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6288 Results

Location: Sacramento x
2023.04.04 Motion to Compel Deposition 128
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2023.04.04
Excerpt: ... a series of written agreements between the parties related to the development of solar technology and the sale and installation of solar panels for residential and commercial use. According to Plaintiffs, in 1986, Defendant founded a company called "Total Access Communications, Inc." In 1990, the company was suspended by the California Franchise Tax Board and never revived, and has thus been barred from conducting business since then. In 2013, D...
2023.04.04 Motion for Summary Judgment, Adjudication 966
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2023.04.04
Excerpt: ...s a single cause of action for general negligence. Plaintiff alleges that on October 31, 2019, he was arrested at his home at 2625 Meadowview Road. Plaintiff further alleges that the Sacramento County Sheriff's Deputy who transported him negligently secured him in the back of the vehicle, and when the Deputy had to slam on the brakes, Plaintiff was thrown forward, hitting his head on the plexiglass divider and injuring his head, neck, and upper b...
2023.04.04 Demurrer 123
Location: Sacramento
Judge: Sueyoshi, Richard K
Hearing Date: 2023.04.04
Excerpt: ... Ford filed the demurrer. Boyd contends both the filing and service of the demurrer were"" ineffective and therefore the demurrer should be overruled in its entirety. However, the declaration of Ford's counsel reflects multiple attempts to meet and confer prior to filing of the moton but that defendant did not respond to Ford's correspondence. (See Decl Dean, dated October 19, 2022.) Therefore, the Court finds that the meet and confer was adequat...
2023.04.04 Demurrer 019
Location: Sacramento
Judge: Sueyoshi, Richard K
Hearing Date: 2023.04.04
Excerpt: ... Plaintiff after the Court's approval of the parties' stipulation. (ROA 255.) According to the Register of Actions, the 5AC appears only as Exhibit A to the parties' stipulation. (ROA 255.) For the future, the Court directs the parties that in any instance where a stipulated order is sought for the filing of a pleading, upon Court approval of such stipulation, the pleading at issue must be separately filed thereafter. Nonetheless, here, it clearl...
2023.04.04 Motion for Terminating Sanctions 244
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2023.04.04
Excerpt: ...8, 2022, Defendants filed a motion to compel Plaintiff's further responses to various written discovery sets. (ROA 364.) The moton sought further responses to the followng discovery: (1) Dr. Haddadan's Form Interrogatories, Set One, Nos. 12.1 and 17.1; (2) Dr. Haddadan's Special Interrogatories, Set One, Nos. 2, 5-6, 12, 13, 16, 19, 22, 25, and 28 (3) Dr. Haddadan's Request for Admissions, set one, Nos. 5-14, 23-36, and 32; (4) Advanced Pain's Re...
2023.03.30 Motion to Compel Deposition of PMK 230
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2023.03.30
Excerpt: ...laintiff filed her Complaint against Defendant on February 7, 2022. Defendant filed its Answer to the Complaint on June 28, 2022. Trial is currently scheduled for April 15, 2024. By this motion, Plaintiff seeks to compel Defendant to produce its Person(s) Most Knowledgeable ("PMK") and documents responsive to Plaintiff's Notice of Deposition of Piaggio Group Americas, Inc.'s Person(s) Most Knowledgeable, With Production of Documents, pursuant to ...
2023.03.30 Motion to Compel Compliance 504
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2023.03.30
Excerpt: ...OSED and GRANTED. Plaintiffs' request for judicial notice of all pleadings and papers filed in this achon is granted. In taking judicial notce of these documents, the court accepts the fact of their existence, not the truth of their contents. (See Professional Engineers v. Dep't of Transp. (1997) 15 Cal.4th 543, 590 [judicial notice of findings of fact does not mean that those find-ngs of fact are true]; Steed v. Department of Consumer Affairs (2...
2023.03.30 Motion for Judgment on the Pleadings 909
Location: Sacramento
Judge: Mennemeier, Kenneth
Hearing Date: 2023.03.30
Excerpt: ...iffs allege causes of action for breach of contract and breach of the implied covenant of faith and fair dealing against Nationwide. They also allege a negligence cause of action against Nationwide, Bullseye Leak Detection, Inc., and American Leak Detection, Inc. They also allege a professional negligence cause of action against Nationwide and Ali Moradi. Plaintiffs allege they filed claims under their homeowners' with Nationwide regarding the wa...
2023.03.30 Demurrer to FAC 564
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2023.03.30
Excerpt: ...") (collectively, "Plaintiffs") First Amended Complaint ("IAC") is ruled upon as follows. Defendants' request for judicial notice is granted. Factual and Procedural Background This action arises out of lease agreement entered into between NRH and Khyber LLC to lease the premises located at 1014 Riley Street, Suite 1, in Folsom, California (the "Premises") for a term of 10.5 years (the "Lease"). (IAC 16, Exh. A.) Mr. Ahmadzai executed a guaranty o...
2023.03.30 Demurrer 395
Location: Sacramento
Judge: Mennemeier, Kenneth
Hearing Date: 2023.03.30
Excerpt: ...states, LLC (2007) 152 Cal.App.4th 1106, 1117-18.) However, the Court does not accept the truth of any facts within the judicially noticed documents except to the extent such facts are beyond reasonable dispute. (ld.) In this action Plaintiff Monica Mitchell alleges numerous causes of acton against Defendant arising out of allegations that Defendant committed sexual assault and battery against her during medical treatment. Plaintiff also alleges ...
2023.03.29 Motion to Charge Interest 804
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2023.03.29
Excerpt: ...709.310 and Corporations Code section 17302 ("Section 17302"), Plaintiff argues that the Court should enter an order against Defendant, applying Defendant's interests in LSP toward the satisfaction of Plaintiff's Judgment against Defendant. Defendant opposes the motion. In opposition, also citing to Section 17302, Defendant argues that the Court can only charge the "assignable" membership interest of the judgment debtor to satisfy the judgment. p...
2023.03.29 Demurrer to FAC 554
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2023.03.29
Excerpt: ...as indicated the incorrect address in its notice of motion. The correct address for Department 54 of the Sacramento County Superior Court is 813 6th Street, Sacramento, California 95814. Moving Party's notice of motion does not provide notice of the Court's tentative ruling system, as required by Local Rule 1.06. Counsel for Moving Party is directed to contact the opposing party and advise counsel of Local Rule 1.06 and the Court's tentative ruli...
2023.03.29 Demurrer, Motion to Strike 663
Location: Sacramento
Judge: Mennemeier, Kenneth
Hearing Date: 2023.03.29
Excerpt: ... Department of ("CalTrans") demurrer to the first, second, third, fourth, fifth, sixth, seventh, and tenth causes of action of Plaintiff Jennifer Gagnon's ("Plaintiff") first amended complaint ("FAC") is ruled upon as follows. Overview This is an employment action. Plaintiff alleges that CalTrans hired her on June 2015 as an environmental planner in the Oakland office. (FAC, '1 18.) Plaintiff became pregnant in September 2015. She alleges that he...
2023.03.29 Motion for Summary Judgment, Adjudication 253
Location: Sacramento
Judge: Mennemeier, Kenneth
Hearing Date: 2023.03.29
Excerpt: ... a challenge to temporary regulations promulgated by CDCR that award inmates sentence-reducing credits for sustained good behavior, educational achievements, and participation in rehabilitative programming. CDCR adopted the regulations in accordance with Proposition 57, passed in 2016, which added Article l, section 32 to the California Constitution. Article l, Section 32 authorizes and directs the CXR to adopt regulations that award credits for ...
2023.03.29 Motion to File Amended Complaint 237
Location: Sacramento
Judge: Mennemeier, Kenneth
Hearing Date: 2023.03.29
Excerpt: ... ("OCIC") and makes various other changes to clarify and organize the pleading. (See Notice; Plaintiff's Exh. 1.) As a general matter, "[tlrial courts are vested with the discretion to allow amendments in the furtherance of justice... That trial courts are to liberally permit such amendments, at any stage of the proceeding, has been established policy in this state...restng on the fundamental policy that cases should be decided on the merits." (H...
2023.03.29 Motion to Compel Production of Docs 910
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2023.03.29
Excerpt: ...nty of Sacramento ("Defendant" and/or "County") produced the sought-after dtNument responsive to that RFP, so Plaintiff states in his reply that "the motion as to Request No. 171 is moot." (Reply 2:14-16.) The Court further notes that it did not consider the Declaration of Jill Telfer and the exhibits attached thereto filed in reply as they comprise new evidence to which Defendant has not had an opportunity to (See, e.g., Jay v. Mahaffey (2013) 2...
2023.03.29 Motion to Compel Signing of Medical Authorizations 556
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2023.03.29
Excerpt: ...lda Guerrero; Emiliano Guerrero, a minor, by and through his guardian ad litem, Esmeralda Guerrero; and Plaintiff JPG (collectively "Plaintiffs") allege injuries and damages. (See generally Comp'.) Pertinent here, Defendant highlights that Plaintiff JPG identified in his responses to form interrogatories that his injuries include "[e]motional and mental distress affecting Plaintiffs body and mind, including as manifested through sadness, anxiew, ...
2023.03.29 Motion to Lift Stay on Court Proceedings 773
Location: Sacramento
Judge: Mennemeier, Kenneth
Hearing Date: 2023.03.29
Excerpt: ...ompel arbitration as to Elk Grove Dodge but denying the motion to compel arbitration as to FCA (Sohal Decl., Exh. 1.) The Court's order also stayed the action pending resolution of the arbitration. (Ibid.) On December 8, 2022, Plaintiff voluntarily dismissed the claims against Elk Grove Dodge. (Sohal Decl., Exh. 2) Plaintiff now requests the Court lift the stay so that Plaintiff may proceed with its claims against FCA. Defendants oppose the moton...
2023.03.29 Petition to Compel Arbitration 501
Location: Sacramento
Judge: Mennemeier, Kenneth
Hearing Date: 2023.03.29
Excerpt: ...s required by Local Rule 1.06(D). Counsel for Defendant is ordered to notify Plaintiffs' counsel immediately of the tentative ruling system and to be available at the hearing, in person or by telephone, in the event Plaintiffs' counsel appears without following the procedures set forth in Local Rule 1.06(B). The Court further notes counsel for Defendant has failed to comply with this rule on prior similar motions in other matters. Counsel is dire...
2023.03.28 Motion to Vacate Dismissal and Enter Judgment 856
Location: Sacramento
Judge: Krueger, Christopher E
Hearing Date: 2023.03.28
Excerpt: ...e parties outside of the presence of the court or orally before the court, for settlement of the case, or part thereof, the court, upon motion, may enter judgment pursuant to the terms of the settlement." (CCP S 664.6(a).) This is a debt collection action. Plaintiff and Defendant Wee S. Chong ("Defendant") entered into a written settlement agreement on October 7, 2022. (Mulhorn Decl., 3, Exh. 1 (hereafter, "Settlement Agreement").) Plaintiff file...
2023.03.28 Motion to Strike Punitive Damages Allegations 623
Location: Sacramento
Judge: McFetridge, James
Hearing Date: 2023.03.28
Excerpt: ...led upon as follows. Opposing counsel failed to comply with CRC Rule 3.1110(b)(3)-(4). Factual Background This achon arises out of a 2020 motor vehicle accident on Interstate 5 in Elk Grove. According to the IAC, defendant Vargas-Zaragoza was at the time driving his employer's Ford F-150 with a load of rebar and lost control, striking several other vehicles. The IAC includes an "Exemplary Damages Attachment" which includes inter alia the followin...
2023.03.28 Motion to Dismiss for Failure to Prosecute 099
Location: Sacramento
Judge: McFetridge, James
Hearing Date: 2023.03.28
Excerpt: ... for plaintiffs' failure to bring it to trial within three years of commencement is ruled on as follows. 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 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...
2023.03.28 Motion to Compel Deposition 797
Location: Sacramento
Judge: McFetridge, James
Hearing Date: 2023.03.28
Excerpt: ...Court's tentative ruling system, as required by Local Rule 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 in person, by Zoom or by telephone. Moving counsel failed to comply with CRC Rule 3.111...
2023.03.28 Motion to Compel Attendance and Testimony at Deposition 699
Location: Sacramento
Judge: McFetridge, James
Hearing Date: 2023.03.28
Excerpt: ...ailed to comply with CRC Rule 3.1110(b)(3). Opposing counsel failed to comply with CRC Rule 3.1110(b)(4). Factual Background This action arises out of plaintiff's investments in defendants' business. The complaint filed on 8/24/2020 asserts causes of action for breach of contract, common counts, fraud, conversion and various statutory violations. Trial is currently set to commence on 5/9/2023 and this motion has been specially set on shortened ti...
2023.03.28 Motion for Summary Judgment, Adjudication 861
Location: Sacramento
Judge: McFetridge, James
Hearing Date: 2023.03.28
Excerpt: ...oton does not provide the correct address for Dept. 53/54. Moving counsel failed to comply with CRC Rule 3.1350(b) and (h), requiring that issues presented for summary adjudication be stated in the notice of motion and repeated verbatim in the separate statement. Although the notice of motion provided notice of the Court's tentative ruling system as required by Local Rule 1.06(D), the notice does not comply with that rule. Moving counsel is direc...

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