Excerpt: ...d motion to have its requests for admissions deemed admitted. When the moving party is the plaintiff, there is only one ground for a motion for judgment on the pleadings: "the complaint states facts sufficient to constitute a cause or causes of action against the defendant and the answer does not state facts sufficient to constitute a defense to the complaint." (C.C.P. 438(c)(1)(A).) The grounds for the motion shall appear on the face of ...

Excerpt: ...t, rule 3.769(g).) Plaintiff Takeese Williams ("Plaintiff") seeks final approval of the Joint Stipulation of Class Action and PAGA Settlement and Release ("Settlement," "Agreement," or "Settlement Agreement") entered into by and between Plaintiff, individually and on behalf of the Class, on the one hand, and Defendants The Kassity Organization, Daniel Kassity, and Tara Kassity d/b/a McDonald's ("Defendants&...

Excerpt: ... amend. Cross‐ Defendants' request for judicial notice is granted. (See Poseidon Devel., Inc. v. Woodland Lane Estates, LLC (2007) 152 Cal.App.4th 1106, 1117‐18; see also Stratford Irrig. Dist. 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 ...

Excerpt: ...r husband separated, he executed a quit claim deed transferring all of his interest in the property to plaintiff. A judgment of divorce was entered in March 2013, giving the property to plaintiff but it is alleged that she was subsequently coerced into signing a stipulation to sell the property and in July 2017, the ex‐husband obtained an order from family court directing the sale of the property. It is alleged that the prospective buyers offer...

Excerpt: ...Pacific Credit Services ("Kelstin") on March 11, 2019. (See Acknowledgment of Assignment of Judgment, p. 2, ROA # 21.) Kelstin then renewed the judgment on April 2, 2019. (ROA # 21, 22.) Defendant timely filed a motion to vacate renewal of judgment on April 23, 2019, claiming the underlying debt was forgiven in 2014. Specifically, Defendant states the original creditor, Travis Credit Union, issued him a 1099‐C form dated July 8, 2014, f...

Excerpt: ... underlying judgment, the Declaration of Covenants, Conditions, and Restrictions (“CC&Rs”) between the parties, and Civil Code section 685.040. Defendant debtors purchased property that was subject to the CC&Rs, which provided in relevant part that they shall pay all costs and attorneys' fees incurred by Plaintiff in seeking to collect any assessments and other amounts. (CC&Rs, attached as Ex. 1 to the Req. for Judicial Not., ¶ 8.1.) On Janu...

Excerpt: ...on the Yuba River in Yuba County. Plaintiffs filed this action after the Department stopped a contractor hired by Plaintiff South Yuba Water District from performing excavation on the Yuba River. Plaintiffs filed the original complaint on June 28, 2018, and the first amended complaint on October 9, 2019. On March 29, 2019, the Court granted a special motion to strike the claims against Tina Bartlett and Nancee Murray. Defendants now move to recov...

Excerpt: ...aterial to its decision on the motion. The Court, in its discretion, reaches the merits of Defendants' motion notwithstanding their failure to file a separate statement with their moving papers as required by California Rules of Court, rule 3.1345. (A separate statement was untimely filed May 17, 2019.) Since only one discovery request is at issue, the failure to timely file a separate statement did not prejudice Plaintiff in its ability to respo...

Excerpt: ...inst Defendant on July 19, 2017, alleging breach of the implied warranty of habitability as to his apartment unit. At that time, he was represented by counsel. Plaintiff was then charged with two criminal counts and was taken into custody by Sacramento County. In his criminal proceedings, Plaintiff was adjudicated mentally incompetent to stand trial, pursuant to section 1370(a)(2) of the Penal Code. (ROA 27.) Plaintiff is currently residing at th...

Excerpt: ...er a motion for relief made after that period has elapsed. The six‐month period runs from entry of default, not entry of judgment. (Manson, Iver & York v. Black (2009) 176 Cal.App.4th 36, 42.) Here, Defendant's motion is untimely since he filed it years after default was entered, and the Court has no jurisdiction to rule on the motion. Although the Court has the inherent power to grant equitable relief based upon extrinsic mistake or fraud ...

Excerpt: ...ing to Maciora, Starrs signed "false" verifications to MEC Inc.'s responses to Special Interrogatories and Request for Admissions. The motion is DENIED since Maciora fails to proffer legal authority that an OSC may be entered in such a circumstance. Indeed, with respect to request for admissions, the proper procedure for an allegedly unjustified denial is a motion for sanctions after trial. (CCP §2033.420(a).) The minute order is eff...

Excerpt: ... since it appears that service is defective. This is an elder abuse action. Plaintiffs have named the above Moving Defendants and co‐defendant Laticia Peralez (“Peralez”) as defendants in this action. The Moving Defendants have filed answer. Peralez has not filed an answer. The caption of this motion as well as the notice of motion/motion identifies the Moving Defendants as the parties moving to compel arbitration. The notice of motion/moti...

Excerpt: ...") and the second in December 2017 for $410,000 relating to property on Walnut Avenue in Sacramento ("December Note"). According to the exhibits attached to the operative First Amended Complaint ("1AC"), it appears loans were made by AAJV to VPP with co‐defendant Johnny Estrada ("Johnny") and Africa Estrada ("Africa") each signing as a "managing member" of VPP and also each signing separate personal g...

Excerpt: ...ve Planning Commission ("Commission") protesting the proposed construction of a Buddhist monastery in Elk Grove. California's anti‐SLAPP statute is intended to strike down actions based on constitutionally‐protected free speech and participation in public hearings. Plaintiffs Dat Minh Ma and Lee Vo contend in the opposition that Defendant's motion is "moot" because they filed a request for dismissal. The plaintiff file...

Excerpt: ...19, the Court denied moving parties first motion to set aside default brought on the same grounds, without prejudice. The motion was denied because there was no declaration from defendant to support her excusable neglect. (See Minute Order Department 53, March 30, 2019.) The proof of service states that defendant was personally served with the summons and complaint on November 13, 2018 at 7:40 p.m.. Default was entered on December 13, 2019 at 8:5...

Excerpt: ...claims. For the reasons outlined below, the motion is continued to June 12, 2019 at 9:00 a.m. in this department. The Court notes that potentially confidential information, including banking information, has been repeatedly filed including, inter alia, as Exhibits A and B to the Declaration of Frederick S. Saul in support of the opposition to this motion, and this information has been viewable by the public since its filing. Counsel is reminded t...

Excerpt: ...stantial compliance with the Code of Civil Procedure. The motion is ruled on as follows. Factual Background This action arises from a motor vehicle accident that occurred in 2016. Plaintiff filed his lawsuit on December 15, 2017, and served form interrogatories, requests for production, and requests for admissions on Defendants on June 22, 2018. Plaintiff thereafter agreed to an open‐ended extension for Defendants to respond to discovery in ord...

Excerpt: ... brings the instant motion pursuant to Code of Civil Procedure section 2031.285 on the ground that CB&T's counsel inadvertently produced attorney‐client privileged email communications to Plaintiffs in response to Plaintiffs' request for production of documents, set one. CB&T then invoked section 2031.285's clawback procedure by serving a clawback request to Plaintiffs explaining the basis of CB&T's privilege claim. Plaintiffs failed to file CB...

Excerpt: ...cember 15, 2017, and served form interrogatories, requests for production, and requests for admissions on Defendants on June 22, 2018. Plaintiff thereafter agreed to an open‐ended extension for Defendants to respond to discovery in order to explore potential settlement. In early 2019, trial was scheduled for July 22, 2019. On February 20, 2019, Plaintiff's counsel's email response regarding scheduling mediation included the following: “Also, ...

Excerpt: ...shed below: Plaintiff Maleehai Rodriguez's motion for an order “directing Defendants to Comply with the Court's February 6, 2019 Order to Produce Documents” is ruled upon as follows. On February 6, 2019, this Court granted Plaintiff's motion to compel further responses with respect to certain requests for production. Relevant to the instant motion, Defendants Confie Seguros Insurance Services and Sacramento Auto Insurance Center were ordered ...

Excerpt: ..., Set One Nos. 7, 12, 18, 23‐25, 38‐41, and 54. The requests seek documents that are relevant to Plaintiffs claims under the Song‐Beverly Consumer Warranty Act ("Song‐Beverly Act"). Plaintiff alleges that his 2012 Dodge Ram, which was manufactured and distributed by Defendant, suffers from widespread defectsincluding the Engine Defects and that Defendant has been unable to repair his vehicle within a reasonable number of attempts....

Excerpt: ...iation under CFRA, disability discrimination under FEHA, retaliation under FEHA and age discrimination under FEHA. Plaintiff was employed by Defendant as Senior Manager of Inpatient Operations in the Pharmacy Department and claims that she was terminated because she had cancer or because she made complaints about a plan to restructure her position when she returned from medical leave. Defendant's separate statement includes the following. Plainti...

Excerpt: ...Defendants are entities that allegedly owned, managed, and/or controlled the shopping center where the incident occurred. Plaintiff seeks leave to file a first amended complaint adding new causes of action for violation of the ADA, violation of the Elk Grove Municipal Code, violation of the Streets and Highways Code, violation of the Unruh Act, violation of Public Accommodations Law, and she also seeks to add prayers for injunctive relief and pun...

Excerpt: ...action for interpleader based on competing claims made upon it as to rent payments for a cell site where its telecommunications equipment is located. It requests an order that it deposit current and future rental payments with the Clerk of the Court. Plaintiff makes no claim against that sum. (CCP § 386.6(a).) Old Republic is entitled to dismissal form the complaint in interpleader upon deposit of the $7,500 with the Court. (CCP § 386.5.) Plain...

Excerpt: ... Kolyadich, the sellers of the home, for allegedly failing to disclose defective conditions in the home. Specifically it is alleged that the Kolyadich defendants failed to disclose that a granny suite was not permitted, that siding on the house was installed without permits, that the height of the granny suite's ceiling is not up to code, that the main beam in the ceiling of the residence's living area is not up to code which will require the roo...