Excerpt: ...l Hospital by a nurse. Plaintiff is a seventy‐two (72) year old man who was admitted to Mercy General Hospital in Sacramento in July 2020, after suffering a heart attack. (See Complaint at ¶ 8.) While in the hospital, post‐surgery, plaintiff was sexually assaulted by a nurse employed by Defendant Dignity. The nurse was employed at the time by Defendant Dignity. Plaintiff contends Dignity should have been aware of, and prevented, the assault ...

Excerpt: ...er”). Plaintiff alleges that in connection with the purchase, she received various warranties. During the warranty period, the Vehicle contained or developed various defects. NNA moves to compel arbitration pursuant to the Motor Vehicle Lease Agreement with Arbitration Clauss (“Lease”) which Plaintiff signed with the Dealer. NNA is not a signatory to the Lease. The arbitration provision provides: 1. EITHER YOU OR WE MAY CHOOSE TO HAVE ANY D...

Excerpt: ...quired that any disputes arising out of the Lease or relationship arising out of the Lease shall be resolved by binding arbitration on an individual basis, if either party so elects. (Lease, Exhibit 2 to Decl. of Ali Ameripour ("Ameripour Decl.").) Defendant contends the arbitration provision in the Lease requires Plaintiff to arbitrate the claims against non‐signatories such as MBUSA, because Plaintiff asserts a claim that arises out of or rel...

Excerpt: ...ing and the parties should be prepared to point to specific evidence which is claimed to show the existence or nonexistence of a triable issue of material fact. *** Defendants/Cross‐Complainants/Cross‐Defendants Stockton Blvd. Property LLC (“Stockton Blvd.”), Broadstone Land, LLC (“Broadstone”), and Tri Property Management Services, Inc. (“Tri Property”) (collectively “Moving Parties”) motion for summary adjudication is ruled ...

Excerpt: ...to the data recorder in Circle's vehicle, three and a half seconds before the collision, Circle was traveling 86 miles per hour.' The speed limit at the subject location is 40 miles per hour. At the same time that Circle was zooming down Coloma Road at more than double the speed limit, Defendant Adam Bills ("Bills") attempted a left turn from southbound Georgetown Drive onto eastbound Coloma Road. Bills testified he looked to his left before init...

Excerpt: ...and negligent hiring, supervision and retention. Plaintiff alleges that she is an African American female and was employed as a Manager of Utilization Review. In December 2019, Plaintiff was informed that one of the employees under her leadership was acting belligerent and that her co‐workers were fearful. The employee, Irene Morrison (“Morrison”), is also an African American female. Plaintiff visited the worksite to observe Morrison and le...

Excerpt: ... would "rent" the subject real property at 4476 Louvre Lane, Sacramento, CA from defendant by making all the mortgage payments and that when the house was sold the parties would share the proceeds. Plaintiff contends defendant breached the contract by failing to explain the increase in mortgage payments. Defendant contends that the contract cause of action fails to state facts sufficient to constitute a cause of action and is also uncertain. CCP ...

Excerpt: ...ntative ruling to Plaintiff Dimario Pickford within 48 hours of receiving it. 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 Plaintiff Dimario Pickford need not request oral argument. The Litigation Coordinator shall make Plaintiff Dimario Pickford available, by Zoom telephonically, at 9:00 a.m. on the date of the continued...

Excerpt: ... with the plaintiff and that the debt is owed by Goodrum. Defendant contents the judgment must be set aside on the following grounds: (1) inadvertence, surprise, mistake, or excusable neglect; (2) service of summons did not result in actual notice; (3) judgment was obtained through fraud by the Plaintiff; (4) the relief sought is not supported by the allegations in the complaint; and (5) lack of jurisdiction due to fact that proof of service was ...

Excerpt: ...ss. 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 submitted in support of or in opp...

Excerpt: ...ent for an indoor cannabis cultivation operation. (FACC, ¶¶ 11‐13.) AGS alleges it provides highly customized climate control systems which require design work. (FACC, ¶¶ 8 and 19.) AGS alleges Adel breached the contract by paying only 50% of the total contract price and failing to make the second installment payment due at the time of shipping. (FACC ¶¶ 17‐20.) In order to provide Adel an opportunity to pay the second and third install...

Excerpt: ...ontinental Financial Network, Baker Group, Kelbaker Inn, Shoshore Partners, Halloran Pros (collectively “Named Defendants”), and All Persons Unknown, Claiming Any Legal or Equitable Right, Title, Estate, Lien, or Interest in the Property Described in the Complaint Adverse to Plaintiffs Title, or Any Cloud on Plaintiffs Title Thereto (“Unknown Defendants”) by publishing the summons and complaint in the Sacramento Gazette, a newspaper of ge...

Excerpt: ...Superior Court (2008) 169 Cal.App.4th 744, 761.), Moreover, the Court notes Plaintiff cites to these decisions only as authority that a motion for summary adjudication for an interlocutory judgment in a partition action is procedurally proper. (See Memorandum, p. 4:2‐5.) As there is no contention that the instant motion is procedurally improper, the trial court decisions have no relevance to any issue currently in dispute. Defendant Khalid Yusu...

Excerpt: ...Complaint (“FAC”).) Defendants are automobile dealerships. (FAC, ¶¶ 3‐4.) In August 2021, Plaintiff purchased the subject vehicle. (FAC, ¶ 9.) Plaintiff alleges the vehicle has a bad engine that needs to be replaced. (FAC, ¶¶ 12‐13.) Plaintiff alleges the salesman misrepresented the condition of the vehicle and expressly, falsely stated the engine was in great condition and did not need any mechanical attention. (FAC, ¶¶ 10‐11.) ...

Excerpt: ...s objections to evidence as they are immaterial to the Court's decision. Legal Standard In evaluating a motion for summary judgment or summary adjudication the Court engages 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 motio...

Excerpt: ... ("Defendant") and therefore whether the Court may properly consider this motion. On January 22, 2021 Defendant filed a notice of stay indicating this action has been automatically stayed as the result of Defendant's petition for bankruptcy pending before the United States Bankruptcy Court for the Eastern District of California. (ROA 66.) There is no formal indication in the record that the stay has been lifted. However, on September 21, 2021, ba...

Excerpt: ...gument on January 19, 2023 at 1:30 pm. Appearance will be by ZOOM. Department 53 Zoom ID is: 161 4650 6749. To appear on Zoom by phone, call (833) 568‐8864 and enter 161 4650 6749#. Appearance is required. Self‐represented incarcerated Plaintiff Delbert Smith's motion to “add ‘amendment to a complaint'” is granted. Plaintiff alleges that he was injured as an inmate porter at California State PrisonSacramento. His form complaint appears ...

Excerpt: ...fore the court, for settlement of the case, or part thereof, the court, upon motion, may enter judgment pursuant to the terms of the settlement. If requested by the parties, the court may retain jurisdiction over the parties to enforce the settlement until performance in full of the terms of the settlement." (CCP § 664.6(a).) Moreover, “a party moving for the entry of judgment pursuant to a settlement under Code of Civil Procedure section 664....

Excerpt: ...ghboring property owners. Plaintiffs initially filed this action on August 6, 2020 and included the following nine causes of action: (1) breach of contract; (2) fraud; (3) general negligence; (4) conversion; (5) adverse possession; (6) trespass; (7) invasion of privacy; (8) intentional infliction of emotional distress; and (9) breach of the implied covenant of good faith and fair dealing. Defendants filed a demurrer to the initial complaint on Ja...

Excerpt: ...t's premises located at 1402 O Street, Unit A. Plaintiffs' First Amended Complaint [“FAC”] alleges 12 causes of action concerning the habitability of the unit they rented. On August 3, 2022, the Court sustained without leave to amend Defendant's demurrer to Plaintiffs' eleventh cause of action for violation of Business and Professions Code §§ 17200 et seq. (ROA 48.) The instant motion seeks multiple alternative forms of relief regarding the...

Excerpt: ... with California Rules of Court rule 3.1110(f)(3) which requires that each paper exhibit be separated by a hard 8 ½” x 11” sheet with hard paper or plastic tabs extending below the bottom of the page, bearing the exhibit designation. Plaintiff also failed to comply with California Rules of Court, rule 3.1350(g), which requires the evidence be separately bound in a single volume of evidence (including declarations) and have a table of content...

Excerpt: ...y, the Court combines its rulings on the demurrer and the motion to strike into this single tentative ruling. MEET AND CONFER OBLIGATIONS Code of Civil Procedure (“CCP”) section 430.41(a) requires a party seeking to file a demurrer to meet and confer “in person or by telephone” with the party who filed the pleading that is subject to demurrer for the purposes of determining whether an agreement can be reached that would resolve the object...

Excerpt: ...laintiff alleges that he is an African American male that was discriminated and retaliated against by the County while working in the Waste Management Department under the leadership of Nav Gill and Doug Sloan. Recently, Nav Gill has retired under scrutiny for his treatment of minorities. (Complaint, ¶ 1.) Plaintiff alleges that he was hired in January 2008 as a Sanitation Worker. In 2014, he was promoted to Landfill Equipment Operator (“LEO�...

Excerpt: ...on matters. *** Plaintiff's motion to compel Defendant Global Consortium Group, LLC's ("Defendant") further responses to form interrogatories is ruled upon as follows. The Court notes that Defendant's opposition does not appear in the Court's register of actions. Thus, Defendant did not file an opposition to the motion. Plaintiff, however, filed a reply to Defendant's opposition. Therefore, Defendant served its opposition on Plaintiff. Based on P...

Excerpt: ...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 California Department of Corrections and Rehabilitation's (“CDCR”) motion for summary judgment, or in the alternative, summary adjudication is ruled upon as follows. I. Overview This is FEHA employment retaliation action. Plaintiff Anthony Pennella (“Plaintiff”) alleges ...