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6288 Results

Location: Sacramento x
2023.01.05 Motion to Strike, for Judgment on the Pleadings 279
Location: Sacramento
Judge: McFetridge, James
Hearing Date: 2023.01.05
Excerpt: ...l Hospital by a nurse. Plaintiff is a seventy‐two (72) year old man who was admitted to Mercy General Hospital in Sacramento in July 2020, after suffering a heart attack. (See Complaint at ¶ 8.) While in the hospital, post‐surgery, plaintiff was sexually assaulted by a nurse employed by Defendant Dignity. The nurse was employed at the time by Defendant Dignity. Plaintiff contends Dignity should have been aware of, and prevented, the assault ...
2023.01.05 Motion to Compel Arbitration and Stay Proceedings 784
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2023.01.05
Excerpt: ...er”). Plaintiff alleges that in connection with the purchase, she received various warranties. During the warranty period, the Vehicle contained or developed various defects. NNA moves to compel arbitration pursuant to the Motor Vehicle Lease Agreement with Arbitration Clauss (“Lease”) which Plaintiff signed with the Dealer. NNA is not a signatory to the Lease. The arbitration provision provides: 1. EITHER YOU OR WE MAY CHOOSE TO HAVE ANY D...
2023.01.05 Motion to Compel Arbitration 185
Location: Sacramento
Judge: McFetridge, James
Hearing Date: 2023.01.05
Excerpt: ...quired that any disputes arising out of the Lease or relationship arising out of the Lease shall be resolved by binding arbitration on an individual basis, if either party so elects. (Lease, Exhibit 2 to Decl. of Ali Ameripour ("Ameripour Decl.").) Defendant contends the arbitration provision in the Lease requires Plaintiff to arbitrate the claims against non‐signatories such as MBUSA, because Plaintiff asserts a claim that arises out of or rel...
2023.01.05 Motion for Summary Adjudication 422
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2023.01.05
Excerpt: ...ing and the parties should be prepared to point to specific evidence which is claimed to show the existence or nonexistence of a triable issue of material fact. *** Defendants/Cross‐Complainants/Cross‐Defendants Stockton Blvd. Property LLC (“Stockton Blvd.”), Broadstone Land, LLC (“Broadstone”), and Tri Property Management Services, Inc. (“Tri Property”) (collectively “Moving Parties”) motion for summary adjudication is ruled ...
2023.01.05 Motion for Determination of Good Faith Settlement 207
Location: Sacramento
Judge: McFetridge, James
Hearing Date: 2023.01.05
Excerpt: ...to the data recorder in Circle's vehicle, three and a half seconds before the collision, Circle was traveling 86 miles per hour.' The speed limit at the subject location is 40 miles per hour. At the same time that Circle was zooming down Coloma Road at more than double the speed limit, Defendant Adam Bills ("Bills") attempted a left turn from southbound Georgetown Drive onto eastbound Coloma Road. Bills testified he looked to his left before init...
2023.01.05 Demurrer190
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2023.01.05
Excerpt: ...and negligent hiring, supervision and retention. Plaintiff alleges that she is an African American female and was employed as a Manager of Utilization Review. In December 2019, Plaintiff was informed that one of the employees under her leadership was acting belligerent and that her co‐workers were fearful. The employee, Irene Morrison (“Morrison”), is also an African American female. Plaintiff visited the worksite to observe Morrison and le...
2023.01.05 Demurrer 715
Location: Sacramento
Judge: McFetridge, James
Hearing Date: 2023.01.05
Excerpt: ... would "rent" the subject real property at 4476 Louvre Lane, Sacramento, CA from defendant by making all the mortgage payments and that when the house was sold the parties would share the proceeds. Plaintiff contends defendant breached the contract by failing to explain the increase in mortgage payments. Defendant contends that the contract cause of action fails to state facts sufficient to constitute a cause of action and is also uncertain. CCP ...
2023.01.05 Demurrer 290
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2023.01.05
Excerpt: ...ntative ruling to Plaintiff Dimario Pickford within 48 hours of receiving it. The hearing date shall automatically be continued one week plus one court day for oral argument. The continuance date will always be an appearance required hearing so that Plaintiff Dimario Pickford need not request oral argument. The Litigation Coordinator shall make Plaintiff Dimario Pickford available, by Zoom telephonically, at 9:00 a.m. on the date of the continued...
2023.01.05 Motion to Set Aside Default Judgment 815
Location: Sacramento
Judge: McFetridge, James
Hearing Date: 2023.01.05
Excerpt: ... with the plaintiff and that the debt is owed by Goodrum. Defendant contents the judgment must be set aside on the following grounds: (1) inadvertence, surprise, mistake, or excusable neglect; (2) service of summons did not result in actual notice; (3) judgment was obtained through fraud by the Plaintiff; (4) the relief sought is not supported by the allegations in the complaint; and (5) lack of jurisdiction due to fact that proof of service was ...
2023.01.04 Motion for Summary Judgment, Adjudication 287
Location: Sacramento
Judge: McFetridge, James
Hearing Date: 2023.01.04
Excerpt: ...ss. First, the Court identifies the issues framed by the pleadings. 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 opp...
2023.01.04 Demurrer 285
Location: Sacramento
Judge: McFetridge, James
Hearing Date: 2023.01.04
Excerpt: ...ent for an indoor cannabis cultivation operation. (FACC, ¶¶ 11‐13.) AGS alleges it provides highly customized climate control systems which require design work. (FACC, ¶¶ 8 and 19.) AGS alleges Adel breached the contract by paying only 50% of the total contract price and failing to make the second installment payment due at the time of shipping. (FACC ¶¶ 17‐20.) In order to provide Adel an opportunity to pay the second and third install...
2023.01.04 Motion for Publication of Summons 885
Location: Sacramento
Judge: McFetridge, James
Hearing Date: 2023.01.04
Excerpt: ...ontinental Financial Network, Baker Group, Kelbaker Inn, Shoshore Partners, Halloran Pros (collectively “Named Defendants”), and All Persons Unknown, Claiming Any Legal or Equitable Right, Title, Estate, Lien, or Interest in the Property Described in the Complaint Adverse to Plaintiffs Title, or Any Cloud on Plaintiffs Title Thereto (“Unknown Defendants”) by publishing the summons and complaint in the Sacramento Gazette, a newspaper of ge...
2023.01.04 Motion for Summary Adjudication 427
Location: Sacramento
Judge: McFetridge, James
Hearing Date: 2023.01.04
Excerpt: ...Superior Court (2008) 169 Cal.App.4th 744, 761.), Moreover, the Court notes Plaintiff cites to these decisions only as authority that a motion for summary adjudication for an interlocutory judgment in a partition action is procedurally proper. (See Memorandum, p. 4:2‐5.) As there is no contention that the instant motion is procedurally improper, the trial court decisions have no relevance to any issue currently in dispute. Defendant Khalid Yusu...
2023.01.04 Motion to File Amended Complaint 919
Location: Sacramento
Judge: McFetridge, James
Hearing Date: 2023.01.04
Excerpt: ...gument on January 19, 2023 at 1:30 pm. Appearance will be by ZOOM. Department 53 Zoom ID is: 161 4650 6749. To appear on Zoom by phone, call (833) 568‐8864 and enter 161 4650 6749#. Appearance is required. Self‐represented incarcerated Plaintiff Delbert Smith's motion to “add ‘amendment to a complaint'” is granted. Plaintiff alleges that he was injured as an inmate porter at California State PrisonSacramento. His form complaint appears ...
2023.01.04 Motion for Summary Judgment, Adjudication 797
Location: Sacramento
Judge: McFetridge, James
Hearing Date: 2023.01.04
Excerpt: ...s objections to evidence as they are immaterial to the Court's decision. Legal Standard In evaluating a motion for summary judgment or summary adjudication the Court engages in a three‐step process. First, the Court identifies the issues framed by the pleadings. 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 motio...
2023.01.04 Motion for Terminating Sanctions 465
Location: Sacramento
Judge: McFetridge, James
Hearing Date: 2023.01.04
Excerpt: ... ("Defendant") and therefore whether the Court may properly consider this motion. On January 22, 2021 Defendant filed a notice of stay indicating this action has been automatically stayed as the result of Defendant's petition for bankruptcy pending before the United States Bankruptcy Court for the Eastern District of California. (ROA 66.) There is no formal indication in the record that the stay has been lifted. However, on September 21, 2021, ba...
2023.01.04 Motion to Compel Arbitration 217
Location: Sacramento
Judge: McFetridge, James
Hearing Date: 2023.01.04
Excerpt: ...Complaint (“FAC”).) Defendants are automobile dealerships. (FAC, ¶¶ 3‐4.) In August 2021, Plaintiff purchased the subject vehicle. (FAC, ¶ 9.) Plaintiff alleges the vehicle has a bad engine that needs to be replaced. (FAC, ¶¶ 12‐13.) Plaintiff alleges the salesman misrepresented the condition of the vehicle and expressly, falsely stated the engine was in great condition and did not need any mechanical attention. (FAC, ¶¶ 10‐11.) ...
2023.01.04 Motion to Set Aside Dismissal 814
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2023.01.04
Excerpt: ...fore the court, for settlement of the case, or part thereof, the court, upon motion, may enter judgment pursuant to the terms of the settlement. If requested by the parties, the court may retain jurisdiction over the parties to enforce the settlement until performance in full of the terms of the settlement." (CCP § 664.6(a).) Moreover, “a party moving for the entry of judgment pursuant to a settlement under Code of Civil Procedure section 664....
2023.01.04 Motion to Strike TAC 922
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2023.01.04
Excerpt: ...ghboring property owners. Plaintiffs initially filed this action on August 6, 2020 and included the following nine causes of action: (1) breach of contract; (2) fraud; (3) general negligence; (4) conversion; (5) adverse possession; (6) trespass; (7) invasion of privacy; (8) intentional infliction of emotional distress; and (9) breach of the implied covenant of good faith and fair dealing. Defendants filed a demurrer to the initial complaint on Ja...
2023.01.03 Motion for Terminating Sanctions 616
Location: Sacramento
Judge: Cadei, Raymond M
Hearing Date: 2023.01.03
Excerpt: ...t's premises located at 1402 O Street, Unit A. Plaintiffs' First Amended Complaint [“FAC”] alleges 12 causes of action concerning the habitability of the unit they rented. On August 3, 2022, the Court sustained without leave to amend Defendant's demurrer to Plaintiffs' eleventh cause of action for violation of Business and Professions Code §§ 17200 et seq. (ROA 48.) The instant motion seeks multiple alternative forms of relief regarding the...
2023.01.03 Motion for Summary Judgment, Adjudication 199
Location: Sacramento
Judge: McFetridge, James
Hearing Date: 2023.01.03
Excerpt: ... with California Rules of Court rule 3.1110(f)(3) which requires that each paper exhibit be separated by a hard 8 ½” x 11” sheet with hard paper or plastic tabs extending below the bottom of the page, bearing the exhibit designation. Plaintiff also failed to comply with California Rules of Court, rule 3.1350(g), which requires the evidence be separately bound in a single volume of evidence (including declarations) and have a table of content...
2023.01.03 Demurrer to SAC 120
Location: Sacramento
Judge: Cadei, Raymond M
Hearing Date: 2023.01.03
Excerpt: ...y, the Court combines its rulings on the demurrer and the motion to strike into this single tentative ruling. MEET AND CONFER OBLIGATIONS Code of Civil Procedure (“CCP”) section 430.41(a) requires a party seeking to file a demurrer to meet and confer “in person or by telephone” with the party who filed the pleading that is subject to demurrer for the purposes of determining whether an agreement can be reached that would resolve the object...
2022.12.29 Demurrer to FAC, Motion to Strike 227
Location: Sacramento
Judge: Cadei, Raymond M
Hearing Date: 2022.12.29
Excerpt: ... regarding a 2014 Chevrolet Cruze (“Vehicle”) which was manufactured and/or distributed by GM. Plaintiffs received an express warranty. Plaintiffs allege that during the warranty period defects arose with the cooling system. In October 2016, Plaintiffs presented the Vehicle to GM's authorized repair facility. They brought the Vehicle for repair another three times, with the last in August 2020. Plaintiffs allege that the statute of limitation...
2022.12.29 Motion for Determination of Good Faith Settlement 310
Location: Sacramento
Judge: Cadei, Raymond M
Hearing Date: 2022.12.29
Excerpt: ...e sale of 8 residential/investment properties in September 2015. Plaintiff alleges that Defendant Raymond Sahadeo (“Sahadeo”) was removed as a co‐manager of S360 for cause, and is currently a 50% member of S360. Plaintiff alleges that Sahadeo allegedly caused the 8 properties to be transferred to his father, Defendant Dhanraj Sahadeo (“Djanrah”). Dhanraj allegedly did not pay adequate consideration for the properties. Seven of the eight...
2022.12.29 Motion for Summary Judgment, Adjudication 908
Location: Sacramento
Judge: Cadei, Raymond M
Hearing Date: 2022.12.29
Excerpt: ...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. *** Defendant California Department of Corrections and Rehabilitation's (“CDCR”) motion for summary judgment, or in the alternative, summary adjudication is ruled upon as follows. I. Overview This is FEHA employment retaliation action. Plaintiff Anthony Pennella (“Plaintiff”) alleges ...
2022.12.29 Motion to Compel Further Responses 150
Location: Sacramento
Judge: Cadei, Raymond M
Hearing Date: 2022.12.29
Excerpt: ...on matters. *** Plaintiff's motion to compel Defendant Global Consortium Group, LLC's ("Defendant") further responses to form interrogatories is ruled upon as follows. The Court notes that Defendant's opposition does not appear in the Court's register of actions. Thus, Defendant did not file an opposition to the motion. Plaintiff, however, filed a reply to Defendant's opposition. Therefore, Defendant served its opposition on Plaintiff. Based on P...
2022.12.29 Motion to Compel Further Responses 824
Location: Sacramento
Judge: Cadei, Raymond M
Hearing Date: 2022.12.29
Excerpt: ...laintiff alleges that he is an African American male that was discriminated and retaliated against by the County while working in the Waste Management Department under the leadership of Nav Gill and Doug Sloan. Recently, Nav Gill has retired under scrutiny for his treatment of minorities. (Complaint, ¶ 1.) Plaintiff alleges that he was hired in January 2008 as a Sanitation Worker. In 2014, he was promoted to Landfill Equipment Operator (“LEO�...
2022.12.28 Motion to File Amended Complaint 764
Location: Sacramento
Judge: Cadei, Raymond M
Hearing Date: 2022.12.28
Excerpt: ... claims an interest. According to the initial complaint, Plaintiff agreed to purchase the subject property from Defendant in early 2010. (Complaint, ¶ 9.) Shortly thereafter, Plaintiff unsuccessfully attempted to obtain title insurance on the property. (Ibid.) Plaintiff also asked the Sacramento Police Department to inspect the property, who discovered that the property was not vacant as Defendant has assured Plaintiff but was occupied by severa...
2022.12.28 Motion to Expunge Lis Pendens 202
Location: Sacramento
Judge: Cadei, Raymond M
Hearing Date: 2022.12.28
Excerpt: ...ntiff provides no explanation as to why his opposition was filed eight days late, and he has not requested relief to file a late opposition. Accordingly, the Court has not considered Plaintiff's untimely opposition. Background Plaintiff in pro per Martin Tejada (“Plaintiff”) filed this action on September 2, 2022 against Owner Defendant as well as Defendants Keith Seibert, Miguel Ruiz Gomez, and 92612 Dunes Lane, an Oregon Limited Liability C...
2022.12.28 Motion to Compel Responses 468
Location: Sacramento
Judge: Cadei, Raymond M
Hearing Date: 2022.12.28
Excerpt: ...es between two individuals who were formerly in a romantic relationship and allegedly entered into an agreement to make equal financial contributions to the maintenance of the home in which they lived. Both Plaintiff and Defendant have since vacated the home and now rent it out. Plaintiff alleges that Defendant has since failed to provide her agreed upon share of the financial contributions to maintain the property. Moreover, Plaintiff alleges th...
2022.12.28 Motion for Determination of Good Faith Settlement 544
Location: Sacramento
Judge: Cadei, Raymond M
Hearing Date: 2022.12.28
Excerpt: ...nstruction, LP (“Webcor”) to build tennis courts at American River College in Sacramento. Plaintiff also hired Neil O. Anderson Associates, the predecessor to Defendant Terracon Consultants, Inc. (“Terracon”), to perform a geotechnical assessment of the ground where the tennis courts would be built. Webcor retained Cross‐ Defendant Duran & Venables (“D&V”) to perform the actual construction of the tennis courts. Webcor then hired Wa...
2022.12.28 Demurrer 290
Location: Sacramento
Judge: Cadei, Raymond M
Hearing Date: 2022.12.28
Excerpt: ...ntative ruling to Plaintiff Dimario Pickford within 48 hours of receiving it. The hearing date shall automatically be continued one week plus one court day for oral argument. The continuance date will always be an appearance required hearing so that Plaintiff Dimario Pickford need not request oral argument. The Litigation Coordinator shall make Plaintiff Dimario Pickford available, by Zoom telephonically, at 9:00 a.m. on the date of the continued...
2022.12.28 Demurrer 230
Location: Sacramento
Judge: Cadei, Raymond M
Hearing Date: 2022.12.28
Excerpt: ...) against Cross‐Complainants and CrossDefendant alleging causes of action for (1) failure to register franchise, (2) unfair competition, (3) intentional misrepresentation, (4) negligent misrepresentation, and (5) declaratory relief. (See ROA 25.) Cross‐Complainants subsequently filed their crosscomplaint against Cross‐Defendant on September 25, 2020 with causes of action for (1) express contractual indemnity, (2) total implied indemnity, (3...
2022.12.27 Petition to Compel Arbitration and Stay Proceedings 198
Location: Sacramento
Judge: Cadei, Raymond M
Hearing Date: 2022.12.27
Excerpt: ...tely of the tentative ruling system and the manner to request a hearing. If Nissan is unable to contact Plaintiff prior to hearing, Nissan is ordered to appear at the hearing. Nissan's request for judicial notice is granted. Plaintiff's request for judicial notice is granted. Plaintiff filed this lemon law action against Nissan on October 2, 2019, arising out of Plaintiff's purchase of a 2016 Nissan Titan (the “Subject Vehicle”) from Nissan o...
2022.12.27 Motion to Vacate Dismissal and Enforce Settlement 790
Location: Sacramento
Judge: Cadei, Raymond M
Hearing Date: 2022.12.27
Excerpt: ... 813 6th Street, Sacramento, California 95814. Plaintiff shall notify defendant Jamaree Mitchell (“Defendant”) immediately. The notice of motion does not provide notice of the Court's tentative ruling system, as required by Local Rule 1.06. Plaintiff is directed to contact Defendant and advise of Local Rule 1.06 and the Court's tentative ruling procedure and the manner to request a hearing. If Plaintiff is unable to contact Defendant prior to...
2022.12.27 Motion for Summary Judgment, Adjudication 014
Location: Sacramento
Judge: Cadei, Raymond M
Hearing Date: 2022.12.27
Excerpt: ...urt, and hereby does move this Court, for Summary Judgment pursuant to California Code of Civil Procedure Section 437(c), or in the alternative, Summary Adjudication pursuant to California Code of Civil Procedure Section 437(f).” (Notice at 2:3‐6.) While Plaintiff does not set forth with precision the grounds upon which this motion is made, it can be deciphered from Plaintiff's moving papers that the basis for the motion is that Plaintiff can...
2022.12.22 Motion for Final Approval of Class Action Settlement 929
Location: Sacramento
Judge: Cadei, Raymond M
Hearing Date: 2022.12.22
Excerpt: ...ether a proposed settlement in a class action is fair. (Rebney v. Wells Fargo Bank (1990) 220 Cal. App.3d 1117, 1138.) The law favors settlement, particularly in class actions and other complex cases where substantial resources can be conserved by avoiding the time, cost, and rigors of formal litigation. (See Newberg on Class Actions 4th (4th ed. 2002) § 11.41 (and cases cited therein); Class Plaintiffs v. City of Seattle (9th Cir. 1992) 955 F.2...
2022.12.22 Motion for Summary Judgment, Adjudication 711
Location: Sacramento
Judge: Cadei, Raymond M
Hearing Date: 2022.12.22
Excerpt: ...ument indicating Plaintiff had voluntarily separated from his position because he was “Dissatisfied with work and company,” despite Plaintiff making clear he resigned for his “health and wellbeing/safety.” The Court sustained Defendant's demurrer to the complaint on September 22, 2022 and Plaintiff filed a first amended complaint on October 6, 2022 alleging the same three causes of action. On September 14, 2022, Plaintiff filed the instan...
2022.12.22 Motion for Judgment on the Pleadings 385
Location: Sacramento
Judge: Cadei, Raymond M
Hearing Date: 2022.12.22
Excerpt: ... for judicial notice shows that Plaintiff's request for admissions to Defendant Donald Bieneman were deemed admitted on July 7, 2022. When the moving party is the plaintiff, there is only one ground for a motion for judgment on the pleadings: "the complaint states facts sufficient to constitute a cause or causes of action against the defendant and the answer does not state facts sufficient to constitute a defense to the complaint." (C.C.P. 438(c)...
2022.12.22 Motion to Compel Discovery Responses 681
Location: Sacramento
Judge: Cadei, Raymond M
Hearing Date: 2022.12.22
Excerpt: ...s and whether, as alleged, Samuel Fong (deceased) (“Sam”) operated the family businesses for the personal benefit of his mistress, Yimin Dai and himself. Defendant is the trustee of the Samuel B. Fong Trust and Executor of Samuel B. Fong's estate. Plaintiff is one of Sam's siblings. In this omnibus motion, Defendant argues Plaintiff failed to timely serve responses to his form interrogatories, requests for admission, special interrogatories, ...
2022.12.21 Motion for Summary Judgment, Adjudication 555
Location: Sacramento
Judge: Cadei, Raymond M
Hearing Date: 2022.12.21
Excerpt: ...gages in a three‐step process. First, the Court identifies the issues framed by the pleadings. 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 submi...
2022.12.21 Motion for Judgment on the Pleadings, to Strike 705
Location: Sacramento
Judge: Cadei, Raymond M
Hearing Date: 2022.12.21
Excerpt: ...g from Plaintiff's purchase of a 2011 Chrysler Town & Country vehicle (the “Vehicle”) manufactured by FCA. Defendants move for judgment on the pleadings as to the first cause of action for violation of Civil Code § 1793.2(d), the fourth cause of action for breach of express warranty, the fifth cause of action for breach of the implied warranty of merchantability, the sixth cause of action for fraud, and the seventh cause of action for neglig...
2022.12.21 Demurrer 085
Location: Sacramento
Judge: Cadei, Raymond M
Hearing Date: 2022.12.21
Excerpt: ...of action for violation of the Song‐Beverly Act and a fifth cause of action for fraudulent inducement ‐ concealment. Defendant demurs to the fifth cause of action on grounds it is barred by the economic loss doctrine and fails to state facts sufficient to constitute a cause of action. Plaintiffs oppose the demurrer. Economic Loss Doctrine “In general, there is no recovery in tort for negligently inflicted ‘purely economic losses,' meaning...
2022.12.20 Petition to Compel Arbitration 379
Location: Sacramento
Judge: Cadei, Raymond M
Hearing Date: 2022.12.20
Excerpt: ...06. 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. 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). Factual Background Thi...
2022.12.20 Motion for Summary Judgment, Adjudication 441
Location: Sacramento
Judge: Cadei, Raymond M
Hearing Date: 2022.12.20
Excerpt: ...nable to contact opposing counsel prior to hearing, moving counsel is ordered to appear at the hearing by Zoom or by telephone. Defendant Rushmore Loan Management Services, LLC's (“RLMS”) motion for summary judgment or alternatively, for summary adjudication of the eight (8) individual causes of action alleged in plaintiff Cisneros' operative Second Amended Complaint (“2AC”) is ruled upon as follows. *** If oral argument is requested, the...
2022.12.20 Motion for Relief from Claim Filing Requirement and Permitting Late 831
Location: Sacramento
Judge: Cadei, Raymond M
Hearing Date: 2022.12.20
Excerpt: ...ies when the memorandum exceeds 10 pages. None of the exhibits identified in the Esparza Declaration (including the relevant Traffic Collision Report) was actually attached to the declaration. Both moving and opposing counsel failed to comply with CRC Rule 3.1110(b)(3). Factual Background This action arises out of a motor vehicle/bicycle accident occurring on 9/21/2021 in Sacramento. In November 2021 plaintiff's counsel requested a copy of the Tr...
2022.12.20 Demurrer 649
Location: Sacramento
Judge: Cadei, Raymond M
Hearing Date: 2022.12.20
Excerpt: ...essed 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 Court notes that the caption page for all papers filed and served in this action should reflect the caption found on the original complaint filed on 8/20/2020 regardless of the addition or dismissal of parties. The Court also notes that the 3AC does not comply with CRC Rule 2.112(4), requirin...
2022.12.15 Motion to Strike, Demurrer 227
Location: Sacramento
Judge: Sueyoshi, Richard K
Hearing Date: 2022.12.15
Excerpt: ...hat Defendant drove at an unsafe speed and was inattentive which caused the subject accident. (FAC p. 5 ¶ GN‐1.) Plaintiffs request punitive damages. Defendant moves to strike the request for punitive damages on the basis that Plaintiffs failed to properly allege an entitlement to such damages. A motion to strike is appropriate to strike out any irrelevant, false or improper matter asserted in any pleading and the Court may strike out all or a...
2022.12.15 Motion to Set Aside Default, Judgment 810
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.12.15
Excerpt: ...summons and complaint were served on “Marie Alvarez, Co‐occupant, White, Female, 40 Years Old, Brown Hair, 5 Feet Inches, 140 Pounds” at 3741 Y Street Sacramento, CA 95817. Defendant moves for relief from default pursuant to CCP §§ 473.5, 473(b) and 1788.61. The motion based on all three statutes is untimely. A motion pursuant to CCP §473.5 must be filed “within a reasonable time, but in no event exceeding the earlier of: (i) two years...
2022.12.15 Motion to Compel Further Responses 924
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2022.12.15
Excerpt: ...ers. *** Defendant Gursimrat Sekhon's (“Defendant”) motion to compel Plaintiff Vrinder Grewal's (“Plaintiff”) further responses to special interrogatory nos. 16 and 28 is ruled upon as follows. The Court need not rule on Defendant's request for judicial notice since it was not material to the Court's disposition of this motion. This is a personal injury action based on Defendant's alleged assault and battery on Plaintiff. Plaintiff, a doc...

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