Excerpt: ...s. CDCR's request for judicial notice is GRANTED. This is a wrongful death action and survival action. Plaintiff M.B. is the minor son of former state prisoner, decedent Milton Beverly, Jr. (“Decedent”). Plaintiff alleges that Decedent was not provided with proper medical care, supervision, and suicide precautions while he was incarcerated at California State Prison, Sacramento, which caused Decedent to commit suicide on November 24, 2016. Pl...

Excerpt: ...version, private nuisance and interference with contract. The action arises from an alleged agricultural joint venture doing business as W.U.R.M. Assets, LLC, between Plaintiff Umashankar and Defendant Brian Radoo, Defendant Bobby Mohamed, and Scott Wallace. It is alleged that on May 10, 2018, that Defendants came to the property and began screaming, cursing and threatening them, locked up their dogs, brandished a gun and indicated that more guns...

Excerpt: ... 3.1113(d). Again, Defendants did not obtain an order from the Court allowing them to file such an oversized opposition memorandum. This is true despite the fact that the Court's previous ruling on the demurrer to the FAC cautioned Defendants that their failures to comply with the CRC could lead to the Court declining to consider their papers, or the entirety therof. The Court reluctantly considered the entirety of Defendants' memorandum, but may...

Excerpt: ...ific evidence which is claimed to show the existence or non‐existence of a triable issue of material fact. *** Defendant Dignity Health dba Mercy San Juan Medical Center's motion for summary judgment is GRANTED, as follows. Opposing counsel failed to comply with CRC Rule 3.1350(g), requiring a single volume of evidence (including declarations) with a table of contents when the evidence exceeds 25 pages. Both moving and opposing counsel failed t...

Excerpt: ... 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 in person or by telephone. Factual Background This is a nonjudicial foreclosure case. Plaintiff Kipgen now sues Bank for the third time, again asserting he is the successor ‐in‐interest...

Excerpt: ...in, Defendants did not obtain an order from the Court allowing them to file such an oversized opposition memorandum. This is true despite the fact that the Court's previous ruling on the demurrer to the FAC cautioned Defendants that their failures to comply with the CRC could lead to the Court declining to consider their papers, or the entirety thereof. The Court reluctantly considered the entirety of Defendants' memorandum, but may not do so in ...

Excerpt: ...gs in Dept. 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, along with the correct time for hearings in Dept. 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. Factual Background Plaintiff AML is a manufacturer of e...

Excerpt: ... proposed new tentative ruling and will set this matter for hearing on January 8, 2020 and will allow further briefing by the parties on the proposed new tentative ruling. After the tentative ruling posted, the Court received [late‐filed] Plaintiff's Second Request for Judicial Notice which contained the California Supreme Court website docket listing for the matter of Ferra v. Loews Hollywood Hotel, No. S259172, indicating that a Petition for ...

Excerpt: ...on to compel Defendant to provide full and complete responses to certain requests for production (set one) and produce responsive documents corresponding to those requests. Requests nos. 17 and 20‐25 relate to Defendant's investigations and analysis regarding the defects. Requests 7, 50 ‐52, and 65 relate to Defendant's warranty and repurchase policies. The Court's Order of 8/9/19 expressly overruled Defendant's objections to the requests for...

Excerpt: .../or Crossroads Facility Services (collectively “Crossroads”). He claims that Crossroads reduced his hours and then terminated him because of his religion (Christian) and/or because he complained of discrimination. His complaint contains three causes of action: (1) religious discrimination in violation of the Fair Employment and Housing Act (“FEHA”); (2) retaliation in violation of FEHA; and (3) wrongful termination. Crossroads has now mov...

Excerpt: ...he Second Amended Complaint (“2AC”) is DENIED, as follows. The notice of motion does not comply with Code of Civil Procedure §1010 or CRC Rule 3.1110(a). Plaintiff failed to comply with CRC Rule 3.1110(b)(3)‐(4). Overview This is a non‐judicial foreclosure action arising out of plaintiff's $185,000 mortgage loan which originated in 2004. Plaintiff's 2AC purported to assert causes of action for (1) Violation of the Security First Rule; Po...

Excerpt: ...he Court's tentative ruling procedure. If Defendant's counsel is unable to contact opposing counsel prior to the hearing, Defendant's counsel shall be available at the hearing, in person or by telephone, in the event opposing counsel appears without following the procedures set forth in Local Rule 1.06 (B). Defendant's demurrer to Plaintiff Angelina Kubrakov's (“Plaintiff”) First Amended Complaint (“FAC”) is SUSTAINED with leave to amend....

Excerpt: ...its 1, 4‐9. His request is denied as to Exhibits 2‐3. Overview and Procedural History Gonzalez initially filed this action in pro per on 11/18/2015. His initial complaint asserted causes of action for negligence, intentional tort, and fraud against California State Automobile Association and DOES 1‐50. On 2/19/2016, Judge Cadei found Gonzalez to be a vexatious litigant in Gonzalez v. Kitay, Sacramento Superior Court Case No. 34‐2012‐ 00...

Excerpt: ...ng 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. *** Defendant County of Sacramento's (“County”) motion for summary judgment, or in the alternative, summary adjudication is ruled upon as follows. I. Overview This is a wrongful death action. Plaintiffs are the heirs and successors‐in‐interest to decedent Jamari Moore (“Decede...

Excerpt: ... motion matters. *** Plaintiff Edward Mitchell's demurrer to Defendants ABM Industries, Inc., ABM Building Services, LLC, and ABM Building Solutions, LLC's (collectively “ABM”) answer is ruled upon as follows. This is a premises liability action. Plaintiff alleges that on 1/8/2018, he was an invitee at 500 David J. Stern Walk, Sacramento, California 95814 (“Premises”). The Premises was “owned, leased, operated, occupied, maintained, and...

Excerpt: ...y served on January 15, 2018 at 12054 Country Garden Drive, Rancho Cordova. (ROA 4.) Defendant did not answer the Complaint, and Plaintiff moved for default. Default judgment was entered against Defendant on April 6, 2018. Defendant now moves to vacate the default, on the grounds that she was never served with the lawsuit. Defendant provides a declaration in which she attests that she never received notice of the lawsuit, and that the address whe...

Excerpt: ...gust 2017, alleging numerous causes of action against Defendant arising from Plaintiff's purchase of two vehicles from Defendant. On January 22, 2019, the Court granted Defendant's unopposed motion to compel arbitration, on the grounds that an arbitration clause exists in the sales contract. (MacAdam Decl. Exs. B, C.) Plaintiff then sent a Demand for Arbitration in July 2019, listing his damages in excess of $500,000. (Id. Ex. D.) Accordingly, th...

Excerpt: ... SMUD served Plaintiff with a notice of deposition, setting her deposition for September 4, 2019. (Webber Decl. Ex. 2.) As Plaintiff's counsel was unavailable, the parties agreed to a deposition date in early October, and SMUD re‐noticed the deposition for October 10. (Id. Ex. 5.) On October 1, Plaintiff's counsel stated that they were still in trial during the week of October 10, so SMUD's counsel requested that Plaintiff's counsel provide new...

Excerpt: ...y 21, 2019, Defendant D&S (“Defendant”) served form and special interrogatories and a request for production of documents on Plaintiff. Plaintiff failed to respond to the discovery requests, despite multiple extensions of time to do so. Having failed to obtain responses to the discovery requests, Defendant filed motions to compel the responses, which Plaintiff did not oppose and which this Court granted on July 16, 2019. The Court's order dir...

Excerpt: ...objections are OVERRULED. Factual Background Raymond and his wife, Joanne, reside in a house in Elk Grove with their two children and their two dogs, Butter and Milo. (UMF 2‐6, 9.) Raymond purchased the house in 2003 and is the only person named on the deed of trust. (UMF 2, 3.) In 2014, Joanne opened Wandering Boba, a food truck business. (UMF 13.) Wandering Boba is a sole proprietorship and Joanne is doing business as (“dba”) Wandering Bo...

Excerpt: ..., failed to provide accurate and complete wage statements, failed to timely pay wages, and engaged in unfair business practices. Plaintiffs further allege that Defendant is liable for civil penalties under the Private Attorneys General Act (“PAGA”). The parties engaged in informal discovery and a full day of mediation. They now seek preliminary approval of their settlement for the gross settlement amount of $1,250,000 (“Gross Settlement”)...

Excerpt: ...icipate in any oral argument on the continuance date. Defendant Jennifer Shaffer's demurrer to self‐represented Plaintiff Reginald Wheeler's First Amended Complaint (FAC) is sustained. The Court notes that Plaintiff's Opposition was not timely filed and served pursuant to Code of Civil Procedure section 1005(b). The Court, however, exercises its inherent and authority and discretion and has considered the Opposition, particularly in light of De...

Excerpt: ...into an agreement with Sacramento City Unified School District (“SCUSD”) on November 21, 2014, titled the Internship Credential Program Agreement (the “Agreement”). (FAC ¶¶ 5‐9, Ex. A.) Plaintiff alleges that Defendant denied Plaintiff the opportunity to finish his internship courses, including failing to give Plaintiff advice and mentorship and otherwise support him in good faith, and ultimately ending his participation in the intern...

Excerpt: ... Complaint, Plaintiff alleged three separate causes of action under the Fair Employment and Housing Act for age discrimination, harassment based on age, and retaliation. On September 4, 2019, after taking the matter under submission after hearing, this Court issued its order overruling in part and sustaining in part Defendants' demurrer to the original Complaint. In that order, the Court overruled the demurrer as to the First Cause of Action for ...

Excerpt: ...urred on April 7, 2017, wherein Plaintiff was driving through the window of Krispy Kreme Doughnuts on Florin Road in Sacramento. Plaintiff ordered several items, including two hot coffee drinks. Plaintiff alleges she was handed a coffee cup with a lid that was not properly placed, causing the coffee to splash and spill on Plaintiff, causing personal injury to Plaintiff. Plaintiff's FAC alleges causes of action for (1) negligence, (2) premises lia...