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Location: Sacramento x
Judge: Krueger, Christopher E x
2021.04.15 Motion for Protective Order, to Compel Deposition of PMQ 460
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.04.15
Excerpt: ...Intentional Interference with Contractual Relations, Intentional Interference with Prospective Economic Relations, Breach of Duty of Loyalty, Breach of Duty of Care, Conversion, and Breach of Contract. Altahan and Co‐ defendant/Cross‐Complainant TUPS, Inc. ("TUPS") filed a cross‐complaint for Breach of Contract, Conversion, and Unjust Enrichment. The instant motion pertains to efforts by Altahan and TUPS to take the deposition of Banah, bot...
2021.04.15 Demurrer 374
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.04.15
Excerpt: ...equest for Judicial Notice is unopposed and is granted. FACTS This dispute arises out of Thandi's agreements to purchase two commercial vehicles (used charter buses) in late 2015 and early 2016 from Advantage, to be financed by monthly installment payments. Advantage alleges in its Complaint that Thandi has defaulted on its promises to pay, and that Thandi's principal, Mr. Thandi, breached the personal guaranties he executed in connection with th...
2021.04.15 Motion for Final Approval of Class Action Settlement 256
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.04.15
Excerpt: ...'s ruling tentatively indicates that it will grant final approval of the class action settlement, subject to certain conditions, the Court must still hold a hearing on the motion as it may involve the receipt of evidence. Although the Court anticipates that no party will request oral argument, and while no class member indicated any intent to appear at the hearing, this does not relieve the parties from appearing at the hearing or otherwise rende...
2021.04.14 Motion to Quash Subpoena 592
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.04.14
Excerpt: ... to the extent that she is deaf. Her primary means of communication with others is American Sign Language (otherwise referred to as “ASL”). She obtained a homeowners insurance policy from Defendant CSAA Insurance Exchange (“CSAA”). On October 13, 2017, the property sustained severe water damage. She alleges that CSAA refused to provide her with an ASL interpreter to communicate with her. CSAA eventually hired a remediation and constructio...
2021.04.14 Motion to Compel Further Deposition Testimony 726
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.04.14
Excerpt: ...rial was initially scheduled for 10/26/2020, but the court vacated the trial date due to the COVID‐19 pandemic. At the time Rai filed this motion, trial was set to commence on 4/26/2021, however, Rai had a motion to continue trial set for 4/6/2021. The Presiding Judge granted the motion to continue the trial. The trial is now scheduled for 6/14/2021. Rai moves to compel Plaintiff's attendance at deposition and an order allowing his deposition t...
2021.04.14 Motion for Summary Judgment, Adjudication 402
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.04.14
Excerpt: ...videntiary Objections The Court does not rule on Defendant Powerglide Holdings, LLC's (“Defendant”) evidentiary objections since they concern evidence immaterial to the Court's decision on the motion. (Code Civ. Proc., § 437c, subd. (q).) Plaintiff's evidentiary objection No. 6 is overruled. The Court does not rule on the remainder of Plaintiff's evidentiary objections since they concern evidence immaterial to the Court's decision on the mot...
2021.04.14 Motion for Production of Pitchess Docs 194
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.04.14
Excerpt: ...) and Austin Matulonis (“Matulonis”). Plaintiff alleges that Matulonis discriminated against and harassed Plaintiff due to her sex, gender and/or sexual orientation, as well as retaliated against her when she made complaints. Plaintiff alleges that Matulonis' harassment and discrimination against her first began in March 2016 until June 2017 when CHP transferred Plaintiff to a different position. By this motion, Plaintiff moves to compel CHP ...
2021.04.14 Demurrer, Motion to Strike 432
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.04.14
Excerpt: ...nts New York Life Insurance Company and NYLife Securities, LLC's (collectively, “New York Life”) demurrer to plaintiffs Steven Hattendorf and Brandy Hattendorf's (collectively, “Plaintiffs”) First Amended Complaint (“FAC”) is SUSTAINED with leave to amend. Plaintiffs' request for judicial notice in support of their original moving papers is granted as to items 1 and 2. The request as to item 3, which is the California Department of In...
2021.04.13 Petition to Compel Arbitration 277
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.04.13
Excerpt: ...ranted. 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. Dept. of Transp. (1997) 15 Cal.4th 543, 590 (judicial notice of findings of fact does not mean that those findings are true); Steed v. Dept. of Consumer Affairs (2012) 204 Cal.App.4th 112, 120‐121.) Plaintiff filed this lemon law action on January 12, 2021, arising out of his purcha...
2021.04.13 Motion for Summary Judgment, Adjudication 804
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.04.13
Excerpt: ...ant's office in September 2015. Defendant moves for summary judgment on the ground Plaintiffs cannot establish breach of the applicable standard of care and Defendant did not cause or contribute to Adrian's alleged injuries. In evaluating a motion for summary judgment the court engages in a three step process. First, the Court identifies the issues framed by the pleadings. The pleadings define the scope of the issues on a motion for summary judgm...
2021.04.13 Motion for Summary Judgment 936
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.04.13
Excerpt: ...‐site accident involving Plaintiff, Dean Robbins ("Plaintiff” or “Mr. Robbins”). On May 8, 2017, Plaintiff was injured while working on a construction project taking place in Elk Grove, California called the Echo Water Project (the "Project"). (UMF 2.) Plaintiff was a Senior Inspector and performed tasks as a welding inspector in May of 2017. (UMF 7) On May 8, 2017, when Plaintiff was being shown the Flatiron job site, he stepped into a h...
2021.04.13 Motion for Preliminary Approval of Class Action Settlement 944
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.04.13
Excerpt: ...ts, LLC (“Crescent”) and 9750 Airport Management, LLC (“9750”) (collectively, “Defendants”). This is a coordinated action. On December 8, 2016, plaintiff Anatoli Romanov ("Plaintiff Romanov") filed a class action complaint entitled Anatoli Romanov v. Crescent Hotels & Resorts, LLC, et al., in the Sacramento County Superior Court, Case Number 34‐2016‐00204535 (the "Romanov Action"). The Romanov Action asserts the following causes o...
2021.04.01 Motion to Compel Binding Arbitration 472
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.04.01
Excerpt: ...Local Rule 1.06. Moving counsel is directed to contact Plaintiffs' counsel and advise counsel 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 Plaintiffs' counsel prior to hearing, moving counsel is ordered to appear at the hearing via Zoom or by telephone. Plaintiffs' request for judicial notice of orders in other cases in federal district court actions and ...
2021.04.01 Motion for Determination of Good Faith Settlement 262
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.04.01
Excerpt: ...ate of California (“Plaintiff”), Ferguson, Otto, and Luppen is in good faith is UNOPPOSED and GRANTED. This action involves allegations of construction defects and related damages to Office Building 10, which is owned by Plaintiff and located at 721 Capitol Mall in Sacramento, CA (hereinafter, the "Subject Property"). In November of 2005, Plaintiff entered into a written contract with general contractor, Otto, to renovate the Subject Property...
2021.04.01 Motion for Judgment on the Pleadings 216
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.04.01
Excerpt: ...alez (“Plaintiff”) was an employee of M.F. Maher, Inc., a subcontractor hired by RGW. F&H was the general contractor hired for the design, construction, and completion of the project. Plaintiff filed his complaint on December 20, 2017, alleging negligence and premises liability against F&H. (ROA 1.) RGW was added as DOE 1 on April 9, 2018. (ROA 17.) F&H filed a Cross‐Complaint against RGW on February 15, 2018, alleging the following eight c...
2021.04.01 Motion for Sanctions 778
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.04.01
Excerpt: ...egitimate business reason as alleged in its fifth affirmative defense; (2) an order requiring Dignity to serve Plaintiff with the iVOS reports it improperly withheld; (3) an order that at Dignity's expense Plaintiff's forensic expert be granted reasonable access to Dignity's system to search for all emails from January 1, 2019 through February 15, 2019 by and between Plaintiff, Tina Randolph, Cecilia Sandoval, Karen Buckley, Kathleen Stedman and ...
2021.04.01 Motion to Strike Punitive Damages 694
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.04.01
Excerpt: ...ndant. (Complaint, page 3.) Plaintiff alleges that "[d]ue to Mr. Cheema's intoxication level, he entered the freeway travelling in the wrong direction." Plaintiff further alleges that "[a]s a result, Mr. Cheema collided with the front of Mr. Mathews' vehicle" and that "Mr. Cheema was driving with a suspended license for a prior DUI charge." (Complaint, GN‐1, page 4.) Plaintiff seeks an award of punitive damages. Defendant moves to strike paragr...
2021.04.01 Motion to Expunge Lis Pendens 512
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.04.01
Excerpt: ...cramento and pay Plaintiff $30,000, plus half the equity. A copy of the deed to the property attached to the Complaint shows that only Defendant is on title. (ROA 1.) Plaintiff recorded a Notice of Pendency of Action on June 8, 2020, Document No. 202006080156, and recorded a second Notice of Pendency of Action Pursuant to CCP § 405.20 on December 9, 2020, Document No. 202012090709. Plaintiff has not filed a copy of the first notice with the Cour...
2021.04.01 Motion to Quash Service of Summons 824
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.04.01
Excerpt: ...ies Plaintiff alleges he sustained suffered when a lithium‐ion 18650 battery exploded in Plaintiff's pocket. Plaintiff alleges the subject battery was manufactured and placed into the stream of commerce by LG Chem Korea and ultimately sold to Plaintiff by Defendant Coloma Smoke Shack and placed into an “ecigarette.” Plaintiff brought suit against LGCAI based on it being a United States distributor of LG Chem, Ltd.'s lithium‐ion 18650 batt...
2021.04.01 Motion to Set Aside Default, Judgment 254
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.04.01
Excerpt: ...nue, Citrus Heights, CA 95610. (ROA 8.) Default and default judgment were then entered against Defendant on June 26, 2013. (ROAs 12, 13.) An Abstract of Judgment was entered on September 1, 2016. (ROA 18.) Defendant now moves to quash service of summons and set aside the default and default judgment entered against her on the grounds that she was not served with the Summons and Complaint. Defendant moves pursuant to various code sections, includi...
2021.04.01 Motion to Strike (SLAPP) 916
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.04.01
Excerpt: ...003326, and the complaint in this action is granted. In taking judicial notice of these documents, the court accepts the fact of their existence, not the truth of their contents. (See Professional Engineers v. Dep't of Transp. (1997) 15 Cal.4th 543, 590 [judicial notice of findings of fact does not mean that those findings of fact are true]; Steed v. Department of Consumer Affairs (2012) 204 Cal.App.4th 112, 120‐121 [“[W]hile the existence of...
2021.04.01 Motion to Strike FAC 228
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.04.01
Excerpt: ...tionally misled to believe the bedding was 20% off. Plaintiff filed his original Complaint on November 2, 2020. (ROA 1.) Defendant moved to strike certain portions of the Complaint, including Plaintiff's claims for punitive damages. On February 2, 2021, the Court granted with leave to amend Defendant's motion to strike as to punitive damages on the ground the allegations were conclusory and insufficient to support such a claim; the remainder of t...
2021.03.30 Demurrer 706
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.03.30
Excerpt: ...es of action 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. *** Factual Background In March 2019 District issued Request for Proposal 19:04 (“RFP”) which sought written proposals for providing District with “Advanced Life Support Ambulance Services” for a period of three years. The RFP states that the “start date for the re...
2021.03.30 Motion for Protective Order or to Quash Subpoena 726
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.03.30
Excerpt: ...y of the specific document 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. *** Factual Background This action arises from a motor vehicle accident involving two semi‐trucks in April 2017. Plaintiff's complaint alleges a single cause of action against defendant Rai and defendant Dharminder but the latter was voluntarily ...
2021.03.30 Motion for Summary Judgment, Adjudication 648
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.03.30
Excerpt: ...posing counsel at the time of the request which of moving party's 41 Undisputed Material Facts, which of opposing party's 37 Additional Material Facts and/or which objections to evidence will be 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. *** Moving counsel failed to comply with CRC Rule 3.1350(g), which req...
2021.03.30 Motion to Compel Further Responses 170
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.03.30
Excerpt: ...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 provide notice of the Court's tentative ruling system, as required by Local Rule 1.06, and does not provide the correct department for the hearing on this motion. Moving counsel is directed to contact opposing counsel ...
2021.03.30 Motion to Set Aside Default, Judgment 482
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.03.30
Excerpt: .... A default judgment for nearly $44,000 plus costs was entered against both defendants on 8/29/2018. About a year later, plaintiff applied for an order to examine the two debtors and this examination occurred on 9/13/2019. Several months later the two defendants filed on 12/31/2019 a motion to set aside default and default judgment, which was set to be heard on 1/30/2020. This motion sought relief pursuant to Code of Civil Procedure §473(b) on t...
2021.03.25 Motion to Quash Deposition Subpoena 738
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.03.25
Excerpt: ... Chima's Towing gifted to Harmit Chima, the Toyota Solara that she was driving during the accident, but that because Chimas Towing botched the lien sale of the Solara, the previous owner, Sydney Paige Hetfeld, not Harmit Chima, still owned the vehicle. Plaintiff seeks a declaration that the 2012 lien sale was defective, a declaration that Sydney Paige Hetfeld still owns the vehicle and a declaration that Chima's Towing was borrowing the vehicle a...
2021.03.25 Motion to Expunge Lis Pendens 248
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.03.25
Excerpt: ...in a loan from a lender in the amount of $500,000, $2,000 was to be paid to at the opening of escrow, and Plaintiff would pay the remaining $123,000 at close of escrow. Plaintiff alleges that at the time the Parties entered the agreement, the property was reasonably worth $636,000, “so that the agreement was fair, just, and reasonable” and that the “consideration being paid to Defendant [was] adequate.” (Compl. ¶ 12.) Plaintiff alleges t...
2021.03.25 Motion to Amend Judgment 136
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.03.25
Excerpt: ...nd Harrington Declaration, submitted in conjunction with Plaintiff's Reply, is sustained. Plaintiff did not file objections to evidence. FACTS Plaintiff was formerly an employee of a chain of care homes in the Sacramento area, owned by Defendant Haven Valley Care, Inc., providing care giving services to disabled clients of the homes. Plaintiff filed claims for unpaid wages with the Labor Commissioner. On February 17, 2019, following a full day he...
2021.03.25 Motion for Sanctions 840
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.03.25
Excerpt: ...g counsel prior to the hearing, Plaintiff's counsel shall be available at the hearing, by Zoom as stated in the introductory NOTICE to today's Tentative Rulings, in the event opposing counsel appears without following the procedures set forth in Local Rule 1.06(B). Plaintiff's motion for sanctions under Code of Civil Procedure (“CCP”) sections 1281.97 and 1281.99 is DENIED as follows. The Court declines to rule on Defendant Elk Grove Auto Gro...
2021.03.25 Demurrer 874
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.03.25
Excerpt: ...to compensate Service Master for those services. Defendant alleges that Plaintiff failed to provide compensation for services under the terms of the contract. On May 27, 2020, ServiceMaster filed its Complaint in this Court (Case No. 34‐2020‐ 00280436) against Watts. The Complaint alleged causes of action for breach of written contract, open book, and account stated. Watts was personally served with the Summons and Complaint on July 13, 2020,...
2021.03.25 Demurrer 834
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.03.25
Excerpt: ...'s counsel is unable to contact opposing counsel prior to the hearing, Admiral's counsel shall be available at the hearing, by Zoom as stated in the introductory NOTICE to today's Tentative Rulings, in the event opposing counsel appears without following the procedures set forth in Local Rule 1.06(B). Admiral's demurrer to Plaintiff Clayco, Inc., dba Clayco Construction Company, Inc.'s (“Clayco”) Complaint is OVERRULED as follows. The parties...
2021.03.23 Demurrer, Motion to Strike 996
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.03.23
Excerpt: ... purchase and subsequent use of a Shiatsu Massage Pillow, which is alleged to have caused a variety of injuries to plaintiff. The 1AC purports to assert causes of action for Negligence, “Strict Products Liability,” and “Fraud.” Defendant now demurs only to the final cause of action for “Fraud” on the ground it fails to plead sufficient facts. In particular, defendant contends that this cause of action consists solely of impermissible ...
2021.03.23 Motion for Summary Judgment 378
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.03.23
Excerpt: ...n Sells, Sr., Kristen Sells, and Samuel Delavallade (collectively, “Plaintiffs”) filed a statement of non‐ opposition. This action concerns alleged medical negligence involving the alleged negligent care and treatment received by plaintiff Kristen Sells during the labor and delivery of Kash Sincere Delavallade from Dr. Kopf and other defendants. Dr. Kopf moves for summary judgment on the ground Plaintiffs cannot establish breach of the appl...
2021.03.23 Motion for Summary Judgment, Adjudication 172
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.03.23
Excerpt: ...t 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 Ramos Oil (erroneously sued as PacWest Tank Lines, LLC) and Brian Hampton's (“Hampton”)(collectively “Defendants”) motion for summary judgment, or in the alternative summary adjudication, is ruled upon as follows. Overview This is personal injury action...
2021.03.23 Motion for Summary Judgment, Adjudication 458
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.03.23
Excerpt: ...music, food vendors, and samples of local beer and wine. At the event a large tree limb fell on plaintiff Steven Bralley (“Plaintiff”) when he was sitting under a large Valley Oak, which caused him to sustain injuries and rendered him a paraplegic. Plaintiff and his wife, Dana Bralley (collectively, “Plaintiffs”) filed their Complaint on June 27, 2019, against Gordon, the organizer of the event, Cosumnes Community Services District (“CC...
2021.03.23 Motion to Compel Further Responses 926
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.03.23
Excerpt: .... *** Plaintiff Lauren Sanders' (“Plaintiff”) motion to compel Defendant GHC of SACSNF,LLC dba Gramercy Court's (“Gramercy Court”) further responses to request for production of documents is ruled upon as follows. This is an elder abuse, medical negligence and wrongful death action. Plaintiff Lauren Sanders suing in her individual capacity, as well as successor‐in‐interest to decedent Louise Chappell (“Decedent”). Plaintiff allege...
2021.03.23 Motion to Compel Further Responses, for Production of Docs 778
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.03.23
Excerpt: ...ado 1500, VIN 3GCUKREC2GG334281 (the “Vehicle”). Plaintiff served GM with Form Interrogatories, Set One, on October 16, 2020. (Matera Decl. Exh. 1.) GM served unverified responses on November 4, 2020. (Matera Decl. Exh. 2.) Documents were later produced on December 4, 2020. (Matera Decl. Exh. 3.) Verifications followed on December 31, 2020. (Matera Decl. Exh. 4.) On February 9, 2021, Plaintiffs asked GM for an extension to the motion to compe...
2021.03.23 Motion to Stay Action 738
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.03.23
Excerpt: .... The Solano County Action Plaintiff Reveille Farms, LP (“Plaintiff”) operates a working farm in Dixon, California. In October of 2017, it contracted with Michel Labor Services (“MLS”) for field and farm labor. According to the First Amended Complaint (“FAC”) filed in the Solano County Action, Plaintiff never participated in the hiring, selection, or firing of field and farm laborers and paid MLS for the cost of labor plus profit for ...
2021.03.23 Motion to Strike (SLAPP) 556
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.03.23
Excerpt: .... Dep't of Transp. (1997) 15 Cal.4th 543, 590; Steed v. Department of Consumer Affairs (2012) 204 Cal.App.4th 112, 120‐121.) Vibra Hospital fails to comply with CRC Rule 3.1110(f)(3) which requires that each paper exhibit must be separated by a hard 8 ½” x 11” sheet with hard paper or plastic tabs extending below the bottom of the page, bearing the exhibit designation. I. Overview This is an action for Declaratory Relief, Unfair Business P...
2021.03.23 Motion to Strike Supplemental Expert Designation 856
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.03.23
Excerpt: ...d his automobile insurance carrier, GEICO. The action arises out of a November 16, 2017, rear‐end collision that caused neck, back, and left arm injuries to Ellis. The matter was referred to arbitration pursuant to Ellis' automobile policy with GEICO. The arbitration evidentiary hearing is scheduled for May 6, 2021. (Sandhu Decl. ¶ 2.) The only issue to be determined at arbitration is the nature and extent of Ellis' physical injuries. On Decem...
2021.03.18 Motion to File SAC 394
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.03.18
Excerpt: ...m, California (the “Inn”). Plaintiff alleges that in 2007, it entered into a written construction contract with Poelman Construction, Inc. (“Poelman”) to build the Inn. (First Am. Compl. (“FAC”) ¶ 12.) Poelman subcontracted with DTS Mechanical, Inc. (“DTS”), an HVAC installation contractor. (FAC ¶ 14.) DTS installed a Daikin VRV‐II system (“VRV‐II” or “HVAC System”) that was supplied by Norman S. Wright Mechanical Eq...
2021.03.18 Demurrer 896
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.03.18
Excerpt: ...). Plaintiff's and Defendants' requests for judicial notice are unopposed and granted. Background This action arises out of a dispute over the Fong family businesses and the decedent Samuel B. Fong's (“Decedent”) personal estate. Defendant Jason Yet Ying Fong (“Jason”) is the Decedent's son and the Executor of his Estate, as appointed by the Sacramento County Superior Court in Case No. 34‐ 2018‐00244649 (the “Probate Action”). (TA...
2021.03.18 Demurrer 838
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.03.18
Excerpt: ...rison psychiatrist. Plaintiff is no longer incarcerated. He was released from Solano State Prison in February 2021. Plaintiff, in pro per, filed the Complaint on June 17, 2019. The Complaint alleged two causes of action for negligence and intentional tort. Defendant demurred to the Complaint, which was sustained with leave to amend on December 18, 2019. Plaintiff filed a First Amended Complaint (“FAC”) on December 20, 2019, which again allege...
2021.03.17 Motion for Summary Adjudication 448
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.03.17
Excerpt: ...Civil Code § 51 (civil rights of persons in business establishments); (2) Civil Code § 51.7 (Ralph Civil Rights Act); (3) conversion; (4) intentional infliction of emotional distress; (5) consumer legal remedies act; and (6) injunctive relief. Plaintiff's complaint alleges that Best Buy discriminated and threatened violence against him due to his race (African American), ethnicity and/or national origin (Nigerian) when he attempted to exchange ...
2021.03.17 Motion for Relief from Waiver of Objections 654
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.03.17
Excerpt: ...has indicated the incorrect address in its notice of motion. The correct address for Department 54 of the Sacramento County Superior Court is 813 6th Street, Sacramento, California 95814. Defendant shall notify Plaintiff immediately. On November 30, 2020, Plaintiff served Request for Production of Documents, Set One, and Special Interrogatories, Set One, on Defendant's attorneys via email. (Bocanegra Decl. ¶ 6.) Responses were due on January 4, ...
2021.03.17 Demurrer 362
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.03.17
Excerpt: ...iff filed what was labeled an opposition, but which suggested the most efficient means of addressing the issues presented by defendant is to simply sustain the demurrer with leave to amend within 20 days. Accordingly, the Court construed Plaintiff's opposition as effectively conceding the merits of the arguments advanced by Defendant and sustained the demurrer with leave to amend. Plaintiff filed the FAC on October 21, 2020, alleging the followin...
2021.03.16 Demurrer 824
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.03.16
Excerpt: ...tted on law and motion matters. *** Defendant County of Sacramento's (erroneously sued as the Sacramento County Sherriff's Department) demurrer to Plaintiff Jeffrey Bacoch's first amended complaint (“FAC”) is ruled upon as follows. Overview This is a FEHA gender/sex discrimination, harassment, and retaliation action. Plaintiff alleges that he was been employed with Defendant for over 25 years as an academy Training Officer, Field Training Off...
2021.03.16 Motion for Summary Judgment, Adjudication 394
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.03.16
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 Daikin North America, LLC (“Daikin NA”) and DACA Delaware Dissolution Trust's (“DACA”) (collectively “Daikin Defendants”) motion for summary judgment, or in the alternative, summary adjudication is ruled upon as follows. I. Overview This ...
2021.03.16 Motion to Compel Further Responses 996
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.03.16
Excerpt: ...** Plaintiff Michael Giambona's motion to compel Defendant Zyllion, Inc.s' further responses to form and special interrogatories is ruled upon as follows. This is a products liability action in which Plaintiff was injured by Defendant's ZMA 13BK Shiatsu Massage Pillow. Plaintiff alleges that he suffered a stroke and other injuries due to the product's design and manufacturing defects, and failure to warn. At issue are Form Interrogatory 12.5 and ...
2021.03.16 Motion to Revoke Arbitration Stay 840
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.03.16
Excerpt: ... shortly before entering into the purchase agreement with Defendant Elk Grove Auto Group, Inc. dba Elk Grove Dodge Chrysler Jeep (“Defendant”). Wheat's complaint asserts causes of action for Financial Elder Abuse, Violation of Consumer Legal Remedies Act, Unfair Competition, Undue Influence, Civil Code §3345, Penal Code violations and Conversion. He seeks monetary damages as well as rescission of the purchase agreement. On 8/20/2020, the cou...
2021.03.11 Motion to Enforce Settlement 436
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.03.11
Excerpt: ...ction of consumer debt in the amount of $34,632.11. Plaintiff filed this lawsuit on March 13, 2019. On January 26, 2021, the Parties met for a Mandatory Settlement Conference (MSC) in Department 59. Following the MSC, the Court entered a Minute Order reflecting that a Stipulation for Settlement was or would be filed. (ROA 25.) The Parties agree that, among the terms of the settlement, were that Defendants were required to pay Plaintiff $18,000 ov...
2021.03.11 Motion for Terminating Sanctions 710
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.03.11
Excerpt: ...ch's obligation was guaranteed by Defendant Sharmilla Patil. Defendant Patil filed an Answer to the Complaint on June 12, 2020. Defendant Patil's answer to that complaint, filed June 12, 2020, comprises a general denial with sixteen affirmative defenses. On August 20, 2020, Plaintiff served special interrogatories on Defendant. Defendant failed to respond to the discovery requests. Having failed to obtain responses to the discovery requests, NCSS...
2021.03.11 Motion for Preliminary Injunction 610
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.03.11
Excerpt: ...erative pleadings, currently set for hearing on June 10, 2021.) Plaintiff David Steward alleges that at some point in 2002, Defendant Bickford contacted him and the two together ultimately developed a multi‐company business strategy in which Plaintiff focused on technology marketing, commercialization and financing; and Defendant focused on technology software development. (SAC ¶ 16.) The two formed a joint venture, by which they established t...
2021.03.10 Petition to Compel Arbitration 506
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.03.10
Excerpt: ... or the “Schaffs”). The Schaffs hired C. Piata Construction to remodel their home. A “Home Improvement Contract” (the “Contract”) was signed by Meredith Schaff and Craig Piatenesi. Jeff Schaff did not sign the Contract. Craig Piatenesi signed section 33, Arbitration of Disputes, but neither Meredith nor Jeff signed or initialed the arbitration section. (Petition Exh. A.) In or about August of 2019, during the course of the home improv...
2021.03.10 Motion to File Cross-Petition 654
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.03.10
Excerpt: ..., Jerry Fong, and Art Fong (collectively, the “Fong Siblings”) request for judicial notice is granted. Mr. Fong moves the Court for leave to file his Petition for Order Confirming Trust Assets; for Order Authorizing and Directing the Transfer of Trust Property to Trustee; and for Double Damages under Probate Code § 859 (the “Cross‐ Petition”) as a CrossComplaint against the Fong Siblings and the Lily Company, not a party to this action...
2021.03.10 Demurrer, Motion to Strike 956
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.03.10
Excerpt: ...ntative ruling system and to be available at the hearing, in person or by telephone, in the event the opposing counsel appears without following the procedures set forth in Local Rule 1.06(B). FCA has also indicated the incorrect address in its notice of motion. The correct address for Department 53 of the Sacramento County Superior Court is 813 6th Street, Sacramento, California 95814. FCA shall notify Plaintiff immediately. In this lemon law ac...
2021.03.10 Demurrer 432
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.03.10
Excerpt: ...e is granted as to items 1 and 2. The request as to item 3, which is the California Department of Insurance's Life Insurance and Annuities Guide as issued online, is granted to the extent that the Court takes judicial notice of the website's existence. However, the Court does not accept the contents of the website as true. (Ragland v. U.S. Bank National Assn. (2012) 209 Cal.App.4th 182, 194.) Plaintiffs filed their Complaint on December 31, 2018,...
2021.03.09 Demurrer 120
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.03.09
Excerpt: ...t‐and‐confer process in person or by telephone, as required by Code of Civil Procedure §430.41(a). Having received the requisite meet‐and‐confer declaration, the Court now issues the following tentative ruling. *** If oral argument is requested, the parties must at the time oral argument is requested notify the clerk and opposing party of the specific causes of action that will be addressed at the hearing. The parties are also reminded t...
2021.03.09 Demurrer 760
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.03.09
Excerpt: ...nt Provident Savings Bank's (“PSB”) demurrer to Plaintiff Daniella Gusella's complaint is ruled upon as follows. Overview This is a non‐judicial foreclosure, Homeowners' Bill of Rights (“HBOR”) action. Plaintiff alleges that on 2/27/2004, Frank and Cynthia Aubrey obtained a mortgage in the amount of $540,000 from Countrywide Home Loans, Inc. (“Countrywide”) for the property. (Complaint, ¶ 11.) The mortgage was secured by a Deed of ...
2021.03.09 Motions to Compel Further Responses 362
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.03.09
Excerpt: ...Plaintiff's motion to compel Defendant FCA US, LLC's further responses Request for Admissions is ruled upon as follows. This is a lemon law action. Plaintiff alleges that on February 22, 2014, she purchased a vehicle from defendant. The vehicle began experiencing defects. Plaintiff delivered her vehicle to an authorized repair facility on 9 occasions, but the defects were never repaired. Plaintiff filed this action on 7/27/2020. Plaintiff moves t...
2021.03.09 Demurrer 374
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.03.09
Excerpt: ...s. *** Defendant Hyundai Motor America's (“HMA”) demurrer to Plaintiff Viacheslav Elikov's first amended complaint (“FAC”) is ruled upon as follows. Overview Plaintiff alleges that HMA is or was the manufacturer and/or distributor of the Vehicle that is the subject of this litigation. (FAC, ¶ 5.) Plaintiff alleges that HMA runs and advertises a certification program in which its used vehicles are certified by HMAauthorized retailers as b...
2021.03.04 Motion for Summary Judgment, Adjudication 282
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.03.04
Excerpt: ...rt, Rule 2.104. The font sized used for Plaintiff's opposition brief was less than the required 12 point minimum. Had the proper font size been used, the length of the opposition would have exceeded the 20 pages maximum. Evidentiary Objections Pursuant to Code of Civil procedure section 437c, subdivision (q), the Court only rules on the objections to evidence deemed material to its disposition of the motion. Sutter's evidentiary objections are ru...
2021.03.03 Motion to Set Aside Rejection of Application for Renewal of Judgment 646
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.03.03
Excerpt: ...ired by Local Rule 1.06(D), the notice does not comply with that rule. Moving counsel is directed to review the Local Rules. Plaintiff/judgment creditor SMUD contends that as a result of its legal counsel's mistake, inadvertence and excusable neglect, it failed to timely file its application pursuant to Code of Civil Procedure §683.120 to renew the lump sum money judgment it obtained against defendant Tucker back on 6/14/2010. Specifically, plai...
2021.03.03 Motion to Enforce Settlement 204
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.03.03
Excerpt: ...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. Plaintiff's opposition fails to comply with CRC Rule 3.1113(f). Overview This is a personal injury action arising from a motor vehicle accident. Defen...
2021.03.03 Motion to Compel Further Responses 148
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.03.03
Excerpt: ...matters. *** Defendant Ridge Elk Grove LP's (“REG”) motion to compel plaintiff in pro per Ireana Price's (“Ireana”) further responses to Requests for Production of Documents, Set One, is ruled on as follows. The Court did not consider Ireana's "Reply to Defendants' Reply to Plaintiff's Opposition" since such a document is not permitted by the Code of Civil Procedure. Factual Background This action was commenced on 1/24/2019 when the Law O...
2021.03.03 Demurrer 116
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.03.03
Excerpt: ... that will be addressed at the hearing. Counsel are also reminded that pursuant to local rules, only limited oral argument is permitted on law and motion matters. *** Factual Background Plaintiff TW is a 13‐year‐old, 80 pound bi‐racial (African‐American and Caucasian) male student with epilepsy. The 1AC generally alleges that District committed a variety of wrongdoing: ∙ Failed to properly assess plaintiff for necessary accommodations f...
2021.03.02 Motion for Determination of Good Faith Settlement 044
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.03.02
Excerpt: ...m Marine Industries, Inc's (“Bellingham”) motion for a determination of good faith settlement is GRANTED. Evidentiary Objections Bellingham and Wayne Maples Plumbing & Heating, Inc. (“Wayne Maples”) filed evidentiary objections in connection with the motion. The Court need not reach any of the evidentiary objections because the subject evidence is immaterial to the Court's decision on the motion. The Court's decision on the motion is the ...
2021.03.02 Demurrer, Motion to Stay 552
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.03.02
Excerpt: ... (the “LWDA”). The LWDA letter is not the proper subject of judicial notice. Plaintiff Darrayzha Moten's (“Moten”) request for judicial notice is unopposed and 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 o...
2021.02.25 Motion for Attorney Fees 851
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.02.25
Excerpt: ...n are overruled. Overview The following factual and procedural overview is found at pages 950‐952 of the Court of Appeal's opinion in Coley v. Eskaton (2020) 51 Cal.App.5th 943. “In November of 2014, Coley and another . . . homeowner, Karen B. Lorini, filed a class action against [Eskaton, Eskaton Village‐Grass Valley (Eskaton Village), and Eskaton Properties Inc. (collectively, the Eskaton entities)], Murch, Donovan, and, as a nominal defe...
2021.02.25 Application for Right to Attach Order 910
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.02.25
Excerpt: ...1415 Folsom Boulevard and 6660 Coyle Avenue. Plaintiff contends the services and materials it furnished at the two properties had a total value of $24,628.63. Plaintiff also claims it is owed service charges totaling $7,085.88 on unpaid balances at the contract rate of 1.5% per month. (See Compl., ROA # 1.) Plaintiff filed the Complaint against Defendants Donald Reinnoldt (“Reinnoldt”); 11415 Folsom, LLC; Bella Terra Design, LLC; and Greenbac...
2021.02.25 Demurrer 928
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.02.25
Excerpt: ...' demurrer to Plaintiff William F. Molina and Donna Goles' (“Plaintiffs”) Complaint is SUSTAINED with leave to amend as follows. Defendants' request for judicial notice is granted as to Exhibits 2 and 3, which are public records concerning the subject property. It is denied as to Exhibit 1, a May 2019 article published in The State Hornet. (See People v. Ramos (1997) 15 Cal.4th 1133, 1167 [affirming the trial court's refusal to take judicial ...
2021.02.25 Motion for Terminating Sanctions 214
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.02.25
Excerpt: ... between Plaintiff and Defendant Sidney Leung. The Second Amended Complaint asserts two causes of action 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, an...
2021.02.25 Motion to Disqualify Counsel 770
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.02.25
Excerpt: ...and his brother, Defendant Timothy Poole (“Tim”). Plaintiff and Tim are the sole shareholders of Dome, a longtime family printing business. (Pl.'s Decl. ISO Mot. ¶¶ 1, 2.) In December 2018, Plaintiff, Dome, and Tim were all sued in Orange County Superior Court in an employment law matter, captioned Keena v. Merlitz Incorporated dba DOME Printing, et al., Case No. 30‐2018‐01039117 (the “Keena matter”). The Keena matter involved vario...
2021.02.25 Motion to File Amended Complaint, Petition to Compel Arbitration 486
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.02.25
Excerpt: ...rn California, Woodside Homes Company LLC and Does 1 through 10. Plaintiff alleged that defendants were her employer. Adkison further alleges that she was terminated from her job as a salesperson “in retaliation for opposing a sexual harassment investigation of her supervisor where she was purportedly the alleged victim being harassed, which she denied.” According to the FAC, Adkison wasn't paid pending commissions when she was terminated, gi...
2021.02.25 Motion to Strike Costs 584
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.02.25
Excerpt: ...�), disposed of the action against Joanne Suavillo as an individual. As the court explained in its request for supplemental briefing, “[t]he fact that Joanne was alleged to conduct business under a fictitious business name did not create a different person or entity.” (1/26/2021 Order.) The court has reviewed the parties' supplemental briefs. Defendant Joanne Suavillo dba Wandering Boba's supplemental brief did not address the issues requeste...
2021.02.24 Motion to Compel Arbitration and Stay Proceedings 770
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.02.24
Excerpt: ...� signatures upon certain arbitration provisions ‐‐ was not filed with the moving papers. Instead, these “wet ink” signatures were raised and filed for the first time on Reply, denying Plaintiff Emilee Richardson (“Plaintiff”) a full and fair opportunity to respond thereto. In their moving papers, Defendants filed copies of arbitration provisions bearing only Plaintiff's “electronic” signature. Indeed, the motion was framed as bei...
2021.02.24 Motion for Relief from FAC 838
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.02.24
Excerpt: ...er continuance. Plaintiff has not explained why his release makes it impossible for him to appear remotely (i.e., through Zoom or via phone) on the scheduled hearing date. The Department 54 Zoom link is http://saccourt.zoom.us/my/dept53.54a. The Department 54 Zoom ID is: 841 204 6267. To appear on Zoom by phone, call (888) 475‐4499 or (877) 853‐5257 (toll‐free) and enter the Zoom ID referenced above. The Court urges Plaintiff to file his up...
2021.02.24 Motion for Final Approval of Class Action Settlement 952
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.02.24
Excerpt: ...�) is unopposed and is GRANTED pending the final fairness hearing to be held on this date. (Code of Civil Procedure § 382, California Rules of Court, Rule 3.769.) In this action, Plaintiff alleges that defendant employer violated various wage & hour provisions of the California Labor Code. The Complaint also includes claims under the Labor Code's Private Attorney General Act (“PAGA”). In approving a class action settlement, the Court is to d...
2021.02.23 Motion to Expunge Lis Pendens 328
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.02.23
Excerpt: ...Angela Taylor (represented by attorney Lyle Solomon) recorded a lis pendens against the subject property ostensibly based on a lawsuit filed against Ms. Villarreal and her estate. However, it appears no such lawsuit had actually been filed and in any event, Placer County was not the appropriate venue for same. When Martinez demanded the improper lis pendens be withdrawn, plaintiffs revealed that they had “a qualified company that expressed thei...
2021.02.23 Demurrer 818
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.02.23
Excerpt: ...ich Leisure cited in its reply brief. Having received from IEAC no copy of any endorsed/filed amended complaint (much less by the 2/8/2021 deadline), the Court now rules on Leisure's pending demurrer to the original complaint. Factual Background This is a subrogation action. IEAC alleges in its first cause of action for subrogation that it paid $14,333.68 to repair water damage to its insured's home in Arcadia, California (Compl., ¶¶6, 8‐10) ...
2021.02.23 Demurrer 088
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.02.23
Excerpt: ...ted on law and motion matters. *** Defendant The Ezralow Company, LLC's (“TEC”) demurrer to Plaintiff's Fourth Amended Complaint (“4AC”) is ruled on as follows. Overview This is an action involving claims of wrongful termination and retaliation in violation of both Government Code §12940 and Labor Code §1102.5. Plaintiff alleges she learned that a Senior Vice‐President of TEC was having an extramarital affair with a vendor who worked ...
2021.02.11 Demurrer 132
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.02.11
Excerpt: ...Defendant Lonnie Dewitt's demurrer to Plaintiff Alexsei Lukianov's first amended complaint (“FAC”) is ruled upon as follows. Overview This is an action between a former couple in which Plaintiff alleges that Defendant failed to disclose his HIV‐positive status and infected Plaintiff through unprotected sexual activities. Plaintiff is a resident of Russia. Defendant is alleged to be at all relevant times a resident of Sacramento County. Plai...
2021.02.11 Motion for Determination of Good Faith Settlement 394
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.02.11
Excerpt: ... with Poelman to build the Inn. Poelman subcontracted with Defendant/CrossComplainant/Cross‐Defendant DTS Mechanical, Inc. (“DTS”), an HVAC installation contractor. DTS installed a Daikin VRV‐II system (“VRV‐II” or “HVAC System”) that was supplied by Defendant/Cross‐Defendant Norman S. Wright Mechanical Equipment Corp. (“NSW”), an agent and/or authorized representative of Defendants/Cross‐Defendants Daikin North America,...
2021.02.11 Motion for Summary Judgment, Adjudication 660
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.02.11
Excerpt: ... contact opposing counsel forthwith and advise counsel of Local Rule 1.06 and the Court's tentative ruling procedure. If One Call's counsel is unable to contact opposing counsel prior to the hearing, One Call'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 counsel appears without following the procedures set forth in Local Rule 1.06(B). One ...
2021.02.11 Motion to Quash Subpoena 090
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.02.11
Excerpt: ...ter Douglas Fabrication Co. (“HDFC”) and Hunter Douglas, Inc.'s (“HDI”) (collectively “Defendants”) motion to quash amended subpoena for personal appearance of Isha Aguirre (“Aguirre”) and production of documents, or in the alternative, request for protective order is ruled upon as follows. I. Overview This is a FEHA employment action. Plaintiff alleges that Defendants retaliated and discriminated against her because she had taken...
2021.02.11 Motion to Strike SAC 022
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.02.11
Excerpt: ...16, 2018 (“SAC”; ROA #56) in its entirety. Alternatively, the Motion requests the court to strike all or portions of paragraphs 5, 9‐20, 27, 30, 32‐34 from the SAC, on the grounds that they allege irrelevant, false, or improper matter. The Motion also includes a request for sanctions pursuant to Code of Civil Procedure § 128.5(a) for “actions or tactics, made in bad faith, that are frivolous or solely intended to cause unnecessary dela...
2021.02.10 Motion to Compel Further Responses 362
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.02.10
Excerpt: ...s (“Mr. Bolanos”) held title to the Property as joint tenants. Mr. Bolanos subsequently transferred his interest in the Property to Defendant. Plaintiff filed this action on June 9, 2020 alleging financial elder abuse, among other things. The Verified First Amended Complaint alleges causes of action for: 1) financial elder abuse, 2) partition, 3) judicial foreclosure, 4) theft by false pretenses, and 5) undue influence fraud. Plaintiff prays ...
2021.02.09 Petiton to File Action 294
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.02.09
Excerpt: ...ual Background This action arises from a motor vehicle accident occurring at an intersection in Sacramento on 1/24/2019. Plaintiff asserts that the collision was caused at least in part by a “construction sign” which “obscured traffic near the intersection” and he did not discover the sign was owned by SMUD until 11/16/2020. In order to hold SMUD, a public entity, accountable, plaintiff now moves pursuant to Government Code §946.6 for re...
2021.02.09 Petition to Arbitrate and Stay Civil Action 774
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.02.09
Excerpt: ... operative complaint purports to assert claims for disability discrimination, failure to accommodate, retaliation, wrongful termination, unfair business practices and “waiting time penalties” under Labor Code §201 and §203. Moving Papers. According to Defendants, plaintiff applied for employment with JSFA in 2014 and signed a valid, enforceable agreement to arbitrate any and all claims arising out of his employment including those for discr...
2021.02.09 OSC Re Preliminary Injunction 374
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.02.09
Excerpt: ...he Court's CCMS system allows the public to access and view all pleadings and documents once they are filed unless the Court orders otherwise and thus, it is imperative for counsel to appropriately redact all pleadings and documents before filing. If plaintiffs' now desire to shield this information from the public, they shall promptly file and serve an appropriate noticed motion to seal pursuant to CRC Rule 2.550 et seq. and lodge (not file) wit...
2021.02.09 Motion to Proceed as Doe Plaintiff 072
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.02.09
Excerpt: ... Plaintiffs are Sutter patients and they generally allege they have sent and received electronic communications with Sutter via its website, sutterhealth.org, which provides patients with multiple options to sign‐in to the Patient Portal, search for a doctor, pay a bill, or exchange communications relating to their medical condition. It is claimed that when a person uses the website, Sutter discloses certain information about such use to Facebo...
2021.02.09 Application for Writ of Attachment 106
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.02.09
Excerpt: ... in Plaintiff's memorandum of points and authorities, and the proposed right to attach order. Despite these deficiencies, Defendant filed an opposition to the merits of the Application. Defendant did not object to defective notice. By opposing the Application on the merits, Defendant waived the deficiencies regarding notice. Moreover, it is clear from the opposition that Defendant understands that Plaintiff seeks to attach $326,936.33. Overview I...
2021.02.04 Motion to Compel Further Responses 470
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.02.04
Excerpt: ...t for Production of Documents, Set One, from Plaintiffs Jeff Harris and Teresa Harris are ruled upon as follows. This is an elder abuse action. This matter arises from the admission of decedent Eva Harris at 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 ulti...
2021.02.04 Motion to Compel Further Responses 128
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.02.04
Excerpt: ...commenced on 3/14/2018 by plaintiffs Digital Tactics, Inc. ("DTI"), Terra/ERI, and Michael Newsom (collectively "Plaintiffs") as against defendants Steven Sprague, EnergySquad.org, Inc., Viruk Tungpagasit, ESH, and Duane Sprague (collectively "Defendants"). In June of 2018, Plaintiffs filed a First Amended Complaint ("FAC") which purports to assert causes of action for misrepresentation, breach of contract, breach of operating agreement, breach o...
2021.02.04 Motion to Compel Further Responses 006
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.02.04
Excerpt: ...their Special Interrogatories, set two ("SIs"), is granted as follows. Background The Court incorporates by reference herein the background from its concurrent ruling on Plaintiffs' Motion to Compel Further Responses to its Requests for Production of Documents, set two (“RFPs”). In addition to the RFPs, Plaintiffs propounded SIs to Van Son on September 17, 2020, related to Mr. Bendowski's testimony in the Lopez trial. (SIs, attached as Ex. F ...
2021.02.04 Motion for Summary Judgment, Adjudication 968
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.02.04
Excerpt: ...in the alternative summary adjudication, as to Plaintiff Barbara Young (“Plaintiff's) first amended complaint is ruled on as follows: Defendant's objections nos. 8, 9, 13, 15, 21, 23, 28‐35 are 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 de...
2021.02.03 Motion to Terminate or Modify Order Appointing Receiver 647
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.02.03
Excerpt: ... of Citrus Heights (“City”). The Citrus Heights Code Enforcement issued a red tag on the property which is a 2392 sq. ft. single family residence on a 1.06 acre lot (“Property”). The CHCE deemed the Property “unsafe to occupy.” On 6/2/2020, the court appointed Eric P. Beatty as the Receiver (“Receiver”) to “duly correct all of the existing violations now existing upon the Subject Property and to see to it that the violations do ...
2021.02.03 Motion to Enforce Court Order 282
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.02.03
Excerpt: ...�AML”) application for writ of attachment against Pierce (“Application”). (ROA 49.) On 1/31/2020, the court issued the right to attach order and writ of attachment (“RTAO/WA”). (ROA 55.) On 2/27/2020, the court issued the writ of execution. (ROA 56.) The Application sought to attach, and RTAO/WA and writ of execution attached: “All real property, accounts receivable, chattel paper, and general intangibles arising out of the conduct of...

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