Excerpt: ...l Rule 1.06(D). Counsel for moving party is directed to contact counsel for opposing party forthwith 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 telephone, in the event opposing party appears without following the procedures set forth in ...

Excerpt: ...rm Mutual Automobile Insurance Company (State Farm Mutual), State Farm Fire and Casualty Company (State Farm Fire), Teresa L. Moon (Moon), Estate of Paula Foster (Estate), and Teresa L. Moon as Executor of the Paula C. Foster Revocable Trust (Moon as Executor) (collectively “Defendants”) to dismiss the action for failure to prosecute is GRANTED in part and DENIED in part. The parties' requests for judicial notice of court documents are GRANTE...

Excerpt: ...shall be available, by COURTCALL, to participate in oral argument on the continuance date. Defendants Mike Marlin's, et al.'s motion to declare Plaintiff a vexatious litigant is ruled upon as follows. Defendants' request for judicial notice is granted. Incarcerated Plaintiff G. Daniel Walker filed the instant action alleging that he suffers from numerous disabilities including mobility, vision and hearing impairment. Plaintiff alleges that he par...

Excerpt: ... 25, 2018. ORAL ARGUMENT WILL TAKE PLACE ON THIS TENTATIVE RULING ON OCTOBER 17, 2018. The Clerk shall fax a copy of the tentative ruling to the litigation coordinator on or before October 11. The litigation coordinator shall then provide the tentative ruling to plaintiff Brian Spears. Appearance is required on October 17, 2018. Plain Brian Spears shall be available, by COURTCALL, to participate in oral argument on the continuance date. In this a...

Excerpt: ...ively sometimes “the Individual Defendants”) to serve further responses to the first sets of requests for admissions and form interrogatories is GRANTED in part and DENIED in part. The Individual Defendants' request for judicial notice of court documents is GRANTED. Procedural Background In the complaint, Dinelli alleges that he, Timms and Baccala each own shares in CoDefendant California Academy of Baseball, Inc. (CAB). Dinelli further alleg...

Excerpt: ...em (collectively “Plaintiffs”). APM was the landlord's property manager. CoDefendant Ding Zhang (Zhang) was the landlord. In the operative fourth amended complaint (4AC), Plaintiffs allege that they occupied the premises with a Section 8 HUD voucher. They allege a toxic mold infestation as well as other violations of housing laws, and they further allege that there were no timely attempts to repair despite their initial complaints. When repai...

Excerpt: ...suit and her prior lawsuit was with American Express. (Quezada Decl. ¶ 1.) She indicates that she was able to resolve her prior lawsuit and based on her experience she believed Plaintiff Bank of America would delay entering default because settlement discussions were underway. (Id. ¶ 2.) She states that unlike her previous case she ran into difficulties communicating with Plaintiff's counsel because they were either unavailable or called while ...

Excerpt: ...he Court considered the opposition filed on September 26, 2018. Trial is set for October 16, 2018. Pursuant to CCP § 2025.450(a), where a deposition notice has been properly served and the party subject to the notice fails to appear or proceed with it, the party serving the notice may move for an order compelling the deponent's attendance and testimony. Defendant originally noticed Plaintiff's deposition for May 10, 2018. Plaintiff's counsel obj...

Excerpt: ... physical and psychological injuries. On August 7, 2018, the Court granted Defendant's Motion to Compel a psychiatric examination of Plaintiff. Defendant's Notice of Motion stated that Defendant was moving under section 2032.010(a) “to have the Plaintiff evaluated by psychiatrist Dr. John Greene.” (Kilduff Decl. Ex. 4) Citing to CCP § 2032.310(b), the Notice further identified the following specific conditions for the examination: • Date/T...

Excerpt: ...n the Park. Defendants seek summary judgment on the basis that they owed no duty to Plaintiff and in any event Plaintiff cannot show causation. In evaluating a motion for summary judgment or summary adjudication the court engages in a three step process. The Court first 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 (...

Excerpt: ...he Pars Oaks Subdivision and contracting with buyers without a valid public report. Plaintiffs allege that Defendants breached their sales contract by failing and refusing to close escrow and that the house at issue was eventually sold to a third party for more than $350,000 more than they were going to buy it for. At issue on this motion and Plaintiffs' two motion to compel Defendants discovery responses also on today's calendar, are Defendant's...

Excerpt: ...Owen, Special Administrator of the Estate of Mark Whisler, is OVERRULED. The court refers to Robert Winger, now deceased, as well as the personal representative of his estate, as “Robert.” Likewise, the court refers to deceased Plaintiff and Cross‐Defendant Mark Whisler dba Whisler Land Company, as well as the Special Administrator of Mr. Whisler's Estate, as “Whisler.” The parties' requests for judicial notice of court documents an...

Excerpt: ...llegedly electrocuted when his tree trimming tool came into contact with a SMUD power line. Plaintiff Francisco Rodriguez, Margarito's son witnessed the incident. Plaintiffs allege causes of action for negligence, premises liability, negligent infliction of emotional distress and loss of consortium. With respect to the loss of consortium claim, it is alleged by Plaintiff Margarito's spouse “Roe 1.” However, as Defendant points out, Margarito'...

Excerpt: ...Protective Order and (4) for Relief from Deposition Time Limit is GRANTED in part, as set forth below. The Court continued Defendant John Sorensen's Motion for Protective Order Terminating his Deposition, or in the Alternative for the Appointment of a Referee is to be heard and determined by the Court concurrently with Plaintiff's motion to (1) Compel Sorensen's further deposition; (2) to Compel further Document Production,(3) for Protective Orde...

Excerpt: ...r Maciora's motion to compel plaintiff's further responses to requests for production of documents is DENIED IN ITS ENTIRETY, as follows. Defendant failed to comply with CRC Rule 2.111(3) and Rule 3.1110(b)(3). This is securities fraud case which was filed on 10/31/2016. No trial date has been set. Defendant in pro per recently served a set of three (3) requests for production on plaintiff, in response to which the latter asserted various objecti...

Excerpt: ...e subpoena, issued on August 25, 2017, calls for the presence and testimony of Ms. Stephanie Reyes, whom Plaintiff identifies as having information and evidence that would support her claims. According to Plaintiff's sworn statement, Ms. Reyes appeared at the hearing as required by the subpoena but refused to be sworn in and testify as a witness. Following Ms. Reyes' refusal to testify, the hearing DLSE hearing officer continued the hearing and d...

Excerpt: ...as served no less than 11 sets of written discovery, which comprises 212 interrogatories, 14 requests for production of documents, and 21 requests for admissions. The special interrogatories at the heart of this motion (67 interrogatories) were served on October 19, 2016. Exactly one year later on October 19, 2017, Mr. Black discovered that Defendant never served responses to the special interrogatories. Mr. Black contacted defense counsel Chris ...

Excerpt: ...ovision of legal advice in investing in a medical marijuana cultivation operation on native lands of two Northern California tribes. Plaintiffs now seek to seal certain portions of the Court's existing public record (i.e., prior complaints, demurrers and oppositions thereto, requests for judicial notice, and motions to stay and documents related thereto). Plaintiffs argue that these records include “extensive discussion of privileged attorney�...

Excerpt: ...n fails to comply with CRC Rule 3.1110(b)(3)‐(4). Factual Background Plaintiff Intelligent Highway Solutions, Inc. (“IHSI”) filed this suit on 9/28/2017, claiming that TCA committed a variety of wrongful conduct in connection with several agreements which were intended to assist IHSI with expanding its business, including but not limited to financing for the acquisition of other assets. IHSI, a Nevada corporation with its principal place of...

Excerpt: ...' premises in Sacramento. Moving defendants previously demurred to the complaint but as a result of the required meet‐and‐confer process, plaintiffs volunteered to amend their complaint prior to the Court's ruling. Pursuant to the Court's 10/31/2017 order, the demurrer was dropped as moot and the amended complaint was to be filed by 11/13/2017. Defendants now seek dismissal of this action against them on the ground that plaintiffs have failed...

Excerpt: ... (Form Interrogatories, Requests for Production of Documents, Requests for Admission, and Special Interrogatories) is denied. This motion is continued to January 4, 2018 at 2:00 p.m. in this department to allow for the in‐custody plaintiff to receive a copy of the tentative ruling. The Clerk shall fax a copy of this minute order to the litigation coordinator, who shall deliver a copy to plaintiff forthwith. An appearance is required by all part...

Excerpt: ...that he fell down in his home, was taken by ambulance to “the Defendants,” and that during his stays at various hospital‐ and skilled nursing‐facilities, he developed multiple pressure ulcers, infections, and experienced malnourishment and dehydration arising from the acts and omissions of various “Defendants,” including but not limited to the Defendant demurring here. The demurring Defendant was substituted in as “Doe 1” on Novem...

Excerpt: ...roduction to Plaintiff, Set One. A request for sanctions shall, in the notice of motion, identify every person, party, and attorney against whom the sanction is sought, and specify the type of sanction sought. CCP 2023.040. The notice of motion does not comply with this section in that it does not specify the type of sanction sought. However, because plaintiff has responded to the requests made for specific sanctions such as terminating, evidence...

Excerpt: ...h Causes of Action, for negligent misrepresentation and breach of contract respectively. Plaintiff alleges that he reached a “tentative agreement” with Defendants wherein he would “be allowed to purchase” a parcel of Defendants' real property (the “Golden Gate Property”) “over a period of months.” (Comp. ¶ 8.) Plaintiff paid $4,000 earnest money into an escrow account with Stewart Title. (Compl. ¶ 9.) The “Beechum Defendants�...

Excerpt: ...ause the motion was not opposed. Although CRC 3.1348(a) purports to authorize sanctions if a motion is unopposed, the Court declines to do so, as the specific statutes governing this discovery (CCP 2030.290(c), 2031.300(c)) authorize sanctions only if the motion was unsuccessfully made or opposed. Any order imposing sanctions under the CRC must conform to the conditions of one or more of the statutes authorizing sanctions. Trans‐Action Commerci...

Excerpt: ...mons has been filed to date. Legal Standard Pursuant to Code of Civil Procedure § 583.210, “the summons and complaint 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(a) (emphasis added).) With respect to a party named in an original complaint, the action is deeme...

Excerpt: ...er Verified Complaint for Damages (“Complaint”), alleging eleven (11) causes of action for: alleged Disability Discrimination, Discrimination Based on Gender, Hostile Work Environment, Failure to Engage in Interactive Process, Failure to Reasonably Accommodate, Failure to Prevent Harassment and Retaliation, Wrongful Termination, Negligent Retention, Assault and Battery, and Intentional Infliction of Emotional Distress. According to the Reply,...

Excerpt: ...This motion is based upon the grounds that Plaintiff is not a resident of the State of California, and that HCD has a reasonable possibility of obtaining judgment in its favor. This motion is based on the provisions of Section 1030 of the California Code of Civil Procedure. CCP 1030 provides that upon a defendant's motion, the trial court is required to order an out‐of‐state plaintiff to file an undertaking to secure recoverable costs and...

Excerpt: ...he merits, and is granted, with leave to amend. Plaintiff alleges claims for assault and battery, among others, arising out of his being tackled and detained by security personnel at a Goodwill store in Redding. The Complaint alleges that "Defendant employers knowingly employed unfit employees with a conscious disregard of the rights and safety of others, and/or performed, ratified or approved" of the security guard's conduct in attac...

Excerpt: ...ossDefendant Sean Hu (Hu) (collectively “Cross‐Defendants”) to dismiss the crosscomplaint on grounds of inconvenient forum is DENIED. Cross‐Defendants' alternative motion for a discretionary stay of the entire action while a parallel federal action proceeds is GRANTED. Overview DBI commenced this landlord/tenant dispute on 9/11/17. DBI is the alleged tenant, and Defendant and Cross‐Complainant CSPC Dophen Corporation (CSPC) is the alleg...

Excerpt: ...equests for admissions deemed admitted is DENIED; monetary sanctions GRANTED. Franock's request for judicial notice of court documents is GRANTED. Plaintiff Shelisa Kay Turner (Turner) did not respond timely to the requests. Franock filed this motion, and Turner did not timely oppose. The court treated the motion as unopposed and on 11/27/17 posted a tentative ruling deeming the requests admitted. Although Turner did not request oral argument...

Excerpt: ... Cities as a subcontractor on the Contra Costa Project, and alleges that the directors and officers of CCMI participated in the diversion of funds. Plaintiff alleges that the defendants, including Janco, knew that monies were owed to Bay Cities, but knowingly consented to the diversion of progress payments from Bay Cities for their own benefit. On Oct. 26, 2017 Janco's counsel served a Notice of Taking Deposition of the Person Most Qualified ...

Excerpt: ..., unopposed joint Motion For Preliminary Approval Of Class Action Settlement is GRANTED. (Code of Civil Procedure § 382, California Rules of Court, Rule 3.769.) The instant coordinated case involves three separate actions: Colvin v. Graphic Packaging International, Inc., Orange County Superior Court, Case No. 2015‐ 00781730‐ CU‐OE‐CXC filed on April 8, 2015 (the "Colvin Action"), Zasonski v. Graphic Packaging International, Inc.,...

Excerpt: ...ULED. Kristi's request for judicial notice is GRANTED. Plaintiffs' request for judicial notice is GRANTED. Overview This case presents a business dispute among investors and would‐be filmmakers. The plaintiffs are Paul Counts (Counts), Scott Bennett, Kristen Counts and Unbelievers Movie, LLC, a Washington limited liability company (UM LLC) (collectively “Plaintiffs”). The defendants are Kristi, Trevor Smith and Usherance Studios, LLC, a Cal...

Excerpt: ...f and the imminent trial date, reluctantly GRANTED but to afford defendants an opportunity to challenge the sufficiency of the new cause of action, to conduct discovery on the new cause of action and/or to file dispositive motions, the current trial date of 1/16/2018 is VACATED, as follows. Opposing counsel failed to comply with CRC Rule 3.1110(b)(4). This action filed in 2016 arises out of plaintiff's personal injury in 2015. Trial is currently ...

Excerpt: ... involving a motor vehicle accident. On December 3, 2014, Mr. Kitay was temporarily suspended from practicing law, and Plaintiffs retained a new attorney ‐ defendant Lora Grevious (“Ms. Grevious”) ‐ who substituted into Plaintiffs' case shortly thereafter. (UMF nos. 5, 6, 7.) On December 30, 2014, Plaintiffs moved to continue the trial date, and the motion was granted. (UMF nos. 8, 9.) On May 19, 2015, the Court issued a tentative ruling ...

Excerpt: ...the Pleadings is DENIED in part and GRANTED with leave to amend in part. In May 2004, Plaintiffs Brian T. Maley and Terese Weber‐Maley (together, “Plaintiffs”) executed a promissory note (“Note”) in favor of Wells Fargo in the amount of $343,200 secured by a deed of trust (“DOT”) recorded against the property located at 181 Briggs Ranch Drive, Folsom California (the “Property”). (Compl. ¶9, Ex. 1.) In March 2016, the DOT was as...

Excerpt: ...o complaint on or before 2/3/2018. Plaintiff contends that its complaint states facts sufficient constitute a cause of action against defendant and that defendant's answer fails to state facts sufficient to constitute a defense to the complaint. The Court agrees. The complaint states facts sufficient to establish that defendant is indebted to plaintiff. However, the answer filed by defendant on 10/27/2017 fails to sufficiently deny any of the com...