Excerpt: ...cedure and the manner to request a hearing. The Court notes Plaintiff's motion did not include a proof of service. Defective service deprives the court of jurisdiction (Lee v. Placer Title Co. (1994) 28 Cal.App.4th 503, 509.) Nevertheless, the Court in its discretion will consider the merits of this motion as Defendant Regents of the university of California ("Defendant") has filed a substantive opposition and there does not appear to be any prej...

Excerpt: ...d. No opposition or reply were in the Court's file prior to the March 15, 2023. Defendant appeared at the hearing and indicated that it had opposed the motion even though there was no opposition in the Court's file. Plaintiff also indicated that a reply was filed, though again no reply was in the Court's file. The Court vacated the tentative ruling and ordered the parties to file their respective opposition and reply papers. In this lemon law act...

Excerpt: ...posing 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. This action arises out of an auto accident that occurred on June 20, 2018, on Riverside Boulevard in Sacramento when Plaintiff changes lanes in front of Defendant and then slammed on ...

Excerpt: ...he vehicle contains defects. In the original complaint, he alleged allege causes of action against Defendant for breach of warranties under the Song-Beverly Act and the MagnusonMoss Act and for fraud. Defendant filed a demurrer and motion to strike with respect to the original complaint on May 20, 2020. The demurrer was set to be heard on September 10, 2020. The Court issued rulings sustaining the demurrer with leave to amend and dropping the mot...

Excerpt: ...ntiffs allege they received written warranties and express and implied warrantes from Defendant in connection with the purchase of the Vehicle and that the complaint arises from the warranty obligations. (Comp. '15.) Plaintiffs allege they delivered the Vehicle to an authorized service and repair facility on numerous occasions for defects in the Vehicle, including transmission and electrical defects. (ld. 16, 18.) Plaintiffs allege Defendant fail...

Excerpt: ... 2023 and an "optional" reply was due on April 4, 2023. Defendants contend Plaintiff failed to answer certain questions at the Court ordered March 24, 2023, deposition. Defendants specifically assert that Plaintiff's counsel interposed numerous objections, attempted to testify for Plaintiff based on the objections, or instructed Plaintiff not to answer questions based on grounds that were not based on privilege. The March 24, 2023, deposition beg...

Excerpt: .... ("PBK"), DC Capital Partners, Gary Gery ("Mr. Gery"), and Lora Gery ("Mrs. Gery"). (ROA 1.) She filed the operative First Amended Complaint ("FAC") on February 3, 2022. (ROA 7.) Plaintiff alleges she is a former employee of PBK and worked as an assistant to Mr. Gery, PBK's managing partner. Plaintiff seeks damages for discrimination on the basis of sex, quid pro quo and hostile environment sexual harassment, retaliation, and failure to prevent ...

Excerpt: ...cording to Plaintiff, Defendant Cara Heagy has failed to pay the $40,000. Plaintiff now seeks to enforce the agreement pursuant to CCP S 664.6. CCP S 654.6 provides: "If parties to pending litigation stipulate, in a writing signed by the parties outside the presence of the court or orally before 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 ...

Excerpt: ...he ex parte order indicated that Defendant was to serve Plaintiff with the motion, personally or by email, no later than March 29, 2023. Defendant served the motion by email on March 29, 2023. There is no opposition in the Court's file and no reply. In this personal injury action Plaintiff alleges that she suffered injuries in a two- car accident which occurred on February 19, 2018. Plaintiff indicates that she suffers from PTSD, anxiety, and dep...

Excerpt: ...decisions and the Ninth Circuit's decision in Ngo v. BMW of North America, LLC (9th Cir. 2022) 23 F.4th 942 ("Ngo"), offered as persuasive authority, is granted. 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/or self-represented litigants and advise them of ü)cal Rule 1.06 and the Court's tentative ruling procedure and...

Excerpt: ...anted. In taking judicial notce of these documents, the court accepts the fact of their existence, not the truth of their contents. (See Steed v. Department of Consumer Affairs (2012) 204 Cal.App.4th 112, 120-121 [ "[W]hile the existence of any document in a court file may be judicially noticed, the truth of the matters asserted in those documents, including the factual findings of the judge who was sitting as the trier of fact, is not entitled t...

Excerpt: ...o, CA 95835 (the "Property") is ruled on as follows. Plaintiffs obtained a primary mortgage on the Property that is secured by a Deed of Trust ("DOT") recorded on December 3, 2004. (Complaint, 16.) The Complaint alleges that Defendants Specialized Loan Servicing, LLC ("SLS") and Deutsche Bank National Trust Company ("DBNTC") (collectively "First Loan Defendants") violated the California Homeowner's Bill of Rights by commencing nan-judicial forecl...

Excerpt: ...Northeast Partners v. Buice (1996) 49 Cal.App.4th 1576, 1582.) Here, Aaron Zepeda filed his Complaint on March 26, 2018, seeking partition of real property at 6914 Stoneman Drive in North Highlands, California. (ROA 1.) Plaintiff claimed he was the owner of an undivided one-half interest in the property, which was co-owned by Defendant. (Compl. 6-8.) Defendant filed a cross-complaint on April 18, 2018. (ROA 11.) Defendant's memorandum of points a...

Excerpt: ...y of the tentative ruling system and to be available at the hearing, in person or via Zoom, in the event Plaintiffs' counsel appears without following the procedures set forth in Local Rule 1.06(B). Here, Defendant seeks to strike portions of paragraphs 1 and 16 in the FAC, and portions of the Prayer for Relief, seeking punitive damages and concomitant special damages under the Elder Abuse Act, as well as treble damages pursuant to Civil Code sec...

Excerpt: ... to improperly gain control of NIVANO through various means, including stock purchases, control of the board of directors, and other means, by which Plaintiff alleges that Patel improperly and unjustly enriched himself and his family. In October 2021, Plaintiff served fts initial round of discovery, including special interrogatories. In April 2022, Plaintiff NIVANO propounded additional sets of discovery, including set two of the special interrog...

Excerpt: ...ntact opposing parties prior to hearing, moving counsel is ordered to appear at the hearing by Zoom or by telephone. The motion of Defendant Media Ocean, Inc. dba Lending Express ("Defendant') to quash service of summons and for dismissal of the action is denied. On March 30, 2023, after the deadline for a reply had passed, Defendant filed late objections to the declaration of Mario Moore. The objections are overruled as untimely. The objections ...

Excerpt: ...ing parties prior to hearing, moving counsel is ordered to appear at the hearing by Zoom or by telephone. The motion of Defendant Ford Motor Company ("Ford") to strike or tax costs claimed by Plaintiff Jose Guzman ("Plaintiff") is ruled on as follows. This acton was ultimately settled following Plaintiff's acceptance of an offer to compromise made pursuant to Code of Civil Procedure S 998. (Clayton Decl., '1 3.) On December 14, 2022, Plaintiff fi...

Excerpt: ...claim and costs to be determined. Plaintiff filed a Memorandum of Costs on December 28, 2022, and an Amended Memorandum of Costs on December 29, 2022. Plaintiff's Amended Memorandum of Costs seeks a total of $4,032.39, as follows: • Filing and motion fees - $478.50 • Jury fees - $200.50 • Deposition costs $1,209.67 • Service of process - $110 • Fees for electronic filing or service - $177.50 • "Other" - $1,855.22. Legal Standard In ru...

Excerpt: ...nd Frank were employed as finance salesmen, while Plaintiffs Williams and Nguyen were employed as vehicle salesmen. (Fensler Decl., 5-9.) As part of their employment, each Plaintiff signed agreements stipulating to submitting any employment-related claims to binding arbitration. (See Fensler Decl., 5.6- 9, and Exhs. A-D of Petition.) In this regard, the arbitration agreement states, in relevant part: "By signing my name below and/or by accepting ...

Excerpt: ... Plaintiff after the Court's approval of the parties' stipulation. (ROA 255.) According to the Register of Actions, the 5AC appears only as Exhibit A to the parties' stipulation. (ROA 255.) For the future, the Court directs the parties that in any instance where a stipulated order is sought for the filing of a pleading, upon Court approval of such stipulation, the pleading at issue must be separately filed thereafter. Nonetheless, here, it clearl...

Excerpt: ... Ford filed the demurrer. Boyd contends both the filing and service of the demurrer were"" ineffective and therefore the demurrer should be overruled in its entirety. However, the declaration of Ford's counsel reflects multiple attempts to meet and confer prior to filing of the moton but that defendant did not respond to Ford's correspondence. (See Decl Dean, dated October 19, 2022.) Therefore, the Court finds that the meet and confer was adequat...

Excerpt: ...s a single cause of action for general negligence. Plaintiff alleges that on October 31, 2019, he was arrested at his home at 2625 Meadowview Road. Plaintiff further alleges that the Sacramento County Sheriff's Deputy who transported him negligently secured him in the back of the vehicle, and when the Deputy had to slam on the brakes, Plaintiff was thrown forward, hitting his head on the plexiglass divider and injuring his head, neck, and upper b...

Excerpt: ...8, 2022, Defendants filed a motion to compel Plaintiff's further responses to various written discovery sets. (ROA 364.) The moton sought further responses to the followng discovery: (1) Dr. Haddadan's Form Interrogatories, Set One, Nos. 12.1 and 17.1; (2) Dr. Haddadan's Special Interrogatories, Set One, Nos. 2, 5-6, 12, 13, 16, 19, 22, 25, and 28 (3) Dr. Haddadan's Request for Admissions, set one, Nos. 5-14, 23-36, and 32; (4) Advanced Pain's Re...

Excerpt: ... a series of written agreements between the parties related to the development of solar technology and the sale and installation of solar panels for residential and commercial use. According to Plaintiffs, in 1986, Defendant founded a company called "Total Access Communications, Inc." In 1990, the company was suspended by the California Franchise Tax Board and never revived, and has thus been barred from conducting business since then. In 2013, D...

Excerpt: ... December 21, 2020 following a surgery to treat an ulcer. Complications arising from her surgery included delirium and hypglycemia for which she relied on defendants to provide her with the basic custodial care to address these conditions, including providing her with the insulin she previously administered to herself. Plaintiffs allege that staff was overworked, under-trained, and undersupervised, Ms. Smith was given 90 units of insulin - which ...

Excerpt: ...l issues in this motion provided nearly a week to respond, and Plaintiff provded multiple extensions to Defendant to respond, such that Defendant took fourteen (14) days to respond to the letter. Defendant declined the offer to meet and confer by telephone. (See Reply Decl. of Eliezer Cohen) Plaintiffs are two first grade students who allege that another first grade student engaged in inappropriate sexual contact with them while they attended Kin...

Excerpt: ...a writing signed by the parties outside of the presence of the court or orally before the court, for settlement of the case, or part thereof, the court, upon motion, may enter judgment pursuant to the terms of the settlement." (CCP S 664.6(a).) This is a debt collection action. Plaintiff and Defendant Keith Jones ("Defendant") entered into a written settlement agreement on or about December 13, 2021. (Karayan Decl., 3, Exh. 1 (hereafter, "Settlem...

Excerpt: ...om Trailers & Power Sports, Trinity Racing, Dynojet Research, Inc., and Does 1 through 100. Plaintiffs' initial complaint included three causes of acton: (1) strict liability; (2) negligence; and (3) breach of warranties. Plaintiffs allege that on September 26, 2020, they were traveling on a 2019 Polaris RZR Turbo S in Butte County when the vehicle spontaneously caught fire. According to the operative first amended complaint ("FAC"), Plaintiff To...

Excerpt: ...PCCP/Vrame, which in turn owns 100% of Gill Ranch, LLC ("Gill Ranch"). Gill Ranch owns real pro#rty located in Sacramento County, California. In 2017, Gill Ranch sold certain portions of real property burdened by various conservation easements to the Gansbergs. As part of the transaction, Gill Ranch reserved the right to encumber the Gansbergs' property with conservation easements. Plaintiffs contend that Vrame breached his fiduciary duty to them...

Excerpt: ...rrow any of requests or address the "compound" argument. The Court finds that defendant adequately met and conferred. Plaintiff's Objection to evidence offered in the Reply is overruled. The Reply papers do not raise new issues but are rather responsive to issues raised in the opposition. This is an action for partition in which plaintiff, who was in a romantc relationship with defendant for many years, alleges that he contributed to the down pay...

Excerpt: ...laintiff filed her Complaint against Defendant on February 7, 2022. Defendant filed its Answer to the Complaint on June 28, 2022. Trial is currently scheduled for April 15, 2024. By this motion, Plaintiff seeks to compel Defendant to produce its Person(s) Most Knowledgeable ("PMK") and documents responsive to Plaintiff's Notice of Deposition of Piaggio Group Americas, Inc.'s Person(s) Most Knowledgeable, With Production of Documents, pursuant to ...

Excerpt: ...OSED and GRANTED. Plaintiffs' request for judicial notice of all pleadings and papers filed in this achon is granted. In taking judicial notce 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 [judicial notice of findings of fact does not mean that those find-ngs of fact are true]; Steed v. Department of Consumer Affairs (2...

Excerpt: ...iffs allege causes of action for breach of contract and breach of the implied covenant of faith and fair dealing against Nationwide. They also allege a negligence cause of action against Nationwide, Bullseye Leak Detection, Inc., and American Leak Detection, Inc. They also allege a professional negligence cause of action against Nationwide and Ali Moradi. Plaintiffs allege they filed claims under their homeowners' with Nationwide regarding the wa...

Excerpt: ...") (collectively, "Plaintiffs") First Amended Complaint ("IAC") is ruled upon as follows. Defendants' request for judicial notice is granted. Factual and Procedural Background This action arises out of lease agreement entered into between NRH and Khyber LLC to lease the premises located at 1014 Riley Street, Suite 1, in Folsom, California (the "Premises") for a term of 10.5 years (the "Lease"). (IAC 16, Exh. A.) Mr. Ahmadzai executed a guaranty o...

Excerpt: ...states, LLC (2007) 152 Cal.App.4th 1106, 1117-18.) However, the Court does not accept the truth of any facts within the judicially noticed documents except to the extent such facts are beyond reasonable dispute. (ld.) In this action Plaintiff Monica Mitchell alleges numerous causes of acton against Defendant arising out of allegations that Defendant committed sexual assault and battery against her during medical treatment. Plaintiff also alleges ...

Excerpt: ...709.310 and Corporations Code section 17302 ("Section 17302"), Plaintiff argues that the Court should enter an order against Defendant, applying Defendant's interests in LSP toward the satisfaction of Plaintiff's Judgment against Defendant. Defendant opposes the motion. In opposition, also citing to Section 17302, Defendant argues that the Court can only charge the "assignable" membership interest of the judgment debtor to satisfy the judgment. p...

Excerpt: ...as 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. Moving Party's notice of motion does not provide notice of the Court's tentative ruling system, as required by Local Rule 1.06. Counsel for Moving Party is directed to contact the opposing party and advise counsel of Local Rule 1.06 and the Court's tentative ruli...

Excerpt: ... Department of ("CalTrans") demurrer to the first, second, third, fourth, fifth, sixth, seventh, and tenth causes of action of Plaintiff Jennifer Gagnon's ("Plaintiff") first amended complaint ("FAC") is ruled upon as follows. Overview This is an employment action. Plaintiff alleges that CalTrans hired her on June 2015 as an environmental planner in the Oakland office. (FAC, '1 18.) Plaintiff became pregnant in September 2015. She alleges that he...

Excerpt: ... a challenge to temporary regulations promulgated by CDCR that award inmates sentence-reducing credits for sustained good behavior, educational achievements, and participation in rehabilitative programming. CDCR adopted the regulations in accordance with Proposition 57, passed in 2016, which added Article l, section 32 to the California Constitution. Article l, Section 32 authorizes and directs the CXR to adopt regulations that award credits for ...

Excerpt: ... ("OCIC") and makes various other changes to clarify and organize the pleading. (See Notice; Plaintiff's Exh. 1.) As a general matter, "[tlrial courts are vested with the discretion to allow amendments in the furtherance of justice... That trial courts are to liberally permit such amendments, at any stage of the proceeding, has been established policy in this state...restng on the fundamental policy that cases should be decided on the merits." (H...

Excerpt: ...nty of Sacramento ("Defendant" and/or "County") produced the sought-after dtNument responsive to that RFP, so Plaintiff states in his reply that "the motion as to Request No. 171 is moot." (Reply 2:14-16.) The Court further notes that it did not consider the Declaration of Jill Telfer and the exhibits attached thereto filed in reply as they comprise new evidence to which Defendant has not had an opportunity to (See, e.g., Jay v. Mahaffey (2013) 2...

Excerpt: ...lda Guerrero; Emiliano Guerrero, a minor, by and through his guardian ad litem, Esmeralda Guerrero; and Plaintiff JPG (collectively "Plaintiffs") allege injuries and damages. (See generally Comp'.) Pertinent here, Defendant highlights that Plaintiff JPG identified in his responses to form interrogatories that his injuries include "[e]motional and mental distress affecting Plaintiffs body and mind, including as manifested through sadness, anxiew, ...

Excerpt: ...ompel arbitration as to Elk Grove Dodge but denying the motion to compel arbitration as to FCA (Sohal Decl., Exh. 1.) The Court's order also stayed the action pending resolution of the arbitration. (Ibid.) On December 8, 2022, Plaintiff voluntarily dismissed the claims against Elk Grove Dodge. (Sohal Decl., Exh. 2) Plaintiff now requests the Court lift the stay so that Plaintiff may proceed with its claims against FCA. Defendants oppose the moton...

Excerpt: ...s required by Local Rule 1.06(D). Counsel for Defendant is ordered to notify Plaintiffs' counsel immediately of the tentative ruling system and to be available at the hearing, in person or by telephone, in the event Plaintiffs' counsel appears without following the procedures set forth in Local Rule 1.06(B). The Court further notes counsel for Defendant has failed to comply with this rule on prior similar motions in other matters. Counsel is dire...

Excerpt: ...ourt'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 hearing in person, by Zoom or by telephone. While this Court granted on 2/14/2023 defendants' mo...

Excerpt: ...ly requested on this matter (i.e., before 4:00 p.m. today), it will take place beginning at 1:15 p.m. tomorrow, Tuesday, March 28, 2023. *** *** If oral argument is requested, the parties must at the time oral argument is requested notify the clerk and opposing counsel of the specific causes of action that will be addressed at the hearing. Counsel are also reminded that pursuant to local rules, only limited oral argument is *** Factual Background...

Excerpt: ...ng date shall automatically be continued one week plus one court day for oral argument. The contnuance 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 9m a.m. on the date of the continued hearing date, which will be Wednesday, April 5, 2023, to participate in oral argument. To appear on Zoom telephonically, ca...

Excerpt: ...btors: (1) The Retreat at Roya Green LLC; (2) Antonette Tin, also known as Antonette 8. Tin, Antonette Butlig Tin, and Antonette Fernando, an individual; and (3) Antonette Tin dba Precious Angels Care (collectively, "Defendants" or "Judgment Debtors"). (ROA 95.) Plaintiffs' moton is ruled upon as follows. Background Plaintiffs filed their complaint on August 17, 2018 alleging various wage-and-hour causes of action. Defendants filed their answer o...

Excerpt: ...tter (i.e., before 4:00 p.m. today), it will take place beginning at 1:15 p.m. tomorrow, Tuesday, March 28, 2023. *** *** If oral argument is requested, the parties are directed to notify the clerk and opposing counsel at the time of the request which of moving defendant's 24 undisputed Material Facts, which of plaintiffs' five (5) Additional Material Facts will be addressed at the hearing. The parties should be prepared to point to specific admi...

Excerpt: ...d. Objection Nos. 7 and 8 to the Declaration of Jason Louie are sustained. The remaining objections are overruled to the extent they involve evidence that was relevant to the Court's decision on the merits of the motion. Defendant's objections are overruled to the extent they involve evidence that was relevant to the Court's decision on the merits of the motion. Defendant's objections apply only to portions of Plaintiff's declaration and the tran...

Excerpt: ...oton does not provide the correct address for Dept. 53/54. Moving counsel failed to comply with CRC Rule 3.1350(b) and (h), requiring that issues presented for summary adjudication be stated in the notice of motion and repeated verbatim in the separate statement. Although the notice of motion provided notice of the Court's tentative ruling system as required by Local Rule 1.06(D), the notice does not comply with that rule. Moving counsel is direc...

Excerpt: ...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 hearing in person, by Zoom or by telephone. Moving counsel failed to comply with CRC Rule 3.111...

Excerpt: ... for plaintiffs' failure to bring it to trial within three years of commencement is ruled on 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...

Excerpt: ...led upon as follows. Opposing counsel failed to comply with CRC Rule 3.1110(b)(3)-(4). Factual Background This achon arises out of a 2020 motor vehicle accident on Interstate 5 in Elk Grove. According to the IAC, defendant Vargas-Zaragoza was at the time driving his employer's Ford F-150 with a load of rebar and lost control, striking several other vehicles. The IAC includes an "Exemplary Damages Attachment" which includes inter alia the followin...

Excerpt: ...e parties outside of the presence of the court or orally before the court, for settlement of the case, or part thereof, the court, upon motion, may enter judgment pursuant to the terms of the settlement." (CCP S 664.6(a).) This is a debt collection action. Plaintiff and Defendant Wee S. Chong ("Defendant") entered into a written settlement agreement on October 7, 2022. (Mulhorn Decl., 3, Exh. 1 (hereafter, "Settlement Agreement").) Plaintiff file...

Excerpt: ...ailed to comply with CRC Rule 3.1110(b)(3). Opposing counsel failed to comply with CRC Rule 3.1110(b)(4). Factual Background This action arises out of plaintiff's investments in defendants' business. The complaint filed on 8/24/2020 asserts causes of action for breach of contract, common counts, fraud, conversion and various statutory violations. Trial is currently set to commence on 5/9/2023 and this motion has been specially set on shortened ti...

Excerpt: ... related claims based on Defendant's reassigning him to a lesser office and clinical workspace follow-ng his surgery. Plaintiff alleges, in part, that he was wrongfully forced to participate in Defendant's Physician Assessment and Clinical Education ("PACE") program. (Second Amended Complaint ("2AC") '129-31.) Plaintiff contends the PACE program is designed for physicians with anger management issues, clinical incompetencies, medical record keepi...

Excerpt: ...nted. However, the Court only takes judicial notice of the existence of the records. Facts found by another court in its orders, findings of fact, or conclusions of law that were in dispute in that action should not be judicially noticed for the truth. ( Sosinsky v. Grant (1992) 6 Cal.App.4th 1548, 15T see also, Kilroy v. State of California (2004) 119 Cal.App.4th 140 (Third District Court of Appeal following the same).) In this action, Plaintiff...

Excerpt: ... Plaintiff electronically served Caltrans with the discovery requests on January 24, 2023, by email. (Scardigli Decl. '1 4, Exhs. 2-7.) Having received no response to the discovery requests, Plaintiff emailed Caltrans on March 1, 2023, to meet and confer and attached the requests. Plaintiff received an email notification response stating: "Your message wasn't delivered because the recipients email provided rejected it." (Scardigli Decl. 5, Exhs. ...

Excerpt: ...ant moves for summary judgment on the basis that it "did not own, possess or control the location where the subject incident occurred, and therefore did not owe any duty to Plaintiff with regard to that location." It also seeks summary judgment on the basis that Plaintiff "has no evidence to establish that the location of her accident was in an unreasonably dangerous condition, despite her fall" and that it "had no notce of any dangerous conditio...

Excerpt: ...dge Mennemeier recused himself pursuant to CCP S 170.1(a)(3)(A). The tentative ruling was vacated and the matter continued to today's calendar. The Court has reviewed the original tentative ruling and the Court adopts that ruling as its own. This action arises from a vehicle collision that occurred on May 21, 2021. Plaintiffs allege that their vehicle was rear-ended by a truck driven by Defendant Sharif Davalatberki ("Davalatberki"). Plaintiffs a...

Excerpt: ...t'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. On January 4, 2021, Alvernaz, entered into a Real Property Purchase and Sale Agreement with defendant George Blaufuss ("George"), then owner of record of the real property located at 15261 Nueva Drive, Rancho Murieta, California (the "Property"). (Alexande...

Excerpt: ...cant lot and a warehouse. Plaintiffs alleged they held fundraising events at the property. Plaintiffs allege Defendant ultimately demanded Plaintiffs remove their belongings and never served them with any notice of eviction. They allege Defendant changed the locks, refused them entry and discarded belongings, all without any notice of evicton. Plaintiffs now seek to file a supplemental complaint apparently on the basis that Defendant's recent leg...

Excerpt: ...rchase of a vehicle from Dealer pursuant to a Retail Installment Sales Contract ("RISC"). After purchasing the vehicle, the RISC was assigned to Bank of Stockton. Plaintiffs now seek to compel Defendants to arbitrate the dispute pursuant to an arbitration provision in the RSIC. The subject provision requires arbitration of "[alny claim or dispute, whether in contract, tort, or statute or otherwise (including the interpretation and scope of this A...

Excerpt: ...that her husband, Tim Constantine ("Decedent") was admitted to Defendant's nursing home for skilled nursing care ("Facility") related to his diagnosis of dementia. Plaintiff alleges that Defendant failed to establish and implement the state mandated infection control policies for COVID-19. Decedent contracted COVID-19 and died. Plaintiff filed her complaint on September 27, 2021. On October 27, 2021, Defendant removed this achon to Federal Court....

Excerpt: ...rety Company ("Western") (collectively "Defendants") on November 17, 2022. On December 12, 2022 Plaintiff filed the instant motion to compel all Westlake and Maadarani to arbitrate the claims asserted in this action. (ROA 5.) The requirements for service of a petition to compel arbitration are set forth in Cade of Civil Procedure S A motion to compel arbitration must generally be served in the manner prov-ded for in the arbitration agreement. (Co...

Excerpt: ...3.1113(d). As Elk Grove correctly argues in reply, the page limit does not include the caption page, table of contents, or table of authorities. (ld.) Excluding these pages, Elk Grove's opening memorandum complies with the page limit. The Court also rejects Plaintiff's argument that the motion should be denied because it was scheduled for more than 30 days after service of the motion as required by Code of Civil Procedure S 425.16(f). The statuto...

Excerpt: ...oy Anderson within 48 hours. The litigation coordinator is directed to have Plaintiff Troy Anderson available at oral argument on March 22, 2023 at 1:30 pm. Appearance will be by ZOOM. Department 53 zoom is: 1614650 6749. To appear on Zoom by phone, call (833) 568-8864 and enter 161 4650 6749#. Appearance is required. Defendant Governor Newsom's motion to dismiss is granted. Plaintiff filed his complaint on December 27, 2016 naming Defendant and ...

Excerpt: ...nd Aaliyah Knox (collectively "Plaintiffs") allege that their vehicle was fully stopped at a red light at the intersection of Franklin Boulevard and Brookfield Road, waiting to make a left-hand turn (westbound) onto Brookfield from the northbound turn lane of Franklin Boulevard. While waiting for the light to turn green, Non-Settling Defendant's vehicle was traveling southbound on Franklin Boulevard and Settling Defendants' vehicle was traveling ...

Excerpt: ...cility. Plaintiff propounded the subject discovery to Twin Rivers on September 21, 2022. (Underwind Decl., '1 5.) Twin Rivers to the requests entirely with objections. (underwood Decl., 7, Exh. 3.) Following minimal meet and confer efforts, Plaintiff brought the instant motion for an order finding Twin Rivers' objections lack merit and compelling Twin Rivers to provide further responses. Twin Rivers opposes the motion. A party may move to compel ...

Excerpt: ...ya Evans, a minor and by and through her GAL Montoya Day ("Amaya"), Patrick Evans, and Jovan Warner's (collectively "Defendants") demurrer to Plaintiff Cali Thibedeau, a minor by and through her GAL Stefanie Thibedeau's ("Plaintiff") verified first amended complaint ("FAC") is ruled upon as follows. Overview Plaintiff attends Natomas Park Elementary School. (FAC, 17.) She is not a member of Snapchat and has no social media accounts. (FAC, 18.) Pl...

Excerpt: ...ot 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.) Procedural History Plaintiff initiated this achon on February 23, 2022 by filing a petition for relief from the provisions of Gov't Code SS 945.4 and 945.6. ("Petition") (ROA 1.) Plaintiff paid the required $435 first appearance fee. The Court granted the Petiton ...

Excerpt: ...g a motion, except for a motion listed in rule 3.1114, must serve and file a supporting memorandum. The court may construe the absence of a memorandum as an admission that the moton or special demurrer is not meritorious and cause for its denial, and in the case of a demurrer, as a waiver of all grounds not The Court also notes that the declaration of Defendant's counsel purports to attach exhibits, but no exhibits are attached. (See Kawakami Won...

Excerpt: .... The Court declines to rule on the remaining objections, as the subject evidence is immaterial to the disposition of the moton. (See CCP S 437c(q).) Background This is a personal injury action involving an alleged trip- and-fall that occurred on July 19, 2018. Plaintiff's complaint includes a single cause of action for negligence and alleges that Defendants negligently designed, constructed, maintained, used, controlled, managed, and/or supervis...

Excerpt: ...** Plaintiff Elden Thomas' ("Plaintiff") motion to compel Defendant Irish Construction's ("Defendant") further responses and responsive documents to Request for Production, Set Five, is ruled upon as follows. This is an employment retaliation and discrimination acton. Plaintiff contends that after he complained of discrimination, bullying, and harassment, Defendant retaliated against him and terminated him. (Telfer Decl. '12.) The parties entered...

Excerpt: ...that his office served Plaintiffs with the subject discovery on or about June 1, 2022. (Mahlstedt Decl., 2.) Counsel also states that a copy of subject discovery is attached as Exhibit A; however, no exhibits are attached to counsel's declaration. Therefore, Defendant has failed to establish that it served Plaintiffs with discovery to which Plaintiffs did not respond. The Court also notes that, at least in the typical motion to compel responses o...

Excerpt: ... and wrongful death against Dr. Singh and several other defendants. Concurrent with this motion to seal, Dr. Singh has moved for summary judgment as to Plaintiffs' entire complaint. Via this motion, Dr. Singh seeks to file under seal the following documents related to the motion for summary judgment: (1) Portions of Dr. Singh's memorandum of points and authorities (ROA 76); (2) Portions of the Declaration of Dominique A. Pollara (ROA 75); and (3)...

Excerpt: ...filed in July 2018 named Sandra Herbert as an heir defendant by virtue of being the decedent's daughter. Ms. Herbert was personally served with the Summons and First Amended Complaint in September 2018 but she has to date neither filed nor served a written response to the complaint. In February 2022, plaintiffs filed a motion for an order to show cause why Ms. Herbert should not be dismissed from this action. Although the 2022 motion was unoppose...

Excerpt: ...Sharif Davalatberki ("Davalatberki"). Plaintiffs allege Mr. Davalatberki was driving the truck on Defendant Amazon Logistics, Inc.'s ("Amazon") and Defendant Tojikon, Inc.'s ("Tojikon") behalf. The traffic collision report indicated that Amazon was the motor carrier and Tojikon was the owner of the vehicle. (Park Decl. 'l Exh. 1.) Amazon's opposition argues that it is a "stretch" to believe that a police offcer would know how to correctly identif...

Excerpt: ...al architecture system and the transmission. Plaintiff seeks to compel Defendant to produce a person most knowledgeable ("PMK") with respect to 35 topics. The subject PMK topics deal with repairs to the subject vehicle, technical service bulletins related to the alleged defects, recalls, refusal to repurchase the subject vehicle, warranty policies, repair procedures, etc. Plaintiff first noticed a PMK deposition for a May 6, 2021 date but then se...

Excerpt: ...first amended complaint ("FAC") on January 13, 2022. (ROA 21.) The FAC includes what appears to be four causes of action: (1) "personal injury for impersonation"; (2) violation of California Civil Code section 52.1; (3) breach of contract; (4) a second breach of contract claim. According to the FAC, from June 30, 2016 to June 12, 2019, Plaintiff resided as a tenant at a boarding house in Sacramento called Pete's Place. (FAC, 1.) Defendants George...

Excerpt: ... for judicial notice is granted as to requests 14 which consist of the complaint, Defendant's amended answer, the recorded grant deed for the Property, and the recorded severance of joint tenancy regarding the Property. Defendant did not oppose these requests. However, the request for judicial notce is denied as to requests 5-10, as to which Defendant objected. Request 5 consists of portions of Defendant's deposition testimony which as explained ...

Excerpt: ...tion and she discovered shortly after the sale that the car needed a new engine. Ms. Mendias filed her Complaint against Sayed and Old Republic as surety, on April 20, 2022, and the operative First Amended Complaint on June 15, 2022. Ms. Mendias alleges claims for violation of the Consumers Legal Remedies Act, violation of the Song-Beverly Consumer Warranty Act, violation of Business & Professions Code S 17200, intentional misrepresentation, resc...

Excerpt: ...luding EGUSD and Mr. Johnson, Los Rios Community College Districts, Consumnes River College, and the student I.J. Plaintiffs allege causes of acton for negligent supervision of students and school premises; violation of California Constitution Article 1, and Education Code S 8202; assault and battery; and negligent infliction of emotional distress. Plaintiffs allege I.V. and I.J. were students at Valley High School, an EGUSD campus, of which Mr. ...

Excerpt: ...f trial. (Code Civ. Proc. S 437c(3).) Trial is currently scheduled for March 20, 2023. As the hearing on this moton is scheduled for only five days before trial, the Court may properly consider it only if the hearing date was properly scheduled closer to trial based on a finding of good cause. Based on the trial date of March 20, 2023, the last day to hear a motion for summary judgment would ordinarily be Friday, February 17, 2023. The City filed...

Excerpt: ...Cal.App.3d 1259, 1271.) A demurrer "tests the pleadings alone and not the evidence or other extrinsic matters." (SKF Farms v. Superior Court (1984) 153 Cal.App.3d 902, 905.) "If the complaint states a cause of achon under any theory, regardless of the title under which the factual basis for relief is stated, that aspect of the complaint is against demurrer." (Quelimane Co. v. Stewart Title Guaranty co. (1998) 19 cal.4th 26, 38-39; Bagatti v. Dept...

Excerpt: ...int on January 26, 2021, which alleges causes of action for general negligence and professional negligence. Plaintiff alleges that she came under the care of Defendants for dental services and suffered serious complications from a lidocaine injection, which complications included lockjaw. (Complaint, Attachment to Cause of Acton — Professional Negligence.) Defendants move for summary judgment on the ground Plaintiff cannot establish breach of t...

Excerpt: ...NOPPOSED and GRANTED. SSR and Seefeldt filed their operative second amended complaint ("SAC") on October 24, 2018. Plaintiffs assert causes of action for fraud, conversion, theft, breach of fiduciary duty, misappropriation of proprietary information, negligence, indemnity, fraudulent conveyances, financial elder abuse, and constructve trust. Co-defendant Garth Covert was dismissed on November 8, 2018. SSR is a corporation acting as an insurance b...

Excerpt: ...al date was set for October 11, 2022, and trial is currently set for October 2, 2023. However, as the issue was not raised in the opposition, the Court presumes for the purposes of this motion that the parties have agreed to extended deadlines. Pursuant to Code of Civil Procedure section 2024.060: Partes to an acton may, with the consent of any party affected by it, enter into an agreement to extend the tme for the completion of discovery proceed...

Excerpt: ... to file certain portions of the moving papers unsealed. The Court cannot properly consider the portions of the papers for which the order to seal was denied until Defendant has had an opportunity to determine whether those portions of the papers should be filed unsealed or returned to Defendant and not filed. (Cal. Rules of Court, rule 2.551(b)(6).) Further, Defendant's decision as to whether to file portions of the moving papers unsealed or whe...

Excerpt: ...ust be separated by a hard 8 h" x 11" sheet with hard paper or plastic tabs extending below the bottom of the page, bearing the exhibit designation. This acton arises from a purchase order that DGS issued on March 27, 2020, to buy personal protective equipment ("PPE") from Bear Mountain. Bear Mountain filed its original Complaint against DGS on December 15, 2020, alleging a single cause of achon for breach of contract. Bear Mountain alleges it ac...

Excerpt: ... on March 22, 2023 at 1:30 pm. Appearance will be by ZOOM. Department 53 Zoom ID is: 1614550 6749. To appear on Zoom by phone, call (833) 568-8854 and enter 161 4650 6749#. Appearance is required. Defendant Governor Newsom's motion to dismiss is granted. Plaintiff filed his complaint on December 27, 2016 naming Defendant and over 50 other defendants. Defendant moves to dismiss this action pursuant to CCP SS 583.310 and 583.360 for failure to brin...

Excerpt: ... owner of the vehicle operated by Defendant Driver. (Complaint, 13 and 23-27.) Defendant rented the vehicle to Defendant Cynthia Ann Cowles, who in turn gave possession of the vehicle to Defendant Driver. (Ibid.) Plaintiffs allege Defendant knew or should have known that Defendant Driver would be given possession of the vehicle, that Defendant Driver was addicted to drugs and alcohol and that Defendant Driver was likely to drive the vehicle under...

Excerpt: ...oving 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, 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. Factual Background Plaintiff Murphy filed this achon on 6/16/2022, after sufferi...

Excerpt: ...pposing counsel prior to the hearing, moving counsel is ordered to appear at the hearing by Zoom or by telephone. Plaintiff's counsel is admonished for failing to comply with CRC rule 3.1110(f)(4). Exhibits must be separated by hard paper or with plastic tabs extending below the page. Specially appearing Defendant Robert Grasso's ("Grasso") motion to quash service of summons and complaint is ruled upon as follows. Background This is an alleged ch...

Excerpt: ...ry action by filing a complaint on October 5, 2022. In the complaint, Plaintiff alleges that on October 6, 2020, as she was exiting the vehicle being operated by an unidentified Uber driver, the driver drove away before Plaintiff completed her exit, resulting in Plaintiff being dragged by the vehicle and suffering injury. (Complaint, p. 5.) Plaintiff served the complain on Uber on October 12, 2022. (ROA 7.) On November 4, 2022, Uber's counsel sen...

Excerpt: ...UNOPPOSED and 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 Defendant and advise her of üJcal Rule 1.06 and the Court's tentative ruling procedure and the manner to request a hearing. If moving counsel is unable to contact Defendant prior to hearing, moving counsel is ordered to appear at the hearing by Zoom or by t...

Excerpt: ...prior to hearing, moving counsel is ordered to appear at the hearing by Zoom or by telephone. Defendants Laurie and Paul Rogers, et al.'s (collectively "Rogers") motion for summary judgment or in the alternative, summary adjudication of the six (6) causes of action alleged against them in plaintiff Twinley Ventures, LLC's complaint is ruled upon as follows. *** If oral argument is requested, the parties are directed to notify the clerk and opposi...

Excerpt: ...me scheduled to occur just a three days later. Plaintiff's complaint purports to assert against a law firm now known as Carr McClellan P.C. ("CM") and Fidelity National Title Company ("FNT") causes of action for declaratory relief relative to a 2012 secured promissory note for $6W,OW and a 2020 amendment, for cancellation of deeds of trust and for "Injunctive Relieve [sic]." Moving Papers. Plaintiff's primary argument is that "the foreclosure pro...

Excerpt: ...collectors. In 2012, LVNV sued Plaintiff based on a debt it had purchased from Bank of America. (4AC, "1 14-15.) A default judgment was entered against Plaintiff resulting in a lien being placed on Plaintiff's real property. (4AC, 15-17.) Plaintiff discovered the lien in early 2015 when she attempted to refinance her home. (4AC, 18.) Plaintiff only remember having one account with Bank of America, which she believed to be the account that resulte...