Excerpt: ...amended ex parte order indicated that the motion and the order were to be personally served on Defendant by 4 p.m. on March 1, 2021. (ROA 335.) On February 17, 2021, this Court denied Plaintiff's motion to compel responses to the subject special interrogatories finding that Defendant's attorney's letter objecting to the discovery on the basis that the discovery was untimely was a response. The Court also found that the discovery was not untimely....

Excerpt: ...erative pleadings, currently set for hearing on June 10, 2021.) Plaintiff David Steward alleges that at some point in 2002, Defendant Bickford contacted him and the two together ultimately developed a multi‐company business strategy in which Plaintiff focused on technology marketing, commercialization and financing; and Defendant focused on technology software development. (SAC ¶ 16.) The two formed a joint venture, by which they established t...

Excerpt: ...k (1990) 220 Cal. App.3rd 1117, 1138.) Newberg on Class Actions (4th Ed.), the most authoritative treatise on class actions, discusses the process for approving the settlement of a class action. At § 11.24, “Procedure for Submitting Class Settlement for Approval,” Newberg describes the review at the preliminary stage as the submission by the parties of the essential terms of the agreement for informal review of the settlement papers by the C...

Excerpt: ...eges causes of action against Defendants and Sierra Hematology‐Oncology Medical Center (“Sierra”) for breach of contract, interference with prospective economic advantage, money had and received, conversion, accounting and declaratory relief. Plaintiff has since dismissed the money had and received and conversion causes of action. The action arises out of a dispute under a Shareholder Agreement pursuant to which Plaintiff was issued shares ...

Excerpt: ...ch's obligation was guaranteed by Defendant Sharmilla Patil. Defendant Patil filed an Answer to the Complaint on June 12, 2020. Defendant Patil's answer to that complaint, filed June 12, 2020, comprises a general denial with sixteen affirmative defenses. On August 20, 2020, Plaintiff served special interrogatories on Defendant. Defendant failed to respond to the discovery requests. Having failed to obtain responses to the discovery requests, NCSS...

Excerpt: ... or the “Schaffs”). The Schaffs hired C. Piata Construction to remodel their home. A “Home Improvement Contract” (the “Contract”) was signed by Meredith Schaff and Craig Piatenesi. Jeff Schaff did not sign the Contract. Craig Piatenesi signed section 33, Arbitration of Disputes, but neither Meredith nor Jeff signed or initialed the arbitration section. (Petition Exh. A.) In or about August of 2019, during the course of the home improv...

Excerpt: ..., Jerry Fong, and Art Fong (collectively, the “Fong Siblings”) request for judicial notice is granted. Mr. Fong moves the Court for leave to file his Petition for Order Confirming Trust Assets; for Order Authorizing and Directing the Transfer of Trust Property to Trustee; and for Double Damages under Probate Code § 859 (the “Cross‐ Petition”) as a CrossComplaint against the Fong Siblings and the Lily Company, not a party to this action...

Excerpt: ...on papers as plaintiff has not been prejudiced by the late service, and the court is also considering the late filed reply papers filed two court days before the hearing. This action arises out of the parties' real estate development business. Plaintiff alleges that he invested money in the LLC that he formed with defendant to develop properties, but that defendant has not properly accounted for the funds, has not developed the property, and has ...

Excerpt: ...ended Complaint, filed August 24, 2020. The omission of these defendants by the Barrows serves as a dismissal without prejudice. An amended complaint may add or omit parties. If it omits a defendant named in the original complaint, it serves as a dismissal without prejudice as to that defendant. Kuperman v Great Republic Life Insurance Co. (1987) 195 Cal.App.3d 943, 947. Defendant seeks judgment on the pleadings, with prejudice, based on the alle...

Excerpt: ...ntative ruling system and to be available at the hearing, in person or by telephone, in the event the opposing counsel appears without following the procedures set forth in Local Rule 1.06(B). FCA has also indicated the incorrect address in its notice of motion. The correct address for Department 53 of the Sacramento County Superior Court is 813 6th Street, Sacramento, California 95814. FCA shall notify Plaintiff immediately. In this lemon law ac...

Excerpt: ...e is granted as to items 1 and 2. The request as to item 3, which is the California Department of Insurance's Life Insurance and Annuities Guide as issued online, is granted to the extent that the Court takes judicial notice of the website's existence. However, the Court does not accept the contents of the website as true. (Ragland v. U.S. Bank National Assn. (2012) 209 Cal.App.4th 182, 194.) Plaintiffs filed their Complaint on December 31, 2018,...

Excerpt: ...orporation on January 20, 2018. Plaintiffs contend the Subject Vehicle was sold with an implied warranty of merchantability from both GM and Roseville Motor Corporation pursuant to Civil Code § 1792. Plaintiffs allege that during the warranty period, the Subject Vehicle contained or developed non‐ conformities, including but not limited to a defective engine. Plaintiffs contend that the non‐ conformities substantially impair the use, value a...

Excerpt: ...s. *** Defendant Hyundai Motor America's (“HMA”) demurrer to Plaintiff Viacheslav Elikov's first amended complaint (“FAC”) is ruled upon as follows. Overview Plaintiff alleges that HMA is or was the manufacturer and/or distributor of the Vehicle that is the subject of this litigation. (FAC, ¶ 5.) Plaintiff alleges that HMA runs and advertises a certification program in which its used vehicles are certified by HMAauthorized retailers as b...

Excerpt: ...t‐and‐confer process in person or by telephone, as required by Code of Civil Procedure §430.41(a). Having received the requisite meet‐and‐confer declaration, the Court now issues the following tentative ruling. *** If oral argument is requested, the parties must at the time oral argument is requested notify the clerk and opposing party of the specific causes of action that will be addressed at the hearing. The parties are also reminded t...

Excerpt: ...Plaintiff's motion to compel Defendant FCA US, LLC's further responses Request for Admissions is ruled upon as follows. This is a lemon law action. Plaintiff alleges that on February 22, 2014, she purchased a vehicle from defendant. The vehicle began experiencing defects. Plaintiff delivered her vehicle to an authorized repair facility on 9 occasions, but the defects were never repaired. Plaintiff filed this action on 7/27/2020. Plaintiff moves t...

Excerpt: ...nt Provident Savings Bank's (“PSB”) demurrer to Plaintiff Daniella Gusella's complaint is ruled upon as follows. Overview This is a non‐judicial foreclosure, Homeowners' Bill of Rights (“HBOR”) action. Plaintiff alleges that on 2/27/2004, Frank and Cynthia Aubrey obtained a mortgage in the amount of $540,000 from Countrywide Home Loans, Inc. (“Countrywide”) for the property. (Complaint, ¶ 11.) The mortgage was secured by a Deed of ...

Excerpt: ...hour violations, constituting: (1) violation of Cal. Labor Code §§ 226.2, 510, 1194, and 1197; (2) violation of Cal. Labor Code §§ 226.2, 226.7, and 512; (3) violation of Cal. Labor Code §§ 226.2 and 226.7; (4) violation of Cal. Labor Code §§ 226(a) and 226.2; (5) violation of Cal. Labor Code § 2802; and (6) violation of Cal. Bus. & Prof Code § 17200, et seq. (See generally Compl.) Plaintiff alleges that because blood examiners like her...

Excerpt: ...' land. Plaintiffs allege causes of action for invasion of privacy, trespass, fraud, negligent misrepresentation, and unlawful business practices. Plaintiffs allege that Defendants took dishonest steps designed to get Plaintiffs to sell their property for below‐market value and/or to move their business. (First Am. Compl. ¶¶ 13, 63.) In particular, Plaintiffs allege that Defendants created and deployed a fake air monitoring device affixed wit...

Excerpt: ...d Rescue, LLC, dba Inventure X (“InventureX”) and Plaintiff wherein InventureX agreed to conduct a digital marketing campaign for Plaintiff (“the Agreement”). The Agreement provides the digital marketing campaign would be split into three, separate phases: (1) Pre‐Launch Marketing ‐ 60‐day period; (2) Generate Funding and Exposure ‐ 30‐day period; and (3) Post‐Funding Phase ‐ 30‐day period. The form first amended complaint...

Excerpt: ... matter, the Court acknowledges that Plaintiff filed a notice of order granting Plaintiff's appeal to the bankruptcy panel of the Ninth Circuit and staying remand. (See ROA 218.) As such, Plaintiff argues the Court is divested of jurisdiction to hear the instant motion. On reply, Defendant argues that Plaintiff's appeal involves an entirely unrelated bankruptcy matter to the Ninth Circuit Bankruptcy Appellate Panel (“BAP”) and her bankruptcy ...

Excerpt: ...tiff's purchase of real property. On May 13, 2020, Defendants propounded form interrogatories, special interrogatories, requests for admission, and requests for production of documents on Plaintiff. (Jones Decl. ¶ 2, Exhs. 1‐4.) Defense counsel ultimately filed a motion to compel, which the Court heard on November 12, 2020, after Plaintiff's ex parte application to extend time to file an opposition. (Jones Decl. ¶ 8.) The motion to compel was...

Excerpt: ...rt, Rule 2.104. The font sized used for Plaintiff's opposition brief was less than the required 12 point minimum. Had the proper font size been used, the length of the opposition would have exceeded the 20 pages maximum. Evidentiary Objections Pursuant to Code of Civil procedure section 437c, subdivision (q), the Court only rules on the objections to evidence deemed material to its disposition of the motion. Sutter's evidentiary objections are ru...

Excerpt: ...tion with alleged sexual assault allegations arising at California State Prison, Los Angeles. Defendant alleges (1) it is immune from suit pursuant to Government Code section 844.6; and (2) the alleged violations of California Code of Regulations, title 15, and the Penal Code do not support a private right of action. Background Plaintiff alleges he was assaulted by CDCR employees on November 2, 2019, at California State Prison, Los Angeles County...

Excerpt: ...ired by Local Rule 1.06(D), the notice does not comply with that rule. Moving counsel is directed to review the Local Rules. Plaintiff/judgment creditor SMUD contends that as a result of its legal counsel's mistake, inadvertence and excusable neglect, it failed to timely file its application pursuant to Code of Civil Procedure §683.120 to renew the lump sum money judgment it obtained against defendant Tucker back on 6/14/2010. Specifically, plai...

Excerpt: ...counsel 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. Plaintiff's opposition fails to comply with CRC Rule 3.1113(f). Overview This is a personal injury action arising from a motor vehicle accident. Defen...