Excerpt: ... she invested a substantial part of her retirement savings with defendant Kevin Terry (“Mr. Terry”) and his LLCs. She alleges that she did not receive any of her investment back and that Mr. Terry drained the money and assets of the LLCs by paying himself, co‐defendant Karan Terry (“Ms. Terry”), and his related entities. Plaintiff filed a First Amended Complaint (“FAC”) on July 1, 2019, which added causes of action for violations of...

Excerpt: ...ant Fish & Wildlife; (2) trespass against the Conservancy; (3) private nuisance against the Conservancy; and (4) premises liability against the Conservancy. The complaint alleges the following. The Conservancy is a charitable environmental organization whose mission is to conserve the lands and waters on which all life depends. In 2014, the Conservancy constructed the Lower Consumnes River Floodplain Restoration Project (the "Project"), restoring...

Excerpt: ...icipate in any oral argument on the continuance date. Defendant Jennifer Shaffer's demurrer to self‐represented Plaintiff Reginald Wheeler's First Amended Complaint (FAC) is sustained. The Court notes that Plaintiff's Opposition was not timely filed and served pursuant to Code of Civil Procedure section 1005(b). The Court, however, exercises its inherent and authority and discretion and has considered the Opposition, particularly in light of De...

Excerpt: ...f the real property involved in this partition action. The current tenant who owns 50% of the property remains on the property and is not cooperating with the receiver's attempts to sell the house. Paragraph 9 of the Court Order appointing the receiver provides that: "9. The Referee shall have the authority to enter the Property upon providing proper notice to the occupants and to evict any tenant or occupant of the Property in order to facilitat...

Excerpt: ...ument, by CourtCall, on January 21, 2020 at 2:00 p.m. Defendant shall also be available to participate in oral argument on the continuance date. Defendant Scott Kernan's motion to require Plaintiff Alonzo Joseph to post security in the amount of $6,820 as a vexatious litigant before proceeding with this action is ruled upon as follows. Defendant's request for judicial notice is granted. In his complaint, Plaintiff alleges that in 2005 he was a 29...

Excerpt: ...ice of motion does not provide notice of the Court's tentative ruling system as required by Local Rule 1.06(D). Moving defendant's counsel is ordered to notify Plaintiff immediately of the tentative ruling system and to be available at the hearing, in person or by telephone, in the event Plaintiff appears without following the procedures set forth in Local Rule 1.06(B). This action arises from the employment and subsequent termination of Plaintif...

Excerpt: ...version, private nuisance and interference with contract. The action arises from an alleged agricultural joint venture doing business as W.U.R.M. Assets, LLC, between Plaintiff Umashankar and Defendant Brian Radoo, Defendant Bobby Mohamed, and Scott Wallace. It is alleged that on May 10, 2018, that Defendants came to the property and began screaming, cursing and threatening them, locked up their dogs, brandished a gun and indicated that more guns...

Excerpt: ... 3.1113(d). Again, Defendants did not obtain an order from the Court allowing them to file such an oversized opposition memorandum. This is true despite the fact that the Court's previous ruling on the demurrer to the FAC cautioned Defendants that their failures to comply with the CRC could lead to the Court declining to consider their papers, or the entirety therof. The Court reluctantly considered the entirety of Defendants' memorandum, but may...

Excerpt: ...in, Defendants did not obtain an order from the Court allowing them to file such an oversized opposition memorandum. This is true despite the fact that the Court's previous ruling on the demurrer to the FAC cautioned Defendants that their failures to comply with the CRC could lead to the Court declining to consider their papers, or the entirety thereof. The Court reluctantly considered the entirety of Defendants' memorandum, but may not do so in ...

Excerpt: ... proposed new tentative ruling and will set this matter for hearing on January 8, 2020 and will allow further briefing by the parties on the proposed new tentative ruling. After the tentative ruling posted, the Court received [late‐filed] Plaintiff's Second Request for Judicial Notice which contained the California Supreme Court website docket listing for the matter of Ferra v. Loews Hollywood Hotel, No. S259172, indicating that a Petition for ...

Excerpt: ...on to compel Defendant to provide full and complete responses to certain requests for production (set one) and produce responsive documents corresponding to those requests. Requests nos. 17 and 20‐25 relate to Defendant's investigations and analysis regarding the defects. Requests 7, 50 ‐52, and 65 relate to Defendant's warranty and repurchase policies. The Court's Order of 8/9/19 expressly overruled Defendant's objections to the requests for...

Excerpt: .../or Crossroads Facility Services (collectively “Crossroads”). He claims that Crossroads reduced his hours and then terminated him because of his religion (Christian) and/or because he complained of discrimination. His complaint contains three causes of action: (1) religious discrimination in violation of the Fair Employment and Housing Act (“FEHA”); (2) retaliation in violation of FEHA; and (3) wrongful termination. Crossroads has now mov...

Excerpt: ...18. No other extrinsic evidence can be considered. Ion Equipment Corp v Nelson (1980) 110 Cal.App.3d 868, 881. Therefore, the Court does not consider extrinsic evidence in ruling on whether a pleading is sufficient on its face. The Plaintiff filed a 36 page opposition on August 26. No opening or responding memorandum may exceed 15 pages, without advance court permission. CRC 3.1113 (d). No permission to exceed page limitations was sought or obtai...

Excerpt: ...tiary objections are sustained for the reasons stated therein. Plaintiff notes that the motion was not timely served (16 court days plus four calendar days instead of five calendar days) however plaintiff has responded on the merits and the court will rule on the merits of the motion despite its untimeliness. See, e.g. Carlton v. Quint (2000) 77 Cal.App.4th 690, 696‐698; Cowan v. Krayzman (2011) 196 Cal. App. 4th 907, 918. This action arises fr...

Excerpt: ...r the death of Erica Hann under the theory of respondeat superior because its employee, defendant Rumberger, was acting in the course and scope of employment at the time of the fatal accident. In this wrongful death action Tyler Rumberger fatally injured Erica Hann at approximately 11:44 a.m. on April 24, 2018. Rumberger was driving has 2017 Ford F150 pick‐up truck and hit Hann as she was crossing Grasslands Drive within the north cross‐walk ...

Excerpt: ...that Jade Nicole is a registered process server. The summons given to Mr. Hardiman was left completely blank. That is, in section 1 of the summons, there was no indication in the notice to person served as to whether the service was made to an individual defendant or on behalf of another party. Further, there is no indication as to the manner of delivery. Subsequently, on or about May 2, 2019, Jade handed an identical set of papers to Greg Voetsc...

Excerpt: ...CA”) based upon allegations that defendants Kaiser Foundation Health Plan, Inc. (“Kaiser”) and KP Cal were over billing Medi‐Cal by millions of dollars per month. Specifically, Plaintiff alleges Defendants were collecting monthly insurance premiums from Medi‐Cal for patients who Defendants were already receiving monthly insurance premiums for, from another source. Plaintiff has also alleged personal claims for breach of contract, breach...

Excerpt: ...aina Mensah‐Paul alleged causes of action against Defendants Calfox, Inc., et al. for negligence and premises liability in connections with injuries she sustained when she allegedly tripped and fell on a curb in Defendants' parking lot. The Court issued a tentative ruling granting Defendants' motion for summary judgment. Plaintiff did not file a written opposition to the motion. However, she appeared at the May 30, 2019 hearing and the Court to...

Excerpt: ...ion arguing insufficient notice of the motion was provided, but this argument was not raised in the memorandum in opposition and Cross‐Complainant provided a substantive opposition, thereby demonstrating no prejudice has been suffered due to any defective service. Therefore, the Court need not drop this motion for defective service. The Court also notes Cross‐Complainant miscalculated the opposition's due date as August 26, 2019. Nine Cou...

Excerpt: ... against a number of her properties in order to fund his cannabis business. Plaintiff alleges that various hard money lenders, financial institutions, escrow/title companies, and mobile notary services are liable for various causes of action with respect to the financial transactions. Nott is one of the mobile notary defendants. Plaintiff filed the SAC on June 18, 2019, alleging the following ten causes of action: (1) declaratory relief; (2) canc...

Excerpt: ...s not provide notice of the Court's tentative ruling system as required by with C.R.C., Rule 3.1308 and Local Rule 1.06(D). Local Rules for the Sacramento Superior Court are available on the Court's website. Counsel for moving party is ordered to notify opposing party immediately of the tentative ruling system and to be available at the hearing, in person or by telephone, in the event opposing party appears without following the procedure...

Excerpt: ...hich provides that a bank may only charge against a customer's account an item that “is properly payable from that account” meaning that it is “authorized by the customer and is in accordance with any agreement between the customer and the bank.” (Comm. Code § 4401(a).) Plaintiff alleged that Umpqua charged its account in the amount of $154,811.28 based on a check written to and signed by Corrine Rankin, who it alleged was not authorized...

Excerpt: ... failed to provide him commissions on certain jobs, and failed to provide him information to verify GCCR's commission totals. At issue on this motion are GCCR's responses to Plaintiff's request for production Nos. 7‐14 and 20 which relate payments to certain parties and scopes of work and other documents related to the calculation of Plaintiff's commissions. GCCR interposed the identical objection to requests 7‐14: “Objection. This request ...

Excerpt: ...f good faith and fair dealing, tortious breach of the implied covenant of good faith and fair dealing and “bad faith” in connection with allegations that Defendant failed to honor a vehicle theft insurance contract. Plaintiff alleges that her vehicle was stolen and that Defendant improperly denied her claim under the insurance policy. Defendant moves for summary judgment/adjudication. Trial was set for September 16, 2019, but the Presiding Ju...

Excerpt: ...able complaint under the California False Claims Act (“CFCA”). “The court shall limit the scope of discovery if it determines that the burden, expense or intrusiveness of that discovery clearly outweighs the likelihood that the information sought will lead to the discovery of admissible evidence. The court may make this determination pursuant to a motion for protective order by a party or other affected person.” (CCP § 2017.020(a).) “[...