Excerpt: .... Facts and Procedural History This case arises out of Plaintiff Lisa Vaughn's [“Plaintiff”] alleged injury caused by a dangerous condition existing at the dental office where she was employed by CrossDefendant. Plaintiff claims she rolled her desk chair into a hole in the cement floor, causing her to fall out of the chair and sustain injury. Plaintiff alleges CrossComplainants leased the property to Cross‐Defendant (her employer). Plaintif...

Excerpt: ...emurrer to Plaintiffs' Second Amended Complaint: [This action] appears to be premised on the recording of liens, specifically Notices of Pending Enforcement Action ("NOPEA") against [Plaintiff Nabil Samaan's] properties by the County of Sacramento and various employees. Plaintiffs appear to allege that the liens were recorded as a result of the fact that Samaan was successful in an earlier lawsuit. Plaintiffs allege they were denied permits to bu...

Excerpt: ...negligence‐wrongful death and survival action pursuant to CCP §377.30. Plaintiffs also seek punitive damages against the corporate defendants, Fedex Ground Package System, Inc. and Poly & Lyn Trucking, Inc. By this motion, Plaintiffs Heriberto Mosqueda, Sr. and Gladis Paola Barrera (collectively “Plaintiffs”) move to compel defendant Fedex Ground Package System, Inc.'s (“Defendant”) further responses to request for production nos. 1‐...

Excerpt: ...medical treatment Plaintiff received at Kaiser's Sacramento Medical Center Emergency Department following an accident resulting in injury. Specifically, Plaintiff alleges a male Radiological Technologist named Kenya Besancon (“Besancon”) sexually assaulted and battered Plaintiff while performing an X‐ray procedure on November 13, 2020. Plaintiff filed the action on January 6, 2021, alleging a single cause of action for violation of Civil Co...

Excerpt: ...ember 8, 2018, between Plaintiff, Plaintiff's sister, and Plaintiff's sister's boyfriend at a Food for Less store in Lathrop, CA. Plaintiff alleges that he called 911 concerning the incident and that when the City of Sacramento Police Department arrived, they unlawfully detained him, assaulted him, and denied him medical care, assuming he was the offender. (SAC at p. 5.) Plaintiff filed the original complaint on June 14, 2021, and the First Amend...

Excerpt: ...unable to contact opposing counsel prior to the hearing, he 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 tentative rulings), in the event opposing counsel appears without following the procedures set forth in Local Rule 1.06(B). Appellee's motion for order to release money held by the Court's registry is ruled upon as follows. Factual & Pro...

Excerpt: ...led the motion. Plaintiff has since filed a supplemental declaration confirming the parties have met and conferred but did not resolve the issues raised in this motion. Accordingly, the Court now considers the motion on its merits. Plaintiff asserts that judgment on the pleadings is appropriate in light of the Court's August 17, 2022 order deeming admitted Plaintiff's requests for admission that Plaintiff has a right of judgment on all causes of ...

Excerpt: ...o CCP § 425.16(c) is ruled upon as follows. On October 12, 2022, this Court granted Defendants' special motion to strike the Complaint under CCP § 425.16 (“anti‐SLAPP Motion”). (ROA 52.) The Court's order indicates that any request for fees should be sought by a separately noticed motion. ( Ibid.) Judgment was entered in Defendants' favor on October 20, 2022. (ROA 59.) The Court attached the October 12 order to the Judgment. (Ibid). On Oc...

Excerpt: ...an River College in Sacramento. Plaintiff also hired Defendant Terracon Consultants, Inc. (“Terracon”) to provide geotechnical engineering services on the project. Webcor hired Cross‐Defendant Watry Design (“Watry”) to provide architectural and design services on the project. Webcor also hired Cross‐Defendant Duran and Venables (“Duran”) to provide grading services. Plaintiff provided Webcor with Terracon's geotechnical report for...

Excerpt: ...ounsel for all other parties and advise them 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 counsel for the other parties prior to hearing, moving counsel is ordered to appear at the hearing by Zoom or by telephone. The notice fails to state the grounds upon which it is made as required by Code of Civil Proced...

Excerpt: ...decision of the Contractors State License Board (“CSLB”) is granted. (See Acre v. Kaiser Foundation Health Plan, Inc. (2010) 181 Cal.App.4th 471, 484.) Tricon and IFIC's request for judicial notice of a CSLB order denying motion to stay or continue disciplinary proceedings is also granted. However, the Court does not take judicial notice of the truth of any factual finding contained therein. (Sosinsky v. Grant (1992) 6 Cal.App.4th 1548, 1564�...

Excerpt: ...tely of the tentative ruling system and the manner to request a hearing. If Nissan is unable to contact Plaintiff prior to hearing, Nissan is ordered to appear at the hearing. Nissan's request for judicial notice is granted. Plaintiff's request for judicial notice is granted. Plaintiff filed this lemon law action against Nissan on October 2, 2019, arising out of Plaintiff's purchase of a 2016 Nissan Titan (the “Subject Vehicle”) from Nissan o...

Excerpt: ...able to contact opposing counsel prior to hearing, moving counsel is ordered to appear at the hearing by Zoom. Plaintiff Kimberly Wilson's (“Plaintiff”) motion to compel further responses to request for admissions and form interrogatories is ruled upon as follows. In this personal injury action, Plaintiff alleges that she was rear‐ ended on June 11, 2019 by Defendant Charles Peter Hershey while he was in the course and scope of his employme...

Excerpt: ...presented evidence that a residential property owned by Respondent was in substandard condition and had been the subject of several complaints related to large accumulations of trash and debris in plain view of the public. As a result, the City red‐tagged the property as uninhabitable and instituted this action to appoint a receiver to handle the abatement of the property. On April 14, 2021, the Court granted the petition and approved of Petiti...

Excerpt: ...very; (3) conversion; and (4) breach of guaranty. Plaintiff alleges that it entered into an agreement to lease a 2015 Lamborghini Aventador Roadster to Defendant PVCR, LLC (“PVCR”). (Complaint, ¶ 7.) After PVCR defaulted on the lease, Plaintiff discovered that PVCR was a suspended LLC and that Defendant, who is PVCR's principal and guarantor of the lease, had misrepresented the nature and health of PVCR's business in securing the lease agree...

Excerpt: ...nd fraudulent misrepresentation, with a claim for intentional interference with contract being voluntarily dismissed. Plaintiff asserts that it specializes in recovering and supplying refrigerants, utilizing unique equipment which is either specially ordered or modified in a proprietary manner, and that while employed by plaintiff, defendant Meindersee made purchases through the former's password‐protected account but had the parts delivered to...

Excerpt: ...ponses and responsive documents from Plaintiff in pro per Aldon Bolanos (“Plaintiff”) to Defendants' Request for Production of Documents (“RFPD”), Sets One and Two, 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 procedur...

Excerpt: ... against Defendant for dangerous condition of public property in connection with her injuries from sustained on the public sidewalk adjoining the 800 block of Plaza Avenue in Sacramento, California. The instant motion seeks summary judgment. The FAC alleges that “on or about December 2, 2018, Plaintiff [] was seriously injured on the sidewalk abutting 2501 Del Paso Boulevard while walking on the 800 block of Plaza Avenue in the City of Sacramen...

Excerpt: ...ime of the request which of moving defendant's 34 Undisputed Material Facts, which of opposing plaintiff's 15 Additional Material Facts, and which of the parties' respective objections to evidence will be addressed at the hearing. The parties should be prepared to point to specific admissible evidence which is claimed to show the existence or non‐existence of a triable issue of material fact. *** Moving counsel failed to comply with CRC Rule 3....

Excerpt: ...tion. Plaintiff appeared at oral argument, and the Court continued the matter to today's date. The Court directed Plaintiff to file an opposition by December 16, 2022. Plaintiff filed a "response" on December 16, 2022. Plaintiff's “response” is defective in a number of ways. First, Plaintiff failed to submit a declaration in support of his opposition. Instead, he submits unauthenticated exhibits. Defendant's objections to evidence are SUSTAIN...

Excerpt: ...(ROA 1.) Plaintiff alleges she and Defendant each own 50% of the real property and hold title as joint tenants. (Id., ¶¶ 12, 14.) Plaintiff and Defendant were deeded the property as joint tenants on September 22, 2016. (Id., ¶ 16.) Plaintiff has spent approximately $49,053 maintaining the property, while Defendant has failed to maintain his half. (Id., ¶¶ 17‐18.) Plaintiff desires to sell the property and Defendant has refused the request....

Excerpt: ...m Plaintiff Jason and Yolanda Abernathy's [“Plaintiffs”] purchase of and subsequent sale of real property located at 6066‐6068 Ogden Nash Way, Sacramento [“Subject Property”] and Plaintiffs' allegation that Defendants wrongfully obtained a deed of trust from Plaintiffs and recorded the same. Defendants married in June 2006 and Defendant Dolores Mouras [“Dolores] is Plaintiff Yolanda Abernathy's [“Yolanda”] older sister by 13 years...

Excerpt: ... Plaintiff as a patient. Accompanying Plaintiff's Complaint is a document entitled “Memorandum of Points and Authorities in Support of Relief [sic] to Vacate the Judgment [sic] Case No. 34201600204210 [and] Petition for Writ of Coram Nobis.” There is no accompanying motion to this document. The Court has reviewed this document only for context and underlying facts relevant to Defendant's instant demurrer. On December 1, 2016, Plaintiff filed ...

Excerpt: ...he statutory mandate. Plaintiff's counsel is reminded that the meet‐and‐confer requirements of Code of Civil Procedure §430.41 are not optional and s/he is required to participate in the meet‐andconfer efforts “in person or by telephone” even if s/he disagrees with the challenge to the pleading. Factual Background This is a personal injury action arising out of a trip‐and‐fall incident occurring on 5/16/2021. Although not explicitl...

Excerpt: ...tter was a police officer employed by District. The complaint purports to assert eight separate causes of action, four against defendant Winchester and four against District. The claims against District include Battery, Negligence, Intentional Infliction of Emotional Distress, and Violation of the Bane Act (Civ. Code §52.1). The complaint specifically alleges in Paragraph 4 that this lawsuit is timely pursuant to the ten‐year limitations perio...