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Location: Sacramento x
Judge: Mesiwala, Shama H x
2022.01.05 Motion to Compel Further Responses 477
Location: Sacramento
Judge: Mesiwala, Shama H
Hearing Date: 2022.01.05
Excerpt: ... two; and request for production of documents, set four. Following the Court's order to meet and confer, Defendant SMF agreed to provide further responses to form interrogatories, set two, no. 17.1 and request for production of documents, set four, no. 53 for all requests for admission. The parties have resolved their dispute as to request for admissions, set one, no. 6, and the corresponding form interrogatory, set two, no. 17.1, and request for...
2022.01.05 Motion for Relief from Judgment on the Pleadings 519
Location: Sacramento
Judge: Mesiwala, Shama H
Hearing Date: 2022.01.05
Excerpt: ...ted, on the grounds that his attorney Jan Dudensing did mistakenly fail to respond to any of the papers served by the defense because they were only email served to an old and unmonitored email address, without any mail‐service copies to calendaring staff due to an emergency local rule put in place to halt the spread of the global pandemic.” The notice of motion does not specify the date order the order from which Plaintiffs seek relief. The ...
2022.01.05 Motion for Summary Judgment, Adjudication 299
Location: Sacramento
Judge: Mesiwala, Shama H
Hearing Date: 2022.01.05
Excerpt: ...Plaintiff's favor (first cause of action for malicious prosecution); and (2) Association had probable cause to file its complaint (first cause of action for malicious prosecution). Defendants allege that the undisputed facts demonstrate that the underlying complaint to Plaintiff's cause of action for malicious prosecution was not terminated in Plaintiff's favor, was brought with probable cause, and was not initiated with malice. Defendants allege...
2022.01.05 Motion for Summary Adjudication 850
Location: Sacramento
Judge: Mesiwala, Shama H
Hearing Date: 2022.01.05
Excerpt: ...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). Defendant Perdue Foods, LLC's (“Perdue”) motion for summary adjudication of Plaintiff's second, third and fourth cause of action is ruled upon as follows. Preliminary Matters Perdue's counsel failed to co...
2022.01.05 Motion for Summary Judgment, Adjudication 255
Location: Sacramento
Judge: Mesiwala, Shama H
Hearing Date: 2022.01.05
Excerpt: ...ard of care at all times, and that Plaintiff Teresa Dodge's loss of consortium claim is derivative of Plaintiff Mark Dodge's alleged medical malpractice cause of action and therefore must also fail. 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. ...
2022.01.04 Motion for Summary Judgment, Adjudication 622
Location: Sacramento
Judge: Mesiwala, Shama H
Hearing Date: 2022.01.04
Excerpt: ... employment with Mercy as its Associate Vice President in its Administration Department. Plaintiff contends he was wrongfully terminated while taking protected medical leave and that defendant failed to engage in the interactive process with regard to accommodating plaintiff so that he could extend his medical leave for three additional months. Defendant seeks summary adjudication of the following issues: Issue One: Plaintiffs First Cause of Acti...
2022.01.04 Demurrers, Motion to Strike 467
Location: Sacramento
Judge: Mesiwala, Shama H
Hearing Date: 2022.01.04
Excerpt: ... and American Specialty Healthcare Inc.'s demurrer is entitled "Opposition to Central Valley Specialty Hospital's Demurrer." The FAC alleges claims for dependant/ elder abuse, fraud, and wrongful death arising out of the care and treatment of decedent Ronald Bingham. Hospital contends that all causes of action except wrongful death fail to state facts sufficient to constitute a cause of action and are uncertain. CCP 430.10(e) and (f). Allegations...
2021.12.22 Motion to Quash Deposition Subpoena 849
Location: Sacramento
Judge: Mesiwala, Shama H
Hearing Date: 2021.12.22
Excerpt: ...ruck. While Plaintiff was under the trailer, Defendant Ion Sribu allegedly started the truck and almost ran Plaintiff over, causing injury to Plaintiff. Defendant Ion Sribu was allegedly acting within the scope of his employment as a truck driver for Defendant TWT Express, which is owned by Victor Tigan. (Compl. ¶ 10.) The incident allegedly occurred on or about June 19, 2018. On November 5, 2021, Plaintiff issued a deposition subpoena to the De...
2021.12.22 Motion to Compel Provision of Executed Authorizations 973
Location: Sacramento
Judge: Mesiwala, Shama H
Hearing Date: 2021.12.22
Excerpt: ... alleges causes of action for negligence, strict liability (failure to warn), strict liability (design defect), fraudulent concealment, and breach of implied warranties. He alleges that he was diagnosed with Chronic Myelogenic Leukemia ("CML") in 2000. He alleges that the defendants' products caused his disease. Mr. Villanueva's wife, Seanne Villanueva, alleges a cause of action for loss of consortium. In this action, “[i]n order to investigate...
2021.12.22 Motion for Summary Judgment 803
Location: Sacramento
Judge: Mesiwala, Shama H
Hearing Date: 2021.12.22
Excerpt: ...e pleading alleges one cause of action for subrogation: “the insured had a policy of insurance with Plaintiff covering the damages which are the subject of this action. As required by both the policy and Plaintiffs duty of good faith and fair dealing with its insured, Plaintiff investigated the loss, determined it was covered and paid the claim. The total loss was $28,906.17. Plaintiff now seeks subrogation of its payment (and recovery of any u...
2021.12.22 Demurrer 577
Location: Sacramento
Judge: Mesiwala, Shama H
Hearing Date: 2021.12.22
Excerpt: ...ervices of Defendant “to amend as Settlor the Ruzir Family Trust” and to represent her in regards to the estate of Plaintiff's father Peter G. Ruzir, Jr. who died on July 24, 2010. (FAC, ¶ 10.) Decedent instructed Defendant that it was her intention to benefit Plaintiff “by the transfer of Decedent's remaining trust property by her named Successor Trustee, Judy Martin [“Martin,” Decedent's niece], of her revocable living trust.” (Id....
2021.12.22 Demurrer 297
Location: Sacramento
Judge: Mesiwala, Shama H
Hearing Date: 2021.12.22
Excerpt: ...l 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 ID is: 841 204 6267. To appear on Zoom by phone...
2021.12.21 Demurrer 719
Location: Sacramento
Judge: Mesiwala, Shama H
Hearing Date: 2021.12.21
Excerpt: ...fendant violated various provisions of the Labor Code and certain Wage Orders by failing to pay overtime, failing to provide meal and rest periods, failing to pay minimum wages, failing to pay wages upon termination, failing to timely pay wages during employment, failing to provide complete and accurate wage statements and pay records, and failing to reimburse necessary business expenses. (ROA 1) There are no other allegations in the complaint. P...
2021.12.21 Motion to Strike SLAPP 583
Location: Sacramento
Judge: Mesiwala, Shama H
Hearing Date: 2021.12.21
Excerpt: ... Plaintiff alleges causes of action under FEHA for disability discrimination, failure to accommodate, failure to engage in the interactive process, retaliation and failure to prevent discrimination, harassment and retaliation. She also alleges a cause of action for wrongful termination in violation of public policy and defamation. Plaintiff alleges that she had been employed for over ten years and was Defendant's preschool director. She alleges t...
2021.12.16 Motion to Strike Improper Supplemental Expert Designation 129
Location: Sacramento
Judge: Mesiwala, Shama H
Hearing Date: 2021.12.16
Excerpt: ...they should have designated on the initial designation on a topic reasonably anticipated to be in dispute. The motion is ruled on as follows. This action arises from a dog bite incident involving Plaintiff Arianna Hedding‐Kelton at the home of Defendants Oscar and Monica Madrigal. Pursuant to Code of Civil Procedure section 436, a court may “[s]trike out any irrelevant, false, or improper matter inserted in any pleading” as well as “all o...
2021.12.16 Motion for Summary Judgment 905
Location: Sacramento
Judge: Mesiwala, Shama H
Hearing Date: 2021.12.16
Excerpt: ...amended complaint, which warrants summary judgment on the first cause of action for dangerous condition of public property pursuant to Government Code section 835. Defendant contends that, since Plaintiffs cannot establish liability pursuant to Government Code section 835, the second cause of action for liability pursuant to loss of consortium/negligent infliction of emotional distress warrants summary judgment. Legal Standard In evaluating a mot...
2021.12.16 Demurrer 637
Location: Sacramento
Judge: Mesiwala, Shama H
Hearing Date: 2021.12.16
Excerpt: ...entative 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). Defendants' request for judicial notice is granted. Defendants general demur to Plaintiff's SAC, consisting of Plaintiff's first cause of action for violation of the Unruh Civil Rights Act and second cause of action for violation of Civil Code section 51.5, on grounds ...
2021.12.16 Motion to Vacate All Filings and Standing of Judgment Creditor 159
Location: Sacramento
Judge: Mesiwala, Shama H
Hearing Date: 2021.12.16
Excerpt: ...r, alternatively, to declare all renewals invalid as renewals were of the wrong judgment is ruled on as follows. Judicial Notice Harrison's Request for Judicial Notice (“Harrison RJN”) and Rushing's Request for Judicial Notice ("Rushing RJN") of documents in the Court's file, including Harrison's Request for Judicial Notice of the Register of Actions in this case, are GRANTED. In taking judicial notice of these documents, the Court accepts th...
2021.12.15 Motion to Strike (SLAPP) 791
Location: Sacramento
Judge: Mesiwala, Shama H
Hearing Date: 2021.12.15
Excerpt: ...the Elk Grove Tribune and the owner of the internet blog Chronicles Blog & Adoption Ministry. (Complaint, ¶ 6.) The Elk Grove Tribune is an internet‐based news publication and a resource for local and community news, community events, and support for local businesses. (Id., ¶ 7.) Defendant is a former writer for the Elk Grove Tribune who ceased contributing content to the publication on July 22, 2020. (Id., ¶ 8.) On September 2, 2020, Plaint...
2021.12.15 Motion to Compel Responses 089
Location: Sacramento
Judge: Mesiwala, Shama H
Hearing Date: 2021.12.15
Excerpt: ...ding anti‐aging procedures such as botox fillers and laser treatments. (Complaint, ¶ 13.) Beginning around 2016, Defendant asked Plaintiff if he would like to enter into a business arrangement with her, an opportunity Plaintiff rejected. (Id., ¶ 15.) In March 2017, Defendant informed Plaintiff that her business was failing and inquired into Plaintiff's desire to assume her office space lease. (Id., ¶ 16.) Induced by Defendant's assurances to...
2021.12.15 Motion to Compel Further Responses, for Terminating Sanctions 213
Location: Sacramento
Judge: Mesiwala, Shama H
Hearing Date: 2021.12.15
Excerpt: ...on arises from a business partnership dispute involving 8 real estate projects in Sacramento County. Plaintiffs Ericson Real Estate LLC, Scott Ericson (“Mr. Ericson”), and Trisha Ericson (collectively “Plaintiffs”) allege that Defendants 3 Point, Chris MacPhail (“Mr. MacPhail”), and Dorothy MacPhail surreptitiously took profits belonging to the partnership for their own personal gain. Among other things, Plaintiffs allege that the Mac...
2021.12.15 Motion for Summary Judgment, Adjudication 097
Location: Sacramento
Judge: Mesiwala, Shama H
Hearing Date: 2021.12.15
Excerpt: ...t employee and thus violated certain Wage Orders and the Labor Code by, for example, failing to provide itemized wage statements, pay overtime, provide meal and rest breaks, and more. Plaintiff moves for summary adjudication of Defendant's tenth affirmative defense in Defendant's answer to Plaintiff's First Amended Complaint (“FAC”). Plaintiff asserts that Defendant's tenth affirmative defense to Plaintiff's FAC fails to allege a valid defens...
2021.12.15 Motion for Preliminary Approval of Class Action Settlement 761
Location: Sacramento
Judge: Mesiwala, Shama H
Hearing Date: 2021.12.15
Excerpt: ...painting and wall‐covering contractor. (Complaint, ¶ 6.) According to Plaintiff's Complaint, Plaintiff and other non‐exempt employees for Defendant were responsible for all aspects of painting and wall covering services according to work order and safety standards. (Id., ¶ 10.) Plaintiff alleges that Defendant failed to provide accurate written wage statements (id., ¶¶ 24‐28), failed to reimburse necessary business expenses (id., ¶¶ 2...
2021.12.15 Demurrers, Motion to Strike 345
Location: Sacramento
Judge: Mesiwala, Shama H
Hearing Date: 2021.12.15
Excerpt: ...ird Amended Complaint (“Amended Complaint” or “TAC”), Defendant Condie (“Condie”) is a real estate agent who was employed by Defendant H and M Re Holdings, Inc. DBA New Vision Realty Group (“New Vision”). (TAC, ¶¶ 7, 8.) United Global LLC is a limited liability company, managed and indirectly owned by Mark Evans (“Mr. Evans”) and Renee Evans (“Mrs. Evans”). (Id., ¶ 2.) On February 16, 2016, Condie assisted Defendant Uni...
2021.12.15 Demurrer to SAC 019
Location: Sacramento
Judge: Mesiwala, Shama H
Hearing Date: 2021.12.15
Excerpt: ...eorge Ben Godinez (“Plaintiff”) is an insurance salesman who worked for Defendants. He alleges that Defendants failed to properly compensate him. (See generally, Second Amended Complaint, “SAC”.) The SAC asserts causes of action for: (1) Breach of Contract, (2) Defamation, (3) Tortious Interference with Business Relationship, (4) Intentional Interference with Prospective Economic Relations, (5) Negligent Interference with Prospective Econ...
2021.12.14 Demurrer 749
Location: Sacramento
Judge: Mesiwala, Shama H
Hearing Date: 2021.12.14
Excerpt: ...laintiff alleges only one claim for premises liability against Eskaton. The claim arises out of plaintiff's transport on premises owned by moving defendant. Plaintiff alleges she incurred injuries as a result of Co‐ defendant Falck paramedics dropping her during transport due to the alleged failure to use a four‐ person transfer. The allegations that the incident occurred in Eskaton's parking lot do not connect the injury to Eskaton's Defenda...
2021.12.14 Petition to Vacate Contractual Arbitration Award 603
Location: Sacramento
Judge: Mesiwala, Shama H
Hearing Date: 2021.12.14
Excerpt: ...order after final judgment, is made that is appealable under this title. Pursuant to CCP 632, the request for a statement of decision shall specify those controverted issues as to which the party is requesting a statement of decision. The request filed by petitioner did not specify the controverted issues of fact that on which petitioner seeks a statement of decision. On or about August 19, 2015, Hilbers and Roofco entered into a written subcontr...
2021.12.14 Motion for Attorney Fees 512
Location: Sacramento
Judge: Mesiwala, Shama H
Hearing Date: 2021.12.14
Excerpt: ...aw action pursuant to an accepted California Code of Civil Procedure § 998 offer and the Song‐Beverly Consumer Warranty Act ("SBA"), Cal. Civ. Code § 1794(d). Plaintiff requests an Order awarding attorneys' fees, costs, and expenses in the total amount of $39,480.44. This amount consists of (1) $25,551.50 in attorney fees for Strategic Legal Practices, APC ("SLP"); (2) a 1.35 multiplier enhancement on the attorney fees (or $8,943.03); (3) $1,...
2021.12.14 Motion to Compel Further Responses 896
Location: Sacramento
Judge: Mesiwala, Shama H
Hearing Date: 2021.12.14
Excerpt: ...2018, Defendant conducted a workplace investigation following Plaintiff's complaints. (Grunwald Decl., p. 1, ¶3.). Plaintiff seeks unredacted documents concerning the investigative report prepared by a third party investigative law firm on behalf of Defendant CADA as well as other investigation‐related documents. (Ibid.) Plaintiff seeks an order compelling further responses to Requests for Production Nos. 1‐6 from defendant. The responses to...
2021.12.09 Petition to Vacate Contractual Arbitration Award 289
Location: Sacramento
Judge: Mesiwala, Shama H
Hearing Date: 2021.12.09
Excerpt: ...on was conducted pursuant to a Memorandum of Understanding (“MOU”) between Respondent and Doe 1. The arbitration consisted of Doe 2's appeal of his termination from his employment with Respondent. Respondent terminated Doe 2 following an investigation which led to 23 sustained allegations of violating criminal statues and more. (Tyra Decl. ¶ 5, Exh. B.) The Arbitrator was mutually selected by the parties pursuant to the MOU. (Id. ¶ 10.) The...
2021.12.09 Motion to Compel Further Responses 657
Location: Sacramento
Judge: Mesiwala, Shama H
Hearing Date: 2021.12.09
Excerpt: ...h Plaintiff Mahmoud Khattab. M.D. (“Dr. Khattab”) and Plaintiff 9250 Big Horn Holdings, LLC (“Big Horn”) entered into a construction agreement with Defendants and Sheba Construction, Inc. (“Sheba Construction”), whereby Defendant would serve as the project developer for the building's construction and Sheba Construction would act as the general contractor. The instant motion concerns a subpoena issued by Plaintiffs to non‐party Ibra...
2021.12.09 Motion for Summary Judgment, Adjudication 829
Location: Sacramento
Judge: Mesiwala, Shama H
Hearing Date: 2021.12.09
Excerpt: ...e per se. Plaintiff alleges that on August 8, 2017, she was attacked by a dog owned by Defendants while the dog was being walked in her neighborhood. She alleges that Defendants were aware that the dog was vicious. In evaluating a motion for summary judgment or summary adjudication the Court engages in a three step process. First, the Court identifies the issues framed by the pleadings. The pleadings define the scope of the issues on a motion for...
2021.12.09 Demurrer 749
Location: Sacramento
Judge: Mesiwala, Shama H
Hearing Date: 2021.12.09
Excerpt: ... a double amputee living at Eskaton Care Center. (SAC ¶ 4.) She alleges that on December 29, 2017, she was scheduled to be transported to Kaiser for a medical appointment. Plaintiff alleges that she is unable to self‐ambulate and requires assisted transportation to and from the care facility. (Id.) Plaintiff alleges that Defendants Care Ambulance and/or Falck Northern California Corp. were the usual carrier for her transportation. (Id. ¶ 5.) ...
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 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...
2021.12.07 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 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 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. ...
2021.12.02 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 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. (...
2021.12.01 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 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 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 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, ...
2021.11.30 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...

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