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Judge: Krueger, Christopher E x
2020.11.03 Motion for Summary Judgment, Adjudication 804
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2020.11.03
Excerpt: ...t Tran's crosscomplaint is DENIED as set forth below. The motion of Cross‐Defendant Quang V. Luong (“Luong”) for summary judgment or in the alternative summary adjudication against Tran's cross‐complaint is DENIED as set forth below. Tran opposes the motions. This action involves a contract dispute arising from the sale of a business interest between Tran and Vector in July 2015. Under the agreement, Vector sold to Tran a 20% membership i...
2020.11.03 Motion for Summary Adjudication 452
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2020.11.03
Excerpt: ...sts, are ruled upon as follows. The Plaintiff's requests for judicial notice are granted as to Exhibits A, F, G, J, K, O. The requests are denied as to Exhibits H and I. This grant of judicial notice is subject to the evidentiary limitations and purposes for which such matters may be judicially noticed. While the existence of documents in a court file may be judicially noticed, the truth of the matters asserted in those documents, including the f...
2020.11.03 Demurrer 254
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2020.11.03
Excerpt: ...(hereinafter "Dr. Si".) Dr. Si filed a previous demurrer to the original Complaint, which was sustained in its entirety by the Court on February 7, 2020. (Whatley Dec. ¶3.) Plaintiffs Xin Liu and newly added plaintiff A.R. Ngai then filed a First Amended Complaint on February 21, 2020. (Whatley Decl. ¶4). The First Amended Complaint alleges medical negligence, negligent infliction of emotional distress, intentional infliction of emotional distr...
2020.10.29 Demurrer 046
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2020.10.29
Excerpt: ...'s care as a resident at their assisted living facility. Plaintiffs are the Decedent's surviving spouse and adult children. The Complaint alleges three causes of action for: 1) negligence, 2) breach of contract, and 3) wrongful death. Plaintiffs allege in the Complaint in pertinent part as follows: “11. Mrs. Baker was admitted to Fair Oaks Estates' senior assisted living facility as a patient on July 8, 2019. Although Mrs. Baker had suffered a ...
2020.10.29 Motion to Compel Further Responses 686
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2020.10.29
Excerpt: ...n which the parties state that “Defendant has now significantly limited the scope of the pending issues[,]” and is no “longer . . . seeking further amended responses to [its] Special Interrogatories.” (Joint Disc. Statement 1:22‐26.) The Court now decides the discovery disputes which remain at issue. Request for Production of Documents Nos. 1‐4, 6‐9, 11‐15, 18‐23, 29‐30 Defendant moves for further responses to Request for Prod...
2020.10.29 Motion for Preliminary Injunction 446
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2020.10.29
Excerpt: ...��PCA”) in June 2017. Defendants David Burkhart and Bradley Burkhart guaranteed the License Agreement. Pursuant to the License Agreement, PCA had the right to non‐exclusive possession of HBB's property on Power Inn Road in Sacramento, CA (the “Property”). Pursuant to the terms of the License Agreement, PCA did business at the Property from approximately June 1, 2017, through February 2020. HBB sent a letter dated February 13, 2020, to PCA...
2020.10.29 Motion for Protective Order 396
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2020.10.29
Excerpt: ...the 15 pages permitted “does not include the caption page, . . . the table of contents, [and] the table of authorities.” Excluding said pages from Plaintiff's opposition, it is 16 pages, and only four lines of text are on the 16th page. The Court, in its discretion, considers the entirety of Plaintiff's opposition. Moreover, the four lines of text on the 16th page of the opposition do not affect the Court's ruling on the motion. This is a neg...
2020.10.28 Motion to Confirm Class Claims to Proceed in Arbitration 872
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2020.10.28
Excerpt: ...�) opposes. Plaintiff's Request for Judicial Notice, which attaches copies of Court records in this action and the AAA supplementary rules for class arbitrations, is unopposed and is granted. In taking judicial notice of these documents, the court accepts the fact of their existence, not the truth of their contents. (See Professional Engineers v. Dep't of Transp. (1997) 15 Cal.4th 543, 590 [judicial notice of findings of fact does not mean that t...
2020.10.27 Motion for Protective Order 956
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2020.10.27
Excerpt: ...�Defendant”). In other words, BANA is willing to produce the requested documents, but wishes to keep them confidential and used solely for purposes of this action. The proposed protective order was filed with the moving papers. (Register of Actions (“ROA”) 53.) Defendant opposes. The discovery statutes expressly authorize the Court to enter a protective order restricting the method of disclosure of trade secrets, confidential research, or c...
2020.10.27 Motion for Attorney Fees 682
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2020.10.27
Excerpt: ... Notice (“Def.'s RJN”), which attaches court filings in other actions, is unopposed and is granted. In taking judicial notice of these documents, the court accepts the fact of their existence, not the truth of their contents. (See Professional Engineers v. Dep't of Transp. (1997) 15 Cal.4th 543, 590 (judicial notice of findings of fact does not mean that those findings of fact are true); Steed v. Department of Consumer Affairs (2012) 204 Cal....
2020.10.27 Demurrer 892
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2020.10.27
Excerpt: ...ccount with Defendant. (Compl. ¶ 59.) When opening the account, Plaintiff alleged entered into an agreement ("account agreement") that included "overdraft" and "overdraft privilege service" provisions governing instances in which an account is overdrawn. (Id. ¶¶ 31‐32.) On some occasions, Defendant allegedly improperly assessed overdraft fees because it determined sufficiency of funds based on an account's "available balance" ‐ the actual ...
2020.10.27 Motion for Reconsideration or to Set Aside Dismissal 630
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2020.10.27
Excerpt: ... 3.1110(b)(3)‐(4). Factual Background Plaintiffs Singh and Dev filed this action on 12/17/2019 against several defendants including defendants Bains, Kumar and Kaur. The verified complaint purports to assert a total of five causes of action for breach of fiduciary duty, “fraud,” elder financial abuse, elder financial abuse and conversion. The claim against defendant Bains is premised on his alleged misconduct as a Notary Public in connectio...
2020.10.27 Motion to Compel Further Responses 956
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2020.10.27
Excerpt: ... order. The Court now rules on defendant's motion to compel plaintiff's further responses, as follows. *** If oral argument is requested, the parties must at the time oral argument is requested notify the clerk and the opposing party of the specific discovery requests that will be addressed at the hearing. The parties are also reminded that pursuant to local rules, only limited oral argument is permitted on law and motion matters. *** Defendant f...
2020.10.27 Motion to Confirm Class Claims to Proceed in Arbitration or to Vacate Clause Construction Award 872
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2020.10.27
Excerpt: ...rt records in this action and the AAA supplementary rules for class arbitrations, is unopposed and is granted. In taking judicial notice of these documents, the court accepts the fact of their existence, not the truth of their contents. (See Professional Engineers v. Dep't of Transp. (1997) 15 Cal.4th 543, 590 [judicial notice of findings of fact does not mean that those findings of fact are true]; Steed v. Department of Consumer Affairs (2012) 2...
2020.10.27 Petition for Removal of Guardian ad Litem 774
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2020.10.27
Excerpt: ...as GAL for Plaintiff on 7/10/2020. Defendant seeks to remove the GAL on grounds that: (1) Plaintiff does not need a GAL because in February 2020, Defendant's “activities director” conducted a cognitive analysis of Plaintiff and found her to have adequate mental capacity; and (2) Defendant suspects that the GAL has interests adverse to Plaintiff because in 2015, Defendant suspected the GAL of financial elder abuse against Plaintiff because of ...
2020.10.22 Motion to Enforce Settlement Agreement 010
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2020.10.22
Excerpt: ...Objections The Court does not reach Plaintiff Devinderjit Singh's (“Plaintiff”) objections to Defendant's evidence in support of his motion since the subject evidence is immaterial to the Court's decision on the motion. Background This derivative action arises out of a dispute over Nori Orchards, LLC (the “Company”), a company previously owned by Plaintiff and Defendant. Plaintiff and Defendant formed the Company in 2018 for the purpose o...
2020.10.22 Motion for Summary Judgment, Adjudication 352
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2020.10.22
Excerpt: ...loyment Background Plaintiff began working for the Regents in 1998 as a MOSC II. (Pl.'s Separate Statement in Opp'n to Mot. (“SS”) No. 1.) Plaintiff thereafter held various positions at the UC Davis Comprehensive Cancer Center (“Cancer Center”), including MOSC III, MOSC IV, and MOSC V. (SS No. 2.) Around 2012, Walter Knowles became the Practice Manager of the Cancer Center. (SS No. 3.) In this role, he managed the Cancer Center's clinical...
2020.10.22 Motion for Summary Judgment 802
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2020.10.22
Excerpt: ... immaterial to the Court's decision on the motion. Evidentiary Objections The Court declines to rule on Defendants' evidentiary objection since the subject evidence is immaterial to disposition of the motion. Overview This action concerns whether Defendants and an additional insurer, Defendant United Specialty Insurance Company, owe Plaintiff a duty of defense and indemnification in a civil action filed by Chelsea Hall against Plaintiff and his d...
2020.10.22 Motion to Compel Further Responses 668
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2020.10.22
Excerpt: ...rt to have certain transmission and engine defects repaired. Plaintiff alleges GM failed to repair the defects or repurchase the subject vehicle in violation of the Song‐Beverly Consumer Warranty Act (the "Act"). He further alleges that GM's violations were willful, entitling him to treble damages under the Act. Relevant to this motion, Plaintiff previously filed a motion to compel further responses to this same set of document requests. In rul...
2020.10.20 Motion to Set Aside Default 460
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2020.10.20
Excerpt: ...ssert causes of action for negligence and intentional infliction of emotional distress based on events occurring while he was incarcerated. It appears that plaintiff contends defendants, who appear to be employees of the California Department of Corrections and Rehabilitation (“CDCR”), negligently or intentionally caused his concurrent sentences to be changed to consecutive sentences, extending his incarceration period by more than eight mont...
2020.10.20 Motion to Contest Good Faith of Settlement 918
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2020.10.20
Excerpt: ...Plaintiff's vehicle got a flat tire for which she called AAA for assistance but AAA declined to respond as plaintiff had already exhausted her four allotted service calls for the year. Plaintiff then decided to walk to the nearby Walmart to purchase tools needed to change her flat tire and as she was crossing the street, plaintiff was struck by a vehicle driven by Andrade who was on her cell phone and driving without headlights. Plaintiff commenc...
2020.10.20 Motion to Compel Further Responses 078
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2020.10.20
Excerpt: ...y the clerk and the opposing party of the specific discovery requests that will be addressed at the hearing. The parties are also reminded that pursuant to local rules, only limited oral argument is permitted on law and motion matters. *** The notice of motion does not comply with Code of Civil Procedure §1010 or CRC Rule 3.1110(a). Both moving and opposing counsel failed to comply with CRC Rule 3.1110(b)(3)‐(4). Factual Background This is an ...
2020.10.20 Motion for Summary Judgment, Adjudication 326
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2020.10.20
Excerpt: ...nduct additional discovery. The Court now rules as follows. *** If oral argument is requested, the parties are directed to notify the clerk and opposing counsel at the time of the request which of moving defendant's 15 Undisputed Material Facts, which of opposing plaintiff's 32 Additional Material Facts and/or which objections to evidence will be addressed at the hearing. The parties should be prepared to point to specific admissible evidence alr...
2020.10.15 Motion to Strike Claims 116
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2020.10.15
Excerpt: ...to an infestation of bedbugs. Plaintiff alleges that he moved into the apartments in June 2015 but nearly a year later, in April 2016, he began to experience physical injury that he came came to believe was caused by bedbugs. Plaintiff alleges he made three complaints to Stonegate management. On the first two occasions, "management admitted that there was a bedbug problem, but informed [plaintiff] that it was his problem and he had to pay to have...
2020.10.15 Motion for Additional IME 344
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2020.10.15
Excerpt: ...ain, mental suffering, and loss of enjoyment of life” among his damages. (Compl. para. 3.) In his discovery responses, Plaintiff attributed the following injuries to the collision: “[e]motional, in no particular order of gravity: Sadness, despondency, helplessness, delirium, shock, denial, anger, irritability, mood swings, worthlessness, anxiety, fear, guilt, embarrassment, humiliation. Mental …: Cognitive impairment; loss of memory; confus...
2020.10.14 Motion for Summary Judgment, Adjudication 352
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2020.10.14
Excerpt: ...ervice Coordinator (“MOSC”) V Supervisor. Plaintiff's Employment Background Plaintiff began working for the Regents in 1998 as a MOSC II. (Pl.'s Separate Statement in Opp'n to Mot. (“SS”) No. 1.) Plaintiff thereafter held various positions at the UC Davis Comprehensive Cancer Center (“Cancer Center”), including MOSC III, MOSC IV, and MOSC V. (SS No. 2.) Around 2012, Walter Knowles became the Practice Manager of the Cancer Center. (SS ...
2020.10.14 Motion for Judgment on the Pleadings 838
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2020.10.14
Excerpt: ...ember 7, 2018. The Complaint alleges causes of action for negligence, violation of the California Disabled Persons Act (“CDPA”), and violation of the Unruh Civil Rights Act (“CRA”). The CDPA and CRA causes of action are premised upon a violation of the Americans with Disabilities Act (“ADA”). The Complaint alleges, in relevant part, as follows: “10. Plaintiff is informed and believes that Paratransit is a corporation that provides p...
2020.10.14 Motion to File Amended Complaint 813
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2020.10.14
Excerpt: ...in Sacramento, CA. At the time of the collision, Plaintiff was riding as a passenger in a Lyft vehicle when that vehicle was hit by a 2015 Ford CMAX driven by Defendant. Defendant ran a red light and fled the scene of the collision on foot, but was apprehended by police. Investigating officers gave Defendant a sobriety test and ultimately arrested him. Defendant was charged with a DUI and hit‐and‐run. Plaintiff filed the Complaint on October ...
2020.10.14 Motion for Summary Judgment, Adjudication 396
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2020.10.14
Excerpt: ...t for judicial notice is denied as the subject documents are immaterial to the Court's decision on the motion. Evidentiary Objections Gemack's Objections Objection No. 1 to the Declaration of Lisa Campbell at page 2, paragraph 3, lines 13‐ 20 is overruled. The Court declines to rule on the remainder of Gemack's evidentiary objections since the subject evidence is immaterial to disposition of the motion. (See Code of Civ. Proc., § 437c, subd. (...
2020.10.14 Motion to Quash Subpoena 813
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2020.10.14
Excerpt: ...ime of the collision, Plaintiff was riding as a passenger in a Lyft vehicle, which was hit by a 2015 Ford CMAX driven by Defendant. Defendant ran a red light and fled the scene of the collision on foot, but was apprehended by police. Investigating officers gave Defendant a sobriety test and ultimately arrested him. Defendant was charged with a DUI and hit‐and‐run. Plaintiff filed the Complaint on October 11, 2019, alleging a single cause of a...
2020.10.13 Motion to Compel Further Responses 214
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2020.10.13
Excerpt: ...against CSAA for (1) rescission (second cause of action) and (2) unfair and deceptive business practices, Bus. & Prof. Code § 17200 et seq. (third cause of action). As to CSAA, Plaintiff alleges that in June 2018, she entered into a settlement agreement with CSAA for $300 in exchange for a release of defendants Sidney Leung, Daman Leung, and Daniel Leung. The settlement was memorialized through an audio recording of Plaintiff's telephone convers...
2020.10.13 Demurrer, Motion to Strike 970
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2020.10.13
Excerpt: ...rassment/discrimination, as intentional infliction of emotional distress and violation of the Bane Act (Civ. Code §52.1). Plaintiff was employed with the State of California Department of Corrections at the Substance Abuse Treatment Facility ‐ Corcoran (hereinafter “SATF/SP Corcoran”). She was first hired as a Supervising Registered Nurse and later assumed the role of acting SRN III (Director of Nursing). Plaintiff alleges that Megan Dougl...
2020.10.08 Motion to Strike 072
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2020.10.08
Excerpt: ...utter Health's (“Sutter”) motion to strike portions of the First Amended Complaint (“1AC”) is ruled upon as follows. Factual Background This putative class action arises out of plaintiffs' use of Sutter's publicly‐accessible website to access Sutter's “My Health Online” online patient portal (“MHO” or “Patient Portal”) and/or search for medical information. Plaintiffs are Sutter patients and they generally allege they have s...
2020.10.08 Motion to Stay Action or Discovery 098
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2020.10.08
Excerpt: ...ed to comply with CRC Rule 3.1110(b)(3)‐(4). Factual Background In this case plaintiffs allege that defendant sent them a total of at least 103 unsolicited commercial email advertisements in violation of Business & Professions Code §17529.5 and more specifically, subdivision (a)(2). This statute provides in pertinent part: (a) It is unlawful for any person or entity to advertise in a commercial e‐mail advertisement either sent from Californi...
2020.10.08 Motion for Terminating Sanctions 886
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2020.10.08
Excerpt: ...ed in conjunction with their demurrer to the First Amended Complaint, which also is on today's calendar. The Court sustained that demurrer without leave to amend, resulting in a judgment against Plaintiff and in favor of these same Defendants. In light of the Court's ruling regarding the demurrer, the motion for terminating sanctions is, in effect, moot. Accordingly, that portion of the instant motion is DROPPED. As noted, however, Defendants als...
2020.10.08 Demurrer 886
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2020.10.08
Excerpt: ...l foreclosure” lawsuit against several defendants, including Bank and SPS. 2015 Lawsuit. On 12/3/2015 plaintiff commenced her first lawsuit with a verified complaint purporting to assert causes of action against several defendants, including Bank and SPS, for wrongful foreclosure; violation of Civil Code §§2924, 2924.17 and 2934; violation of the federal “Truth In Lending Act;” breach of the implied covenant of good faith & fair dealing; ...
2020.10.08 Demurrer 072
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2020.10.08
Excerpt: ...* Defendant Sutter Health's (“Sutter”) demurrer to the First Amended Complaint (“1AC”) is ruled upon as follows. Factual Background This putative class action arises out of plaintiffs' use of Sutter's publicly‐accessible website to access Sutter's “My Health Online” online patient portal (“MHO” or “Patient Portal”) and/or search for medical information. Plaintiffs are Sutter patients and they generally allege they have sent ...
2020.10.07 Demurrer 048
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2020.10.07
Excerpt: ...ical Board of California Division of Licensing, Sacramento County Superior Court Case No. 34‐2011‐80001019 ("Writ Proceeding"). Plaintiff applied for a license to practice medicine in California. The Medical Board of California denied Plaintiff's application, and said decision became final on November 18, 2011. In December 2011, Plaintiff retained Simas to file a writ petition for review of the Medical Board's decision. Simas timely filed the...
2020.10.07 Motion for Final Approval of Class Action Settlement 816
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2020.10.07
Excerpt: ...n its order granting preliminary approval, the Court directed Plaintiff to file an amended complaint to conform the alleged class to the class defined in the settlement, to correct errors in the notice concerning the location of the final approval hearing, and to provide evidence of compliance with Labor Code § 2699 (l)(2). The Court notes Plaintiff filed a second amended pleading that corrects the class allegation and corrected the defects in t...
2020.10.07 Motion for Protective Order 476
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2020.10.07
Excerpt: ... participate in a deposition on any day other than Sunday. However, Defendant has failed to submit any admissible evidence to support this claim. The only evidence submitted by Defendant is the declarations of counsel. An affidavit must show that the affiant has personal knowledge. (Maltby v. Shook (1955) 131 Cal.App.2d 349, 353.) Here, there are no facts indicating counsel has actual personal knowledge of Defendant's work schedule and financial ...
2020.10.06 Motion for Judgment on the Pleadings 810
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2020.10.06
Excerpt: ...intiff from American Family Funding for $311,000 on May 24, 2005. The loan was secured by a deed of trust (“DOT”) against the real property located at 3635 Bellinger Court, North Highlands (the “Property”). (RJN Ex. 1.) The DOT identified Mortgage Electronic Registration Systems, Inc. (“MERS”) as the beneficiary. (Id.) On May 16, 2012, an assignment of the DOT was recorded, assigning the DOT from MERS to CitiMortgage (the “2012 Assi...
2020.10.06 Motion to Strike 298
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2020.10.06
Excerpt: ...erview GSD moves to strike the Fraud and Deceit cause of action from the Cross‐Complaint (“XC”). In the XC, S&C alleges that it entered into written license agreements with GSD. S&C alleges that GSD terminated the license agreements and, by doing so, breached the license agreements in various ways. With respect to the Fraud and Deceit cause of action, S&C alleges: “13. At the time each Cross‐Defendant executed their respective license a...
2020.10.01 Motion to Enter Judgment 522
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2020.10.01
Excerpt: ...ol of her 2008 Lexus RX350 and crashed into a vehicle traveling in the opposite direction. Plaintiff claimed the accident was caused when the accelerator pedal of her vehicle broke in the crash and then punctured her right ankle. Plaintiff filed suit against moving Defendant Toyota based on product defect for placing the subject vehicle in the stream of commerce. On February 25, 2019, Plaintiff and Defendant Toyota engaged in a private mediation,...
2020.10.01 Motion to Dismiss for Inconvenient Forum 132
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2020.10.01
Excerpt: ... is directed to review the Local Rules, effective 1/1/2020. Plaintiff's Memorandum of Points & Authorities in Opposition fails to comply with CRC Rule 3.1110(b)(1). The Court did not consider plaintiff's “surreply” filed on 9/28/2020 because the Court did not consider the “new” matters or arguments which defendant raised for the first time in his reply brief. Factual Background Plaintiff, a resident of Russia, has sued defendant DeWitt, a...
2020.10.01 Motion for Summary Judgment, Adjudication 170
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2020.10.01
Excerpt: ...at the time of the request which of moving defendant' 97 Undisputed Material Facts, which of plaintiff's 52 Additional Material Facts and/or which of moving defendant's objections to evidence will be addressed at the hearing. The parties should be prepared to point to specific admissible evidence already in the record which is claimed to show the existence or non‐ existence of a triable issue of material fact. *** Moving counsel failed to compl...
2020.09.30 Demurrer 504
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2020.09.30
Excerpt: ...sing, personal hygiene, and moving around the facility. She was a high fall risk and had been diagnosed with pneumonia. Plaintiffs allege that Laguna Woods' staff abandoned Christine, and allowed another resident, Defendant Mee Lai Fong ("Fong"), to physically attack her with a cane. (Compl. ¶ 16.) Christine suffered various broken bones, bruises and a subdural hematoma, which caused her death. (Ibid.) Plaintiffs allege that Defendants knew Fong...
2020.09.29 Motion to Strike (SLAPP) 764
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2020.09.29
Excerpt: ...nection therewith is GRANTED. Plaintiff filed a request for dismissal of this entire action, with prejudice, after the instant motion was filed and without filing any opposition thereto. Background This “wrongful use of civil proceedings” (Compl. at 1) lawsuit, which is perhaps more accurately construed as a malicious prosecution lawsuit, arises out of the private arbitration of Plaintiff's personal injury claims. According to the moving pape...
2020.09.29 Motion to Quash Service of Summons 470
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2020.09.29
Excerpt: ... date (9/29/20) pursuant to the agreement of the parties, as discussed during the hearing on 7/29/20 regarding Plaintiff's Motion to Continue the Hearing on the Motion to Quash. 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,...
2020.09.29 Demurrer 906
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2020.09.29
Excerpt: ...ments, is unopposed and is GRANTED. However, in taking judicial notice of these documents, the Court accepts the fact of their existence, not the truth of their contents. (See e.g. Tenet Healthsystem Desert, Inc. v. Blue Cross of California (2016) 245 Cal.App.4th 821, 836 (“the existence of a document, such as a document recorded in the official records of a government body, may be judicially noticeable, the truth of statements contained in the...
2020.09.24 Demurrer 042
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2020.09.24
Excerpt: ...ction 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. *** *** If oral argument is requested in an attempt to obtain leave to amend, plaintiff 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. *** Plaintiff is reminded that the meet�...
2020.09.23 Motion for Judgment on the Pleadings 112
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2020.09.23
Excerpt: ...Plaintiff's unopposed motion to have its requests for admissions deemed admitted. (Minute Order, ROA # 27.) When the moving party 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.” (Code Civ. Proc., § 438, subd. (c) ...
2020.09.23 Motion for Summary Judgment, Adjudication 910
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2020.09.23
Excerpt: ...t (“FEHA”). She also claims Intel failed to reasonably accommodate her disability and retaliated against her when she requested a reasonable accommodation. Her complaint contains six causes of action: (1) disability discrimination; (2) age discrimination; (3) retaliation; (4) failure to reasonably accommodate; (5) failure to prevent discrimination and/or retaliation; and (6) wrongful termination in violation of public policy. She seeks compen...
2020.09.23 Motion for Summary Judgment, Adjudication 116
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2020.09.23
Excerpt: ... on all claims the Court determines are covered by the Tzul settlement.” (Defs.' Not. of Mot. 2:11‐13.) Defendants' separate statement of undisputed material facts filed in support of their motion only lists one set of facts. Defendants' moving papers do not comply with California Rules of Court, rule 3.1350 (b) and (d). (See CRC 3.1350(b) [“If summary adjudication is sought . . . , the specific cause of action, . . . claims for damages, or...
2020.09.22 Demurrer 060
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2020.09.22
Excerpt: ...igence. Moving Party demurs to the first cause of action on grounds it fails to state facts sufficient to constitute a cause of action for breach of contract. Moving Party argues Plaintiff has failed to allege the existence of an enforceable contract between Plaintiff and Moving Party. The first cause of action alleges Plaintiff obtained a loan from Suntrust Mortgage secured by a deed of trust that was ultimately assigned to Moving Party. The com...
2020.09.17 Motion to Compel Further Responses 642
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2020.09.17
Excerpt: ...rs. *** Defendants Ian Cornell and The Cornell Group's motion to compel plaintiff Style Media Group's (“SMG”) further responses to certain special interrogatories and requests for production of documents is ruled on as follows. Overview According to the complaint filed on 3/23/2018, plaintiff SMG and defendant Surf & Turf in October 2016 entered into a partnership agreement for the purpose of acquiring a five‐ year option to purchase “The...
2020.09.17 Motion for Appointment of Counsel 006
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2020.09.17
Excerpt: ...alleges a sole cause of action for medical malpractice negligence and also seeks punitive damages. The case is still in the pleading stage. Defendant has not answered the Complaint. With respect to Plaintiff's instant request for appointment of counsel, meaningful access to the courts is the "keystone" of an indigent prisoner's right to defend against and prosecute bona fide civil actions. (Yarbrough v. Superior Court (1985) 39 Cal.3d 197, 200‐...
2020.09.16 Motion to Quash Service of Doe Amendment 128
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2020.09.16
Excerpt: ...taliation for demanding wages due to wrongful termination, defamation, assault, and battery. Pro per Plaintiff, Curtis Tyler, alleged that defendant ISS Facility Services, Inc. (“ISS”) was his employer and he sued fictitious defendants Does 1 through 50... because their names and/or capacities and/or facts showing them liable are not known presently.” (Complaint, ¶ 5.) He also alleged the Doe defendants were “the agent and/or employee of...
2020.09.16 Motion to Compel Further Responses 460
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2020.09.16
Excerpt: ...** Defendant and Cross‐Complainant Abduallah Altahan's (“Altahan”) motion to compel further responses and production of documents from Plaintiff Obadah Banah (“Banah”) is ruled upon as follows. This is a dispute arising from the merger and subsequent separation of the parties' cell phone business. Plaintiffs Banah and Gotem Wireless, LLC's second amended complaint asserts causes of action for Intentional Interference with Contractual Re...
2020.09.16 Motion Opposing Application for Good Faith Settlement 544
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2020.09.16
Excerpt: ... stopped in front of Downing when he rear‐ended the vehicle in front causing a chain reaction, thereby causing injury and damages to Plaintiff. Downing filed a cross‐complaint against Ploeg. Downing alleges that Ploeg rear‐ ended his car, which caused a second chain reaction. The cross‐complaint asserts causes of action for equitable indemnity and contribution. Ploeg filed her own cross‐complaint against Downing for indemnification. On ...
2020.09.16 Motion for Judgment on the Pleadings 167
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2020.09.16
Excerpt: ... The Department 53 Zoom ID is: 841 204 6267. Consistent with Local Rule 1.06(B), any party requesting oral argument on any matter on this calendar must comply with the following procedure. To request oral argument, you must call the Department 53 clerk at (916) 874‐ 7858 and opposing party by 4:00 p.m. the court day before the hearing. At the time of requesting oral argument, the requesting party shall leave a voice message to advise the clerk ...
2020.09.16 Demurrer 896
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2020.09.16
Excerpt: ... with expected inheritance. In the SAC, Plaintiff alleges that she and Sam Fong (“Decedent”) had a long‐term, unmarried, co‐habitation relationship, and shared a son together. Decedent was married to Alice Wong the entire time. Decedent divided his time between two residences: one with Plaintiff and one with his wife. Decedent promised to marry Plaintiff, held her out as his “wife,” and sometimes referred to Alice Wong as his “ex‐...
2020.09.16 Demurrer 462
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2020.09.16
Excerpt: ...moral Apartments' (“Defendant”) demurrer to Plaintiffs' first amended complaint (“FAC”) is ruled upon as follows. This is a premises liability action. Plaintiffs Kathi and David Ramsay (“Plaintiffs”) allege that on 11/24/2017, Ms. Ramsay was at Defendant's apartment complex visiting a tenant. Ms. Ramsay was injured due to a defective, faulty, poorly designed, and/or negligently maintained stairway at the apartment complex. She fell du...
2020.09.16 Demurrer 215
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2020.09.16
Excerpt: ... 841 204 6267. Consistent with Local Rule 1.06(B), any party requesting oral argument on any matter on this calendar must comply with the following procedure. To request oral argument, you must call the Department 53 clerk at (916) 874‐ 7858 and opposing party by 4:00 p.m. the court day before the hearing. At the time of requesting oral argument, the requesting party shall leave a voice message to advise the clerk that it has notified the oppos...
2020.09.15 Motion to Enforce Settlement Agreement 010
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2020.09.15
Excerpt: ...t evidence is immaterial to the Court's decision on the motion. Background This derivative action arises out of a dispute over Nori Orchards, LLC (the “Company”), a company previously owned by Plaintiff and Defendant Sumanpreet Singh (“Defendant”). Plaintiff and Defendant formed the Company in 2018 for the purpose of owning and operating an almond orchard in Colusa County. In August 2019, Defendant executed a written agreement, the “Alm...
2020.09.15 Demurrer 470
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2020.09.15
Excerpt: ...ion of decedent Eva Harris at Mission Carmichael, a skilled nursing facility, from June 20, 2018 through June 28, 2018. Plaintiffs, the decedent's children, allege that Eva Harris developed a fecal impaction while at Mission Carmichael, resulting in acute renal failure and metabolic acidosis that ultimately caused her death on June 29, 2018. The SAC alleges three causes of action: elder abuse, negligent infliction of emotional distress, and wrong...
2020.09.15 Motion to Strike 470
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2020.09.15
Excerpt: ... at Mission Carmichael, a skilled nursing facility, from June 20, 2018 through June 28, 2018. Plaintiffs Teresa Harris and Jeff Harris, the decedent's children, allege that Eva Harris developed a fecal impaction while at Mission Carmichael, resulting in acute renal failure and metabolic acidosis that ultimately caused her death on June 29, 2018. The SAC alleges three causes of action: elder abuse, negligent infliction of emotional distress, and w...
2020.09.15 Motion to File Amended Answer 572
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2020.09.15
Excerpt: ...eges she and Talor Babyak were driving eastbound on Interstate 80 Business in Sacramento County when Talor Babyak rear‐ended Plaintiff's vehicle, causing her injury and damages. (Compl. ¶ 6.) Plaintiff further alleges that Colleen Harrington negligently hired, trained, and/or supervised Talor Babyak. (Compl. ¶ 5.) Defendants are insured through a policy of insurance issued by Amica Mutual Insurance Company (“Amica”). Plaintiff and Amica, ...
2020.09.15 Motion to Vacate Dismissal 820
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2020.09.15
Excerpt: ...ant served Plaintiff with a first set of form interrogatories, special interrogatories, and request for production of documents via U.S. mail on November 20, 2019. Responses thereto were not received. Therefore, Defendant moved to compel responses. The original motion to compel was served by mail on February 19, 2020. Due to the COVID‐19 emergency, the hearing date on the motion to compel was postponed indefinitely. The Court subsequently sched...
2020.09.10 Motion to Strike 066
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2020.09.10
Excerpt: ... posted on the about Plaintiff, a physician, including, but not limited to the websites Yelp, Healthgrades, CareDash, Google Reviews, RateMD, and Web MD. (FAC 7.) The anonymous posts contained statements against Plaintiff, which include the following: Plaintiff was an unskilled physician, that he did not care about his patients and demeaned them, that he committed malpractice, that he is unethical and that he is dishonest. (See FAC 8.) Plaintiff ...
2020.09.10 Motion for Determination of Validity of Lien 166
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2020.09.10
Excerpt: ...e caption of a motion and instead treat it in accordance with the relief it requests”]; see alsoA.N. v. County of Los Angeles(2009) 171 Cal.App.4th1058, 1064 [“[t]he substance [of the motion] is what mattered, not its label”].) The motion is UNOPPOSED. Facts Before the Court is the latest issue in a contentious dispute between family members claiming interests in property assets held by Plaintiff Marcella Luna. At this point, the facts are ...
2020.09.10 Motion for Appointment of Counsel 006
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2020.09.10
Excerpt: ...tor shall provide the tentative ruling to Plaintiff within 48 hours of receiving it. The Litigation Coordinator shall make Plaintiff available, by COURTCALL, at 9:00 a.m. on September 17, 2020, to participate in oral argument. In this action, Plaintiff, proceeding without counsel, alleges unspecified personal injuries against the Sacramento County Sheriff's Department. Plaintiff's form Complaint alleges a sole cause of action for medical malpract...
2020.09.10 Demurrer 066
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2020.09.10
Excerpt: ... posted on the about Plaintiff, a physician, including, but not limited to the websites Yelp, Healthgrades, CareDash, Google Reviews, RateMD, and Web MD. (Compl. 7.) The anonymous posts contained statements against Plaintiff, which include representations that Plaintiff was an unskilled physician, that he did not care about his patients and demeaned them, that he committed malpractice, that he is unethical and that he is dishonest. (See Compl. 8....
2020.09.09 Motion to Seal Record Re Summary Judgment, Adjudication 368
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2020.09.09
Excerpt: ...e parties must at the time oral argument is requested notify the clerk and the opposing party of the specific exhibits 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. *** Plaintiffs move to seal each of the below‐listed exhibits to their Compendium of Evidence in opposition on the grounds that they “contain confidential and pr...
2020.09.09 Motion to Quash Deposition Subpoena 280
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2020.09.09
Excerpt: ...oenas seeking various records from Healthcare Center of Fresno, Sendai Sushi, Family Express Food & Liquor, and the Department of Healthcare Services or alternatively, for a protective order limiting the scope of these subpoenas is ruled on as follows. The notice of motion does not provide notice of the Court's tentative ruling system, as required by Local Rule 1.06, and does not provide the correct address for Dept. 53/54. Moving counsel is dire...
2020.09.09 Motion for Summary Judgment, Adjudication 368
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2020.09.09
Excerpt: ... the request which of moving defendants' 53 Undisputed Material Facts and/or which of moving defendants' 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. *** Factual Background The facts of this case are well known to this Court as a result of numerous...
2020.09.08 Demurrer 244
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2020.09.08
Excerpt: ...n law and motion matters. *** Defendants Kayvan Haddadan, M.D. (“Dr. Haddadan”) and Advanced Pain Diagnostic & Solutions, Inc.'s (“APDSI”) (collectively “Defendants”) demurrer to Plaintiff in Intervention Jane Doe's (“Doe”) Second Amended Complaint in Intervention (“SACI”) is ruled upon as follows. Overview In this action, the named plaintiffs are Joanne Davis (“Davis”), Mariah Florez (“Florez”) and Mary Tovar (“Tova...
2020.09.08 Demurrer 838
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2020.09.08
Excerpt: ...n as follows. Plaintiff is currently incarcerated at Solano State Prison. Plaintiff brings this action against Defendant, alleging two causes of action for (1) negligence and (2) intentional tort. Plaintiff alleges that Defendant was his prison psychiatrist. With respect the negligence cause of action, he alleges that on 6/6/2018, Plaintiff asked if he could be taken off medication. Defendant stated that it would take six months to wean him off, ...
2020.09.08 Motion for Summary Judgment, Adjudication 170
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2020.09.08
Excerpt: ...he separate statement. Factual Background Plaintiffs' Complaint. This is a nonjudicial foreclosure action. According to the complaint, OLS intentionally placed plaintiffs' mortgage loan in a perpetual state of default in order to accumulate additional fees and take title to the subject property located in Napa County. In July 2005 plaintiffs Martin (“Martin”) and Catherine Byrdsong (collectively “Borrowers”) obtained a $611,250 loan from ...
2020.09.03 Petition to Compel Arbitration and Stay Action 910
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2020.09.03
Excerpt: ...), and Myeshia Wiley, individually (“Myeshia”), (collectively “Plaintiffs”), allege defendants were negligent in Myeshia's prenatal care and in the birth of Kyree. Plaintiffs allege that despite the presence of high risk factors requiring a C‐Section, Defendants did not offer or perform a C‐Section for Kyree's delivery, resulting in physical injuries and emotional distress to both Plaintiffs. Defendants petition to compel arbitration ...
2020.09.03 Demurrer 426
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2020.09.03
Excerpt: ...nally scheduled March 27, 2020 hearing date was continued due to the COVID‐19 emergency. This is an action for dependent abuse (Welf. & Inst. Code §§ 15600, et seq.) and for violations of the Patient's/Resident's Bill of Rights (“PBOR”) brought by Plaintiff Kara Hagstrom, by and through her Guardian ad Litem, Wesley Hagstrom (“Plaintiff”). Plaintiff is a bedbound, non‐verbal developmentally disabled adult who, at all relevant times,...
2020.09.03 Application to Approve Employment of Counsel 234
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2020.09.03
Excerpt: ...ech”) evidentiary objections to the Receiver's reply since the material objected to is immaterial to the Court's decision on the motion. Factual and Procedural Background On June 6, 2018, the City of Sacramento (“City”) filed a Petition for Appointment of Receiver under Health and Safety Code section 1980.7. The Petition was granted on August 3, 2018, and Mr. Brumbaugh was appointed as Receiver over the real property located at 5630 Fruitri...
2020.09.02 Motion for Preliminary Approval of Class Action Settlement 276
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2020.09.02
Excerpt: ...ving counsel is directed to contact opposing counsel and advise him/her of Local Rule 1.06 and the Court's tentative ruling procedure and the manner to request a hearing. If moving counsel is unable to contact opposing counsel prior to hearing, moving counsel is ordered to appear at the hearing by remote appearance. Moving counsel failed to comply with CRC Rule 3.1113(d)‐(e). Moving counsel is advised that requests for leave file oversized brie...
2020.09.01 Motion to Quash Deposition Subpoenas 626
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2020.09.01
Excerpt: ...ons to quash defendant Home Depot, USA's subpoenas seeking plaintiff's medical records from Kaiser Permanente and Kaiser Adult Psychiatry are DENIED, as follows. The notice of motion does not provide notice of the Court's tentative ruling system, as required by Local Rule 1.06, and does not provide the correct address for Dept. 53/54. Moving counsel is directed to contact opposing counsel and advise him/her of Local Rule 1.06 and the Court's tent...
2020.09.01 Motion to Compel Production of Docs 792
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2020.09.01
Excerpt: ... the preliminary questions of: (1) whether Plaintiff is properly classified as an independent contractor, and (2) if he is determined not to be an independent contractor, whether Defendant is correctly identified as his employer. (See 7/24/2019 Order; 7/30/2020 Order.) The court denied the motion to compel arbitration because Defendant was "seeking to split Plaintiff's individual standing component from his representative component. Such an act i...
2020.09.01 Motion for Terminating and Monetary Sanctions 630
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2020.09.01
Excerpt: ... provided notice of a different county's tentative ruling system, the notice does not comply with the Local Rules of the Sacramento Superior Court, Local Rule 1.06(D). Moving counsel is directed to review the Local Rules, effective 1/1/2020. Both moving and opposing counsel failed to comply with CRC Rule 3.1110(b)(3)‐(4). Factual Background Acting in pro per, plaintiffs Singh and Dev filed this action on 12/17/2019 against several defendants in...
2020.09.01 Motion for Judgment on the Pleadings 630
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2020.09.01
Excerpt: ...g that is the subject of the motion for judgment on the pleadings. (Emphasis added.) Moving counsel is advised that the future motions which do not comply with the express requirements of §439 may be stricken and/or dropped from calendar but since this Court concludes that the meet‐and‐confer process would not have resolved the present dispute without the need for judicial intervention, the merits of this motion shall be addressed below. Alt...
2020.08.27 Motion for Judgment on the Pleadings 616
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2020.08.27
Excerpt: ...ant California Department of Public Health's (“CDPH”) motion for judgment on the pleadings is ruled upon as follows. Overview This is a putative class action for CDPH's purported “unauthorized disclosure of sensitive and private personal medical information regarding Plaintiff and class members' pregnancy tests.” (Complaint, ¶ 1.) Plaintiff Johnnae M. Harkey‐Kirk alleges that “8. On or about November 29, 2018, Plaintiff, who was preg...
2020.08.27 Demurrer 846
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2020.08.27
Excerpt: ...ff and Cross‐ Defendant Patrick Clemens (“Clemens”) demurrer to Defendant and Cross‐Complainant StHealth Capital Investment Corp's (“StHealth”) (f/k/a as First Capital Investment Corp. (“FCIC”)) first amended cross‐ complaint (“FAXC”) is ruled upon as follows. Overview This is an employment action for Labor Code violations and breach of contract. Clemens alleges that he worked for defendants, including FCIC from March 30, 20...
2020.08.26 Motion for Summary Judgment, Adjudication 418
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2020.08.26
Excerpt: ...n is overruled: ∙ Objection No. 16 to the Declaration of Daryl Tsutsui to the extent it raises a Secondary Evidence Rule objection. The Court relied on this paragraph of Daryl Tsutsui's declaration only as to the portions thereof that are cited in the tentative ruling, below. The Court declines to rule on the remainder of Defendant's evidentiary objections since the subject evidence is immaterial to disposition of the motion. (See Code of Civ. ...
2020.08.26 Motion for Judgment on the Pleadings 192
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2020.08.26
Excerpt: ... Defendants' counsel is directed to contact Plaintiff Renee Martin (“Plaintiff”) forthwith to advise Plaintiff of Local Rule 1.06 and the Court's tentative ruling procedure. If Defendants' counsel is unable to contact Plaintiff 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 appears without following the ...
2020.08.25 Motion to Quash Service of Summons 742
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2020.08.25
Excerpt: ...e Section 474 to bring Lexington into this action by Doe Defendant Amendment on grounds that “Zurich was not truly ignorant of Lexington's identity or Zurich's purported claims against Lexington when Zurich filed its original September 16, 2019 Complaint.” (Notice of Motion at 2.) In this insurance coverage action, Zurich American Insurance Company ("Zurich") seeks to be reimbursed amounts it incurred defending U.S. Home Corp. ("U.S. Home") i...
2020.08.25 Motion for Judgment on the Pleadings 678
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2020.08.25
Excerpt: ...nt of Fair Employment and Housing ("DFEH") was filed over one year after the date of any of the alleged unlawful actions upon which Plaintiff bases her First and Second Causes of Action, making her DFEH complaint untimely. (P&As at 1‐2.) Defendant argues that because Plaintiff failed to timely exhaust her administrative remedies as to her First and Second Causes of Action, Defendant is entitled to judgment as a matter of law. (Id.) Overview Thi...
2020.08.25 Demurrer 680
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2020.08.25
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...
2020.08.25 Demurrer 471
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2020.08.25
Excerpt: ...about April 15, 2019, containing four causes of action for Elder Abuse/Neglect, Professional Negligence, Negligent Infliction of Emotional Distress and Violation of Patient's Bill of Rights (H&S §1430(b)). Defendant's demurrer targets all causes of action on grounds that they fail to state a claim and also on grounds of uncertainty. As a preliminary matter, the Court notes that counsel for the moving party declares that “Plaintiff agreed to di...
2020.08.20 Motion for Sanctions 750
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2020.08.20
Excerpt: ...n papers were not timely filed but were nevertheless considered. The opposition papers fail to comply with CRC Rule 3.1110(b)(3)‐(4). Overview This is a construction defect action which was filed in December 2017 against several defendants including PLAI. In March 2018 PLAI filed a demurrer to the complaint and in April 2018 the Court sustained this demurrer, noting it was not opposed. Although plaintiff was given leave to amend, no amended com...
2020.08.19 Petition to Compel Arbitration 840
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2020.08.19
Excerpt: ...m a traumatic brain injury. He alleges that he suffered from a concussion shortly before entering into the purchase agreement with 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. Defendant moves to compel a...
2020.08.19 Demurrer 910
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2020.08.19
Excerpt: ...ion matters. *** Defendants Cypress Pacific, LLC and Nielsen Property Management's (collectively “Defendants”) demurrer to Plaintiffs' complaint is ruled upon as follows. Overview This is an action for breach of warranty of habitability. Plaintiffs allege that Defendants failed to properly maintain, control or repair the property. Plaintiffs allege that as a result of Defendants' failure to properly maintain the property, they were forced to ...
2020.08.18 Motion to Compel Responses 524
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2020.08.18
Excerpt: ...f was a patient at Defendant Dignity Health dba Mercy Hospital of Folsom (“Dignity”). Plaintiff alleges causes of action for intentional infliction of emotional distress, medical malpractice, negligent supervision, and dependent adult abuse against multiple defendants, including Dignity. Factual Allegations As relevant to this motion, Plaintiff alleges as follows: On or about January 8, 2019, Plaintiff went to Dignity's emergency room with ca...
2020.08.18 Motion for Preliminary Injunction 626
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2020.08.18
Excerpt: ...e Deed of Trust was assigned to Defendant U.S. Bank National Association on June 10, 2013. On November 1, 2011, Defendant Ocwen Loan Servicing, LLC (“Ocwen”) began servicing the loan. By May of 2013, Plaintiff was allegedly in default on her loan. After Plaintiff refused to pay her outstanding balance to cure her default, Defendant Western Progressive, LLC, as the new trustee, recorded a Notice of Default and Election to Sell under Deed of Tr...
2020.08.18 Demurrer 100
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2020.08.18
Excerpt: ...e/RV. Plaintiffs allege Defendants own the Freeport Marina and RV Park where Plaintiffs rented Space #16. (Compl. at p. 5.) Plaintiffs allege their RV was parked in Space #16 on October 23, 2017, when “a very large oak tree fell and landed on the [RV] just missing both Plaintiffs, resulting in severe shock to Plaintiffs' nerves and nervous systems and post traumatic stress disorder.” (Compl. p. 4.) Plaintiffs allege three causes of action aga...

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