Excerpt: ...ng causes of action for unpaid wages, unpaid overtime, failure to pay a minimum wage, meal and rest break violations, waiting time penalties, wage statement penalties, unfair competition. On June 19, 2019, pursuant to the California Code Private Attorney General Act of 2004 (“PAGA”), Plaintiff provided notice to the California Labor and Workforce Development Agency of alleged labor violations committed by Defendant in the manner required by l...

Excerpt: ... shall be available, by COURTCALL, or by Zoom audio, if available (see bolded language above), to participate in oral argument on the continuance date. Defendants' Compton, Barretto, Bobbala, Heredia, Macomber, and Wangombe's ("Defendants") Demurrer to the Complaint filed by self‐represented incarcerated plaintiff is ruled on as follows Defendants' Request for Judicial Notice is granted. Plaintiff alleges a medical negligence claim under Cal. C...

Excerpt: ...FAC on September 9, 2020. Plaintiff alleges the following eight causes of action against Defendant: (1) Violation of Civil Code § 1708.7 (stalking); (2) Invasion of Privacy; (2) Violation of California Penal Code § 502 (unauthorized computer access); (4) Violation of 18 USC §1030 (knowingly accessing a computer without permission); (5) Violation of 18 USC § 2510 et seq. (electronic communication privacy act); (6) Violation of 18 USC § 875 (t...

Excerpt: ...s of receiving it. The hearing date is automatically continued one week plus one court day to February 2, 2021, for oral argument. The continuance date will be an appearance required hearing so that Plaintiff need not request oral argument. The litigation coordinator shall make Plaintiff available by CourtCall or by Zoom audio (if available) to participate in oral argument at 9:00 a.m. on the continued hearing date, which will be February 2, 2021...

Excerpt: ...irst was a petition for writ of mandate filed in 2015, which is now on appeal. It was followed by another writ petition in 2017, which is presently stayed pending the appeal of the 2015 writ petition. The present civil action was commenced on 7/22/2019 and the original complaint in this case, although difficult to comprehend, generally alleged that defendant Carreon, an employee in District's “HR” department, and co‐defendant Rittling, an a...

Excerpt: ...taff privileges at Methodist Hospital of Sacramento. Plaintiff named as defendants Dignity Health, Dignity Health Methodist Hospital of Sacramento, and Does 1 through 30. According to the FAC, plaintiff “has been a strong patient's advocate” and “in an attempt to intimidate Plaintiff and silence his patient advocacy, certain worker's compensation insurers falsely reported that Plaintiff was billing for x‐rays that had not been taken, whic...

Excerpt: ...ion arising out of Hawkins' employment as a teacher with Defendant. Hawkins is AfricanAmerican and alleges causes of action against Defendant for discrimination, harassment, and retaliation in violation of the FEHA. Plaintiff alleges the following in the Second Amended Complaint (“SAC”). On March 3, 2017, Vice Principal Kim Christierson asked Hawkins why she was requesting to cancel a meeting that Hawkins had scheduled with a classroom aide. ...

Excerpt: ...the hearing. The parties are also reminded that pursuant to local court rules, only limited oral argument is permitted on law and motion matters. *** Plaintiff's memorandum of points & authorities in opposition fails to comply with the page limitations set forth in CRC Rule 3.1113(d), and plaintiff did not comply with the requirements of Rule 3.1113(e) prior to filing the oversized opposition, but the opposition was nevertheless considered. The C...

Excerpt: ...g; third cause of action for violation of Civil Code section 2924.17; fourth cause of action for violation of Business & Professions Code section 17200, et seq; fifth cause of action for cancellation of instrument; and sixth cause of action for quiet title on the grounds that each cause of action fails to allege sufficient facts to state a cause of action against Defendants and the pleading of the cause of action is fatally uncertain. (See Code C...

Excerpt: ... putative class action plaintiff alleges his employer failed to pay all wages due as a result of utilizing a timeclock system which rounds the employees' entries to the nearest quarter‐hour for purposes of calculating their wages. The parties stipulated pursuant to Code of Civil Procedure §437c(t) to have this issue presented for summary adjudication based primarily on the following facts: Timeclock records for 171 members of the putative clas...

Excerpt: ...ect evidence is immaterial to disposition of the motion. Overview This is a real estate nondisclosure action concerning real property commonly known as 8217 Stevenson Ave., Sacramento, CA, 95825 (the “Property”), in which Plaintiff Abel Moldovan (“Plaintiff”) purchased the Property from Defendant. Co‐ defendant Mary Garcia was the Property's listing agent. Plaintiff alleges Defendant failed to disclose that the Property encroached onto ...

Excerpt: ...ants' third amended PMK notices directed to Plaintiffs. Defendants also request sanctions in the amount of $3,540. The motion is continued to February 4, 2021, as follows. Defendants allege that, to allow for adequate time following PMK depositions to coordinate and take necessary individual deposition, Defendants require an immediate court order to complete discovery in advance of the April 2021 trial date. Defendants served initial deposition n...

Excerpt: ...jury action arising out of a motor vehicle accident that occurred on November 15, 2016. Defendants served Plaintiff Thomas Lane (“Plaintiff”) with a Demand for Medical Examination on April 8, 2020 (“Demand”). The Demand, made under Code of Civil Procedure (“CCP”) section 2032.220, stated that Plaintiff would “appear for a physical examination . . . to be conducted by Gary M. Alegre, M.D., an orthopedic surgeon. . . . for the purpose...

Excerpt: ...d to notify Defendants immediately of the tentative ruling system and to be available at the hearing, via Zoom or CourtCall, in the event Defendants appear without following the procedures set forth in Local Rule 1.06(B). Plaintiff's request for judicial notice is granted. It must also be observed that “[w]hile the existence of any document in a court file may be judicially noticed, the truth of the matters asserted in those documents, includin...

Excerpt: ... Court to maintain personal jurisdiction over it. The project/work at issue was at the McCarron Airport in Las Vegas, Nevada, and all parties are subject to personal jurisdiction in the proposed alternative forum of Clark County, Nevada. Bombard's request for judicial notice is granted. This litigation was originally venued in Alameda County, California. Plaintiff Moz Designs, Inc. sued Capitol Store Fixtures and National Wood Products, Inc. only...

Excerpt: ...olation of Section 504 of the Federal Rehabilitation Act of 1973, for violation of due process under 42 USC § 1983, and for intentional and negligent infliction of emotional distress. Plaintiff alleges that he was wrongfully removed from an “International Baccalaureate” program at Laguna Creek High School (“LCHS”). LCHS is a high school within the Elk Grove Unified School District (“EGUSD”). Plaintiff also alleges that he was wrongfu...

Excerpt: ...n for Writ of Mandate is ruled upon as follows. The parties' requests for judicial notice are granted. However, the Court takes judicial notice only of the existence of the various documents, not the truth of the matter asserted in the documents. (Joslin v. H.A.S. Ins. Brokerage (1986) 184 Cal.App.3d 369, 374.) In any event the Court's ruling was not dependant on either party's request for judicial notice. The Department instituted this action by...

Excerpt: ...dants Sumit Sharma and SF Edison Partners LP (collectively “Skyview Villa”). Mr. Faisal and Plaintiff Madeem Razmal allege that Mr. Faisal encountered a group of gang members in the parking lot of the apartment complex. When Mr. Faisal verbally questioned them, Mr. Williams, who was apparently one of the gang members, fired a flare gun towards Mr. Faisal's face, striking him in the eye and causing significant injuries. Mr. Faisal alleged a si...

Excerpt: ...urram Ahmad's real property at 9459 Secretariat Lane in Elk Grove (“Property”). The underlying lawsuit involved claims against Khuttam Ahmad and his business American River RV, Inc. pursuant to an Inventory Settlement Agreement which Khurram Ahmad personally guaranteed. Plaintiff alleges that Khurram Ahmad transferred the Property to MN Real Estate, LLC which is owned by his parents Makhtar and Nazai Ahmad. Plaintiff alleges that Khurram Ahma...

Excerpt: ...ed 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. *** Defendants Valley Development Company, Inc. (“VDC”), Sutter Valley Development, Inc. (“SVD”) and Manjit Singh's (“Singh”) motion for summary judgment, or in the alternative, motion for summary adjudication is ruled upon as follow. As an initial matter, the...

Excerpt: ... residence located in Elk Grove on 11/20/2019. A default was subsequently entered against defendant on 2/5/2020, followed by a default judgment of just over $5,500. Defendant now moves to set aside the default and default judgment on the ground that she was never personally served with the summons & complaint and never received actual notice of this lawsuit until September 2020, when her brother received a letter addressed to defendant at an addr...

Excerpt: ...g Massachusetts as the exclusive forum. In the complaint Plaintiff alleges causes of action against moving Defendants and others (Gray Line Corporation, Inc. and Gray Line Las Cabos) for false advertising in violation of Business & Professions Code § 17500 et seq., violation of the Consumer Legal Remedies Act (“CRLA”) and for unfair completion in violation of Business & Professions Code § 17200 et seq. Plaintiff alleges that he booked a shu...

Excerpt: ...hat while he resided there, he was subjected to an infestation of bedbugs. Plaintiff alleges that he moved into the apartments in June 2015 but nearly a year later, in April 2016, he began to experience physical injury that he came to believe was caused by bedbugs. Plaintiff alleges he made three complaints to Stonegate management. On the first two occasions, “management admitted that there was a bedbug problem, but informed [plaintiff] that it...

Excerpt: ...c. (“Defendant”) who worked as a security guard/security officer. On May 22, 2019, Plaintiff filed a notice with the Labor and Workforce Development Agency explaining the basis for PAGA penalties and sent the letter by certified mail to Defendant. Plaintiff then filed this action on September 6, 2019, alleging individual claims for failure to provide meal and rest breaks, failure to pay all wages owed, failure to provide accurate wage stateme...

Excerpt: ...plaint is OVERRULED. At the outset, Defendants did not file and serve with this demurrer any declaration that satisfies the requirements of Code of Civil Procedure section 430.41(a). That subdivision requires the demurring party to meet‐and‐confer "in person or by telephone" with the party filing the pleading that is the subject of the demurrer. In the interest of judicial efficiency, the Court will rule on the demurrer, but in the future suc...

Excerpt: ..."Buick"). The Buick originally belonged to Guy T. Nelson, who is now deceased (Compl. ¶¶ 8‐10.) Plaintiff Krause is an attorney who also is the executor and beneficiary of Mr. Nelson's estate. (Compl. ¶8. ) In early 2017, Mr. Nelson took the Buick to Defendant's shop for repair; Soto‐Baney accompanied him there and took him home after dropping off the vehicle. (Compl. ¶ 9.) A few days later, Mr. Nelson passed away. (Compl. ¶10.) Plaintif...

Excerpt: ... shall be available, by COURTCALL, or by Zoom audio, if available (see bolded language above), to participate in oral argument on the continuance date. Defendants' Compton, Barretto, Bobbala, Heredia, Macomber, and Wangombe's ("Defendants") Demurrer to the Complaint filed by self‐represented incarcerated plaintiff is ruled on as follows Defendants' Request for Judicial Notice is granted. Plaintiff alleges a medical negligence claim under Cal. C...

Excerpt: ...�) is ruled upon as follows. Cross‐Defendants' request for judicial notice of the Second Amended and Restated Limited Partnership Agreement of Myers & Sons Construction, L.P. (the “Partnership Agreement”) is denied. The interpretation of contracts is generally beyond the scope of judicial notice. ( Herrera v. Deutsche Bank Nat. Trust Co. (2011) 196 Cal. App. 4th 1366, 1375.) Indeed, in ruling on a demurrer, it is error to take judicial noti...

Excerpt: ... and complete responses to certain requests for production. Defendant interposed numerous objections to the requests, including objections based on relevance, burden and oppression, trade secrets and attorney‐client privilege. DISCUSSION Request Nos. 1 and 2 Request No. 1 seeks “DOCUMENTS pertaining to review by the "Escalation Team" or "HCCM National Escalations" (referenced in Defendant's document production HMA000644 HMA000645) of Plaintif...

Excerpt: ...nly two Court days prior to the hearing. This untimely filing was not considered. Plaintiffs filed this employment action on May 20, 2020, alleging 14 causes of action, including, among other things, declaratory relief, age discrimination, wrongful termination, failure to pay wages upon separation, failure to reimburse business expenses, failure to furnish compliant wage statements, and violation of Business & Professions Code § 17200 et seq. In...

Excerpt: ...on project. (ROA 1.) Unique is a subcontractor and/or supplier for Davis for its work on the construction of a mixed‐use apartment complex located at 1827 J Street. Davis has sued the project owner 19J via a Cross‐Complaint for contractual indemnity claims asserted against it by Unique. 19J now moves to compel arbitration of the Cross‐Complaint pursuant to the written contract between it and Davis on or about September 1, 2017. Section 13.2...

Excerpt: ...it on November 1, 2018. On July 28, 2020, Plaintiff propounded Special Interrogatories, Set Three, to Defendant. On September 30, 2020, pursuant to agreement, Defendant provided responses and objections to these requests. At the time the responses were served, they lacked verifications. Defendant forwarded verifications of the responses on or about October 4, 2020. The Parties engaged in multiple attempts to meet and confer regarding the response...

Excerpt: ...pulation for Entry of Judgment") on the eve of trial. Section 1(b) of the Settlement Agreement defines a "Settlement Default" as "Defendant's breach or failure to fully and timely perform any term, condition, promise or obligation under this Agreement." (Taylor Decl., ¶ 9, Exh. 1 at p. 1) A "Termination Event" is defined in Section 1(e) of the Settlement Agreement as "the occurrence of a Settlement Default that is not fully cured within ten (10)...

Excerpt: ...uance pursuant to Code of Civil Procedure section 437c(h). Plaintiff was required to file any amended Opposition to Defendant's motion on or before December 30, 2020. Plaintiff did not file any amended Opposition. Objections Plaintiff's Objections are overruled. Defendant's Objection Nos. 17‐19 and 21‐24 are sustained. The Court does not rule on the remaining objections pursuant to Code of Civil Procedure §437c(q) since they concern evidence...

Excerpt: ...769 (g).) A presumption of fairness exists where: (1) the settlement is reached through arm's‐length bargaining; (2) investigation and discovery are sufficient to allow counsel and the court to act intelligently; (3) counsel is experienced in similar litigation; and (4) the percentage of objectors is small. (Newberg & Conte, Newberg on Class Actions supra, § 11.41, pp. 11‐91.) On August 31, 2020 the court granted the motion for preliminary a...

Excerpt: ...D WITHOUT LEAVE TO AMEND. Request for Judicial Notice Defendant's Request for Judicial Notice ("RJN", ROA #38) is granted. The request pertains to the insurance policy referenced in the operative complaint (FAC ¶¶ 8, 33), allegedly forming the basis of the relationship between Plaintiff and Defendant. (Evid. Code § 452(h); Ingram v. Flippo (1999) 74 Cal.App.4th 1280, 1285, n.3 (taking judicial notice of documents referenced in the complaint bu...

Excerpt: ... hand, and Plaintiffs' own uninsured motorist carrier covering the second accident. Thus plaintiffs are attempting to combine a third‐party action with an already pending uninsured motorist claim that they in fact initiated. Plaintiffs allege that Fathy Hamed was a motor vehicle driver involved in two car accidents that occurred seven months apart. They allege that he sustained bodily injuries in each accident. They allege that accident #1 invo...

Excerpt: ...intiff”) within 48 hours of receiving it. The hearing date shall automatically be continued to January 20, 2021, at 9:00 a.m. in this Department for oral argument. The continuance date is an appearance required hearing so no party needs to request oral argument. The litigation coordinator shall make Plaintiff available by CourtCall or by Zoom audio (if available) to participate in oral argument at 9:00 a.m. on the continued hearing date to part...

Excerpt: .... In 2018 Plaintiffs purchased a home in Elk Grove that had been used to grow marijuana. Plaintiffs allege Defendants knowingly and intentionally failed to disclose and/or misrepresented information regarding the marijuana grow operations at the Subject Property prior to Plaintiffs' purchase of the residence. (FAC ¶15‐20) Plaintiffs allege that Ms. Ha, as the real estate agent who represented the seller of the property (Mrs. Li), knew the exte...

Excerpt: ... quoted as well as cited to.. In 2018 Plaintiffs purchased a home in Elk Grove that had been used to grow marijuana. Plaintiffs allege Defendants knowingly and intentionally failed to disclose and/or misrepresented information regarding the marijuana grow operations at the Subject Property prior to Plaintiffs' purchase of the residence. (FAC ¶15‐20) Plaintiffs allege that Ms. Ha, as the real estate agent who represented the seller of the prope...

Excerpt: ...re Center‐ Greenhaven from August 12, 2015 through August 30, 2015 and from September 4, 2015 through October 13, 2015. Ms. Wilkes died on October 13, 2015. Plaintiffs are decedent's Successor‐ininterest, granddaughter Katrina Randolph, and Katrina Randolph as an individual. Defendant served discovery on plaintiffs in February of 2018. After some delay due to efforts to locate heirs and mediation, defendant filed their three motions to compel...

Excerpt: ...poration of America (“Van Son”) to their Special Interrogatories, set two ("SIs"), is granted as follows. Background The Court incorporates by reference herein the background from its concurrent ruling on Plaintiffs' Motion to Compel Further Responses to its Requests for Production of Documents, set two (“RFPs”). In addition to the RFPs, Plaintiffs propounded SIs to Van Son on September 17, 2020, related to Mr. Bendowski's testimony in th...

Excerpt: ...s to Compel Further Responses to Request for Production of Documents, Set One, from Plaintiffs Jeff Harris and Teresa Harris are ruled upon as follows. This is an elder abuse action. This matter arises from the admission of decedent Eva Harris at Mission Carmichael, a skilled nursing facility, from June 20, 2018 to June 28, 2018. Plaintiffs allege that while at Mission Carmichael, Ms. Harris developed a fecal impaction resulting in acute renal fa...

Excerpt: ...dant. H16 Grupe Investors, LLC (“Grupe”) and H16 Local Investors, LLC each own a 50% interest in H16 Apartment Investors. Plaintiff is the managing member of H16 Local Investors, LLC which has a 25% interest in Defendant. Plaintiff alleges that pursuant to an oral agreement and an August 28, 2020 Letter of Intent (“LOI”), it had an agreement regarding the sale of interests of Defendant. The agreement was allegedly between Plaintiff, Guard...

Excerpt: ...ient date and call the clerk in Department 54 by no later than 4:00 p.m. on Monday, January 11, 2021 to notify the clerk of the new date. (See Local Rule 1.06.) ** Defendant Scott Pierce's (“Pierce”) “motion to enforce order" is ruled upon as follows. This is an action for breach of guarantee. On 1/13/2020, the court granted Plaintiff Associate Materials, LLC's (“AML”) application for writ of attachment against Pierce (“Application”...

Excerpt: ...aintiff raised no objection and was able to file a reply. At the outset, the Court notes that in connection with this motion Plaintiffs lodged numerous documents conditionally under seal and provided notice pursuant to CRC 2.551(b)(3). Here, no party filed a motion to seal the documents within ten days of being served with the notice. As a result, the documents will be placed in the public file. (CRC 2.551(b)(3)(B). Given this, the Court will ref...

Excerpt: ...d Peter Nelson alleging causes of action to determine the validity of a trust amendment and for elder abuse. Cross‐ complainant was a caregiver for Dr. Thomas Nelson and his wife Wylda Nelson. Peter Nelson was the trustee of the Thomas L. and Wylda Hammond Nelson Revocable Trust. Crosscomplaint filed her cross‐ complaint alleging numerous causes of action against Peter Nelson, in his capacity as trustee, for violations of the Labor Code. Esse...

Excerpt: ...artment 54 by no later than 4:00 p.m. on Monday, January 11, 2021 to notify the clerk of the new date. (See Local Rule 1.06.) ** Defendant San Juan Aviation's motion for sanctions pursuant to CCP section 128.7 is unopposed but is DENIED. Defendant moves for sanctions pursuant to CCP §128.7 on the grounds that “the allegations and other factual contentions in the complaint lack evidentiary support and the complaint is presented for an improper ...

Excerpt: ...for invasion of privacy, trespass, fraud, negligent misrepresentation, and unlawful business practices. Plaintiffs allege that Defendants created and deployed a fake air monitoring device affixed with a label that said “SMAQMD Air Monitoring Station,” and included the name and contact information for SCS Engineering employee Paul Schafer. Plaintiffs allege that the fake device and label were meant to deceive Plaintiffs, their employees, and t...

Excerpt: ...red to notify Plaintiff's counsel immediately of the tentative ruling system and to be available at the hearing, via Zoom or Courtcall, in the event Plaintiff's counsel appears without following the procedures set forth in Local Rule 1.06(B). This action concerns Plaintiff's former employment with defendant Fever Labs, Inc. and his termination on October 15, 2018. Plaintiff filed his Complaint on July 17, 2020, alleging the following five causes ...

Excerpt: ...o notes defendants attempted to file a response on January 4, 2021, which was rejected due to a failure to pay first appearance fees or submit a fee waiver request. (ROA 21.) Had this response been accepted and filed, it also would have been untimely as it would have been filed only three court days prior to the hearing in violation of CCP section 1005. On December 23, 2020, this Court issued a Temporary Restraining Order (“TRO”) and an Order...

Excerpt: ...espond fully to the arguments raised therein, and the Court in its discretion will allow the filing. This is a lemon law action that settled at trial. The subject vehicle was originally purchased for $18,184.91. (Exh. 1 to Zhang Decl.) Plaintiffs now move for an award of attorney's fees in the amount of $218,352.80, which includes and expenses in the amount of $19,670.52. (P&As at 1.) On October 30, 2019, Defendant made a Section 998 offer under ...

Excerpt: ... which Plaintiff alleges that Defendant Oscar Vasquez (“Vasquez”), a driver for Aguilar's rental‐car relocation company, rearended Plaintiff Zaka Vera (“Plaintiff”) while both were traveling on Interstate 80. The vehicle driven by Vasquez, Plaintiff's vehicle, and a third vehicle driven by Defendant Joseph Inch (“Inch”), were all involved in the accident. As a result of the accident, Plaintiff alleges various claims against Defendan...

Excerpt: ...ed by Local Rule 1.06(D). Counsel is ordered to notify Plaintiffs immediately of the tentative ruling system and to be available at the hearing, via Zoom or Courtcall, in the event Plaintiffs appear without following the procedures set forth in Local Rule 1.06 (B). This action arises from a motor vehicle collision that occurred on January 10, 2019. Plaintiffs filed their complaint on March 13, 2020. (ROA 1.) Defendants filed an Answer on May 8, 2...

Excerpt: ...ows. Plaintiff's First Amended Class Action Complaint asserts two claims: (1) failure to furnish accurate itemized wage statements; and (2) violation of the Labor Code Private Attorneys General Act of 2004 (“PAGA”). This matter was previously referred to arbitration to resolve Plaintiff's individual claims. Plaintiff's individual claims have been settled and the matter is now before the Court to adjudicate Plaintiff's remaining PAGA claim, wh...

Excerpt: ...matters. The Department 53 Zoom ID is: 841 204 6267. Consistent with Local Rule 1.06(B), any party requesting oral argument on any matter on this calendar must comply with the following procedure. To request oral argument, you must call the Department 53 clerk at (916) 874‐ 7858 and opposing party by 4:00 p.m. the court day before the hearing. At the time of requesting oral argument, the requesting party shall leave a voice message to advise th...

Excerpt: ...n May 14, 2019, the Sacramento Police Department executed a criminal search warrant at the Subject Property and discovered a large illegal cannabis cultivation operation consisting of 3,528 illegal cannabis plants. Thereafter, City filled a drug abatement and nuisance civil action against Defendants on June 26, 2019. Defendants Jacobo Small, Phoung Laakso, Blue Sky Land Company, LLC, Tidal Wave Farms, LLC and Good City, LLC'S Motion to Stay all p...

Excerpt: ...CCMS but was never served with it. Nonetheless, defendant has had the opportunity to adequately addressed the merits of the opposition in its Reply. Plaintiff alleges a cause of action for legal malpractice arising out of defendant's representation of him in a criminal matter. Defendant contends the claims are barred by the failure to file a Government Tort Claim and the statute of limitations. Plaintiffs Complaint alleged that on February 25, 20...

Excerpt: ...ulent inducement against the project architect. HDI contends the claims are barred by the statute of limitations, that the negligence claim is barred by the economic loss rule, and that the fraud and concealment claims are defectively pleaded as they do not allege all of the required elements. The First Amended Complaint ("FAC") alleges that in August 2012, HBE, the general contractor, hired Plaintiff as a subcontractor to install a Modified Bitu...

Excerpt: ...see bolded language above), to participate in oral argument on the continuance date. Defendants' Compton, Barretto, Bobbala, Heredia, Macomber, and Wangombe's ("Defendants") Demurrer to the Complaint filed by self‐ represented incarcerated plaintiff is ruled on as follows Defendants' Request for Judicial Notice is granted. Plaintiff alleges a medical negligence claim under Cal. Civ. Code §1714.8, regarding his inability to obtain over the coun...

Excerpt: ...ants on the other hand, which settles the claims of the class and Plaintiff for sixty thousand dollars ($ 60,000) in a non‐reversionary settlement. This case is a putative class action alleging violations of California state law. Defendants Execap, Inc., Executive Autopilots, Inc., Andrey Kalchenko, were engaged in the business of providing full service avionic repairs, installations, and building of custom panels for aircraft ranging from clas...

Excerpt: ... and entered into written account agreement(s) with plaintiff for the account numbers ending in 1002 and 2002 (the "Account") on May 20, 2006. See Plaintiffs Separate Statement(s) of Undisputed Material Facts #1 and # 10 ("Separate Statement(s)"). The defendant agreed to be bound by the terms and conditions set forth in the Cardmember Agreement(s) when the defendant applied for, received or used the credit card account(s). In addition, the Cardme...

Excerpt: ...isputed material facts: Defendant applied to plaintiff for a credit card account and entered into a written credit card account agreement with plaintiff for the account number ending in 5713 (the "Account"). See Plaintiff's Separate Statement of Undisputed Material Facts #1, #10 ("Separate Statement"). The defendant agreed to be bound by the terms and conditions set forth in the Cardmember Agreement when the defendant applied for, received or use...

Excerpt: ...omplaint and, (b) that he does not have sufficient minimum contacts in California to be subject to the jurisdiction of its courts. Service of Summons "Except as otherwise provided by statute, a summons shall be served on a person: (a) Within this state, as provided in this chapter (b) Outside this state but within the United States, as provided in this chapter or as prescribed by the law of the place where the person is served." CCP § 413.10(a) ...

Excerpt: ...raudulent inducement arising out of allegedly negligent professional architectural services conducted by HDI arising out of a Project on which HDI was the architect and Gudgel was the roofing subcontractor. HDI seeks to strike the following portions of the FAC. * Paragraph 15, lines 22‐23: "SCOTT included a statement that, 'the roof contains contaminants affecting the cap sheet bond'." * Paragraph 15, lines 25‐26 and Paragraph 58, lines 21‐...

Excerpt: ...se 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 partied prior to hearing, moving counsel is ordered to appear at the hearing. The notice of motion also does not comply with Code of Civil Procedure §1010 or CRC Rule 3.1110(a). Factual Background This lawsuit follows an earlier one initiated in 2017 by the Petrashishins, whose complaint alleg...

Excerpt: ...oposed settlement. (Cal. Rules of Court, rule 3.769(g).) A presumption of fairness exists where: (1) the settlement is reached through arm'slength bargaining; (2) investigation and discovery are sufficient to allow counsel and the court to act intelligently; (3) counsel is experienced in similar litigation; and (4) the percentage of objectors is small. (Newberg & Conte, Newberg on Class Actions supra, § 11.41, pp. 11‐ 91.) Plaintiff Ismael Pit...

Excerpt: ...nt immediately of the tentative ruling system and to be available at the hearing, in person or by telephone, in the event Cross‐Complainant appears without following the procedures set forth in Local Rule 1.06(B). Cross‐ Defendant's request for judicial notice of (1) a May 13, 2019 “Notice of Entry of Judgment (Small Claims)” entered by the Superior Court of California, County of Placer in small claims case no. RSC0024847, a legal action ...

Excerpt: ...of misjoinder is OVERRULED as follows. Overview This is a products liability, negligence, fraud, medical malpractice, and battery action, in which Plaintiffs allege they sustained serious permanent disabling injuries, including brain damage and neurocognitive injuries, as a result of undergoing multiple rounds of electroconvulsive therapy (“ECT”) by Doctors Goodman and/or Blanco at Sutter Center for Psychiatry (“Sutter”). Plaintiffs alleg...

Excerpt: ...surance Company's (“Allstate”) handling of a homeowner's insurance policy claim. Plaintiffs allege their home sustained fire damage in September 2019, and they subsequently filed a claim with their homeowner's insurance carrier, Allstate. (Compl. ¶¶ 11, 12.) Allstate contracted with Rimkus to inspect the damage and provide an evaluation to Allstate for its use in responding to Plaintiffs' claim. (Compl. ¶ 24.) Rimkus' employee, Schenone, i...

Excerpt: ... 1.06 and the Court's tentative ruling procedure. If Bellingham's counsel is unable to contact opposing parties' counsel prior to the hearing, Bellingham's counsel shall be available at the hearing, by CourtCall or Zoom as stated in the introductory NOTICE to today's Tentative Rulings, in the event opposing parties' counsel appear without following the procedures set forth in Local Rule 1.06(B). Bellingham's motion for a determination of good fai...

Excerpt: ...sregard of Howe Manor, Inc's corporate form. Specifically, Defendants Cox and Newton demur to the first cause of action for specific performance, second cause of action for breach of contract, third cause of action for promissory fraud, fourth cause of action for fraud‐intentional misrepresentation, and fifth cause of action for negligent misrepresentation on these grounds. Defendants Cox and Newton allege they signed the purchase and sale agre...

Excerpt: ...y, Fair Oaks, CA 95628 (the “Property”). Plaintiff alleges NKS Real Estate Holdings Inc. (“NKS”) is the owner of the Property, and Nabil Samaan is President of NKS. Plaintiff filed its Complaint on October 28, 2020, alleging that Defendants have started and continue to allow the construction of the ADU with full knowledge that there was not a building permit issued for said construction. (Compl. ¶ 8.) Plaintiff brought this action “for...

Excerpt: ...asks that the Court allow for further deposition of Carolan Ferreria. The motion 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(D). Plaintiff is ordered to notify Defendant immediately of the tentative ruling system and to be available at the hearing, in person or by telephone, in the event Defendant appears without following the procedures set forth in Lo...

Excerpt: ...e the tentative ruling to Plaintiff Christopher Lipsey within 48 hours of receiving it. The hearing date is continued to January 20, 2021, at 9:00 a.m. in this Department for oral argument. The continuance date is an appearance required hearing so no party needs to request oral argument. The litigation coordinator shall make Mr. Lipsey available by CourtCall or by Zoom audio (if available) to participate in oral argument at 9:00 a.m. on the conti...

Excerpt: ... the scope of discovery sought with respect to the subpoenas to limit the time period from June 2018 to December 2018. The motion is ruled on as follows. The motion is based on the grounds that the deposition subpoenas are overbroad, not directly relevant to the claims at issue in this litigation, and not reasonably calculated to lead to discovery of admissible evidence. The motion is also made on the grounds that the deposition subpoenas demand ...

Excerpt: ...dant. The parties were in a romantic relationship from June 2017 until January 2019. (Def.'s Decl. ¶ 2.) During their relationship, Defendant declares that she experienced incidents of physical violence. (Id. at ¶ 3.) Defendant avers that after an altercation between the parties and their daughter on January 1, 2019, Defendant called the Galt Police Department, who granted her an emergency protective order. (Id. at ¶ 12.) On January 7, 2019, D...

Excerpt: ...cond amended complaint (“SAC”) is ruled upon as follows. Defendants' and Plaintiff's requests for judicial notice are granted. I. Overview This is an attorney malpractice action. Plaintiff alleges that Defendants represented her in the underlying personal injury action (“Underlying Action”) against the City of Sacramento (“City”). The SAC asserts causes of action for breach of contract, breach of fiduciary duty, and legal malpractice....

Excerpt: ...nt 54; the correct address is 813 6th Street, Sacramento, California 95814. Defendants' counsel is directed to contact Plaintiff's counsel forthwith to advise counsel of Local Rule 1.06, the Court's tentative ruling procedure, and Department 54's correct address. If Defendants' counsel is unable to contact Plaintiff's counsel prior to the hearing, Defendants' counsel shall be available at the hearing, by CourtCall or Zoom as stated in the introdu...

Excerpt: ...rs. The Department 53 Zoom ID is: 841 204 6267. Consistent with Local Rule 1.06(B), any party requesting oral argument on any matter on this calendar must comply with the following procedure. To request oral argument, you must call the Department 53 clerk at (916) 874‐ 7858 and opposing party by 4:00 p.m. the court day before the hearing. At the time of requesting oral argument, the requesting party shall leave a voice message to advise the cle...

Excerpt: ...The Department 53 Zoom ID is: 841 204 6267. Consistent with Local Rule 1.06(B), any party requesting oral argument on any matter on this calendar must comply with the following procedure. To request oral argument, you must call the Department 53 clerk at (916) 874‐ 7858 and opposing party by 4:00 p.m. the court day before the hearing. At the time of requesting oral argument, the requesting party shall leave a voice message to advise the clerk t...

Excerpt: ... Department 53 Zoom ID is: 841 204 6267. Consistent with Local Rule 1.06(B), any party requesting oral argument on any matter on this calendar must comply with the following procedure. To request oral argument, you must call the Department 53 clerk at (916) 874‐ 7858 and opposing party by 4:00 p.m. the court day before the hearing. At the time of requesting oral argument, the requesting party shall leave a voice message to advise the clerk that...

Excerpt: ...red” matters. The Department 53 Zoom ID is: 841 204 6267. Consistent with Local Rule 1.06(B), any party requesting oral argument on any matter on this calendar must comply with the following procedure. To request oral argument, you must call the Department 53 clerk at (916) 874‐ 7858 and opposing party by 4:00 p.m. the court day before the hearing. At the time of requesting oral argument, the requesting party shall leave a voice message to ad...

Excerpt: ...artment 53 Zoom ID is: 841 204 6267. Consistent with Local Rule 1.06(B), any party requesting oral argument on any matter on this calendar must comply with the following procedure. To request oral argument, you must call the Department 53 clerk at (916) 874‐ 7858 and opposing party by 4:00 p.m. the court day before the hearing. At the time of requesting oral argument, the requesting party shall leave a voice message to advise the clerk that it ...

Excerpt: ... Department 53 Zoom ID is: 841 204 6267. Consistent with Local Rule 1.06(B), any party requesting oral argument on any matter on this calendar must comply with the following procedure. To request oral argument, you must call the Department 53 clerk at (916) 874‐ 7858 and opposing party by 4:00 p.m. the court day before the hearing. At the time of requesting oral argument, the requesting party shall leave a voice message to advise the clerk that...

Excerpt: ...artment 53 Zoom ID is: 841 204 6267. Consistent with Local Rule 1.06(B), any party requesting oral argument on any matter on this calendar must comply with the following procedure. To request oral argument, you must call the Department 53 clerk at (916) 874‐ 7858 and opposing party by 4:00 p.m. the court day before the hearing. At the time of requesting oral argument, the requesting party shall leave a voice message to advise the clerk that it ...

Excerpt: ...53 Zoom ID is: 841 204 6267. Consistent with Local Rule 1.06(B), any party requesting oral argument on any matter on this calendar must comply with the following procedure. To request oral argument, you must call the Department 53 clerk at (916) 874‐ 7858 and opposing party by 4:00 p.m. the court day before the hearing. At the time of requesting oral argument, the requesting party shall leave a voice message to advise the clerk that it has noti...

Excerpt: ...ired” matters. The Department 53 Zoom ID is:841 204 6267. Consistent with Local Rule 1.06(B), any party requesting oral argument on any matter on this calendar must comply with the following procedure. To request oral argument, you must call the Department 53 clerk at (916) 874‐ 7858 and opposing party by 4:00 p.m. the court day before the hearing. At the time of requesting oral argument, the requesting party shall leave a voice message to ad...

Excerpt: ...t 53 Zoom ID is:841 204 6267. Consistent with Local Rule 1.06(B), any party requesting oral argument on any matter on this calendar must comply with the following procedure. To request oral argument, you must call the Department 53 clerk at (916) 874‐ 7858 and opposing party by 4:00 p.m. the court day before the hearing. At the time of requesting oral argument, the requesting party shall leave a voice message to advise the clerk that it has not...

Excerpt: ...d” matters. The Department 53 Zoom ID is: 841 204 6267. Consistent with Local Rule 1.06(B), any party requesting oral argument on any matter on this calendar must comply with the following procedure. To request oral argument, you must call the Department 53 clerk at (916) 874‐ 7858 and opposing party by 4:00 p.m. the court day before the hearing. At the time of requesting oral argument, the requesting party shall leave a voice message to advi...

Excerpt: ...ce Required” matters. The Department 53 Zoom ID is: 841 204 6267. Consistent with Local Rule 1.06(B), any party requesting oral argument on any matter on this calendar must comply with the following procedure. To request oral argument, you must call the Department 53 clerk at (916) 874‐ 7858 and opposing party by 4:00 p.m. the court day before the hearing. At the time of requesting oral argument, the requesting party shall leave a voice messa...

Excerpt: ...�Appearance Required” matters. The Department 53 Zoom ID is: 841 204 6267. Consistent with Local Rule 1.06(B), any party requesting oral argument on any matter on this calendar must comply with the following procedure. To request oral argument, you must call the Department 53 clerk at (916) 874‐ 7858 and opposing party by 4:00 p.m. the court day before the hearing. At the time of requesting oral argument, the requesting party shall leave a vo...

Excerpt: ...� matters. The Department 53 Zoom ID is: 841 204 6267. Consistent with Local Rule 1.06(B), any party requesting oral argument on any matter on this calendar must comply with the following procedure. To request oral argument, you must call the Department 53 clerk at (916) 874‐ 7858 and opposing party by 4:00 p.m. the court day before the hearing. At the time of requesting oral argument, the requesting party shall leave a voice message to advise ...

Excerpt: ...s. The Department 53 Zoom ID is: 841 204 6267. Consistent with Local Rule 1.06(B), any party requesting oral argument on any matter on this calendar must comply with the following procedure. To request oral argument, you must call the Department 53 clerk at (916) 874‐ 7858 and opposing party by 4:00 p.m. the court day before the hearing. At the time of requesting oral argument, the requesting party shall leave a voice message to advise the cler...

Excerpt: ... matters. The Department 53 Zoom ID is: 841 204 6267. Consistent with Local Rule 1.06(B), any party requesting oral argument on any matter on this calendar must comply with the following procedure. To request oral argument, you must call the Department 53 clerk at (916) 874‐ 7858 and opposing party by 4:00 p.m. the court day before the hearing. At the time of requesting oral argument, the requesting party shall leave a voice message to advise t...

Excerpt: ...41 204 6267. Consistent with Local Rule 1.06(B), any party requesting oral argument on any matter on this calendar must comply with the following procedure. To request oral argument, you must call the Department 53 clerk at (916) 874‐ 7858 and opposing party by 4:00 p.m. the court day before the hearing. At the time of requesting oral argument, the requesting party shall leave a voice message to advise the clerk that it has notified the opposin...

Excerpt: ...pearance Required” matters. The Department 53 Zoom ID is: 841 204 6267. Consistent with Local Rule 1.06(B), any party requesting oral argument on any matter on this calendar must comply with the following procedure. To request oral argument, you must call the Department 53 clerk at (916) 874‐ 7858 and opposing party by 4:00 p.m. the court day before the hearing. At the time of requesting oral argument, the requesting party shall leave a voice...

Excerpt: ...” matters. The Department 53 Zoom ID is: 841 204 6267. Consistent with Local Rule 1.06(B), any party requesting oral argument on any matter on this calendar must comply with the following procedure. To request oral argument, you must call the Department 53 clerk at (916) 874‐ 7858 and opposing party by 4:00 p.m. the court day before the hearing. At the time of requesting oral argument, the requesting party shall leave a voice message to advis...

Excerpt: ...nt 53 Zoom ID is: 841 204 6267. Consistent with Local Rule 1.06(B), any party requesting oral argument on any matter on this calendar must comply with the following procedure. To request oral argument, you must call the Department 53 clerk at (916) 874‐ 7858 and opposing party by 4:00 p.m. the court day before the hearing. At the time of requesting oral argument, the requesting party shall leave a voice message to advise the clerk that it has n...

Excerpt: ...t 53 Zoom ID is: 841 204 6267. Consistent with Local Rule 1.06(B), any party requesting oral argument on any matter on this calendar must comply with the following procedure. To request oral argument, you must call the Department 53 clerk at (916) 874‐ 7858 and opposing party by 4:00 p.m. the court day before the hearing. At the time of requesting oral argument, the requesting party shall leave a voice message to advise the clerk that it has no...