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632 Results

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Location: Sacramento x
Judge: Mesiwala, Shama H x
2021.09.14 Motion to Compel Production of Docs 101
Location: Sacramento
Judge: Mesiwala, Shama H
Hearing Date: 2021.09.14
Excerpt: ...ruction site. Plaintiff alleges a cause of action for negligence against ACP and its employee Tommy Brower. Plaintiff alleges that Mr. Brower was in the course and scope of his employment with ACP when he was operating a concrete boom pump in close proximity to Plaintiff resulting in injuries to Plaintiff. Plaintiff claims that he has suffered cognitive impairments and behavioral changes due to the injuries. At issue on this motion is a subpoena ...
2021.09.14 Motion for Summary Adjudication 103
Location: Sacramento
Judge: Mesiwala, Shama H
Hearing Date: 2021.09.14
Excerpt: ... bad faith) in connection with his claim for insurance benefits with respect to an insurance policy for his 2002 Fleetwood Truck Camper (“Camper”). Plaintiff alleges that the Camper sustained water damage from a leak in the roof and that Defendant breached the terms of his insurance policy when it denied his claim. He also alleges that Defendant acted in bad faith by unreasonably withholding payments under the policy. Defendant moves for summ...
2021.09.14 Motion for Preliminary Approval of Class Action Settlement 819
Location: Sacramento
Judge: Mesiwala, Shama H
Hearing Date: 2021.09.14
Excerpt: ... 1138.) Newberg on Class Actions (4th Ed.), the authoritative treatise on class actions, discusses the process for approving the settlement of a class action. At § 11.24, “Procedure for Submitting Class Settlement for Approval,” Newberg describes the review at the preliminary stage as the submission by the parties of the essential terms of the agreement for informal review of the settlement papers by the Court. In reviewing a request for pre...
2021.09.14 Demurrer 151
Location: Sacramento
Judge: Mesiwala, Shama H
Hearing Date: 2021.09.14
Excerpt: ...t oral argument on September 22, 2021 at 1:30 pm. Appearance will be by ZOOM. Department 53 Zoom ID is: 841 204 6267. To appear on Zoom by phone, call (888) 475‐4499 or (877) 853‐5257 (toll‐free) and enter the Zoom ID referenced above for oral argument on September 22, 2021. Appearance is required. Defendant Kenneth Rosenfeld's (“Rosenfeld”) demurrer to self‐represented Plaintiff Tio Dinero Sessoms' second amended complaint (“SAC”...
2021.09.14 Applications for Writ of Attachment 009
Location: Sacramento
Judge: Mesiwala, Shama H
Hearing Date: 2021.09.14
Excerpt: ...authorities. In addition, Defendants' opposition to both applications is contained in a single memorandum. Therefore the Court addresses both in a single ruling. This action began when Plaintiff filed his complaint against Defendants alleging a plethora of causes of action ranging from fraud, violations of the Corporations Code, breach of fiduciary duty, breach of contract, accounting and more. The action arises from Plaintiff's $500,000 investme...
2021.09.14 Motion for Summary Adjudication 975
Location: Sacramento
Judge: Mesiwala, Shama H
Hearing Date: 2021.09.14
Excerpt: ...therwise it was to expire on December 31, 2016. Plaintiff alleges that after Defendant terminated the Agreement in October 2016 for convenience that Defendant wrongfully retained possession of certain equipment. In the First Amended Complaint (“FAC”), Plaintiff alleges causes of action against Defendant for conversion, breach of contract and others. Defendant purports to move for summary adjudication as to what it contends are “separate and...
2021.09.09 Motion for Summary Judgment, Adjudication 913
Location: Sacramento
Judge: Mesiwala, Shama H
Hearing Date: 2021.09.09
Excerpt: ...based on the new hearing date. No supplemental opposition was filed. The Court therefore analyzes the motion based on the original papers filed in connection with the May 13, 2021 hearing date. Plaintiffs Char Feagins, et al. filed the instant wrongful death and survival action alleging a single cause of action for negligence/wrongful death against Defendant. They allege that J.C. Feagins, IV (the “Decedent”) was in custody at the Sacramento ...
2021.09.09 Demurrer 848
Location: Sacramento
Judge: Mesiwala, Shama H
Hearing Date: 2021.09.09
Excerpt: ...aud, negligent misrepresentation, and unlawful business practices. Plaintiffs allege that Defendants created and deployed a fake air monitoring device affixed with a label that said “SMAQMD Air Monitoring Station,” and included the name and contact information for SCS Engineering employee Paul Schafer. Plaintiffs allege that the fake device and label were meant to deceive Plaintiffs, their employees, and their vendors by creating the false ap...
2021.09.09 Motion for Perpetuation Deposition 365
Location: Sacramento
Judge: Mesiwala, Shama H
Hearing Date: 2021.09.09
Excerpt: ...GRANTED. Defendants Churchwell White, LLP, Barbara A. Brenner, and Robin R. Baral (“Defendants”) oppose the motion. Request for Judicial Notice Defendants' Request for Judicial Notice (“RJN”), which attaches the pleading in this action, is unopposed and is GRANTED. Background This malicious prosecution action arises from an underlying action that was dismissed as to Plaintiffs by way of their anti‐SLAPP motion, such that this is a SLAPP...
2021.09.09 Motion for Judgment on the Pleadings, to Strike 774
Location: Sacramento
Judge: Mesiwala, Shama H
Hearing Date: 2021.09.09
Excerpt: ...ersion, and trespass to chattels. Plaintiffs allege that Defendant agreed to sell a 55% interest in Metro and its permitted cannabis retail store in exchange for $800,000. Plaintiffs allege that the parties also entered a Continuity Agreement and that Baystone would receive an equal number of seats on Metro's board. Plaintiffs allege that Defendant has failed to comply with the parties' “partnership” and has been attempting to exclude Bayston...
2021.09.09 Motion to Appoint Receiver 985
Location: Sacramento
Judge: Mesiwala, Shama H
Hearing Date: 2021.09.09
Excerpt: ...ate status with the Secretary of State is "FTB Suspended" for its failure to pay taxes, and that given this suspended status, Defendant may not oppose the instant motion or defend itself in this action during the suspension. (Declaration of Attorney Daniel K. Ohl ("OhI Decl.") ¶¶ 4‐6, RJN, 112, Ex. L.) While Defendant filed papers in opposition to the instant motion, the Court did not find it necessary to consider the substance of those paper...
2021.09.09 Motion to Compel Discovery 219
Location: Sacramento
Judge: Mesiwala, Shama H
Hearing Date: 2021.09.09
Excerpt: ...�Plaintiffs”) is ruled on as follows. Plaintiffs oppose the motion. This is an insurance bad faith action. Plaintiffs were allegedly shareholders, officers and/or directors of a suspended California corporation called Sacramento A‐1 Door. Defendants were Plaintiffs' insurance brokers. Plaintiffs' First Amended Complaint ("FAC") alleges damages resulting from the absence of insurance coverage available to defend and indemnify them from the cla...
2021.09.09 Motion to File FAC 774
Location: Sacramento
Judge: Mesiwala, Shama H
Hearing Date: 2021.09.09
Excerpt: ...s granted. In taking judicial notice of these documents, the court accepts the fact of their existence, not the truth of their contents. Trial is currently set to commence on September 21, 2021. The Court notes that a further discussion of the case can be found in the ruling on Defendant's Motion for Judgment on the Pleadings, also on today's calendar. In this action, Plaintiffs Baystone and Metro Health Systems' (“Metro") original Complaint al...
2021.09.09 Motion to Tax Costs 101
Location: Sacramento
Judge: Mesiwala, Shama H
Hearing Date: 2021.09.09
Excerpt: ...erk entered the dismissal that same day. (Register of Actions ("ROA") 199.) On July 15, 2021, Defendants filed a Memorandum of Costs seeking total costs of $2,892.25. On August 2, 2021, Intervenors filed a Motion to Tax Costs. Legal Standard Prevailing parties are “entitled as a matter of right to recover costs in any action or proceeding.” (Code Civ. Proc. § 1032(b).) The term “‘Prevailing party' includes the party with a net monetary r...
2021.09.08 Motion to Compel Further Responses 657
Location: Sacramento
Judge: Mesiwala, Shama H
Hearing Date: 2021.09.08
Excerpt: ...r past business income, future lost income, or economic damages related to alleged delay in completing the construction of the building at 9250 Big Hom Boulevard. In response to the Request for Admissions, Plaintiffs Mahmoud Khattab and Mahmoud Khattab, MD, Inc. admitted that they were not making damages claims for past income, future income, or economic damages related to delay in construction. However, Big Horn denied the Requests for Admission...
2021.09.08 Motion to Compel Further Responses 487
Location: Sacramento
Judge: Mesiwala, Shama H
Hearing Date: 2021.09.08
Excerpt: ...its employee forklift operator, negligently operated a forklift, causing a forklift load of stone slabs to fall onto Plaintiff while his truck was being loaded. Requests Nos. 11 and 12 seek policies and procedures to be followed by Defendant's employees when loading or unloading trailers on Defendant's property (No. 11) and when operating equipment, including fork‐lifts while on Defendant's property. (No. 12) Requests Nos. 16‐21 seek document...
2021.09.08 Motion for Summary Judgment, Adjudication 459
Location: Sacramento
Judge: Mesiwala, Shama H
Hearing Date: 2021.09.08
Excerpt: ...concerning the motion to amend the complaint are granted. Plaintiff in his opposition requests leave to amend if the Court is inclined to grant the motion. That request is denied as the proposed amendment does not raise a triable issue of material fact. Plaintiff's evidentiary objections are overruled and in any event the evidence objected to was not necessary to the Court's ruling. This action involves a dispute over a 1991 Buy‐Sell agreement ...
2021.09.08 Demurrer 601
Location: Sacramento
Judge: Mesiwala, Shama H
Hearing Date: 2021.09.08
Excerpt: ... 368, n. 7. Plaintiff, a retired doctor who taught English as a second language, alleges she was injured on January 6, 2020 when an extremely loud horn blast from a gold‐line SacRT light‐rail train caused abrupt loss of hearing in her right ear when she was exiting near 24 Hour Fitness at 7th Street. She alleges she has lost her hearing and was required to undergo a hip replacement when she fell after the horn blast. She contends that the hor...
2021.09.07 Motion to File FAC 927
Location: Sacramento
Judge: Mesiwala, Shama H
Hearing Date: 2021.09.07
Excerpt: ...iled their cross‐ complaint against TKE alleging causes of action for equitable and express indemnity. Cross‐complaints now seek leave to file a first amended crosscomplaint to add causes of action for breach of contract and a prayer for attorneys' fees based on a claimed failure by TKE to defend and indemnify them pursuant to a hold harmless provision in a Building Services Contract. Cross‐Complainants bring the motion pursuant to CCP § 4...
2021.09.07 Motion to Enforce Settlement 393
Location: Sacramento
Judge: Mesiwala, Shama H
Hearing Date: 2021.09.07
Excerpt: ...he opposition provides no basis to deny the instant motion. In this real property dispute, Plaintiffs seek to have judgment entered pursuant to CCP § 664.6.in accordance with the parties' settlement agreement reached after mediation and approved by all parties and their respective counsel. Plaintiffs initially filed the instant lawsuit in February 2021 in connection with their purchase of a home from Defendants, whom Plaintiffs contend are exper...
2021.09.07 Motion to Compel Request for Production of Docs 643
Location: Sacramento
Judge: Mesiwala, Shama H
Hearing Date: 2021.09.07
Excerpt: ...delivery van crashed into their vehicle. Soon Express is a Delivery Service Partner (“DSP”) of Amazon providing transportation and delivery of Amazon packages. Plaintiffs allege that Amazon is vicariously liable for their injuries. Specifically Plaintiffs claims that Soon Express was acting as Amazon's agent acting within the scope of its authority at the time of the accident and/or was Amazon's employee. At issue on this motion is a single r...
2021.09.07 Demurrer 217
Location: Sacramento
Judge: Mesiwala, Shama H
Hearing Date: 2021.09.07
Excerpt: ...d Development Center (“Case”), a state funded preschool, where Plaintiff was attending preschool. Plaintiff alleges that CDI controlled and operated the pre‐school program and that CDI negligently hired/retained Mr. Turks, despite a prior record of similar conduct at his place of prior employment and CDI's knowledge of his unfitness as an employee. The third cause of action for negligence is the only cause of action asserted against CDI. In...
2021.09.02 Motion to Seal Record 697
Location: Sacramento
Judge: Mesiwala, Shama H
Hearing Date: 2021.09.02
Excerpt: ...ing procedure and the manner to request a hearing. If moving counsel is unable to contact plaintiff prior to hearing, moving counsel is ordered to appear at the hearing via Zoom or by telephone. In this elder abuse action, Defendant moves to file the following records under seal in support of its upcoming motion for summary judgment, or in the alternative, for summary adjudication: 1) Portions of the declaration of Bruce Helberg (Helberg) filed i...
2021.09.02 Motion to File FAC 585
Location: Sacramento
Judge: Mesiwala, Shama H
Hearing Date: 2021.09.02
Excerpt: ...ael, Inc., McGregor Home Garfield, Inc., McGregor Home Rancho, Inc., and McGregor Home Mt. Vernon, Inc. on October 30, 2018. (ROA 1.) The complaint alleged 11 causes of action, including wage and hour violations and fraud. (Ibid.) Helen Yee was added as a defendant on November 5, 2018. (ROA 9.) Defendants Yee and So filed answers on December 14 and 28, 2018, respectively. (ROA, 11, 24.) Plaintiffs requested entry of default with respect to the De...
2021.09.02 Motion to Compel Further Responses 889
Location: Sacramento
Judge: Mesiwala, Shama H
Hearing Date: 2021.09.02
Excerpt: ...uest) to Defendant on March 24, 2021. (Mov. Mot. P&A, p. 3.) On April 27, 2021, Plaintiff's counsel was emailed a proposed Stipulation and Protective Order concerning the handling of documents designated as confidential materials responsive to the Request. (Ibid.) Defendant served a response to the Request on April 28, 2021. (Ibid.) Plaintiff argues that response failed to comply with Code of Civil Procedure § 2031.280 (§ 2031.280) and the Stip...

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