Excerpt: .../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 Court notes that while IRS filed a Notice of Motion to Strike on 4/25/2022, no corresponding memorandum of points & authorities or declaration was filed on or after that date. Instead, accordi...

Excerpt: ...f moving defendants' seven (7) Undisputed Material Facts, which of plaintiff's own 14 Additional Material Facts, and/or which of the parties' written objections to evidence will be addressed at the hearing. The parties should be prepared to point to specific admissible evidence which is claimed to show the existence or non‐existence of a triable issue of material fact. *** Moving counsel failed to comply with CRC Rule 3.1350(b) and (h), requiri...

Excerpt: ... not provide the correct address for Dept. 53/54. 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, along with the correct address for Dept. 53/54. 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 doe...

Excerpt: ...ically, call (833) 568‐8864 and enter the Zoom ID: 16146506749. Defendants State of California (the "State"), Governor Gavin Newsom ("Newsom"), and California Department of Corrections and Rehabilitation's ("CDCR") (collectively, "Defendants") demurrer to plaintiffs Paul Christopher ("Paul") and Carrea Christopher's ("Carrea") (collectively, "Plaintiffs") First Amended Complaint is SUSTAINED without leave to amend. Plaintiffs have filed a reque...

Excerpt: ...nd/or causes of action discussed below will be addressed at the hearing. Counsel are also reminded that pursuant to local rules, only limited oral argument is permitted on law and motion matters. *** Factual Background This action arises from a business dispute relating to the production of metal sheets used a “top skins” for “optical tables” manufactured by Newport, a subsidiary of MKS. Plaintiff Hogan Mfg., Inc. (“Hogan”) commenced ...

Excerpt: ...t Guardian Estate Investments, LLC's (“Guardian”) motion for an order compelling plaintiffs David Stewart (“Stewart”), Decision Detective Corporation (“Decision Detective”), and the D & H Stewart Family Limited Partnership (“Stewart FLP”) (collectively, “Plaintiffs”) to provide further, code‐compliant responses to Guardian's Requests for Production, Set One, and to compel compliance with Plaintiffs' stated agreement to produ...

Excerpt: ...n with Defendant's selection to purchase Plaintiff's membership interest is GRANTED as follows. This action arises out of plaintiff Victoria J. Straine's (“Plaintiff”) claims related to the formation and management of EVS with Defendant, her brother. Plaintiff's and Defendant's father passed away in 2012, dividing his estate equally between Plaintiff and Defendant. After the assets were divided, the estate was left with approximately $4,000,0...

Excerpt: ...t James Hoblitzell IV, for the purchase of a Mini Mart. In September 2001, Defendant demanded that Plaintiffs sign a Promissory Note and Deed of Trust to secure monthly payments for the purchase. Plaintiffs allege Defendant threatened and coerced them to sign the Promissory Note and Deed of Trust. In March 2005, Defendant caused a Notice of Default to be recorded and began foreclosure proceedings. Plaintiffs initiated litigation against Defendant...

Excerpt: ...drix Moreno Montecastro within 48 hours of receiving it. The hearing date shall automatically be continued to June 2, 2022, at 9:00 a.m. in this Department for oral argument. The continuance date is an appearance required hearing so no party needs to request oral argument. The litigation coordinator shall make Mr. Montecastro available by Zoom to participate in oral argument at 9:00 a.m. on the continued hearing date. Department 54's Zoom ID is: ...

Excerpt: ...tice Defendants' request for judicial notice of the Memorandum of Understanding between DGS and JRC (the “MOU”) and the California Department of General Services' Notice of Determination (“NOD”) of an environmental impact report is granted. Although the court may take judicial notice of the existence of these documents, it cannot take judicial notice of the truth of the contents of those documents or consider the parties' interpretation o...

Excerpt: ...ated it would be several weeks before the draft would be completed. The Court continued the matter to 05/25/2022 at 9:00 a.m. in this department. Plaintiff is to submit the estimate of costs of noticing the class to defendant and file the estimate with the court. Counsel shall also prepare a protective order for signature, as it needs to be in place prior to the class notice being mailed out. There will be no further briefing allowed except on th...

Excerpt: ...f plaintiff Gregory Ross' (“Plaintiff”) fractured neck and spinal cord injury, resulting in paralysis and mental and physical incapacity. Defendant moves for summary judgment on the ground Plaintiff cannot establish breach of the applicable standard of care and Defendant did not cause or contribute to Plaintiff's claimed injuries. In evaluating a motion for summary judgment the court engages in a three step process. First, the Court identifie...

Excerpt: ...y 13, 2018. The operative Second Amended Complaint (“2AC”), filed on April 15, 2019, alleges the following four causes of action against FMC and other defendants: (1) negligence, (2) trespass, (3) nuisance, and (4) strict liability ‐ ultrahazardous activity. Plaintiffs allege in or around March or April of 2017, defendant Alpine Helicopter Service, Inc. (“Alpine”) aerially applied a mixture of herbicides, including Shark EW manufactured...

Excerpt: ...“[s]trike out any irrelevant, false, or improper matter inserted in any pleading” as well as “all or part of any pleading not drawn or filed in conformity with the laws of this state.” (CCP § 436, subds. (a) and (b).) Motions to strike are disfavored. Courts considering such motions must presume the allegations contained therein are true and must consider those allegations in context. (Clauson v Superior Court (1998) 67 Cal.App.4th 1253,...

Excerpt: ...f a motor vehicle accident that occurred on November 16, 2016. Plaintiff Sharon Hawkins (“Plaintiff”) filed her Complaint on November 16, 2018. Defendant has not been served with the Summons and Complaint and now moves to dismiss the action under Code of Civil Procedure section 583.210, subdivision (a). That subdivision provides: "[T]he summons and complaint shall be served upon a defendant within three years after the action is commenced aga...

Excerpt: ...nd opposing counsel at the time of the request which of moving defendants' 101 Undisputed Material Facts, which of opposing plaintiff's 134 Additional Material Facts, and/or which of moving defendants' 109 objections to evidence will be addressed at the hearing. The parties should be prepared to point to specific admissible evidence already in the record which is claimed to show the existence or non‐existence of a triable issue of material fact...

Excerpt: ... that will be addressed at the hearing. Counsel are also reminded that pursuant to local rules, only limited oral argument is permitted on law and motion matters. *** Neither the White Declaration in opposition nor the Zhang Declaration in reply was not considered because such “extrinsic evidence” is beyond the limited scope of what this Court may properly consider in connection with this demurrer: Those facts properly alleged in the challeng...

Excerpt: ...ng to PAUL CHRISTOPHER 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 PAUL CHRISTOPHER need not request oral argument. The Litigation Coordinator shall make PAUL CHRISTOPHER available, by Zoom telephonically, at 9:00 a.m. on the date of the continued hearing date, which will be May 31, 2022,...

Excerpt: ...amilybased dispute between Plaintiffs Muhammad Younas Malid and Nazia Jabeen Iqbal and Ms. Iqbal's siblings, Shazia Jabeen, Moshan Iqbal, and Ashan Iqbal. The disputes between the siblings regarding their father, Zafar Iqbal, and his care and property have been ongoing for over six years in both this Court and the Yolo County Superior Court. In 2019, Defendants represented Shazia Jabeen in an already‐filed Petitioner for Conservatorship over th...

Excerpt: ...rs. Plaintiff alleges that Marshall transferred interest of the real and personal property to her. Relying on Defendant's alleged representations, Plaintiff undertook modifications and improvements to the property with Defendant's knowledge. Thereafter, Defendant and co‐owner Kim Gavin Marshall demanded Plaintiff and her daughters vacate the property and instituted an unlawful detainer action. Plaintiff filed this action on January 6, 2022, all...

Excerpt: ... enter the Zoom ID: 16146506749. Plaintiff TBF Financial I, LLC's (“Plaintiff”) motion for terminating sanctions against defendant in pro per Arnold Butler aka Arnold Devonne Butler aka Arnold Devonnea Butler (“Butler”) is UNOPPOSED and GRANTED as follows. On September 30, 2021, this Court granted Plaintiff's unopposed motion to compel responses to discovery requests and to deem matters admitted. The Court ordered Defendant to serve verif...

Excerpt: ...TS Plaintiff presents the following facts in its separate statement: Defendant Benny Penrose applied to Plaintiff for a credit card account and entered into a written credit card account agreement with plaintiff for the account number ending in 6518 (the "Account"). (UMF 1, 10.) Defendant agreed to be bound by the terms and conditions set forth in the Cardmember Agreement when the defendant applied for, received or used the credit card account, w...

Excerpt: ...e of discovery in this case, Ms. Bennett has repeatedly sought to depose Mr. Magby, starting in October 2021, when Ms. Bennett served Mr. Magby with a Notice of Deposition, designating a deposition date of November 8, 2021. On the day of deposition, Mr. Magby's counsel stated that he was unaware of the deposition and that Mr. Magby would not appear. Ms. Bennett promptly served a First Amended Notice of Deposition, setting a new deposition date of...

Excerpt: ...endant In Self Storage 16, LLC dba In RC Storage South Sacramento's (“RC Storage”) demurrer to Cross‐Complainant Steven M. Vanderlick, dba Mach One Towing's (“Mach One”) Cross‐Complaint is ruled upon as follows. Overview In this action, pro per plaintiff Willis (“Willis”) alleges that he stored his 2004 Fleet Camper (“Camper”) at RC Storage's facility. Willis alleges that despite being current on his monthly payments, RC Stora...

Excerpt: ...t 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. 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.” Thus, CCP § 664.6 allows the Court upon motion to enter judgment pursuant to the terms of a settlement where the parties st...