Excerpt: ... Defendants with various wage-and-hour causes of action. Defendants filed their answer through their former counsel, Larry M. Kazanjian, on June 26, 2020. (ROA 9.) On July 19, 2022, the Court granted Mr. Kazanjian's motion to withdraw as counsel for Defendants, leaving Defendants briefly unrepresented in this action. (ROA 29.) On October 31, 2022, Defendants' current counsel, Matthew R. Schoech, substituted in as counsel of record. (ROA 38.) At t...

Excerpt: ...leges he was riding as a passenger in a RZR-type vehicle being driven by Defendant Christian Madrigal on the subject real property when the vehicle overturned and caused Plaintiff significant injuries. Plaintiff's complaint lists two causes of action: (1) premises liability and (2) general negligence. The complaint initially named as defendants Christian Madrigal, A.V. Irrevocable Settlement Trust, Cynthia Taylor, and David Taylor. Defendant A.V....

Excerpt: ...ve ruling procedure and the manner to request a hearing. If moving counsel is unable to contact plaintiffs in pro per prior to hearing, moving counsel is ordered to appear at the hearing by Zoom or by telephone. (The Court notes that defendant filed and served an amended notice of motion on 2/15/2023 but because this was served so close to the 2/21/2023 hearing date and because 2/20/2023 was a court holiday, plaintiffs may not have received the a...

Excerpt: ...t need not waste time locating individual exhibits). Factual Background According to the opening paragraph of plaintiff's complaint, “This is a civil action for declaratory judgment asking the jury for a verdict declaring that Defendant Dayle Ann Imperato was the ‘keeper' of Plaintiff Krista Mitchell's 58 rescue dogs from 6:34 p.m. Tuesday, February 19, 2019 through 6:16 p.m. Thursday, February 21, 2019.” Plaintiff alleges that she housed t...

Excerpt: ...opposition was due on February 6, 2023 based on the February 21, 2023 hearing date. Indeed, Defendant had filed a “reply” that was essentially a notice that no opposition was filed on February 10, 2023. (ROA 27.) The Court has considered Plaintiff's opposition in its ruling to the extent Plaintiff's arguments are applicable, despite the fact that it was untimely filed. Plaintiff filed his original complaint on June 14, 2022. (ROA 1.) He filed...

Excerpt: ...nal meet-and-confer declaration, such objection was unnecessary since Exhibit A was attached to the declaration simply to reflect State's meet-and-confer attempt and since the Court's consideration on this demurrer is limited to the facts duly alleged in the challenged pleading, along with those for which judicial notice was both requested and granted. Factual Background On 3/15/2022 plaintiff filed a Judicial Council Form complaint for personal ...

Excerpt: ...ject property collapsed and fell on the decedent. According to the moving papers, plaintiff propounded on defendant Greco a set of Requests for Admissions on 7/15/2022. Defendant Greco subsequently obtained extensions for her responses up to an including 11/7/2022 but that plaintiff has to date received no responses to these requests for admissions. Defendant Greco argues this motion “must be denied” for three (3) reasons. First, plaintiff fa...

Excerpt: ...g so Plaintiff may depose Defendant's person most qualified in order to oppose the motion. This request is supported by a stipulation between the parties. However, as set forth below, the Court finds Defendants failed to meet their initial burden on this motion. As Defendants failed to shift the burden, Plaintiff has no burden to produce evidence to raise a triable issue of material fact. The request for a continuance is therefore unnecessary and...

Excerpt: ...lleges Defendant breached the lease and has failed to pay the balance due thereunder. Plaintiff moves for summary judgment as to its entire case on the grounds there are no triable issues of material fact and there is sufficient evidence to entitle it to a judgment against Defendant in the amount of $33,516.50. Legal Standard A plaintiff moving for summary judgment meets its burden of showing that there is no defense to a cause of action if that ...

Excerpt: ...June 2020 pursuant to which it agreed to provide construction equipment rental services to CDCR in exchange for payment. (FAC ¶ 6.) The Agreement states that CDCR was “to return the equipment in good condition subject to reasonable wear and tear” and that CDCR “shall not be liable for loss of damages to the rental equipment from any cause whatsoever during period of transportation or during the period the equipment is in the Institution's ...

Excerpt: ...des. 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. To appear on Zoom telephonically, call (833) 568- 8864 and enter the following Zoom ID: 16146506749. The demurrer of defendants to plaintiff in pro per Yandell's complaint is ruled upon as follows. Factual Background This a...

Excerpt: ...tain an order from the Court allowing it to file an oversized memorandum. Nevertheless, the Court considered the entirety of the memorandum. In the future, La Posta shall conform to the applicable page limits or obtain an order from the Court allowing it to exceed those limits in accordance with the Rules of Court. This action arises from a loan agreement YAN and La Posta entered into in connection with a casino project that ultimately failed and...

Excerpt: ... disregarded by the Court. (City of Arcadia v. State Water Res. Control Bd., (2010) 191 Cal.App.4th 156, 180, as modified on denial of reh'g (Jan. 20, 2011).) This action arises out of an auto accident that occurred on June 20, 2018, on Riverside Boulevard in Sacramento when Plaintiff changed lanes in front of Defendant and then slammed on his brakes to avoid geese crossing the road. On December 11, 2020, Plaintiff filed the form Complaint for pe...

Excerpt: ...ff Crystal Jackson alleges causes of action against Defendants based on allegation that they negligently failed to perform a cesarean section which injured Ava Walls and Ms. Jackson. In the third cause of action for fraud, Plaintiffs allege that Defendants knew Ms. Jackson would encounter a “dangerous dystocia delivery” but concealed that fact. Defendants move for summary adjudication of the third cause of action. In evaluating a motion for s...

Excerpt: ...he “Sac Metro Fire Defendants”) alleged failure to diagnose a heart attack suffered by Mr. White on March 29, 2020, after Mrs. White's 911 call, and defendant Dignity Health dba Mercy Hospital of Folsom's (“Dignity Health”) alleged failure to promptly treat said heart attack. Sacramento Metro Fire District, Mr. Kellogg, Mr. Reed, Mr. Gray, and Dignity Health shall be collectively referred to herein as “Defendants”. Plaintiffs filed th...

Excerpt: ...tiff at Defendant's request. A judge must grant a motion for summary judgment if all the papers submitted show that there is no triable issue as to any material fact and that the moving party is entitled to judgment as a matter of law. (CCP § 437c, subd. (c); Mann v. Cracchiolo (1985) 38 Cal.3d 18, 35) Summary judgment is properly granted only if the moving party's evidence establishes that there is no issue of material fact to be tried. (Lipson...

Excerpt: ...l Defendant to provide full and complete responses to certain requests for production. Requests Nos. 33, 37-43 and 45-46 relate to Technical Service Bulletins, recalls and documents/internal codes used by Defendant and similar consumer complaints. Requests Nos. 16, and 19-32 relate to Defendant's warranty and repurchase policies. Defendant interposed numerous objections to the requests for production, including objections based on relevance, burd...

Excerpt: ... discovery into any causes of action on the grounds they are not subsumed by the Uniform Trade Secrets Act, and an order declaring that Plaintiff's “Amended Designation of Trade Secrets Pursuant to Code of Civil Procedure Section 2019.210” (“SAD”) (Plaintiff's Exh. 2) complies with § 2019.210. The notice of motion must state in writing the "grounds upon which it will be made." (Code Civ. Proc., § 1010) Only the grounds specified in the ...

Excerpt: ... Plaintiff alleges Solomone was driving under the influence and with a suspended license. The vehicle was owned by Defendant. Plaintiff filed the original Complaint on March 1, 2021, and the operative 1AC on November 30, 2022. The 1AC alleges claims for negligence against Solomone and negligent entrustment and owner liability pursuant to Vehicle Code § 17151(a) against Defendant. Plaintiff seeks an award of punitive damages. As to Defendant, Pla...

Excerpt: ...ing judgment. The Court issued a tentative ruling on this matter for a November 16, 2022. No party contested the tentative ruling. A formal order was entered on December 7, 2022. However, pursuant to CCP § 704.790(d) the Judgment Debtor served a copy of the order and a Declaration for Rehearing on the Homestead Exemption. Under that statute, if the Judgment Debtor serves a copy of the Declaration on the Sheriff within 10 days of service, the Cou...

Excerpt: ...d Does 1 to 25 (collectively "Kamilos" or "Defendants") in the amount of $998,432 is DENIED as follows. Objections to Evidence Kamilos' objections to the Declaration of Kenneth Allred are overruled. Factual and Procedural Background On or about January 30, 2020, Plaintiff and Kamilos entered into a settlement agreement (the "Settlement Agreement"), which had an effective date of September 30, 2019, to compensate Plaintiff for unpaid services that...

Excerpt: ... exclusive forum. The complaint alleges causes of action for violation of the Magnuson-Moss Consumer Warranty Act and negligence related to alleged defects in a 2022 XLR 35LRLE TravelTrailer (the “RV”) purchased by Plaintiff Norman Chapin (“Plaintiff”) and manufactured by Defendant. (See Complaint.) Plaintiff purchased the RV from thirdparty Jeff Couch's Campers, L.L.C. (the “Seller”) in Ohio and had the RV delivered to California. (P...

Excerpt: ...ewear measurement technology for use by optometrists and their offices. (First Amended Complaint (“1AC”) ¶ 8.) VSP alleges PFO was unable to timely meet its obligations causing VSP to exercise its “Step-InRights” under the Agreement and take over various PFO functions, such as hiring and paying third parties to fulfill the development obligations. (1AC ¶¶ 27-31.) VSP alleges because PFO was never able to show it had the resources to pe...

Excerpt: ...s. Plaintiff in pro per Kirk D. Williams (“Plaintiff”) filed this action September 10, 2021 via a form complaint with causes of action for general negligence and intentional tort. On June 14, 2022, the Court sustained Defendant Sacramento County Conflict Criminal Defenders' (“SCCCD”) unopposed demurrer to Plaintiff's complaint. (ROA 30.) The Court also granted Plaintiff leave to file a first amended complaint by July 29, 2022. ( Ibid.) Pl...

Excerpt: ...w and motion matters. *** Plaintiffs' motion to compel Defendant Fedex Ground Package Systems, Inc.'s further responses to request for production of documents, set one, and for further production of documents is ruled upon as follows. Per the Joint Statement, the only RFPs that remain in dispute are RFP Nos. 9-12. RFP No. 9: “Any and all DOCUMENTS constituting insurance policies (including primary and excess policies) under which Responding Par...