Excerpt: ...g the procedures set forth in Local Rule 1.06(B). Defendants' Samanta and Susan Elazzi's (“Defendants”) motion for summary judgment, or in the alternative, summary adjudication, is ruled upon as follows. I. Overview This is a premises liability/personal injury action. Plaintiff Grace Velasquez's (“Plaintiff”) complaint alleges causes of action for (1) general negligence, and (2) premises liability in connection with her injuries from a tr...

Excerpt: ...his action arises from decedent Theresa Marks' admission and stay with Defendant from September 16, 2020, through September 23, 2020. Plaintiffs filed the Complaint on September 15, 2021, asserting causes of action for: (1) elder abuse/neglect; (2) professional negligence; (3) wrongful death; (4) negligent infliction of emotional distress; and (5) violation of Patient's Rights. The 1AC was filed on February 25, 2022, alleging the same causes of a...

Excerpt: ... 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 Court notes that the complaint in this action is substantively identical to the complaint filed in Sacramento Superior Court Case No. 2022‐ 00318900 entitled B.W. v. County of San Bernardino, and that the present demurrer and the opposition thereto are lik...

Excerpt: ...hat pursuant to local Court 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's tentative ruling procedure and the manner to request a hea...

Excerpt: ...ntial amended pleading. Plaintiff/Cross‐Defendant Bank of America, N.A.'s (“BANA”) demurrer to Defendant/Cross‐ Complainant in pro per, Thomas Witte's (“Witte”), First Amended Cross‐ Complaint (“FAXC”) is ruled upon as follows. REQUEST FOR JUDICIAL NOTICE: BANA has filed a Request for Judicial Notice in Support of Its Demurrer to the First Amended Cross‐Complaint (“RJN”). In its RJN, BANA cites to Evidence Code section 452...

Excerpt: ...following five causes of action against CDCR: (1) wrongful discharge in violation of public policy; (2) retaliation in violation of FEHA; (3) failure to prevent and investigate harassment and retaliation in violation of FEHA; (4) retaliation (Labor Code § 1102.5); and (5) intentional infliction of emotional distress. On December 15, 2020, the Court sustained CDCR's demurrer without leave to amend as to the first and fifth causes of action. (ROA ...

Excerpt: ...f Tyrone Adams alleges causes of action against Defendants for conversion, trespass to chattels, and intentional infliction of emotional distress. He appears to allege he was a long‐term guest at a hotel owned by Defendants and that an unknown person broke into his storage locker and stole his property in December 2015. Plaintiff also alleged in the FAC that Defendants previously engaged in conversion against him in 2014 and acknowledged liabil...

Excerpt: ...o compel Magby's deposition, which this Court granted on February 22, 2022. Therein, the Court ordered Magby to appear for deposition no later than May 14, 2022. (ROA 71.) Magby's counsel agreed to a deposition date of March 8, 2022, and Bennett served a Second Amended Notice of Deposition reflecting the agreed‐upon date. On March 8, 2022, however, Magby's counsel again stated that neither he nor Magby would be appearing for the deposition as s...

Excerpt: ... City of Sacramento (“City”) and Brad Wasson's (“Wasson”) (collectively “Defendants”) motion for judgment on the pleadings is ruled upon as follows. I. Overview Plaintiffs Lanette and Bryan Davies (collectively “Plaintiffs”) allege that they are the owners of Canna‐Care, a lawfully operating medicinal marijuana dispensary. (First Amended Complaint (“FAC”), ¶¶ 1‐2.) Plaintiffs allege that defendant Wasson is the Revenue M...

Excerpt: ...tion to reopen discovery. The motion was denied to the extent that Defendants sought to reopen nonexpert discovery on Plaintiffs' third cause of action for custodial negligence. The motion was granted to the extent that Defendants sought to reopen nonexpert discovery on the fourth cause of action for constructive fraud. The Court denied Defendants' request to reopen expert discovery without prejudice to filing a motion pursuant to CCP § 2034.610...

Excerpt: ...d a 2020 Honda Pilot. Plaintiff alleges that Defendant is a manufacturer and/or distributor under the Act. During the warranty period, the vehicle experienced defects and non‐conformities, including but not limited to, electrical and transmission issues. Plaintiff moves to compel Defendant's further responses to RFP Nos. 37‐43 and 45‐ 46. The parties entered into, and the Court signed, a stipulated protective order on October 21, 2022. RFP ...

Excerpt: ...eges that his disability could have been accommodated by allowing him to wear his sidearm and equipment on a weight‐bearing vest instead of the traditional leather belt. Plaintiff alleges he submitted the request for reasonable accommodation in April 2019. In his discovery responses, Plaintiff indicated he suffered depression, anxiety and emotional distress as a result of the adverse employment actions. He also identified Ms. Williams (a marria...

Excerpt: ...nd counsel for all other parties to the underlying action and advise 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 Respondent and counsel for all other parties prior to hearing, moving counsel is ordered to appear at the hearing by Zoom or by telephone. Moving counsel is admonished for failing to comply with CRC Rule 3.1110(f)(4). Exhibits must be sep...

Excerpt: ...greed to dismiss her cause of action against Defendant. After receiving the settlement proceeds, Plaintiffs' counsel's office mailed a Request for Dismissal to this Court on August 23, 2022. (Schuchhardt Decl., ¶ 6.) The dismissal did not specify that the dismissal was as to Ms. Sanchez Garcia only. (Id. at ¶ 6, Exh. B.) Counsel's office discovered the mistake the following day and contacted the Court that same day. (Id. at ¶ 7.) Counsel was i...

Excerpt: ...ber 29, 2022 when they filed a petition to vacate contractual arbitration award. Petitioners and Respondent participated in contractual arbitration on March 29‐ 30, 2022. The arbitrator issued her opinion and award on June 23, 2022 and served the award on the parties the same day. In total, on September 29, 2022, Petitioners filed a petition to vacate on a Judicial Council ADR‐106 form (ROA 1), a civil case cover sheet (ROA 2), a summons (ROA...

Excerpt: ...venture. Plaintiff's deposition was originally noticed for September 9, 2021, but was rescheduled several times due to Plaintiff's inadequate responses to Defendants' written discovery. Eventually, Plaintiff sat for his deposition on May 4, 2022. However, after only two hours of testimony, Plaintiff and Plaintiff's counsel abruptly stopped the deposition due to Plaintiff's perception that defense counsel was harassing him with his questions, with...

Excerpt: ...ected 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 (“Plaintiff”) motion to appoint counsel is denied. This is an unlimited civil action for damages. Under California law, there is no general right to coun...

Excerpt: ...rellana (hereafter, “Plaintiff”) established prenatal care with Capital OB/GYN on February 15, 2018 and returned at regular intervals for scheduled visits. (Frields Decl., ¶ 4.) On August 2, 2018, Plaintiff was evaluated at Sutter Medical Center for spotting, which resolved. (Id. at ¶ 5.) Plaintiff went into labor on September 22, 2018 and reported to Sutter Medical Center for delivery and was first evaluated by Mark Zheng, M.D. (Id. at ¶ ...

Excerpt: ... if the plaintiff has placed his or her mental condition in controversy. (Carpenter v. Superior Court (2006) 141 Cal.App.4th 249, 258‐59.) The motion for a mental examination "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." (Id. at pp. 258‐259, citing Code Civ. Proc. § 2032.310(b)).) "To prot...

Excerpt: ...iff filed a First Amended Complaint (FAC), which identified an address of the alleged incident as 9230 Kiefer Boulevard in Sacramento, California. As to injury, however, the FAC states only as follows: “3. On or about September 7, 2020, Defendant(s) owned, operated managed, maintained, controlled, and/or was/were in possession and control of a residential apartment complex doing business as “The Retreat Apartments” located at 9230 Kiefer Bl...

Excerpt: ...�) is UNOPPOSED and DENIED without prejudice for lack of proper notice. Plaintiff's Application for Writ of Possession of the Collateral, as against Defendant Satpal Singh Brar (“Defendant Brar”) is UNOPPOSED AND GRANTED, provided that proof of service to Defendant Brar demonstrating compliance with the service requirements of Code of Civil Procedure sections 512.030 and 1005 are filed prior to the time of the hearing. If such proof of servic...

Excerpt: ...osales' complaint is UNOPPOSED and is ruled upon as follows. Plaintiff in pro per Rosales, an inmate in a California correctional facility, alleges that defendant Bravo sent “an unauthorized wireless device” (a cell phone) found in the possession of another prisoner to the Digital Forensics Team (“DFT”) in order to extract data “wihtout [sic] first obtaining a valid search warrant, pursuant to Penal Code §4576 (e); and negligent in fol...

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: ...at oral argument on December 13, 2022 at 1:30 pm. Appearance will be by ZOOM. Department 53's 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 Manjula Bobbala's (“Defendant”) demurrer to the complaint is ruled upon as follows. Request For Judicial Notice Defendant's Request for Judicial Notice [“RJN”] of Plaintiff's tort claims and their rejections is ...

Excerpt: ...t Villara Corporation. (ROA 1.) Plaintiffs served Villara on April 16, 2016 at its principal place of business in McClellan, California. Plaintiffs filed their operative pleading, the Second Amended complaint, on December 12, 2016. (ROA 76.) On March 7, 2017, Defendants filed a Petition to Compel Arbitration. (ROA 62.) The Court granted the Petition on April 4, 2017. (ROA 77.) On September 23, 2019, the parties stipulated not to arbitrate the mat...

Excerpt: ...ion as Wal‐Mart terminated him instead of disciplining the female employee he had reported for sexual harassment, Defendant Shauna Byers. Plaintiff further alleges he was wrongfully terminated on the basis of a physical disability. Lastly Plaintiff alleges FEHA retaliation and failure to prevent harassment, discrimination, and retaliation. Plaintiff Sylvia Buschmann, Stephen's wife, claims loss of consortium. By way of the instant motion, Plain...

Excerpt: ...ed a 2018 Ford Ecosport (“the Vehicle”) from Defendant in Roseville on July 15, 2019, and Defendant issued express warranties in connection with that transaction. The Vehicle has since exhibited numerous defects and nonconformities covered by the warranties that substantially impair the use, value, and safety of the Vehicle. Plaintiff delivered the Vehicle to Defendant's authorized repair facilities for repairs but Defendant has failed to rep...

Excerpt: ... SIA is obligated to defend and indemnify school districts for covered losses. SIA enters reinsurance contracts with third parties to cover losses. SIA has reinsurance contracts with respondents General Reinsurance Corporation (“GRC”) and Great American Insurance Co. (“GAIC”). Both contracts contain arbitration provisions requiring arbitration of disputes over coverage, losses, or payments. (Exh. A at Art. XVIII; Exh. B at Art. 15(A).) SI...

Excerpt: ...cal treatment. Plaintiff also alleges causes of action against Defendant Sacramento Colon & Rectal Surgery Medical Group, Inc. for negligent hiring, supervision, retention, sexual harassment and professional negligence. Plaintiff also alleges a cause of action against Defendant's wife for fraudulent transaction. On March 3, 2022, this Court granted, in part, Defendant's motion to stay on the basis that he was the subject of a criminal investigati...

Excerpt: ...nrelated claim in her account with Defendant. (See Complaint, ¶¶ 10‐23.) Plaintiff's complaint asserts a total of nine causes of action including civil rights violations, unfair competition, defamation, and negligent hiring. Plaintiff served Defendant with the subject Requests for Production of Documents, Set One on April 14, 2022. Defendant served its initial responses on June 10, 2022. Plaintiff's counsel sent a meet and confer letter on Ju...

Excerpt: ...equires that each paper exhibit 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 exhibit designation. Failure to comply with this rule makes it cumbersome for the Court to review the corresponding exhibits and evidence. The Court does not consider Defendants' “rebuttal and supporting evidence” to White's responses to Defendants' UMFs. The summary judgment statute does...

Excerpt: ...lectively, “Defendants”) demurrer to Plaintiff in pro per Larry Redic's (“Plaintiff”) complaint is ruled upon as follows. Defendants' request for judicial notice of Executive Order N‐ 33‐20 is granted. The Court declines to take judicial notice that the Order “does not establish specific COVID ‐19 safety protocols for California's prisons.” (See, Def.'s RJN at 1:26‐27.) The Court notes that Plaintiff filed an opposition on Aug...

Excerpt: ...“2AC”) is ruled upon as follows. Defendants' request for judicial notice is granted. This action arises from Plaintiff's former employment with Defendants. Plaintiff alleges she was employed by Defendants since 1987 until she was forced to resign in May of 2019. (2AC ¶ 8.) Two months later, on July 1, 2019, Plaintiff filed a verified complaint with the Department of Fair Employment and Housing (“DFEH”), and on the same day she received a...

Excerpt: ...plaint for Refund of Property Taxes on December 7, 2020. After the Court granted Plaintiff's motion for leave to file a First Amended Complaint (“1AC”) on January 26, 2022, Plaintiff filed the operative 1AC on January 26, 2022. (ROAs 40, 41.) Defendant filed its Answer to the 1AC on February 25, 2022, asserting three affirmative defenses. (ROA 43.) Defendant's first affirmative defense states “[t]he first amended complaint and each and ever...

Excerpt: ... time as the answer to the complaint. (Code Civ. Proc. § 428.50.) If the defendant's causes of action against the plaintiff are related to the causes of action asserted in the complaint, the cross‐complaint is compulsory and the failure to file the cross‐ complaint or to include related causes of action bars the defendant from asserting the related causes of action in any other action. (Code Civ. Proc. § 426.10.) However, if a defendant fai...

Excerpt: ..., Amazon requests a broader protective order that seeks to limit potential future discovery disputes by enabling parties to identify documents produced and deposition testimony obtained during discovery as “Confidential” or “Attorneys' Eyes Only”, restricting the use and disclosure of the discovered information to third parties. If a party challenges whether certain documents are marked as confidential and the parties are unable to resolv...

Excerpt: ... breach of contract, and four causes of action for common counts based on theories of money lent, money paid, open book account, and account stated. Plaintiff requests summary judgment in Plaintiff's favor and against Defendant in the amount of $6,547.06, plus costs in the amount of $800. Defendant does not oppose the motion. In evaluating a motion for summary judgment or summary adjudication the Court engages in a three‐step process. First, th...

Excerpt: ...orm Interrogatories and Requests for Production by October 5, 2021. (RJN, Exh. E; ROA 30‐31.) As the motion was unopposed, no sanctions were awarded. (Ibid.) On June 16, 2022, Plaintiff filed a prior motion for terminating sanctions on grounds Singh failed to comply with the order to provide discovery responses. (Sandoval Decl., ¶¶ 9‐13.) The Court denied the motion based on a finding that the drastic remedy of terminating sanctions was ina...

Excerpt: ...of California (“Board”) and the Order to Show Cause (“OSC”) is granted. The Board “is tasked with protecting the public against incompetent, impaired and negligent physicians.” (Grafilo v. Cohanshohet (“Cohanshohet”) (2019) 32 Cal.App.5th 428, 435.) “To accomplish this task, the Board is authorized to investigate complaints from the public that a physician may be guilty of unprofessional conduct.” (Ibid; Bus. & Prof. Code § 2...

Excerpt: ...les as follows. *** If oral argument is requested, the parties must at the time oral argument is requested notify the clerk and the opposing party of the specific discovery requests that will be addressed at the hearing. The parties are also reminded that pursuant to local rules, only limited oral argument is permitted on law and motion matters. *** In this Lemon Law action plaintiff alleges that her 2010 Dodge Charger suffers from widespread def...

Excerpt: ...d opposing counsel are advised that the caption on the original complaint is the caption which should appear on all subsequent court filings and this caption ordinarily does not change even with the subsequent addition or dismissal of parties. Factual Background This action was commenced on 4/23/2021 by plaintiffs Gomez and Sandoval, husband and wife, seeking damages for personal injuries allegedly sustained while entering a vehicle operated by a...

Excerpt: ... Cathy Looc (“Plaintiff”) is GRANTED. Moving Defendants have indicated the incorrect address in the notice of motion. The correct address for Department 54 of the Sacramento County Superior Court is 813 6th Street, Sacramento, California 95814. Plaintiff filed this personal injury action on January 8, 2021, against Moving Defendants and defendant Lai alleging claims of general negligence and premises liability arising out of a dog bite/attack...

Excerpt: ...y and discovery responses) as these items constitute “extrinsic evidence” which is outside the permissible scope of a demurrer, where the Court's consideration is limited to the allegations of the challenged pleading and those facts for which judicial notice is both requested and granted. For the same reason, the Court also did not consider the Martucci Declaration in Reply. The Court reminds both moving and opposing counsel that Code of Civi...

Excerpt: ...mended Complaint (“2AC”) is ruled upon as follows. Defendants' request for judicial notice is granted. This action arises from Plaintiff's former employment with Defendants. Plaintiff alleges she was employed by Defendants since 1987 until she was forced to resign in May of 2019. (2AC ¶ 8.) Two months later, on July 1, 2019, Plaintiff filed a verified complaint with the Department of Fair Employment and Housing (“DFEH”), and on the same ...

Excerpt: ...oreno 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 Paul Anthony Moreno need not request oral argument. The Litigation Coordinator shall make Paul Anthony Moreno available, by Zoom telephonically, at 9:00 a.m. on the date of the continued hearing date, which will be November 29, 2022, to pa...

Excerpt: ...22. (ROA 1.) The action apparently arises out of an alleged insurance policy issued to Plaintiff pertaining to a structure on Plaintiff's property. The structure was later damaged by fire. Plaintiff alleges that he submitted a claim to WMIC, but WMIC delayed paying benefits on the claim. Plaintiff alleges claims for breach of contract and breach of the implied covenant of good faith and fair dealing. The evidence submitted by Defendant establishe...

Excerpt: ...ition there is no proof of service of the opposition and it not clear whether Respondent even served the opposition. In this matter relating to a pending administrative investigation, Petitioner seeks to seal an exhibit in support of Petitioner's pending petition to compel compliance with an investigational subpoena. The petition is set to be heard on November 22, 2022. The subject exhibit is Exhibit 2 to the petition. According to Petitioner, th...

Excerpt: ...action against Rebecca for (1) “Undue Influence; Declaratory Relief‐Invalidate Durable Power of Attorney; (2) Constructive Trust; (3) Financial Elder Abuse; and (4) Breach of Fiduciary Duty. In their answer Defendants asserted each cause of action was barred by the statute of limitations. Plaintiff alleges that she, Rebecca and Deborah Conder are the Decedent's daughters. The Decedent passed away on October 29, 2016. Plaintiff alleges Rebecca...

Excerpt: ... plus interest on the unpaid loan amount. The agreement further provided that Defendant would make minimum payments in accordance with an agreed‐upon payment schedule. The agreement further memorialized Defendant's understanding that he would be in default if, among other things, he failed to make a payment when it was due or failed to comply with any term or condition of the loan agreement. On January 22, 2021, Defendant breached the terms of ...

Excerpt: ...e established rules and regulations of the mobilehome park. Specifically, the petition for injunctive relief alleges causes action against Respondents pursuant to Civil Code section 798.88 of the Mobilehome Residency Law (MRL), which provides that park management may enjoin any person violating a reasonable rule or regulation of a mobilehome park from such violation. “If the court, by clear and convincing evidence, finds the existence of a cont...