Excerpt: ...of Civil Proc. § 430.10(a); and (2) the Complaint is uncertain and ambiguous as to its cause of action against CalPERS Code of Civil Proc. § 430.10(f). Plaintiff seeks Declaratory Relief to establish CalPERS wrongfully adjusted and reduced disability retirement; that CalPERS wrongfully claims that Plaintiff owes CalPERS money, and has already wrongfully seized and converted to its own account over $3,000 of Plaintiffs justly due retirement paym...

Excerpt: ...he Stipulation because he has filed to close escrow and pay the purchase price for 2201 Brunton Way, Sacramento, CA, the subject real property, by October 31, 2018. Verkhovodov argues that the Court should enter judgment “against Plaintiff” requiring him to pay $165,000, pay his prorated share of property taxes, disgorge any rents he collected from Verkhovodov's tenants, and pay Verkhovodov's attorney's fees and costs for bringing the present...

Excerpt: ...led by Plaintiff's previous counsel and that when he was retained he decided to dismiss the action without prejudice and file an entirely new complaint. Plaintiff's counsel declares that he made this decision without consulting Plaintiff because it was a tactical decision that did not impair Plaintiff's rights, as a new complaint would be within the applicable statute of limitations. (Jacobs Decl. ¶¶ 6‐8) Pursuant to the plan, Plaintiff's cou...

Excerpt: ...ween itself and Defendant Phanh Nyothsom. (Smith Decl. Exh. A.) Pursuant to the settlement, Defendant agreed to pay Plaintiff $200 on or before the 27th day of each month commencing July 27, 2018, and continuing each month thereafter until paid in full ($6,452.38.) Defendant is in default because he failed to make payments as required. Defendant's last payment was made October 19, 2018. (Smith Decl. ¶ 5.) Defendant currently owes Plaintiff $5,92...

Excerpt: ...lled and operated the SUBJECT PREMISES. On 4/13/2017, Defendant filed its verified answer to the complaint. With respect to paragraph 5, Defendant answered "Defendant admits the allegations of that paragraph." Defendant now moves to amend paragraph 5 to deny the allegations. According to Defendant's counsel, "on December 19, 2018, while preparing responses to the supplemental discovery‐specifically, form interrogatory 15.1 that ...

Excerpt: ...urt 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; Steed v. Department of Consumer Affairs (2012) 204 Cal.App.4th 112, 120‐ 121.) I. Overview The Association alleges that Washington is a former board member of the Association and subject to its CC&Rs. Plaintiff alleges that for the last six months, Washington has been doing the following: ∙ Inte...

Excerpt: ...n an area where there allegedly was no signage warning of towing. He also alleged that Defendants caused him to be arrested by the police. He alleges causes of action under the Vehicle Code relating to towing companies, conversion, trespass to chattels, conspiracy and abuse of process premised on allegations that Cross‐ Complainants attempted to collect an unlawful towing fee and caused misdemeanor charges to be filed against him. Cross‐Compl...

Excerpt: ...ov is alleged to be Sunrise's owner, manager, alter‐ego. Plaintiff alleges that Sunrise agreed to sell the vehicle for $6,200 plus taxes and fees. Gerasnekov prepared, and Plaintiff signed the handwritten Retail Installment Sale Contract (“Handwritten RISC”). She alleges that the Handwritten RISC was not completely filled out, and Gerasnekov informed her that he needed to finalize the financing electronically. She alleges that the Handwritt...

Excerpt: ...dants Woodside Homes, Inc. and Woodside Homes of Northern California, L.P. (collectively “Defendants”) to compel arbitration is GRANTED, and the civil action is STAYED, as follows: Defendants' request that the court disregard the opposition as untimely is DENIED given the absence of prejudice. Plaintiff Alison Adkison (Plaintiff) filed this employment dispute in March 2018. Defendants contend that Plaintiff must arbitrate her legal claims aga...

Excerpt: ...�Defendants”) for summary judgment or, in the alternative, summary adjudication of issues is DENIED. Defendants' request for judicial notice of the original complaint is DENIED as irrelevant. Overview This case presents an employment dispute. The plaintiff is Veronica Neal (Neal). In the first amended complaint (FAC), Neal alleges that she is a registered nurse in her 60's. She also alleges that she is disabled under the FEHA but can perform nu...

Excerpt: ...follows Michaels' promotion and subsequent demotion while employed by CalPERS. She alleges that, after working as a Staff Services Manager (SSM) I for several years, she was offered an out‐of‐class assignment with CalPERS as a Data Processing Manager (DPM) II. Michaels accepted the appointment and worked as a DPM II for a term that, after being extended once, ended in February 2015. After the appointment formally ended, however, she continued...

Excerpt: ... *** Plaintiff/Cross‐ Defendant Nivano Physicians, Inc.'s (“Nivano”) demurrer to Defendant/Cross‐Complainant David Scribner's (“Scribner”) first amended crosscomplaint (“FACC”) is ruled upon as follows. Overview In its complaint, Nivano alleges it is a large Independent Practice Association (“IPA”). In December 2016, Nivano hired Scribner to be general counsel to Nivano Care Medical Group (“NCMG”), a medical group associat...

Excerpt: ...om National General. He alleges that at the time he purchased the policy he did not have any individuals of driving age living in his residence. (FAC ¶ 8.) He alleges that on April 25, 2017, Plaintiff was in an automobile collision. (Id. ¶ 11.) Plaintiff filed a claim with National General and was asked whether any adults of driving age lived in the same residence as him and he responded that an adult of driving age had recently moved in. (Id. ...

Excerpt: ...ng out of the mental health treatment he received from her following his June 26, 2015 incarceration. Specifically, Plaintiff alleges that on October 14, 2015 and January 6, 2016, Ms. Williams denied him psychiatric treatment. Plaintiff asserts two medical negligence claims. In plaintiff's first claim, he alleges that on October 14, 2015, he requested psychiatric treatment and Ms. Williams denied him adequate treatment. He alleges that Ms. Wi...

Excerpt: ... filing papers in this court. Copies of papers filed with the court must be served on parties that have appeared in the action or, if the parties are represented, then on their counsel of record. In addition, written proof that such service was made must be filed with the court prior to hearing. (See Sacramento County Superior Court Local Rule 2.30(E).) Future failures to serve papers could result in adverse rulings, including rulings that papers...

Excerpt: ...owed money secured by the property at 898 San Ramon Way, Sacramento, California 95684. They defaulted on their loan, and their servicer at the time, Bank of America, caused recording of a notice of default in March 2008. In July, 2008 a notice of trustee's sale was recorded. A foreclosure sale was held August 21, 2008. The loan's owner, BoNYM, obtained title through a credit bid. A trustee's deed upon sale was recorded September 4, 20...

Excerpt: ...her Dockery, Jr., for injuries she sustained after allegedly hiring them to transport her to her home. Among other things, she alleges that each defendant negligently maintained the vehicle and thereby caused the collision. (See Compl., ¶ 8.) She also advances theories of negligence based on the defendants' ownership, entrustment and operation of the vehicle. (See id.) Hertz demurs on grounds that the allegations are uncertain, fail to state a v...

Excerpt: ...amlin (Hamlin) (collectively “Plaintiffs). The SAC contains a single cause of action for legal malpractice. Plaintiffs allege that they are beneficiaries of a family trust (the “Trust”). They contend that, after each of the original trustees died, Defendants failed to take certain actions in relation to the Trust. Among other things, Plaintiffs allege that (1) Defendants failed properly to advise the surviving trustee after the other truste...

Excerpt: ... defendants breached the commercial lease and guaranty. The Cross‐complaint alleges that plaintiffs/cross‐ defendants failed to disclose that the prior tenant of the space leased by cross‐complainant Kiene was a dry‐cleaner that operated their business using PERC, a known environmental toxin. Cross‐complainants had leased the space to operate a fly fishing business. Crosscomplainants contend they relied on the concealment/misrepresentat...

Excerpt: ...ressed at the hearing. Counsel are also reminded that pursuant to local rules, only limited oral argument is permitted on law and motion matters. *** 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 ...

Excerpt: ...ow will be addressed at the hearing. Counsel are also reminded that pursuant to local rules, only limited oral argument is permitted on law and motion matters. *** 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 heari...

Excerpt: ...unsel and advise them 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 or by telephone. Factual Background This action arises out of a dispute relating to TSCS, an LLC which operates a restaurant and bar in Sacramento. Plaintiffs are two of the founding members in ...

Excerpt: ...ic discovery requests that will be addressed at the hearing. Counsel are also reminded that pursuant to local court rules, only limited oral argument is permitted on law and motion matters. *** Moving counsel failed to comply with CRC Rule 3.1345(c) inasmuch as the moving separate statement failed to include the definitions of various terms used in the underlying discovery requests and Rule 3.1345(c) clearly requires the separate statement to inc...

Excerpt: ...s the lanes and directly into plaintiffs' path of travel. Plaintiffs have propounded discovery but defendant's counsel has indicated defendant is mentally incapable of responding and may be suffering from Alzheimer's disease. Plaintiffs have issued a subpoena to UC Davis Medical Center seeking defendant's records which pertain to “Dementia and or Alzheimer's [sic].” Defendant now moves to quash the subpoena on various grounds including that i...

Excerpt: ...for the benefit of the parties and counsel but in Judge Rodda does not find it to be a reason for recusing himself from this matter. *** *** If oral argument is requested, the parties are directed to notify the clerk and opposing counsel at the time of the request which of the three issues submitted for summary adjudication, which of moving defendant's 20 Undisputed Material Facts and/or which of plaintiff's 19 Additional Material Facts will be a...