Search by Keyword:
Start Date:
End Date:
Tip: Wrap text in quotation marks when searching for phrases (e.g. "motion to dismiss").

2492 Results

Clear Search Parameters x
Location: Sacramento x
Judge: Krueger, Christopher E x
2021.02.03 Motion to Declare Vexatious Litigant 828
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.02.03
Excerpt: ...uire Posting of Security is GRANTED as follows. Defendant's request for judicial notice is granted. The Court notes it did not consider the filings submitted by Plaintiff on December 17, 2020, and December 28, 2020, as Plaintiff did not have leave of court to submit supplemental briefing on the motion. A. Background Plaintiff, in pro per, is an inmate currently incarcerated at Corcoran State Prison. Plaintiff's form complaint states that he sues ...
2021.02.02 Motion to Compel Further Responses 752
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.02.02
Excerpt: ... On January 28, 2021, Plaintiff filed a supplemental declaration attesting to meet and confer efforts of counsel to obtain the documents. Defendant did not submit a supplemental declaration or other pleading. According to Plaintiff, all efforts to meet and confer were unsuccessful and, beyond that, Defendant declined to produce individuals whose depositions had been set for January to who might have aided in the designation, classification, and p...
2021.02.02 Motion for Summary Judgment 090
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.02.02
Excerpt: ...(“Essentia”) filed an Opposition. (ROA 260.) This ruling addresses SMUD's MSJ as opposed by Essentia. Essentia also filed a Joinder (ROA 261) stating “Plaintiff ESSENTIA INSURANCE COMPANY A/S/O JOHN W. COX hereby incorporates by reference the Opposition of Plaintiff FEDERAL INSURANCE COMPANY'S and the Opposition of Plaintiff TRAVELERS INDEMNITY COMPANY OF CONNECTICUT'S including all memorandum of points and authorities, declarations, exhibi...
2021.02.02 Motion for Relief from FAC 838
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.02.02
Excerpt: ...rs of receiving it. The Litigation Coordinator shall make Plaintiff available, by COURTCALL, at 9:00 a.m. on the date of the continued hearing date, which will be February 24, 2021 to participate in oral argument. The continuance date will always be an appearance required hearing so that Plaintiff need not request oral argument. Plaintiff Gregory Taylor's (“Plaintiff”) “Motion for Relief from the First Amended Complaint” (Register of Acti...
2021.02.02 Demurrer 980
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.02.02
Excerpt: ...'s request for judicial notice is granted. Defendant demurrers on two grounds: (1) the FAC fails to comply with the Government Claims Act and all claims are barred under Government Code section 900, et seq., and (2) the FAC fails to plead exhaustion of administrative remedies under Title 15 of the California Code of Regulations. Plaintiff alleges two causes of action against Dr. Arya, one for negligence and the other for intentional infliction of...
2021.02.02 Motion to Strike Complaint 228
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.02.02
Excerpt: ...actually given any discount. Plaintiff alleges that Defendant “lures and entices shoppers to enter its stores and shop by displaying a false and misleading ‘20% OFF' sign, causing customers to believe all merchandise in the store is 20% off; when in reality, only some of its merchandise is 20% off; and further by placing 20% off standing signs on store shelves above merchandise that is being sold at full price.” (Compl. ¶ 1.) Plaintiff all...
2021.01.28 Petitions to Vacate Attorney-Client Fee Arbitration Award, to Confirm Attorney-Client Arbitration Award 638
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.01.28
Excerpt: ...d by Code of Civil Procedure §1290.2, which specifies that a petition relating to arbitration “shall be heard in a summary way in the manner and upon the notice provided by law for the making and hearing of motions” (i.e., Code Civ. Proc. §1005(b)), keeping in mind that 1/18/2021 (Martin Luther King, Jr. Day) was a court holiday. (Code Civ. Proc. §12c; Barefield v. Washington Mutual Bank (2006) 136 Cal.App.4th 299, 303.) Ordinarily, such d...
2021.01.28 Motion to Compel Arbitration 858
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.01.28
Excerpt: ... Factual Background This suit was commenced by plaintiff on 7/16/2020 as a representative action for civil penalties under the Labor Code's PAGA, asserting various wage‐and‐hour claims based on several different provisions of the Labor Code. On 9/15/2020 plaintiff filed a First Amended Complaint (“1AC”) which purports to add to the existing representative claims under the PAGA several new claims on behalf of a putative class of employees,...
2021.01.28 Demurrer 330
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.01.28
Excerpt: ...ction that will be addressed at the hearing. The parties are also reminded that pursuant to local Court rules, only limited oral argument is permitted on law and motion matters. *** Moving counsel failed to comply with CRC Rule 3.1110(b)(3)‐(4). Factual Background This action arises out of plaintiffs Felina and Percival Roque's $500,000 investment in a cannabis cultivation business. Plaintiffs generally allege that the various named defendants ...
2021.01.27 Motion to File SAC 970
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.01.27
Excerpt: ... December 1, 2021 (ROA #76.) A copy of the proposed amended pleading is attached to the Motion as Exhibit A. The Motion describes 18 additions, deletions or other alterations, and is supported by the declaration of Plaintiffs' attorney Stratton S. Barbee (“Barbee Dec.”) explaining that the amendments are not based on new facts, and that the effect of the amendment is to set forth the facts supporting the complaint in a more clear and organize...
2021.01.26 Demurrer 460
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.01.26
Excerpt: ...uthorities” (“FAC MPAs”). The JC Form is merely the initial first three pages of the JC Form with no attachments that include the charging allegations. With respect to the paragraph 9 of the JC Form related to compliance with the claims statute, Plaintiff checked the box that he was excused from complying because “Plaintiff attempted to exhaust administrative remedies and was denied by prison officials when they failed to return the appea...
2021.01.26 Demurrer 078
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.01.26
Excerpt: ...tion to Interplead Penal Amount of Contractor's State License Bond And Bond Of Qualifying Individual. AIC alleges that it issued, “as surety, on behalf of James Peterson Industries, Inc. dba Solar 4 America (“PII”), as principal, a certain California Contractor's State License Bond No. SUR0022726 in the penal sum of Fifteen Thousand Dollars and No Cents ($15,000.00), pursuant to Business and Professions Code Sections 7071.5 ‐ 7071.11, eff...
2021.01.26 Motion to Compel Further Responses 666
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.01.26
Excerpt: ... of documents (set one) is ruled upon as follows. Plaintiff QBE alleges that its insured, Tara Goleno (“Goleno”), hired a contractor to remodel the kitchen in her home. As part of the remodeling job, the contractor installed a new dishwasher which connected and attached a Watts dishwasher adapter fitting to the new dishwasher. QBE alleges that on 12/14/2018, water loss from Watt's dishwasher adapter fitting caused water damage to the home and...
2021.01.26 Motion for Attorney Fees 454
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.01.26
Excerpt: ...1/20/2019, Defendants served CCP §998 Offer in the amount of $156,001. Plaintiffs accepted the offer which included a full statutory “buy‐ back” of the vehicle, as well as other damages and penalties. Pursuant to Civ. Code §1790(d), Plaintiffs seek attorneys' fees under the “lodestar” method in the amount of $12,937.50, a “lodestar” enhancement of 0.5, in the amount of $6,468.75, for a total of $19,406.25 as the attorneys' fees, a...
2021.01.26 Motion for Discharge from Liability, for Award of Costs and Fees 078
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.01.26
Excerpt: ...as well as for an award of $3,648 in attorney fees and $435 in costs, is ruled upon as follows. The notice of motion does not provide notice of the Court's tentative ruling system, as required by Local Rule 1.06. Moving counsel is directed to contact opposing parties 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 counse...
2021.01.26 Motion to Compel Further Responses 824
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.01.26
Excerpt: ...** Plaintiff Christopher Daneri's (“Plaintiff”) motion to compel further discovery responses from Specially Appearing Defendant LG Chem America Inc. (“LGCAI”) regarding jurisdictional discovery responses (set three), and to compel jurisdictional deposition is ruled upon as follows. LGCAI has a pending motion to quash service of summons and complaint due to lack of jurisdiction. The court has continued the motion a number of times to allow...
2021.01.21 Motion for Summary Judgment, Adjudication 102
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.01.21
Excerpt: ... 15, 2019. On October 15, 2019, defendants requested a continuance of the motions to January 31, 2020, upon the ground that the plaintiff's counsel requested additional time to complete depositions prior to filing an opposition, and that all parties agreed to the continuance. The motions for summary judgment and concurrent motion to seal exhibits were continued accordingly. On January 8, 2020, defendants' counsel again requested a continuance of ...
2021.01.21 Motion for Summary Judgment, Adjudication 006
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.01.21
Excerpt: ...cluding benzene, acetone and hydrofluoric acid during her employment at California Professional Firefighters and Firefighters Print and Design (collectively “CPF”) between 1986 and July of 2019. Plaintiffs allege that products containing benzene, acetone and hydrofluoric acid were a causal factor of her illness. Seanne alleges that she was exposed to K.Wilson's products, which she alleges are benzene‐containing petroleum hydrocarbon solvent...
2021.01.21 Motion for Preliminary Approval of Class Action and PAGA Settlement 256
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.01.21
Excerpt: ...ng causes of action for unpaid wages, unpaid overtime, failure to pay a minimum wage, meal and rest break violations, waiting time penalties, wage statement penalties, unfair competition. On June 19, 2019, pursuant to the California Code Private Attorney General Act of 2004 (“PAGA”), Plaintiff provided notice to the California Labor and Workforce Development Agency of alleged labor violations committed by Defendant in the manner required by l...
2021.01.21 Demurrer 980
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.01.21
Excerpt: ...s of receiving it. The hearing date is automatically continued one week plus one court day to February 2, 2021, for oral argument. The continuance date will be an appearance required hearing so that Plaintiff need not request oral argument. The litigation coordinator shall make Plaintiff available by CourtCall or by Zoom audio (if available) to participate in oral argument at 9:00 a.m. on the continued hearing date, which will be February 2, 2021...
2021.01.20 Motion for Sanctions 122
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.01.20
Excerpt: ...irst was a petition for writ of mandate filed in 2015, which is now on appeal. It was followed by another writ petition in 2017, which is presently stayed pending the appeal of the 2015 writ petition. The present civil action was commenced on 7/22/2019 and the original complaint in this case, although difficult to comprehend, generally alleged that defendant Carreon, an employee in District's “HR” department, and co‐defendant Rittling, an a...
2021.01.20 Demurrer, Motion to Strike SAC 122
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.01.20
Excerpt: ...the hearing. The parties are also reminded that pursuant to local court rules, only limited oral argument is permitted on law and motion matters. *** Plaintiff's memorandum of points & authorities in opposition fails to comply with the page limitations set forth in CRC Rule 3.1113(d), and plaintiff did not comply with the requirements of Rule 3.1113(e) prior to filing the oversized opposition, but the opposition was nevertheless considered. The C...
2021.01.20 Demurrer 846
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.01.20
Excerpt: ...ion arising out of Hawkins' employment as a teacher with Defendant. Hawkins is AfricanAmerican and alleges causes of action against Defendant for discrimination, harassment, and retaliation in violation of the FEHA. Plaintiff alleges the following in the Second Amended Complaint (“SAC”). On March 3, 2017, Vice Principal Kim Christierson asked Hawkins why she was requesting to cancel a meeting that Hawkins had scheduled with a classroom aide. ...
2021.01.20 Motion for Summary Adjudication 506
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.01.20
Excerpt: ... putative class action plaintiff alleges his employer failed to pay all wages due as a result of utilizing a timeclock system which rounds the employees' entries to the nearest quarter‐hour for purposes of calculating their wages. The parties stipulated pursuant to Code of Civil Procedure §437c(t) to have this issue presented for summary adjudication based primarily on the following facts: Timeclock records for 171 members of the putative clas...
2021.01.20 Motion to Compel IME 682
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.01.20
Excerpt: ...jury action arising out of a motor vehicle accident that occurred on November 15, 2016. Defendants served Plaintiff Thomas Lane (“Plaintiff”) with a Demand for Medical Examination on April 8, 2020 (“Demand”). The Demand, made under Code of Civil Procedure (“CCP”) section 2032.220, stated that Plaintiff would “appear for a physical examination . . . to be conducted by Gary M. Alegre, M.D., an orthopedic surgeon. . . . for the purpose...
2021.01.20 Motion for Summary Judgment, Adjudication 652
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.01.20
Excerpt: ...ect evidence is immaterial to disposition of the motion. Overview This is a real estate nondisclosure action concerning real property commonly known as 8217 Stevenson Ave., Sacramento, CA, 95825 (the “Property”), in which Plaintiff Abel Moldovan (“Plaintiff”) purchased the Property from Defendant. Co‐ defendant Mary Garcia was the Property's listing agent. Plaintiff alleges Defendant failed to disclose that the Property encroached onto ...
2021.01.13 Motion to Compel Further Responses 470
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.01.13
Excerpt: ...s to Compel Further Responses to Request 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 fa...
2021.01.13 Motion to Compel Further Responses 006
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.01.13
Excerpt: ...poration of America (“Van Son”) to 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 th...
2021.01.13 Demurrer 507
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.01.13
Excerpt: ...intiff”) within 48 hours of receiving it. The hearing date shall automatically be 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 Plaintiff available by CourtCall or by Zoom audio (if available) to participate in oral argument at 9:00 a.m. on the continued hearing date to part...
2021.01.13 Demurrer 040
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.01.13
Excerpt: ...D WITHOUT LEAVE TO AMEND. Request for Judicial Notice Defendant's Request for Judicial Notice ("RJN", ROA #38) is granted. The request pertains to the insurance policy referenced in the operative complaint (FAC ¶¶ 8, 33), allegedly forming the basis of the relationship between Plaintiff and Defendant. (Evid. Code § 452(h); Ingram v. Flippo (1999) 74 Cal.App.4th 1280, 1285, n.3 (taking judicial notice of documents referenced in the complaint bu...
2021.01.12 Motion to Enforce Court Order 282
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.01.12
Excerpt: ...ient date and call the clerk in Department 54 by no later than 4:00 p.m. on Monday, January 11, 2021 to notify the clerk of the new date. (See Local Rule 1.06.) ** Defendant Scott Pierce's (“Pierce”) “motion to enforce order" is ruled upon as follows. This is an action for breach of guarantee. On 1/13/2020, the court granted Plaintiff Associate Materials, LLC's (“AML”) application for writ of attachment against Pierce (“Application”...
2021.01.12 Motion for Sanctions 846
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.01.12
Excerpt: ...artment 54 by no later than 4:00 p.m. on Monday, January 11, 2021 to notify the clerk of the new date. (See Local Rule 1.06.) ** Defendant San Juan Aviation's motion for sanctions pursuant to CCP section 128.7 is unopposed but is DENIED. Defendant moves for sanctions pursuant to CCP §128.7 on the grounds that “the allegations and other factual contentions in the complaint lack evidentiary support and the complaint is presented for an improper ...
2021.01.07 Motion to Compel Further Responses 396
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.01.07
Excerpt: ... which Plaintiff alleges that Defendant Oscar Vasquez (“Vasquez”), a driver for Aguilar's rental‐car relocation company, rearended Plaintiff Zaka Vera (“Plaintiff”) while both were traveling on Interstate 80. The vehicle driven by Vasquez, Plaintiff's vehicle, and a third vehicle driven by Defendant Joseph Inch (“Inch”), were all involved in the accident. As a result of the accident, Plaintiff alleges various claims against Defendan...
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 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 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 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 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...
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 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 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 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....
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 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 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 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...
2020.12.15 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...
2020.12.10 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...
2020.12.10 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 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 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 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 ...
2020.12.09 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 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....
2020.12.03 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 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...
2020.12.02 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...
2020.12.02 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...
2020.12.01 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 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 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 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 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 ...
2020.11.19 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...
2020.11.18 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 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 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 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 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...
2020.11.12 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 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...
2020.11.10 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 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...
2020.11.04 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 ...
2020.11.03 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...

2492 Results

Per page

Pages