Excerpt: ...el 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 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 by Zoom or by telephone. Moving counsel failed to comply with CRC Rule 3.1110(b)(3)‐(4). Plaintiff's opposition wa...

Excerpt: ...sed and assaulted in foster care while under the legal custody, care, and control of the County and co‐defendant County of Sacramento. Plaintiff alleges that “Defendants owed a duty to care for and protect Plaintiff, a child in foster care in San Bernardino and Sacramento Counties, and in that regard, assumed an obligation of the highest order to ensure her safety. See Cal. Welf. and Inst. Code § 16000.1(a).” (Complaint, ¶ 13.) Plaintiff ...

Excerpt: ...iction of emotional distress, wrongful death and violation of Residents Bill of Rights. Plaintiff Kathryn Koontz (“Kathryn” or “Decedent”) and her son David Koontz, as successor‐in‐interest, and individually (“David”) filed this action arising from Kathryn residency at defendant The Chateau on Capital Avenue (“Facility” or “Chateau”), an assisted living facility. Plaintiffs allege that Capital Avenue OPCO LLC and SRG Sacra...

Excerpt: ... Wigle's vehicle and Plaintiff. The first cause of action for declaratory relief is asserted against the insurance company defendants and seeks a declaration regarding the parties' rights under the subject insurance policies. Plaintiff appears to allege that the insurance company defendants have engaged in bad faith as it related to Wigle. Wigle demurs to the first cause of action on the basis Plaintiff has misjoined the insurance company defenda...

Excerpt: ...��) demurrer to Plaintiff in pro per Larry Redic's (“Plaintiff”) complaint is ruled upon as follows. Defendants' request for judicial notice of Executive Order N‐33‐20 is granted. The Court declines to take judicial notice that the Order “does not establish specific COVID ‐19 safety protocols for California's prisons.” (See, Def.'s RJN at 1:26‐27.) The Court notes that Plaintiff filed an opposition on August 11, 2022, which was th...

Excerpt: ...hether the complaint is well‐pled. In this action, Plaintiff alleges causes of action against Defendant for conversion, violation of Business & Professions Code § 17200, fraudulent misrepresentation and intentional interference with contract. Plaintiff alleges that it specializes in recovering and supplying refrigerants. (Comp. ¶ 11.) Plaintiff alleges it utilizes a unique piece of equipment called “El Machino” which it constructs through...

Excerpt: ... hearing date shall automatically be continued one week plus one court day for oral argument. The continuance date will always be an appearance required hearing so that Plaintiff need not request oral argument. The Litigation Coordinator shall make Plaintiff available, by Zoom telephonically, at 9:00 a.m. on the date of the continued hearing date, which will be October 13, 2022, to participate in oral argument. To appear on Zoom telephonically, c...

Excerpt: ...n the Anatolia housing development which is subject to Defendant's conditions, covenants and restrictions (CC&Rs). Plaintiff alleges Defendant issued a Notice of Intent to Record Assessment Lien on January 30, 2020, claiming there were delinquent assessments, late fees, collection fees and a current assessment. Plaintiff alleges Defendant's lien was incorrect and that she had timely paid all assessments and that Defendant failed to credit her pay...

Excerpt: ...the hearing 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. *** Defendants Sutter Valley Hospital (“Sutter”) and Sammy Maysonet's (“Maysonet”) (collectively “Defendants”) motion for summary judgment, or in the alternative, summary adjudication is ruled upon as follows. I. Overview This is a FEHA employment action for disabil...

Excerpt: ...laint against ADC alleging various causes of action arising out of her employment with ADC as a dental hygienist. She alleges various wage and hour claims under the Labor Code in addition to causes of action under FEHA. ADC thereafter filed a cross‐complaint against David Miller, Plaintiff's father. ADC alleges that its causes of action arise out of the same transaction, occurrence or series of transactions or occurrences as Plaintiff's claims....

Excerpt: ... A motion to strike is appropriate to strike out any irrelevant, false or improper matter asserted in any pleading and the Court may strike out all or any party of any pleading not drawn or filed in conformity with the law. (See Code Civ. Pro. § 436 (a)‐(c).) A motion to strike challenges portions of a cause of action that are substantively defective on the face of the complaint. (PH II, Inc. v. Superior Court (1995) 33 Cal.App.4th 1680, 1682�...

Excerpt: ...548, 1566; Kilroy v. State of California (2004) 119 Cal.App.4th 140, 145‐146.) Background This is a dispute between residential neighbors. In December of 2017, Plaintiffs purchased a home in Fair Oaks, California directly adjacent to the home of Defendants Jeff Will and Pam Will (“Defendants”). Defendants' property sits approximately 15‐20 feet higher than Plaintiffs' property, which results in runoff of water and debris from Defendants' ...

Excerpt: ...n was necessary. The Court finds the bulk of the issues should have been resolved during the meet and confer process and the failure of the parties to do so is suggestive that neither party made a reasonable effort to resolve this dispute. The parties are admonished that if there are similar circumstances in the future, the Court may direct the parties to meet and confer further before hearing a discovery motion. In this particular instance, the ...

Excerpt: ...gages in a three‐step process. First, the Court identifies the issues 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 or summary adjudication is limited to the issues raised by the pleadings (Lewis v. Chevron (2004) 119 Cal. App. 4th 690, 694), all evidence submi...

Excerpt: ...unts based on an open book account for money due and an account stated in writing between Plaintiff and Defendant. According to Plaintiff's computerized records of the loan, which are maintained in the ordinary course of Plaintiff's business, the remaining balance on the loan, including interest, totals $24,505.39. (UMF Nos. 7, 10.) Legal Standard CCP section 473c(c) requires that a motion for summary judgment be granted "if all the papers submit...

Excerpt: ... that occurred on August 23, 2015. (See Osborn Second Amended Complaint (“SAC”), ¶ 8.) According to Plaintiffs' respective second amended complaints, Plaintiff Regina Wander was driving a 2007 Hyundai Santa Fe when she experienced a sudden unintended acceleration event that resulted in her losing control of the vehicle and causing it to travel at a high rate of speed before colliding with the Osborn Plaintiffs' vehicle. Plaintiffs allege tha...

Excerpt: ...p.m in Department 53. (Code of Civ. Proc. § 382; Cal. Rules of Court, rule 3.769.) Background This is a wage and hour class action for various alleged violations of the Labor Code by Defendant Fleetcor Technologies Operating Company, LLC (collectively “Defendant”). Plaintiff commenced this action by filing a complaint on behalf of herself and other non‐ exempt employees of Defendants. The operative pleadings is the First Amended Complaint ...

Excerpt: ...JN”). In its RJN, BANA cites to Evidence Code section 452(h) and seeks judicial notice by the Court of two documents attached thereto which BANA describes as follows: Exhibit A: “Credit Card Agreement for Thomas M. Witte” dated August 2014 Exhibit B: “Changes to Your Credit Card” dated August 2015 (ROA 105.) The Court notes that BANA's RJN in support of its demurrer is nearly identical to BANA's previously‐filed Request for Judicial N...

Excerpt: ... amended complaint on the ground of failure to allege exhaustion of administrative remedies. (ROA 51.) Defendant now challenges the second amended complaint on the same ground. This is a health insurance action. Plaintiff brings this action individually and as the executor of the estate of Ron Pruitt, her late father (hereafter, “Decedent”). (SAC, ¶ 1.) Decedent was a member of PERSCare, a health insurance plan funded by Defendant and admini...

Excerpt: ...ed 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 counsel is ordered to appear at the hearing by Zoom or by telephone. The notice of motion also does not comply with Code of Civil Procedure §1010 or CRC Rule 3.1110(a). Fac...

Excerpt: ...l Retirement Annuity, known as Policy No. 0101211094. (Mills Decl. ¶ 3.) As of October 21, 2021, the Non‐Qualified Annuity had a lump sum value of $30,082.44 and the Individual Retirement Annuity had a lump sum value of $60,495.35. (Mills Decl. ¶ 4.) Both policies named the Insured's children, J. Ruedas, J. Zavoral, and G. Zavoral, as purported equal beneficiaries. (Mills Decl. ¶ 2.) On November 30, 2018, Plaintiff received a Change in Benef...

Excerpt: ...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 or by telephone. Moving counsel failed to comply with CRC Rule 3.1110(b)(3)‐(4). Opposing counsel failed to comply with CRC Rule 3.1110(b)(3). Factual Background This 2015 action is well known to the Court and in sum, it aris...

Excerpt: ...ide notice of the Court's tentative ruling system as required by Local Rule 1.06(D). Defendants are ordered to notify Plaintiff immediately of the tentative ruling system and the manner to request a hearing. If Defendants are unable to contact Plaintiff prior to hearing, Defendants are ordered to appear at the hearing. Plaintiff filed this personal injury action on November 2, 2021, arising from a motor vehicle accident that occurred on December ...

Excerpt: ...at will be addressed at the hearing. Counsel are also reminded that pursuant to local rules, only limited oral argument is permitted on law and motion matters. *** Both moving and opposing counsel failed to comply with CRC Rule 3.1110(b)(3)‐(4). Factual Background This 2015 action is well known to the Court and in sum, it arises from an alleged real estate partnership between plaintiffs Angelica Lynn and Angel Lynn Realty (“ALR”) on the one...

Excerpt: ...ners' interests in Gold Mountain Distribution (“GMD”). GMD is a cannabis distribution business. The parties entered into a Letter of Intent (“LOI”) on July 8, 2019, which formalized the parties' agreement. (Ramirez Decl. Exh. 1.) Petitioners contend Mr. Argudo has defaulted on the agreed upon payments and failed to assume the personal guaranty for all debts of GMD. Petitioners seek to have their dispute arbitrated in accordance with the t...

Excerpt: ...d previously been damaged, totaled and salvaged. Plaintiffs sued for fraud, rescission and other statutory violations. In early 2022 the parties agreed to a settlement which was memorialized in writing and on 4/15/2022, plaintiffs filed pursuant to CRC Rule 3.1385 a Notice of (Conditional) Settlement of the Entire Case, thereby removing this action from the Court's civil active list. To date, no request for dismissal of this action has been filed...

Excerpt: ...homas in Case No. 34‐ 2022‐00313560 as authorized representatives of the Labor and Workforce Development Agency (LWDA) and similarly situated individuals who were employed by Defendant Career Systems Development in California between January 28, 2019 and June 19 2022. Plaintiff Alexander asserted claims premised on the alleged failure to pay overtime, failure to pay minimum wages, failure to provide meal and rest period premiums, failure to r...

Excerpt: ...ion filed on August 31, 2022, Defendant's counsel indicates Plaintiff's counsel conceded that Defendant did not owe her a fiduciary duty and was willing to dismiss the second cause of action for breach of fiduciary duty which would also impact the third cause of action for constructive fraud premised on the existence of a fiduciary duty. (Shirley Decl. ¶ 11.) Defendant's counsel asked Plaintiff's counsel if he wanted to file a third amended comp...

Excerpt: ...sonal benefit of his mistress, Yimin Dai and himself. Defendant is the trustee of the Samuel B. Fong Trust and Executor of Samuel B. Fong's estate. At issue on the instant motion is a complaint filed by Sam's siblings (Anna FingMorgan, et al.) (the “Siblings”) against Defendant and Defendant's cross‐petition for an “Order Confirming Trust Assets” in response to the Siblings' complaint. Generally, the Siblings allege Sam engaged in misco...

Excerpt: ...tion, the Court elects to address the motion as it concerns each plaintiff separately. This tentative ruling concerns Plaintiff David Gunter's (“Gunter”) claims. A separate tentative ruling will be filed concurrently relating to Plaintiff Bruce Zike's (“Zike”) claims. Evidentiary Objections Pursuant to Code of Civil procedure section 437c, subdivision (q), the Court only rules on the objections to evidence deemed material to its dispositi...

Excerpt: ...the defendant. Plaintiffs dismissed PWS on May 19, 2020. (ROA 11.) Plaintiffs thereafter named Jerome F. Lipp, JFL LLC, and Re ReduX LLC as Does 1‐3, respectively. (ROAs 14, 16, 19.) In their Judicial Council Form complaint, Plaintiffs allege that Does 1‐3 “were the agents or employees of other named defendants and acted within the scope of that agency or employment.” (Complaint, ¶ 6a.) Plaintiffs allege that a fire broke out at the reta...

Excerpt: ...or rehearing challenged the holding that once individual PAGA claims have been ordered to arbitration, the remaining non‐individual PAGA claims should be dismissed for lack of standing. The petition for rehearing was denied on August 22, 2022. The Court's original tentative ruling addressed the merits of the motion and indicated that in the event that petition was denied, it would grant the motion to compel and would dismiss the matter. However...

Excerpt: ...t) and for declaratory relief. Plaintiff has since dismissed the declaratory relief cause of action. Plaintiff's causes of action arise from allegations that he had agreements with certain parties (“DPG parties”) which provided that he would have a first position security interest as to money that he lent/invested which was collateralized by the DPG parties' assets, including an automobile sub‐prime loan portfolio titled in the name of Spri...

Excerpt: ...ruck which crossed an opposing lane of traffic and collided with the Decedent's vehicle. The collision resulted in the Decedent's death. Plaintiffs allege that Defendants Amazon Logistics, Inc., JC's Express Lanes, Mian Transportations, Inc., and Jose R. Colon, Jr., were in the commercial trucking industry and were engaged in “the owning, leasing, dispatching, hiring, operating, servicing, brokering, maintaining, entrusting, renting, and/or lea...

Excerpt: ...bility discrimination, failure to accommodate, failure to engage in the interactive process, retaliation and failure to prevent discrimination, harassment and retaliation. She also alleges a cause of action for wrongful termination in violation of public policy and defamation. Plaintiff alleges that she had been employed for over ten years and was Defendant's preschool director. She alleges that Defendant terminated her because of her need for me...

Excerpt: ...ss, depression, lack of appetite and fatigue”. (Comp. ¶ 20.) Plaintiff also alleged harassment causes of action against individual defendants ("Defendant's employees”). Prior to Plaintiff's deposition, she produced 87 pages of unredacted mental health records which were marked confidential and produced pursuant to the parties' stipulated protective order. Defendant then served a subpoena for the production of records to Kaiser Permanente whe...

Excerpt: ...violation of Health & Safety Code § 1430(b), wrongful death, medical malpractice, and more. The action arises from the care the Decedent received at Defendant's skilled nursing facility. Defendant moves to compel the action to arbitration on the basis that Richard Holben (“Richard') signed an Arbitration Agreement in connection with the Decedent's admission to the facility in November 2020. Defendant contends Richard had the authority to sign ...

Excerpt: ...ion by sale of a single‐family home located in Sacramento (“the Property”). Chiment alleges as follows: (1) Hall purchased the Property in November 1998 and told Chiment that she would become a part owner following Hall's divorce; (2) by 2001 Hall made Chiment a joint tenant of the Property; (3) a dispute developed between Chiment and Hall and Chiment left the Property in March 2022; (4) Hall has solely occupied the Property since the dispu...

Excerpt: ... 5, 2019, Plaintiff entered into a California Residential Purchase Agreement to purchase the Subject Property from sellers Mark and Lisa Voiselle. Defendant Valary L. Jennings (“Jennings”) was the sales agent for the sellers and acted under the direct supervision of her broker, Purplebricks, Inc., aka Purplebricks Realty, Inc. (“Purplebricks Realty”). Plaintiff alleges that Jennings performed a visual inspection of the Subject Property on...

Excerpt: ... within 48 hours of receipt. The hearing date shall automatically be continued one week plus one court day for oral argument. The continuance date will always be an appearance required hearing so that the self‐represented party need not request oral argument. The Litigation Coordinator shall make the self‐represented party available, by Zoom telephonically, at 9:00 a.m. on the date of the continued hearing date, which will be 10/5/2022, to pa...

Excerpt: ...fendant Corrosion Materials, Inc.'s (“CMI”) demurrer to Plaintiff Hogan Mfg. Inc.'s (“Plaintiff”) third amended complaint (“TAC”) is ruled upon as follows. Background & Allegations in the TAC This is a contract dispute. In the operative TAC, Plaintiff alleges that CMI approached Plaintiff in September of 2016 with a proposal in which Plaintiff would process sheet metal provided by CMI into “Top Skins,” which CMI would then sell to...

Excerpt: ... taking judicial notice of these documents, the court accepts the fact of their existence, not the truth of their contents. (See Professional Engineers v. Dep't of Transp. (1997) 15 Cal.4th 543, 590; Steed v. Department of Consumer Affairs (2012) 204 Cal.App.4th 112, 120‐121.) This is Defendants' second challenge the Plaintiffs' operative complaint. On March 15, 2022, this Court sustained Defendants' demurrer to Plaintiffs' initial complaint on...

Excerpt: ...ult of a gift deed from Charles Watson who has since died. Plaintiff contends that he desires to sell the property but Defendant has refused. Plaintiff asserts that he has been the only one maintaining the property, paying the taxes, etc. and that it has become unduly burdensome. Plaintiff now seeks summary judgment and an interlocutory judgment of partition and sale pursuant to Code of Civil Procedure §§ 872.210 and 872.710. Defendant filed a ...

Excerpt: ...r: (1) failure to pay overtime; (2) failure to pay minimum wage; (3) failure to timely pay wages during employment; (4) inaccurate wage statement penalties; (5) failure to reimburse work‐related expenses; (6) waiting‐time penalties. Plaintiff also has a PAGA cause of action wherein he seeks to recover PAGA penalties on behalf of himself, the State of California, and all current and former aggrieved employees. (Compl., ¶ 31.) After applying f...

Excerpt: ... The opposition also asserts that plaintiff's motion here fails to comply with the provisions of CRC Rule 3.1324 and that several of the proposed causes of action are either time‐barred or otherwise deficient. Defendant's Request for Judicial Notice, which attaches copies of court filings, is unopposed and is granted. This action, commenced on 2/8/2022, arises out of plaintiff's employment with defendant. The present complaint purports to asser...

Excerpt: ... ordered to notify MCM immediately of the tentative ruling system and the manner to request a hearing. If Lombardi is unable to contact MCM prior to hearing, Lombardi is ordered to appear at the hearing. Lombardi has also indicated the incorrect address in the notice of motion. The correct address for Department 54 of the Sacramento County Superior Court is 813 6th Street, Sacramento, California 95814. Lombardi seeks to strike the MOC filed by MC...

Excerpt: ...to October 27, 2022, at 1:30 PM, in this Department, so that parties can engage in continued good faith meet‐and‐confer efforts. The notice of motion provides the incorrect address of Department 53. The correct address for Department 53 of the Sacramento County Superior Court is 813 6th Street, Sacramento, California 95814. Plaintiff filed her operative First Amended Complaint (“FAC”) against Defendants on July 6, 2021. (ROA 20.) Plaintif...

Excerpt: ... Production of Documents, and Special Interrogatories is ruled upon as follows. This motion seeks multiple forms of relief regarding four separate forms of written discovery (requests for admissions, form interrogatories, special interrogatories, and requests for production), each of which contemplates a separate motion. Instead of filing separate motions as to each separate form of discovery, which is preferred by the Court, Defendant filed a si...

Excerpt: ...tion as a concession of its merits. In this elder abuse action Plaintiffs served the subject deposition notice (along with approximately 46 other notices) on April 7, 2022. (Dudensing Decl. Ex A.) At issue on this particular motion are the depositions of Folsom Investors' employees, originally noticed for the following dates: Brenda Hicks ‐ May 24, 2022 Malissa Ehrman ‐ May 24, 2022 Allie McCutchan ‐ May 25, 2022 Chantel Krahn ‐ May 25, 2...

Excerpt: ...ling system and the manner to request a hearing. If Dr. McGraw is unable to contact Plaintiff prior to hearing, Dr. McGraw is ordered to appear at the hearing. This is a medical malpractice action arising out of the care and treatment of plaintiff Jack Kellum (“Plaintiff”) during 2018 and 2019 by Dr. McGraw. Plaintiff filed his original Complaint on January 26, 2021, and the operative First Amended Complaint on March 10, 2021. The First Amend...