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Location: Sacramento x
Judge: McFetridge, James x
2022.07.13 Demurrer 047
Location: Sacramento
Judge: McFetridge, James
Hearing Date: 2022.07.13
Excerpt: ...directed to contact Plaintiff forthwith and advise her of Local Rule 1.06, the Court's tentative ruling procedure, and the manner to request a hearing. FACTS Plaintiff, in propria persona, filed her Complaint in this action on September 8, 2020. Plaintiff filed her First Amended Complaint on May 24, 2021 (ROA 75). Therein, as near as the Court can tell, Plaintiff alleges that her uncle, defendant Leo Curry, defrauded her deceased mother, and thus...
2022.07.13 Motion for Summary Judgment, Adjudication 349
Location: Sacramento
Judge: McFetridge, James
Hearing Date: 2022.07.13
Excerpt: ...nt (the “Vehicle”). Plaintiff alleges that within a week of purchase, Plaintiff had to take the Vehicle in for repair and discovered defects from exhaust and emission control system that had been removed, causing the Vehicle to emit a bluish‐white smoke which triggered the vehicle's warning system, making It unsafe to drive and violated California law. Plaintiff filed the operative First Amended Complaint (“FAC”) in this matter on Novem...
2022.07.12 Petition to Compel Binding Arbitration 695
Location: Sacramento
Judge: McFetridge, James
Hearing Date: 2022.07.12
Excerpt: ...cle Museum Tower Assn. v. Pinnacle Market Development (US), LLC (2012) 55 Cal.4th 223, 244 [145 Cal.Rptr.3d 514, 282 P.3d 1217].) “The party seeking arbitration bears the burden of proving the existence of an arbitration agreement, and the party opposing arbitration bears the burden of proving any defense, such as unconscionability.” (Id. at p. 236.) An arbitration agreement must generally be memorialized in writing, but acceptance of the agr...
2022.07.12 Motion for Summary Judgment, Adjudication 059
Location: Sacramento
Judge: McFetridge, James
Hearing Date: 2022.07.12
Excerpt: ...l. Rules of Court, rule 3.1350 to submit a single compendium of the evidence offered by each party in support or opposition to the motion. While the parties are admonished for their failure to comply, the Court finds the parties were not prejudiced by their respective failures and will consider the evidence presented. As a further preliminary matter, Plaintiff's request for a continuance is denied. The Court previously denied Plaintiff's ex parte...
2022.07.12 Motion for Judgment on the Pleadings 129
Location: Sacramento
Judge: McFetridge, James
Hearing Date: 2022.07.12
Excerpt: ...orms the same function as a general demurrer, and hence attacks only defects disclosed on the face of the pleadings or by matters that can be judicially noticed.” (Cloud v. Northrop Grumman Corp. (1998) 67 Cal.App.4th 995, 999.) “In reviewing the sufficiency of a complaint against a general demurrer, we are guided by long‐settled rules. ‘We treat the demurrer as admitting all material facts properly pleaded, but not contentions, deduction...
2022.06.30 Motion to Extinguish Lien 575
Location: Sacramento
Judge: McFetridge, James
Hearing Date: 2022.06.30
Excerpt: ...cle accident which resulted in injuries to numerous individuals including plaintiff Tashawnene Carter. The parties allegedly responsible for the subject accident had relatively small insurance policies and they later tendered the limits of each policy to reach a global settlement. Plaintiff Richmond agreed to settle his injury claims for a total payment of $35,000, although her total medical expenses exceed $200,000. In February 2021 DHCS agreed ...
2022.06.30 Motion to Compel Further Responses 019
Location: Sacramento
Judge: McFetridge, James
Hearing Date: 2022.06.30
Excerpt: ...Rule 3.1110(a). The proof of service attached to the moving papers fails to comply with Code of Civil Procedure §1013a, requiring the “exact title” of each document being served. The moving and reply papers fail to comply with CRC Rule 3.1110(b)(3)‐(4). Factual Background This action arises out of plaintiff's employment with defendant GIG beginning in June 2014. The operative Third Amended Complaint purports to allege against several defen...
2022.06.30 Demurrer 397
Location: Sacramento
Judge: McFetridge, James
Hearing Date: 2022.06.30
Excerpt: ... only limited oral argument is permitted on law and motion matters. *** Both moving and opposing parties failed to comply with CRC Rule 3.1110(b)(3)‐(4). Factual Background Plaintiff in pro per Riley filed on 11/10/2021 a complaint purporting to assert against several defendants including but not limited to Mitchell (and the Law Offices of Christie Mitchell) a total of 13 causes of action for (1) false imprisonment; (2) assault; (3) negligence;...
2022.06.29 Demurrer to FAC 469
Location: Sacramento
Judge: McFetridge, James
Hearing Date: 2022.06.29
Excerpt: ...ng Plaintiff's insured on September 25, 2020. Plaintiff alleges that its insured collided with a street sign due to a lack of visible warning signs. Plaintiff alleges that Defendant is liable for the loss based on a dangerous condition of property under Government Code § 835. In Plaintiff's original complaint filed on September 2, 2021, it alleged that it submitted a government claim with the City on October 2, 2020 and that the City rejected th...
2022.06.29 Motion to File Amended Complaint 944
Location: Sacramento
Judge: McFetridge, James
Hearing Date: 2022.06.29
Excerpt: ...int on August 19, 2019. Plaintiff alleges causes of action against Defendants Heritage Inn of Sacramento, LLC, et al. for conversion, trespass to chattels, and intentional infliction of emotional distress. He appears to allege that he was a long‐ term guest at a hotel owned by Defendants and that an unknown person broke into his storage locker and stole his property in December 2015. Defendants served their motion for summary judgment on March ...
2022.06.29 Motion for Summary Judgment, Adjudication 209
Location: Sacramento
Judge: McFetridge, James
Hearing Date: 2022.06.29
Excerpt: ...), Plaintiff alleges that Defendants own real property at 221 Richards Boulevard (“Subject Property”). Plaintiff leases the Subject Property pursuant to a commercial lease (the "Lease"). Plaintiff alleges that Defendant Safelite Fulfillment, Inc. leases other real property from Defendant which is adjacent to the Subject Property. Plaintiff alleges that it leased the Subject Property to use for its corporate headquarters and that its loading...
2022.06.29 Motion to Compel Responses to Discovery 663
Location: Sacramento
Judge: McFetridge, James
Hearing Date: 2022.06.29
Excerpt: ...ge that Defendant operated the long‐term acute care hospital where Joseph Pacheco was allegedly neglected which ultimately led to his death. At issue on Plaintiffs' motions are Defendant's responses to form and special interrogatories and request for production. The Court must note that while Plaintiffs ostensibly filed three separate motions for each set of discovery, they filed a single memorandum of points and authorities which does not refe...
2022.06.28 Motion to Strike (SLAPP) 019
Location: Sacramento
Judge: McFetridge, James
Hearing Date: 2022.06.28
Excerpt: ...ase.” (Jay v. Mahaffey (2013) 218 Cal.App.4th 1522, 1535.) “[S]ection 425.16 requires that a court engage in a two‐step process when determining whether a defendant's anti‐SLAPP motion should be granted. First, the court decides whether the defendant has made a threshold showing that the challenged cause of action is one ‘arising from' protected activity. [] If the court finds such a showing has been made, it then must consider whether ...
2022.06.28 Motion to Compel Arbitration 127
Location: Sacramento
Judge: McFetridge, James
Hearing Date: 2022.06.28
Excerpt: ...pel arbitration where a written agreement to arbitrate exists and a party to the agreement refuses to arbitrate, unless the party seeking to compel arbitration has waived the right to arbitration. “[A]rbitration is a matter of consent, not coercion.” (Pinnacle Museum Tower Assn. v. Pinnacle Market Development (US), LLC (2012) 55 Cal.4th 223, 244 [145 Cal.Rptr.3d 514, 282 P.3d 1217].) “The party seeking arbitration bears the burden of provin...
2022.06.28 Motion for Final Approval of Class Action Settlement 429
Location: Sacramento
Judge: McFetridge, James
Hearing Date: 2022.06.28
Excerpt: ...rmer employees of Defendant Bahn Thai, Inc. (dba Thai Basil Café / Veg Café & Bar) (“Defendant”). According to Plaintiff's Complaint, Defendant required Plaintiff and similarly situated employees (“Plaintiffs”) to work without paying them for all the time they were under Defendant's control and required Plaintiffs to use their personal cell phones for work without reimbursement. (Complaint, (¶¶ 8, 108.) Also, Plaintiffs were not affor...
2022.06.28 Motion for Attorney Fees 867
Location: Sacramento
Judge: McFetridge, James
Hearing Date: 2022.06.28
Excerpt: ... drug activities and prostitution at property located at 1319 30th Street, Sacramento, California (the “Property”). LEG was the owner of the Property. 2002 Investors had a commercial lease to operate a hotel business at the Property. The underlying case resolved on June 25, 2015, following the entry of a stipulated judgment (“Stipulated Judgment”). (See Compendium of Evidence (“COE”) Exh. 1.) The Stipulated Judgment requests the Court...
2022.06.28 Motion for Approval of PAGA Settlement 787
Location: Sacramento
Judge: McFetridge, James
Hearing Date: 2022.06.28
Excerpt: ...de. (See Complaint.) After engaging in formal discovery and conducting an investigation the parties participated in mediation with Lisa Klerman serving as the neutral. (Han Decl., ¶¶ 12‐15.) With the assistance of the mediator, the parties reached a proposed Confidential Settlement Agreement and Release (the “Settlement”). (Han Decl., ¶¶ 9, 15‐16 and Exh. 2.) The Labor Workforce Development Agency (“LWDA”) was timely notified of t...

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