Excerpt: ... which Plaintiff alleges that Defendant Oscar Vasquez (“Vasquez”), a driver for Aguilar's rental‐car relocation company, rearended Plaintiff Zaka Vera (“Plaintiff”) while both were traveling on Interstate 80. The vehicle driven by Vasquez, Plaintiff's vehicle, and a third vehicle driven by Defendant Joseph Inch (“Inch”), were all involved in the accident. As a result of the accident, Plaintiff alleges various claims against Defendan...

Excerpt: ...ed by Local Rule 1.06(D). Counsel is ordered to notify Plaintiffs immediately of the tentative ruling system and to be available at the hearing, via Zoom or Courtcall, in the event Plaintiffs appear without following the procedures set forth in Local Rule 1.06 (B). This action arises from a motor vehicle collision that occurred on January 10, 2019. Plaintiffs filed their complaint on March 13, 2020. (ROA 1.) Defendants filed an Answer on May 8, 2...

Excerpt: ...o notes defendants attempted to file a response on January 4, 2021, which was rejected due to a failure to pay first appearance fees or submit a fee waiver request. (ROA 21.) Had this response been accepted and filed, it also would have been untimely as it would have been filed only three court days prior to the hearing in violation of CCP section 1005. On December 23, 2020, this Court issued a Temporary Restraining Order (“TRO”) and an Order...

Excerpt: ...espond fully to the arguments raised therein, and the Court in its discretion will allow the filing. This is a lemon law action that settled at trial. The subject vehicle was originally purchased for $18,184.91. (Exh. 1 to Zhang Decl.) Plaintiffs now move for an award of attorney's fees in the amount of $218,352.80, which includes and expenses in the amount of $19,670.52. (P&As at 1.) On October 30, 2019, Defendant made a Section 998 offer under ...

Excerpt: ...red to notify Plaintiff's counsel immediately of the tentative ruling system and to be available at the hearing, via Zoom or Courtcall, in the event Plaintiff's counsel appears without following the procedures set forth in Local Rule 1.06(B). This action concerns Plaintiff's former employment with defendant Fever Labs, Inc. and his termination on October 15, 2018. Plaintiff filed his Complaint on July 17, 2020, alleging the following five causes ...

Excerpt: ...matters. The Department 53 Zoom ID is: 841 204 6267. Consistent with Local Rule 1.06(B), any party requesting oral argument on any matter on this calendar must comply with the following procedure. To request oral argument, you must call the Department 53 clerk at (916) 874‐ 7858 and opposing party by 4:00 p.m. the court day before the hearing. At the time of requesting oral argument, the requesting party shall leave a voice message to advise th...

Excerpt: ...n May 14, 2019, the Sacramento Police Department executed a criminal search warrant at the Subject Property and discovered a large illegal cannabis cultivation operation consisting of 3,528 illegal cannabis plants. Thereafter, City filled a drug abatement and nuisance civil action against Defendants on June 26, 2019. Defendants Jacobo Small, Phoung Laakso, Blue Sky Land Company, LLC, Tidal Wave Farms, LLC and Good City, LLC'S Motion to Stay all p...

Excerpt: ...CCMS but was never served with it. Nonetheless, defendant has had the opportunity to adequately addressed the merits of the opposition in its Reply. Plaintiff alleges a cause of action for legal malpractice arising out of defendant's representation of him in a criminal matter. Defendant contends the claims are barred by the failure to file a Government Tort Claim and the statute of limitations. Plaintiffs Complaint alleged that on February 25, 20...

Excerpt: ...ulent inducement against the project architect. HDI contends the claims are barred by the statute of limitations, that the negligence claim is barred by the economic loss rule, and that the fraud and concealment claims are defectively pleaded as they do not allege all of the required elements. The First Amended Complaint ("FAC") alleges that in August 2012, HBE, the general contractor, hired Plaintiff as a subcontractor to install a Modified Bitu...

Excerpt: ...see bolded language above), to participate in oral argument on the continuance date. Defendants' Compton, Barretto, Bobbala, Heredia, Macomber, and Wangombe's ("Defendants") Demurrer to the Complaint filed by self‐ represented incarcerated plaintiff is ruled on as follows Defendants' Request for Judicial Notice is granted. Plaintiff alleges a medical negligence claim under Cal. Civ. Code §1714.8, regarding his inability to obtain over the coun...

Excerpt: ...ants on the other hand, which settles the claims of the class and Plaintiff for sixty thousand dollars ($ 60,000) in a non‐reversionary settlement. This case is a putative class action alleging violations of California state law. Defendants Execap, Inc., Executive Autopilots, Inc., Andrey Kalchenko, were engaged in the business of providing full service avionic repairs, installations, and building of custom panels for aircraft ranging from clas...

Excerpt: ... and entered into written account agreement(s) with plaintiff for the account numbers ending in 1002 and 2002 (the "Account") on May 20, 2006. See Plaintiffs Separate Statement(s) of Undisputed Material Facts #1 and # 10 ("Separate Statement(s)"). The defendant agreed to be bound by the terms and conditions set forth in the Cardmember Agreement(s) when the defendant applied for, received or used the credit card account(s). In addition, the Cardme...

Excerpt: ...isputed material facts: Defendant applied to plaintiff for a credit card account and entered into a written credit card account agreement with plaintiff for the account number ending in 5713 (the "Account"). See Plaintiff's Separate Statement of Undisputed Material Facts #1, #10 ("Separate Statement"). The defendant agreed to be bound by the terms and conditions set forth in the Cardmember Agreement when the defendant applied for, received or use...

Excerpt: ...omplaint and, (b) that he does not have sufficient minimum contacts in California to be subject to the jurisdiction of its courts. Service of Summons "Except as otherwise provided by statute, a summons shall be served on a person: (a) Within this state, as provided in this chapter (b) Outside this state but within the United States, as provided in this chapter or as prescribed by the law of the place where the person is served." CCP § 413.10(a) ...

Excerpt: ...raudulent inducement arising out of allegedly negligent professional architectural services conducted by HDI arising out of a Project on which HDI was the architect and Gudgel was the roofing subcontractor. HDI seeks to strike the following portions of the FAC. * Paragraph 15, lines 22‐23: "SCOTT included a statement that, 'the roof contains contaminants affecting the cap sheet bond'." * Paragraph 15, lines 25‐26 and Paragraph 58, lines 21‐...

Excerpt: ...se them 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 partied prior to hearing, moving counsel is ordered to appear at the hearing. The notice of motion also does not comply with Code of Civil Procedure §1010 or CRC Rule 3.1110(a). Factual Background This lawsuit follows an earlier one initiated in 2017 by the Petrashishins, whose complaint alleg...

Excerpt: ...cond amended complaint (“SAC”) is ruled upon as follows. Defendants' and Plaintiff's requests for judicial notice are granted. I. Overview This is an attorney malpractice action. Plaintiff alleges that Defendants represented her in the underlying personal injury action (“Underlying Action”) against the City of Sacramento (“City”). The SAC asserts causes of action for breach of contract, breach of fiduciary duty, and legal malpractice....

Excerpt: ...dant. The parties were in a romantic relationship from June 2017 until January 2019. (Def.'s Decl. ¶ 2.) During their relationship, Defendant declares that she experienced incidents of physical violence. (Id. at ¶ 3.) Defendant avers that after an altercation between the parties and their daughter on January 1, 2019, Defendant called the Galt Police Department, who granted her an emergency protective order. (Id. at ¶ 12.) On January 7, 2019, D...

Excerpt: ... the scope of discovery sought with respect to the subpoenas to limit the time period from June 2018 to December 2018. The motion is ruled on as follows. The motion is based on the grounds that the deposition subpoenas are overbroad, not directly relevant to the claims at issue in this litigation, and not reasonably calculated to lead to discovery of admissible evidence. The motion is also made on the grounds that the deposition subpoenas demand ...

Excerpt: ...e the tentative ruling to Plaintiff Christopher Lipsey within 48 hours of receiving it. The hearing date is continued to January 20, 2021, at 9:00 a.m. in this Department for oral argument. The continuance date is an appearance required hearing so no party needs to request oral argument. The litigation coordinator shall make Mr. Lipsey available by CourtCall or by Zoom audio (if available) to participate in oral argument at 9:00 a.m. on the conti...

Excerpt: ...asks that the Court allow for further deposition of Carolan Ferreria. The motion is ruled on as follows. The notice of motion does not provide notice of the Court's tentative ruling system as required by Local Rule 1.06(D). Plaintiff is ordered to notify Defendant immediately of the tentative ruling system and to be available at the hearing, in person or by telephone, in the event Defendant appears without following the procedures set forth in Lo...

Excerpt: ...nt 54; the correct address is 813 6th Street, Sacramento, California 95814. Defendants' counsel is directed to contact Plaintiff's counsel forthwith to advise counsel of Local Rule 1.06, the Court's tentative ruling procedure, and Department 54's correct address. If Defendants' counsel is unable to contact Plaintiff's counsel prior to the hearing, Defendants' counsel shall be available at the hearing, by CourtCall or Zoom as stated in the introdu...

Excerpt: ...y, Fair Oaks, CA 95628 (the “Property”). Plaintiff alleges NKS Real Estate Holdings Inc. (“NKS”) is the owner of the Property, and Nabil Samaan is President of NKS. Plaintiff filed its Complaint on October 28, 2020, alleging that Defendants have started and continue to allow the construction of the ADU with full knowledge that there was not a building permit issued for said construction. (Compl. ¶ 8.) Plaintiff brought this action “for...

Excerpt: ...oposed settlement. (Cal. Rules of Court, rule 3.769(g).) A presumption of fairness exists where: (1) the settlement is reached through arm'slength bargaining; (2) investigation and discovery are sufficient to allow counsel and the court to act intelligently; (3) counsel is experienced in similar litigation; and (4) the percentage of objectors is small. (Newberg & Conte, Newberg on Class Actions supra, § 11.41, pp. 11‐ 91.) Plaintiff Ismael Pit...

Excerpt: ... 1.06 and the Court's tentative ruling procedure. If Bellingham's counsel is unable to contact opposing parties' counsel prior to the hearing, Bellingham's counsel shall be available at the hearing, by CourtCall or Zoom as stated in the introductory NOTICE to today's Tentative Rulings, in the event opposing parties' counsel appear without following the procedures set forth in Local Rule 1.06(B). Bellingham's motion for a determination of good fai...