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Location: Sacramento x
Judge: Mesiwala, Shama H x
2021.12.08 Motion to Dismiss 551
Location: Sacramento
Judge: Mesiwala, Shama H
Hearing Date: 2021.12.08
Excerpt: ...'s tentative ruling system as required by Local Rule 1.06(D). Cross‐Defendant is ordered to notify parties immediately of the tentative ruling system and to be available at the hearing, via Zoom video or audio, in the event another party appears without following the procedures set forth in Local Rule 1.06(B). Cross‐Defendant's request for judicial notice is granted. The cross‐complaint in this action was filed on July 31, 2019. (ROA 47.) C...
2021.12.08 Motion for Summary Adjudication 361
Location: Sacramento
Judge: Mesiwala, Shama H
Hearing Date: 2021.12.08
Excerpt: ... for relief is not included in the notice of motion. Legal Standard In evaluating a motion for summary judgment, the Court engages in a three‐step process. First, the Court identifies the issues as framed by the pleadings. The pleadings define the scope of the issues on a motion for summary judgment or summary adjudication. ( FPI Dev. Inc. v. Nakashima (1991) 231 Cal.App.3d 367, 381‐382.) Because a motion for summary judgment/adjudication is ...
2021.12.08 Motion for Final Approval of Class Action Settlement 927
Location: Sacramento
Judge: Mesiwala, Shama H
Hearing Date: 2021.12.08
Excerpt: ...urt, rule 3.769(g).) This is a wage and hour class action. Plaintiff Tiffany Henderson, individually and on behalf of a putative class of 414 nonexempt, non‐union employees who were employed at one of Defendants' Valley Recovery facilities in California, and Defendants, have agreed to settle this wage and hour class action for $720,000. Defendants are the corporate owners and operators of a group of five "Valley Recovery Centers" located in Sac...
2021.12.07 Motion to Approve PAGA Settlement 895
Location: Sacramento
Judge: Mesiwala, Shama H
Hearing Date: 2021.12.07
Excerpt: ...ant Energy Star Lighting & Electric, Inc. ("Defendant") failed to pay overtime wages, failed to provide meal and rest periods, failed to provide accurate wage statements, failed to keep accurate time records, failed to pay final wages, and failed to reimburse business expenses. The Complaint further alleges that Defendants are liable for civil penalties as a result of the alleged violations. Defendants have denied all of Plaintiffs' allegations. ...
2021.12.07 Motion for Summary Judgment, Adjudication 841
Location: Sacramento
Judge: Mesiwala, Shama H
Hearing Date: 2021.12.07
Excerpt: ...tion. In granting or denying a motion for summary judgment or summary adjudication, the Court need rule only on those objections to evidence that it deems material to its disposition of the motion. Objections to evidence that are not ruled on for purposes of the motion shall be preserved for appellate review. (Code Civ. Proc. § 437c(q) (as amended effective Jan. 1, 2016).) The motion is made on the grounds that Plaintiffs' and Cross‐Complainan...
2021.12.07 Motion for Final Approval of Class Action Settlement 289
Location: Sacramento
Judge: Mesiwala, Shama H
Hearing Date: 2021.12.07
Excerpt: ... court; and (2) a later detailed review after the period during which notice is distributed to class members for their comments or objections. (Conte & Newberg, Newberg on Class Actions (Newberg) § 11.24 (4th ed. 2002.) This procedure assures class members of the protection of procedural due process safeguards and enables a court to fulfill its role as the guardian of the interests of the settlement class. As required by the Rules of Court, the ...
2021.12.07 Motion for Attorney Fees 533
Location: Sacramento
Judge: Mesiwala, Shama H
Hearing Date: 2021.12.07
Excerpt: ...uses of action against Defendant for libel, defamation per se and false light which were all premised on allegations that Defendant posted negative reviews of Plaintiff in December 2020 and March 2021 on Yelp and Google. The Court stated that Defendant was to bring a separately noticed motion for fees. (Id.) Defendant now seeks $37,400 in fees and $228 in costs incurred in connection with the anti‐SLAPP motion and the instant fee motion. The re...
2021.12.02 Motion to Strike, Demurrer 587
Location: Sacramento
Judge: Mesiwala, Shama H
Hearing Date: 2021.12.02
Excerpt: ...hat she was an employee of CDPH who was constructively discharged after a series of conflicts with her supervisor, Dietzen. (See generally, FAC.) The FAC alleges the following causes of action: (1) discrimination based on age under the California Fair Employment and Housing Act ("FEHA"); (2) harassment (FEHA); (3) disparate treatment in violation of public policy; (4) failure to prevent harassment, discrimination, and retaliation (FEHA); (5) reta...
2021.12.02 Motion for Summary Judgment, Adjudication 687
Location: Sacramento
Judge: Mesiwala, Shama H
Hearing Date: 2021.12.02
Excerpt: ...as required by Local Rule 1.06(D). Moving counsel is ordered to notify opposing counsel immediately of the tentative ruling system and to be available at the hearing, in person or by telephone, in the event Plaintiff/Cross‐Complainant appears without following the procedures set forth in Local Rule 1.06(B). Legal Standard In evaluating a motion for summary judgment or summary adjudication, the Court engages in a three‐step process. First, the...
2021.12.02 Motion for Entry of Declaratory Judgment, for Judgment on the Pleadings 929
Location: Sacramento
Judge: Mesiwala, Shama H
Hearing Date: 2021.12.02
Excerpt: ...under Section 664.6. This is Plaintiff's second attempt to obtain entry of a stipulated declaratory judgment through Section 664.6 in this action. Plaintiff's previous “Request for Entry of Judgment in Accordance with Already Filed Stipulation for Judgment” was denied. (Register of Actions (“ROA”) 34.) In denying that motion, Judge Brown explained, “The file does not include a complete stipulation signed by both parties, or a proof of s...
2021.12.01 Demurrer 319
Location: Sacramento
Judge: Mesiwala, Shama H
Hearing Date: 2021.12.01
Excerpt: ...laintiff fails to state facts showing his termination was “substantially motivated” by a violation of public policy. This action arises out of Plaintiff's termination by Defendant on December 20, 2017. Plaintiff filed his complaint on December 12, 2018. (ROA 1.) On October 8, 2020, the Court granted Plaintiff leave to amend to file his first amended complaint (“FAC”). (ROA 41.) On April 29, 2021, the Court sustained, with leave to amend, ...
2021.12.01 Demurrer 323
Location: Sacramento
Judge: Mesiwala, Shama H
Hearing Date: 2021.12.01
Excerpt: ...ion was “substantially motivated” by a violation of public policy. This action arises out of Plaintiff's termination by Defendant on December 20, 2017. Plaintiff filed his complaint on December 12, 2018. (ROA 1.) On October 8, 2020, the Court granted Plaintiff leave to amend to file his first amended complaint (“FAC”). (ROA 72.) On April 29, 2021, the Court sustained, with leave to amend, Defendant's demurrer to the FAC. (ROA 94.) Defenda...
2021.12.01 Motion to Dismiss 527
Location: Sacramento
Judge: Mesiwala, Shama H
Hearing Date: 2021.12.01
Excerpt: ...y 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). Defendant's request for judicial notice is granted. This is a lawsuit to recover funds from Defendant Khushvir Singh for amounts owed pursuant to an educational loan document executed in 2009. Moving Defendant Swarnjit Sekhon is allege...
2021.12.01 Demurrer, Motion to Strike 127
Location: Sacramento
Judge: Mesiwala, Shama H
Hearing Date: 2021.12.01
Excerpt: ... and Jackie Hagen's fifth cause of action for unlawful business practices and unfair competition practices per Business & Professions Code section 17200 alleged in their third amended complaint (“TAC”). The demurrer is ruled on as follows. Defendants specifically demur to the fifth cause of action on grounds that it fails to state facts sufficient to constitute a cause of action. The notice of motion does not provide notice of the Court's ten...
2021.12.01 Motion to Quash Subpoena 249
Location: Sacramento
Judge: Mesiwala, Shama H
Hearing Date: 2021.12.01
Excerpt: ...uilder Services Group, Inc. and its predecessor TruTeam of California, Inc. BSGI moves for an order quashing Defendant/Cross‐ Complainant Jeff Cable's (“Cable”) four deposition subpoenas for production of business records, served on Cable's counsel on September 13, 2021, directed to the following non‐parties: (1) Knauf Insulation; (2) Johns Manville; (3) CertainTeed; and (4) Owens Corning Insulating Systems, LLC. BSGI alleges the subpoena...
2021.12.01 Motion to Tax Costs 029
Location: Sacramento
Judge: Mesiwala, Shama H
Hearing Date: 2021.12.01
Excerpt: ...ch is not applicable to Defendant Celtic, or, in the alternative, should be stricken because Defendant Celtic failed to timely notice the motion; and (2) other fees requested in item number 16, in the amount of $108.50 on grounds that Code of Civil Procedure section 1033.5 prohibits the recovery of postage costs. Plaintiff filed a notice of non‐opposition to Defendant Celtic's motion for summary judgment, which was granted on August 17, 2021. (...
2021.11.30 Motion to Strike 530
Location: Sacramento
Judge: Mesiwala, Shama H
Hearing Date: 2021.11.30
Excerpt: ...of action for "fraud and deceit" in the Cross‐Complaint of Defendant and Cross‐Complainant Sourdough & Co., Inc. on the basis that the conduct giving rise to this cause of action includes the plaintiff's filing of this lawsuit which is alleged to constitute the cross‐complainant's damages. Plaintiffs and Cross‐Defendants Gurpreet Brar, Harman Brar, Amanpreet Toor, Sukhdev Singh and Arvinbrar, Inc. ("Plaintiffs") have brought a complaint a...
2021.11.30 Motion for Final Approval of Class Action Settlement 947
Location: Sacramento
Judge: Mesiwala, Shama H
Hearing Date: 2021.11.30
Excerpt: ...eview by the court; and (2) a later detailed review after the period during which notice is distributed to class members for their comments or objections. (Conte & Newberg, Newberg on Class Actions (Newberg) § 11.24 (4th Ed. 2002).) This procedure, which is commonly utilized by both federal and state courts, assures class members of the protection of procedural due process safeguards and enables a court to fulfill its role as the guardian of the...
2021.11.30 Demurrer, Motion to Strike 637
Location: Sacramento
Judge: Mesiwala, Shama H
Hearing Date: 2021.11.30
Excerpt: ... of the Fair Employment and Housing Act arising out of his employment with defendant. Allegations of FAC Plaintiff alleges that in March 2017, Plaintiff learned from the staff that he supervised about an alleged inappropriate intimate/sexual relationship between Defendant Alvarez, plaintiff's supervisor, and a female subordinate staff member supervised by Plaintiff. In or about March 2017, Plaintiff reported to management his and his staff's conc...
2021.11.30 Demurrer 315
Location: Sacramento
Judge: Mesiwala, Shama H
Hearing Date: 2021.11.30
Excerpt: ... Snyder, in which she pleaded a single cause of action for defamation in connection with the termination of her employment. (RJN, Exh. A; ROA 1.) On September 8, 2020, Plaintiff moved for leave to file her FAC to add Neil DeBlock as a defendant and to add causes of action for wrongful termination against public policy (against Zurich only) and violation of the Tom Bane Civil Rights Act. (Civ. Code § 52.1, et seq.) (against all Defendants). (RJN,...
2021.11.24 Motion to Strike or Continue Motion for Summary Judgment 011
Location: Sacramento
Judge: Mesiwala, Shama H
Hearing Date: 2021.11.24
Excerpt: ...r alleged pretextual firing. Trial is currently set for March 7, 2022. The Honorable David Brown (Ret.) has been serving as the discovery referee in this action. The Court granted Plaintiffs' prior request to continue the hearing on Defendants' Motion for Summary Judgment (“MSJ”) and moved the hearing from September 2, 2021, to December 15, 2021. Plaintiffs now seek to strike Defendants' MSJ on grounds that Defendants have failed to provide ...
2021.11.24 Motion for Summary Judgment, Adjudication 129
Location: Sacramento
Judge: Mesiwala, Shama H
Hearing Date: 2021.11.24
Excerpt: ...ict liability under California Civil Code Section 3342, general negligence, and negligent infliction of emotional distress. Plaintiffs allege a dog attacked minor Plaintiff Arianna Hedding at the backyard of the property located at 8937 Robbins Road, Sacramento, California. Plaintiffs' pleading alleges that Defendants were the dog owners, possessors and/or keepers of a dog that, without provocation, bit minor Plaintiff Arianna Hedding‐Kelton, c...
2021.11.24 Motion for Protective Order 113
Location: Sacramento
Judge: Mesiwala, Shama H
Hearing Date: 2021.11.24
Excerpt: ...ntal Concepts (“Defendant”). In the instant motion, Plaintiff seeks a protective order requiring that her deposition not be taken in‐person, and that instead be taken using remote technology. Defendant opposes the motion and seeks an in‐person deposition. Request for Judicial Notice Defendant's Request for Judicial Notice, which attaches materials from the Centers for Disease Control website, is unopposed and is granted. (See e.g. Tenet H...
2021.11.24 Demurrer 881
Location: Sacramento
Judge: Mesiwala, Shama H
Hearing Date: 2021.11.24
Excerpt: ...onal infliction of emotional distress, and negligent infliction of emotional distress. The FAC alleges that Plaintiff had a homeowner's insurance policy with Defendant as the insurer. The FAC also alleges that on July 1, 2016, Plaintiff's house suffered substantial and extensive damage when a large fire started at Plaintiffs neighbor's house, and then spread to Plaintiff's house. Immediately after the fire damage to Plaintiff's house, Plaintiff t...
2021.11.24 Demurrer 547
Location: Sacramento
Judge: Mesiwala, Shama H
Hearing Date: 2021.11.24
Excerpt: ...pursuant to Code of Civil Procedure section 430.10(e), (f), and (g) contending the pleading fails to state facts sufficient to constitute a cause of action, is uncertain, and fails to specify whether the alleged contract is written, oral, or implied by conduct. A complaint must contain a statement of the facts constituting the cause of action in ordinary and concise language. (Code Civ. Proc. § 425.10(a)(1).) The complaint must set forth the ess...

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