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: ...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 opposi...

Excerpt: ...al cannabis businesses. CG is a California corporation owned by Defendant Richard Anthony “Tony” Vasquez (“Tony”) that owns and operates a cannabis manufacturing site. (FAC ¶ 2.) GWF is a California corporation ostensibly owned by Tony's wife, Defendant Stefanie Vasquez (“Stefanie”), which is engaged in cannabis cultivation. (FAC ¶ 3.) GWI is a California corporation ostensibly owned by Tony and Stefanie's son, Tyler Vasquez ("Tyler...

Excerpt: ...g 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 argument,...

Excerpt: ...e 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 tha...

Excerpt: ...g defendant's 112 Undisputed Material Facts and/or which of plaintiffs' 22 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 non‐existence of a triable issue of material fact. *** Plaintiffs' counsel failed to comply with CRC Rule 3.1354(b), which prohibits a party from restating or rearguing objections ...

Excerpt: ...m 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 t...

Excerpt: ...uired” 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 ...

Excerpt: ...nd (“Raymond”) and Joanne (“Joanne”) Suavillo's dogs. On 11/4/2019, Plaintiffs named Joanne Suavillo, as an individual, as Doe 1. (RJN, Ex. 3.) On 1/6/2020, the court granted Wandering Boba's motion for summary judgment. In granting the motion, the court found that there was no triable issue of material fact that Raymond was not in the course and scope of his employment at Wandering Boba at the time of the incident, and thus Wandering Bob...

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: ...quired” 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...

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: ...��) through Cal State 9 Credit Union that was secured by a Deed of Trust (“DOT”). (Complaint, ¶ 11.) In 2008, the DOT was assigned to defendant Bosco Credit LLC (“Bosco”). (Complaint, ¶ 12.) Defendant Franklin Credit Management Corp. (“Franklin”) is the servicer. (Id.) The credit limit of $68,200 was distributed to Plaintiffs. (Complaint, ¶ 13.) In September 2008, Plaintiff Alejandro Alejandro filed for bankruptcy. (Complaint, ¶14...

Excerpt: ...isgruntled client, pro per Defendant Darrell Archer (“Defendant”), created a website bearing the name “timothykassouni.com” that published certain defamatory statements about Plaintiffs. The website also links to a second page, “thompsonangela.com” which also made false claims about Plaintiffs. On 9/18/2020, Plaintiffs obtained a TRO against Defendant ordering him to: [I]mmediately take down and remove his internet website timothykass...

Excerpt: ...e 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 tha...

Excerpt: ...he 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 th...

Excerpt: ... at her home, located at 3071 East Curtis Park Drive in Sacramento, CA. The City filed a public nuisance action against Plaintiff on April 30, 2019, alleging Plaintiff undertook the referenced improvements without obtaining the necessary permits. Plaintiff cross‐complained against the City on June 19, 2020. Plaintiff subsequently filed the instant action against the City and Schenirer on February 25, 2020. She filed the FAC on March 4, 2020. Th...

Excerpt: ...rties 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 court rules, only limited oral argument is permitted on law and motion matters. *** This is an employment and wage and hour action. Plaintiff alleges that she worked in Defendant Amy Woo's dental practice handling front desk and administra...

Excerpt: ...ct, et al. action is substantively unopposed and is ruled upon as follows. This is a consolidated construction indemnity and subrogation action arising from a fire. Request for Judicial Notice Cross‐Defendants' Request for Judicial Notice (“RJN”) is unopposed and 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 Tr...

Excerpt: ...ors settlement, particularly in class actions and other complex cases where substantial resources can be conserved by avoiding the time, cost, and rigors of formal litigation. (See Newberg on Class Actions (4th ed. 2002) § 11.41 (and cases cited therein); Class Plaintiffs v. City of Seattle (9th Cir. 1992) 955 F.2d 1268, 1276; Van Bronkhorst v. Safeco Corp. (9th Cir. 1976) 529 F.2d 943, 950; see also Potter v. Pacific Coast Lumber Co. (1951) 37 ...

Excerpt: ... a class action settlement, the Court is to determine whether the settlement is fair, reasonable and adequate, in light of all of the circumstances. ( California v. Levi Strauss & Co. (1986) 41 Cal.3d 460, 471; Dunk v. Ford Motor Co. (1996) 48 Cal.App.4th 1794, 1801.) The trial court has broad discretion to determine whether a proposed settlement in a class action is fair, adequate, and reasonable. ( Wershba v. Apple Computer (2001) 91 Cal.App.4t...

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: ...as domesticated and pursued a judgment it obtained against Plaintiff in New York related to the underlying loan agreements. (See SAC ¶¶ 5, 63, 64, 87.) The Court previously granted Defendant CCL's motion to dismiss the First Amended Complaint for lack of personal jurisdiction but with leave to amend. The SAC admits that CCL is headquartered in New York but alleges that CCL "did business throughout the State of California during all pertinent ti...

Excerpt: ... 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 requesting party shal...

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: ...‐ Beverly Act, plus Plaintiffs' reasonably incurred attorney's fees, costs and expenses. The 998 Offer did not provide for any monetary amounts. Regarding the vehicle component, Defendants offered to pay whatever Plaintiffs were entitled to under Civil Code § 1793.2(d)(2)(B). Regarding the second component, reasonably incurred court costs, attorney's fees and legal expenses per Civil Code § 1794(d), both were to be determined by the court mot...

Excerpt: ...rtners Defendant Thomas Roland (“Roland” or “Defendant”) and Plaintiff Claudel Jeannot (“Jeannot” or “Plaintiff”). The Court notes that it appears Plaintiff paid only one $60 filing fee in connection with this motion, although Plaintiff seeks at least four different orders (i.e., responses to form interrogatories, responses to special interrogatories, responses to requests for production, and an order deeming requests for admissio...

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: ...ted on law and motion matters. *** The demurrer of defendant Liane Bender's (sued erroneously as Liane Sigl) demurrer to plaintiff in pro per's Second Amended Complaint (“2AC”) is UNOPPOSED and SUSTAINED without leave to amend, as follows. Factual Background This action arises out of the death of plaintiff's mother in November 2017 following her stay at two different medical facilities, Mercy San Juan Medical Center (“Mercy”) and Mission ...

Excerpt: ...he 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 th...

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 a...

Excerpt: ...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 opposi...

Excerpt: ...ument is requested, the parties are directed to notify the clerk and opposing counsel at the time of the request which of moving defendant's 23 Undisputed Material Facts, plaintiff's 33 Additional Material Facts and/or Hastie's six (6) Additional Material Facts 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 non‐existence of...

Excerpt: ...nally set for hearing on 9/1/2020 but was continued to this date at the request of the Moving Parties to remedy Terra Aqua Builders, Inc.'s corporate suspension for failure to pay its taxes. It appearing that this corporation is now back in good standing, the Court now rules as follows. The notice of motion does not comply with Code of Civil Procedure §1010 or CRC Rule 3.1110(a). The proof of service attached to the moving papers fails to comply...

Excerpt: ...arance 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 m...

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...

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: ...“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 ...

Excerpt: ....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. Moving counsel failed to comply with CRC Rule 3.1350(g), requiring a single volume of evidence (including declarations) with a table of contents when the evidence exceeds 25 pages. Overview This action concerns whether defendant USIC owes a...

Excerpt: ...intiff also asks the Court to order Defendant's default to be entered, and to award monetary sanctions in the amount of $935.00. Plaintiff brings the instant motion only after this Court entered its order of July 21, 2020, requiring Defendant to serve written responses to Plaintiff's First Set of Form Interrogatories, Special Interrogatories, and Requests for Production of Documents . On the same date, the Court deemed admitted Plaintiff's outsta...

Excerpt: ...e 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 messag...

Excerpt: ...oyees who worked for Defendant from December 27, 2014 to August 10, 2019, and, based on that stipulation, the Court has entered an order certifying the class. Plaintiffs allege that Defendant (1) failed to pay minimum wages for all hours worked, (2) failed to properly compensate for rest periods, and (3) failed to provide accurate wage statements. The parties have stipulated to file cross motions for summary adjudication regarding the legality of...

Excerpt: ...ment 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: ... 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: ... 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: ...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: ... P. Ludke and Kay K. Anderson as Trustees (“Trustees”) of the Ludke‐Anderson Revocable Trust Dated May 28, 2003 (“Trust”)(collectively “Defendants”) is ruled upon as follows. This is an action for Breach of Contract and Guaranty. Plaintiff alleges that Jones, Ludke, and Wilson are or were shareholders and/or officers of C+D at all material times. Plaintiff alleges that on 2/4/2014, it entered into a Business Loan Agreement with C+D ...

Excerpt: ...ment 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: ... 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: ...t is to determine whether the settlement is fair, reasonable and adequate, in light of all of the circumstances. ( California v. Levi Strauss & Co. (1986) 41 Cal.3d 460, 471; Dunk v. Ford Motor Co. (1996) 48 Cal.App.4th 1794, 1801.) The trial court has broad discretion to determine whether a proposed settlement in a class action is fair, adequate, and reasonable. ( Wershba v. Apple Computer (2001) 91 Cal.App.4th 224, 244, 245; Rebney v. Wells Far...

Excerpt: ... 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. *** Defendants Overlook at Blue Ravine, LLC (“Overlook”) and Realty Center Management, Inc.'s (“RCMI”) (collectively “Defendants”) motion for summary judgment, or in the alternative, summary adjudication is ruled upon as follows. Overview This is a per...

Excerpt: ...ional misrepresentation, negligent misrepresentation, and conversion. (FAC, p. 2.) However, the actual attachments contain causes of action for breach of contract, fraud, and intentional tort. Only the causes of action for fraud and intentional tort are asserted against Defendants. Each of the causes of action are supported by the same allegations of fact. In pertinent part, Plaintiff alleges he is a beneficiary of the Reynoso Trust (the “Trust...

Excerpt: ...sts, are ruled upon as follows. The Plaintiff's requests for judicial notice are granted as to Exhibits A, F, G, J, K, O. The requests are denied as to Exhibits H and I. This grant of judicial notice is subject to the evidentiary limitations and purposes for which such matters may be judicially noticed. While the existence of documents in a court file may be judicially noticed, the truth of the matters asserted in those documents, including the f...

Excerpt: ...partment 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: ...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: ...epartment 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 i...

Excerpt: ...(hereinafter "Dr. Si".) Dr. Si filed a previous demurrer to the original Complaint, which was sustained in its entirety by the Court on February 7, 2020. (Whatley Dec. ¶3.) Plaintiffs Xin Liu and newly added plaintiff A.R. Ngai then filed a First Amended Complaint on February 21, 2020. (Whatley Decl. ¶4). The First Amended Complaint alleges medical negligence, negligent infliction of emotional distress, intentional infliction of emotional distr...

Excerpt: ...t Tran's crosscomplaint is DENIED as set forth below. The motion of Cross‐Defendant Quang V. Luong (“Luong”) for summary judgment or in the alternative summary adjudication against Tran's cross‐complaint is DENIED as set forth below. Tran opposes the motions. This action involves a contract dispute arising from the sale of a business interest between Tran and Vector in July 2015. Under the agreement, Vector sold to Tran a 20% membership i...

Excerpt: ...nsisting of a 266‐page separate statement, and a supporting declaration comprising 226 pages of material. The omnibus motion format significantly complicated focused individualized analysis on the very different merits of each deposition notice topic and evaded $300 of additional motion fees. The six motions are ruled upon as set forth below. Plaintiffs move to compel the production of deponents and documents responsive to six separate PMQ depo...

Excerpt: ...tment 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 ha...

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: ...ance 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 mes...

Excerpt: ...��PCA”) in June 2017. Defendants David Burkhart and Bradley Burkhart guaranteed the License Agreement. Pursuant to the License Agreement, PCA had the right to non‐exclusive possession of HBB's property on Power Inn Road in Sacramento, CA (the “Property”). Pursuant to the terms of the License Agreement, PCA did business at the Property from approximately June 1, 2017, through February 2020. HBB sent a letter dated February 13, 2020, to PCA...

Excerpt: ...'s care as a resident at their assisted living facility. Plaintiffs are the Decedent's surviving spouse and adult children. The Complaint alleges three causes of action for: 1) negligence, 2) breach of contract, and 3) wrongful death. Plaintiffs allege in the Complaint in pertinent part as follows: “11. Mrs. Baker was admitted to Fair Oaks Estates' senior assisted living facility as a patient on July 8, 2019. Although Mrs. Baker had suffered a ...

Excerpt: ...the 15 pages permitted “does not include the caption page, . . . the table of contents, [and] the table of authorities.” Excluding said pages from Plaintiff's opposition, it is 16 pages, and only four lines of text are on the 16th page. The Court, in its discretion, considers the entirety of Plaintiff's opposition. Moreover, the four lines of text on the 16th page of the opposition do not affect the Court's ruling on the motion. This is a neg...

Excerpt: ...n which the parties state that “Defendant has now significantly limited the scope of the pending issues[,]” and is no “longer . . . seeking further amended responses to [its] Special Interrogatories.” (Joint Disc. Statement 1:22‐26.) The Court now decides the discovery disputes which remain at issue. Request for Production of Documents Nos. 1‐4, 6‐9, 11‐15, 18‐23, 29‐30 Defendant moves for further responses to Request for Prod...

Excerpt: ...�) opposes. Plaintiff's Request for Judicial Notice, which attaches copies of Court records in this action and the AAA supplementary rules for class arbitrations, is unopposed and is granted. In taking judicial notice of these documents, the court accepts the fact of their existence, not the truth of their contents. (See Professional Engineers v. Dep't of Transp. (1997) 15 Cal.4th 543, 590 [judicial notice of findings of fact does not mean that t...

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: ...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: ...ccount with Defendant. (Compl. ¶ 59.) When opening the account, Plaintiff alleged entered into an agreement ("account agreement") that included "overdraft" and "overdraft privilege service" provisions governing instances in which an account is overdrawn. (Id. ¶¶ 31‐32.) On some occasions, Defendant allegedly improperly assessed overdraft fees because it determined sufficiency of funds based on an account's "available balance" ‐ the actual ...

Excerpt: ... Notice (“Def.'s RJN”), which attaches court filings in other actions, is unopposed and is granted. In taking judicial notice of these documents, the court accepts the fact of their existence, not the truth of their contents. (See Professional Engineers v. Dep't of Transp. (1997) 15 Cal.4th 543, 590 (judicial notice of findings of fact does not mean that those findings of fact are true); Steed v. Department of Consumer Affairs (2012) 204 Cal....

Excerpt: ...�Defendant”). In other words, BANA is willing to produce the requested documents, but wishes to keep them confidential and used solely for purposes of this action. The proposed protective order was filed with the moving papers. (Register of Actions (“ROA”) 53.) Defendant opposes. The discovery statutes expressly authorize the Court to enter a protective order restricting the method of disclosure of trade secrets, confidential research, or c...

Excerpt: ... 3.1110(b)(3)‐(4). Factual Background Plaintiffs Singh and Dev filed this action on 12/17/2019 against several defendants including defendants Bains, Kumar and Kaur. The verified complaint purports to assert a total of five causes of action for breach of fiduciary duty, “fraud,” elder financial abuse, elder financial abuse and conversion. The claim against defendant Bains is premised on his alleged misconduct as a Notary Public in connectio...

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: ...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: ... “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...

Excerpt: ...rt records in this action and the AAA supplementary rules for class arbitrations, is unopposed and is granted. In taking judicial notice of these documents, the court accepts the fact of their existence, not the truth of their contents. (See Professional Engineers v. Dep't of Transp. (1997) 15 Cal.4th 543, 590 [judicial notice of findings of fact does not mean that those findings of fact are true]; Steed v. Department of Consumer Affairs (2012) 2...

Excerpt: ...3 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 notifi...

Excerpt: ...as GAL for Plaintiff on 7/10/2020. Defendant seeks to remove the GAL on grounds that: (1) Plaintiff does not need a GAL because in February 2020, Defendant's “activities director” conducted a cognitive analysis of Plaintiff and found her to have adequate mental capacity; and (2) Defendant suspects that the GAL has interests adverse to Plaintiff because in 2015, Defendant suspected the GAL of financial elder abuse against Plaintiff because of ...

Excerpt: ... order. The Court now rules on defendant's motion to compel plaintiff's further responses, as follows. *** If oral argument is requested, the parties must at the time oral argument is requested notify the clerk and the opposing party of the specific discovery requests that will be addressed at the hearing. The parties are also reminded that pursuant to local rules, only limited oral argument is permitted on law and motion matters. *** Defendant f...

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: ... 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: ...Objections The Court does not reach Plaintiff Devinderjit Singh's (“Plaintiff”) objections to Defendant's evidence in support of his motion since the subject evidence is immaterial to the Court's decision on the motion. Background This derivative action arises out of a dispute over Nori Orchards, LLC (the “Company”), a company previously owned by Plaintiff and Defendant. Plaintiff and Defendant formed the Company in 2018 for the purpose o...

Excerpt: ...rt to have certain transmission and engine defects repaired. Plaintiff alleges GM failed to repair the defects or repurchase the subject vehicle in violation of the Song‐Beverly Consumer Warranty Act (the "Act"). He further alleges that GM's violations were willful, entitling him to treble damages under the Act. Relevant to this motion, Plaintiff previously filed a motion to compel further responses to this same set of document requests. In rul...

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: ...loyment Background Plaintiff began working for the Regents in 1998 as a MOSC II. (Pl.'s Separate Statement in Opp'n to Mot. (“SS”) No. 1.) Plaintiff thereafter held various positions at the UC Davis Comprehensive Cancer Center (“Cancer Center”), including MOSC III, MOSC IV, and MOSC V. (SS No. 2.) Around 2012, Walter Knowles became the Practice Manager of the Cancer Center. (SS No. 3.) In this role, he managed the Cancer Center's clinical...

Excerpt: ... immaterial to the Court's decision on the motion. Evidentiary Objections The Court declines to rule on Defendants' evidentiary objection since the subject evidence is immaterial to disposition of the motion. Overview This action concerns whether Defendants and an additional insurer, Defendant United Specialty Insurance Company, owe Plaintiff a duty of defense and indemnification in a civil action filed by Chelsea Hall against Plaintiff and his d...

Excerpt: ...e 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 tha...

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: ...tment 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 ha...

Excerpt: ...quired” 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...

Excerpt: ...ssert causes of action for negligence and intentional infliction of emotional distress based on events occurring while he was incarcerated. It appears that plaintiff contends defendants, who appear to be employees of the California Department of Corrections and Rehabilitation (“CDCR”), negligently or intentionally caused his concurrent sentences to be changed to consecutive sentences, extending his incarceration period by more than eight mont...

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: ...nduct additional discovery. The Court now rules as follows. *** If oral argument is requested, the parties are directed to notify the clerk and opposing counsel at the time of the request which of moving defendant's 15 Undisputed Material Facts, which of opposing plaintiff's 32 Additional Material Facts and/or which objections to evidence will be addressed at the hearing. The parties should be prepared to point to specific admissible evidence alr...

Excerpt: ...y the clerk and the opposing party of the specific discovery requests that will be addressed at the hearing. The parties are also reminded that pursuant to local rules, only limited oral argument is permitted on law and motion matters. *** The notice of motion does not comply with Code of Civil Procedure §1010 or CRC Rule 3.1110(a). Both moving and opposing counsel failed to comply with CRC Rule 3.1110(b)(3)‐(4). Factual Background This is an ...

Excerpt: ...Plaintiff's vehicle got a flat tire for which she called AAA for assistance but AAA declined to respond as plaintiff had already exhausted her four allotted service calls for the year. Plaintiff then decided to walk to the nearby Walmart to purchase tools needed to change her flat tire and as she was crossing the street, plaintiff was struck by a vehicle driven by Andrade who was on her cell phone and driving without headlights. Plaintiff commenc...

Excerpt: ...arance 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 m...

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: ...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 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 was his problem and he had to pay to have...

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...