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Judge: Damrell, Lauri x
2023.01.11 Motion for Judgment on the Pleadings 579
Location: Sacramento
Judge: Damrell, Lauri
Hearing Date: 2023.01.11
Excerpt: ...led the motion. Plaintiff has since filed a supplemental declaration confirming the parties have met and conferred but did not resolve the issues raised in this motion. Accordingly, the Court now considers the motion on its merits. Plaintiff asserts that judgment on the pleadings is appropriate in light of the Court's August 17, 2022 order deeming admitted Plaintiff's requests for admission that Plaintiff has a right of judgment on all causes of ...
2023.01.11 Motion for Final Approval of Class Action Settlement, for Attorney Fees 357
Location: Sacramento
Judge: Damrell, Lauri
Hearing Date: 2023.01.11
Excerpt: ...ounsel for all other parties and advise them 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 counsel for the other parties prior to hearing, moving counsel is ordered to appear at the hearing by Zoom or by telephone. The notice fails to state the grounds upon which it is made as required by Code of Civil Proced...
2023.01.11 Motion for Attorney Fees 050
Location: Sacramento
Judge: Damrell, Lauri
Hearing Date: 2023.01.11
Excerpt: ...o CCP § 425.16(c) is ruled upon as follows. On October 12, 2022, this Court granted Defendants' special motion to strike the Complaint under CCP § 425.16 (“anti‐SLAPP Motion”). (ROA 52.) The Court's order indicates that any request for fees should be sought by a separately noticed motion. ( Ibid.) Judgment was entered in Defendants' favor on October 20, 2022. (ROA 59.) The Court attached the October 12 order to the Judgment. (Ibid). On Oc...
2023.01.10 Motion to Compel Inspection 395
Location: Sacramento
Judge: Damrell, Lauri
Hearing Date: 2023.01.10
Excerpt: ...nd fraudulent misrepresentation, with a claim for intentional interference with contract being voluntarily dismissed. Plaintiff asserts that it specializes in recovering and supplying refrigerants, utilizing unique equipment which is either specially ordered or modified in a proprietary manner, and that while employed by plaintiff, defendant Meindersee made purchases through the former's password‐protected account but had the parts delivered to...
2023.01.10 Motion for Summary Judgment, Adjudication 411
Location: Sacramento
Judge: Damrell, Lauri
Hearing Date: 2023.01.10
Excerpt: ...ime of the request which of moving defendant's 34 Undisputed Material Facts, which of opposing plaintiff's 15 Additional Material Facts, and which of the parties' respective objections to evidence will be addressed at the hearing. The parties should be prepared to point to specific admissible 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....
2023.01.10 Demurrer 587
Location: Sacramento
Judge: Damrell, Lauri
Hearing Date: 2023.01.10
Excerpt: ...he statutory mandate. Plaintiff's counsel is reminded that the meet‐and‐confer requirements of Code of Civil Procedure §430.41 are not optional and s/he is required to participate in the meet‐andconfer efforts “in person or by telephone” even if s/he disagrees with the challenge to the pleading. Factual Background This is a personal injury action arising out of a trip‐and‐fall incident occurring on 5/16/2021. Although not explicitl...
2023.01.10 Demurrer 187
Location: Sacramento
Judge: Damrell, Lauri
Hearing Date: 2023.01.10
Excerpt: ...tter was a police officer employed by District. The complaint purports to assert eight separate causes of action, four against defendant Winchester and four against District. The claims against District include Battery, Negligence, Intentional Infliction of Emotional Distress, and Violation of the Bane Act (Civ. Code §52.1). The complaint specifically alleges in Paragraph 4 that this lawsuit is timely pursuant to the ten‐year limitations perio...

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