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632 Results

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Location: Sacramento x
Judge: Mesiwala, Shama H x
2022.01.26 Motion to Enforce Settlement 081
Location: Sacramento
Judge: Mesiwala, Shama H
Hearing Date: 2022.01.26
Excerpt: ...efendant”) default was entered on 9/21/20. An Interlocutory Judgment After Default was entered on July 2, 2021. (Register of Actions (“ROA”) 36.) The Notice of Motion states that Plaintiffs seek “an order enforcing the Interlocutory Judgment After Default previously entered by this court for sale of 2526 El Cerco Court, Rancho Cordova, California 95670 ("Subject Property"), pursuant to California Civil Procedure §§ 128(a)(4) and 187 on ...
2022.01.26 Motion to Compel Compliance with Notices of Deposition 375
Location: Sacramento
Judge: Mesiwala, Shama H
Hearing Date: 2022.01.26
Excerpt: ... party is directed to contact counsel for opposing party forthwith and advise counsel of Local Rule 1.06 and the Court's tentative ruling procedure. If counsel for moving party is unable to contact counsel for opposing party prior to hearing, counsel for moving party shall 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). In this action, se...
2022.01.26 Motion for Terminating Sanctions 185
Location: Sacramento
Judge: Mesiwala, Shama H
Hearing Date: 2022.01.26
Excerpt: ...e any responses by the Court's October 15, 2021 deadline, and has not served any responses to date. Therefore, because Defendant failed to abide by this Court's order, Plaintiff requests that the Court strike the Answer and order a default be entered against Defendant. Plaintiff also seeks $1,410.00 in monetary sanctions to be paid by Defendant for abuse of discovery process. Pursuant to Code of Civil Procedure section 2031.310(i), a court may im...
2022.01.26 Demurrer 267
Location: Sacramento
Judge: Mesiwala, Shama H
Hearing Date: 2022.01.26
Excerpt: ...ndant. The Complaint alleges causes of action for (1) Sexual Assault/Battery (against Smithson only); (2) Negligence (against all Defendants); (3) Sexual Harassment (Civil Code § 51.9) (against all Defendants); and (4) Gender violence (Civil Code § 52.4) (against all Defendants). (See generally, Compl.) The Complaint alleges that Daniel Smithson was an uncredentialed teacher and custodian employee of Defendant, that he taught art and Dungeons a...
2022.01.26 Motion to Compel Production of Docs, Deposition 680
Location: Sacramento
Judge: Mesiwala, Shama H
Hearing Date: 2022.01.26
Excerpt: ...ULED. However, the Court notes that many of the statements objected to by Plaintiff consist of counsel's description of factual contentions that CalFire anticipates raising as trial. The Court considers such statements only as evidence of what issues will be raised at trial, not as evidence of the truth of those contentions. Background This is an employment action arising from the alleged wrongful termination of Plaintiff based on alleged disabil...
2022.01.20 Motion for Summary Adjudication 361
Location: Sacramento
Judge: Mesiwala, Shama H
Hearing Date: 2022.01.20
Excerpt: ...fendant Cathryn Tran moves for an order granting summary adjudication against Defendants/Cross‐ Complainants Chau Vo and Thi Ba Nguyen's eighth and twenty‐second affirmative defenses. The caption states the motion is also for the appointment of a receiver to fully dispose of Plaintiff's first cause of action for partition, but this request for relief is not included in the notice of motion. Legal Standard In evaluating a motion for summary ju...
2022.01.20 Motion for Leave to File Action 461
Location: Sacramento
Judge: Mesiwala, Shama H
Hearing Date: 2022.01.20
Excerpt: ... to suspect Ms. Aspen of being in the course and scope of employment with a public entity at the time of the subject collision. Petitioner's claim against the Department of General Services, State of California thus accrued on January 27, 2020. Petitioner filed a late‐claim application on February 17, 2021, more than one year from the accrual of the cause of action. On February 26, 2021, Petitioner resubmitted his late‐claim application, havi...
2022.01.20 Demurrer 861
Location: Sacramento
Judge: Mesiwala, Shama H
Hearing Date: 2022.01.20
Excerpt: ...account is what the Defendant/Cross‐Complainant held with creditor Comity Capital Bank and the other account was with Citibank, N.A. Both creditors sold, assigned, and transferred all rights and interest in the accounts to Midland.. The Cross‐Complaint alleges three causes of actions against Midland. Crosscomplainant alleges negligent misrepresentation arising out of a misrepresentation of Best Buy concerning a computer she purchased, breach ...
2022.01.20 Demurrer 309
Location: Sacramento
Judge: Mesiwala, Shama H
Hearing Date: 2022.01.20
Excerpt: ...lt, California 95632. Allegations of FAC Plaintiff nursing home entered a contract with decedent, Lillie Chapman, agreeing to provide to decedent skilled nursing facility care and services for a fee. Decedent agreed to pay for said skilled nursing care and services. Decedent left an outstanding balance in the amount of $51,500. At all times herein relevant. Decedent knew that she was indebted to Plaintiff. The Decedent died on or about April 19,2...
2022.01.19 Motion for Judgment on the Pleadings 011
Location: Sacramento
Judge: Mesiwala, Shama H
Hearing Date: 2022.01.19
Excerpt: ...”) office in Sacramento to tour the facility and meet with Defendant Steve Favis (“Favis”), Taechyon's Chief Technology Officer, and Defendant Deepak Srivastava (“Srivastava”), Taechyon's former Chief Executive Officer. (FAC, ¶ 20.) Srivastava and Favis made representations about the potential for Taechyon's products in both the United States and other global markets and encouraged O‐Film to make a $1 million investment in Taechyon. ...
2022.01.19 Demurrer 185
Location: Sacramento
Judge: Mesiwala, Shama H
Hearing Date: 2022.01.19
Excerpt: ...g counsel is directed to contact opposing counsel and 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. BACKGROUND Plaintiffs filed their Complaint against Defendant on May 5, 2021. Plaintiffs are former employees of Defendant who alleg...
2022.01.19 Demurrer 667
Location: Sacramento
Judge: Mesiwala, Shama H
Hearing Date: 2022.01.19
Excerpt: ...(“Amended Complaint” or “SAC”) against Defendants the Regents of the University of California (“the Regents”), UC Davis Health Systems (“UC Davis”), and Laura Beltramini (“Beltramini”) on June 30, 2021. According to the Amended Complaint, Plaintiff began working at UC Davis in October 2002 and has had a disability under the Fair Employment and Housing Act (“FEHA”) since 2006. (SAC, ¶¶ 10, 13.) Plaintiff alleges his disab...
2022.01.19 Motion Contesting Good Faith Settlement Determination 491
Location: Sacramento
Judge: Mesiwala, Shama H
Hearing Date: 2022.01.19
Excerpt: ...�) and Adriel Salto, a minor, allege that a vehicle negligently operated by Defendant Bethany Masten collided with a vehicle negligently operated by Defendant Adel Hall (“Ms. Hall”) that collided with a vehicle operated by Melanie Camacho, in which Mr. Salto and Adriel Salto were passengers. (ROA 1.) On September 14, 2020, Ms. Hall filed a Cross‐Complaint against Bethany and Scott Masten (“the Mastens”) for indemnification, apportionmen...
2022.01.19 Motion for Summary Judgment, Adjudication 395
Location: Sacramento
Judge: Mesiwala, Shama H
Hearing Date: 2022.01.19
Excerpt: ...alleges it leased commercial space to Defendants located at 8390 Gerber Road, Suite C in Sacramento (“the Property”). (Complaint, ¶ 6.) The lease commenced on November 4, 2014 and had an expiration date of January 31, 2018. (Id., ¶ 8) Defendants breached the lease by failing and refusing to pay rent and other amounts due and Plaintiff has been damaged in the amount of $23,742.27 exclusive of interest and attorney fees and costs. (Id., ¶¶ ...
2022.01.19 Motion for Sanctions 841
Location: Sacramento
Judge: Mesiwala, Shama H
Hearing Date: 2022.01.19
Excerpt: ...had been leased to Sprint pursuant to a Master Fleet Services Agreement. Sprint provided the vehicle to its employee David Miranda (“Mr. Miranda”). On the night in question, Ms. Guzman was driving the vehicle home from a concert with Mr. Miranda as a passenger in the vehicle. Ms. Guzman rear‐ended another vehicle causing the Ford Fusion to become inoperable. Part of the vehicle remained in a portion of the number three lane of traffic. A tr...
2022.01.19 Motion for Summary Judgment, Adjudication 445
Location: Sacramento
Judge: Mesiwala, Shama H
Hearing Date: 2022.01.19
Excerpt: ...Ban (“Plaintiff”) contends that Defendants AHA, Brockett, and Linnea Stonebraker (“Stonebraker”), (collectively “Defendants”), engaged in wrongful conduct which resulted in Plaintiff's registration as a certified instructor for life support training to be revoked by AHA. As a direct result of AHA's renovation, Plaintiff alleges he lost business and prospective economic benefit. Plaintiff alleges causes of action against Defendants for...
2022.01.19 Motion to Compel Further Responses 161
Location: Sacramento
Judge: Mesiwala, Shama H
Hearing Date: 2022.01.19
Excerpt: ...ed by Local Rule 1.06. Moving counsel is directed to contact opposing counsel and advise counsel 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 the hearing, moving counsel is ordered to appear at the hearing via Zoom or by telephone. Background Plaintiff's underlying Second Amended Complaint is a representative action under the Pri...
2022.01.19 Motion to Compel Responses 339
Location: Sacramento
Judge: Mesiwala, Shama H
Hearing Date: 2022.01.19
Excerpt: ...es not provide notice of the Court's tentative ruling system, as required by Local Rule 1.06. Moving counsel is directed to contact opposing counsel and advise counsel 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 the hearing, moving counsel is ordered to appear at the hearing via Zoom or by telephone. Background Plaintiff filed t...
2022.01.18 Motion for Preliminary Injunction 687
Location: Sacramento
Judge: Mesiwala, Shama H
Hearing Date: 2022.01.18
Excerpt: ... of Corrections and Rehabilitation (CDCR) and Kathleen Allison in her official capacity as Secretary of the CDCR from enforcing operational regulations that CDCR has adopted on an emergency basis which increase certain prison inmates' earning rates of good conduct credit (the Regulations). As the Court explains below, the motion for preliminary injunction is denied. Petitioners seek a preliminary injunction enjoining Respondents State of Californ...
2022.01.18 Demurrer to TAC 423
Location: Sacramento
Judge: Mesiwala, Shama H
Hearing Date: 2022.01.18
Excerpt: ...dict the allegations in the TAC such that it should be considered on demurrer pursuant to Del E. Webb Corp v Structural Materials Co. (1981) 123 Cal.App.3d 593, 604. The Court previously sustained BRMS' demurrer to the First Cause of Action for Unfair Business Practices in Violation of Bus. & Prof. Code § 17200. The Court found that Plaintiff failed to adequately allege any conduct by BRMS that would establish any unlawful, unfair or fraudulent ...
2022.01.18 Demurrer to FAC 517
Location: Sacramento
Judge: Mesiwala, Shama H
Hearing Date: 2022.01.18
Excerpt: ...bor Code § 1102.5; (2) breach of the implied covenant of good faith and fair dealing (Tameny); (3) “violation of Plaintiffs' recognized pretermination due process rights (Skelly)”; (4) negligent supervision; and (5) negligent infliction of emotional distress. Plaintiffs allege that there were Capitol Security Technicians employed by the State Senate who were charged with harassment and discrimination violations. (FAC ¶ 10) They allege that ...
2022.01.18 Demurrer 543
Location: Sacramento
Judge: Mesiwala, Shama H
Hearing Date: 2022.01.18
Excerpt: ...ion in Violation of Government Code § 12940(k); and (3) Failure to Provide Reasonable Accommodation in Violation of Government Code § 12940(m). Defendant demurs to all three causes of action. A demurrer can be used to challenge defects that appear only on the face of the pleading under attack or from matters outside the pleading that are judicially noticeable. (Blank v Kirwan (1985) Cal.3d 311, 318.) In reviewing the sufficiency of a complaint ...
2022.01.13 Motion for Summary Judgment, Adjudication 177
Location: Sacramento
Judge: Mesiwala, Shama H
Hearing Date: 2022.01.13
Excerpt: ...rdered to notify Plaintiff immediately of the tentative ruling system and to be available at the hearing, via Zoom video or audio, 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. (See Professional Engineers v. Dep't of Transp. (1997) 15 Cal.4th 543, 590 (judicial notice of findings of fact does not mean that those findings of fact are true); Steed...
2022.01.13 Demurrer 567
Location: Sacramento
Judge: Mesiwala, Shama H
Hearing Date: 2022.01.13
Excerpt: ...the tentative ruling system and to be available at the hearing, via Zoom video or audio, in the event Plaintiff appears without following the procedures set forth in Local Rule 1.06(B). Plaintiff's request for judicial notice is granted. Defendant Brackett demurs to the tenth causes of action for meal period liability, eleventh cause of action for rest period liability, twelfth cause of action for failure to provide accurate itemized wage stateme...
2022.01.13 Demurrer 297
Location: Sacramento
Judge: Mesiwala, Shama H
Hearing Date: 2022.01.13
Excerpt: ...nst Dr. Cacho only. Appearance is required. Oral Argument will take place on January 13, 2022, at 1:30 p.m. The Clerk shall fax a copy of this tentative ruling to the litigation coordinator. The litigation coordinator shall provide the tentative ruling to Lloyd Davis within 48 hours. The litigation coordinator is directed to have Lloyd Davis available at oral argument on January 13, 2022 at 1:30 pm. Appearance will be by ZOOM. Department 53 Zoom ...

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