Excerpt: ...ppearance 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 voic...

Excerpt: ...ed” 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 adv...

Excerpt: ...2.) Aiding and Abetting Breach of Fiduciary Duty, 3.) Self‐Dealing, 4.) Unjust Enrichment, 5.) Deceptive and Misleading Solicitations, 6.) Failure to Comply with Statutes and Regulations of the Attorney General, 7.) Removal of Directors and Appointment of Receiver, and 8.) Accounting. All causes of action allegedly arise from a common core of facts and conduct set forth in paragraphs 1‐60 of the Complaint. Plaintiff filed its Notice of Motion...

Excerpt: ...f a mixed‐ use apartment complex (“the Project”) located at the Property. On or about October 12, 2017, Davis/Reed and Plaintiff Lancaster Burns (LB) entered into a subcontract agreement for LB's work on the Project. Plaintiff recorded its first mechanic's lien against the Property as a result of its work on the Project on or about September 13, 2019. Plaintiff released the lien at the request of Defendant 19J to facilitate discussions on P...

Excerpt: ...causes of for wrongful death (of other passengers in the vehicle) and negligence. Plaintiff Kenneth Haines, Jr. ("Plaintiff'), by and through his guardian ad litem Richard Manford, alleges that he suffers from a brain injuries, which resulted in mental impairment as a result of the collision. On October 15, 2020, this Court found that Plaintiff had placed his mental condition at issue, both as to injury and as to related emotional distress, and g...

Excerpt: ...ity, and medical malpractice action. Plaintiffs allege they sustained serious permanent disabling injuries, including brain damage and neurocognitive injuries, due to being subjected to multiple rounds of electric shock therapy while patients at Sutter. Plaintiffs allege that Herrera underwent 11 sessions of ECT shock treatment recommended and administered by Theodore A. Goodman (“Goodman”) and Robert L. Blanco (“Blanco”) at Sutter with a...

Excerpt: ...ntiff alleging RGW Construction “retained control over the job site, retained control over the work area, retained control over worksite safety, retained control over safety measures and so negligently, planned, designated, located, maintained, inspected, supplied, controlled, directed, supervised and engaged in construction and related activities at the job site.” RGW Construction previously moved for summary judgment on the ground that as t...

Excerpt: ...laint asserted causes of action for breach of warranty of habitability, breach of contract, breach of the covenant of quiet enjoyment, private nuisance, premises liability, negligence, retaliation, construction eviction and unfair business practices. Plaintiffs' attorney withdrew from this case in February 2020 and on 6/24/2020, one of the named defendants' demurrer to plaintiffs' complaint was sustained with leave to amend no later than 7/6/2020...

Excerpt: ...ff 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 Northstar Equities, LLC's (“Defendant”) motion for summary judgment, or in the alternative, summary adjudication, is ruled upon as follows. As an initial matter, the court observes that Plaintiff's response to Defendant's separate state...

Excerpt: ... Overview This is a representative action brought pursuant to the Labor Code's Private Attorney General Act (“PAGA”) provisions. Plaintiff's complaint alleges that Defendant violated Labor Code §204(d) by failing to timely pay its employees within seven (7) calendar days following the close of each payroll period. More specifically, plaintiff contends that his payroll period ran from Sunday to Saturday but instead of being paid no later than...

Excerpt: ... notify the clerk and opposing party of the specific causes of action that will be addressed at the hearing. The parties are also reminded that pursuant to local Court rules, only limited oral argument is permitted on law and motion matters. *** The notice of demurrer 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 Ru...

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: ...04 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 opposing pa...

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: ...tters. 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 ...

Excerpt: .... *** Defendants Abir Cohen Treyzon Salo, LLP (“ACTS”) and Federico Sayre's (“Sayres”) (collectively “Defendants”) Motion to Strike portions of Plaintiff Patricia Gilberg's second amended complaint (“SAC”) is ruled upon as follows. Defendants move to strike the following language from Plaintiff's SAC: (1) “Defendants ABIR, COHEN, TREYZON, and SALO and SAYRE breached professional, fiduciary and contractual obligations in their re...

Excerpt: ...art of the remodeling job, the contractor installed a new dishwasher which connected and attached a Watts dishwasher adapter fitting to the new dishwasher. QBE alleges that on 12/14/2018, water loss from Watt's dishwasher adapter fitting caused water damage to the home and its contents. QBE insured Goleno against losses such as those which she sustained in the water loss pursuant to a policy of insurance. QBE has paid Goleno $45,522.56 under the ...

Excerpt: ... 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 message...

Excerpt: ...atters. 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...

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: ... Nationstar Mortgage LLC dba Mr. Cooper as successor by merger to Seterus, Inc.'s (“Nationstar” or “Seterus”) demurrer to Plaintiff Katherine Lathrop's complaint is ruled upon as follows. Nationstar's request for judicial notice is granted. In taking judicial notice of the recorded land documents, the court accepts the fact of their existence, not the truth of their contents. (Herrera v. Deutsche Bank Nat'l Trust Co. (2011) 196 Cal.App.4t...

Excerpt: ...ppearance 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 voic...

Excerpt: ...address for Dept. 53/54. Moving counsel is directed to contact Defendants (or their counsel, if they are represented) forthwith and advise 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 Defendants prior to hearing, moving counsel is ordered to appear at the hearing. A proof of service filed on 11/16/20 (Register of Actions (“ROA”) 12) indicates that Vir...

Excerpt: ...el Vocational Institute “DVl”) from September 6, 2006, to February 19, 2020. He and fellow employee Vladimir Louis had filed a prior lawsuit against CDCR on or about April 3, 2017. Further, Plaintiff alleges he made a report on or about November 28, 2018, to the Office of the Inspector General and to Cal‐OSHA regarding the "very low/freezing temperature" at the DVl Out Patient Housing Unit, "Nursing Staff Office, RC Clinic and Specialty Cli...

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: ...s: 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 notified the opp...

Excerpt: ...overruled. However, the Court notes overruling the objections, it does not accept the truth of any conclusions made by Plaintiff and accepts only those facts supported by the evidence provided. Defendant's objection no. 38 to the screenshot of a job description for the Director of Cancer Services obtained through a Google search, attached as Exhibit E of the Declaration of Watts is sustained. Plaintiff's request for judicial notice of Exhibit E i...

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: ... 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.) Objections to Evidence No evidentiary objections were raised. Backgro...

Excerpt: ...nce 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 mess...

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: ...ted jurisdictional discovery as described below herein. This is an elder abuse action. This matter arises from the admission of decedent Eva Harris at Mission Carmichael HealthCare Center ("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 failure and metabolic acidosis which ultimately caused or...

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: .... 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...

Excerpt: ...o reminded that pursuant to local court rules, only limited oral argument is permitted on law and motion matters. *** Moving counsel failed to comply with CRC Rule 3.1110(b)(3)‐(4). Factual Background Plaintiff Sergii Plysniuk (“Sergii”) was employed as a tractor‐trailer driver by defendant Divine Enterprises, an interstate motor carrier. In February 2018 Sergii was riding in a tractor‐trailer driven by a co‐worker named Vyacheslav Ch...

Excerpt: ...ed” 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 adv...

Excerpt: ...erencing options]. This will also apply to “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 ar...

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 ...

Excerpt: ...ed” 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 adv...

Excerpt: ...ge for violations of the Song‐Beverly Consumer Warranty Act (the “Act”). On July 17, 2015 (Compl. ¶ 6), Plaintiff entered into a Retail Installment Sales Contract (the “RISC”) with Elk Grove Ford to purchase and finance a new 2015 Chrysler 200, VIN 1C3CCCAB2FN750795 (the “Vehicle”). (Compl. ¶ 5.) Plaintiff has delivered the Vehicle to the Manufacturer's authorized service and repair facilities, agents and/or dealers, including Sel...

Excerpt: ...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 notified the...

Excerpt: ...d by an “Affidavit of Fact, Affidavit to Set Aside Default, Quash Service of Summons. Demand for Trial by Jury of National Peers” (“Affidavit”). In addition to the relief noticed in the caption, Respondent requests the court “dismiss entire claim from non‐party MICHAEL DWAYNE INGRAM” (Motion, p. 2), and dismiss criminal charges under Penal Code section 166 (Affidavit, 4:8‐10). Respondents Motion is DENIED as follows: Motion to Vac...

Excerpt: ...sonal injury action arising out of a motor vehicle accident occurring on 7/2/2019. Plaintiff alleges that defendant Bradley, while in the course and scope of his employment with DWT, was driving a “commercial truck” and collided with plaintiff's vehicle. The complaint purports to assert separate causes of action for general negligence, motor vehicle negligence, negligence per se, and negligent hiring/training/supervision (although the latter ...

Excerpt: ...g to enforce the provisions of a retainer agreement executed by the Hill Defendants in connection with the latter's legal malpractice action against another law firm which resulted in a substantial settlement after Freidberg was disqualified. Although Freidberg filed a Notice of Lien in the malpractice action, it is alleged that this lien was not honored by the Hill Defendants, their subsequent attorneys and others. Pursuant to the provisions of ...

Excerpt: ...tatements Defendant made surrounding Plaintiff Sean Loloee's (“Plaintiff”) candidacy for Sacramento City Council in 2020. Plaintiff alleges Defendant made defamatory statements about him in February 2020, accusing him of engaging in illegal acts. The First Amended Complaint (“FAC”) alleges a single cause of action for slander per se. Plaintiff alleges in the FAC in pertinent part: “6. Loloee is a successful businessman and has been resi...

Excerpt: ...ters. 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 c...

Excerpt: ...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 notifie...

Excerpt: ...Defendant Department of General Services (“DGS”) demurrer to Plaintiff CHP Facility ‐ Chico, LLC's (“Plaintiff”) first amended complaint (“FAC”) is ruled upon as follows. Overview This action arises from a construction and leasing agreement between DGS and Plaintiff (“Agreement”). The Agreement was signed on 4/18/2014, with two subsequent amendments changing the commencement date of the lease. Amendment Two changed the commencem...

Excerpt: ...s: 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 notified the opp...

Excerpt: ...No., N502WC (the “Insured Aircraft”). The Insured Aircraft was owned by and leased from SIB Ag Aero, LLC (“SIB”) by Plaintiff's insured, Farm Air Flying Services, LLC (“Farm Air”)." (FAC, ¶ 1.) On 7/23/2016, Defendant's pilot was operating its aircraft when it collided in‐flight with the Insured Aircraft, resulting in a total loss of the Insured Aircraft in the amount in excess of $740,000. On or after 10/11/2016, Plaintiff “paid...

Excerpt: ...is the plaintiff, there is only one ground for a motion for judgment on the pleadings: "the complaint states facts sufficient to constitute a cause or causes of action against the defendant and the answer does not state facts sufficient to constitute a defense to the complaint." (C.C.P. 438(c)(1)(A).) The grounds for the motion shall appear on the face of the challenged pleading or from any matter of which the court is required to take judicial n...

Excerpt: ...* Defendants Seung and Jin Hong's (“Defendants”) demurrer to Plaintiff Sandeep Gupta's (“Plaintiff”) verified second amended complaint (“VSAC”) is ruled upon as follows. Defendants' and Plaintiff's request for judicial notice 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...

Excerpt: ...dant declares that she first learned of this action on March 11, 2020. (Bradshaw Decl. ¶ 1.) At that time, she received correspondence from the law office of Rausch Sturm, purporting to attempt to collect a debt. Though not apparently explained to Defendant, the original debt was $5,127.27 and arose out of a consumer debt. [ROA 1.] Worldwide Asset Purchasing II, LLC, purchased the debt from the original creditor and filed the action in May 2009....

Excerpt: ...denied in part; no party requested oral arguments and the tentative ruling became the Court's minute order on October 20, 2020. Relevant to the instant motion, the October 20 order denied Plaintiffs' motion as to Request Nos. 28, 30, 31, and 40 to the extent that the motion sought to compel Defendant to produce the actual documents requested, but qualified the denial as being without prejudice to the right to notice a motion to compel compliance ...

Excerpt: ...vided to her dog. On April 23, 2020, Defendant served special interrogatories and a request for production of documents on Plaintiff. Plaintiff failed to respond to the discovery requests. Having failed to obtain responses to the discovery requests, Defendant filed motions to compel the responses, which Plaintiff did not oppose and which this Court granted on August 27, 2020 (special interrogatories) and October 6, 2020 (request for production of...

Excerpt: ...the FAC contain causes of action for breach of contract, fraud, and intentional tort. All causes of action are alleged as against Len Reid Reynoso. Only the causes of action for fraud and intentional tort are asserted against Defendants. The causes of action for fraud and intentional tort are supported by the same allegations of fact, while the sum and substance of the breach of contract cause of action is that “Defendant Len Reid Reynoso was r...

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...

Excerpt: ...ment in an attempt to obtain leave to amend, they shall be prepared to specifically discuss the new or different facts which may now be alleged in good faith to overcome the deficiencies noted below. *** Factual Background Plaintiffs purchased the subject property in 2002 and subsequently re‐financed it 2005. Plaintiffs requested and received loan modifications in 2008, 2009, 2011 and 2014. Plaintiffs went into default again in 2016 and foreclo...

Excerpt: ...atters. 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...

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: ... 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 message...

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: ...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: ...ughters. Thereafter, she began a relationship with plaintiff and in 1997, they had a daughter together and plaintiff was ordered to provide child support. The parties eventually separated but in 2005, after resuming a relationship with plaintiff, defendant added plaintiff to the title and jointly obtained a mortgage loan. In 2010, when the loan exceeded the property's value, the parties' relationship ended and plaintiff defaulted on his child sup...

Excerpt: ...to “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...

Excerpt: ... This will also apply to “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 reques...

Excerpt: ...ing options]. This will also apply to “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 argumen...

Excerpt: ...nt to Perform, Breach of Oral Contract, and Conversion. General allegations common to the causes of action are set forth in paragraphs 4 ‐ 23 of the complaint: 4. Around late August and early September of 2016, Plaintiff was asked by his mother HENU YU to borrow money to purchase a home in the Sacramento region of California. 5. At this time. Plaintiff was only aware that his mother had recently moved to Sacramento and suspected that she wanted...

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: ...ifferent capacities from March 18, 2002 until June 2018. (FAC ¶ 5.) On her date of hire, she signed several agreements with Intel, including an Employment Agreement and a Discipline and Discharge Guideline Agreement. (FAC ¶ 6.) Said agreements are attached as exhibits to the FAC and incorporated by reference therein. (Ibid.) The Employee Agreement provides in pertinent part that Plaintiff's employment with Intel is “at‐will[,]” meaning �...

Excerpt: ...ent 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 ...

Excerpt: ...n arises out of Plaintiffs' purchase of real property located at 9581 Jeffcot Road in Wilton, CA (the “Property”) from Defendant Jarrod Schnabel. Homeguard performed the inspections of the Property. The Complaint alleges causes of action for negligence, breach of fiduciary duty, breach of contract, fraud and deceit, negligent misrepresentation, and declaratory relief. Only the causes of action for negligence and declaratory relief are alleged...

Excerpt: ...procedure. If Meadows' counsel is unable to contact Plaintiff's counsel prior to the hearing, Meadows' 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 Plaintiff's counsel appears without following the procedures set forth in Local Rule 1.06(B). Evidentiary Objections Plaintiff Rashelle Cota's (“Plaintiff”) objection to the evidence submitted in Mea...

Excerpt: ...ive ruling procedure. 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 introductory NOTICE to today's Tentative Rulings, in the event Plaintiff's counsel appears without following the procedures set forth in Local Rule 1.06 (B). Defendants' Petition to Compel Arbitration and Stay Judicial Proceedings is GRANTED. The Co...

Excerpt: ...rtment 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 h...

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: ...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: ...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 voi...

Excerpt: ...earance 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: ...equired” 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 t...

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: ...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 notifie...

Excerpt: ...er that cause of action is brought by Silvia Hernandez, Sissi Perez, or both. Any Third Amended Complaint shall fully comply with California Rules of Court, rule 2.112(3). Analysis: The plaintiff has failed to allege facts giving rise to a duty of care. “‘[A]n omission to perform a contract obligation is never a tort, unless that omission is also an omission of a legal duty.' " (Applied Equipment Corp. v. Litton Saudi Arabia Ltd. (1994) 7 Cal...

Excerpt: ...heft of Plaintiff's employees, customers and trade secret information. (SAC, ¶ 1.) Plaintiff alleges Defendants participated in a plan in which RDS interfered with Plaintiff's business by organizing a mass exodus of Plaintiff's employees from Plaintiff to RDS and luring Plaintiff's customers. (Ibid.) Mr. Hilliard and Mr. Reyes are alleged to be former high‐ ranking employees of Plaintiff that organized the en masse resignation of employees fro...

Excerpt: ...breaches of warranty, and fraudulent concealment and omission of the defects. KMA demurs to the third cause of action for violation of Civ. Code § 1793.2(a)(3), the sixth cause of action for fraud by omission, and the seventh cause of action for violation of the Consumer Legal Remedies Act (“CLRA”). Third Cause of Action ‐ Violation of Civ. Code § 1793.2(a)(3) Plaintiff's third cause of action alleges a violation of subdivision(a)(3) of C...

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 ...

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: ...y to “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 lea...

Excerpt: ...ers. 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 cl...

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...

Excerpt: ...d 436(a), and Civil Code section 3294. The portion of the Complaint that sets forth the prayer for punitive damages is at page 17, paragraph 4, and page 10, paragraph 55, lines 18‐19. The motion is based on Defendant Smoke 4 Less's contention that Plaintiff's Complaint does not plead sufficient facts to support a claim for punitive damages. On October 15, 2020, this Motion was continued so that the parties could comply with the meet and confer ...

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: ...rt now rules on the motion as follows. *** If oral argument is requested, the parties must at the time oral argument is requested notify the clerk and opposing counsel of the specific discovery requests 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. *** Plaintiffs' notice of motion does not provide notice of the Court's tentative rul...

Excerpt: ...of the parties' objections to evidence will be addressed at the hearing. The parties should be prepared to point to specific admissible evidence already in the record which is claimed to show the existence or nonexistence of a triable issue of material fact. *** Overview This personal injury action arises out of a February 2018 incident in which plaintiff “tripped over a 6” to 8” raised curb protruding up from a sidewalk on the northeast co...

Excerpt: ...tters. 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 ...

Excerpt: ...roceedings. In short, this action arises out of a Ponzi scheme carried out by Deepal Wannakuwatte (“Deepal”) and his business, International Manufacturing Group, Inc. (“IMG”). Plaintiffs allege that the defendants, consisting of CB&T and its employees, aided and abetted this scheme and caused significant monetary damage to plaintiffs. The operative Complaint (“1AC”) asserts causes of action for aiding and abetting breach of fiduciary ...

Excerpt: ...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 notified the...

Excerpt: ...uth of the intersection with Hurley Way in Sacramento County (the “Bus Stop”). A vehicle driven by Defendant Elisa Loya pulled out of a commercial parking lot into the path of a second vehicle driven by Defendant Alexis Saul Mandujano. The two vehicles collided, causing Mandujano's vehicle to strike Plaintiff at the Bus Stop. The First Amended Complaint (“FAC”) alleges six causes of action. Only the third cause of action for premises liab...

Excerpt: ... amended complaint (“FAC”). Defendant requested supplemental briefing on its argument that Plaintiff fails to allege “actual innocence.” The court granted Defendant's request and has received both parties' supplemental briefs. The court now rules as follows, solely on the issue of “actual innocence”, and incorporates fully herein its prior tentative ruling with respect Defendant's other arguments. Oral argument will only be allowed on...