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Location: Sacramento x
Judge: Cadei, Raymond M x
2019.12.2 Demurrer 112
Location: Sacramento
Judge: Cadei, Raymond M
Hearing Date: 2019.12.2
Excerpt: ...unable to contact Plaintiff's prior to the hearing, defense counsel shall be available at the hearing, in person or by telephone, in the event Plaintiff's counsel appears without following the procedures set forth in Local Rule 1.06(B). Defendant's demurrer to the seventh (intentional or negligent misrepresentation) and eighth (fraud‐concealment) causes of action alleged in the First Amended Complaint is UNOPPOSED and SUSTAINED for the reasons ...
2019.12.2 Petition to Confirm Contractual Arbitration Award 094
Location: Sacramento
Judge: Cadei, Raymond M
Hearing Date: 2019.12.2
Excerpt: ... counsel is directed to contact Respondent's counsel forthwith and advise counsel of Local Rule 1.06 and the Court's tentative ruling procedure. If Petitioner's counsel is unable to contact Respondent's counsel prior to the hearing, Petitioner's counsel shall be available at the hearing, in person or by telephone, in the event Respondent's counsel appears without following the procedures set forth in Local Rule 1.06(B). This matter arises out of ...
2019.11.8 Motion to Set Aside Entry of Default 661
Location: Sacramento
Judge: Cadei, Raymond M
Hearing Date: 2019.11.8
Excerpt: ... defendants' Answer was prepared September 17, 2019 and sent to the court for filing. However, counsel received a notice on October 3, 2019 that the Answer was rejected from filing because default had been entered on September 20, 2019. (Declaration of Jared Walker). Counsel, who also represents plaintiff, never received a phone call from cross‐defendant, an attorney, prior to the entry of default. Whenever an application for relief is made no ...
2019.11.8 Demurrer 793
Location: Sacramento
Judge: Cadei, Raymond M
Hearing Date: 2019.11.8
Excerpt: ... Street, and was "holding or controlling funds from which to pay costs due or to become due to the general contractor, Davis Reed. (RJN, Exh. 1, ¶ 45.) When Cemco was not paid, Cemco asserts that it "served by first class mail pre‐paid on [the Bank] a stop payment notice signed and verified by Cemco." (RJN, Exh. 1, 46.) Cemco does not allege that any bond equal to 125 percent of its claim, accompanied the stop payment notice. (See RJN, Exh. 1,...
2019.11.8 Motion for Summary Judgment, Adjudication 419
Location: Sacramento
Judge: Cadei, Raymond M
Hearing Date: 2019.11.8
Excerpt: ...result of the contractual waiver of subrogation provision contained in the contract between Plaintiff the general contractor, Davis/Reed Construction, Inc. and RJA. Davis/Reed contends RJA breached and negligently performed its HVAC sub‐contract for work on the Ice Block Project ("Project") both of which have resulted in damage to Davis/Reed. Indian Harbor filed its Complaint In Intervention, containing a single cause of action for Subrogation,...
2019.11.8 Motion for Summary Judgment, Adjudication 629
Location: Sacramento
Judge: Cadei, Raymond M
Hearing Date: 2019.11.8
Excerpt: ...ne or more claims for damages, or one or more issues of duty..." CCP 437c(f)(1). In this case, the parties presented a signed stipulation pursuant to CCP 437c(t) that the court may determine the issue of whether non‐economic damages may be recovered in this case. The court signed the order on stipulation permitting this motion before the motion was filed pursuant to CCP 437c(t). In this action arising out of an automobile accident, plaintiff se...
2019.11.8 Motion to Set Aside Default, Judgment 371
Location: Sacramento
Judge: Cadei, Raymond M
Hearing Date: 2019.11.8
Excerpt: ... of the Summons did not result in actual notice (CCP §473.5); that service of the Summons did not result in actual notice in time to defend action brought by a debt buyer (Civ. §1788.61); and under the inherent equitable powers of the court to craft a remedy. Defendant was served by substitute service on April 5, 2019 at 3835 Breuner Place, Sacramento. Default was entered on May 28, 2019 and Default Judgment was entered on July 1, 2019. Defenda...
2019.11.6 Motion to Compel Further Responses 215
Location: Sacramento
Judge: Cadei, Raymond M
Hearing Date: 2019.11.6
Excerpt: ...d appropriately inform Plaintiff that he was diagnosed with a specific communicable disease, which then resulted in a one week delay in diagnosis of an additional medical condition which resulted in harm to Plaintiff. Defendants thus requested the Plaintiff in special interrogatory No. 42 to identify any and all facilities where he had undergone a specific form of testing that could have discovered the communicable disease during the 10 years pri...
2019.11.6 Motion to Compel Second Medical Exam 397
Location: Sacramento
Judge: Cadei, Raymond M
Hearing Date: 2019.11.6
Excerpt: ...MSC December 18, 2019. The case was previously set to start trial on June 19, 2019, but the parties obtained a stipulated continuance in May 2019, based upon the plaintiff's then recent neck surgery in February 2019. Plaintiff had already had an initial neck surgery in May 2018. Defendants represented that they needed more to time to obtain plaintiff's medical records for her recent surgery, provide them to their experts and then to take expert d...
2019.11.5 Motion for Attorney Fees 891
Location: Sacramento
Judge: Cadei, Raymond M
Hearing Date: 2019.11.5
Excerpt: ...98 offer had provided that the amount of restitution would be determined by the Court if the parties could not agree. The CCP § 998 offer also indicated that FCA would pay Plaintiff's fees and expenses pursuant to Civil Code § 1794(d) in an amount to be determined by the Court if the parties could not agree. Ultimately the parties resolved the amount of restitution but were unable to resolve the amount of fees and costs. Plaintiff seeks $27,070...
2019.11.5 Motion for Terminating Sanctions 663
Location: Sacramento
Judge: Cadei, Raymond M
Hearing Date: 2019.11.5
Excerpt: ...Court also granted Plaintiff's motion to deem matters in its requests for admissions admitted and awarded $260 in monetary sanctions. Plaintiff seeks terminating sanctions on the basis that Defendant has not provided the Court ordered responses. For misuse of the discovery process, including as is the case here, disobeying a court order to provide discovery, the Court may impose a terminating sanction by one of the following: an order striking ou...
2019.11.4 Motion for Stay of Discovery 963
Location: Sacramento
Judge: Cadei, Raymond M
Hearing Date: 2019.11.4
Excerpt: ...mber 6, 2018. On April 25, 2019, the Sacramento District Attorney's office filed felony charges against Dana Berry related to this incident, Case Number 19‐FE‐007262. (See Meyers Decl. at ¶10.) There was an arraignment on September 4, 2019 and on November 18, 2019 there will be a hearing to either enter a plea or set the case for trial. (See Meyers Decl. at ¶11) The moving papers seek a seek a stay of all civil discovery as to Dana Berry un...
2019.11.4 Motion to Dismiss for Delay in Prosecution 795
Location: Sacramento
Judge: Cadei, Raymond M
Hearing Date: 2019.11.4
Excerpt: ...days after service of the notice of motion to file an opposition to the motion. No opposition has been filed. Plaintiff's Complaint contains allegations that deficient flooring work was performed in the kitchen area of a Black Bear Diner restaurant which resulted in flooring defects. This action was originally filed with the Court over five years ago on July 25, 2014. Moving defendant Huff Construction was formally added to the Superior Court act...
2019.11.4 Motion for Preliminary Approval of Class Action Settlement 675
Location: Sacramento
Judge: Cadei, Raymond M
Hearing Date: 2019.11.4
Excerpt: ... appointing Plaintiff Donald Wright as class representative for purposes of settlement; 3. Preliminarily appointing the Shimoda Law Corp. as class counsel for purposes of settlement; 4. Preliminarily approving the proposed $350,000.00 class action settlement, which is incorporated herein by reference; 5. Preliminarily approving the application for payment to class counsel of attorneys' fees in the amount of $122,500.00 (35% of the Gross Settlemen...
2019.8.5 Demurrer 588
Location: Sacramento
Judge: Cadei, Raymond M
Hearing Date: 2019.8.5
Excerpt: ...T”). (Compl. ¶¶14, 20, Ex. 2.) Plaintiff alleges that in September 2009, she entered into a loan modification agreement with BANA, in which Plaintiff agreed to submit monthly payments in the amount of $858.18 for 60 months. (Id. ¶16, Ex. 3.) However, on December 1, 2009, Plaintiff alleges that BANA would no longer accept Plaintiff's payment of $858.18 because BANA claimed the payment was less than required. (Id. ¶18.) The loan was then assi...
2019.8.1 Motion for Entry of Judgment Pursuant to Settlement Agreement 280
Location: Sacramento
Judge: Cadei, Raymond M
Hearing Date: 2019.8.1
Excerpt: ...CCP 664.6 provides that "[i]f parties to pending litigation stipulate, in a writing signed by the parties outside the presence of the court or orally before the court, for settlement of the case, or part thereof, the court, upon motion, may enter judgment pursuant to the terms of the settlement. If requested by the parties, the court may retain jurisdiction over the parties to enforce the settlement until performance in full of the terms of t...
2019.8.1 Petition for Relief from Government Tort Claim 868
Location: Sacramento
Judge: Cadei, Raymond M
Hearing Date: 2019.8.1
Excerpt: ...til late July 2016, Petitioner was kept in solitary confinement. In late July 2016, Petitioner was sent to the Metropolitan State Hospital, and was kept there until late October 2016. Petitioner alleges that the hospital denied her prescribed medications and was instead given high doses of other medications, which caused her to suffer panic attacks, severe akathisia, and cognitive impairment. Petitioner was moved back to the jail and at the end o...
2019.8.1 Motion to Dismiss and Joinder 674
Location: Sacramento
Judge: Cadei, Raymond M
Hearing Date: 2019.8.1
Excerpt: ...ays after service of the notice of motion, the opposing party may serve and file a written opposition. Defendants served the motion (and joinder) via overnight delivery on 6/13/2019. Thus, Plaintiffs' opposition was due by no later than 7/8/2019 (15 days + 2 court days for overnight service). Plaintiffs filed and served their opposition via mail on 7/16/2019. The Court, however, in its discretion, considered Plaintiffs' untimely filed opposition....
2019.7.31 Motion to File Complaint 320
Location: Sacramento
Judge: Cadei, Raymond M
Hearing Date: 2019.7.31
Excerpt: ...ion work Plaintiff allegedly performed on Defendants' property, but for which he was allegedly never paid. Plaintiff's pleading asserts causes of action for mechanic's lien, breach of contract, promissory fraud, and seeks damages. Plaintiff filed the pleading in May of 2018, after he was allegedly not paid for work he allegedly performed in 2017‐18. Through the instant motion, Defendants seek leave to file a compulsory crosscomplaint pursuant t...
2019.7.30 Motion for Summary Judgment 270
Location: Sacramento
Judge: Cadei, Raymond M
Hearing Date: 2019.7.30
Excerpt: ...h of the moving defendants' 24 Undisputed Material Facts, plaintiff's five (5) Additional Material Facts and/or plaintiff's 34 written objections to evidence will be addressed at the hearing. The parties should be prepared to point to specific admissible evidence which is claimed to show the existence or non‐existence of a triable issue of material fact. *** The notice of motion does not provide notice of the Court's tentative ruling system, as...
2019.7.30 Motion to Strike 616
Location: Sacramento
Judge: Cadei, Raymond M
Hearing Date: 2019.7.30
Excerpt: ...ntiff White (“White”) alleges that in 2015, he and others decide to start a restaurant enterprise in which numerous restaurants would be opened. Based on BLF's and Burton's advice, it was decided that WCH Development, LLC (“WCH”) would be established as the managing entity for other operational entities. BLF and Burton explained that such a business structure was the best route for each investor to protect their assets from creditors and ...
2019.7.30 Motion to Strike Punitive Damages 068
Location: Sacramento
Judge: Cadei, Raymond M
Hearing Date: 2019.7.30
Excerpt: ...d by Local Rule 1.06(D), the notice does not comply with that rule. Moving counsel is directed to review the Local Rules, effective 1/1/2019. The opposition does not comply with CRC Rule 3.1110(b)(3)‐(4). Plaintiff's counsel is reminded that the meet‐and‐confer requirements of Code of Civil Procedure §435.5 are not optional and s/he is required to participate in the meet‐andconfer efforts “in person or by telephone” even if s/he disa...
2019.7.29 Motion for Summary Judgment, Adjudication 022
Location: Sacramento
Judge: Cadei, Raymond M
Hearing Date: 2019.7.29
Excerpt: ...ich is claimed to show the existence or non‐existence of a triable issue of material fact. *** Defendant Timothy Drake's motion for summary adjudication of the two causes of alleged in plaintiff's Second Amended Complaint (“2AC”) is ruled on as follows. Moving counsel failed to comply with CRC Rule 3.1350(b), requiring that the issues presented for summary adjudication be stated in the notice of motion and then repeated verbatim in the sepa...
2019.7.29 Motion to Dismiss and to Disburse Funds 915
Location: Sacramento
Judge: Cadei, Raymond M
Hearing Date: 2019.7.29
Excerpt: ...Plaintiff's opposition which was filed and served one court day late. Overview This is an action regarding the construction of an auditorium. Pursuant to the contract, the District and Plaintiff Waters Contracting, Inc. agreed that Plaintiff would open an escrow account to hold funds that would otherwise constitute a “retention.” (Complaint, ¶ 7.) Dismissed defendant/cross‐complainant Bank of Sacramento (“Bank”) agreed to hold the fund...
2019.7.29 Motion to File Amended Complaint 422
Location: Sacramento
Judge: Cadei, Raymond M
Hearing Date: 2019.7.29
Excerpt: ...sport her to her home. Among other things, she alleges that each defendant negligently maintained the vehicle and thereby caused the collision. She also advances theories of negligence based on the defendants' ownership, entrustment and operation of the vehicle. Trial is scheduled for March 2, 2020. Plaintiff desires to amend the complaint to add a cause of action for gross negligence against Dockery. According to Plaintiff's counsel, “duri...

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