Excerpt: ...in's funding obligations under the settlement agreement. The motion is GRANTED. This matter was initially heard on July 29, 2020, but was continued for additional briefing to be submitted regarding the impact of Defendants PSE and EVO entering into bankruptcy. The parties executed a settlement agreement on August 2, 2019. (Kislik Decl. ¶ 2, Exh. A.) The terms of the settlement provide, inter alia, that Defendant Shafeel Hussein will record a dee...

Excerpt: ... 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 the clerk t...

Excerpt: ...e Required” 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 messag...

Excerpt: ...red” 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 ad...

Excerpt: ...nator shall provide the tentative ruling to Plaintiff within 48 hours of receiving it. The Litigation Coordinator shall make Plaintiff available, by COURTCALL, at 9:00 a.m. on August 25, 2020, to participate in oral argument. Oral argument on this matter was originally heard on 3/16/2020. The original tentative ruling overruled Defendant Alexander Asterlin's demurrer to pro per Plaintiff Shaun Smith's first amended complaint (“FAC”). Defendan...

Excerpt: ...xaminations of disability claimants under the Social Security Act. Plaintiff filed his Complaint on May 4, 2018, alleging causes of action for injunctive relief, alternative writ of mandate, declaratory relief, and damages for a breach of implied in fact contract against DSS. DSS demurred to the Complaint in June 2017. Plaintiff opposed the demurrer and filed an ex parte application for a temporary restraining order (“TRO”). The two matters w...

Excerpt: ...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 the clerk that ...

Excerpt: ...lows. Overview This is a personal injury (premises liability) action arising out of Plaintiff Irma Guzman's (“Guzman”) allegation that she was injured after slipping and falling on fresh/wet cement in a common area outside of her employer SEIU's third‐floor office space at 1401 21st Street, Sacramento, CA (the “Building”). Plaintiffs' Complaint alleges a premises liability cause of action against 1401 as the “owner[] . . . maintainer[...

Excerpt: ... and Account Stated, both arising out of unpaid debt related to a credit card account. FACTS Plaintiff presents the following facts in its separate statement: Defendant Mary Bondar (“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 3002 on June 4, 2014 (the "Account"). (See Plaintiff's Separate Statement of Undisputed Material Fa...

Excerpt: ...count and Account Stated, both arising out of unpaid debt related to a credit card account. FACTS Plaintiff presents the following facts in its separate statement: Defendant Matthew Kornblue (“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 3004 on February 10, 2004 (the "Account"). (See Plaintiff's Separate Statement of Undispu...

Excerpt: ...good faith and fair dealing. Specifically, Plaintiff alleges that he had an automobile insurance policy with Defendants with Underinsured Motorist coverage with limits of $100,000/$300,000 liability coverage. Plaintiff alleges that July 22, 2009, he was involved in a motor vehicle accident that resulted in severe injuries and damages in excess of the driver's policy limits. Plaintiff alleges Defendant "failed to properly and in good faith adjust ...

Excerpt: ...in large scale public and private civil construction projects throughout the country. (FAC ¶ 15.) At all times relevant, Myers was and is Plaintiff's General Partner. (FAC ¶ 16; Myers Decl. ¶¶ 4, 6‐7.) In 2011, Myers approached Defendant Sterling Construction Company, Inc. (“Defendant”) regarding a business arrangement in which Defendant would purchase a limited partnership interest in Plaintiff. (Myers sought out Defendant as a limited...

Excerpt: ...rs. 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 the cle...

Excerpt: ... Inc.'s demurrer to the complaint is ruled upon as follows. Both moving and opposing counsel failed to comply with CRC Rule 3.1110(b)(3)‐(4). Factual Background Plaintiffs allege that defendant sent them a total of at least 103 unsolicited commercial email advertisements in violation of Business & Professions Code §17529.5 and more specifically, subdivision (a)(2). This statute provides in pertinent part: (a) It is unlawful for any person or e...

Excerpt: ...lpractice action. Plaintiff alleges that Defendants represented her in the underlying personal injury action (“Underlying Action”) against the City of Sacramento (“City”). Plaintiff was hit by a car while crossing an intersection. As a result of the accident, Plaintiff suffered fractures to her skull, nose, cheekbones, and the back of her neck. Plaintiff also suffered internal bleeding in the brain, is now partially blind, and suffered pe...

Excerpt: ...ons]. This will also apply to “Appearance Required” 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 r...

Excerpt: ...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 the clerk that it has notified the opposi...

Excerpt: ...�). Petitioner entered a direct contract with Respondent, a general contractor, for the construction of improvements at the Subject Property. Bank of the West was the construction lender for the improvements. Respondent had actual knowledge of Bank of the West's role as lender. Respondent acknowledges it did not send a single‐page document entitled preliminary notice to Bank of the West, but contends that Bank of the West had actual notice of t...

Excerpt: ...he 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 the clerk th...

Excerpt: ... production of documents pursuant to a subpoeana and, alternatively, as a petition for inspection of records under Penal Code § 1203.05. The Court first considers HMC's application in its nature as a petition under Pen. Code § 1203.05. Notably, HMC contends the documents sought are not actually subject to Pen. Code § 1203.05 and characterizes this application as a petition only because the Probation Dept. has stated its belief that the documen...

Excerpt: ...nce Required” 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 mess...

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 ...

Excerpt: ...Appearance Required” 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 voi...

Excerpt: ... 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 the clerk that it has notified th...

Excerpt: ... (“Coloma”) sold plaintiff the subject battery which is alleged to have been “manufactured and distributed by the LG Defendants,” with the latter term defined to include defendant LGC and defendant LG Chem America, Inc. (“LGCAI”). The complaint asserts various product liability claims, misrepresentation and statutory violations. Moving Papers. Defendant LGC moves to quash plaintiff's service of summons on the ground that latter cannot...