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231 Results

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Location: Sacramento x
Judge: Rodda, Steven H x
2018.8.31 Motion to Set Aside Default, Judgment 701
Location: Sacramento
Judge: Rodda, Steven H
Hearing Date: 2018.8.31
Excerpt: ...uly 24, 2018 when her joint bank account with her spouse was levied by the plaintiff. She contends that she was never served with the Summons and Complaint. (Declaration of Rowena D. Kumar) Defendant was purportedly served by substituted service at her address, 200 Moon Cir. Unit 221, Folsom, CA, on October 2, 2016. She states that the description of the person served does not match anyone who lived in their house. The description of the person a...
2018.8.31 Demurrer 971
Location: Sacramento
Judge: Rodda, Steven H
Hearing Date: 2018.8.31
Excerpt: ...t examinations of Plaintiff. The parties agreed that Plaintiff would submit to two psychiatric exams and one physical exam. At issue here is the psychiatric exam by Dr. Jason Roof. Plaintiff agreed to appear on July 26, 2018 for the exam. The parties further stipulated that “[b]ecause the doctors are setting aside time for the examination and testing, they will lose valuable time that can be scheduled for others in the event Plaintiff does not ...
2018.8.31 Demurrer 223
Location: Sacramento
Judge: Rodda, Steven H
Hearing Date: 2018.8.31
Excerpt: ...ted. Plaintiff has filed a non‐opposition to the demurrer, and she has requested leave to amend. As this is the first challenge to the pleadings, leave to amend is granted. Plaintiff alleges causes of action for Breach of Contract, Negligence, and Intentional Tort. Plaintiff contends that defendants failed to authorize and cover certain brand name medications prescribed by her physician, as required by the Medi‐Cal health plan agreement. Plai...
2018.8.6 Motion to Compel Responses, to Deem Matters Admitted, Compel Production 917
Location: Sacramento
Judge: Rodda, Steven H
Hearing Date: 2018.8.6
Excerpt: ...Unsworn responses are tantamount to no responses at all.” (Appleton v. Superior Court (1988) 206 Cal.App.3d 632, 635‐636.) Defendant seeks an order compelling verified responses. Plaintiff's opposition indicates that his counsel had been attempting to obtain the verifications from Plaintiff who has been incarcerated and cannot read. Plaintiff indicates that the motion was filed during a time when Plaintiff's counsel had indicated he was unava...
2018.8.6 Motion for Terminating Sanctions 674
Location: Sacramento
Judge: Rodda, Steven H
Hearing Date: 2018.8.6
Excerpt: ...late‐ served opposition. The County's request for an order compelling Guthrey to resume her oral deposition and for a monetary sanction against her and her counsel is GRANTED. The County has been seeking the documents at issue since September 2017. It was forced to move for initial responses and then for further responses. Guthrey still did not produce the subject documents and instead indicated there were none to produce. The County sought the...
2018.8.6 Motion for Preliminary Approval of Class Action Settlement 835
Location: Sacramento
Judge: Rodda, Steven H
Hearing Date: 2018.8.6
Excerpt: ...nk (1990) 220 Cal. App. 3rd 1117, 1138.) Newberg on Class Actions (4th Ed.), the most authoritative treatise on class actions, discusses the process for approving the settlement of a class action. At § 11.24, “Procedure for Submitting Class Settlement for Approval,” Newberg describes the review at the preliminary stage as the submission by the parties of the essential terms of the agreement for informal review of the settlement papers by the...
2018.8.6 Demurrer 685
Location: Sacramento
Judge: Rodda, Steven H
Hearing Date: 2018.8.6
Excerpt: ...nt against Cross‐Complainants for breach of equipment finance agreement and breach of guaranty in connection with the sale of a 2005 Peterbilt truck to Maynard Frantz, LLC (“Frantz LLC”). Ascentium and Frantz, LLC allegedly entered into an Equipment Finance Agreement (“EFA”) which Maynard Frantz allegedly personally guaranteed. Cross‐Complainants then filed a crosscomplaint alleging causes of action for breach of contract, common coun...
2018.8.3 Demurrer 087
Location: Sacramento
Judge: Rodda, Steven H
Hearing Date: 2018.8.3
Excerpt: ...e of action, and the original complaint ceases to have any effect either as a pleading or as a basis for judgment. Because there is but one complaint in a civil action, the filing of an amended complaint moots a motion directed to a prior complaint. Once an amended complaint is filed, it is error to determine a cause of action contained in a previous complaint. (State Compensation Ins. Fund v. Superior Court, (2010) 184 Cal.App.4th 1124, 1129‐1...
2018.8.3 Demurrer 451
Location: Sacramento
Judge: Rodda, Steven H
Hearing Date: 2018.8.3
Excerpt: ...une 21, 2017, he transported an elderly female patient to the medical clinic of Dr. Ghoshal. (TAC, para. 5.) Plaintiff filled out the intake forms provided to the patient, on the patient's behalf, and presented Dr. Ghoshal's receptionist with the patient's MediCal card. Plaintiff did not have the patient's Health Management Organization ("HMO") card with him at that time. (TAC, para. 6‐7.) Plaintiff alleged the receptionist ...
2018.8.3 Motion for Attorney Fees 989
Location: Sacramento
Judge: Rodda, Steven H
Hearing Date: 2018.8.3
Excerpt: ...tablished by a preponderance of the evidence his claim to the real property by way of adverse possession. Specifically, Vaidm did not provide admissible evidence that he had color of title, that his possession was open and notorious, or that it was adverse and hostile to the true owner. The Court also held Vadim's claim to the real property based on the alleged oral contract between himself and his father (Vasiliy) is unenforceable against Elena ...
2018.8.3 Motion for Summary Adjudication 315
Location: Sacramento
Judge: Rodda, Steven H
Hearing Date: 2018.8.3
Excerpt: ...nc.'s request for judicial notice of the Cross‐Complaint is granted. Factual and Procedural Background This action arises out of the death of Chris Yuan (the “Decedent”) after an exterior staircase collapsed on July 3, 2015, at the Legends of Willow Creek, a multi‐building apartment complex in Folsom, California (the "Apartment Complex" and/or the "Property"). Plaintiffs comprise the Decedent's parents, who are pursuin...
2018.8.3 Motion for Summary Judgment, Adjudication 553
Location: Sacramento
Judge: Rodda, Steven H
Hearing Date: 2018.8.3
Excerpt: ... they concern evidence deemed immaterial to decision on the motion. (Code Civ. Proc., § 437c, subd. (q).) This is an action for medical negligence and lack of informed consent. Plaintiff Kimberlie Popovich (“Plaintiff”) filed her form Complaint on December 29, 2016, against Regents of the University of California and individual defendants Ethan Ehrlich, Herman DeVera, M.D., and Danny Cheng, M.D. On May 30, 2016, Plaintiff dismissed this acti...
2018.8.3 Motion for Terminating Sanctions 359
Location: Sacramento
Judge: Rodda, Steven H
Hearing Date: 2018.8.3
Excerpt: ...The Court notes Defendant, as a self‐represented party, is to be treated like any other party and is entitled to the same, but no greater consideration than other litigants and attorneys. (Williams v. Pacific Mutual Life Ins. Co. (1986) 186 Cal. App. 3d 941, 944.) Defendant has failed to obey this Court's December 7, 2017, Orders compelling him to serve verified responses, without objections, to Plaintiff's first set of form interrogatories, sp...
2018.8.3 Motion to Compel Arbitration, for Stay of Action 849
Location: Sacramento
Judge: Rodda, Steven H
Hearing Date: 2018.8.3
Excerpt: ...of a self‐storage unit at Defendant's storage facility. Plaintiff alleges Defendant is liable for negligence and breach of contract in connection with the theft of personal property from his unit. Plaintiff filed his complaint on April 13, 2018, alleging damages in excess of $25,000. Defendant now moves to compel arbitration pursuant to the terms of the parties' Rental Agreement and stay this action pending arbitration. “Under both federal an...
2018.8.3 Motion to Dismiss for Delay in Service of Summons 208
Location: Sacramento
Judge: Rodda, Steven H
Hearing Date: 2018.8.3
Excerpt: ...orrect address for Dept. 53/54. If moving counsel is unable to contact opposing counsel prior to hearing, moving counsel is ordered to appear at the hearing in person or by telephone. Defendant moves for dismissal on the ground that plaintiff has not served moving defendant with the summons and complaint for over three years, with the original complaint being filed on 8/25/2014. The Court notes that plaintiff filed no opposition, which is constru...
2018.8.3 Motion to File Complaint Amended 293
Location: Sacramento
Judge: Rodda, Steven H
Hearing Date: 2018.8.3
Excerpt: ... hotel located at 1209 L Street in Sacramento. On August 6, 2014, plaintiffs got stuck in the hotel's elevator. On June 21, 2016, plaintiffs filed their complaint against Hyatt alleging negligence against Hyatt and negligence‐manufacturing, design, and/or warning defect and negligent manufacturing, design, inspection, testing, instructing, repair, and/or warning against Otis. Otis performed elevator inspection, service, maintenance, and repair ...
2018.8.2 Motion to Strike 509
Location: Sacramento
Judge: Rodda, Steven H
Hearing Date: 2018.8.2
Excerpt: ...rved. Defendant's Reply states that plaintiff served a notice of an new address after this motion was served, stating that his new address was effective before the date of service of the motion. The Reply was mailed to the new address. No Change of Address form was filed with the court. Plaintiff has sued defendants for defamation arising out of an article published in the Sacramento Bee. Defendants contend that plaintiff's Complaint is s...
2018.8.2 Motion to Set Aside Default, Demurrer 947
Location: Sacramento
Judge: Rodda, Steven H
Hearing Date: 2018.8.2
Excerpt: ... A demurrer cannot be filed when a default has been entered. Therefore the demurrer is dropped from calendar. Entry of defendant's default instantaneously cuts off the right to appear in the action. Entry of default deprives the court of jurisdiction to consider any motion other than a motion for relief from default. W.A. Rose Co. v Mun. Ct. (1959) 176 Cal.App.2d 67, 71. The defendant is “out of court.” It has no right to participate in the p...
2018.8.2 Motion to Quash Service of Summons 951
Location: Sacramento
Judge: Rodda, Steven H
Hearing Date: 2018.8.2
Excerpt: ... 2018. Defendant Jason Kim had previously attempted to file an Answer to the Complaint before he was actually named as a defendant, and his Answer was rejected from filing on January 3, 2018 because he was not named as a defendant. Kim later appeared in these proceedings in February of 2018, through counsel, as an "interested party," when he opposed an application for writ of attachment that was filed against him. The application for writ...
2018.8.2 Motion to Compel Deposition 834
Location: Sacramento
Judge: Rodda, Steven H
Hearing Date: 2018.8.2
Excerpt: ...a New Hampshire entity with no offices or employees in California. (See Adams Decl., ¶ 3.) Defendant served DCC with a PMK deposition notice. The notice contemplates a deposition in Sacramento County. DCC served objections and indicated it was not required to send its agents across the country for deposition. DCC stipulated to a videotaped deposition of a witness in New Hampshire. Defendant now moves to compel DCC to send its PMK to Sacramento. ...
2018.8.2 Motion for Terminating Sanctions 333
Location: Sacramento
Judge: Rodda, Steven H
Hearing Date: 2018.8.2
Excerpt: ...endant. Defendant failed to serve responses to the requests for production and the interrogatories. Plaintiff seeks a remedy of striking the Answer and entering defendant's default judgment. A trial court must be cautious when imposing a terminating sanction 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 caus...
2018.8.2 Motion for Protective Order 678
Location: Sacramento
Judge: Rodda, Steven H
Hearing Date: 2018.8.2
Excerpt: ...al injury case. Bernard alleges that when he was a minor attending Defendant Jesuit High School (School), a fellow student attacked him and caused injuries including brain injury. Bernard alleges one of the School's teachers shares responsibility for his injuries. Although former Dean of Students Timothy Warren (Warren) was a named defendant, he was dismissed from the lawsuit without prejudice. Warren remains a percipient witness. The current mot...
2018.8.2 Demurrer 613
Location: Sacramento
Judge: Rodda, Steven H
Hearing Date: 2018.8.2
Excerpt: ...g out of his employment and subsequent termination as the River Cats' manager of the visitor clubhouse during the 2014 and 2015 baseball seasons. Plaintiff alleges that defendants knew of the harassing actions of third parties employed by a visiting team, including the Reno Aces' athletic trainer, Joe Metz. Metz allegedly treated plaintiff in a demeaning manner and had told him: "You're nothing but a low life clubby nigger" du...
2018.8.2 Demurrer 604
Location: Sacramento
Judge: Rodda, Steven H
Hearing Date: 2018.8.2
Excerpt: ...t. This case presents a business dispute involving co‐ownership of real property. In the complaint, Nadeem seeks partition and “dissolution of partnership.” Exhibits to the complaint are incorporated by reference into the cross‐complaint. The Defendants and Cross‐Complaints are Markus Pegany (Markus) and Lati Pegany (Lati) (collectively “Cross‐Complainants”). They allege that in April 2017, Nadeem engaged Lati as a real estate age...
2018.7.30 Motion to Quash Subpoena 020
Location: Sacramento
Judge: Rodda, Steven H
Hearing Date: 2018.7.30
Excerpt: ...h early 2011, when he met Plaintiff and allegedly urged her to quit her salaried job to become co‐owner/co‐manager of the Mr. Motorhome business in Elk Grove. Plaintiff states she relied on Lundgren's representations and in late 2012 began working at the Mr. Motorhome business for 50‐60 hours per week without receiving any compensation prior to November 2016. The complaint asserts that in 2015, money from the Mr. Motorhome business was used...

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