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Location: Sacramento x
Judge: Rodda, Steven H x
2018.7.30 Demurrer, Motion to Strike 506
Location: Sacramento
Judge: Rodda, Steven H
Hearing Date: 2018.7.30
Excerpt: ...ion matters. *** Defendant Nga Gomez‐Chan's demurrer to Plaintiff California Department of Educations' second amended complaint (“SAC”) is ruled upon as follows. Overview This is an action by Plaintiff to recover roughly $3 Million in public funds which were advanced to various defendants, consisting of private entities and their principal owners/officers, to pay for defendants' provision of subsidized services for child development pro...
2018.7.30 Motion to Compel Production 428
Location: Sacramento
Judge: Rodda, Steven H
Hearing Date: 2018.7.30
Excerpt: ...rose and resulted in BBC recording a mechanics lien in the amount of $483,405. VTL filed an action for declaratory relief, breach of contract and fraud. VTL also filed a motion to remove BBC's lien. In its motion, VTL contended that BBC's lien was invalid since it not only vastly overstated the amount BBC actually claims is owed but is also exceeded by the amounts which BBC now owes VTL. VTL insisted that BBC "fraudulently obtained co...
2018.7.27 Motion for Summary Judgment, Adjudication 836
Location: Sacramento
Judge: Rodda, Steven H
Hearing Date: 2018.7.27
Excerpt: ... Ben Magur (Magur) (collectively “Plaintiffs”). According to Plaintiffs, Rebossio suffered scarring and other injuries to her face and back when she received laser treatment. Plaintiffs allege that Defendants “negligently treated, cared for, diagnosed, obtained informed consent, failed to obtain informed consent, prescribed and or failed to prescribe and/or monitor proper medication and/or treatment, advised, examined, made and/or failed to...
2018.7.26 Motion to Strike Answer 546
Location: Sacramento
Judge: Rodda, Steven H
Hearing Date: 2018.7.26
Excerpt: ...y with CRC Rule 3.1110(b)(3)‐(4). The court notes that defendant filed no opposition to the present motion but her counsel filed a declaration which requests additional time to contact his client before granting this motion. However, as defendant was previously ordered to comply with the discovery requests no later than 1/12/2018, the court finds that defendant has already had enough time to comply and that her failure to do so warrants the imp...
2018.7.26 Demurrer, Motion to Strike 960
Location: Sacramento
Judge: Rodda, Steven H
Hearing Date: 2018.7.26
Excerpt: ... the court's tentative ruling procedure and the manner to request a hearing. 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. Factual Background This action arises out of a 2015 real estate transaction whereby Ms. Schmauderer contracted with Bebermeyer Asset Management Inc. (“BAM”) to sell her home to BAM for $500,000, with escrow being esta...
2018.7.26 Demurrer 486
Location: Sacramento
Judge: Rodda, Steven H
Hearing Date: 2018.7.26
Excerpt: ...quested in an attempt to obtain leave to amend, plaintiff shall be prepared to specifically discuss the new or different facts which may now be alleged in good faith to overcome the deficiencies noted below. *** Defendant Ocwen Loan Servicing, LLC (“OLS”), et al.'s (collectively “Defendants”) demurrer to plaintiff in pro per's complaint is SUSTAINED without leave to amend, as follows. The notice of demurrer does not provide notice of the ...
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 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 ...
2018.7.24 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...
2018.7.23 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 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 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...

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