Excerpt: ...Kamar Singh (“Singh”) and Kent Hogan (collectively “Plaintiffs” or “Buyer”) are the assignees of two Vacant Land Purchase Agreements (“Purchase Agreements”) and Joint Escrow Instructions. Escrow failed to close on time and Defendants refused to close on the properties and retained the deposits. The First Amended Complaint asserted causes of action for: (1) declaratory relief, (2) promissory estoppel, (3) specific performance, and ...

Excerpt: ...a (“Property”). Defendants failed to pay the rent for November 2019 on or before 11/5/ 2019. Plaintiff served a three day notice to pay or quit on 11/6/2019 (“November Notice”). Defendants failed to comply. Plaintiff served a notice of termination on 11/13/2019 indicating that the lease was terminated and demanded that Defendants vacate the Property (“Termination Notice”). Defendants again refused to comply. On 12/13/2019, Plaintiff s...

Excerpt: ...ers. *** Defendant The Ezralow Company, LLC's (“TEC") demurrer to Plaintiff Taylor Lee's Second Amended Complaint (“SAC”) is ruled upon as follows. I. Overview This is an employment action. Plaintiff was employed with TEC as a property manager. In December 2017 she received a poor performance review which resulted in her being placed on a performance improvement plan. Plaintiff maintains that her work performance improved significantly but ...

Excerpt: ...lure to name an indispensable party. In this case arising out of foreclosure proceedings, plaintiff alleges causes of action for wrongful foreclosure, fraud, Violation of Business & Professions Code section 17200, and quiet title. The demurrer is sustained with leave to amend for failure to state facts sufficient to constitute a cause of action. (CCP § 430.10(e).) The demurrer is also sustained for a defect or misjoinder of parties. CCP 430.10(d...

Excerpt: ...nally under seal, is OVERRULED. Defendants' objections to the Declaration 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 communicatio...

Excerpt: ...tative ruling procedure and the manner to request a hearing. If moving counsel is unable to contact the other parties prior to the hearing, moving counsel is ordered to appear at the hearing in person or by telephone. The motion of Plaintiffs Cosis, LLC; Brenda Barnicle; Brenda M. Codding; Dorothy F. Marshall, Trustee; Kimberly Stewart; and Stephen M. Stewart (collectively “Plaintiffs”) for summary judgment, or in the alternative, summary adj...

Excerpt: ...irety is unopposed and granted. Legal Standard In evaluating a motion for summary judgment or summary adjudication, the Court engages in a three‐step process. First, the Court identifies the issues as 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 (1991) 231 Cal.App.3d 367, 381‐382.) Because a motion for summary judgment/adjudication ...

Excerpt: ...to notify Plaintiff's counsel immediately of the tentative ruling system and to be available at the hearing, in person or by telephone, in the event Plaintiff's counsel appears without following the procedures set forth in Local Rule 1.06(B). Defendants' request for judicial notice is granted. In taking notice of these documents, the Court accepts the fact of their existence, not the truth of their contents. (See Professional Engineers v. Dep't o...

Excerpt: ...9 Azevedo Drive, Apartments 202, in Sacramento (the “Property”). Plaintiffs allege they entered into a lease agreement for the Property on December 29, 2012, at a rate of $679 per month. Efren owned the Property until December 2, 2016, when it sold the Property to defendant Riverglen Apartments, LLC (“Riverglen”). Plaintiffs filed this action on July 19, 2019, alleging causes of action against Efren, and co‐defendant Riverglen, for (1) ...

Excerpt: ...having 802 cannabis plants in excess of the 6 plant limit ($500 x 802) which was upheld after an administrative appeal. Plaintiff's motion for summary judgment was granted which provided that judgment shall be entered in its favor in the amount of $401,000. The final order was entered on January 14, 2020. Plaintiff now seeks recovery of fees and costs in the amount of $56,984.37 as the prevailing party. This consists of $53,342 in attorney's fees...

Excerpt: ...Daniel Krpata's (collectively, “Defendants”) purported failure to pay overtime wages, failure to pay minimum wages, failure to pay reimbursements, failure to provide meal and rest periods, failure to provide accurate wage statements, failure to pay final wages, failure to keep accurate time records, failure to provide sick leave, and violation of Labor Code § 558. Plaintiff further alleged Defendants' policies and practices resulted in unfai...

Excerpt: ..., filed this lawsuit for negligence and dangerous condition of public property based on allegations that he was sexually molested by a teacher's aide in a bathroom at Raymond Case Child Development Center (“School”) during the 2018‐ 2019 school year. As relevant here, Plaintiff alleges that Defendants negligently employed, supervised, and trained the teacher's aide and other unidentified personnel resulting in Plaintiff's molestation and th...

Excerpt: ...igation coordinator shall provide the tentative ruling to plaintiff. Appearance is required on February 7, 2020. Plaintiff shall be available, by COURTCALL, to participate in oral argument on the continuance date. Defendant Dr. V. Penmetcha's (“Dr. Penmetcha”) demurrer to self‐represented plaintiff and inmate Mervin Leroy (“Plaintiff”) is ruled upon as follows. Dr. Penmetcha's request for judicial notice is denied. Dr. Penmetcha request...

Excerpt: ...e complaint is ruled on as follows. Plaintiffs' counsel failed to comply with CRC Rule 3.1110(b)(3)‐(4) and Rule 3.1113(f). This matter was originally noticed for hearing on 12/19/2019 and that any opposition was therefore due no later than 12/6/2019. On 12/12/2019 defendant filed and served a notice that no opposition to this demurrer had been received. Then on 12/13/2019, plaintiffs filed what is labeled “Opposition Response to Defendant's ...

Excerpt: ...0(b) (3)‐(4). The opposition filed by defendant Hinojosa includes a Traffic Collision Report (“TCR”) for the subject accident. TCRs are generally not admissible in court proceedings and their ultimate conclusions about causation are specifically not admissible. (See, e.g., Vehicle Code §20013; Box v. California Date Growers Assn. (1976) 57 Cal.App.3d 266, 270; Carlton v. Department of Motor Vehicles (1988) 203 Cal.App.3d 1428, 1432.) Findi...

Excerpt: ...ules, only limited oral argument is permitted on law and motion matters. *** 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 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 co...

Excerpt: ... non‐profit orthodox Ethiopian church located in Elk Grove. Plaintiff alleges it is managed by a Board of Directors elected by Plaintiff's membership and in order for any action to be taken on behalf of the Board of Directors and Plaintiff, a majority of the Board must approve of or direct the action. (Complaint at ¶¶ 9‐10.) Plaintiff alleges defendants Mulatu and Wodaje have taken certain actions without Board approval, including changing ...

Excerpt: ...Mejia de Sop (collectively, “Plaintiffs”). This action arises from a motor vehicle accident. On January 27, 2018, Plaintiffs were injured when defendant Victor Gray ran a red light and struck their vehicle. At the time of the accident, California Highway Patrol (“CHP”) officers were in pursuit of Mr. Gray for violation of the Vehicle Code. Plaintiffs filed this action on December 31, 2018, alleging three cause of action against Defendants...

Excerpt: ...ive ruling system and to be available at the hearing, in person or by telephone, in the event Plaintiff's counsel appears without following the procedures set forth in Local Rule 1.06(B). To the extent Defendant “objected” to several of Plaintiff's Additional UMFs on the ground they are irrelevant, misstate prior testimony, etc., such objections are overruled because objections are properly directed solely at “evidence.” (See CRC Rules 3....

Excerpt: ...ction Plaintiffs Ashhok Umashankar, Collin Danforth, Luke Danforth, Ethan Morton and Jacob Risch allege numerous causes of action against Defendants for assault, battery, harassment, invasion of privacy, false imprisonment, IIED, trespass to chattel, conversion, private nuisance and interference with contract. Plaintiffs Collin and Morton also allege certain employment related claims for nonpayment of wages and meal and rest period premiums. The ...

Excerpt: ...e Apartments, et al.'s motion to strike portions of plaintiff's complaint is ruled upon as follows. The notice of motion 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 hearing, al...

Excerpt: ...request for judicial notice. Defendant's objections to the Declaration of James Day are overruled. Plaintiff's objections to evidence are overruled, although the objected to evidence was immaterial to this Court's ruling. Plaintiff seeks a writ of possession to recover the following vehicle and two items of heavy equipment: (1) a 2014 GMC Pickup (VIN: 1GD072CG4E1140193) (the “Truck”); (b) a 2003 Caterpillar 420D 4x4 Loader Backhoe (S/N: CAT04...

Excerpt: ...Statement of Evidence filed in support of RN Candalla's Motion for Summary Judgment, or in the alternative, Summary Adjudication. In accordance with the Rules of Court, rule 2.551(b)(4), RN Candalla has lodged Exhibits "6" and "7" to the concurrently filed Statement of Evidence conditionally under seal. This Motion is made upon the ground that a purported overriding confidentiality interest in Plaintiffs medical records exists which overcomes the...

Excerpt: ... quote the actual language objected to. This action arises out of the purchase of real property located at 6951 Middlecoff Way, Sacramento, California (the "Property"). In September 2016, Plaintiff entered into a Real Estate Purchase Agreement to purchase the Property from defendant, Alexis Tillman (seller). Plaintiff alleges that Ms. Tillman concealed from him the fact that the property was encumbered by a special tax lien that arose from a pati...

Excerpt: ...ed. Defendant's Evidentiary Objections are sustained. Plaintiff's Complaint, the operative pleading in this case, filed December 26, 2018, contains one remaining cause of action against RN Candalla for Professional Negligence relating to conduct he alleges occurred at Correctional Health Services when he was an inmate of the Sacramento County Mail Jail from November 21, 2017 to November 22, 2017. Plaintiff asserts that RN Candaila, who served as ...