Excerpt: ...cedure and the manner to request a hearing. The Court notes Plaintiff's motion did not include a proof of service. Defective service deprives the court of jurisdiction (Lee v. Placer Title Co. (1994) 28 Cal.App.4th 503, 509.) Nevertheless, the Court in its discretion will consider the merits of this motion as Defendant Regents of the university of California ("Defendant") has filed a substantive opposition and there does not appear to be any prej...

Excerpt: ...d. No opposition or reply were in the Court's file prior to the March 15, 2023. Defendant appeared at the hearing and indicated that it had opposed the motion even though there was no opposition in the Court's file. Plaintiff also indicated that a reply was filed, though again no reply was in the Court's file. The Court vacated the tentative ruling and ordered the parties to file their respective opposition and reply papers. In this lemon law act...

Excerpt: ...posing 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 counsel is unable to contact opposing counsel prior to hearing, moving counsel is ordered to appear at the hearing by Zoom. This action arises out of an auto accident that occurred on June 20, 2018, on Riverside Boulevard in Sacramento when Plaintiff changes lanes in front of Defendant and then slammed on ...

Excerpt: ...he vehicle contains defects. In the original complaint, he alleged allege causes of action against Defendant for breach of warranties under the Song-Beverly Act and the MagnusonMoss Act and for fraud. Defendant filed a demurrer and motion to strike with respect to the original complaint on May 20, 2020. The demurrer was set to be heard on September 10, 2020. The Court issued rulings sustaining the demurrer with leave to amend and dropping the mot...

Excerpt: ...ntiffs allege they received written warranties and express and implied warrantes from Defendant in connection with the purchase of the Vehicle and that the complaint arises from the warranty obligations. (Comp. '15.) Plaintiffs allege they delivered the Vehicle to an authorized service and repair facility on numerous occasions for defects in the Vehicle, including transmission and electrical defects. (ld. 16, 18.) Plaintiffs allege Defendant fail...

Excerpt: ... 2023 and an "optional" reply was due on April 4, 2023. Defendants contend Plaintiff failed to answer certain questions at the Court ordered March 24, 2023, deposition. Defendants specifically assert that Plaintiff's counsel interposed numerous objections, attempted to testify for Plaintiff based on the objections, or instructed Plaintiff not to answer questions based on grounds that were not based on privilege. The March 24, 2023, deposition beg...

Excerpt: .... ("PBK"), DC Capital Partners, Gary Gery ("Mr. Gery"), and Lora Gery ("Mrs. Gery"). (ROA 1.) She filed the operative First Amended Complaint ("FAC") on February 3, 2022. (ROA 7.) Plaintiff alleges she is a former employee of PBK and worked as an assistant to Mr. Gery, PBK's managing partner. Plaintiff seeks damages for discrimination on the basis of sex, quid pro quo and hostile environment sexual harassment, retaliation, and failure to prevent ...

Excerpt: ...cording to Plaintiff, Defendant Cara Heagy has failed to pay the $40,000. Plaintiff now seeks to enforce the agreement pursuant to CCP S 664.6. CCP S 654.6 provides: "If parties to pending litigation stipulate, in a writing signed by the parties outside the presence of the court or orally before the court, for settlement of the case, or part thereof, the court, upon motion, may enter judgment pursuant to the terms of the settlement. If requested ...

Excerpt: ...he ex parte order indicated that Defendant was to serve Plaintiff with the motion, personally or by email, no later than March 29, 2023. Defendant served the motion by email on March 29, 2023. There is no opposition in the Court's file and no reply. In this personal injury action Plaintiff alleges that she suffered injuries in a two- car accident which occurred on February 19, 2018. Plaintiff indicates that she suffers from PTSD, anxiety, and dep...

Excerpt: ...decisions and the Ninth Circuit's decision in Ngo v. BMW of North America, LLC (9th Cir. 2022) 23 F.4th 942 ("Ngo"), offered as persuasive authority, is granted. 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/or self-represented litigants and advise them of ü)cal Rule 1.06 and the Court's tentative ruling procedure and...

Excerpt: ...anted. In taking judicial notce of these documents, the court accepts the fact of their existence, not the truth of their contents. (See Steed v. Department of Consumer Affairs (2012) 204 Cal.App.4th 112, 120-121 [ "[W]hile the existence of any document in a court file may be judicially noticed, the truth of the matters asserted in those documents, including the factual findings of the judge who was sitting as the trier of fact, is not entitled t...

Excerpt: ...o, CA 95835 (the "Property") is ruled on as follows. Plaintiffs obtained a primary mortgage on the Property that is secured by a Deed of Trust ("DOT") recorded on December 3, 2004. (Complaint, 16.) The Complaint alleges that Defendants Specialized Loan Servicing, LLC ("SLS") and Deutsche Bank National Trust Company ("DBNTC") (collectively "First Loan Defendants") violated the California Homeowner's Bill of Rights by commencing nan-judicial forecl...

Excerpt: ...Northeast Partners v. Buice (1996) 49 Cal.App.4th 1576, 1582.) Here, Aaron Zepeda filed his Complaint on March 26, 2018, seeking partition of real property at 6914 Stoneman Drive in North Highlands, California. (ROA 1.) Plaintiff claimed he was the owner of an undivided one-half interest in the property, which was co-owned by Defendant. (Compl. 6-8.) Defendant filed a cross-complaint on April 18, 2018. (ROA 11.) Defendant's memorandum of points a...

Excerpt: ...ing parties prior to hearing, moving counsel is ordered to appear at the hearing by Zoom or by telephone. The motion of Defendant Ford Motor Company ("Ford") to strike or tax costs claimed by Plaintiff Jose Guzman ("Plaintiff") is ruled on as follows. This acton was ultimately settled following Plaintiff's acceptance of an offer to compromise made pursuant to Code of Civil Procedure S 998. (Clayton Decl., '1 3.) On December 14, 2022, Plaintiff fi...

Excerpt: ... to improperly gain control of NIVANO through various means, including stock purchases, control of the board of directors, and other means, by which Plaintiff alleges that Patel improperly and unjustly enriched himself and his family. In October 2021, Plaintiff served fts initial round of discovery, including special interrogatories. In April 2022, Plaintiff NIVANO propounded additional sets of discovery, including set two of the special interrog...

Excerpt: ...ntact opposing parties prior to hearing, moving counsel is ordered to appear at the hearing by Zoom or by telephone. The motion of Defendant Media Ocean, Inc. dba Lending Express ("Defendant') to quash service of summons and for dismissal of the action is denied. On March 30, 2023, after the deadline for a reply had passed, Defendant filed late objections to the declaration of Mario Moore. The objections are overruled as untimely. The objections ...

Excerpt: ...y of the tentative ruling system and to be available at the hearing, in person or via Zoom, in the event Plaintiffs' counsel appears without following the procedures set forth in Local Rule 1.06(B). Here, Defendant seeks to strike portions of paragraphs 1 and 16 in the FAC, and portions of the Prayer for Relief, seeking punitive damages and concomitant special damages under the Elder Abuse Act, as well as treble damages pursuant to Civil Code sec...

Excerpt: ...claim and costs to be determined. Plaintiff filed a Memorandum of Costs on December 28, 2022, and an Amended Memorandum of Costs on December 29, 2022. Plaintiff's Amended Memorandum of Costs seeks a total of $4,032.39, as follows: • Filing and motion fees - $478.50 • Jury fees - $200.50 • Deposition costs $1,209.67 • Service of process - $110 • Fees for electronic filing or service - $177.50 • "Other" - $1,855.22. Legal Standard In ru...

Excerpt: ...nd Frank were employed as finance salesmen, while Plaintiffs Williams and Nguyen were employed as vehicle salesmen. (Fensler Decl., 5-9.) As part of their employment, each Plaintiff signed agreements stipulating to submitting any employment-related claims to binding arbitration. (See Fensler Decl., 5.6- 9, and Exhs. A-D of Petition.) In this regard, the arbitration agreement states, in relevant part: "By signing my name below and/or by accepting ...

Excerpt: ... Plaintiff after the Court's approval of the parties' stipulation. (ROA 255.) According to the Register of Actions, the 5AC appears only as Exhibit A to the parties' stipulation. (ROA 255.) For the future, the Court directs the parties that in any instance where a stipulated order is sought for the filing of a pleading, upon Court approval of such stipulation, the pleading at issue must be separately filed thereafter. Nonetheless, here, it clearl...

Excerpt: ... Ford filed the demurrer. Boyd contends both the filing and service of the demurrer were"" ineffective and therefore the demurrer should be overruled in its entirety. However, the declaration of Ford's counsel reflects multiple attempts to meet and confer prior to filing of the moton but that defendant did not respond to Ford's correspondence. (See Decl Dean, dated October 19, 2022.) Therefore, the Court finds that the meet and confer was adequat...

Excerpt: ...s a single cause of action for general negligence. Plaintiff alleges that on October 31, 2019, he was arrested at his home at 2625 Meadowview Road. Plaintiff further alleges that the Sacramento County Sheriff's Deputy who transported him negligently secured him in the back of the vehicle, and when the Deputy had to slam on the brakes, Plaintiff was thrown forward, hitting his head on the plexiglass divider and injuring his head, neck, and upper b...

Excerpt: ...8, 2022, Defendants filed a motion to compel Plaintiff's further responses to various written discovery sets. (ROA 364.) The moton sought further responses to the followng discovery: (1) Dr. Haddadan's Form Interrogatories, Set One, Nos. 12.1 and 17.1; (2) Dr. Haddadan's Special Interrogatories, Set One, Nos. 2, 5-6, 12, 13, 16, 19, 22, 25, and 28 (3) Dr. Haddadan's Request for Admissions, set one, Nos. 5-14, 23-36, and 32; (4) Advanced Pain's Re...

Excerpt: ... a series of written agreements between the parties related to the development of solar technology and the sale and installation of solar panels for residential and commercial use. According to Plaintiffs, in 1986, Defendant founded a company called "Total Access Communications, Inc." In 1990, the company was suspended by the California Franchise Tax Board and never revived, and has thus been barred from conducting business since then. In 2013, D...

Excerpt: ... December 21, 2020 following a surgery to treat an ulcer. Complications arising from her surgery included delirium and hypglycemia for which she relied on defendants to provide her with the basic custodial care to address these conditions, including providing her with the insulin she previously administered to herself. Plaintiffs allege that staff was overworked, under-trained, and undersupervised, Ms. Smith was given 90 units of insulin - which ...

Excerpt: ...rrow any of requests or address the "compound" argument. The Court finds that defendant adequately met and conferred. Plaintiff's Objection to evidence offered in the Reply is overruled. The Reply papers do not raise new issues but are rather responsive to issues raised in the opposition. This is an action for partition in which plaintiff, who was in a romantc relationship with defendant for many years, alleges that he contributed to the down pay...

Excerpt: ...a writing signed by the parties outside of the presence of the court or orally before the court, for settlement of the case, or part thereof, the court, upon motion, may enter judgment pursuant to the terms of the settlement." (CCP S 664.6(a).) This is a debt collection action. Plaintiff and Defendant Keith Jones ("Defendant") entered into a written settlement agreement on or about December 13, 2021. (Karayan Decl., 3, Exh. 1 (hereafter, "Settlem...

Excerpt: ...om Trailers & Power Sports, Trinity Racing, Dynojet Research, Inc., and Does 1 through 100. Plaintiffs' initial complaint included three causes of acton: (1) strict liability; (2) negligence; and (3) breach of warranties. Plaintiffs allege that on September 26, 2020, they were traveling on a 2019 Polaris RZR Turbo S in Butte County when the vehicle spontaneously caught fire. According to the operative first amended complaint ("FAC"), Plaintiff To...

Excerpt: ...PCCP/Vrame, which in turn owns 100% of Gill Ranch, LLC ("Gill Ranch"). Gill Ranch owns real pro#rty located in Sacramento County, California. In 2017, Gill Ranch sold certain portions of real property burdened by various conservation easements to the Gansbergs. As part of the transaction, Gill Ranch reserved the right to encumber the Gansbergs' property with conservation easements. Plaintiffs contend that Vrame breached his fiduciary duty to them...

Excerpt: ...l issues in this motion provided nearly a week to respond, and Plaintiff provded multiple extensions to Defendant to respond, such that Defendant took fourteen (14) days to respond to the letter. Defendant declined the offer to meet and confer by telephone. (See Reply Decl. of Eliezer Cohen) Plaintiffs are two first grade students who allege that another first grade student engaged in inappropriate sexual contact with them while they attended Kin...

Excerpt: ...laintiff filed her Complaint against Defendant on February 7, 2022. Defendant filed its Answer to the Complaint on June 28, 2022. Trial is currently scheduled for April 15, 2024. By this motion, Plaintiff seeks to compel Defendant to produce its Person(s) Most Knowledgeable ("PMK") and documents responsive to Plaintiff's Notice of Deposition of Piaggio Group Americas, Inc.'s Person(s) Most Knowledgeable, With Production of Documents, pursuant to ...

Excerpt: ...OSED and GRANTED. Plaintiffs' request for judicial notice of all pleadings and papers filed in this achon is granted. In taking judicial notce 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 find-ngs of fact are true]; Steed v. Department of Consumer Affairs (2...

Excerpt: ...iffs allege causes of action for breach of contract and breach of the implied covenant of faith and fair dealing against Nationwide. They also allege a negligence cause of action against Nationwide, Bullseye Leak Detection, Inc., and American Leak Detection, Inc. They also allege a professional negligence cause of action against Nationwide and Ali Moradi. Plaintiffs allege they filed claims under their homeowners' with Nationwide regarding the wa...

Excerpt: ...") (collectively, "Plaintiffs") First Amended Complaint ("IAC") is ruled upon as follows. Defendants' request for judicial notice is granted. Factual and Procedural Background This action arises out of lease agreement entered into between NRH and Khyber LLC to lease the premises located at 1014 Riley Street, Suite 1, in Folsom, California (the "Premises") for a term of 10.5 years (the "Lease"). (IAC 16, Exh. A.) Mr. Ahmadzai executed a guaranty o...

Excerpt: ...states, LLC (2007) 152 Cal.App.4th 1106, 1117-18.) However, the Court does not accept the truth of any facts within the judicially noticed documents except to the extent such facts are beyond reasonable dispute. (ld.) In this action Plaintiff Monica Mitchell alleges numerous causes of acton against Defendant arising out of allegations that Defendant committed sexual assault and battery against her during medical treatment. Plaintiff also alleges ...

Excerpt: ...709.310 and Corporations Code section 17302 ("Section 17302"), Plaintiff argues that the Court should enter an order against Defendant, applying Defendant's interests in LSP toward the satisfaction of Plaintiff's Judgment against Defendant. Defendant opposes the motion. In opposition, also citing to Section 17302, Defendant argues that the Court can only charge the "assignable" membership interest of the judgment debtor to satisfy the judgment. p...

Excerpt: ...as 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. Moving Party's notice of motion does not provide notice of the Court's tentative ruling system, as required by Local Rule 1.06. Counsel for Moving Party is directed to contact the opposing party and advise counsel of Local Rule 1.06 and the Court's tentative ruli...

Excerpt: ... Department of ("CalTrans") demurrer to the first, second, third, fourth, fifth, sixth, seventh, and tenth causes of action of Plaintiff Jennifer Gagnon's ("Plaintiff") first amended complaint ("FAC") is ruled upon as follows. Overview This is an employment action. Plaintiff alleges that CalTrans hired her on June 2015 as an environmental planner in the Oakland office. (FAC, '1 18.) Plaintiff became pregnant in September 2015. She alleges that he...

Excerpt: ... a challenge to temporary regulations promulgated by CDCR that award inmates sentence-reducing credits for sustained good behavior, educational achievements, and participation in rehabilitative programming. CDCR adopted the regulations in accordance with Proposition 57, passed in 2016, which added Article l, section 32 to the California Constitution. Article l, Section 32 authorizes and directs the CXR to adopt regulations that award credits for ...

Excerpt: ... ("OCIC") and makes various other changes to clarify and organize the pleading. (See Notice; Plaintiff's Exh. 1.) As a general matter, "[tlrial courts are vested with the discretion to allow amendments in the furtherance of justice... That trial courts are to liberally permit such amendments, at any stage of the proceeding, has been established policy in this state...restng on the fundamental policy that cases should be decided on the merits." (H...

Excerpt: ...nty of Sacramento ("Defendant" and/or "County") produced the sought-after dtNument responsive to that RFP, so Plaintiff states in his reply that "the motion as to Request No. 171 is moot." (Reply 2:14-16.) The Court further notes that it did not consider the Declaration of Jill Telfer and the exhibits attached thereto filed in reply as they comprise new evidence to which Defendant has not had an opportunity to (See, e.g., Jay v. Mahaffey (2013) 2...

Excerpt: ...lda Guerrero; Emiliano Guerrero, a minor, by and through his guardian ad litem, Esmeralda Guerrero; and Plaintiff JPG (collectively "Plaintiffs") allege injuries and damages. (See generally Comp'.) Pertinent here, Defendant highlights that Plaintiff JPG identified in his responses to form interrogatories that his injuries include "[e]motional and mental distress affecting Plaintiffs body and mind, including as manifested through sadness, anxiew, ...

Excerpt: ...ompel arbitration as to Elk Grove Dodge but denying the motion to compel arbitration as to FCA (Sohal Decl., Exh. 1.) The Court's order also stayed the action pending resolution of the arbitration. (Ibid.) On December 8, 2022, Plaintiff voluntarily dismissed the claims against Elk Grove Dodge. (Sohal Decl., Exh. 2) Plaintiff now requests the Court lift the stay so that Plaintiff may proceed with its claims against FCA. Defendants oppose the moton...

Excerpt: ...s required by Local Rule 1.06(D). Counsel for Defendant is ordered to notify Plaintiffs' counsel immediately of the tentative ruling system and to be available at the hearing, in person or by telephone, in the event Plaintiffs' counsel appears without following the procedures set forth in Local Rule 1.06(B). The Court further notes counsel for Defendant has failed to comply with this rule on prior similar motions in other matters. Counsel is dire...

Excerpt: ...e parties outside of the presence of the court or orally before the court, for settlement of the case, or part thereof, the court, upon motion, may enter judgment pursuant to the terms of the settlement." (CCP S 664.6(a).) This is a debt collection action. Plaintiff and Defendant Wee S. Chong ("Defendant") entered into a written settlement agreement on October 7, 2022. (Mulhorn Decl., 3, Exh. 1 (hereafter, "Settlement Agreement").) Plaintiff file...

Excerpt: ...led upon as follows. Opposing counsel failed to comply with CRC Rule 3.1110(b)(3)-(4). Factual Background This achon arises out of a 2020 motor vehicle accident on Interstate 5 in Elk Grove. According to the IAC, defendant Vargas-Zaragoza was at the time driving his employer's Ford F-150 with a load of rebar and lost control, striking several other vehicles. The IAC includes an "Exemplary Damages Attachment" which includes inter alia the followin...

Excerpt: ... for plaintiffs' failure to bring it to trial within three years of commencement 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. 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 counsel is unable to contact opposing counsel...

Excerpt: ...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 counsel is unable to contact opposing counsel prior to hearing, moving counsel is ordered to appear at the hearing in person, by Zoom or by telephone. Moving counsel failed to comply with CRC Rule 3.111...

Excerpt: ...ailed to comply with CRC Rule 3.1110(b)(3). Opposing counsel failed to comply with CRC Rule 3.1110(b)(4). Factual Background This action arises out of plaintiff's investments in defendants' business. The complaint filed on 8/24/2020 asserts causes of action for breach of contract, common counts, fraud, conversion and various statutory violations. Trial is currently set to commence on 5/9/2023 and this motion has been specially set on shortened ti...

Excerpt: ...oton does not provide the correct address for Dept. 53/54. Moving counsel failed to comply with CRC Rule 3.1350(b) and (h), requiring that issues presented for summary adjudication be stated in the notice of motion and repeated verbatim in the separate statement. 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 direc...