Excerpt: ...ent to constitute a cause of action. This action arises from a dispute between plaintiff and the SVMA over plaintiff's claimed priority in the selection of exhibits spaces at the annual Sacramento Boat Show. The SVMA is a non profit mutual benefit member organization that promotes the interests of its members. SVMA hosts the Boat Show where members of the boating industry can present their products to consumers and other members of the industry. ...

Excerpt: ...f Angelina Zeiher alleges that in July 2016 she purchased a 2016 Mini Cooper Clubman. During the warranty period, the vehicle contained or developed a number of defects. Plaintiff alleges that Defendants are “engaged in the design, manufacture, construction, assembly, marketing, sale, and distribution of automobiles, motor vehicles and other related components and services in Sacramento County.” Plaintiff purchased the vehicle from non‐part...

Excerpt: ...Wohl Declaration, Ex. C. Plaintiff's objections on reply are OVERRULED. In its discretion, the Court has considered the evidence submitted by Defendant on reply. Plaintiff's opposition raised multiple issues regarding breach, waiver, and unconscionability that were not discussed in the moving papers. Accordingly, Defendant may provide evidence on reply to respond to the new issues raised by Plaintiff in opposition. Overview Plaintiff Brian R. Mue...

Excerpt: ...��Engine Defects”), Plaintiffs seek to compel Defendant to provide full and complete responses to certain requests for production. Requests Nos. 1, 9, 16, 18, 20‐23, 35, 57, and 70‐73 relate to Defendant's investigation and analysis regarding the defects. Requests Nos. 7, 30, 37‐40, 44, and 52 relate to Defendant's warranty and repurchase policies. Defendant interposed numerous objections to the requests for production, including objectio...

Excerpt: ... production Nos. 2, 5, 7‐11, 17, 20‐22, 24, 32, 36, 37, 40, 41, 47, 48, 50, 52, 53, 55, 56‐59, 62, 63, 65, and 70‐73. The Court ordered Defendant to provide further responses and to produce responsive documents by December 2, 2019. Plaintiffs first argue that Defendant has not served code‐compliant further responses. Plaintiffs argue that the further responses actually only demonstrate compliance in part because the further responses re...

Excerpt: ...g on Plaintiff's third motion to compel compliance ordering Defendant to “serve written, Codecompliant responses to RFPs 19, 22, 23, 26, 28, 31, 32, 35, 76, 79, 89, and 91, without objections, and shall produce all documents in Defendant's possession, custody, or control that are responsive thereto” on or before November 27, 2019. The Court also indicated that the previously‐ordered $500‐per‐day prospective monetary sanctions would rema...

Excerpt: ... waives any objection that notice was not proper. (Bohn v. Bohn (1913) 164 Cal. 532; Carlton v. Quint (2000) 77 Cal.App.4th 690, 696‐698.) Here, A. Vrame was able to oppose the motion on its merits and has raised no argument that the insufficient service was prejudicial to him in preparing his opposition. Thus, the Court has jurisdiction to consider the motion on its merits. Overview This action was commenced in October 2016 and the complaint p...

Excerpt: ...ant Cobalt Real Estate Brokers Inc. (“Cobalt”) is GRANTED IN PART AND DENIED IN PART, WITHOUT PREJUDICE. Riverland and Cobalt filed separate Oppositions to the instant motion. Plaintiffs filed a Reply to each Opposition. No separate evidentiary objections were filed. Background Plaintiffs filed a Complaint ‐ on behalf of themselves individually and on behalf of others similarly situated ‐ against Riverland and Cobalt, alleging that these ...

Excerpt: ...d declaration was filed and the Court therefore presumes that the parties were unable to resolve the issues raised by the demurrer. In this action, Plaintiff alleges that his home was damaged in a fire and that he engaged Defendant, who is engaged in fire restoration and recovery services, to create a loss inventory of damaged property for the purpose of reporting the loss and creating a claim with Plaintiff's insurance company. (Comp. ¶¶ 6‐8...

Excerpt: ...2 is SUSTAINED to the extent it improperly summarizes the content in the Wohl Declaration, Ex. C. Plaintiff's objections on reply are OVERRULED. In its discretion, the Court has considered the evidence submitted by Defendant on reply. Plaintiff's opposition raised multiple issues regarding breach, waiver, and unconscionability that were not discussed in the moving papers. Accordingly, Defendant may provide evidence on reply to respond to the new ...

Excerpt: ...y at a trustee sale. Bakey should have received a trustee's deed to the property following the trustee's sale, but learned on September 27, 2017 that Zarate and Defendant Maria Camacho had recorded a grant deed four days prior to the trustee's sale which purported to convey the property to Defendants Robert Sedlar and Steven Rogers. On September 28, 2017, Bakey filed the instant litigation seeking to, inter alia, quiet title to the property. Zara...

Excerpt: ...ations in Plaintiff's complaint, as well as language related to Plaintiff's UCL claims. The Court rules as follows. The notice of motion does not provide notice of the Court's tentative ruling system, as required by Local Rule 1.06(A). Defendants' counsel is directed to contact Plaintiff's counsel forthwith and advise counsel of Local Rule 1.06 and the Court's tentative ruling procedure. If Defendants' counsel is unable to contact Plaintiff's cou...

Excerpt: ...inancing of a used 2008 Suzuki XL7 from Car Hop in July 2016. Plaintiff signed a Motor Vehicle Retail Installment Contract (“RISC”) with Car Hop, which Car Hop then assigned to UAC. (Complaint ¶¶ 3, 4, 9, 13, Exh. A; Griffin Car Hop Decl. ¶ 3, Exh. A.) Plaintiff filed her complaint on July 11, 2019 alleging claims for fraud, intentional misrepresentation, concealment, breach of contract, and breach of good faith and fair dealing. Plaintiff...

Excerpt: ...arises from Plaintiff's employment with Defendant, a franchisee of Mod Pizza restaurants in the Sacramento Valley region. Plaintiff was employed by Defendant from mid‐2017 until after the commencement of this action. Plaintiff filed this action on June 26, 2019, alleging wage and hour violations against Defendant on a class wide basis. (ROA 1.) Defendant was served on July 15, 2019. (ROA 14.) Defendant terminated Plaintiff's employment on July ...

Excerpt: ...dress in its notice of motion. The correct address for Department 53 of the Sacramento County Superior Court is 813 6th Street, Sacramento, California 95814. Plaintiffs shall notify Defendants immediately. On June 12, 2018, Plaintiff Araz Parseghian (“Parseghiah”) filed a class action complaint against defendant HomeStreet Bank (“Defendant”) in the Superior Court for the State of California, County of Alameda, entitled Araz Parseghian, in...

Excerpt: ... July 29, 2013, and May 15, 2015. In the first accident, which occurred on July 29, 2013, Gurpreet Sidhu and his wife, Plaintiff, were rear‐ended by Ms. Nishimura. In the second accident, which occurred on May 15, 2015, Plaintiff, her husband, and their son were hit by a tractor‐trailer driven by defendant Juan Antonio Castaneda (“Mr. Castaneda”) while in the course and scope of his employment with defendant Fast Lane Transportation, Inc....

Excerpt: ...t 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 is a personal injury action arising from a motor vehicle accident in February 2017. Plaintiff alleges she was at the time a passenger in a car driven by defendant Dockery, a driver for defendant Lyft who rear‐ended another car at a high rate of speed. Plain...

Excerpt: ...submitted by Mahan to CARB seeking records related to what he refers to as the Volkswagen TDI emissions scandal. When CARB failed to produce the requested records immediately, Mahan filed the present action seeking a writ of mandate commanding CARB to comply with his request. The Court has issued numerous orders over the long course of this case. On September 1, 2017, it issued what it thought would be its final order. The final order explains th...

Excerpt: ...ento, California (the “Real Property”). The following provides background facts relevant to this instant motion. In late 2005, Defendant and his then wife, Anita Korbelik, discussed retaining the law firm of Drobny Law Offices, Inc. (“Drobny Law”) to represent them with regard to preparing an estate plan. On November 23, 2005, Drobny Law mailed a letter to Defendant and Mrs. Korbelik, titled “Waiver of Potential Conflict of Interest/Fee...

Excerpt: ... and advise him/her of Local Rule 1.06 and the Court's tentative ruling procedure and the manner to request a hearing, along with the correct address for Dept. 53/54. If moving counsel is unable to contact opposing counsel prior to hearing, moving counsel is ordered to appear at the hearing in person or by telephone. Moving counsel failed to comply with CRC Rule 3.1110(b)(3)‐(4). According to the moving papers, plaintiffs and defendant settled ...

Excerpt: ...for violation of Civil Code section 2941 [Certificate of discharge; Request for full reconveyance; Damages for violations; Fee for services connected with reconveyance]. Cross‐defendant contends that the cause of action for violation of Civil Code Section 2941 arises out of her litigation conduct in representing HSBC Bank USA and in filing the Complaint for quiet title on behalf of HSBC Bank USA. Hamilton contends this litigation activity is co...

Excerpt: ...ion on the motion. Overview The Complaint alleges a single cause of action for fraud against Defendants arising from litigation filed in 2003 by the Sacramento Metropolitan Air Quality District (the “District”) against Jerome H. Sprague in his individual and representative capacities and the Jerome H. Sprague Family Revocable Trust (the “Trust”). The 2003 litigation concerned violations of regulations governing the removal of asbestos con...

Excerpt: ...sustained as to Nos. 1‐3, Overruled as to No. 4. Defendant's Evidentiary objections to the Alex Reyter are sustained. Defendant's Evidentiary objections to the Corey Travis are sustained as to No. 1, No. 2 as to (a) ‐ (d). overruled as to 2(e). Overruled as to No. 3. At the outset, no party contests that a real property claim is presented here. A brief overview of the salient legal authority is perhaps appropriate as a backdrop to the Court's...

Excerpt: ...ty, Oregon; (b) to waive any challenge to the Oregon court's jurisdiction; (c) to waive any applicable statute of limitation in Oregon; (d) to be bound by and to satisfy any judgment rendered by the Oregon court; and (e) make documents in their possession and witnesses available in Oregon, at their expense. I. Overview This is a wrongful death action arising from an automobile accident that occurred in Jackson County, Oregon on 7/24/2019. Plainti...

Excerpt: ...on of Sarah Fritz, submitted on reply, are OVERRULED. The Court finds that the Fritz Declaration, submitted on reply, is responsive to Ms. White's assertions in her declaration, submitted in opposition, that Ms. White and Ms. Fritz did not have any confidential communications. It is further responsive to the implication inherent in Ms. White's declaration that the communications attached as an exhibit were wholly representative of Ms. White and M...