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2022.06.07 Motion for Final Approval Hearing 486
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.06.07
Excerpt: ...ht by Plaintiffs on behalf of similarly situated individuals. The operative Second Amended Complaint alleges causes of action for: (1) failure to pay overtime wages, (2) wage statement violations, (3) waiting time penalties, (4) unfair competition, (5) failure to reimburse expenses, (6) failure to pay accrued vacation, (7) meal period violations, (8) rest period violations, (9) Private Attorney Generals Act, (10) failure to pay minimum wages, and...
2022.06.07 Motion for Determination of Good Faith Settlement 310
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.06.07
Excerpt: ...wart Title of Sacramento acted as the escrow agent. (Declaration of Martin Jensen (“Jensen Decl.”) ¶ 3.) On or about January 12, 2017, Plaintiffs Mark D. Chisick, as Manager of S360 Properties, LLC, Mark D. and Denise M. Chisick, as co‐Trustees of the Chisick Family Trust, and S360 Properties, LLC (collectively “Plaintiffs”) filed a complaint in this matter naming several individual and entities, including STS Defendants. On or about J...
2022.06.02 Petition to Compel Binding Arbitration 414
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.06.02
Excerpt: ...ngs is DENIED in its entirety. In their Reply, Petitioning Defendants filed evidentiary objections to Plaintiffs' supporting declarations, the Declaration of Edward P. Dudensing and the Declaration of Terri Pappa. Petitioning Defendants object to Exhibit A (Dennis Pappa's medical records) attached to the Declaration of Edward P. Dudensing, and the subsequent references thereto. Petitioning Defendants raise objections on grounds of improper authen...
2022.06.02 Motion to Compel Signing of Release, to Compel IME 206
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.06.02
Excerpt: ...ne”) and Kaiser NorCal Medical Legal Department (“Kaiser NorCal”) (collectivley “Third Parties”) to produce records in response to subpoena is ruled upon as follows. Overview and Procedural History This action arises out of the artificial insemination of Plaintiff Patrice Grinnell (“Patrice”) by co‐defendant Dr. Herrera (“Herrera”) in 1987. (Because Plaintiffs share the same last name, the Court refers to them herein by their ...
2022.06.02 Motion to Compel Binding Arbitration 000
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.06.02
Excerpt: ...or opposing party prior to hearing, counsel for moving party shall be available at the hearing, in person or by telephone, in the event opposing party appears without following the procedures set forth in Local Rule 1.06(B). The Court notes that Defendants' Motion brief does not include a table of contents or table of authorities as required by California Rules of Court (CRC) Rule 3.1113(f). Further, Defendants' Reply brief exceeds the page limit...
2022.06.02 Motion for Sanctions 864
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.06.02
Excerpt: ...th Street, Sacramento, California 95814. Plaintiffs shall notify Defendant immediately. Defendant's Opposition was untimely filed, however the Court exercises its discretion to consider Defendant's late filed Opposition. The Court grants Plaintiffs' Request for Judicial Notice of prior pleadings, filings, and orders in this matter. In taking judicial notice of these documents, the Court accepts the fact of its existence, not the truth of its cont...
2022.06.02 Motion for Reconsideration 368
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.06.02
Excerpt: ...ion coordinator on or before the date of the scheduled hearing. The litigation coordinator shall provide the tentative ruling to Plaintiff Hendrix Moreno Montecastro within 48 hours of receiving it. The hearing date shall automatically be continued to June 2, 2022, at 9:00 a.m. in this Department for oral argument. The continuance date is an appearance required hearing so no party needs to request oral argument. The litigation coordinator shall m...
2022.06.02 Demurrer to TAC 706
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.06.02
Excerpt: ...tice of prior pleadings in this matter. In taking judicial notice of these documents, the Court accepts the fact of its existence, not the truth of its contents. (See Professional Engineers v. Dep't of Transp. (1997) 15 Cal.4th 543, 590.) “There exists a mistaken notion that this means taking judicial notice of the existence of facts asserted in every document of a court file, including pleadings and affidavits. However, a court cannot take jud...
2022.06.02 Demurrer 902
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.06.02
Excerpt: ...ams (“plaintiff”) within 48 hours of receiving it. 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 Zoom telephonically, at 9:00 a.m. on the date of the continued hearing date, which will be June 14, 2022, to participat...
2022.06.02 Anti-SLAPP Motion to Strike 666
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.06.02
Excerpt: ... the Jerome H. Sprague Family Revocable Trust, and Jerome H. Sprague, Trustor for the Jerome H. Sprague Family Revocable Trust, and Jerome H. Sprague Family Revocable Trust (collectively “Sprague Plaintiffs”) filed their Complaint alleging just one cause of action for fraud. (ROA 1.) In their Complaint, Sprague Plaintiffs name Defendant Kathrine Pittard (“Pittard”) and “new” Defendant Michael K. Sipes (“Sipes”), “an attorney hir...
2022.06.01 Motion for Sanctions 460
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.06.01
Excerpt: ...ants also seek an order prohibiting Plaintiff from submitting false statements to this Court or any Court in the future. Legal Standard An attorney or unrepresented party who files a pleading with the court certifies that the pleading has merit “to the best of the person's knowledge, information, and belief, formed after an inquiry reasonable under the circumstances.” (CCP § 128.7(b).) The person certifies that “[t]he allegations and other...
2022.06.01 Demurrer 054
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.06.01
Excerpt: ...e 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.) Plaintiff filed the verified Complaint on December 21, 2021, alleging claims for quiet title, breach of contract, conspiracy to commit fraud, fraud, and declaratory relief. Plaintiff alleges she and her late husband, Abdul Hakim Nasir (who passed away on October 27...
2022.06.01 Motion for Approval of Class Notice 616
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.06.01
Excerpt: ...ei explained, in pertinent part: "Counsel argued that [the] statu[t]e required an estimate to be provided if the costs were to be split between the parties. There is also a need for a protective order and counsel stated it would be several weeks before the draft would be completed. The Court continued the matter to 05/25/2022 at 9:00 a.m. in this department. Plaintiff is to submit the estimate of costs of noticing the class to defendant and file ...
2022.06.01 Motion to Compel Responses 542
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.06.01
Excerpt: ...serve verified further responses to each of Plaintiffs' Special Interrogatories, Set One, Numbers 10 and 12, and for sanctions is DENIED. Plaintiffs filed their Complaint on November 5, 2020, alleging claims for breach of contract, breach of the covenant of good faith and fair dealing, promissory fraud, violation of Business & Professions Code section 17200 et seq., and violation of Civil Code section 51.5. Plaintiffs allege Alta failed to pay in...
2022.06.01 Motion to Compel Arbitration and Dismiss, to File Records Under Seal 064
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.06.01
Excerpt: ...ed this action on February 3, 2022, alleging claims for breach of contract, common counts, fraud, negligence, and intentional tort, arising from Plaintiff's sale of his ophthalmology business to Nvision pursuant to the parties' June 21, 2019, Asset Purchase Agreement (the “APA”). Generally, Plaintiff allege Nvision breached the APA and made fraudulent misrepresentations thereunder. Nvision moves to compel the entire matter to arbitration base...
2022.06.01 Motion to Compel Further Discovery Responses 746
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.06.01
Excerpt: ...e forms of written discovery, each of which contemplates a separate motion. Instead of filing separate motions as to each separate form of discovery, which is preferred by the Court, Plaintiff filed a singular motion. The Court notes that separate motions are not required by the Code, but combining multiple forms of relief into one motion creates unnecessary complications for the Court in evaluating the [each] motion and is simply not the preferr...
2022.06.01 Motions for Summary Judgment, Adjudication 206
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.06.01
Excerpt: ...ative, motion for summary adjudication is ruled upon as follows. Request for Judicial Notice The parties' respective requests for judicial notice are granted. Evidentiary Objections Pursuant to Code of Civil procedure section 437c, subdivision (q), the Court only rules on the objections to evidence deemed material to its disposition of the motion. Herrera's evidentiary objections are ruled on as follows: Objection Nos. 4, 5, and 6 are overruled. ...
2022.05.31 Motion to Strike 914
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.05.31
Excerpt: .../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 Zoom or by telephone. The Court notes that while IRS filed a Notice of Motion to Strike on 4/25/2022, no corresponding memorandum of points & authorities or declaration was filed on or after that date. Instead, accordi...
2022.05.31 Motion to Compel Further Responses to Discovery 610
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.05.31
Excerpt: ...t Guardian Estate Investments, LLC's (“Guardian”) motion for an order compelling plaintiffs David Stewart (“Stewart”), Decision Detective Corporation (“Decision Detective”), and the D & H Stewart Family Limited Partnership (“Stewart FLP”) (collectively, “Plaintiffs”) to provide further, code‐compliant responses to Guardian's Requests for Production, Set One, and to compel compliance with Plaintiffs' stated agreement to produ...
2022.05.31 Motion for Summary Judgment, Adjudication 676
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.05.31
Excerpt: ...f moving defendants' seven (7) Undisputed Material Facts, which of plaintiff's own 14 Additional Material Facts, and/or which of the parties' written 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. *** Moving counsel failed to comply with CRC Rule 3.1350(b) and (h), requiri...
2022.05.31 Motion for Summary Adjudication 594
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.05.31
Excerpt: ... 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 tentative ruling procedure and the manner to request a hearing, along with the correct address for Dept. 53/54. If moving counsel is unable to contact opposing counsel prior to hearing, moving counsel is ordered to appear at the hearing by Zoom or by telephone. The notice of motion also doe...
2022.05.31 Demurrer 088
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.05.31
Excerpt: ...ically, call (833) 568‐8864 and enter the Zoom ID: 16146506749. Defendants State of California (the "State"), Governor Gavin Newsom ("Newsom"), and California Department of Corrections and Rehabilitation's ("CDCR") (collectively, "Defendants") demurrer to plaintiffs Paul Christopher ("Paul") and Carrea Christopher's ("Carrea") (collectively, "Plaintiffs") First Amended Complaint is SUSTAINED without leave to amend. Plaintiffs have filed a reque...
2022.05.31 Demurrer 028
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.05.31
Excerpt: ...nd/or causes of action discussed below will be addressed at the hearing. Counsel are also reminded that pursuant to local rules, only limited oral argument is permitted on law and motion matters. *** Factual Background This action arises from a business dispute relating to the production of metal sheets used a “top skins” for “optical tables” manufactured by Newport, a subsidiary of MKS. Plaintiff Hogan Mfg., Inc. (“Hogan”) commenced ...
2022.05.26 Motion for Judgment on the Pleadings 376
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.05.26
Excerpt: ...t James Hoblitzell IV, for the purchase of a Mini Mart. In September 2001, Defendant demanded that Plaintiffs sign a Promissory Note and Deed of Trust to secure monthly payments for the purchase. Plaintiffs allege Defendant threatened and coerced them to sign the Promissory Note and Deed of Trust. In March 2005, Defendant caused a Notice of Default to be recorded and began foreclosure proceedings. Plaintiffs initiated litigation against Defendant...
2022.05.26 Motion to Stay Claim 082
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.05.26
Excerpt: ...n with Defendant's selection to purchase Plaintiff's membership interest is GRANTED as follows. This action arises out of plaintiff Victoria J. Straine's (“Plaintiff”) claims related to the formation and management of EVS with Defendant, her brother. Plaintiff's and Defendant's father passed away in 2012, dividing his estate equally between Plaintiff and Defendant. After the assets were divided, the estate was left with approximately $4,000,0...
2022.05.25 Motion for Summary Judgment, Adjudication 958
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.05.25
Excerpt: ...y 13, 2018. The operative Second Amended Complaint (“2AC”), filed on April 15, 2019, alleges the following four causes of action against FMC and other defendants: (1) negligence, (2) trespass, (3) nuisance, and (4) strict liability ‐ ultrahazardous activity. Plaintiffs allege in or around March or April of 2017, defendant Alpine Helicopter Service, Inc. (“Alpine”) aerially applied a mixture of herbicides, including Shark EW manufactured...
2022.05.25 Motion for Summary Judgment 638
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.05.25
Excerpt: ...f plaintiff Gregory Ross' (“Plaintiff”) fractured neck and spinal cord injury, resulting in paralysis and mental and physical incapacity. Defendant moves for summary judgment on the ground Plaintiff cannot establish breach of the applicable standard of care and Defendant did not cause or contribute to Plaintiff's claimed injuries. In evaluating a motion for summary judgment the court engages in a three step process. First, the Court identifie...
2022.05.25 Motion for Reconsideration 368
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.05.25
Excerpt: ...drix Moreno Montecastro within 48 hours of receiving it. The hearing date shall automatically be continued to June 2, 2022, at 9:00 a.m. in this Department for oral argument. The continuance date is an appearance required hearing so no party needs to request oral argument. The litigation coordinator shall make Mr. Montecastro available by Zoom to participate in oral argument at 9:00 a.m. on the continued hearing date. Department 54's Zoom ID is: ...
2022.05.25 Motion for Approval of Class Notice 616
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.05.25
Excerpt: ...ated it would be several weeks before the draft would be completed. The Court continued the matter to 05/25/2022 at 9:00 a.m. in this department. Plaintiff is to submit the estimate of costs of noticing the class to defendant and file the estimate with the court. Counsel shall also prepare a protective order for signature, as it needs to be in place prior to the class notice being mailed out. There will be no further briefing allowed except on th...
2022.05.25 Demurrer 132
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.05.25
Excerpt: ...tice Defendants' request for judicial notice of the Memorandum of Understanding between DGS and JRC (the “MOU”) and the California Department of General Services' Notice of Determination (“NOD”) of an environmental impact report is granted. Although the court may take judicial notice of the existence of these documents, it cannot take judicial notice of the truth of the contents of those documents or consider the parties' interpretation o...
2022.05.25 Motion to Strike Complaint, Demurrer 144
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.05.25
Excerpt: ...“[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.” (CCP § 436, subds. (a) and (b).) Motions to strike are disfavored. Courts considering such motions must presume the allegations contained therein are true and must consider those allegations in context. (Clauson v Superior Court (1998) 67 Cal.App.4th 1253,...
2022.05.24 Motion to Dismiss for Failure to Timely Serve Summons and Complaint 000
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.05.24
Excerpt: ...f a motor vehicle accident that occurred on November 16, 2016. Plaintiff Sharon Hawkins (“Plaintiff”) filed her Complaint on November 16, 2018. Defendant has not been served with the Summons and Complaint and now moves to dismiss the action under Code of Civil Procedure section 583.210, subdivision (a). That subdivision provides: "[T]he summons and complaint shall be served upon a defendant within three years after the action is commenced aga...
2022.05.24 Motion for Summary Adjudication, to Compel Return of Privileged Materials, for Disqualification of Attorney 904
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.05.24
Excerpt: ...nd opposing counsel at the time of the request which of moving defendants' 101 Undisputed Material Facts, which of opposing plaintiff's 134 Additional Material Facts, and/or which of moving defendants' 109 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...
2022.05.24 Demurrer 930
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.05.24
Excerpt: ... that will be addressed at the hearing. Counsel are also reminded that pursuant to local rules, only limited oral argument is permitted on law and motion matters. *** Neither the White Declaration in opposition nor the Zhang Declaration in reply was not considered because such “extrinsic evidence” is beyond the limited scope of what this Court may properly consider in connection with this demurrer: Those facts properly alleged in the challeng...
2022.05.19 Demurrer to FAC 088
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.05.19
Excerpt: ...ng to PAUL CHRISTOPHER within 48 hours of receiving it. 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 PAUL CHRISTOPHER need not request oral argument. The Litigation Coordinator shall make PAUL CHRISTOPHER available, by Zoom telephonically, at 9:00 a.m. on the date of the continued hearing date, which will be May 31, 2022,...
2022.05.18 Motion for Imposition of Issue and Evidentiary Sanctions 882
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.05.18
Excerpt: ...e of discovery in this case, Ms. Bennett has repeatedly sought to depose Mr. Magby, starting in October 2021, when Ms. Bennett served Mr. Magby with a Notice of Deposition, designating a deposition date of November 8, 2021. On the day of deposition, Mr. Magby's counsel stated that he was unaware of the deposition and that Mr. Magby would not appear. Ms. Bennett promptly served a First Amended Notice of Deposition, setting a new deposition date of...
2022.05.18 Demurrer 698
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.05.18
Excerpt: ...endant In Self Storage 16, LLC dba In RC Storage South Sacramento's (“RC Storage”) demurrer to Cross‐Complainant Steven M. Vanderlick, dba Mach One Towing's (“Mach One”) Cross‐Complaint is ruled upon as follows. Overview In this action, pro per plaintiff Willis (“Willis”) alleges that he stored his 2004 Fleet Camper (“Camper”) at RC Storage's facility. Willis alleges that despite being current on his monthly payments, RC Stora...
2022.05.18 Motion to File Amended Complaint 564
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.05.18
Excerpt: ...rs. Plaintiff alleges that Marshall transferred interest of the real and personal property to her. Relying on Defendant's alleged representations, Plaintiff undertook modifications and improvements to the property with Defendant's knowledge. Thereafter, Defendant and co‐owner Kim Gavin Marshall demanded Plaintiff and her daughters vacate the property and instituted an unlawful detainer action. Plaintiff filed this action on January 6, 2022, all...
2022.05.18 Motion for Summary Judgment, Adjudication 208
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.05.18
Excerpt: ...TS Plaintiff presents the following facts in its separate statement: Defendant Benny Penrose applied to Plaintiff for a credit card account and entered into a written credit card account agreement with plaintiff for the account number ending in 6518 (the "Account"). (UMF 1, 10.) Defendant agreed to be bound by the terms and conditions set forth in the Cardmember Agreement when the defendant applied for, received or used the credit card account, w...
2022.05.18 Motion for Terminating Sanctions 702
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.05.18
Excerpt: ... enter the Zoom ID: 16146506749. Plaintiff TBF Financial I, LLC's (“Plaintiff”) motion for terminating sanctions against defendant in pro per Arnold Butler aka Arnold Devonne Butler aka Arnold Devonnea Butler (“Butler”) is UNOPPOSED and GRANTED as follows. On September 30, 2021, this Court granted Plaintiff's unopposed motion to compel responses to discovery requests and to deem matters admitted. The Court ordered Defendant to serve verif...
2022.05.18 Motion to Strike (SLAPP) 500
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.05.18
Excerpt: ...amilybased dispute between Plaintiffs Muhammad Younas Malid and Nazia Jabeen Iqbal and Ms. Iqbal's siblings, Shazia Jabeen, Moshan Iqbal, and Ashan Iqbal. The disputes between the siblings regarding their father, Zafar Iqbal, and his care and property have been ongoing for over six years in both this Court and the Yolo County Superior Court. In 2019, Defendants represented Shazia Jabeen in an already‐filed Petitioner for Conservatorship over th...
2022.05.17 Motion to Vacate Dismissal and Enter Judgment 596
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.05.17
Excerpt: ...t or orally before the court, for settlement of the case, or part thereof, the court, upon motion, may enter judgment pursuant to the terms of the settlement. If requested by the parties, the court may retain jurisdiction over the parties to enforce the settlement until performance in full of the terms of the settlement.” Thus, CCP § 664.6 allows the Court upon motion to enter judgment pursuant to the terms of a settlement where the parties st...
2022.05.17 Motion to Strike (SLAPP) 676
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.05.17
Excerpt: ...tire Complaint or, in the alternative, striking certain portions is GRANTED in part and DENIED in part as follows. Defendants' request for judicial notice is granted. Plaintiff filed a Complaint against Defendants on December 15, 2021, alleging a single cause of action for retaliation in violation of California Health & Safety Code section 1278.5, which protects healthcare workers and medical staff from retaliation for reporting unsafe patient ca...
2022.05.17 Motion to Enforce Settlement Agreement, to Compel Compliance with Settlement 194
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.05.17
Excerpt: ...rts, before” the Court rules on defendants Jennifer Kelly, Veronica Crudo, Matthew Crudo And Melissa Jimenez's (collectively “Defendants”) motion to compel Plaintiff Trap LLC's compliance with settlement agreement, which is being concurrently heard. Plaintiff states that “[i]t is expected that Plaintiff can not [sic] object to any offer of $240,000 or higher despite his ability to bid on the property. Because there was no ongoing business...
2022.05.17 Motion to Compel Compliance with Investigative Subpoenas 450
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.05.17
Excerpt: ...unsel of Local Rule 1.06 and the Court's tentative ruling procedure. If Petitioners' counsel is unable to contact Respondent's counsel prior to the hearing, Petitioners' counsel shall be available at the hearing, by Zoom as stated in the introductory NOTICE to today's Tentative Rulings, in the event Respondent's counsel appears without following the procedures set forth in Local Rule 1.06(B). Petitioners' petition for order compelling compliance ...
2022.05.17 Motion to Compel Arbitration and Stay Action 404
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.05.17
Excerpt: ...s Windsor Norcal 13 Holdings, LLC; S&F Management Company, LLC; S&F Management Company, Inc.; Lee Samson; Lawrence Feigen; and Donny Feldman's (collectively, the “Windsor Corporate Defendants”) joinder is granted. In this elder abuse action, plaintiff Katherine Felkins, individually and on behalf of her father, Donald Knestrict, as his successor‐in‐interest, allege causes of action arising out of the care Mr. Knestrict received at Windsor...
2022.05.17 Motion for Summary Judgment 168
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.05.17
Excerpt: ...ly, “Plaintiffs”) filed their form Complaint on February 9, 2021, alleging causes of action for motor vehicle (personal injury), general negligence, and loss of consortium. The Complaint alleges “Defendants owed Plaintiffs and others on the road a duty of care and breached that duty by operating vehicles in manners that caused motor vehicle collision to plaintiffs' vehicle. Defendants also violated California Vehicle Code Section 216658. Pl...
2022.05.17 Motion for Determination of Good Faith Settlement 570
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.05.17
Excerpt: ...t John Mourier Construction, Inc. (“John Mourier”) within the development commonly known as the Bishop Ranch subdivision located in Elk Grove, California (the “Subject Project”). The action has been overseen by Special Master John Riddle. Plaintiffs filed this action on June 16, 2015, against multiple defendants, including John Mourier. The operative Second Amended Complaint was filed on April 9, 2018. John Mourier filed a Cross‐Complai...
2022.05.12 Demurrer, Motion to Strike 864
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.05.12
Excerpt: ...oving counsel is directed to contact opposing counsel and advise them of Local Rule 1.06 and the Court's tentative ruling procedure and the manner to request a hearing. If moving counsel is unable to contact opposing counsel prior to the hearing, moving counsel is ordered to appear at the hearing by Zoom or telephone. VSS's opposition fails to comply with the Rules of Court which require that “[a] memorandum that exceeds 10 pages must include a...
2022.05.12 Motion for Preliminary Injunction 760
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.05.12
Excerpt: ...property located at 2601 5th Street, Sacramento, California (“Subject Property”) as a public nuisance pursuant to Civil Code sections 3479 and 3480 and Sacramento City Code chapters 8.04, 8.96, 8.100, and 15.04. (MPA, 5.) Plaintiff also requests an order that Defendants secure the Subject Property pending remedial repairs and full compliance with the Sacramento City Code. (Id., 5‐6.) Since the Court's Order on 3/2/202, Defendants Eugene Bug...
2022.05.12 Motion to Strike Answer 022
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.05.12
Excerpt: ...it appears Drake's motion is in a reality a Motion for Terminating Sanctions ‐ “Under the totality of the facts in this case, terminating sanctions under CCP 2023.030 is [sic] appropriate and Drakes request [sic] Roberts answer be stricken . . .” (Mov. P&A, ¶ 9: 2‐6.) Drake is admonished for failing to comply with the California Rules of Court regarding format of motion papers. (See Cal. Rules of Court, rules 3.1110 ‐ 3.1113.) FACTS: O...
2022.05.12 Motion for Protective Order 498
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.05.12
Excerpt: ...r Defendant Simons could not locate him, despite multiple voice messages, emails, and hiring an investigative analyst. (Ibid.) On May 27, 2021, Plaintiffs filed their Complaint alleging a cause of action for motor vehicle/negligence. (ROA 1.) On June 18, 2021, Plaintiffs filed a First Amended Complaint (“FAC”). (ROA 8.) On September 27, 2021, Defendant Simons answered the FAC. (ROA 12.) On October 25, 2021, Plaintiffs propounded and served Fo...
2022.05.11 Motion to Strike, Demurrer 856
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.05.11
Excerpt: ... collectively) filed their Complaint against Defendants. According to the Complaint, Plaintiffs were tenants of a unit (the Premises) at a multiresidential property (the Property) located in Sacramento that Defendants owned, controlled, or managed during the relevant period of time. (Complaint, ¶¶ 2, 6.) Plaintiffs entered a residential lease agreement for the Premises with Defendants around January 2018. (Id., ¶ 15.) The Property is located...
2022.05.11 Motion to Compel Compliance with Court's Discovery 116
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.05.11
Excerpt: ... Defendants' unopposed motion to compel Plaintiff Brett Charles' ("Plaintiff") attendance at deposition along with the documents requested. (ROA 87.) The Court ordered Plaintiff to appear for deposition and submit to examination along with the documents requested no later than October 15, 2021 unless Defendants agreed to a later date memorialized in writing. (Ibid.) The Court ordered the parties to “meet‐and‐confer in an attempt to find a m...
2022.05.11 Motion for Attorney Fees 534
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.05.11
Excerpt: ... §§ 12900et seq.) On March 29, 2022, Plaintiff filed a Notice of Conditional Settlement. On March 10, 2022, Plaintiff accepted Defendant's CCP § 998 Offer, which provides for payment of $50,000.01 in return for a dismissal with prejudice, “exclusive of any and all recoverable attorney's fees and costs.” (Allen Dec., Exh. A.) Plaintiff now seeks attorneys' fees and costs pursuant to Government Code section 12965 in the amount of $23,695 (re...
2022.05.11 Motion for Approval of PAGA Settlement 472
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.05.11
Excerpt: ...unsel and advise him/her of Local Rule 1.06 and the Court's tentative ruling procedure and the manner to request a hearing. Moving counsel is also ordered to be available at the hearing in the event Defendant appears without following the procedures set forth in Local Rule 1.06(B). Background The underlying action is a representative action under PAGA based on alleged violations of the Labor Code and Industrial Welfare Commission Order No. 4‐20...
2022.05.10 Demurrer 762
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.05.10
Excerpt: ... California 95814. Defendant shall notify Plaintiff immediately. This is an employment class action. Defendant employed Plaintiff as an hourly, nonexempt employee from approximately May 2019 to February 2020. (Compl. ¶ 18.) On November 3, 2021, Plaintiff filed his Class Action Complaint alleging various violations of the Labor Code and the California Business and Professions Code. These include claims for unpaid overtime, unpaid meal period prem...
2022.05.10 Demurrer 426
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.05.10
Excerpt: ... violations of the Patient's/Resident's Bill of Rights brought by plaintiff Kara Hagstrom, by and through her Guardian ad Litem, Wesley Hagstrom (“Plaintiff” or “Kara”). Plaintiff is a bedbound, non‐verbal, developmentally disabled adult. Plaintiff filed the Second Amended Complaint (“2AC”) on January 30, 2020, naming Alta as a defendant. Alta's demurrer to the 2AC was sustained with leave to amend on September 3, 2020. (ROA 144.) P...
2022.05.10 Motion to Compel IME 032
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.05.10
Excerpt: ...result of the collision, Plaintiff alleges personal injuries. Plaintiff filed her Complaint for negligence on June 22, 2020. Plaintiff is claiming injury to her left and right shoulders, neck, and upper and lower back. (Fleming Decl. ¶ 5, Exh. B (Plaintiff's Depo. at pp. 131:21‐133:24, 134:11‐19).) Plaintiff's discovery responses indicate that as of September 10, 2020, she continued to have left shoulder pain. Plaintiff underwent left should...
2022.05.10 Motion to Compel Responses to Discovery 769
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.05.10
Excerpt: ...uest for judicial notice is granted. In taking judicial notice of these documents, the Court accepts the fact of their existence, not the truth of their contents. (See Professional Engineers v. Dep't of Transp. (1997) 15 Cal.4th 543, 590 [judicial notice of findings of fact does not mean that those findings of fact are true]; Steed v. Department of Consumer Affairs (2012) 204 Cal.App.4th 112, 120‐121 [“[W]hile the existence of any document in...
2022.05.10 Motion to File Amended Complaint 448
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.05.10
Excerpt: ...ed upon defective service. Plaintiff filed his Complaint on August 24, 2018, alleging claims for violation of Civil Code sections 51 and 51.7, conversion, intentional infliction of emotional distress, Consumer Legal Remedies Act, and injunctive relief. Plaintiff now seeks to add causes of action for fraud, negligence, and violations of the Song‐Beverly Consumer Warranty Act, and to remove the claim for injunctive relief. Plaintiff contends the ...
2022.05.05 Motion to Quash Subpoena 326
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.05.05
Excerpt: ...investment scheme. On or about February 15, 2022, Plaintiff served a deposition subpoena for production of business records on Bank of America, N.A. (Declaration of Ray Guanill, Jr. (“Guanill, Jr. Decl.”), Ex. A.) The subpoena stated: “FOR EACH AND EVERY ACCOUNT, INCLUDING CHECKING, SAVINGS, OR ANY OTHER ACCOUNT IN ANY FORM, HELD, OR EVER HELD, BY A CALIFORNIA BASED LIMITED LIABILITY COMPANY IDENTIFIED AS: (I) "R & S REI LLC" AND/OR (2) R &...
2022.05.05 Motion for Summary Judgment, Adjudication 408
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.05.05
Excerpt: ...essed 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 Department of General Services (“DGS”) motion for summary judgment, or in the alternative, summary adjudication, is ruled upon as follows. I. Overview This action arises from a construction and leasing agreement between DGS and Plaintiff, CHP Facility...
2022.05.05 Demurrer to SAC 482
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.05.05
Excerpt: ...ment is permitted on law and motion matters. *** Defendants Northland Group, Inc. (“Northland”), LVNV Funding, LLC (“LVNV”) and Resurgent Capital Services, L.P.'s (“Resurgent”) (collectively “Defendants”) demurrer to Plaintiff Marianne Lourick's (“Lourick”) second amended complaint (“SAC”) is ruled upon as follows. The Court, in its discretion, will consider Defendants' memorandum of points and authorities although it exce...
2022.05.05 Demurrer to SAC 282
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.05.05
Excerpt: ...il December 2019. Plaintiff was a Data Processing Manager I in the Technology Division. She was not a badged officer. Plaintiff alleges that after Tillman learned Plaintiff was getting a divorce, he began to urgently and immediately pursue her. They entered into a consensual relationship, but Tillman began physically abusing and controlling Plaintiff. Tillman's abuse escalated when Plaintiff attempted to end the relationship beginning in late 201...
2022.05.04 Motion to File SAC, to Strike Punitive Damages 620
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.05.04
Excerpt: ...cedure [sic]…” However, Emergency Rule 12 authorizing service by email was repealed by the Judicial Council effective 11/13/2020. Ordinarily, such defective service would deprive the Court of jurisdiction to entertain this motion but the opposition failed to timely object to the defective service, thereby waiving the defect. Regardless, the present motion to amend fails to comply with the mandatory provisions of CRC Rule 3.1324(a)(2) and (3) ...
2022.05.04 Motion to Compel Arbitration 992
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.05.04
Excerpt: ...ourt's tentative ruling system, as required by Local Rule 1.06. Moving 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 Zoom or by telephone. Factual Background This action commenced on 10/19/2021 arises o...
2022.05.04 Motion for Summary Judgment, Adjudication 412
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.05.04
Excerpt: ...ant's 140 Undisputed Material Facts, which of plaintiff's own 104 Additional Material Facts, and/or which of the parties' written 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. *** Both defendant's and plaintiff's counsel included in their respective separate statements a ...
2022.05.04 Motion for Attorney Fees 494
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.05.04
Excerpt: ...urt'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 Zoom or by telephone. Factual Background This action was commenced on 9/24/2021 to prevent the foreclosure sale of plaintiffs' home, which was then set for 10/8/2021. The sole named defendant is Rushmore Loan Management Services (“RLMS”), which beg...
2022.05.03 Motion for Summary Judgment, Adjudication 498
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.05.03
Excerpt: ...udicial notice of the Court's Order denying plaintiff Scott Buchanan's (“Buchanan”) motion for summary adjudication dated February 22, 2021 is granted. Admiral's request for judicial notice submitted on reply of the same Order is also granted. Admiral's Material Facts Sacramento Spine filed this action against Admiral, its professional liability insurer, claiming Admiral wrongfully refused to defend and indemnify it against a lawsuit brought ...
2022.05.03 Motion for Reconsideration 972
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.05.03
Excerpt: ...ely “Plaintiffs”). Plaintiffs filed their complaint on September 23, 2021. On February 4, 2022, Defendant filed a motion to compel Plaintiffs' individual claims to arbitration. (ROA 10.) Defendant supported the motion with the Declaration of John Cassidy (“Cassidy”), Defendant's Chief Financial Officer. Plaintiffs filed their opposition on March 2, 2022. Plaintiffs disputed that they electronically signed the arbitration agreement, and ob...
2022.05.03 Demurrer 184
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.05.03
Excerpt: ...e of motion. The correct address for Department 54 of the Sacramento County Superior Court is 813 6th Street, Sacramento, California 95814. Defendants shall notify Plaintiff immediately. Request for Judicial Notice Defendants' request for judicial notice of the Employment Agreement between Plaintiff and California Northstate is granted. Plaintiff alleges his former employment with California Northstate was governed by an employment agreement, but...
2022.05.03 Motion to File SAC 968
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.05.03
Excerpt: ...ence related to repetitive injuries to her arm in 2016. She returned to work in September 2016 and resumed full‐time duties in December 2016. In October 2017, she was given a verbal warning, memorialized in writing, for violations of Defendant's time‐card policies. She was subsequently given a written corrective notice for time card violations in January 2018. Plaintiff requested a grievance hearing to contest the discipline. Sometime after t...
2022.05.03 OSC Re Contempt 506
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.05.03
Excerpt: ...e (“OSC”) re contempt and an OSC re sanctions against plaintiffs Elijah D. Matoza and Katie Vick (collectively, “Plaintiffs”) is DENIED. On September 21, 2021, this Court granted Defendants' motions to compel Plaintiffs to serve further responses to Defendants' special interrogatories and requests for production. Plaintiffs were ordered to serve verified further responses no later than October 8, 2021, and to pay monetary sanctions in the...
2022.05.03 Petition to Compel Class Arbitration 218
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.05.03
Excerpt: ...rked for Respondent as an hourly, non‐exempt employee from May 11, 2020, to August 9, 2020. When Petitioner applied for the job, the employment application he filled out contained an arbitration provision. (Gonzalez Decl. ¶ 3, Exh. A (Employment Application).) The application is in Spanish, but Petitioner states the terms are not relevant to this petition because after Petitioner was hired, on or about May 11, 2020, he entered into a second ar...
2022.05.03 Motion to Stay Case 042
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.05.03
Excerpt: ... system as required by Local Rule 1.06(D). Patriot is ordered to notify Plaintiff immediately of the tentative ruling system and the manner to request a hearing. If Patriot is unable to contact Plaintiff prior to hearing, moving counsel is ordered to appear at the hearing. Patriot's request for judicial notice of various Orders staying matters issued by the San Diego County Superior Court, the Los Angeles County Superior Court, Orange County Supe...
2022.04.28 Motion to Compel Further Responses 840
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.04.28
Excerpt: .... *** Plaintiff Carolyn Carisoza‐Howard's motion to compel further responses to discovery is ruled upon as follows. This is an employment action. Plaintiff alleges FEHA race harassment and retaliation, Labor Code retaliation, failure to prevent retaliation and harassment, failure to pay minimum wages, failure to pay overtime wages, meal period liability, rest break liability, failure to provide accurate itemized wage statements, waiting time pe...
2022.04.28 Motion for Preliminary Approval of Class and Representative Action 114
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.04.28
Excerpt: ... Complaint. (2) It was also unclear how the parties determined the November 28, 2021 end date for Class Members/Class Period. (3) Plaintiff alleges that he was employed with Defendants until July 25, 2020. Thus, it appears that there is a portion of the Class Period (July 26, 2020 to November 28, 2021) where Plaintiff was no longer employed with Defendants and is not a suitable class representative for that class period. (4) Plaintiff did not inc...
2022.04.28 Demurrer to FAC 138
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.04.28
Excerpt: ...alifornia Department of Corrections and Rehabilitation (“CDCR”) and Kevin Loe's (“Loe”) demurrer to Plaintiff Christopher Hildreth's (“Plaintiff”) first amended complaint (“FAC”) is ruled upon as follows. The Court notes that Plaintiff dismissed Loe on 4/13/2022. Therefore, the Court will only address the demurrer as to CDCR. Overview Plaintiff is an employee with CDCR. In May 2020, Plaintiff was stationed to work at High Desert S...
2022.04.27 Petition to Quash Subpoena for Production of Business Records 112
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.04.27
Excerpt: ...rch 15, 2022. The caption provides the correct date. TikTok's counsel is directed to notify the interested parties of the correct hearing date. Non‐party TikTok asserts this subpoena arises from an action filed and pending in the United States Bankruptcy Court for the Middle District of Florida (the "Bankruptcy Court"). (Motion, 3.) That lawsuit concerns a Chapter 7 bankruptcy filing by debtor Faith Elyzabeth Antonio ("Antonio"). TikTok is not ...
2022.04.27 Motion for Preliminary Injunction 048
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.04.27
Excerpt: ...ceria”), (collectively “Defendants”), filed an untimely opposition on 4/15/2022. Pursuant to the Court's Order on 3/7/2022, any opposition papers were to be filed and served by 4/14/2022. (ROA 18, p. 3.) The Court will nonetheless consider the opposition in the interests of justice. Plaintiffs' timely reply is considered herein. The Court will not consider the unauthorized supplemental declaration of Gordon Egan filed on April 25, 2022. Pla...
2022.04.26 Motion to Compel Compliance with Subpoenas 038
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.04.26
Excerpt: ...ion arises from a failed personal relationship between plaintiff and defendant Bryant who had been engaged to be married. The complaint in part alleges that defendant Bryant was in September 2018 arrested after using a vehicle in an attempt to strike plaintiff and shortly thereafter, defendant Bryant and defendant Lorca conspired to seek a restraining order against plaintiff without actually serving her with notice of the hearing. According to th...
2022.04.26 Demurrer 864
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.04.26
Excerpt: ... of demurrer. The correct address for Departments 53 and 54 of the Sacramento County Superior Court (Law and Motion) is 813 6th Street, Sacramento, California 95814. Request for Judicial Notice Defendant's request for judicial notice of the following is granted: 1) That Plaintiff filed a government claim against the Defendant on September 23, 2021; 2) That Defendant issued a Notice of Untimely Claim to Plaintiff on October 6, 2021; 3) The Proof o...
2022.04.26 Motion for Summary Judgment, Adjudication 208
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.04.26
Excerpt: ...RC Rule 3.1350(g), requiring a single volume of evidence (including declarations) with a table of contents when the evidence exceeds 25 pages. Factual Background This litigation arises out of plaintiff's personal loan to defendant Mann. The complaint alleges that defendant applied for and received the loan, made payments on the loan balance but subsequently defaulted by failing to make the required minimum payments and has since refused to bring ...
2022.04.26 Motion to Compel Deposition 324
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.04.26
Excerpt: ... is alleged that both apartments suffered from various habitability issues and that defendants violated several different laws. The original complaint filed on 5/24/2021 specifically named just two defendants, Sun Valley Apartments, LLC and Dhir. Paragraph 2 expressly alleges that Sun Valley Apartments, LLC, Dhir and Does 1‐30 “owned, controlled, and/or managed the units that Plaintiffs resided in during all relevant time periods in this comp...
2022.04.26 Motion to Compel Further Discovery Responses 942
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.04.26
Excerpt: ...aring. Counsel are also reminded that pursuant to local court rules, only limited oral argument is permitted on law and motion matters. *** Defendants Segal & Associates, PC and Malcolm S. Segal's (collectively, “Defendants”) bring this motion to compel Plaintiffs East West Bank (the “Bank”) and Solar Eclipse Investment Fund XXXV's (the “Fund”) (collectively, “Plaintiffs”) further responses to form interrogatories, special interro...
2022.04.26 Motion to Dismiss 548
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.04.26
Excerpt: ...malpractice. Defendant filed motion for summary judgment on 5/26/2016 and it was subsequently granted on the first of two grounds advanced ( i.e., statute of limitations). Plaintiffs filed on 11/7/2016 an appeal which was successful and a remittitur was issued on 6/1/2018. In December 2018 defendant filed an application to extend time for selecting trial and settlement conference; this application was granted on 1/2/2019 and a Case Management Con...
2022.04.26 Motion to Strike 970
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.04.26
Excerpt: ...elephone” with the party filing the pleading that is the subject of the motion to strike. (Bold added for emphasis.) The proof of service attached to the moving papers fails to comply with Code of Civil Procedure §1013a, requiring the “exact title” of each document being served. Plaintiffs' counsel failed to comply with CRC Rule 3.1113(f). Factual Background This action arises from a contract relationship whereby was AGS to provide HVAC sy...
2022.04.14 OSC Re Petition to Compel Compliance with Investigation Subpoena Duces Tecum 768
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.04.14
Excerpt: ...tigative subpoena duces tecum for the production of papers and documents to Respondent William Bresnick, M.D. (“Respondent”). The subpoena sought the patient medical records for two patients, CB and BH, in connection with allegations of improper prescribing practices and unprofessional conduct emanating from violations from the standard of care. The subpoena was served on Respondent on August 2, 2021, and required the papers and records liste...
2022.04.14 Motion to Compel Responses 460
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.04.14
Excerpt: ... to compel pro per Plaintiff Victoria Yeager's further responses to Form Interrogatories is ruled upon as follows. Defendant moves to compel further responses to Form Interrogatory Nos. 2.5, 2.11 and 9.1.) Here, the record demonstrates that Plaintiff serve her initial responses on November 12, 2021. She served a first amended response on December 28, 2021. She served second amended response on January 11, 2022. Plaintiff opposes the motion. Timel...
2022.04.14 Motion to Compel Arbitration and Stay Complaint 042
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.04.14
Excerpt: ...s. *** If oral argument is requested, the parties must at the time oral argument is requested notify the clerk and opposing counsel of the specific issues identified below that will be addressed at the hearing. Counsel are also reminded that pursuant to local rules, only limited oral argument is permitted on law and motion matters. *** Factual Background This action arises from the fractured relationship between the Trust and Plaintiff and nomina...
2022.04.14 Motion for Summary Judgment, Adjudication 700
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.04.14
Excerpt: ... of its contents. (See Professional Engineers v. Dep't of Transp. (1997) 15 Cal.4th 543, 590.) “There exists a mistaken notion that this means taking judicial notice of the existence of facts asserted in every document of a court file, including pleadings and affidavits. However, a court cannot take judicial notice of hearsay allegations as being true, just because they are part of a court record or file. A court may take judicial notice of the...
2022.04.13 Motion to Strike 956
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.04.13
Excerpt: ...otion does not provide notice of the Court's tentative ruling system, as required by Local Rule 1.06. Moving counsel is directed to contact Plaintiffs' counsel and advise counsel of Local Rule 1.06 and the Court's tentative ruling procedure and the manner to request a hearing. If moving counsel is unable to contact Plaintiffs' counsel prior to hearing, moving counsel is ordered to appear at the hearing via Zoom or by telephone. This is a personal...
2022.04.13 Motion to Enforce Settlement 776
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.04.13
Excerpt: ...anner to request a hearing. If moving counsel is unable to contact Defendant's counsel prior to hearing, moving counsel is ordered to appear at the hearing via Zoom or by telephone. Background This is lemon law action filed by Plaintiff Bryant Suggs (“Plaintiff”) against Defendant FCA US LLC (“Defendant”). On November 23, 2021, this matter came on for scheduled trial. According to the Court's November 23, 2021 minute order (“November 23...
2022.04.13 Demurrer, Motion to Strike 056
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.04.13
Excerpt: ...prior to the hearing, GM's counsel shall be available at the hearing, by Zoom as stated in the introductory NOTICE to today's Tentative Rulings, in the event opposing counsel appears without following the procedures set forth in Local Rule 1.06(B). GM's demurrer to Plaintiff Jesus Ceja's (“Plaintiff”) sixth cause of action for fraud by omission is OVERRULED as follows. Factual Background This action arises from Plaintiff's October 10, 2019 pu...
2022.04.13 Demurrer to FAC 724
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.04.13
Excerpt: .... (“Wells Fargo”). According to the FAC, Plaintiffs are the parents of Decedent Deniece Abraham (“Decedent”). On November 27, 2019, (1) Wells Fargo negligently entrusted and permitted Malbrough, a Wells Fargo employee, to operate a Nissan Altima; (2) Wells Fargo knew or should have known that Malbrough was incompetent and unfit to operate the vehicle; (3) Wells Fargo used Malbrough as the driver of its ride‐ sharing transportation servi...
2022.04.12 Petition to Compel Arbitration 420
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.04.12
Excerpt: ...e of Motion does not provide notice of the Court's tentative ruling system, as required by Local Rule 1.06(D). FCA's counsel is directed to contact opposing counsel forthwith to advise counsel of Local Rule 1.06 and the Court's tentative ruling procedure. If FCA's counsel is unable to contact opposing counsel prior to the hearing, FCA's counsel shall be available at the hearing, by Zoom as stated in the introductory NOTICE to today's Tentative Ru...
2022.04.12 Motion to Examine Prisoner 778
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.04.12
Excerpt: ...ss in its notice of motion. The correct address for Department 54 of the Sacramento County Superior Court is 813 6th Street, Sacramento, California 95814. Plaintiff shall notify Defendants immediately. This action arises out of the 2016 death of the minor Plaintiff's father, Milton Beverly, Jr. (“Beverly”) who was at the time a prison inmate. Plaintiff's original theory of liability against defendant California Department of Corrections and R...
2022.04.12 Motion to Compel Production of Docs 946
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.04.12
Excerpt: ...ed relevant by the Court in making its ruling on the instant motion. Factual Background Plaintiff alleges claims for trespass, nuisance, assault, interference with economic advantage, and related claims arising out of Defendant Justin Capella's (“Defendant”) alleged interference with Plaintiff's property. Plaintiff is the owner of a condominium building project known as Mystique ("Project"), located at 3007 Enchanted Walk, Sacramento, Califor...
2022.04.12 Motion to Compel Further Responses 824
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.04.12
Excerpt: ...ent action arising out of Plaintiff's employment with Defendant. Plaintiff has worked as a Sheriff Officer for over 25 years and is still currently employed. He was accused of harassment in 2016 by an employee and received a Letter of Reprimand (“LOR”) that was removed two years later. Plaintiff alleges he received assurances that the LOR would not adversely affect his career, but the LOR has prevented him from promoting. Plaintiff alleges he...

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