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Location: Sacramento x
Judge: Rodda, Steven H x
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 ...
2019.5.10 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 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 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 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 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 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 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 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 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 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 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 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 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)...
2019.5.9 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...
2019.5.9 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 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 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 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...
2019.5.8 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 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 ...

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