Excerpt: ...On 5/02/18, Stone Lake's counsel indicated by email that the date of the deposition might present a conflict. (Id., Exh. B.) Morales' counsel responded, “[t]hat is going to be a problem, as we do not intend to change the date.” (Id.) No trial date has been set, and the discovery cutoff is not approaching. Stone Lake did not serve any written objections to the deposition or move for a protective order. The day before the deposition, however, S...

Excerpt: ...e amount to be paid in the settlement; (3) the proposed allocation of the settlement proceeds; (4) a recognition that the settling parties should pay less in settlement than if they were found to be liable after trial; (5) the financial condition of the settling parties, and the insurance policy limits, if any; and (6) the existence of collusion, fraud or tortious conduct aimed to injure the interests of the non‐settling defendants. (Tech‐Bil...

Excerpt: ...rior to that time, Plaintiff's deposition had been noticed six times and Plaintiff had either failed to appear or the deposition had been rescheduled at the request of Plaintiff's counsel. Plaintiff was ordered to appear for her deposition no later than August 28, 2017. Anchor General's and Defendants' counsel again appeared for the August 28, 2017 deposition and Plaintiff again failed to appear. On October 17, 2017, the Court granted Anchor Gene...

Excerpt: ...noted below that 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. *** Both the moving and reply memorandum of points & authorities fail to comply with CRC Rule 3.1113(d) and (e). Factual Background This putative class action was filed by plaintiff Gibbons, alleging defendant MFL violated the California Consumer Credit Reporting Agencies Act...

Excerpt: ... Lynn Arens. However, neither declaration complies with the requirements of Code of Civil Procedure §2015.5. The Lui Declaration does not affirmatively establish it was executed pursuant to California's penalty of perjury laws or alternatively was executed in this state. The Arens Declaration was not executed under penalty of perjury at all, merely averring it was executed in California. As such, neither declaration is admissible and thus, the c...

Excerpt: ...efendant Douglas Clark Washburn. Washburn testified at his deposition in May 2018 that he started drinking mimosas on the morning of the collision and had consumed three 12 oz glasses before getting in his vehicle. Washburn was arrested after the high impact collision after having lied to the police about whether he had been drinking. Washburn tested at an alcohol level of .16, twice the legal limit. These facts are sufficient at the pleading sta...

Excerpt: ... having been a resident of the facility for ten years. The trial date is now February of 2019. Plaintiff's motion is accompanied by four separate statements for the following depositions/documents: 1. Deposition of Heidi Capela (PMQ re document categories No. 5 Rupp Weekly Reports, No. 6 and 7 documents transmitted to and from deponent regarding Windsor El Camino or Thomas Knowles, No. 8 and 9 documents transmitted to or from Jane Rupp regard...

Excerpt: ...will be addressed at the hearing and the parties should be prepared to point to specific evidence which is claimed to show the existence or non‐existence of a triable issue of material fact. *** Defendant Stewart Title of Sacramento's (“STS”) motion for summary judgment, or in the alternative, summary adjudication is ruled upon as follows. Overview This is an action for equitable indemnity, implied indemnity and declaratory relief. Plaintif...

Excerpt: ...1788.17 is granted. This action arises out of debt collection efforts by Defendant. Plaintiff alleges that defendant violated the Rosenthal Fair Debt Collection Practices Act, Civil Code section 1812.700(a). In this Court's February 9, 2018 order granting NES' motion for summary judgment against Mr. Wiegand, the court found that NES "cured" the alleged type‐size violation as to Mr. Wiegand pursuant to the cure provision in Civil...

Excerpt: ...018, the Court entered an Order granting preliminary approval of class action settlement, thereby preliminarily approving the terms of the settlement, certifying the class for purposes of settlement only, appointing Plaintiff as class representative, appointing Plaintiff's counsel as class counsel, and preliminarily approving Phoenix Settlement Administrators as the settlement administrator. By this motion, the parties now seek final approval of:...

Excerpt: ...on for writ of mandate and complaint filed by Plaintiff/Petitioner and Cross‐Defendant American Towers, LLC (“ATC”) against the State on March 4, 2015. On February 19, 2016, the writ proceeding was heard. On March 8, 2016, the ruling on the writ proceeding was issued, denying the petition and related request for declaratory relief. On August 31, 2016, the case was referred back for reassignment to the regular civil calendar following the co...

Excerpt: ...ey Defendants”) Special Motion to Strike (CCP §425.16) is GRANTED. The Court fully incorporates herein its ruling on the Attorney Defendants' Special Motion to Strike. (Item #12.) To reiterate, the anti‐SLAPP as to the breach of contract is DENIED. A breach of a settlement agreement after the underlying action is concluded is not protected activity. (Applied Bus. Software, Inc. v. Pac. Mortg. Exch., Inc. (2008) 164 Cal.App.4th 1108, 1118.) �...

Excerpt: ... and 23 through 32 in Plaintiffs' Second Set of Document Requests propounded to Defendant Sacramento County Emergency Medical Services (SAC EMS) is GRANTED. Warren's further request for an order compelling SAC EMS to produce responsive documents is DENIED as premature. The court may only compel a party to produce responsive documents after the party serves written responses indicating it will produce responsive documents and then fails to make th...

Excerpt: ...nd, Inc's employee Bernardo Raul Gutierrez, Jr. while he was crossing the street in his wheelchair. Plaintiff alleges causes of action for negligence against Defendant Gutierrez and negligent supervision and negligent entrustment against Defendant C.R. England. C.R. England has admitted that Defendant Gutierrez was acting in the course and scope of his employment at the time of the incident. At issue on the instant motion are the deposition notic...

Excerpt: ...fendants indicate that they were never served with the summons and complaint. They also indicate that the declaration in support of the application for entry of default and default judgment filed on January 21, 2016 contains a proof of service executed by self‐represented Plaintiff. On May 22, 2018, Defendants received a document titled “Plaintiff's Notice of Motion to Set a Later Date to Continue Civil Case Based on Incarceration of Plaintif...

Excerpt: ...suant to CCP § 473(b). Plaintiff's counsel declares that after default and default judgment was entered, Plaintiff received notification that Defendant asserted a claim of fraud with respect to the subject account. Plaintiff eventually confirmed that Defendant's account was opened and/or used fraudulently. Plaintiff now seeks to set aside the default and default judgment entered against Defendant and to dismiss the matter with prejudice. Here, t...

Excerpt: ...ad a cause of action for Violation of the SongBeverly Consumer Warranty Act and allege that Defendant breached express and implied warranties. Plaintiffs allege that the vehicle was delivered to them with serious defects and nonconformities to warranty including various transmission, engine, HVAC and electrical defects. Kia seeks to strike paragraphs 14, 18, and portions of paragraph 17 (Plaintiffs' implied warranty claim). An issue of law may be...

Excerpt: ...to comply with Code of Civil Procedure §1013a, requiring the “exact title” of each document being served. The court rejects plaintiff's claim that DHCS' opposition papers were not timely filed or served but even if they were, the court has exercised its discretion and considered them. DHCS' objections to plaintiff's reference to the parties' settlement negotiations are sustained. Factual Background This consolidated action arises from a 2013...

Excerpt: ...ch was not properly secured by defendant Golden State Towing, LLC, slipped, injuring Plaintiff. On November 10, 2016, Plaintiff was driving his vehicle when defendants James R. Faulk and Shirley A. Faulk pulled into his lane and collided with his vehicle. Finally, on October 19, 2016, Plaintiff was driving his vehicle when uninsured motorist Connor Biehler turned into the side of Plaintiff's vehicle. The original Complaint was filed by Plaintiff'...

Excerpt: ...roude's notice of motion inexplicably fails to provide notice of the court's tentative ruling system, as required by Local Rule 1.06. Moving counsel is directed to contact all counsel 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 any counsel prior to hearing, moving counsel is ordered to appear at the hearing in person or by telephone. Frou...

Excerpt: ... January 26, 2018. Plaintiff's request for judicial notice of these two Court Orders is granted. On December 6, 2017, this Court granted Plaintiff's unopposed motion to compel Opposing Defendants to serve verified responses to Plaintiff's Form Interrogatories, Set One, 4.1(e) on or before December 18, 2017. On January 26, 2018, this Court granted Plaintiff's unopposed motion for sanctions, imposing monetary sanctions of $1,035 on Opposing Defenda...

Excerpt: ...on this matter. First, this matter must be dropped from calendar due to plaintiff's defective service of notice. Plaintiff's service of the moving papers by mail on 6/21/2018 for a hearing on 7/10/2018 does not give 16 court days plus 5 calendar days' notice as required by Code of Civil Procedure §1005(b), since 7/4/2018 (Independence Day) was a court holiday. (Code Civ. Proc. §12c; Barefield v. Washington Mutual Bank (2006) 136 Cal.App.4th 299...

Excerpt: ...n satisfies the requirements of Code of Civil Procedure section 430.41(a). Defendant Sacramento Housing and Redevelopment Agency's (“Defendant”) demurrer to plaintiff Nikolay Koval's (“Plaintiff”) complaint is ruled upon as follows. Defendant has 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. Defendant s...

Excerpt: ... Abir, Cohen, Treyzon, Salo, LLP and Federico C. Sayre's First Amended Answer is SUSTAINED without leave to amend as follows. This is a legal malpractice action. Plaintiff alleges Defendants represented her in a personal injury case against the City of Sacramento (the “City”), which she intended to pursue on a theory of dangerous condition of public property. Plaintiff allegedly was injured while crossing in an unmarked City crosswalk. Her pe...

Excerpt: ...artment 53 of the Sacramento County Superior Court is 813 6th Street, Sacramento, California 95814. Defendants shall notify Plaintiff immediately. The notice of motion does not provide notice of the Court's tentative ruling system as required by Local Rule 1.06(D). Defendants are ordered to notify Plaintiff immediately of the tentative ruling system and to be available at the hearing, in person or by telephone, in the event Plaintiff appears with...