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Location: Sacramento x
Judge: Sueyoshi, Richard K x
2022.06.16 Motion to Dismimss for Failure to Bring to Trial in Two Years 305
Location: Sacramento
Judge: Sueyoshi, Richard K
Hearing Date: 2022.06.16
Excerpt: ...or Dept. 53/54. Although the notice of motion provided notice of the Court's tentative ruling system as required by Local Rule 1.06(D), the notice does not comply with that rule. Moving counsel is directed to review the Local Rules, effective 1/1/2022. Moving counsel failed to comply with CRC Rule 3.1110(b)(3)‐(4). This action arises out of a motor vehicle accident. Plaintiff filed her complaint on 8/6/2019 and defendant filed his answer on 10/...
2022.06.16 Motion to Compel Further Responses 268
Location: Sacramento
Judge: Sueyoshi, Richard K
Hearing Date: 2022.06.16
Excerpt: ... County of Sacramento, which began in 2005 and ended in 2018. The operative complaint alleges causes of action for discrimination (race, gender and disability), retaliation, failure to prevent discrimination and retaliation, failure to accommodate, failure to engage in the interactive process, and interference with rights under the California Family Rights Act (“CFRA”). Plaintiff propounded a variety of written discovery requests to defendant...
2022.06.16 Motion for Summary Judgment, Adjudication 733
Location: Sacramento
Judge: Sueyoshi, Richard K
Hearing Date: 2022.06.16
Excerpt: ...AC”) is ruled upon as follows: Background As pertinent to Civic and Plaintiff, this action arises from a November 15, 2017 loan provided by Civic in the amount of $342,750 in Aretha Johnson's name, evidenced by a promissory note (the “Note”) and secured by a deed of trust (the “DOT”) naming the real property located at 7050 Cromwell Way, Sacramento, CA 95822 (the “Cromwell Property”) as collateral. (UMF Nos. 1‐2.) Plaintiff conten...
2022.06.16 Motion for Judgment on the Pleadings 871
Location: Sacramento
Judge: Sueyoshi, Richard K
Hearing Date: 2022.06.16
Excerpt: ... 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 telephone. DEFENDANT'S REQUESTS FOR JUDICIAL NOTICE: 1. Plaintiff's Complaint ‐ Unopposed and GRANTED. In taking judicial notice of the Complaint in this matter, the Court accepts the fact of its existence, not the truth of its contents. (See Professional Engineers v. Dep't of ...
2022.06.15 Motion to Set Aside Default, Judgment 241
Location: Sacramento
Judge: Sueyoshi, Richard K
Hearing Date: 2022.06.15
Excerpt: ...s were killed in an accident. A truck owned by Defendants collided with the automobile plaintiffs' parents were driving. Defendants move to set aside a default and default judgment pursuant to CCP § 473 (b). Essentially, Defendants maintain they forwarded Plaintiffs complaint to their insurance carrier for handling. They then learned in February 2022 that coverage would not be available. They attempted to file an answer, but the answer was rejec...
2022.06.15 Motion to Compel Further Responses 673
Location: Sacramento
Judge: Sueyoshi, Richard K
Hearing Date: 2022.06.15
Excerpt: ...aled the penalty through the City's administrative process contending that the plants belonged to their tenants. On March 31, 2019, a hearing examiner issued a decision upholding the penalty, but reducing the amount to $35,000. On July 2, 2019, Plaintiffs filed an appeal in this Court pursuant to Government Code § 53069.4(b)(1) which provides for a trial de novo. On October 21, 2019, the Court (Judge Laurie Earl) found that the Court had no auth...
2022.06.15 Motion to Compel Binding Arbitration 501
Location: Sacramento
Judge: Sueyoshi, Richard K
Hearing Date: 2022.06.15
Excerpt: ...aintiffs allege causes of action against Defendant for breach of warranties under the Song‐Beverly Act and for violation of Business and Professions Code § 17200. Defendant moves to compel Plaintiffs' claims against it to arbitration pursuant to an arbitration provision located in Retail Installment Sales Agreement (“RISC”) Plaintiffs signed when they purchased the vehicle. The subject provision requires arbitration of “[a]ny claim or di...
2022.06.15 Motion for Preliminary Approval of Class Action Settlement 929
Location: Sacramento
Judge: Sueyoshi, Richard K
Hearing Date: 2022.06.15
Excerpt: ... 220 Cal. App.3d 1117, 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 revie...
2022.06.15 Motion for Judgment on the Pleadings 561
Location: Sacramento
Judge: Sueyoshi, Richard K
Hearing Date: 2022.06.15
Excerpt: ...nd considered the supplemental declaration filed by Brian Galetta (Metro's president, director and officer)on June 10, 2022, indicating that Metro was still engaging in efforts to restore its corporate status. However, Metro has not yet done so despite having been multiple continuances. As a result, Metro is not permitted to oppose the instant motion. However, Metro and Brian Galetta filed a joint opposition and thus the Court considers that oppo...
2022.06.14 Motion for Preliminary Approval of Class Action and PAGA Settlement 049
Location: Sacramento
Judge: Sueyoshi, Richard K
Hearing Date: 2022.06.14
Excerpt: ... action brought by Plaintiffs on behalf of similarly situated individuals. The operative First Amended Complaint alleges causes of action for: (1) failure to pay overtime wages; (2) failure to pay minimum wages; (3) meal period violations; (4) rest period violations; (5) wage statement violations; (6) waiting time penalties; (7) failure to reimburse business expenses; (8) unfair competition; and (9) PAGA. The parties have engaged in formal and in...
2022.06.14 Motion for Preliminary Approval of Class Action Settlement 979
Location: Sacramento
Judge: Sueyoshi, Richard K
Hearing Date: 2022.06.14
Excerpt: ...onsidered this matter at a hearing on May 3, 2022. In its ruling, the Court identified concerns regarding the proposed First Amended Complaint (“FAC”) and the sufficiency of the evidence regarding notice to the LWDA. The hearing was continued to permit Plaintiff to submit additional evidence and argument to address the Court's concerns. Having considered the original papers along with the supplemental evidence and argument, the Court now rule...
2022.06.14 Motion to Compel Further Deposition 839
Location: Sacramento
Judge: Sueyoshi, Richard K
Hearing Date: 2022.06.14
Excerpt: ...laintiff's acquisition and failed to disclose these defects to plaintiff. Plaintiff's complaint asserts that defendants including FCA committed fraud by omission and various violations of the Song‐Beverly Consumer Warranty Act. No trial date has been set. On March 18, 2022, Plaintiff filed the instant motion to compel Defendant to produce a person most qualified for deposition as to 83 different categories. In opposition, Defendant indicated th...
2022.06.14 Motion to Enforce Settlement 011
Location: Sacramento
Judge: Sueyoshi, Richard K
Hearing Date: 2022.06.14
Excerpt: ...he court, upon motion, may enter judgment pursuant to the terms of the settlement.” (Code Civ. Proc. § 664.6(a).) In support of its motion, Plaintiff submits evidence the parties signed a written stipulation for settlement of the case. (Karayan Decl., ¶ 3 and Exh. 1) The stipulation agrees to entry of judgment in favor of Plaintiff in the amount of $2,264.85, plus costs of $298.50 for a total judgment in the amount of $2,563.35. (Karayan Decl...
2022.06.14 Motion to Strike (SLAPP) 945
Location: Sacramento
Judge: Sueyoshi, Richard K
Hearing Date: 2022.06.14
Excerpt: ...esleigh McCaskill, Taylor Sharp (“Sharp”) and Yolanda Rodriguez (collectively “Moving Defendants”) to strike the twelfth cause of action for defamation in Plaintiff Samuel Bernard Johnson III's (“Plaintiff”) First Amended Complaint (“FAC”) pursuant to Code of Civ. Proc. § 425.16 is DENIED. Plaintiff's request for judicial notice is unopposed and granted. As a preliminary matter, the Court rejects Plaintiff's request to deny the m...
2022.06.09 Motion to Strike Objections and Compel Deposition 629
Location: Sacramento
Judge: Sueyoshi, Richard K
Hearing Date: 2022.06.09
Excerpt: ...does not provide notice of the Court's tentative ruling system, as required by Local Rule 1.06, and does not provide the correct address for Department 53/54. Moving 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, along with the correct address for Department 53/54. If moving counsel is unable to contact opposing counsel prior to ...
2022.06.09 Motion to Compel Compliance with Court Order 839
Location: Sacramento
Judge: Sueyoshi, Richard K
Hearing Date: 2022.06.09
Excerpt: ...notify the clerk and the opposing party of the specific discovery requests that will be addressed at the hearing. The parties are also reminded that pursuant to local rules, only limited oral argument is permitted on law and motion matters. *** The notice of motion again does not provide notice of the Court's tentative ruling system, as required by Local Rule 1.06, or the correct address for Department 53/54. Moving counsel is directed to contact...
2022.06.09 Motion for Preliminary Approval of Class Action Settlement 357
Location: Sacramento
Judge: Sueyoshi, Richard K
Hearing Date: 2022.06.09
Excerpt: ...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, along with the correct address for Dept. 53/54. 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. The notice of motion also does not comply with Code of Civil Procedure §1010 or CRC Rule 3.1110(a). The 2...
2022.06.08 Motion for Summary Judgment, Adjudication 269
Location: Sacramento
Judge: Sueyoshi, Richard K
Hearing Date: 2022.06.08
Excerpt: ...and violation of Civil Code § 3428. Plaintiff alleges she was insured by a health insurance policy issued by Blue Shield which required Blue Shield to pay for medically necessary health care costs. She alleges her doctors recommended that she undergo a lumbar spinal fusion procedure and that Blue Shield improperly denied the request for prior authorization for payment by concluding the surgery was not medically necessary. Blue Shield moves for s...
2022.06.08 Demurrer 965
Location: Sacramento
Judge: Sueyoshi, Richard K
Hearing Date: 2022.06.08
Excerpt: ... judicial notice, of for example, the fact that Plaintiff failed to file an administrative charge with the Department of Fair Employment and Housing (“DFEH”), the request is improper. Plaintiff's request for judicial notice is granted. In this employment action Plaintiff, who is African American, alleges FEHA causes of action for racial discrimination, harassment, retaliation and failure to prevent discrimination/harassment/retaliation in con...
2022.06.07 Demurrer 683
Location: Sacramento
Judge: Sueyoshi, Richard K
Hearing Date: 2022.06.07
Excerpt: ...2, 2020, on the 1000 block of Broadway, Sacramento, Sacramento County, CA, Plaintiff SAMUEL RODRIGUEZ was injured while under the authority, supervision, and control of the Sacramento County Sheriffs Work Project Program when the operator of a vehicle owned by the City of Sacramento, negligently operated that vehicle by driving it so as to cause Plaintiffs head to hit a tree, causing him to fall from the City Vehicle and suffer further injuries a...
2022.06.07 Demurrer 397
Location: Sacramento
Judge: Sueyoshi, Richard K
Hearing Date: 2022.06.07
Excerpt: ...5) aiding and abetting; (6) "malicious (vindictive) prosecution"; (7) abuse of process; (8) wrongful use of civil proceedings; (9) defamation; (10) false light; (11) intentional infliction of emotional distress; (12) negligent infliction of emotional distress and (13) public disclosure of private facts. Defendant and Plaintiff are parties to a Sacramento Superior Court Family Law matter in Case No. 10FL05692. Plaintiff alleges that on May 14, 202...
2022.06.02 Special Motion to Strike 709
Location: Sacramento
Judge: Sueyoshi, Richard K
Hearing Date: 2022.06.02
Excerpt: ... $1,300 per month and did so by direct transfer from his bank account to defendant's bank account. Beginning in 2019, plaintiff began making these $1,300 payments to the Sacramento Department of Child Services (“DCSS”) and then attempted to cancel the ongoing direct transfers to defendant's bank account. In July 2021, plaintiff discovered that the direct transfers from his bank had not stopped and thus, defendant had been receiving two monthl...
2022.06.02 Motion to Compel PMK Deposition with Docs 059
Location: Sacramento
Judge: Sueyoshi, Richard K
Hearing Date: 2022.06.02
Excerpt: ...follows. *** If oral argument is requested, the parties must at the time oral argument is requested notify the clerk and the opposing party of the specific categories for testimony and/or requests for production that will be addressed at the hearing. The parties are also reminded that pursuant to local rules, only limited oral argument is permitted on law and motion matters. *** The notice of motion does not provide notice of the Court's tentativ...
2022.06.02 Motion for Summary Judgment, Adjudication 985
Location: Sacramento
Judge: Sueyoshi, Richard K
Hearing Date: 2022.06.02
Excerpt: ...e (the “Agreement”) of the real property known as the Elliot Building (“Subject Property”) by and between Plaintiff, the owner of the property, and Defendant. (UMF Nos. 1‐ 3.) Pursuant to the lease, Defendant took possession of the premises on or about 2002 and began operation a P.F. Chang's China Bistro restaurant serving primarily Chinese cuisine. (UMF Nos. 4, 9‐10.) Following Defendant's exercise of two options, the lease was set t...
2022.06.01 Motion to Tax Costs 177
Location: Sacramento
Judge: Sueyoshi, Richard K
Hearing Date: 2022.06.01
Excerpt: ... filed a motion for summary judgment against both Plaintiffs and the motion was granted as to Plaintiff Rich. The motion was denied as to Plaintiff Osborn, though Defendant prevailed against Plaintiff Osborn at trial and judgment was entered in its favor on April 13, 2022. (ROA 155) The formal order granting summary judgment in favor of Defendant and against Plaintiff Rich was entered on March 14, 2022. (ROA 109) On March 24, 2022, Defendant file...

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