Excerpt: ...ion of decedent Eva Harris at Mission Carmichael, a skilled nursing facility, from June 20, 2018 through June 28, 2018. Plaintiffs, the decedent's children, allege that Eva Harris developed a fecal impaction while at Mission Carmichael, resulting in acute renal failure and metabolic acidosis that ultimately caused her death on June 29, 2018. The SAC alleges three causes of action: elder abuse, negligent infliction of emotional distress, and wrong...

Excerpt: ...tions]. 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...

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: ... posted on the about Plaintiff, a physician, including, but not limited to the websites Yelp, Healthgrades, CareDash, Google Reviews, RateMD, and Web MD. (FAC 7.) The anonymous posts contained statements against Plaintiff, which include the following: Plaintiff was an unskilled physician, that he did not care about his patients and demeaned them, that he committed malpractice, that he is unethical and that he is dishonest. (See FAC 8.) Plaintiff ...

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

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

Excerpt: ...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: ...e caption of a motion and instead treat it in accordance with the relief it requests”]; see alsoA.N. v. County of Los Angeles(2009) 171 Cal.App.4th1058, 1064 [“[t]he substance [of the motion] is what mattered, not its label”].) The motion is UNOPPOSED. Facts Before the Court is the latest issue in a contentious dispute between family members claiming interests in property assets held by Plaintiff Marcella Luna. At this point, the facts are ...

Excerpt: ...tor shall provide the tentative ruling to Plaintiff within 48 hours of receiving it. The Litigation Coordinator shall make Plaintiff available, by COURTCALL, at 9:00 a.m. on September 17, 2020, to participate in oral argument. In this action, Plaintiff, proceeding without counsel, alleges unspecified personal injuries against the Sacramento County Sheriff's Department. Plaintiff's form Complaint alleges a sole cause of action for medical malpract...

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: ... posted on the about Plaintiff, a physician, including, but not limited to the websites Yelp, Healthgrades, CareDash, Google Reviews, RateMD, and Web MD. (Compl. 7.) The anonymous posts contained statements against Plaintiff, which include representations that Plaintiff was an unskilled physician, that he did not care about his patients and demeaned them, that he committed malpractice, that he is unethical and that he is dishonest. (See Compl. 8....

Excerpt: ... the request which of moving defendants' 53 Undisputed Material Facts and/or which of moving defendants' 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. *** Factual Background The facts of this case are well known to this Court as a result of numerous...

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: ...oenas seeking various records from Healthcare Center of Fresno, Sendai Sushi, Family Express Food & Liquor, and the Department of Healthcare Services or alternatively, for a protective order limiting the scope of these subpoenas is ruled on as follows. The notice of motion does not provide notice of the Court's tentative ruling system, as required by Local Rule 1.06, and does not provide the correct address for Dept. 53/54. Moving counsel is dire...

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

Excerpt: ...e parties must at the time oral argument is requested notify the clerk and the opposing party of the specific exhibits 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. *** Plaintiffs move to seal each of the below‐listed exhibits to their Compendium of Evidence in opposition on the grounds that they “contain confidential and pr...

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 notifi...

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: ...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: ...he separate statement. Factual Background Plaintiffs' Complaint. This is a nonjudicial foreclosure action. According to the complaint, OLS intentionally placed plaintiffs' mortgage loan in a perpetual state of default in order to accumulate additional fees and take title to the subject property located in Napa County. In July 2005 plaintiffs Martin (“Martin”) and Catherine Byrdsong (collectively “Borrowers”) obtained a $611,250 loan from ...

Excerpt: ...n as follows. Plaintiff is currently incarcerated at Solano State Prison. Plaintiff brings this action against Defendant, alleging two causes of action for (1) negligence and (2) intentional tort. Plaintiff alleges that Defendant was his prison psychiatrist. With respect the negligence cause of action, he alleges that on 6/6/2018, Plaintiff asked if he could be taken off medication. Defendant stated that it would take six months to wean him off, ...

Excerpt: ...n law and motion matters. *** Defendants Kayvan Haddadan, M.D. (“Dr. Haddadan”) and Advanced Pain Diagnostic & Solutions, Inc.'s (“APDSI”) (collectively “Defendants”) demurrer to Plaintiff in Intervention Jane Doe's (“Doe”) Second Amended Complaint in Intervention (“SACI”) is ruled upon as follows. Overview In this action, the named plaintiffs are Joanne Davis (“Davis”), Mariah Florez (“Florez”) and Mary Tovar (“Tova...

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: ...ech”) evidentiary objections to the Receiver's reply since the material objected to is immaterial to the Court's decision on the motion. Factual and Procedural Background On June 6, 2018, the City of Sacramento (“City”) filed a Petition for Appointment of Receiver under Health and Safety Code section 1980.7. The Petition was granted on August 3, 2018, and Mr. Brumbaugh was appointed as Receiver over the real property located at 5630 Fruitri...

Excerpt: ...nally scheduled March 27, 2020 hearing date was continued due to the COVID‐19 emergency. This is an action for dependent abuse (Welf. & Inst. Code §§ 15600, et seq.) and for violations of the Patient's/Resident's Bill of Rights (“PBOR”) brought by Plaintiff Kara Hagstrom, by and through her Guardian ad Litem, Wesley Hagstrom (“Plaintiff”). Plaintiff is a bedbound, non‐verbal developmentally disabled adult who, at all relevant times,...

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: ...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: ... 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 requesting party...

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: ...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: ...), and Myeshia Wiley, individually (“Myeshia”), (collectively “Plaintiffs”), allege defendants were negligent in Myeshia's prenatal care and in the birth of Kyree. Plaintiffs allege that despite the presence of high risk factors requiring a C‐Section, Defendants did not offer or perform a C‐Section for Kyree's delivery, resulting in physical injuries and emotional distress to both Plaintiffs. Defendants petition to compel arbitration ...

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 notif...

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: ...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: ...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: ...ving counsel is directed to contact opposing counsel and advise him/her of Local Rule 1.06 and the Court's tentative ruling procedure and the manner to request a hearing. If moving counsel is unable to contact opposing counsel prior to hearing, moving counsel is ordered to appear at the hearing by remote appearance. Moving counsel failed to comply with CRC Rule 3.1113(d)‐(e). Moving counsel is advised that requests for leave file oversized brie...

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: ...g that is the subject of the motion for judgment on the pleadings. (Emphasis added.) Moving counsel is advised that the future motions which do not comply with the express requirements of §439 may be stricken and/or dropped from calendar but since this Court concludes that the meet‐and‐confer process would not have resolved the present dispute without the need for judicial intervention, the merits of this motion shall be addressed below. Alt...

Excerpt: ... provided notice of a different county's tentative ruling system, the notice does not comply with the Local Rules of the Sacramento Superior Court, Local Rule 1.06(D). Moving counsel is directed to review the Local Rules, effective 1/1/2020. Both moving and opposing counsel failed to comply with CRC Rule 3.1110(b)(3)‐(4). Factual Background Acting in pro per, plaintiffs Singh and Dev filed this action on 12/17/2019 against several defendants in...

Excerpt: ...ons to quash defendant Home Depot, USA's subpoenas seeking plaintiff's medical records from Kaiser Permanente and Kaiser Adult Psychiatry are DENIED, as follows. The notice of motion does not provide notice of the Court's tentative ruling system, as required by Local Rule 1.06, and does not provide the correct address for Dept. 53/54. Moving counsel is directed to contact opposing counsel and advise him/her of Local Rule 1.06 and the Court's tent...

Excerpt: ... the preliminary questions of: (1) whether Plaintiff is properly classified as an independent contractor, and (2) if he is determined not to be an independent contractor, whether Defendant is correctly identified as his employer. (See 7/24/2019 Order; 7/30/2020 Order.) The court denied the motion to compel arbitration because Defendant was "seeking to split Plaintiff's individual standing component from his representative component. Such an act i...

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: ...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: ...��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 v...

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: ...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: ...ant California Department of Public Health's (“CDPH”) motion for judgment on the pleadings is ruled upon as follows. Overview This is a putative class action for CDPH's purported “unauthorized disclosure of sensitive and private personal medical information regarding Plaintiff and class members' pregnancy tests.” (Complaint, ¶ 1.) Plaintiff Johnnae M. Harkey‐Kirk alleges that “8. On or about November 29, 2018, Plaintiff, who was preg...

Excerpt: ...ff and Cross‐ Defendant Patrick Clemens (“Clemens”) demurrer to Defendant and Cross‐Complainant StHealth Capital Investment Corp's (“StHealth”) (f/k/a as First Capital Investment Corp. (“FCIC”)) first amended cross‐ complaint (“FAXC”) is ruled upon as follows. Overview This is an employment action for Labor Code violations and breach of contract. Clemens alleges that he worked for defendants, including FCIC from March 30, 20...

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 message...

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: ... Defendants' counsel is directed to contact Plaintiff Renee Martin (“Plaintiff”) forthwith to advise Plaintiff of Local Rule 1.06 and the Court's tentative ruling procedure. If Defendants' counsel is unable to contact Plaintiff 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 appears without following the ...

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: ...n is overruled: ∙ Objection No. 16 to the Declaration of Daryl Tsutsui to the extent it raises a Secondary Evidence Rule objection. The Court relied on this paragraph of Daryl Tsutsui's declaration only as to the portions thereof that are cited in the tentative ruling, below. The Court declines to rule on the remainder of Defendant's evidentiary objections since the subject evidence is immaterial to disposition of the motion. (See Code of Civ. ...

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: ...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: ...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: ...nt of Fair Employment and Housing ("DFEH") was filed over one year after the date of any of the alleged unlawful actions upon which Plaintiff bases her First and Second Causes of Action, making her DFEH complaint untimely. (P&As at 1‐2.) Defendant argues that because Plaintiff failed to timely exhaust her administrative remedies as to her First and Second Causes of Action, Defendant is entitled to judgment as a matter of law. (Id.) Overview Thi...

Excerpt: ...e Section 474 to bring Lexington into this action by Doe Defendant Amendment on grounds that “Zurich was not truly ignorant of Lexington's identity or Zurich's purported claims against Lexington when Zurich filed its original September 16, 2019 Complaint.” (Notice of Motion at 2.) In this insurance coverage action, Zurich American Insurance Company ("Zurich") seeks to be reimbursed amounts it incurred defending U.S. Home Corp. ("U.S. Home") i...

Excerpt: ...about April 15, 2019, containing four causes of action for Elder Abuse/Neglect, Professional Negligence, Negligent Infliction of Emotional Distress and Violation of Patient's Bill of Rights (H&S §1430(b)). Defendant's demurrer targets all causes of action on grounds that they fail to state a claim and also on grounds of uncertainty. As a preliminary matter, the Court notes that counsel for the moving party declares that “Plaintiff agreed to di...

Excerpt: ...nd advise of Local Rule 1.06 and the Court's tentative ruling procedure and the manner to request a hearing. If Defendant is unable to contact plaintiffs prior to hearing, Defendant is ordered to appear at the hearing in person or by telephone. Defendant's request for judicial notice is granted. Legal Standard The function of a demurrer or motion to strike is to test the legal sufficiency of the pleading it challenges by raising questions of law....

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

Excerpt: ...��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 v...

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...

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: ...o 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 sha...

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

Excerpt: ...n papers were not timely filed but were nevertheless considered. The opposition papers fail to comply with CRC Rule 3.1110(b)(3)‐(4). Overview This is a construction defect action which was filed in December 2017 against several defendants including PLAI. In March 2018 PLAI filed a demurrer to the complaint and in April 2018 the Court sustained this demurrer, noting it was not opposed. Although plaintiff was given leave to amend, no amended com...

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

Excerpt: ...ion matters. *** Defendants Cypress Pacific, LLC and Nielsen Property Management's (collectively “Defendants”) demurrer to Plaintiffs' complaint is ruled upon as follows. Overview This is an action for breach of warranty of habitability. Plaintiffs allege that Defendants failed to properly maintain, control or repair the property. Plaintiffs allege that as a result of Defendants' failure to properly maintain the property, they were forced to ...

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 notified...

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: ...m a traumatic brain injury. He alleges that he suffered from a concussion shortly before entering into the purchase agreement with Defendant. Wheat's complaint asserts causes of action for Financial Elder Abuse, Violation of Consumer Legal Remedies Act, Unfair Competition, Undue Influence, Civil Code §3345, Penal Code violations and Conversion. He seeks monetary damages as well as rescission of the purchase agreement. Defendant moves to compel a...

Excerpt: ...D 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: ...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: ...f was a patient at Defendant Dignity Health dba Mercy Hospital of Folsom (“Dignity”). Plaintiff alleges causes of action for intentional infliction of emotional distress, medical malpractice, negligent supervision, and dependent adult abuse against multiple defendants, including Dignity. Factual Allegations As relevant to this motion, Plaintiff alleges as follows: On or about January 8, 2019, Plaintiff went to Dignity's emergency room with ca...

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 notifi...

Excerpt: ...e Deed of Trust was assigned to Defendant U.S. Bank National Association on June 10, 2013. On November 1, 2011, Defendant Ocwen Loan Servicing, LLC (“Ocwen”) began servicing the loan. By May of 2013, Plaintiff was allegedly in default on her loan. After Plaintiff refused to pay her outstanding balance to cure her default, Defendant Western Progressive, LLC, as the new trustee, recorded a Notice of Default and Election to Sell under Deed of Tr...

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: ...pply 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 ...

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: ...e/RV. Plaintiffs allege Defendants own the Freeport Marina and RV Park where Plaintiffs rented Space #16. (Compl. at p. 5.) Plaintiffs allege their RV was parked in Space #16 on October 23, 2017, when “a very large oak tree fell and landed on the [RV] just missing both Plaintiffs, resulting in severe shock to Plaintiffs' nerves and nervous systems and post traumatic stress disorder.” (Compl. p. 4.) Plaintiffs allege three causes of action aga...

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: ...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: ...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: ...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 party...

Excerpt: ...ay support a claim for punitive damages if the attorneys themselves are guilty of oppression, fraud or malice. ( Ferguson v. Lieff, Cabraser, Heimann & Bernstein (2003) 30 Cal. 4th 1037, 1053, n. 3.) Plaintiff's second cause of action for breach of fiduciary duty and third cause of action for breach of the implied covenant of good faith and fair dealing include claims for punitive damages. Defendant seeks to strike these allegations on grounds th...

Excerpt: ...mas M. Witte (“Defendant”). Defendant opposes the motion on grounds it is procedurally defective in form, untimely, and lacks merit. The Court first addresses Defendant's argument that the motion is procedurally defective. Specifically, Defendant contends the discovery statutes do not permit a motion for a protective order to limit public disclosure of confidential information obtained through discovery. Defendant contends BANA should have in...

Excerpt: ...5 Undisputed Material Facts, which of plaintiff's 9 Additional Material Facts and/or which of the 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. *** *** According to the “Notice of Limited Scope Representation” filed on 9/9/2019, attorney Lance S...

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: ...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: ... disclosures as required by Code of Civ. Proc. § 1281.9. Progressive contends it subsequently discovered conflicts that Mr. Laskin failed to disclose and that disqualify Mr. Laskin. Claimant contends Progressive has waived the right to disqualify Mr. Laskin because Progressive failed to serve a timely Notice of Disqualification, because Progressive knew about the purported conflicts before agreeing to Mr. Laskin, and that the purported conflicts...

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: ...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: ...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: ... 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 th...