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51 Results
2023.02.01 Motion for Summary Judgment, Adjudication 157
Location: Sacramento
Judge: Gevercer, Steven M
Hearing Date: 2023.02.01
Location: Sacramento
Judge: Gevercer, Steven M
Hearing Date: 2023.02.01
Excerpt: ... involving a stolen fire engine (“Engine 111”). In support of the motion, the District asserts the following undisputed material facts (“UMF”). The District purchased Engine 111 to fulfill the District's purpose in protecting the public from fires as safely and efficiently as possible. (UMF No. 4.) The District deliberately purchased Engine 111 with a keyless push‐start engine. (UMF Nos. 2‐3.) On July 14, 2018, the District used Engin...
2023.02.01 Motion for Summary Adjudication 009
Location: Sacramento
Judge: Gevercer, Steven M
Hearing Date: 2023.02.01
Location: Sacramento
Judge: Gevercer, Steven M
Hearing Date: 2023.02.01
Excerpt: ...s allege numerous defendants caused the Decedent to be exposed to asbestos containing products resulting in the Decedent developing lung cancer. Hennessy is alleged to be one of the entities responsible for numerous automotive products that the Decedent was exposed to, including AAMCO brake service equipment. Hennessy requests summary adjudication of Plaintiff's claim for punitive damages on grounds Plaintiffs have no evidence that Hennessy engag...
2023.02.01 Demurrer 391
Location: Sacramento
Judge: Gevercer, Steven M
Hearing Date: 2023.02.01
Location: Sacramento
Judge: Gevercer, Steven M
Hearing Date: 2023.02.01
Excerpt: ...020, Plaintiffs and Defendant entered an agreement in which Connect agreed to utilize Plaintiffs' connections in the public and private health sectors to assist Defendants in obtaining contracts for the distribution of personal protective equipment in exchange for compensation based on a sharing of revenues. (Complaint, ¶¶ 14, 18‐19.) Plaintiffs allege they performed services in reliance on that agreement. (Complaint, ¶¶ 15‐17, 20 ‐21, ...
2022.11.23 Petition to Compel Consolidated Arbitration 377
Location: Sacramento
Judge: Gevercer, Steven M
Hearing Date: 2022.11.23
Location: Sacramento
Judge: Gevercer, Steven M
Hearing Date: 2022.11.23
Excerpt: ... SIA is obligated to defend and indemnify school districts for covered losses. SIA enters reinsurance contracts with third parties to cover losses. SIA has reinsurance contracts with respondents General Reinsurance Corporation (“GRC”) and Great American Insurance Co. (“GAIC”). Both contracts contain arbitration provisions requiring arbitration of disputes over coverage, losses, or payments. (Exh. A at Art. XVIII; Exh. B at Art. 15(A).) SI...
2022.11.23 Motion to Stay Civil Proceedings 395
Location: Sacramento
Judge: Gevercer, Steven M
Hearing Date: 2022.11.23
Location: Sacramento
Judge: Gevercer, Steven M
Hearing Date: 2022.11.23
Excerpt: ...cal treatment. Plaintiff also alleges causes of action against Defendant Sacramento Colon & Rectal Surgery Medical Group, Inc. for negligent hiring, supervision, retention, sexual harassment and professional negligence. Plaintiff also alleges a cause of action against Defendant's wife for fraudulent transaction. On March 3, 2022, this Court granted, in part, Defendant's motion to stay on the basis that he was the subject of a criminal investigati...
2022.11.22 OSC Re Compelling Compliance 501
Location: Sacramento
Judge: Gevercer, Steven M
Hearing Date: 2022.11.22
Location: Sacramento
Judge: Gevercer, Steven M
Hearing Date: 2022.11.22
Excerpt: ...of California (“Board”) and the Order to Show Cause (“OSC”) is granted. The Board “is tasked with protecting the public against incompetent, impaired and negligent physicians.” (Grafilo v. Cohanshohet (“Cohanshohet”) (2019) 32 Cal.App.5th 428, 435.) “To accomplish this task, the Board is authorized to investigate complaints from the public that a physician may be guilty of unprofessional conduct.” (Ibid; Bus. & Prof. Code § 2...
2022.11.22 Motion for Terminating Sanctions 407
Location: Sacramento
Judge: Gevercer, Steven M
Hearing Date: 2022.11.22
Location: Sacramento
Judge: Gevercer, Steven M
Hearing Date: 2022.11.22
Excerpt: ...orm Interrogatories and Requests for Production by October 5, 2021. (RJN, Exh. E; ROA 30‐31.) As the motion was unopposed, no sanctions were awarded. (Ibid.) On June 16, 2022, Plaintiff filed a prior motion for terminating sanctions on grounds Singh failed to comply with the order to provide discovery responses. (Sandoval Decl., ¶¶ 9‐13.) The Court denied the motion based on a finding that the drastic remedy of terminating sanctions was ina...
2022.11.22 Motion for Summary Judgment 509
Location: Sacramento
Judge: Gevercer, Steven M
Hearing Date: 2022.11.22
Location: Sacramento
Judge: Gevercer, Steven M
Hearing Date: 2022.11.22
Excerpt: ... breach of contract, and four causes of action for common counts based on theories of money lent, money paid, open book account, and account stated. Plaintiff requests summary judgment in Plaintiff's favor and against Defendant in the amount of $6,547.06, plus costs in the amount of $800. Defendant does not oppose the motion. In evaluating a motion for summary judgment or summary adjudication the Court engages in a three‐step process. First, th...
2022.11.22 Motion for Protective Order 683
Location: Sacramento
Judge: Gevercer, Steven M
Hearing Date: 2022.11.22
Location: Sacramento
Judge: Gevercer, Steven M
Hearing Date: 2022.11.22
Excerpt: ..., Amazon requests a broader protective order that seeks to limit potential future discovery disputes by enabling parties to identify documents produced and deposition testimony obtained during discovery as “Confidential” or “Attorneys' Eyes Only”, restricting the use and disclosure of the discovered information to third parties. If a party challenges whether certain documents are marked as confidential and the parties are unable to resolv...
2022.11.22 Motion for Leave to File Complaint 848
Location: Sacramento
Judge: Gevercer, Steven M
Hearing Date: 2022.11.22
Location: Sacramento
Judge: Gevercer, Steven M
Hearing Date: 2022.11.22
Excerpt: ... time as the answer to the complaint. (Code Civ. Proc. § 428.50.) If the defendant's causes of action against the plaintiff are related to the causes of action asserted in the complaint, the cross‐complaint is compulsory and the failure to file the cross‐ complaint or to include related causes of action bars the defendant from asserting the related causes of action in any other action. (Code Civ. Proc. § 426.10.) However, if a defendant fai...
2022.09.08 Demurrer 439
Location: Sacramento
Judge: Gevercer, Steven M
Hearing Date: 2022.09.08
Location: Sacramento
Judge: Gevercer, Steven M
Hearing Date: 2022.09.08
Excerpt: ...osing counsel of the specific issues or causes of action that will be addressed at the hearing. Counsel are also reminded that pursuant to local rules, only limited oral argument is permitted on law and motion matters. *** The opposition fails to comply with CRC Rule CRC Rule 3.1113(f), requiring a Table of Contents and Table of Authorities when the points & authorities exceed 10 pages, and CRC Rule 3.1110(b)(3)‐(4), requiring the dates the act...
2022.09.08 Motion for Judgment on the Pleadings 629
Location: Sacramento
Judge: Gevercer, Steven M
Hearing Date: 2022.09.08
Location: Sacramento
Judge: Gevercer, Steven M
Hearing Date: 2022.09.08
Excerpt: ...uant to local Court rules, only limited oral argument is permitted on law and motion matters. *** Opposing counsel failed to comply with CRC Rule 3.1110(b)(4). Factual Background This “lemon law” action commenced in March 2019 arises from plaintiffs' purchase of a new 2010 Chrysler minivan back in August 2010. It is alleged that this vehicle is defective in various respects including but not limited to its sliding doors that these defects “...
2022.09.08 Motion for Summary Adjudication 733
Location: Sacramento
Judge: Gevercer, Steven M
Hearing Date: 2022.09.08
Location: Sacramento
Judge: Gevercer, Steven M
Hearing Date: 2022.09.08
Excerpt: ...niel Johnson Jr. (“Plaintiff” or “Conservator”), appointed conservator of Arletha Johnson (“Arletha”) failed to comply with California Rules of Court, rule 3.1110(f)(3) which requires that each paper exhibit must be separated by a hard 8 ½” x 11” sheet with hard paper or plastic tabs extending below the bottom of the page, bearing the exhibit designation. Francis Realty's requests for judicial notice of exhibit nos. 1, 9, and 17 ...
2022.09.08 Motion to File Complaint 188
Location: Sacramento
Judge: Gevercer, Steven M
Hearing Date: 2022.09.08
Location: Sacramento
Judge: Gevercer, Steven M
Hearing Date: 2022.09.08
Excerpt: ...advise him/her 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 opposing counsel prior to hearing, moving counsel is ordered to appear at the hearing by Zoom or by telephone. Factual Background This action arises out of a partnership dispute. Suit was commenced on 1/13/2020 and trial is currently set for 10/25/2022. According to the moving papers, SCC now see...
2022.09.08 Motion to Set Aside Default, Judgment 825
Location: Sacramento
Judge: Gevercer, Steven M
Hearing Date: 2022.09.08
Location: Sacramento
Judge: Gevercer, Steven M
Hearing Date: 2022.09.08
Excerpt: ... years. Defendant Do now seeks to set aside the default previously entered against him on multiple grounds discussed below. Notably, while defendant insists plaintiff's service of the summons & complaint was invalid, defendant concedes he had actual knowledge of the lawsuit as early as 8/20/2011 when he received plaintiff's request for entry of defendant's default. The Court finds no opposition from plaintiff. Discussion The Court will now addres...
2022.09.07 Motion to Compel Further Responses 467
Location: Sacramento
Judge: Gevercer, Steven M
Hearing Date: 2022.09.07
Location: Sacramento
Judge: Gevercer, Steven M
Hearing Date: 2022.09.07
Excerpt: ...tted on law and motion matters. *** Plaintiffs Ronald Bingham, et al.'s motion to compel Defendant Central Valley Specialty Hospital's (“CVSH”) further responses to form interrogatories is ruled upon as follows. In this elder abuse action, Plaintiffs allege claims against Defendants CVSH and others for elder abuse, fraud, and wrongful death arising out of the care and treatment of decedent Ronald Bingham. Plaintiffs allege that the Decedent w...
2022.09.07 Motion to Compel Deposition 397
Location: Sacramento
Judge: Gevercer, Steven M
Hearing Date: 2022.09.07
Location: Sacramento
Judge: Gevercer, Steven M
Hearing Date: 2022.09.07
Excerpt: ...g with approximately 46 other notices) on April 7, 2022, for a May 2, 2022, deposition. Defendant's petition to compel arbitration was scheduled for May 12, 2022. On April 26, 2022, the parties entered an agreement to stay discovery pending a ruling on the petition to compel arbitration. The Court denied the petition on May 12, 2022. (ROA 47.) Plaintiffs' counsel contacted Defendant's counsel on May 13, 2022 seeking deposition dates regarding the...
2022.09.07 Demurrer 123
Location: Sacramento
Judge: Gevercer, Steven M
Hearing Date: 2022.09.07
Location: Sacramento
Judge: Gevercer, Steven M
Hearing Date: 2022.09.07
Excerpt: ...tion and to allow Ford to file a reply. In this action Ford filed a Judicial Council form complaint alleging causes of action for breach of contract and for common counts. The action arises from allegations that Boyd failed to make the required payments pursuant to a motor vehicle lease agreement (“Lease”). Ford alleged that the subject lease was assigned to it and that it is the owner of the leased vehicle. In the FACC Boyd alleges causes of...
2022.09.06 Motion to Dismiss 099
Location: Sacramento
Judge: Gevercer, Steven M
Hearing Date: 2022.09.06
Location: Sacramento
Judge: Gevercer, Steven M
Hearing Date: 2022.09.06
Excerpt: ...int, ¶ 4.) Defendant Comcopious Limited (“iCanPay”) is a Hong Kong shell company that does business under the name ICanPay through various subsidiaries. (Complaint, ¶¶ 5 and 17‐19; Shimogori Decl., ¶ 1.) Plaintiff alleges ComCopious' principal place of business is the home of its director and controlling shareholder, Defendant Kotaro Shimogori (“Shimogori”) located at 1506 Gorman Drive, Carmichael, California 95608. (Complaint, ¶ 6...
2022.09.06 Motion to Compel Psychiatric Exam, Neuropsychological Exam 617
Location: Sacramento
Judge: Gevercer, Steven M
Hearing Date: 2022.09.06
Location: Sacramento
Judge: Gevercer, Steven M
Hearing Date: 2022.09.06
Excerpt: ...ff alleges that automobile accident caused a variety of injuries, including headaches, dizziness, post‐concussion syndrome and TBI. (Response to Form Interrogatory No. 6.2, Jacoby Decl., Exh. B.) Plaintiff alleges the above complaints persist and that Plaintiff continues to suffer other complaints such as “[d]iminished attention, concentration/conversations, fatigue, difficulty w/ focus, multi‐tasking, finding words, feeling off balance, po...
2022.09.06 Motion to Compel Depositions 935
Location: Sacramento
Judge: Gevercer, Steven M
Hearing Date: 2022.09.06
Location: Sacramento
Judge: Gevercer, Steven M
Hearing Date: 2022.09.06
Excerpt: ...ices of depositions for persons most qualified (PMQ Nos. 3‐6) to Leisure Care. (McLaughlin Decl., ¶ 5, Exh. B.) Plaintiff served seven notices of depositions to Woodlake (PMQ Nos. 1‐ 7), four of which related to the same categories as those served on Leisure Care. (Ibid.) The depositions were noticed on dates between August 12‐16. (McLaughlin Decl., Exh. B.) Between August 8 and 12, Defendants served objections. (McLaughlin Decl., ¶ 6, Ex...
2022.09.06 Demurrer 397
Location: Sacramento
Judge: Gevercer, Steven M
Hearing Date: 2022.09.06
Location: Sacramento
Judge: Gevercer, Steven M
Hearing Date: 2022.09.06
Excerpt: ... abetting; (6) "malicious (vindictive) prosecution"; (7) abuse of process; (8) wrongful use of civil proceedings; (9) defamation; (10) false light; (11) intentional infliction of emotional distress; (12) negligent infliction of emotional distress and (13) public disclosure of private facts. (Complaint.) Only the third, fourth, fifth, eleventh and twelfth causes of action are asserted against Moving Defendants. (Complaint.) Plaintiff and Defendant...
2021.04.01 OSC Re Preliminary Injunction 855
Location: Sacramento
Judge: Gevercer, Steven M
Hearing Date: 2021.04.01
Location: Sacramento
Judge: Gevercer, Steven M
Hearing Date: 2021.04.01
Excerpt: ...eding with a trustee's sale of Plaintiff's residence pending the hearing on the OSC. Opposition was to be filed by March 19, 2021. Defendant 2nd Chance filed an opposition in connection with the March 11, 2021 ex parte hearing and the Court therefore construes that opposition to apply here. In the operative complaint Plaintiff alleges causes of action for (1) Violation of the Truth in Lending Act; (2) Unfair Business & Professions Code § 17200; ...
2021.04.01 Motion to Strike Four Causes of Action 641
Location: Sacramento
Judge: Gevercer, Steven M
Hearing Date: 2021.04.01
Location: Sacramento
Judge: Gevercer, Steven M
Hearing Date: 2021.04.01
Excerpt: ...st Theis and Andreas Rodriguez alleging causes of action for fraud, breach of Tillman LLC's Operating Agreement, breach of a verbal lease, breach of fiduciary duty, accounting, conversion, and more. The thrust of the complaint involves a business dispute regarding the operation of Tillman LLC and allegations that Theis failed to make capital contributions, led Batchelor to believe he was gainfully employed and had resources available so that Batc...
2021.04.01 Motion for Summary Judgment, Adjudication 326
Location: Sacramento
Judge: Gevercer, Steven M
Hearing Date: 2021.04.01
Location: Sacramento
Judge: Gevercer, Steven M
Hearing Date: 2021.04.01
Excerpt: ...20 in Department 54 but was continued to February 10, 2021 at Plaintiff Stella Altraide's request. Judge Krueger then recused himself from this matter on January 27, 2021, which resulted in this matter being transferred to this department and re‐set for hearing on today's date. Plaintiff's Opposition papers failed to comply with the Court's 2/10/21 order requiring leave of Court for additional briefing. Nevertheless, the Court considered all of...