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657 Results

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Location: Sacramento x
Judge: Sueyoshi, Richard K x
2022.11.17 Motion to Compel Arbitration 297
Location: Sacramento
Judge: Sueyoshi, Richard K
Hearing Date: 2022.11.17
Excerpt: ...d opposing counsel are advised that the caption on the original complaint is the caption which should appear on all subsequent court filings and this caption ordinarily does not change even with the subsequent addition or dismissal of parties. Factual Background This action was commenced on 4/23/2021 by plaintiffs Gomez and Sandoval, husband and wife, seeking damages for personal injuries allegedly sustained while entering a vehicle operated by a...
2022.11.17 Demurrer to FAC 299
Location: Sacramento
Judge: Sueyoshi, Richard K
Hearing Date: 2022.11.17
Excerpt: ...y and discovery responses) as these items constitute “extrinsic evidence” which is outside the permissible scope of a demurrer, where the Court's consideration is limited to the allegations of the challenged pleading and those facts for which judicial notice is both requested and granted. For the same reason, the Court also did not consider the Martucci Declaration in Reply. The Court reminds both moving and opposing counsel that Code of Civi...
2022.11.16 Motion to Seal Exhibit 501
Location: Sacramento
Judge: Sueyoshi, Richard K
Hearing Date: 2022.11.16
Excerpt: ...ition there is no proof of service of the opposition and it not clear whether Respondent even served the opposition. In this matter relating to a pending administrative investigation, Petitioner seeks to seal an exhibit in support of Petitioner's pending petition to compel compliance with an investigational subpoena. The petition is set to be heard on November 22, 2022. The subject exhibit is Exhibit 2 to the petition. According to Petitioner, th...
2022.11.16 Motion for Summary Judgment, Adjudication 839
Location: Sacramento
Judge: Sueyoshi, Richard K
Hearing Date: 2022.11.16
Excerpt: ...action against Rebecca for (1) “Undue Influence; Declaratory Relief‐Invalidate Durable Power of Attorney; (2) Constructive Trust; (3) Financial Elder Abuse; and (4) Breach of Fiduciary Duty. In their answer Defendants asserted each cause of action was barred by the statute of limitations. Plaintiff alleges that she, Rebecca and Deborah Conder are the Decedent's daughters. The Decedent passed away on October 29, 2016. Plaintiff alleges Rebecca...
2022.11.15 Motion to Conduct Mental Exam 117
Location: Sacramento
Judge: Sueyoshi, Richard K
Hearing Date: 2022.11.15
Excerpt: ... a result of injuries sustained by Plaintiff. The parties agree that some mental examination of Plaintiff is appropriate. However, despite their meet and confer efforts, the parties were unable to resolve whether 1) there is good cause to conduct the mental examination in Palo Alto, more than 75 miles from Plaintiff's residence, 2) whether the exam may include the Calibrated Neuropsychological Normative System (“CNNS”) test, and 3) whether De...
2022.11.15 Motion to Compel Arbitration 425
Location: Sacramento
Judge: Sueyoshi, Richard K
Hearing Date: 2022.11.15
Excerpt: ...line and several agreements relating thereto, one of which contains an arbitration clause. More specifically, the “Cotenancy Agreement” dated 6/1/1984 provides in Section 13.2 that “Disputes arising under this Agreement that have not been resolved under Sections 13.1 or 15.2.3 shall be settled through binding arbitration as provided in this Section 13.2.” Moving Papers. Petitioners now seek compel arbitration of their claims against DWR a...
2022.11.15 Motion for Terminating Sanctions 951
Location: Sacramento
Judge: Sueyoshi, Richard K
Hearing Date: 2022.11.15
Excerpt: ...ons in the amount of $247.50. (Wright Decl., ¶ 7; ROA 25.) On March 17, 2022, the Court denied a prior motion for terminating sanctions on grounds of improper service. (Wright Decl., ¶ 11; ROA 45.) Defendant provided discovery responses in mid‐May. (Wright Decl., ¶ 13.) Plaintiff believed the responses were deficient and brought a motion to compel further responses, which was granted on July 27, 2022. (Wright Decl., ¶¶ 15‐ 16; ROA 69.) A...
2022.11.15 Motion for Summary Judgment 867
Location: Sacramento
Judge: Sueyoshi, Richard K
Hearing Date: 2022.11.15
Excerpt: ...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 or summary adjudication is limited to the issues raised by the pleadings (Lewis v. Chevron (2004) 119 Cal. App. 4th 690, 694), all evidence submitted in support of or in opposition to the motion must be addressed to the claims and defenses ra...
2022.11.10 Petition to Compel Arbitration and Stay Action 713
Location: Sacramento
Judge: Sueyoshi, Richard K
Hearing Date: 2022.11.10
Excerpt: ...d by Local Rule 1.06, and does not provide the correct address for Dept. 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 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....
2022.11.10 Motion for Leave to File FAC 283
Location: Sacramento
Judge: Sueyoshi, Richard K
Hearing Date: 2022.11.10
Excerpt: ...3(f), requiring both a table of contents and table of authorities when a brief exceeds ten pages (when such page length is permissible). To the extent plaintiffs' Reply proffers “new evidence” which the opposition did not have an opportunity to address, the “new evidence” was not considered by the Court. Defendants' three written objections to the Murphy Declaration in Reply are sustained. Factual Background This is an action for wrongful...
2022.11.10 Anti-SLAPP Motion to Strike, Demurrer 928
Location: Sacramento
Judge: Sueyoshi, Richard K
Hearing Date: 2022.11.10
Excerpt: ...theless considered, although it did not alter the outcome of this motion. The Borkowski Declaration filed on 11/7/2022 in support of Request for Judicial Notice was also not timely filed or served and was not considered because it was filed after the reply papers, depriving defendant Mayfield of an opportunity to address it in the reply papers. But even assuming it were considered and judicial notice of the attached documents were granted, judici...
2022.11.09 Application to Seal Record, to Vacate Arbitration Award 465
Location: Sacramento
Judge: Sueyoshi, Richard K
Hearing Date: 2022.11.09
Excerpt: ...�). In filing that petition, SCA also moved to seal essentially the entire petition and accompanying exhibits, which constituted thousands of pages. Sutter opposed the motion to seal in part and also filed an opposition to the petition to vacate with a narrower motion to seal portions of the opposition. Sutter also filed its own petition to confirm the award. As a result of the parties' dispute over the breadth of the proposed sealing of the resp...
2022.11.09 Motion to Strike Costs 903
Location: Sacramento
Judge: Sueyoshi, Richard K
Hearing Date: 2022.11.09
Excerpt: ...ing party. Carolina's argument is based on its assertion that its motion for new trial was pending at the time the motion to strike was filed. Here, the motion to strike is denied as this Court granted Lexington's motion to be deemed the prevailing party on October 26, 2022. As the Court noted in that ruling, Carolina's motion for new trial was denied. (ROA 1130.) Next, Carolina moves to tax certain costs set forth in Lexington's cost memorandum,...
2022.11.09 Motion for Attorney Fees 019
Location: Sacramento
Judge: Sueyoshi, Richard K
Hearing Date: 2022.11.09
Excerpt: ... § 425.16. (ROA 205.) A formal judgment was entered in Defendants favor on October 19, 2022. (ROA 231.) The judgment indicates attorney fees and costs shall be separately sought. (ROA 231.) On August 26, 2022, Defendants filed the instant motion seeking an award of attorney's fees in the amount of $50,982.50 for 131.5 hours of work and costs in the amount of $1,935.18. Plaintiff opposes the motion. In sum, Plaintiff argues the fees should not be...
2022.11.09 Petition to Compel Contractual Arbitration 159
Location: Sacramento
Judge: Sueyoshi, Richard K
Hearing Date: 2022.11.09
Excerpt: ... Neglect of an Elder and Dependent Adult; (2) Negligence/Negligence per Se; (3) Violation of Resident's Bill of Rights; (4) Fraud/Misrepresentation; (5) Financial Elder Abuse; (6) Unfair Business Practices pursuant to Business and Professions Code § 17200 and (7) Wrongful Death in connection with allegations related to the Decedent's residency at Empire Ranch Alzheimer's Care Center. Defendants seek to compel the matter to arbitration pursuant t...
2022.11.08 Motion to Dismiss 801
Location: Sacramento
Judge: Sueyoshi, Richard K
Hearing Date: 2022.11.08
Excerpt: ...��Lead Case”) and In the Matter of: The Faith Faraci Revocable Living Trust, Case No. 34‐2020‐00283199 (the “Trust Action”). Plaintiff commenced the Lead Case by filing a complaint on June 2, 2020. The operative pleading in the Lead Case, the FAC was filed on August 26, 2020. (ROA 16.) The FAC identifies Mary Ann's Baking Co., Inc., Alfredo Moreno, George Demas and Faith Faraci as named defendants. (See FAC.) Defendant filed an answer o...
2022.11.08 Motion to Compel Further Responses 727
Location: Sacramento
Judge: Sueyoshi, Richard K
Hearing Date: 2022.11.08
Excerpt: ...ispute presented on this motion is whether a party is required to respond to discovery that is accompanied by a proof of service indicating service was defective when the propounding party subsequently provides an amended proof of service that clarifies the original service was proper. On February 10, 2022, Defendant served “all the discovery requests to Plaintiff” via mail and email. (Du Decl., ¶ 1.) The discovery was properly served by a n...
2022.11.08 Motion for Summary Judgment, Adjudication 033
Location: Sacramento
Judge: Sueyoshi, Richard K
Hearing Date: 2022.11.08
Excerpt: ... and is GRANTED. Plaintiff, an incarcerated person proceeding in pro per, filed his Complaint alleging a sole cause of action for a preliminary injunction relating to his Public Records Act (“PRA”) request from Defendants. According to the moving papers (P&As at 2), Plaintiff Brian Adams (“Plaintiff”), a California state prison inmate, alleges defendants J. Shaffer and the Board of Parole Hearings violated the California Public Records Ac...
2022.11.08 Motion for Preliminary Injunction 997
Location: Sacramento
Judge: Sueyoshi, Richard K
Hearing Date: 2022.11.08
Excerpt: ...roperty at a tax auction. The operative pleading is the verified Second Amended Complaint (“SAC”). The SAC indicates the subject property was previously owned by Nicholas Galabov. Prior to July 27, 2009, the City of Sacramento assessed fees for code enforcement totaling $8,945.23. (SAC, ¶ 7.) The SAC alleges the full amount of the fees were credited on February 22, 2016 and are no longer due. (SAC, ¶ 7.) As of August 31, 2016, there was a l...
2022.11.08 Motion for Attorney Fees 355
Location: Sacramento
Judge: Sueyoshi, Richard K
Hearing Date: 2022.11.08
Excerpt: ...) inducing breach of contract; (2) intentional interference with contractual relations; (3) intentional interference with prospective economic relations; (4) negligent interference with prospective economic relations; (5) conversion; (6) violation of Business & Professions Code § 17200; and (7) unjust enrichment. The causes of action were premised on allegations that Defendants sent demand letters to Plaintiffs, sent document requests to Plainti...
2022.11.08 Demurrer 331
Location: Sacramento
Judge: Sueyoshi, Richard K
Hearing Date: 2022.11.08
Excerpt: ... owned by Defendant. (See Complaint.) Plaintiff alleges she visited Defendant's dealership to pick up her vehicle that had been serviced and repaired. (Id., ¶ 9.) Plaintiff was browsing used vehicles while waiting when she was approached by Defendant's salesperson who identified himself as “Jasper.” (Id., ¶ 10.) Jasper pressured Plaintiff into test driving a vehicle. (Id ., ¶ 11.) The test drive began with Jasper driving, at which time he ...
2022.11.03 Demurrer 695
Location: Sacramento
Judge: Sueyoshi, Richard K
Hearing Date: 2022.11.03
Excerpt: ...The complaint asserts that Michael Betz had shortly before the accident become intoxicated while attending a party hosted by his employer(s) identified as Doe Defendants 11‐100 and purports to allege three separate causes of action: Negligence against Michael Betz; negligent entrustment against Marion Betz; and vicarious liability against Doe Defendants 11‐100. The final cause of action, consisting of just two paragraphs other than incorporat...
2022.11.02 Motion to Enforce Settlement 957
Location: Sacramento
Judge: Sueyoshi, Richard K
Hearing Date: 2022.11.02
Excerpt: ...ed to pay the $40,000 and she now seeks to enforce the agreement pursuant to CCP § 664.6. Plaintiff however, concedes that Defendant filed for bankruptcy in August 2022 and that there is a bankruptcy hearing at the end of November. 11 U.S.C. § 362(a)(1) automatically stays actions when one party files for bankruptcy. “The automatic stay provisions of the Bankruptcy Code prohibit the continuation of a judicial action against the debtor that wa...
2022.11.02 Motion to Compel Further Responses 177
Location: Sacramento
Judge: Sueyoshi, Richard K
Hearing Date: 2022.11.02
Excerpt: ...read defects including defects affecting the engine and brakes, Plaintiffs seek to compel Defendant to provide full and complete responses to certain requests for production, specifically requests nos. 16‐ 36, 39 and 40. These requests relate to Defendant's policies and procedures in handling vehicle repurchase or replacement requests and also determining repurchase offers. They also request information regarding the subject vehicle, in additio...
2022.11.02 Motion to Compel Arbitration and Request for Dismissal 065
Location: Sacramento
Judge: Sueyoshi, Richard K
Hearing Date: 2022.11.02
Excerpt: ...ause of action for penalties pursuant to the Private Attorneys General Act of 2004 (“PAGA”). Pursuant to the United States Supreme Court's ruling in Viking River Cruises, Inc. v. Moriana (2022) 142 S.Ct. 1906, Defendants now move to compel Plaintiff's individual PAGA claim to arbitration and to dismiss the action based on a lack of standing to maintain the “non‐individual” or representative PAGA claim. Briefly, prior to the ruling in Vi...

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