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2492 Results

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Location: Sacramento x
Judge: Krueger, Christopher E x
2023.03.01 Demurrer to FAC, Motion to Strike FAC 062
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2023.03.01
Excerpt: ...Jerome F. Lipp, JFL LLC, and Re ReduX LLC's (collectively "Defendants") demurrer to Plaintiffs Saied Kian and Maria Kian's (collectively "Plaintiffs") first amended complaint (“FAC”) is ruled upon as follows. As an initial matter, the Court observes that the parties met and conferred via written correspondence. CCP § 430.41(a), however, provides that the parties are required to meet and confer "in person or by telephone" prior to filing the ...
2023.03.01 Demurrer to FAC, Motion to Strike FAC 062
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2023.03.01
Excerpt: ...Jerome F. Lipp, JFL LLC, and Re ReduX LLC's (collectively "Defendants") demurrer to Plaintiffs Saied Kian and Maria Kian's (collectively "Plaintiffs") first amended complaint (“FAC”) is ruled upon as follows. As an initial matter, the Court observes that the parties met and conferred via written correspondence. CCP § 430.41(a), however, provides that the parties are required to meet and confer "in person or by telephone" prior to filing the ...
2023.02.28 Motion to Strike, Demurrer 028
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2023.02.28
Excerpt: ...ncorporates that discussion into this ruling. Additional background is provided in this ruling for context. Although Jay's Mobile is a sole proprietorship and thus legally indistinct from Bryant, Plaintiff's complaint specifically names Jay's Mobile and Bryant as defendants to the breach of fiduciary duty cause of action. Moreover, the present motion to strike has been brought only by Jay's Mobile. Via this motion, Jay's Mobile seeks to strike pa...
2023.02.28 Motion to Compel Further Responses 122
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2023.02.28
Excerpt: ... Employment and Housing Act (“FEHA”); (2) age discrimination under FEHA; (3) failure to correct under FEHA; and (4) defamation. Plaintiff alleges that he was employed by Defendant for over 30 years and ultimately reached the position of Area Manager. However, on March 22, 2019, Plaintiff complained of discrimination, bullying, and harassment by Defendant's Vice President Randy Billingsly. Plaintiff alleges that the harassment and discriminati...
2023.02.28 Demurrer, Motion to Strike 368
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2023.02.28
Excerpt: ...iling of the original complaint by Plaintiffs Glenda C. Perry, by and through her successor-in-interest, Dennis E. Perry, Dennis E. Perry individually, and William M. Perry, David E. Perry, and Judith C. Ducioame, all individually. For the sake of clarity, the Court sometimes will refer to the plaintiffs by their first names. Glenda is the “elder” whose alleged abuse forms the basis of this case. Glenda is deceased and has been deceased since...
2023.02.28 Demurrer 652
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2023.02.28
Excerpt: ... Defendant on or about December 19, 2021. (SAC, ¶ 8; Exh. A.) In March of 2016, the parties renewed the lease for an additional five-year term. (SAC, ¶ 9.) In March of 2021, during discussions about renewing the lease for an additional five-year term, Plaintiff expressed to Defendant that he needed to have signage for his furniture store that he operated from the leased property. (SAC, ¶ 10.) Defendant informed Plaintiff that he would be allow...
2023.02.28 Application to Seal Record, Motion for Summary Judgment, Adjudication 072
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2023.02.28
Excerpt: ...). The complaint includes two causes of action: (1) dependent adult abuse and neglect brought by Plaintiff Ronnie Grant Sr. by and through his Successor-in-Interest, Tricia Grant, and (2) wrongful death brought by Plaintiff Tricia Grant individually. Concurrent with this motion to seal, Defendants have moved for summary judgment as to Plaintiffs' entire complaint. Via this motion, Defendants seek to file under seal Mr. Grant's medical records fro...
2023.02.23 Motion to Strike, Demurrer 826
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2023.02.23
Excerpt: ...collectively, “Plaintiffs”) Second Amended Complaint (“2AC”) is DENIED. This action arises from Plaintiffs' stay at Vince's Motel from April 2, 2017, through April 11, 2017. Plaintiffs allege that at the time of their stay the motel had a bedbug infestation and that management was aware of the problem, but failed to notify them of the presence of bedbugs in their room or remedy the problem. Plaintiffs filed this action on April 2, 2019, a...
2023.02.23 Motion for Summary Adjudication 526
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2023.02.23
Excerpt: ...wage, unpaid wages, and breach of contract against Defendants. Plaintiff seeks summary adjudication of his second cause of action against Triangle on the ground Triangle has admitted it failed to pay wages owed. Plaintiff presents the following material facts in support. Triangle employed him beginning in February of 2021 as an employee in the position of interim Chief Financial Officer. (UMFs 2, 3.) Plaintiff worked for Triangle from February 20...
2023.02.23 Motion for Protective Order 226
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2023.02.23
Excerpt: ...ed upon defective service has been waived. The notice of motion does not provide notice of the Court's tentative ruling system as required by Local Rule 1.06(D). Plaintiff is ordered to notify Defendant immediately of the tentative ruling system and the manner to request a hearing. If Plaintiff is unable to contact Defendant prior to hearing, Plaintiff is ordered to appear at the hearing. This is an employment discrimination and retaliation case ...
2023.02.23 Demurrer 386
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2023.02.23
Excerpt: ...l (833) 568-8864 and enter the Zoom ID: 16146506749. Defendants J. Lynch and A. Swinney, Jr.'s (collectively, “Defendants”) demurrer to incarcerated plaintiff in pro per Allen Hammler's (“Plaintiff”) Complaint is UNOPPOSED and SUSTAINED with leave to amend. The notice of motion does not provide notice of the Court's tentative ruling system, as required by Local Rule 1.06. Moving counsel is directed to contact Plaintiff and advise him of L...
2023.02.23 Demurrer 252
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2023.02.23
Excerpt: ... 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 Mr. Kamilchu need not request oral argument. The Litigation Coordinator shall make Mr. Kamilchu available, by Zoom telephonically, at 9:00 a.m. on the date of the continued hearing date, which will be March 7, 2023, to participate in oral argument. To appear o...
2023.02.22 Demurrer, Motion to Strike 378
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2023.02.22
Excerpt: ... Ranganath Pathak, M.D.'s (“Defendant”) demurrer to plaintiff Jane Doe's (“Plaintiff”) First Amended Complaint (“1AC”) is ruled upon as follows. Plaintiff filed her Complaint on April 15, 2022. Plaintiff filed her 1AC on September 16, 2022, alleging the following causes of action: (1) fraudulent misrepresentation; (2) sexual battery; (3) sexual harassment pursuant to Civil Code § 51.9; (4) negligent hiring, supervision, and retention...
2023.02.22 Motion to Compel Arbitration and Stay Proceedings 294
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2023.02.22
Excerpt: ...nnection with the purchase, he received an express warranty. During the warranty period, the vehicle contained or developed various defects. Plaintiff filed his complaint on August 17, 2022. NNA moves to compel arbitration pursuant to the Retail Installment Sale Contract – Simple Finance Charge (With Arbitration Provision) (“RISC”) which Plaintiff signed with the Dealer. NNA is not a signatory to the RISC. The arbitration provision provides...
2023.02.22 Motion for Summary Judgment, Adjudication 970
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2023.02.22
Excerpt: ...dressed 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 State of California Department of Corrections and Rehabilitation's (“CDCR”) motion for summary judgment, or in the alternative, summary adjudication is ruled upon as follows. CDCR fails to comply with CRC Rule 3.1110(f)(3) which requires that each pap...
2023.02.21 Motion to File Amended Answer 308
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2023.02.21
Excerpt: ... Defendants with various wage-and-hour causes of action. Defendants filed their answer through their former counsel, Larry M. Kazanjian, on June 26, 2020. (ROA 9.) On July 19, 2022, the Court granted Mr. Kazanjian's motion to withdraw as counsel for Defendants, leaving Defendants briefly unrepresented in this action. (ROA 29.) On October 31, 2022, Defendants' current counsel, Matthew R. Schoech, substituted in as counsel of record. (ROA 38.) At t...
2023.02.21 Motion to Compel Compliance 958
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2023.02.21
Excerpt: ...leges he was riding as a passenger in a RZR-type vehicle being driven by Defendant Christian Madrigal on the subject real property when the vehicle overturned and caused Plaintiff significant injuries. Plaintiff's complaint lists two causes of action: (1) premises liability and (2) general negligence. The complaint initially named as defendants Christian Madrigal, A.V. Irrevocable Settlement Trust, Cynthia Taylor, and David Taylor. Defendant A.V....
2023.02.21 Demurrer to FAC 780
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2023.02.21
Excerpt: ...opposition was due on February 6, 2023 based on the February 21, 2023 hearing date. Indeed, Defendant had filed a “reply” that was essentially a notice that no opposition was filed on February 10, 2023. (ROA 27.) The Court has considered Plaintiff's opposition in its ruling to the extent Plaintiff's arguments are applicable, despite the fact that it was untimely filed. Plaintiff filed his original complaint on June 14, 2022. (ROA 1.) He filed...
2023.02.16 Writ of Attachment 500
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2023.02.16
Excerpt: ...d Does 1 to 25 (collectively "Kamilos" or "Defendants") in the amount of $998,432 is DENIED as follows. Objections to Evidence Kamilos' objections to the Declaration of Kenneth Allred are overruled. Factual and Procedural Background On or about January 30, 2020, Plaintiff and Kamilos entered into a settlement agreement (the "Settlement Agreement"), which had an effective date of September 30, 2019, to compensate Plaintiff for unpaid services that...
2023.02.16 Motion to Strike Portions of FAC 506
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2023.02.16
Excerpt: ... Plaintiff alleges Solomone was driving under the influence and with a suspended license. The vehicle was owned by Defendant. Plaintiff filed the original Complaint on March 1, 2021, and the operative 1AC on November 30, 2022. The 1AC alleges claims for negligence against Solomone and negligent entrustment and owner liability pursuant to Vehicle Code § 17151(a) against Defendant. Plaintiff seeks an award of punitive damages. As to Defendant, Pla...
2023.02.16 Motion to Open Discovery 769
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2023.02.16
Excerpt: ... discovery into any causes of action on the grounds they are not subsumed by the Uniform Trade Secrets Act, and an order declaring that Plaintiff's “Amended Designation of Trade Secrets Pursuant to Code of Civil Procedure Section 2019.210” (“SAD”) (Plaintiff's Exh. 2) complies with § 2019.210. The notice of motion must state in writing the "grounds upon which it will be made." (Code Civ. Proc., § 1010) Only the grounds specified in the ...
2023.02.16 Motion to File TAC 046
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2023.02.16
Excerpt: ...he “Sac Metro Fire Defendants”) alleged failure to diagnose a heart attack suffered by Mr. White on March 29, 2020, after Mrs. White's 911 call, and defendant Dignity Health dba Mercy Hospital of Folsom's (“Dignity Health”) alleged failure to promptly treat said heart attack. Sacramento Metro Fire District, Mr. Kellogg, Mr. Reed, Mr. Gray, and Dignity Health shall be collectively referred to herein as “Defendants”. Plaintiffs filed th...
2023.02.16 Motion for Summary Judgment, Adjudication 458
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2023.02.16
Excerpt: ...tiff at Defendant's request. A judge must grant a motion for summary judgment if all the papers submitted show that there is no triable issue as to any material fact and that the moving party is entitled to judgment as a matter of law. (CCP § 437c, subd. (c); Mann v. Cracchiolo (1985) 38 Cal.3d 18, 35) Summary judgment is properly granted only if the moving party's evidence establishes that there is no issue of material fact to be tried. (Lipson...
2023.02.16 Motion for Summary Judgment 924
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2023.02.16
Excerpt: ...lleges Defendant breached the lease and has failed to pay the balance due thereunder. Plaintiff moves for summary judgment as to its entire case on the grounds there are no triable issues of material fact and there is sufficient evidence to entitle it to a judgment against Defendant in the amount of $33,516.50. Legal Standard A plaintiff moving for summary judgment meets its burden of showing that there is no defense to a cause of action if that ...
2023.02.16 Motion for Protective Order 604
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2023.02.16
Excerpt: ... disregarded by the Court. (City of Arcadia v. State Water Res. Control Bd., (2010) 191 Cal.App.4th 156, 180, as modified on denial of reh'g (Jan. 20, 2011).) This action arises out of an auto accident that occurred on June 20, 2018, on Riverside Boulevard in Sacramento when Plaintiff changed lanes in front of Defendant and then slammed on his brakes to avoid geese crossing the road. On December 11, 2020, Plaintiff filed the form Complaint for pe...

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