Excerpt: ...d 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. *** Defendants Susan Pikowsky, Raymond Tartar, Hallmark Properties, Harry M. Manji, Jon Yoshizo Manji, and the Manji Trust's (“Defendants”) motion for summary judgment and/or adjudication is ruled as follows. Plaintiffs Angela Andrews, and Harold Andrews, by and through his legal representative ...

Excerpt: ...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. *** The notice of demurrer 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'...

Excerpt: ...Plaintiffs' request for judicial notice of a Residential Income Property Purchase Agreement is DENIED. The existence of a contract between private parties cannot be established by judicial notice under Evidence Code, § 452, subdivision (h). (Gould v. Maryland Sound Industries (1995) 31 Cal.App.4th 1137, 1145.) Plaintiffs request for judicial notice of a deed of reconveyance is GRANTED. (Evid. Code, § 452, subd. (d).) Defendants' request for jud...

Excerpt: ...suffers from emotional pain and suffering, including concussion symptoms, forgetfulness, PTSD, and headaches. Plaintiff alleged she was diagnosed with a traumatic brain injury and that she will require care as she cannot be left alone as a result of significant memory and concentration problems. Defendant served a notice of independent mental examination (“IME”) on November 4, 2021. The IME called for a series of non‐invasive psychological ...

Excerpt: ...de verified responses, without objections, to Defendant's form and special interrogatories and requests for production (sets one) no later than January 27, 2022. No sanctions were requested and none were awarded. On April 27, 2022, the Court granted Defendant's second motion to compel the same discovery responses and Plaintiff was ordered to serve responses without objections no later than May 4, 2022. Again, no sanctions were requested and none ...

Excerpt: ... contract with “The State of California” (“State”) in which the State would purchase personal protective equipment (“PPE”) for a total price of $799,015,000. Plaintiff did not receive any advance payments on the contract. At or around the same time, the State entered into contracts with least two other providers for the purchase of PPE, BYD Motors (“BYD”) and Blue Flame Medical, LLC (“Blue Flame”). Plaintiff is informed and be...

Excerpt: ...ought by Defendant in the Low Prasad v. Broadbase, Sacramento Superior Court Case No. 34‐2020‐00273739 (Prasad) which was continued from July 19, 2022, to today's date, was opposed (albeit very briefly). Low Prasad is also a plaintiff in the instant action. The plaintiffs in both cases are represented by the same counsel. Plaintiffs filed essentially the same 3 plus page opposition in this case, albeit, on July 20, 2022, only 5 Court days pri...

Excerpt: .... The Litigation Coordinator shall not only provide a copy of the tentative ruling to plaintiff in pro per but also have plaintiff in pro per available for oral argument at the above‐stated time. Appearance will be by ZOOM and Department 53's Zoom ID is 841 204 6267. To appear on Zoom by telephone, call (888) 475‐4499 or (877) 853‐5257 (toll‐free) and enter the Zoom ID referenced above. The demurrer of defendants California State Prison�...

Excerpt: ...19‐PM3. Plaintiff alleges that he took title to the subject property with Defendant Madison as joint tenants and that she has since stopped paying the mortgage. Plaintiff seeks to amend the complaint to remove the allegation that the parties are joint tenants, add more factual detail regarding the parties' contributions to the subject property, verify the complaint and more. “Trial courts are vested with the discretion to allow amendments in ...

Excerpt: ...ndants John C. Wong (“Defendant John”), Richard Wong (“Defendant Richard”), Eugene Wong (“Defendant Eugene”), Eugson Wong (“Defendant Eugson”), Ting Chu Wong (“Defendant Ting Chu”), and Thomas Wong (“Defendant Thomas”) (collectively “Defendants”). (ROA 1.) Plaintiff alleges six causes of action ‐ (1) Declaratory Relief, (2) Breach of Fiduciary Duty, (3) Fraud, (4) Conversion, (5) Aiding and Abetting Breach of Fiducia...

Excerpt: ...ichard Rogers, Chris Stevens (“Stevens”), Amy Tong, Zack Wheat, Lesleigh McCaskill, Taylor Sharp (“Sharp”) and Yolanda Rodriguez (collectively “Moving Defendants”) to strike the twelfth cause of action for defamation in Plaintiff Samuel Bernard Johnson III's (“Plaintiff”) First Amended Complaint (“FAC”) pursuant to Code of Civ. Proc. § 425.16 is DENIED. Plaintiff's request for judicial notice is unopposed and granted. As a pr...

Excerpt: ...council form complaint alleging causes of action for motor vehicle and general negligence arising from a motor vehicle accident on January 15, 2021. Plaintiff alleges that Defendant ran a red light while under the influence of alcohol in violation of Vehicle Code § 23152(a) and that the police report determined Defendant was the cause of the accident. Defendant specifically moves to strike ¶ 14a(2) of the form complaint (the box for punitive da...

Excerpt: ... an adult service program that provides elderly and disabled adults an array of therapeutic programs. Defendant is an administrator for Kingdom Living ADHC. Eddie was a client of Kingdom Living ADHC from November 2016 to March 2019. In March 2019, Plaintiff moved her son to a different facility and alleges she learned from the administrator at the new facility that Defendant was making defamatory statements about her. Plaintiff alleges a single c...

Excerpt: ...iff. (Langenfeld Decl., ¶¶ 2‐3 and Exhs. A‐B.) On February 17, 2022, Defendant granted an extension to respond to the discovery to March 22, 2022. (Langenfeld Decl., ¶ 4 and Exh. C.) Plaintiff failed to provide any responses by the deadline. (Langenfeld Decl., ¶¶ 5‐6.) Defendant now brings this motion, along with 19 other concurrently pending discovery motions as to various plaintiffs, for an order compelling responses. Plaintiff filed...

Excerpt: ...egligence. The request for summary adjudication of the second cause of action for premises liability is GRANTED. Defendant/Cross‐ Complainants Sheraton Grand Hotel's, Marriot International, Inc.'s and Starwood Hotels & Resorts Worldwide, LLC's (“Hotel Defendants”) joinder to the motion is not properly before the Court at this time. The notice and supporting papers for a motion for summary judgment must be filed 75 days before the hearing. (...

Excerpt: ...the separate statement. Defendant applied for and was issued a Wells Fargo credit card ("Subject Account") ending in 5642. (UMF 1.) Plaintiff sent Defendant the credit card along with the written Customer Agreement associated with the credit card. (UMF 2.) Attached to the Declaration of Plaintiff's Qualified Witness as Exhibit "1," and incorporated herein by reference, is a true and correct copy of Defendant's Customer Agreement. Pursuant to the ...

Excerpt: ...n, the Court must still hold a hearing on the motion as it may involve the receipt of evidence or an appearance by a Class Member. Although the Court anticipates that no party will request oral argument, and while no Class Member indicated any intent to appear at the hearing, this does not relieve the parties from appearing at the hearing or otherwise render the instant ruling final in the event oral argument is not requested. The Court will not ...

Excerpt: ...ury action arising from a motor vehicle accident that occurred on November 15, 2019, on westbound US‐50 in Sacramento, California (the “Incident”). The Incident involved Mr. Lachica, a truck driver in the employ of Mr. Singh, and Plaintiff, who is employed by CDCR. (Jacobson Decl. ¶ 2, 4.) Plaintiff alleges injuries as a result of the Incident, including lost wages and loss of earning capacity. (Jacobson Decl. ¶ 3, Exh. 2.) By this motion...

Excerpt: ...lifornia Rules of Court, rule 3.1113(h) ‐ their briefing does not provide any pagination. The Court notes Plaintiff Helexo PTE, a Singapore company (“Plaintiff”) filed its Opposition one court day late. (See Code Civ. Proc., § 1005.) As the Defendants provided a substantive Reply, the Court exercises its discretion to consider the late filed brief. Parties are reminded that compliance with California Rules of Court and the Code of Civil Pr...

Excerpt: ...ively GRANTED pending the final fairness hearing to be held on this date. (Code Civ. Proc. § 382; Cal. R. Ct., R. 3.769.) NOTICE: The Court's ruling tentatively indicates that it will grant final approval of the class action settlement conditioned upon further arguments to be made during the final fairness hearing. Although the Court anticipates that neither Plaintiff nor Defendant will request oral argument, and while no class member indicated ...

Excerpt: ...ce of the summons & complaint is currently on file. However, plaintiff's own Case Management Statement indicates that no defendant had been served as of September 2021. (ROA #21.) Moving Papers. Defendants' demurrer filed in February 2022 asserts that plaintiff's complaint is barred by laches because (1) the subject bedbug incident occurred on or about 8/2/2017, (2) plaintiff waited until the last day to file her complaint on 8/2/2019, (3) plaint...

Excerpt: ...nce Code section 1379(b) is DENIED. Requests for Judicial Notice Defendant's request for judicial notice of Matter of Jaimez (December 17, 1998) P‐B486, a decision of the California Unemployment Insurance Appeals Board, is granted. Plaintiff State of California, Employment Development Department's (“Plaintiff” or “EDD”) request for judicial notice of various orders, tentative rulings, and judgments in Brooks v. California Unemployment I...

Excerpt: ...e Rover LR4 ("Vehicle"). Express warranties accompanied the sale of the Vehicle to Plaintiff by which Defendant undertook to preserve or maintain the utility or performance of the Vehicle or to provide compensation if there was a failure in such utility or performance. Plaintiff alleges that the vehicle was delivered to Plaintiff with serious defects and nonconformities to warranty and developed other serious defects and nonconformities to warran...

Excerpt: ... 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 consolidated action arises out the two plaintiffs' prior employment, which is alleged to have been wrongfully terminated in retaliation for their whistleblowing. Their respective complaint asserts claims for inter alia, breach of contract, violation of the Fair Em...

Excerpt: ...e 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. The Opposition fails to comply with CRC Rule 3.1113(f), requiring a Table of Contents and Table of Authorities for any ...

Excerpt: ...11.) Plaintiff alleges that she was injured when Defendant, who was under the influence of alcohol, collided with the back of Plaintiff's car. The FAC alleges that Plaintiff was driving southbound on State Route 65 and was slowing down due to stopped traffic ahead while in the City of Rocklin. (FAC ¶ XXIV.) Defendant was also driving her car southbound on State Route 65 in the same lane as Plaintiff and was “traveling at an unsafe speed for pr...

Excerpt: ...of Plaintiff's alleged molestation and physical abuse by her stepfather, DS. The First Amended Complaint alleges causes of action for sexual battery, negligence, gender violence, and intentional infliction of emotional distress against Defendants. On November 2, 2021, Plaintiff served her first set of written discovery, which consisted of form interrogatories (“FIs”), special interrogatories (“SIs”), requests for admission (“RFAs”), a...

Excerpt: ...'s counsel is directed to contact opposing counsel forthwith to advise counsel of Department 54's correct address, Local Rule 1.06, and the Court's tentative ruling procedure. If GM's counsel is unable to contact opposing counsel prior to the hearing, GM's counsel shall be available at the hearing, in person or remotely (telephonically or by video conference via Zoom as stated in the introductory notice to today's tentative rulings), in the event...

Excerpt: ...iff was travelling in the southbound direction and defendant was driving in the northbound lane. Both vehicles entered a dust cloud that had been stirred up by a farmer using his tractor in a field adjacent to the road. Defendant crossed over into the southbound lane and his vehicle's front impacted the front of plaintiff's vehicle.” (Complaint, ¶ GN‐1.) Plaintiff named as Doe 1, Non‐Settling Defendant PR AG Services, LLC. (“PR AG”). (...

Excerpt: ...round that Defendant failed to meet and confer in good faith prior to filing the instant motion. Here, Plaintiff personally served her responses on April 27, 2022. Thus, Defendant's forty‐five (45) day deadline to file and serve a motion compel further responses expired on June 13, 2022. On May 23, 2022, Defendant sent a 34‐page meet and confer letter regarding Plaintiff's responses to special and form interrogatories and request for producti...

Excerpt: ...f the "Original Grange" in an underlying dispute with the National Grange and the CSG and the legal fees it received from the Original Grange pursuant thereto. The Court is familiar with the long running litigation between the parties, but in brief, the underlying dispute began on October 1, 2012, when the National Grange sued the Original Grange in this Court. The National Grange claimed that its actions taken against the Original Grange were co...

Excerpt: ...jor cardiac bypass operation on May 20, 2020. Two days post surgery, Plaintiff developed spinal cord ischemia at T5, resulting in paraplegia. The Complaint alleges a single cause of action for medical malpractice against Defendant, the UC Davis Medical Group, and six physicians. Plaintiff dismissed the individual defendants after the parties stipulated that each of those defendants were employees and agents of Defendant, acting within the course ...

Excerpt: .... To appear on Zoom telephonically, call (833) 568‐8864 and enter the Zoom ID: 16146506749. The proofs of service accompanying this motion indicate service of the moving papers was sent to incarcerated plaintiff in pro per Sharmistha Barai (“Plaintiff”) at a Federal Medical Center located in Fort Worth, Texas, but there is no evidence in the Court's records indicating that is Plaintiff's current address. If the moving party files at or prio...

Excerpt: ... account, and both times Defendant returned the bill pay requests to Sprint for insufficient funds, triggering two NSF fees. The Class is defined as “all California residents who have or had a GOLDEN 1 checking account from which GOLDEN 1 assessed more than one insufficient funds ("NSF") fee for an item that GOLDEN 1 returned as unpaid at any time during the four (4) years preceding the filing of this action and up to the time when GOLDEN 1 's ...

Excerpt: ...in pro per available for oral argument at the above‐stated time. Appearance will be by ZOOM and Department 53's Zoom ID is 841 204 6267. To appear on Zoom by telephone, call (888) 475‐4499 or (877) 853‐5257 (toll‐free) and enter the Zoom ID referenced above. The demurrer of defendants California State Prison‐Sacramento and Correctional Officers Martine and Enriquez to plaintiff in pro per Blackwell's First Amended Complaint (“1AC”) ...

Excerpt: ...ows. Plaintiff filed a 177‐page opposition on July 13, 2022, only four Court days prior to the hearing. This is not the first time Plaintiff has filed an untimely opposition. While the Court, in its discretion, has considered Plaintiff's previous untimely filings, the Court declines to do so in this instance based upon Plaintiff's repeated failures to comply with deadlines and the extreme untimeliness of this opposition coupled with the oversiz...

Excerpt: ...aint (“3AXC”) is OVERRULED. Cross‐Defendant Rock Creek Oil, Inc.'s (“Rock Creek”) joinder is unopposed and granted. This action arises from a Natural Gas Purchase and Sale Agreement (“PSA”) entered into between Cross‐ Defendants and CEE. Disputes subsequently arose over a variety of matters, including, but not limited to, the construction of the pipeline facilities, the quality of the gas being produced, and Cross‐Defendants' ob...

Excerpt: ...r alleges he was misclassified as an independent contractor. VSS contends Carr agreed to settle all of his employment related claims pursuant to the parties' Labor Commissioner hearing, but has now refused to sign the Settlement Agreement and breached the parties settlement agreement, Independent Contractor Agreement (“ICA”), and Hold Harmless Agreement (“HHA”). VSS filed the original Cross‐Complaint on November 8, 2021, and the First A...

Excerpt: ...stence, not the truth of their contents. (See Professional Engineers v. Dep't of Transp. (1997) 15 Cal.4th 543, 590 [judicial notice of findings of fact does not mean that those findings of fact are true]; Steed v. Department of Consumer Affairs (2012) 204 Cal.App.4th 112, 120‐121 [“[W] hile the existence of any document in a court file may be judicially noticed, the truth of the matters asserted in those documents, including the factual find...

Excerpt: ... landlords for a tenant's illegal cultivation of cannabis and the fairness of the administrative hearings provided by the City for contesting such penalties. During discovery, the City inadvertently produced a 4‐page string of emails identified by Bates Stamp No. COS0056014‐17, which the City claims is protected from disclosure by the attorney‐client and attorney work product privileges. Plaintiff contends the emails are not privileged and ...

Excerpt: ...ining, and entrustment. (ROA 1.) This is a personal injury action arising from a motor vehicle collision allegedly caused by Defendant Brooks while driving a vehicle owned by Defendant Garda. Plaintiff alleges causes of action for negligence against Defendant Brooks and for negligent hiring, training and entrustment against Defendant Garda. No trial date has presently been set in this matter. In Opposition, Plaintiff raised arguments regarding De...

Excerpt: ...dressed 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. *** Defendant California Department of Public Health ("Defendant" or "CDPH") motion for summary judgment, or in the alternative, summary adjudication, against Plaintiff Johnnae M. Harkey‐Kirk (“Plaintiff”) is ruled upon as follows. I. Background This is a class...

Excerpt: ...cher with Defendant at Cordova Villa Elementary School. Plaintiff is African‐American and filed her operative Second Amended Complaint (“2AC”) on June 22, 2020, alleging causes of action for discrimination, harassment, and retaliation based on race. On January 20, 2021, the Court sustained without leave to amend Defendant's demurrer to Plaintiff's race harassment claim finding that, “with the exception of the watermelon ornament incident,...

Excerpt: ...ourt, on its own motion, takes judicial notice of its record which reflects the Doe amendment was filed on December 16, 2021. (ROA 55.) Mercury's RJN No. 7 is unopposed but DENIED. The Court declines to take judicial notice of the Traffic Collision Report as the truth or accuracy of statements in such reports are reasonably subject to dispute and not appropriate for judicial notice. (See People v. Jones (1997) 15 Cal.4th 119, 171, fn. 17 [overrul...

Excerpt: ...change. (Mot., p. 3:3‐ 4.) During the arbitration discovery process, in response to Respondent's interrogatories, Claimant identified her injuries from the accident as follows: “Back, right leg, neck, hips, and buttocks.” (Mot., p. 3:5‐7; Ex. A.) Respondent then served deposition subpoenas on Kaiser facilities seeking all of Claimant's medical records dating back to 2007. (Mot., p. 3:10‐28; Ex. C.) The Parties' Contentions Claimant file...

Excerpt: ...agement, Inc., (“BMW”) as tenant for property located at 6009 Florin Road, Sacramento, California (the “Premises”), comprised of approximately 8,000 square feet that was leased by BMW for use as a Sizzler Restaurant. (Jackson Dec. ¶¶ 3‐4, Exhs. A‐B.) Pursuant to Article J of the Lease, following Rent Commencement, BMW promised to make monthly payments for the years 1 through 5 in the amount of $16,666,67; for the years 6 through 10 ...

Excerpt: ...th pertaining to the Motion to Disqualify Mr. Wiesner. On July 14, 2022, Plaintiff's Counsel filed a Notice of Errata confirming that they did in fact file two identical copies of the same Memorandum of Points and Authorities, albeit in error. Attached with the Notice of Errata was the “corrected copy” of the Memorandum of Points and Authorities pertaining to the Motion to Disqualify Mr. Guslani. The Court notes, accounting for the delay in f...

Excerpt: ...'s work on the earlier‐filed anti‐SLAPP motion and the present motion for attorney's fees. Pro se Plaintiffs Muhammad Younas Malik and Nazia Jabeen Iqbal (“Plaintiffs”) oppose arguing that their filing of a Notice of Appeal on June 10, 2022 effects a stay on all proceedings in this trial court pending final resolution of the appeal. Plaintiffs alternatively argue that the amount of fees requested by Defendants be reduced to a reasonable a...

Excerpt: ...1(a). The Court admonishes the parties of this mandatory requirement, particularly given the apparent confusion between the parties as to the basic fact of who owns the subject property, which the meet and confer process could have alleviated. However, the Court exercises its discretion to rule on the demurrer despite this deficiency, and the Court's ruling is not based in any way on Plaintiff's failure to meet and confer. (See CCP § 430.41(a)(4...

Excerpt: ...) Complaint is UNOPPOSED and SUSTAINED WITHOUT LEAVE TO AMEND. Defendants' Request for Judicial Notice is granted in part. The court does not take judicial notice of the truth of any matters asserted in any pleadings or other documents in the Court file. Defendant's Request for Judicial Notice of the amended declaration of Harpreet Singh is denied and also disregards the contract between the parties contained therein. Evidence Code § 452(h) allo...

Excerpt: ...is action on November 9, 2021 alleging eight separate causes of action (“COAs”) related to her prior employment with Defendant FCCC. As relevant here, Plaintiff's claims include racial discrimination (first COA), harassment (second COA), failure to prevent discrimination and harassment (third COA), blocklisting (fifth COA), and retaliation (sixth COA). Defendants demurs on the following grounds: (1) For the first cause of action, Defendant Ir...

Excerpt: ...16, 2001. On January 27, 2011, DFEH filed an amended judgment. (ROA 1.) The judgment required Jon Blake Harrison (“Harrison”) to (1) cease and desist from harassment and discrimination in employment on the basis of sex, (2) pay real party in interest Linda Marie Boncore (“Boncore”) back pay plus interest in the amount of $8,778.35 and damages plus interest in the amount of $43,046.75, and (3) pay the State's General Fund an administrative...

Excerpt: ...nt shall be served upon a defendant within three years after the action is commenced against the defendant. For the purpose of this subdivision, an action is commenced at the time the complaint is filed." (Code Civ. Proc., § 583.210, subd. (a).) If service is not completed upon a party within the three years, "the action shall not be further prosecuted and no further proceedings shall be held in the action." (Code Civ. Proc., § 583.250, subd. (...

Excerpt: ...prejudice. This matter was placed on today's calendar after the Court granted Plaintiff's ex parte application for an OST on June 9, 2022. Plaintiff filed his original complaint on December 20, 2018 and his first amended complaint on August 19, 2019. Plaintiff alleges causes of action against Defendants Heritage Inn of Sacramento, LLC, et al. for conversion, trespass to chattels, and intentional infliction of emotional distress. He appears to all...

Excerpt: ...prepared to point to specific evidence which is claimed to show the existence or non‐existence of a triable issue of material fact. *** The Motion for Summary Judgment, or in the alternative Summary Adjudication, filed by Defendant Capital Gastroenterology Consultants Medical Group, Inc. (“Defendant”) as to Plaintiff Noel Crowl's (“Plaintiff”) complaint is DENIED as follows. This matter arises out of Plaintiff's layoff by Defendant in w...

Excerpt: ...vices Corporation opposes this motion. For the reasons articulated below, Plaintiff's motion is GRANTED. Background Plaintiff Navas was scheduled to be deposed on November 22, 2021. While both Plaintiff's and Defendant's counsel appeared as scheduled, Mr. Navas did not. (Nobles Decl., ¶ 6.) At some point thereafter (although it is not clear when exactly), Plaintiff's counsel contacted Mr. Navas, who indicated that he no longer wished to serve as...

Excerpt: ... Street, Sacramento, California 95814. Factual Background This case involves Plaintiffs' allegations that they endured continued sexual harassment and physical assaults while attending Delta High School. Plaintiffs allege that Defendants River Delta Joint Unified School District, Don Beno, and Laura Uslan (collectively “Defendants”) fostered an atmosphere of rule‐breaking, bullying, and sexual harassment because they allowed the harassment ...

Excerpt: ...ment, the Court is to determine whether the settlement is fair, reasonable and adequate, in light of all of the circumstances. ( California v. Levi Strauss & Co. (1986) 41 Cal.3d 460, 471; Dunk v. Ford Motor Co. (1996) 48 Cal.App.4th 1794, 1801.) The trial court has broad discretion to determine whether a proposed settlement in a class action is fair, adequate, and reasonable. ( Wershba v. Apple Computer (2001) 91 Cal.App.4th 224, 244, 245; Rebne...

Excerpt: ...n matters. *** Defendant Allstate Northbrook Indemnity Co.'s (“Defendant” or "Allstate") demurrer to Plaintiff Grach Kazaryan's (“Plaintiff”) first amended complaint (“FAC”) is ruled upon as follows. Overview This is an insurance breach of contract and breach of covenant of good faith and fair dealing action. Plaintiff alleges that he has an automobile insurance policy with Defendant that includes a $100,000 limit per person for Unins...

Excerpt: ...inage on Plaintiff's property, resulting in flooding (Comp. ¶ 11); removing a concrete slab which resulted in additional flooding (Comp. ¶ 12); uncapping a water well leading to well contamination (Comp. ¶ 14); using all‐terrain vehicles (“ATVs”) which damaged a shared fence and created dust (Comp. ¶¶ 16, 20); harassing behavior, including verbal threats such as yelling “Why don't you have a heart attack and die!,” “taunting Wilc...

Excerpt: ...directed to contact Plaintiff forthwith and advise her of Local Rule 1.06, the Court's tentative ruling procedure, and the manner to request a hearing. FACTS Plaintiff, in propria persona, filed her Complaint in this action on September 8, 2020. Plaintiff filed her First Amended Complaint on May 24, 2021 (ROA 75). Therein, as near as the Court can tell, Plaintiff alleges that her uncle, defendant Leo Curry, defrauded her deceased mother, and thus...

Excerpt: ...Court is to determine whether the settlement is fair, reasonable and adequate, in light of all of the circumstances. ( California v. Levi Strauss & Co. (1986) 41 Cal.3d 460, 471; Dunk v. Ford Motor Co. (1996) 48 Cal.App.4th 1794, 1801.) The trial court has broad discretion to determine whether a proposed settlement in a class action is fair, adequate, and reasonable. ( Wershba v. Apple Computer (2001) 91 Cal.App.4th 224, 244, 245; Rebney v. Wells...

Excerpt: ...Quack Car Wash Holdings, LLC dba Quick Quack Car Wash; Quick Quack Car Wash Management, LLC; and Quick Quack Development II, LLC (collectively, “Defendants”) is UNOPPOSED and tentatively GRANTED pending the final fairness hearing to be held on this date. (Code Civ. Proc. § 382; Cal. R. Ct. 3.769.) Regardless of its disposition of the motion herein, the Court must still hold a hearing on the motion as it may involve the receipt of evidence or...

Excerpt: ...nt (the “Vehicle”). Plaintiff alleges that within a week of purchase, Plaintiff had to take the Vehicle in for repair and discovered defects from exhaust and emission control system that had been removed, causing the Vehicle to emit a bluish‐white smoke which triggered the vehicle's warning system, making It unsafe to drive and violated California law. Plaintiff filed the operative First Amended Complaint (“FAC”) in this matter on Novem...

Excerpt: ...l deponents Kashif Ali (“Ali”), Michael Arca (“Arca”), Michael Felder (“Felder”), Anatole Moore (“Moore”), and Preetranjan Sahota (“Sahota”) (collectively “Deponents”) to answer questions is ruled upon as follows. This is a FEHA religious and national origin discrimination, retaliation, failure to provide reasonable accommodation, and failure to engage in the interactive process action. Plaintiff alleges that he was subjec...

Excerpt: ...cle Museum Tower Assn. v. Pinnacle Market Development (US), LLC (2012) 55 Cal.4th 223, 244 [145 Cal.Rptr.3d 514, 282 P.3d 1217].) “The party seeking arbitration bears the burden of proving the existence of an arbitration agreement, and the party opposing arbitration bears the burden of proving any defense, such as unconscionability.” (Id. at p. 236.) An arbitration agreement must generally be memorialized in writing, but acceptance of the agr...

Excerpt: ...lly and dba Afifi Law Group (“Afifi”) to provide further responses to Cross‐Defendants' special interrogatories, Set One, numbers 1‐81 is GRANTED as follows. Factual and Procedural Background This is an action for legal malpractice, breach of contract, and breach of fiduciary duties against Afifi and Samuel Swenson arising from their joint representation of Sourcis in an underlying action filed by Bravo Development Group, LLC (Bravo Devel...

Excerpt: ...n (“Tulyathan Decl.”) ¶ 2.) As set forth in the PAGA Notice, Plaintiff alleged that Defendant: (1) failed to provide off‐duty rest periods in violation of Labor Code § 226.7; (2) failed to provide off‐duty meal periods in violation of Labor Code §§ 226.7 and 512; (3) failed to pay all wages owed upon separation of employment in violation of Labor Code §§ 201‐203; and (4) failed to provide accurate itemized wage statements in viola...

Excerpt: ...tions to compel Defendant's responses to written discovery. Defendant was ordered to serve verified responses to the subject discovery no later than November 24, 2021. (ROAs 13‐14.) Defendant has failed to provide responses despite multiple communications from Plaintiff's counsel, including granting an extension of time to provide the overdue responses. (Keith Decl. ¶¶ 4‐9, Exhs. 2‐5.) Plaintiff now moves for terminating sanctions based o...

Excerpt: ... to Plaintiff's Request for Production, Set One, numbers 7, 10, 14, 23‐28, 35, 40, 50, 52‐60, 62, 64‐67, and 69‐72. MAF was ordered to produce responsive documents in its possession, custody, or control no later than November 19, 2021. (ROA 81.) Neither party contested the Court's tentative ruling, which became the Order of the Court. On November 19, 2021, MAF produced its first set of more than 20,000 documents that were responsive to th...

Excerpt: ...l. Rules of Court, rule 3.1350 to submit a single compendium of the evidence offered by each party in support or opposition to the motion. While the parties are admonished for their failure to comply, the Court finds the parties were not prejudiced by their respective failures and will consider the evidence presented. As a further preliminary matter, Plaintiff's request for a continuance is denied. The Court previously denied Plaintiff's ex parte...

Excerpt: ...��) motion for reconsideration of the Court's order denying the Motion to Compel Arbitration and Motion to Stay Superior Court Action is DENIED. Defendant Windsor Sacramento Estates, LLC dba Windsor Care Center of Sacramento's (“Windsor Sacramento”) joinder to this motion for reconsideration is granted. On May 17, 2022, the Court denied defendant Windsor Sacramento's Motion to Compel Arbitration and Motion to Stay Superior Court Action to whi...

Excerpt: ...orms the same function as a general demurrer, and hence attacks only defects disclosed on the face of the pleadings or by matters that can be judicially noticed.” (Cloud v. Northrop Grumman Corp. (1998) 67 Cal.App.4th 995, 999.) “In reviewing the sufficiency of a complaint against a general demurrer, we are guided by long‐settled rules. ‘We treat the demurrer as admitting all material facts properly pleaded, but not contentions, deduction...

Excerpt: ... pro per Sharmistha Barai within 48 hours of receiving it. 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 Sharmistha Barai need not request oral argument. The Litigation Coordinator shall make Sharmistha Barai available, by Zoom telephonically, at 9:00 a.m. on the date of the continued hearing date, which will be July 20, 2...

Excerpt: ...eatedly sought to depose Mr. Magby, starting in October 2021, when Ms. Bennett served Mr. Magby with a Notice of Deposition, designating a deposition date of November 8, 2021. On the day of deposition, Mr. Magby's counsel stated that he was unaware of the deposition and that Mr. Magby would not appear. Ms. Bennett promptly served a First Amended Notice of Deposition, setting a new deposition date of November 29, 2021. Again, neither Mr. Magby nor...

Excerpt: ...14. The notice of motion does not provide notice of the Court's tentative ruling system, as required by Local Rule 1.06(D). Counsel for moving party is directed to contact counsel for opposing party and advise counsel of Local Rule 1.06 and the Court's tentative ruling procedure. If counsel for moving party is unable to contact counsel for opposing party prior to hearing, counsel for moving party shall be available at the hearing, in person or by...

Excerpt: ...06 and the Court's tentative ruling procedure. If Defendants' counsel is unable to contact opposing counsel prior to the hearing, Defendants' counsel shall be available at the hearing, in person or remotely (telephonically or by video conference via 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). Defendants' motion for...

Excerpt: ...reet, Sacramento, California 95814. Ford's counsel is directed to contact opposing counsel forthwith to advise counsel of Department 53's correct address, Local Rule 1.06, and the Court's tentative ruling procedure. If Ford's counsel is unable to contact opposing counsel prior to the hearing, Ford's counsel shall be available at the hearing, in person or remotely (telephonically or by video conference via Zoom as stated in the introductory notice...

Excerpt: ...loyment law action, self‐represented Plaintiff Juliet Valderrama (“Plaintiff”) alleges causes of action under the Fair Employment and Housing Act (“FEHA”) for physical disability discrimination, physical disability harassment, failure to accommodate disabilities, failure to engage in the interactive process, and retaliation. Plaintiff also alleges a cause of action for violation of her rights under the California Family Rights Act (“C...

Excerpt: ... 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 Phanikumar Vadarevu's motion for summary judgment as to the second cause of action in remaining Plaintiffs 421 San Juan, LLC (“San Juan”) and SEVA Assisted Living at Natomas, Inc. (“SEVA”), Third Amended Complaint (“TAC”), or in the alternative motion for summary adjudicatio...

Excerpt: ... and 54 (Law and Motion) of the Sacramento County Superior Court is 813 6th Street, Sacramento, California 95814.Plaintiff's counsel is directed to contact opposing counsel forthwith to advise counsel of Department 53's correct address, Local Rule 1.06, and the Court's tentative ruling procedure. If Plaintiff's counsel is unable to contact opposing counsel prior to the hearing, Plaintiff's counsel shall be available at the hearing, in person or r...

Excerpt: .... This is a consolidated action. On February 22, 2021, Tyler Davis (“Davis”) filed the Davis Dissolution Action in which he seeks dissolution of TopDevz, LLC (“TopDevz”) as well as damages and injunctive relief for breach of fiduciary duty, fraud and misappropriation. After Davis filed his complaint in the Davis Dissolution Action, Ashkan Rajaee (“Rajaee”) served a demand for arbitration. In response, Davis filed an answer to Rajaee's...

Excerpt: ... this Motion for Protective Order was continued from June 9, 2022, to July 6, 2022, to allow parties the opportunity to further meet and confer. (ROA 87.) It was unclear at that time whether the parties made a reasonable and good faith effort to informally resolve their disputes. (Ibid.) Parties were ordered to resume the meet and confer process, by no later than June 17, 2022, and to report to the Court the status of their continued meet and con...

Excerpt: ...red the intersection on a red light, causing a T‐bone collision with Plaintiffs' vehicle. Plaintiffs allege that: “Before the subject incident, Defendant JAMIE BROWN HARRISON consumed substantial amounts of alcohol and controlled substances to the point of intoxication and impairment. 8. At all times herein mentioned, Defendants JAMIE BROWN HARRISON and DOES 1 through 10 had been drinking alcohol and had notice that they were driving under th...

Excerpt: ... Plaintiff alleges that she is a user of Defendants' healthcare insurance plan and seeks medical treatment at Defendants' facilities. (SAC, ¶ 6.) On November 13, 2020, Plaintiff was in an accident resulting in injury and went to Defendants' Emergency Department. “Plaintiff was in shock, traumatized, frightened and scared. Plaintiff was immobile, was placed in wheelchair by Defendant's personnel, and was in a state of total dependency on Defend...

Excerpt: ... Defendant Windsor Sacramento Estates, LLC dba Windsor Care Center of Sacramento's (“Windsor Sacramento”) joinder to this motion for reconsideration is granted. On May 17, 2022, the Court denied defendant Windsor Sacramento's Motion to Compel Arbitration and Motion to Stay Superior Court Action to which the Windsor Corporate Defendants joined. The Court explained it would not consider the Advanced Directive submitted by Windsor Sacramento for...

Excerpt: ... P‐B486, a decision of the California Unemployment Insurance Appeals Board, is granted. Plaintiff State of California, Employment Development Department's (“Plaintiff” or “EDD”) request for judicial notice of various orders, tentative rulings, and judgments in Brooks v. California Unemployment Insurance Appeals Board, Sacramento County Superior Court Case No. 2020‐80003321, and California Unemployment Insurance Appeals Board Decision ...

Excerpt: ...ls to state a claim because it is barred by Civil Code § 3482. (Notice at 1.) I. Overview This is a case for inverse condemnation and nuisance against the District. Plaintiffs are residents of Maita Circle, in East Tahoe Park, Sacramento. (FAC ¶¶ 3, 8‐36.) In April 2018, the District served public notice concerning relocation of its Transportation Center (the “Center”), which the District uses to “house office space for the transportat...

Excerpt: ...3 court days prior to the hearing. Under CCP § 1005(b), “[a]ll papers opposing a motion so noticed shall be filed with the court and a copy served on each party at least nine court days … before the hearing.” The Court declines to consider Plaintiff's untimely opposition and considers the demurrer unopposed and as a concession on the merits. I. Overview This case arises from what appears to be a home loan modification agreement that Plaint...

Excerpt: ...“Defendants”) is UNOPPOSED and tentatively GRANTED pending the final fairness hearing to be held on this date. (Code Civ. Proc. § 382; Cal. R. Ct. 3.769.) Regardless of its disposition of the motion herein, the Court must still hold a hearing on the motion as it may involve the receipt of evidence or an appearance by a Class Member. Although the Court anticipates that no party will request oral argument, and while no Class Member indicated a...

Excerpt: ...ANTED as follows. Factual and Procedural Background This is an action for legal malpractice, breach of contract, and breach of fiduciary duties against Afifi and Samuel Swenson arising from their joint representation of Sourcis in an underlying action filed by Bravo Development Group, LLC (Bravo Development Group, LLC v. Shahram Elli aka Ron Elli, et al., Sacramento County Superior Court Case No. 34‐2012‐00133552 (the “Bravo Action”)). So...

Excerpt: ... is plead in the form of a common count. (Complaint at p. 3.) The common count is based on, inter alia , that Defendant became indebted to Plaintiff in the last four years (i) on an open book account for money due; and (ii) because an account was stated. (Ibid.) In its instant motion, Plaintiff seeks summary judgment or, in the alternative, summary adjudication as to what it indicates are two causes of action for (1) open book account; and (2) ac...

Excerpt: ...ailed to bring this action to trial within five years. Defendants contend the deadline passed on April 5, 2022. Code of Civil Procedure § 583.310 provides in its entirety: "An action shall be brought to trial within five years after the action is commenced against the defendant." California law clearly holds that the five year period actually commences upon the filing of the complaint. "Commencement" of an action for purposes of Code of Civil Pr...

Excerpt: ...sion of CCP § 583.420. (Notice at 1.) Specifically, Defendant maintains Plaintiffs' action should be dismissed because the action has not been brought to trial within three years after being commenced against Defendant. (CCP § 583.420(a)(2) (A).) I. Overview This case arises out of Plaintiffs' employment with Defendant. Plaintiffs allege claims under the California Fair Employment and Housing Act (“FEHA”) for age/disability discrimination, ...

Excerpt: ...dicates defense counsel's office is located at 4815 Laguna Park Dr., Suite B‐3, Elk Grove, California 95758. If Plaintiff provides proof at or prior to the hearing that defense counsel presently occupies Suite C where the moving papers were served, the Court rules as follows. If such proof is not provided, the matter will be dropped due to defective service. California Code of Civil Procedure § 664.6 provides: “If parties to pending litigati...

Excerpt: ...guaranty and common counts on May 6, 2020. (ROA 1.) As individual adult defendants for whom no guardian or conservator has been appointed, the Vanacores must ordinarily be personally served. (Code Civ. Proc. § 416.90.) However, where the Vanacores cannot be personally served with reasonable diligence, Plaintiffs may instead serve the Vanacores “by leaving a copy of the summons and complaint at the person's dwelling house, usual place of abode,...

Excerpt: ...cle accident which resulted in injuries to numerous individuals including plaintiff Tashawnene Carter. The parties allegedly responsible for the subject accident had relatively small insurance policies and they later tendered the limits of each policy to reach a global settlement. Plaintiff Richmond agreed to settle his injury claims for a total payment of $35,000, although her total medical expenses exceed $200,000. In February 2021 DHCS agreed ...

Excerpt: ...Rule 3.1110(a). The proof of service attached to the moving papers fails to comply with Code of Civil Procedure §1013a, requiring the “exact title” of each document being served. The moving and reply papers fail to comply with CRC Rule 3.1110(b)(3)‐(4). Factual Background This action arises out of plaintiff's employment with defendant GIG beginning in June 2014. The operative Third Amended Complaint purports to allege against several defen...

Excerpt: ...ndant's request for production, set two (ROA 66). Responses to the discovery were to be served by Plaintiff on or before February 25, 2022. Defendant alleges this motion is brought on grounds that Plaintiff has failed and continues to fail to provide proper responses to Defendant's discovery requests despite an order from the Court. A Court may impose terminating, issue, or evidentiary sanctions, as well as monetary sanctions, for failure to obey...

Excerpt: ...for prosecuting and/or defending the claims alleged. After receiving declarations from counsel for plaintiffs and the Zierold defendants on 5/13/2022 and 5/17/2022, respectively, the Court issued on 5/23/2022 a tentative ruling which addressed a variety of issues raised in the declarations and which directed the parties to resume the meet‐and‐confer process in light of the Court's remarks. The Court has now reviewed the latest declarations fr...