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231 Results

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Location: Sacramento x
Judge: Rodda, Steven H x
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 (...
2019.4.23 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 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 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...
2019.4.19 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 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 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 (&#...
2019.2.26 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 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...
2019.2.26 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 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...
2019.2.25 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, 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...
2019.2.25 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...
2019.2.22 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...
2019.1.7 Motion to Strike 308
Location: Sacramento
Judge: Rodda, Steven H
Hearing Date: 2019.1.7
Excerpt: ...amlin (Hamlin) (collectively “Plaintiffs). The SAC contains a single cause of action for legal malpractice. Plaintiffs allege that they are beneficiaries of a family trust (the “Trust”). They contend that, after each of the original trustees died, Defendants failed to take certain actions in relation to the Trust. Among other things, Plaintiffs allege that (1) Defendants failed properly to advise the surviving trustee after the other truste...
2019.1.7 Demurrer 810
Location: Sacramento
Judge: Rodda, Steven H
Hearing Date: 2019.1.7
Excerpt: ... filing papers in this court. Copies of papers filed with the court must be served on parties that have appeared in the action or, if the parties are represented, then on their counsel of record. In addition, written proof that such service was made must be filed with the court prior to hearing. (See Sacramento County Superior Court Local Rule 2.30(E).) Future failures to serve papers could result in adverse rulings, including rulings that papers...

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