Excerpt: ...oint to specific evidence which is claimed to show the existence or non‐existence of a triable issue of material fact. *** Defendants Ocwen Loan Servicing LLC; Deutsche Bank National Trust Company as Trustee for Long Beach Mortgage Loan Trust 2004‐3, Asset‐Backed Certificates, Series 2004‐3; and PHH Mortgage Corporation's (collectively "Defendants") motion for summary judgment, or in the alternative, summary adjudication is ruled upon as ...

Excerpt: ...The Court observes that although Plaintiffs filed an opposition, there is no valid proof of service of the opposition. The Court also notes that Defendant's memorandum of points and authorities approximately 16 pages long. The Court declines Plaintiff's request to “ignore” the demurrer due to being slightly over the 15 page limit. Defendants' request for judicial notice is granted. In taking judicial notice of these documents, the court accep...

Excerpt: ... Defendant's request for judicial notice is granted as to Exhibit 1, Plaintiff's Complaint filed in this action. Defendants' request for judicial notice as to the remaining exhibits, Exhibits 2, 3, and 4 is denied as the documents obtained from Yelp are not the proper subject of judicial notice. As noted in Jolley v. Chase Home Finance, LLC (2013) 2013 Cal.App.4th 772, "we know of no 'official Web site' provision for judicial notice in California...

Excerpt: ...liation. On June 24, 2020, Plaintiff filed a Request for Dismissal of her second cause of action. Notice of Entry of Dismissal was filed on July 16, 2020. (ROAs 19, 20.) The City now moves for summary judgment on Plaintiff's sole remaining cause of action for FEHA age discrimination on the ground that the City had a legitimate, nondiscriminatory reason for the termination of Plaintiff's employment ‐ that she was not performing to the satisfacti...

Excerpt: ...of the State of California, County of Sacramento (the "Spears Action"). Plaintiff Spears asserted the following claims against Defendant: (1) unfair competition in violation of Cal. Bus & Prof. Code §§ 17200, et seq.; (2) failure to pay overtime wages in violation of Cal. Labor Code § 510; (3) failure to provide accurate itemized wage statements in violation of California Labor Code § 226; and, (4) failure to provide wages at termination in v...

Excerpt: ...occurred in the Spring of 2020 when plaintiff Leslie White (“Leslie”) was suspected to have suffered a heart attack. Generally, Plaintiffs contend Dignity failed to promptly diagnose and treat Leslie and failed to provide Laurie, his wife, with meaningful updates about his condition and treatment. The claim they were forced to wait for hours before any treatment or information was provided. Plaintiffs filed their First Amended Complaint (“1...

Excerpt: ...nt to specific evidence which is claimed to show the existence or non‐existence of a triable issue of material fact. *** Cross‐Defendant RMA Group's (“RMA”) motion for summary judgment against Defendant and Cross‐ Complainant Flatiron West, Inc.'s (“FWI”) cross‐complaint is ruled upon as follows. I. Overview This is a personal injury action arising from a construction‐site accident involving Plaintiff, Dean Robbins (“Plaintiff...

Excerpt: ...). The demurrer is OVERRULED IN PART and SUSTAINED IN PART as follows. JUDICIAL NOTICE Defendants' Request for Judicial Notice is ruled on as follow: 1) Proclamation of State of Emergency issued on November 8, 2018, and Executive Order B‐57‐18: GRANTED (Evid. Code, § 452(c)), but the Court's notice is limited to the existence of the documents, not the truth of the matters stated therein or that might be deduced therefrom. 2) CalRecycle's Inv...

Excerpt: ...ndisputed Material Facts, which of plaintiff's own 323 Additional Material Facts, and/or which of the parties' 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. *** Defendant's counsel failed to comply with CRC Rule 3.1350(b), requiring that issues presented for summary adjud...

Excerpt: ...at pursuant to local 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 In March 2019 plaintiff commenced this action for breach of contract and breach of guaranty against defendants Abdul Esmail and Archcon Development & Construction Group, Inc. (“ADC”), both of whom thereafter jointly filed a cross‐complaint against plaintiff an...

Excerpt: ... The notice of motion does not provide notice of the Court's tentative ruling system as required by Local Rule 1.06(D). Defendants' counsel is ordered to notify responding party immediately of the tentative ruling system and the manner to request a hearing. If Defendants' counsel is unable to contact responding party prior to hearing, moving counsel is ordered to appear at the hearing. This action arises out of an alleged business venture relatin...

Excerpt: ...collectively, “Defendants”) is UNOPPOSED and GRANTED. On February 26, 2019, plaintiff Tyler Crum (“Crum”) filed a Class Action Complaint against S&D in Sacramento County Superior Court alleging claims for failure to pay overtime, failure to provide meal and rest periods, failure to provide accurate itemized wage statements, failure to provide wages when due, unfair competition, and violation of PAGA (the “Crum Action”). On November 13...

Excerpt: ...against defendant Hunter William Graham (“Defendant”). Plaintiff sets forth the following nine material facts in its separate statement for both causes of action. Defendant 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 5620 (the "Account"). (UMFs 1, 10.) Defendant agreed to be bound by the terms and conditions set forth in the Cardmember ...

Excerpt: ...ovide notice of the Court's tentative ruling system as required by Local Rule 1.06(D). Moving counsel is ordered to notify the responding party immediately of the tentative ruling system and the manner to request a hearing. If moving counsel is unable to contact the responding party prior to hearing, moving counsel is ordered to appear at the hearing. Plaintiff Staci Goodson (“Plaintiff”) filed the Complaint on August 6, 2021. Defendant is a ...

Excerpt: ...position from the Court's website on February 23, 2022, and timely filed a reply brief on February 25, 2022. Defendants do not argue that they have been prejudiced by the delay in their obtaining a copy of Plaintiff's opposition, and the Court finds no such prejudice. Factual and Procedural Background This is a personal injury action arising out of a motor vehicle accident that occurred on April 10, 2015. Plaintiff Joseph Alega (“Plaintiff”) ...

Excerpt: ...(unpaid meal period premiums), (3) violation of Labor Code § 226.7 (unpaid rest period premiums), (4) violation of Labor Code §§ 1194 and 1197 (unpaid minimum wages), (5) violation of Labor Code §§ 201 and 202 (final wages not timely paid), (6) violation of Labor Code §§ 226(a) and 1174(d) (non‐compliant wages statements/records), (7) violation of Labor Code §§ 2800 and 2802 (unreimbursed business expenses), (8) violation of Labor Code...

Excerpt: ...aintiffs”) allege was executed between Plaintiffs and Defendants to manage Plaintiffs' investments. Plaintiffs filed their Complaint on August 24, 2021, alleging causes of action for: (1) professional negligence, (2) breach of fiduciary duty, (3) fraud, and (4) breach of contract. Defendants move to compel arbitration and stay this action pursuant to the arbitration provision of the investment contract. Plaintiffs filed a notice of non‐ oppos...

Excerpt: ...aims Unit re: Jeff Baoliang Zhang is DENIED. Ms. Gedjeyan's declaration states there is no record of any claim filed with, or presented to, the Government Claims Program by Plaintiff for any date range. Defendant argues the Court may take judicial notice of this declaration because it is a record of an administrative agency and an “official act of the legislative, executive, or judicial departments” of the State of California. (Evid. Cod § 4...

Excerpt: ...dvise 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 by Zoom or by telephone. Moving counsel failed to comply with CRC Rule 3.1110(b)(3)‐(4). Factual Background This action was commenced by plaintiff ESM on 4/21/2016 with a complaint seeking recovery of roughly $...

Excerpt: ...sts that will be addressed at the hearing. The parties are also reminded that pursuant to local rules, only limited oral argument is permitted on law and motion matters. *** Both moving and opposing counsel failed to comply with CRC Rule 3.1110(b)(3)‐(4). In this action plaintiff alleges she was groped by defendant while at a local restaurant. According to the moving papers, defendant pled no contest to a charge of lewd conduct but now refuses ...

Excerpt: ...nd the opposing party of the specific discovery requests that will be addressed at the hearing. The parties are also reminded that pursuant to local rules, only limited oral argument is permitted on law and motion matters. *** This consolidated action arises out of a multiple motor vehicle accident which occurred in September 2019. Farmers' complaint alleges that defendants negligently caused this accident and as a result, Farmers became obligate...

Excerpt: ... counsel of the specific causes of action 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. *** Factual Background This legal malpractice action was commenced by plaintiffs in pro per in Nevada County Superior Court on 1/24/2013, with the 1AC being filed several months later on 7/11/2013. According to the 1AC, plaintiffs retained defend...

Excerpt: ...cal 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 by Zoom or by telephone. Factual Background This is a putative class action against TSE, described as a “courier company performing pac...

Excerpt: ...t defendant Farid “was operating a black 2020 Volkswagen Jetta owned by Defendant [EAN]” and “was travelling northbound on San Juan Avenue in the City of Citrus Heights…when he caused a motor vehicle collision against [sic] Plaintiff Patty McCoy.” The complaint purports to assert two causes of action for general negligence and for motor vehicle negligence, both of which are asserted against both defendants Farid and EAN. Demurrer. EAN n...

Excerpt: ...ovember 16, 2021, and it was scheduled for hearing on January 6, 2022. Plaintiff Joshua Paul (“Plaintiff”) filed an opposition on December 22, 2021. On December 30, 2021, Defendant filed correspondence continuing the hearing to today's date (February 16, 2022). Thereafter, on January 13, 2022, Defendant filed an Amended Notice of Motion, as well as a new Memorandum of Points and Authorities in Support. The Court did not consider the new Memor...