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657 Results

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Location: Sacramento x
Judge: Sueyoshi, Richard K x
2023.02.22 Demurrer, Motion to Strike 691
Location: Sacramento
Judge: Sueyoshi, Richard K
Hearing Date: 2023.02.22
Excerpt: ...intiff was a staying at a hotel owned and/or managed by Defendants. Plaintiffs allege Defendants knew there was a prior bedbug infestation prior to renting Plaintiffs a room, failed to take adequate sanitary steps, such as changing bed skirts, to eradicate the infestation, failed to take adequate steps to inspect the room and verify it was free of bed bugs before renting it to Plaintiffs, failed to properly train staff to inspect and eradicate be...
2023.02.21 Motion to Quash Deposition Subpoena 729
Location: Sacramento
Judge: Sueyoshi, Richard K
Hearing Date: 2023.02.21
Excerpt: ...counsel's declaration relating to these additional meet-and-confer efforts and now rules as follows. Factual Background This action arises out of a 2020 incident allegedly occurring in a Trader Joe's parking lot. Plaintiff claims to have been struck by defendants' vehicle while walking in the parking lot with her mother. Plaintiff McKinney's responses to interrogatories attest to the following injuries: “[R]ib contusions, headaches, sprains and...
2023.02.21 Motion to Compel Responses 177
Location: Sacramento
Judge: Sueyoshi, Richard K
Hearing Date: 2023.02.21
Excerpt: ...ject property collapsed and fell on the decedent. According to the moving papers, plaintiff propounded on defendant Greco a set of Requests for Admissions on 7/15/2022. Defendant Greco subsequently obtained extensions for her responses up to an including 11/7/2022 but that plaintiff has to date received no responses to these requests for admissions. Defendant Greco argues this motion “must be denied” for three (3) reasons. First, plaintiff fa...
2023.02.21 Motion for Summary Judgment 417
Location: Sacramento
Judge: Sueyoshi, Richard K
Hearing Date: 2023.02.21
Excerpt: ...ve ruling procedure and the manner to request a hearing. If moving counsel is unable to contact plaintiffs in pro per prior to hearing, moving counsel is ordered to appear at the hearing by Zoom or by telephone. (The Court notes that defendant filed and served an amended notice of motion on 2/15/2023 but because this was served so close to the 2/21/2023 hearing date and because 2/20/2023 was a court holiday, plaintiffs may not have received the a...
2023.02.21 Motion for Declaratory Relief 173
Location: Sacramento
Judge: Sueyoshi, Richard K
Hearing Date: 2023.02.21
Excerpt: ...t need not waste time locating individual exhibits). Factual Background According to the opening paragraph of plaintiff's complaint, “This is a civil action for declaratory judgment asking the jury for a verdict declaring that Defendant Dayle Ann Imperato was the ‘keeper' of Plaintiff Krista Mitchell's 58 rescue dogs from 6:34 p.m. Tuesday, February 19, 2019 through 6:16 p.m. Thursday, February 21, 2019.” Plaintiff alleges that she housed t...
2023.02.21 Demurrer 923
Location: Sacramento
Judge: Sueyoshi, Richard K
Hearing Date: 2023.02.21
Excerpt: ...nal meet-and-confer declaration, such objection was unnecessary since Exhibit A was attached to the declaration simply to reflect State's meet-and-confer attempt and since the Court's consideration on this demurrer is limited to the facts duly alleged in the challenged pleading, along with those for which judicial notice was both requested and granted. Factual Background On 3/15/2022 plaintiff filed a Judicial Council Form complaint for personal ...
2023.02.21 Motion to Quash Deposition Subpoena or for Protective Order 593
Location: Sacramento
Judge: Sueyoshi, Richard K
Hearing Date: 2023.02.21
Excerpt: ...ies' subsequent declarations relating to these additional meet-and-confer efforts and now rules as follows. Factual Background This action was commenced by plaintiff Keener on 12/2/2020 when she filed a complaint against her sister, defendant Perry who is the trustee of their parents' trust. The complaint purports to assert causes of action for undue influence, declaratory relief invalidating a trust amendment, imposition of constructive trust, b...
2023.02.17 Motion for Summary Judgment, Adjudication 667
Location: Sacramento
Judge: Sueyoshi, Richard K
Hearing Date: 2023.02.17
Excerpt: ...g so Plaintiff may depose Defendant's person most qualified in order to oppose the motion. This request is supported by a stipulation between the parties. However, as set forth below, the Court finds Defendants failed to meet their initial burden on this motion. As Defendants failed to shift the burden, Plaintiff has no burden to produce evidence to raise a triable issue of material fact. The request for a continuance is therefore unnecessary and...
2023.02.16 Motion for Preliminary, Antisuit Judgment 711
Location: Sacramento
Judge: Sueyoshi, Richard K
Hearing Date: 2023.02.16
Excerpt: ...tain an order from the Court allowing it to file an oversized memorandum. Nevertheless, the Court considered the entirety of the memorandum. In the future, La Posta shall conform to the applicable page limits or obtain an order from the Court allowing it to exceed those limits in accordance with the Rules of Court. This action arises from a loan agreement YAN and La Posta entered into in connection with a casino project that ultimately failed and...
2023.02.16 Demurrer 419
Location: Sacramento
Judge: Sueyoshi, Richard K
Hearing Date: 2023.02.16
Excerpt: ...June 2020 pursuant to which it agreed to provide construction equipment rental services to CDCR in exchange for payment. (FAC ¶ 6.) The Agreement states that CDCR was “to return the equipment in good condition subject to reasonable wear and tear” and that CDCR “shall not be liable for loss of damages to the rental equipment from any cause whatsoever during period of transportation or during the period the equipment is in the Institution's ...
2023.02.16 Demurrer 597
Location: Sacramento
Judge: Sueyoshi, Richard K
Hearing Date: 2023.02.16
Excerpt: ...des. The Litigation Coordinator shall not only provide a copy of the tentative ruling to plaintiff in pro per but also have plaintiff in pro per available for oral argument at the above-stated time. Appearance will be by ZOOM. To appear on Zoom telephonically, call (833) 568- 8864 and enter the following Zoom ID: 16146506749. The demurrer of defendants to plaintiff in pro per Yandell's complaint is ruled upon as follows. Factual Background This a...
2023.02.16 Motion for Summary Adjudication 217
Location: Sacramento
Judge: Sueyoshi, Richard K
Hearing Date: 2023.02.16
Excerpt: ...ff Crystal Jackson alleges causes of action against Defendants based on allegation that they negligently failed to perform a cesarean section which injured Ava Walls and Ms. Jackson. In the third cause of action for fraud, Plaintiffs allege that Defendants knew Ms. Jackson would encounter a “dangerous dystocia delivery” but concealed that fact. Defendants move for summary adjudication of the third cause of action. In evaluating a motion for s...
2023.02.16 Motion to Compel Further Responses 181
Location: Sacramento
Judge: Sueyoshi, Richard K
Hearing Date: 2023.02.16
Excerpt: ...l Defendant to provide full and complete responses to certain requests for production. Requests Nos. 33, 37-43 and 45-46 relate to Technical Service Bulletins, recalls and documents/internal codes used by Defendant and similar consumer complaints. Requests Nos. 16, and 19-32 relate to Defendant's warranty and repurchase policies. Defendant interposed numerous objections to the requests for production, including objections based on relevance, burd...
2023.02.16 Rehearing on Homestead Exemption 995
Location: Sacramento
Judge: Sueyoshi, Richard K
Hearing Date: 2023.02.16
Excerpt: ...ing judgment. The Court issued a tentative ruling on this matter for a November 16, 2022. No party contested the tentative ruling. A formal order was entered on December 7, 2022. However, pursuant to CCP § 704.790(d) the Judgment Debtor served a copy of the order and a Declaration for Rehearing on the Homestead Exemption. Under that statute, if the Judgment Debtor serves a copy of the Declaration on the Sheriff within 10 days of service, the Cou...
2023.02.15 Motion to Stay Action 887
Location: Sacramento
Judge: Sueyoshi, Richard K
Hearing Date: 2023.02.15
Excerpt: ... exclusive forum. The complaint alleges causes of action for violation of the Magnuson-Moss Consumer Warranty Act and negligence related to alleged defects in a 2022 XLR 35LRLE TravelTrailer (the “RV”) purchased by Plaintiff Norman Chapin (“Plaintiff”) and manufactured by Defendant. (See Complaint.) Plaintiff purchased the RV from thirdparty Jeff Couch's Campers, L.L.C. (the “Seller”) in Ohio and had the RV delivered to California. (P...
2023.02.15 Motion to Compel Further Responses 029
Location: Sacramento
Judge: Sueyoshi, Richard K
Hearing Date: 2023.02.15
Excerpt: ...ow of Gary Cannon (the “Decedent”) alleged that the medical treatment administered to the Decedent by numerous Defendants including Defendant David Smith, M.D., resulted in the Decedent's death. By way of the instant motion, Defendant seeks to compel Plaintiff to provide responses to Special Interrogatories, Set Six, Nos. 78-89 and Requests for Production of Documents, Set Four, Nos. 38-40 that seek information regarding Plaintiff's income an...
2023.02.15 Motion for Summary Adjudication 221
Location: Sacramento
Judge: Sueyoshi, Richard K
Hearing Date: 2023.02.15
Excerpt: ...in part, and denied, in part. The Court declines to rule on Defendants' objections as they were immaterial to the determination of this motion. Background This action involves a challenge by various Plaintiffs to regulations adopted by OSFM establishing certification requirements for persons to become “Certified Fire Sprinkler Fitters” for the installation of water-based fire protection systems (the “Regulations”). The Legislature authori...
2023.02.15 Demurrer 235
Location: Sacramento
Judge: Sueyoshi, Richard K
Hearing Date: 2023.02.15
Excerpt: ...Ins. Fund (1997) 54 Cal.App.4th 216, 219; Nordlinger v. Lynch (1990) 225 Cal.App.3d 1259, 1271.) A demurrer “tests the pleadings alone and not the evidence or other extrinsic matters.” (SKF Farms v. Superior Court (1984) 153 Cal.App.3d 902, 905.) “If the complaint states a cause of action under any theory, regardless of the title under which the factual basis for relief is stated, that aspect of the complaint is good against demurrer." (Que...
2023.02.14 Writ of Possession 999
Location: Sacramento
Judge: Sueyoshi, Richard K
Hearing Date: 2023.02.14
Excerpt: ...ROPPED from calendar due to defective service of notice which deprives the Court of jurisdiction to consider this matter. (Lee v. Placer Title Co. (1994) 28 Cal.App.4th 503, 509-511.) Plaintiff's notice of application 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 Dept. 53/54. (Provided that plaintiff file at or before the hearing on this application pro...
2023.02.14 Motion to Compel Mental Exam, for Determination of Good Faith Settlement 715
Location: Sacramento
Judge: Sueyoshi, Richard K
Hearing Date: 2023.02.14
Excerpt: ...posing counsel and advise him/her of Local Rule 1.06 and the Court's tentative ruling procedure and 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 by telephone. Plaintiffs' counsel failed to comply with CRC Rule 3.1113(f), requiring that memorandum of points & authorities which exceeds 10 pages include a table of contents and ...
2023.02.14 Motion to Compel Further Responses 288
Location: Sacramento
Judge: Sueyoshi, Richard K
Hearing Date: 2023.02.14
Excerpt: ...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. *** Factual Background This action arises out of a 2016 transaction whereby plaintiffs sold a residential care facility to defendants. Plaintiffs generally allege that defendants have breached the contract and engaged in other wrongful conduct...
2023.02.14 Motion to Compel Arbitration and Stay Action 503
Location: Sacramento
Judge: Sueyoshi, Richard K
Hearing Date: 2023.02.14
Excerpt: ...es out of plaintiff's employment as a “porter” with UBM. Hired in May 2017, plaintiff generally alleges she was discriminated against on account of her disability and retaliated against for “whistleblowing,” ultimately being “wrongfully discharged” in April 2021. Her complaint purports to assert against UBM and other individuals associated with UBM causes of action for discrimination, failure to prevent discrimination, failure to enga...
2023.02.14 Motion for Summary Judgment, Adjudication 979
Location: Sacramento
Judge: Sueyoshi, Richard K
Hearing Date: 2023.02.14
Excerpt: ...which of moving defendant's 14 Undisputed Material Facts will be addressed at the hearing and the parties should be prepared to point to specific evidence which is claimed to show the existence or non-existence of a triable issue of material fact. *** Moving counsel failed to comply with CRC Rule 3.1350(g), which requires a single volume of evidence (including declarations) with a table of contents when the evidence exceeds 25 pages. Factual Back...
2023.02.09 Motion to Vacate Arbitration Award 177
Location: Sacramento
Judge: Sueyoshi, Richard K
Hearing Date: 2023.02.09
Excerpt: ...rm the same award which Simple Foods seeks to vacate. The dispute between the parties arose from shipments of 65 containers of walnuts and almonds from Mariani to Simple Foods during 2017 and 2018. Simple Foods contended that 14 containers had mold and other problems, 29 containers were shipped late and 10 were not shipped. (Altman Decl. ¶ 4.) After the parties could not resolve their differences, they agreed to arbitrate before the Dried Fruit ...
2023.02.09 Motion to Sequence Discovery, for Protective Order 181
Location: Sacramento
Judge: Sueyoshi, Richard K
Hearing Date: 2023.02.09
Excerpt: ...015.5. However, Plaintiff's counsel submitted what appear to be corrected versions of the declarations on February 6, 2023. In any event, the Court need not rule on any evidentiary objections in this discovery motion. The objected to declarations simply set forth Plaintiff's contentions regarding meet and confer efforts or lack thereof, and as seen below none of that is material to ultimate outcome of this motion. In this employment action Plaint...

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