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Location: Sacramento x
Judge: Rodda, Steven H x
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...
2019.5.13 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 ...
2019.5.10 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...
2019.5.9 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 (&...
2019.5.8 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...
2019.5.8 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...
2019.5.7 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...
2019.5.7 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...
2019.5.6 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...
2019.5.6 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 ...
2019.5.3 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...
2019.5.3 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...
2019.5.2 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...
2019.5.2 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...

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