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Location: Sacramento x
Judge: Gevercer, Steven M x
2023.02.01 Motion for Summary Judgment, Adjudication 157
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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 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...
2021.04.01 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 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 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 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...
2021.03.30 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 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...
2021.01.28 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 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...
2021.01.27 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 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...
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 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 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...
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...
2020.07.01 Demurrer 940
Location: Sacramento
Judge: Gevercer, Steven M
Hearing Date: 2020.07.01
Excerpt: ...who agreed in April 2016 to prepare plaintiff's 2015 federal and state tax returns. It appears plaintiff owed substantial sums in connection with both returns but he could not or did not pay either. Shortly thereafter in June 2016 the IRS sent plaintiff a notice of unpaid taxes of almost $22,000 and also placed a lien on plaintiff's property. It is unclear when the State of California first notified plaintiff of his unpaid state tax bill but in A...
2020.06.30 Motion to File Amended Complaint 054
Location: Sacramento
Judge: Gevercer, Steven M
Hearing Date: 2020.06.30
Excerpt: ...on and that Plaintiff intended to kill her. Plaintiff, in pro per, filed the Complaint on August 28, 2019, alleging causes of action for violation of privacy, libel defamation, false light, and destruction of family ties. Plaintiff filed the First Amended Complaint (“FAC”) on September 26, 2019, using a Judicial Council of California form personal injury complaint. Although the FAC alleges causes of action for violation of privacy, libel defa...
2020.06.30 Motion for Terminating Sanctions 362
Location: Sacramento
Judge: Gevercer, Steven M
Hearing Date: 2020.06.30
Excerpt: ...ial interrogatories and request for production by no later than January 27, 2020. Plaintiff failed to serve responses. The Court may impose sanctions that are suitable and necessary to enable the party seeking discovery to obtain the objects of the discovery he seeks, but the Court may not impose sanctions which are designed not to accomplish the objects of the discovery but to impose punishment. (Caryl Richards, Inc. v. Superior Court (1961) 188...
2020.06.30 Motion for Protective Order 548
Location: Sacramento
Judge: Gevercer, Steven M
Hearing Date: 2020.06.30
Excerpt: ...laintiff had a renter's policy with CSAA. Plaintiff made a claim with CSAA for his losses, and a subsequent investigation by the fire department's arson unit revealed that an accelerant was used. CSAA retained counsel, Mr. Doug Smith (“Smith”) to provide coverage determination advice, and CSAA ultimately denied Plaintiff's claims. At the time CSAA denied Plaintiff's claims, O'Reilly was CSAA's special investigations claims manager who reviewe...

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