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2020.01.06 Motion to Set Aside Default 984
Location: Sacramento
Judge: Rodda, Steven H
Hearing Date: 2020.01.06
Excerpt: ...y served on January 15, 2018 at 12054 Country Garden Drive, Rancho Cordova. (ROA 4.) Defendant did not answer the Complaint, and Plaintiff moved for default. Default judgment was entered against Defendant on April 6, 2018. Defendant now moves to vacate the default, on the grounds that she was never served with the lawsuit. Defendant provides a declaration in which she attests that she never received notice of the lawsuit, and that the address whe...
2020.01.06 Motion to Lift Stay of Proceedings 074
Location: Sacramento
Judge: Rodda, Steven H
Hearing Date: 2020.01.06
Excerpt: ...gust 2017, alleging numerous causes of action against Defendant arising from Plaintiff's purchase of two vehicles from Defendant. On January 22, 2019, the Court granted Defendant's unopposed motion to compel arbitration, on the grounds that an arbitration clause exists in the sales contract. (MacAdam Decl. Exs. B, C.) Plaintiff then sent a Demand for Arbitration in July 2019, listing his damages in excess of $500,000. (Id. Ex. D.) Accordingly, th...
2020.01.06 Motion to Compel Deposition 690
Location: Sacramento
Judge: Rodda, Steven H
Hearing Date: 2020.01.06
Excerpt: ... SMUD served Plaintiff with a notice of deposition, setting her deposition for September 4, 2019. (Webber Decl. Ex. 2.) As Plaintiff's counsel was unavailable, the parties agreed to a deposition date in early October, and SMUD re‐noticed the deposition for October 10. (Id. Ex. 5.) On October 1, Plaintiff's counsel stated that they were still in trial during the week of October 10, so SMUD's counsel requested that Plaintiff's counsel provide new...
2020.01.06 Motion for Summary Judgment, Adjudication 584
Location: Sacramento
Judge: Rodda, Steven H
Hearing Date: 2020.01.06
Excerpt: ...objections are OVERRULED. Factual Background Raymond and his wife, Joanne, reside in a house in Elk Grove with their two children and their two dogs, Butter and Milo. (UMF 2‐6, 9.) Raymond purchased the house in 2003 and is the only person named on the deed of trust. (UMF 2, 3.) In 2014, Joanne opened Wandering Boba, a food truck business. (UMF 13.) Wandering Boba is a sole proprietorship and Joanne is doing business as (“dba”) Wandering Bo...
2020.01.06 Motion for Preliminary Approval of Class Action Settlement 252
Location: Sacramento
Judge: Rodda, Steven H
Hearing Date: 2020.01.06
Excerpt: ..., failed to provide accurate and complete wage statements, failed to timely pay wages, and engaged in unfair business practices. Plaintiffs further allege that Defendant is liable for civil penalties under the Private Attorneys General Act (“PAGA”). The parties engaged in informal discovery and a full day of mediation. They now seek preliminary approval of their settlement for the gross settlement amount of $1,250,000 (“Gross Settlement”)...
2020.01.06 Demurrer 348
Location: Sacramento
Judge: Rodda, Steven H
Hearing Date: 2020.01.06
Excerpt: ...into an agreement with Sacramento City Unified School District (“SCUSD”) on November 21, 2014, titled the Internship Credential Program Agreement (the “Agreement”). (FAC ¶¶ 5‐9, Ex. A.) Plaintiff alleges that Defendant denied Plaintiff the opportunity to finish his internship courses, including failing to give Plaintiff advice and mentorship and otherwise support him in good faith, and ultimately ending his participation in the intern...
2019.10.21 Motion to File Complaint 241
Location: Sacramento
Judge: Rodda, Steven H
Hearing Date: 2019.10.21
Excerpt: ...”) filed the original complaint against various defendants on March 1, 2018. Placer and Perez appeared in the matter, but at the time, both were represented by different counsel (Haight Brown & Bonesteel, LLP). On August 8, 2019, Dennis J. Kelly, Esq. of Dillingham and Murphy LLP was substituted in as counsel for both Placer and Perez. After reviewing the matter, current counsel of record contends he determined it was necessary to file a cross...
2019.7.8 Motion for Terminating Sanctions 535
Location: Sacramento
Judge: Rodda, Steven H
Hearing Date: 2019.7.8
Excerpt: ... Lemos' responses to form and special interrogatories and request for production of documents (sets one). Plaintiff was ordered to serve responses without objections by April 18, 2019. After Defendant failed to comply, Plaintiff moved for terminating sanctions, or alternatively evidentiary and monetary sanctions. On May 21, 2019, the Court granted Plaintiff's motion in party, directing Defendant to fully comply with the discovery on or before...
2019.7.8 Motion for Summary Judgment, Adjudication 529
Location: Sacramento
Judge: Rodda, Steven H
Hearing Date: 2019.7.8
Excerpt: ...plaintiff William Fastiggi. Plaintiffs' complaint filed on March 17, 2017, alleges causes of action for medical malpractice and loss of consortium. Dr. Cain has established by admissible evidence that his care and treatment of Plaintiff was at all times reasonable and within the standard of care. (UMF 10; Declaration of Lundy Campbell, M.D. ¶¶ 1‐7.) Dr. Cain's expert opines that Dr. Cain's treatment of Plaintiff met the applicable standard of...
2019.7.8 Demurrer, Motion to Strike 425
Location: Sacramento
Judge: Rodda, Steven H
Hearing Date: 2019.7.8
Excerpt: ...ate cases. The expert consulting and witness services were provided by plaintiff Stephen W. Wheatcraft, Ph.D. (“Dr. Wheatcraft”) to M&A. Plaintiffs Dr. Wheatcraft, Wheatcraft and Associates, Ltd. (“W&A”), and Catherine Benton (“Ms. Benton”) (collectively, “Plaintiffs”) filed their Complaint against Defendants on March 13, 2019, alleging causes of action for: (1) breach of written contract; (2) common count: goods and services rend...
2019.7.8 Demurrer, Motion to Dismiss 449
Location: Sacramento
Judge: Rodda, Steven H
Hearing Date: 2019.7.8
Excerpt: ...hearing. This opposition appears to be an opposition to this demurrer, as well as a purported opposition to the concurrently filed motion to dismiss. Despite the untimeliness, the Court has reviewed Plaintiff's deposition, although it does nothing to alter the Court's decision. On April 4, 2019, this Court sustained Defendant's unopposed demurrer to Plaintiff's First Amended Complaint on the grounds the FAC failed to state facts sufficient to con...
2019.7.8 Application to Seal Record 407
Location: Sacramento
Judge: Rodda, Steven H
Hearing Date: 2019.7.8
Excerpt: ...or the Republican Caucus until March of 2015. After his position was eliminated, Plaintiff brought a variety of employment‐related claims against the Assembly. Plaintiff alleged causes of action for retaliation, disability discrimination, failure to prevent discrimination and retaliation, failure to engage in the interactive process, and failure to make reasonable accommodation. Plaintiff alleged he repeatedly sought medical treatment and took ...
2019.7.8 Motion to Strike 147
Location: Sacramento
Judge: Rodda, Steven H
Hearing Date: 2019.7.8
Excerpt: ...und, at or near the intersection of 2nd Avenue, lona A. Opris was under the influence of alcoholic beverages and other intoxicants and intoxicated so as to render defendant unable to operate the motor vehicle in a safe manner. Despite the abovedescribed condition and defendant's knowledge thereof, defendant chose to consciously disregard the condition, which created an extreme danger and hazard to other persons using the public roadway. Defen...
2019.7.5 Motion to Declare Vexatious Litigant 627
Location: Sacramento
Judge: Rodda, Steven H
Hearing Date: 2019.7.5
Excerpt: ...er filed a request for a civil harassment restraining order against Respondent, her ex‐husband's girlfriend. A trial was held on May 4, 2018 before Judge Sawtell. Judge Sawtelle denied the request and ordered Petitioner to pay $5,000 in attorney's fees. A minute order to that effect was issued on May 4, 2018. Thereafter Petitioner filed an objection to the “proposed judgment” and Judge Sawtelle denied the motion on June 1, 2018. Petitioner ...
2019.7.3 Motion for Final Approval of Class Action Settlement 323
Location: Sacramento
Judge: Rodda, Steven H
Hearing Date: 2019.7.3
Excerpt: ...one, in the event Defendant appears without following the procedures set forth in Local Rule 1.06(B). As a preliminary matter, the Court notes the proof of service indicates that the moving papers were served via mail on June 11, 2019. This provided 16 court days' notice. Service by mail requires 16 court days plus 5 calendar days' notice. For cases filed on or before December 31, 2018, electronic service is not authorized unless a party or other...
2019.7.2 Motion to Strike 854
Location: Sacramento
Judge: Rodda, Steven H
Hearing Date: 2019.7.2
Excerpt: ...on is granted. This employment action arises from Plaintiff's employment with the DBO. On or about February 20, 2019, Plaintiff, an employee of the DBO, filed the instant lawsuit against his employer and his coworker, Geraldine Young ("Young"), alleging the following causes of action: (1) religious discrimination; (2) national origin/ancestry discrimination; (3) disability discrimination (failure to engage in the interactive process); (4)...
2019.7.2 Motion to Compel Further Responses 417
Location: Sacramento
Judge: Rodda, Steven H
Hearing Date: 2019.7.2
Excerpt: ...as follows. Folsom filed an untimely opposition only seven court days prior to the hearing and in violation of CCP § 1005. Nonetheless, the Court in its discretion has considered the opposition and rules as follows. In this action, plaintiffs Maria Luisa Hills and Barry Hills allege that the California Department of Corrections and Rehabilitation ("CDCR"), Folsom, and the County of Sacramento created a dangerous condition of public prope...
2019.7.2 Demurrer 854
Location: Sacramento
Judge: Rodda, Steven H
Hearing Date: 2019.7.2
Excerpt: ... February 20, 2019, Plaintiff, an employee of the DBO, filed the instant lawsuit against his employer and his coworker, Geraldine Young ("Young"), alleging the following causes of action: (1) religious discrimination; (2) national origin/ancestry discrimination; (3) disability discrimination (failure to engage in the interactive process); (4) disability discrimination (failure to provide reasonable accommodation); (5) hostile work environ...
2019.7.2 Demurrer 251
Location: Sacramento
Judge: Rodda, Steven H
Hearing Date: 2019.7.2
Excerpt: .... Defendant has filed a Supplemental Declaration of Tuan V. Uong reflecting additional diligent efforts to meet and confer with the now self‐represented plaintiff. Counsel called the phone number listed on the Substitution of Attorney but reached only former counsel's office and requested contact information for plaintiff. The Court will not require further meet and confer efforts after two prior continuances given the diligence of defendan...
2019.7.1 Motion to File Amended Complaint 896
Location: Sacramento
Judge: Rodda, Steven H
Hearing Date: 2019.7.1
Excerpt: ...rt for her after his death, she and her son lived with Sam Fong and she fulfilled the duties and role of a spouse. In September 2016, Sam Fong created a trust that would have fulfilled the promises of support he made. In July 2017, after becoming ill and shortly before his death, Sam Fong purportedly executed a restatement of the Trust that removed Plaintiff as a beneficiary except for what support had already been provided. Plaintiff commenced t...
2019.6.24 Motion for Judgment on the Pleadings 431
Location: Sacramento
Judge: Rodda, Steven H
Hearing Date: 2019.6.24
Excerpt: ...sidered "brief." Defendant Logos Property Investment S, LLC (“Logos”) argues that the motion is defective for the following reasons: (1) the notice of motion fails to include the Local Rule regarding the tentative ruling system, and (2) defective proof of service. The Court declines to deny the motion on these grounds. First, Logos proffers no legal authority that the failure to include the Local Rule requires denial of the motion. Se...
2019.6.24 Demurrer, Motion to Dismiss 266
Location: Sacramento
Judge: Rodda, Steven H
Hearing Date: 2019.6.24
Excerpt: ...ded complaint (“FAC”) is ruled upon as follows. Defendants' request for judicial notice is granted. In taking judicial notice of these documents, the court accepts the fact of their existence, not the truth of their contents. (See Professional Engineers v. Dep't of Transp. (1997) 15 Cal.4th 543, 590; Steed v. Department of Consumer Affairs (2012) 204 Cal.App.4th 112, 120‐121.) This is a declaratory relief action whereby Bielejeski, ...
2019.5.13 Motion for Summary Judgment 945
Location: Sacramento
Judge: Rodda, Steven H
Hearing Date: 2019.5.13
Excerpt: ...ng the subject property and failing to warn of a dangerous condition on the property. Defendant now moves for summary judgment. Defendant's separate statement includes the following. On April 13, 2017, Plaintiff attended a gathering at a rural residential property located at 41490 South River Road in Courtland. Plaintiff had been to the property on previous occasions and was an experienced ATV rider. Plaintiff was injured while riding her ATV at ...
2019.5.13 Motion for Terminating Sanctions 327
Location: Sacramento
Judge: Rodda, Steven H
Hearing Date: 2019.5.13
Excerpt: ... was ordered to serve further responses to Defendant's form and special interrogatories and requests for admissions (sets one) by March 21, 2019. Defendant seeks terminating sanctions only on the basis that Plaintiff has not provided the Court ordered further responses. No lesser sanction was requested. For misuse of the discovery process, including as is the case here, disobeying a court order to provide discovery, the Court may impose a termina...
2019.5.10 Motion for Attorneys' Fees 975
Location: Sacramento
Judge: Rodda, Steven H
Hearing Date: 2019.5.10
Excerpt: ...l of the out-of-state action initiated by Defendant and bringing this motion for fees. It is premature for Plaintiff to seek any remedies in this action, including attorneys' fees, pursuant to Section 925(c) before there has been a determination whether Plaintiff was an employee or independent contractor, and whether Defendant violated Labor Code § 925. Pursuant to Section 925, an employer may not require an employee who primarily resides and wo...
2019.5.10 Motion for Judgment on the Pleadings 519
Location: Sacramento
Judge: Rodda, Steven H
Hearing Date: 2019.5.10
Excerpt: ... The complaint states facts sufficient to constitute a cause of action against the defendant and that the answer does not state facts sufficient to constitute a defense. The failure to deny a material allegation necessarily results in an admission. Hennefer v. Butcher (1986) 182 Cal.App.3d 492, 504. �In the case of . . . a motion for judgment on the pleadings, leave to amend should be granted if there is any reasonable possibility that the plai...
2019.5.10 Demurrer 882
Location: Sacramento
Judge: Rodda, Steven H
Hearing Date: 2019.5.10
Excerpt: ...nd cause of action. (The Court finds the answer filed on December 18, 2018 was inappropriately designated as Caltrans' answer and was superseded by the amended answer filed by George Reed, Inc. on 2/19/19.) Even under California's liberal pleading practice, plaintiff has failed to separate the allegations within the second cause of action. The allegations as to each defendant within the cause of action must be pled with sufficient particularity t...
2019.5.10 Motion for Summary Judgment 350
Location: Sacramento
Judge: Rodda, Steven H
Hearing Date: 2019.5.10
Excerpt: ...cation that (1) Plaintiff does not have a claim for dangerous condition of public property, or (2) BART has immunity. The Court finds that BART has not shifted its burden on several issues, and on the remaining issues there are triable issues of material fact. Indeed, while BART presents more or less the same substance in a variety of different wrapping papers, it's the same substance under different section headings. Dangerous Condition A claim ...
2019.5.10 Motion for Summary Judgment, Adjudication 660
Location: Sacramento
Judge: Rodda, Steven H
Hearing Date: 2019.5.10
Excerpt: ...tow Sheppart Wayte & Carruth Llp Tentative Ruling: The Court has read and considered defendants' “Motion for Summary Judgement [sic]/Summary Adjudication” filed April 2, 2019. Code of Civil Procedure section 473c(b)(1) requires that: The supporting papers shall include a separate statement setting forth plainly and concisely all material facts that the moving party contends are undisputed. Each of the material facts stated shall be followed b...
2019.5.10 Demurrer 857
Location: Sacramento
Judge: Rodda, Steven H
Hearing Date: 2019.5.10
Excerpt: ...fied on June 29, 2018, that his appointment would end effective July 9, 2018. Plaintiff alleges he was wrongfully terminated in retaliation for requesting payment of his statutory salary and for his testimony before the Legislature in March of 2016. Plaintiff's FAC alleges the following two causes of action: (1) retaliation in violation of Labor Code § 1102.5; and (2) unpaid wages in violation of Labor Code § 201. Defendant demurs to each cause...
2019.5.10 Motion to be Relieved as Counsel 319
Location: Sacramento
Judge: Rodda, Steven H
Hearing Date: 2019.5.10
Excerpt: ... participate. As was discussed at the recent CMC, although the complaint identifies the Estate as the plaintiff, there is neither the identification of any actual person who is the representative of the Estate, nor any probate order designating anyone as such representative. There also is no allegation of any survivors purporting to bring a wrongful death action on their own behalfs. The Court gathers that the person(s) who arranged for counsel t...
2019.5.10 Motion to Compel Production of Docs 589
Location: Sacramento
Judge: Rodda, Steven H
Hearing Date: 2019.5.10
Excerpt: ...responses to requests for production, set one, numbers 1, 10, and 11 on April 15, 2019. The motion was filed on April 12, 2019. Service of responses after the motion was filed does not moot the motion, even if Plaintiff did not receive a copy of the motion until April 17, 2019. Defendant is still entitled to an order. To be clear, a motion is "made" when it is filed and served. (CCP § 1005.5.) At the time the motion was filed Plaintiff h...
2019.5.10 Motion to Compel Responses 540
Location: Sacramento
Judge: Rodda, Steven H
Hearing Date: 2019.5.10
Excerpt: ... also sought orders compelling responses to interrogatories and document requests. That part of these motions was put over to the present date, with an invitation for each moving defendant to file and serve a supplemental statement explaining which (if any) of these other discovery responses are still genuinely needed, in light of the order deeming matters admitted. Incense Specialties has filed the supplemental statement invited in the Court's r...
2019.5.10 Motion to Confirm Arbitration Award 529
Location: Sacramento
Judge: Rodda, Steven H
Hearing Date: 2019.5.10
Excerpt: ...3, 2018 (ROA 167). Four weeks later, the attorneys for the parties (but not the parties themselves) stipulated to class-wide arbitration based on the representation that most of the putative class members had signed arbitration agreements. The stipulation (ROA 170) provided for arbitration of all “disputes arising from or related to the facts pleaded in the Complaint,” and gave no indication that the role of the arbitrator would be to approve...
2019.5.10 Motion to Enforce Settlement 347
Location: Sacramento
Judge: Rodda, Steven H
Hearing Date: 2019.5.10
Excerpt: ...0. (Dale Decl., Exh. 1 at §§ II(F), III(1).) The parties executed the Settlement Agreement on or around May 2018. (Dale Decl., Exh. 1 at pg. 12.) In the Settlement Agreement the parties agreed: (1) to resolve the PAGA claims of all persons employed by Defendant in nonexempt positions in Defendant's California‐based warehouses as of August 7, 2016; (2) provide approximately $118,102.83 in net settlement payments to the Aggrieved Employees; (3)...
2019.5.10 Motion to Strike 323
Location: Sacramento
Judge: Rodda, Steven H
Hearing Date: 2019.5.10
Excerpt: ..., very minimal, and Trilogy was often dismissed from construction defect suits for waiver of costs or with payment of very little money. But Navigators directed its attorneys to avoid vigorously defending Trilogy and to try to use money Trilogy would have to reimburse to resolve claims. This created circumstances where other law firms Navigators selected were subject to conflicts of interest, often receiving conflicting instructions from their cl...
2019.5.10 Motion to Strike 798
Location: Sacramento
Judge: Rodda, Steven H
Hearing Date: 2019.5.10
Excerpt: ...intiff Smith as a passenger, and the ATV flipped and plaintiff was injured. In analyzing the request for punitive damages, the Court relies on Peterson v Superior Court ((1982) 31 Cal.3d. 147), where the California Supreme Court stated “the law in California had evolved in the area of punitive damages to the point where a finding of defendant's conscious disregard of the safety or rights of others would support an award of punitive damages.” ...
2019.5.10 Petition to Arbitrate and for Dismissal or Stay of Action 939
Location: Sacramento
Judge: Rodda, Steven H
Hearing Date: 2019.5.10
Excerpt: ...r this motion. The notation in the margin of the petition states "NO $." Failure to pay the filing fee is grounds for dropping the petition. A motion is void for failure pay the filing fee. (See, e.g. Gov't Code sec 70600 et. seq.; CCP § 411.20; Hu v. Silgan Containers Corp., (1999) 70 Cal. App. 4th 1261.) Accordingly, the Court rules on the motion as follows, provided that the filing fee is paid at or prior to the hearing. If the fi...
2019.5.10 Demurrer, Motion to Strike 411
Location: Sacramento
Judge: Rodda, Steven H
Hearing Date: 2019.5.10
Excerpt: ...Homeowners Association (13th cause of action) are sustained with 30 days leave to amend based on the failure of each challenged cause of action to state facts sufficient to constitute a cause of action. Defendants Professional Community Management of California, Inc. and Cabo Del Mar Homeowners Association's Motion to Strike is deemed moot and off calendar by virtue of their demurrer being sustained with leave to amend. Defendants AMC Inc. dba St...
2019.5.10 Motion for Preliminary Approval of Class Action Settlement 784
Location: Sacramento
Judge: Rodda, Steven H
Hearing Date: 2019.5.10
Excerpt: ...itted, a redline version showing all changes, deletions and additions shall be submitted as well. As to the Settlement: 1. The proposed Class Definition contained in Article I, subsection c, of the Settlement Agreement and ¶17 of the First Amended Complaint, references security guards or individuals in a “functionally equivalent position.” The Class Notice is directed to, and defines the Class as, only security guards. Please confirm that th...
2019.5.10 Motion for Terminating, Issue, or Evidentiary Sanctions 519
Location: Sacramento
Judge: Rodda, Steven H
Hearing Date: 2019.5.10
Excerpt: ...sed the car in 2013, and (according to his suit) he encountered a long train of significant problems with it. He demanded repurchase in February 2016, and filed this suit in March 2016. More than two years later, in July 2018, defendant served a notice of inspection of the vehicle. After some initial scheduling discussion, plaintiff's counsel informed defendant's counsel in September 2018 that plaintiff had sold the car and thus couldn't produce ...
2019.5.9 Motion to Compel Production of Docs 905
Location: Sacramento
Judge: Rodda, Steven H
Hearing Date: 2019.5.9
Excerpt: ...cific Bancorp, Inc. ("GPB") and Golden PacificBank, N.A. ("tiie Bank") in a previous litigation ("the BillFloat Litigation") that ultimately settled for what plaintiffs contend was an unreasonably low amount. Defendant Rick Fowler ("Fowler") is Kronick's Chief Operating Officer, GPB's single largest shareholder and a member of GPB's Board of Directors. In this case, GPB and the Bank have asserted numero...
2019.5.9 Motion for Judgment on the Pleadings 613
Location: Sacramento
Judge: Rodda, Steven H
Hearing Date: 2019.5.9
Excerpt: ...laintiff Essex Wayne Brown's as the Sacramento River Cats' manager of the visitor clubhouse during the 2014 and 2015 baseball seasons. This motion concerns Plaintiff's claim of race harassment by non‐employees Joe Metz ("Metz") and Phil Nevin ("Nevin") Metz and Nevin were employees of the Arizona Diamondbacks who were affiliated with the Reno Aces AAA baseball team. Defendant previously demurred to this cause of acti...
2019.5.9 Demurrer to Abate or Stay Complaint 111
Location: Sacramento
Judge: Rodda, Steven H
Hearing Date: 2019.5.9
Excerpt: ...n pending between the same parties on the same cause of action. Defendants contend that the only claim in this action, for allegedly inaccurate wage statements in violation of Labor Code §226(a), should be abated pending the completion of an earlier‐filed action now pending in the Sacramento Superior Court for the State of California‐ Robert Mendez and Khrystyne Moomau v. SSP America SMF LLC, Case No. 34‐2018‐ 00246123‐CU‐OE‐GDS (&...
2019.5.9 Motion to Compel Compliance with Subpoena 725
Location: Sacramento
Judge: Rodda, Steven H
Hearing Date: 2019.5.9
Excerpt: ...award in favor of HLG. HLG now seeks to enforce the $98,869.02 judgment entered on the arbitration award. Judgment Creditor subpoenaed records that Rick's wife third party Joy Hughes transmitted to her family law attorney Michael Deitrick. The subpoena was issued to Michael Deitrick and the Law Offices of Michael Deitrick ("Deitrick"). Deitrick has opposed the motion to compel compliance on behalf of Joy Hughes, contending all documen...
2019.5.9 Motion to Set Aside Default 763
Location: Sacramento
Judge: Rodda, Steven H
Hearing Date: 2019.5.9
Excerpt: ...s personally served with the lawsuit on January 16, 2019. Plaintiff's counsel, who had been negotiating with Defendant's insurer prior to the filing of the lawsuit, did not notify the insurer of her filing and service of the Complaint or her intent to seek default. Defendant's insurer had no record of notice of the lawsuit or of the default until March 6, 2019, or after, when the Request for Entry of Default had been filed and Plainti...
2019.5.8 Motion to Quash Subpoena 657
Location: Sacramento
Judge: Rodda, Steven H
Hearing Date: 2019.5.8
Excerpt: ... and Plaintiff 9250 Big Horn Holdings, Inc. (“Property Owner”) entered into a construction agreement with Defendant Sheba Development, LLC whereby Sheba world serve as the project developer for the building's construction. Plaintiffs contend that the general contractor's licensee died in early 2017 and Defendant continued serving as a general contractor despite not being licensed. This led to a lawsuit and ultimately a settlement pursuant...
2019.5.8 Motion for Settled Statement on Appeal 437
Location: Sacramento
Judge: Rodda, Steven H
Hearing Date: 2019.5.8
Excerpt: ...t serve and file in the superior court a motion to do so. (CRC Rule 8.137(b)(2).) The motion must be supported by a showing that a substantial cost saving will result and that the statement can be settled without significantly burdening opposing parties or the court; the designated oral proceedings cannot be transcribed; or the appellant cannot pay for a reporter's transcript even though the appellant does not have a fee waiver. (CRC Rule 8.137(b...
2019.5.7 Plea in Abatement 316
Location: Sacramento
Judge: Rodda, Steven H
Hearing Date: 2019.5.7
Excerpt: ...take judicial notice of the truth of facts asserted in documents such as orders, findings of fact and conclusions of law, and judgments." (Bach v. McNelis (1989) 207 Cal.App.3d 852, 865.) Voorhees moves pursuant to CCP §§ 430.10(a) and (c) and 597 on the grounds that there is another action pending between the same parties over which the Third District Court of Appeal retains exclusive jurisdiction. In opposition, Dodge argues the form of t...
2019.5.7 Petition to Compel Arbitration 539
Location: Sacramento
Judge: Rodda, Steven H
Hearing Date: 2019.5.7
Excerpt: ...the petition on the basis that Petitioner failed to timely and "formally" institute arbitration proceedings within two years of the accident date. On February 14, 2019, this Court denied without prejudice Petitioner's first petition to initiate uninsured motorist arbitration. (ROA 11.) Therein, the Court found Petitioner failed to formally institute arbitration proceedings pursuant to Insurance Code § 11580.2 by notifying Respondent in a...
2019.5.6 Petition to Compel Arbitration 309
Location: Sacramento
Judge: Rodda, Steven H
Hearing Date: 2019.5.6
Excerpt: ... lack the necessary foundation to show that Mr. Ginella can competently testify about the documents attached to his declaration. He states he has reviewed the records of the clients. There is no authentication for the attached documents by the custodian of records or other individual with personal knowledge. An affidavit purporting to authenticate a writing must meet the following requirements: (1) it must set forth facts with particularity; and ...
2019.5.6 Motion to Strike Portions of Complaint 147
Location: Sacramento
Judge: Rodda, Steven H
Hearing Date: 2019.5.6
Excerpt: ...und, at or near the intersection of 2nd Avenue, lona A. Opris was under the influence of alcoholic beverages and other intoxicants and intoxicated so as to render defendant unable to operate the motor vehicle in a safe manner. Despite the abovedescribed condition and defendant's knowledge thereof, defendant chose to consciously disregard the condition, which created an extreme danger and hazard to other persons using the public roadway. Defen...
2019.5.3 Motion to File Amended Complaint 983
Location: Sacramento
Judge: Rodda, Steven H
Hearing Date: 2019.5.3
Excerpt: ...Defendants are entities that allegedly owned, managed, and/or controlled the shopping center where the incident occurred. Plaintiff seeks leave to file a first amended complaint adding new causes of action for violation of the ADA, violation of the Elk Grove Municipal Code, violation of the Streets and Highways Code, violation of the Unruh Act, violation of Public Accommodations Law, and she also seeks to add prayers for injunctive relief and pun...
2019.5.3 Motion to Permit Interpleading of Funds 733
Location: Sacramento
Judge: Rodda, Steven H
Hearing Date: 2019.5.3
Excerpt: ...action for interpleader based on competing claims made upon it as to rent payments for a cell site where its telecommunications equipment is located. It requests an order that it deposit current and future rental payments with the Clerk of the Court. Plaintiff makes no claim against that sum. (CCP § 386.6(a).) Old Republic is entitled to dismissal form the complaint in interpleader upon deposit of the $7,500 with the Court. (CCP § 386.5.) Plain...
2019.5.3 Petition to Compel Arbitration 751
Location: Sacramento
Judge: Rodda, Steven H
Hearing Date: 2019.5.3
Excerpt: ... Kolyadich, the sellers of the home, for allegedly failing to disclose defective conditions in the home. Specifically it is alleged that the Kolyadich defendants failed to disclose that a granny suite was not permitted, that siding on the house was installed without permits, that the height of the granny suite's ceiling is not up to code, that the main beam in the ceiling of the residence's living area is not up to code which will require the roo...
2019.5.3 Motion for Summary Judgment, Adjudication 719
Location: Sacramento
Judge: Rodda, Steven H
Hearing Date: 2019.5.3
Excerpt: ...iation under CFRA, disability discrimination under FEHA, retaliation under FEHA and age discrimination under FEHA. Plaintiff was employed by Defendant as Senior Manager of Inpatient Operations in the Pharmacy Department and claims that she was terminated because she had cancer or because she made complaints about a plan to restructure her position when she returned from medical leave. Defendant's separate statement includes the following. Plainti...
2019.5.2 Demurrer, Motion to Strike 887
Location: Sacramento
Judge: Rodda, Steven H
Hearing Date: 2019.5.2
Excerpt: ...est for judicial notice of the standard forms used by the California Association of Realtors is denied. This action arises from Plaintiff's purchase of a single family home located at 9112 Durness Way in Sacramento, California (the “Property”) in or about October 2017. Keller Williams represented Plaintiff, the buyer in the purchase. Plaintiff filed his Complaint against Keller Williams and other defendants on December 19, 2018, alleging Kell...
2019.5.2 Demurrer 361
Location: Sacramento
Judge: Rodda, Steven H
Hearing Date: 2019.5.2
Excerpt: ...urance Company (the insurer and assignee of Cross‐Defendant / the Surgery Center), brought this subrogation related lawsuit against Cross‐Complainant for allegedly causing water loss at the Surgery Center's property on October 6, 2017. Plaintiff claims Cross‐Complainant caused the water loss by striking a sprinkler head and flooding the Surgery Center's property at 1800 Tribute Road, Suite 100, Sacramento, California, which resulted in ...
2019.5.2 Motion for Summary Judgment, Adjudication 643
Location: Sacramento
Judge: Rodda, Steven H
Hearing Date: 2019.5.2
Excerpt: ... decision on the motion. (Code Civ. Proc., § 437c, subd. (q).) In this action Plaintiff Eleanor Mark (“Plaintiff”) alleges causes of action for personal injury (premises liability) and negligence per se against numerous defendants, including Traynor, in connection with injuries she sustained when she fell off a sidewalk at a Rite Aid store in Elk Grove. Plaintiff claims she fell off a sidewalk at the property on February 15, 2014, and was in...
2019.5.2 Motion to File Amended Complaint 733
Location: Sacramento
Judge: Rodda, Steven H
Hearing Date: 2019.5.2
Excerpt: ... Code § 3412, quiet title, and constructive trust. Plaintiff filed the First Amended Complaint on November 16, 2018, to add GR8 Track, Inc., Green Custodial Institute LLC, Green Custodial Institute, and Simple Signings, LLC as defendants. Generally, Plaintiff alleges that in July 2017 she moved into the "family home" at 7050 Cromwell Way in Sacramento with defendant Kevin Johnson who lived there rent free. She alleges Defendant Johnson t...
2019.4.29 Motion for Preliminary Injunction 215
Location: Sacramento
Judge: Rodda, Steven H
Hearing Date: 2019.4.29
Excerpt: ...t of judicial notice on demurrer].) The court, however, does not accept the truth of any facts within the judicially noticed documents except to the extent such facts are beyond reasonable dispute. (See Poseidon Devel., 152 Cal.App.4th at 1117‐18.) see also Fontenot v. Wells Fargo Bank, N.A. (2011) 198 Cal.App.4th 256, 265 (“[A] court may take judicial notice of the fact of a document's recordation, the date the document was recorded and exec...
2019.4.29 Motion for Preliminary Approval of Class Settlement 515
Location: Sacramento
Judge: Rodda, Steven H
Hearing Date: 2019.4.29
Excerpt: ...34‐2015‐00182515), Gentry v. Eugene Burger Management Corporation (34‐2016‐ 0011194015), and Gentry v. Eugene Burger Management Corporation (34‐2016‐ 00192291). Bigby v. Eugene Burger Management Corporation (34‐2015‐00182515) is the lead case. Bigby v. Eugene Burger Management Corporation (34‐2015‐00182515) is an action brought under the California Private Attorney General Act ("PAGA Action"). Gentry v. Eugene Burger M...
2019.4.29 Motion for Determination of Good Faith Settlement 959
Location: Sacramento
Judge: Rodda, Steven H
Hearing Date: 2019.4.29
Excerpt: ... Department 53 by the time of the hearing. The Proof of Service indicates some, but not all, of the crossdefendants were served with this motion. Assuming service is shown to be proper, the Court rules as follows. If service is not shown to have been properly effected on all of the cross‐defendants, this matter will be dropped. In this construction defect action, Sierra cross‐complained against WWF and other cross‐defendants for indemnity, ...
2019.4.29 Motion for Determination of Good Faith Settlement 011
Location: Sacramento
Judge: Rodda, Steven H
Hearing Date: 2019.4.29
Excerpt: ...laintiffs sued Centex Homes, the developer of the properties, and seek the cost to effectuate any necessary repairs. Centex filed a cross‐complaint for indemnification against the various subcontractors, including Adland, which provides and installs decorative fireplace mantels. One of the insurance carries for Adland, St. Paul Mercury Insurance Company, has negotiated a settlement on behalf of Adland with Plaintiffs. In exchange for a waiver o...
2019.4.29 Demurrer 485
Location: Sacramento
Judge: Rodda, Steven H
Hearing Date: 2019.4.29
Excerpt: ... Housing (“DFEH”) (Lanisa Larrabee v. City of Sacramento, et al., Department of Fair Employment and Housing No. 201801‐ 00663605) is GRANTED. In taking judicial notice of this document, the Court accepts the fact of its existence, not the truth of its contents. This is an employment action arising out of Plaintiff's employment with the City of Sacramento (the “City”). Plaintiff began working for the City in November 1998. (FAC ¶ 6.) Pl...
2019.4.29 Motion to Compel Production of Docs 624
Location: Sacramento
Judge: Rodda, Steven H
Hearing Date: 2019.4.29
Excerpt: ...quests for production of documents is DENIED. In this employment action, Plaintiff alleges claims of retaliation, gender discrimination, sexual harassment, race discrimination, and race harassment based upon the alleged misconduct of Kendall, who was Plaintiff's supervisor. On October 30, 2018, Plaintiff served identical Form Interrogatories (Employment) on both Defendants and identical Requests for Production of Documents. (Perez Decl. ¶ 3, Exh...
2019.4.26 Motion to Set Aside Default, Judgment 395
Location: Sacramento
Judge: Rodda, Steven H
Hearing Date: 2019.4.26
Excerpt: ...iled by the time of the hearing, the matter will be dropped from calendar. Defendant seeks relief from default pursuant to CCP 473(b), contending that the purported substitute service was defective, and therefore he acted with excusable neglect in not filing a timely Answer. The default was entered on February 19, 2019. The proof of service states that substituted service occurred at defendant's address on December 11, 2018. Substitute servic...
2019.4.26 Motion to Compel Production of Docs 479
Location: Sacramento
Judge: Rodda, Steven H
Hearing Date: 2019.4.26
Excerpt: ... On April 14, 2015, the Court granted Judgment Creditor's Special Motion to Strike plaintiff's causes of action. The Court subsequently granted their Motion for Attorneys fees in the amount of $22,284. (Ex. C to the Declaration of Daniel J. Bardzell) Judgment Creditors served the instant post‐judgment discovery (Ex. N) on October 9, 2018. Judgment debtor/plaintiff failed to provide any responses to the discovery. Judgment Creditors sent...
2019.4.26 Demurrer 671
Location: Sacramento
Judge: Rodda, Steven H
Hearing Date: 2019.4.26
Excerpt: ...om August 2014 to January 2018. Plaintiff was a member of Defendant's sales team who solicited homeowners who experienced fire damage to their homes to enter into home improvement contracts covered under their homeowners' policies. Plaintiff received commissions on all contracts he obtained. Plaintiff contends his commissions were improperly calculated. On August 13, 2018, Plaintiff filed a complaint against Golden Coast Construction & Re...
2019.4.25 Demurrer 263
Location: Sacramento
Judge: Rodda, Steven H
Hearing Date: 2019.4.25
Excerpt: ...or Commissioner”) is OVERRULED. Background In this case, Plaintiff seeks to recover damages and relief for the People of the State of California for Defendant's alleged violations of the Labor Code's prohibitions against retaliation. Plaintiff allegedly conducted an investigation of Complainant Raphaela Ramirez's (“Complainant's”) claim that Defendants retaliated against her when she took a sick day, asked to be paid for it, and filed claim...
2019.4.25 Demurrer 031
Location: Sacramento
Judge: Rodda, Steven H
Hearing Date: 2019.4.25
Excerpt: ...lla and Floyd Chodosh (collectively, “Plaintiffs”) is UNOPPOSED and is SUSTAINED WITHOUT LEAVE TO AMEND. In this action, plaintiffs Plaintiffs allege Defendants have failed to take adequate action in response to reports of judicial misconduct and improperly hid the nature of its investigations from the public. Plaintiffs also allege Defendants violated the state constitution, violated the separation of powers, wasted taxpayer funds, and misus...
2019.4.25 Motion for Attorney Fees 381
Location: Sacramento
Judge: Rodda, Steven H
Hearing Date: 2019.4.25
Excerpt: ...as able to prepare a substantive Reply, which the Court has also considered. Background Plaintiff and Defendant settled their case just as the jury was ready to be called for trial in this consumer “lemon law” case. The Song‐Beverly Act, Civil Code sections 1790, et seq., entitles Plaintiff to seek reasonable attorney's fees, costs and expenses from FCA. Plaintiff contends that he is the prevailing party in this matter and is therefore ...
2019.4.25 Motion to Compel Further Responses 279
Location: Sacramento
Judge: Rodda, Steven H
Hearing Date: 2019.4.25
Excerpt: ...cial Interrogatory Nos. 20 and 21 without objection by May 9, 2019. This is an insurance bad faith case and action for breach of contract. Plaintiff alleges that he was insured by Geico under an automobile policy covering his Mercedes Benz CL600. Plaintiff alleges his car was damaged on September 16, 2016 and that Geico denied his claim in violation of the insurance agreement and the covenant of good faith and fair dealing. Plaintiff alleges that...
2019.4.25 Motion for Appointment of Discovery Referee 661
Location: Sacramento
Judge: Rodda, Steven H
Hearing Date: 2019.4.25
Excerpt: ...untary Dismissal of the Third Amended Complaint on January 23, 2018 (ROA 527). On April 5, 2018, in Department 54, the Court denied the motion to vacate the voluntary dismissal in that case, finding that the "attorney neglect" upon which the motion was based did not fall under the mandatory fault provisions of CCP 473. After Plaintiff's motion to vacate his voluntary dismissal [which was filed without prejudice] was denied, he filed t...
2019.4.25 Motion to Vacate Dismissal, Enter Judgment 721
Location: Sacramento
Judge: Rodda, Steven H
Hearing Date: 2019.4.25
Excerpt: ...ty has indicated the incorrect address in its notice of motion. The correct address for Departments 53 and 54 of the Sacramento County Superior Court is 813 6th Street, Sacramento, California, 95814. Moving party shall notify responding party(ies) immediately. The Court's inquiry in ruling on a motion for judgment pursuant to CCP §664.6 is generally limited to a determination of whether the parties entered into a valid and binding settlement...
2019.4.24 Motion for Sanctions for Misuse of Discovery Process 368
Location: Sacramento
Judge: Rodda, Steven H
Hearing Date: 2019.4.24
Excerpt: ...ws. Plaintiffs move for $7,975 in monetary sanctions against Defendant ZB, N.A. dba California Bank & Trust (“Bank”) and its counsel. Trial is scheduled for November 5, 2019. The Court continued this matter for the parties to meet and confer to clarify the proper defendant at issue in this motion. The Court noted that Plaintiffs moved for sanctions against “Defendants, ZB, N.A., a National Banking Association dba California Bank & Trust (...
2019.4.24 Motion for Judgment on the Pleadings 564
Location: Sacramento
Judge: Rodda, Steven H
Hearing Date: 2019.4.24
Excerpt: ...The Court may not and did not consider plaintiff's declaration filed in opposition to this motion. Such “extrinsic evidence” may not be considered in connection with a motion for judgment on the pleadings where, like a demurrer, the Court may consider only those facts properly alleged in the challenged pleading and those for which judicial notice is both requested and granted. Factual Background This action was commenced on 12/29/2017. The 2A...
2019.4.23 Motion for Preliminary Approval of Class Action 656
Location: Sacramento
Judge: Rodda, Steven H
Hearing Date: 2019.4.23
Excerpt: ...poses of settlement; (3) preliminarily appoint Shimoda Law Corporation as class counsel for purposes of settlement; (4) preliminarily approve the proposed class action settlement amount of $251,734.59; (5) preliminarily approve application for payment to class counsel of attorney fees in the amount of $88,107.11 (35% of the Gross Settlement Amount); (6) preliminarily approve application for payment to class counsel of reasonable costs not to exce...
2019.4.22 Demurrer 470
Location: Sacramento
Judge: Rodda, Steven H
Hearing Date: 2019.4.22
Excerpt: ... hearing. The Court's tentative ruling is as follows: The demurrer of defendant Steve White, Judge, to the complaint of plaintiff in pro per Clark is UNOPPOSED and is SUSTAINED without leave to amend, as follows. The complaint in this action is largely incoherent but appears to relate to plaintiff's prior criminal prosecution, conviction and resulting prison sentence. Plaintiff seems to contend that Judge White misapplied statutory law during the...
2019.4.19 Demurrer, Motion to Dismiss 594
Location: Sacramento
Judge: Rodda, Steven H
Hearing Date: 2019.4.19
Excerpt: ...** Defendants Nissan North America, Inc. (“NNA”) and Nissan Motor Co., LTD.'s (“NMCL”) (collectively “Defendants”) demurrer to Plaintiffs' complaint is ruled upon as follows. Overview This is an action for wrongful death, strict liability and breach of warranties. Decedent is Jan Tingey (“Jan”). Plaintiffs are the decedent's husband (“Jeffrey”) and child (“Samantha”). On 3/20/2016, Jan and Jeffrey were involved in a car cr...
2019.4.19 Demurrer 402
Location: Sacramento
Judge: Rodda, Steven H
Hearing Date: 2019.4.19
Excerpt: ...‐ day period, as well as essential services disability coverage of $45.00 per week. Plaintiff alleges that on 7/2/2016, he was involved in rear‐end auto accident. As a result of the accident, he was disabled and unable to operate his 40 acre‐vineyard. Plaintiff alleges that USAA has refused to pay any wage earner disability payments and has made only partial payment of essential services disability benefit payments to Plaintiff. He alleges ...
2019.4.19 Motion to Dismiss 232
Location: Sacramento
Judge: Rodda, Steven H
Hearing Date: 2019.4.19
Excerpt: ...d upon as follows. Defendants' request for judicial notice is granted. In taking judicial notice of these documents, the court accepts the fact of their existence, not the truth of their contents. (See Professional Engineers v. Dep't of Transp. (1997) 15 Cal.4th 543, 590; Steed v. Department of Consumer Affairs (2012) 204 Cal.App.4th 112, 120‐121.) This action arises from the purchase of a legal services business named California Legal Pros (&#...
2019.4.19 Motion for Summary Judgment, Adjudication 290
Location: Sacramento
Judge: Rodda, Steven H
Hearing Date: 2019.4.19
Excerpt: ...eges that Defendant failed to complete the installation of the roofing, failed to properly flash the roofing and install the metal roofing components. No trial is scheduled. Defendant moves for summary judgment on the ground that the action is barred by the 10‐year statute of limitations in CCP §337.15. CCP § 337.15(a), provides that no action may be brought to recover damages for latent defects more than 10 years after the substantial comple...
2019.4.19 Motion to Compel Arbitration 654
Location: Sacramento
Judge: Rodda, Steven H
Hearing Date: 2019.4.19
Excerpt: ...nconscionable. The only argument Plaintiff makes is that Defendant has failed to show that Plaintiff signed the arbitration agreement. Plaintiff's argument is based on the theory that the Declarations of Terrance Risse (“Risse”) and April Duena‐Davis (“Duenas‐Davis”) are inadmissible. Plaintiff objects to both declarations on the grounds that the declarations lacks personal knowledge, assumes facts not in evidence, and is hearsay. The...
2019.4.2 Motion to Strike (SLAPP) 419
Location: Sacramento
Judge: Rodda, Steven H
Hearing Date: 2019.4.2
Excerpt: ...ia (“Plaintiff”) filed this action on August 24, 2018, alleging medical malpractice against Defendant. Plaintiff filed a First Amended Complaint (“FAC”) on October 18, 2018, alleging medical malpractice, breach of fiduciary duty, fraud, defamation, and infliction of emotional distress. The FAC was served by substituted service on November 8, 2018. Defendant demurred to the FAC, and on February 6, 2019, the Court sustained the demurrer as ...
2019.2.26 Motion for Preliminary Approval of Class Action Settlement 101
Location: Sacramento
Judge: Rodda, Steven H
Hearing Date: 2019.2.26
Excerpt: ...ertifying the proposed class herein for purposes of settlement; 2. Preliminarily appointing Plaintiff Henry Cress and Plaintiff Jeanine Roberts as class representatives for purposes of settlement; 3. Preliminarily appointing the Shimoda Law Corp. as class counsel for purposes of settlement; 4. Preliminarily approving the proposed class action settlement, which is incorporated herein by reference; 5. Preliminarily approving the application for pay...
2019.2.26 Motion to Compel Production of Docs 087
Location: Sacramento
Judge: Rodda, Steven H
Hearing Date: 2019.2.26
Excerpt: ...es she showed the classic signs of a stroke and that her co‐workers were aware that she had had a stroke but that they failed to provide medical assistance. They allegedly placed her in an office and accused her of being under the influence of drugs or alcohol, then made her take a drug/alcohol test. She was thereafter sent home with a friend who took her to the emergency room to be treated for the stroke. She alleges causes of action for false...
2019.2.26 Motion to Dismiss Action for Failure to Comply 647
Location: Sacramento
Judge: Rodda, Steven H
Hearing Date: 2019.2.26
Excerpt: ... court order August 20, 2018 and the court order of October 30, 2018, compelling plaintiff to provide verified responses, without objections, to defendant's form interrogatories, set one, special interrogatories, set one, and request for production of documents, set one. The responses were to be served no later than November 8, 2018. The Court's first ruling compelling plaintiff's discovery responses was August 20, 2018, which require...
2019.2.26 Motion to Quash Service of Summons and Complaint 769
Location: Sacramento
Judge: Rodda, Steven H
Hearing Date: 2019.2.26
Excerpt: ...uary 18 was a court holiday). The Court has discretion to not consider late filed papers, however the court has considered the arguments therein and rejected them. Defendant moves to set aside the default as void under CCP 473(d), the Due Process Clause of the 14th Amendment to the U.S. Constitution, and CCP 418.10 on the grounds that he was never served with the summons and complaint. Default was entered October 17, 2017. No Judgment has yet bee...
2019.2.25 Motion to Compel Production of Docs 753
Location: Sacramento
Judge: Rodda, Steven H
Hearing Date: 2019.2.25
Excerpt: ..., alleges that she was the victim of sexual abuse perpetrated by Defendant Joshua Vasquez during her attendance at an after school program at a Sacramento City Unified School District elementary school. Plaintiff alleges causes of action against moving Defendants and others for Negligent Supervision, Investigation and Retention of an Employee, Negligent Supervision of Plaintiff, a minor, the 3rd for Negligence and Negligent Failure to Warn. At is...
2019.2.25 Motion to Compel Mental Exam 407
Location: Sacramento
Judge: Rodda, Steven H
Hearing Date: 2019.2.25
Excerpt: ...revent discrimination and retaliation, failure to engage in the interactive process, and failure to make reasonable accommodation. Plaintiff alleges that he repeatedly sought medical treatment and took leave of absence as a result of a psychiatric condition. He alleges that he suffers from mental disabilities. Plaintiff seeks damages for lost past and future income, benefits, employment, and career opportunities, as well as past and ongoing emoti...
2019.2.25 Motion for Summary Judgment 167
Location: Sacramento
Judge: Rodda, Steven H
Hearing Date: 2019.2.25
Excerpt: ... action against numerous defendants in connection with the treatment and care provided to Richard Novo, Sr. (the “Decedent”). Plaintiffs allege that Defendants were negligent in connection with a right thoracotomy with gastric pull up and distal esophagectomy performed on April 6, 2016. Defendant seeks summary judgment on the basis that the care he provided met the applicable standard of care. Defendant provided an expert declaration demonstr...
2019.2.25 Demurrer 777
Location: Sacramento
Judge: Rodda, Steven H
Hearing Date: 2019.2.25
Excerpt: ...us was suspended as of December 3, 2018 and remained suspended as of the date Defendants' reply was filed. As it stands, Plaintiff ClickSmart cannot oppose the instant demurrer until it cures the suspension. Plaintiff Advermail opposed the demurrer, and even though Plaintiffs' counsel represents both Advermail and ClickSmart, the current opposition was only filed on behalf of Advermail (likely given ClickSmart's suspeneded status). On...
2019.2.25 Demurrer, Motion to Strike 447
Location: Sacramento
Judge: Rodda, Steven H
Hearing Date: 2019.2.25
Excerpt: ...ir dealing. Plaintiff alleges that he was under contract with the DSH since 1997 to perform evaluations of Mentally Disordered Offenders (“MOD”). (AC ¶ 8.) He was engaged to perform similar evaluations for Sexually Violent Predators (“SVP”) in 2005. (Id.) Plaintiff alleges that he conducted a SVP evaluation of “Xxx” beginning in 2009 who was a client of Defendant David Santiago, Los Angeles Deputy Public Defender. Plaintiff alleges t...
2019.2.22 Motion to Pay Judgment in Installments 319
Location: Sacramento
Judge: Rodda, Steven H
Hearing Date: 2019.2.22
Excerpt: ...im of exemption, offering to pay $100 per month instead of having the statutory amount withheld, which would have been greater. Plaintiff then served a modification order to the employer requesting only $100 per month. After $12 is deducted each month for administrative fees, Plaintiff receives $88 each month to apply to the outstanding judgment. Smith now moves for a Court order that he may pay the Judgment in installments of $75 per month, paya...
2019.2.22 Motion to Compel Production of Docs, to Deem Matters Admitted 733
Location: Sacramento
Judge: Rodda, Steven H
Hearing Date: 2019.2.22
Excerpt: ...11, 12, 18, 21‐23, 25, 33, 37, 38, 41, 42, 48‐50, 53, 54, 56, 67, 59, 60, 63, 64, 66, and 70‐73 is GRANTED. This is a Lemon Law action involving a 2012 Kia Optima, which Plaintiffs allege suffered from engine defects. Plaintiffs allege Kia knew the vehicle suffered from these defects, was unable to repair them, but nevertheless refused to repurchase the vehicle. Plaintiffs served the discovery on July 9, 2018, and gave Kia until September 1...
2019.2.22 Motion to Compel Deposition, to Quash Deposition Subpoena 395
Location: Sacramento
Judge: Rodda, Steven H
Hearing Date: 2019.2.22
Excerpt: ...laintiffs' request for judicial notice is granted. In taking judicial notice of these documents, the court accepts the fact of their existence, not the truth of their contents. (See Professional Engineers v. Dep't of Transp. (1997) 15 Cal.4th 543, 590 [judicial notice of findings of fact does not mean that those findings of fact are true]; Steed v. Department of Consumer Affairs (2012) 204 Cal.App.4th 112, 120‐121 [“[W]hile the existence ...
2019.2.22 Motion for Final Approval of Class Action Settlement 799
Location: Sacramento
Judge: Rodda, Steven H
Hearing Date: 2019.2.22
Excerpt: ...he settlement. In this wage and hour action, Plaintiff alleges, among other things, that Defendant Sierra Canam, Inc. committed numerous wage and hour violations, failed to furnish itemized wage statements, failed to pay minimum wages, failed to pay overtime wages, and failed to pay timely wages upon cessation of employment. Plaintiff also alleges that Defendant violated Bus. & Prof. Code § 17200 and seeks penalties pursuant to PAGA. The trial c...
2019.2.22 Demurrer, Motion to Strike 765
Location: Sacramento
Judge: Rodda, Steven H
Hearing Date: 2019.2.22
Excerpt: ...n untimely opposition on February 11, 2019, only seven days prior to the scheduled hearing date, in violation of CCP § 1005. Defendants move to strike paragraphs 12, 14‐25, 27‐28, 30‐31, 33‐35, 37‐39, 47‐53, 56‐60, 62, 64‐67, 71, and 75 on the grounds the assertions are irrelevant or improper as they are allegations regarding evidentiary facts rather than ultimate facts. Under section 436, the court may “[s]trike out any irrele...
2019.2.22 Demurrer, Motion to Strike 687
Location: Sacramento
Judge: Rodda, Steven H
Hearing Date: 2019.2.22
Excerpt: ...Court considered the opposition. Plaintiffs filed a single opposition to both the demurrer and motion to strike. While the caption indicates it is an opposition to the motion to strike, the substance of the opposition does nothing to specifically discuss or rebut the claims in Raley's motion to strike. The opposition appears directed substantively at the demurrer. Accordingly, for all intents and purposes, this motion is essentially unopposed. De...

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