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Location: Sacramento x
Judge: Rodda, Steven H x
2018.7.25 Motion to Quash Deposition Subpoena 566
Location: Sacramento
Judge: Rodda, Steven H
Hearing Date: 2018.7.25
Excerpt: ... that she began her employment with Defendant SNYIR, Inc. dba Two Men and a Truck Sacramento, in December 2015. In April 2016, she was admitted to the hospital due to health complications related to her pregnancy and her daughter was born three months premature. She alleges that Defendant would not allow her to return to fulltime work after she returned from maternity leave. In July 2016, Plaintiff resigned because she could not afford a baby‐s...
2018.7.25 Motion to Compel Responses, Requests for Admission 526
Location: Sacramento
Judge: Rodda, Steven H
Hearing Date: 2018.7.25
Excerpt: ...f dangerous condition of public property. Plaintiff allegedly was injured while crossing in an unmarked City crosswalk. Plaintiff's responses were untimely. Thus, her objections have been waived. Form Interrogatory 8.8: GRANTED This form interrogatory concerns Plaintiff's loss of future income. It seeks the facts upon which Plaintiff bases her loss of future income, an estimate of the amount, an estimate of how long she will be unable to ...
2018.7.25 Motion to Compel Requests for Admission 526
Location: Sacramento
Judge: Rodda, Steven H
Hearing Date: 2018.7.25
Excerpt: ...pursue on a theory of dangerous condition of public property. Plaintiff allegedly was injured while crossing in an unmarked City crosswalk. Plaintiff's responses were untimely. Thus, her objections have been waived. Defendant moves to compel Plaintiff's further responses to RFA nos. 23, 24, 25, 27, 28, 29, 30, 33, 35, 36 and 37. RFA 23, 24, 25, 27, 28, 29, 30, 33 ‐ GRANTED These RFAs seek Plaintiff's admission regarding the authenti...
2018.7.25 Motion for Terminating Sanctions 692
Location: Sacramento
Judge: Rodda, Steven H
Hearing Date: 2018.7.25
Excerpt: ...because the sanction eliminates a party's fundamental right to a trial, thus implicating due process rights. The trial court should select a sanction that is tailored to the harm caused by the withheld discovery. Sanctions should be appropriate to the dereliction, and should not exceed that which is required to protect the interests of the party entitled to but denied discovery. (Lopez v. Watchtower Bible & Tract Society of New York, Inc. (20...
2018.7.25 Motion for Summary Judgment, Adjudication 058
Location: Sacramento
Judge: Rodda, Steven H
Hearing Date: 2018.7.25
Excerpt: ...f will be addressed at the hearing and the parties should be prepared to point to specific evidence which is claimed to show the existence or non‐existence of a triable issue of material fact. *** Defendant Cordova Recreation and Park District's (“District”) motion for summary judgment, or in the alternative, summary adjudication is ruled upon as follows. This case arises from allegations of discrimination and retaliation under the FEHA and...
2018.7.25 Motion for Protective Order 194
Location: Sacramento
Judge: Rodda, Steven H
Hearing Date: 2018.7.25
Excerpt: ...ntiff pleads causes of action under the FEHA and the CFRA. He alleges among other things that the County discriminated against him because he is African‐American and he was disciplined for taking medical leave to care for his wife while non‐African‐American employees were not similarly disciplined. Plaintiff further asserts the County failed to correct its employees' illegal practices after he complained and the reasons offered for the ...
2018.7.24 Motion to Tax Costs 476
Location: Sacramento
Judge: Rodda, Steven H
Hearing Date: 2018.7.24
Excerpt: ...before the Labor Commissioner, this court entered a judgment in the amount of $50,578.61. On 6/04/18, Taylor filed a memorandum of costs, and WellSpace filed this timely motion to tax. (See Lab. Code § 98.2(k) [“The judgment creditor […in an action on a complaint with the Labor Commissioner], is entitled to court costs and reasonable attorney's fees for enforcing the judgment that is rendered pursuant to this section”].) In ruling upon a m...
2018.7.24 Motion for Protective Order 330
Location: Sacramento
Judge: Rodda, Steven H
Hearing Date: 2018.7.24
Excerpt: ...and 67 requests for admissions. Madden argues the discovery is excessive, duplicative, beyond the scope of discovery and unduly burdensome. The motion is supported by the Ritchey Declaration, in which counsel purports to authenticate several exhibits. The exhibits, however, are not attached. Madden's failure to file exhibits that it contends substantiate the motion is grounds for a denial. But even if Madden had filed a complete version of the mo...
2018.7.24 Demurrer, Motion to Strike 422
Location: Sacramento
Judge: Rodda, Steven H
Hearing Date: 2018.7.24
Excerpt: ...ounsel shall file all requests for judicial notice as separate documents pursuant to CRC 3.1113(l).) Plaintiff Sohrab Mansourian's (Mansourian) third amended complaint (TAC) filed without leave of court on 6/19/18 is STRICKEN. This is a dispute between attorney and client. Mansourian was the client. The SAC contains causes of action against one or both Defendants for breach of contract and negligence. Mansourian alleges Defendants misadvised him ...
2018.7.23 Motion for Determination of Good Faith Settlement, to Dismiss 032
Location: Sacramento
Judge: Rodda, Steven H
Hearing Date: 2018.7.23
Excerpt: ...hat its settlement with Plaintiff Elk Grove Milling Inc. (Elk Grove) is in good faith. The settlement requires Airco to pay Elk Grove $67,500. It also requires Airco to cooperate with Elk Grove in the remaining litigation by (1) producing witnesses at deposition and/or trial without a subpoena, (2) providing nonprivileged information and documents not previously provided, and (3) producing employees at a meeting with Elk Grove's counsel, not to e...
2018.7.23 Motion to Compel Deposition 194
Location: Sacramento
Judge: Rodda, Steven H
Hearing Date: 2018.7.23
Excerpt: ...orney against whom the sanction is sought, and specify the type of sanction sought.” Defendant Garzon has filed a statement of non‐opposition to this motion to compel his deposition, although he contends plaintiff's request for sanctions should be denied for various reasons. In light of the foregoing, plaintiff's motion to compel this deposition is granted. The parties shall meet‐and‐confer to find a mutually agreeable date, time and loca...
2018.7.23 Motion for Summary Judgment, Adjudication 625
Location: Sacramento
Judge: Rodda, Steven H
Hearing Date: 2018.7.23
Excerpt: ...but defendant never made any payments on these bills which were subsequently assigned by SCIF to plaintiff for collection. Plaintiff now moves for summary judgment/adjudication on its two causes of action on the grounds that plaintiff has established each element of its causes of action and defendant has no defense. The Court finds that plaintiff has satisfied its initial burden under Code of Civil Procedure §437c(p)(1), which thereby shifts the...
2018.7.23 Demurrer 274
Location: Sacramento
Judge: Rodda, Steven H
Hearing Date: 2018.7.23
Excerpt: ...urrer of defendants The Regents of the University of California (“Regents”), Tony Lai, M.D. (“Dr. Lai”), Alla Blinder, D.O. (“Dr. Blinder”) and Paul Kreis, M.D. (“Dr. Kreis”) (collectively “Defendants”) to the Second Amended Complaint (“2AC”) is OVERRULED in part and SUSTAINED in part, without leave to amend, as follows. *** If oral argument is requested in an attempt to obtain leave to amend, plaintiff shall be prepared t...
2018.7.20 Demurrer, Motion to Strike 540
Location: Sacramento
Judge: Rodda, Steven H
Hearing Date: 2018.7.20
Excerpt: ... in Welfare & Institutions Code §15610.57)" (TAC, ¶64.) These phrases are included in the wrongful death cause of action. According to Regents, Plaintiff is improperly attempting to base her wrongful death cause of action on the elder abuse statute, when both are separate and distinct causes of action. Regent insists that Plaintiff is "redefin[ing]" the term "neglect" from its common understanding to the statutory Elder Abus...
2018.7.19 Motion for Summary Judgment, Adjudication, to Compel Production 058
Location: Sacramento
Judge: Rodda, Steven H
Hearing Date: 2018.7.19
Excerpt: ...dication of issues is GRANTED in part and DENIED in part. The court disregards written objections to evidence submitted solely in a separate statement. On summary judgment, a party wishing to object in writing must do so in a stand‐alone document and in the format prescribed in CRC 3.1354(b). The court likewise disregards evidence submitted with the reply, to which Plaintiff Juvoni Sterling (Sterling) has had no opportunity to respond. (See Naz...
2018.7.19 Demurrer 264
Location: Sacramento
Judge: Rodda, Steven H
Hearing Date: 2018.7.19
Excerpt: ...Defendant Greenspoon Marder LLP's (GM) demurrer to the first amended complaint (FAC) is OVERRULED. Overview This is a nonjudicial foreclosure case. The plaintiffs are Rhonda James and Andre Monroe (collectively “Plaintiffs”.) Plaintiffs allege that GM, without having been substituted as trustee under the deed of trust, acted as the foreclosing trustee and caused their home to be sold at auction in February 2018. Plaintiffs allege that they su...
2018.7.18 Motion for Summary Adjudication 454
Location: Sacramento
Judge: Rodda, Steven H
Hearing Date: 2018.7.18
Excerpt: ... Centex Homes and Centex Real Estate Corporation (collectively, “Centex”). Centex opposes. Travelers' Motion for Summary Adjudication of the Second Cause of Action for Breach of Contract is DENIED. Request for Judicial Notice Travelers' Request for Judicial Notice (“Traveler's RJN”), which attaches court orders in other cases (Exhs. 1‐4) and a pleading filed in this action (Exh. 5), and Travelers' Supplemental RJN (“Supp'l RJN”), wh...
2018.7.17 Motion to Tax Costs 106
Location: Sacramento
Judge: Rodda, Steven H
Hearing Date: 2018.7.17
Excerpt: ...provide sufficient notice of the motion. The motion was untimely by 2 calendar days. The City, however, has substantively opposed the motion. Therefore, any defect in notice has been waived. Legal Standard On a motion to tax costs the burden of proof shifts between the parties. If the items in the cost bill appear to be proper and reasonable, the burden is on the party seeking to tax costs to show they were not reasonable or necessary. (Ladas v. ...
2018.7.17 Motion to Stay Action 538
Location: Sacramento
Judge: Rodda, Steven H
Hearing Date: 2018.7.17
Excerpt: ...made an offer to repair. Declaration of P. Elizabeth Arias (“Arias Decl.”), Ex. 6.) Defendant agreed to request from the manufacturer/installer to increase the size of the weep holes in certain windows to accommodate a larger volume of water draining out of the window channel. (Id .) Defendant's offer stated that “Ms. Dosty will need to acknowledge that the larger weep may, in the event of a storm/wind event, permit wind driven water back t...
2018.7.17 Motion to Compel Production of Docs 560
Location: Sacramento
Judge: Rodda, Steven H
Hearing Date: 2018.7.17
Excerpt: ...ded responses. The motion, however, is not moot. A motion is "made" when it is filed and served. (CCP § 1005.5.) Because Plaintiff made the motion before Defendant served the amended responses, Plaintiff is entitled to a ruling. Defendant, however, need not reserve the discovery responses. The Court makes no determination regarding the sufficiency of Defendant's amended responses. Both parties' requests for sanctions are DENIED. ...
2018.7.17 Motion for Judgment on the Pleadings 170
Location: Sacramento
Judge: Rodda, Steven H
Hearing Date: 2018.7.17
Excerpt: ...t Ocwen Loan Servicing, LLC's (“Ocwen”) motion for judgment on the pleadings is ruled upon as follows. Ocwen's request for judicial notice is granted. In taking judicial notice of the recorded land documents, the court accepts the fact of their existence, not the truth of their contents. (Herrera v. Deutsche Bank Nat'l Trust Co. (2011) 196 Cal.App.4th 1366, 1375.) Overview This is a nonjudicial foreclosure action. Plaintiffs allege that Ocwen...
2018.7.17 Demurrer, Motion to Strike 766
Location: Sacramento
Judge: Rodda, Steven H
Hearing Date: 2018.7.17
Excerpt: ...‐ year/100,000 mile powertrain warranty which, inter alia, covers the engine and transmission, and subsequently received a 10‐year/120,000 mile extended coverage plan (e.g. extended warranty) which covers engine in connection with the excessive oil consumption. Plaintiff alleges that during the warranty period, the vehicle contained/developed multiple defects, including the engine's inability to properly utilize engine oil. Plaintiff alleges ...
2018.7.16 Motion to Compel Deposition, Production 986
Location: Sacramento
Judge: Rodda, Steven H
Hearing Date: 2018.7.16
Excerpt: ...On 5/02/18, Stone Lake's counsel indicated by email that the date of the deposition might present a conflict. (Id., Exh. B.) Morales' counsel responded, “[t]hat is going to be a problem, as we do not intend to change the date.” (Id.) No trial date has been set, and the discovery cutoff is not approaching. Stone Lake did not serve any written objections to the deposition or move for a protective order. The day before the deposition, however, S...
2018.7.16 Motion to Vacate Judgment and Stay of Execution 760
Location: Sacramento
Judge: Rodda, Steven H
Hearing Date: 2018.7.16
Excerpt: ...oration”) (collectively “Judgment Debtors”) to vacate the judgment entered against them on 4/11/18 is DENIED. Judgment Debtors' alternative request for a stay of enforcement is GRANTED; bonds to be posted within 14 days. Overview The Trucking Corporation appears to be a dissolved California Corporation operating as an interstate carrier. (See Carey Decl., Exh. A.) Chand owns/owned the Trucking Corporation. The procedural history in this mat...
2018.7.13 Motion to Compel Arbitration 888
Location: Sacramento
Judge: Rodda, Steven H
Hearing Date: 2018.7.13
Excerpt: ...noted below 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. *** Both the moving and reply memorandum of points & authorities fail to comply with CRC Rule 3.1113(d) and (e). Factual Background This putative class action was filed by plaintiff Gibbons, alleging defendant MFL violated the California Consumer Credit Reporting Agencies Act...

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