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Location: Sacramento x
Judge: LaPorte, James x
2021.08.26 Motion to Compel Vehicle Inspection 012
Location: Sacramento
Judge: LaPorte, James
Hearing Date: 2021.08.26
Excerpt: ...l Rule 1.06 and the Court's tentative ruling procedure and the manner to request a hearing. If moving counsel is unable to contact opposing counsel prior to hearing, moving counsel is ordered to appear at the hearing by Zoom or by telephone. The notice of motion does not comply with Code of Civil Procedure §1010 or CRC Rule 3.1110(a). Factual Background This is a lemon law case in which defendant has demanded to inspect plaintiff's vehicle. Afte...
2021.08.26 Motion for Final Approval of Settlement 944
Location: Sacramento
Judge: LaPorte, James
Hearing Date: 2021.08.26
Excerpt: ...rescent Hotels & Resorts, LLC (“Crescent”) and 9750 Airport Management, LLC (“9750”) (collectively “Defendants”). On December 8, 2016, plaintiff Anatoli Romanov ("Plaintiff Romanov") filed a class action complaint entitled Anatoli Romanov v. Crescent Hotels & Resorts, LLC, et al., in the Sacramento County Superior Court, Case Number 34‐2016‐00204535 (the "Romanov Action"). The Romanov Action asserts the following causes of action ...
2021.08.26 Motion to Compel Further Responses 622
Location: Sacramento
Judge: LaPorte, James
Hearing Date: 2021.08.26
Excerpt: ...e 1.06 and the Court's tentative ruling procedure and the manner to request a hearing. If moving counsel is unable to contact opposing counsel prior to hearing, moving counsel is ordered to appear at the hearing by Zoom or by telephone. The notice of motion does not comply with Code of Civil Procedure §1010 or CRC Rule 3.1110(a). Factual Background This action was commenced on 3/1/2019 and plaintiff generally alleges he suffered harassment, disc...
2020.01.06 Motion for Terminating Sanctions 969
Location: Sacramento
Judge: LaPorte, James
Hearing Date: 2020.01.06
Excerpt: ...y 21, 2019, Defendant D&S (“Defendant”) served form and special interrogatories and a request for production of documents on Plaintiff. Plaintiff failed to respond to the discovery requests, despite multiple extensions of time to do so. Having failed to obtain responses to the discovery requests, Defendant filed motions to compel the responses, which Plaintiff did not oppose and which this Court granted on July 16, 2019. The Court's order dir...
2020.01.06 Demurrer 403
Location: Sacramento
Judge: LaPorte, James
Hearing Date: 2020.01.06
Excerpt: ...icipate in any oral argument on the continuance date. Defendant Jennifer Shaffer's demurrer to self‐represented Plaintiff Reginald Wheeler's First Amended Complaint (FAC) is sustained. The Court notes that Plaintiff's Opposition was not timely filed and served pursuant to Code of Civil Procedure section 1005(b). The Court, however, exercises its inherent and authority and discretion and has considered the Opposition, particularly in light of De...
2020.01.06 Demurrer 131
Location: Sacramento
Judge: LaPorte, James
Hearing Date: 2020.01.06
Excerpt: ... Complaint, Plaintiff alleged three separate causes of action under the Fair Employment and Housing Act for age discrimination, harassment based on age, and retaliation. On September 4, 2019, after taking the matter under submission after hearing, this Court issued its order overruling in part and sustaining in part Defendants' demurrer to the original Complaint. In that order, the Court overruled the demurrer as to the First Cause of Action for ...
2020.01.03 Motion to Strike Punitive Damages 769
Location: Sacramento
Judge: LaPorte, James
Hearing Date: 2020.01.03
Excerpt: ...urred on April 7, 2017, wherein Plaintiff was driving through the window of Krispy Kreme Doughnuts on Florin Road in Sacramento. Plaintiff ordered several items, including two hot coffee drinks. Plaintiff alleges she was handed a coffee cup with a lid that was not properly placed, causing the coffee to splash and spill on Plaintiff, causing personal injury to Plaintiff. Plaintiff's FAC alleges causes of action for (1) negligence, (2) premises lia...
2020.01.03 Motion to Set Aside Default 847
Location: Sacramento
Judge: LaPorte, James
Hearing Date: 2020.01.03
Excerpt: ... 46). Default was entered against Defendant on August 1, 2019. (ROA 84.) Plaintiff's proof of service of the third amended complaint on Defendant was filed on July 18, 2019. (ROA 82.) The proof of service states Defendant was served on Vasik Mohammed, who was authorized to accept service, on May 23, 2019, at 8600 Sepulveda Bldv. #5, North Hills, California 91343. (Id.) Defendant alleges that this service was ineffective. Defendant also moves to q...
2020.01.03 Motion for Summary Judgment, Adjudication, to Seal Record 179
Location: Sacramento
Judge: LaPorte, James
Hearing Date: 2020.01.03
Excerpt: ...iffs Sonya Pauley, Zina Claunch, and Melani Pahota filed their complaint for medical malpractice and wrongful death on April 3, 2018, related to Decedent's pancreatic cancer. (ROA 1.) Plaintiffs allege that on or about August 16, 2016, Decedent was treated by Defendants. (Compl. ¶ 7.) Plaintiffs allege that Decedent was diagnosed with pancreatic cancer on March 3, 2017 (id. ¶ 8), but that the cancer was depicted on an MRI taken by Defendants on...
2020.01.02 Motion to Strike Punitive Damages 761
Location: Sacramento
Judge: LaPorte, James
Hearing Date: 2020.01.02
Excerpt: ...per 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 to strike challenges portions of a cause of action that are substantively defective on the face of the complaint. (PH II, Inc. v. Superior Court (1995) 33 Cal.App.4th 1680, 1682‐83; see also Code of Civ. Proc. § 437.) More specifically, a motion to strik...
2020.01.02 Motion to Enforce Settlement Agreement 625
Location: Sacramento
Judge: LaPorte, James
Hearing Date: 2020.01.02
Excerpt: ...ollowing relief: "Defendants request an order confirming no additional payments are due, the case is dismissed pursuant to the Settlement Agreement, and ordering removal of the Lis Pendens so that Defendants can proceed with refinance of the property as contemplated in the Stipulated Settlement." Defendants seek $2,156.25 for attorney fees for fees incurred in preparing this motion pursuant to the agreement. A settlement conference was conducted ...
2020.01.02 Motion for Terminating Sanctions 575
Location: Sacramento
Judge: LaPorte, James
Hearing Date: 2020.01.02
Excerpt: ...ther sanctions including evidence, issue, and terminating sanctions. Plaintiffs served defendant with Requests for Production but received no response. On May 23, 2019, the Court granted plaintiff's Motion to Compel and set a deadline for Defendant to respond to the requests by June 3, 2019. Having still received no responses, the plaintiffs applied for an OSC re Contempt as well as monetary sanctions on July 31, 2019. On August 27, 2019 the Cour...
2020.01.02 Demurrer 761
Location: Sacramento
Judge: LaPorte, James
Hearing Date: 2020.01.02
Excerpt: ...ore, it contends the seventh cause of action fails to state facts sufficient to constitute a cause of action (Code of Civ. Proc, § 430.10, subd. (e).) Defendant further contends the seventh cause of action, for Fraud by Omission, is uncertain, ambiguous, and/or unintelligible. (Code of Civ. Proc, § 430.10, subd. (f).) Finally, it contends the violates the Economic Loss Rule and thus fails to state facts sufficient to constitute a cause of actio...
2019.12.30 Motion to Compel Physical, Mental Exams 629
Location: Sacramento
Judge: LaPorte, James
Hearing Date: 2019.12.30
Excerpt: ...ffered personal injuries in the March 21, 2013, automobile accident with Defendants. Specifically, and as relevant here, Plaintiff claims to have suffered a “traumatic brain injury” (or “TBI”) in the accident that caused a variety of impairments to her functioning, including trouble processing information, forgetfulness, an inability to focus, and frequent overstimulation. (Woodward Decl. Exh. 2.) Defendants served a Demand for a Physical...
2019.12.30 Motion to Stay Case Pending Resolution 167
Location: Sacramento
Judge: LaPorte, James
Hearing Date: 2019.12.30
Excerpt: ...es and costs to Defendants as part of the confidential settlement agreement would not result in taxable income to her, and advised her that she need not report such income on her tax return. Plaintiff contends the Internal Revenue Service (“IRS”) then served her with a notice of deficiency claiming an increase in her income tax and assessing a penalty for failing to report the monies as income. (Brown Decl. ¶¶ 3‐4.) Plaintiff declares she...
2019.12.30 Motion to Dismiss for Delay in Prosecution 490
Location: Sacramento
Judge: LaPorte, James
Hearing Date: 2019.12.30
Excerpt: ...rported doe amendments were filed on May 19 and 21, 2015, to amend Defendant “Stephanie Carter” to “Stephanie J. Carter.” (ROAs 62, 63.) Default was entered against Stephanie J. Carter on September 25, 2015. (ROA 73.) Default was entered against Darnell Haskins on October 5, 2015. (ROA 78.) Default judgment was entered against Defendants on April 19, 2017. (ROA 109.) The defaults and default judgment were set aside on May 16, 2018. (ROA 1...
2019.12.30 Motion to Enforce Compliance 459
Location: Sacramento
Judge: LaPorte, James
Hearing Date: 2019.12.30
Excerpt: ...r BCI, causing Plaintiff to fall and severely fracture her leg. Plaintiff contends that Mr. Lara was rushing and behind schedule. Mr. Lara denied this at his deposition. To assess the truthfulness of Mr. Lara's denial, Plaintiff requested documents from BCI about Mr. Lara's activity including time spent at each store on his route in the two weeks before the collision to evaluate whether Mr. Lara was ahead of schedule, on schedule, or behind sched...
2019.12.27 Motion to Set Aside Default 945
Location: Sacramento
Judge: LaPorte, James
Hearing Date: 2019.12.27
Excerpt: ... (ROA 7.) Default was entered against Defendant on June 3, 2013. (ROA 13.) Judgment was filed and entered on June 3, 2013. (ROA 9, 14.) Defendant now moves to set aside the default judgment pursuant to Code of Civil Procedure section 473. Defendant declares: “I was not properly served with the Summons and Complaint in this matter, nor was served with the following: a) Notice of Levy under Writ of Execution, b) Writ of Execution, and c) Memorand...
2019.12.27 Motion to Disqualify Attorney 973
Location: Sacramento
Judge: LaPorte, James
Hearing Date: 2019.12.27
Excerpt: ...motion is ruled upon 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 parties are ordered to notify Plaintiff immediately of the tentative ruling system and to be available at the hearing, in person or by telephone, in the event Plaintiff appears without following the procedures set forth in Local Rule 1.06(B). A trial court's authority to disqualify an attor...
2019.12.27 Motion to Compel Production of Docs 697
Location: Sacramento
Judge: LaPorte, James
Hearing Date: 2019.12.27
Excerpt: ...iffs Helen Williams and Phillip Bangs' (collectively “Plaintiffs”) motion to compel Defendant Manor Care of Citrus Heights CA, LLC's (“MCCH”) further responses to request for production of documents (set one) is ruled upon as follows. Factual Background In this elder abuse action Plaintiffs allege that the defendants' neglect caused Mrs. Williams to suffer stage 4 pressure sores to the bone. They allege that she was left in her own excrem...
2019.12.27 Motion to Compel Production of Docs 551
Location: Sacramento
Judge: LaPorte, James
Hearing Date: 2019.12.27
Excerpt: ...Defendant FCA US, LLC's (“Defendant”) objections and compelling further responses to the requests at issue. This is a lemon law action arising from Plaintiff's purchase of a 2014 Jeep Patriot. According to the moving papers, the requests fall within two categories: (1) Defendant's internal investigation and analysis of the steering system and powertrain defect and establishing that Defendant previously knew of such defects and knew it could n...
2019.12.27 Motion to Compel Further Responses 629
Location: Sacramento
Judge: LaPorte, James
Hearing Date: 2019.12.27
Excerpt: ... law and motion matters. *** Plaintiff/Cross‐Defendant Aspire General Insurance Company's ("Aspire") motion to compel Defendant/Cross‐Complainant Kara Dominguez's ("Dominguez" or "Defendant") further responses to request for production of documents is GRANTED as follows. Overview The complaint filed by Aspire is one for declaratory relief. (ROA 1) Exhibit A to the complaint is the subject policy of insurance. In part it is alleged that on Apr...
2019.12.27 Motion to Compel Deposition 788
Location: Sacramento
Judge: LaPorte, James
Hearing Date: 2019.12.27
Excerpt: ...s of action for dangerous condition of public property (Gov't Code § 835), negligence of government employees in the course and scope of employment (Gov't. Code § 815.2), and negligence of John Doe Contractor Employee in the course and scope of employment (Gov't Code § 815.2). Plaintiff alleges that she was injured when she fell on water that was on the floor while she was visiting her brother at the UC Davis Medical Center ("UCDMC"). Trial is...
2019.12.27 Motion for Judgment on the Pleadings 233
Location: Sacramento
Judge: LaPorte, James
Hearing Date: 2019.12.27
Excerpt: ...are available on the Court's website at . Counsel for moving party is ordered to notify opposing party immediately of the tentative ruling system and to 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). Discussion This is a common counts case alleging “account stated, open book account, money lent, and money paid, laid out, and expended....
2019.12.23 Motion for Judgment on the Pleadings 176
Location: Sacramento
Judge: LaPorte, James
Hearing Date: 2019.12.23
Excerpt: ...) by failing to timely pay its employees. Plaintiff requests civil penalties pursuant to Labor Code §2698 et. seq. The Court need not rule on either Defendant or Plaintiff's requests for judicial notice because the Court did not consider them in ruling on the motion. Defendant moves for judgment on the pleadings on the ground that Plaintiff failed to satisfy Labor Code §211 prior to the filing of the complaint, resulting in a jurisdictional def...
2019.12.23 Demurrer 516
Location: Sacramento
Judge: LaPorte, James
Hearing Date: 2019.12.23
Excerpt: ...ants Abimbola Olusola, Olusegun Olusola, Abigail Akinwunmi (“Individual Defendants”), and Redeemed Christian Church of God‐God's Sanctuary of Praise's (“RCCG”) (collectively “Defendants”) demurrer to Plaintiff Doris Uche's first amended complaint (“FAC”) is ruled upon as follows. The Court need not rule on Defendants' request for judicial notice since it was not material to the disposition of the demurrer. Overview Plaintiff is ...

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