Excerpt: ...be ejected from his seat and hit his head on a metal bar. Plaintiff asserts that he now suffers from orthopedic and neurological injuries, including a traumatic brain injury and cognitive deficits. On December 8, 2022, the Court ordered plaintiff to undergo a Mental Examination on February 20, 2023. (ROA 87) The Trial Date is set for May 8, 2023. Defendant's motion is brought pursuant to Code of Civil Procedure Section 2025.610 on the ground that...

Excerpt: ...n secured by real property of Ms. Rigor's deceased mother. Ultimately Plaintiff has filed a second amended complaint for “quiet title” in July 2022. The verified SAC, is not entirely clear and appears to assert numerous causes of action apart from quiet title. The only cause of action in which SMRCOA appears to be named is in the untitled second cause of action in which Plaintiff alleges that SMRCOA was “guilty of Title, Chapter 1 of the Un...

Excerpt: ... a cause of action. Defendants Request for Judicial Notice of Plaintiff's Government Claim is granted. Background This action arises from the State's fire cleanup activities following the Camp Fire, including contracts entered into with private companies to assist with the cleanup. The 4AC alleges the State awarded fire clean‐up contracts to three prime contractors. One of the three primes, ECC Contractors LLC ("ECC"), entered into a subcontrac...

Excerpt: ...hat Defendant did not receive the opposition in time to file a reply. Defendant filed a "non‐opposition" on January 25, 2023, stating that while the docket reflected the opposition it could not view it. However, given the nature of the Court's ruling, the Court will address the matter on the merits at this time. Any reply would not have altered the analysis. The SAC is actually Plaintiff's first amendment to his original complaint. The Court wi...

Excerpt: ...f alleges three causes of action for breach of warranty under the Song‐Beverly Consumer Warranty Act and that the Subject Vehicle developed defects and Defendant failed to conform the Subject Vehicle to the express and implied warranties. (Complaint ¶¶ 8, 10, 24.) When Plaintiff purchased the Subject Vehicle on June 23, 2017, she entered into a Retail Installment Sale Contract Simple Finance Charge (With Arbitration Provision) (the “RISC”...

Excerpt: ....1110(f) facilitates the Court easily finding the cited evidence. This action arises from a rear‐end automobile accident Plaintiff Kendra Brand (“Plaintiff”) was involved in on April 27, 2016, and Plaintiff's underinsured motorist coverage (“UIM”) with a limit of $30,000 under the Century‐National insurance policy at issue. Plaintiff settled with the at‐fault driver in July of 2017, and subsequently initiated a UIM claim with Centur...

Excerpt: ... involving a stolen fire engine (“Engine 111”). In support of the motion, the District asserts the following undisputed material facts (“UMF”). The District purchased Engine 111 to fulfill the District's purpose in protecting the public from fires as safely and efficiently as possible. (UMF No. 4.) The District deliberately purchased Engine 111 with a keyless push‐start engine. (UMF Nos. 2‐3.) On July 14, 2018, the District used Engin...

Excerpt: ...s allege numerous defendants caused the Decedent to be exposed to asbestos containing products resulting in the Decedent developing lung cancer. Hennessy is alleged to be one of the entities responsible for numerous automotive products that the Decedent was exposed to, including AAMCO brake service equipment. Hennessy requests summary adjudication of Plaintiff's claim for punitive damages on grounds Plaintiffs have no evidence that Hennessy engag...

Excerpt: ...r counsel. Prior to the initial due date for Defendant's responses, Plaintiff's prior counsel agreed to extend Defendant's deadline to March 1, 2022. On February 28, 2022, Defendant's counsel, Kelly Savage Day, was contacted by attorney Douglas E. Watts, who stated that Plaintiff's counsel at the time, Dean Royer, was shuttering his practice and would be withdrawing from the case. Mr. Watts indicated that he may be taking over as Plaintiff's coun...

Excerpt: ...020, Plaintiffs and Defendant entered an agreement in which Connect agreed to utilize Plaintiffs' connections in the public and private health sectors to assist Defendants in obtaining contracts for the distribution of personal protective equipment in exchange for compensation based on a sharing of revenues. (Complaint, ¶¶ 14, 18‐19.) Plaintiffs allege they performed services in reliance on that agreement. (Complaint, ¶¶ 15‐17, 20 ‐21, ...

Excerpt: ... 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. *** Defendant Wells Fargo Bank, N.A.'s (“Defendant” or “Wells Fargo”) motion for summary judgment is ruled upon as follows. I. Overview This is a wrongful death action. Plaintiffs Diane Abraham and John Abraham (collectively “Plaintiffs”) are the parents of decedent Deniece Abraham (�...

Excerpt: ... meeting and conferring via telephone. (Diepenbrock Dec., ¶¶ 3‐5; Schumaker Dec., ¶¶ 3‐5.) BACKGROUND This case involves a taxpayer challenge to the District's use of a lease‐leaseback agreement. Plaintiff filed a complaint on June 17, 2022, alleging the following causes of action: (1) reverse validation pursuant to CCP section 863, (2) taxpayer action to prevent illegal expenditure of funds pursuant to CCP section 526(A), (3) recovery ...

Excerpt: ...he notice of motion incorrectly references modifications to Local Rule 1.06, applicable only to motions pending before the Presiding Judge in Department 47. Moving counsel is directed to contact opposing counsel/party and advise him/her of Local Rule 1.06 and the Court's tentative ruling procedure and the manner to request a hearing. Defendants' Requests for Judicial Notice (“RJN”) of certain filings in this action and in the action Janet Rob...

Excerpt: ...nted Plaintiff's unopposed motion to deem matters admitted. Plaintiff now moves for judgment on the pleadings based on these admissions. Specifically, that Defendant admits he had a credit card account issued by Plaintiff; he received periodic statements regarding the account; as of February 2, 2022, the balance owed on the account was $8,656.25; no payments have been made on the account since February 2, 2022; the last payment made on the accoun...

Excerpt: ...e with the Court's suggestion, but defense counsel has refused to stipulate. (See Decl. of Thomas A. Reya ISO Mot. ¶ 5.) In their reply, they provide the following additional information about the appropriateness of a discovery referee in this action. The record since plaintiffs filed their opening motion has only underscored the appropriateness of a discovery referee in this matter. Defendants have refused to proceed with any of the PMQ documen...

Excerpt: ... 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. The parties' requests for judicial notice are both unopposed and granted. Background Plaintiff Raphael Hernandez (“Plaintif...

Excerpt: ...ule 1.06 and the Court's tentative ruling procedure and the manner to request a hearing. Moving Party failed to comply with California Rules of Court rule 3.1110(f)(3) which requires that each paper exhibit be separated by a hard 8 ½” x 11” sheet with hard paper or plastic tabs extending below the bottom of the page, bearing the exhibit designation. Moving Party has failed to comply with California Rules of Court, rule 3.1350(g), which requi...

Excerpt: ...l at the time of the request which of moving Defendants' 6 separate issues for summary adjudication, which of moving Defendants' 101 Undisputed Material Facts, which of Plaintiff's 66 Additional Material Facts, and/or which of Defendants' 70 objections to evidence will be addressed at the hearing. The parties should be prepared to point to specific admissible evidence already in the record which is claimed to show the existence or non‐existence...

Excerpt: ...amendment of deemed admissions to Plaintiff State Farm Mutual Automobile Insurance Company's (“Plaintiff”) Requests for Admission, set one (“RFAs”) is GRANTED as follows. Factual Background This is a subrogation action involving a December 4, 2019 motor vehicle accident during which the vehicle driven by Defendant struck Plaintiff's insured's vehicle. Defendant asserts that as he was entering onto eastbound US‐50, his vehicle was hit by...

Excerpt: ...s tentative ruling system, as required by Local Rule 1.06. The address identified for Department 53 is incorrect. Moving counsel shall immediately notify opposing counsel of the correct location for the hearing, the Court's tentative ruling procedure, the manner to request a hearing, and the correct address for Department 53 (813 6th Street, Sacramento, CA 95814). Factual and Procedural Background Plaintiff Mark Pierson (“Plaintiff”) filed th...

Excerpt: ...alleging nine causes of action, including breach of contract and specific performance. Defendant filed an Answer and a Cross‐Complaint for Declaratory Relief on March 4, 2019. Trial is scheduled to commence on April 11, 2023. The proposed First Amended Answer (“FAA”) would add several affirmative defenses. Defendant asserts: [They] supplement those defenses already raised and simply present more direct claims in opposition to the Complaint,...

Excerpt: ...for judicial notice are unopposed and granted. Factual Background On December 2, 2022, CRL filed the Petition, in which its pastor, Robert Royer (“Royer”), avers as follows. In 2021, the real property at 6550 Dry Creek Road, Rio Linda, CA (the “Property”) suffered water damage as the result of a flood. (Pet. 2:16‐17.) The Property is owned by CRL. (Decl. of Robert Royer ISO Pet. (“Royer Decl.”) ¶ 2.) On November 3, 2021, CRL and Se...

Excerpt: ...tion into the complaint of income discrimination against Respondent Cool Time, LLC. (Gov. Code §§ 12963 [“[a]fter the filing of any complaint alleging facts sufficient to constitute a violation of any provisions of this part, the department shall make prompt investigation in connection therewith.”]) On August 12, 2022, the Department served a subpoena requesting documents related to the complaint in addition to a set of investigative interr...

Excerpt: ...ed upon as follows. In the voluminous second amended complaint, Plaintiff alleges claims of employment discrimination under the Fair Employment and Housing Act, Government Code, Labor Code and the California Constitution arising out of his employment with defendant. Plaintiff has now filed four extremely voluminous motions to compel CDT's further responses which the Court will address in a single ruling. It appears that Plaintiff seeks to compel ...

Excerpt: ... 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. The parties' requests for judicial notice are both unopposed and granted. Background Plaintiff Raphael Hernandez (“Plaintiff”) filed this lemon law action on February 19, 2020 and alleged five causes of action un...