Excerpt: ...otion does not provide notice of the Court's tentative ruling system, as required by Local Rule 1.06. Moving counsel is directed to contact Plaintiffs' counsel and advise counsel 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 Plaintiffs' counsel prior to hearing, moving counsel is ordered to appear at the hearing via Zoom or by telephone. This is a personal...

Excerpt: ...anner to request a hearing. If moving counsel is unable to contact Defendant's counsel prior to hearing, moving counsel is ordered to appear at the hearing via Zoom or by telephone. Background This is lemon law action filed by Plaintiff Bryant Suggs (“Plaintiff”) against Defendant FCA US LLC (“Defendant”). On November 23, 2021, this matter came on for scheduled trial. According to the Court's November 23, 2021 minute order (“November 23...

Excerpt: ...prior to the hearing, GM's counsel shall be available at the hearing, by Zoom as stated in the introductory NOTICE to today's Tentative Rulings, in the event opposing counsel appears without following the procedures set forth in Local Rule 1.06(B). GM's demurrer to Plaintiff Jesus Ceja's (“Plaintiff”) sixth cause of action for fraud by omission is OVERRULED as follows. Factual Background This action arises from Plaintiff's October 10, 2019 pu...

Excerpt: .... (“Wells Fargo”). According to the FAC, Plaintiffs are the parents of Decedent Deniece Abraham (“Decedent”). On November 27, 2019, (1) Wells Fargo negligently entrusted and permitted Malbrough, a Wells Fargo employee, to operate a Nissan Altima; (2) Wells Fargo knew or should have known that Malbrough was incompetent and unfit to operate the vehicle; (3) Wells Fargo used Malbrough as the driver of its ride‐ sharing transportation servi...

Excerpt: ...e of Motion does not provide notice of the Court's tentative ruling system, as required by Local Rule 1.06(D). FCA's counsel is directed to contact opposing counsel forthwith to advise counsel of Local Rule 1.06 and the Court's tentative ruling procedure. If FCA's counsel is unable to contact opposing counsel prior to the hearing, FCA's counsel shall be available at the hearing, by Zoom as stated in the introductory NOTICE to today's Tentative Ru...

Excerpt: ...ss in its notice of motion. The correct address for Department 54 of the Sacramento County Superior Court is 813 6th Street, Sacramento, California 95814. Plaintiff shall notify Defendants immediately. This action arises out of the 2016 death of the minor Plaintiff's father, Milton Beverly, Jr. (“Beverly”) who was at the time a prison inmate. Plaintiff's original theory of liability against defendant California Department of Corrections and R...

Excerpt: ...ed relevant by the Court in making its ruling on the instant motion. Factual Background Plaintiff alleges claims for trespass, nuisance, assault, interference with economic advantage, and related claims arising out of Defendant Justin Capella's (“Defendant”) alleged interference with Plaintiff's property. Plaintiff is the owner of a condominium building project known as Mystique ("Project"), located at 3007 Enchanted Walk, Sacramento, Califor...

Excerpt: ...ent action arising out of Plaintiff's employment with Defendant. Plaintiff has worked as a Sheriff Officer for over 25 years and is still currently employed. He was accused of harassment in 2016 by an employee and received a Letter of Reprimand (“LOR”) that was removed two years later. Plaintiff alleges he received assurances that the LOR would not adversely affect his career, but the LOR has prevented him from promoting. Plaintiff alleges he...

Excerpt: ...up, LLC dba Residence Inn by Marriot Chico; Starwood Capital Group Global 1, LLC; and Marriott International, Inc. Plaintiffs field a First Amended Complaint on September 21, 2020, identifying, among others, Unicontrol as defendant Doe No. 6. (ROA 146.) Plaintiffs' action arises from their stay at the Residence Inn by Marriott in Chico on the night of July 26, 2017. Plaintiffs allege they were exposed to carbon monoxide due to one or more of thre...

Excerpt: ...r Judicial Notice of the First Amended Complaint is GRANTED. BACKGROUND According to Plaintiff's First Amended Complaint (“FAC”), in October 2018, the parties entered into a written commercial lease (“Lease”) whereby Plaintiff would lease to Defendant certain retail space (“the Premises”) in the Crocker Village Shopping Center in Sacramento for the operation of a pizza business. The Lease also included the construction of the Premises...

Excerpt: ...3 6th Street, Sacramento, California 95814. Defendants shall notify Plaintiff immediately. Plaintiff filed the Complaint for professional negligence on September 22, 2021. Generally, the Complaint alleges Defendants performed services for Plaintiff between 2010 and 2020 and he has now been damaged via tax penalties and audits because Defendants breached the standard of care for accountants. Defendants demur to the first and only cause of action f...

Excerpt: ...ion Plaintiff alleges causes of action against Defendant in its first amended complaint (“FAC”) for breach of contract, misappropriation of trade secrets and “larceny” in connection with allegations that Defendant, an engineer formerly employed by Plaintiff, went to work for Alpha Elevator Control, Inc. (“Alpha”) a direct competitor. Plaintiff alleges Defendant downloaded and copied nearly 26,000 files from its computers to his person...

Excerpt: ...ant to CCP § 170.1(a)(6)(A)(i) on March 25, 2022. In this action Plaintiff alleges causes of action against Defendants for misappropriation of trade secrets, breach of contract, breach of fiduciary duty, conversion, “larceny,” unfair competition, and tortious interference with contractual relations. The Court must note that the first amended complaint (“FAC”) referred to by the parties does not yet appear in the Court's file, only the or...

Excerpt: ...service on December 17, 2021. Default was entered on January 4, 2022. Default judgment was entered on January 24, 2022. Defendant now moves for mandatory relief due to attorney mistake pursuant to CCP §473(b). In support of the motion, Defendant's counsel, Stephen Lopez states: “2. On or about December 20, 2021, I was informed by my client that they had been served with the complaint in the above‐captioned matter. I immediately prepared an a...

Excerpt: ...n for determination of good faith settlement is ruled upon as follows. The Court, in its discretion, has considered the oppositions filed by Plaintiff and the Settling Cross‐Defendants, which were filed one day late on March 24, 2022. BTA does not argue that it has been prejudiced by the delay, and the Court finds no such prejudice. BTA filed a timely reply to both oppositions. Background The following procedural and factual background is relev...

Excerpt: ...'s (“Plaintiff”) motion to compel certain deponents to answer deposition questions is GRANTED as follows. Background This is an employment law case, in which Plaintiff alleges, inter alia, that he has been subjected to discrimination and retaliation by his employer California Department of Corrections and Rehabilitation. In September 2021, Plaintiff's counsel noticed several depositions, including those of Michael Arca, Kashif Ali, Michael Fe...

Excerpt: ...of the fact that Employer's demurrer has been sustained with leave to amend. The Court sustained Employer's demurrer to Plaintiff's original complaint with leave to amend. (ROA 18.) Plaintiff filed a FAC on October 29, 2021. (ROA 20.) Factual Allegations On or about October 2017, Plaintiff was hired to work for Employer and ultimately worked as a Licensed Broker Service Representative. (FAC ¶ 10.) On or about June 2020, Plaintiff had a high‐ri...

Excerpt: ...unsel is unable to contact opposing counsel prior to the hearing, Defendant's counsel shall be available at the hearing, by Zoom as stated in the introductory NOTICE to today's Tentative Rulings, in the event opposing counsel appears without following the procedures set forth in Local Rule 1.06(B). Defendant's demurrer to Plaintiff Mohammad Reza Safirian's Complaint is SUSTAINED with leave to amend. This action arises out of a commercial lease ag...

Excerpt: ...ions, to Hindy's Special Interrogatories, Set One, Nos. 12, 15, 18, 21, 24, 27, 30, 33, 36, 39, and 42 is ruled upon as follows. On February 3, 2021, Defendants filed their Cross‐Complaint. On October 22, 2021, Hindy served Defendants with Set one of their Special Interrogatories, Form Interrogatories, Request for Admissions, Request for Production of Documents, and Declarations in support of additional Special Interrogatories and Requests for ...

Excerpt: ...st, defendant will be referred to as “Porter Trustee.” Porter and Porter Trustee will be referred to collectively herein as “Defendants.” Factual and Procedural Background This action arises out of a dispute between plaintiffs McMillan Storage, LLC (the “LLC”), an Idaho limited liability company, and Marvin Remmich, as Trustee of the 2004 Marvin A. Remmich and Susan P. Remmich Community Property Trust U/D/T Dated September 2, 2004 (�...

Excerpt: ...lation of various Labor Codes, including failure to provide rest and meal breaks, unpaid wages, and failure to provide accurate wage statements (Labor Code §226.) The complaint asserts a single PAGA cause of action. Defendants move to strike the following allegations regarding wage statements (“Wage Statement Allegations”): ∙ “Page 7, lines 21‐24: Wage Statements. Additionally, Defendants failed to provide wage statements in compliance...

Excerpt: ... 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. FACTS: Plaintiff's Amended Complaint (“FAC”) asserts causes of action for (1) failure to compensate for productive time, nonproductive time, and rest and recovery periods, (2) failure to pay full wages when due, (3) violations of California record keeping provisions, (4) failure to provide me...

Excerpt: ...et for hearing in December 2021 but was continued to this date by the Court, which now rules as follows. *** If oral argument is requested, the parties must at the time oral argument is requested notify the clerk and opposing counsel of the specific issues identified below 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. *** The notice...

Excerpt: ...ed at the hearing. The parties are also reminded that pursuant to local rules, only limited oral argument is permitted on law and motion matters. *** The 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 ...

Excerpt: ...Rules, only limited oral argument is permitted on law and motion matters. *** Plaintiff's notice of motion again 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 the correct department for the hearing of this motion, the correct address for Dept. 53/54, Local Rule 1.06 and the Court's tentative ruling procedure and the manner...