Excerpt: ...against Defendant for breach of warranties under the Song‐Beverly Act and the MagnusonMoss Act and for fraud. After Defendant's successful demurrer a first amended complaint alleging the same causes of action was filed on September 1, 2020. Defendant moves to compel Plaintiffs' claims to arbitration pursuant to an arbitration provision located in a “Motor Vehicle Lease Agreement With Arbitration Clause” which Plaintiffs signed when they lea...

Excerpt: ...earing and the parties should be prepared to point to specific evidence which is claimed to show the existence or nonexistence of a triable issue of material fact. *** Defendants Sacramento Municipal Utility District (“SMUD”) and Michael Meeks (“Meeks”) (collectively, “Defendants”) move for summary judgment or, in the alternative, summary adjudication as to Plaintiff Amadu Barrie's (“Plaintiff”) second amended complaint (“SAC”...

Excerpt: ...l being served" as required by Code of Civil Procedure section 1010.6(e) (1). Provided that Defendant files the declaration, the following will become the tentative ruling of the Court. Defendant National University's (“Defendant”) motion for summary judgment, or in the alternative, summary adjudication is UNOPPOSED and is GRANTED. Overview This is an action for breach of implied contract and breach of implied covenant of good faith and fair ...

Excerpt: ...lic nuisance action brought by Plaintiff City of Sacramento (the “City”) concerning real property commonly known as 2246 Waterford, Sacramento, CA 95815 (the “Property”). Defendant Linda Siegrist (“Defendant”) is the Property's owner of record. The City commenced this action on February 17, 2017, alleging the following causes of action: (1) public nuisance under the Civil Code, (2) nuisance per se ‐ dangerous building (Sacramento Ci...

Excerpt: ...date. In connection with the previously scheduled hearing, Plaintiffs filed an approximately 30 page opposition in violation of the 15 page limit set forth in CRC Rule 3.1113(d) without obtaining permission. The Court stated that it would not consider the opposition and ordered Plaintiffs' to file an opposition not exceeding 15 pages by December 2, 2022. Plaintiffs failed to do so. Despite the fact that Plaintiffs were directed to submit a confor...

Excerpt: ...: “[o]n October 8,2019, [Defendant] knowingly and with malicious intent, introduced a fraudulent document into an official hearing. (See attached exhibit, "A") This document was utilized as the principal factor in denying Plaintiff early parole consideration. Defendant had first hand knowledge of Plaintiff's criminal conviction and elected to create and submit a series of severe criminal allegations into the record to sway the parole commission...

Excerpt: ...intiffs allege causes of action against Defendants for breach of contract, fraud and deceit/fraudulent concealment, negligent misrepresentation, breach of the implied covenant of good faith and fair dealing, failure to disclose in violation of Civil Code §§ 1102 et seq., financial elder abuse, and violation of Business and Professions Code § 17200. Plaintiffs allege that they visited the Home on August 14, 2020 and saw that the interior was un...

Excerpt: ...unts and for an equitable lien. Plaintiff seeks partition of certain real property located in Antelope, California in which he alleges that he and Defendant each own an undivided one‐half interest. (Comp. ¶¶ 2‐4.) Defendant demurs to each of the three causes of action. While Plaintiff filed an opposition, he does not address any of the substantive arguments directed to the causes of action. The Court would note also that Defendant provides ...

Excerpt: ...ation coordinator shall provide the tentative ruling to Plaintiff Troy Anderson within 48 hours. The litigation coordinator is directed to have Plaintiff Troy Anderson available at oral argument on December 15, 2022 at 1:30 pm. Appearance will be by ZOOM. Department 53 Zoom ID is: 161 4650 6749. To appear on Zoom by phone, call (833) 568‐8864 and enter 161 4650 6749#. Appearance is required. Plaintiff Troy Anderson's motion to appoint counsel a...

Excerpt: ...lly addressed herein, the Court declines to rule on Defendant's objection as they are immaterial to the disposition of this motion. The notice of motion and separate statement present a single issue for determination. As Defendant's request for summary judgment and summary adjudication are based on the same issue and identical fact, the Court notes the determination of whether Defendant is entitled to summary judgment is also dispositive of the r...

Excerpt: ...c) to December 14, 2022, to allow the parties to meet and confer as required by CCP section 430.41(a). Defendant's counsel filed a code‐compliant declaration on December 1, 2022. (ROA 120.) BACKGROUND Plaintiffs filed a First Amended Complaint (“FAC”) on June 24, 2022. The FAC alleges causes of action for general negligence, motor vehicle negligence, and loss of consortium. The FAC alleges that Defendant contracted to provide pilot car serv...

Excerpt: ...stment in certain real property. Specifically, Plaintiff alleges that in April of 2020 he hired Defendant Julie Ann Ryan, who was employed as a real estate agent by Defendant William L. Lyon & Associates, Inc., to assist him with a loan transaction. (FAC, ¶¶ 10‐11, 18.) Defendant Andre Scott is the managing member of Defendant Eurisko Development's, LLC, and Plaintiff alleges that the company operates as Mr. Scott's alter ego. (FAC, ¶¶ 8, 1...

Excerpt: ...ifty‐percent (50%) interest in property located at 237 Creekside Way, Galt, CA 95632 (“Property”). The Salvador R. Pamplona 2021 Separate Property Trust (“Trust”) has a fifty‐percent (50%) tenant‐ incommon interest in the Property. (Complaint, ¶¶ 3‐4.) In February 2011, Plaintiff and Salvador's mother, Cristina Pamplona (“Cristina”) transferred the Property to Salvador and Cristina's grandson, Carlos B. Pamplona (“Carlos�...

Excerpt: ...y Anderson available at oral argument on December 15, 2022 at 1:30 pm. Appearance will be by ZOOM. Department 53 Zoom ID is: 161 4650 6749. To appear on Zoom by phone, call (833) 568‐8864 and enter 161 4650 6749#. Appearance is required. Plaintiff Troy Anderson's motion to appoint counsel at the public expense pursuant to 28 U.S.C. section 1915(d) and 18 U.S.C. section 3006A is denied. As a preliminary matter, the Court notes Plaintiff previous...

Excerpt: ...ica Pamplona‐ Estrada (“Pamplona‐Estrada”) and Anthony Short (“Short”) as well as Pamplona‐Estrada's passenger Angelina Pamplona (“Pamplona”). Malik alleges that Pamplona‐Estrada and Short were separately operating their vehicles on Highway 99 in a manner that caused a multi‐vehicle chain collision with Malik's vehicle. Short and Pamplona‐Estrada filed Cross‐Complaints against each other for indemnity and apportionment o...

Excerpt: ...ts (“RFPD”), Set Three, on January 5, 2022. Plaintiff found Defendant's responses and production of documents in response to RFPD Nos. 41 and 43 responses to be deficient, and during the ensuing meet and confer efforts, Defendant produced a privilege log that identified documents that were responsive to those two RFPDs but that were being withheld on the basis of attorneyclient privilege. (See Telfer Decl., ¶ 3, Exh. 1.) Plaintiff ultimately...

Excerpt: ... On November 21, 2022, Plaintiffs' counsel filed a declaration containing the previously omitted exhibits. (ROA 48.) On December 5, 2022, Defendant's counsel filed an amended declaration, including a revised copy of Exhibit 4. (ROA 54.) The Court notes that counsel's original declaration described Exhibit 3 as a “true and correct copy of what I am informed and believe is the Retail Installment Sale Contract” and Exhibit 4 as a “true and cor...

Excerpt: ...he 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 counsel is ordered to appear at the hearing by Zoom or by telephone. Background ...

Excerpt: ...Complaint, ¶ 7.) Defendant filed an answer on May 30, 2019. (ROA 35.) On August 29, 2019, Plaintiff dismissed the other two named Defendants, Russell Meadows and Judith Meadows. (ROA 45.) The matter was initially set for trial on May 24, 2022. (ROA 63.) However, on May 23, 2022, Plaintiff filed an ex parte application to continue the trial date. (ROA 70.) Plaintiff also requested a continuance orally on May 24, which the Court granted. (ROA 69.)...

Excerpt: ...or damages arising from a dispute regarding the alleged sale of a 2021 Kenworth tractor (the “Vehicle”) and the repayment of an alleged investment. Bains is the owner of YR Transportation, a trucking company. (Complaint, ¶ 10.) Rajinder worked as an independent contractor for YR Transportation. (Complaint, ¶ 12.) In January 2021, Rajinder allegedly accepted an agreement to sell the Vehicle to YR Transportation for $120,000. (Complaint, ¶¶...

Excerpt: ...leges Decedent was placed into the custodial care of Defendants for treatment of respiratory issues, lack of mobility and other limiting conditions that prevented Decedent from caring for himself. (Complaint, ¶¶ 31‐34.) Plaintiff alleges Defendants failed to provide proper care for Decedent, resulting in his death. (Complaint, ¶¶ 35‐37.) Specifically, Plaintiff alleges Defendants withheld and failed to provide respiratory care, treatment ...

Excerpt: ... to strike the allegations seeking recovery of punitive damages along with allegations that non‐party Jack Swank was personally guilty of oppression or malice against Plaintiffs, including criminal violations of law. Plaintiff filed an untimely opposition to the motion. However, the Court notes Defendant was able to prepare a reply addressing Plaintiff's untimely opposition. Further, there is a pending motion to strike the claim for punitive da...

Excerpt: ...Medical Board of California as a Physician and Surgeon." (Petition , 2:3‐4 (emphasis added).) However, the Petition later states that Respondent was Board‐certified in Psychiatry and Neurology, and has a practice providing psychiatric care in Placer County. (Petition, Ex. B, ¶ 5 (emphasis added).) Respondent's opposition indicates that he is a psychiatrist. (Opposition, 4:2.‐21.) In February 2020, the Medical Board of California ("Board") ...

Excerpt: ...unsel 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 party 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 action commenced in 2019 arises from plaintiff's prior employment with defendant Target Excellence, where co‐defendant Whitfield also worked and was lat...

Excerpt: ...) demurrer to the complaint is ruled upon as follows. Request for Judicial Notice Defendants' Request for Judicial Notice (“RJN”) of Plaintiff's two government tort claims and the California Department of Corrections and Rehabilitation's (“CDCR”) rejections of them is unopposed and is GRANTED. Background Pro per inmate Plaintiff Larry William Cortinas (“Plaintiff”) filed his form complaint on December 8, 2021. Therein, he alleges caus...

Excerpt: ... 3, 2022, the Court granted Plaintiff's unopposed motion to deem matters admitted. (ROA 14.) Plaintiff now moves for judgment on the pleadings based on these admissions. Specifically, that Defendant admits he had a credit card account issued by Plaintiff; he received periodic statements regarding the account; as of March 11, 2022, the balance owed on the account was $6,928.53; no payments have been made on the account since March 11, 2022; the la...

Excerpt: ...icate the address for Department 54 of the Sacramento County Superior Court, which is 813 6th Street, Sacramento, California 95814. Defendants shall notify plaintiff Jeff Harada (“Plaintiff”) immediately. The notice of motion also does not provide notice of the Court's tentative ruling system as required by Local Rule 1.06(D). Defendants are ordered to notify Plaintiff immediately of the tentative ruling system and the manner to request a hea...

Excerpt: ...w cause, if any there be, why this action should not be dismissed due to plaintiff's failure to bring it to trial within five years of the date it was commenced (i.e., 12/10/2001) as required by Code of Civil Procedure §583.310. The Court specified that plaintiff had until 12/1/2022 to file and serve a brief addressing the question of whether this action is subject to mandatory dismissal due to his failure to bring it to trial within five years ...

Excerpt: ...eging claims for general negligence and premises liability. Plaintiff alleges he was electrocuted on November 22, 2016, while working on the LED lights at Roseville Toyota. Plaintiff alleges he was instructed by his employer, defendants Next Step Energy, Inc.; Angela Novak; and Theodore Novak to repair the LED lights and that Roseville Toyota negligently owned, maintained, controlled, and/or managed the dangerous facility and created a dangerous ...

Excerpt: ...Lemons' office located in Sacramento, California, which is beyond the geographic limits of CCP § 2032.220(a)(1), is GRANTED. Defendants filed this motion concurrently with their motion to compel Mrs. Shapton to appear for her deposition in Sacramento on Thursday, January 26, 2023, which is also granted as set forth in the Court's concurrent ruling. This action arises from a two‐car accident that occurred on June 13, 2019, on LaTrobe Road at th...

Excerpt: ... motion. Everest contends the exhibits were marked confidential and produced only to plaintiff Zurich American Insurance Company (“Zurich”) pursuant to the Court's May 12, 2021, Stipulated Protective Order. (ROA 81; Branse Decl. ¶ 10.) Exhibit 12 is Everest's California Contracting Program Underwriting Guidelines and Exhibit 13 is the February 28, 2002 revised guidelines. Everest contends the exhibits are internal detailed underwriting guide...

Excerpt: ...or Court is 813 6th Street, Sacramento, California 95814. Plaintiff shall notify defendant Javier Villa Santana (“Defendant”) immediately. California Code of Civil Procedure § 664.6 provides: “If parties to pending litigation stipulate, in a writing signed by the parties outside the presence of the court or orally before the court, for settlement of the case, or part thereof, the court, upon motion, may enter judgment pursuant to the terms...

Excerpt: ...tative ruling system as required by Local Rule 1.06 (or the correct address for Dept. 53/54), this does not mandate or otherwise justify denial of this motion as suggested by the opposition. This is particularly true since RCCB served on 12/1/2022 a notice of Local Rule 1.06 and this Court's tentative ruling procedure. Factual Background This action arises out of plaintiff's prior employment with RCCB. Her complaint alleges not only a variety of ...

Excerpt: ...t of self‐represented Plaintiff Keith Herron's termination from employment with TE. After Defendants' demurrer, the second amended complaint alleges causes of action for breach of contract and retaliation. Plaintiff alleges that he founded TE in 1994 and that it agreed to employ him as Executive Director in 2014. He alleges he was terminated on August 15, 2018 in retaliation for filing a complaint with the Department of Fair Employment and Hous...

Excerpt: ...the Holt Law Firm's (collectively “Defendants”) demurrer to pro per Plaintiffs Victoria Yeager and Gen. Charles Yeager's (Ret.) (collectively “Plaintiffs”) third amended complaint (“TAC”) is ruled as follows. Defendants failed 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 e...

Excerpt: ...Sacramento. Defendants now move for summary judgment on the basis that Plaintiffs cannot establish that they breached any duty or causation. In evaluating a motion for summary judgment or summary adjudication the Court engages in a three step process. First, the Court identifies the issues framed by the pleadings. The pleadings define the scope of the issues on a motion for summary judgment or summary adjudication. (FPI Dev. Inc. v. Nakashima (19...

Excerpt: ...ation “shall specify the time, place, manner, conditions, scope, and nature of the examination, as well as the identity and the specialty, if any, of the person or persons who will perform the examination.” (CCP §2032.310(b); Carpenter v. Superior Court (2006) 141 Cal.App.4th 249, 259.) Additionally, the Court's order “must set forth certain details of the examination: ‘An order granting a physical or mental examination shall specify the...

Excerpt: ... available at oral argument on December 15, 2022 at 1:30 pm. Appearance will be by ZOOM. Department 53 Zoom ID is: 161 4650 6749. To appear on Zoom by phone, call (833) 568‐8864 and enter 161 4650 6749#. Appearance is required. Defendant Kathleen Allison's motion to dismiss is granted. Defendant Governor Newson's joinder filed on December 1, 2022 and served on November 30, 2022 is denied. A joinder is only timely “if it is served and filed wi...

Excerpt: ... July 18, 2023. Plaintiff moves for leave to file a first amended complaint to set forth additional causes of action for slander, stalking, intentional infliction of emotional distress and invasion of privacy. Plaintiff also seeks to add additional facts regarding the underlying circumstances, including Defendant admitting his statements were false, police involvement and more. The Court previously denied Plaintiff's motion without prejudice on t...

Excerpt: ...ttee formed pursuant to the Federal Labor Management Cooperation Act of 1978 (29 U.S.C. § 175a). Defendant Brown Construction, Inc. (“Brown”) is a licensed contractor who served as the general contractor on a construction project in Sacramento known as the Arden Gateway project. Defendant Advantage Drywall, Inc. (“ADI”) is a licensed drywall contractor who served as a subcontractor of Brown's on the project. Plaintiff alleges that Defend...

Excerpt: ...ce is denied except to the extent that Plaintiff requested that the Court take judicial notice of Defendant's answer. The other matters appear to be contractual documents and billing statements which Plaintiff apparently attempts to use to show that allegations in Defendant's answer are untrue. Putting aside the impropriety of that purpose on a pleading motion such as the instant one, private documents between parties are not matters that are sub...

Excerpt: ...athfinder. Plaintiffs allege that the vehicle contains defects. They allege causes of action against Defendant for breach of warranties under the Song‐Beverly Act and the Magnuson‐Moss Act Defendant moves to compel Plaintiffs' claims to arbitration pursuant to an arbitration provision located in a Retail Installment Sales Agreement (“RISC”) Plaintiffs signed when they purchased the vehicle. A written agreement to submit a controversy to a...

Excerpt: ...ively, “Defendants”). Plaintiff was previously employed as a family physician with CDCR at California State Prison‐Sacramento, and Defendants Sahota and Bobbala were his supervisors. Plaintiff filed his initial complaint on December 12, 2019 alleging various employment causes of action, including religious and national origin discrimination, retaliation, and failure to accommodate. These claims stemmed from Defendants' responses to Plaintif...

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

Excerpt: ...ffectively, and focus. (AMF No. 1.) Due to her disability, Bankett has been placed on a LEAP eligibility list, which allows state agencies to bypass the interview and testing process when considering Bankett's application, to hire her provisionally to evaluate her qualifications during an on the job examination, and to appoint Bankett to a permanent position if she passes the examination. (See UMF Nos. 11‐13; Gov Code § 19240, et seq.) In 2013...

Excerpt: ...ary judgment or summary adjudication the Court engages in a three‐step process. First, the Court identifies the issues framed by the pleadings. The pleadings define the scope of the issues on a motion for summary judgment or summary adjudication. (FPI Dev. Inc. v. Nakashima (1991) 231 Cal.App.3d 367, 381‐382.) Because a motion for summary judgment or summary adjudication is limited to the issues raised by the pleadings (Lewis v. Chevron (2004...

Excerpt: ...se or causes of action against the defendant and the answer does not state facts sufficient to constitute a defense to the complaint.” (Code Civ. Proc. § 438(c)(1)(A).) In ruling on a motion for judgment on the pleadings, the Court can properly take judicial notice of evidentiary admissions that cannot be reasonably controverted. (Pang v. Beverly Hospital, Inc. (2000) 79 Cal.App.4th 986, 989‐990.) Thus, the Court may consider matters admitte...

Excerpt: ...oom telephonically, call (833) 568‐8864 and enter the Zoom ID: 16146506749. Defendant California Department of Corrections and Rehabilitation's (“CDCR”) demurrer to incarcerated plaintiff in pro per Paul Anthony Moreno's (“Plaintiff”) Complaint is ruled upon as follows. Plaintiff filed his Complaint on January 31, 2022, alleging a single cause of action for “Negligence in Law [Penal Code § 4576 (e), (i)].” Plaintiff alleges that an...

Excerpt: ... Street, Sacramento, California 95814. Defendant shall notify Plaintiff immediately. On December 27, 2016, plaintiff Dawn Virginia Randall (“Plaintiff”) filed the Complaint in this action for personal injuries related to a fall that occurred on January 6, 2015. The initial trial date was September 25, 2018. (ROA 26.) On September 6, 2018, the Court granted Plaintiff's motion to continue trial pursuant to the parties' stipulation. (ROA 36.) A ...

Excerpt: ...cts, opposing plaintiff's 69 Additional Material Facts, and/or opposing plaintiff's three (3) written objections to evidence will be addressed at the hearing. The parties should 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. *** PDQ's moving memorandum of points & authorities fail to comply with CRC Rule 3.1113(f), requiring a table of contents an...