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Judge: Salter, Timothy W x
2022.04.21 Motion to Strike 361
Location: Sacramento
Judge: Salter, Timothy W
Hearing Date: 2022.04.21
Excerpt: ...ne of its retained experts. (Genge Decl. Exh. A.) The declaration in support of the expert witness disclosure states that Dr. Younger would testify to: “his examination of Plaintiff, the nature and extend of Plaintiff's injuries, Plaintiff's pre‐existing injuries, causation of Plaintiff's injuries, the reasonableness of Plaintiff's medical treatment and damages, the present state of Plaintiff's physical condition, and the need for future . . ...
2022.04.21 Motion to Compel Production of Docs 523
Location: Sacramento
Judge: Salter, Timothy W
Hearing Date: 2022.04.21
Excerpt: ...ponse that it would produce documents responsive to Plaintiff's Request for Production of Documents (Set One) Nos. 8B, 9, 12‐17, 19‐22, and 26‐27. GOL opposes the motion and first argues the motion is untimely. GOL argues the supplemental responses at issue were served on November 12, 2021, but this motion to compel the production of documents was not filed until 117 days later on March 9, 2022. (Rasi Decl. Ex. B; ROA 60.) However, GOL's ar...
2022.04.21 Motion for Summary Judgment, Adjudication 219
Location: Sacramento
Judge: Salter, Timothy W
Hearing Date: 2022.04.21
Excerpt: ...re independent insurance brokers. A‐1 Door was a client of Defendants for many years. On August 30, 2010, Defendants procured a Management Liability Insurance Policy from Carolina Casualty. The policy provided Directors, Officers and Corporate; Employment Practices and Fiduciary liability insurance coverage. This lawsuit arises out of Plaintiffs' claims that Defendants failed to procure insurance for acts or omissions occurring on and after Feb...
2022.04.21 Motion for Summary Judgment, Adjudication 011
Location: Sacramento
Judge: Salter, Timothy W
Hearing Date: 2022.04.21
Excerpt: ...partment and the May 23, 2022 trial date is VACATED as follows. Defendants' motion was initially set for September 2, 2021. On August 10, 2021, the Court granted Plaintiffs' ex parte application to continue the hearing date for the motion to December 15, 2021 based on CCP § 437c(h). (ROA 224.) The ex parte application requested the continuance on the grounds that Plaintiffs had been unable to depose Defendants Mark Matheson, Charles Mellor, Josh...
2022.04.21 Motion to Seal 127
Location: Sacramento
Judge: Salter, Timothy W
Hearing Date: 2022.04.21
Excerpt: ...egradation. Plaintiffs allege that they have suffered emotional distress. Plaintiffs seek to seal the following portions of records that were publicly filed: 1. Defendants' Memorandum of Points and Authorities in Support of Motion to Compel Further Deposition Testimony of Randy Baranek and Request for Monetary Sanction (ROA 248): page 7, line 6; page 8, lines 12 and 18; and page 9, line 5; 2. Declaration of Robert M. Ferrier in Support of Motion ...
2022.04.20 Motion to Compel Appearance and Production of Docs 627
Location: Sacramento
Judge: Salter, Timothy W
Hearing Date: 2022.04.20
Excerpt: ... Road Ventures, LLC (“MRV”) in connection with allegations that Plaintiff had an agreement with Franklin whereby Franklin would find new construction business. By way of the instant motion, Plaintiff seeks an order compelling Franklin and MRV to appear for their depositions and to produce documents requested in the subject deposition notices. According to Plaintiff, he has been attempting to depose them since summer 2020. Plaintiff first serv...
2022.04.20 Motion to Amend Judgment 509
Location: Sacramento
Judge: Salter, Timothy W
Hearing Date: 2022.04.20
Excerpt: ...onal parties and also to amend the amount of the judgment. According to Plaintiff, in 2019, Plaintiff and the Richard and Janet Gudgel Revocable Trust, Janet Gudgel and Jason Gudgel entered into a promissory note whereby these parties agreed to pay Plaintiff $591,902.69 in certain monthly payments over a three year period. If all timely payments were made, any remaining unpaid balance would be forgiven. (Anderson Decl. Exh. 2) The promissory note...
2022.04.20 Motion for Summary Judgment, Adjudication 629
Location: Sacramento
Judge: Salter, Timothy W
Hearing Date: 2022.04.20
Excerpt: ...account stated. Plaintiff alleges that it owns certain real property at 2820 Marconi Avenue, Suite 3 in Sacramento (the “Premises”). Plaintiff alleged that the Taylor Investment Company, its predecessor in interest, entered into a lease for the Premises (the “Lease”) with GameStop, Inc. in 2003. The Lease was assigned to Defendant in April 2015. Plaintiff alleges Defendant has breached the Lease by failing to make timely rental payments. ...
2022.04.20 Motion for Summary Judgment, Adjudication 613
Location: Sacramento
Judge: Salter, Timothy W
Hearing Date: 2022.04.20
Excerpt: ...“SAC”), Plaintiffs allege a cause of action for wrongful death and a survivor action against Sutter Valley Hospital and Defendant. Both are premised on the allegations that Defendants failed to properly diagnose and/or treat the Decedent for mesothelioma and that as a result, the Decedent passed away on April 22, 2020. (SAC ¶¶ 1‐3.) The Court has reviewed the parties' papers and is continuing the instant motion to provide Plaintiffs the o...
2022.04.20 Demurrer, Motion to Strike 417
Location: Sacramento
Judge: Salter, Timothy W
Hearing Date: 2022.04.20
Excerpt: ...t victim; (5) intentional infliction of emotional distress‐bystander; (6) medical malpractice; (7) negligence; (8) negligent infliction of emotional distress‐direct victim; (9) negligent infliction of emotional distress‐bystander; (10) conversion; (11) defamation; (12) civil conspiracy; and (13) civil discrimination. The SAC arises from allegations that Ms. Kong was referred to Defendant in October 2018 by Dr. Hill, her primary care physici...
2022.02.24 Motion for Leave to File Amended Complaint 242
Location: Sacramento
Judge: Salter, Timothy W
Hearing Date: 2022.02.24
Excerpt: ...Third Amended Complaint (“3AC”) defined the class as: “All California residents insured under a Stillwater dwelling policy who made claims for damage to real property resulting from a covered peril, and whose claims were open on or after December 6, 2016, as to which Stillwater paid at least $1 in policy benefits, and whose actual cash value indemnity payment for repairs to the structure was decreased as a result of depreciation of one or m...
2022.02.24 Demurrer 304
Location: Sacramento
Judge: Salter, Timothy W
Hearing Date: 2022.02.24
Excerpt: ... is denied. Ms. Gedjeyan's declaration states there is no record of any claim filed with, or presented to, the Government Claims Program by Plaintiff for any date range. CDCR argues the Court may take judicial notice of this declaration because it is a record of an administrative agency and an “official act of the legislative, executive, or judicial departments” of the State of California. (Evid. Cod § 452(c). The Court does not perceive tha...
2022.02.24 Motion for Final Approval of Class Action Settlement 534
Location: Sacramento
Judge: Salter, Timothy W
Hearing Date: 2022.02.24
Excerpt: ... filed this action on December 29, 2020. On March 16, 2021, Plaintiff filed a First Amended Complaint that alleges claims for (1) failure to pay all overtime wages, (2) meal period violations, (3) rest period violations, (4) waiting time penalties, (5) wage statement violations, (6) unfair competition, and (7) PAGA penalties. The Settlement Class is defined as “All current and former non‐exempt non‐union employees employed by Syblon Reid co...
2022.02.24 Motion to Abate or Stay 226
Location: Sacramento
Judge: Salter, Timothy W
Hearing Date: 2022.02.24
Excerpt: ...caused the death of Plaintiff Amber Jenkins' 18 year old son (“Decedent”). At the time of his death, Decedent had no children and is survived by his mother, Plaintiff, and father, who is plaintiff in a separate action (Sacramento Superior Court Case No. 34‐2021‐00310485, filed on October 29, 2021). Plaintiff filed her action on September 20, 2021, in her personal capacity as the decedent's heir for negligence and wrongful death. Plaintiff...
2022.02.24 Motion for Preliminary Approval of Class Settlement 374
Location: Sacramento
Judge: Salter, Timothy W
Hearing Date: 2022.02.24
Excerpt: ...ff filed the Class Action Complaint on February 26, 2021, alleging claims against Defendants for unfair competition, failure to pay minimum wages, failure to pay overtime wages, failure to provide meal and rest periods, failure to provide accurate itemized wage statements, failure to reimburse business expenses, failure to provide wages at termination, and violation of the Private Attorney General Act (“PAGA”). Plaintiff filed a First Amended...
2022.02.24 Motion for Terminating Sanctions 814
Location: Sacramento
Judge: Salter, Timothy W
Hearing Date: 2022.02.24
Excerpt: ...endant's Supplemental Interrogatory (Set One) and Request for Production (Set One) by no later than October 14, 2021. (ROA 64; RJN Exh. A.) Trial is currently set for March 14, 2022. To date, Plaintiff has not complied with the Court's September 30, 2021, order. Further, Plaintiff's counsel's mail has been returned to Defendant and counsel has been unresponsive to email. (Vandersluys Decl. ¶ 5, Exhs. 1‐2.) Plaintiff's counsel has failed to upd...
2022.02.24 Motion to Compel Further Responses 840
Location: Sacramento
Judge: Salter, Timothy W
Hearing Date: 2022.02.24
Excerpt: ... counsel is directed to contact SMUD's counsel forthwith and advise counsel of Local Rule 1.06 and the Court's tentative ruling procedure and the manner to request a hearing. This action arises out of an underground electric line on Plaintiff's property that provides power to a park owned by the City of Sacramento. In March of 2019, Plaintiff requested SMUD remove the line. When SMUD did not comply with Plaintiff's request, Plaintiff filed this a...
2022.02.23 Motion to Strike, Demurrer 632
Location: Sacramento
Judge: Salter, Timothy W
Hearing Date: 2022.02.23
Excerpt: ...r 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.) Defendants move to strike the following: 1. The second cause of action in the SAC for violation of the Real Estate Settlement Procedures A...
2022.02.23 Motion to Quash Deposition 044
Location: Sacramento
Judge: Salter, Timothy W
Hearing Date: 2022.02.23
Excerpt: ...impf alleges that she entered into a consensual relationship with her supervisor, Steven Medina (“Medina”). After Plaintiff ended the relationship, Medina began to sexually harass her. Plaintiff alleges that the harassment was so severe and pervasive that she sought a Civil Harassment Restraining Order in November 2019. In December 2019, Plaintiff notified Caltrans management, including Caltrans Manager Angelo Gross ("Gross"), and Bassi, Calt...
2022.02.22 Motion to Compel Further Responses 784
Location: Sacramento
Judge: Salter, Timothy W
Hearing Date: 2022.02.22
Excerpt: ...ff's termination. In June 2021, Defendant served Plaintiff the subject form and special interrogatories. (De Wit Decl. ¶ 3.) Plaintiff provided responses in August 2021. (De Wit Decl. ¶ 4.) Following an initial meet and confer, Plaintiff provided the supplemental responses that are at issue in this motion. (De Wit Decl. ¶ 6, Exs. G & H.) Defendant's further meet and confer attempts did not result in a resolution of the discovery dispute and th...
2019.4.26 Motion to Compel Production of Docs 708
Location: Sacramento
Judge: Salter, Timothy W
Hearing Date: 2019.4.26
Excerpt: ... advise of Local Rule 1.06 and the Court's tentative ruling procedure. If Plaintiff's counsel is unable to contact Defendants prior to the hearing, Plaintiff's counsel shall be available at the hearing, in person or by telephone, in the event the opposing party appears without following the procedures set forth in Local Rule 1.06. Defendant states that in response to its Request for Production of Documents, Set One, Plaintiff agreed to produce a ...
2019.4.25 Motion for Summary Judgment 432
Location: Sacramento
Judge: Salter, Timothy W
Hearing Date: 2019.4.25
Excerpt: ...eed) shot him in the thigh just outside a bar both had been patronizing on 11/15/15. Plaintiff alleges that he was shot after refusing to buy marijuana from Reed. Defendant owns the shopping center in which the bar is located. The FAC contains causes of action against Defendant for negligence and “negligent security.” Defendant moves for summary judgment on the ground that he had no duty to provide security or otherwise protect Plaintiff from...
2019.4.25 Demurrer 496
Location: Sacramento
Judge: Salter, Timothy W
Hearing Date: 2019.4.25
Excerpt: ...*** If oral argument is requested in an attempt to obtain leave to amend, plaintiff shall be prepared to specifically discuss the new or different facts which may now be alleged in good faith to overcome the deficiencies noted below. *** Defendants U.S. Bank (“USB”), Fay Servicing, LLC and Attorney Lender Services, Inc.'s (collectively “Defendants”) demurrer to plaintiff's Second Amended Complaint (“2AC”) is SUSTAINED without leave to...

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