Excerpt: ... Chima's Towing gifted to Harmit Chima, the Toyota Solara that she was driving during the accident, but that because Chimas Towing botched the lien sale of the Solara, the previous owner, Sydney Paige Hetfeld, not Harmit Chima, still owned the vehicle. Plaintiff seeks a declaration that the 2012 lien sale was defective, a declaration that Sydney Paige Hetfeld still owns the vehicle and a declaration that Chima's Towing was borrowing the vehicle a...

Excerpt: ...to compensate Service Master for those services. Defendant alleges that Plaintiff failed to provide compensation for services under the terms of the contract. On May 27, 2020, ServiceMaster filed its Complaint in this Court (Case No. 34‐2020‐ 00280436) against Watts. The Complaint alleged causes of action for breach of written contract, open book, and account stated. Watts was personally served with the Summons and Complaint on July 13, 2020,...

Excerpt: ...in a loan from a lender in the amount of $500,000, $2,000 was to be paid to at the opening of escrow, and Plaintiff would pay the remaining $123,000 at close of escrow. Plaintiff alleges that at the time the Parties entered the agreement, the property was reasonably worth $636,000, “so that the agreement was fair, just, and reasonable” and that the “consideration being paid to Defendant [was] adequate.” (Compl. ¶ 12.) Plaintiff alleges t...

Excerpt: .... KB defendants seek to redact three matters from their concurrent motion: (1) the Plaintiff's name; (2) the settlement amount; and (3) the portion of the settlement allocated to Plaintiff's lost wages. Protection of the Plaintiff's identity is appropriate and consistent with the use of an alias in this action in accordance with California Rules of Court, Rule 1.201. To the extent the KB defendants seek to redact the Plaintiff's true name, the mo...

Excerpt: ...rately upon the ground that Plaintiff's claims against him are barred by the statute of limitations. The question presented upon demurrer is whether the plaintiff has alleged sufficient facts in the complaint to justify relief on any legal theory. (Service by Medallion, Inc. v. Clorox Co. (1996) 44 Cal.App.4th 1807, 1811‐1812.) The trial court is required to give the complaint a reasonable interpretation, and to treat the demurrer as admitting ...

Excerpt: ...wing grounds: 1. the negligence cause of action is barred by the one‐year statute of limitations pursuant to Code of Civil Procedure §340.5, it is uncertain and ambiguous, and it fails to state facts sufficient to constitute a cause of action; 2. the premises liability claim is uncertain and ambiguous, and fails to state facts sufficient to constitute a cause of action; 3. the “vicarious liability” cause of action fails to state a viable t...

Excerpt: ...'s counsel is unable to contact opposing counsel prior to the hearing, Admiral'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). Admiral's demurrer to Plaintiff Clayco, Inc., dba Clayco Construction Company, Inc.'s (“Clayco”) Complaint is OVERRULED as follows. The parties...

Excerpt: ..., on the grounds that the proposed class action and PAGA settlement are fair, reasonable, and adequate as to all class members and should be given final approval by the Court. Plaintiff moves for an order: 1. Certifying the proposed class herein for purposes of settlement; 2. Appointing Plaintiff Raul Vasquez Vanegas as Class Representative for purposes of settlement; 3. Appointing the Shimoda Law Corp. as Class Counsel for purposes of settlement...

Excerpt: ...nts, LLC (GGH); and GG E16 Apartments, LLC (GGE), is DENIED as set forth below. Plaintiffs (HLocal and ELocal), are limited liability companies. Plaintiffs are members of other limited liability companies (HApt, EApt) which are in turn members of other limited liability companies (GGH and GGE). GGH and GGE separately own two apartment buildings in midtown Sacramento. GGH and GGE have decided to sell their buildings to a third‐party. Plaintiffs ...

Excerpt: ...g counsel prior to the hearing, Plaintiff'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). Plaintiff's motion for sanctions under Code of Civil Procedure (“CCP”) sections 1281.97 and 1281.99 is DENIED as follows. The Court declines to rule on Defendant Elk Grove Auto Gro...

Excerpt: ... an intervening reassignment of the case between the Law & Motion Departments, and late filed papers. After a continuance of the hearing from October 29, 2020 to February 4, 2021, at Plaintiffs' request, the new date for Plaintiff to file any opposing papers became January 21, 2021. Plaintiff filed no opposition to this motion by that date. The Court's register of actions indicates the Court's receipt of an opposition brief from Plaintiff on Janu...

Excerpt: ...nd Harrington Declaration, submitted in conjunction with Plaintiff's Reply, is sustained. Plaintiff did not file objections to evidence. FACTS Plaintiff was formerly an employee of a chain of care homes in the Sacramento area, owned by Defendant Haven Valley Care, Inc., providing care giving services to disabled clients of the homes. Plaintiff filed claims for unpaid wages with the Labor Commissioner. On February 17, 2019, following a full day he...

Excerpt: .... *** Plaintiff Lauren Sanders' (“Plaintiff”) motion to compel Defendant GHC of SACSNF,LLC dba Gramercy Court's (“Gramercy Court”) further responses to request for production of documents is ruled upon as follows. This is an elder abuse, medical negligence and wrongful death action. Plaintiff Lauren Sanders suing in her individual capacity, as well as successor‐in‐interest to decedent Louise Chappell (“Decedent”). Plaintiff allege...

Excerpt: ...ional discovery. Then on 1/28/2021 Judge Krueger recused himself from this matter, which resulted in this matter being transferred to this department and re‐set for hearing on 3/24/2021. The Court's 1/28/2021 order transferring this matter specified that no further briefing on this matter would be considered unless leave of court was obtained. The Court now rules as follows. *** If oral argument is requested, the parties are directed to notify ...

Excerpt: ... 2021 at Plaintiff Stella Altraide's request. Judge Krueger then recused himself from this matter on January 27, 2021, which resulted in this matter being transferred to this department and re‐set for hearing on today's date. While Plaintiff did not file a timely opposition in connection with the January 27, 2021 hearing, she has filed an opposition in connection with the re‐set hearing. Given the dispositive nature of the motion, the Court c...

Excerpt: ...music, food vendors, and samples of local beer and wine. At the event a large tree limb fell on plaintiff Steven Bralley (“Plaintiff”) when he was sitting under a large Valley Oak, which caused him to sustain injuries and rendered him a paraplegic. Plaintiff and his wife, Dana Bralley (collectively, “Plaintiffs”) filed their Complaint on June 27, 2019, against Gordon, the organizer of the event, Cosumnes Community Services District (“CC...

Excerpt: ...s”), Plaintiffs seek to compel Defendant to provide full and complete responses to certain requests for production. Requests Nos. 1, 6, 10, 11‐33, 41, and 80 relate to Defendant's investigation and analysis regarding the Defects. Requests Nos. 8, 9, 54, 58, 59 and 76 relate to Defendant's warranty and repurchase policies. Defendant interposed numerous objections to the requests for production, including objections based on relevance, burden a...

Excerpt: ...irected 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. Plaintiffs' request for judicial notice of orders in other cases in federal district court actions and an Los Angeles Superior Court ruling...

Excerpt: ...ado 1500, VIN 3GCUKREC2GG334281 (the “Vehicle”). Plaintiff served GM with Form Interrogatories, Set One, on October 16, 2020. (Matera Decl. Exh. 1.) GM served unverified responses on November 4, 2020. (Matera Decl. Exh. 2.) Documents were later produced on December 4, 2020. (Matera Decl. Exh. 3.) Verifications followed on December 31, 2020. (Matera Decl. Exh. 4.) On February 9, 2021, Plaintiffs asked GM for an extension to the motion to compe...

Excerpt: ... summons and complaint within three years as required by CCP § 583.210. SGN was ultimately served with the cross‐ complaint on January 10, 2021 when Centex served Stuart Nelson, a former director of SGN. Both parties' requests for judicial notice are granted. Centex opposes the motion on the basis that service was timely under the circumstances of the case. Pursuant to CCP § 583.210, “the summons and complaint shall be served upon a defenda...

Excerpt: .... The Solano County Action Plaintiff Reveille Farms, LP (“Plaintiff”) operates a working farm in Dixon, California. In October of 2017, it contracted with Michel Labor Services (“MLS”) for field and farm labor. According to the First Amended Complaint (“FAC”) filed in the Solano County Action, Plaintiff never participated in the hiring, selection, or firing of field and farm laborers and paid MLS for the cost of labor plus profit for ...

Excerpt: .... Dep't of Transp. (1997) 15 Cal.4th 543, 590; Steed v. Department of Consumer Affairs (2012) 204 Cal.App.4th 112, 120‐121.) Vibra Hospital fails to comply with CRC Rule 3.1110(f)(3) which requires that each paper exhibit must be separated by a hard 8 ½” x 11” sheet with hard paper or plastic tabs extending below the bottom of the page, bearing the exhibit designation. I. Overview This is an action for Declaratory Relief, Unfair Business P...

Excerpt: ...d his automobile insurance carrier, GEICO. The action arises out of a November 16, 2017, rear‐end collision that caused neck, back, and left arm injuries to Ellis. The matter was referred to arbitration pursuant to Ellis' automobile policy with GEICO. The arbitration evidentiary hearing is scheduled for May 6, 2021. (Sandhu Decl. ¶ 2.) The only issue to be determined at arbitration is the nature and extent of Ellis' physical injuries. On Decem...

Excerpt: ...ntiff previously sought and received a temporary restraining order (“TRO”) freezing financial accounts held by any Defendant with any financial institution within the United States (pending and/or in lieu of attachment) above $5,000 per institution, and prohibiting disposition of any assets, records, and other items acquired by Decedent or her estate. The requested TRO was subject to a monthly spending allowance of $5,000 for California resid...

Excerpt: ...t 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 Ramos Oil (erroneously sued as PacWest Tank Lines, LLC) and Brian Hampton's (“Hampton”)(collectively “Defendants”) motion for summary judgment, or in the alternative summary adjudication, is ruled upon as follows. Overview This is personal injury action...