Excerpt: ...ow of Gary Cannon (the “Decedent”) alleged that the medical treatment administered to the Decedent by numerous Defendants including Defendant David Smith, M.D., resulted in the Decedent's death. By way of the instant motion, Defendant seeks to compel Plaintiff to provide responses to Special Interrogatories, Set Six, Nos. 78-89 and Requests for Production of Documents, Set Four, Nos. 38-40 that seek information regarding Plaintiff's income an...

Excerpt: ...Ins. Fund (1997) 54 Cal.App.4th 216, 219; Nordlinger v. Lynch (1990) 225 Cal.App.3d 1259, 1271.) A demurrer “tests the pleadings alone and not the evidence or other extrinsic matters.” (SKF Farms v. Superior Court (1984) 153 Cal.App.3d 902, 905.) “If the complaint states a cause of action under any theory, regardless of the title under which the factual basis for relief is stated, that aspect of the complaint is good against demurrer." (Que...

Excerpt: ...in part, and denied, in part. The Court declines to rule on Defendants' objections as they were immaterial to the determination of this motion. Background This action involves a challenge by various Plaintiffs to regulations adopted by OSFM establishing certification requirements for persons to become “Certified Fire Sprinkler Fitters” for the installation of water-based fire protection systems (the “Regulations”). The Legislature authori...

Excerpt: ...es out of plaintiff's employment as a “porter” with UBM. Hired in May 2017, plaintiff generally alleges she was discriminated against on account of her disability and retaliated against for “whistleblowing,” ultimately being “wrongfully discharged” in April 2021. Her complaint purports to assert against UBM and other individuals associated with UBM causes of action for discrimination, failure to prevent discrimination, failure to enga...

Excerpt: ...y” that is cited. Defendant Morton Gold LLC's (“Defendant”) motion for summary judgment or, alternatively, summary adjudication, is GRANTED as follows. The Court notes that Plaintiff's opposition brief requests the Court to disregard the documents submitted by Defendant in its request for judicial notice, which consist of prior complaints filed by Plaintiff in unrelated cases. The Court has not considered this evidence in its ruling, and th...

Excerpt: ...for and was issued a credit card by Plaintiff pursuant to a written agreement. Under the terms of the agreement, Defendant agreed that use of the credit card constituted acceptance of the agreement. The agreement obligated Plaintiff to pay vendors for charges made by Defendant, and for Defendant to periodically repay Plaintiff the amount paid to the vendors plus interest as it accrued. Defendant made charges on the account and Plaintiff complied ...

Excerpt: ...which of moving defendant's 14 Undisputed Material Facts will be addressed at the hearing and the parties should be prepared to point to specific evidence which is claimed to show the existence or non-existence of a triable issue of material fact. *** Moving counsel failed to comply with CRC Rule 3.1350(g), which requires a single volume of evidence (including declarations) with a table of contents when the evidence exceeds 25 pages. Factual Back...

Excerpt: ...rocedural History This action concerns Plaintiff's medical records regarding his placement on a 5150 hold in November of 2016 after he presented at the UC Davis Medical Center emergency department complaining of heart palpitations. This is the second of three actions that Plaintiff has filed against Defendant. In the first action (Sacramento County Court Case No. 34-2019-00267042), Plaintiff alleged, inter alia, that he was falsely imprisoned by ...

Excerpt: ...ng counsel prior to hearing, moving counsel is ordered to appear at the hearing by Zoom. Defendant Nissan North America, Inc.'s (“Defendant”) motion to compel arbitration and stay proceedings is DENIED as follows. Background Plaintiff Juana E. Gonzalez (“Plaintiff”) filed this lemon law action on March 2, 2020 and alleged five causes of action under the Song-Beverly Act, one cause of action under the federal Magnuson-Moss Warranty Act, an...

Excerpt: ...e ruling system, as required by Local Rule 1.06. Moving counsel is directed to contact opposing counsel and advise him/her of Local Rule 1.06 and the Court's tentative ruling procedure and the manner to request a hearing. If moving counsel is unable to contact opposing counsel prior to hearing, moving counsel is ordered to appear at the hearing by Zoom. Plaintiffs filed the underlying complaint in this case on January 10, 2022 against Defendants ...

Excerpt: ...posing counsel and advise him/her of Local Rule 1.06 and the Court's tentative ruling procedure and the manner to request a hearing. If moving counsel is unable to contact opposing counsel prior to hearing, moving counsel is ordered to appear at the hearing by Zoom or by telephone. Plaintiffs' counsel failed to comply with CRC Rule 3.1113(f), requiring that memorandum of points & authorities which exceeds 10 pages include a table of contents and ...

Excerpt: ...ROPPED from calendar due to defective service of notice which deprives the Court of jurisdiction to consider this matter. (Lee v. Placer Title Co. (1994) 28 Cal.App.4th 503, 509-511.) Plaintiff's notice of application 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. (Provided that plaintiff file at or before the hearing on this application pro...

Excerpt: ...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. *** Factual Background This action arises out of a 2016 transaction whereby plaintiffs sold a residential care facility to defendants. Plaintiffs generally allege that defendants have breached the contract and engaged in other wrongful conduct...

Excerpt: ...request for admissions to Defendant Keisha Myers were deemed admitted on December 9, 2020. When the moving party is the plaintiff, there is only one ground for a motion for judgment on the pleadings: "the complaint states facts sufficient to constitute a cause or causes of action against the defendant and the answer does not state facts sufficient to constitute a defense to the complaint." (C.C.P. 438(c)(1)(A).) The grounds for the motion shall a...

Excerpt: ...l (833) 568-8864 and enter the Zoom ID: 16146506749. Defendants J. Lynch and A. Swinney, Jr.'s (collectively, “Defendants”) demurrer to incarcerated plaintiff in pro per Allen Hammler's (“Plaintiff”) Complaint is UNOPPOSED and SUSTAINED with leave to amend. The notice of motion does not provide notice of the Court's tentative ruling system, as required by Local Rule 1.06. Moving counsel is directed to contact Plaintiff and advise him of L...

Excerpt: ...n for Judgment on the Pleadings, Order Granting Defendants' Motion for Judgment on the Pleadings, and Judgment of Dismissal in the matter of Ghulam v. Aalemkhiel et al., Sacramento Superior Court Case No. 34-2016- 00199650 is unopposed and granted. Factual and Procedural Background In 2016, Plaintiff filed a Complaint against Defendant in the matter of Ghulam v. Aalemkhiel et al., Sacramento Superior Court Case No. 34-2016-00199650 (the “Prior ...

Excerpt: ...vehicle. Kia also agreed to pay Plaintiff's attorney fees, costs and expenses pursuant to Civil Code § 1794(d). Plaintiff seeks $295,874.92 which represents: (1) $165,739 in fees for Strategic Legal Practices, APC (“SLP”); (2) $17,355 in fees for California Consumer Attorneys (“CCA”); (3) a 1.35 multiplier enhancement in the amount of $64,075.90; (4) $45,225.02 in costs and expenses; and (4) $3,500 in fees for reviewing the opposition, d...

Excerpt: ...st set of Special Interrogatories, numbers 1 and 2, is ruled upon as follows. Angel filed separate motions for each set of discovery, which is preferred by the Court, but the Court will address both motions herein. The Court also notes Angel filed the same points and authorities for both motions, while Polaris filed an omnibus opposition brief to both motions. Angel has indicated the incorrect address in its notice of motion. The correct address ...

Excerpt: ...ises from the chiropractic care and treatment provided by Plaintiff by Defendant at The Joint Chiropractic's Natomas location on January 5, 2022. Plaintiff alleges she sustained injuries during the chiropractic treatment. Defendant moves for summary judgment on the grounds: (1) Defendant did not breach the applicable standard of care regarding Plaintiff; and (2) did not, to a reasonable degree of medical probability, proximately cause or contribu...

Excerpt: ...dant as Mami Group, Inc. dba MGI Motors. Factual and Procedural Background This action involves the purchase and sale of a used vehicle. Plaintiff Nicholas Tinney (“Plaintiff”) filed his Complaint on March 17, 2022, alleging the following five causes of action: (1) intentional misrepresentation; (2) negligent misrepresentation; (3) violation of Business & Professions Code § 17200; (4) bond claim; and (5) violation of the Consumer Legal Remed...

Excerpt: ...laintiff alleges causes of action for excessive force, false arrest, violation of the Bane Act in Civil Code § 51.7, assault and battery, and negligence. The complaint arises from an interaction between Plaintiff and Mullin and Wright on March 10, 2020 when Plaintiff was celebrating his birthday with a friend at a restaurant. Plaintiff alleges the deputies were looking for a fugitive who was 20 years older, seven inches taller and fifty pounds l...

Excerpt: ...015.5. However, Plaintiff's counsel submitted what appear to be corrected versions of the declarations on February 6, 2023. In any event, the Court need not rule on any evidentiary objections in this discovery motion. The objected to declarations simply set forth Plaintiff's contentions regarding meet and confer efforts or lack thereof, and as seen below none of that is material to ultimate outcome of this motion. In this employment action Plaint...

Excerpt: ...rm the same award which Simple Foods seeks to vacate. The dispute between the parties arose from shipments of 65 containers of walnuts and almonds from Mariani to Simple Foods during 2017 and 2018. Simple Foods contended that 14 containers had mold and other problems, 29 containers were shipped late and 10 were not shipped. (Altman Decl. ¶ 4.) After the parties could not resolve their differences, they agreed to arbitrate before the Dried Fruit ...

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 California Department of Veterans Affairs (“DVA”) and Ramon Carlos' (“Carlos”)(collectively “Defendants”) motion for summary judgment, or in the alternative, summary adjudication is ruled upon as follows. I. Overview This is an employment a...

Excerpt: ...edit card debt. (Complaint.) Plaintiff moves for summary judgment or in the alternative summary adjudication of the first cause of action for open book account and the second cause of action for account stated. (Notice.) The complaint, however, alleges only a single cause of action for common counts on separate theories of open book account and account stated. (Complaint.) Accordingly, the request for summary adjudication is denied because the ca...

Excerpt: ...mmary judgment. In its June 1, 2022 tentative ruling, the Court noted that “[o]n May 18, 2022, the Court initially issued a tentative ruling indicating that the motion was moot on the basis that Plaintiff Gregory Smith, M.D., Inc. has dismissed its claims on February 25, 2022. However, as pointed out by Defendants' counsel, the dismissal was filed by Plaintiff Gregory Smith, M.D. an individual. The Court therefore continued the matter to today'...

Excerpt: ...es not provide notice of the Court's tentative ruling system as required by Local Rule 1.06(D). Counsel for Defendant is ordered to notify Plaintiffs' counsel immediately of the tentative ruling system and to be available at the hearing, in person or by telephone, in the event Plaintiffs' counsel appears without following the procedures set forth in Local Rule 1.06(B). The Court further notes counsel for Defendant has failed to comply with this r...

Excerpt: ...IED as follows. This action was initiated on January 12, 2021 by Petitioner City of Citrus Heights (“Petitioner”) by the filing of a petition for an order to abate and appointment of receiver pursuant to Health and Safety Code section 17980.7. Petitioners presented evidence that a residential property owned by Respondent was in substandard condition and had been the subject of several complaints related to large accumulations of trash and deb...

Excerpt: ...tion arising from alleged sexual abuse of Plaintiff. On March 18, 2022, Defendant served Request for Production of Documents, Set Six (“RFP”) on Plaintiff. (Langenfeld Decl., ¶ 3, Exh. 1.) Plaintiff provided unverified responses on June 17, 2022. (Id., ¶ 5, Exh. 3.) On August 12, 2022, Plaintiff provided a verification that had been executed on August 1. (Id., ¶ 5, Exh. 4.) After various meet and confer efforts, Plaintiff provided verified...

Excerpt: ...ommon counts based on an open book account for money due and an account stated in writing between Plaintiff and Defendant. (Complaint, p. 3.) According to Plaintiff's computerized records of the loan, which are maintained in the ordinary course of Plaintiff's business, the remaining balance on the loan, including interest, totals $3,635.55. (UMF Nos. 7, 10.) Legal Standard CCP section 473c(c) requires that a motion for summary judgment be granted...

Excerpt: ...cle along the Sacramento Bike Trail, just after its intersection with Freeport Boulevard.” (Compl. ¶ 2.) The Complaint alleges that, “an unknown individual and/or employee of Defendants… left the gate providing access to Freeport Boulevard open, allowing it to hang over the bike trail,” and Plaintiff, “struck the end of the subject gate, where the metal plate is located, while riding his bike along the bike trail…” (Compl., ¶ 3.) ...

Excerpt: ...ailable for oral argument at the above-stated time. Appearance will be by ZOOM. To appear on Zoom telephonically, call (833) 568- 8864 and enter the following Zoom ID: 16146506749. The demurrer of defendants to plaintiff in pro per Yandell's complaint is ruled upon as follows. Factual Background This action arises from an incident occurring at California State Prison, Sacramento in February 2019. Plaintiff alleges he was ordered to prepare for tr...

Excerpt: ...ity for the Elderly (“RFCE”) owned and operated by Defendants Caroline Kang, LLC dba Laguna Woods, RCFE, Caroline Kang, and Francis Kang (collectively, “Kang Defendants”). Plaintiffs allege that on September 20, 2017, Decedent was beaten with a metal cane by Defendant Mee Lai Fong and suffered a subdural hematoma that ultimately caused her death. Plaintiffs allege that the Kang Defendants knew of Ms. Fong's violent and menacing behavior, ...

Excerpt: ...all material facts that the moving party contends are undisputed” and that “[e] ach of the material facts…shall be followed by a reference to the supporting evidence” but also specifying “[t]he failure to comply with this requirement of a separate statement may in the court's discretion constitute a sufficient ground for denying the motion.” The Court denies counsel's request for leave to now file the missing separate statement becaus...

Excerpt: ...arrested Plaintiff at his home for a string of armed robberies that Plaintiff did not commit. Plaintiff brings three distinct causes of action: (1) general negligence, (2) false arrest, and (3) false imprisonment. Plaintiff also makes a claim for exemplary damages. (See Complaint at pp. 4-7.) Plaintiff initiated this action on September 27, 2021 by filing a personal injury/property damage complaint on Judicial Council Form PLD-PI-001. Also on Sep...

Excerpt: ... 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 separate issues for summary adjudication, which of moving defendant's 126 Undisputed Material Facts, which of plaintiff's written objections to evidence and/or which of defendant's written objections to evidence will be addressed at the hearing. The parties should be prepared to point to specific admi...

Excerpt: ...l 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, along with the correct address for Dept. 53/54. If moving counsel is unable to contact opposing counsel prior to hearing, moving counsel is ordered to appear at the hearing by Zoom or by telephone. Both NNA and plaintiff's 16-page moving and opposing memorandum of points and authorities fa...

Excerpt: ...ty 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 Court notes that plaintiff paid only one $60 filing fee in connection with this motion, although it seeks at least two (2) different orders (i.e., further responses to requests for production and production of responsive documents). A sep...

Excerpt: ...o contact Defendant prior to hearing, moving counsel is ordered to appear at the hearing by Zoom or by telephone. Plaintiff has indicated the incorrect address in its notice of motion. The correct address for Department 54 of the Sacramento Superior Court is 813 6th Street, Sacramento, California 95814. Plaintiff's counsel shall notify Defendant of the correct address immediately. Plaintiff State Farm Mutual Automobile Insurance Company's (“Pla...

Excerpt: ...0, 21, 26, 27, 29, 35, 36, 38, 41, 42, 122-133, 135, 138, 140, 144, 145, 148, and 149 are sustained. Objection Nos. 2, 5, 10, 13, 22, 23, 30, 31, and 65 are overruled. The Court does not rule on the remaining objections as they were related to evidence that was not considered or otherwise material to the Court's ruling on the merits of the motion. (See CCP § 437c(q); see also Taus v. Loftus (2007) 40 Cal.4th 683, 714 [describing anti-SLAPP motio...

Excerpt: ...he manner to request a hearing, along with the correct address for Dept. 53/54. If moving counsel is unable to contact defendants or their counsel, if any, opposing counsel prior to hearing, moving counsel is ordered to appear at the hearing by Zoom or by telephone. Plaintiff's application for right to attach order and for writ of attachment as against defendant Virk Systems, Inc. is ruled upon as follows. The Court notes that plaintiff paid only...

Excerpt: ... a cause of action. Defendants Request for Judicial Notice of Plaintiff's Government Claim is granted. Background This action arises from the State's fire cleanup activities following the Camp Fire, including contracts entered into with private companies to assist with the cleanup. The 4AC alleges the State awarded fire clean‐up contracts to three prime contractors. One of the three primes, ECC Contractors LLC ("ECC"), entered into a subcontrac...

Excerpt: ...n secured by real property of Ms. Rigor's deceased mother. Ultimately Plaintiff has filed a second amended complaint for “quiet title” in July 2022. The verified SAC, is not entirely clear and appears to assert numerous causes of action apart from quiet title. The only cause of action in which SMRCOA appears to be named is in the untitled second cause of action in which Plaintiff alleges that SMRCOA was “guilty of Title, Chapter 1 of the Un...

Excerpt: ...hat Defendant did not receive the opposition in time to file a reply. Defendant filed a "non‐opposition" on January 25, 2023, stating that while the docket reflected the opposition it could not view it. However, given the nature of the Court's ruling, the Court will address the matter on the merits at this time. Any reply would not have altered the analysis. The SAC is actually Plaintiff's first amendment to his original complaint. The Court wi...

Excerpt: ... Frontier. Defendant contends the Sales Contract with the dealer, the seller of the vehicle, contains a valid, written arbitration agreement (the "Arbitration Provision"). Defendant, the manufacturer, contends it may enforce the Arbitration Provision pursuant to the doctrine of equitable estoppel. As the California Court of Appeal held in Felisilda v. FCA US LLC (2020) 53 Cal.App.5th 486,496‐99, review denied (Nov. 24,2020), equitable estoppel ...

Excerpt: ...uests for judicial notice are granted. In Plaintiff RL Liquidators, LLC's second amended complaint (“SAC”), Plaintiff alleged that Landlord owns real property at 221 Richards Boulevard (“Subject Property”). Plaintiff leases the Subject Property pursuant to a commercial lease. Plaintiff alleged that Safelite leases other real property from Landlord which is adjacent to the Subject Property. Plaintiff alleged that it leased the Subject Prop...

Excerpt: ...be ejected from his seat and hit his head on a metal bar. Plaintiff asserts that he now suffers from orthopedic and neurological injuries, including a traumatic brain injury and cognitive deficits. On December 8, 2022, the Court ordered plaintiff to undergo a Mental Examination on February 20, 2023. (ROA 87) The Trial Date is set for May 8, 2023. Defendant's motion is brought pursuant to Code of Civil Procedure Section 2025.610 on the ground that...

Excerpt: ... (deceased) (“Sam”) operated the family businesses for the personal benefit of his mistress, Yimin Dai and himself. Defendant is the trustee of the Samuel B. Fong Trust and Executor of Samuel B. Fong's estate. Plaintiff is one of Sam's siblings. Given that claims against Sam were raised against his estate, Creditor's Claims were filed as required by the Probate Code in the pending probate for Sam's estate. At issue on the instant motion are P...

Excerpt: ...mber 4, 2006, and a judgment was entered against the Defendant on December 27, 2006. The Judgment was renewed on September 4, 2015 in the sum of $12,264.30. Plaintiff levied on defendant's assets in 2021. Defendant contends she did not know of the judgment until 2022. Defendant states that early in the summer of 2022 she discovered there was a lien on her property. Defendant states that this case involved a Citibank credit card that was allegedly...

Excerpt: ...ent concealment in connection with her purchase of a 2021 Nissan Kicks (“Vehicle”) from Nissan of Sacramento. Plaintiff alleges she received various warranties from Defendant in connection with the purchase of the Vehicle and that defects arose during the warranty period. (Comp. ¶¶ 2, 3.) Plaintiff alleges that she delivered the Vehicle to an authorized service and repair facility on numerous occasions for defects in the Vehicle, including ...

Excerpt: ...d by Defendant, and that defects allegedly became apparent during the warranty period. (Complaint ¶ 9.) Plaintiff alleges the subject vehicle had a defective battery and engine. (Id. ¶ 14.) Defendant had knowledge it would be unable to service or repair the vehicle to conform to the express warranties after a reasonable number of opportunities, yet it refused to re‐purchase the vehicle in violation of the Song‐Beverly Act. (Id. ¶ 27.) On M...

Excerpt: ...to and Grass Valley. (Complaint, ¶1.) Nivano's role is to bridge and manage the relationship between those involved in providing medical care and the patients in need of receiving it. (Ibid.) Nivano alleges that Patel and Kyle engaged in a scheme to illegally gain control of Nivano and then to illegally profit from its providers and their patients. (Id., ¶2.) There is no trial date. Nivano contends that the effect of the proposed amendment is t...

Excerpt: ...Plaintiffs entered into an express warranty contract with General Motors, Inc. [“Defendant”] regarding the subject vehicle. (Id., ¶¶ 9‐10.) During the warranty period, defects in the subject vehicle's battery became apparent. (Id., ¶ 14.) Plaintiffs also allege Defendant knew the vehicle was defective but it refused to offer to re‐purchase the vehicle in violation of the Song‐Beverly Act. (Id. ¶ 16.) Defendant also allegedly failed ...

Excerpt: ...action for national origin/race discrimination, gender discrimination, disability discrimination, failure to engage in the interactive process, failure to provide reasonable accommodation, retaliation and failure to prevent discrimination and retaliation. At issue on the instant motion are Defendant's responses to special interrogatories nos. 1‐22. In its responses, Defendant raised numerous objections, including that the interrogatories were v...

Excerpt: ...f alleges three causes of action for breach of warranty under the Song‐Beverly Consumer Warranty Act and that the Subject Vehicle developed defects and Defendant failed to conform the Subject Vehicle to the express and implied warranties. (Complaint ¶¶ 8, 10, 24.) When Plaintiff purchased the Subject Vehicle on June 23, 2017, she entered into a Retail Installment Sale Contract Simple Finance Charge (With Arbitration Provision) (the “RISC”...

Excerpt: ....1110(f) facilitates the Court easily finding the cited evidence. This action arises from a rear‐end automobile accident Plaintiff Kendra Brand (“Plaintiff”) was involved in on April 27, 2016, and Plaintiff's underinsured motorist coverage (“UIM”) with a limit of $30,000 under the Century‐National insurance policy at issue. Plaintiff settled with the at‐fault driver in July of 2017, and subsequently initiated a UIM claim with Centur...

Excerpt: ... involving a stolen fire engine (“Engine 111”). In support of the motion, the District asserts the following undisputed material facts (“UMF”). The District purchased Engine 111 to fulfill the District's purpose in protecting the public from fires as safely and efficiently as possible. (UMF No. 4.) The District deliberately purchased Engine 111 with a keyless push‐start engine. (UMF Nos. 2‐3.) On July 14, 2018, the District used Engin...

Excerpt: ...s allege numerous defendants caused the Decedent to be exposed to asbestos containing products resulting in the Decedent developing lung cancer. Hennessy is alleged to be one of the entities responsible for numerous automotive products that the Decedent was exposed to, including AAMCO brake service equipment. Hennessy requests summary adjudication of Plaintiff's claim for punitive damages on grounds Plaintiffs have no evidence that Hennessy engag...

Excerpt: ...r counsel. Prior to the initial due date for Defendant's responses, Plaintiff's prior counsel agreed to extend Defendant's deadline to March 1, 2022. On February 28, 2022, Defendant's counsel, Kelly Savage Day, was contacted by attorney Douglas E. Watts, who stated that Plaintiff's counsel at the time, Dean Royer, was shuttering his practice and would be withdrawing from the case. Mr. Watts indicated that he may be taking over as Plaintiff's coun...

Excerpt: ...020, Plaintiffs and Defendant entered an agreement in which Connect agreed to utilize Plaintiffs' connections in the public and private health sectors to assist Defendants in obtaining contracts for the distribution of personal protective equipment in exchange for compensation based on a sharing of revenues. (Complaint, ¶¶ 14, 18‐19.) Plaintiffs allege they performed services in reliance on that agreement. (Complaint, ¶¶ 15‐17, 20 ‐21, ...

Excerpt: ... parties should be prepared to point to specific evidence which is claimed to show the existence or non‐existence of a triable issue of material fact. *** Defendant Wells Fargo Bank, N.A.'s (“Defendant” or “Wells Fargo”) motion for summary judgment is ruled upon as follows. I. Overview This is a wrongful death action. Plaintiffs Diane Abraham and John Abraham (collectively “Plaintiffs”) are the parents of decedent Deniece Abraham (�...

Excerpt: ... meeting and conferring via telephone. (Diepenbrock Dec., ¶¶ 3‐5; Schumaker Dec., ¶¶ 3‐5.) BACKGROUND This case involves a taxpayer challenge to the District's use of a lease‐leaseback agreement. Plaintiff filed a complaint on June 17, 2022, alleging the following causes of action: (1) reverse validation pursuant to CCP section 863, (2) taxpayer action to prevent illegal expenditure of funds pursuant to CCP section 526(A), (3) recovery ...

Excerpt: ...he notice of motion incorrectly references modifications to Local Rule 1.06, applicable only to motions pending before the Presiding Judge in Department 47. Moving counsel is directed to contact opposing counsel/party and advise him/her of Local Rule 1.06 and the Court's tentative ruling procedure and the manner to request a hearing. Defendants' Requests for Judicial Notice (“RJN”) of certain filings in this action and in the action Janet Rob...

Excerpt: ...nted Plaintiff's unopposed motion to deem matters admitted. Plaintiff now moves for judgment on the pleadings based on these admissions. Specifically, that Defendant admits he had a credit card account issued by Plaintiff; he received periodic statements regarding the account; as of February 2, 2022, the balance owed on the account was $8,656.25; no payments have been made on the account since February 2, 2022; the last payment made on the accoun...

Excerpt: ...e with the Court's suggestion, but defense counsel has refused to stipulate. (See Decl. of Thomas A. Reya ISO Mot. ¶ 5.) In their reply, they provide the following additional information about the appropriateness of a discovery referee in this action. The record since plaintiffs filed their opening motion has only underscored the appropriateness of a discovery referee in this matter. Defendants have refused to proceed with any of the PMQ documen...

Excerpt: ... Local Rule 1.06. Moving counsel is directed to contact opposing counsel and advise him/her of Local Rule 1.06 and the Court's tentative ruling procedure and the manner to request a hearing. If moving counsel is unable to contact opposing counsel prior to hearing, moving counsel is ordered to appear at the hearing by Zoom. The parties' requests for judicial notice are both unopposed and granted. Background Plaintiff Raphael Hernandez (“Plaintif...

Excerpt: ...ule 1.06 and the Court's tentative ruling procedure and the manner to request a hearing. Moving Party failed to comply with California Rules of Court rule 3.1110(f)(3) which requires that each paper exhibit be separated by a hard 8 ½” x 11” sheet with hard paper or plastic tabs extending below the bottom of the page, bearing the exhibit designation. Moving Party has failed to comply with California Rules of Court, rule 3.1350(g), which requi...

Excerpt: ...l at the time of the request which of moving Defendants' 6 separate issues for summary adjudication, which of moving Defendants' 101 Undisputed Material Facts, which of Plaintiff's 66 Additional Material Facts, and/or which of Defendants' 70 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...

Excerpt: ...amendment of deemed admissions to Plaintiff State Farm Mutual Automobile Insurance Company's (“Plaintiff”) Requests for Admission, set one (“RFAs”) is GRANTED as follows. Factual Background This is a subrogation action involving a December 4, 2019 motor vehicle accident during which the vehicle driven by Defendant struck Plaintiff's insured's vehicle. Defendant asserts that as he was entering onto eastbound US‐50, his vehicle was hit by...

Excerpt: ...s tentative ruling system, as required by Local Rule 1.06. The address identified for Department 53 is incorrect. Moving counsel shall immediately notify opposing counsel of the correct location for the hearing, the Court's tentative ruling procedure, the manner to request a hearing, and the correct address for Department 53 (813 6th Street, Sacramento, CA 95814). Factual and Procedural Background Plaintiff Mark Pierson (“Plaintiff”) filed th...

Excerpt: ...alleging nine causes of action, including breach of contract and specific performance. Defendant filed an Answer and a Cross‐Complaint for Declaratory Relief on March 4, 2019. Trial is scheduled to commence on April 11, 2023. The proposed First Amended Answer (“FAA”) would add several affirmative defenses. Defendant asserts: [They] supplement those defenses already raised and simply present more direct claims in opposition to the Complaint,...

Excerpt: ...t Defendants Brian Radoo (“Radoo”), Bobby Mohamed (“Mohamed”), Neil Singh and Colin Asheley (“Asheley”) including assault, battery, harassment, invasion of privacy, false imprisonment, IIED, trespass to chattel, conversion, private nuisance and interference with contract. The action arises from an alleged agricultural joint venture doing business as W.U.R.M. Assets, LLC (“WURM”), allegedly between Plaintiff Umashankar and Defendan...

Excerpt: ... granted the request. Accordingly, the Court republishes its original tentative ruling below. The notice of motion does not provide notice of the Court's tentative ruling system, as required by Local Rule 1.06. Moving counsel is directed to contact opposing counsel and advise him/her of Local Rule 1.06 and the Court's tentative ruling procedure and the manner to request a hearing. If moving counsel is unable to contact opposing counsel prior to h...

Excerpt: ...une 30 or in the early morning hours of July 1, 2017, Plaintiff was visiting Mango's. Plaintiff alleges she was using her phone in the hallway near the restroom when a security guard directed her towards the women's restroom. Plaintiff briefly used the restroom and, upon exiting, was grabbed from behind by a security guard without justification. When Plaintiff freed herself from the first security guard, she was then grabbed and restrained by ano...

Excerpt: ...ed upon as follows. In the voluminous second amended complaint, Plaintiff alleges claims of employment discrimination under the Fair Employment and Housing Act, Government Code, Labor Code and the California Constitution arising out of his employment with defendant. Plaintiff has now filed four extremely voluminous motions to compel CDT's further responses which the Court will address in a single ruling. It appears that Plaintiff seeks to compel ...

Excerpt: ... Salim Francis Al Sheikh (“Sheikh”), struck Plaintiff with his vehicle. (See Complaint, p. 5; Jensen Decl., ¶ 6.) Uber is a technology company that operates a platform that, among other things, connects drivers with riders who request transportation services. In order to use this platform, users must create an account and agree to the Terms of Service. (Buoscio Decl., ¶ 5.) On or about May 8, 2022, Plaintiff was presented with an in‐app p...

Excerpt: ... of Local Rule 1.06 and the Court's tentative ruling procedure and the manner to request a hearing. If moving counsel is unable to contact opposing counsel prior to hearing, moving counsel is ordered to appear at the hearing by Zoom. The parties' requests for judicial notice are both unopposed and granted. Background Plaintiff Raphael Hernandez (“Plaintiff”) filed this lemon law action on February 19, 2020 and alleged five causes of action un...

Excerpt: ...tion into the complaint of income discrimination against Respondent Cool Time, LLC. (Gov. Code §§ 12963 [“[a]fter the filing of any complaint alleging facts sufficient to constitute a violation of any provisions of this part, the department shall make prompt investigation in connection therewith.”]) On August 12, 2022, the Department served a subpoena requesting documents related to the complaint in addition to a set of investigative interr...

Excerpt: ...for judicial notice are unopposed and granted. Factual Background On December 2, 2022, CRL filed the Petition, in which its pastor, Robert Royer (“Royer”), avers as follows. In 2021, the real property at 6550 Dry Creek Road, Rio Linda, CA (the “Property”) suffered water damage as the result of a flood. (Pet. 2:16‐17.) The Property is owned by CRL. (Decl. of Robert Royer ISO Pet. (“Royer Decl.”) ¶ 2.) On November 3, 2021, CRL and Se...

Excerpt: ... tentative ruling system, as required by Local Rule 1.06. Moving counsel is directed to contact opposing counsel and advise him/her of Local Rule 1.06 and the Court's tentative ruling procedure and the manner to request a hearing. If moving counsel is unable to contact opposing counsel prior to hearing, moving counsel is ordered to appear at the hearing by Zoom or by telephone. State Farm served the subject RFAs by electronic mail on September 10...

Excerpt: ...ted Protective Order filed in this action and the Complaint and a tentative ruling from Harris, et al. v. County of Sacramento, Case No. 34‐2020‐00287910, is granted. Plaintiff and two other plaintiffs, Todd Beavers and Andre Williams, filed their Complaint on May 14, 2021, against the County arising out of their employment with the Department of Waste Management and Recycling (“DWMR”). Plaintiff alleges the following three causes of acti...

Excerpt: ...ing from the Individual Defendants alleged harassment of and discrimination against Plaintiff while working in their capacity as agents and employees of Markstein. (See Complaint.) Plaintiff also asserts claims against Markstein for retaliation and wrongful termination after Plaintiff complained about the harassment and discrimination. (Ibid.) Defendants move to compel arbitration on grounds Plaintiff signed an arbitration agreement that governs ...

Excerpt: ...ed on the merits, indicating he was not significantly prejudiced by the late opposition. Accordingly, the Court has considered the untimely opposition papers and declines Plaintiff's request to preclude Defendants from participating in oral argument. (See Reedy v. Bussell (2007) 148 Cal.App.4th 1272, 1288.) Background In this lemon law action, Plaintiff alleges that he purchased a new 2016 MercedesBenz GL 350 from Mercedes‐Benz of Reno in Reno,...

Excerpt: ...limitations. As a preliminary matter, it is unclear whether Defendants intend to demurrer to the original complaint or the First Amended Complaint (“FAC”) filed on December 31, 2020 (ROA 14.). The Court presumes Defendants intended to demur to the operative pleading. As the demurrer was filed on August 18, 2022 the Court treats the demurrer as objecting to the FAC. The function of a demurrer is to test the sufficiency of the pleading it chall...

Excerpt: ...(“Christine” or "Plaintiff") alleges she is the true owner of the property. Plaintiff alleges her ex‐husband, Michael Sparks ("Michael"), obtained fee simple titled to the property in 2003 and then transferred and assigned all rights in the property to her in 2019. Despite this, Plaintiff alleges Moving Parties served her with a 60‐ day notice to vacate or quit. Plaintiff alleges Moving Parties claim ownership to the property based on an ...

Excerpt: ... 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, along with the correct address for Dept. 53/54. If moving counsel is unable to contact opposing counsel prior to hearing, moving counsel is ordered to appear at the hearing by Zoom or by telephone. The 17‐page memorandum of points and authorities in opposition fails to comply with the 15‐ page limi...

Excerpt: ...ific 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. *** Opposing counsel failed to comply with CRC Rule 3.1110(b)(3)‐(4). Plaintiff's “separate statement” in support of this motion is not actually “separate” from any of the other papers filed in support of this motion but is instead attached to all of...

Excerpt: ...ip‐and‐fall incident. Defendant KPI filed its answer to the operative complaint on 8/3/2018. While trial had originally been set to commence on 3/10/2020, it was then continued to 11/16/2020 at plaintiff's own request. The case did not proceed to trial on 11/16/2020. Since that date, plaintiff has filed nothing with the Court and no Law & Motion proceedings at all have occurred prior to the filing of the present motion on 10/26/2022. No trial...

Excerpt: ...e 2.111(3). The opposition was not timely filed or served, as CRC Rule 3.1342 governs this motion to dismiss and subdivision (b) specifies that an opposition is due “[w]ithin 15 days after service of the notice of motion.” The opposition was nevertheless considered. Factual Background This action arises out of a motor vehicle accident occurring in February 2018. Plaintiff filed suit on 2/13/2020. According to the proof of service filed on 10/...

Excerpt: ...rified responses, without objections, to Defendants' first set of Form Interrogatories, Special Interrogatories, and Requests for Production of Documents no later than October 31, 2022. Plaintiff did not serve the responses as directed. Pursuant to Code of Civil Procedure 2031.310(i), a court may impose terminating, issue, or evidentiary sanctions, as well as monetary sanctions, for failure to obey a court order to provide discovery. (See, e.g., ...

Excerpt: ...therine Bailey, et al. v. Goodman and Associates, case No. 34‐2022‐00324973. (ROA 54.) This case was designated as the lead case. This action involves an attorney fee dispute between Petitioner and Catherine Bailey and Doug Sutton (collectively, “Respondents”). An arbitration hearing was held on April 19, 2022, with attorney Chad Tapp, attorney Daniel Steinberg, and Steve Watson presiding as arbitrators. Petitioner appeared in person at t...

Excerpt: ...nd accounting. (ROA 1.) Defendant filed a Cross‐Complaint against Plaintiff and Expo Floors, LLC on April 15, 2019, alleging similar claims. (ROA 8.) Defendant filed an Amended Cross‐ Complaint on August 26, 2019. (ROA 41.) Plaintiff filed a First Amended Complaint on August 27, 2019. (ROA 42.) Trial was initially set for October 11, 2022. Discovery closed 30 days before that initial date on September 9, 2022. On November 10, 2021, the Court ...

Excerpt: ...Local Rule 1.06 and the Court's tentative ruling procedure and the manner to request a hearing. If moving counsel is unable to contact opposing counsel prior to hearing, moving counsel is ordered to appear at the hearing by Zoom. Background Plaintiff Tramia Rene Snapp (“Plaintiff”) initiated this action on October 17, 2022 by filing a complaint with four causes of action: (1) breach of express warranty under the Song‐Beverly Act (“Song‐...

Excerpt: ...rkplace injury while employed at a restaurant owned by Matmol, Inc. (“Matmol”). Intervenor provided workers' compensation insurance for Matmol and thus provided workers' compensation benefits to Plaintiff as a result of his workplace injury. This included paying for Plaintiff's transportation to and from medical appointments for treatment of his workplace injury. On September 6, 2016, Plaintiff was being transported home from one such medical...

Excerpt: ...ng counsel prior to hearing, moving counsel is ordered to appear at the hearing by Zoom. Defendant Scott Johnson's (“Defendant” or “Johnson”) demurrer to Plaintiff Melanie Weaver's (“Plaintiff”) complaint is ruled upon as follows. Allegations in Complaint Plaintiff filed this employment action under the on July 18, 2022 against Defendants California Highway Patrol (“CHP”), California Association of Highway Patrolmen (“CHAP”), ...

Excerpt: ...ersus pedestrian accident that occurred on May 2, 2017, where Plaintiff's brother (Eric Allen Miller) was killed when he was struck by a 2013 Toyota Tacoma driven by Steven Martin. Plaintiff alleges Mr. Martin was operating the vehicle in furtherance of his vehicle hauling business. (Complaint ¶ 10.) Plaintiff further alleges that business was insured by Redwood and that Redwood improperly denied coverage to Mr. Martin. Plaintiff and Mr. Martin ...

Excerpt: ...uling to the litigation coordinator. The litigation coordinator shall provide the tentative ruling to Plaintiff Delbert Smith within 48 hours. The litigation coordinator is directed to have Plaintiff Troy Anderson available at oral argument on January 19, 2023 at 1:30 pm. Appearance will be by ZOOM. Department 53 Zoom ID is: 161 4650 6749. To appear on Zoom by phone, call (833) 568‐8864 and enter 161 4650 6749#. Appearance is required. Self‐r...

Excerpt: ...ricson (“Plaintiffs”), allege that Defendants 3 Point, Christopher MacPhail, and Dorothy MacPhail surreptitiously took partnership profits for their own personal gain without benefit to the partnerships. In March 2022, the parties reached a settlement pursuant to which the parties agreed to sell certain real property (“El Camino Property”) to the highest bidder within a three month period. (Underwood Decl. Exh. 2 ¶ 3.) The parties agreed...

Excerpt: ...quests for Admission) is ruled upon as follows. Background This action arises from a family business dispute. The Complaint asserts causes of action for disassociation, breach of fiduciary duty, and breach of contract against Defendant, Curtis Pless, and Gregotrade, LLC. Defendant's Cross‐Complaint asserts causes of action for disassociation, breach of fiduciary duty, accounting, breach of contract, violation of the covenant of good faith and f...

Excerpt: ...Defendant's rehabilitation facility. At issue on the instant motion are Defendant's responses to Plaintiffs' request for production and special interrogatories (sets one). While there are a substantial number of discovery requests and a separate statement over 150 pages in length, the overall gist of the motion relates to the objections stated in the discovery responses. That is, Plaintiffs for the most part argue that the objections set forth in...