Excerpt: ... connection with a motion to strike. The opposing papers fail to comply with CRC Rule 3.1113(d)‐(f). Opposing counsel is advised that such non‐compliant papers may in the future be stricken by the Court. Factual Background This action arises out of a 2018 motor vehicle accident on Elkhorn Boulevard in Sacramento County. According to the complaint, defendant's vehicle collided with the rear of plaintiffs' vehicle “at a very high velocity,”...

Excerpt: ...rgument is permitted on law and motion matters. *** Plaintiffs' motion to compel defendant's further responses to form and special interrogatories is ruled upon as follows. The 41‐page moving memorandum of points and authorities fails to comply with CRC Rule 3.1113(d)‐(f). (Much of the memorandum's content belongs (solely) in the moving separate statement.) Opposing counsel failed to comply with CRC Rule 3.1110(b)(3)‐(4). Factual Background...

Excerpt: ...ff Darrell Holcomb's complaint is ruled upon as follows. This is a personal injury action arising from dental work. Plaintiff is an inmate at Folsom State Prison. Plaintiff alleges that Defendants either negligently performed dental work or failed to properly treat an infection after the dental work. Plaintiff alleges he suffered nerve damage and facial paralysis. Plaintiff seeks compensatory and punitive damages. Defendants demur on the ground t...

Excerpt: ... is unable to contact defense counsel prior to the hearing, Plaintiff's counsel shall be available at the hearing, in person or by telephone, in the event defense counsel appears without following the procedures set forth in Local Rule 1.06(B). Plaintiff's motion under Code of Civil Procedure (“CCP”) section 473, subdivision (b), for (1) mandatory relief to set aside dismissal, and (2) permissive relief from order denying leave to amend is DE...

Excerpt: ...to federal court on October 30, 2018, and it was ultimately remanded by stipulation when Plaintiff filed a First Amended Complaint (“FAC”) removing her Title VII claim. Following remand, DHCS demurred to Plaintiff's FAC, and the Court sustained the demurrer as to four, of the then five, causes of action. Plaintiff filed a Second Amended Complaint (“SAC”), which added several new causes of action without leave of court. DHCS objected to th...

Excerpt: ...sault. In her FAC, Plaintiff alleges that on May 3, 2017, she sought medical treatment from defendant Derrick Mullin (“Mullin”), a Nurse Practitioner‐Furnishing (“FNP”), who was employed by Advanced Pain at the time. She alleges that Mullin represented himself as a doctor and examined her. During the examination, he “physically restrained her, groped her genitals and forcefully placing her hand on his erect penis to stimulate the same...

Excerpt: ...aw and motion matters. *** Defendants Kayvan Haddadan, M.D. (“Dr. Haddadan”) and Advanced Pain Diagnostic & Solutions, Inc.'s (“APDSI”) (collectively “Defendants”) demurrer to Plaintiff in Intervention Jane Doe's (“Doe”) First Amended Complaint in Intervention (“FACI”) is ruled upon as follows. Overview In this action, the named plaintiffs are Joanne Davis (“Davis”), Mariah Florez (“Florez”) and Mary Tovar (“Tovar”...

Excerpt: ...f action against a variety of defendants, consisting of various individuals and entities, all of whom are alleged to have engaged in some form of misconduct and to owe money to ESF. ESF alleges that defendant Chris N. Vrame (“Vrame”), ESF's founder, and other Vrame Affiliated Defendants removed virtually all of ESF's endowment funds and loaned them to Vrame and the Vrame Affiliated Defendants. ESF alleges that the Vrame Affiliated Defendants ...

Excerpt: ... court of this state or (2) any court of record of the United States or of any state of the United States.”].) Sur‐reply The Court does not consider Plaintiff's “Reply to Defendant's Reply in Support of Defendant Demurre [sic] to Plaintiff's First Amended Complaint.” The Court did not request or authorize supplemental briefing in this matter. Factual Allegations and Procedural History This action arises out of Simas' representation of Pla...

Excerpt: ...ble evidence which is claimed to show the existence or non‐existence of a triable issue of material fact. *** Plaintiff Northern California Collections Service, Inc.'s (“NCCS”) motion for summary adjudication is ruled upon as follows. Defendant's counsel failed to comply with CRC Rule 3.1350(h), specifying the format for the separate statement in opposition. To the extent the opposition purports to assert objections to evidence, defendant's...

Excerpt: ...iffs' complaint is ruled upon as follows. Although a meet‐and‐confer declaration did accompany this demurrer, defendants are advised that their declaration does not comply with the requirements of Code of Civil Procedure §430.41(a) which expressly mandates the demurring parties to meet‐andconfer “in person or by telephone” with the party filing the pleading that is the subject of the demurrer. Plaintiffs' counsel is reminded that the m...

Excerpt: ... hours of receipt. 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 the self‐ represented party need not request oral argument. The Litigation Coordinator shall make Plaintiff Clark available, by COURTCALL, at 9:00 a.m. on the date of the continued hearing date, which will be March 6, 2020, to participate in oral argu...

Excerpt: ...tled "Fraud (Negligent/Intentional Misrepresentations)," pursuant to CCP § 430.10(e) and (f), is SUSTAINED WITH LEAVE TO AMEND. The Court completely agrees with Defendants' assertion that Plaintiff has not come close to complying with his obligation to plead specific facts bearing upon each element of his fraud claim. See Lazar v. Superior Court (1996) 12 Cal.4th 631, 645 (allegations must identify the speaker, the dates of the statements, scien...

Excerpt: ...demurrer. IRSI must also file a declaration regarding the meet and confer efforts. Here, Defendant's counsel's declaration indicates that the parties met and conferred via email. Future meet and confer efforts pursuant to CCP 435.5 shall be done “in person or by telephone.” Plaintiff is also reminded that the meet‐and‐confer requirements of CCP §435.5 are not optional and s/he is required to participate in the meet‐and‐confer efforts...

Excerpt: ... matters. *** Defendants U.S. Residential Group, LLC, Providence Place Apartments, LP, and Positive Investments, Inc.'s (collectively “Defendants”) demurrer to Plaintiff Timothy Hayes' second amended complaint (“SAC”) is ruled upon as follows. Defendants' request for judicial notice is granted. I. Overview This is a personal injury action. Plaintiff alleges that on 9/12/2017, he was walking through Providence Place Apartments (“Apartmen...

Excerpt: ...”) was a passenger. (UMF 2.) Plaintiff was also in the vehicle with his brother, Ernani Elga, and sister‐in‐law, Rosemarie Alega, at the time. Plaintiff filed this action against Ms. Naz on April 10, 2017 in Fresno County Superior Court, and it was transferred to Sacramento County Superior Court on February 14, 2018. Plaintiff does not dispute that Ms. Naz was not the driver of the Toyota involved in the subject accident, and also does not ...

Excerpt: ...o provide accurate itemized statements, failed to pay waiting time penalties, and violated the Unfair Competition Law (“UCL”), Bus. & Prof. Code § 17200. Plaintiffs further allege that Defendant is liable for civil penalties under the Private Attorneys General Act (“PAGA”). The parties engaged in informal discovery over the course of a year. They now seek preliminary approval of their settlement for the gross, non‐reversionary settleme...

Excerpt: ...on July 1, 2015 and has failed to make minimum monthly payments due and owing on the loan since that date. On January 6, 2020, the Court granted Plaintiff's unopposed motion for order deeming requests for admission admitted. (See ROA 14.) Plaintiff now moves for judgment on the pleadings based on these admissions. Specifically, the admissions state that Defendant received a loan from LOANME, INC., that she became delinquent on her payments, that ...

Excerpt: ...violation of California Government Code section 12940(a) for “pregnancy discrimination.” Specifically, Plaintiff alleges that in February 2018, while she was employed by Defendant as a server at Mimosa House, she became pregnant. She alleges that in June 2018, Defendant assigned Plaintiff to evening shifts that resulted in a substantial loss of income. Then in October 2018, Defendant demoted Plaintiff from a full‐ time server to a part‐ti...

Excerpt: ...rs. *** Defendant Thompson's demurrer to the Third Amended Complaint (“TAC”) and motion to strike the TAC's punitive damages allegations is ruled on as follows. Plaintiff's opposition was not timely filed or served and it also fails to comply with CRC Rule 2.111(3). It was, however, considered, by the Court. The Court notes that the contract attached as Exhibit C to the TAC contains plaintiff's social security number, which is therefore viewa...

Excerpt: ...nable to contact defense counsel prior to the hearing, Plaintiff's counsel shall be available at the hearing, in person or by telephone, in the event defense counsel appears without following the procedures set forth in Local Rule 1.06(B). Plaintiff's petition under Government Code section 946.6 for leave to present a claim not timely filed is GRANTED. Overview On June 12, 2018, Plaintiff, a native Armenian with limited English language abilities...

Excerpt: ...sentence of paragraph 6 of Parker White's declaration in support of Plaintiff's opposition are sustained. Discussion This is a premises liability (slip and fall) action. Plaintiff filed the Complaint on December 31, 2014. Five years from the original filing date was December 31, 2019. Defendant now moves for mandatory dismissal of the action since Plaintiff failed to bring the action to trial within five years. Plaintiff opposes the motion on the...

Excerpt: ...f Angelina Zeiher alleges that in July 2016 she purchased a 2016 Mini Cooper Clubman. During the warranty period, the vehicle contained or developed a number of defects. Plaintiff alleges that Defendants are “engaged in the design, manufacture, construction, assembly, marketing, sale, and distribution of automobiles, motor vehicles and other related components and services in Sacramento County.” Plaintiff purchased the vehicle from non‐part...

Excerpt: ...Wohl Declaration, Ex. C. Plaintiff's objections on reply are OVERRULED. In its discretion, the Court has considered the evidence submitted by Defendant on reply. Plaintiff's opposition raised multiple issues regarding breach, waiver, and unconscionability that were not discussed in the moving papers. Accordingly, Defendant may provide evidence on reply to respond to the new issues raised by Plaintiff in opposition. Overview Plaintiff Brian R. Mue...

Excerpt: ... waives any objection that notice was not proper. (Bohn v. Bohn (1913) 164 Cal. 532; Carlton v. Quint (2000) 77 Cal.App.4th 690, 696‐698.) Here, A. Vrame was able to oppose the motion on its merits and has raised no argument that the insufficient service was prejudicial to him in preparing his opposition. Thus, the Court has jurisdiction to consider the motion on its merits. Overview This action was commenced in October 2016 and the complaint p...

Excerpt: ...2 is SUSTAINED to the extent it improperly summarizes the content in the Wohl Declaration, Ex. C. Plaintiff's objections on reply are OVERRULED. In its discretion, the Court has considered the evidence submitted by Defendant on reply. Plaintiff's opposition raised multiple issues regarding breach, waiver, and unconscionability that were not discussed in the moving papers. Accordingly, Defendant may provide evidence on reply to respond to the new ...

Excerpt: ... 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 in person or by telephone. Moving counsel failed to comply with CRC Rule 3.1110(b)(3)‐(4). According to the moving papers, plaintiffs and defendant settled ...

Excerpt: ...t 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. *** Factual Background This is a personal injury action arising from a motor vehicle accident in February 2017. Plaintiff alleges she was at the time a passenger in a car driven by defendant Dockery, a driver for defendant Lyft who rear‐ended another car at a high rate of speed. Plain...

Excerpt: ...submitted by Mahan to CARB seeking records related to what he refers to as the Volkswagen TDI emissions scandal. When CARB failed to produce the requested records immediately, Mahan filed the present action seeking a writ of mandate commanding CARB to comply with his request. The Court has issued numerous orders over the long course of this case. On September 1, 2017, it issued what it thought would be its final order. The final order explains th...

Excerpt: ...ion on the motion. Overview The Complaint alleges a single cause of action for fraud against Defendants arising from litigation filed in 2003 by the Sacramento Metropolitan Air Quality District (the “District”) against Jerome H. Sprague in his individual and representative capacities and the Jerome H. Sprague Family Revocable Trust (the “Trust”). The 2003 litigation concerned violations of regulations governing the removal of asbestos con...

Excerpt: ...ty, Oregon; (b) to waive any challenge to the Oregon court's jurisdiction; (c) to waive any applicable statute of limitation in Oregon; (d) to be bound by and to satisfy any judgment rendered by the Oregon court; and (e) make documents in their possession and witnesses available in Oregon, at their expense. I. Overview This is a wrongful death action arising from an automobile accident that occurred in Jackson County, Oregon on 7/24/2019. Plainti...

Excerpt: ...on of Sarah Fritz, submitted on reply, are OVERRULED. The Court finds that the Fritz Declaration, submitted on reply, is responsive to Ms. White's assertions in her declaration, submitted in opposition, that Ms. White and Ms. Fritz did not have any confidential communications. It is further responsive to the implication inherent in Ms. White's declaration that the communications attached as an exhibit were wholly representative of Ms. White and M...

Excerpt: ...Kamar Singh (“Singh”) and Kent Hogan (collectively “Plaintiffs” or “Buyer”) are the assignees of two Vacant Land Purchase Agreements (“Purchase Agreements”) and Joint Escrow Instructions. Escrow failed to close on time and Defendants refused to close on the properties and retained the deposits. The First Amended Complaint asserted causes of action for: (1) declaratory relief, (2) promissory estoppel, (3) specific performance, and ...

Excerpt: ...a (“Property”). Defendants failed to pay the rent for November 2019 on or before 11/5/ 2019. Plaintiff served a three day notice to pay or quit on 11/6/2019 (“November Notice”). Defendants failed to comply. Plaintiff served a notice of termination on 11/13/2019 indicating that the lease was terminated and demanded that Defendants vacate the Property (“Termination Notice”). Defendants again refused to comply. On 12/13/2019, Plaintiff s...

Excerpt: ...ers. *** Defendant The Ezralow Company, LLC's (“TEC") demurrer to Plaintiff Taylor Lee's Second Amended Complaint (“SAC”) is ruled upon as follows. I. Overview This is an employment action. Plaintiff was employed with TEC as a property manager. In December 2017 she received a poor performance review which resulted in her being placed on a performance improvement plan. Plaintiff maintains that her work performance improved significantly but ...

Excerpt: ...nally under seal, is OVERRULED. Defendants' objections to the Declaration of Sarah Fritz, submitted on reply, are OVERRULED. The Court finds that the Fritz Declaration, submitted on reply, is responsive to Ms. White's assertions in her declaration, submitted in opposition, that Ms. White and Ms. Fritz did not have any confidential communications. It is further responsive to the implication inherent in Ms. White's declaration that the communicatio...

Excerpt: ...tative ruling procedure and the manner to request a hearing. If moving counsel is unable to contact the other parties prior to the hearing, moving counsel is ordered to appear at the hearing in person or by telephone. The motion of Plaintiffs Cosis, LLC; Brenda Barnicle; Brenda M. Codding; Dorothy F. Marshall, Trustee; Kimberly Stewart; and Stephen M. Stewart (collectively “Plaintiffs”) for summary judgment, or in the alternative, summary adj...

Excerpt: ...9 Azevedo Drive, Apartments 202, in Sacramento (the “Property”). Plaintiffs allege they entered into a lease agreement for the Property on December 29, 2012, at a rate of $679 per month. Efren owned the Property until December 2, 2016, when it sold the Property to defendant Riverglen Apartments, LLC (“Riverglen”). Plaintiffs filed this action on July 19, 2019, alleging causes of action against Efren, and co‐defendant Riverglen, for (1) ...

Excerpt: ...e complaint is ruled on as follows. Plaintiffs' counsel failed to comply with CRC Rule 3.1110(b)(3)‐(4) and Rule 3.1113(f). This matter was originally noticed for hearing on 12/19/2019 and that any opposition was therefore due no later than 12/6/2019. On 12/12/2019 defendant filed and served a notice that no opposition to this demurrer had been received. Then on 12/13/2019, plaintiffs filed what is labeled “Opposition Response to Defendant's ...

Excerpt: ...e Apartments, et al.'s motion to strike portions of plaintiff's complaint is ruled upon as follows. The notice of motion does not provide notice of the Court's tentative ruling system, as required by Local Rule 1.06, and does 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, al...

Excerpt: ...0(b) (3)‐(4). The opposition filed by defendant Hinojosa includes a Traffic Collision Report (“TCR”) for the subject accident. TCRs are generally not admissible in court proceedings and their ultimate conclusions about causation are specifically not admissible. (See, e.g., Vehicle Code §20013; Box v. California Date Growers Assn. (1976) 57 Cal.App.3d 266, 270; Carlton v. Department of Motor Vehicles (1988) 203 Cal.App.3d 1428, 1432.) Findi...

Excerpt: ...ules, 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 counsel is unable to contact opposing counsel prior to hearing, moving co...

Excerpt: ...abit”) duties to defend and indemnity Cross‐Complainants against Plaintiff Licia Ann Weiser's (“Plaintiff”) personal injury claims, as asserted in Cross‐Complainants' second cause of action for express contractual indemnity against Habit. The MSA is premised upon the language of the hold harmless provision contained within the lease between Cross‐Complainants and Habit. Cross‐Complainants' MSA is DENIED as follows. Evidentiary Objec...

Excerpt: ... his vehicle to El Pollo Loco to obtain food for a delivery assignment for DoorDash. Plaintiff asserts two causes of action against defendants Terry Carpenter (“Mr. Carpenter”) and DoorDash, Inc. (“DoorDash”) for (1) negligence, and (2) negligent hiring, selection, and retention. Prior to hiring a driver as delivery personnel for DoorDash, DoorDash has a background check on each driver performed by a company called Checkr. Mr. Carpenter's...

Excerpt: ...y General Act (“PAGA”) action. Plaintiff Robert Parsons, as an individual and on behalf of all others similarly situated, alleges that Defendant violated Labor Code §204(d) by failing to timely pay its employees. Plaintiff requests civil penalties pursuant to Labor Code §2698 et. seq. Defendant moved for judgment on the pleadings on the ground that Plaintiff failed to serve a demand on Defendant pursuant to Labor Code §211 prior to the fil...

Excerpt: ...medical negligence, (2) elder abuse , and (3) loss of consortium, against Dr. Chan and defendant Elizabeth Wasson, M.D. (“Dr. Wasson”). Plaintiffs allege that Mrs. Rivers, a 66 year old woman, was admitted to Mercy General Hospital on June 25, 2018 to undergo a consultation with an infectious disease doctor on June 26, 2018. They allege that “[A]t the point of [Mrs. Rivers'] admission, All Defendants had a substantial caretaking or custodia...

Excerpt: ...al Rule 1.06. Moving counsel is directed to contact opposing counsel and advise 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 in person or by telephone. Defendant's request for judicial notice of the National Highway Traffic Safety Administration's database, accessible th...

Excerpt: ...as now received a sufficient meet and confer declaration, and this motion follows. Overview This action arises from an incident at a demonstration. Plaintiff alleges that while she was protesting at a March 31, 2018 demonstration, defendant Miguel Trejo, a Sacramento County Sheriff's deputy (“Deputy Trejo”), intentionally struck her with his patrol vehicle at the scene of a demonstration and then fled. Plaintiff filed her Complaint on April 2...

Excerpt: ...ging common counts, defendant filed an answer which included a general denial followed by 24 purported affirmative defenses. In this motion plaintiff now seeks to strike all but five of these affirmative defenses on the grounds they were asserted in violation of the standards found in Code of Civil Procedure §128.7(b)(2) and (3) and defendant, after being provided notice and opportunity, failed to withdraw these defenses. Plaintiff also requests...

Excerpt: ...ed that all documents were served. The Court, in an abundance of caution, continued the matter for Plaintiff to serve the motion with all the papers. It also provided Plaintiff an additional opportunity to serve an opposition. Defendants complied with the Court's order. Plaintiff did not file another opposition. This is an action for breach of contract, negligence, and claim against contractor's bond. Plaintiffs named Mateush and West Coast Const...