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
2022.08.31 Motion for Summary Judgment, Adjudication 244
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.08.31
Excerpt: ...�) request for judicial notice of the Court's Minute Order on Defendants' demurrer to Plaintiff's First Amended Complaint in 34‐2019‐ 00262456 is granted. A court may take judicial notice of the existence of each document in a court file, and can take judicial notice of the truth of facts asserted in documents such as orders, findings of fact and conclusions of law, and judgments." (Bach v. McNelis (1989) 207 Cal.App.3d 852, 865.) Objections ...
2022.08.31 Motion for Appointment of Counsel 146
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.08.31
Excerpt: ...m telephonically, call (833) 568‐8864 and enter the Zoom ID: 16146506749. Incarcerated plaintiff in pro per Michael L. Garcia's ("Plaintiff") Motion for Appointment of Counsel is DENIED. Plaintiff is currently incarcerated in San Quentin, California. He filed his Complaint alleging excessive use of force and cruel and unusual punishment on June 16, 2022. This case is still at the pleading stage. Plaintiff has not filed a Proof of Service of Sum...
2022.08.30 Motion to Contest Good Faith Settlement Determination 212
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.08.30
Excerpt: ...iffs Edward and Ikuko Korthof's (collectively “Plaintiffs”) purchase of commercial real property (“Property”). Plaintiffs allege that Ryker Flint and Ryker Flint Commercial, Inc. (collectively “Flint”) acted as the broker for the Seller, codefendant 1530 X STREET, LLC (“LLC). Flint later acted as Plaintiffs' agent for purposes of renting, leasing, operating and managing the property. Plaintiffs allege that Vujadin Jovic is an indivi...
2022.08.30 Motion for Protective Order to Compel Payment 576
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.08.30
Excerpt: ...ew This is a personal injury action. Pursuant to CCP §§ 2025.420, 2034.430(b) and 2034.450(a), Plaintiff moves for a protective order to compel Defendant to pay the fees of Plaintiff's expert witness, Dr. Rakesh Donthineni, whom Defendant deposed. Dr. Donthineni is a board‐certified orthopedic surgeon specializing in spinal surgery. Dr. Donthineni appeared at an August 4, 2022 for three hours. Defendant did not complete Dr. Donthineni's depos...
2022.08.30 Demurrer to FAC 664
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.08.30
Excerpt: ...let Cruze (“Vehicle”) which was manufactured and/or distributed by GM. Plaintiff received an express warranty, including, a 3‐ year/36,000‐mile express bumper to bumper warranty and a 5‐ year/100,000‐ mile powertrain warranty which, inter alia, covered the engine and transmission; and subsequently received a 10‐year/150,000‐ mile special coverage adjustment (i.e., extended warranty), which covers the water pump and/or related cool...
2022.08.25 Motion for Judgment on the Pleadings 442
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.08.25
Excerpt: ...a declaration, no later than August 17, 2022, that satisfies the requirements of Code of Civil Procedure section 439. Counsel's supplemental declaration states that a letter was sent to Defendant in pro per, Holly Tolbert (“Defendant”) that outlines Plaintiff's basis for bringing the instant motion because Defendant has not provided a phone number. (Amended declaration of Nicholas Mortl ¶2, Ex. 1.) Up until Plaintiff filed the supplemental d...
2022.08.25 Demurrer, Motion to Strike 834
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.08.25
Excerpt: ...95814. Judicial Notice Defendants and Plaintiffs Leigh Bacco‐Scribner and Matt Scribner's (“Plaintiffs”) requests 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...
2022.08.25 Motion to File SAC 120
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.08.25
Excerpt: ...not the truth of their contents. (See Professional Engineers v. Dep't of Transp. (1997) 15 Cal.4th 543, 590.) Factual Background This action was commenced on July 13, 2021 with the filing of Plaintiff's complaint. On September 27, 2021, Plaintiff filed a First Amended Complaint ("FAC") pleading five causes of action for (1) sexual harassment under Government Code § 12940(j); (2) race discrimination under Government Code § 12940(a); (3) disabili...
2022.08.24 Demurrer to FAC 122
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.08.24
Excerpt: ...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 September 1, 2022, to participate in oral argument. To appear on Zoom...
2022.08.23 Motion for Appointment of Counsel 146
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.08.23
Excerpt: ... 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 August 31, 2022, to participate in oral argument. To appear on Zoom ...
2022.08.23 Demurrer 048
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.08.23
Excerpt: ...��) First Amended Complaint (“1AC”) is ruled upon as follows. Request for Judicial Notice Defendants' request for judicial notice is GRANTED as to Exhibits C, D, E, F, G, and J, which are excerpts from the Sacramento County Zoning Code. Defendants' request for judicial notice is DENIED as to Exhibits A, B, H, and I, which are print‐outs of zoning maps and data maps from the Sacramento County GIS Map Information website. None of the exhibits...
2022.08.23 Motion for Determination of Good Faith Settlement 430
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.08.23
Excerpt: ...eph Chang, and Dharmeeka Chang alleging a single cause of action for premises liability based upon negligence, willful failure to warn, and dangerous condition of public property. Plaintiff alleges she slipped and fell on the sidewalk at 5700 S Land Park Drive in Sacramento, California. The location of Plaintiff's fall adjoins Parkside Community Church's (the “Church”) property. On February 18, 2021, the Church filed a Cross‐Complaint for e...
2022.08.23 Motion to Vacate Settlement and File FAC 368
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.08.23
Excerpt: ... is a collection action to recover the unpaid balance on a personal loan Defendant Kenneth Greer (“Defendant”) has with Plaintiff. On December 16, 2021, Plaintiff filed a notice of conditional settlement in accordance with CRC Rule 3.1385 as a result of a settlement reached with Defendant. (ROA 15.) Defendant has failed to make the required payments and Plaintiff now seeks to vacate the notice of settlement and have the matter restored to the...
2022.08.18 Motion to Strike 652
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.08.18
Excerpt: ...s follows. The Court did consider the late‐filed supplemental opposition, but it does not change the result of this ruling. The Court need not, and does not, rule on Defendants' objections to evidence submitted in support of Plaintiff's supplemental opposition since they concern evidence deemed immaterial to decision on the motion. Defendants' Request for Judicial Notice is granted. Factual and Procedural Background This case arises out of the ...
2022.08.18 Motion to Set Aside Default 530
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.08.18
Excerpt: ...nteria and Elvia Mendez‐Ortiz's (“Plaintiffs”), untimely opposition. The Court finds no prejudice in doing so has been shown; Defendant was able to file a reply thereto before the hearing date. This Court previously denied Defendant's motion to set aside default and leave to file an answer on the grounds that the declaration of Jose L. Parra submitted with the motion was lacking in facts to support relief under Code of Civil Procedure secti...
2022.08.18 Motion for Terminating Sanctions 174
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.08.18
Excerpt: ...ve ruling system as required by Local Rule 1.06(D). Counsel is ordered to notify Plaintiff's counsel immediately of the tentative ruling system and the manner to request a hearing. If moving counsel is unable to contact Plaintiff's counsel prior to hearing, moving counsel is ordered to appear at the hearing. On June 8, 2022, this Court granted Defendant's unopposed motions to compel Plaintiff Vanetta Young's (“Plaintiff”) responses to form in...
2022.08.18 Motion for Sanctions 746
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.08.18
Excerpt: ...s daughter Michelle Osborn when their Chrysler minivan was struck by a 2007 Hyundai Santa Fe ("Subject Vehicle") driven by Plaintiff Regina Wander. Plaintiffs Angela Osborn ("Ms. Osborn"), Kenneth C. Osborn ("Kenneth"), Samantha Osborn ("Samantha"), Elizabeth Osborn ("Elizabeth"), and Lucy Stem Guevara's ("Lucy")' (collectively, the "Osborn Plaintiffs") filed their action against Hyundai in August 2017 alleging that Ms. Wander's vehicle was defec...
2022.08.18 Demurrer to TAC 248
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.08.18
Excerpt: ...f action that will be addressed at the hearing. The parties are also reminded that pursuant to local court rules, only limited oral argument is permitted on law and motion matters. ** CDSS's request for judicial notice is denied as it was not relevant to the Court's ruling. Overview This action was commenced on 12/2/2019. The First Amended Complaint was filed on 2/18/2020. The Second Amended Complaint (“2AC”) was filed on 9/13/2021. The 2AC a...
2022.08.18 Motion to Vacate Default Judgment 024
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.08.18
Excerpt: ... not properly served on him pursuant to CCP §§ 473(d) and 415.20(b). This case was initiated on November 16, 2007, when Plaintiff Resurgence Financial LLC (“Plaintiff”) filed its complaint alleging that Defendant owed an outstanding credit card balance. (ROA 1.) On February 28, 2008, Plaintiff filed a Proof of Service stating that the summons and complaint had been served on Defendant via substituted service. (ROA 5.) The Proof of Service s...
2022.08.17 Motion for Summary Judgment 330
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.08.17
Excerpt: ...'s (“Decedent”) treatment in the emergency department at Methodist Hospital. Plaintiffs in pro per, Karen Newsom, and the Estate of Elean Newsom, by and through successor‐in‐interest, Karen Newson (collectively “Plaintiffs”), allege causes of action for wrongful death and survival following Decedent's death while hospitalized at Methodist Hospital. As Dignity Health points out in its supporting papers, all other named defendants have ...
2022.08.17 Motion for Interlocutory Judgment 982
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.08.17
Excerpt: ...red to notify responding parties immediately of the tentative ruling system and the manner to request a hearing. Plaintiff seeks an interlocutory order to partition the Subject Property, located at 3210 Lerwick Road, Sacramento, California 95821, assessor's parcel number 254‐0142‐007 ‐0000, by sale pursuant to Code of Civil Procedure section 872.720. Plaintiff argues partition is proper because the Subject Property is jointly owned by three...
2022.08.16 Motion for Preliminary Injunction 310
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.08.16
Excerpt: ...vely, “McAtee”). Mid Valley has been served with the Summons and Complaint, but McAtee has not. Two Declarations of Diligence were filed by Plaintiff on June 9, 2022, indicating the Sheriff attempted to personally serve McAtee on April 29, 2022, at 14771 Sutter Highland Drive, Sutter Creek, California 95685, but was informed there is a new owner at the residence and McAtee had moved to Idaho. Thus, as to McAtee, the motion is DENIED as they h...
2022.08.16 Demurrer to TAC 686
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.08.16
Excerpt: ...he Third Amended Complaint (“3AC”) is SUSTAINED without leave to amend as follows. Judicial Notice The State Defendants' request for judicial notice of the Government Claim filed by Plaintiff is granted. A court may also take judicial notice of the filing and contents of a Government Claim, but not the "truth of the claim." (Gong v. Rosemead (2014) 226 Cal.App.4th 363, 368, fn. 7.) Factual and Procedural Background This action arises from the...
2022.08.16 Motion for Summary Judgment, Adjudication 800
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.08.16
Excerpt: ...sed at the hearing and the parties should be prepared to point to specific evidence which is claimed to show the existence or nonexistence of a triable issue of material fact. *** Defendant Safeway Inc.'s motion for summary judgment or, in the alternative, summary adjudication, is ruled upon as follows. In this employment action, Plaintiff Thomas LePage alleges he was wrongfully terminated by Defendant Safeway Inc. Plaintiff filed his complaint o...
2022.08.16 Motion to Strike 588
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.08.16
Excerpt: ... items except item f, which is an email from Defendant's counsel to Plaintiff's counsel. This email is not the proper subject of judicial notice. As to the remaining items, which are documents in the Court's file in this action, judicial notice is taken only as to the existence of the documents only, not the truth of the matters asserted therein. (See Professional Engineers v. Dep't of Transp. (1997) 15 Cal.4th 543, 590 [judicial notice of findin...
2022.08.11 Motion for Interlocutory Judgment 982
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.08.11
Excerpt: ...red to notify responding parties immediately of the tentative ruling system and the manner to request a hearing. Plaintiff seeks an interlocutory order to partition the Subject Property, located at 3210 Lerwick Road, Sacramento, California 95821, assessor's parcel number 254‐0142‐007 ‐0000, by sale pursuant to Code of Civil Procedure section 872.720. Plaintiff argues partition is proper because the Subject Property is jointly owned by three...
2022.08.11 Demurrer 006
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.08.11
Excerpt: ...laint is ruled as follows. Factual Background This matter arises from Plaintiff's former employment with Defendant. Plaintiff alleges she first began working for Defendant in November 2013 and for the first eight 8 years of her employment, she received verbal praise and positive performance evaluations. (Verified Complaint ¶¶ 6‐7.) Due to the COVID‐19 pandemic, Plaintiff and other employees of Defendant began working from home. Plaintiff al...
2022.08.11 Motion to Expunge Lis Pendens, for Attorney Fees 585
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.08.11
Excerpt: ...est for attorney's fees is DENIED as follows. Defendants' request for judicial notice is GRANTED. In taking judicial notice of these documents, the court accepts the fact of their existence, not the truth of their contents. (See Professional Engineers v. Dep't of Transp. (1997) 15 Cal.4th 543, 590.) Factual Background This action involves a dispute between Plaintiff KHM Holdings, LLC (“Plaintiff”) and various defendants, including instant mov...
2022.08.11 Motion for Terminating Sanctions 028
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.08.11
Excerpt: ...or Defendant to file and serve a supplemental declaration clarifying what sanctions it is seeking. Defendant has filed a supplemental declaration and the Court rules on the unopposed motion as follows. Defendant brings the instant motion on the grounds that Plaintiff has yet to provide verified responses to Defendant's requests for production, as ordered by the Court; Plaintiff has continued to refuse to respond substantively or properly to each ...
2022.08.11 Motion for Summary Judgment, Adjudication 054
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.08.11
Excerpt: ...ed to a credit card account. Plaintiff's request for judicial notice of a federal statute and a federal regulation is GRANTED. Facts Plaintiff's complaint for common counts stems from allegations that Defendant Kamille Ford (“Defendant”) 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 1000 (the "Account"). (UMF 1, 10.) Defendant agreed to b...
2022.08.10 Motions to Strike Answer 282
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.08.10
Excerpt: ...020, attorneys for Defendants California Window Concepts, Inc., California Windows Concepts (NV), LLC, and Preferred Window Products of Nevada, LLC withdrew from representation on the basis that the entities were suspended, dissolved, and inactive, respectively. On December 8, 2021, attorneys for Defendants Preferred Window Products, Inc., Preferred Window Products of California, LLC, and Pacific West Capital Holdings, Inc. withdrew from represen...
2022.08.10 Motion to Set Aside Default, Judgment 514
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.08.10
Excerpt: ...(“OSI”), was sued as a guarantor of the loan that OSI allegedly defaulted on. (Compl. ¶¶ 5‐7.) On May 6, 2020, Plaintiff filed a proof of service indicating substituted service upon Defendant Eiseman. (ROA 14.) According to the proof of service, the server attempted personal service on March 4, 2020 at 4:59 p.m. and March 5, 2020 at 9:15 a.m. (ROA 14, p. 3.) Each attempt was unsuccessful because Defendant was “[n]ot in.” (Ibid.) The s...
2022.08.09 Motion to Compel Verification and Response, Demurrer to FAC 198
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.08.09
Excerpt: ... 32, and 38 is GRANTED. Plaintiff filed a statement of non‐opposition, which states “Plaintiff was in the process of supplementing the responses but informed Defendant's counsel that Plaintiff was having medical issues. Rather than meet and confer in good faith regarding these medical issues, Defendant filed these pre‐ emptive motions (see, Declaration of Peter F. Samuel, filed concurrently herewith.)” (ROA 35.) The Declaration of Peter F...
2022.08.09 Motion for Attorney Fees 666
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.08.09
Excerpt: ...amily Revocable Trust, and Jerome H. Sprague Family Revocable Trust (collectively “Sprague Plaintiffs”) filed two separate documents entitled “Motion to Strike”, and both were rejected by the clerk in light of several deficiencies. (ROA 62 & 64.) It is uncertain whether Sprague Plaintiffs intended their “Motions to Strike” to act as a pseudo‐opposition, which Defendants seemingly allude to in their reply brief. Nevertheless, the Cou...
2022.08.09 Demurrer to FACC 198
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.08.09
Excerpt: ...ended CrossComplaint (“FACC”), filed by Defendants and Cross‐Complainants Mitesh Patel (“Patel”) and David Kyle, D.O. (“Kyle”) ("Cross‐Complainants"). Facts and Procedural History This matter arises from a series of events, including business agreements, investments, and contracts, involving Nivano and the parties. On June 9, 2021, Nivano filed its unverified complaint against Patel and Kyle alleging causes of action for (1) Decla...
2022.08.04 Motion for Sanctions 422
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.08.04
Excerpt: ...s the incorrect address for Department 54; the correct address is 813 6th Street, Sacramento, California 95814. The notice of motion also does not provide notice of the Court's tentative ruling system, as required by Local Rule 1.06(D). Counsel for moving party is directed to contact counsel for opposing party and advise counsel of Local Rule 1.06 and the Court's tentative ruling procedure. If counsel for moving party is unable to contact counsel...
2022.08.04 Demurrer to FAC 230
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.08.04
Excerpt: ...ent Claims Analyst, Government Claims Unit re: Jeff Baoliang Zhang is GRANTED. Factual Background Background Plaintiff filed his Complaint on June 25, 2021. The Complaint alleged a litany of incidents that occurred during the course of Plaintiff's time at two state hospitals, dating back as far as 2012. Defendant demurred to the Complaint on the grounds that it failed to state facts sufficient to constitute a cause of action because Plaintiff did...
2022.08.04 Motion Contesting Renewed Good Faith Settlement Application 134
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.08.04
Excerpt: ...tiff Steave Samuel McClain ("Plaintiff") alleges that on December 16, 2019, Rodriguez collided into Vehicle 2, pushed the vehicle into the rear of De Ayon's vehicle. De Ayon's vehicle pushed forward where its front end collided into rear of Vehicle 4. The impact continued until the front end of Vehicle 5 collided into the rear of Plaintiff's vehicle. Plaintiff filed his complaint on October 15, 2020. Non‐Settling Defendants and De Ayon cross‐...
2022.08.04 Motion for Determination of Good Faith Settlement 972
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.08.04
Excerpt: ...iver Delta Joint Unified School District, Don Beno, and Laura Uslan, and Stephen Bunch (collectively "Defendants") fostered an atmosphere of rulebreaking, bullying, and sexual harassment because they allowed the harassment to continue and retaliated against Plaintiff when the harassment was reported. Plaintiff filed suit on June 12, 2017 against Defendants. The operative fifth amended complaint was filed on December 20, 2020, and asserts two caus...
2022.08.04 Motion for Final Approval Hearing 560
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.08.04
Excerpt: ...tion”). Plaintiff Spears asserted the following causes of action against Defendant: (1) unfair competition in violation of California Business and Professions Code sections 17200, et seq.; (2) failure to pay overtime wages in violation of California Labor Code section 510; (3) failure to provide accurate and itemized wage statements in violation of California Labor Code section 226; and (4) failure to provide wages at termination in violation o...
2022.08.04 Motion to Compel Responses 838
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.08.04
Excerpt: ...Voiselles served their responses by email. The 45‐day for Purplebricks to file the instant motion to compel was extended by 2 court days, pursuant to CCP §§ 1013(g), 1010.6(a)(4)(b), and 2033.290(c), making Purplebricks' deadline to file July 6, 2022. (Declaration of Loan Dao (“Dao Decl.”), ¶¶ 2 ‐4.) Purplebricks seeks an amended code‐ complaint response to form interrogatory response 17.1 from Mark and Lisa Voiselle pursuant to CCP...
2022.08.04 Motion for Summary Judgment, Adjudication 564
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.08.04
Excerpt: ...omplaint for common counts stems from allegations that Defendant Felicia Goldwire (“Defendant”) applied to Plaintiff for a personal loan and entered into a written loan agreement with Plaintiff for the account number ending in 9052 (the "Account"). (UMF 1.) Pursuant to the direction of Defendant, Plaintiff distributed the loan and financed the amount to Defendant by check to Defendant's designated bank account or to a thirdparty designee. (UM...
2022.08.04 Motion for Summary Judgment, Adjudication 608
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.08.04
Excerpt: ...unt. Facts Plaintiff's complaint for common counts stems from allegations that Defendant Francisco Alvarado Sr. (“Defendant”) 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 5386 (the "Account"). (UMF 1.) Defendant agreed to be bound by the terms and conditions set forth in the Cardmember Agreement when Defendant applied for, received or us...
2022.08.04 Motion to File Complaint 128
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.08.04
Excerpt: ...eers 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, 120‐21 [“[W]hile the existence of any document in a court file may be judicially noticed, the truth of the matters asserted in those documents, including the factual findings of the judge who was sitting as the trier of fact, is not ent...
2022.08.04 Motion to Quash Subpoenas 894
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.08.04
Excerpt: ...sponding parties immediately of the tentative ruling system and the manner to request a hearing. Factual Background This action arises out of Plaintiff's prior employment with CDCR as a psychiatrist. (Verified First Amended Complaint [“FAC”] ¶ 6.) Plaintiff's employment began in March 2010 until she was terminated on October 20, 2017. (FAC ¶ 6, 64.) Plaintiff filed the operative FAC on June 21, 2008, alleging 10 causes of action for disabil...
2022.08.04 Petition to Compel Arbitration and Stay Discovery 194
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.08.04
Excerpt: ...ident at Defendant's nursing facility. The complaint is brought by Mr. Ruff's purported heir, stepson, and successor in interest, Robert Benning (“Mr. Benning”). This matter concerns two arbitration agreements that were signed during the time Mr. Ruff resided at Defendant's facility. The first agreement was signed by Mr. Ruff on April 23, 2018. (Declaration of Ryan Canavan (“Canavan Decl.”), Ex. A.) On May 21, 2018, Mr. Ruff and Mr. Benni...
2022.08.03 Motion to Compel Amended Verified Responses to Discovery 806
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.08.03
Excerpt: ...fied Responses and Responsive Documents to Plaintiff's Request for Production of Documents, Set 3, Nos. 41 & 43 is GRANTED for the reasons stated herein. Background On September 25, 2020, Plaintiff brought this employment action under the Fair Employment and Housing Act against Defendant ‐ her employer ‐ alleging racial discrimination, retaliation, and failure to take corrective action. On January 5, 2022, Plaintiff propounded Plaintiff's Req...
2022.08.03 Motion for Approval of Class Notice 616
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.08.03
Excerpt: ...ss notice will be mailed out. The tentative ruling from May 25, 2022 is set forth below. ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ After the April 21, 2022 hearing, Judge Cadei 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 f...
2022.08.03 Motion for Summary Judgment, Adjudication 808
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.08.03
Excerpt: ...cted to notify the clerk and opposing counsel at the time of the request which of the Issues identified in the Notice of Motion and which of the Undisputed Material Facts offered by the Plaintiffs and/or the Additional Material Facts offered by Defendant 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. *...
2022.08.03 Motion to Compel Compliance with Court's Discovery Order 116
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.08.03
Excerpt: ...y Management, Inc.s' (collectively "Defendants") motion to compel compliance with the Court's discovery orders, terminating and monetary sanctions is ruled upon as follows. On September 14, 2021, the Court granted Defendants' unopposed motion to compel plaintiff Charles' attendance at deposition along with documents requests. The Court directed Plaintiff to appear at deposition no later than October 15, 2021 (unless defendants agreed to a later d...
2022.08.03 Motion to Strike 620
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.08.03
Excerpt: ...is”) (collectively “Defendants”) motion to strike portions of Plaintiff's second amended complaint (“SAC”) is ruled upon as follows. This is a personal injury action arising from a car accident. Plaintiff alleges that Davis was driving her vehicle in an intoxicated state. As Defendant Davis rapidly approached and began to pass Plaintiff's vehicle, due to her intoxication Davis failed to keep her vehicle in her lane, erratically turning ...
2022.08.03 Motion to Compel Production of Docs 886
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.08.03
Excerpt: ...ce and Related Documents is DENIED for the reasons stated herein. Background On June 3, 2021, Plaintiff filed this personal injury action arising out of a car accident from 2019 where Defendant Charles Peter Hershey, while working for Defendant O'Reilly Automotive Stores, Inc., rear‐ended Plaintiff's car. (Compl., p. 4.) On March 30, 2022, Plaintiff served its Request for Production of Documents, Set Two, upon Defendants. (Mot., p. 4:2‐3.) It...
2022.08.02 Motions to Compel Responses 594
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.08.02
Excerpt: ...s, set one (Item 9). Each motion is essentially identical and is accompanied by a request for monetary sanctions of $960. Given the significant overlap between the three motions, the Court rules upon each motion and sanctions request in one combined ruling. All three motions to compel are GRANTED. All three requests for sanctions are DENIED. As an initial matter, Defendant has indicated the incorrect address in its notice for each motion. The cor...
2022.08.02 Motion for Terminating Sanctions 346
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.08.02
Excerpt: ...583.410. The Court rules as follows. Background In this personal injury matter, Plaintiff alleges he was injured while riding his bicycle when Defendant Lloyd struck him with a car door as she exited her Lyft ride. (Mico Decl. ¶ 2.) Plaintiff filed his Complaint on May 13, 2019 through his attorney at the time. (ROA # 1.) Since approximately August 14, 2019, Plaintiff has been selfrepresented. (ROA # 11.) This motion is Defendant's third motion ...
2022.08.02 Motion for Enforce Judgment 830
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.08.02
Excerpt: ...pon defense counsel at 4815 Laguna Park Dr., Suite C, Elk Grove, California 95758. The latest address for defense counsel in the Court's file indicates defense counsel's office is located at 4815 Laguna Park Dr., Suite B‐3, Elk Grove, California 95758. If Plaintiff provides proof at or prior to the hearing that defense counsel presently occupies Suite C where the moving papers were served, the Court rules as follows. If such proof is not provid...
2022.08.02 Motion for Approval of PAGA Settlement 792
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.08.02
Excerpt: ... tasked with providing emergency roadside assistance to motorists by delivering fuel, jumpstarting batteries, and performing tire changes. (Young Decl. ¶ 2.) Plaintiff filed the operative first amended complaint (“FAC”) against Defendants Allstate Insurance Company, Signature Motor Club of California, Inc., and Allstate Motor Club, Inc. (collectively “Defendants”) on August 13, 2019. (Young Decl. ¶¶ 4‐5; ROA # 38.) The FAC alleges th...
2022.07.21 Motion to Strike 638
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.07.21
Excerpt: ...11.) Plaintiff alleges that she was injured when Defendant, who was under the influence of alcohol, collided with the back of Plaintiff's car. The FAC alleges that Plaintiff was driving southbound on State Route 65 and was slowing down due to stopped traffic ahead while in the City of Rocklin. (FAC ¶ XXIV.) Defendant was also driving her car southbound on State Route 65 in the same lane as Plaintiff and was “traveling at an unsafe speed for pr...
2022.07.21 Motion to Compel Deposition Attendance 364
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.07.21
Excerpt: ...e Rover LR4 ("Vehicle"). Express warranties accompanied the sale of the Vehicle to Plaintiff by which Defendant undertook to preserve or maintain the utility or performance of the Vehicle or to provide compensation if there was a failure in such utility or performance. Plaintiff alleges that the vehicle was delivered to Plaintiff with serious defects and nonconformities to warranty and developed other serious defects and nonconformities to warran...
2022.07.21 Application for Relief from Demand for Payment of Interest 386
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.07.21
Excerpt: ...nce Code section 1379(b) is DENIED. Requests for Judicial Notice Defendant's request for judicial notice of Matter of Jaimez (December 17, 1998) P‐B486, a decision of the California Unemployment Insurance Appeals Board, is granted. Plaintiff State of California, Employment Development Department's (“Plaintiff” or “EDD”) request for judicial notice of various orders, tentative rulings, and judgments in Brooks v. California Unemployment I...
2022.07.20 Motion for Determination of Good Faith Settlement 930
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.07.20
Excerpt: ...iff was travelling in the southbound direction and defendant was driving in the northbound lane. Both vehicles entered a dust cloud that had been stirred up by a farmer using his tractor in a field adjacent to the road. Defendant crossed over into the southbound lane and his vehicle's front impacted the front of plaintiff's vehicle.” (Complaint, ¶ GN‐1.) Plaintiff named as Doe 1, Non‐Settling Defendant PR AG Services, LLC. (“PR AG”). (...
2022.07.20 Demurrer, Motion to Strike 227
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.07.20
Excerpt: ...'s counsel is directed to contact opposing counsel forthwith to advise counsel of Department 54's correct address, Local Rule 1.06, and the Court's tentative ruling procedure. If GM's counsel is unable to contact opposing counsel prior to the hearing, GM's counsel shall be available at the hearing, in person or remotely (telephonically or by video conference via Zoom as stated in the introductory notice to today's tentative rulings), in the event...
2022.07.20 Motion to Stay Action 962
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.07.20
Excerpt: ... account, and both times Defendant returned the bill pay requests to Sprint for insufficient funds, triggering two NSF fees. The Class is defined as “all California residents who have or had a GOLDEN 1 checking account from which GOLDEN 1 assessed more than one insufficient funds ("NSF") fee for an item that GOLDEN 1 returned as unpaid at any time during the four (4) years preceding the filing of this action and up to the time when GOLDEN 1 's ...
2022.07.20 Motion to Dismiss for Failure to Prosecute 368
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.07.20
Excerpt: .... To appear on Zoom telephonically, call (833) 568‐8864 and enter the Zoom ID: 16146506749. The proofs of service accompanying this motion indicate service of the moving papers was sent to incarcerated plaintiff in pro per Sharmistha Barai (“Plaintiff”) at a Federal Medical Center located in Fort Worth, Texas, but there is no evidence in the Court's records indicating that is Plaintiff's current address. If the moving party files at or prio...
2022.07.20 Motions to Compel Further Responses 788
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.07.20
Excerpt: ...round that Defendant failed to meet and confer in good faith prior to filing the instant motion. Here, Plaintiff personally served her responses on April 27, 2022. Thus, Defendant's forty‐five (45) day deadline to file and serve a motion compel further responses expired on June 13, 2022. On May 23, 2022, Defendant sent a 34‐page meet and confer letter regarding Plaintiff's responses to special and form interrogatories and request for producti...
2022.07.19 Writ of Attachment 016
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.07.19
Excerpt: ...agement, Inc., (“BMW”) as tenant for property located at 6009 Florin Road, Sacramento, California (the “Premises”), comprised of approximately 8,000 square feet that was leased by BMW for use as a Sizzler Restaurant. (Jackson Dec. ¶¶ 3‐4, Exhs. A‐B.) Pursuant to Article J of the Lease, following Rent Commencement, BMW promised to make monthly payments for the years 1 through 5 in the amount of $16,666,67; for the years 6 through 10 ...
2022.07.19 Motion for Summary Judgment, Adjudication 846
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.07.19
Excerpt: ...cher with Defendant at Cordova Villa Elementary School. Plaintiff is African‐American and filed her operative Second Amended Complaint (“2AC”) on June 22, 2020, alleging causes of action for discrimination, harassment, and retaliation based on race. On January 20, 2021, the Court sustained without leave to amend Defendant's demurrer to Plaintiff's race harassment claim finding that, “with the exception of the watermelon ornament incident,...
2022.07.19 Motion for Summary Judgment, Adjudication 616
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.07.19
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 California Department of Public Health ("Defendant" or "CDPH") motion for summary judgment, or in the alternative, summary adjudication, against Plaintiff Johnnae M. Harkey‐Kirk (“Plaintiff”) is ruled upon as follows. I. Background This is a class...
2022.07.19 Motion for Attorney Fees 070
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.07.19
Excerpt: ...stence, 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 a court file may be judicially noticed, the truth of the matters asserted in those documents, including the factual find...
2022.07.19 Demurrer, Motion to Strike 864
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.07.19
Excerpt: ...r alleges he was misclassified as an independent contractor. VSS contends Carr agreed to settle all of his employment related claims pursuant to the parties' Labor Commissioner hearing, but has now refused to sign the Settlement Agreement and breached the parties settlement agreement, Independent Contractor Agreement (“ICA”), and Hold Harmless Agreement (“HHA”). VSS filed the original Cross‐Complaint on November 8, 2021, and the First A...
2022.07.19 Demurrer to TAC 366
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.07.19
Excerpt: ...aint (“3AXC”) is OVERRULED. Cross‐Defendant Rock Creek Oil, Inc.'s (“Rock Creek”) joinder is unopposed and granted. This action arises from a Natural Gas Purchase and Sale Agreement (“PSA”) entered into between Cross‐ Defendants and CEE. Disputes subsequently arose over a variety of matters, including, but not limited to, the construction of the pipeline facilities, the quality of the gas being produced, and Cross‐Defendants' ob...
2022.07.19 Demurrer to FAC 426
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.07.19
Excerpt: ...ows. Plaintiff filed a 177‐page opposition on July 13, 2022, only four Court days prior to the hearing. This is not the first time Plaintiff has filed an untimely opposition. While the Court, in its discretion, has considered Plaintiff's previous untimely filings, the Court declines to do so in this instance based upon Plaintiff's repeated failures to comply with deadlines and the extreme untimeliness of this opposition coupled with the oversiz...
2022.07.14 Demurrer 894
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.07.14
Excerpt: ...) Complaint is UNOPPOSED and SUSTAINED WITHOUT LEAVE TO AMEND. Defendants' Request for Judicial Notice is granted in part. The court does not take judicial notice of the truth of any matters asserted in any pleadings or other documents in the Court file. Defendant's Request for Judicial Notice of the amended declaration of Harpreet Singh is denied and also disregards the contract between the parties contained therein. Evidence Code § 452(h) allo...
2022.07.14 Motion for Attorney Fees 500
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.07.14
Excerpt: ...'s work on the earlier‐filed anti‐SLAPP motion and the present motion for attorney's fees. Pro se Plaintiffs Muhammad Younas Malik and Nazia Jabeen Iqbal (“Plaintiffs”) oppose arguing that their filing of a Notice of Appeal on June 10, 2022 effects a stay on all proceedings in this trial court pending final resolution of the appeal. Plaintiffs alternatively argue that the amount of fees requested by Defendants be reduced to a reasonable a...
2022.07.14 Motion for Extension of Time to Serve 674
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.07.14
Excerpt: ...nt shall be served upon a defendant within three years after the action is commenced against the defendant. For the purpose of this subdivision, an action is commenced at the time the complaint is filed." (Code Civ. Proc., § 583.210, subd. (a).) If service is not completed upon a party within the three years, "the action shall not be further prosecuted and no further proceedings shall be held in the action." (Code Civ. Proc., § 583.250, subd. (...
2022.07.14 Motion to Compel Deposition 972
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.07.14
Excerpt: ... Street, Sacramento, California 95814. Factual Background This case involves Plaintiffs' allegations that they endured continued sexual harassment and physical assaults while attending Delta High School. Plaintiffs allege that Defendants River Delta Joint Unified School District, Don Beno, and Laura Uslan (collectively “Defendants”) fostered an atmosphere of rule‐breaking, bullying, and sexual harassment because they allowed the harassment ...
2022.07.14 Motion for Summary Judgment, Adjudication 880
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.07.14
Excerpt: ...prepared to point to specific evidence which is claimed to show the existence or non‐existence of a triable issue of material fact. *** The Motion for Summary Judgment, or in the alternative Summary Adjudication, filed by Defendant Capital Gastroenterology Consultants Medical Group, Inc. (“Defendant”) as to Plaintiff Noel Crowl's (“Plaintiff”) complaint is DENIED as follows. This matter arises out of Plaintiff's layoff by Defendant in w...
2022.07.13 Motion to Compel Answers to Deposition Questions 228
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.07.13
Excerpt: ...l deponents Kashif Ali (“Ali”), Michael Arca (“Arca”), Michael Felder (“Felder”), Anatole Moore (“Moore”), and Preetranjan Sahota (“Sahota”) (collectively “Deponents”) to answer questions is ruled upon as follows. This is a FEHA religious and national origin discrimination, retaliation, failure to provide reasonable accommodation, and failure to engage in the interactive process action. Plaintiff alleges that he was subjec...
2022.07.13 Motion for Final Approval of Class Action Settlement 338
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.07.13
Excerpt: ...Quack Car Wash Holdings, LLC dba Quick Quack Car Wash; Quick Quack Car Wash Management, LLC; and Quick Quack Development II, LLC (collectively, “Defendants”) is UNOPPOSED and tentatively GRANTED pending the final fairness hearing to be held on this date. (Code Civ. Proc. § 382; Cal. R. Ct. 3.769.) Regardless of its disposition of the motion herein, the Court must still hold a hearing on the motion as it may involve the receipt of evidence or...
2022.07.13 Motion for Final Approval Hearing 708
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.07.13
Excerpt: ...Court is to determine whether the settlement is fair, reasonable and adequate, in light of all of the circumstances. ( California v. Levi Strauss & Co. (1986) 41 Cal.3d 460, 471; Dunk v. Ford Motor Co. (1996) 48 Cal.App.4th 1794, 1801.) The trial court has broad discretion to determine whether a proposed settlement in a class action is fair, adequate, and reasonable. ( Wershba v. Apple Computer (2001) 91 Cal.App.4th 224, 244, 245; Rebney v. Wells...
2022.07.13 Motion for Final Approval Hearing 142
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.07.13
Excerpt: ...ment, the Court is to determine whether the settlement is fair, reasonable and adequate, in light of all of the circumstances. ( California v. Levi Strauss & Co. (1986) 41 Cal.3d 460, 471; Dunk v. Ford Motor Co. (1996) 48 Cal.App.4th 1794, 1801.) The trial court has broad discretion to determine whether a proposed settlement in a class action is fair, adequate, and reasonable. ( Wershba v. Apple Computer (2001) 91 Cal.App.4th 224, 244, 245; Rebne...
2022.07.13 Demurrer, Motion to Strike 486
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.07.13
Excerpt: ...inage on Plaintiff's property, resulting in flooding (Comp. ¶ 11); removing a concrete slab which resulted in additional flooding (Comp. ¶ 12); uncapping a water well leading to well contamination (Comp. ¶ 14); using all‐terrain vehicles (“ATVs”) which damaged a shared fence and created dust (Comp. ¶¶ 16, 20); harassing behavior, including verbal threats such as yelling “Why don't you have a heart attack and die!,” “taunting Wilc...
2022.07.13 Demurrer to FAC 606
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.07.13
Excerpt: ...n matters. *** Defendant Allstate Northbrook Indemnity Co.'s (“Defendant” or "Allstate") demurrer to Plaintiff Grach Kazaryan's (“Plaintiff”) first amended complaint (“FAC”) is ruled upon as follows. Overview This is an insurance breach of contract and breach of covenant of good faith and fair dealing action. Plaintiff alleges that he has an automobile insurance policy with Defendant that includes a $100,000 limit per person for Unins...
2022.07.12 Motion for Terminating Sanctions 826
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.07.12
Excerpt: ...tions to compel Defendant's responses to written discovery. Defendant was ordered to serve verified responses to the subject discovery no later than November 24, 2021. (ROAs 13‐14.) Defendant has failed to provide responses despite multiple communications from Plaintiff's counsel, including granting an extension of time to provide the overdue responses. (Keith Decl. ¶¶ 4‐9, Exhs. 2‐5.) Plaintiff now moves for terminating sanctions based o...
2022.07.12 Motion for Reconsideration 404
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.07.12
Excerpt: ...��) motion for reconsideration of the Court's order denying the Motion to Compel Arbitration and Motion to Stay Superior Court Action is DENIED. Defendant Windsor Sacramento Estates, LLC dba Windsor Care Center of Sacramento's (“Windsor Sacramento”) joinder to this motion for reconsideration is granted. On May 17, 2022, the Court denied defendant Windsor Sacramento's Motion to Compel Arbitration and Motion to Stay Superior Court Action to whi...
2022.07.12 Motion for Terminating Sanctions 222
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.07.12
Excerpt: ... to Plaintiff's Request for Production, Set One, numbers 7, 10, 14, 23‐28, 35, 40, 50, 52‐60, 62, 64‐67, and 69‐72. MAF was ordered to produce responsive documents in its possession, custody, or control no later than November 19, 2021. (ROA 81.) Neither party contested the Court's tentative ruling, which became the Order of the Court. On November 19, 2021, MAF produced its first set of more than 20,000 documents that were responsive to th...
2022.07.12 Motion to Approve Settlement Agreement 158
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.07.12
Excerpt: ...n (“Tulyathan Decl.”) ¶ 2.) As set forth in the PAGA Notice, Plaintiff alleged that Defendant: (1) failed to provide off‐duty rest periods in violation of Labor Code § 226.7; (2) failed to provide off‐duty meal periods in violation of Labor Code §§ 226.7 and 512; (3) failed to pay all wages owed upon separation of employment in violation of Labor Code §§ 201‐203; and (4) failed to provide accurate itemized wage statements in viola...
2022.07.12 Motion to Compel Further Responses 550
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.07.12
Excerpt: ...lly and dba Afifi Law Group (“Afifi”) to provide further responses to Cross‐Defendants' special interrogatories, Set One, numbers 1‐81 is GRANTED as follows. Factual and Procedural Background This is an action for legal malpractice, breach of contract, and breach of fiduciary duties against Afifi and Samuel Swenson arising from their joint representation of Sourcis in an underlying action filed by Bravo Development Group, LLC (Bravo Devel...
2022.07.12 Motion to Dismiss for Failure to Prosecute 368
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.07.12
Excerpt: ... pro per Sharmistha Barai 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 Sharmistha Barai need not request oral argument. The Litigation Coordinator shall make Sharmistha Barai available, by Zoom telephonically, at 9:00 a.m. on the date of the continued hearing date, which will be July 20, 2...
2022.07.05 Motion to Enforce Judgment 830
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.07.05
Excerpt: ...dicates defense counsel's office is located at 4815 Laguna Park Dr., Suite B‐3, Elk Grove, California 95758. If Plaintiff provides proof at or prior to the hearing that defense counsel presently occupies Suite C where the moving papers were served, the Court rules as follows. If such proof is not provided, the matter will be dropped due to defective service. California Code of Civil Procedure § 664.6 provides: “If parties to pending litigati...
2022.07.05 Motion to Compel Further Responses 550
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.07.05
Excerpt: ...ANTED as follows. Factual and Procedural Background This is an action for legal malpractice, breach of contract, and breach of fiduciary duties against Afifi and Samuel Swenson arising from their joint representation of Sourcis in an underlying action filed by Bravo Development Group, LLC (Bravo Development Group, LLC v. Shahram Elli aka Ron Elli, et al., Sacramento County Superior Court Case No. 34‐2012‐00133552 (the “Bravo Action”)). So...
2022.07.05 Motion for Reconsideration 404
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.07.05
Excerpt: ... Defendant Windsor Sacramento Estates, LLC dba Windsor Care Center of Sacramento's (“Windsor Sacramento”) joinder to this motion for reconsideration is granted. On May 17, 2022, the Court denied defendant Windsor Sacramento's Motion to Compel Arbitration and Motion to Stay Superior Court Action to which the Windsor Corporate Defendants joined. The Court explained it would not consider the Advanced Directive submitted by Windsor Sacramento for...
2022.07.05 Motion for Final Approval of Class Action Settlement 338
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.07.05
Excerpt: ...“Defendants”) is UNOPPOSED and tentatively GRANTED pending the final fairness hearing to be held on this date. (Code Civ. Proc. § 382; Cal. R. Ct. 3.769.) Regardless of its disposition of the motion herein, the Court must still hold a hearing on the motion as it may involve the receipt of evidence or an appearance by a Class Member. Although the Court anticipates that no party will request oral argument, and while no Class Member indicated a...
2022.07.05 Application for Relief from Demand for Payment of Interest 386
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.07.05
Excerpt: ... P‐B486, a decision of the California Unemployment Insurance Appeals Board, is granted. Plaintiff State of California, Employment Development Department's (“Plaintiff” or “EDD”) request for judicial notice of various orders, tentative rulings, and judgments in Brooks v. California Unemployment Insurance Appeals Board, Sacramento County Superior Court Case No. 2020‐80003321, and California Unemployment Insurance Appeals Board Decision ...
2022.06.29 Motion to Compel Arbitration and Stay Civil Action 342
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.06.29
Excerpt: ... Center of Sacramento and Windsor Haysac Holdings, LLC's (collectively "Defendants") motion to compel arbitration and stay action is DENIED. The Court did not consider Plaintiffs' opposition which was filed on June 20, 2022 and did not include a proof of service. Nonetheless, the Court concludes that the motion should be denied even if unopposed. This is an elder abuse, negligence, wrongful death and Violation of Patient Rights action brought by ...
2022.06.28 Motion to Compel Further Responses 152
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.06.28
Excerpt: ...ent insurance application issued by the State of California, Employment Development Department (“EDD”) and the eligibility requirements set forth on the EDD's website is DENIED. The documents are not “facts and propositions that are not reasonably subject to dispute and are capable of immediate and accurate determination by resort to sources of reasonably indisputable accuracy.” “Simply because information is on the Internet does not me...
2022.06.28 Motion for Preliminary Approval of Class Action Settlement 162
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.06.28
Excerpt: ...t BP Fund A, LLC ("BP Fund A"). The Complaint alleged (1) failure to furnish accurate itemized wage statements, and (2) entitlement to penalties under the Private Attorneys General Act ("PAGA"). On or about January 8, 2021, Peterson filed a First Amended Complaint which added Plaintiff Willie Sumpter, Jr. and defendant Blaze Pizza Operation, LLC, and removed Plaintiff Peterson as a Class Representative. (ROA 16.) Defendant Blaze Pizza Operation, ...
2022.06.28 Motion for Leave to File Complaint 388
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.06.28
Excerpt: ...Background In this action, Citizens Insurance Company of America (“Citizens”) seeks declaratory relief as to Defendants' alleged duties to defend and indemnify Citizens' direct insured, David Alley, and damages and reimbursement from Defendants based on equitable subrogation, equitable indemnity, and equitable contribution arising out of the lawsuit titled Hacienda Del Rio, Inc. v. David Alley, individually and in his capacity as Trustee of t...
2022.06.23 Motion to Set Aside Default Judgment 742
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.06.23
Excerpt: ...fault judgment is void on its face. Defendant cites, inter alia, Code of Civil Procedure section 473(d) as a basis for the Court setting aside the default and default judgment. Specifically, Defendant contends that he was served with a series of documents by Plaintiff Theodore White (“Plaintiff”) on or around March 28, 2018. Plaintiff contends in opposition the documents served on Defendant included the Second Amended Complaint [“SAC”], a...
2022.06.23 Motion to Quash Service of Summons 456
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.06.23
Excerpt: ...e back seat passengers in the subject vehicle when it left the roadway and rolled over, killing Ms. Wood and injuring her son. Phoenix Kaplow filed the action individually and as Ms. Wood's Successor in Interest, by and through his Guardian ad litem, Trina Kaplow (“Plaintiff”). Plaintiff alleges that at the time of the accident, cross‐ defendant Jennifer Corrine Domingo (“Domingo”) was driving the subject vehicle, which was owned by cro...
2022.06.23 Motion to Compel Signing of Medical Authorizations 226
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.06.23
Excerpt: ...Defendant] to obtain relevant medical records, that the information sought is relevant to the subject matter involved in the pending action or is reasonably calculated to lead to the discovery of admissible evidence and is not privileged, and that the refusal or failure or both was without substantial justification.” (Notice at 2.) I. Overview This action arises from a motor vehicle accident that occurred on December 3, 2017, in Sacramento, Cal...

2492 Results

Per page

Pages