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Location: Sacramento x
Judge: Acquisto, Stephen x
2018.9.28 Motion for Production of Docs 058
Location: Sacramento
Judge: Acquisto, Stephen
Hearing Date: 2018.9.28
Excerpt: ...statement regarding the results of those efforts. The Parties have filed the joint statement indicating the issues that were resolved and those that remain. The motion to compel is now ruled upon as follows. Factual and Procedural Background This case involves allegations against six skilled nursing facilities (Cathedral Pioneer Church Homes II, Congregational Church Retirement Community, Bixby Knolls Towers, Inc., Gold Country Health Center, May...
2018.9.28 Motion for Summary Judgment, Adjudication 627
Location: Sacramento
Judge: Acquisto, Stephen
Hearing Date: 2018.9.28
Excerpt: ...., § 437c, subd. (q).) Factual Background This action arises from Defendant's employment of plaintiff Lisa Casey. Plaintiff was employed as a night manager in the Emergency Department (“ED”) at Defendant's Morse Avenue hospital from 2008 to 2015. One of Plaintiff's nurse subordinates (nurse John Doe) had received a DUI and wanted to participate in an alcohol abuse treatment program (the “diversion program”) with a company called Maximus ...
2018.9.28 Motion to Dismiss 087
Location: Sacramento
Judge: Acquisto, Stephen
Hearing Date: 2018.9.28
Excerpt: ...ailable by COURTCALL, to participate in oral arguments. Defendant County of Sacramento's (named herein as Sacramento County Main Jail) (“Defendant”) motion to dismiss plaintiff Dena Marks' (“Plaintiff”) complaint for failure to serve Defendant within three years is UNOPPOSED and is GRANTED. Plaintiff filed her complaint against Defendant on July 15, 2013. (ROA 1.) To date, Plaintiff has never served Defendant with the complaint. Defendant...
2018.9.28 Motion to Require Out-of-State Witnesses to Testify 995
Location: Sacramento
Judge: Acquisto, Stephen
Hearing Date: 2018.9.28
Excerpt: ...follows. This action arises from orders obtained by the Office of the Attorney General (the “AG”) requiring three charities, MAP International (“MAP”), Catholic Medical Mission Board (“CMMB”), and Food for the Poor (“FFP”), to cease and desist certain solicitations that were based on how these charities accounted for donations called “Gifts in Kind” or “GIKs.” Each charity immediately complied with the order, but appealed ...
2018.9.27 Demurrer 717
Location: Sacramento
Judge: Acquisto, Stephen
Hearing Date: 2018.9.27
Excerpt: ...34; Plaintiff alleges she was not paid for all hours worked. "Specifically, she was not paid for all non‐drive time. Defendants deducted an hour of non‐drive time in calculating Plaintiff's non‐drive time." (Complaint ¶ 8) Plaintiff also alleges she was not afforded "lawful meal and rest breaks free from duty. She alleges "Plaintiff's wage statements do not evidence that Plaintiff was paid a separate hourly rate for...
2018.9.27 Motion to Contest Good Faith Settlement Determination 835
Location: Sacramento
Judge: Acquisto, Stephen
Hearing Date: 2018.9.27
Excerpt: ...re involved in a two vehicle accident at the intersection of SR 16 and Eagles Nest Road in Sacramento. Cross defendant Gregory S. Lagoda was driving a vehicle on Highway 16 that hit plaintiff's vehicle as plaintiff was proceeding through the intersection. Plaintiff alleges that Ali failed to stop completely and proceeding through the intersection in a negligent manner. Ali contends that he stopped the vehicle at the intersection stop sign, an...
2018.9.27 Motion to Quash Service of Summons 149
Location: Sacramento
Judge: Acquisto, Stephen
Hearing Date: 2018.9.27
Excerpt: ... does not have personal jurisdiction over defendant Masters because defendant Masters has no minimum contacts with the State of California. This case is one of three lawsuits that have been and are being litigated by plaintiff David Masters against his father, defendant Roy Masters, and his brothers Alan and Michael Masters regarding a nonprofit corporation known as The Foundation of Human Understanding ("FHU"). Michael is a resident of t...
2018.9.27 Motion to Strike Punitive Damages 729
Location: Sacramento
Judge: Acquisto, Stephen
Hearing Date: 2018.9.27
Excerpt: ...liber Bodyworks, Inc. v. Superior Court (2005) 134 Cal.App.4th 365, 384‐385 ["The appropriate procedural device for challenging a portion of a cause of action seeking an improper remedy is a motion to strike."]) As such, it is appropriate to bring a motion to strike when a complaint improperly seeks punitive damages. (Id.; see also Venice Town Council, Inc. v. City of Los Angeles (1996) 47 Cal.App.4th 1547, 1561‐1562; Grieves v. Sup.C...

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