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Location: Sacramento x
Judge: Cadei, Raymond M x
2022.12.20 Motion for Relief from Claim Filing Requirement and Permitting Late 831
Location: Sacramento
Judge: Cadei, Raymond M
Hearing Date: 2022.12.20
Excerpt: ...ies when the memorandum exceeds 10 pages. None of the exhibits identified in the Esparza Declaration (including the relevant Traffic Collision Report) was actually attached to the declaration. Both moving and opposing counsel failed to comply with CRC Rule 3.1110(b)(3). Factual Background This action arises out of a motor vehicle/bicycle accident occurring on 9/21/2021 in Sacramento. In November 2021 plaintiff's counsel requested a copy of the Tr...
2022.12.20 Demurrer 649
Location: Sacramento
Judge: Cadei, Raymond M
Hearing Date: 2022.12.20
Excerpt: ...essed at the hearing. The parties are also reminded that pursuant to local rules, only limited oral argument is permitted on law and motion matters. *** The Court notes that the caption page for all papers filed and served in this action should reflect the caption found on the original complaint filed on 8/20/2020 regardless of the addition or dismissal of parties. The Court also notes that the 3AC does not comply with CRC Rule 2.112(4), requirin...
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 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...
2022.07.07 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 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 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...
2022.07.06 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...
2022.07.06 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...
2022.07.05 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...

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