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
2019.12.10 Motion for Summary Judgment, Adjudication 292
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2019.12.10
Excerpt: ...intiff will be addressed at the hearing and the parties should be prepared to point to specific evidence which is claimed to show the existence or non‐existence of a triable issue of material fact. *** Defendant United Parcel Service, Inc.'s (“UPS”) motion for summary judgment, or in the alternative, summary adjudication on Plaintiff Madeline Martin's (“Martin” or “Plaintiff”) complaint is ruled upon as follows. I. Overview This is ...
2019.12.10 Demurrer 838
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2019.12.10
Excerpt: ...t. The hearing date shall automatically be continued one week plus one court day for oral argument. The continuance date will always be an appearance required hearing so that Plaintiff need not request oral argument. The Litigation Coordinator shall make Plaintiff available, by COURTCALL, at 9:00 a.m. on the date of the continued hearing date, which will be December 18, to participate in oral argument. Defendant Dr. Daniel Jackson's (“Defendant...
2019.12.10 Motion for Sanctions 033
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2019.12.10
Excerpt: ... affirmative defenses in his answer. (RJN Ex. 64.) Plaintiff served Defendant with form interrogatories seeking, among other things, facts, documents, and the identity of witnesses supporting those defenses. (LeLievre Decl. Ex. 61.) Defendant failed to respond to the interrogatories, so Plaintiff filed a motion to compel responses, which Defendant did not oppose. The Court granted the motion on August 26, 2019, ordering “No later than September...
2019.11.22 Motion for Preliminary Injunction 720
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2019.11.22
Excerpt: ..., he entered into a lease with his tenant, Na Zhu, which was set to expire on January 31, 2019. On December 11, 2018, Plaintiff went out of the country to visit his son. He returned on January 15, 2019. Upon his return, Plaintiff was unable to reach his tenant. On January 18, 2019, he drove to the property and discovered a notice on the door from the Sacramento Police Department. The notice was dated 12/12/2018. It was an administrative penalty f...
2019.11.22 Motion for Judgment on the Pleadings 082
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2019.11.22
Excerpt: ...'s motion for judgment on the pleadings is ruled upon as follows. Plaintiff's request for judicial notice is granted. In taking judicial notice of the recorded land documents, the court accepts the fact of their existence, not the truth of their contents. (Herrera v. Deutsche Bank Nat'l Trust Co. (2011) 196 Cal.App.4th 1366, 1375; Kalnoki v. First American Trustee Servicing Solutions LLC (2017) 8 Cal.App.5th 23, 36‐37 [trial court properly took...
2019.11.21 Demurrer 706
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2019.11.21
Excerpt: ...receiving it. Typically, the hearing date would automatically be continued one week plus one court day for oral argument. However, the Court Holidays, the hearing date shall be continued to December 4, 2019. 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, at 9:00 a.m. on the date of the continued hearing date, whi...
2019.11.21 Motion for Judgment on the Pleadings 484
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2019.11.21
Excerpt: ... violates CRC, Rule 3.113(d) (“Except in a summary judgment or summary adjudication motion, no opening or responding memorandum may exceed 15 pages.”) The Court has considered the oversized brief in its discretion. Plaintiff's opposition was untimely by one day. However, the Court has considered the merits in its discretion, as there was no apparent prejudice to Defendant as a result of the delay. Both parties are advised that failure to comp...
2019.11.21 Motion to Compel Production of Docs 484
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2019.11.21
Excerpt: ... of action against Defendant under the Private Attorney's General Act (“PAGA”), alleging Defendant violated various wage and hour statutes. On February 6, 2016, Plaintiff served Defendant with RFP (Set Two), which contained a single RFP (RFP 53) that requested the following: All documents sufficient to identify the composition and hierarchy of the Defendant's business operations, including but not limited to the identification of all employee...
2019.11.21 Motion to Set Aside Default, Judgment 214
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2019.11.21
Excerpt: ...7/2016 at 4:32 p.m. at 8640 Heppner Ct., Elk Grove, CA 95624. Substitute service was made on "JOHN DOE (REFUSED NAME), CO‐OCCUPANT CAUCASIAN, Male, 69+ yrs old, 5'10" tall, 220 lbs., GREY hair." Default was entered on 12/16/2016. Default judgment was entered on 6/8/2017. Defendant moves to set aside pursuant to CCP 473.5. The motion is untimely. CCP 473.5 provides that "[t]he notice of motion shall be served and filed within a reasonable time, ...
2019.11.13 Motion to File Amended Complaint 020
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2019.11.13
Excerpt: ...fs now seek leave to amend to (1) add two defendants, Freedom Health Partners LLC and Financial Health Accounting, LLC, and (2) assert joint employer and alter ego allegations against Defendants. Plaintiffs contend that Defendant will not be prejudiced by the amendment, because the case is only eight months old, and no trial date has been set. Plaintiffs note that Defendant previously stipulated to an amendment to add Freedom Health Partners as a...
2019.11.12 Motion to Compel Production of Docs 616
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2019.11.12
Excerpt: ...te's “motion to compel document production from defendant Chris Barnum” is ruled on as follows. The notice of motion does not comply with Code of Civil Procedure §1010 or CRC Rule 3.1110(a). The notice of motion also fails to clearly specify whether the present motion is one seeking defendant Barnum's further responses pursuant to Code of Civil Procedure §2031.310, defendant Barnum's compliance pursuant to Code of Civil Procedure §2031.320...
2019.11.8 Motion to Set Aside Default, Judgment 036
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2019.11.8
Excerpt: ..., as specified in the Proof of Service execute by Shawn Sardia dated December 12, 2017. Plaintiff concedes that the proof of service bears an incorrect address as the place of service for Defendant Ross. Defendant Ross indicates that he was alerted by his boss to the potential of a subrogation claim being filed against him related to an automobile accident. He declares that he searched the court's record for any action, and located the present ac...
2019.11.8 Demurrer 072
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2019.11.8
Excerpt: ...ontact Plaintiffs' counsel forthwith and advise them of Local Rule 1.06 and the Court's tentative ruling procedure. If Sutter's counsel is unable to contact Plaintiffs' counsel prior to the hearing, they shall be available at the hearing, in person or by telephone, in the event Plaintiffs' counsel appears without following the procedures set forth in Local Rule 1.06 (B). Request for Judicial Notice The parties' respective requests for judicial no...
2019.11.7 Motion to Compel Production of Docs 802
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2019.11.7
Excerpt: ... manufacturer of the Vehicle violated the Song‐Beverly Act by failing to repair or replace the vehicle after multiple attempts. On April 10, 2019, Plaintiffs served Defendants with RFPs. (Morse Decl. Ex. A.) Plaintiffs' RFP nos. 30‐33 seek documents evidencing customer complaints by owners of 2013 Dodge Challenger vehicles for similar defects as those alleged by Plaintiffs. (ID.) On June 19, 2019, Defendant served its responses to the RFPs. (...
2019.11.7 Motion for Summary Judgment, Adjudication 110
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2019.11.7
Excerpt: ...a Randall's (“Plaintiff”) Motion for Leave to file an amended complaint. The Court noted that BP had a pending motion for summary judgment in its ruling on Plaintiff's Motion for Leave. Plaintiff then filed the First Amended Complaint (“FAC”) on September 27, 2019, which is now the operative pleading. Nothing in the moving papers, or the Court's records, indicates the applicability of BP's motion to the FAC. (See Perry v. Atkinson (1987) ...
2019.11.6 Petition to Compel Arbitration 263
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2019.11.6
Excerpt: ...ath. The present action is brought by the decedent's wife and several adult children. The complaint purports to assert causes of action against various defendants for elder abuse, negligent infliction of emotional distress (“NIED”), violation of Patients' Bill of Rights, and wrongful death. Moving Papers. Defendants now move “pursuant to California Code of Civil Procedure §§1281.2 and 1295” to compel arbitration on the grounds that the ...
2019.11.5 Demurrer, Motion to Strike 404
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2019.11.5
Excerpt: ...HH Mortgage Corp.'s (“PHH”) demurrer to Plaintiff Homer Black's complaint is ruled upon as follows. PHH's request for judicial notice is granted. In taking judicial notice of the recorded land documents, the court accepts the fact of their existence, not the truth of their contents. (Herrera v. Deutsche Bank Nat'l Trust Co. (2011) 196 Cal.App.4th 1366, 1375; Kalnoki v. First American Trustee Servicing Solutions LLC (2017) 8 Cal.App.5th 23, 36...
2019.11.5 Motion for Terminating Sanctions 868
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2019.11.5
Excerpt: ...also failed to pay the monetary sanctions based on Plaintiff's motion to deem matters admitted. The Court may impose sanctions that are suitable and necessary to enable the party seeking discovery to obtain the objects of the discovery he seeks, but the Court may not impose sanctions which are designed not to accomplish the objects of the discovery but to impose punishment. (Caryl Richards, Inc. v. Superior Court (1961) 188 Cal. App. 2d 300, 304....
2019.11.4 Motion for Summary Judgment 034
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2019.11.4
Excerpt: ...ges two causes of action against Defendant for (1) premises liability, and (2) general negligence. The facts are as follows. On January 5, 2016, Plaintiff arrived at Defendant's store location on Bradshaw Road in Sacramento, California, with his daughter and five minor grandchildren. (UMF 3, 5.) Plaintiff entered the store with his family and wandered the store but did not buy anything. (UMF 7‐9.) Plaintiff's granddaughter Leann told Plaintiff ...
2019.11.4 Motion to Quash Service of Process and Set Aside Default 348
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2019.11.4
Excerpt: ...ction on October 16, 2018. On March 17, 2019, Plaintiff personally served the Complaint on Defendant Teague as an individual and as a corporate officer of Accrylic. (Peters Decl. Ex. A.) Plaintiff failed to serve Acrylic through its agent for service of process, who was registered with the California Secretary of State at the time of service. (Id. Ex. B.) On April 18, 2019, Plaintiff filed a request for entry of default and judgment against Defen...
2019.11.3 Motion for Terminating Sanctions 328
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2019.11.3
Excerpt: ...o per. On August 14, 2019, the Court granted Defendant's unopposed motion to compel Plaintiff's responses to request for production of documents (set one), and ordered Plaintiff to serve verified written responses, without objections, by no later than October 10, 2019. (ROA 78.) Defendant's unopposed motion to compel responses to form interrogatories (set one) was denied because Plaintiff had served timely responses to form interrogatories. (Id.)...
2019.11.1 Motion to Compel IME, for Monetary Sanctions 780
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2019.11.1
Excerpt: ...ice does not comply with that rule. Moving counsel is directed to review the Local Rules, effective 1/1/2019. Factual Background This is a personal injury action in which defendants have demanded a medical examination of plaintiff pursuant to Code of Civil Procedure §2032.010 et seq. Plaintiff appeared for examination but it was suspended when a dispute arose relating to the questions asked by the examiner. The examination was rescheduled but wa...
2019.11.1 Motion for Protective Order 368
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2019.11.1
Excerpt: ...betted this scheme and caused damage to plaintiffs. At issue here are approximately 30 “internal credit and underwriting reports” called “Credit Presentation Reports” (“CPR”), which were prepared in connection with various bank loans extended to Wannakuwatte's business, International Manufacturing Group. Pursuant to the parties' existing protective order, defendants produced a multitude of documents they insist are “confidential” ...
2019.10.31 Motion to Set Aside Default, Judgment 214
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2019.10.31
Excerpt: ..., Male, 69+ yrs old, 5'10" tall, 220 lbs., GREY hair." Default was entered on 12/16/2016. Default judgment was entered on 6/8/2017. Defendant moves to set aside pursuant to CCP 473.5. The motion is untimely. CCP 473.5 provides that "[t]he notice of motion shall be served and filed within a reasonable time, but in no event exceeding the earlier of: (i) two years after entry of a default judgment against him or her; or (ii) 180 days after service o...
2019.10.30 Motion for Summary Judgment, Adjudication 446
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2019.10.30
Excerpt: ...ed at the hearing and the parties should be prepared to point to specific evidence which is claimed to show the existence or non‐existence of a triable issue of material fact. *** Defendant Stewart Title of Sacramento's (“STS”) motion for summary judgment, or in the alternative, summary adjudication is ruled upon as follows. Overview This action arises out of a 2015 Purchase Agreement and Construction Contract for the development of a singl...
2019.10.30 Motion to Enforce Settlement Agreement 834
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2019.10.30
Excerpt: ...es that the Settlement Agreement attached as Exhibit A to the Declaration of Jason M. Sherman (“Sherman Decl.”) nowhere states that this Court would retain jurisdiction over this case for purposes of enforcing the settlement agreement. However, the Court also notes that it currently retains jurisdiction because this case has not yet been dismissed in its entirety. Plaintiffs have dismissed their action in its entirety. Generally, when there i...
2019.10.30 Motion to Quash Service of Summons 315
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2019.10.30
Excerpt: ...ie Vega (“Plaintiff”) filed her original Complaint for medical malpractice on January 25, 2019, based on an incident that occurred on or about November 23, 2017. (Register of Actions (“ROA”) 1.) The original Complaint named “Planned Parenthood Federation of America, Inc., a business entity, form unknown, and DOES 1 to 100” as Defendants. The Complaint alleged that “Defendant Planned Parenthood,” a “business entity, form unknown,...
2019.10.29 Demurrer 790
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2019.10.29
Excerpt: ...FW), Violation of 42 USC §1983 (against Bartlett), and Violation of Administrative Practices Act of California (against Defendants). Plaintiffs are Jeffrey Huckins, Donna Waddell and Lisa Ann Messick Rerucha. They own farming and hunting land (“Land”). The Land is bounded on the north by Honcut Creek. When inclement weather occurs, the surface of Honcut Creek in the vicinity of and adjacent to the Land can raise in elevation, resulting in ov...
2019.10.29 Motion for Summary Judgment, Adjudication 106
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2019.10.29
Excerpt: ...nt to specific admissible evidence which is claimed to show the existence or nonexistence of a triable issue of material fact. *** Defendant Vibra Hospital of Sacramento's motion for summary judgment as against plaintiff Pinney 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 direc...
2019.10.28 Demurrer 972
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2019.10.28
Excerpt: ...nd motion matters. *** Defendants River Delta Joint District (“District”), Don Beno (“Beno”) and Laura Ulsan's (“Ulsan”) (collectively “Defendants”) demurrer to Plaintiffs' Third Amended Complaint (“TAC”) is ruled upon as follows. At the outset, the Court notes that the TAC is 117 pages (exclusive of 231 pages of exhibits) and 235 paragraphs (exclusive of sub‐parts) of text, with significant repetition of factual allegations...
2019.10.25 Demurrer 678
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2019.10.25
Excerpt: ...ers. *** Defendant California Department of Health Care Services' (“DHCS”) Demurrer to Plaintiff Mei Li's (“Plaintiff”) Third Amended Complaint (“TAC”) is ruled on as follows. Overview This case arises from allegations of sexual harassment, national origin harassment, and retaliation. Plaintiff was employed by DHCS as an auditor from March 2, 2015 to November 23, 2015. Plaintiff alleges that she received unwanted sexual advances from ...
2019.10.25 Demurrer 396 (2)
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2019.10.25
Excerpt: ...ginated in January 2007 and is secured by a Deed of Trust ("DOT") recorded against plaintiff's home on American River Drive. The 2017 action named numerous defendants, but did not name Defendant Fay Servicing, LLC. The 2017 action alleged that plaintiffs were not contacted prior to the recording of a Notice of Default in October 2007 to discuss their financial situation and to explore alternatives to foreclosure as mandated by the California Home...
2019.10.25 Demurrer 810
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2019.10.25
Excerpt: ...N Ex. 1.) The loan was secured by a deed of trust (“DOT”) against the real property located at 3635 Bellinger Court, North Highlands (the “Property”). (Id.) 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 Assignment”). (RJN Ex. 2.) On July 16, 2012, a Notice of Default ...
2019.10.25 Motion for Terminating Sanctions 608
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2019.10.25
Excerpt: ...‐Complainants unopposed motion to compel Plaintiff's deposition, and ordered Plaintiff to appear for deposition no later than September 6, 2019. (Parra Decl. Ex. A.) On August 13, CrossComplainants served Plaintiff with a copy of the Court's order and notice of entry of order. (Id. Ex. B.) On that same date, Cross‐ Complainants sent Plaintiff a letter proposing deposition dates, yet Plaintiff did not respond. (Id.) On September 10, Cross‐Co...
2019.10.24 Motion to Compel Production of Docs 266
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2019.10.24
Excerpt: ...t on 2/16/2017. Plaintiff's complaint filed on 3/2/2018 alleges that defendant “negligently controlled, managed, maintained, operated, installed, repaired, hired, cleaned, and electrically wired its leased premises.” Plaintiff has requested defendant to produce the “incident report” which was prepared following plaintiff's 2017 fall and the work performance evaluations for Ms. Keenan, the former assistant manager of the subject restaurant...
2019.10.24 Motion for Summary Judgment, Adjudication 026
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2019.10.24
Excerpt: ...ng plaintiff's 195 Additional Material Facts and/or which of the objections to evidence will be addressed at the hearing. The parties should be prepared to point to specific admissible evidence which is claimed to show the existence or non‐existence of a triable issue of material fact. *** Defendant Costco Wholesale Corporation's (“Costco”) motion for summary adjudication as against plaintiff Susan Willis is ruled upon as follows. Both movi...
2019.10.24 Demurrer, Motion to Strike 088
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2019.10.24
Excerpt: ...ers. *** Defendant The Ezralow Company, LLC's “(TEC”) demurrer to the First Amended Complaint (“1AC”) is ruled on as follows. Factual Background This employment action is brought by a former manager of a residential property owned by TEC. According to the 1AC, plaintiff was hired in 2010 and in December 2017 she received a poor performance review which resulted in her being placed on a performance improvement plan. Plaintiff maintains tha...
2019.10.24 Petition to Compel Arbitration 686
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2019.10.24
Excerpt: ...lth's Central Valley Region. His employment was terminated in July 2018 and his lawsuit purports to assert causes of action for retaliation in violation of various statutes, wrongful termination, breach of employment contract, breach of implied covenant of good faith and defamation. Moving Papers. Defendant asserts that all causes of action currently alleged arise out of plaintiff's employment with Sutter Health and are therefore subject to plain...
2019.10.23 Motion to Disqualify Counsel and Firm 414
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2019.10.23
Excerpt: ...cal systems, software systems, bluetooth, connectivity, paint, radio/navigation, entertainment system, water intrusion, display blacks out, steering, rear tailgate, forward collision system. Plaintiffs are represented by The Law Office of Patrea R. Bullock and Patrea R. Bullock (“Bullock”). In fall 2016, Bullock began working for Universal & Shannon, LLP (“U&S”) where she defended FCA in lemon law actions. In June 2017, moved to Gates, Go...
2019.10.23 Motion for Summary Judgment, Adjudication 290
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2019.10.23
Excerpt: ...at the hearing and the parties should be prepared to point to specific evidence which is claimed to show the existence or non‐existence of a triable issue of material fact. *** Cross‐Complainant/Cross‐Defendant KD&E, LLC's (“KD&E”) motion for summary judgment, or in the alternative, summary adjudication is ruled upon as follows. This matter was set for 10/4/2019, but continued on the Court's own motion to today's date. I. Overview This ...
2019.10.23 Petition to Compel Arbitration and Joinder 038
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2019.10.23
Excerpt: ...ively "Managing Defendants"), and Windsor Haysac Holdings, LLC ("WHH") joinder is GRANTED. The Court disagrees with Plaintiff that the motion is untimely. Plaintiff proffers no legal authority that a petition to compel arbitration must be brought within a certain time period. I. Overview This is an elder abuse/wrongful death action. Plaintiff Gabriel Scott ("Gabriel" or "Plaintiff") alleges that his father, Timothy Scott ("Decedent"), was a resid...
2019.10.22 Motion for Summary Adjudication 800
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2019.10.22
Excerpt: ...ants' objections on the grounds of relevance are OVERRULED. The Court may properly take judicial notice of court documents. 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 Aff...
2019.10.21 Motion for Leave to Take Subsequent Deposition 890
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2019.10.21
Excerpt: ... parties then stipulated to allow for the filing of a supplemental opposition and reply. The Court has considered the supplemental briefs in its ruling. This is an age discrimination action brought by Plaintiff Farrell York (“Plaintiff”). On July 10, 2014, Plaintiff attended a meeting with the shopsteward for his union, Kevin Toney, and defendant Craig Robinson. Plaintiff and Mr. Toney assert that during the July 10 meeting, Mr. Robinson made...
2019.10.21 Demurrer 306
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2019.10.21
Excerpt: ... Defendants West Coast Audio, Inc., et al.'s demurrer to the Second Amended Complaint (“2AC”) is ruled on as follows. Although the notice of hearing provided notice of the Court's tentative ruling system as required by Local Rule 1.06(D), the notice again does not comply with that rule. Moving counsel is directed to review the Local Rules, effective 1/1/2019. Moving counsel again failed to comply with CRC Rule 3.1110(b)(3). Opposing counsel a...
2019.10.21 Motion to Enforce Subpoena 430
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2019.10.21
Excerpt: ... Trial is currently set to commence on 11/5/2019. Moving Papers. Plaintiff asserts that she served the third party deponent, ASI, with a subpoena for personal appearance along with a request for production but the deponent failed to appear on 9/26/2019, the date specified in the subpoena. Opposition. Defendants' counsel filed a declaration in opposition, averring that defendants not only are withdrawing from its previously issued Trial Witness Li...
2019.10.18 Motion for Summary Adjudication 446
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2019.10.18
Excerpt: ... and/or double time wages. Plaintiffs allege that they worked hours “off‐the‐clock” without compensation. Plaintiffs allege that it was the customary and uniform practice of RNs and LVNs (with Dignity Health's knowledge and consent) to report 20‐30 minutes prior to the start of their shift, and to stay for 10‐20 minutes after the end of the shift, and to perform work during those times. Plaintiffs allege that Dignity Health also engag...
2019.10.18 Motion for Summary Judgment 742
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2019.10.18
Excerpt: ...e which is claimed to show the existence or non‐existence of a triable issue of material fact. *** Defendant Harkeshwar Sandhu, DDS'(“Sandhu”) motion for summary judgment is ruled upon as follows. Overview This is a dental malpractice action. Plaintiff Theodore White (“White” or “Plaintiff”) alleges that co‐defendant David S. Park (“Park”) is a licensed dentist and employs dentists at his practice. Park owns co‐defendant Dav...
2019.10.17 Motion to Compel Production of Docs 504
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2019.10.17
Excerpt: ... re Policies and Procedures; and requests for $960 in monetary sanctions in connection with each motion, is ruled upon as follows. Defendants Francis Kang, Caroline Kang, and Caroline Kang LLC dba Laguna Woods PMK re Policies and Procedures (collectively, “Defendants”) oppose the motion. Background This is an Elder Abuse action. Decedent Christine Patton ("Christine") was a resident a Laguna Woods, a residential care facility for the elderly ...
2019.10.17 Motion to Dismiss Class Claims 346
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2019.10.17
Excerpt: ...opposed but is DENIED WITHOUT PREJUDICE for failure to comply with Rule of Court 3.770(a). This is a putative wage and hour class action. Plaintiffs filed the instant action on April 27, 2015, alleging wage and hour violations including failure to pay overtime wages and to provide an uninterrupted meal and rest break on behalf of themselves and all others similarly situated, as well as causes of action for violations of Labor Code 226(a), Unfair ...
2019.10.17 Motion to Set Aside Default and Quash Service of Summons 028
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2019.10.17
Excerpt: ... he was not personally served with the Summons and Complaint, that the person who was served through substituted service is someone he does not know, and that he did not actually live at the address where such substituted service was completed. (Declaration of James Hodgson (“Defendant Decl.”) ¶¶ 1‐9.) Defendant also moves to quash service of summons due to lack of jurisdiction under and Code of Civil Procedure 418.10(a)(1). Request for J...
2019.10.16 Motion for Issuance of OSC Re Civil Contempt 994
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2019.10.16
Excerpt: ...arsay are SUSTAINED. Overview On February 6, 2018, the Supreme Court of the State of New York entered a judgment in favor of Creditor and against judgment debtor Suneet Singal (“Debtor”) in the amount of $21,221,676.53. (Levin Decl. ¶2.) Examinee Majique Ladnier is Debtor's spouse. Creditor filed an application to domesticate the New York Judgment in this Court, and this Court accordingly entered judgment on February 27, 2018. (Id. ¶3.) Cre...
2019.10.16 Motion for Reconsideration 790
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2019.10.16
Excerpt: ...Rule 3.1110(b)(3)‐(4). Factual Background This action arises from a dispute between an insured and his automobile insurer relative to a motor vehicle accident in which the former was involved in October 2017. In this lawsuit plaintiff alleged that after the accident, his insurer subsequently took a recorded statement from its insured and “made an internal decision that Plaintiff was liable for causing the accident” but plaintiff retained co...
2019.10.16 Motion to Compel Compliance 402
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2019.10.16
Excerpt: ...inst their employer and a supervisor, Isaac Bristow, who allegedly engaged in a variety of conduct claimed to violate California's Fair Employment and Housing Act (“FEHA”). In April 2018 SMU served its Requests for Production on plaintiff Royal‐Shipp. Request 36 asked for “ALL DOCUMENTS, including COMMUNICATIONS, RELATED TO YOUR complaints about BRISTOW.” Plaintiff Royal‐Shipp responded: Objection. This request is oppressive, unduly b...
2019.10.16 Motion to Compel Deposition 972
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2019.10.16
Excerpt: ...ubmit to cross‐examination and to provide 21MC with an opportunity to respond to defendants' evidence. Having received supplemental submissions from both sides, the Court now issues the following tentative ruling. Factual Background This action arises out of a 2017 Inventory Security Agreement and Power of Attorney (“ISAPA”) between Plaintiff 21MC and defendant American River RV, Inc. (“ARRV”) along with a personal guaranty given by def...
2019.10.15 Motion to Strike Memorandum of Costs 278
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2019.10.15
Excerpt: ... however, allowed both parties to re‐brief the motion. In its original memorandum of costs (ROA 143), DGS seeks $9,956.59 in total costs. These costs are: (1) Filing and Motion Fees: $1,475 (2) Deposition Costs: $3,065.68 (3) Service of Process: $5,140.92 (4) Witness Fees: $275 Legal Standard In ruling on a motion to tax costs, the Court's first determination is whether the statute (CCP § 1033.5) expressly allows the particular item and wh...
2019.10.11 Demurrer 124
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2019.10.11
Excerpt: ...o complete meet and confer pursuant to Code of Civil Procedure section 430.41, the defendants' motion states the wrong street address for the courthouse in which the demurrer is to be heard, and defendants failed to request judicial notice of the complaint to which the demurrer is addressed, are all overruled. Plaintiff's complaint alleges five causes of action arising from the parties' alleged execution of a contract entitled Buyers Confidential...
2019.10.11 Motion to Strike 124
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2019.10.11
Excerpt: ...r on the grounds that the parties failed to complete meet and confer pursuant to Code of Civil Procedure section 430.41, and defendants failed to request judicial notice of the complaint to which the motion is addressed, are all overruled. Defendants move to strike the Plaintiff's punitive damage allegations in the Fraud and Intentional Interference claims on the ground that Plaintiff fails to adequately allege facts of the Defendants' ac...
2019.10.11 Demurrer, Motion to Strike 938
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2019.10.11
Excerpt: ...as to Plaintiff, and that any such breach caused his alleged harm. Defendant also demurs upon the ground that Plaintiff's claim, though now styled as general negligence, alleges professional negligence by a health care provider (dental malpractice), but Plaintiff failed to commence his action within the one‐ year statute of limitations applicable under Code of Civil Procedure section 340.5. Defendant's demur has merit on both grounds. P...
2019.10.10 Motion to Compel Responses 326
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2019.10.10
Excerpt: ...Defendants Buchanan, et al.'s motion to compel plaintiff in pro per Stella Altraide's (“Stella”) further responses to certain form and special interrogatories and to certain requests for production of documents is ruled on as follows. The Court notes that Stella appears to have filed three (3) separate oppositions to the present motion, one filed on 9/20/2019, one filed on 9/25/2019 and one filed on 9/27/2019. The Court has considered only th...
2019.10.10 Demurrer 778
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2019.10.10
Excerpt: ...tion matters. *** Defendants California Department of Corrections and Rehabilitation's (“CDCR”) demurrer to the First Amended Complaint (“1AC”) is ruled on as follows. Moving counsel failed to comply with CRC Rule 3.1113(f)'s requirement for a Table of Contents and Table of Authorities when the points & authorities exceed 10 pages. Factual Background This action arises out of the November 2016 suicide of Milton Beverly, Jr. while in the c...
2019.10.10 Demurrer 396
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2019.10.10
Excerpt: ...ed that pursuant to local rules, only limited oral argument is permitted on law and motion matters. *** The Court notes that the opposition filed by plaintiff on 10/3/2019 was not timely filed or served but it was nevertheless considered. However, it fails to address a number of the substantive arguments advanced in the moving papers including but not limited to this lawsuit being barred in its entirety by res judicata, based on the judgment of d...
2019.10.9 Motion to Quash Deposition Subpoena 578
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2019.10.9
Excerpt: ... Statement. (CRC Rule 3.1345.) This action arises from a pedestrian versus vehicle collision that occurred on January 21, 2018. Defendant, driving for Defendant Uber Technologies, Inc., stopped at a gas station. Plaintiffs allege that as they exited the vehicle, Defendant began driving, struck Plaintiffs, and fled the scene. Plaintiffs allege injuries as a result of the accident. In June 2019, Defendant issued 30 subpoenas for Plaintiffs' medical...
2019.10.9 Demurrer 544
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2019.10.9
Excerpt: ...er Cross‐Defendant Curtis Smith's (“Smith”) demurrer to Cross‐Complainants Michael Egan (“Egan”) and Silver Lining Properties, LLC's (“SLP”) (collectively CrossComplainants”) first amended cross‐complaint (“FAXC”) is ruled upon as follow. The Court notes that while Smith's meet and confer effort remain deficient, the Court will rule on the merits of the demurrer. The Court did not consider Smith's declaration filed in supp...
2019.10.8 Motion to Stay Litigation 166
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2019.10.8
Excerpt: ...iff to Arbitration. On June 18, 2019, the Court ruled as follows: Given the conflicting arguments, including factual disputes, regarding the existence and enforceability of the arbitration agreement, this matter is referred to the Presiding Judge in Department 47 for a short cause trial. (See Hotels Nevada v. L.A. Pacific Ctr., Inc. (2006) 144 Cal.App.4th 754.) The short cause trial is only for the limited purpose to determine whether an arbitrat...
2019.10.8 Demurrer 580
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2019.10.8
Excerpt: ...red since a demurrer is necessarily limited to the face of the pleadings and may not involve extrinsic evidence. A demurrer “tests the pleadings alone and not the evidence or other extrinsic matters.” (SKF Farms v. Superior Court (1984) 153 Cal.App.3d 902, 905.) The only issue involved in a demurrer hearing is whether the complaint, as it stands, unconnected with extraneous matters, states a cause of action." (McKenney v. Purepac Pharm. C...
2019.10.7 Motion for Summary Judgment, Adjudication 092
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2019.10.7
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 Roseville Lodge No. 1293, Loyal Order of Moose, Inc. and John Dickinson's (“Dickinson”) (collectively “Defendants”) motion for summary judgment, or in the alternative, summary adjudication is ruled upon as follows. Overview This is a persona...
2019.10.4 Motion to Quash Deposition Subpoena 263
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2019.10.4
Excerpt: ...sh Defendants' deposition subpoenas for business records regarding Plaintiff Sam Rios, Jr. is ruled upon as follows. This is an elder abuse action. Plaintiffs allege that Sam Rios Jr. ("Sam") was admitted to Pine Creek on 4/15/2017 in stable medical condition with intact skin. Plaintiffs allege that during his 14 day stay at Pine Creek, Sam developed bed sores that became infected, compromised his recovery from a hip fracture, destroyed h...
2019.10.4 Demurrer 786
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2019.10.4
Excerpt: ...ca.gov . Defendant Allstate Insurance Co.'s demurrer to Plaintiffs Mark Giannini and Linda Giannini's (collectively “Plaintiffs”) second cause of action in their first amended complaint is SUSTAINED with leave to amend. Overview Plaintiffs own 8 properties. Allstate provided insurance to Plaintiffs as well as a $2 million umbrella policy. Allstate inspected the property at issue in September 2014 to look for hazards and other conditions that ...
2019.10.3 Demurrer 516
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2019.10.3
Excerpt: ...sed vocational nurse working at California Cosmetics, performing Botox injections under the supervision of Jeffrey Barczak, D.O. (FAC ¶9.) Defendant is an association that regulates the activities of Licensed Vocational Nurses, such as Plaintiff. (Id. ¶10.) Plaintiff alleges that on January 22, 2019, she received a cease and desist letter following an investigation by Defendant into the medical practice of California Cosmetics, citing Plaintiff...
2019.10.3 Demurrer 184
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2019.10.3
Excerpt: ...ants' prior demurrer to Plaintiff's Complaint. Overview On January 1, 2015, Plaintiff entered into a lease agreement with Defendants in which Plaintiff rented the premises located at 4720 Roosevelt Ave., #2, Sacramento 95820 in exchange for $725 per month. (FAC ¶7.) Plaintiff alleges that as of April 2018, numerous habitability defects arose on the premises, including, without limitation, severe mold and mildew contamination, insect infestations...
2019.10.3 Motion to Quash Deposition Subpoena 578
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2019.10.3
Excerpt: ... Statement. (CRC Rule 3.1345.) This action arises from a pedestrian versus vehicle collision that occurred on January 21, 2018. Defendant, driving for Defendant Uber Technologies, Inc., stopped at a gas station. Plaintiffs allege that as they exited the vehicle, Defendant began driving, struck Plaintiffs, and fled the scene. Plaintiffs allege injuries as a result of the accident. In June 2019, Defendant issued 30 subpoenas for Plaintiffs' medical...
2019.10.3 Motion to Compel Arbitration 732
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2019.10.3
Excerpt: ...to C.C.P., sec. 1005, as it was served by mail and not in a manner calculated to reach defendants the next business day. Defendants were able to file a reply fully responding to the opposition. (See, e.g. Carlton v. Quint (2000) 77 Cal.App.4th 690.) Thus, there appears no prejudice to Defendants. (See, e.g. Israni v. Superior Court (2001) 88 Cal.App.4th 621.) Overview On December 15, 2011, Plaintiff began working as a server at a Sizzler's restau...
2019.10.3 Motion to Strike 638
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2019.10.3
Excerpt: ...ation action. Defendants seek to strike (1) references to punitive damages, (2) references to “privileged communications,” and (3) a reference to California Labor Code section 218.5. Legal Standard Under section 436, the Court may “[s]trike out any irrelevant, false, or improper matter inserted in any pleading” as well as “all or part of any pleading not drawn or filed in conformity with the laws of this state.” (Code Civ. Proc, § 43...
2019.10.2 Motion for Summary Judgment 054
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2019.10.2
Excerpt: ...ng and the parties should be prepared to point to specific evidence which is claimed to show the existence or non‐ existence of a triable issue of material fact. *** Defendant The Regents of the University of California's (“Regents”) motion for summary judgment as against plaintiff Wimer is ruled on as follows. Defendant Sodexo's 9/9/2019 “joinder” in Regents' motion for summary judgment is DROPPED since Local Court Rule 2.09 requires t...
2019.10.1 Motion to Stay Further Proceedings 630
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2019.10.1
Excerpt: ...filed this action on January 15, 2019, alleging violations of the Labor Code for failure to pay overtime wages, wage statement violations, waiting time penalties, and failure to pay vacation wages; and unfair competition under the Business & Professions Code. On April 5, 2019, Plaintiff filed her First Amended Complaint, adding a claim under the Private Attorney General Act (PAGA) and dismissing all individual and class claims without prejudice. ...
2019.10.1 Motion for Terminating Sanctions 248
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2019.10.1
Excerpt: ...d special interrogatories and a request for production of documents on Plaintiff. Plaintiff failed to respond to the discovery requests. Defendant filed motions to compel the responses, which this Court granted on July 22, 2019. The Court's order directed Plaintiff to respond to the discovery requests no later than August 2, 2019. Despite the Court's Order, Plaintiff still has not responded to the discovery requests. Defendant now moves for termi...
2019.1.31 Motion to Enforce Settlement 446
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2019.1.31
Excerpt: ...he Stipulation because he has filed to close escrow and pay the purchase price for 2201 Brunton Way, Sacramento, CA, the subject real property, by October 31, 2018. Verkhovodov argues that the Court should enter judgment “against Plaintiff” requiring him to pay $165,000, pay his prorated share of property taxes, disgorge any rents he collected from Verkhovodov's tenants, and pay Verkhovodov's attorney's fees and costs for bringing the present...
2019.1.31 Demurrer 332
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2019.1.31
Excerpt: ...of Civil Proc. § 430.10(a); and (2) the Complaint is uncertain and ambiguous as to its cause of action against CalPERS Code of Civil Proc. § 430.10(f). Plaintiff seeks Declaratory Relief to establish CalPERS wrongfully adjusted and reduced disability retirement; that CalPERS wrongfully claims that Plaintiff owes CalPERS money, and has already wrongfully seized and converted to its own account over $3,000 of Plaintiffs justly due retirement paym...
2019.1.30 Demurrer 288
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2019.1.30
Excerpt: ...421 San Juan, LLC (“421”) and SEVA Assisted Living, Inc. (“SEVA”) (collectively “Entity Plaintiffs”) (the “Individual Plaintiffs” and “Entity Plaintiffs” are collectively referred to herein as “Plaintiffs.”) The Individual Plaintiffs own and operate the Entity Plaintiffs. The Individual Plaintiffs allege they owned and operated SEVA and 421. On December 15, 2015, the Entity Plaintiffs entered into an agreement (“Purchase...
2019.1.30 Motion for Attorney Fees 222
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2019.1.30
Excerpt: ...15 Cal.4th 543, 590; Steed v. Department of Consumer Affairs (2012) 204 Cal.App.4th 112, 120‐121.) I. Overview In this action, Plaintiff William Carlisle alleges that he jointly retained Whitaker as an expert in his divorce proceedings. Whitaker was jointly retained by Plaintiff and his exwife Carol Carlisle. Plaintiff alleges the following: 5. Defendant billed over $30,000.00, whereas Plaintiff believed that Defendant would complete his work w...
2019.1.30 Motion to Strike (SLAPP) 354
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2019.1.30
Excerpt: ...urt 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; Steed v. Department of Consumer Affairs (2012) 204 Cal.App.4th 112, 120‐ 121.) I. Overview The Association alleges that Washington is a former board member of the Association and subject to its CC&Rs. Plaintiff alleges that for the last six months, Washington has been doing the following: ∙ Inte...
2019.1.30 Motion to File Amended Answer 194
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2019.1.30
Excerpt: ...lled and operated the SUBJECT PREMISES. On 4/13/2017, Defendant filed its verified answer to the complaint. With respect to paragraph 5, Defendant answered "Defendant admits the allegations of that paragraph." Defendant now moves to amend paragraph 5 to deny the allegations. According to Defendant's counsel, "on December 19, 2018, while preparing responses to the supplemental discovery‐specifically, form interrogatory 15.1 that ...
2019.1.29 Motion to Sequence Discovery, for Protective Order 484
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2019.1.29
Excerpt: ...mpt, hourly employee. Nonetheless, because Wasko purports to represent as many as 19,000 of Smart & Final's employees, Smart & Final asks the court to “bifurcate” discovery such that the first phase is limited to Wasko's personal standing as an “aggrieved employee” under PAGA. Smart & Final argues that plenary discovery from the outset presents an undue burden, especially if it turns out that Wasko's personal claims lack merit and, theref...
2019.1.29 Demurrer 464
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2019.1.29
Excerpt: ...e to amend and OVERRULED in part. Overview This is a residential landlord / tenant dispute. The plaintiff and tenant is Darrell Emery (Emery). Emery alleges that Domus manages his apartment complex. According to Emery, his apartment became infested with bed bugs and, despite his repeated advisements, Domus failed to remediate the problem. Emery also alleges that Domus informed him that unless he funded a “second treatment,” his lease would be...
2019.1.29 Motion to Compel Further Responses 484
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2019.1.29
Excerpt: ...t Smart & Final Stores, LLC (Smart & Final) argues that Plaintiff Dylan Wasko's motion to compel further discovery is premature in light of Smart & Final's concurrent motion to sequence discovery and for protective order. The court has denied that motion in a concurrent ruling. Given this, and given each side's concerns that counsel did not fully explore an informal resolution of the issues presented, counsel are directed to resume th...
2019.1.29 Motion for Summary Judgment, Adjudication 196
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2019.1.29
Excerpt: ...y, surgically removed as a result. The FAC contains a single cause of action for “medical malpractice / negligence.” With the moving papers, Dr. Keifer tenders expert opinions that he abided by the standard of care and did to cause Berry's injuries. (See Sep. Stmt., Undisputed Material Facts 10, 11, 13; Norton Decl., ¶¶ 8, 9.) This shifted the burden to Berry to produce evidence demonstrating the existence of a triable issue. Berry did not ...
2019.1.29 Demurrer 444
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2019.1.29
Excerpt: ...ss day, a supplemental legal brief, no greater than five (5) pages in length, addressing the following: Defendants argue that Plaintiff Newton is collaterally estopped to litigate most of his causes of action because he received a “full evidentiary [administrative] hearing” and then failed to challenge the administrative decision by petitioning for a writ of mandate. (See Moving Memo. at 9:25‐27.) Collateral estoppel only applies where the ...
2019.1.28 Motion for Summary Judgment 253
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2019.1.28
Excerpt: ...8. National has not moved for summary judgment. Grange's request for judicial notice is granted. As to court records, the notice is limited as explained in Sosinsky v. Grant (1992) 6 Cal. App. 4th 1548. While a court may take judicial notice of the existence of any document in a court file, it cannot judicially notice the truth of facts asserted in the document. (Steed v. Department of Consumer Affairs (2012) 204 Cal.App.4th 112, 121.) For exampl...
2019.1.25 Motion for Attorney Fees 472
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2019.1.25
Excerpt: ..., Plaintiff sent a settlement demand seeking the repurchase of the vehicle and $6,436.30 in attorney's fees and costs. Defendant counter‐offered for $9,500 inclusive of fees and costs. Plaintiff rejected the offer. On 3/31/2016, Plaintiff sent another settlement offer, requesting repurchase and $25,741.36 in attorneys' fees and costs. Defendant did not respond. On 4/3/2017, Defendant offered $12,500 inclusive of attorneys' fees and costs. Plain...
2019.1.25 Motion for Judgment on the Pleadings 496
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2019.1.25
Excerpt: ...can President Lines Ltd., (collectively “Defendants”) for judgment on the pleadings is DENIED. Defendants' request for judicial notice of a dictionary definition of the term “shipping container,” and of facts related to the Bureau International des Containers et du Transport Intermodal, is denied as irrelevant. Overview This is a personal injury case under California law. The plaintiffs are Narendra Prasad (Narendra) and Sushila N. Prasad...
2019.1.25 Motion to Compel Deposition 373
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2019.1.25
Excerpt: ...tion for terminating sanctions against Hall for his failure to respond to discovery and failure to comply with the Court's repeated discovery orders. On 12/14/2018, Defendant filed the instant motion to compel Hall's attendance based on his failure to appear pursuant to the notice of deposition. CCP § 2025.450(a) provides that "If, after service of a deposition notice, a party to the action or an officer, director, managing agent, or...
2019.1.25 Motion to Compel Deposition of Person Most Qualified 620
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2019.1.25
Excerpt: ...8th date, he was flexible to changing the date. Defendant did not serve objections to the deposition notices, but instead served objections. Between May and June 2017, the parties attempted to meet and confer regarding deposition dates. The action was thereafter stayed when a motion to compel arbitration was filed. The court denied the motion to compel arbitration and the stay was lifted on October 10, 2017. In December 2017, Plaintiffs resumed m...
2019.1.25 Motion to Strike 426
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2019.1.25
Excerpt: ...Healthcare, Inc. dba Citrus Home's (“Citrus Home”) motion to strike portions of Plaintiff Kara Hagstrom's complaint is ruled upon as follows. Citrus Home moves to strike: (1) any and all allegations in Plaintiff's First Cause Of Action for Dependent Adult Abuse that fall outside of the recoverable statute of limitations as set forth in Code Of Civil Procedure §335.1; (2) any and all allegations in Plaintiff's Second Cause of Action for Alleg...
2019.1.25 Motion for Attorney Fees 373
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2019.1.25
Excerpt: ...t they had not paid rent for the storage unit. Plaintiffs also allege that Defendant wrongfully converted the property in the storage unit. On 11/8/2018, the Court granted Defendant's unopposed motion for terminating sanctions against Hall. Defendant now seeks $26,754.35 in attorneys' fees pursuant to contract. (Civ. Code 1717.) Defendant points to the following provision in the contract which it contends entitles it to attorneys' fee...
2019.1.9 Motion to Quash Subpoena 140
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2019.1.9
Excerpt: ... as follows. The notice of motion does not comply with Code of Civil Procedure §1010 or CRC Rule 3.1110(a). Moving counsel failed to comply with CRC Rule 3.1110(b)(3)‐(4). This is a personal injury action and trial is set to commence on 1/14/2019. According to the moving papers, plaintiff in pro per served four trial subpoenas on Messrs. Zoll, Tharaldson and Manternach as well as Ms. Garcia by serving defendants' attorneys of record. Defen...
2019.1.8 Demurrers, Motion to Strike 756
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2019.1.8
Excerpt: ...follows Michaels' promotion and subsequent demotion while employed by CalPERS. She alleges that, after working as a Staff Services Manager (SSM) I for several years, she was offered an out‐of‐class assignment with CalPERS as a Data Processing Manager (DPM) II. Michaels accepted the appointment and worked as a DPM II for a term that, after being extended once, ended in February 2015. After the appointment formally ended, however, she continued...
2019.1.8 Petition to Compel Arbitration 324
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2019.1.8
Excerpt: ...ov is alleged to be Sunrise's owner, manager, alter‐ego. Plaintiff alleges that Sunrise agreed to sell the vehicle for $6,200 plus taxes and fees. Gerasnekov prepared, and Plaintiff signed the handwritten Retail Installment Sale Contract (“Handwritten RISC”). She alleges that the Handwritten RISC was not completely filled out, and Gerasnekov informed her that he needed to finalize the financing electronically. She alleges that the Handwritt...
2019.1.8 Motion to Compel Arbitration, Stay Action 628
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2019.1.8
Excerpt: ...dants Woodside Homes, Inc. and Woodside Homes of Northern California, L.P. (collectively “Defendants”) to compel arbitration is GRANTED, and the civil action is STAYED, as follows: Defendants' request that the court disregard the opposition as untimely is DENIED given the absence of prejudice. Plaintiff Alison Adkison (Plaintiff) filed this employment dispute in March 2018. Defendants contend that Plaintiff must arbitrate her legal claims aga...
2019.1.8 Motion for Summary Judgment, Adjudication 042
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2019.1.8
Excerpt: ...�Defendants”) for summary judgment or, in the alternative, summary adjudication of issues is DENIED. Defendants' request for judicial notice of the original complaint is DENIED as irrelevant. Overview This case presents an employment dispute. The plaintiff is Veronica Neal (Neal). In the first amended complaint (FAC), Neal alleges that she is a registered nurse in her 60's. She also alleges that she is disabled under the FEHA but can perform nu...
2019.1.8 Demurrer 674
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2019.1.8
Excerpt: ... *** Plaintiff/Cross‐ Defendant Nivano Physicians, Inc.'s (“Nivano”) demurrer to Defendant/Cross‐Complainant David Scribner's (“Scribner”) first amended crosscomplaint (“FACC”) is ruled upon as follows. Overview In its complaint, Nivano alleges it is a large Independent Practice Association (“IPA”). In December 2016, Nivano hired Scribner to be general counsel to Nivano Care Medical Group (“NCMG”), a medical group associat...

2492 Results

Per page

Pages