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6288 Results

Location: Sacramento x
2023.03.14 Demurrer 217
Location: Sacramento
Judge: Sueyoshi, Richard K
Hearing Date: 2023.03.14
Excerpt: ...s of action for imposition of a constructive trust, quiet title, unjust enrichment, declaratory relief, "fraud" and conversion. Plaintiff and defendant Garibay are married but are currently in the process of a marital dissolution in the Sacramento Superior Court's Family Law Division. The essence of this action is that in violation of a Family Law Judge's order deeming the subject residence to be a community property asset and prohibiting its sal...
2023.03.14 Demurrer 084
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2023.03.14
Excerpt: ...istance of her appointed counsel, Defendant Karri Iyama ("lyama"), who worked as a public defender for Defendant Sacramento County Public Defender's Office ("SCPDO"). (Complaint, "1 1-3.) Specifically, in September of 2020, Plaintiff resided at a facility in Sacramento called "All Love Transitional Living." (Complaint, '1 10.) A fire was reported at the facility, and fire investigator Paul Tualla responded and determined that the fire was arson. ...
2023.03.13 Demurrer 432
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2023.03.13
Excerpt: ...insurance bad faith action, which arises out of an underlying auto versus pedestrian accident that occurred on May 2, 2017, where Plaintiff's brother (Eric Allen Miller) was killed when he was struck by a 2013 Toyota Tacoma driven by Steven Martin. Plaintiff alleges Mr. Martin was operating the vehicle in furtherance of his vehicle hauling business. (Complaint ¶ 10.) Plaintiff further alleges that business was insured by Redwood and that Redwood...
2023.03.09 Motion for Summary Adjudication 661
Location: Sacramento
Judge: Sueyoshi, Richard K
Hearing Date: 2023.03.09
Excerpt: ...three state prisons. Plaintiff alleges that it subcontracted with Vistam to provide electrical services at several of the CDCR's facilities and that Vistam failed to pay as agreed. Plaintiff alleges breach of contract (written and oral) causes of action against Vistam in addition to various common counts, stop notice causes of action and a cause of action for failure to provide a bond. Vistam moves for summary adjudication as to Plaintiff's first...
2023.03.09 Petition to Confirm, Correct, or Vacate Contractual Arbitration Award 026
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2023.03.09
Excerpt: ..., 2022, at the request of Petitioner based on Petitioner's representation that he had been unsuccessful in serving Respondents with the petition. (See ROA 13, 17.) On September 20, 2022, the Court continued the hearing to October 25, 2022 at Petitioners request based on his ongoing difficulties serving (ROA 22.) On October 25, 2022, the Court again continued the hearing to December 6, 2022. (ROA 26.) On December 6, 2022, the Court continued the h...
2023.03.09 Demurrer 948
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2023.03.09
Excerpt: ...end in part. The notice of motion does not provide notce of the Court's tentative ruling system, as required by Local Rule 1.06. Cross-Defendant's 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 Cross-Defendant's counsel is unable to contact opposing counsel prior to hearing, Cross-Defendant's counsel is ordered to appear at th...
2023.03.09 Demurrer, Motion to Strike 170
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2023.03.09
Excerpt: ...d into by Tragopan, as Landlord, and Plaintiffs, as Tenants to rent residential property located at 8083 Bucks Harbor Way in Sacramento, California (the "Lease Agreement"). (IAC Exh. A.) Generally, Plaintiffs allege the home was in disrepair upon move in and that after a sewage backup occurred in the downstairs bathroom toilet on June 13, 2022, the home became a health hazard requiring remediation and repair. Plaintiffs filed their Complaint on A...
2023.03.09 Motion for Attorney Fees 009
Location: Sacramento
Judge: Sueyoshi, Richard K
Hearing Date: 2023.03.09
Excerpt: ...oted in the October 19, 2022, ruling, "the dismissal filed by plaintiff was effective upon filing, and the trial court lacked jurisdiction to rule on defendants' ant-SLAPP motion (Code Civ. Proc., S 425.16). The Court also noted that despite the dismissal, it retained jurisdiction to entertain the merits of the anti- SLAPP motion in connection with determining whether Defendants are the preva-ling party and thus entitled to attorneys' fees pursua...
2023.03.09 Motion for Reconsideration 995
Location: Sacramento
Judge: Sueyoshi, Richard K
Hearing Date: 2023.03.09
Excerpt: ...er 7, 2022 order on the basis that new and different facts in the form of a November 11, 2022 real estate appraisal showed a decrease in the subject property's value and also that "Mr. Cooper" which is the brand name for Natonstar Mortgage, LLC, has priority over Plaintiffs' judgment lien. "When an application for an order has been made to a judge, or to a court, and refused in whole or in part, or granted, or granted conditionally, or on terms, ...
2023.03.09 Motion for Summary Judgment, Adjudication 547
Location: Sacramento
Judge: Sueyoshi, Richard K
Hearing Date: 2023.03.09
Excerpt: ... was employed as a detox counselor by Defendant for approximately one year. Plaintiff alleges that on August 8, 2017 she was helping with the admission of a drug and alcohol abuse client and checked the client's purse in accordance with Defendant's standard operating procedure to ensure no drugs or alcohol were brought on the premises. Plaintiff alleges she cut her finger on a soiled razor belonging to a high risk client and reported the incident...
2023.03.09 Motion for Summary Judgment, Adjudication 721
Location: Sacramento
Judge: Sueyoshi, Richard K
Hearing Date: 2023.03.09
Excerpt: ...unsel is ordered to notify Plaintiff's counsel immediately of the tentative ruling system and to be available at the hearing, via Zoom or by telephone, in the event Plaintiff's counsel ap#ars without following the procedures set forth in Local Rule 1.06(8). Harbor Distributing, LLC's ("Harim Objections to Declaration of Kevin McGee: Objection No. 1 to '1 3, on grounds of secondary evidence rule; misstates evidence and improper legal opinion: OVER...
2023.03.09 Motion to Compel Further Responses 179
Location: Sacramento
Judge: Sueyoshi, Richard K
Hearing Date: 2023.03.09
Excerpt: ...ed her brief 1.5 page opposition. In this action, Plaintiff alleges that she was rear-ended by a vehicle driven by Defendant. At issue on the instant motion are Defendant's responses to Plaintiff's special interrogatories nos. 2-6, and 8- 11. These straightforward contention interrogatories ask whether Defendant's driving was a substantial factor in causing Plaintiff's injuries, whether Defendant was responsible for the crash, whether Defendant w...
2023.03.09 Motion to Compel Further Responses 652
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2023.03.09
Excerpt: ...ed the incorrect address in its notice of motion. The correct address for Departments 53 and 54 of the Sacramento County Superior Court is 813 6th Street, Sacramento, California 95814. Plaintiff shall notify Defendant immediately. Defendant filed an untimely opposition on Monday, February 27, 2023, rather than Friday, February 24, 2023, as required under CCP S 1005. The Court has reluctantly considered the untimely opposition, but Defendant is ad...
2023.03.09 Motion to Quash Deposition Subpoena 341
Location: Sacramento
Judge: Sueyoshi, Richard K
Hearing Date: 2023.03.09
Excerpt: ... Baker, et al. are members of Suisun 355. In their first amended complaint ("FAC"), Plaintiffs allege causes of action for (1) inspection of company's records; (2) accounting; (3) breach of fiduciary duty; (4) unjust enrichment; and (5) aiding and abetting breach of fiduciary duty. Plaintiffs allege that Defendant breached a breach of fiduciary duty and loyalty to Suisun 355 by failing to provide members access to books and records, failed to rep...
2023.03.09 Motion to Quash Service 414
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2023.03.09
Excerpt: ... to request a hearing. If Ojeda's counsel is unable to contact Plaintiffs prior to hearing, Ojeda's counsel is ordered to appear at the hearing. Factual and Procedural Background This actons arises out of a transit bus incident that occurred on November 29, 2017. Plaintiffs Tinki Castillo, as guardian ad litem for Tariq Castillo ("Plaintiffs") filed the Complaint on June 20, 2018, against defendant Sacramento Regional Transit District ("SacRT") a...
2023.03.09 Motion to Stay Proceedings 038
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2023.03.09
Excerpt: ...208, Plaintiff filed a lawsuit in the United States District Court, Eastern District of California, Case No. 2:18-cv-02048- JAM-DB. Therein, Plaintiff asserted various federal and state law claims against Defendants. (Mastorakos Decl. 3, Exh. A.) On March 12, 2020, Defendants filed a motion for summary judgment. (Mastorakos Decl. '1 4.) While the summary judgment motion was pending, the parties stipulated to dismiss, in pertinent part, Plaintiff'...
2023.03.07 Demurrer 758
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2023.03.07
Excerpt: ...utrix of the Estate of Lloyd Bagnell; (4) Global Capital Concepts, Inc.; and (5) “all persons unknown claiming any legal or equitable right, title, estate, lien or interest in the property described in the complaint adverse to plaintiff's title, or any cloud upon plaintiff's title thereto.” According to the FAC, the subject real property commonly known as 9348 Golden Gate Avenue, Orangevale, CA 95662 was previously owned by Defendants Lloyd a...
2023.03.07 Demurrer 252
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2023.03.07
Excerpt: ...appear on Zoom telephonically, call (833) 568-8864 and enter the Zoom ID: 16146506749. Defendant Jason Kenneth Miller's (“Defendant”) demurrer to incarcerated plaintiff in pro per Eduard Kamilchu's (“Plaintiff”) Complaint is UNOPPOSED and ruled upon as follows. Defendant's request for judicial notice is granted as to the Complaint, Summons, and Proof of Service of Summons filed in this action. Defendant's request for judicial notice is de...
2023.03.07 Demurrer 597
Location: Sacramento
Judge: Sueyoshi, Richard K
Hearing Date: 2023.03.07
Excerpt: ...al Background This action arises from an incident occurring at California State Prison, Sacramento in February 2019. Plaintiff alleges he was ordered to prepare for transfer to a different facility and when he attempted to explain the transfer was “improper,” the correctional officers assaulted him with “a corrosive burning agent.” The officers then attempted to extract plaintiff from his cell by force, using various implements. Plaintiff...
2023.03.07 Motion to Reopen Discovery 694
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2023.03.07
Excerpt: ...d an express agreement to serve documents electronically, it is apparent that the parties regularly served documents electronically, including Defendants' opposition to the motion. (See Wright Decl. ISO Reply, ¶ 2, Exh. 6.) Further, Defendants' assertion that Plaintiffs were required to serve the motion five days earlier is incorrect. A document served electronically is deemed to have been served at the time it is sent. (CCP § 1010.6(a) (3), (4...
2023.03.07 Demurrer to FAC 446
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2023.03.07
Excerpt: ...n for judgment on the pleadings as to Plaintiff's initial complaint is unopposed and granted. Allegations in FAC This is a breach of contract action involving a sale of a residence. Plaintiff entered into a written contract to purchase certain real property in Elk Grove from Defendant IMC Enterprise, Inc. (“IMC”). Inessa served as the real estate agent for IMC in the sale. Inessa is also the sole shareholder and alter ego of IMC. (FAC, ¶ 14....
2023.03.07 Motion to Compel Arbitration and Stay Proceedings 287
Location: Sacramento
Judge: Sueyoshi, Richard K
Hearing Date: 2023.03.07
Excerpt: ...ng that “all papers opposing a motion and all reply papers shall be served by personal delivery, facsimile transmission, express mail, or other means… reasonably calculated to ensure delivery to the other party or parties not later than the close of the next business day.” (Underline added for emphasis.) The proof of service attached to the opposition papers fails to comply with Code of Civil Procedure §1013a, requiring the “exact title�...
2023.03.07 Motion to Compel Discovery Responses 966
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2023.03.07
Excerpt: ...d granted. Defendant's counsel is admonished for failing to comply with CRC Rule 3.1110(f)(4). Exhibits must be separated by hard paper or plastic tabs that extend below the page. Background This is a personal injury action in which Plaintiff alleges that he was injured while being transported by the Sacramento County Sheriff's Department to Kaiser for a mental evaluation because the Sheriff's Deputy operating the transport vehicle failed to prop...
2023.03.07 Motion to Compel Further Responses 750
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2023.03.07
Excerpt: ...le 1.06. 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. Background This is a lemon law action. On November 18, 2017, Plaintiff purchased a 2018 Dodge Charger manufactured by ...
2023.03.02 Application for Writ of Attachment 589
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2023.03.02
Excerpt: .... The Clinic has filed a concurrent application for writ of attachment against Dr. Smith, which presents the same arguments and evidence presented by Mr. Patel in his application. As a result, the Court is addressing both applications in this single ruling. Dr. Smith has opposed. Factual and Procedural Background This action arises from a business dispute in connection with Dr. Smith's sale of his medical clinic to Mr. Patel. Plaintiffs Dr. Smith...
2023.03.02 Demurrer 840
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2023.03.02
Excerpt: ... fact of their existence, not the truth of their contents. (Herrera v. Deutsche Bank Nat'l Trust Co. (2011) 196 Cal.App.4th 1366, 1375.) This action arises out of an underground electric line on Plaintiff's property that provides power to a park owned by the City of Sacramento, Johnston Park. In March of 2019, Plaintiff requested SMUD remove the line. When SMUD did not comply with Plaintiff's request, Plaintiff filed this action on October 11, 20...
2023.03.02 Motion for Relief from Discovery Orders 744
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2023.03.02
Excerpt: ...ise 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 plaintiff prior to hearing, moving counsel is ordered to appear at the hearing. This action arises from an Agreement for Purchase of Recyclables pursuant to which defendant the City of Sacramento (the “City”) sells recyclable materials to USA Waste for resale into the recycling commodities market. USA W...
2023.03.02 Demurrer 887
Location: Sacramento
Judge: Sueyoshi, Richard K
Hearing Date: 2023.03.02
Excerpt: ...t against Defendants City and County of Sacramento alleging a cause of action for premises liability, specifically, dangerous condition of public property. Plaintiff alleged that she was injured when she slipped and fell near the security checkpoint at the Sacramento International Airport. Plaintiff alleged that the claim was brought pursuant to Government Code §§ 815.2 and 835. Plaintiff added Defendant as Doe 1 on July 15, 2022. A demurrer �...
2023.03.02 Motion for Attorney Fees 338
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2023.03.02
Excerpt: ...ered to notify Defendants' counsel immediately of the tentative ruling system and the manner to request a hearing. If Plaintiffs' counsel is unable to contact Defendants' counsel prior to hearing, Plaintiffs' counsel is ordered to appear at the hearing in person or remotely (telephonically or by video conference via Zoom). Plaintiffs filed this action on August 22, 2019, seeking recovery of their statutory wages earned working on California publi...
2023.03.02 Motion for Entry of Judgment 210
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2023.03.02
Excerpt: ...tively, “Defendants”) 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 Defendants prior to hearing, Plaintiff is ordered to appear at the hearing. California Code of Civil Procedure § 664.6 provides: “If parties to pending litigation stipulate, in a writing signed by the parties outside the presence of the court or orally before the court, for se...
2023.03.02 Motion to Extend Five-Year Deadline for Trial Setting Preference 671
Location: Sacramento
Judge: Sueyoshi, Richard K
Hearing Date: 2023.03.02
Excerpt: ... bring the instant motion to extent the five year statute in CCP § 583.310 to encompass the current July 2, 2024 trial date. As seen below, the Court will deny the motion to extend the five year statute without prejudice. Further, any motion for trial setting preference shall be directed to the Presiding Judge. “[A]n action shall be brought to trial within five years after the action is commenced against the defendant.” (CCP § 583.310.) “...
2023.03.02 Motion for Summary Adjudication 368
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2023.03.02
Excerpt: ...ackground This elder abuse action was initiated on August 7, 2018, with the filing of the original complaint by Plaintiffs Glenda C. Perry, by and through her successor-in-interest, Dennis E. Perry, Dennis E. Perry individually, and William M. Perry, David E. Perry, and Judith C. Ducioame, all individually. For the sake of clarity, the Court sometimes will refer to the plaintiffs by their first names. Glenda is the “elder” whose alleged abuse...
2023.03.02 Petition to Compel Arbitration and Stay Proceedings 423
Location: Sacramento
Judge: Sueyoshi, Richard K
Hearing Date: 2023.03.02
Excerpt: ...retion, the Court considers the opposition. Plaintiff filed the instant complaint against Defendant arising from her purchase of a 2022 Nissan Frontier (the “Vehicle”) from Nissan of Elk Grove. Plaintiff alleges that the vehicle contains defects. Plaintiff alleges causes of action against Defendant for breach of warranties under the Song-Beverly Act. Plaintiff alleges she received various warranties from Defendant in connection with the purch...
2023.03.02 Motion to Compel Further Responses 122
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2023.03.02
Excerpt: ...taliation, age discrimination, and failure to correct retaliation and discrimination all under FEHA, and defamation. Plaintiff alleges he was terminated as Area Manager for Defendant after 30 years of employment at the age of 59 after he complained of harassment against his manager, Vice President Randy Billingsly (“Mr. Billingsly”). Plaintiff contends Defendant's articulated business reason for his termination included the claim that four em...
2023.03.02 Motion to Strike SAC 504
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2023.03.02
Excerpt: ...ction arises from the death of Christine Patton (“Decedent”), an 82-year-old hospice resident of a residential care facility for the elderly owned and/or operated by Defendants. Decedent sustained an injury at the facility on September 20, 2017, and subsequently died. The original complaint was filed in this matter by Decedent's daughters, Plaintiffs Valerie Sikich, Vicki Vankeuren, and Sheila Kinross ("Plaintiffs"), on August 27, 2018. Plain...
2023.03.02 Motion to Contest Good Faith Settlement 033
Location: Sacramento
Judge: Sueyoshi, Richard K
Hearing Date: 2023.03.02
Excerpt: ...onstrate that the challenged settlement is not in good faith. In this personal injury action, Plaintiff Melanie Czoberek alleged two separate instances of slip and fall. In the first, she alleged that she was injured when she fell after her foot got caught on a piece of rebar in the parking lot of the apartment complex owned by Burnet. She alleged that two days later, she was at DHMF facility for an assessment for the injuries suffered in the par...
2023.03.02 Motion to Dismiss Action for Failure to Prosecute 043
Location: Sacramento
Judge: Sueyoshi, Richard K
Hearing Date: 2023.03.02
Excerpt: ...to CCP § 583.250 for failure to serve the summons and complaint within three years. The Court will address the motion to dismiss pursuant to CCP § 583.360 first as it is dispositive. “[A]n action shall be brought to trial within five years after the action is commenced against the defendant.” (CCP § 583.310.) “[A]n action shall be dismissed…after notice to the parties, if the action is not brought to trial within the time prescribed in...
2023.03.01 Motions for Monetary Sanctions 397
Location: Sacramento
Judge: Sueyoshi, Richard K
Hearing Date: 2023.03.01
Excerpt: ...for production of documents. (ROA 43 and 45.) The orders directed Plaintiff to provide responses by November 17, 2022. (Ibid.) As Plaintiff did not oppose the motions, the Court did not award sanctions. (Ibid.) Plaintiff did not provide responses and has not communicated with Defendant regarding the delinquent responses. (Low Decl., ¶¶ 6-7.) As a result of Plaintiff's failure to comply with the order compelling discovery responses, Defendant no...
2023.03.01 Motion to Strike (SLAPP) FAC 819
Location: Sacramento
Judge: Sueyoshi, Richard K
Hearing Date: 2023.03.01
Excerpt: ...motion to strike portions of the complaint. (ROA 13 and 15.) The Court sustained the demurrer and granted the motion to strike, with leave to amend. (ROA 31-32.) Plaintiff timely filed an amended complaint. (ROA 33.) On January 6, 2023 Defendant filed the instant special motion to strike the amended complaint pursuant to Code of Civil Procedure § 425.16. A special motion to strike “may be filed within 60 days of the service of the complaint or...
2023.03.01 Motion to Quash Deposition Subpoenas 512
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2023.03.01
Excerpt: ...onal Infliction of Emotional Distress. Plaintiff alleges that she was employed with Defendant California Department of Social Services (“CDSS”) as a Disability Evaluation Analyst III. She alleges that on November 6, 2019, co-defendant Raj Dosanjh (“Dosanjh”) sexually assaulted her when he blocked her in her cubicle, forcefully pressed his body up against her entire body, groped her, and tried to kiss her. Plaintiff was crying and pushed h...
2023.03.01 Motion to Compel Further Responses 377
Location: Sacramento
Judge: Sueyoshi, Richard K
Hearing Date: 2023.03.01
Excerpt: ...factured by FCA. Plaintiff moves for an order compelling FCA to provide further responses to certain RFPs under Code of Civil Proc. § 2031.310 and, where FCA indicated it would produce documents, for an order compelling FCA to produce documents in compliance. FCA opposes the motion on grounds it either fully complied with the RFPs or properly objected to the same. The moving papers and separate statements suggest the parties largely disagree con...
2023.03.01 Motion for Protective Order, to Compel Deposition 477
Location: Sacramento
Judge: Sueyoshi, Richard K
Hearing Date: 2023.03.01
Excerpt: ...ons that the County filed improper Notices of Pending Enforcement Actions (“NOPEAs”) against real property owned by Plaintiffs NKS Real Estate Holdings, Inc., Nabil Samaan (“Samaan”), and Orlando Meza (“Plaintiffs”) in retaliation for a prior lawsuit against the County and for the purpose of extorting Plaintiffs. The TAC also alleges the County has failed to comply with statutory requirements for filing such NOPEAs. Allred is the Coun...
2023.03.01 Demurrer to FAC, Motion to Strike FAC 062
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2023.03.01
Excerpt: ...Jerome F. Lipp, JFL LLC, and Re ReduX LLC's (collectively "Defendants") demurrer to Plaintiffs Saied Kian and Maria Kian's (collectively "Plaintiffs") first amended complaint (“FAC”) is ruled upon as follows. As an initial matter, the Court observes that the parties met and conferred via written correspondence. CCP § 430.41(a), however, provides that the parties are required to meet and confer "in person or by telephone" prior to filing the ...
2023.03.01 Demurrer to FAC, Motion to Strike FAC 062
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2023.03.01
Excerpt: ...Jerome F. Lipp, JFL LLC, and Re ReduX LLC's (collectively "Defendants") demurrer to Plaintiffs Saied Kian and Maria Kian's (collectively "Plaintiffs") first amended complaint (“FAC”) is ruled upon as follows. As an initial matter, the Court observes that the parties met and conferred via written correspondence. CCP § 430.41(a), however, provides that the parties are required to meet and confer "in person or by telephone" prior to filing the ...
2023.03.01 Demurrer 701
Location: Sacramento
Judge: Sueyoshi, Richard K
Hearing Date: 2023.03.01
Excerpt: ...ts demur to the entire complaint on grounds it fails to state facts sufficient to constitute a cause of action because it is barred by the statute of limitations. A demurrer based on the statute of limitations is proper where it appears from the face of the complaint that the action is time-barred. (Alexander v. Exxon Mobil (2013) 219 Cal.App.4th 1236, 1262.) Defendants argue the complaint asserts a cause of action for personal injuries and that ...
2023.03.01 Demurrer 569
Location: Sacramento
Judge: Sueyoshi, Richard K
Hearing Date: 2023.03.01
Excerpt: ...f into renting the property by making misrepresentations regarding the address of the property and the fact that the lease included an attached studio apartment, after which the Defendants rented the property to another individual, which has interfered with Plaintiff's enjoyment of the property. (See Complaint.) Defendants now bring this demurrer to the second, sixth, seventh and eighth causes of action. Legal Standard The function of a demurrer ...
2023.03.01 Demurrer 491
Location: Sacramento
Judge: Sueyoshi, Richard K
Hearing Date: 2023.03.01
Excerpt: ...ntiff while Plaintiff was employed by DWR. DWR demurs to each of Plaintiff's 13 causes of action in the FAC. Plaintiff filed a late opposition to the demurrer. Nonetheless, the Court exercises its discretion to consider the opposition. Legal Standard The function of a demurrer is to test the sufficiency of the pleading it challenges by raising questions of law. (Salimi v. State Comp. Ins. Fund (1997) 54 Cal.App.4th 216, 219; Nordlinger v. Lynch (...
2023.03.01 Motion for Summary Judgment, Adjudication 854
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2023.03.01
Excerpt: ...specific evidence which is claimed to show the existence or non-existence of a triable issue of material fact. *** Defendant Hippo Analytics, Inc.'s (“Defendant”) motion for summary judgment, or in the alternative, summary adjudication is ruled upon as follows. Overview This is an insurance breach of contract and bad faith action. Plaintiff Gary Hanaway (“Plaintiff”) alleges that he is a senior citizen and disabled person within the meani...
2023.02.28 Demurrer 652
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2023.02.28
Excerpt: ... Defendant on or about December 19, 2021. (SAC, ¶ 8; Exh. A.) In March of 2016, the parties renewed the lease for an additional five-year term. (SAC, ¶ 9.) In March of 2021, during discussions about renewing the lease for an additional five-year term, Plaintiff expressed to Defendant that he needed to have signage for his furniture store that he operated from the leased property. (SAC, ¶ 10.) Defendant informed Plaintiff that he would be allow...
2023.02.28 Application to Seal Record, Motion for Summary Judgment, Adjudication 072
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2023.02.28
Excerpt: ...). The complaint includes two causes of action: (1) dependent adult abuse and neglect brought by Plaintiff Ronnie Grant Sr. by and through his Successor-in-Interest, Tricia Grant, and (2) wrongful death brought by Plaintiff Tricia Grant individually. Concurrent with this motion to seal, Defendants have moved for summary judgment as to Plaintiffs' entire complaint. Via this motion, Defendants seek to file under seal Mr. Grant's medical records fro...
2023.02.28 Demurrer 585
Location: Sacramento
Judge: Sueyoshi, Richard K
Hearing Date: 2023.02.28
Excerpt: ...tandard In reviewing the sufficiency of a complaint against a general demurrer, the Court is guided by long-settled rules. “‘[The Court] treat[s] the demurrer as admitting all material facts properly pleaded, but not contentions, deductions or conclusions of fact or law.' [Citation.]” (Blank v. Kirwan (1985) 39 Cal.3d 311, 318.) The Court “‘also consider[s] matters which may be judicially noticed.' [Citation.]” (Ibid.) “No other ext...
2023.02.28 Motion to Compel Arbitration and Stay Civil Action 271
Location: Sacramento
Judge: Sueyoshi, Richard K
Hearing Date: 2023.02.28
Excerpt: ...; Suzanne Schroeder; Jason Murray; and Mark Hancock's (collectively, “Defendants”) motion to compel arbitration and stay is ruled upon as follows. Defendants' Objections to Declaration of Edward P. Dudensing 1. Ex. A (Marshall Medical Center Hospital records), on grounds of authentication: OVERRULED. The Court finds that Plaintiffs have properly authenticated the Marshall Medical Center Hospital records for purposes of this motion. Plaintiffs...
2023.02.28 Demurrer, Motion to Strike 368
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2023.02.28
Excerpt: ...iling of the original complaint by Plaintiffs Glenda C. Perry, by and through her successor-in-interest, Dennis E. Perry, Dennis E. Perry individually, and William M. Perry, David E. Perry, and Judith C. Ducioame, all individually. For the sake of clarity, the Court sometimes will refer to the plaintiffs by their first names. Glenda is the “elder” whose alleged abuse forms the basis of this case. Glenda is deceased and has been deceased since...
2023.02.28 Motion to Strike, Demurrer 028
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2023.02.28
Excerpt: ...ncorporates that discussion into this ruling. Additional background is provided in this ruling for context. Although Jay's Mobile is a sole proprietorship and thus legally indistinct from Bryant, Plaintiff's complaint specifically names Jay's Mobile and Bryant as defendants to the breach of fiduciary duty cause of action. Moreover, the present motion to strike has been brought only by Jay's Mobile. Via this motion, Jay's Mobile seeks to strike pa...
2023.02.28 Motion for Judgment on the Pleadings 483
Location: Sacramento
Judge: Sueyoshi, Richard K
Hearing Date: 2023.02.28
Excerpt: ...r Court is 813 6th Street, Sacramento, California 95814. Plaintiff's counsel is directed to contact opposing counsel forthwith to advise counsel of Department 53's correct address, Local Rule 1.06, and the Court's tentative ruling procedure. If Plaintiff's counsel is unable to contact opposing counsel prior to the hearing, they shall be available at the hearing (regardless of Plaintiff's notice pursuant to CRC 3.1304(c)) in person or remotely (te...
2023.02.28 Motion to Compel Further Responses 122
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2023.02.28
Excerpt: ... Employment and Housing Act (“FEHA”); (2) age discrimination under FEHA; (3) failure to correct under FEHA; and (4) defamation. Plaintiff alleges that he was employed by Defendant for over 30 years and ultimately reached the position of Area Manager. However, on March 22, 2019, Plaintiff complained of discrimination, bullying, and harassment by Defendant's Vice President Randy Billingsly. Plaintiff alleges that the harassment and discriminati...
2023.02.23 Motion for Protective Order 226
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2023.02.23
Excerpt: ...ed upon defective service has been waived. The notice of motion does not provide notice of the Court's tentative ruling system as required by Local Rule 1.06(D). Plaintiff is ordered to notify Defendant immediately of the tentative ruling system and the manner to request a hearing. If Plaintiff is unable to contact Defendant prior to hearing, Plaintiff is ordered to appear at the hearing. This is an employment discrimination and retaliation case ...
2023.02.23 OSC Re Compliance with Investigatory Discovery 455
Location: Sacramento
Judge: Sueyoshi, Richard K
Hearing Date: 2023.02.23
Excerpt: ...he Court continue the hearing to allow Petitioner to provide additional evidence relating to the proof of service issue raised by Respondent, notwithstanding the Court's tentative ruling which had found service sufficient based upon the corpus of evidence supplied in Petitioner's original filings. The Court granted Petitioner's request to continue this hearing to this date and allowed the parties to provide supplemental filings on the issue. Both...
2023.02.23 Demurrer 252
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2023.02.23
Excerpt: ... 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 Mr. Kamilchu need not request oral argument. The Litigation Coordinator shall make Mr. Kamilchu available, by Zoom telephonically, at 9:00 a.m. on the date of the continued hearing date, which will be March 7, 2023, to participate in oral argument. To appear o...
2023.02.23 Motion for Judgment on the Pleadings 899
Location: Sacramento
Judge: Sueyoshi, Richard K
Hearing Date: 2023.02.23
Excerpt: ... alleged to have been responsible for vehicle accident causing the loss. Plaintiff's request for judicial notice is granted. Plaintiff's motion to have its request for admissions to Defendant deemed admitted was granted on June 22, 2021. 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 ...
2023.02.23 Demurrer 386
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2023.02.23
Excerpt: ...l (833) 568-8864 and enter the Zoom ID: 16146506749. Defendants J. Lynch and A. Swinney, Jr.'s (collectively, “Defendants”) demurrer to incarcerated plaintiff in pro per Allen Hammler's (“Plaintiff”) Complaint is UNOPPOSED and SUSTAINED with leave to amend. The notice of motion does not provide notice of the Court's tentative ruling system, as required by Local Rule 1.06. Moving counsel is directed to contact Plaintiff and advise him of L...
2023.02.23 Motion for Summary Adjudication 526
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2023.02.23
Excerpt: ...wage, unpaid wages, and breach of contract against Defendants. Plaintiff seeks summary adjudication of his second cause of action against Triangle on the ground Triangle has admitted it failed to pay wages owed. Plaintiff presents the following material facts in support. Triangle employed him beginning in February of 2021 as an employee in the position of interim Chief Financial Officer. (UMFs 2, 3.) Plaintiff worked for Triangle from February 20...
2023.02.23 Motion to Compel Answers 583
Location: Sacramento
Judge: Sueyoshi, Richard K
Hearing Date: 2023.02.23
Excerpt: ...ity discrimination, failure to accommodate, failure to engage in the interactive process, retaliation and failure to prevent discrimination, harassment and retaliation. She also alleges a cause of action for wrongful termination in violation of public policy and defamation. Plaintiff alleges that she had been employed for over ten years and was Defendant's preschool director. She alleges that Defendant terminated her because of her need for medic...
2023.02.23 Motion to Compel Responses 635
Location: Sacramento
Judge: Sueyoshi, Richard K
Hearing Date: 2023.02.23
Excerpt: .... At issue on the instant motion are Plaintiff's responses to Defendant's request for production (set seven). The subject requests relate to documents Plaintiff worked on during therapy or took home from therapy. Defendant also requested calendar entries for the months following June 2018. “On receipt of a response to a demand for inspection, copying, testing, or sampling, the demanding party may move for an order compelling a further response ...
2023.02.23 Motion to Quash Deposition Subpoena 391
Location: Sacramento
Judge: Sueyoshi, Richard K
Hearing Date: 2023.02.23
Excerpt: ...ntiffs allege causes of action against Defendants Justis Development Group, LLC and Ali Copper for intentional and negligent misrepresentation, breach of contract, breach of the covenant of good faith and fair dealing, and common counts. Plaintiffs alleged that they entered an agreement with Defendants pursuant to which Connect Consulting Services agreed to utilize Plaintiffs' connections in the public and private health sectors to assist Defenda...
2023.02.23 Motion to Strike, Demurrer 826
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2023.02.23
Excerpt: ...collectively, “Plaintiffs”) Second Amended Complaint (“2AC”) is DENIED. This action arises from Plaintiffs' stay at Vince's Motel from April 2, 2017, through April 11, 2017. Plaintiffs allege that at the time of their stay the motel had a bedbug infestation and that management was aware of the problem, but failed to notify them of the presence of bedbugs in their room or remedy the problem. Plaintiffs filed this action on April 2, 2019, a...
2023.02.22 Motion to Compel Compliance, for Protective Order 859
Location: Sacramento
Judge: Sueyoshi, Richard K
Hearing Date: 2023.02.22
Excerpt: ..., including the subject Requests for Production Nos. 16, 22, 24 38, and 39. (Thomas Decl., ¶ 3 and Exh A.) Defendant's responses and/or supplemental responses identify certain responsive documents that Defendant agreed to produce “subject to a protective order.” (Thomas Decl., ¶¶ 4, 8 and Exhs. B and F.) However, as the parties were unable to agree on the final terms of a protective order, Defendant has not yet produced the documents. Plai...
2023.02.22 Motion to Compel Arbitration and Stay Proceedings 703
Location: Sacramento
Judge: Sueyoshi, Richard K
Hearing Date: 2023.02.22
Excerpt: ...and the Court's tentative ruling procedure and the manner to request a hearing. If moving counsel is unable to contact opposing parties prior to hearing, moving counsel is ordered to appear at the hearing by Zoom or by telephone. Nissan's request for judicial notice is unopposed and granted. Plaintiffs Ramiro Ramirez and Martha Ramirez filed the instant complaint against Defendant more than two years ago on February 3, 2020. Plaintiffs assert var...
2023.02.22 Motion to Compel Arbitration and Stay Proceedings 294
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2023.02.22
Excerpt: ...nnection with the purchase, he received an express warranty. During the warranty period, the vehicle contained or developed various defects. Plaintiff filed his complaint on August 17, 2022. NNA moves to compel arbitration pursuant to the Retail Installment Sale Contract – Simple Finance Charge (With Arbitration Provision) (“RISC”) which Plaintiff signed with the Dealer. NNA is not a signatory to the RISC. The arbitration provision provides...
2023.02.22 Motion for Summary Judgment, Adjudication 970
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2023.02.22
Excerpt: ...dressed 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. *** Defendant State of California Department of Corrections and Rehabilitation's (“CDCR”) motion for summary judgment, or in the alternative, summary adjudication is ruled upon as follows. CDCR fails to comply with CRC Rule 3.1110(f)(3) which requires that each pap...
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...
2023.02.22 Demurrer, Motion to Strike 378
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2023.02.22
Excerpt: ... Ranganath Pathak, M.D.'s (“Defendant”) demurrer to plaintiff Jane Doe's (“Plaintiff”) First Amended Complaint (“1AC”) is ruled upon as follows. Plaintiff filed her Complaint on April 15, 2022. Plaintiff filed her 1AC on September 16, 2022, alleging the following causes of action: (1) fraudulent misrepresentation; (2) sexual battery; (3) sexual harassment pursuant to Civil Code § 51.9; (4) negligent hiring, supervision, and retention...
2023.02.22 Motion to Compel Production of Docs 079
Location: Sacramento
Judge: Sueyoshi, Richard K
Hearing Date: 2023.02.22
Excerpt: ...d a notice of deposition of WinCo's employee, Erica Gehrke (“Gehrke”), which included a request to produce any reports made of the incident by any person. (Stewart Decl., ¶ 4, Exh. A.) WinCo served an objection to the deposition notice indicating Gehrke prepared a customer accident report but refusing to produce the report on grounds it is privileged. as set forth in Holm v. Superior Court (1954) 42 Cal.2d 500 and Travelers Ins. Co. v. Super...
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 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 Demurrer to FAC 780
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2023.02.21
Excerpt: ...opposition was due on February 6, 2023 based on the February 21, 2023 hearing date. Indeed, Defendant had filed a “reply” that was essentially a notice that no opposition was filed on February 10, 2023. (ROA 27.) The Court has considered Plaintiff's opposition in its ruling to the extent Plaintiff's arguments are applicable, despite the fact that it was untimely filed. Plaintiff filed his original complaint on June 14, 2022. (ROA 1.) He filed...
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 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 to Compel Compliance 958
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2023.02.21
Excerpt: ...leges he was riding as a passenger in a RZR-type vehicle being driven by Defendant Christian Madrigal on the subject real property when the vehicle overturned and caused Plaintiff significant injuries. Plaintiff's complaint lists two causes of action: (1) premises liability and (2) general negligence. The complaint initially named as defendants Christian Madrigal, A.V. Irrevocable Settlement Trust, Cynthia Taylor, and David Taylor. Defendant A.V....
2023.02.21 Motion to File Amended Answer 308
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2023.02.21
Excerpt: ... Defendants with various wage-and-hour causes of action. Defendants filed their answer through their former counsel, Larry M. Kazanjian, on June 26, 2020. (ROA 9.) On July 19, 2022, the Court granted Mr. Kazanjian's motion to withdraw as counsel for Defendants, leaving Defendants briefly unrepresented in this action. (ROA 29.) On October 31, 2022, Defendants' current counsel, Matthew R. Schoech, substituted in as counsel of record. (ROA 38.) At t...
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 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 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 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 Motion for Protective Order 604
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2023.02.16
Excerpt: ... disregarded by the Court. (City of Arcadia v. State Water Res. Control Bd., (2010) 191 Cal.App.4th 156, 180, as modified on denial of reh'g (Jan. 20, 2011).) This action arises out of an auto accident that occurred on June 20, 2018, on Riverside Boulevard in Sacramento when Plaintiff changed lanes in front of Defendant and then slammed on his brakes to avoid geese crossing the road. On December 11, 2020, Plaintiff filed the form Complaint for pe...
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 for Summary Judgment 924
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2023.02.16
Excerpt: ...lleges Defendant breached the lease and has failed to pay the balance due thereunder. Plaintiff moves for summary judgment as to its entire case on the grounds there are no triable issues of material fact and there is sufficient evidence to entitle it to a judgment against Defendant in the amount of $33,516.50. Legal Standard A plaintiff moving for summary judgment meets its burden of showing that there is no defense to a cause of action if that ...
2023.02.16 Motion for Summary Judgment, Adjudication 458
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2023.02.16
Excerpt: ...tiff at Defendant's request. A judge must grant a motion for summary judgment if all the papers submitted show that there is no triable issue as to any material fact and that the moving party is entitled to judgment as a matter of law. (CCP § 437c, subd. (c); Mann v. Cracchiolo (1985) 38 Cal.3d 18, 35) Summary judgment is properly granted only if the moving party's evidence establishes that there is no issue of material fact to be tried. (Lipson...
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 Motion to File TAC 046
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2023.02.16
Excerpt: ...he “Sac Metro Fire Defendants”) alleged failure to diagnose a heart attack suffered by Mr. White on March 29, 2020, after Mrs. White's 911 call, and defendant Dignity Health dba Mercy Hospital of Folsom's (“Dignity Health”) alleged failure to promptly treat said heart attack. Sacramento Metro Fire District, Mr. Kellogg, Mr. Reed, Mr. Gray, and Dignity Health shall be collectively referred to herein as “Defendants”. Plaintiffs filed th...
2023.02.16 Motion to Open Discovery 769
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2023.02.16
Excerpt: ... discovery into any causes of action on the grounds they are not subsumed by the Uniform Trade Secrets Act, and an order declaring that Plaintiff's “Amended Designation of Trade Secrets Pursuant to Code of Civil Procedure Section 2019.210” (“SAD”) (Plaintiff's Exh. 2) complies with § 2019.210. The notice of motion must state in writing the "grounds upon which it will be made." (Code Civ. Proc., § 1010) Only the grounds specified in the ...
2023.02.16 Motion to Strike Portions of FAC 506
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2023.02.16
Excerpt: ... Plaintiff alleges Solomone was driving under the influence and with a suspended license. The vehicle was owned by Defendant. Plaintiff filed the original Complaint on March 1, 2021, and the operative 1AC on November 30, 2022. The 1AC alleges claims for negligence against Solomone and negligent entrustment and owner liability pursuant to Vehicle Code § 17151(a) against Defendant. Plaintiff seeks an award of punitive damages. As to Defendant, Pla...
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...
2023.02.16 Writ of Attachment 500
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2023.02.16
Excerpt: ...d Does 1 to 25 (collectively "Kamilos" or "Defendants") in the amount of $998,432 is DENIED as follows. Objections to Evidence Kamilos' objections to the Declaration of Kenneth Allred are overruled. Factual and Procedural Background On or about January 30, 2020, Plaintiff and Kamilos entered into a settlement agreement (the "Settlement Agreement"), which had an effective date of September 30, 2019, to compensate Plaintiff for unpaid services that...
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 File Amended Complaint 788
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2023.02.15
Excerpt: ...ewear measurement technology for use by optometrists and their offices. (First Amended Complaint (“1AC”) ¶ 8.) VSP alleges PFO was unable to timely meet its obligations causing VSP to exercise its “Step-InRights” under the Agreement and take over various PFO functions, such as hiring and paying third parties to fulfill the development obligations. (1AC ¶¶ 27-31.) VSP alleges because PFO was never able to show it had the resources to pe...
2023.02.15 Motion to Dismiss 902
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2023.02.15
Excerpt: ...s. Plaintiff in pro per Kirk D. Williams (“Plaintiff”) filed this action September 10, 2021 via a form complaint with causes of action for general negligence and intentional tort. On June 14, 2022, the Court sustained Defendant Sacramento County Conflict Criminal Defenders' (“SCCCD”) unopposed demurrer to Plaintiff's complaint. (ROA 30.) The Court also granted Plaintiff leave to file a first amended complaint by July 29, 2022. ( Ibid.) Pl...
2023.02.15 Motion to Compel Further Responses 140
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2023.02.15
Excerpt: ...w and motion matters. *** Plaintiffs' motion to compel Defendant Fedex Ground Package Systems, Inc.'s further responses to request for production of documents, set one, and for further production of documents is ruled upon as follows. Per the Joint Statement, the only RFPs that remain in dispute are RFP Nos. 9-12. RFP No. 9: “Any and all DOCUMENTS constituting insurance policies (including primary and excess policies) under which Responding Par...

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