Search by Keyword:
Start Date:
End Date:
Tip: Wrap text in quotation marks when searching for phrases (e.g. "motion to dismiss").

632 Results

Clear Search Parameters x
Location: Sacramento x
Judge: Mesiwala, Shama H x
2021.02.24 Motion to Set Aside Civil Law and Motion 591
Location: Sacramento
Judge: Mesiwala, Shama H
Hearing Date: 2021.02.24
Excerpt: ...st 29, 2016, alleging medical malpractice. (See ROA 1.) The proof of service filed by Plaintiff Alan Penan states that Defendant was served with the summons and complaint via personal service on April 19, 2017. (See ROA 108.) The address for service was 6533 Melrose Drive, North Highlands, California 95660. (See id.) Service was effectuated by a registered process server. (See id.) Defendant Molina's default was entered on September 25, 2020. (Se...
2021.02.24 Motion to Compel Site Inspection 969
Location: Sacramento
Judge: Mesiwala, Shama H
Hearing Date: 2021.02.24
Excerpt: ... the property owned by Plaintiffs which is the subject of the instant litigation, located at 8106 Stevenson Avenue, Sacramento, California (“Subject Property”). Defendant asks for sanctions against Plaintiffs and their counsel for their willful prevention of the site inspection being held on January 21, 2021, the date specified in the Demand for Site Inspection. Defendant contends it must obtain access to the property to evaluate the conditio...
2021.02.24 Motion for Summary Judgment, Adjudication 641
Location: Sacramento
Judge: Mesiwala, Shama H
Hearing Date: 2021.02.24
Excerpt: ...ide notice of the Court's tentative ruling system as required by Local Rule 1.06(D). Defendants are ordered to notify Plaintiffs immediately of the tentative ruling system and to be available at the hearing, via Zoom or CourtCall, in the event Plaintiffs appear without following the procedures set forth in Local Rule 1.06(B). This case arises from the medical treatment of sixteen year‐old decedent Alejandro Perez (“Decedent”). Decedent, who...
2021.02.24 Motion for Reconsideration 139
Location: Sacramento
Judge: Mesiwala, Shama H
Hearing Date: 2021.02.24
Excerpt: ...suant to Code of Civil Procedure section 1030. (See ROA 23.) The order on the motion was entered on November 16, 2020 (see ROA 27), and the notice of entry of order was filed on November 20, 2020, showing electronic service on November 9, 2020 (see ROA 28). Plaintiff was ordered to file the undertaking within 30 days of service of the order granting Defendant's motion. Code of Civil Procedure section 1030(d) provides: “The plaintiff shall file ...
2021.02.24 Demurrer 099
Location: Sacramento
Judge: Mesiwala, Shama H
Hearing Date: 2021.02.24
Excerpt: ...d language above), to participate in oral argument on the continuance date. Defendant California Department of Corrections (“CDCR”) demurs to Plaintiff Monrell D. Murphy's complaint. The demurrer is ruled on as follows. Plaintiff sued CDCR alleging a cause of action for general negligence in connection with alleged sexual assault allegations arising at California State Prison, Los Angeles. Defendant alleges (1) it is immune from suit pursuant...
2021.02.24 Motion to Quash Service of Summons 128
Location: Sacramento
Judge: Mesiwala, Shama H
Hearing Date: 2021.02.24
Excerpt: ...iation for demanding wages due to wrongful termination, defamation, assault, and battery. Plaintiff alleges that Defendant ISS Facility Services, Inc. (“ISS”) was his employer. Plaintiff also “sues fictitious defendants Does 1 through 50 . . . because their names and/or capacities and/or facts showing them liable are not known presently.” (FAC ¶ 5.) Defendant alleges the Doe Defendants were “the agent and/or employee of every other def...
2021.02.23 Motion to Approve PAGA Settlement 615
Location: Sacramento
Judge: Mesiwala, Shama H
Hearing Date: 2021.02.23
Excerpt: ...tuated individuals who have or continue to work for Defendant Maita Enterprises, Inc. in California at any time within one year prior to November 19, 2019. The PAGA claims were premised on the alleged failure to pay overtime wages, failure to provide meal and rest periods, failure to provide accurate wage statements, failure to pay final wages, failure to keep accurate time records, and failure to reimburse necessary business expenses. The PAGA s...
2021.02.23 Motion for Summary Judgment, Adjudication 103
Location: Sacramento
Judge: Mesiwala, Shama H
Hearing Date: 2021.02.23
Excerpt: ...f good faith and fair dealing (insurance 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 un...
2021.02.23 Motion for Summary Judgment, Adjudication 749
Location: Sacramento
Judge: Mesiwala, Shama H
Hearing Date: 2021.02.23
Excerpt: ...tment for pneumonia that he received at Sutter Roseville Medical Center in October 2017. He alleges that Defendant's negligence resulted in him suffering a stroke and post‐stroke disabilities. Defendant's separate statement includes the following: Plaintiff presented to the Emergency Department on Marin General Hospital on September 3, 2017. (UMF 1) On October 11, 2017, plaintiff was admitted to St. Helena Hospital Clearlake with a diagnosis of...
2021.02.23 Motion for Summary Judgment, Adjudication 377
Location: Sacramento
Judge: Mesiwala, Shama H
Hearing Date: 2021.02.23
Excerpt: ...ce at her property located at 3071 E.Curtis Drive in Sacramento (“Property”). It alleges that Defendant unlawfully installed a hot tub in her front yard and constructed a masonry wall without obtaining the necessary permits. Plaintiff alleges four public nuisance causes of action for violation of Civil Code §§ 3479, 3480 and various provision on the Sacramento City Code. Plaintiff now moves for summary judgment on the basis that Defendant f...
2021.02.23 Motion to Compel Further Responses 339
Location: Sacramento
Judge: Mesiwala, Shama H
Hearing Date: 2021.02.23
Excerpt: ...lowing for a percentage of the gross recovery and also provided her a charging lien for any sums owing for unpaid fees and costs. Ms. Palmieri alleges that she associated with Defendants in June 2016 and recommended that Ms. Gilliland follow her. She alleges that Defendants agreed to a division of fees pursuant to which Ms. Palmieri would be paid a minimum of 20%. She alleges that she ultimately agreed to employment with the United Law Center bas...
2021.02.23 Motion to Strike 215
Location: Sacramento
Judge: Mesiwala, Shama H
Hearing Date: 2021.02.23
Excerpt: ...g to Defendants, because they had filed their answer, Plaintiff no longer was able to file an amended complaint as a matter of right pursuant to CCP § 472. The first amended complaint only added a single cause of action seeking penalties pursuant to Labor Code § 2698 et seq. (Private Attorneys General Act of 2004 [“PAGA”].) PAGA allows aggrieved employees to bring civil actions to recover civil penalties for violations of the Labor Code aft...
2021.02.23 Motion to Vacate Default Judgment 015
Location: Sacramento
Judge: Mesiwala, Shama H
Hearing Date: 2021.02.23
Excerpt: ... Management until is dissolved in November 2020. Defendants argue that they were never served with the complaint and did not discover the existence of this action until December 7, 2020 when Defendant Timofey's bank accounts were levied upon. They argue that Plaintiff PNC Equipment Finance served them by way of substitute service at 2721 Grove Avenue in Sacramento despite the fact that Defendant Timofey has not resided at that address since 2014....
2021.02.23 Petition to Compel Arbitration 907
Location: Sacramento
Judge: Mesiwala, Shama H
Hearing Date: 2021.02.23
Excerpt: ...the care he received at the Woodland Skilled Nursing Facility. The Decedent alleges causes of action for elder abuse and violation of the Patients' Bill of Rights (Health & Safety Code § 1430). Plaintiffs Geraldine Taylor, Diane Hohn and Thomas Taylor assert causes of action for negligent infliction of emotional distress and wrongful death. Defendants seek to compel the dispute to arbitration pursuant to an Arbitration Agreement signed by Diane ...
2021.02.18 Motion to Expunge Lis Pendens 641
Location: Sacramento
Judge: Mesiwala, Shama H
Hearing Date: 2021.02.18
Excerpt: ...o expunge is made on the ground that Theis's Amended Cross‐Complaint does not contain a cause of action which would, if meritorious, affect Theis's title or possession of specific real property, and that the lis pendens is void because Theis failed to comply with the service requirements. Plaintiffs Batchelor and Edward Tillman, LLC ("Plaintiffs") filed a complaint against Theis and Andreas Rodriguez ("Defendants") in June 2020, alleging nine c...
2021.02.18 Motion for Final Approval of Class Action Settlement 659
Location: Sacramento
Judge: Mesiwala, Shama H
Hearing Date: 2021.02.18
Excerpt: ...e 3.769 (g).) A presumption of fairness exists where: (1) the settlement is reached through arm's‐length 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 supra, § 11.41, pp. 11‐91.) On December 3, 2020, the court preliminarily approved the set...
2021.02.18 Demurrer 151
Location: Sacramento
Judge: Mesiwala, Shama H
Hearing Date: 2021.02.18
Excerpt: ...ained with leave to amend for failure to state facts sufficient to constitute a cause of action. Defendant's Request for Judicial Notice is granted. Plaintiff alleges causes of action for professional negligence, breach of contract, and breach of fiduciary duty arising out of defendant's representation of plaintiff as a courtappointed public defender in the underlying criminal case, Sacramento County Superior Court Case No. 99F09138. Plaintiff al...
2021.02.17 Motion to Quash Subpoena, to Compel Responses, to Disqualify Counsel 641
Location: Sacramento
Judge: Mesiwala, Shama H
Hearing Date: 2021.02.17
Excerpt: ...t request for reasonable expenses including attorney's fees pursuant to Code of Civil Procedure section 1987.2(a) against plaintiff and cross‐defendant George S. Batchelor (“Batchelor”) and his counsel in the amount of $3,060 (or $7,200) is DENIED. Theis' concurrent request for a protective order prohibiting the production of private personal and financial information contained in the subpoenaed records is DENIED. Batchelor's defensive requ...
2021.02.17 Motion to Compel Answers, to Deem Matters Admitted 229
Location: Sacramento
Judge: Mesiwala, Shama H
Hearing Date: 2021.02.17
Excerpt: ...ent requests for sanctions are denied. The statutory bases of Champ's motion are not clear from its moving papers. Champ's motion cites 2030.010, et seq., [i.e. Code of Civil Procedure, part 4, title 4, chap. 13, Art. 1 consisting of sections 2030.010 to 2030.090] and specifically cites Section 2030.090(d). The series of statutes cited by Champ describe only the general rules for propounding written interrogatories. And Section 2030.090(d) provid...
2021.02.17 Motion for Final Approval of Class Action Settlement 363
Location: Sacramento
Judge: Mesiwala, Shama H
Hearing Date: 2021.02.17
Excerpt: ...the Court shall conduct 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, Newb...
2021.02.17 Demurrer, Motion for Judgment on the Pleadings 813
Location: Sacramento
Judge: Mesiwala, Shama H
Hearing Date: 2021.02.17
Excerpt: ...Council 16 Internat. Union of Painters & Allied Trades (2015) 234 Cal.App.4th 524, 535.) However, the Court notes that the governmental suggestion form subject to the request states that it was revised “10/2019,” and consists of at least two pages with instructions on the back and attached program rules on another page. Shah alleges he submitted the suggestions at issue in the SAC in 2006 and 2007, and the other referenced pages are not provi...
2021.02.16 Motion to Strike 249
Location: Sacramento
Judge: Mesiwala, Shama H
Hearing Date: 2021.02.16
Excerpt: ...icient to support Plaintiff's prayer for punitive damages and/or attorney's fees. Legal Standard A motion to strike challenges portions of a complaint that are substantively defective on the face of the complaint. (PH II, Inc. v. Superior Court (1995) 33 Cal.App.4th 1680, 1682‐1683; see also Code Civ. Proc. § 437.) The Court does not consider extrinsic evidence in considering the motion. More specifically, a motion to strike should be granted ...
2021.02.16 Motion to Set Aside Default 591
Location: Sacramento
Judge: Mesiwala, Shama H
Hearing Date: 2021.02.16
Excerpt: ...endant was served with the summons and complaint via personal service on April 19, 2017. (See ROA 108.) The address for service was 6533 Melrose Drive, North Highlands, California 95660. (See id.) Service was effectuated by a registered process server. (See id.) Defendant Molina's default was entered on September 25, 2020. (See ROA 133.) In support of the instant motion, Defendant filed a declaration stating he was never served with any document ...
2021.02.16 Motion for Summary Judgment, Adjudication 487
Location: Sacramento
Judge: Mesiwala, Shama H
Hearing Date: 2021.02.16
Excerpt: ...d the complaint on October 13, 2018, alleging causes of action for (1) Uniform Controlled Substances Abatement Act, Health & Safety Code § 11570, et seq.; (2) public nuisance, Civil Code §§ 3479, 3480; (3) social nuisance, Sacramento City Code Chapter § 8.08.080; and (4) unlawful cultivation of cannabis, Sacramento City Code Chapter § 8.132. (ROA 1.) On December 1, 2020, Plaintiffs dismissed the second and third causes of action. (ROA 60.) P...
2021.02.16 Demurrer, Motion for Attorney Fees 989
Location: Sacramento
Judge: Mesiwala, Shama H
Hearing Date: 2021.02.16
Excerpt: ...under Business & Professions Code § 17200, et seq. Defendant specifically demurs to the complaint on the following grounds: (1) the first cause of action for legal malpractice fails to state facts sufficient to constitute a cause of action because Plaintiffs have not filed within the statute of limitations; (2) the second cause of action for negligence fails to state facts sufficient to constitute a cause of action because Plaintiffs have not fi...

632 Results

Per page

Pages