Excerpt: ...d by an “Affidavit of Fact, Affidavit to Set Aside Default, Quash Service of Summons. Demand for Trial by Jury of National Peers” (“Affidavit”). In addition to the relief noticed in the caption, Respondent requests the court “dismiss entire claim from non‐party MICHAEL DWAYNE INGRAM” (Motion, p. 2), and dismiss criminal charges under Penal Code section 166 (Affidavit, 4:8‐10). Respondents Motion is DENIED as follows: Motion to Vac...

Excerpt: ...ge for violations of the Song‐Beverly Consumer Warranty Act (the “Act”). On July 17, 2015 (Compl. ¶ 6), Plaintiff entered into a Retail Installment Sales Contract (the “RISC”) with Elk Grove Ford to purchase and finance a new 2015 Chrysler 200, VIN 1C3CCCAB2FN750795 (the “Vehicle”). (Compl. ¶ 5.) Plaintiff has delivered the Vehicle to the Manufacturer's authorized service and repair facilities, agents and/or dealers, including Sel...

Excerpt: ...o reminded that pursuant to local court rules, only limited oral argument is permitted on law and motion matters. *** Moving counsel failed to comply with CRC Rule 3.1110(b)(3)‐(4). Factual Background Plaintiff Sergii Plysniuk (“Sergii”) was employed as a tractor‐trailer driver by defendant Divine Enterprises, an interstate motor carrier. In February 2018 Sergii was riding in a tractor‐trailer driven by a co‐worker named Vyacheslav Ch...

Excerpt: ...tatements Defendant made surrounding Plaintiff Sean Loloee's (“Plaintiff”) candidacy for Sacramento City Council in 2020. Plaintiff alleges Defendant made defamatory statements about him in February 2020, accusing him of engaging in illegal acts. The First Amended Complaint (“FAC”) alleges a single cause of action for slander per se. Plaintiff alleges in the FAC in pertinent part: “6. Loloee is a successful businessman and has been resi...

Excerpt: ...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 and the answer does not state facts sufficient to constitute a defense to the complaint." (C.C.P. 438(c)(1)(A).) The grounds for the motion shall appear on the face of the challenged pleading or from any matter of which the court is required to take judicial n...

Excerpt: ...* Defendants Seung and Jin Hong's (“Defendants”) demurrer to Plaintiff Sandeep Gupta's (“Plaintiff”) verified second amended complaint (“VSAC”) is ruled upon as follows. Defendants' and Plaintiff's request for judicial notice is granted. In taking judicial notice 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...

Excerpt: ...No., N502WC (the “Insured Aircraft”). The Insured Aircraft was owned by and leased from SIB Ag Aero, LLC (“SIB”) by Plaintiff's insured, Farm Air Flying Services, LLC (“Farm Air”)." (FAC, ¶ 1.) On 7/23/2016, Defendant's pilot was operating its aircraft when it collided in‐flight with the Insured Aircraft, resulting in a total loss of the Insured Aircraft in the amount in excess of $740,000. On or after 10/11/2016, Plaintiff “paid...

Excerpt: ...Defendant Department of General Services (“DGS”) demurrer to Plaintiff CHP Facility ‐ Chico, LLC's (“Plaintiff”) first amended complaint (“FAC”) is ruled upon as follows. Overview This action arises from a construction and leasing agreement between DGS and Plaintiff (“Agreement”). The Agreement was signed on 4/18/2014, with two subsequent amendments changing the commencement date of the lease. Amendment Two changed the commencem...

Excerpt: ...vided to her dog. On April 23, 2020, Defendant served special interrogatories and a request for production of documents on Plaintiff. Plaintiff failed to respond to the discovery requests. Having failed to obtain responses to the discovery requests, Defendant filed motions to compel the responses, which Plaintiff did not oppose and which this Court granted on August 27, 2020 (special interrogatories) and October 6, 2020 (request for production of...

Excerpt: ...the FAC contain causes of action for breach of contract, fraud, and intentional tort. All causes of action are alleged as against Len Reid Reynoso. Only the causes of action for fraud and intentional tort are asserted against Defendants. The causes of action for fraud and intentional tort are supported by the same allegations of fact, while the sum and substance of the breach of contract cause of action is that “Defendant Len Reid Reynoso was r...

Excerpt: ...denied in part; no party requested oral arguments and the tentative ruling became the Court's minute order on October 20, 2020. Relevant to the instant motion, the October 20 order denied Plaintiffs' motion as to Request Nos. 28, 30, 31, and 40 to the extent that the motion sought to compel Defendant to produce the actual documents requested, but qualified the denial as being without prejudice to the right to notice a motion to compel compliance ...

Excerpt: ...dant declares that she first learned of this action on March 11, 2020. (Bradshaw Decl. ¶ 1.) At that time, she received correspondence from the law office of Rausch Sturm, purporting to attempt to collect a debt. Though not apparently explained to Defendant, the original debt was $5,127.27 and arose out of a consumer debt. [ROA 1.] Worldwide Asset Purchasing II, LLC, purchased the debt from the original creditor and filed the action in May 2009....

Excerpt: ...ment in an attempt to obtain leave to amend, they shall be prepared to specifically discuss the new or different facts which may now be alleged in good faith to overcome the deficiencies noted below. *** Factual Background Plaintiffs purchased the subject property in 2002 and subsequently re‐financed it 2005. Plaintiffs requested and received loan modifications in 2008, 2009, 2011 and 2014. Plaintiffs went into default again in 2016 and foreclo...

Excerpt: ...ughters. Thereafter, she began a relationship with plaintiff and in 1997, they had a daughter together and plaintiff was ordered to provide child support. The parties eventually separated but in 2005, after resuming a relationship with plaintiff, defendant added plaintiff to the title and jointly obtained a mortgage loan. In 2010, when the loan exceeded the property's value, the parties' relationship ended and plaintiff defaulted on his child sup...

Excerpt: ...ive ruling procedure. If Defendants' counsel is unable to contact Plaintiff's counsel prior to the hearing, Defendants' counsel shall be available at the hearing, by CourtCall or Zoom as stated in the introductory NOTICE to today's Tentative Rulings, in the event Plaintiff's counsel appears without following the procedures set forth in Local Rule 1.06 (B). Defendants' Petition to Compel Arbitration and Stay Judicial Proceedings is GRANTED. The Co...

Excerpt: ...procedure. If Meadows' counsel is unable to contact Plaintiff's counsel prior to the hearing, Meadows' counsel shall be available at the hearing, by CourtCall or Zoom as stated in the introductory NOTICE to today's Tentative Rulings, in the event Plaintiff's counsel appears without following the procedures set forth in Local Rule 1.06(B). Evidentiary Objections Plaintiff Rashelle Cota's (“Plaintiff”) objection to the evidence submitted in Mea...

Excerpt: ...n arises out of Plaintiffs' purchase of real property located at 9581 Jeffcot Road in Wilton, CA (the “Property”) from Defendant Jarrod Schnabel. Homeguard performed the inspections of the Property. The Complaint alleges causes of action for negligence, breach of fiduciary duty, breach of contract, fraud and deceit, negligent misrepresentation, and declaratory relief. Only the causes of action for negligence and declaratory relief are alleged...

Excerpt: ...nt to Perform, Breach of Oral Contract, and Conversion. General allegations common to the causes of action are set forth in paragraphs 4 ‐ 23 of the complaint: 4. Around late August and early September of 2016, Plaintiff was asked by his mother HENU YU to borrow money to purchase a home in the Sacramento region of California. 5. At this time. Plaintiff was only aware that his mother had recently moved to Sacramento and suspected that she wanted...

Excerpt: ...ifferent capacities from March 18, 2002 until June 2018. (FAC ¶ 5.) On her date of hire, she signed several agreements with Intel, including an Employment Agreement and a Discipline and Discharge Guideline Agreement. (FAC ¶ 6.) Said agreements are attached as exhibits to the FAC and incorporated by reference therein. (Ibid.) The Employee Agreement provides in pertinent part that Plaintiff's employment with Intel is “at‐will[,]” meaning �...

Excerpt: ...heft of Plaintiff's employees, customers and trade secret information. (SAC, ¶ 1.) Plaintiff alleges Defendants participated in a plan in which RDS interfered with Plaintiff's business by organizing a mass exodus of Plaintiff's employees from Plaintiff to RDS and luring Plaintiff's customers. (Ibid.) Mr. Hilliard and Mr. Reyes are alleged to be former high‐ ranking employees of Plaintiff that organized the en masse resignation of employees fro...

Excerpt: ...breaches of warranty, and fraudulent concealment and omission of the defects. KMA demurs to the third cause of action for violation of Civ. Code § 1793.2(a)(3), the sixth cause of action for fraud by omission, and the seventh cause of action for violation of the Consumer Legal Remedies Act (“CLRA”). Third Cause of Action ‐ Violation of Civ. Code § 1793.2(a)(3) Plaintiff's third cause of action alleges a violation of subdivision(a)(3) of C...

Excerpt: ...roceedings. In short, this action arises out of a Ponzi scheme carried out by Deepal Wannakuwatte (“Deepal”) and his business, International Manufacturing Group, Inc. (“IMG”). Plaintiffs allege that the defendants, consisting of CB&T and its employees, aided and abetted this scheme and caused significant monetary damage to plaintiffs. The operative Complaint (“1AC”) asserts causes of action for aiding and abetting breach of fiduciary ...

Excerpt: ... amended complaint (“FAC”). Defendant requested supplemental briefing on its argument that Plaintiff fails to allege “actual innocence.” The court granted Defendant's request and has received both parties' supplemental briefs. The court now rules as follows, solely on the issue of “actual innocence”, and incorporates fully herein its prior tentative ruling with respect Defendant's other arguments. Oral argument will only be allowed on...

Excerpt: ...uth of the intersection with Hurley Way in Sacramento County (the “Bus Stop”). A vehicle driven by Defendant Elisa Loya pulled out of a commercial parking lot into the path of a second vehicle driven by Defendant Alexis Saul Mandujano. The two vehicles collided, causing Mandujano's vehicle to strike Plaintiff at the Bus Stop. The First Amended Complaint (“FAC”) alleges six causes of action. Only the third cause of action for premises liab...

Excerpt: ...of the parties' 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 nonexistence of a triable issue of material fact. *** Overview This personal injury action arises out of a February 2018 incident in which plaintiff “tripped over a 6” to 8” raised curb protruding up from a sidewalk on the northeast co...

Excerpt: ...d 436(a), and Civil Code section 3294. The portion of the Complaint that sets forth the prayer for punitive damages is at page 17, paragraph 4, and page 10, paragraph 55, lines 18‐19. The motion is based on Defendant Smoke 4 Less's contention that Plaintiff's Complaint does not plead sufficient facts to support a claim for punitive damages. On October 15, 2020, this Motion was continued so that the parties could comply with the meet and confer ...

Excerpt: ...rt now rules on the motion 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 discovery requests 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. *** Plaintiffs' notice of motion does not provide notice of the Court's tentative rul...

Excerpt: ...g defendant's 112 Undisputed Material Facts and/or which of plaintiffs' 22 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. *** Plaintiffs' counsel failed to comply with CRC Rule 3.1354(b), which prohibits a party from restating or rearguing objections ...

Excerpt: ...al cannabis businesses. CG is a California corporation owned by Defendant Richard Anthony “Tony” Vasquez (“Tony”) that owns and operates a cannabis manufacturing site. (FAC ¶ 2.) GWF is a California corporation ostensibly owned by Tony's wife, Defendant Stefanie Vasquez (“Stefanie”), which is engaged in cannabis cultivation. (FAC ¶ 3.) GWI is a California corporation ostensibly owned by Tony and Stefanie's son, Tyler Vasquez ("Tyler...

Excerpt: ...nd (“Raymond”) and Joanne (“Joanne”) Suavillo's dogs. On 11/4/2019, Plaintiffs named Joanne Suavillo, as an individual, as Doe 1. (RJN, Ex. 3.) On 1/6/2020, the court granted Wandering Boba's motion for summary judgment. In granting the motion, the court found that there was no triable issue of material fact that Raymond was not in the course and scope of his employment at Wandering Boba at the time of the incident, and thus Wandering Bob...

Excerpt: ...��) through Cal State 9 Credit Union that was secured by a Deed of Trust (“DOT”). (Complaint, ¶ 11.) In 2008, the DOT was assigned to defendant Bosco Credit LLC (“Bosco”). (Complaint, ¶ 12.) Defendant Franklin Credit Management Corp. (“Franklin”) is the servicer. (Id.) The credit limit of $68,200 was distributed to Plaintiffs. (Complaint, ¶ 13.) In September 2008, Plaintiff Alejandro Alejandro filed for bankruptcy. (Complaint, ¶14...

Excerpt: ...isgruntled client, pro per Defendant Darrell Archer (“Defendant”), created a website bearing the name “timothykassouni.com” that published certain defamatory statements about Plaintiffs. The website also links to a second page, “thompsonangela.com” which also made false claims about Plaintiffs. On 9/18/2020, Plaintiffs obtained a TRO against Defendant ordering him to: [I]mmediately take down and remove his internet website timothykass...

Excerpt: ... at her home, located at 3071 East Curtis Park Drive in Sacramento, CA. The City filed a public nuisance action against Plaintiff on April 30, 2019, alleging Plaintiff undertook the referenced improvements without obtaining the necessary permits. Plaintiff cross‐complained against the City on June 19, 2020. Plaintiff subsequently filed the instant action against the City and Schenirer on February 25, 2020. She filed the FAC on March 4, 2020. Th...

Excerpt: ...rties must at the time oral argument is requested notify the clerk and opposing counsel of the specific discovery requests that will be addressed at the hearing. Counsel are also reminded that pursuant to local court rules, only limited oral argument is permitted on law and motion matters. *** This is an employment and wage and hour action. Plaintiff alleges that she worked in Defendant Amy Woo's dental practice handling front desk and administra...

Excerpt: ...ct, et al. action is substantively unopposed and is ruled upon as follows. This is a consolidated construction indemnity and subrogation action arising from a fire. Request for Judicial Notice Cross‐Defendants' Request for Judicial Notice (“RJN”) is unopposed and is granted. In taking judicial notice of these documents, the court accepts the fact of their existence, not the truth of their contents. (See Professional Engineers v. Dep't of Tr...

Excerpt: ... a class action settlement, the Court is to determine whether the settlement is fair, reasonable and adequate, in light of all of the circumstances. ( California v. Levi Strauss & Co. (1986) 41 Cal.3d 460, 471; Dunk v. Ford Motor Co. (1996) 48 Cal.App.4th 1794, 1801.) The trial court has broad discretion to determine whether a proposed settlement in a class action is fair, adequate, and reasonable. ( Wershba v. Apple Computer (2001) 91 Cal.App.4t...

Excerpt: ...rtners Defendant Thomas Roland (“Roland” or “Defendant”) and Plaintiff Claudel Jeannot (“Jeannot” or “Plaintiff”). The Court notes that it appears Plaintiff paid only one $60 filing fee in connection with this motion, although Plaintiff seeks at least four different orders (i.e., responses to form interrogatories, responses to special interrogatories, responses to requests for production, and an order deeming requests for admissio...

Excerpt: ...‐ Beverly Act, plus Plaintiffs' reasonably incurred attorney's fees, costs and expenses. The 998 Offer did not provide for any monetary amounts. Regarding the vehicle component, Defendants offered to pay whatever Plaintiffs were entitled to under Civil Code § 1793.2(d)(2)(B). Regarding the second component, reasonably incurred court costs, attorney's fees and legal expenses per Civil Code § 1794(d), both were to be determined by the court mot...

Excerpt: ...as domesticated and pursued a judgment it obtained against Plaintiff in New York related to the underlying loan agreements. (See SAC ¶¶ 5, 63, 64, 87.) The Court previously granted Defendant CCL's motion to dismiss the First Amended Complaint for lack of personal jurisdiction but with leave to amend. The SAC admits that CCL is headquartered in New York but alleges that CCL "did business throughout the State of California during all pertinent ti...

Excerpt: ...nally set for hearing on 9/1/2020 but was continued to this date at the request of the Moving Parties to remedy Terra Aqua Builders, Inc.'s corporate suspension for failure to pay its taxes. It appearing that this corporation is now back in good standing, the Court now rules as follows. The notice of motion does not comply with Code of Civil Procedure §1010 or CRC Rule 3.1110(a). The proof of service attached to the moving papers fails to comply...

Excerpt: ...ument is requested, the parties are directed to notify the clerk and opposing counsel at the time of the request which of moving defendant's 23 Undisputed Material Facts, plaintiff's 33 Additional Material Facts and/or Hastie's six (6) Additional Material Facts 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...

Excerpt: ....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. Moving counsel failed to comply with CRC Rule 3.1350(g), requiring a single volume of evidence (including declarations) with a table of contents when the evidence exceeds 25 pages. Overview This action concerns whether defendant USIC owes a...

Excerpt: ...ted on law and motion matters. *** The demurrer of defendant Liane Bender's (sued erroneously as Liane Sigl) demurrer to plaintiff in pro per's Second Amended Complaint (“2AC”) is UNOPPOSED and SUSTAINED without leave to amend, as follows. Factual Background This action arises out of the death of plaintiff's mother in November 2017 following her stay at two different medical facilities, Mercy San Juan Medical Center (“Mercy”) and Mission ...

Excerpt: ...intiff also asks the Court to order Defendant's default to be entered, and to award monetary sanctions in the amount of $935.00. Plaintiff brings the instant motion only after this Court entered its order of July 21, 2020, requiring Defendant to serve written responses to Plaintiff's First Set of Form Interrogatories, Special Interrogatories, and Requests for Production of Documents . On the same date, the Court deemed admitted Plaintiff's outsta...

Excerpt: ...oyees who worked for Defendant from December 27, 2014 to August 10, 2019, and, based on that stipulation, the Court has entered an order certifying the class. Plaintiffs allege that Defendant (1) failed to pay minimum wages for all hours worked, (2) failed to properly compensate for rest periods, and (3) failed to provide accurate wage statements. The parties have stipulated to file cross motions for summary adjudication regarding the legality of...

Excerpt: ... addressed 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. *** Defendants Overlook at Blue Ravine, LLC (“Overlook”) and Realty Center Management, Inc.'s (“RCMI”) (collectively “Defendants”) motion for summary judgment, or in the alternative, summary adjudication is ruled upon as follows. Overview This is a per...

Excerpt: ...t is to determine whether the settlement is fair, reasonable and adequate, in light of all of the circumstances. ( California v. Levi Strauss & Co. (1986) 41 Cal.3d 460, 471; Dunk v. Ford Motor Co. (1996) 48 Cal.App.4th 1794, 1801.) The trial court has broad discretion to determine whether a proposed settlement in a class action is fair, adequate, and reasonable. ( Wershba v. Apple Computer (2001) 91 Cal.App.4th 224, 244, 245; Rebney v. Wells Far...

Excerpt: ...ional misrepresentation, negligent misrepresentation, and conversion. (FAC, p. 2.) However, the actual attachments contain causes of action for breach of contract, fraud, and intentional tort. Only the causes of action for fraud and intentional tort are asserted against Defendants. Each of the causes of action are supported by the same allegations of fact. In pertinent part, Plaintiff alleges he is a beneficiary of the Reynoso Trust (the “Trust...

Excerpt: ... P. Ludke and Kay K. Anderson as Trustees (“Trustees”) of the Ludke‐Anderson Revocable Trust Dated May 28, 2003 (“Trust”)(collectively “Defendants”) is ruled upon as follows. This is an action for Breach of Contract and Guaranty. Plaintiff alleges that Jones, Ludke, and Wilson are or were shareholders and/or officers of C+D at all material times. Plaintiff alleges that on 2/4/2014, it entered into a Business Loan Agreement with C+D ...

Excerpt: ...nsisting of a 266‐page separate statement, and a supporting declaration comprising 226 pages of material. The omnibus motion format significantly complicated focused individualized analysis on the very different merits of each deposition notice topic and evaded $300 of additional motion fees. The six motions are ruled upon as set forth below. Plaintiffs move to compel the production of deponents and documents responsive to six separate PMQ depo...