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Location: Sacramento x
Judge: Gevercer, Steven M x
2021.04.01 OSC Re Preliminary Injunction 855
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
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
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...
2021.04.01 Motion for Stay of Action 405
Location: Sacramento
Judge: Gevercer, Steven M
Hearing Date: 2021.04.01
Excerpt: ...himself and the other plaintiffs. Plaintiffs have two pending wrongful death/medical malpractice cases pending in the Los Angeles County Superior Court related to the death of Darrell Norried. In this action plaintiffs seek declaratory relief in the form of a declaration that the provisions of the Medical Injury Compensation Reform Act (“MICRA”) capping noneconomic damages at $250,000 and limiting contingency attorney fees violate the Califor...
2021.04.01 Motion for Protective Order 624
Location: Sacramento
Judge: Gevercer, Steven M
Hearing Date: 2021.04.01
Excerpt: .../harassment against her supervisor Kendall. Plaintiff issued a deposition notice for SMUD's Person Most Qualified (“PMQ”) with the deposition originally set to occur on March 3, 2021. The deposition notice sought a PMQ on the following topics: (1) All Complaints concerning race discrimination and any and all resulting investigations for 2015‐2019 referred to in Exhibit A; (2) All Complaints concerning gender discrimination and any all resul...
2021.04.01 Application for Writ of Attachment 013
Location: Sacramento
Judge: Gevercer, Steven M
Hearing Date: 2021.04.01
Excerpt: ... breach of the covenant of good faith and fair dealing, intentional misrepresentation, negligent misrepresentation, and unjust enrichment against Defendant Vicky Nichole Ark, Vladimir Akhramenko, Dennis Akhramenko and Viva Management. Plaintiff alleges that he rented a residence from defendant Vicky Ark for $2,200 per month. (Comp. ¶¶ 18‐19.) Plaintiff alleges that starting in October 2019, during her monthly, in‐person pick‐ups of the mo...
2021.03.30 Motion to File FAC 611
Location: Sacramento
Judge: Gevercer, Steven M
Hearing Date: 2021.03.30
Excerpt: ... in an appeal. Plaintiffs request leave to file a FAC to allege a cause of action for constructive fraud and to add a claim for punitive damages against both defendants to Plaintiffs' prayer for relief. Plaintiffs also seek to add factual allegations that defendants concealed that the handling attorney with exclusive responsibility for Plaintiffs' underlying appeal was not competent to practice law under the Rules of Professional Conduct due to s...
2021.03.30 Motion to Compel Deposition, for Production of Docs 947
Location: Sacramento
Judge: Gevercer, Steven M
Hearing Date: 2021.03.30
Excerpt: ...end vehicle collision that occurred on February 1, 2016. Plaintiff Richard Martinez was the passenger in a truck tractor pulling a FedEx trailer. At that time, a USA Waste Management ("WM") garbage truck rear ended the FedEx trailer and truck and plaintiff was injured. Perry Roll was identified in discovery as the Director of Fleet Management, a person most knowledgeable as to the repair of the WM vehicle. (Declaration of Owen) Plaintiff set th...
2021.03.30 Motion to Compel Deposition 501
Location: Sacramento
Judge: Gevercer, Steven M
Hearing Date: 2021.03.30
Excerpt: ...nt infliction of emotional distress, violation of Patients' Bill of Rights, and wrongful death, related to the care of decedent Gerard Follettie. The deposition notice seeks the following information about defendant's employees, unlimited as to time. 1. Any and all PERSONNEL FILES (for purposes of this notice "PERSONNEL FILE" means the employee's initial application, all performance evaluations, training records, disciplinary records, write‐ups...
2021.03.30 Demurrer 441
Location: Sacramento
Judge: Gevercer, Steven M
Hearing Date: 2021.03.30
Excerpt: ...ply, the Court will entertain a request to continue the hearing on the demurrer. Defendants' request for judicial notice is granted. (See Poseidon Devel., Inc. v. Woodland Lane Estates, LLC (2007) 152 Cal.App.4th 1106, 1117‐18; see also Stratford Irrig. Dist. v. Empire Water Co. (1941) 44 Cal.App.2d 61, 68 [recorded land documents, not contracts, are the subject of judicial notice on demurrer].) The court, however, does not accept the truth of ...
2021.01.28 Demurrer 739
Location: Sacramento
Judge: Gevercer, Steven M
Hearing Date: 2021.01.28
Excerpt: ...“Simply because information is on the Internet does not mean that it is not reasonably subject to dispute.” (Huitt v. Southern California Gas Co. (2010) 188 Cal.App.4th 1586, 1605, fn. 10.) The remainder of Defendant's request for judicial notice is granted. "[A] court may take judicial notice of the fact of a document's recordation, the date the document was recorded and executed, the parties to the transaction reflected in the recorded docu...
2021.01.28 Motion for Final Approval of Class Action Settlement 767
Location: Sacramento
Judge: Gevercer, Steven M
Hearing Date: 2021.01.28
Excerpt: ...ct a final approval hearing to inquire into the fairness of the proposed settlement. (Cal. R. C.t 3.769(g).) A presumption of fairness exists where: (1) the settlement is reached through arm'slength bargaining; (2) investigation and discovery are sufficient to allow counsel and the court to act intelligently; (3) counsel is experienced in similar litigation; and (4) the percentage of objectors is small. (Newberg & Conte, Newberg on Class Actions,...
2021.01.28 Motion to Compel Further Responses 691
Location: Sacramento
Judge: Gevercer, Steven M
Hearing Date: 2021.01.28
Excerpt: ...t's "surreply." There is no provision in the Code of Civil Procedure allowing for such a filing. An improperly filed surreply brief may be disregarded by the Court. (City of Arcadia v. State Water Res. Control Bd., (2010) 191 Cal.App.4th 156, 180, as modified on denial of reh'g (Jan. 20, 2011).) The Court need not repeat the factual and procedural background for this motion, which is set forth in full the Court's ruling on item 2 on today's calen...
2021.01.27 Motion to Compel IME 785
Location: Sacramento
Judge: Gevercer, Steven M
Hearing Date: 2021.01.27
Excerpt: ... of Civil Procedure section 2032. Plaintiff opposes the motion and requests $2,492.50 in sanctions. The motion is ruled on 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). Defendants are ordered to notify Plaintiff immediately of the tentative ruling system and to be available at the hearing, via Zoom or CourtCall, in the event Plaintiff appears without following th...
2021.01.27 Motion to Compel Deposition 501
Location: Sacramento
Judge: Gevercer, Steven M
Hearing Date: 2021.01.27
Excerpt: ...ws. Defendants' request for judicial notice of a discovery referee order in another case, Rios v. Plum Healthcare Group, LLC; Daisy Holdings, LLC dba Pine Creek Care Center, Sacramento County Superior Court Case No. 34‐2018‐ 00244263 is DENIED. Even if the Court were to take judicial notice of the document, it would be to notice the existence of the document and not the truth of the contents therein. In this alleged elder abuse action, Plaint...
2021.01.27 Motion for Final Approval of Class Action and PAGA Settlement 179
Location: Sacramento
Judge: Gevercer, Steven M
Hearing Date: 2021.01.27
Excerpt: ...Court shall conduct a final approval hearing to inquire into the fairness of the proposed settlement. (Cal. R. Ct. 3.769(g).) A presumption of fairness exists where: (1) the settlement is reached through arm'slength bargaining; (2) investigation and discovery are sufficient to allow counsel and the court to act intelligently; (3) counsel is experienced in similar litigation; and (4) the percentage of objectors is small. (Newberg & Conte, Newberg ...
2021.01.26 Motion to Strike 843
Location: Sacramento
Judge: Gevercer, Steven M
Hearing Date: 2021.01.26
Excerpt: ...seq. (Private Attorneys General Act of 2004 [“PAGA”].) Plaintiffs allege that Defendant has violated numerous provisions of the Labor Code. The original complaint was filed on November 5, 2018 by Plaintiff Daniel Orosz, who is no longer a part of the action. Plaintiff Holly McElroen was added as a plaintiff on August 5, 2019. Plaintiffs Carla Gerling and Larrecia Edwards were added to the SAC on September 4, 2020. Motions to strike are disfav...
2021.01.26 Motion for Relief from Order 067
Location: Sacramento
Judge: Gevercer, Steven M
Hearing Date: 2021.01.26
Excerpt: ...b). This is Plaintiff's third attempt to reopen discovery. Plaintiff's first motion to reopen discovery was heard and denied on June 17, 2020. Plaintiff then moved to vacate that order pursuant to Code of Civil Procedure § 663, which the Court construed as a motion for reconsideration and denied on September 24, 2020. (ROA 416.) Plaintiff once again moves to vacate the Court's June 17, 2020, Order, but this time pursuant to Code of Civil Procedu...
2021.01.26 Demurrer 843
Location: Sacramento
Judge: Gevercer, Steven M
Hearing Date: 2021.01.26
Excerpt: ...rovisions of the Labor Code. The original complaint was filed on November 5, 2018 by Plaintiff Daniel Orosz, who is no longer a part of the action. Plaintiff Holly McElroen was added as a plaintiff on August 5, 2019. Plaintiffs Carla Gerling and Larrecia Edwards were added to the SAC on September 4, 2020. It is alleged that Plaintiff Orosz served a notice to the Labor and Workforce Development Agency (“LWDA”) pursuant to Labor Code § 2699.3 ...
2021.01.26 Demurrer 587
Location: Sacramento
Judge: Gevercer, Steven M
Hearing Date: 2021.01.26
Excerpt: ...d numerous provisions of the Labor Code including §§ 201‐204, 218.5, 221, 226(a), 226.7, and more. Plaintiff alleges that Defendant failed to pay all meal and rest break wages, failed to properly calculate minimum and overtime wages, failed to provide compliant wage statements, failed to pay all wages due, caused employees to work seven consecutive days per week and failed to reimburse necessary business expenses. Defendant demurs to the comp...
2020.07.07 Motion to Strike 998
Location: Sacramento
Judge: Gevercer, Steven M
Hearing Date: 2020.07.07
Excerpt: ...was medicated with tramadol prior to being seen by the staff. Without Plaintiff's permission or knowledge, Defendant administered to Pete a dose of torbugesic as a sedative. The interaction of the two medications caused Pete to “to seize, bleed extensively from the mouth, lose its ability to stand upright, and suffer incredibly, to such a degree as his loving owner had to put him to sleep.” Defendants initially hid Pete's deteriorating condit...
2020.07.02 Motion to Vacate Default 382
Location: Sacramento
Judge: Gevercer, Steven M
Hearing Date: 2020.07.02
Excerpt: ...ual Background This is an employment action which was commenced in February 2016. Plaintiff alleges she suffered sex discrimination, age discrimination and wrongful discharge in violation of public policy. According to plaintiff's proof of service filed in August 2016, the summons, complaint and first amended complaint were served on the Sheriff's Department on 6/15/2016 by substituted service at the Sheriff's Department Legal Department on Power...
2020.07.02 Motion for Summary Judgment, Adjudication 916
Location: Sacramento
Judge: Gevercer, Steven M
Hearing Date: 2020.07.02
Excerpt: ...UNOPPOSED and is GRANTED. Overview This case arises from the unlawful cultivation of cannabis. Plaintiff filed this action on December 6, 2018, alleging three causes of action against defendants Youcheng Wu and Jia Ying Wu. Plaintiff has since dismissed the second cause of action and has dismissed defendant Jia Ying Wu from this case. Plaintiff now seeks summary judgment, or in the alternative, summary adjudication, of the first cause of action f...
2020.07.02 Demurrer 463
Location: Sacramento
Judge: Gevercer, Steven M
Hearing Date: 2020.07.02
Excerpt: ...alifornia Civil Code § 2923.6(c). Plaintiff alleges that he is the successor‐in‐interest to his deceased mother, Geraldine Kipgen, who died in 2014. In February 2007, Ms. Kipgen borrowed $201,800 from Defendant (the “Loan”), secured by a deed of trust on the real property located at 9623 Tanglewood Circle, Orangevale, CA 95662 (the “Property”). (RJN Ex. 2.) Plaintiff alleges that he has lived in the Property from 2012 to the present ...
2020.07.01 Motion for Summary Judgment, Adjudication 112
Location: Sacramento
Judge: Gevercer, Steven M
Hearing Date: 2020.07.01
Excerpt: ...h is claimed to show the existence or non‐existence of a triable issue of material fact. The parties are also reminded that pursuant to local court rules, only limited oral argument is permitted on law and motion matters. *** Defendant Wells Fargo Bank, N.A.'s (“Bank”) motion for summary adjudication as to plaintiff in pro per Robinson's complaint is ruled upon as follows. Moving counsel failed to comply with CRC Rule 3.1350(g), requiring a...

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