Excerpt: ... only limited oral argument is permitted on law and motion matters. *** Both moving and opposing parties failed to comply with CRC Rule 3.1110(b)(3)‐(4). Factual Background Plaintiff in pro per Riley filed on 11/10/2021 a complaint purporting to assert against several defendants including but not limited to Mitchell (and the Law Offices of Christie Mitchell) a total of 13 causes of action for (1) false imprisonment; (2) assault; (3) negligence;...

Excerpt: ...ge that Defendant operated the long‐term acute care hospital where Joseph Pacheco was allegedly neglected which ultimately led to his death. At issue on Plaintiffs' motions are Defendant's responses to form and special interrogatories and request for production. The Court must note that while Plaintiffs ostensibly filed three separate motions for each set of discovery, they filed a single memorandum of points and authorities which does not refe...

Excerpt: ... Center of Sacramento and Windsor Haysac Holdings, LLC's (collectively "Defendants") motion to compel arbitration and stay action is DENIED. The Court did not consider Plaintiffs' opposition which was filed on June 20, 2022 and did not include a proof of service. Nonetheless, the Court concludes that the motion should be denied even if unopposed. This is an elder abuse, negligence, wrongful death and Violation of Patient Rights action brought by ...

Excerpt: ...��), Plaintiff alleges that Defendants own real property at 221 Richards Boulevard (“Subject Property”). Plaintiff leases the Subject Property pursuant to a commercial lease (the "Lease"). Plaintiff alleges that Defendant Safelite Fulfillment, Inc. leases other real property from Defendant which is adjacent to the Subject Property. Plaintiff alleges that it leased the Subject Property to use for its corporate headquarters and that its loading...

Excerpt: ...ng Plaintiff's insured on September 25, 2020. Plaintiff alleges that its insured collided with a street sign due to a lack of visible warning signs. Plaintiff alleges that Defendant is liable for the loss based on a dangerous condition of property under Government Code § 835. In Plaintiff's original complaint filed on September 2, 2021, it alleged that it submitted a government claim with the City on October 2, 2020 and that the City rejected th...

Excerpt: ...int on August 19, 2019. Plaintiff alleges causes of action against Defendants Heritage Inn of Sacramento, LLC, et al. for conversion, trespass to chattels, and intentional infliction of emotional distress. He appears to allege that he was a long‐ term guest at a hotel owned by Defendants and that an unknown person broke into his storage locker and stole his property in December 2015. Defendants served their motion for summary judgment on March ...

Excerpt: ...Background In this action, Citizens Insurance Company of America (“Citizens”) seeks declaratory relief as to Defendants' alleged duties to defend and indemnify Citizens' direct insured, David Alley, and damages and reimbursement from Defendants based on equitable subrogation, equitable indemnity, and equitable contribution arising out of the lawsuit titled Hacienda Del Rio, Inc. v. David Alley, individually and in his capacity as Trustee of t...

Excerpt: ...de. (See Complaint.) After engaging in formal discovery and conducting an investigation the parties participated in mediation with Lisa Klerman serving as the neutral. (Han Decl., ¶¶ 12‐15.) With the assistance of the mediator, the parties reached a proposed Confidential Settlement Agreement and Release (the “Settlement”). (Han Decl., ¶¶ 9, 15‐16 and Exh. 2.) The Labor Workforce Development Agency (“LWDA”) was timely notified of t...

Excerpt: ...rmer employees of Defendant Bahn Thai, Inc. (dba Thai Basil Café / Veg Café & Bar) (“Defendant”). According to Plaintiff's Complaint, Defendant required Plaintiff and similarly situated employees (“Plaintiffs”) to work without paying them for all the time they were under Defendant's control and required Plaintiffs to use their personal cell phones for work without reimbursement. (Complaint, (¶¶ 8, 108.) Also, Plaintiffs were not affor...

Excerpt: ... drug activities and prostitution at property located at 1319 30th Street, Sacramento, California (the “Property”). LEG was the owner of the Property. 2002 Investors had a commercial lease to operate a hotel business at the Property. The underlying case resolved on June 25, 2015, following the entry of a stipulated judgment (“Stipulated Judgment”). (See Compendium of Evidence (“COE”) Exh. 1.) The Stipulated Judgment requests the Court...

Excerpt: ...t BP Fund A, LLC ("BP Fund A"). The Complaint alleged (1) failure to furnish accurate itemized wage statements, and (2) entitlement to penalties under the Private Attorneys General Act ("PAGA"). On or about January 8, 2021, Peterson filed a First Amended Complaint which added Plaintiff Willie Sumpter, Jr. and defendant Blaze Pizza Operation, LLC, and removed Plaintiff Peterson as a Class Representative. (ROA 16.) Defendant Blaze Pizza Operation, ...

Excerpt: ...pel arbitration where a written agreement to arbitrate exists and a party to the agreement refuses to arbitrate, unless the party seeking to compel arbitration has waived the right to arbitration. “[A]rbitration is a matter of consent, not coercion.” (Pinnacle Museum Tower Assn. v. Pinnacle Market Development (US), LLC (2012) 55 Cal.4th 223, 244 [145 Cal.Rptr.3d 514, 282 P.3d 1217].) “The party seeking arbitration bears the burden of provin...

Excerpt: ...ent insurance application issued by the State of California, Employment Development Department (“EDD”) and the eligibility requirements set forth on the EDD's website is DENIED. The documents are not “facts and propositions that are not reasonably subject to dispute and are capable of immediate and accurate determination by resort to sources of reasonably indisputable accuracy.” “Simply because information is on the Internet does not me...

Excerpt: ...ase.” (Jay v. Mahaffey (2013) 218 Cal.App.4th 1522, 1535.) “[S]ection 425.16 requires that a court engage in a two‐step process when determining whether a defendant's anti‐SLAPP motion should be granted. First, the court decides whether the defendant has made a threshold showing that the challenged cause of action is one ‘arising from' protected activity. [] If the court finds such a showing has been made, it then must consider whether ...

Excerpt: ...fault judgment is void on its face. Defendant cites, inter alia, Code of Civil Procedure section 473(d) as a basis for the Court setting aside the default and default judgment. Specifically, Defendant contends that he was served with a series of documents by Plaintiff Theodore White (“Plaintiff”) on or around March 28, 2018. Plaintiff contends in opposition the documents served on Defendant included the Second Amended Complaint [“SAC”], a...

Excerpt: ...mmenced by plaintiff in pro per Hobson‐Jones on 10/4/2021. On 12/9/2021 plaintiff filed a proof of service which avers that substituted service of summons & complaint was effected on defendant Ha on 11/18/2021 at 8980 Boulder Glen Court in Sacramento. On 1/28/2022 plaintiff filed a request for entry of default against defendant Ha and the default was entered on the same date. No default judgment has to date been entered. Moving Papers. Defendan...

Excerpt: ...e back seat passengers in the subject vehicle when it left the roadway and rolled over, killing Ms. Wood and injuring her son. Phoenix Kaplow filed the action individually and as Ms. Wood's Successor in Interest, by and through his Guardian ad litem, Trina Kaplow (“Plaintiff”). Plaintiff alleges that at the time of the accident, cross‐ defendant Jennifer Corrine Domingo (“Domingo”) was driving the subject vehicle, which was owned by cro...

Excerpt: ...Defendant] to obtain relevant medical records, that the information sought is relevant to the subject matter involved in the pending action or is reasonably calculated to lead to the discovery of admissible evidence and is not privileged, and that the refusal or failure or both was without substantial justification.” (Notice at 2.) I. Overview This action arises from a motor vehicle accident that occurred on December 3, 2017, in Sacramento, Cal...

Excerpt: ...5657. Plaintiffs allege that in September 2017, decedent Christine Patton was a resident of Defendant Caroline Kang, LLC, dba Laguna Woods, RCFE (“Defendant” or “Laguna Woods”) when defendant/Laguna Woods employee Mee Lai Fong (“Fong”) attacked Ms. Patton with a metal cane, ultimately leading to Ms. Patton's death. Friedlander was an employee at Laguna Woods during the relevant time period. Plaintiffs alleges Friedlander was present w...

Excerpt: ...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 Sydney Leung's (erroneously sued herein as Sidney Leung) ("Defendant") motion for summary judgment against Plaintiff Kyleigh Juarez (“Plaintiff”) is DENIED as follows. I. Overview This case arises out of a motor vehicle accident that occurred on June 16, 2018. (Complaint ¶¶ 6‐8, 10.) Plaint...

Excerpt: ...f a three‐ vehicle accident occurring at an intersection in the City of Folsom in November 2020. According to the Traffic Collision Report (“TCR”) prepared in connection with the subject accident, defendant Voss (an employee of Clark Pacific) was in the intersection waiting to make a left turn. As the light turned yellow and then red, there was a clearing in the oncoming traffic so he began his left turn but was then hit by an oncoming vehi...

Excerpt: ...e a tort claim with the Sacramento County District Attorney's Office before filing suit. (Notice at 2.) As the Court finds Defendant's demurrer is sustained on this ground, the Court does not rule on the other grounds set forth in Defendant's notice of demurrer and demurrer. I. Overview Plaintiff filed his Judicial Council Complaint against Defendant on December 9, 2021, alleging two causes of action against Defendant for (1) general negligence; ...

Excerpt: ...addressed at the hearing. The parties are also reminded that pursuant to local rules, only limited oral argument is permitted on law and motion matters. *** Factual Background This action arises from the alleged theft of plaintiff's “foreign currencies,” claimed to be worth over $166,000, along with other personal property from a storage locker where the currency was placed for “safe keeping” by the defendant Park Rangers while plaintiff ...

Excerpt: ...nded motion. To date of the filing of the instant motion, Mr. Hagle's office had not heard back from Plaintiff regarding his meet and confer requests. (Declaration of Eric R. Hagle (“Hagle Decl.”) ¶¶ 3‐5.) Code of Civil Procedure §439(a) requires the moving party to meet‐and‐confer "in person or by telephone" with the party filing the pleading that is the subject of the motion for judgment on the pleadings. Moving counsel is advised ...

Excerpt: ...ice of the tentative ruling system, the notice incorrectly states that the Court will make its tentative ruling “available by telephone and, at the option of the [C]ourt, by any other method designated by the [C]ourt”. The notice of motion does not provide notice of the Court's tentative ruling system as required by Local Rule 1.06(D). Defendant is ordered to notify responding parties immediately of the tentative ruling system availability on...

Excerpt: ...0 on May 27, 2020. Plaintiffs filed their FAC naming Defendant as Doe 17 on February 8, 2022. In the FAC Plaintiffs allege causes of action for libel, slander, and trade libel. The Company is a commercial lender and loan servicing company founded by Blackburne. (FAC ¶ 1.) The Company services around 150 commercial first mortgage loans totaling approximately $45 million including a loan related to a golf course in Illinois known as “Royal Hawk....

Excerpt: ... by California Rule of Court 3.1308 and Local Rule 1.06(D). Plaintiff's counsel is directed to contact opposing counsel forthwith to advise counsel of Department 54's correct address and the tentative ruling procedure. If Plaintiff's counsel is unable to contact opposing counsel prior to the hearing, Plaintiff's counsel shall be available at the hearing, by CourtCall or Zoom as stated in the introductory NOTICE to today's Tentative Rulings, in th...

Excerpt: ...eek to vacate an arbitration award issued on November 24, 2021, by the Hon. Lynn O'Malley Taylor (ret.) in Petitioner's favor. The arbitration arose from Respondents' claims against PWS, Inc. and Courtney Satterlee (“Brokerage Parties”) for breach of duty, lack of due diligence and professional negligence in connection with Respondents purchase of a Laundromat in Stockton from Mr. Peterson. The Brokerage parties acted as the dual broker/agent...

Excerpt: ...on arose from Respondents' claims against Petitioners for breach of duty, lack of due diligence and professional negligence in connection with Respondents purchase of a Laundromat in Stockton from David Peterson (also a party in the underlying arbitration). Petitioners acted as the dual broker/agent for Respondents and Mr. Peterson regarding the sale. Respondents claimed the Laundromat consistently generated 32% less gross revenue that the averag...

Excerpt: ...ent part, that Defendant was the driver and owner of the vehicle, or that Defendant was driving with the knowledge and consent of the owner. Defendant Antoine Lament Childs (“Childs”) was substituted in as Doe Defendant 1. The pleading further alleges: On or about September 23, 2017, Plaintiff LOUIS MORTON was lawfully driving a motor vehicle near J Street and 15th Street in Sacramento, California. On that date, Defendant NISSAN NATARA JOINER...

Excerpt: ...iled a Notice of Joinder to Ciminocare's Motion to Compel Arbitration. (ROA 24.) Through the Notice of Joinder, Walnut House indicated it was also a party to the Arbitration Agreement subject to Ciminocare's Motion to Compel Arbitration (Ibid. [citing to Low Decl. ¶ 2, Ex. A].) Walnut House also indicated its Joinder was based upon Ciminocare's Notice of Motion, Memorandum of Points and Authorities, and the Declaration of Donna W. Low (and Exhib...

Excerpt: ... (“Olsten”). In August 1999, Olsten entered into a purchase agreement with Plaintiff Adecco, S.A. (“Adecco”) and Staffing Acquisition Corporation. Pursuant to an Agreement and Plan of Merger (“Merger Agreement”), Adecco agreed to purchase Olsten's staffing services and information technology services. (Complaint, ¶ 11, Ex. 1.) As part of the split‐off agreement between Adecco and Olsten, the parties executed a Separation Agreement ...

Excerpt: ...at: “ 17. On or about June 8, 2018, and continuing thereafter, Defendants, and each them, negligently cared for, diagnosed, and treated Plaintiff, DOMENICA MANLEY, and failed to exercise the standard of care and skill ordinarily and reasonably required of physicians, surgeons, hospitals, nurses, and other health care providers by, without limitation, negligently failing to properly perform a robotic assisted laparoscopy and provide necessary pr...

Excerpt: ...d This is a wage and hour action brought by Plaintiff Nichole Veronie (“Plaintiff”) on behalf of similarly situated employees of Defendants Point Quest, Inc. and Point Quest Education, Inc. (“Defendants”). According to the operative First Amended Complaint (“FAC”), Defendants operated a labor supply business serving public school districts in Sacramento County and throughout California. (FAC, ¶ 15.) The FAC includes the following cla...

Excerpt: ...se to promote Plaintiff's online presence through Plaintiff's social media accounts. (Exh. A to Compl.) Plaintiff alleges that Defendants used “improper tactics” when performing their services for Plaintiff. (Compl. ¶¶ 11, 12, 17, 56, 49.) Defendants demur to the Third Cause of Action for Negligent Misrepresentation, the Fourth Cause of Action for Intentional Misrepresentation, and the Fifth Cause of Action for Unfair Business Practices. De...

Excerpt: ... The Court rejected the SAC because Plaintiff failed to obtain leave of court. Plaintiff filed an untimely opposition to the motion on 6/10/2022 and requests leave to add a 42 US Code §1983 cause of action. The Court did not consider Plaintiff's untimely opposition. In this action, Plaintiff alleges that on 11/15/2016, he walked into the UC Davis Medical Center emergency department complaining of heart palpitations. A male employee offered Plain...

Excerpt: ...ndants' counsel is directed to contact opposing counsel forthwith to advise counsel of Department 54's correct address, Local Rule 1.06, and the Court's tentative ruling procedure. If Defendants' counsel is unable to contact opposing counsel prior to the hearing, Defendants' counsel shall be available at the hearing, by Zoom as stated in the introductory NOTICE to today's Tentative Rulings, in the event opposing counsel appears without following ...

Excerpt: ... 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 or telephone. DEFENDANT'S REQUESTS FOR JUDICIAL NOTICE: 1. Plaintiff's Complaint ‐ Unopposed and GRANTED. In taking judicial notice of the Complaint in this matter, the Court accepts the fact of its existence, not the truth of its contents. (See Professional Engineers v. Dep't of ...

Excerpt: ...AC”) is ruled upon as follows: Background As pertinent to Civic and Plaintiff, this action arises from a November 15, 2017 loan provided by Civic in the amount of $342,750 in Aretha Johnson's name, evidenced by a promissory note (the “Note”) and secured by a deed of trust (the “DOT”) naming the real property located at 7050 Cromwell Way, Sacramento, CA 95822 (the “Cromwell Property”) as collateral. (UMF Nos. 1‐2.) Plaintiff conten...

Excerpt: ...motion to compel Defendant Clayco, Inc. dba Clayco Construction Company, Inc. (“Clayco”) to provide responses to her special interrogatories, set two (“SIs”) is granted. Request for Judicial Notice Plaintiff's request for judicial notice is unopposed and granted. Evidentiary Objections The Court declines to rule on Plaintiff's evidentiary objections since the subject evidence concerns Clayco's related motion for relief from waiver of obje...

Excerpt: ...s Court should stay this later‐filed proceeding. Having considered all of the papers submitted, including the parties' supplemental briefs, the Court issues the following tentative ruling. Petitioners People of the State of California ex rel. Rob Bonta, Attorney General's (“Petitioners”) petition for order compelling compliance with investigative subpoenas by Respondent Maysville Fellowship Medical Aid Plan dba United Refuah Healthshare (�...

Excerpt: ... County of Sacramento, which began in 2005 and ended in 2018. The operative complaint alleges causes of action for discrimination (race, gender and disability), retaliation, failure to prevent discrimination and retaliation, failure to accommodate, failure to engage in the interactive process, and interference with rights under the California Family Rights Act (“CFRA”). Plaintiff propounded a variety of written discovery requests to defendant...

Excerpt: ...or Dept. 53/54. 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 directed to review the Local Rules, effective 1/1/2022. Moving counsel failed to comply with CRC Rule 3.1110(b)(3)‐(4). This action arises out of a motor vehicle accident. Plaintiff filed her complaint on 8/6/2019 and defendant filed his answer on 10/...

Excerpt: ... the reply is GRANTED. In taking judicial notice 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 findings of fact are true]; Steed v. Department of Consumer Affairs (2012) 204 Cal.App.4th 112, 120‐121. Plaintiff's evidentiary objections Plaintiff's objections...

Excerpt: ...ainant seeks to strike the prayer for punitive damages and attorney's fees in the FAC. In their opposition, Plaintiffs state that during their meet and confer phone call with counsel for Cross‐Complainant, Plaintiffs agreed to withdraw their request for attorney's fees. (Opp., 3.) Plaintiffs' opposition solely addresses Cross‐Complainant's motion to strike punitive damages and states that they will amend their FAC to remove the request for at...

Excerpt: ...s were killed in an accident. A truck owned by Defendants collided with the automobile plaintiffs' parents were driving. Defendants move to set aside a default and default judgment pursuant to CCP § 473 (b). Essentially, Defendants maintain they forwarded Plaintiffs complaint to their insurance carrier for handling. They then learned in February 2022 that coverage would not be available. They attempted to file an answer, but the answer was rejec...

Excerpt: ...aled the penalty through the City's administrative process contending that the plants belonged to their tenants. On March 31, 2019, a hearing examiner issued a decision upholding the penalty, but reducing the amount to $35,000. On July 2, 2019, Plaintiffs filed an appeal in this Court pursuant to Government Code § 53069.4(b)(1) which provides for a trial de novo. On October 21, 2019, the Court (Judge Laurie Earl) found that the Court had no auth...

Excerpt: ...aintiffs allege causes of action against Defendant for breach of warranties under the Song‐Beverly Act and for violation of Business and Professions Code § 17200. Defendant moves to compel Plaintiffs' claims against it to arbitration pursuant to an arbitration provision located in Retail Installment Sales Agreement (“RISC”) Plaintiffs signed when they purchased the vehicle. The subject provision requires arbitration of “[a]ny claim or di...

Excerpt: ...summary adjudication, as to Plaintiffs Jeff Linde and Satellite Avenue, Inc.'s (collectively "Plaintiffs”) nine causes of action in Plaintiffs' first amended complaint (“FAC”) is ruled on as follows. The Notice of Motion states the incorrect address for Department 54; the correct address is 813 6th Street, Sacramento, California 95814. In addition, the Notice of Motion does not provide notice of the Court's tentative ruling system, as requi...

Excerpt: ... 220 Cal. App.3d 1117, 1138.) Newberg on Class Actions (4th Ed.), the authoritative treatise on class actions, discusses the process for approving the settlement of a class action. At § 11.24, “Procedure for Submitting Class Settlement for Approval,” Newberg describes the review at the preliminary stage as the submission by the parties of the essential terms of the agreement for informal review of the settlement papers by the Court. In revie...