Excerpt: ...n Sells, Sr., Kristen Sells, and Samuel Delavallade (collectively, “Plaintiffs”) filed a statement of non‐ opposition. This action concerns alleged medical negligence involving the alleged negligent care and treatment received by plaintiff Kristen Sells during the labor and delivery of Kash Sincere Delavallade from Dr. Kopf and other defendants. Dr. Kopf moves for summary judgment on the ground Plaintiffs cannot establish breach of the appl...

Excerpt: ... purchase and subsequent use of a Shiatsu Massage Pillow, which is alleged to have caused a variety of injuries to plaintiff. The 1AC purports to assert causes of action for Negligence, “Strict Products Liability,” and “Fraud.” Defendant now demurs only to the final cause of action for “Fraud” on the ground it fails to plead sufficient facts. In particular, defendant contends that this cause of action consists solely of impermissible ...

Excerpt: ...e is granted. Only Plaintiff Brian Bigelow submitted an opposition through counsel. While Counsel's motion to withdraw as Mr. Bigelow's counsel of record was granted on March 3, 2021, the ruling indicated that the Court will sign the order submitted, which shall be “effective upon the filing of the proof of service of th[e] signed order upon the client.” The Court signed the order on March 8, 2021, though counsel did not have time to serve th...

Excerpt: ...pen book account and violation of Business and Professions Code § 17200. The complaint arises from allegations that Defendant is an alcoholic beverage wholesaler and charges its customers 2% per month on unpaid balances that are 43 or more days past due in violation of the 1% limit in Business and Professions Code § 25509(a). (Comp. ¶¶ 1, 2.) Plaintiff alleges that it operated a cantina in Sacramento between November 2015 and August 2018 and ...

Excerpt: ...st, the Court identifies the issues framed by the pleadings. The pleadings define the scope of the issues on a motion for summary judgment. (FPI Dev. Inc. v. Nakashima (1991) 231 Cal.App.3d 367, 381‐382.) Because a motion for summary judgment is limited to the issues raised by the pleadings (Lewis v. Chevron (2004) 119 Cal.App.4th 690, 694), all evidence submitted in support in support of or in opposition to the motion must be addressed to the ...

Excerpt: ...emurrer to the First Amended Complaint filed by the plaintiff, Mitchell Development Enterprises, Inc. is sustained with leave to amend for failure to state facts sufficient to constitute a cause of action. Mitchell Development's First Amended Complaint alleges that defendants violated his constitutional rights in connection with the administrative review of his challenge to his tax liability. Defendants contend plaintiffs causes of action essenti...

Excerpt: ...rison psychiatrist. Plaintiff is no longer incarcerated. He was released from Solano State Prison in February 2021. Plaintiff, in pro per, filed the Complaint on June 17, 2019. The Complaint alleged two causes of action for negligence and intentional tort. Defendant demurred to the Complaint, which was sustained with leave to amend on December 18, 2019. Plaintiff filed a First Amended Complaint (“FAC”) on December 20, 2019, which again allege...

Excerpt: ...all causes of action without leave to amend, but on a "motion to clarify" ruled that the demurrer was sustained with leave to amend so that plaintiff could exhaust his administrative remedies with CalPERS. Plaintiff asserts that the dispute with CalPERS is now resolved and that the Second Amended Complaint does not seek to change the benefit he is receiving through CalPERS but instead a certain retirement benefit that SDRMA agreed to give him. Pl...

Excerpt: ...). Plaintiff's and Defendants' requests for judicial notice are unopposed and granted. Background This action arises out of a dispute over the Fong family businesses and the decedent Samuel B. Fong's (“Decedent”) personal estate. Defendant Jason Yet Ying Fong (“Jason”) is the Decedent's son and the Executor of his Estate, as appointed by the Sacramento County Superior Court in Case No. 34‐ 2018‐00244649 (the “Probate Action”). (TA...

Excerpt: ...e is granted. Cross‐complainant's Objections to Evidence: Overruled for the reasons stated in the response to objections. Cross‐defendant's Objections to Evidence Sustained as to No. 1 (hearsay). Overruled as to No. 2, 3, 4, 5, 6, 7, and 8. Plaintiff/cross‐defendant Bank contends Cross‐complainant Kronick violated former Rules of Professional Conduct ("RPC") Rules 3‐310 and 3‐600 by failing to obtain a written waiver of conflict from ...

Excerpt: ... cart and a plaintiff, a two‐year‐old boy, at the 2018 Dixon May Fair. An employee of co‐defendant Professional Event Service, Mr. Meek, drove the golf cart over Plaintiff David S. Cruz Abundio ("Plaintiff'), causing him permanent brain damage. District has filed a motion for summary judgment set for hearing on April 7, 2021. (See February 10, 2021 ex parte Order, ROA 279) The plaintiff's opposition to that motion is due March 24, 2021. On ...

Excerpt: ...m, California (the “Inn”). Plaintiff alleges that in 2007, it entered into a written construction contract with Poelman Construction, Inc. (“Poelman”) to build the Inn. (First Am. Compl. (“FAC”) ¶ 12.) Poelman subcontracted with DTS Mechanical, Inc. (“DTS”), an HVAC installation contractor. (FAC ¶ 14.) DTS installed a Daikin VRV‐II system (“VRV‐II” or “HVAC System”) that was supplied by Norman S. Wright Mechanical Eq...

Excerpt: ...not serve the proposed order on them. Defendants contend this failure is a due process violation under the United States and California Constitutions. Defendants also contend they did not have a sufficient amount of time to review the proposed order before it was submitted to the Court. On January 5, 2021, Plaintiff served Defendants with a Proposed Order. (ROA 35.) The Order signed by the Court on January 12, 2021, is different than the Proposed...

Excerpt: ... the objections to the late filed evidence because it has given respondent the opportunity to file a sur‐opposition. Respondent's Request for Judicial Notice is granted. The Court takes judicial notice of the existence of the documents but not the truth of the matters stated therein. However, if a plaintiff alleges compliance with the claims presentation requirement, but the public records do not reflect compliance, the governmental entity can ...

Excerpt: ...Civil Code § 51 (civil rights of persons in business establishments); (2) Civil Code § 51.7 (Ralph Civil Rights Act); (3) conversion; (4) intentional infliction of emotional distress; (5) consumer legal remedies act; and (6) injunctive relief. Plaintiff's complaint alleges that Best Buy discriminated and threatened violence against him due to his race (African American), ethnicity and/or national origin (Nigerian) when he attempted to exchange ...

Excerpt: ...has indicated the incorrect address in its notice of motion. The correct address for Department 54 of the Sacramento County Superior Court is 813 6th Street, Sacramento, California 95814. Defendant shall notify Plaintiff immediately. On November 30, 2020, Plaintiff served Request for Production of Documents, Set One, and Special Interrogatories, Set One, on Defendant's attorneys via email. (Bocanegra Decl. ¶ 6.) Responses were due on January 4, ...

Excerpt: ...iff filed what was labeled an opposition, but which suggested the most efficient means of addressing the issues presented by defendant is to simply sustain the demurrer with leave to amend within 20 days. Accordingly, the Court construed Plaintiff's opposition as effectively conceding the merits of the arguments advanced by Defendant and sustained the demurrer with leave to amend. Plaintiff filed the FAC on October 21, 2020, alleging the followin...

Excerpt: ... shortly before entering into the purchase agreement with Defendant Elk Grove Auto Group, Inc. dba Elk Grove Dodge Chrysler Jeep (“Defendant”). Wheat's complaint asserts causes of action for Financial Elder Abuse, Violation of Consumer Legal Remedies Act, Unfair Competition, Undue Influence, Civil Code §3345, Penal Code violations and Conversion. He seeks monetary damages as well as rescission of the purchase agreement. On 8/20/2020, the cou...

Excerpt: ...** Plaintiff Michael Giambona's motion to compel Defendant Zyllion, Inc.s' further responses to form and special interrogatories is ruled upon as follows. This is a products liability action in which Plaintiff was injured by Defendant's ZMA 13BK Shiatsu Massage Pillow. Plaintiff alleges that he suffered a stroke and other injuries due to the product's design and manufacturing defects, and failure to warn. At issue are Form Interrogatory 12.5 and ...

Excerpt: ...r judicial notice is granted. In this dental malpractice action, Plaintiff seeks damages from Defendants Thomas N. Ludlow, DDS, and his practice doing business as Expressions in Dentistry, who operates as a general dental practice in Folsom, California, and Will Koett, Jr., DDS. The complaint alleges Plaintiff was harmed by Defendants' purported improper and unauthorized extraction of several of her teeth, removal of crowns, and administration 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 Daikin North America, LLC (“Daikin NA”) and DACA Delaware Dissolution Trust's (“DACA”) (collectively “Daikin Defendants”) motion for summary judgment, or in the alternative, summary adjudication is ruled upon as follows. I. Overview This ...

Excerpt: ...ly, “Plaintiffs”) filed a motion for preliminary approval of class action settlement, which was set for hearing before Judge Mesiwala in Department 53 on January 21, 2021. (ROAs 31‐33.) On January 20, 2021, Judge Hom issued a tentative ruling granting Intervenors' motion to intervene. (ROA 65.) After the hearing on January 22, 2021, Judge Hom took the matter under submission. (ROA 71.) On January 20, 2021, this Court issued a tentative ruli...

Excerpt: ...tted on law and motion matters. *** Defendant County of Sacramento's (erroneously sued as the Sacramento County Sherriff's Department) demurrer to Plaintiff Jeffrey Bacoch's first amended complaint (“FAC”) is ruled upon as follows. Overview This is a FEHA gender/sex discrimination, harassment, and retaliation action. Plaintiff alleges that he was been employed with Defendant for over 25 years as an academy Training Officer, Field Training Off...

Excerpt: ...ction of consumer debt in the amount of $34,632.11. Plaintiff filed this lawsuit on March 13, 2019. On January 26, 2021, the Parties met for a Mandatory Settlement Conference (MSC) in Department 59. Following the MSC, the Court entered a Minute Order reflecting that a Stipulation for Settlement was or would be filed. (ROA 25.) The Parties agree that, among the terms of the settlement, were that Defendants were required to pay Plaintiff $18,000 ov...

Excerpt: ...Countryhouse's “Memory Care Unit.” Plaintiff Damon Riley, Ms. Riley's son, alleges causes of action for Negligent Infliction of Emotional Distress and Wrongful Death. Plaintiff alleges that Ms. Riley was admitted to the facility to address her dementia, though she was otherwise healthy at the time. They allege that due to the neglect at the facility, Ms. Riley died in August 2019 as a result of injuries sustained from a fall. Plaintiffs alleg...