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Judge: Cadei, Raymond M x
2022.07.28 Motion for Summary Judgment, Adjudication 340
Location: Sacramento
Judge: Cadei, Raymond M
Hearing Date: 2022.07.28
Excerpt: ...d 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. *** Defendants Susan Pikowsky, Raymond Tartar, Hallmark Properties, Harry M. Manji, Jon Yoshizo Manji, and the Manji Trust's (“Defendants”) motion for summary judgment and/or adjudication is ruled as follows. Plaintiffs Angela Andrews, and Harold Andrews, by and through his legal representative ...
2022.07.28 Demurrer 238
Location: Sacramento
Judge: Cadei, Raymond M
Hearing Date: 2022.07.28
Excerpt: ...Plaintiffs' request for judicial notice of a Residential Income Property Purchase Agreement is DENIED. The existence of a contract between private parties cannot be established by judicial notice under Evidence Code, § 452, subdivision (h). (Gould v. Maryland Sound Industries (1995) 31 Cal.App.4th 1137, 1145.) Plaintiffs request for judicial notice of a deed of reconveyance is GRANTED. (Evid. Code, § 452, subd. (d).) Defendants' request for jud...
2022.07.27 Motion to Quash Deposition Subpoena 017
Location: Sacramento
Judge: Cadei, Raymond M
Hearing Date: 2022.07.27
Excerpt: ...ndants John C. Wong (“Defendant John”), Richard Wong (“Defendant Richard”), Eugene Wong (“Defendant Eugene”), Eugson Wong (“Defendant Eugson”), Ting Chu Wong (“Defendant Ting Chu”), and Thomas Wong (“Defendant Thomas”) (collectively “Defendants”). (ROA 1.) Plaintiff alleges six causes of action ‐ (1) Declaratory Relief, (2) Breach of Fiduciary Duty, (3) Fraud, (4) Conversion, (5) Aiding and Abetting Breach of Fiducia...
2022.07.27 Demurrer to SAC 948
Location: Sacramento
Judge: Cadei, Raymond M
Hearing Date: 2022.07.27
Excerpt: ... contract with “The State of California” (“State”) in which the State would purchase personal protective equipment (“PPE”) for a total price of $799,015,000. Plaintiff did not receive any advance payments on the contract. At or around the same time, the State entered into contracts with least two other providers for the purchase of PPE, BYD Motors (“BYD”) and Blue Flame Medical, LLC (“Blue Flame”). Plaintiff is informed and be...
2022.07.26 Motion to Strike 118
Location: Sacramento
Judge: Cadei, Raymond M
Hearing Date: 2022.07.26
Excerpt: ... an adult service program that provides elderly and disabled adults an array of therapeutic programs. Defendant is an administrator for Kingdom Living ADHC. Eddie was a client of Kingdom Living ADHC from November 2016 to March 2019. In March 2019, Plaintiff moved her son to a different facility and alleges she learned from the administrator at the new facility that Defendant was making defamatory statements about her. Plaintiff alleges a single c...
2022.07.26 Motion for Summary Judgment 336
Location: Sacramento
Judge: Cadei, Raymond M
Hearing Date: 2022.07.26
Excerpt: ...the separate statement. Defendant applied for and was issued a Wells Fargo credit card ("Subject Account") ending in 5642. (UMF 1.) Plaintiff sent Defendant the credit card along with the written Customer Agreement associated with the credit card. (UMF 2.) Attached to the Declaration of Plaintiff's Qualified Witness as Exhibit "1," and incorporated herein by reference, is a true and correct copy of Defendant's Customer Agreement. Pursuant to the ...
2022.07.26 Motion for Final Approval Hearing 014
Location: Sacramento
Judge: Cadei, Raymond M
Hearing Date: 2022.07.26
Excerpt: ...n, the Court must still hold a hearing on the motion as it may involve the receipt of evidence or an appearance by a Class Member. Although the Court anticipates that no party will request oral argument, and while no Class Member indicated any intent to appear at the hearing, this does not relieve the parties from appearing at the hearing or otherwise render the instant ruling final in the event oral argument is not requested. The Court will not ...
2022.07.26 Motion for Discovery of Docs 206
Location: Sacramento
Judge: Cadei, Raymond M
Hearing Date: 2022.07.26
Excerpt: ...ury action arising from a motor vehicle accident that occurred on November 15, 2019, on westbound US‐50 in Sacramento, California (the “Incident”). The Incident involved Mr. Lachica, a truck driver in the employ of Mr. Singh, and Plaintiff, who is employed by CDCR. (Jacobson Decl. ¶ 2, 4.) Plaintiff alleges injuries as a result of the Incident, including lost wages and loss of earning capacity. (Jacobson Decl. ¶ 3, Exh. 2.) By this motion...
2022.07.07 Motion to Compel Deposition Answers 811
Location: Sacramento
Judge: Cadei, Raymond M
Hearing Date: 2022.07.07
Excerpt: ... and 54 (Law and Motion) of the Sacramento County Superior Court is 813 6th Street, Sacramento, California 95814.Plaintiff's counsel is directed to contact opposing counsel forthwith to advise counsel of Department 53's correct address, Local Rule 1.06, and the Court's tentative ruling procedure. If Plaintiff's counsel is unable to contact opposing counsel prior to the hearing, Plaintiff's counsel shall be available at the hearing, in person or r...
2022.07.07 Motion to Compel Arbitration and Stay Proceedings 605
Location: Sacramento
Judge: Cadei, Raymond M
Hearing Date: 2022.07.07
Excerpt: ...reet, Sacramento, California 95814. Ford's counsel is directed to contact opposing counsel forthwith to advise counsel of Department 53's correct address, Local Rule 1.06, and the Court's tentative ruling procedure. If Ford's counsel is unable to contact opposing counsel prior to the hearing, Ford's counsel shall be available at the hearing, in person or remotely (telephonically or by video conference via Zoom as stated in the introductory notice...
2022.07.07 Motion for Summary Judgment, Adjudication 063
Location: Sacramento
Judge: Cadei, Raymond M
Hearing Date: 2022.07.07
Excerpt: ...loyment law action, self‐represented Plaintiff Juliet Valderrama (“Plaintiff”) alleges causes of action under the Fair Employment and Housing Act (“FEHA”) for physical disability discrimination, physical disability harassment, failure to accommodate disabilities, failure to engage in the interactive process, and retaliation. Plaintiff also alleges a cause of action for violation of her rights under the California Family Rights Act (“C...
2022.07.07 Motion for Sanctions 123
Location: Sacramento
Judge: Cadei, Raymond M
Hearing Date: 2022.07.07
Excerpt: ...06 and the Court's tentative ruling procedure. If Defendants' counsel is unable to contact opposing counsel prior to the hearing, Defendants' counsel shall be available at the hearing, in person or remotely (telephonically or by video conference via Zoom as stated in the introductory notice to today's tentative rulings), in the event opposing counsel appears without following the procedures set forth in Local Rule 1.06 (B). Defendants' motion for...
2022.07.06 Demurrer, Motion to Strike 020
Location: Sacramento
Judge: Cadei, Raymond M
Hearing Date: 2022.07.06
Excerpt: ... Plaintiff alleges that she is a user of Defendants' healthcare insurance plan and seeks medical treatment at Defendants' facilities. (SAC, ¶ 6.) On November 13, 2020, Plaintiff was in an accident resulting in injury and went to Defendants' Emergency Department. “Plaintiff was in shock, traumatized, frightened and scared. Plaintiff was immobile, was placed in wheelchair by Defendant's personnel, and was in a state of total dependency on Defend...
2022.07.06 Petition to Compel Arbitration, to Stay of Dissolution Proceedings 173
Location: Sacramento
Judge: Cadei, Raymond M
Hearing Date: 2022.07.06
Excerpt: .... This is a consolidated action. On February 22, 2021, Tyler Davis (“Davis”) filed the Davis Dissolution Action in which he seeks dissolution of TopDevz, LLC (“TopDevz”) as well as damages and injunctive relief for breach of fiduciary duty, fraud and misappropriation. After Davis filed his complaint in the Davis Dissolution Action, Ashkan Rajaee (“Rajaee”) served a demand for arbitration. In response, Davis filed an answer to Rajaee's...
2022.07.05 Motion to Set Aside Default, Judgment 807
Location: Sacramento
Judge: Cadei, Raymond M
Hearing Date: 2022.07.05
Excerpt: ...guaranty and common counts on May 6, 2020. (ROA 1.) As individual adult defendants for whom no guardian or conservator has been appointed, the Vanacores must ordinarily be personally served. (Code Civ. Proc. § 416.90.) However, where the Vanacores cannot be personally served with reasonable diligence, Plaintiffs may instead serve the Vanacores “by leaving a copy of the summons and complaint at the person's dwelling house, usual place of abode,...
2022.07.05 Motion to Dismiss Complaint 541
Location: Sacramento
Judge: Cadei, Raymond M
Hearing Date: 2022.07.05
Excerpt: ...sion of CCP § 583.420. (Notice at 1.) Specifically, Defendant maintains Plaintiffs' action should be dismissed because the action has not been brought to trial within three years after being commenced against Defendant. (CCP § 583.420(a)(2) (A).) I. Overview This case arises out of Plaintiffs' employment with Defendant. Plaintiffs allege claims under the California Fair Employment and Housing Act (“FEHA”) for age/disability discrimination, ...
2022.07.05 Motion to Dismiss 544
Location: Sacramento
Judge: Cadei, Raymond M
Hearing Date: 2022.07.05
Excerpt: ...ailed to bring this action to trial within five years. Defendants contend the deadline passed on April 5, 2022. Code of Civil Procedure § 583.310 provides in its entirety: "An action shall be brought to trial within five years after the action is commenced against the defendant." California law clearly holds that the five year period actually commences upon the filing of the complaint. "Commencement" of an action for purposes of Code of Civil Pr...
2022.07.05 Motion for Summary Judgment, Adjudication 737
Location: Sacramento
Judge: Cadei, Raymond M
Hearing Date: 2022.07.05
Excerpt: ... is plead in the form of a common count. (Complaint at p. 3.) The common count is based on, inter alia , that Defendant became indebted to Plaintiff in the last four years (i) on an open book account for money due; and (ii) because an account was stated. (Ibid.) In its instant motion, Plaintiff seeks summary judgment or, in the alternative, summary adjudication as to what it indicates are two causes of action for (1) open book account; and (2) ac...
2022.07.05 Demurrer 909
Location: Sacramento
Judge: Cadei, Raymond M
Hearing Date: 2022.07.05
Excerpt: ...3 court days prior to the hearing. Under CCP § 1005(b), “[a]ll papers opposing a motion so noticed shall be filed with the court and a copy served on each party at least nine court days … before the hearing.” The Court declines to consider Plaintiff's untimely opposition and considers the demurrer unopposed and as a concession on the merits. I. Overview This case arises from what appears to be a home loan modification agreement that Plaint...
2022.07.05 Demurrer 457
Location: Sacramento
Judge: Cadei, Raymond M
Hearing Date: 2022.07.05
Excerpt: ...ls to state a claim because it is barred by Civil Code § 3482. (Notice at 1.) I. Overview This is a case for inverse condemnation and nuisance against the District. Plaintiffs are residents of Maita Circle, in East Tahoe Park, Sacramento. (FAC ¶¶ 3, 8‐36.) In April 2018, the District served public notice concerning relocation of its Transportation Center (the “Center”), which the District uses to “house office space for the transportat...
2022.04.21 Petition for Permission to File Late Tort Claim Against Government 892
Location: Sacramento
Judge: Cadei, Raymond M
Hearing Date: 2022.04.21
Excerpt: ...to CCP §911.2(a), Petitioner was required to file his tort claim by January 28, 2021. Petitioner failed to timely file his claim, and now seeks relief due to Petitioner's counsel's mistake, inadvertence and/or excusable neglect. “In deciding whether counsel's error is excusable, this court looks to: (1) the nature of the mistake or neglect; and (2) whether counsel was otherwise diligent in investigating and pursuing the claim.” (Bettencourt ...
2022.04.21 Motion for Determination of Good Faith Settlement 458
Location: Sacramento
Judge: Cadei, Raymond M
Hearing Date: 2022.04.21
Excerpt: ...f”) when he was sitting under a large Valley Oak, which caused him to sustain injuries and rendered him a paraplegic. Defendant and Cross‐Complainant Cosumnes Community Services District (“CCSD”) has filed a first‐amended cross‐ complaint ("FAXC") against the organizer of the event, Defendant Rebecca Gordon, individually and dba Flash Race and Event Management (“Gordon”). The FAXC asserts causes of action for indemnification, appo...
2022.04.21 Motion for Approval of Class Notice 616
Location: Sacramento
Judge: Cadei, Raymond M
Hearing Date: 2022.04.21
Excerpt: ...w displaying their name and address with return address information that contained the phrase “Prenatal Screening Program.” Plaintiff alleges Defendant disclosed in a common manner Plaintiff's and class members' sensitive and private personal medical information regarding their pregnancy. Plaintiff filed her complaint on July 16, 2019. Plaintiff's First Amended Class Action Complaint asserts the following two causes of action: (1) violation o...
2022.04.21 Demurrer, Motion to Strike 838
Location: Sacramento
Judge: Cadei, Raymond M
Hearing Date: 2022.04.21
Excerpt: ...nings acted as the sellers' agent, under the direct supervision of Purplebricks, her broker. Plaintiff alleges that the inspections reported that was nothing catastrophic that was apparent. Although Plaintiff requested a roof and pool inspection, her agent never responded to her request and an inspection never occurred. Plaintiff underwent a final walkthrough, but the walkthrough was only a walk from room to room. Without any confirmation whatsoe...
2022.04.20 Motion to Compel Arbitration 562
Location: Sacramento
Judge: Cadei, Raymond M
Hearing Date: 2022.04.20
Excerpt: ...led the operative First Amended Complaint (“1AC”) on September 1, 2020. (ROA 18.) Defendant filed a general denial to both the Complaint and 1AC. (ROAs 7, 22.) Defendant moves to compel arbitration pursuant to the Cardmember Agreement, which contains a provision that states, in relevant part: “You and Wells Fargo Bank, N.A. (the “Bank”) agree that if a Dispute arises between you and the Bank, upon demand by either you or the Bank, the D...
2022.04.20 Motion for Judgment on the Pleadings 128
Location: Sacramento
Judge: Cadei, Raymond M
Hearing Date: 2022.04.20
Excerpt: ... the proper subject of judicial notice. The County does not specifically cite to any subjection of section 452 under which it believes the letters qualify for judicial notice and the Court finds none. However, the County's request that the Court take judicial notice of Sacramento County Zoning Code Chapter 6, section 6.1.3, is granted. Plaintiffs American River AG, Inc. (“ARA”) and American Hay & Cattle, LLC's (collectively, “Plaintiffs”)...
2022.04.20 Motion for Judgment on the Pleadings 474
Location: Sacramento
Judge: Cadei, Raymond M
Hearing Date: 2022.04.20
Excerpt: ...y 26, 2021, alleging defamation against 24 Hour Fitness. Plaintiff's claims arise from conduct that allegedly occurred in or about March of 2020. 24 Hour Fitness moves for judgment on the pleadings on the ground that since March of 2020, Plaintiff's claims have become subject to debt reduction or elimination per Bankruptcy Order and are now discharged, except as to any relief Plaintiff may have requested in Bankruptcy Court. A motion for judgment...
2022.04.20 Motion to Strike Portions of SAC 652
Location: Sacramento
Judge: Cadei, Raymond M
Hearing Date: 2022.04.20
Excerpt: ...2AC”) is GRANTED as follows. Defendants have indicated the incorrect address in the notice of motion. The correct address for Department 54 of the Sacramento County Superior Court is 813 6th Street, Sacramento, California 95814. Defendants shall notify Plaintiff immediately. Factual and Procedural Background This case arises out of the alleged purchase of an ARCO/AMPM gas station and related real estate by Plaintiff and Mr. Chandi in the name...
2022.04.20 Motion to Compel Arbitration and Stay or Dismiss Proceedings 584
Location: Sacramento
Judge: Cadei, Raymond M
Hearing Date: 2022.04.20
Excerpt: ...ant, a Buick and GMC dealership. Plaintiff filed the Complaint on November 22, 2021, alleging claims for violation of the California Family Rights Act (“CFRA”) and the Family Medical Leave Act (“FMLA”), discrimination based upon his marital status, wrongful termination, intentional misrepresentation, negligent misrepresentation, failure to pay wages, and waiting time penalties. On September 26, 2018, Plaintiff executed an “Applicant Sta...
2022.04.20 Motion to Strike (SLAPP) 164
Location: Sacramento
Judge: Cadei, Raymond M
Hearing Date: 2022.04.20
Excerpt: ...nselor (“SMHC”). (Reiman Decl. ¶ 4, Exh. A.) The email included a letter written by plaintiff Parvin Olfati (“Plaintiff”) to the County and other government representatives and agencies complaining about a conspiracy against her. (Reiman Decl. ¶ 5, Exh. B.) Due to concerns for Plaintiff's mental health, Reiman asked Pisan, a SMCH with the County Community Support Team (“CST”), to help Plaintiff. (Reiman Decl. ¶ 8, Exh. A; Pisani De...
2022.04.20 Motion to File SAC 390
Location: Sacramento
Judge: Cadei, Raymond M
Hearing Date: 2022.04.20
Excerpt: ...lord‐tenant dispute involving plaintiffs Mark Clark and Freda Clark (collectively “Plaintiffs/Cross‐Defendants”). Singh and his spouse, Saini, are the owners of the leased property located at 5901 Watt Avenue and 5901 A Watt Avenue in North Highlands, California (the “Property”). Plaintiffs/Cross‐Defendants filed their original Complaint on May 7, 2021, against Defendants/Cross‐Complainants. Defendants/Cross‐Complainants filed t...
2022.04.19 Motion to File SAC 408
Location: Sacramento
Judge: Cadei, Raymond M
Hearing Date: 2022.04.19
Excerpt: ...ent (“Agreement”) between plaintiff and defendant Department of General Services (“DGS”). The Agreement was signed on 4/18/2014, with two subsequent amendments changing the commencement date of the lease. Amendment Two changed the commencement date to 9/1/2017. The lease term specified in the Agreement was to be 25 years. Pursuant to the Agreement, plaintiff agreed to construct certain improvements on the property, which required various ...
2022.04.19 Motion for Summary Judgment, Adjudication 928
Location: Sacramento
Judge: Cadei, Raymond M
Hearing Date: 2022.04.19
Excerpt: ...ted, the parties are directed to notify the clerk and opposing counsel at the time of the request which of moving defendant's 28 Undisputed Material Facts, plaintiffs' 31 Additional Material Facts and/or moving defendant's 31 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. ...
2022.04.19 Motion for Protective Order 834
Location: Sacramento
Judge: Cadei, Raymond M
Hearing Date: 2022.04.19
Excerpt: ...d as plaintiffs. It is claimed that at this hearing information relating to plaintiff Bacco‐Scribner's visit to the emergency room at Marshall Medical Center (“MMC”) on 6/23/2019 was disclosed and that defendant Croff, an administrator of Pacific Medical, Inc. (“Pacific”) had wrongfully accessed plaintiff's medical records in order to willfully and maliciously disclose the personal information to third parties so it could be used agains...
2022.04.19 Motion for Judgment on the Pleadings 540
Location: Sacramento
Judge: Cadei, Raymond M
Hearing Date: 2022.04.19
Excerpt: ...l Procedure §439(a), which requires the moving party to meet‐and‐confer “in person or by telephone” with the party filing the pleading that is the subject of the motion for judgment on the pleadings. (Bold added for emphasis.) Moving counsel is advised that the future motions which do not comply with the express requirements of §439 may be stricken and/or dropped from calendar. Moving counsel failed to comply with CRC Rule 3.1110(b)(3)...
2022.04.13 Motion to Strike, Demurrer 893
Location: Sacramento
Judge: Cadei, Raymond M
Hearing Date: 2022.04.13
Excerpt: ...iffs' allegations related to their requests for enhanced remedies under the Elder Abuse and Dependent Adult Civil Protection Act (the “Act”), prejudgment interest, and more. A motion to strike is appropriate to strike out any irrelevant, false or improper matter asserted in any pleading and the Court may strike out all or any party of any pleading not drawn or filed in conformity with the law. (See Code Civ. Pro. § 436 (a)‐(c).) A motion t...
2022.04.13 Motion to Quash Subpoenas 293
Location: Sacramento
Judge: Cadei, Raymond M
Hearing Date: 2022.04.13
Excerpt: ...t while she was driving on the freeway when she was rearended by a semi‐truck driven by Defendant David Kirkland. Plaintiff alleged that Mr. Kirkland was employed by Defendants NorCal Lumber Company and West Coast Framing, Inc. Plaintiff alleges that she suffered injuries to her neck, back, shoulder, arm and hand. Defendants issued a medical records subpoena to Sutter Medical Foundation. Plaintiff moves to quash the subpoena on the basis that i...
2022.04.13 Motion to Compel Compliance with Deposition Subpoena 849
Location: Sacramento
Judge: Cadei, Raymond M
Hearing Date: 2022.04.13
Excerpt: ...an OST on March 28, 2022. Any opposition was due by April 6, 2022. Plaintiff filed a brief opposition but A&S did not file any opposition. No reply was permitted. This action stems from an incident on June 19, 2018, at EJ's Tires and Auto Repair. Plaintiff Antonio Anaya was an auto mechanic employed by EJ. Defendant Ion Sirbu was employed by defendant TWT Express, LLC, and had brought a pick ‐up truck with a trailer attached to EJ's to have the...
2022.04.12 Demurrer 775
Location: Sacramento
Judge: Cadei, Raymond M
Hearing Date: 2022.04.12
Excerpt: ...ckground On 9/3/21, Judge Krueger sustained Defendants' demurrer to the previous pleading, with leave to amend. (Register of Actions (“ROA”) No. 45.) Judge Krueger ruled that, based on the pleaded facts, Defendants showed that they have immunity under Government Code § 44808. “EGUSD argues that they owed no duty to Brinsmead because the school had not yet begun to undertake the transportation of Brinsmead to school on the day of the accide...
2022.04.12 Motion for Summary Judgment, Adjudication 930
Location: Sacramento
Judge: Cadei, Raymond M
Hearing Date: 2022.04.12
Excerpt: .... CSG opposes. This action arises out of Boutin Jones's representation of the "Original Grange" in an underlying dispute with the National Grange and the CSG and the legal fees it received from the Original Grange pursuant thereto. The Court is familiar with the long running litigation between the parties, but in brief, the underlying dispute began on October 1, 2012, when the National Grange sued the Original Grange in this Court. The National G...
2022.04.12 Motion for Determination of Good Faith Settlement 609
Location: Sacramento
Judge: Cadei, Raymond M
Hearing Date: 2022.04.12
Excerpt: ...is UNOPPOSED and GRANTED as follows. The notice of motion does not provide notice of the Court's tentative ruling system as required by Local Rule 1.06(D). Moving counsel is ordered to notify other parties immediately of the tentative ruling system and to be available at the hearing, via Zoom audio or video, in the event any party appears without following the procedures set forth in Local Rule 1.06(B). Background The Regents of the University of...
2022.04.12 Motion for Protective Order 673
Location: Sacramento
Judge: Cadei, Raymond M
Hearing Date: 2022.04.12
Excerpt: ...t Code section 53069.4 does not permit the introduction of new evidence in the instant action, such that Appellants' attempts to obtain discovery from the City are unnecessary and improper. This action takes the form of an appeal of a penalty issued through the City's administrative process, wherein Appellants were fined $137,500 after 275 cannabis plants were found at their property. Appellants appealed the penalty through the City's administrat...
2021.12.30 Demurrer, Motion to Strike 506
Location: Sacramento
Judge: Cadei, Raymond M
Hearing Date: 2021.12.30
Excerpt: ...usiness of providing aesthetic treatments and cosmetic medical services to the public. (Complaint, ¶¶ 1, 4.) Plaintiff alleges that Defendant negligently performed the laser vain removal procedure and that she was left with a discolored, swollen, bleeding, scabbed, and scared face. (Id., at 2.) Plaintiff alleges that, on or about January 10, 2020, Plaintiff engaged Defendant to perform vein therapy services to remove unwanted small, facial vein...
2021.12.29 Motion to Approve PAGA Settlement 120
Location: Sacramento
Judge: Cadei, Raymond M
Hearing Date: 2021.12.29
Excerpt: ...t counsel for opposing party prior to hearing, counsel for moving party shall be available at the hearing, in person or by telephone, in the event opposing party appears without following the procedures set forth in Local Rule 1.06(B). Plaintiff Walter Scott's motion to approve Private Attorneys General Act (“PAGA”) settlement is UNOPPOSED and GRANTED. This is a wage and hour PAGA action brought by Plaintiff on behalf of similarly situated in...
2021.12.29 Motion for Summary Judgment, Adjudication 858
Location: Sacramento
Judge: Cadei, Raymond M
Hearing Date: 2021.12.29
Excerpt: ...nts, including moving defendant, were negligent in the medical care of the decedent and caused her death on March 9, 2019. (Complaint ¶ 8.) Plaintiffs allege a single cause of action for “Medical Negligence and Wrongful Death.” This matter has not yet been set for trial. Dr. Sadik moves for summary judgment, or summary adjudication, on the grounds that there was no physician‐patient relationship and Dr. Sadik's decision‐making and clinic...
2021.12.28 Motion to Strike 956
Location: Sacramento
Judge: Cadei, Raymond M
Hearing Date: 2021.12.28
Excerpt: ...ent. With respect to punitive damages, Plaintiffs allege: “that at the time of the negligent acts and omissions complained of herein. Defendant, DANIEL IHRIG, willfully and deliberately operated a motor vehicle while on his cell phone/electronic device and in a dangerous and reckless manner. Plaintiffs further allege that all of Defendant, DANIEL IHRIG'S actions, as described herein, were committed knowingly and intentionally, and with a reckle...
2021.12.28 Motion for Final Approval of Class Action Settlement 380
Location: Sacramento
Judge: Cadei, Raymond M
Hearing Date: 2021.12.28
Excerpt: ...rocedure § 382, California Rules of Court, Rule 3.769.) In approving a class action settlement, the Court is to determine whether the settlement is fair, reasonable and adequate, in light of all of the circumstances. ( California v. Levi Strauss & Co. (1986) 41 Cal.3d 460, 471; Dunk v. Ford Motor Co. (1996) 48 Cal.App.4th 1794, 1801.) The trial court has broad discretion to determine whether a proposed settlement in a class action is fair, adequ...
2021.12.28 Demurrer 948
Location: Sacramento
Judge: Cadei, Raymond M
Hearing Date: 2021.12.28
Excerpt: ...The State of California” (“State”) in which the State would purchase personal protective equipment (“PPE”) for a total price of $799,015,000. Plaintiff did not receive any advance payments on the contract. At or around the same time, the State entered into contracts with least two other providers for the purchase of PPE, BYD Motors (“BYD”) and Blue Flame Medical, LLC (“Blue Flame”). Plaintiff is informed and believes, that BYD ...
2021.12.28 Demurrer 724
Location: Sacramento
Judge: Cadei, Raymond M
Hearing Date: 2021.12.28
Excerpt: ...lle Elledge's (“Elledges”) demurrer to Plaintiff Leonard C. Jones, Administrator of the Alegrie Davis Estate' (“Jones”) complaint is ruled upon as follows. This is an action for breach of contract and declaratory relief. Jones alleges that on December 31, 2019, the Elledges entered into a written agreement (the “Agreement”) whereby they agreed to purchase real property ("Property") from Jones. Jones alleges that the Elledges “unlawf...
2021.06.10 Motion for Summary Adjudication 949
Location: Sacramento
Judge: Cadei, Raymond M
Hearing Date: 2021.06.10
Excerpt: ...e used to legally distribute cannabis. SIGNAL filed its complaint on January 22, 2019, alleging the following six causes of action: (1) breach of written contract; (2) breach of covenant of good faith and fair dealing; (3) specific performance; (4) declaratory relief re: liability and damages; (5) declaratory relief re: liability for breach of contract; and (6) injunctive relief. SAMRA filed a Cross‐Complaint for declaratory relief on March 4, ...
2021.06.10 Motion to Set Aside Default 039
Location: Sacramento
Judge: Cadei, Raymond M
Hearing Date: 2021.06.10
Excerpt: ...pon as follows. Defendant argues the default should be set aside because he had no actual notice of the lawsuit against him until April of 2021, reasonably relied on his office staff to inform him of matters/documents coming into an office that he did not physically visit during the pandemic, and promptly sought assistance from counsel upon discovering that the clerk [had entered a default against him. Background According to the moving papers, M...
2021.06.09 Motion for Judgment on the Pleadings 191
Location: Sacramento
Judge: Cadei, Raymond M
Hearing Date: 2021.06.09
Excerpt: ...money lent. (ROA 1.) When the moving party is the plaintiff, there is only one ground for a motion for judgment on the pleadings: “the complaint states facts sufficient to constitute a cause or causes of action against the defendant and the answer does not state facts sufficient to constitute a defense to the complaint.” (Code Civ. Proc. § 438(c)(1)(A).) The Court must disregard all controverted allegations in the complaint and accept all fa...
2021.06.09 Demurrer 109
Location: Sacramento
Judge: Cadei, Raymond M
Hearing Date: 2021.06.09
Excerpt: ...nd advise counsel of Local Rule 1.06 and the Court's tentative ruling procedure and the manner to request a hearing. If moving counsel is unable to contact Plaintiffs' counsel prior to hearing, moving counsel is ordered to appear at the hearing via Zoom or by telephone. Defendant's request for judicial notice is granted. Defendant demurs to the first cause of action for retaliation for reporting sexual harassment on grounds that it does not state...
2021.06.09 Petition to Compel Arbitration 594
Location: Sacramento
Judge: Cadei, Raymond M
Hearing Date: 2021.06.09
Excerpt: ...rts in California along with a brief and declaration filed by Ford in an action pending in the Southern District of California, is granted. In taking judicial notice of these documents, the Court accepts the fact of their existence but not the truth of their contents. (See Professional Engineers v. Dept. of Transp. (1997) 15 Cal.4th 543, 590 (judicial notice of findings of fact does not mean that those findings are true); Steed v. Dept. of Consum...
2021.06.09 Motion to Approve Settlement and Consent Judgment 063
Location: Sacramento
Judge: Cadei, Raymond M
Hearing Date: 2021.06.09
Excerpt: ...Defendant”) has exposed individuals to lead from its sale of the Brass Spinning Top(“Product” or “Covered Product”), sold by and through Amazon.com, Inc., and that the Brass Spinning Top was distributed and/or offered for sale in California. A true and correct copy of the Consent Judgment is attached as Exhibit A to the declaration of Richard Morin. On February 19, 2020, Plaintiff, pursuant to Health & Safety Code section 25249.7(d), ma...
2021.06.09 Motion to Strike, Demurrer 263
Location: Sacramento
Judge: Cadei, Raymond M
Hearing Date: 2021.06.09
Excerpt: ...Court will also consider Defendant's motion to strike. The notice of motion does not provide notice of the Court's tentative ruling system as required by Local Rule 1.06(D). Defendant's counsel is directed to immediately provide notice to Plaintiff's counsel of the tentative ruling system and to be available at the hearing, via Zoom video or audio, in the event Plaintiff's counsel appears without following the procedures set forth in Local Rule 1...
2021.06.08 Petition to Compel Arbitration 229
Location: Sacramento
Judge: Cadei, Raymond M
Hearing Date: 2021.06.08
Excerpt: ...t, Jesse Mendez; and Jesse Mendez, individually ("Plaintiffs') bring this action alleging elder abuse, violation of patient rights, and wrongful death. Defendant contends Olivia Mendez lacked the mental capacity to be her own responsible party when she was admitted to defendant's facility. Defendant contends Jesse Mendez executed an Agreement to Arbitration of Medical Malpractice Disputes and valid Agreement to Arbitration of Dispute Other than M...
2021.06.08 Demurrer 857
Location: Sacramento
Judge: Cadei, Raymond M
Hearing Date: 2021.06.08
Excerpt: ...ted. Plaintiff sues defendant for breach of oral contract, promissory estoppel, unjust enrichment, fraudulent inducement, and declaratory relief arising out of a judgment of the Sacramento County Family Law Court entered in 2007. Plaintiff alleges that by way of an oral agreement allegedly reached with Kelly in 2009, the entire unpaid portion of the Judgment was waived or forgiven. Plaintiff further seeks damages and injunctive relief precluding ...
2021.06.03 Motion to Enforce Settlement 273
Location: Sacramento
Judge: Cadei, Raymond M
Hearing Date: 2021.06.03
Excerpt: ...for attorney's fees. CCP § 664.6 provides: “If 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 o...
2021.06.03 Motion to Compel Further Responses 329
Location: Sacramento
Judge: Cadei, Raymond M
Hearing Date: 2021.06.03
Excerpt: ...ief. Plaintiff alleges that its subsidiary entered into a transaction with CalSTRS in July 2018. (FAC ¶ 7.) Plaintiff alleges that Defendants have repeatedly claimed that Plaintiff owes them a fee that was due upon successful completion of the transaction equal to 1‐2% of the total investment obtained from CalSTRS as part of the transaction. (Id. ¶ 8.) Plaintiff seeks a declaration that any payment of fees to Defendants contingent upon comple...
2021.06.03 Motion to Compel Answers at Deposition 393
Location: Sacramento
Judge: Cadei, Raymond M
Hearing Date: 2021.06.03
Excerpt: ...ement. He alleges that his disability could have been accommodated by allowing him to wear his sidearm and equipment on a weight‐bearing vest instead of the traditional leather belt. Plaintiff took the deposition of Captain Matthew Stover (“Cpt. Stover”), his commander. At the deposition, Plaintiff's counsel asked Cpt. Stover the following question a number of times: “Can you think of any reason why it would not be reasonable for someone ...
2021.06.03 Demurrer 403
Location: Sacramento
Judge: Cadei, Raymond M
Hearing Date: 2021.06.03
Excerpt: ...ual was shot and killed and while he was determined not to be the killer, though he was found guilty of robbery. (FAC ¶ 7.) He alleges that the laws regarding the felony‐murder rule changed during his incarceration such that if the “perpetrator was not the shooter resulting in the death of an individual then a sentence should have been for a far lesser period of time.” (Id. ¶ 9.) He alleges that as a result of the change in aw he was “i...
2021.04.08 Motion for Summary Judgment, Adjudication 238
Location: Sacramento
Judge: Cadei, Raymond M
Hearing Date: 2021.04.08
Excerpt: ... Complaint asserts against defendants American Staffing Services, LLC, Galvez and others for misappropriation of trade secrets, interference with contract and prospective economic relations, breach of fiduciary duty, defamation, false advertising and unfair business practices. Defendant Galvez filed in December 2018 a cross‐complaint against SVSD, McAlpine and others for breach of contract, false promise, intentional misrepresentation, negligen...
2021.04.07 Demurrer 338
Location: Sacramento
Judge: Cadei, Raymond M
Hearing Date: 2021.04.07
Excerpt: ...California. The Complaint contains causes of action for the following alleged violations: (1) Labor Code §§510 and 1198 (Unpaid Overtime); (2) Labor Code §§ 226.7 and 512(a) (Unpaid Meal Period Premiums); (3) Labor Code § 226.7 (Unpaid Rest Period Premiums); (4) Labor Code §§ 1194, 1197, and 1197.1 (Unpaid Minimum Wages); (5) Labor Code §§ 201 and 202 (Final Wages Not Timely Paid); (6) Labor Code § 204 (Wages Not Timely Paid During Empl...
2021.04.07 Motion for Judgment on the Pleadings 214
Location: Sacramento
Judge: Cadei, Raymond M
Hearing Date: 2021.04.07
Excerpt: ...amin James White initially failed to answer the Complaint and Plaintiff requested and obtained an entry of default and a default judgment on June 8, 2017. Plaintiff served the Notice of Entry of Judgment on July 28, 2017. On September 18, 2019, Defendant moved to set aside the entry of default and the judgment on the grounds that he had not been properly served with the Complaint, which was served by substitute service. On November 21, 2019, the ...
2021.04.07 Petition to Compel Arbitration 068
Location: Sacramento
Judge: Cadei, Raymond M
Hearing Date: 2021.04.07
Excerpt: ...tice of findings of fact does not mean that those findings of fact are true];Steed v. th Department of Consumer Affairs(2012) 204 Cal.App.4th112, 120‐121 ["[W]hile the existence of any document in a court file may be judicially noticed, the truth of the matters asserted in those documents, including the factual findings of the judge who was sitting as the trier of fact, is not entitled to notice."];Sosinsky v. Grant(1992) 6 Cal.App.4th 1548, 15...
2021.04.06 Motion to Compel Further Answers 778
Location: Sacramento
Judge: Cadei, Raymond M
Hearing Date: 2021.04.06
Excerpt: ...ry 2019 and the pleading purports to assert causes of action for retaliation and disability discrimination under the FEHA, retaliation in violation of the Labor Code, and retaliation in violation of the Health & Safety Code. Defendant denies liability, insisting that Plaintiff's employment was terminated was a legitimate non‐ discriminatory and non‐retaliatory reason: Plaintiff's failure to perform her managerial duties and specifically, her ...
2021.04.06 Demurrer 082
Location: Sacramento
Judge: Cadei, Raymond M
Hearing Date: 2021.04.06
Excerpt: ...s‐Defendant First Franklin Financial Corporation's (“FFF”) demurrer to Defendants/Cross‐Complainants Christine and Richard Evans' (the “Evans”) first amended cross‐complaint (“FAXC”) is ruled upon as follows. Overview Plaintiff/Cross‐Defendant Aspen G LLC's (“Aspen”) complaint asserts causes of action for breach of contract and common counts ‐ money owed. Aspen alleges that on 8/31/2005, the Evans obtained a loan for $12...
2021.02.18 Motion to File SAC 210
Location: Sacramento
Judge: Cadei, Raymond M
Hearing Date: 2021.02.18
Excerpt: ...r agreement executed by the Hill Defendants in connection with the latter's legal malpractice action against another law firm which resulted in a substantial settlement after Freidberg was disqualified. Although Freidberg filed a Notice of Lien in the malpractice action, it is alleged that this lien was not honored by the Hill Defendants, their subsequent attorneys and others. Pursuant to the provisions of the retainer agreement, the Hill Defenda...
2021.02.18 Motion to File FAC 786
Location: Sacramento
Judge: Cadei, Raymond M
Hearing Date: 2021.02.18
Excerpt: ...khin (“Rassikhin”), the Safety Manager for USKO. She alleges that Rassikhin sexually harassed her, including sexually assaulting her multiple times. Plaintiff filed her initial complaint on 10/28/2019. No trial is scheduled. Plaintiff moves for leave to file a first amended complaint (“FAC”), the only amendment is to add Rassikhin as a named defendant. In support of the motion, Plaintiff's counsel avers: “The effect of the proposed amen...
2021.02.18 Demurrer, Motion to Strike 820
Location: Sacramento
Judge: Cadei, Raymond M
Hearing Date: 2021.02.18
Excerpt: ...e of action, Plaintiff alleges: “On information and belief, Defendant Cheryl Hess is and at all relevant times to this complaint was the wife of Defendant Dana Hess, who caused a multi‐car pileup as a result of his negligent driving on May 10, 2018, with Plaintiff Elizabeth Buchmiller sustaining injury as a result of that collision. Instead of offering to pay Plaintiff Elizabeth Buchmiller's medical bills or check to see how she was doing, De...
2021.02.18 Demurrer 616
Location: Sacramento
Judge: Cadei, Raymond M
Hearing Date: 2021.02.18
Excerpt: ...rs. *** Defendant California Department of Public Health's (“CDPH”) demurrer to Plaintiff Johnnae M. Harkey‐ Kirk's first amended complaint (“FAC”) is ruled upon as follows. Overview This is a putative class action for CDPH's purported “unauthorized disclosure of sensitive and private personal medical information regarding Plaintiff and class members' pregnancy tests.” (FAC, ¶ 1.) Plaintiff alleges that: “8. On or about November ...
2021.02.17 Motion to Strike Punitive Damages 470
Location: Sacramento
Judge: Cadei, Raymond M
Hearing Date: 2021.02.17
Excerpt: ...h plaintiff's vehicle. Specifically, Plaintiff alleges that Bradley Bradley Jr., while in the course and scope of employment with DWT “drove negligently in that he made an erratic and abrupt U‐turn across multiple lanes of traffic and across the double yellow lines, resulting in a serious collision. (First Amended Complaint (FAC), COA 2.) The FAC, filed December 23, 2020, ostensibly alleges causes of action for general negligence, motor vehic...
2021.02.17 Motion for Summary Judgment 422
Location: Sacramento
Judge: Cadei, Raymond M
Hearing Date: 2021.02.17
Excerpt: ...5 Cal.4th543, 590; Steed v. Department of Consumer Affairs (2012) 204 Cal.App.4th 112, 120‐121.) In this personal injury action, Plaintiff Domenica Manley alleges that she was harmed as a result of the negligent performance by Defendant Gonik of a robotic assisted laparoscopy with resection of a right pelvic sidewall mass and nerve sheath tumor. (Compl. para. 18.) Plaintiff also alleges that Dr. Gonik also was negligent in failing to intra‐op...
2021.02.17 Demurrer 052
Location: Sacramento
Judge: Cadei, Raymond M
Hearing Date: 2021.02.17
Excerpt: ...ed to serve as equal shareholders, co‐officers, and co‐directors with Jahnsen and Gregorio Candelario each receiving approximately half of the annual net profits. Plaintiff alleges that Defendant Gregorio Candelario was the Chief Financial Officer of the company and therefore was primarily charged with maintaining the company's books and records, preparing tax returns, and other fiduciary duties. According to Plaintiff, “[s]tarting in appro...
2021.02.16 Motion for Attorneys' Fees 252
Location: Sacramento
Judge: Cadei, Raymond M
Hearing Date: 2021.02.16
Excerpt: ...sing him of engaging in illegal acts. The First Amended Complaint (“FAC”) alleged a single cause of action for slander per se. Defendant filed a special motion to strike the FAC, which the Court granted on December 9, 2020. A formal order granting the motion was entered on December 21, 2020. Defendant now moves to recover $31,276.17 in attorneys' fees and costs under Code of Civil Procedure (“CCP”) section 425.16, subdivision (c). Discuss...
2021.02.16 Motion to Set Aside Default, Judgment 020
Location: Sacramento
Judge: Cadei, Raymond M
Hearing Date: 2021.02.16
Excerpt: ... which was extended to defendant. The proof of service filed on 11/25/2019 indicates the summons & complaint were personally served on defendant at a residence located in Elk Grove on 11/20/2019 at 4:20 p.m. A default was subsequently entered against defendant on 2/5/2020, followed by a default judgment of just over $5,500. Moving Papers. Defendant now moves to set aside the default and default judgment on the ground that she was never personally...
2021.02.16 Motion for Relief from Waiver of Discovery Objections 228
Location: Sacramento
Judge: Cadei, Raymond M
Hearing Date: 2021.02.16
Excerpt: ...es (Set One). After oral argument, the court ordered CDCR to serve verified written responses, without objections, by no later than December 30, 2020. (ROA 31.) As relevant background, CDCR obtained several extensions to respond to the discovery due to: (1) the retirement of the key CDCR contact in June 2020; (2) lack of access to documents and availability of CDCR staff to assist in the completion of said responses because of the unprecedented C...
2021.02.16 Motion for Summary Judgment 160
Location: Sacramento
Judge: Cadei, Raymond M
Hearing Date: 2021.02.16
Excerpt: ... the time of the request which of moving defendants' 30 Undisputed Material Facts, plaintiff's 29 Additional Material Facts and/or which of the parties' respective objections to evidence will be addressed at the hearing. The parties should be prepared to point to specific admissible evidence already in the record which is claimed to show the existence or nonexistence of a triable issue of material fact. *** To the extent Defendants' motion actual...
2021.01.19 Motion to Strike 116
Location: Sacramento
Judge: Cadei, Raymond M
Hearing Date: 2021.01.19
Excerpt: ...hat while he resided there, he was subjected to an infestation of bedbugs. Plaintiff alleges that he moved into the apartments in June 2015 but nearly a year later, in April 2016, he began to experience physical injury that he came to believe was caused by bedbugs. Plaintiff alleges he made three complaints to Stonegate management. On the first two occasions, “management admitted that there was a bedbug problem, but informed [plaintiff] that it...
2021.01.19 Motion to Set Aside Default, Judgment 020
Location: Sacramento
Judge: Cadei, Raymond M
Hearing Date: 2021.01.19
Excerpt: ... residence located in Elk Grove on 11/20/2019. A default was subsequently entered against defendant on 2/5/2020, followed by a default judgment of just over $5,500. Defendant now moves to set aside the default and default judgment on the ground that she was never personally served with the summons & complaint and never received actual notice of this lawsuit until September 2020, when her brother received a letter addressed to defendant at an addr...
2021.01.19 Motion for Summary Judgment, Adjudication 396
Location: Sacramento
Judge: Cadei, Raymond M
Hearing Date: 2021.01.19
Excerpt: ...ed 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. *** Defendants Valley Development Company, Inc. (“VDC”), Sutter Valley Development, Inc. (“SVD”) and Manjit Singh's (“Singh”) motion for summary judgment, or in the alternative, motion for summary adjudication is ruled upon as follow. As an initial matter, the...
2021.01.14 Motion to Enforce Settlement 996
Location: Sacramento
Judge: Cadei, Raymond M
Hearing Date: 2021.01.14
Excerpt: ...pulation for Entry of Judgment") on the eve of trial. Section 1(b) of the Settlement Agreement defines a "Settlement Default" as "Defendant's breach or failure to fully and timely perform any term, condition, promise or obligation under this Agreement." (Taylor Decl., ¶ 9, Exh. 1 at p. 1) A "Termination Event" is defined in Section 1(e) of the Settlement Agreement as "the occurrence of a Settlement Default that is not fully cured within ten (10)...
2021.01.14 Motion to Compel SROGs 682
Location: Sacramento
Judge: Cadei, Raymond M
Hearing Date: 2021.01.14
Excerpt: ...it on November 1, 2018. On July 28, 2020, Plaintiff propounded Special Interrogatories, Set Three, to Defendant. On September 30, 2020, pursuant to agreement, Defendant provided responses and objections to these requests. At the time the responses were served, they lacked verifications. Defendant forwarded verifications of the responses on or about October 4, 2020. The Parties engaged in multiple attempts to meet and confer regarding the response...
2021.01.14 Motion to Compel Further Responses 752
Location: Sacramento
Judge: Cadei, Raymond M
Hearing Date: 2021.01.14
Excerpt: ... and complete responses to certain requests for production. Defendant interposed numerous objections to the requests, including objections based on relevance, burden and oppression, trade secrets and attorney‐client privilege. DISCUSSION Request Nos. 1 and 2 Request No. 1 seeks “DOCUMENTS pertaining to review by the "Escalation Team" or "HCCM National Escalations" (referenced in Defendant's document production HMA000644 HMA000645) of Plaintif...
2021.01.14 Motion for Summary Judgment, Adjudication 326
Location: Sacramento
Judge: Cadei, Raymond M
Hearing Date: 2021.01.14
Excerpt: ...uance pursuant to Code of Civil Procedure section 437c(h). Plaintiff was required to file any amended Opposition to Defendant's motion on or before December 30, 2020. Plaintiff did not file any amended Opposition. Objections Plaintiff's Objections are overruled. Defendant's Objection Nos. 17‐19 and 21‐24 are sustained. The Court does not rule on the remaining objections pursuant to Code of Civil Procedure §437c(q) since they concern evidence...
2021.01.14 Demurrer 620
Location: Sacramento
Judge: Cadei, Raymond M
Hearing Date: 2021.01.14
Excerpt: ..."Buick"). The Buick originally belonged to Guy T. Nelson, who is now deceased (Compl. ¶¶ 8‐10.) Plaintiff Krause is an attorney who also is the executor and beneficiary of Mr. Nelson's estate. (Compl. ¶8. ) In early 2017, Mr. Nelson took the Buick to Defendant's shop for repair; Soto‐Baney accompanied him there and took him home after dropping off the vehicle. (Compl. ¶ 9.) A few days later, Mr. Nelson passed away. (Compl. ¶10.) Plaintif...
2020.12.23 Demurrer 488
Location: Sacramento
Judge: Cadei, Raymond M
Hearing Date: 2020.12.23
Excerpt: ...ity, and medical malpractice action. Plaintiffs allege they sustained serious permanent disabling injuries, including brain damage and neurocognitive injuries, due to being subjected to multiple rounds of electric shock therapy while patients at Sutter. Plaintiffs allege that Herrera underwent 11 sessions of ECT shock treatment recommended and administered by Theodore A. Goodman (“Goodman”) and Robert L. Blanco (“Blanco”) at Sutter with a...
2020.12.23 Motion to Expunge Mechanics Lien 810
Location: Sacramento
Judge: Cadei, Raymond M
Hearing Date: 2020.12.23
Excerpt: ...f a mixed‐ use apartment complex (“the Project”) located at the Property. On or about October 12, 2017, Davis/Reed and Plaintiff Lancaster Burns (LB) entered into a subcontract agreement for LB's work on the Project. Plaintiff recorded its first mechanic's lien against the Property as a result of its work on the Project on or about September 13, 2019. Plaintiff released the lien at the request of Defendant 19J to facilitate discussions on P...
2020.12.23 Motion to Compel IME 344
Location: Sacramento
Judge: Cadei, Raymond M
Hearing Date: 2020.12.23
Excerpt: ...causes of for wrongful death (of other passengers in the vehicle) and negligence. Plaintiff Kenneth Haines, Jr. ("Plaintiff'), by and through his guardian ad litem Richard Manford, alleges that he suffers from a brain injuries, which resulted in mental impairment as a result of the collision. On October 15, 2020, this Court found that Plaintiff had placed his mental condition at issue, both as to injury and as to related emotional distress, and g...
2020.12.23 Motion to File Amended Complaint 222
Location: Sacramento
Judge: Cadei, Raymond M
Hearing Date: 2020.12.23
Excerpt: ...2.) Aiding and Abetting Breach of Fiduciary Duty, 3.) Self‐Dealing, 4.) Unjust Enrichment, 5.) Deceptive and Misleading Solicitations, 6.) Failure to Comply with Statutes and Regulations of the Attorney General, 7.) Removal of Directors and Appointment of Receiver, and 8.) Accounting. All causes of action allegedly arise from a common core of facts and conduct set forth in paragraphs 1‐60 of the Complaint. Plaintiff filed its Notice of Motion...
2020.12.22 Motion to Set Aside Judgment 216
Location: Sacramento
Judge: Cadei, Raymond M
Hearing Date: 2020.12.22
Excerpt: ...ntiff alleging RGW Construction “retained control over the job site, retained control over the work area, retained control over worksite safety, retained control over safety measures and so negligently, planned, designated, located, maintained, inspected, supplied, controlled, directed, supervised and engaged in construction and related activities at the job site.” RGW Construction previously moved for summary judgment on the ground that as t...
2020.12.22 Motion to Amend Complaint 148
Location: Sacramento
Judge: Cadei, Raymond M
Hearing Date: 2020.12.22
Excerpt: ...laint asserted causes of action for breach of warranty of habitability, breach of contract, breach of the covenant of quiet enjoyment, private nuisance, premises liability, negligence, retaliation, construction eviction and unfair business practices. Plaintiffs' attorney withdrew from this case in February 2020 and on 6/24/2020, one of the named defendants' demurrer to plaintiffs' complaint was sustained with leave to amend no later than 7/6/2020...
2020.12.22 Motion for Summary Judgment, Adjudication 526
Location: Sacramento
Judge: Cadei, Raymond M
Hearing Date: 2020.12.22
Excerpt: ...ff 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 Northstar Equities, LLC's (“Defendant”) motion for summary judgment, or in the alternative, summary adjudication, is ruled upon as follows. As an initial matter, the court observes that Plaintiff's response to Defendant's separate state...
2020.12.22 Motion for Summary Judgment, Adjudication 176
Location: Sacramento
Judge: Cadei, Raymond M
Hearing Date: 2020.12.22
Excerpt: ... Overview This is a representative action brought pursuant to the Labor Code's Private Attorney General Act (“PAGA”) provisions. Plaintiff's complaint alleges that Defendant violated Labor Code §204(d) by failing to timely pay its employees within seven (7) calendar days following the close of each payroll period. More specifically, plaintiff contends that his payroll period ran from Sunday to Saturday but instead of being paid no later than...
2020.12.22 Demurrer, Motion to Strike 926
Location: Sacramento
Judge: Cadei, Raymond M
Hearing Date: 2020.12.22
Excerpt: ... notify the clerk and opposing party of the specific causes of action that will be addressed at the hearing. The parties are also reminded that pursuant to local Court rules, only limited oral argument is permitted on law and motion matters. *** The notice of demurrer does not provide notice of the Court's tentative ruling system, as required by Local Rule 1.06. Moving counsel is directed to contact opposing counsel and advise him/her of Local Ru...
2020.12.16 Motion to Strike SAC 526
Location: Sacramento
Judge: Cadei, Raymond M
Hearing Date: 2020.12.16
Excerpt: .... *** Defendants Abir Cohen Treyzon Salo, LLP (“ACTS”) and Federico Sayre's (“Sayres”) (collectively “Defendants”) Motion to Strike portions of Plaintiff Patricia Gilberg's second amended complaint (“SAC”) is ruled upon as follows. Defendants move to strike the following language from Plaintiff's SAC: (1) “Defendants ABIR, COHEN, TREYZON, and SALO and SAYRE breached professional, fiduciary and contractual obligations in their re...
2020.12.16 Motion to Compel Further Responses 666
Location: Sacramento
Judge: Cadei, Raymond M
Hearing Date: 2020.12.16
Excerpt: ...art of the remodeling job, the contractor installed a new dishwasher which connected and attached a Watts dishwasher adapter fitting to the new dishwasher. QBE alleges that on 12/14/2018, water loss from Watt's dishwasher adapter fitting caused water damage to the home and its contents. QBE insured Goleno against losses such as those which she sustained in the water loss pursuant to a policy of insurance. QBE has paid Goleno $45,522.56 under the ...
2020.12.16 Demurrer 060
Location: Sacramento
Judge: Cadei, Raymond M
Hearing Date: 2020.12.16
Excerpt: ... Nationstar Mortgage LLC dba Mr. Cooper as successor by merger to Seterus, Inc.'s (“Nationstar” or “Seterus”) demurrer to Plaintiff Katherine Lathrop's complaint is ruled upon as follows. Nationstar's request for judicial notice is granted. In taking judicial notice of the recorded land documents, the court accepts the fact of their existence, not the truth of their contents. (Herrera v. Deutsche Bank Nat'l Trust Co. (2011) 196 Cal.App.4t...
2020.10.13 Motion to Compel Arbitration 263
Location: Sacramento
Judge: Cadei, Raymond M
Hearing Date: 2020.10.13
Excerpt: ...s. The Department 53 Zoom ID is: 841 204 6267. Consistent with Local Rule 1.06(B), any party requesting oral argument on any matter on this calendar must comply with the following procedure. To request oral argument, you must call the Department 53 clerk at (916) 874‐ 7858 and opposing party by 4:00 p.m. the court day before the hearing. At the time of requesting oral argument, the requesting party shall leave a voice message to advise the cler...

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