In addition to the relief noticed in the caption, Respondent requests the court “dismiss entire claim from non‐party MICHAEL DWAYNE INGRAM” (Motion, p. 2), and dismiss criminal charges under Penal Code section 166 (Affidavit, 4:8‐10). Respondents Motion is DENIED as follows: Motion to Vac...
2020.12.10 Motion to Compel Arbitration, to Stay Proceedings 780
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2020.12.10
Excerpt: ...ge for violations of the Song‐Beverly Consumer Warranty Act (the “Act”). On July 17, 2015 (Compl. ¶ 6), Plaintiff entered into a Retail Installment Sales Contract (the “RISC”) with Elk Grove Ford to purchase and finance a new 2015 Chrysler 200, VIN 1C3CCCAB2FN750795 (the “Vehicle”). (Compl. ¶ 5.) Plaintiff has delivered the Vehicle to the Manufacturer's authorized service and repair facilities, agents and/or dealers, including Sel...
2020.12.10 Demurrer 030
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2020.12.10
Excerpt: ...o reminded that pursuant to local court rules, only limited oral argument is permitted on law and motion matters. *** Moving counsel failed to comply with CRC Rule 3.1110(b)(3)‐(4). Factual Background Plaintiff Sergii Plysniuk (“Sergii”) was employed as a tractor‐trailer driver by defendant Divine Enterprises, an interstate motor carrier. In February 2018 Sergii was riding in a tractor‐trailer driven by a co‐worker named Vyacheslav Ch...
2020.12.09 Motion to Strike (SLAPP) 252
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2020.12.09
Excerpt: ...tatements Defendant made surrounding Plaintiff Sean Loloee's (“Plaintiff”) candidacy for Sacramento City Council in 2020. Plaintiff alleges Defendant made defamatory statements about him in February 2020, accusing him of engaging in illegal acts. The First Amended Complaint (“FAC”) alleges a single cause of action for slander per se. Plaintiff alleges in the FAC in pertinent part: “6. Loloee is a successful businessman and has been resi...
2020.12.08 Motion for Judgment on the Pleadings 902
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2020.12.08
Excerpt: ...is the plaintiff, there is only one ground for a motion for judgment on the pleadings: "the complaint states facts sufficient to constitute a cause or causes of action against the defendant and the answer does not state facts sufficient to constitute a defense to the complaint." (C.C.P. 438(c)(1)(A).) The grounds for the motion shall appear on the face of the challenged pleading or from any matter of which the court is required to take judicial n...
2020.12.08 Demurrer 902
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2020.12.08
Excerpt: ...* Defendants Seung and Jin Hong's (“Defendants”) demurrer to Plaintiff Sandeep Gupta's (“Plaintiff”) verified second amended complaint (“VSAC”) is ruled upon as follows. Defendants' and Plaintiff's request for judicial notice is granted. In taking judicial notice of these documents, the court accepts the fact of their existence, not the truth of their contents. (See Professional Engineers v. Dep't of Transp. (1997) 15 Cal.4th 543, 590...
2020.12.08 Demurrer 818
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2020.12.08
Excerpt: ...No., N502WC (the “Insured Aircraft”). The Insured Aircraft was owned by and leased from SIB Ag Aero, LLC (“SIB”) by Plaintiff's insured, Farm Air Flying Services, LLC (“Farm Air”)." (FAC, ¶ 1.) On 7/23/2016, Defendant's pilot was operating its aircraft when it collided in‐flight with the Insured Aircraft, resulting in a total loss of the Insured Aircraft in the amount in excess of $740,000. On or after 10/11/2016, Plaintiff “paid...
2020.12.08 Demurrer 408
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2020.12.08
Excerpt: ...Defendant Department of General Services (“DGS”) demurrer to Plaintiff CHP Facility ‐ Chico, LLC's (“Plaintiff”) first amended complaint (“FAC”) is ruled upon as follows. Overview This action arises from a construction and leasing agreement between DGS and Plaintiff (“Agreement”). The Agreement was signed on 4/18/2014, with two subsequent amendments changing the commencement date of the lease. Amendment Two changed the commencem...
2020.12.03 Demurrer 886
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2020.12.03
Excerpt: ...the FAC contain causes of action for breach of contract, fraud, and intentional tort. All causes of action are alleged as against Len Reid Reynoso. Only the causes of action for fraud and intentional tort are asserted against Defendants. The causes of action for fraud and intentional tort are supported by the same allegations of fact, while the sum and substance of the breach of contract cause of action is that “Defendant Len Reid Reynoso was r...
2020.12.03 Motion to Compel Production of Docs 078
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2020.12.03
Excerpt: ...denied in part; no party requested oral arguments and the tentative ruling became the Court's minute order on October 20, 2020. Relevant to the instant motion, the October 20 order denied Plaintiffs' motion as to Request Nos. 28, 30, 31, and 40 to the extent that the motion sought to compel Defendant to produce the actual documents requested, but qualified the denial as being without prejudice to the right to notice a motion to compel compliance ...
2020.12.03 Motion for Terminating Sanctions 998
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2020.12.03
Excerpt: ...vided to her dog. On April 23, 2020, Defendant served special interrogatories and a request for production of documents on Plaintiff. Plaintiff failed to respond to the discovery requests. Having failed to obtain responses to the discovery requests, Defendant filed motions to compel the responses, which Plaintiff did not oppose and which this Court granted on August 27, 2020 (special interrogatories) and October 6, 2020 (request for production of...
2020.12.03 Motion to Set Aside Default, Judgment 306
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2020.12.03
Excerpt: ...dant declares that she first learned of this action on March 11, 2020. (Bradshaw Decl. ¶ 1.) At that time, she received correspondence from the law office of Rausch Sturm, purporting to attempt to collect a debt. Though not apparently explained to Defendant, the original debt was $5,127.27 and arose out of a consumer debt. [ROA 1.] Worldwide Asset Purchasing II, LLC, purchased the debt from the original creditor and filed the action in May 2009....
2020.12.02 Motion to Set Aside Discovery Responses 806
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2020.12.02
Excerpt: ...ughters. Thereafter, she began a relationship with plaintiff and in 1997, they had a daughter together and plaintiff was ordered to provide child support. The parties eventually separated but in 2005, after resuming a relationship with plaintiff, defendant added plaintiff to the title and jointly obtained a mortgage loan. In 2010, when the loan exceeded the property's value, the parties' relationship ended and plaintiff defaulted on his child sup...
2020.12.02 Demurrer 098
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2020.12.02
Excerpt: ...ment in an attempt to obtain leave to amend, they shall be prepared to specifically discuss the new or different facts which may now be alleged in good faith to overcome the deficiencies noted below. *** Factual Background Plaintiffs purchased the subject property in 2002 and subsequently re‐financed it 2005. Plaintiffs requested and received loan modifications in 2008, 2009, 2011 and 2014. Plaintiffs went into default again in 2016 and foreclo...
2020.12.01 Petition to Compel Arbitration and Stay Judicial Proceedings 382
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2020.12.01
Excerpt: ...ive ruling procedure. If Defendants' counsel is unable to contact Plaintiff's counsel prior to the hearing, Defendants' counsel shall be available at the hearing, by CourtCall or Zoom as stated in the introductory NOTICE to today's Tentative Rulings, in the event Plaintiff's counsel appears without following the procedures set forth in Local Rule 1.06 (B). Defendants' Petition to Compel Arbitration and Stay Judicial Proceedings is GRANTED. The Co...
2020.12.01 Petition to Compel Arbitration 648
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2020.12.01
Excerpt: ...procedure. If Meadows' counsel is unable to contact Plaintiff's counsel prior to the hearing, Meadows' counsel shall be available at the hearing, by CourtCall or Zoom as stated in the introductory NOTICE to today's Tentative Rulings, in the event Plaintiff's counsel appears without following the procedures set forth in Local Rule 1.06(B). Evidentiary Objections Plaintiff Rashelle Cota's (“Plaintiff”) objection to the evidence submitted in Mea...
2020.12.01 Motion to Strike Portions of Complaint 408
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2020.12.01
Excerpt: ...n arises out of Plaintiffs' purchase of real property located at 9581 Jeffcot Road in Wilton, CA (the “Property”) from Defendant Jarrod Schnabel. Homeguard performed the inspections of the Property. The Complaint alleges causes of action for negligence, breach of fiduciary duty, breach of contract, fraud and deceit, negligent misrepresentation, and declaratory relief. Only the causes of action for negligence and declaratory relief are alleged...
2020.12.01 Demurrer 662
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2020.12.01
Excerpt: ...nt to Perform, Breach of Oral Contract, and Conversion. General allegations common to the causes of action are set forth in paragraphs 4 ‐ 23 of the complaint: 4. Around late August and early September of 2016, Plaintiff was asked by his mother HENU YU to borrow money to purchase a home in the Sacramento region of California. 5. At this time. Plaintiff was only aware that his mother had recently moved to Sacramento and suspected that she wanted...
2020.12.01 Demurrer 390
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2020.12.01
Excerpt: ...ifferent capacities from March 18, 2002 until June 2018. (FAC ¶ 5.) On her date of hire, she signed several agreements with Intel, including an Employment Agreement and a Discipline and Discharge Guideline Agreement. (FAC ¶ 6.) Said agreements are attached as exhibits to the FAC and incorporated by reference therein. (Ibid.) The Employee Agreement provides in pertinent part that Plaintiff's employment with Intel is “at‐will[,]” meaning ...
2020.11.24 Demurrer 436
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2020.11.24
Excerpt: ...heft of Plaintiff's employees, customers and trade secret information. (SAC, ¶ 1.) Plaintiff alleges Defendants participated in a plan in which RDS interfered with Plaintiff's business by organizing a mass exodus of Plaintiff's employees from Plaintiff to RDS and luring Plaintiff's customers. (Ibid.) Mr. Hilliard and Mr. Reyes are alleged to be former high‐ ranking employees of Plaintiff that organized the en masse resignation of employees fro...
2020.11.24 Demurrer 012
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2020.11.24
Excerpt: ...breaches of warranty, and fraudulent concealment and omission of the defects. KMA demurs to the third cause of action for violation of Civ. Code § 1793.2(a)(3), the sixth cause of action for fraud by omission, and the seventh cause of action for violation of the Consumer Legal Remedies Act (“CLRA”). Third Cause of Action ‐ Violation of Civ. Code § 1793.2(a)(3) Plaintiff's third cause of action alleges a violation of subdivision(a)(3) of C...
2020.11.19 Demurrer 690
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2020.11.19
Excerpt: ...uth of the intersection with Hurley Way in Sacramento County (the “Bus Stop”). A vehicle driven by Defendant Elisa Loya pulled out of a commercial parking lot into the path of a second vehicle driven by Defendant Alexis Saul Mandujano. The two vehicles collided, causing Mandujano's vehicle to strike Plaintiff at the Bus Stop. The First Amended Complaint (“FAC”) alleges six causes of action. Only the third cause of action for premises liab...
2020.11.19 Demurrer 680
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2020.11.19
Excerpt: ... amended complaint (“FAC”). Defendant requested supplemental briefing on its argument that Plaintiff fails to allege “actual innocence.” The court granted Defendant's request and has received both parties' supplemental briefs. The court now rules as follows, solely on the issue of “actual innocence”, and incorporates fully herein its prior tentative ruling with respect Defendant's other arguments. Oral argument will only be allowed on...
2020.11.19 Motion to Compel Further Responses 725
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2020.11.19
Excerpt: ...rt now rules on the motion as follows. *** If oral argument is requested, the parties must at the time oral argument is requested notify the clerk and opposing counsel of the specific discovery requests that will be addressed at the hearing. Counsel are also reminded that pursuant to local rules, only limited oral argument is permitted on law and motion matters. *** Plaintiffs' notice of motion does not provide notice of the Court's tentative rul...
2020.11.19 Motion for Protective Order 368
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2020.11.19
Excerpt: ...roceedings. In short, this action arises out of a Ponzi scheme carried out by Deepal Wannakuwatte (“Deepal”) and his business, International Manufacturing Group, Inc. (“IMG”). Plaintiffs allege that the defendants, consisting of CB&T and its employees, aided and abetted this scheme and caused significant monetary damage to plaintiffs. The operative Complaint (“1AC”) asserts causes of action for aiding and abetting breach of fiduciary ...
2020.11.19 Motion for Summary Judgment, Adjudication 494
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2020.11.19
Excerpt: ...of the parties' 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 nonexistence of a triable issue of material fact. *** Overview This personal injury action arises out of a February 2018 incident in which plaintiff “tripped over a 6” to 8” raised curb protruding up from a sidewalk on the northeast co...
2020.11.19 Motion to Strike Prayer for Punitive Damages 930
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2020.11.19
Excerpt: ...d 436(a), and Civil Code section 3294. The portion of the Complaint that sets forth the prayer for punitive damages is at page 17, paragraph 4, and page 10, paragraph 55, lines 18‐19. The motion is based on Defendant Smoke 4 Less's contention that Plaintiff's Complaint does not plead sufficient facts to support a claim for punitive damages. On October 15, 2020, this Motion was continued so that the parties could comply with the meet and confer ...
2020.11.18 Motion for Summary Judgment, Adjudication 170
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2020.11.18
Excerpt: ...g defendant's 112 Undisputed Material Facts and/or which of plaintiffs' 22 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. *** Plaintiffs' counsel failed to comply with CRC Rule 3.1354(b), which prohibits a party from restating or rearguing objections ...
2020.11.18 Demurrer 418
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2020.11.18
Excerpt: ...al cannabis businesses. CG is a California corporation owned by Defendant Richard Anthony “Tony” Vasquez (“Tony”) that owns and operates a cannabis manufacturing site. (FAC ¶ 2.) GWF is a California corporation ostensibly owned by Tony's wife, Defendant Stefanie Vasquez (“Stefanie”), which is engaged in cannabis cultivation. (FAC ¶ 3.) GWI is a California corporation ostensibly owned by Tony and Stefanie's son, Tyler Vasquez ("Tyler...
2020.11.17 Motion to Strike 584
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2020.11.17
Excerpt: ...nd (“Raymond”) and Joanne (“Joanne”) Suavillo's dogs. On 11/4/2019, Plaintiffs named Joanne Suavillo, as an individual, as Doe 1. (RJN, Ex. 3.) On 1/6/2020, the court granted Wandering Boba's motion for summary judgment. In granting the motion, the court found that there was no triable issue of material fact that Raymond was not in the course and scope of his employment at Wandering Boba at the time of the incident, and thus Wandering Bob...
2020.11.17 Motion for Preliminary Injunction 688
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2020.11.17
Excerpt: ...) through Cal State 9 Credit Union that was secured by a Deed of Trust (“DOT”). (Complaint, ¶ 11.) In 2008, the DOT was assigned to defendant Bosco Credit LLC (“Bosco”). (Complaint, ¶ 12.) Defendant Franklin Credit Management Corp. (“Franklin”) is the servicer. (Id.) The credit limit of $68,200 was distributed to Plaintiffs. (Complaint, ¶ 13.) In September 2008, Plaintiff Alejandro Alejandro filed for bankruptcy. (Complaint, ¶14...
2020.11.17 Motion for Preliminary Injunction 670
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2020.11.17
Excerpt: ...isgruntled client, pro per Defendant Darrell Archer (“Defendant”), created a website bearing the name “timothykassouni.com” that published certain defamatory statements about Plaintiffs. The website also links to a second page, “thompsonangela.com” which also made false claims about Plaintiffs. On 9/18/2020, Plaintiffs obtained a TRO against Defendant ordering him to: [I]mmediately take down and remove his internet website timothykass...
2020.11.17 Demurrer 276
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2020.11.17
Excerpt: ... at her home, located at 3071 East Curtis Park Drive in Sacramento, CA. The City filed a public nuisance action against Plaintiff on April 30, 2019, alleging Plaintiff undertook the referenced improvements without obtaining the necessary permits. Plaintiff cross‐complained against the City on June 19, 2020. Plaintiff subsequently filed the instant action against the City and Schenirer on February 25, 2020. She filed the FAC on March 4, 2020. Th...
2020.11.12 Motion for Final Approval of Class Action Settlement 658
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2020.11.12
Excerpt: ... a class action settlement, the Court is to determine whether 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. ( Wershba v. Apple Computer (2001) 91 Cal.App.4t...
2020.11.12 Demurrers, Motions to Strike 090
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2020.11.12
Excerpt: ...ct, et al. action is substantively unopposed and is ruled upon as follows. This is a consolidated construction indemnity and subrogation action arising from a fire. Request for Judicial Notice Cross‐Defendants' Request for Judicial Notice (“RJN”) is unopposed and is granted. In taking judicial notice of these documents, the court accepts the fact of their existence, not the truth of their contents. (See Professional Engineers v. Dep't of Tr...
2020.11.12 Motion to Dismiss 760
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2020.11.12
Excerpt: ...as domesticated and pursued a judgment it obtained against Plaintiff in New York related to the underlying loan agreements. (See SAC ¶¶ 5, 63, 64, 87.) The Court previously granted Defendant CCL's motion to dismiss the First Amended Complaint for lack of personal jurisdiction but with leave to amend. The SAC admits that CCL is headquartered in New York but alleges that CCL "did business throughout the State of California during all pertinent ti...
2020.11.12 Motion to Compel Further Responses 166
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2020.11.12
Excerpt: ...rties must at the time oral argument is requested notify the clerk and opposing counsel of the specific discovery requests that will be addressed at the hearing. Counsel are also reminded that pursuant to local court rules, only limited oral argument is permitted on law and motion matters. *** This is an employment and wage and hour action. Plaintiff alleges that she worked in Defendant Amy Woo's dental practice handling front desk and administra...
2020.11.12 Motion to Dismiss 402
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2020.11.12
Excerpt: ...‐ Beverly Act, plus Plaintiffs' reasonably incurred attorney's fees, costs and expenses. The 998 Offer did not provide for any monetary amounts. Regarding the vehicle component, Defendants offered to pay whatever Plaintiffs were entitled to under Civil Code § 1793.2(d)(2)(B). Regarding the second component, reasonably incurred court costs, attorney's fees and legal expenses per Civil Code § 1794(d), both were to be determined by the court mot...
2020.11.12 Motion to Compel Responses 052
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2020.11.12
Excerpt: ...rtners Defendant Thomas Roland (“Roland” or “Defendant”) and Plaintiff Claudel Jeannot (“Jeannot” or “Plaintiff”). The Court notes that it appears Plaintiff paid only one $60 filing fee in connection with this motion, although Plaintiff seeks at least four different orders (i.e., responses to form interrogatories, responses to special interrogatories, responses to requests for production, and an order deeming requests for admissio...
2020.11.10 Motion to Compel Arbitration, for Stay of Action 128
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2020.11.10
Excerpt: ...nally set for hearing on 9/1/2020 but was continued to this date at the request of the Moving Parties to remedy Terra Aqua Builders, Inc.'s corporate suspension for failure to pay its taxes. It appearing that this corporation is now back in good standing, the Court now rules as follows. The notice of motion does not comply with Code of Civil Procedure §1010 or CRC Rule 3.1110(a). The proof of service attached to the moving papers fails to comply...
2020.11.10 Motion for Summary Judgment, Adjudication 468
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2020.11.10
Excerpt: ...ument is requested, the parties are directed to notify the clerk and opposing counsel at the time of the request which of moving defendant's 23 Undisputed Material Facts, plaintiff's 33 Additional Material Facts and/or Hastie's six (6) Additional Material Facts 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...
2020.11.10 Motion for Summary Judgment 802
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2020.11.10
Excerpt: ....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. Moving counsel failed to comply with CRC Rule 3.1350(g), requiring a single volume of evidence (including declarations) with a table of contents when the evidence exceeds 25 pages. Overview This action concerns whether defendant USIC owes a...
2020.11.10 Demurrer 094
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2020.11.10
Excerpt: ...ted on law and motion matters. *** The demurrer of defendant Liane Bender's (sued erroneously as Liane Sigl) demurrer to plaintiff in pro per's Second Amended Complaint (“2AC”) is UNOPPOSED and SUSTAINED without leave to amend, as follows. Factual Background This action arises out of the death of plaintiff's mother in November 2017 following her stay at two different medical facilities, Mercy San Juan Medical Center (“Mercy”) and Mission ...
2020.11.05 Motion to Strike Answer 366
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2020.11.05
Excerpt: ...intiff also asks the Court to order Defendant's default to be entered, and to award monetary sanctions in the amount of $935.00. Plaintiff brings the instant motion only after this Court entered its order of July 21, 2020, requiring Defendant to serve written responses to Plaintiff's First Set of Form Interrogatories, Special Interrogatories, and Requests for Production of Documents . On the same date, the Court deemed admitted Plaintiff's outsta...
2020.11.05 Motion for Summary Judgment, Adjudication 272
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2020.11.05
Excerpt: ...oyees who worked for Defendant from December 27, 2014 to August 10, 2019, and, based on that stipulation, the Court has entered an order certifying the class. Plaintiffs allege that Defendant (1) failed to pay minimum wages for all hours worked, (2) failed to properly compensate for rest periods, and (3) failed to provide accurate wage statements. The parties have stipulated to file cross motions for summary adjudication regarding the legality of...
2020.11.04 Demurrer 886
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2020.11.04
Excerpt: ...ional misrepresentation, negligent misrepresentation, and conversion. (FAC, p. 2.) However, the actual attachments contain causes of action for breach of contract, fraud, and intentional tort. Only the causes of action for fraud and intentional tort are asserted against Defendants. Each of the causes of action are supported by the same allegations of fact. In pertinent part, Plaintiff alleges he is a beneficiary of the Reynoso Trust (the “Trust...
2020.11.04 Application for Writ of Attachment 818
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2020.11.04
Excerpt: ... P. Ludke and Kay K. Anderson as Trustees (“Trustees”) of the Ludke‐Anderson Revocable Trust Dated May 28, 2003 (“Trust”)(collectively “Defendants”) is ruled upon as follows. This is an action for Breach of Contract and Guaranty. Plaintiff alleges that Jones, Ludke, and Wilson are or were shareholders and/or officers of C+D at all material times. Plaintiff alleges that on 2/4/2014, it entered into a Business Loan Agreement with C+D ...
2020.11.04 Motion for Summary Judgment, Adjudication 348
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2020.11.04
Excerpt: ... addressed 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. *** Defendants Overlook at Blue Ravine, LLC (“Overlook”) and Realty Center Management, Inc.'s (“RCMI”) (collectively “Defendants”) motion for summary judgment, or in the alternative, summary adjudication is ruled upon as follows. Overview This is a per...
2020.11.04 Motion for Final Approval of Class Action Settlement 334
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2020.11.04
Excerpt: ...t is to determine whether 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. ( Wershba v. Apple Computer (2001) 91 Cal.App.4th 224, 244, 245; Rebney v. Wells Far...
2020.11.03 Motion to Compel Deposition 470
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2020.11.03
Excerpt: ...nsisting of a 266‐page separate statement, and a supporting declaration comprising 226 pages of material. The omnibus motion format significantly complicated focused individualized analysis on the very different merits of each deposition notice topic and evaded $300 of additional motion fees. The six motions are ruled upon as set forth below. Plaintiffs move to compel the production of deponents and documents responsive to six separate PMQ depo...
2020.11.03 Motion for Summary Judgment, Adjudication 804
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2020.11.03
Excerpt: ...t Tran's crosscomplaint is DENIED as set forth below. The motion of Cross‐Defendant Quang V. Luong (“Luong”) for summary judgment or in the alternative summary adjudication against Tran's cross‐complaint is DENIED as set forth below. Tran opposes the motions. This action involves a contract dispute arising from the sale of a business interest between Tran and Vector in July 2015. Under the agreement, Vector sold to Tran a 20% membership i...
2020.11.03 Motion for Summary Adjudication 452
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2020.11.03
Excerpt: ...sts, are ruled upon as follows. The Plaintiff's requests for judicial notice are granted as to Exhibits A, F, G, J, K, O. The requests are denied as to Exhibits H and I. This grant of judicial notice is subject to the evidentiary limitations and purposes for which such matters may be judicially noticed. While the existence of documents in a court file may be judicially noticed, the truth of the matters asserted in those documents, including the f...
2020.11.03 Demurrer 254
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2020.11.03
Excerpt: ...(hereinafter "Dr. Si".) Dr. Si filed a previous demurrer to the original Complaint, which was sustained in its entirety by the Court on February 7, 2020. (Whatley Dec. ¶3.) Plaintiffs Xin Liu and newly added plaintiff A.R. Ngai then filed a First Amended Complaint on February 21, 2020. (Whatley Decl. ¶4). The First Amended Complaint alleges medical negligence, negligent infliction of emotional distress, intentional infliction of emotional distr...
2020.10.29 Motion to Compel Further Responses 686
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2020.10.29
Excerpt: ...n which the parties state that “Defendant has now significantly limited the scope of the pending issues[,]” and is no “longer . . . seeking further amended responses to [its] Special Interrogatories.” (Joint Disc. Statement 1:22‐26.) The Court now decides the discovery disputes which remain at issue. Request for Production of Documents Nos. 1‐4, 6‐9, 11‐15, 18‐23, 29‐30 Defendant moves for further responses to Request for Prod...
2020.10.29 Motion for Protective Order 396
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2020.10.29
Excerpt: ...the 15 pages permitted “does not include the caption page, . . . the table of contents, [and] the table of authorities.” Excluding said pages from Plaintiff's opposition, it is 16 pages, and only four lines of text are on the 16th page. The Court, in its discretion, considers the entirety of Plaintiff's opposition. Moreover, the four lines of text on the 16th page of the opposition do not affect the Court's ruling on the motion. This is a neg...
2020.10.29 Motion for Preliminary Injunction 446
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2020.10.29
Excerpt: ...PCA”) in June 2017. Defendants David Burkhart and Bradley Burkhart guaranteed the License Agreement. Pursuant to the License Agreement, PCA had the right to non‐exclusive possession of HBB's property on Power Inn Road in Sacramento, CA (the “Property”). Pursuant to the terms of the License Agreement, PCA did business at the Property from approximately June 1, 2017, through February 2020. HBB sent a letter dated February 13, 2020, to PCA...
2020.10.29 Demurrer 046
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2020.10.29
Excerpt: ...'s care as a resident at their assisted living facility. Plaintiffs are the Decedent's surviving spouse and adult children. The Complaint alleges three causes of action for: 1) negligence, 2) breach of contract, and 3) wrongful death. Plaintiffs allege in the Complaint in pertinent part as follows: “11. Mrs. Baker was admitted to Fair Oaks Estates' senior assisted living facility as a patient on July 8, 2019. Although Mrs. Baker had suffered a ...
2020.10.28 Motion to Confirm Class Claims to Proceed in Arbitration 872
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2020.10.28
Excerpt: ...) opposes. Plaintiff's Request for Judicial Notice, which attaches copies of Court records in this action and the AAA supplementary rules for class arbitrations, is unopposed and is granted. In taking judicial notice of these documents, the court accepts the fact of their existence, not the truth of their contents. (See Professional Engineers v. Dep't of Transp. (1997) 15 Cal.4th 543, 590 [judicial notice of findings of fact does not mean that t...
2020.10.27 Motion for Protective Order 956
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2020.10.27
Excerpt: ...Defendant”). In other words, BANA is willing to produce the requested documents, but wishes to keep them confidential and used solely for purposes of this action. The proposed protective order was filed with the moving papers. (Register of Actions (“ROA”) 53.) Defendant opposes. The discovery statutes expressly authorize the Court to enter a protective order restricting the method of disclosure of trade secrets, confidential research, or c...
2020.10.27 Demurrer 892
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2020.10.27
Excerpt: ...ccount with Defendant. (Compl. ¶ 59.) When opening the account, Plaintiff alleged entered into an agreement ("account agreement") that included "overdraft" and "overdraft privilege service" provisions governing instances in which an account is overdrawn. (Id. ¶¶ 31‐32.) On some occasions, Defendant allegedly improperly assessed overdraft fees because it determined sufficiency of funds based on an account's "available balance" ‐ the actual ...
2020.10.27 Motion for Attorney Fees 682
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2020.10.27
Excerpt: ... Notice (“Def.'s RJN”), which attaches court filings in other actions, is unopposed and is granted. In taking judicial notice of these documents, the court accepts the fact of their existence, not the truth of their contents. (See Professional Engineers v. Dep't of Transp. (1997) 15 Cal.4th 543, 590 (judicial notice of findings of fact does not mean that those findings of fact are true); Steed v. Department of Consumer Affairs (2012) 204 Cal....
2020.10.27 Motion to Confirm Class Claims to Proceed in Arbitration or to Vacate Clause Construction Award 872
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2020.10.27
Excerpt: ...rt records in this action and the AAA supplementary rules for class arbitrations, is unopposed and is granted. In taking judicial notice of these documents, the court accepts the fact of their existence, not the truth of their contents. (See Professional Engineers v. Dep't of Transp. (1997) 15 Cal.4th 543, 590 [judicial notice of findings of fact does not mean that those findings of fact are true]; Steed v. Department of Consumer Affairs (2012) 2...
2020.10.27 Motion for Reconsideration or to Set Aside Dismissal 630
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2020.10.27
Excerpt: ... 3.1110(b)(3)‐(4). Factual Background Plaintiffs Singh and Dev filed this action on 12/17/2019 against several defendants including defendants Bains, Kumar and Kaur. The verified complaint purports to assert a total of five causes of action for breach of fiduciary duty, “fraud,” elder financial abuse, elder financial abuse and conversion. The claim against defendant Bains is premised on his alleged misconduct as a Notary Public in connectio...
2020.10.27 Petition for Removal of Guardian ad Litem 774
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2020.10.27
Excerpt: ...as GAL for Plaintiff on 7/10/2020. Defendant seeks to remove the GAL on grounds that: (1) Plaintiff does not need a GAL because in February 2020, Defendant's “activities director” conducted a cognitive analysis of Plaintiff and found her to have adequate mental capacity; and (2) Defendant suspects that the GAL has interests adverse to Plaintiff because in 2015, Defendant suspected the GAL of financial elder abuse against Plaintiff because of ...
2020.10.27 Motion to Compel Further Responses 956
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2020.10.27
Excerpt: ... order. The Court now rules on defendant's motion to compel plaintiff's further responses, as follows. *** If oral argument is requested, the parties must at the time oral argument is requested notify the clerk and the opposing party of the specific discovery requests that will be addressed at the hearing. The parties are also reminded that pursuant to local rules, only limited oral argument is permitted on law and motion matters. *** Defendant f...
2020.10.22 Motion to Enforce Settlement Agreement 010
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2020.10.22
Excerpt: ...Objections The Court does not reach Plaintiff Devinderjit Singh's (“Plaintiff”) objections to Defendant's evidence in support of his motion since the subject evidence is immaterial to the Court's decision on the motion. Background This derivative action arises out of a dispute over Nori Orchards, LLC (the “Company”), a company previously owned by Plaintiff and Defendant. Plaintiff and Defendant formed the Company in 2018 for the purpose o...
2020.10.22 Motion to Compel Further Responses 668
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2020.10.22
Excerpt: ...rt to have certain transmission and engine defects repaired. Plaintiff alleges GM failed to repair the defects or repurchase the subject vehicle in violation of the Song‐Beverly Consumer Warranty Act (the "Act"). He further alleges that GM's violations were willful, entitling him to treble damages under the Act. Relevant to this motion, Plaintiff previously filed a motion to compel further responses to this same set of document requests. In rul...
2020.10.22 Motion for Summary Judgment, Adjudication 352
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2020.10.22
Excerpt: ...loyment Background Plaintiff began working for the Regents in 1998 as a MOSC II. (Pl.'s Separate Statement in Opp'n to Mot. (“SS”) No. 1.) Plaintiff thereafter held various positions at the UC Davis Comprehensive Cancer Center (“Cancer Center”), including MOSC III, MOSC IV, and MOSC V. (SS No. 2.) Around 2012, Walter Knowles became the Practice Manager of the Cancer Center. (SS No. 3.) In this role, he managed the Cancer Center's clinical...
2020.10.22 Motion for Summary Judgment 802
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2020.10.22
Excerpt: ... immaterial to the Court's decision on the motion. Evidentiary Objections The Court declines to rule on Defendants' evidentiary objection since the subject evidence is immaterial to disposition of the motion. Overview This action concerns whether Defendants and an additional insurer, Defendant United Specialty Insurance Company, owe Plaintiff a duty of defense and indemnification in a civil action filed by Chelsea Hall against Plaintiff and his d...
2020.10.20 Motion to Compel Further Responses 078
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2020.10.20
Excerpt: ...y the clerk and the opposing party of the specific discovery requests that will be addressed 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 comply with Code of Civil Procedure §1010 or CRC Rule 3.1110(a). Both moving and opposing counsel failed to comply with CRC Rule 3.1110(b)(3)‐(4). Factual Background This is an ...
2020.10.20 Motion for Summary Judgment, Adjudication 326
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2020.10.20
Excerpt: ...nduct additional discovery. The Court now rules as follows. *** If oral argument is requested, the parties are directed to notify the clerk and opposing counsel at the time of the request which of moving defendant's 15 Undisputed Material Facts, which of opposing plaintiff's 32 Additional Material Facts and/or which objections to evidence will be addressed at the hearing. The parties should be prepared to point to specific admissible evidence alr...
2020.10.20 Motion to Contest Good Faith of Settlement 918
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2020.10.20
Excerpt: ...Plaintiff's vehicle got a flat tire for which she called AAA for assistance but AAA declined to respond as plaintiff had already exhausted her four allotted service calls for the year. Plaintiff then decided to walk to the nearby Walmart to purchase tools needed to change her flat tire and as she was crossing the street, plaintiff was struck by a vehicle driven by Andrade who was on her cell phone and driving without headlights. Plaintiff commenc...
2020.10.20 Motion to Set Aside Default 460
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2020.10.20
Excerpt: ...ssert causes of action for negligence and intentional infliction of emotional distress based on events occurring while he was incarcerated. It appears that plaintiff contends defendants, who appear to be employees of the California Department of Corrections and Rehabilitation (“CDCR”), negligently or intentionally caused his concurrent sentences to be changed to consecutive sentences, extending his incarceration period by more than eight mont...
2020.10.15 Motion to Strike Claims 116
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2020.10.15
Excerpt: ...to an infestation of bedbugs. Plaintiff alleges that he moved into the apartments in June 2015 but nearly a year later, in April 2016, he began to experience physical injury that he came came to believe was caused by bedbugs. Plaintiff alleges he made three complaints to Stonegate management. On the first two occasions, "management admitted that there was a bedbug problem, but informed [plaintiff] that it was his problem and he had to pay to have...
2020.10.15 Motion for Additional IME 344
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2020.10.15
Excerpt: ...ain, mental suffering, and loss of enjoyment of life” among his damages. (Compl. para. 3.) In his discovery responses, Plaintiff attributed the following injuries to the collision: “[e]motional, in no particular order of gravity: Sadness, despondency, helplessness, delirium, shock, denial, anger, irritability, mood swings, worthlessness, anxiety, fear, guilt, embarrassment, humiliation. Mental …: Cognitive impairment; loss of memory; confus...
2020.10.14 Motion to Quash Subpoena 813
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2020.10.14
Excerpt: ...ime of the collision, Plaintiff was riding as a passenger in a Lyft vehicle, which was hit by a 2015 Ford CMAX driven by Defendant. Defendant ran a red light and fled the scene of the collision on foot, but was apprehended by police. Investigating officers gave Defendant a sobriety test and ultimately arrested him. Defendant was charged with a DUI and hit‐and‐run. Plaintiff filed the Complaint on October 11, 2019, alleging a single cause of a...
2020.10.14 Motion to File Amended Complaint 813
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2020.10.14
Excerpt: ...in Sacramento, CA. At the time of the collision, Plaintiff was riding as a passenger in a Lyft vehicle when that vehicle was hit by a 2015 Ford CMAX driven by Defendant. Defendant ran a red light and fled the scene of the collision on foot, but was apprehended by police. Investigating officers gave Defendant a sobriety test and ultimately arrested him. Defendant was charged with a DUI and hit‐and‐run. Plaintiff filed the Complaint on October ...
2020.10.14 Motion for Summary Judgment, Adjudication 396
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2020.10.14
Excerpt: ...t for judicial notice is denied as the subject documents are immaterial to the Court's decision on the motion. Evidentiary Objections Gemack's Objections Objection No. 1 to the Declaration of Lisa Campbell at page 2, paragraph 3, lines 13‐ 20 is overruled. The Court declines to rule on the remainder of Gemack's evidentiary objections since the subject evidence is immaterial to disposition of the motion. (See Code of Civ. Proc., § 437c, subd. (...
2020.10.14 Motion for Summary Judgment, Adjudication 352
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2020.10.14
Excerpt: ...ervice Coordinator (“MOSC”) V Supervisor. Plaintiff's Employment Background Plaintiff began working for the Regents in 1998 as a MOSC II. (Pl.'s Separate Statement in Opp'n to Mot. (“SS”) No. 1.) Plaintiff thereafter held various positions at the UC Davis Comprehensive Cancer Center (“Cancer Center”), including MOSC III, MOSC IV, and MOSC V. (SS No. 2.) Around 2012, Walter Knowles became the Practice Manager of the Cancer Center. (SS ...
2020.10.14 Motion for Judgment on the Pleadings 838
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2020.10.14
Excerpt: ...ember 7, 2018. The Complaint alleges causes of action for negligence, violation of the California Disabled Persons Act (“CDPA”), and violation of the Unruh Civil Rights Act (“CRA”). The CDPA and CRA causes of action are premised upon a violation of the Americans with Disabilities Act (“ADA”). The Complaint alleges, in relevant part, as follows: “10. Plaintiff is informed and believes that Paratransit is a corporation that provides p...
2020.10.13 Motion to Compel Further Responses 214
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2020.10.13
Excerpt: ...against CSAA for (1) rescission (second cause of action) and (2) unfair and deceptive business practices, Bus. & Prof. Code § 17200 et seq. (third cause of action). As to CSAA, Plaintiff alleges that in June 2018, she entered into a settlement agreement with CSAA for $300 in exchange for a release of defendants Sidney Leung, Daman Leung, and Daniel Leung. The settlement was memorialized through an audio recording of Plaintiff's telephone convers...
2020.10.13 Demurrer, Motion to Strike 970
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2020.10.13
Excerpt: ...rassment/discrimination, as intentional infliction of emotional distress and violation of the Bane Act (Civ. Code §52.1). Plaintiff was employed with the State of California Department of Corrections at the Substance Abuse Treatment Facility ‐ Corcoran (hereinafter “SATF/SP Corcoran”). She was first hired as a Supervising Registered Nurse and later assumed the role of acting SRN III (Director of Nursing). Plaintiff alleges that Megan Dougl...
2020.10.08 Motion to Strike 072
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2020.10.08
Excerpt: ...utter Health's (“Sutter”) motion to strike portions of the First Amended Complaint (“1AC”) is ruled upon as follows. Factual Background This putative class action arises out of plaintiffs' use of Sutter's publicly‐accessible website to access Sutter's “My Health Online” online patient portal (“MHO” or “Patient Portal”) and/or search for medical information. Plaintiffs are Sutter patients and they generally allege they have s...

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