Excerpt: ...ow of Gary Cannon (the “Decedent”) alleged that the medical treatment administered to the Decedent by numerous Defendants including Defendant David Smith, M.D., resulted in the Decedent's death. By way of the instant motion, Defendant seeks to compel Plaintiff to provide responses to Special Interrogatories, Set Six, Nos. 78-89 and Requests for Production of Documents, Set Four, Nos. 38-40 that seek information regarding Plaintiff's income an...

Excerpt: ...Ins. Fund (1997) 54 Cal.App.4th 216, 219; Nordlinger v. Lynch (1990) 225 Cal.App.3d 1259, 1271.) A demurrer “tests the pleadings alone and not the evidence or other extrinsic matters.” (SKF Farms v. Superior Court (1984) 153 Cal.App.3d 902, 905.) “If the complaint states a cause of action under any theory, regardless of the title under which the factual basis for relief is stated, that aspect of the complaint is good against demurrer." (Que...

Excerpt: ...in part, and denied, in part. The Court declines to rule on Defendants' objections as they were immaterial to the determination of this motion. Background This action involves a challenge by various Plaintiffs to regulations adopted by OSFM establishing certification requirements for persons to become “Certified Fire Sprinkler Fitters” for the installation of water-based fire protection systems (the “Regulations”). The Legislature authori...

Excerpt: ...es out of plaintiff's employment as a “porter” with UBM. Hired in May 2017, plaintiff generally alleges she was discriminated against on account of her disability and retaliated against for “whistleblowing,” ultimately being “wrongfully discharged” in April 2021. Her complaint purports to assert against UBM and other individuals associated with UBM causes of action for discrimination, failure to prevent discrimination, failure to enga...

Excerpt: ...y” that is cited. Defendant Morton Gold LLC's (“Defendant”) motion for summary judgment or, alternatively, summary adjudication, is GRANTED as follows. The Court notes that Plaintiff's opposition brief requests the Court to disregard the documents submitted by Defendant in its request for judicial notice, which consist of prior complaints filed by Plaintiff in unrelated cases. The Court has not considered this evidence in its ruling, and th...

Excerpt: ...for and was issued a credit card by Plaintiff pursuant to a written agreement. Under the terms of the agreement, Defendant agreed that use of the credit card constituted acceptance of the agreement. The agreement obligated Plaintiff to pay vendors for charges made by Defendant, and for Defendant to periodically repay Plaintiff the amount paid to the vendors plus interest as it accrued. Defendant made charges on the account and Plaintiff complied ...

Excerpt: ...which of moving defendant's 14 Undisputed Material Facts will be addressed at the hearing and the parties should be prepared to point to specific evidence which is claimed to show the existence or non-existence of a triable issue of material fact. *** Moving counsel failed to comply with CRC Rule 3.1350(g), which requires a single volume of evidence (including declarations) with a table of contents when the evidence exceeds 25 pages. Factual Back...

Excerpt: ...rocedural History This action concerns Plaintiff's medical records regarding his placement on a 5150 hold in November of 2016 after he presented at the UC Davis Medical Center emergency department complaining of heart palpitations. This is the second of three actions that Plaintiff has filed against Defendant. In the first action (Sacramento County Court Case No. 34-2019-00267042), Plaintiff alleged, inter alia, that he was falsely imprisoned by ...

Excerpt: ...ng counsel prior to hearing, moving counsel is ordered to appear at the hearing by Zoom. Defendant Nissan North America, Inc.'s (“Defendant”) motion to compel arbitration and stay proceedings is DENIED as follows. Background Plaintiff Juana E. Gonzalez (“Plaintiff”) filed this lemon law action on March 2, 2020 and alleged five causes of action under the Song-Beverly Act, one cause of action under the federal Magnuson-Moss Warranty Act, an...

Excerpt: ...e 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. Plaintiffs filed the underlying complaint in this case on January 10, 2022 against Defendants ...

Excerpt: ...posing 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. Plaintiffs' counsel failed to comply with CRC Rule 3.1113(f), requiring that memorandum of points & authorities which exceeds 10 pages include a table of contents and ...

Excerpt: ...ROPPED from calendar due to defective service of notice which deprives the Court of jurisdiction to consider this matter. (Lee v. Placer Title Co. (1994) 28 Cal.App.4th 503, 509-511.) Plaintiff's notice of application 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. (Provided that plaintiff file at or before the hearing on this application pro...

Excerpt: ...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. *** Factual Background This action arises out of a 2016 transaction whereby plaintiffs sold a residential care facility to defendants. Plaintiffs generally allege that defendants have breached the contract and engaged in other wrongful conduct...

Excerpt: ...request for admissions to Defendant Keisha Myers were deemed admitted on December 9, 2020. When the moving party is the plaintiff, there is only one ground for a motion for judgment on the pleadings: "the complaint states facts sufficient to constitute a cause or causes of action against the defendant and the answer does not state facts sufficient to constitute a defense to the complaint." (C.C.P. 438(c)(1)(A).) The grounds for the motion shall a...

Excerpt: ...l (833) 568-8864 and enter the Zoom ID: 16146506749. Defendants J. Lynch and A. Swinney, Jr.'s (collectively, “Defendants”) demurrer to incarcerated plaintiff in pro per Allen Hammler's (“Plaintiff”) Complaint is UNOPPOSED and SUSTAINED with leave to amend. The 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 Plaintiff and advise him of L...

Excerpt: ...n for Judgment on the Pleadings, Order Granting Defendants' Motion for Judgment on the Pleadings, and Judgment of Dismissal in the matter of Ghulam v. Aalemkhiel et al., Sacramento Superior Court Case No. 34-2016- 00199650 is unopposed and granted. Factual and Procedural Background In 2016, Plaintiff filed a Complaint against Defendant in the matter of Ghulam v. Aalemkhiel et al., Sacramento Superior Court Case No. 34-2016-00199650 (the “Prior ...

Excerpt: ...vehicle. Kia also agreed to pay Plaintiff's attorney fees, costs and expenses pursuant to Civil Code § 1794(d). Plaintiff seeks $295,874.92 which represents: (1) $165,739 in fees for Strategic Legal Practices, APC (“SLP”); (2) $17,355 in fees for California Consumer Attorneys (“CCA”); (3) a 1.35 multiplier enhancement in the amount of $64,075.90; (4) $45,225.02 in costs and expenses; and (4) $3,500 in fees for reviewing the opposition, d...

Excerpt: ...st set of Special Interrogatories, numbers 1 and 2, is ruled upon as follows. Angel filed separate motions for each set of discovery, which is preferred by the Court, but the Court will address both motions herein. The Court also notes Angel filed the same points and authorities for both motions, while Polaris filed an omnibus opposition brief to both motions. Angel has indicated the incorrect address in its notice of motion. The correct address ...

Excerpt: ...ises from the chiropractic care and treatment provided by Plaintiff by Defendant at The Joint Chiropractic's Natomas location on January 5, 2022. Plaintiff alleges she sustained injuries during the chiropractic treatment. Defendant moves for summary judgment on the grounds: (1) Defendant did not breach the applicable standard of care regarding Plaintiff; and (2) did not, to a reasonable degree of medical probability, proximately cause or contribu...

Excerpt: ...dant as Mami Group, Inc. dba MGI Motors. Factual and Procedural Background This action involves the purchase and sale of a used vehicle. Plaintiff Nicholas Tinney (“Plaintiff”) filed his Complaint on March 17, 2022, alleging the following five causes of action: (1) intentional misrepresentation; (2) negligent misrepresentation; (3) violation of Business & Professions Code § 17200; (4) bond claim; and (5) violation of the Consumer Legal Remed...

Excerpt: ...laintiff alleges causes of action for excessive force, false arrest, violation of the Bane Act in Civil Code § 51.7, assault and battery, and negligence. The complaint arises from an interaction between Plaintiff and Mullin and Wright on March 10, 2020 when Plaintiff was celebrating his birthday with a friend at a restaurant. Plaintiff alleges the deputies were looking for a fugitive who was 20 years older, seven inches taller and fifty pounds l...

Excerpt: ...015.5. However, Plaintiff's counsel submitted what appear to be corrected versions of the declarations on February 6, 2023. In any event, the Court need not rule on any evidentiary objections in this discovery motion. The objected to declarations simply set forth Plaintiff's contentions regarding meet and confer efforts or lack thereof, and as seen below none of that is material to ultimate outcome of this motion. In this employment action Plaint...

Excerpt: ...rm the same award which Simple Foods seeks to vacate. The dispute between the parties arose from shipments of 65 containers of walnuts and almonds from Mariani to Simple Foods during 2017 and 2018. Simple Foods contended that 14 containers had mold and other problems, 29 containers were shipped late and 10 were not shipped. (Altman Decl. ¶ 4.) After the parties could not resolve their differences, they agreed to arbitrate before the Dried Fruit ...

Excerpt: ...mmary judgment. In its June 1, 2022 tentative ruling, the Court noted that “[o]n May 18, 2022, the Court initially issued a tentative ruling indicating that the motion was moot on the basis that Plaintiff Gregory Smith, M.D., Inc. has dismissed its claims on February 25, 2022. However, as pointed out by Defendants' counsel, the dismissal was filed by Plaintiff Gregory Smith, M.D. an individual. The Court therefore continued the matter to today'...

Excerpt: ...IED as follows. This action was initiated on January 12, 2021 by Petitioner City of Citrus Heights (“Petitioner”) by the filing of a petition for an order to abate and appointment of receiver pursuant to Health and Safety Code section 17980.7. Petitioners presented evidence that a residential property owned by Respondent was in substandard condition and had been the subject of several complaints related to large accumulations of trash and deb...