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Location: Sacramento x
Judge: Rodda, Steven H x
2019.10.10 Demurrer 489
Location: Sacramento
Judge: Rodda, Steven H
Hearing Date: 2019.10.10
Excerpt: ...al argument on the continuance date. Defendant Walkenhorst's, Inc.'s ("Defendant") demurrer to self‐represented plaintiff Alonzo Joseph's ("Plaintiff") complaint is UNOPPOSED and is SUSTAINED with leave to amend. Plaintiff is an inmate with the California State Prison in Represa, California. Plaintiff filed a form complaint on May 14, 2019. (ROA 1.) General negligence would appear to be alleged, although "product...
2019.10.10 Motion for Reconsideration 449
Location: Sacramento
Judge: Rodda, Steven H
Hearing Date: 2019.10.10
Excerpt: ...sideration on July 19, 2019, with a hearing date of July 30, 2019. On July 29, 2019, the Court tentatively dropped the matter from calendar, without prejudice, due to defective service. At the hearing, Plaintiff's oral motion to continue the hearing was granted without objection. The matter was continued to August 23, 2019. After Plaintiff filed her first motion, but before the Court heard the first motion on July 30, 2019, Plaintiff filed what a...
2019.10.10 Motion for Summary Judgment, Adjudication 729
Location: Sacramento
Judge: Rodda, Steven H
Hearing Date: 2019.10.10
Excerpt: ... action on November 6, 2017. Pursuant to a stipulation, the Court authorized Plaintiff to amend its complaint to drop its writ of mandate claim and assert a claim for tax refund, and this matter was reassigned from the writ department. (ROA 28.) Plaintiff filed its First Amended Complaint (“FAC”) on August 30, 2018, which states a single cause of action for tax refund pursuant to California Revenue and Taxation Code § 6933. (ROA 29.) On Octo...
2019.10.10 Motion for Summary Judgment, Adjudication 221
Location: Sacramento
Judge: Rodda, Steven H
Hearing Date: 2019.10.10
Excerpt: ...what the marking indicates (it is not readable) and it is speculation on Plaintiff's part that the marking indicates the declaration was not personally signed by Mr. Cheban. The additional objections regarding the declaration of Mr. Cheban are also overruled. To the extent Plaintiff “objected” to several of Defendants UMFs on the ground the characterization of the UMF is uncertain, ambiguous, and irrelevant, such objections are overruled beca...
2019.10.10 Motion to Compel Further Responses 677
Location: Sacramento
Judge: Rodda, Steven H
Hearing Date: 2019.10.10
Excerpt: ...C Davis Medical Center in Sacramento. Plaintiff was visiting her brother when she slipped and fell on water in the hospital bedroom that emanated from a bathroom sink. Plaintiff was visiting her brother in room 8103, but the water on the floor originated from the sink in the adjacent room, room 8101. Plaintiff contend that according to deposition testimony and discovery responses, the only employee that was aware of what caused the blockage is de...
2019.7.8 Demurrer, Motion to Strike 425
Location: Sacramento
Judge: Rodda, Steven H
Hearing Date: 2019.7.8
Excerpt: ...ate cases. The expert consulting and witness services were provided by plaintiff Stephen W. Wheatcraft, Ph.D. (“Dr. Wheatcraft”) to M&A. Plaintiffs Dr. Wheatcraft, Wheatcraft and Associates, Ltd. (“W&A”), and Catherine Benton (“Ms. Benton”) (collectively, “Plaintiffs”) filed their Complaint against Defendants on March 13, 2019, alleging causes of action for: (1) breach of written contract; (2) common count: goods and services rend...
2019.7.8 Demurrer, Motion to Dismiss 449
Location: Sacramento
Judge: Rodda, Steven H
Hearing Date: 2019.7.8
Excerpt: ...hearing. This opposition appears to be an opposition to this demurrer, as well as a purported opposition to the concurrently filed motion to dismiss. Despite the untimeliness, the Court has reviewed Plaintiff's deposition, although it does nothing to alter the Court's decision. On April 4, 2019, this Court sustained Defendant's unopposed demurrer to Plaintiff's First Amended Complaint on the grounds the FAC failed to state facts sufficient to con...
2019.7.8 Motion for Terminating Sanctions 535
Location: Sacramento
Judge: Rodda, Steven H
Hearing Date: 2019.7.8
Excerpt: ... Lemos' responses to form and special interrogatories and request for production of documents (sets one). Plaintiff was ordered to serve responses without objections by April 18, 2019. After Defendant failed to comply, Plaintiff moved for terminating sanctions, or alternatively evidentiary and monetary sanctions. On May 21, 2019, the Court granted Plaintiff's motion in party, directing Defendant to fully comply with the discovery on or before...
2019.7.8 Motion to Strike 147
Location: Sacramento
Judge: Rodda, Steven H
Hearing Date: 2019.7.8
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...
2019.7.8 Motion for Summary Judgment, Adjudication 529
Location: Sacramento
Judge: Rodda, Steven H
Hearing Date: 2019.7.8
Excerpt: ...plaintiff William Fastiggi. Plaintiffs' complaint filed on March 17, 2017, alleges causes of action for medical malpractice and loss of consortium. Dr. Cain has established by admissible evidence that his care and treatment of Plaintiff was at all times reasonable and within the standard of care. (UMF 10; Declaration of Lundy Campbell, M.D. ¶¶ 1‐7.) Dr. Cain's expert opines that Dr. Cain's treatment of Plaintiff met the applicable standard of...
2019.7.8 Application to Seal Record 407
Location: Sacramento
Judge: Rodda, Steven H
Hearing Date: 2019.7.8
Excerpt: ...or the Republican Caucus until March of 2015. After his position was eliminated, Plaintiff brought a variety of employment‐related claims against the Assembly. Plaintiff alleged causes of action for retaliation, disability discrimination, failure to prevent discrimination and retaliation, failure to engage in the interactive process, and failure to make reasonable accommodation. Plaintiff alleged he repeatedly sought medical treatment and took ...
2019.7.5 Motion to Declare Vexatious Litigant 627
Location: Sacramento
Judge: Rodda, Steven H
Hearing Date: 2019.7.5
Excerpt: ...er filed a request for a civil harassment restraining order against Respondent, her ex‐husband's girlfriend. A trial was held on May 4, 2018 before Judge Sawtell. Judge Sawtelle denied the request and ordered Petitioner to pay $5,000 in attorney's fees. A minute order to that effect was issued on May 4, 2018. Thereafter Petitioner filed an objection to the “proposed judgment” and Judge Sawtelle denied the motion on June 1, 2018. Petitioner ...
2019.7.3 Motion for Final Approval of Class Action Settlement 323
Location: Sacramento
Judge: Rodda, Steven H
Hearing Date: 2019.7.3
Excerpt: ...one, in the event Defendant appears without following the procedures set forth in Local Rule 1.06(B). As a preliminary matter, the Court notes the proof of service indicates that the moving papers were served via mail on June 11, 2019. This provided 16 court days' notice. Service by mail requires 16 court days plus 5 calendar days' notice. For cases filed on or before December 31, 2018, electronic service is not authorized unless a party or other...
2019.7.2 Motion to Strike 854
Location: Sacramento
Judge: Rodda, Steven H
Hearing Date: 2019.7.2
Excerpt: ...on is granted. This employment action arises from Plaintiff's employment with the DBO. On or about February 20, 2019, Plaintiff, an employee of the DBO, filed the instant lawsuit against his employer and his coworker, Geraldine Young ("Young"), alleging the following causes of action: (1) religious discrimination; (2) national origin/ancestry discrimination; (3) disability discrimination (failure to engage in the interactive process); (4)...
2019.7.2 Demurrer 854
Location: Sacramento
Judge: Rodda, Steven H
Hearing Date: 2019.7.2
Excerpt: ... February 20, 2019, Plaintiff, an employee of the DBO, filed the instant lawsuit against his employer and his coworker, Geraldine Young ("Young"), alleging the following causes of action: (1) religious discrimination; (2) national origin/ancestry discrimination; (3) disability discrimination (failure to engage in the interactive process); (4) disability discrimination (failure to provide reasonable accommodation); (5) hostile work environ...
2019.7.2 Demurrer 251
Location: Sacramento
Judge: Rodda, Steven H
Hearing Date: 2019.7.2
Excerpt: .... Defendant has filed a Supplemental Declaration of Tuan V. Uong reflecting additional diligent efforts to meet and confer with the now self‐represented plaintiff. Counsel called the phone number listed on the Substitution of Attorney but reached only former counsel's office and requested contact information for plaintiff. The Court will not require further meet and confer efforts after two prior continuances given the diligence of defendan...
2019.7.2 Motion to Compel Further Responses 417
Location: Sacramento
Judge: Rodda, Steven H
Hearing Date: 2019.7.2
Excerpt: ...as follows. Folsom filed an untimely opposition only seven court days prior to the hearing and in violation of CCP § 1005. Nonetheless, the Court in its discretion has considered the opposition and rules as follows. In this action, plaintiffs Maria Luisa Hills and Barry Hills allege that the California Department of Corrections and Rehabilitation ("CDCR"), Folsom, and the County of Sacramento created a dangerous condition of public prope...
2019.7.1 Motion to File Amended Complaint 896
Location: Sacramento
Judge: Rodda, Steven H
Hearing Date: 2019.7.1
Excerpt: ...rt for her after his death, she and her son lived with Sam Fong and she fulfilled the duties and role of a spouse. In September 2016, Sam Fong created a trust that would have fulfilled the promises of support he made. In July 2017, after becoming ill and shortly before his death, Sam Fong purportedly executed a restatement of the Trust that removed Plaintiff as a beneficiary except for what support had already been provided. Plaintiff commenced t...
2019.6.24 Demurrer, Motion to Dismiss 266
Location: Sacramento
Judge: Rodda, Steven H
Hearing Date: 2019.6.24
Excerpt: ...ded complaint (“FAC”) is ruled 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 is a declaratory relief action whereby Bielejeski, ...
2019.6.24 Motion for Judgment on the Pleadings 431
Location: Sacramento
Judge: Rodda, Steven H
Hearing Date: 2019.6.24
Excerpt: ...sidered "brief." Defendant Logos Property Investment S, LLC (“Logos”) argues that the motion is defective for the following reasons: (1) the notice of motion fails to include the Local Rule regarding the tentative ruling system, and (2) defective proof of service. The Court declines to deny the motion on these grounds. First, Logos proffers no legal authority that the failure to include the Local Rule requires denial of the motion. Se...
2019.5.13 Motion for Terminating Sanctions 327
Location: Sacramento
Judge: Rodda, Steven H
Hearing Date: 2019.5.13
Excerpt: ... was ordered to serve further responses to Defendant's form and special interrogatories and requests for admissions (sets one) by March 21, 2019. Defendant seeks terminating sanctions only on the basis that Plaintiff has not provided the Court ordered further responses. No lesser sanction was requested. For misuse of the discovery process, including as is the case here, disobeying a court order to provide discovery, the Court may impose a termina...
2019.5.13 Motion for Summary Judgment 945
Location: Sacramento
Judge: Rodda, Steven H
Hearing Date: 2019.5.13
Excerpt: ...ng the subject property and failing to warn of a dangerous condition on the property. Defendant now moves for summary judgment. Defendant's separate statement includes the following. On April 13, 2017, Plaintiff attended a gathering at a rural residential property located at 41490 South River Road in Courtland. Plaintiff had been to the property on previous occasions and was an experienced ATV rider. Plaintiff was injured while riding her ATV at ...
2019.5.10 Motion to Strike 798
Location: Sacramento
Judge: Rodda, Steven H
Hearing Date: 2019.5.10
Excerpt: ...intiff Smith as a passenger, and the ATV flipped and plaintiff was injured. In analyzing the request for punitive damages, the Court relies on Peterson v Superior Court ((1982) 31 Cal.3d. 147), where the California Supreme Court stated “the law in California had evolved in the area of punitive damages to the point where a finding of defendant's conscious disregard of the safety or rights of others would support an award of punitive damages.” ...
2019.5.10 Motion for Summary Judgment, Adjudication 660
Location: Sacramento
Judge: Rodda, Steven H
Hearing Date: 2019.5.10
Excerpt: ...tow Sheppart Wayte & Carruth Llp Tentative Ruling: The Court has read and considered defendants' “Motion for Summary Judgement [sic]/Summary Adjudication” filed April 2, 2019. Code of Civil Procedure section 473c(b)(1) requires that: The supporting papers shall include a separate statement setting forth plainly and concisely all material facts that the moving party contends are undisputed. Each of the material facts stated shall be followed b...
2019.5.10 Demurrer 882
Location: Sacramento
Judge: Rodda, Steven H
Hearing Date: 2019.5.10
Excerpt: ...nd cause of action. (The Court finds the answer filed on December 18, 2018 was inappropriately designated as Caltrans' answer and was superseded by the amended answer filed by George Reed, Inc. on 2/19/19.) Even under California's liberal pleading practice, plaintiff has failed to separate the allegations within the second cause of action. The allegations as to each defendant within the cause of action must be pled with sufficient particularity t...

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