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Location: Sacramento x
Judge: Krueger, Christopher E x
2021.08.31 Motion for Leave to File FAC 584
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.08.31
Excerpt: ...g system. If moving counsel is unable to contact the opposing parties prior to hearing, moving counsel is ordered to appear at the hearing. This action arises from an alleged an assault and battery. Plaintiff filed his complaint on December 17, 2019, alleging claims for negligence per se, assault, battery, and intentional infliction of emotional distress against defendant Bryan Hart (“Hart”) and alleging claims for negligence against defendan...
2021.08.31 Demurrer 088
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.08.31
Excerpt: ... leave to amend. Paul is incarcerated and both Plaintiffs are proceeding in pro per. Plaintiffs filed the Complaint for civil rights violation, cruel and unusual punishment, negligence, and breach of duty on February 8, 2021. Paul alleges he was subjected to deliberate indifference in violation of the Eighth Amendment (cruel and unusual punishment) when attacked in prison on January 24, 2020, and that Defendants were negligent because the unnamed...
2021.08.25 Motion for Summary Adjudication 980
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.08.25
Excerpt: ...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 is August 25, 2021, to participate in oral argument. To appear on Zoom telephonically, cal...
2021.08.24 Motion to Dismiss 726
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.08.24
Excerpt: ...deral Action Plaintiff Shannon Dockery (“Plaintiff”) filed an action on March 9, 2021, in the United States District Court for the Eastern District of California, Dockery v. Frontier Communications Corp., No. 2:21‐cv‐416‐ TLN, in which she seeks to represent a nationwide class and a California statewide class (the “Federal Action”). Plaintiff's original Complaint in the Federal Action Plaintiff alleged 13 causes of action under the ...
2021.08.24 Motion for Protective Order 458
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.08.24
Excerpt: ...(“PMK”) regarding insurance provisions in the 2018 contract between WCA and CCSD. CCSD has filed a concurrent motion to compel the same depositions and request for sanctions. As the motions involve the same two depositions and substantially similar issues and arguments, the Court will address both motions in this single ruling as follows. Factual and Procedural Background This action arises out of an incident that occurred on July 14, 2018, w...
2021.08.24 Motion for Preliminary Approval of Class Action and PAGA Settlement 794
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.08.24
Excerpt: ...uality Water Management, Inc.'s and Josh Brown's (collectively, “Defendants”) purported failure to pay overtime and minimum wages, failure to provide meal and rest periods, and failure to provide accurate wage statements. Plaintiff further alleged Defendants' policies and practices resulted in unfair competition and violated PAGA. Defendants deny the allegations, but the parties have been able to reach a compromise. Settlement Class Definitio...
2021.08.24 Motion for Compliance and for Evidentiary or Issue Sanctions 778
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.08.24
Excerpt: ...mber 12.1 asked GM to identify witnesses and individuals who witnessed the "INCIDENT," made statements, or have knowledge of the "INCIDENT." GM objected, but also responded: "Other than (i) Plaintiffs, (ii) employees of the dealership(s) where the vehicle was serviced, and (iii) GM call center advisors with whom Plaintiffs may have communicated regarding the SUBJECT VEHICLE, GM is not aware of any other individuals who have information. According...
2021.08.19 Motion to File FAC 830
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.08.19
Excerpt: ... Rite Aid store located at 6661 Auburn Boulevard, Citrus Height, California. As Decedent entered the store, she was knocked to the floor by fleeing robbers of the pharmacy causing Decedent to suffer serious injuries which ultimately caused her demise. Decedent was urgently hospitalized for said injuries and died on December 2, 2017. They further allege that Defendants Thrifty Payless, Inc. d.b.a Rite Aid (“Defendant”) “had actual and/or con...
2021.08.19 Motion for Summary Judgment, Adjudication 098
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.08.19
Excerpt: ...at the hearing and the parties should be prepared to point to specific evidence which is claimed to show the existence or non‐existence of a triable issue of material fact. *** Defendant Terminix International Company Limited Partnership's (“Terminix”) motion for summary judgment, or in the alternative, summary adjudication is ruled upon as follows. Overview This action is essentially a landlord/tenant dispute due to a bed‐bug infestation...
2021.08.18 Motion for Attorney Fees 788
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.08.18
Excerpt: ... vehicle had not been involved in any collisions. Based on this representation, plaintiffs agreed to purchase the vehicle and executed a Retail Installment Sales Contract (“RISC”) pursuant to which plaintiffs made a $1,500 down payment and financed the remainder of the $11,988 purchase price plus taxes and other fees. This RISC was later assigned to Westlake Services, LLC (“WSL”). Plaintiffs subsequently discovered the vehicle had been in...
2021.08.18 Demurrer 460
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.08.18
Excerpt: ...clerk and opposing party of the specific issues and/or causes of action that will be addressed at the hearing. The parties are reminded that pursuant to local rules, only limited oral argument is permitted on law and motion matters. *** Background This action arises out of plaintiff's imprisonment following his 2003 conviction for arson, for which he was sentenced to 21 years in state prison as well as 16 months for probation violation. Plaintiff...
2021.08.17 Demurrer, Motion to Strike 652
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.08.17
Excerpt: ...d Lane, Sacramento, CA 95833 and the ARCO/AMPM gasoline station operating on the real property. Plaintiff alleges that her husband assisted her, but neither Plaintiff nor her husband were experienced in the gas station business and relied on Chandi's representations about his extensive experience in such dealings in entering the transaction. Plaintiff contributed $900,000 towards the purchase. The real property and gas station were purchased in t...
2021.08.17 Motion for Protective Order 522
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.08.17
Excerpt: ...biting his deposition until he is cleared by his treating physicians to appear for deposition. Mr. Sanders is 92 years old, suffers from hearing loss and has dementia. In the moving papers, Mr. Sanders argues he did not witness the subject accident and he was not involved in the subject accident. Mr. Sanders submitted a declaration of his physician, Chor Vang, signed under penalty of perjury that states: 3. Over the past several years, I have obs...
2021.08.17 Petition to Compel Arbitration and Stay Action 556
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.08.17
Excerpt: ...Plaintiffs allege that Defendants provided negligent pre‐natal care and failed to provide adequate care related to Night‐Naiome's delivery. At the time of Night‐Naiome's birth, Mr. and Mrs. Pearson were enrolled as members of Kaiser Foundation Health, Inc. under a group membership agreement between Kaiser and Mr. Pearson's union. When Mr. Pearson enrolled himself and his wife in the health plan, he completed an Active Plan and Special Plan ...
2021.08.17 Motion to Compel Discovery Responses 168
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.08.17
Excerpt: ...ctions filed with Plaintiffs' reply because the matters objected to were not material to the Court's determination of this motion. Overview This is a personal injury action arising out of an accident between two trucks. Hall is sued as an individual doing business as Panther Pilot Car. Hall was following one of the trucks involved in the accident performing pilot car services for the second truck. On April 30, 2021, Plaintiffs served form interro...
2021.08.12 Motion for Summary Judgment, Adjudication 786
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.08.12
Excerpt: ... and the parties should be prepared to point to specific evidence which is claimed to show the existence or non‐existence of a triable issue of material fact. *** Defendants California Department of Corrections and Rehabilitation (“CDCR”) and California Correctional Health Care Services' (“CCHCS”) (collectively “Defendants”) motion for summary judgment, or in the alternative, motion for summary adjudication is ruled upon as follows....
2021.08.12 Motion for Summary Judgment, Adjudication 400
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.08.12
Excerpt: ...ce which is claimed to show the existence or non‐existence of a triable issue of material fact. *** Defendant California Department of Corrections and Rehabilitation's (“CDCR”) motion for summary judgment, or in the alternative, summary adjudication is ruled upon as follows. The court observes that in its answer and demurrers to the second and third amended complaint, CDCR identifies itself as “Defendant, California Department of Correcti...
2021.08.12 Motion for Approval of Post Judgment Attorney Fees 436
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.08.12
Excerpt: ...ered the judgment in the amount of $60,000. (ROA 40.) Since that time, Plaintiff has engaged in efforts to enforce the judgment against Defendants. Plaintiff now seeks $185,400 in attorneys' fees and $2,119 in costs for enforcing the Judgment. Under California law, “[t]he judgment creditor is entitled to the reasonable and necessary costs of enforcing a judgment. Attorney's fees incurred in enforcing a judgment are not included in costs collect...
2021.08.12 Demurrer 718
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.08.12
Excerpt: ...elthea Moriswala, Trustees of the Moriswala Revocable Trust's (collectively “Defendants”) demurrer to Plaintiffs' complaint is ruled upon as follows. Overview This is a landlord/tenant dispute. Pro per Plaintiffs Brandon Slagle and Lynda Slagle (collectively “Plaintiffs”) allege that they leased the property from Defendants, with Defendants representing that the property had no habitability defects. The property, however, had the followin...
2021.08.11 Motion to Compel Further Responses 872
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.08.11
Excerpt: ...ed at the hearing. The parties are also reminded that pursuant to local rules, only limited oral argument is permitted on law and motion matters. *** The notice of motion does not provide notice of the Court's tentative ruling system, as required by Local Rule 1.06, and does not provide the correct address for Dept. 53/54. Moving counsel is directed to contact opposing counsel and advise him/her of Local Rule 1.06 and the Court's tentative ruling...
2021.08.11 Motion to Compel Further Responses 506
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.08.11
Excerpt: ... parties to meet‐and‐ confer in person or by telephone regarding the disputed discovery requests and responses. According to the moving papers, defendants' counsel mailed on 6/11/2021 a letter to plaintiff in pro per regarding a variety of claimed deficiencies in plaintiff's responses to certain Special Interrogatories and to Requests for Production and requesting plaintiff to provide further responses to same. However, the opposition contend...
2021.08.11 Motion for Summary Judgment 458
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.08.11
Excerpt: ...Undisputed Material Facts, plaintiffs' 59 Additional Material Facts, defendant/cross‐complainant CCSD's 71 Additional Material Facts and/or WCA's objections to evidence will be addressed at the hearing. The parties should be prepared to point to specific admissible evidence already in the record which is claimed to show the existence or non‐existence of a triable issue of material fact. *** Moving and both opposing counsel failed to comply wi...
2021.08.11 Demurrer 740
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.08.11
Excerpt: ...addressed at the hearing. Counsel are also reminded that pursuant to local rules, only limited oral argument is permitted on law and motion matters. *** Plaintiff's counsel is admonished for citing at Page 8:20 of the opposition the unpublished decision of Bennett v. City of Visalia (2002) 2002 Cal.App.Unpub Lexis 2406; 2002 WL 501515, which decision is not citable (except as permitted by CRC Rule 977(B)). Factual Background This action arises fr...
2021.08.11 Demurrer 028
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.08.11
Excerpt: ...“Plaintiff” or “Hogan”) was approached in September 2016 by CMI to manufacture sheets called “Top Skins” for CMI's customer, Newport (MKS's wholly owned subsidiary). Under the arrangement CMI would source the alloy products and Hogan would manufacture, pack and ship them to Newport. CMI and Plaintiff signed two letters of intent that recognized Plaintiff's need to purchase equipment in order to meet the desired production requested by...
2021.08.10 Demurrer 775
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.08.10
Excerpt: ...eve Brinsmead was at a bus stop designated by Defendant EGUSD waiting to be picked up and transported to school on an EGUSD bus. EGUSD provided bus transportation and Brinsmead rode bus number 169 from the Kavala Ranch bus stop in Rancho Cordova, CA to Pleasant Grove High School. Bus number 169 was scheduled to pick up Brinsmead at approximately 6:40 a.m., but Plaintiffs allege the bus failed to arrive and Brinsmead did not receive any instructio...
2021.08.10 Motion for Summary Judgment, Adjudication 740
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.08.10
Excerpt: ...appear to be directed at the declaration of a Wells Fargo employee, but Wells Fargo is not a party to this action and did not file any declarations in support of this motion. Therefore, the Court will not consider Defendant's objections. (See Hodjat v. State Farm Mut. Auto Ins. Co. (2012) 211 Cal.App.4th 1, 8‐9.) Request for Judicial Notice Plaintiff's Request for Judicial Notice is GRANTED. Defendant's Failure to File Responsive Separate State...
2021.08.10 Motion for Summary Adjudication 980
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.08.10
Excerpt: ...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 18, 2021, to participate in oral argument. To appear on Zoom telephonically, ca...
2021.07.29 Motion for Summary Judgment, Adjudication 778
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.07.29
Excerpt: ... Request for Judicial Notice submitted with its Reply is DENIED. All evidence in support of a motion must be served along with the notice of motion and points and authorities. (CCP § 1005(b).) Supplemental Declaration of Kimberly A. Worley All evidence in support of a motion must be served along with the notice of motion and points and authorities. (CCP § 1005(b).) Defendant filed a second declaration of counsel with their Reply that attached t...
2021.07.29 Motion for Summary Judgment, Adjudication 682
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.07.29
Excerpt: ...Leaf, Inc. (“TL”) is the sublessee. In November 2017, CMS Woodlake Property LLC (“CMS”), as lessor, and STDO as, lessee, entered into a written lease for the Property pursuant to a Master Lease (“Master Lease”). In December 2017, STDO, as sublessor, and TL, as sublessee, entered into a written lease (the “Sublease”) and First Addendum thereto. The Sublease incorporated by reference and is subject to the Master Lease. The Master Le...
2021.07.29 Motion for Sanctions 228
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.07.29
Excerpt: ...nopposed and which this Court granted on November 17, 2020. (ROA 31.) In that ruling, the Court ordered responses to be served by December 30, 2020. Defendant thereafter served responses, stating that it would produce documents responsive to the requests. Plaintiff contended that none of the documents were produced as promised and thereafter filed another motion to compel, which also was unopposed and was granted in part on April 22, 2021. (ROA 5...
2021.07.28 Demurrer, Motion to Stay Proceedings 756
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.07.28
Excerpt: ...l 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 arises out of plaintiff's employment with defendant. Plaintiff's complaint filed on 1/20/2021 asserts “on behalf of the State of California, as a private attorney general” a...
2021.07.27 Motion to be Relieved from RFAs 500
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.07.27
Excerpt: ... from the original April 22, 2021 hearing date but did not serve responses by the May 25, 2021 hearing date. Sewell now seeks to be relieved from the order pursuant to CCP § 2033.300(a) Sewell, then acting in propria persona at the time the discovery at issue was propounded and the prior order issued, declared that he sought the assistance of the Sacramento County Legal Aid Society regarding the requests for admissions and the motion to deem mat...
2021.07.27 Motion for Summary Adjudication 296
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.07.27
Excerpt: ... 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). Defendant Faces, Inc.'s Motion for Summary Judgment and alternative Motion for Summary Adjudication are both DENIED for the following reasons. Objections Plaintiff and Defendant did not file any objections. Facts On March 24, 2019, Plaintiff ...
2021.07.27 Motion for Preliminary Injunction, to Strike (SLAPP) 224
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.07.27
Excerpt: ...ve, California, known as Precision M.D. Cosmetic Surgery Center (“Precision”). MKI formerly owned and operated Precision. (FAC ¶ 7.). Dr. Khattab practiced medicine at Precision, but his medical license was suspended in May of 2020. Dr. DeWeese currently operates Precision. Defendant Mahmoud Ali Ibrahim was Executive Director of Precision and defendants Trinity Pankowski and Kayla Straw were registered nurses (collectively, “Defendants”)...
2021.07.27 Motion for Preliminary Injunction 944
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.07.27
Excerpt: ...iff Moore and directors/former directors of the Board of Directors, on April 24, 2021, the Board called a special meeting set for April 27, 2021 for the purpose of removing Plaintiff Moore as a director and officer of the corporation. On April 27, 2021, a vote was taken and Plaintiff Moore was removed from the board by majority vote. On May 1, 2021, the Board sent a written warning to Plaintiff Moore informing her that she had to refrain from ema...
2021.07.22 Motion to File SAC 148
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.07.22
Excerpt: ...d causes of action for breach of warranty of habitability, breach of contract, breach of the covenant of quiet enjoyment, private nuisance, premises liability, negligence, retaliation, construction eviction, and unfair business practices. Plaintiffs' attorney withdrew from this case in February of 2020 and on 6/24/2020, one of the named defendants' demurrer to plaintiffs' complaint was sustained with leave to amend no later than 7/6/2020. On 7/7/...
2021.07.21 Demurrer 342
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.07.21
Excerpt: ...dants Roman Smolevskiy, Vladyslav Rozumnyy, and dba A+ Construction Pro's (collectively “A+ Construction”) demurrer to Defendant/Cross‐Complainant Pacific Properties Group, Inc.'s (“PPG”) cross‐complaint (“XC”) is ruled upon as follows. Overview This is a personal injury action. In their first amended complaint (“FAC”), Plaintiffs Yekaterina Kucher (“Yekaterina”) and Vlad Kucher allege that PPG is the owner of property loc...
2021.07.21 Motion for Determination of Good Faith Settlement 394
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.07.21
Excerpt: ...calendar.) The Court fully incorporates herein its ruling on Plaintiff's motion for good faith settlement. (Item # 2 on today's calendar.) Overview This action involves the construction of the Hampton Inn, a four‐story hotel, and specifically a defective HVAC system known as the Daikin VRV‐II system (“VRV‐II” or “HVAC System”). Plaintiff Folsom Lodging, LLC (“Plaintiff”) alleges that it contracted with Poelman in 2007 for the ne...
2021.07.20 Motion to Set Aside Summary Adjudication 046
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.07.20
Excerpt: ... 2019. Following a fall while being “transferred,” Ms. Baker complained of severe leg pain and was taken to Kaiser Hospital where she was diagnosed with a right tibial plateau fracture. The leg was placed in a splint and Ms. Baker was given pain medication before returning to Fair Oaks Estates. The next day Ms. Baker returned to Kaiser, which noted multiple medical problems unrelated to the tibial fracture and changed her pain medication befo...
2021.07.20 Motion for Summary Adjudication 746
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.07.20
Excerpt: ...ill 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. The parties are also reminded that pursuant to local Court rules, only limited oral argument is permitted on law and motion matters. *** The notice of motion does not provide notice of the Court's tentative ruling system, as req...
2021.07.15 Motion to Set Aside 122
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.07.15
Excerpt: ...tion for writ of mandate filed in 2015, which is now on appeal. It was followed by another writ petition in 2017, which is presently stayed pending the appeal of the 2015 writ petition. The present civil action was commenced on 7/22/2019 and generally alleges that defendant Gina Carreon (“Carreon”), an employee in District's “HR” department (who obtained a judgment of dismissal in February 2021), and defendant Rittling, an attorney for th...
2021.07.15 Motion to Quash Service of Summons 634
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.07.15
Excerpt: ... subject to judicial notice. “Simply because information is on the Internet does not mean that it is not reasonably subject to dispute.” (Huitt v. Southern California Gas Co. (2010) 188 Cal.App.4th 1586, 1605, fn. 10.) Complaint Allegations and Service This lawsuit primarily involves a dispute between business partners involving a truck used for hauling cargo. Plaintiff's Complaint also stems from a single‐vehicle accident involving the sub...
2021.07.15 Motion to File FAA 710
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.07.15
Excerpt: ...f filed a verified complaint. On May 25, 2018, Plaintiff filed a verified first amended complaint for damages. On June 28, 2018, Defendant filed a verified answer. Trial is currently set for October 5, 2021. According to Defendant, the parties have conducted substantial discovery and Defendant concluded the third volume of Plaintiff's deposition on September 30, 2020. Defendant states that it learned during Plaintiff's deposition that claims brou...
2021.07.15 Motion to Enforce Court Order 282
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.07.15
Excerpt: ...the stay. The bankruptcy court has granted Plaintiff's motion for release from stay. Thus, the court may now hear the merits of the motion. The original tentative ruling from 1/12/2021 is repeated below. Defendant Scott Pierce's (“Pierce”) “motion to enforce order" is ruled upon as follows. This is an action for breach of guarantee. On 1/13/2020, the court granted Plaintiff Associate Materials, LLC's (“AML”) application for writ of atta...
2021.07.15 Motion for Summary Judgment, Adjudication 548
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.07.15
Excerpt: ...rt's consideration of the motion. (CCP § 437c(q).) Requests for Judicial Notice Defendant's Request for Judicial Notice is GRANTED pursuant to Evidence Code § 452(h). Plaintiff did not submit a Request for Judicial Notice. Reply Declaration of Alan M. Laskin All evidence in support of a motion must be served along with the notice of motion and points and authorities. (CCP § 1005(b).) Defendant filed a second declaration of counsel with their R...
2021.07.15 Motion for Protective Order 090
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.07.15
Excerpt: ...ntire Federal Insurance Company claims file regarding this matter from 01/01/2020 to the present, except for attorney client correspondence and attorney work product.” (Yuster Decl., Ex. 1 [underline emphasis added].) Following an unsuccessful meet and confer, Plaintiff filed this motion and requests that Ms. Brown be precluded from testifying and having to produce any documents in response to the deposition notice. Plaintiff argues that Ms. Br...
2021.07.14 Motion for Protective Order 470
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.07.14
Excerpt: ...rCare, LLC, Proto Equity Holdings, LLC, Terpax, Inc., SSC Carmichael Operating GP LLC, SSC LP Holdings, Inc., SSC LP Holdings II, Inc., SSC Disbursement Company, LLC, California Holdco II , LLC, SSC Equity Holdings MT LLC, Master Tenant Parent Holdco II , LLC, Admin Parent Holdco, LLC and Disbursement Parent Holdco, LLC (collectively “Jurisdictional Defendants”) motion for protective order re: financial PMQ deposition and notices related to p...
2021.07.13 Demurrer 078
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.07.13
Excerpt: ...motion matters. *** Defendant the Regents of the University of California's (“Defendant”) demurrer to Plaintiff James Jahn's first amended complaint (“FAC”) is ruled upon as follows. Overview This is an employment action. Plaintiff alleges that he was employed as an Information Systems Analyst 2 in the Information Technology Department of the UC Davis Medical Center, in Sacramento, California. (FAC, ¶ 11.) In May 2017, a coworker made a ...
2021.07.13 Motion for Attorney Fees 170
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.07.13
Excerpt: ...ce of events leading up to the filing of this lawsuit, the Court summarizes those facts here, to wit: Plaintiff alleged that Defendant had falsely claimed that he had failed to maintain hazard/homeowners' insurance and thereby created impound accounts as to certain properties, and further alleged that Defendant had improperly claimed that Plaintiff's loan payments were delinquent, reported him to credit agencies for untimely payment, and initiate...
2021.07.13 Motion for Attorney Fees 320
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.07.13
Excerpt: ...ivil Procedure § 998, Defendant FCA US LLC (“FCA US), without admitting liability, hereby offers the following: 1. In exchange for the subject vehicle and a dismissal of this action with prejudice in its entirety, the sum of $31,000; and 2. In addition, FCA US offers to pay reasonable costs, expenses and attorney's fees based on actual time expended pursuant to Civil Code § 1794(d) as stipulated by the parties or, if the parties cannot agree,...
2021.07.13 Motion for Protective Order 314
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.07.13
Excerpt: ...ked Gabi to see the books and records for HnH. Gabi performed accounting services for HnH from 2005 through 2017. In response to the request Gabi threatened to expose personal and embarrassing information about Hindy to his friends and family and to falsely tell his community that he was committing crimes like money laundering through HnH. Hindy alleges that in reality, it was Defendants Gabi, Deloris Habibeh (“Deloris”) and Blessed Family Tr...
2021.07.13 Motion for Summary Judgment 490
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.07.13
Excerpt: ...tiffs allege that Defendant committed dental malpractice against Caden by “pulling a running drill across [Caden's] cheek causing injuries.” (Complaint, ¶ 6.) Stephanie asserts a negligent infliction of emotional distress cause of action (“NIED”). She alleges that she was present when Caden was undergoing the dental treatment, that she was aware that Defendant was causing injury to Caden, and that she suffered serious emotional distress ...
2021.07.13 Motion to Tax Costs 394
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.07.13
Excerpt: ... section 1033.5 specifies which costs are “allowable” (id., subd. (a)), which are “not allowable ..., except when expressly authorized by law” (id., subd. (b)), and which may be allowed or denied in the Court's discretion (id., subd. (c)).” (Davis v. KGO‐TV, Inc. (1998) 17 Cal.4th 436, 441, superseded by statute on other grounds.) “An item not specifically allowable under subdivision (a) nor prohibited under subdivision (b) may neve...
2021.07.08 Writ of Attachment 626
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.07.08
Excerpt: ...again republishes the following tentative ruling that was originally published on June 7, 2021. Plaintiff Ethan Conrad's (“Plaintiff”) motion for right to attach order and order for issuance of writ of attachment against defendant Tamaraina Fogg (“Fogg”) is UNOPPOSED and is GRANTED as follows. This action involves a commercial lease entered into by Plaintiff and Fogg, dated August 6, 2019, for lease of certain commercial property located ...
2021.07.08 Motion for Final Approval of Class Action Settlement 950
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.07.08
Excerpt: ...and‐hour provisions. The class is defined as “All current and former non‐exempt Production employees employed by Alsco, Inc. dba Steiner Corporation in the State of California at any time from October 15, 2015 through October 25, 2020.” Defendant filed a notice of non‐opposition to the motion. In approving a class action settlement, the Court is to determine whether the settlement is fair, reasonable and adequate, in light of all of th...
2021.07.08 Demurrer 938
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.07.08
Excerpt: ...n show that the parties met and conferred via email only (Mr. Harper on February 10, 2021: “I will just meet and confer via email.”) However, the meet‐andconfer requirements of CCP § 430.41 are not optional and parties must meet and confer “in person or by telephone.” Future meet‐and‐confer efforts pursuant to CCP § 430.41(a) shall be done “in person or by telephone.” Overview The Cross‐Complaint arises out of chiropractic c...
2021.07.07 Motion to Compel Arbitration 652
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.07.07
Excerpt: ...plaint ¶¶ 9‐ 10.) On February 23, 2017, Plaintiff executed Defendant's Agreement to Mediate and Arbitrate Disputes (the “Agreement”). (Van Wagner Decl. ¶ 6, Exh. 1.) The Agreement provides Plaintiff and Defendant “both agree that any issue between Employee and Parkwest Casino Lotus, or any of its employees, agents, officers, directors or affiliates (the “Parkwest Casino Lotus Parties”) which relates to my employment with Parkwest C...
2021.07.07 Motion for Sanctions for Contempt 360
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.07.07
Excerpt: ...rsuant to CCP §§ 178, 1218(a), and 1219(a) is DENIED without prejudice as follows. This action was filed to enforce' claims of Plaintiffs (now Judgment Creditors) for unpaid wages, penalties, and other relief as authorized by law. After the defendants disregarded multiple orders of this Court, the Court struck the answers of Judgment Debtors. (ROA 170.) Following a default prove‐up hearing, Judgment was entered against the defendants, and add...
2021.07.07 Motion for Preliminary Approval of Class Action Settlement 472
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.07.07
Excerpt: ...a Mechanical, Inc. (“Defendant”) provides plumbing installation services for residential, construction, and commercial properties. Defendant employed Plaintiffs as install technicians and compensated them at a piece rate. Plaintiffs allege that they and all other install technicians and repipe installers who were paid on a piece rate basis for each job performed, were not paid for nonproductive time, such as rest breaks, drive time, and other...
2021.07.07 Demurrer 448
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.07.07
Excerpt: ...ON, Secured Party, Authorized Representative for: Eric Richard Eleson Trust J‐59564" within 48 hours of receiving it. For purposes of oral argument only, the hearing date shall be continued to July 15, 2021. The continuance date will be an appearance required hearing so that Plaintiff need not request oral argument. The litigation coordinator shall make Plaintiff available by Zoom audio (if available) to participate in oral argument at 9:00 a.m...
2021.07.06 Motion to Vacate Arbitration Award 000
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.07.06
Excerpt: ...tween Respondent, a major league baseball player, and Petitioners, his former agent. Petitioners and Respondent entered into a settlement agreement whereby Petitioners agreed to pay Respondent $1,000,000 in periodic installment payments through December 1, 2018. Petitioners failed to make all the payments and Respondent filed a grievance (“Grievance”) pursuant to the Major League Baseball Players' Association's Regulations Governing Player Ag...
2021.07.06 Motion for Attorney Fees 280
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.07.06
Excerpt: ...ing 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 July 14, 2021, to participate in oral argument. To appear on Zoom telephonically, call (888...
2021.07.06 Demurrer 290
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.07.06
Excerpt: ...ing revealed that Decedent had risk for pressure injuries, and SMCS' nursing staff created a skin integrity care plan. (Complaint, ¶ 25.) The plan indicated that SMCS' nursing staff would monitor his skin at least two times daily for redness or breakdown and report to a physician for further treatment orders in the event of any skin breakdown issues, and to reposition him at least every two‐hours. (Complaint, ¶¶ 26‐ 27.) On many occasions ...
2021.07.01 Motion to Vacate Stay and Enter Judgment 336
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.07.01
Excerpt: ...664.6. CCP § 664.6 provides: “If parties to pending litigation stipulate, in a writing signed by the parties outside the presence of the court 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...
2021.07.01 Demurrer, Motion to Strike 872
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.07.01
Excerpt: ...that Defendant Presson fraudulently induced Plaintiffs to enter into the Stock Purchase and Sale Agreement and a Consulting Agreement. Plaintiffs allege that Defendants conduct leading up to and after the stock transfer caused them harm and bring fourteen causes of action based on Defendants' alleged conduct. Analysis 1. First COA for Rescission of Stock Purchase Agreement Based on Fraud Plaintiffs allege Presson failed to disclose that the purpo...
2021.06.30 Petition to Compel Arbitration 762
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.06.30
Excerpt: ...ded Claimant's vehicle, and Mr. Tronco then fled the scene. (Nathan Decl. ¶ 2.) At the time of the accident, Claimant Montoya was driving for UBER Technologies and transporting a rider, claimant Jose De Jesus Martinez. Claimant Montoya sustained a traumatic brain injury and major injuries to his neck and back requiring ongoing treatment and future surgery. (Ibid.) Claimant Martinez was also injured. (Chryssafis Decl. ¶ 2.) Claimant Montoya and ...
2021.06.30 Motion to Compel Further Responses 432
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.06.30
Excerpt: ...ollows. This action arises from Plaintiffs' purchase of New York Life variable annuities, whole life insurance policies, and term life insurance. The operative Second Amended Complaint (“SAC”), which was filed on April 29, 2021, alleges claims for fraud, breach of fiduciary duty, professional negligence, violation of Corporations Code § 25235, and violation of California's unfair competition law, all stemming from losses Plaintiffs suffered ...
2021.06.30 Motion for Reconsideration 566
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.06.30
Excerpt: ...and Dorothy MacPhail. The MacPhails submitted an arbitration complaint pursuant to the Terms of Membership in Sacramento Association of Realtors, of which Petitioner and the MacPhails are members. Among the terms of membership in SAR is that its members agree to binding arbitration of disputes using SAR facilities and in accordance with the rules and procedures for arbitration. On January 9, 2020, the MacPhails submitted an arbitration complaint ...
2021.06.30 Motion for Protective Order, Demurrers 470
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.06.30
Excerpt: ...LC, Master Tenant Parent Holdco II , LLC, Admin Parent Holdco, LLC and Disbursement Parent Holdco, LLC (collectively “Jurisdictional Defendants”) motion for protective order re: financial PMQ deposition and notices related to personal jurisdiction is ruled upon as follows. Overview This is an elder abuse action. This matter arises from the admission of decedent Eva Harris at Mission Carmichael HealthCare Center (“Mission Carmichael”), a s...
2021.06.29 Demurrer 958
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.06.29
Excerpt: ...Defendant Corey Evan Parker's demurrer to Plaintiff Michael Razavi's first amended complaint (“FAC”) is SUSTAINED without leave to amend. Overview This is an action for legal malpractice, breach of fiduciary duty and breach of written contract. Plaintiff alleges that in May 2017, he entered into a Flat Fee Agreement with Defendant for legal service wherein Defendant agreed to represent Plaintiff on a Petition for Writ of Habeas Corpus. Plaint...
2021.06.29 Demurrer 670
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.06.29
Excerpt: ...Cyndi Nguyen (“Nguyen”) and CalFarms420, Inc.'s (“CalFarms420”) (collectively “Defendants”) demurrer to Plaintiff Thanh Duy Nguyen's (“Plaintiff”) complaint is ruled upon as follows. The court observes that Plaintiff dismissed CalFarms420 on 12/24/2020. (ROA 32.) Defendants failed to comply with CRC Rule 3.1320(e) and CCP §430.60 which requires that the “demurrer” should be captioned “as such” and that the grounds for dem...
2021.06.24 Motion for Attorney Fees 652
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.06.24
Excerpt: ...ndisclosure action concerning real property located on Stevenson Avenue in Sacramento. Plaintiff Moldovan purchased the property from defendant and thereafter sued the latter, alleging Defendant failed to disclose various issues with the property including encroachment onto the adjacent public property and several improvements completed without permits. The Complaint asserted causes of action for breach of contract and for fraud (intentional and ...
2021.06.24 Demurrer 926
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.06.24
Excerpt: ...g. The parties are also reminded that pursuant to local Court rules, only limited oral argument is permitted on law and motion matters. *** The notice of demurrer does not provide notice of the Court'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 ...
2021.06.23 Motion for Sanctions 228
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.06.23
Excerpt: ... 20, 2020, Plaintiff served written discovery on Defendant CDCR, including a Request for Production of Documents, Set One. Defendant failed to respond to these discovery requests, leading Plaintiff to file a motion to compel, which was unopposed and which this Court granted on November 17, 2020. (ROA 31.) Therein, the Court ordered responses to be served by December 30, 2020. Pursuant to the Court's order, Defendant served responses to the RPDs, ...
2021.06.23 Motion for Leave to File TAC 914
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.06.23
Excerpt: ... employees of Defendant during the relevant time periods. (Settl. Agr. ¶¶ 1‐5 The Settlement Agreement results in a PAGA‐only gross settlement fund of $700,000.00 (“PAGA Gross Settlement Fund”) for PAGA Settlement Members and the LWDA in exchange for a narrow release of asserted PAGA claims for violation of Labor Code section 226. (Settl. Agr. ¶ 10, 18‐19.) Pursuant to the PAGA Settlement Agreement, Defendant shall pay the PAGA Settl...
2021.06.22 Motion for Determination of Legal Issues 220
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.06.22
Excerpt: ...ion to Strike Plaintiff Carlos Santos's (“Santos”) Separate Statement of Additional Undisputed Material Facts Cal Fire objects to and moves to strike Santos's Separate Statement of Additional Undisputed Material Facts on the grounds that C.C.P. § 437c(b)(3) only states a plaintiff “shall set forth plainly and concisely any other material facts the opposing party contends are disputed.” However, Cal Fire cites no authority that states a p...
2021.06.22 Motion for Attorney Fees 668
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.06.22
Excerpt: ...very, meeting and conferring regarding discovery responses, motion practice regarding defendant General Motors, LLC's (“Defendant”) discovery responses (four motions to compel in total), and preparing a mediation brief and participating in mediation. No depositions were taken. By its terms, the settlement agreement provides that “Plaintiffs are the prevailing party, and Defendant shall pay Plaintiffs' attorney's fees, costs, and expenses pu...
2021.06.22 Motion to Compel Responses 594
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.06.22
Excerpt: ...dant Duane Crewse's former employment with Plaintiff as a sales representative, and his subsequent employment with Plaintiff's competitor ‐ Defendant. Plaintiff alleges Mr. Crewse signed various confidentiality agreements during his employment, which prohibited him from disclosing Plaintiff's confidential and proprietary information such as customer lists and pricing information. Plaintiff filed this action against Crewse and Defendant alleging...
2021.06.22 Motion for Judgment on the Pleadings 728
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.06.22
Excerpt: ...ccount with Plaintiff. On January 5, 2021, the Court granted Plaintiff's unopposed motion to deem matters admitted. Plaintiff now moves for judgment on the pleadings based on these admissions. Specifically, that Defendant admits she opened a credit account with Plaintiff, received the Customer Agreement when she received the credit card, used the credit card to purchase goods and services, received regular monthly statements showing charges made ...
2021.06.22 Motion for Preliminary Approval of Class Action Settlement 851
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.06.22
Excerpt: ..., which includes 267 housing units, of which 130 are owned separately by individual homeowners. These 130 individually‐owned single family residences are referred to as the "Patio Homes." The remaining 137 units are located on a parcel that contains a Lodge" with 137 rental apartment units that are mixture of assisted living and independent living apartments. On November 19, 2014, Plaintiff Coley and Plaintiff Lorini filed the action on behalf ...
2021.06.22 Motion to Compel Request for Production of Docs 594
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.06.22
Excerpt: ...s follows. This action arises from defendant Duane Crewse's former employment with Plaintiff as a sales representative, and his subsequent employment with Plaintiff's competitor ‐ Defendant. Plaintiff alleges Mr. Crewse signed various confidentiality agreements during his employment, which prohibited him from disclosing Plaintiff's confidential and proprietary information such as customer lists and pricing information. Plaintiff filed this acti...
2021.06.17 Motion to Strike 610
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.06.17
Excerpt: ... complaint (“SAC”) is ruled upon as follows. Defendants move to strike the words “under California law” in the First Cause of Action for Breach of Fiduciary Duties ‐ Derivative Claim by Stewart and SFLP. (SAC, ¶ 35, line 20.) The entire paragraph reads: “Here, by making the undisclosed, unilateral, unapproved, self‐serving decision to cause Intellectual Assets to assign or license broad and exclusive intellectual property rights he...
2021.06.17 Motion to Strike (SLAPP) 314
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.06.17
Excerpt: ...ctively referred to herein as the “JW Defendants.” Plaintiffs allege that Ms. Winner and Mr. Campbell own and operate JW. Peebles Kidder Bergin & Robinson LLP, Gregory M. Narvaez, Esq., Tim Hennessy, Esq., and John M. Peebles, Esq. are collectively referred to herein as the "Attorney Defendants." Defendants failed to comply with CRC Rule 3.1110(f)(3) which requires that each paper exhibit must be separated by a hard 8 ½” x 11” sheet with...
2021.06.17 Demurrer 610
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.06.17
Excerpt: ...y Bickford (“Bickford”) and Expert Microsystems, Inc.'s (“EMI”) (collectively “Defendants”) demurrer to Plaintiffs David Stewart (“Stewart”), Decision Detective Corp. (“DD”), and The D&H Stewart Family Limited Partnership's (“SFLP”) (collectively “Plaintiffs”) second amended complaint (“SAC”) is ruled upon as follows. Overview Plaintiffs allege that at some point in 2002, Bickford contacted Stewart and the two toge...
2021.06.17 Demurrer 608
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.06.17
Excerpt: ...Defendant Eternal Beverages, Inc.'s (“EBI”) demurrer to Cross‐Complainant Brett Catanzaro's (“Catanzaro”) first amended cross‐complaint (“FAXC”) is ruled upon as follows. Overview In his complaint, Plaintiff Patrick Otten (“Plaintiff”) alleges that on 6/21/2018 Catanzaro was operating a golf cart during a charity golf tournament at the Chardonnay Golf Club. Plaintiff was a passenger in the golf cart when Catanzaro negligently,...
2021.06.16 Motion for Protective Order 128
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.06.16
Excerpt: ... at the time oral argument is requested notify the clerk and the opposing party of the specific discovery requests that will be addressed at the hearing. The parties are also reminded that pursuant to local rules, only limited oral argument is permitted on law and motion matters. *** Factual Background This action arises from a dispute between former business partners. The original complaint was filed on 3/14/2018 by plaintiffs Digital Tactics, I...
2021.06.16 Demurrer 366
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.06.16
Excerpt: ...arties must at the time oral argument is requested notify the clerk and opposing party of the specific causes of 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. *** Both moving and opposing counsel failed to comply with CRC Rule 2.111(3). Opposing counsel failed to comply with CRC Rule 3.1113(d) and (e). Factual Backg...
2021.06.15 Demurrer 006
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.06.15
Excerpt: ...In light of Plaintiff's stated intention to amend the complaint, and in the interests of efficiency and economy, the Court continued the hearing to today's date to allow Plaintiff time to amend the complaint rather than ruling on the demurrer. The parties were informed that the demurrer would remain on calendar in the event Plaintiff failed or elected not to file an amended complaint. Plaintiff did not file an amended complaint, nor did he file a...
2021.06.15 Motion for Final Approval of Distribution Plan 022
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.06.15
Excerpt: ...ed by Local Rule 1.06. Moving counsel is directed to make reasonable efforts to contact Defendant and advise him of Local Rule 1.06, the Court's tentative ruling procedure, and the manner to request a hearing. If moving counsel is unable to contact Defendant prior to hearing, moving counsel is ordered to appear at the hearing by Zoom in the event Defendant appears without requesting a hearing pursuant to the Local Rules. Before final approval of ...
2021.06.15 Motion to Compel Further Responses 823
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.06.15
Excerpt: ...th his vehicle. Plaintiff alleges that Defendant Wolfe was acting in the course and scope of his employment with Defendant Reliance Intermodal, Inc. at the time of the incident. At issue on this motion are Plaintiff's responses to Defendants' request for production (set two) nos. 20, 21, 28, 29 and 32. Nos. 20, 21 and 29 ask for documents related to Plaintiff's criminal history, incarceration and felony convictions. No. 28 asks for documents show...
2021.06.10 Motion for Protective Order 366
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.06.10
Excerpt: ...ions to pay. Plaintiffs propounded RFP (set one) on CEE. At issue is RFP no. 1 which seeks “all invoices received by CEE related to the FACILITIES.” On 3/2/2021, Plaintiffs moved to compel CEE's further responses to request for production (set one). With respect to RFP no. 1, CEE responded: “Objection. This request is overbroad as to time and without reasonable limitation in its scope. Responding Party further objects on the grounds that th...
2021.06.09 Motion to Strike Punitive Damages 850
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.06.09
Excerpt: ...ecific allegations 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. *** The notice of motion does not provide notice of the Court's tentative ruling system, as required by Local Rule 1.06, and does not provide the correct address for Dept. 53/54. Moving counsel is directed to contact opposing counsel and advise him/her of Loc...
2021.06.09 Motion to Quash Subpoena 218
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.06.09
Excerpt: ...r 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. Factual Background This case involves 76 plaintiffs (40 adults a...
2021.06.09 Motion for Protective Order, to Compel Further Responses 766
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.06.09
Excerpt: ...cific discovery requests/document categories that will be addressed at the hearing. The parties are also reminded that pursuant to local rules, only limited oral argument is permitted on law and motion matters. *** The notice of motion does not provide the correct address for Dept. 53/54. Factual Background This is a personal injury action arising out a March 2019 incident wherein defendant Reising's vehicle struck plaintiff Cosgrove while she wa...
2021.06.09 Demurrer 850
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.06.09
Excerpt: ...ies are also reminded that pursuant to local Court rules, only limited oral argument is permitted on law and motion matters. *** The notice of demurrer does not provide notice of the Court's tentative ruling system, as required by Local Rule 1.06, and does not provide the correct address for Dept. 53/54. Moving counsel is directed to contact opposing counsel and advise him/her of Local Rule 1.06 and the Court's tentative ruling procedure and the ...
2021.06.09 Demurrer 476
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.06.09
Excerpt: ...xchange of letters and/or emails fails to comply with the statutory mandate. Plaintiff's counsel is reminded that the meet‐and‐ confer requirements of Code of Civil Procedure §430.41 are not optional and s/he is required to participate in the meet‐andconfer efforts “in person or by telephone” even if s/he disagrees with the challenge to the pleading. Factual Background This is a personal injury action arising out of a trip‐and‐fall...
2021.06.08 Motion for Terminating Sanctions 678
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.06.08
Excerpt: ...as well as a statement of damages. (Owensby Decl. ¶ 5.) On January 23, 2020, plaintiff Mei Li's (“Plaintiff”) then counsel, Herman Franck, filed a motion for protective order, without filing any responses or objections to the outstanding written discovery requests. (Owensby Decl. ¶ 6.) On March 3, 2020, this Court entered an Order denying the motion for protective order and ordering Plaintiff to respond to Defendant's Special Interrogatorie...
2021.06.02 Demurrer 018
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.06.02
Excerpt: ...as employed by defendants from “approximately April 2019 to approximately June 2019” (Compl., ¶21) and on 9/10/2020, she provided written notice of this PAGA claim to both the LWDA and defendants (Compl., ¶18). Having not received within 65 days any notice of the LWDA's intent to proceed with an investigation of the allegations (Compl., ¶18), plaintiff commenced this action on 11/17/2020. Moving Papers. Defendants contend plaintiff's PAGA ...
2021.06.01 Motion to Vacate Stay and Enter Judgment 116
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.06.01
Excerpt: ...d advise her of Local Rule 1.06, the Court's tentative ruling procedure, and the manner to request a hearing. If moving counsel is unable to contact Defendant prior to hearing, moving counsel is ordered to appear at the hearing by Zoom in the event Defendant appears without requesting a hearing pursuant to the Local Rules. California Code of Civil Procedure section 664.6 provides: “If parties to pending litigation stipulate, in a writing signed...
2021.06.01 Motion to Expunge Lis Pendens 584
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.06.01
Excerpt: ...at 7222 Boa Nova Drive in Elk Grove. Plaintiff purchased the residence from Defendant in October 2016 and had executed deeds of trust pledging the property as collateral in the event he defaulted on payments to Defendant's lender and to Defendant herself. After the Grant Deed was recorded, Plaintiff apparently failed to make any payments to anyone, including Defendant and Defendant's lender. Accordingly, a nonjudicial foreclosure occurred, culmin...

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