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Location: Sacramento x
Judge: Krueger, Christopher E x
2021.03.23 Motion to Strike Supplemental Expert Designation 856
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.03.23
Excerpt: ...d his automobile insurance carrier, GEICO. The action arises out of a November 16, 2017, rear‐end collision that caused neck, back, and left arm injuries to Ellis. The matter was referred to arbitration pursuant to Ellis' automobile policy with GEICO. The arbitration evidentiary hearing is scheduled for May 6, 2021. (Sandhu Decl. ¶ 2.) The only issue to be determined at arbitration is the nature and extent of Ellis' physical injuries. On Decem...
2021.03.23 Motion for Summary Judgment, Adjudication 172
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.03.23
Excerpt: ...t the hearing and the parties should be prepared to point to specific evidence which is claimed to show the existence or non‐existence of a triable issue of material fact. *** Defendants Ramos Oil (erroneously sued as PacWest Tank Lines, LLC) and Brian Hampton's (“Hampton”)(collectively “Defendants”) motion for summary judgment, or in the alternative summary adjudication, is ruled upon as follows. Overview This is personal injury action...
2021.03.23 Demurrer, Motion to Strike 996
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.03.23
Excerpt: ... purchase and subsequent use of a Shiatsu Massage Pillow, which is alleged to have caused a variety of injuries to plaintiff. The 1AC purports to assert causes of action for Negligence, “Strict Products Liability,” and “Fraud.” Defendant now demurs only to the final cause of action for “Fraud” on the ground it fails to plead sufficient facts. In particular, defendant contends that this cause of action consists solely of impermissible ...
2021.03.23 Motion for Summary Judgment 378
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.03.23
Excerpt: ...n Sells, Sr., Kristen Sells, and Samuel Delavallade (collectively, “Plaintiffs”) filed a statement of non‐ opposition. This action concerns alleged medical negligence involving the alleged negligent care and treatment received by plaintiff Kristen Sells during the labor and delivery of Kash Sincere Delavallade from Dr. Kopf and other defendants. Dr. Kopf moves for summary judgment on the ground Plaintiffs cannot establish breach of the appl...
2021.03.23 Motion to Strike (SLAPP) 556
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.03.23
Excerpt: .... Dep't of Transp. (1997) 15 Cal.4th 543, 590; Steed v. Department of Consumer Affairs (2012) 204 Cal.App.4th 112, 120‐121.) Vibra Hospital fails 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 hard paper or plastic tabs extending below the bottom of the page, bearing the exhibit designation. I. Overview This is an action for Declaratory Relief, Unfair Business P...
2021.03.23 Motion for Summary Judgment, Adjudication 458
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.03.23
Excerpt: ...music, food vendors, and samples of local beer and wine. At the event a large tree limb fell on plaintiff Steven Bralley (“Plaintiff”) when he was sitting under a large Valley Oak, which caused him to sustain injuries and rendered him a paraplegic. Plaintiff and his wife, Dana Bralley (collectively, “Plaintiffs”) filed their Complaint on June 27, 2019, against Gordon, the organizer of the event, Cosumnes Community Services District (“CC...
2021.03.23 Motion to Compel Further Responses, for Production of Docs 778
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.03.23
Excerpt: ...ado 1500, VIN 3GCUKREC2GG334281 (the “Vehicle”). Plaintiff served GM with Form Interrogatories, Set One, on October 16, 2020. (Matera Decl. Exh. 1.) GM served unverified responses on November 4, 2020. (Matera Decl. Exh. 2.) Documents were later produced on December 4, 2020. (Matera Decl. Exh. 3.) Verifications followed on December 31, 2020. (Matera Decl. Exh. 4.) On February 9, 2021, Plaintiffs asked GM for an extension to the motion to compe...
2021.03.23 Motion to Stay Action 738
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.03.23
Excerpt: .... The Solano County Action Plaintiff Reveille Farms, LP (“Plaintiff”) operates a working farm in Dixon, California. In October of 2017, it contracted with Michel Labor Services (“MLS”) for field and farm labor. According to the First Amended Complaint (“FAC”) filed in the Solano County Action, Plaintiff never participated in the hiring, selection, or firing of field and farm laborers and paid MLS for the cost of labor plus profit for ...
2021.03.23 Motion to Compel Further Responses 926
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.03.23
Excerpt: .... *** Plaintiff Lauren Sanders' (“Plaintiff”) motion to compel Defendant GHC of SACSNF,LLC dba Gramercy Court's (“Gramercy Court”) further responses to request for production of documents is ruled upon as follows. This is an elder abuse, medical negligence and wrongful death action. Plaintiff Lauren Sanders suing in her individual capacity, as well as successor‐in‐interest to decedent Louise Chappell (“Decedent”). Plaintiff allege...
2021.03.18 Motion to File SAC 394
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.03.18
Excerpt: ...m, California (the “Inn”). Plaintiff alleges that in 2007, it entered into a written construction contract with Poelman Construction, Inc. (“Poelman”) to build the Inn. (First Am. Compl. (“FAC”) ¶ 12.) Poelman subcontracted with DTS Mechanical, Inc. (“DTS”), an HVAC installation contractor. (FAC ¶ 14.) DTS installed a Daikin VRV‐II system (“VRV‐II” or “HVAC System”) that was supplied by Norman S. Wright Mechanical Eq...
2021.03.18 Demurrer 896
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.03.18
Excerpt: ...). Plaintiff's and Defendants' requests for judicial notice are unopposed and granted. Background This action arises out of a dispute over the Fong family businesses and the decedent Samuel B. Fong's (“Decedent”) personal estate. Defendant Jason Yet Ying Fong (“Jason”) is the Decedent's son and the Executor of his Estate, as appointed by the Sacramento County Superior Court in Case No. 34‐ 2018‐00244649 (the “Probate Action”). (TA...
2021.03.18 Demurrer 838
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.03.18
Excerpt: ...rison psychiatrist. Plaintiff is no longer incarcerated. He was released from Solano State Prison in February 2021. Plaintiff, in pro per, filed the Complaint on June 17, 2019. The Complaint alleged two causes of action for negligence and intentional tort. Defendant demurred to the Complaint, which was sustained with leave to amend on December 18, 2019. Plaintiff filed a First Amended Complaint (“FAC”) on December 20, 2019, which again allege...
2021.03.17 Demurrer 362
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.03.17
Excerpt: ...iff filed what was labeled an opposition, but which suggested the most efficient means of addressing the issues presented by defendant is to simply sustain the demurrer with leave to amend within 20 days. Accordingly, the Court construed Plaintiff's opposition as effectively conceding the merits of the arguments advanced by Defendant and sustained the demurrer with leave to amend. Plaintiff filed the FAC on October 21, 2020, alleging the followin...
2021.03.17 Motion for Relief from Waiver of Objections 654
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.03.17
Excerpt: ...has indicated the incorrect address in its notice of motion. The correct address for Department 54 of the Sacramento County Superior Court is 813 6th Street, Sacramento, California 95814. Defendant shall notify Plaintiff immediately. On November 30, 2020, Plaintiff served Request for Production of Documents, Set One, and Special Interrogatories, Set One, on Defendant's attorneys via email. (Bocanegra Decl. ¶ 6.) Responses were due on January 4, ...
2021.03.17 Motion for Summary Adjudication 448
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.03.17
Excerpt: ...Civil Code § 51 (civil rights of persons in business establishments); (2) Civil Code § 51.7 (Ralph Civil Rights Act); (3) conversion; (4) intentional infliction of emotional distress; (5) consumer legal remedies act; and (6) injunctive relief. Plaintiff's complaint alleges that Best Buy discriminated and threatened violence against him due to his race (African American), ethnicity and/or national origin (Nigerian) when he attempted to exchange ...
2021.03.16 Motion to Revoke Arbitration Stay 840
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.03.16
Excerpt: ... shortly before entering into the purchase agreement with Defendant Elk Grove Auto Group, Inc. dba Elk Grove Dodge Chrysler Jeep (“Defendant”). Wheat's complaint asserts causes of action for Financial Elder Abuse, Violation of Consumer Legal Remedies Act, Unfair Competition, Undue Influence, Civil Code §3345, Penal Code violations and Conversion. He seeks monetary damages as well as rescission of the purchase agreement. On 8/20/2020, the cou...
2021.03.16 Motion for Summary Judgment, Adjudication 394
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.03.16
Excerpt: ...addressed at the hearing and the parties should be prepared to point to specific evidence which is claimed to show the existence or non‐existence of a triable issue of material fact. *** Defendants Daikin North America, LLC (“Daikin NA”) and DACA Delaware Dissolution Trust's (“DACA”) (collectively “Daikin Defendants”) motion for summary judgment, or in the alternative, summary adjudication is ruled upon as follows. I. Overview This ...
2021.03.16 Demurrer 824
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.03.16
Excerpt: ...tted on law and motion matters. *** Defendant County of Sacramento's (erroneously sued as the Sacramento County Sherriff's Department) demurrer to Plaintiff Jeffrey Bacoch's first amended complaint (“FAC”) is ruled upon as follows. Overview This is a FEHA gender/sex discrimination, harassment, and retaliation action. Plaintiff alleges that he was been employed with Defendant for over 25 years as an academy Training Officer, Field Training Off...
2021.03.16 Motion to Compel Further Responses 996
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.03.16
Excerpt: ...** Plaintiff Michael Giambona's motion to compel Defendant Zyllion, Inc.s' further responses to form and special interrogatories is ruled upon as follows. This is a products liability action in which Plaintiff was injured by Defendant's ZMA 13BK Shiatsu Massage Pillow. Plaintiff alleges that he suffered a stroke and other injuries due to the product's design and manufacturing defects, and failure to warn. At issue are Form Interrogatory 12.5 and ...
2021.03.11 Motion to Enforce Settlement 436
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.03.11
Excerpt: ...ction of consumer debt in the amount of $34,632.11. Plaintiff filed this lawsuit on March 13, 2019. On January 26, 2021, the Parties met for a Mandatory Settlement Conference (MSC) in Department 59. Following the MSC, the Court entered a Minute Order reflecting that a Stipulation for Settlement was or would be filed. (ROA 25.) The Parties agree that, among the terms of the settlement, were that Defendants were required to pay Plaintiff $18,000 ov...
2021.03.11 Motion for Terminating Sanctions 710
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.03.11
Excerpt: ...ch's obligation was guaranteed by Defendant Sharmilla Patil. Defendant Patil filed an Answer to the Complaint on June 12, 2020. Defendant Patil's answer to that complaint, filed June 12, 2020, comprises a general denial with sixteen affirmative defenses. On August 20, 2020, Plaintiff served special interrogatories on Defendant. Defendant failed to respond to the discovery requests. Having failed to obtain responses to the discovery requests, NCSS...
2021.03.11 Motion for Preliminary Injunction 610
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.03.11
Excerpt: ...erative pleadings, currently set for hearing on June 10, 2021.) Plaintiff David Steward alleges that at some point in 2002, Defendant Bickford contacted him and the two together ultimately developed a multi‐company business strategy in which Plaintiff focused on technology marketing, commercialization and financing; and Defendant focused on technology software development. (SAC ¶ 16.) The two formed a joint venture, by which they established t...
2021.03.10 Petition to Compel Arbitration 506
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.03.10
Excerpt: ... or the “Schaffs”). The Schaffs hired C. Piata Construction to remodel their home. A “Home Improvement Contract” (the “Contract”) was signed by Meredith Schaff and Craig Piatenesi. Jeff Schaff did not sign the Contract. Craig Piatenesi signed section 33, Arbitration of Disputes, but neither Meredith nor Jeff signed or initialed the arbitration section. (Petition Exh. A.) In or about August of 2019, during the course of the home improv...
2021.03.10 Motion to File Cross-Petition 654
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.03.10
Excerpt: ..., Jerry Fong, and Art Fong (collectively, the “Fong Siblings”) request for judicial notice is granted. Mr. Fong moves the Court for leave to file his Petition for Order Confirming Trust Assets; for Order Authorizing and Directing the Transfer of Trust Property to Trustee; and for Double Damages under Probate Code § 859 (the “Cross‐ Petition”) as a CrossComplaint against the Fong Siblings and the Lily Company, not a party to this action...
2021.03.10 Demurrer, Motion to Strike 956
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.03.10
Excerpt: ...ntative ruling system and to be available at the hearing, in person or by telephone, in the event the opposing counsel appears without following the procedures set forth in Local Rule 1.06(B). FCA has also indicated the incorrect address in its notice of motion. The correct address for Department 53 of the Sacramento County Superior Court is 813 6th Street, Sacramento, California 95814. FCA shall notify Plaintiff immediately. In this lemon law ac...
2021.03.10 Demurrer 432
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.03.10
Excerpt: ...e is granted as to items 1 and 2. The request as to item 3, which is the California Department of Insurance's Life Insurance and Annuities Guide as issued online, is granted to the extent that the Court takes judicial notice of the website's existence. However, the Court does not accept the contents of the website as true. (Ragland v. U.S. Bank National Assn. (2012) 209 Cal.App.4th 182, 194.) Plaintiffs filed their Complaint on December 31, 2018,...
2021.03.09 Demurrer 120
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.03.09
Excerpt: ...t‐and‐confer process in person or by telephone, as required by Code of Civil Procedure §430.41(a). Having received the requisite meet‐and‐confer declaration, the Court now issues the following tentative ruling. *** If oral argument is requested, the parties 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 t...
2021.03.09 Motions to Compel Further Responses 362
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.03.09
Excerpt: ...Plaintiff's motion to compel Defendant FCA US, LLC's further responses Request for Admissions is ruled upon as follows. This is a lemon law action. Plaintiff alleges that on February 22, 2014, she purchased a vehicle from defendant. The vehicle began experiencing defects. Plaintiff delivered her vehicle to an authorized repair facility on 9 occasions, but the defects were never repaired. Plaintiff filed this action on 7/27/2020. Plaintiff moves t...
2021.03.09 Demurrer 374
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.03.09
Excerpt: ...s. *** Defendant Hyundai Motor America's (“HMA”) demurrer to Plaintiff Viacheslav Elikov's first amended complaint (“FAC”) is ruled upon as follows. Overview Plaintiff alleges that HMA is or was the manufacturer and/or distributor of the Vehicle that is the subject of this litigation. (FAC, ¶ 5.) Plaintiff alleges that HMA runs and advertises a certification program in which its used vehicles are certified by HMAauthorized retailers as b...
2021.03.09 Demurrer 760
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.03.09
Excerpt: ...nt Provident Savings Bank's (“PSB”) demurrer to Plaintiff Daniella Gusella's complaint is ruled upon as follows. Overview This is a non‐judicial foreclosure, Homeowners' Bill of Rights (“HBOR”) action. Plaintiff alleges that on 2/27/2004, Frank and Cynthia Aubrey obtained a mortgage in the amount of $540,000 from Countrywide Home Loans, Inc. (“Countrywide”) for the property. (Complaint, ¶ 11.) The mortgage was secured by a Deed of ...
2021.03.04 Motion for Summary Judgment, Adjudication 282
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.03.04
Excerpt: ...rt, Rule 2.104. The font sized used for Plaintiff's opposition brief was less than the required 12 point minimum. Had the proper font size been used, the length of the opposition would have exceeded the 20 pages maximum. Evidentiary Objections Pursuant to Code of Civil procedure section 437c, subdivision (q), the Court only rules on the objections to evidence deemed material to its disposition of the motion. Sutter's evidentiary objections are ru...
2021.03.03 Motion to Set Aside Rejection of Application for Renewal of Judgment 646
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.03.03
Excerpt: ...ired by Local Rule 1.06(D), the notice does not comply with that rule. Moving counsel is directed to review the Local Rules. Plaintiff/judgment creditor SMUD contends that as a result of its legal counsel's mistake, inadvertence and excusable neglect, it failed to timely file its application pursuant to Code of Civil Procedure §683.120 to renew the lump sum money judgment it obtained against defendant Tucker back on 6/14/2010. Specifically, plai...
2021.03.03 Motion to Enforce Settlement 204
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.03.03
Excerpt: ...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. Plaintiff's opposition fails to comply with CRC Rule 3.1113(f). Overview This is a personal injury action arising from a motor vehicle accident. Defen...
2021.03.03 Motion to Compel Further Responses 148
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.03.03
Excerpt: ...matters. *** Defendant Ridge Elk Grove LP's (“REG”) motion to compel plaintiff in pro per Ireana Price's (“Ireana”) further responses to Requests for Production of Documents, Set One, is ruled on as follows. The Court did not consider Ireana's "Reply to Defendants' Reply to Plaintiff's Opposition" since such a document is not permitted by the Code of Civil Procedure. Factual Background This action was commenced on 1/24/2019 when the Law O...
2021.03.03 Demurrer 116
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.03.03
Excerpt: ... that will be addressed at the hearing. Counsel are also reminded that pursuant to local rules, only limited oral argument is permitted on law and motion matters. *** Factual Background Plaintiff TW is a 13‐year‐old, 80 pound bi‐racial (African‐American and Caucasian) male student with epilepsy. The 1AC generally alleges that District committed a variety of wrongdoing: ∙ Failed to properly assess plaintiff for necessary accommodations f...
2021.03.02 Motion for Determination of Good Faith Settlement 044
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.03.02
Excerpt: ...m Marine Industries, Inc's (“Bellingham”) motion for a determination of good faith settlement is GRANTED. Evidentiary Objections Bellingham and Wayne Maples Plumbing & Heating, Inc. (“Wayne Maples”) filed evidentiary objections in connection with the motion. The Court need not reach any of the evidentiary objections because the subject evidence is immaterial to the Court's decision on the motion. The Court's decision on the motion is the ...
2021.03.02 Demurrer, Motion to Stay 552
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.03.02
Excerpt: ... (the “LWDA”). The LWDA letter is not the proper subject of judicial notice. Plaintiff Darrayzha Moten's (“Moten”) request for judicial notice is unopposed and 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 o...
2021.02.25 Application for Right to Attach Order 910
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.02.25
Excerpt: ...1415 Folsom Boulevard and 6660 Coyle Avenue. Plaintiff contends the services and materials it furnished at the two properties had a total value of $24,628.63. Plaintiff also claims it is owed service charges totaling $7,085.88 on unpaid balances at the contract rate of 1.5% per month. (See Compl., ROA # 1.) Plaintiff filed the Complaint against Defendants Donald Reinnoldt (“Reinnoldt”); 11415 Folsom, LLC; Bella Terra Design, LLC; and Greenbac...
2021.02.25 Demurrer 928
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.02.25
Excerpt: ...' demurrer to Plaintiff William F. Molina and Donna Goles' (“Plaintiffs”) Complaint is SUSTAINED with leave to amend as follows. Defendants' request for judicial notice is granted as to Exhibits 2 and 3, which are public records concerning the subject property. It is denied as to Exhibit 1, a May 2019 article published in The State Hornet. (See People v. Ramos (1997) 15 Cal.4th 1133, 1167 [affirming the trial court's refusal to take judicial ...
2021.02.25 Motion for Attorney Fees 851
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.02.25
Excerpt: ...n are overruled. Overview The following factual and procedural overview is found at pages 950‐952 of the Court of Appeal's opinion in Coley v. Eskaton (2020) 51 Cal.App.5th 943. “In November of 2014, Coley and another . . . homeowner, Karen B. Lorini, filed a class action against [Eskaton, Eskaton Village‐Grass Valley (Eskaton Village), and Eskaton Properties Inc. (collectively, the Eskaton entities)], Murch, Donovan, and, as a nominal defe...
2021.02.25 Motion for Terminating Sanctions 214
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.02.25
Excerpt: ... between Plaintiff and Defendant Sidney Leung. The Second Amended Complaint asserts two causes of action against CSAA for (1) rescission (second cause of action) and (2) unfair and deceptive business practices, Bus. & Prof. Code §§ 17200 et seq. (third cause of action). As to CSAA, Plaintiff alleges that in June 2018, she entered into a settlement agreement with CSAA for $300 in exchange for a release of defendants Sidney Leung, Daman Leung, an...
2021.02.25 Motion to Disqualify Counsel 770
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.02.25
Excerpt: ...and his brother, Defendant Timothy Poole (“Tim”). Plaintiff and Tim are the sole shareholders of Dome, a longtime family printing business. (Pl.'s Decl. ISO Mot. ¶¶ 1, 2.) In December 2018, Plaintiff, Dome, and Tim were all sued in Orange County Superior Court in an employment law matter, captioned Keena v. Merlitz Incorporated dba DOME Printing, et al., Case No. 30‐2018‐01039117 (the “Keena matter”). The Keena matter involved vario...
2021.02.25 Motion to File Amended Complaint, Petition to Compel Arbitration 486
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.02.25
Excerpt: ...rn California, Woodside Homes Company LLC and Does 1 through 10. Plaintiff alleged that defendants were her employer. Adkison further alleges that she was terminated from her job as a salesperson “in retaliation for opposing a sexual harassment investigation of her supervisor where she was purportedly the alleged victim being harassed, which she denied.” According to the FAC, Adkison wasn't paid pending commissions when she was terminated, gi...
2021.02.25 Motion to Strike Costs 584
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.02.25
Excerpt: ...), disposed of the action against Joanne Suavillo as an individual. As the court explained in its request for supplemental briefing, “[t]he fact that Joanne was alleged to conduct business under a fictitious business name did not create a different person or entity.” (1/26/2021 Order.) The court has reviewed the parties' supplemental briefs. Defendant Joanne Suavillo dba Wandering Boba's supplemental brief did not address the issues requeste...
2021.02.24 Motion to Compel Arbitration and Stay Proceedings 770
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.02.24
Excerpt: ... signatures upon certain arbitration provisions ‐‐ was not filed with the moving papers. Instead, these “wet ink” signatures were raised and filed for the first time on Reply, denying Plaintiff Emilee Richardson (“Plaintiff”) a full and fair opportunity to respond thereto. In their moving papers, Defendants filed copies of arbitration provisions bearing only Plaintiff's “electronic” signature. Indeed, the motion was framed as bei...
2021.02.24 Motion for Relief from FAC 838
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.02.24
Excerpt: ...er continuance. Plaintiff has not explained why his release makes it impossible for him to appear remotely (i.e., through Zoom or via phone) on the scheduled hearing date. The Department 54 Zoom link is http://saccourt.zoom.us/my/dept53.54a. The Department 54 Zoom ID is: 841 204 6267. To appear on Zoom by phone, call (888) 475‐4499 or (877) 853‐5257 (toll‐free) and enter the Zoom ID referenced above. The Court urges Plaintiff to file his up...
2021.02.24 Motion for Final Approval of Class Action Settlement 952
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.02.24
Excerpt: ...) is unopposed and is GRANTED pending the final fairness hearing to be held on this date. (Code of Civil Procedure § 382, California Rules of Court, Rule 3.769.) In this action, Plaintiff alleges that defendant employer violated various wage & hour provisions of the California Labor Code. The Complaint also includes claims under the Labor Code's Private Attorney General Act (“PAGA”). In approving a class action settlement, the Court is to d...
2021.02.23 Motion to Expunge Lis Pendens 328
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.02.23
Excerpt: ...Angela Taylor (represented by attorney Lyle Solomon) recorded a lis pendens against the subject property ostensibly based on a lawsuit filed against Ms. Villarreal and her estate. However, it appears no such lawsuit had actually been filed and in any event, Placer County was not the appropriate venue for same. When Martinez demanded the improper lis pendens be withdrawn, plaintiffs revealed that they had “a qualified company that expressed thei...
2021.02.23 Demurrer 818
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.02.23
Excerpt: ...ich Leisure cited in its reply brief. Having received from IEAC no copy of any endorsed/filed amended complaint (much less by the 2/8/2021 deadline), the Court now rules on Leisure's pending demurrer to the original complaint. Factual Background This is a subrogation action. IEAC alleges in its first cause of action for subrogation that it paid $14,333.68 to repair water damage to its insured's home in Arcadia, California (Compl., ¶¶6, 8‐10) ...
2021.02.23 Demurrer 088
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.02.23
Excerpt: ...ted on law and motion matters. *** Defendant The Ezralow Company, LLC's (“TEC”) demurrer to Plaintiff's Fourth Amended Complaint (“4AC”) is ruled on as follows. Overview This is an action involving claims of wrongful termination and retaliation in violation of both Government Code §12940 and Labor Code §1102.5. Plaintiff alleges she learned that a Senior Vice‐President of TEC was having an extramarital affair with a vendor who worked ...
2021.02.11 Motion for Determination of Good Faith Settlement 394
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.02.11
Excerpt: ... with Poelman to build the Inn. Poelman subcontracted with Defendant/CrossComplainant/Cross‐Defendant DTS Mechanical, Inc. (“DTS”), an HVAC installation contractor. DTS installed a Daikin VRV‐II system (“VRV‐II” or “HVAC System”) that was supplied by Defendant/Cross‐Defendant Norman S. Wright Mechanical Equipment Corp. (“NSW”), an agent and/or authorized representative of Defendants/Cross‐Defendants Daikin North America,...
2021.02.11 Demurrer 132
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.02.11
Excerpt: ...Defendant Lonnie Dewitt's demurrer to Plaintiff Alexsei Lukianov's first amended complaint (“FAC”) is ruled upon as follows. Overview This is an action between a former couple in which Plaintiff alleges that Defendant failed to disclose his HIV‐positive status and infected Plaintiff through unprotected sexual activities. Plaintiff is a resident of Russia. Defendant is alleged to be at all relevant times a resident of Sacramento County. Plai...
2021.02.11 Motion to Strike SAC 022
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.02.11
Excerpt: ...16, 2018 (“SAC”; ROA #56) in its entirety. Alternatively, the Motion requests the court to strike all or portions of paragraphs 5, 9‐20, 27, 30, 32‐34 from the SAC, on the grounds that they allege irrelevant, false, or improper matter. The Motion also includes a request for sanctions pursuant to Code of Civil Procedure § 128.5(a) for “actions or tactics, made in bad faith, that are frivolous or solely intended to cause unnecessary dela...
2021.02.11 Motion to Quash Subpoena 090
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.02.11
Excerpt: ...ter Douglas Fabrication Co. (“HDFC”) and Hunter Douglas, Inc.'s (“HDI”) (collectively “Defendants”) motion to quash amended subpoena for personal appearance of Isha Aguirre (“Aguirre”) and production of documents, or in the alternative, request for protective order is ruled upon as follows. I. Overview This is a FEHA employment action. Plaintiff alleges that Defendants retaliated and discriminated against her because she had taken...
2021.02.11 Motion for Summary Judgment, Adjudication 660
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.02.11
Excerpt: ... contact opposing counsel forthwith and advise counsel of Local Rule 1.06 and the Court's tentative ruling procedure. If One Call's counsel is unable to contact opposing counsel prior to the hearing, One Call's counsel shall be available at the hearing, by CourtCall or Zoom as stated in the introductory NOTICE to today's Tentative Rulings, in the event opposing counsel appears without following the procedures set forth in Local Rule 1.06(B). One ...
2021.02.10 Motion to Compel Further Responses 362
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.02.10
Excerpt: ...s (“Mr. Bolanos”) held title to the Property as joint tenants. Mr. Bolanos subsequently transferred his interest in the Property to Defendant. Plaintiff filed this action on June 9, 2020 alleging financial elder abuse, among other things. The Verified First Amended Complaint alleges causes of action for: 1) financial elder abuse, 2) partition, 3) judicial foreclosure, 4) theft by false pretenses, and 5) undue influence fraud. Plaintiff prays ...
2021.02.09 Petiton to File Action 294
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.02.09
Excerpt: ...ual Background This action arises from a motor vehicle accident occurring at an intersection in Sacramento on 1/24/2019. Plaintiff asserts that the collision was caused at least in part by a “construction sign” which “obscured traffic near the intersection” and he did not discover the sign was owned by SMUD until 11/16/2020. In order to hold SMUD, a public entity, accountable, plaintiff now moves pursuant to Government Code §946.6 for re...
2021.02.09 Petition to Arbitrate and Stay Civil Action 774
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.02.09
Excerpt: ... operative complaint purports to assert claims for disability discrimination, failure to accommodate, retaliation, wrongful termination, unfair business practices and “waiting time penalties” under Labor Code §201 and §203. Moving Papers. According to Defendants, plaintiff applied for employment with JSFA in 2014 and signed a valid, enforceable agreement to arbitrate any and all claims arising out of his employment including those for discr...
2021.02.09 OSC Re Preliminary Injunction 374
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.02.09
Excerpt: ...he Court's CCMS system allows the public to access and view all pleadings and documents once they are filed unless the Court orders otherwise and thus, it is imperative for counsel to appropriately redact all pleadings and documents before filing. If plaintiffs' now desire to shield this information from the public, they shall promptly file and serve an appropriate noticed motion to seal pursuant to CRC Rule 2.550 et seq. and lodge (not file) wit...
2021.02.09 Motion to Proceed as Doe Plaintiff 072
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.02.09
Excerpt: ... Plaintiffs are Sutter patients and they generally allege they have sent and received electronic communications with Sutter via its website, sutterhealth.org, which provides patients with multiple options to sign‐in to the Patient Portal, search for a doctor, pay a bill, or exchange communications relating to their medical condition. It is claimed that when a person uses the website, Sutter discloses certain information about such use to Facebo...
2021.02.09 Application for Writ of Attachment 106
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.02.09
Excerpt: ... in Plaintiff's memorandum of points and authorities, and the proposed right to attach order. Despite these deficiencies, Defendant filed an opposition to the merits of the Application. Defendant did not object to defective notice. By opposing the Application on the merits, Defendant waived the deficiencies regarding notice. Moreover, it is clear from the opposition that Defendant understands that Plaintiff seeks to attach $326,936.33. Overview I...
2021.02.04 Motion to Compel Further Responses 006
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.02.04
Excerpt: ...their Special Interrogatories, set two ("SIs"), is granted as follows. Background The Court incorporates by reference herein the background from its concurrent ruling on Plaintiffs' Motion to Compel Further Responses to its Requests for Production of Documents, set two (“RFPs”). In addition to the RFPs, Plaintiffs propounded SIs to Van Son on September 17, 2020, related to Mr. Bendowski's testimony in the Lopez trial. (SIs, attached as Ex. F ...
2021.02.04 Motion for Summary Judgment, Adjudication 968
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.02.04
Excerpt: ...in the alternative summary adjudication, as to Plaintiff Barbara Young (“Plaintiff's) first amended complaint is ruled on as follows: Defendant's objections nos. 8, 9, 13, 15, 21, 23, 28‐35 are overruled. However, the Court notes overruling the objections, it does not accept the truth of any conclusions made by Plaintiff and accepts only those facts supported by the evidence provided. Defendant's objection no. 38 to the screenshot of a job de...
2021.02.04 Motion to Compel Further Responses 128
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.02.04
Excerpt: ...commenced on 3/14/2018 by plaintiffs Digital Tactics, Inc. ("DTI"), Terra/ERI, and Michael Newsom (collectively "Plaintiffs") as against defendants Steven Sprague, EnergySquad.org, Inc., Viruk Tungpagasit, ESH, and Duane Sprague (collectively "Defendants"). In June of 2018, Plaintiffs filed a First Amended Complaint ("FAC") which purports to assert causes of action for misrepresentation, breach of contract, breach of operating agreement, breach o...
2021.02.04 Motion to Compel Further Responses 470
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.02.04
Excerpt: ...t for Production of Documents, Set One, from Plaintiffs Jeff Harris and Teresa Harris are ruled upon as follows. This is an elder abuse action. This matter arises from the admission of decedent Eva Harris at Mission Carmichael, a skilled nursing facility, from June 20, 2018 to June 28, 2018. Plaintiffs allege that while at Mission Carmichael, Ms. Harris developed a fecal impaction resulting in acute renal failure and metabolic acidosis which ulti...
2021.02.03 Motion to Terminate or Modify Order Appointing Receiver 647
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.02.03
Excerpt: ... of Citrus Heights (“City”). The Citrus Heights Code Enforcement issued a red tag on the property which is a 2392 sq. ft. single family residence on a 1.06 acre lot (“Property”). The CHCE deemed the Property “unsafe to occupy.” On 6/2/2020, the court appointed Eric P. Beatty as the Receiver (“Receiver”) to “duly correct all of the existing violations now existing upon the Subject Property and to see to it that the violations do ...
2021.02.03 Motion to Enforce Court Order 282
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.02.03
Excerpt: ...AML”) application for writ of attachment against Pierce (“Application”). (ROA 49.) On 1/31/2020, the court issued the right to attach order and writ of attachment (“RTAO/WA”). (ROA 55.) On 2/27/2020, the court issued the writ of execution. (ROA 56.) The Application sought to attach, and RTAO/WA and writ of execution attached: “All real property, accounts receivable, chattel paper, and general intangibles arising out of the conduct of...
2021.02.03 Motion to Declare Vexatious Litigant 828
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.02.03
Excerpt: ...uire Posting of Security is GRANTED as follows. Defendant's request for judicial notice is granted. The Court notes it did not consider the filings submitted by Plaintiff on December 17, 2020, and December 28, 2020, as Plaintiff did not have leave of court to submit supplemental briefing on the motion. A. Background Plaintiff, in pro per, is an inmate currently incarcerated at Corcoran State Prison. Plaintiff's form complaint states that he sues ...
2021.02.02 Motion to Strike Complaint 228
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.02.02
Excerpt: ...actually given any discount. Plaintiff alleges that Defendant “lures and entices shoppers to enter its stores and shop by displaying a false and misleading ‘20% OFF' sign, causing customers to believe all merchandise in the store is 20% off; when in reality, only some of its merchandise is 20% off; and further by placing 20% off standing signs on store shelves above merchandise that is being sold at full price.” (Compl. ¶ 1.) Plaintiff all...
2021.02.02 Motion to Compel Further Responses 752
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.02.02
Excerpt: ... On January 28, 2021, Plaintiff filed a supplemental declaration attesting to meet and confer efforts of counsel to obtain the documents. Defendant did not submit a supplemental declaration or other pleading. According to Plaintiff, all efforts to meet and confer were unsuccessful and, beyond that, Defendant declined to produce individuals whose depositions had been set for January to who might have aided in the designation, classification, and p...
2021.02.02 Motion for Summary Judgment 090
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.02.02
Excerpt: ...(“Essentia”) filed an Opposition. (ROA 260.) This ruling addresses SMUD's MSJ as opposed by Essentia. Essentia also filed a Joinder (ROA 261) stating “Plaintiff ESSENTIA INSURANCE COMPANY A/S/O JOHN W. COX hereby incorporates by reference the Opposition of Plaintiff FEDERAL INSURANCE COMPANY'S and the Opposition of Plaintiff TRAVELERS INDEMNITY COMPANY OF CONNECTICUT'S including all memorandum of points and authorities, declarations, exhibi...
2021.02.02 Motion for Relief from FAC 838
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.02.02
Excerpt: ...rs of receiving it. The Litigation Coordinator shall make Plaintiff available, by COURTCALL, at 9:00 a.m. on the date of the continued hearing date, which will be February 24, 2021 to participate in oral argument. The continuance date will always be an appearance required hearing so that Plaintiff need not request oral argument. Plaintiff Gregory Taylor's (“Plaintiff”) “Motion for Relief from the First Amended Complaint” (Register of Acti...
2021.02.02 Demurrer 980
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.02.02
Excerpt: ...'s request for judicial notice is granted. Defendant demurrers on two grounds: (1) the FAC fails to comply with the Government Claims Act and all claims are barred under Government Code section 900, et seq., and (2) the FAC fails to plead exhaustion of administrative remedies under Title 15 of the California Code of Regulations. Plaintiff alleges two causes of action against Dr. Arya, one for negligence and the other for intentional infliction of...
2021.01.28 Petitions to Vacate Attorney-Client Fee Arbitration Award, to Confirm Attorney-Client Arbitration Award 638
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.01.28
Excerpt: ...d by Code of Civil Procedure §1290.2, which specifies that a petition relating to arbitration “shall be heard in a summary way in the manner and upon the notice provided by law for the making and hearing of motions” (i.e., Code Civ. Proc. §1005(b)), keeping in mind that 1/18/2021 (Martin Luther King, Jr. Day) was a court holiday. (Code Civ. Proc. §12c; Barefield v. Washington Mutual Bank (2006) 136 Cal.App.4th 299, 303.) Ordinarily, such d...
2021.01.28 Motion to Compel Arbitration 858
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.01.28
Excerpt: ... Factual Background This suit was commenced by plaintiff on 7/16/2020 as a representative action for civil penalties under the Labor Code's PAGA, asserting various wage‐and‐hour claims based on several different provisions of the Labor Code. On 9/15/2020 plaintiff filed a First Amended Complaint (“1AC”) which purports to add to the existing representative claims under the PAGA several new claims on behalf of a putative class of employees,...
2021.01.28 Demurrer 330
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.01.28
Excerpt: ...ction 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. *** Moving counsel failed to comply with CRC Rule 3.1110(b)(3)‐(4). Factual Background This action arises out of plaintiffs Felina and Percival Roque's $500,000 investment in a cannabis cultivation business. Plaintiffs generally allege that the various named defendants ...
2021.01.27 Motion to File SAC 970
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.01.27
Excerpt: ... December 1, 2021 (ROA #76.) A copy of the proposed amended pleading is attached to the Motion as Exhibit A. The Motion describes 18 additions, deletions or other alterations, and is supported by the declaration of Plaintiffs' attorney Stratton S. Barbee (“Barbee Dec.”) explaining that the amendments are not based on new facts, and that the effect of the amendment is to set forth the facts supporting the complaint in a more clear and organize...
2021.01.26 Motion to Compel Further Responses 824
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.01.26
Excerpt: ...** Plaintiff Christopher Daneri's (“Plaintiff”) motion to compel further discovery responses from Specially Appearing Defendant LG Chem America Inc. (“LGCAI”) regarding jurisdictional discovery responses (set three), and to compel jurisdictional deposition is ruled upon as follows. LGCAI has a pending motion to quash service of summons and complaint due to lack of jurisdiction. The court has continued the motion a number of times to allow...
2021.01.26 Motion for Discharge from Liability, for Award of Costs and Fees 078
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.01.26
Excerpt: ...as well as for an award of $3,648 in attorney fees and $435 in costs, is ruled upon as follows. The notice of motion does not provide notice of the Court's tentative ruling system, as required by Local Rule 1.06. Moving counsel is directed to contact opposing parties 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 counse...
2021.01.26 Motion for Attorney Fees 454
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.01.26
Excerpt: ...1/20/2019, Defendants served CCP §998 Offer in the amount of $156,001. Plaintiffs accepted the offer which included a full statutory “buy‐ back” of the vehicle, as well as other damages and penalties. Pursuant to Civ. Code §1790(d), Plaintiffs seek attorneys' fees under the “lodestar” method in the amount of $12,937.50, a “lodestar” enhancement of 0.5, in the amount of $6,468.75, for a total of $19,406.25 as the attorneys' fees, a...
2021.01.26 Demurrer 460
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.01.26
Excerpt: ...uthorities” (“FAC MPAs”). The JC Form is merely the initial first three pages of the JC Form with no attachments that include the charging allegations. With respect to the paragraph 9 of the JC Form related to compliance with the claims statute, Plaintiff checked the box that he was excused from complying because “Plaintiff attempted to exhaust administrative remedies and was denied by prison officials when they failed to return the appea...
2021.01.26 Demurrer 078
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.01.26
Excerpt: ...tion to Interplead Penal Amount of Contractor's State License Bond And Bond Of Qualifying Individual. AIC alleges that it issued, “as surety, on behalf of James Peterson Industries, Inc. dba Solar 4 America (“PII”), as principal, a certain California Contractor's State License Bond No. SUR0022726 in the penal sum of Fifteen Thousand Dollars and No Cents ($15,000.00), pursuant to Business and Professions Code Sections 7071.5 ‐ 7071.11, eff...
2021.01.26 Motion to Compel Further Responses 666
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.01.26
Excerpt: ... of documents (set one) is ruled upon as follows. Plaintiff QBE alleges that its insured, Tara Goleno (“Goleno”), hired a contractor to remodel the kitchen in her home. As part of the remodeling job, the contractor installed a new dishwasher which connected and attached a Watts dishwasher adapter fitting to the new dishwasher. QBE alleges that on 12/14/2018, water loss from Watt's dishwasher adapter fitting caused water damage to the home and...
2021.01.21 Motion for Summary Judgment, Adjudication 102
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.01.21
Excerpt: ... 15, 2019. On October 15, 2019, defendants requested a continuance of the motions to January 31, 2020, upon the ground that the plaintiff's counsel requested additional time to complete depositions prior to filing an opposition, and that all parties agreed to the continuance. The motions for summary judgment and concurrent motion to seal exhibits were continued accordingly. On January 8, 2020, defendants' counsel again requested a continuance of ...
2021.01.21 Motion for Summary Judgment, Adjudication 006
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.01.21
Excerpt: ...cluding benzene, acetone and hydrofluoric acid during her employment at California Professional Firefighters and Firefighters Print and Design (collectively “CPF”) between 1986 and July of 2019. Plaintiffs allege that products containing benzene, acetone and hydrofluoric acid were a causal factor of her illness. Seanne alleges that she was exposed to K.Wilson's products, which she alleges are benzene‐containing petroleum hydrocarbon solvent...
2021.01.21 Motion for Preliminary Approval of Class Action and PAGA Settlement 256
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.01.21
Excerpt: ...ng causes of action for unpaid wages, unpaid overtime, failure to pay a minimum wage, meal and rest break violations, waiting time penalties, wage statement penalties, unfair competition. On June 19, 2019, pursuant to the California Code Private Attorney General Act of 2004 (“PAGA”), Plaintiff provided notice to the California Labor and Workforce Development Agency of alleged labor violations committed by Defendant in the manner required by l...
2021.01.21 Demurrer 980
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.01.21
Excerpt: ...s of receiving it. The hearing date is automatically continued one week plus one court day to February 2, 2021, for oral argument. The continuance date will be an appearance required hearing so that Plaintiff need not request oral argument. The litigation coordinator shall make Plaintiff available by CourtCall or by Zoom audio (if available) to participate in oral argument at 9:00 a.m. on the continued hearing date, which will be February 2, 2021...
2021.01.20 Demurrer, Motion to Strike SAC 122
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.01.20
Excerpt: ...the hearing. The parties are also reminded that pursuant to local court rules, only limited oral argument is permitted on law and motion matters. *** Plaintiff's memorandum of points & authorities in opposition fails to comply with the page limitations set forth in CRC Rule 3.1113(d), and plaintiff did not comply with the requirements of Rule 3.1113(e) prior to filing the oversized opposition, but the opposition was nevertheless considered. The C...
2021.01.20 Demurrer 846
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.01.20
Excerpt: ...ion arising out of Hawkins' employment as a teacher with Defendant. Hawkins is AfricanAmerican and alleges causes of action against Defendant for discrimination, harassment, and retaliation in violation of the FEHA. Plaintiff alleges the following in the Second Amended Complaint (“SAC”). On March 3, 2017, Vice Principal Kim Christierson asked Hawkins why she was requesting to cancel a meeting that Hawkins had scheduled with a classroom aide. ...
2021.01.20 Motion for Summary Judgment, Adjudication 652
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.01.20
Excerpt: ...ect evidence is immaterial to disposition of the motion. Overview This is a real estate nondisclosure action concerning real property commonly known as 8217 Stevenson Ave., Sacramento, CA, 95825 (the “Property”), in which Plaintiff Abel Moldovan (“Plaintiff”) purchased the Property from Defendant. Co‐ defendant Mary Garcia was the Property's listing agent. Plaintiff alleges Defendant failed to disclose that the Property encroached onto ...
2021.01.20 Motion for Sanctions 122
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.01.20
Excerpt: ...irst was a petition 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 the original complaint in this case, although difficult to comprehend, generally alleged that defendant Carreon, an employee in District's “HR” department, and co‐defendant Rittling, an a...
2021.01.20 Motion for Summary Adjudication 506
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.01.20
Excerpt: ... putative class action plaintiff alleges his employer failed to pay all wages due as a result of utilizing a timeclock system which rounds the employees' entries to the nearest quarter‐hour for purposes of calculating their wages. The parties stipulated pursuant to Code of Civil Procedure §437c(t) to have this issue presented for summary adjudication based primarily on the following facts: Timeclock records for 171 members of the putative clas...
2021.01.20 Motion to Compel IME 682
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.01.20
Excerpt: ...jury action arising out of a motor vehicle accident that occurred on November 15, 2016. Defendants served Plaintiff Thomas Lane (“Plaintiff”) with a Demand for Medical Examination on April 8, 2020 (“Demand”). The Demand, made under Code of Civil Procedure (“CCP”) section 2032.220, stated that Plaintiff would “appear for a physical examination . . . to be conducted by Gary M. Alegre, M.D., an orthopedic surgeon. . . . for the purpose...
2021.01.13 Motion to Compel Further Responses 470
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.01.13
Excerpt: ...s to Compel Further Responses to Request for Production of Documents, Set One, from Plaintiffs Jeff Harris and Teresa Harris are ruled upon as follows. This is an elder abuse action. This matter arises from the admission of decedent Eva Harris at Mission Carmichael, a skilled nursing facility, from June 20, 2018 to June 28, 2018. Plaintiffs allege that while at Mission Carmichael, Ms. Harris developed a fecal impaction resulting in acute renal fa...
2021.01.13 Motion to Compel Further Responses 006
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.01.13
Excerpt: ...poration of America (“Van Son”) to their Special Interrogatories, set two ("SIs"), is granted as follows. Background The Court incorporates by reference herein the background from its concurrent ruling on Plaintiffs' Motion to Compel Further Responses to its Requests for Production of Documents, set two (“RFPs”). In addition to the RFPs, Plaintiffs propounded SIs to Van Son on September 17, 2020, related to Mr. Bendowski's testimony in th...
2021.01.13 Demurrer 507
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.01.13
Excerpt: ...intiff”) within 48 hours of receiving it. The hearing date shall automatically be continued to January 20, 2021, at 9:00 a.m. in this Department for oral argument. The continuance date is an appearance required hearing so no party needs to request oral argument. The litigation coordinator shall make Plaintiff available by CourtCall or by Zoom audio (if available) to participate in oral argument at 9:00 a.m. on the continued hearing date to part...
2021.01.13 Demurrer 040
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.01.13
Excerpt: ...D WITHOUT LEAVE TO AMEND. Request for Judicial Notice Defendant's Request for Judicial Notice ("RJN", ROA #38) is granted. The request pertains to the insurance policy referenced in the operative complaint (FAC ¶¶ 8, 33), allegedly forming the basis of the relationship between Plaintiff and Defendant. (Evid. Code § 452(h); Ingram v. Flippo (1999) 74 Cal.App.4th 1280, 1285, n.3 (taking judicial notice of documents referenced in the complaint bu...
2021.01.12 Motion to Enforce Court Order 282
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.01.12
Excerpt: ...ient date and call the clerk in Department 54 by no later than 4:00 p.m. on Monday, January 11, 2021 to notify the clerk of the new date. (See Local Rule 1.06.) ** 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 attachment against Pierce (“Application”...
2021.01.12 Motion for Sanctions 846
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.01.12
Excerpt: ...artment 54 by no later than 4:00 p.m. on Monday, January 11, 2021 to notify the clerk of the new date. (See Local Rule 1.06.) ** Defendant San Juan Aviation's motion for sanctions pursuant to CCP section 128.7 is unopposed but is DENIED. Defendant moves for sanctions pursuant to CCP §128.7 on the grounds that “the allegations and other factual contentions in the complaint lack evidentiary support and the complaint is presented for an improper ...
2021.01.07 Motion to Compel Further Responses 396
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2021.01.07
Excerpt: ... which Plaintiff alleges that Defendant Oscar Vasquez (“Vasquez”), a driver for Aguilar's rental‐car relocation company, rearended Plaintiff Zaka Vera (“Plaintiff”) while both were traveling on Interstate 80. The vehicle driven by Vasquez, Plaintiff's vehicle, and a third vehicle driven by Defendant Joseph Inch (“Inch”), were all involved in the accident. As a result of the accident, Plaintiff alleges various claims against Defendan...

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