Excerpt: ...r 24, 2019. The motion filed by Raymond Harrell was originally on calendar on November 6, 2019 but continued to this date so the motions could be heard concurrently. The Court is well familiar with this litigation. This matter stems from a property dispute between two neighbors. Plaintiff is a landowner who alleged multiple causes of action stemming from Defendant's use of an outdoor target range on his property. Plaintiff sought substantial mone...

Excerpt: ...ng. See CRC 2.551(b)(4)(5). The Court previously granted a similar motion based on an earlier filed motion for summary judgment (See Minute Order, Dept 53, March 19, 2109) That motion was dropped and a new motion with a slightly different format and paging was filed. Therefore, this motion refers to the same information filed in connection with the currently pending motion for summary judgment. The records that Defendant moves to seal are the con...

Excerpt: ...suant to the Song‐Beverly Consumer Warranty Act “shall be allowed by the court to recover as part of the judgment a sum equal to the aggregate amount of costs and expenses, including attorney's fees based on actual time expended, determined by the court to have been reasonably incurred by the buyer in connection with the commencement and prosecution of such action.” (Civ. Code § 1794(d).) “[E]xpenses” includes items beyond the “costs...

Excerpt: ...ontact Plaintiffs' counsel forthwith and advise them of Local Rule 1.06 and the Court's tentative ruling procedure. If Sutter's counsel is unable to contact Plaintiffs' counsel prior to the hearing, they shall 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). Request for Judicial Notice The parties' respective requests for judicial no...

Excerpt: ... of the Summons did not result in actual notice (CCP §473.5); that service of the Summons did not result in actual notice in time to defend action brought by a debt buyer (Civ. §1788.61); and under the inherent equitable powers of the court to craft a remedy. Defendant was served by substitute service on April 5, 2019 at 3835 Breuner Place, Sacramento. Default was entered on May 28, 2019 and Default Judgment was entered on July 1, 2019. Defenda...

Excerpt: ... defendants' Answer was prepared September 17, 2019 and sent to the court for filing. However, counsel received a notice on October 3, 2019 that the Answer was rejected from filing because default had been entered on September 20, 2019. (Declaration of Jared Walker). Counsel, who also represents plaintiff, never received a phone call from cross‐defendant, an attorney, prior to the entry of default. Whenever an application for relief is made no ...

Excerpt: ...result of the contractual waiver of subrogation provision contained in the contract between Plaintiff the general contractor, Davis/Reed Construction, Inc. and RJA. Davis/Reed contends RJA breached and negligently performed its HVAC sub‐contract for work on the Ice Block Project ("Project") both of which have resulted in damage to Davis/Reed. Indian Harbor filed its Complaint In Intervention, containing a single cause of action for Subrogation,...

Excerpt: ... Street, and was "holding or controlling funds from which to pay costs due or to become due to the general contractor, Davis Reed. (RJN, Exh. 1, ¶ 45.) When Cemco was not paid, Cemco asserts that it "served by first class mail pre‐paid on [the Bank] a stop payment notice signed and verified by Cemco." (RJN, Exh. 1, 46.) Cemco does not allege that any bond equal to 125 percent of its claim, accompanied the stop payment notice. (See RJN, Exh. 1,...

Excerpt: ..., as specified in the Proof of Service execute by Shawn Sardia dated December 12, 2017. Plaintiff concedes that the proof of service bears an incorrect address as the place of service for Defendant Ross. Defendant Ross indicates that he was alerted by his boss to the potential of a subrogation claim being filed against him related to an automobile accident. He declares that he searched the court's record for any action, and located the present ac...

Excerpt: ...ne or more claims for damages, or one or more issues of duty..." CCP 437c(f)(1). In this case, the parties presented a signed stipulation pursuant to CCP 437c(t) that the court may determine the issue of whether non‐economic damages may be recovered in this case. The court signed the order on stipulation permitting this motion before the motion was filed pursuant to CCP 437c(t). In this action arising out of an automobile accident, plaintiff se...

Excerpt: ... manufacturer of the Vehicle violated the Song‐Beverly Act by failing to repair or replace the vehicle after multiple attempts. On April 10, 2019, Plaintiffs served Defendants with RFPs. (Morse Decl. Ex. A.) Plaintiffs' RFP nos. 30‐33 seek documents evidencing customer complaints by owners of 2013 Dodge Challenger vehicles for similar defects as those alleged by Plaintiffs. (ID.) On June 19, 2019, Defendant served its responses to the RFPs. (...

Excerpt: ...a Randall's (“Plaintiff”) Motion for Leave to file an amended complaint. The Court noted that BP had a pending motion for summary judgment in its ruling on Plaintiff's Motion for Leave. Plaintiff then filed the First Amended Complaint (“FAC”) on September 27, 2019, which is now the operative pleading. Nothing in the moving papers, or the Court's records, indicates the applicability of BP's motion to the FAC. (See Perry v. Atkinson (1987) ...

Excerpt: ...ath. The present action is brought by the decedent's wife and several adult children. The complaint purports to assert causes of action against various defendants for elder abuse, negligent infliction of emotional distress (“NIED”), violation of Patients' Bill of Rights, and wrongful death. Moving Papers. Defendants now move “pursuant to California Code of Civil Procedure §§1281.2 and 1295” to compel arbitration on the grounds that the ...

Excerpt: ...MSC December 18, 2019. The case was previously set to start trial on June 19, 2019, but the parties obtained a stipulated continuance in May 2019, based upon the plaintiff's then recent neck surgery in February 2019. Plaintiff had already had an initial neck surgery in May 2018. Defendants represented that they needed more to time to obtain plaintiff's medical records for her recent surgery, provide them to their experts and then to take expert d...

Excerpt: ...d appropriately inform Plaintiff that he was diagnosed with a specific communicable disease, which then resulted in a one week delay in diagnosis of an additional medical condition which resulted in harm to Plaintiff. Defendants thus requested the Plaintiff in special interrogatory No. 42 to identify any and all facilities where he had undergone a specific form of testing that could have discovered the communicable disease during the 10 years pri...

Excerpt: ...HH Mortgage Corp.'s (“PHH”) demurrer to Plaintiff Homer Black's complaint is ruled upon as follows. PHH's request for judicial notice is granted. In taking judicial notice of the recorded land documents, the court accepts the fact of their existence, not the truth of their contents. (Herrera v. Deutsche Bank Nat'l Trust Co. (2011) 196 Cal.App.4th 1366, 1375; Kalnoki v. First American Trustee Servicing Solutions LLC (2017) 8 Cal.App.5th 23, 36...

Excerpt: ...98 offer had provided that the amount of restitution would be determined by the Court if the parties could not agree. The CCP § 998 offer also indicated that FCA would pay Plaintiff's fees and expenses pursuant to Civil Code § 1794(d) in an amount to be determined by the Court if the parties could not agree. Ultimately the parties resolved the amount of restitution but were unable to resolve the amount of fees and costs. Plaintiff seeks $27,070...

Excerpt: ...Court also granted Plaintiff's motion to deem matters in its requests for admissions admitted and awarded $260 in monetary sanctions. Plaintiff seeks terminating sanctions on the basis that Defendant has not provided the Court ordered responses. For misuse of the discovery process, including as is the case here, disobeying a court order to provide discovery, the Court may impose a terminating sanction by one of the following: an order striking ou...

Excerpt: ...also failed to pay the monetary sanctions based on Plaintiff's motion to deem matters admitted. The Court may impose sanctions that are suitable and necessary to enable the party seeking discovery to obtain the objects of the discovery he seeks, but the Court may not impose sanctions which are designed not to accomplish the objects of the discovery but to impose punishment. (Caryl Richards, Inc. v. Superior Court (1961) 188 Cal. App. 2d 300, 304....

Excerpt: ...ction on October 16, 2018. On March 17, 2019, Plaintiff personally served the Complaint on Defendant Teague as an individual and as a corporate officer of Accrylic. (Peters Decl. Ex. A.) Plaintiff failed to serve Acrylic through its agent for service of process, who was registered with the California Secretary of State at the time of service. (Id. Ex. B.) On April 18, 2019, Plaintiff filed a request for entry of default and judgment against Defen...

Excerpt: ...days after service of the notice of motion to file an opposition to the motion. No opposition has been filed. Plaintiff's Complaint contains allegations that deficient flooring work was performed in the kitchen area of a Black Bear Diner restaurant which resulted in flooring defects. This action was originally filed with the Court over five years ago on July 25, 2014. Moving defendant Huff Construction was formally added to the Superior Court act...

Excerpt: ...ges two causes of action against Defendant for (1) premises liability, and (2) general negligence. The facts are as follows. On January 5, 2016, Plaintiff arrived at Defendant's store location on Bradshaw Road in Sacramento, California, with his daughter and five minor grandchildren. (UMF 3, 5.) Plaintiff entered the store with his family and wandered the store but did not buy anything. (UMF 7‐9.) Plaintiff's granddaughter Leann told Plaintiff ...

Excerpt: ...mber 6, 2018. On April 25, 2019, the Sacramento District Attorney's office filed felony charges against Dana Berry related to this incident, Case Number 19‐FE‐007262. (See Meyers Decl. at ¶10.) There was an arraignment on September 4, 2019 and on November 18, 2019 there will be a hearing to either enter a plea or set the case for trial. (See Meyers Decl. at ¶11) The moving papers seek a seek a stay of all civil discovery as to Dana Berry un...

Excerpt: ... appointing Plaintiff Donald Wright as class representative for purposes of settlement; 3. Preliminarily appointing the Shimoda Law Corp. as class counsel for purposes of settlement; 4. Preliminarily approving the proposed $350,000.00 class action settlement, which is incorporated herein by reference; 5. Preliminarily approving the application for payment to class counsel of attorneys' fees in the amount of $122,500.00 (35% of the Gross Settlemen...

Excerpt: ...o per. On August 14, 2019, the Court granted Defendant's unopposed motion to compel Plaintiff's responses to request for production of documents (set one), and ordered Plaintiff to serve verified written responses, without objections, by no later than October 10, 2019. (ROA 78.) Defendant's unopposed motion to compel responses to form interrogatories (set one) was denied because Plaintiff had served timely responses to form interrogatories. (Id.)...