Excerpt: ...el Defendant to provide full and complete responses to certain requests for production. Requests Nos. 1, 2 and 4 relate to Plaintiff's vehicle. Request Nos. 18, 23, 25, 30, 35, 35, 49, 50, 51, 81‐85, 90 and 91 relate to Defendant's investigation and analysis regarding the defects and reports to government entities. Requests Nos. 76 and 78 relate to Defendant's warranty and repurchase policies. Defendant interposed numerous objections to the req...

Excerpt: ...ki. Plaintiffs allege Mr. Davalatberki was driving the truck on Defendant Amazon Logistics, Inc.'s (“Amazon”) behalf. The Court considered Amazon's opposition which was filed and served a single day late on January 6, 2023. Plaintiffs were able to file a timely reply. At issue of this motion are Amazon's responses to Plaintiffs' request for production of documents (set three). The requests seek documents of any surveillance Amazon conducted o...

Excerpt: ...umerous defendants caused the Decedent to be exposed to asbestos containing products resulting in her developing lung cancer. DCo is alleged to be one of the entities responsible for numerous automotive products which the Decedent was exposed to, including Warner Electric Brake & Clutch Company's (“Warner”) brakes and clutches, United brakes and Victor Gasket Division's gaskets. Plaintiffs also seek punitive damages. DCo moves for summary adj...

Excerpt: ...14. Plaintiff's counsel is directed to contact opposing counsel forthwith to advise counsel of Department 53's correct address, Local Rule 1.06, and the Court's tentative ruling procedure. If Plaintiff's counsel is unable to contact opposing counsel prior to the hearing, Plaintiff's counsel shall be available at the hearing, in person or remotely (telephonically or by video conference via Zoom as stated in the introductory notice to today's tenta...

Excerpt: ...t. v. Empire Water Co. (1941) 44 Cal.App.2d 61, 68 [recorded land documents, not contracts, are the subject of judicial notice on demurrer].) The Court, however, does not accept the truth of any facts within the judicially noticed documents except to the extent such facts are beyond reasonable dispute. (See Poseidon Devel., supra, 152 Cal.App.4th at 1117‐18.) see also Fontenot v. Wells Fargo Bank, N.A. (2011) 198 Cal.App.4th 256, 265 ("[A] cour...

Excerpt: ... is the San Francisco Chapter of ACF. (Comp. ¶ 6.) Plaintiff alleges that it has been overseen by ACF but work as an autonomous unit it terms of its day‐to‐ day operations. It alleges that historically ACF holds title to property acquired by chapters but in name only and only as a trustee for any individual chapter that raised money to acquire the property. (Comp. ¶¶ 9, 10.) Plaintiff alleges it acquired investment property on November 8, ...

Excerpt: ...each of contract, common counts, fraud, breach of the covenant of good faith and fair dealing, and for declaratory relief. The claims arise from allegations that Plaintiffs agreed to purchase real property located at 5829 Filbert Avenue in Orangevale (the “Property”) from Defendant but that Defendant has failed to place Plaintiffs on title. Defendant demurs to all of the causes of action in the FAC A demurrer “tests the pleadings alone and ...

Excerpt: ...ersus pedestrian accident that occurred on May 2, 2017, where Plaintiff's brother (Eric Allen Miller) was killed when he was struck by a 2013 Toyota Tacoma driven by Steven Martin. Plaintiff alleges Mr. Martin was operating the vehicle in furtherance of his vehicle hauling business. (Complaint ¶ 10.) Plaintiff further alleges that business was insured by Redwood and that Redwood improperly denied coverage to Mr. Martin. Plaintiff and Mr. Martin ...

Excerpt: ...e III sacral pressure sores. (Complaint, ¶¶ 30.) Plaintiff alleges she was completely dependent upon Defendant for daily living, that Defendant knew or should have known that Plaintiff was at high risk for the development and worsening of pressure sores. (Complaint, ¶¶ 29, 31.) Plaintiff alleges that despite this knowledge, Defendant ignored Plaintiff's needs, failed to provide necessary care to prevent the development and worsening of sores,...

Excerpt: ... Complaint filed in this action is granted. Plaintiffs in pro per Zuri K. Colbert and Nafisah Timmons (collectively, “Plaintiffs”) filed the original Complaint on May 21, 2021, and the First Amended Complaint (“1AC”) on June 10, 2021. (ROAs 1, 16.) The 1AC alleges causes of action for fraud and negligence against the County and its employees based upon alleged inaccurate recordkeeping that conflates Plaintiffs' names with the names of oth...

Excerpt: ...ner to request a hearing. If Plaintiff is unable to contact Defendant prior to hearing, Plaintiff is ordered to appear at the hearing. Plaintiff filed the Complaint for Partition on March 17, 2022, against defendant in pro per Lineni Noa Keil (“Defendant”) seeking partition of the real property located at 3551 Rio Loma Way, Sacramento, California 95834. Default was entered against Defendant on August 15, 2022. (ROA 22.) Plaintiff presents the...

Excerpt: ...overy of alleged credit card debt. (Complaint.) Plaintiff moves for summary judgment or in the alternative summary adjudication of the first cause of action for open book account and the second cause of action for account stated. (Notice.) The complaint, however, alleges only a single cause of action for common counts on separate theories of open book account and account stated. (Complaint.) Accordingly, the request for summary adjudication is de...

Excerpt: ... for his claims brought under the Private Attorneys General Act (Labor Code § 2699 et seq.) (“PAGA”). Plaintiff filed his Complaint on January 26, 2022, asserting a single claim under PAGA for failure to pay overtime wages, failure to pay minimum wages, failure to provide meal and rest periods or pay premiums in lieu thereof, failure to provide accurate wage statements, failure to pay final wages, failure to provide paid sick leave, failure ...

Excerpt: ...�FROGs”), Set Two; Special Interrogatories, Set Two; Special Interrogatories, Set One; and Requests for Production of Documents, Set One, (collectively “Original Discovery”). Plaintiff opposes the request as untimely and on its merits. Defendant also moves for an order compelling responses to Supplemental Requests for Production, Set No. Supplemental One and Supplemental Interrogatory, Set No. Supplemental One (collectively “Supplemental ...

Excerpt: ...33, 134, and 141 is GRANTED as follows. Plaintiff has indicated the incorrect address in its notice of motion. The correct address for Department 54 of the Sacramento County Superior Court is 813 6th Street, Sacramento, California 95814. Plaintiff shall notify Defendant immediately. This is a lemon law action involving a 2017 Cadillac. Plaintiff alleges the vehicle suffered from steering and electrical defects and that Defendant failed to repair ...

Excerpt: ...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. This is an action by Harlan to quiet title to real property and for alleged financial elder abuse by Defendant. The property was transferred to Defendant, as...

Excerpt: ...Plaintiff and Expo Floors, LLC on April 15, 2019, alleging similar claims. (ROA 8.) Defendant filed an Amended Cross‐ Complaint on August 26, 2019. (ROA 41.) Plaintiff filed a First Amended Complaint on August 27, 2019. (ROA 42.) Trial was initially set for October 11, 2022. Discovery closed 30 days before that initial date on September 9, 2022. On November 10, 2021, the Court granted Defendant's motion to compel Plaintiff to provide further re...

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. Factual Background This action arises out of plaintiff's prior employment with CSLC, where she claims to...

Excerpt: ...n struck by defendants' vehicle while walking in the parking lot with her mother. Plaintiff McKinney's responses to interrogatories attest to the following injuries: “[R]ib contusions, headaches, sprains and strains to the left arm and neck, upper and lower back injuries, pain radiating down leg, and a fear of being struck by another vehicle while walking.” Defendants issued in May 2022 several subpoenas for medical records from plaintiff McK...

Excerpt: ... 95814. Defendant shall notify Plaintiff immediately. On December 27, 2016, plaintiff Dawn Virginia Randall (“Plaintiff”) filed the Complaint in this action for personal injuries related to a fall that occurred on January 6, 2015. The initial trial date was September 25, 2018. (ROA 26.) On September 6, 2018, the Court granted Plaintiff's motion to continue trial pursuant to the parties' stipulation. (ROA 36.) A new trial date of April 16, 201...

Excerpt: ... not timely served but were nevertheless considered since the original hearing date of 12/7/2022 was continued to this date. Factual Background This action arises out of plaintiff's prior employment with APL. Pursuant to an agreement to resolve employment‐related claims via arbitration, plaintiff filed demand for arbitration with JAMS on 6/13/2022. On 6/24/2022 JAMS issued a “Notice of Intent to Arbitration and Filing Fee Invoices” and serv...

Excerpt: ...aint (“SAC”) 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. 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 ...

Excerpt: ...bt related to a credit card account. Plaintiff presents the following facts in its separate statement: Defendant Loudes Bernal applied to Plaintiff for a credit card account and entered into a written credit card account agreement with Plaintiff for the account number ending in 7716. (UMF 1.) Defendant agreed to be bound by the terms and conditions set forth in the Cardmember Agreement at the time Defendant applied for, received or used the the C...

Excerpt: ...ed, managed, maintained, supervised, inspected, operated, and/or controlled” the sidewalk/premises where she was injured. (Compl. At p. 4.) On August 3, 2022, Plaintiff filed her Complaint against the City and other Defendants, alleging causes of action for general negligence and premises liability against the City. Defendant demurs to the First Cause of Action for negligence on the grounds that the cause of action as pled is improper and subje...

Excerpt: ...nt will be DROPPED from calendar due to defective service of notice which deprives the Court of jurisdiction to consider this matter. (Lee v. Placer Title Co. (1994) 28 Cal.App.4th 503, 509‐511.) Provided that that plaintiff files proof of timely, valid service of the moving papers at or before the hearing on this matter, the following will become the tentative ruling on this matter. Plaintiff/cross‐defendant US Alliance Federal Credit Union'...