Excerpt: ...d. Objection Nos. 7 and 8 to the Declaration of Jason Louie are sustained. The remaining objections are overruled to the extent they involve evidence that was relevant to the Court's decision on the merits of the motion. Defendant's objections are overruled to the extent they involve evidence that was relevant to the Court's decision on the merits of the motion. Defendant's objections apply only to portions of Plaintiff's declaration and the tran...

Excerpt: ...btors: (1) The Retreat at Roya Green LLC; (2) Antonette Tin, also known as Antonette 8. Tin, Antonette Butlig Tin, and Antonette Fernando, an individual; and (3) Antonette Tin dba Precious Angels Care (collectively, "Defendants" or "Judgment Debtors"). (ROA 95.) Plaintiffs' moton is ruled upon as follows. Background Plaintiffs filed their complaint on August 17, 2018 alleging various wage-and-hour causes of action. Defendants filed their answer o...

Excerpt: ...ng date shall automatically be continued one week plus one court day for oral argument. The contnuance date will always be an appearance required hearing so that Plaintiff need not request oral argument. The Litigation Coordinator shall make Plaintiff available, by Zoom telephonically, at 9m a.m. on the date of the continued hearing date, which will be Wednesday, April 5, 2023, to participate in oral argument. To appear on Zoom telephonically, ca...

Excerpt: ...ly requested on this matter (i.e., before 4:00 p.m. today), it will take place beginning at 1:15 p.m. tomorrow, Tuesday, March 28, 2023. *** *** If oral argument is requested, the parties must at the time oral argument is requested notify the clerk and opposing counsel of the specific causes of action that will be addressed at the hearing. Counsel are also reminded that pursuant to local rules, only limited oral argument is *** Factual Background...

Excerpt: ...ourt's tentative ruling system, as required by Local Rule 1.06. Moving counsel is directed to contact opposing counsel and advise him/her of Local Rule 1.06 and the Court's tentative ruling procedure and the manner to request a hearing. If moving counsel is unable to contact opposing counsel prior to hearing, moving counsel is ordered to appear at the hearing in person, by Zoom or by telephone. While this Court granted on 2/14/2023 defendants' mo...

Excerpt: ...tter (i.e., before 4:00 p.m. today), it will take place beginning at 1:15 p.m. tomorrow, Tuesday, March 28, 2023. *** *** If oral argument is requested, the parties are directed to notify the clerk and opposing counsel at the time of the request which of moving defendant's 24 undisputed Material Facts, which of plaintiffs' five (5) Additional Material Facts will be addressed at the hearing. The parties should be prepared to point to specific admi...

Excerpt: ... related claims based on Defendant's reassigning him to a lesser office and clinical workspace follow-ng his surgery. Plaintiff alleges, in part, that he was wrongfully forced to participate in Defendant's Physician Assessment and Clinical Education ("PACE") program. (Second Amended Complaint ("2AC") '129-31.) Plaintiff contends the PACE program is designed for physicians with anger management issues, clinical incompetencies, medical record keepi...

Excerpt: ...nted. However, the Court only takes judicial notice of the existence of the records. Facts found by another court in its orders, findings of fact, or conclusions of law that were in dispute in that action should not be judicially noticed for the truth. ( Sosinsky v. Grant (1992) 6 Cal.App.4th 1548, 15T see also, Kilroy v. State of California (2004) 119 Cal.App.4th 140 (Third District Court of Appeal following the same).) In this action, Plaintiff...

Excerpt: ... Plaintiff electronically served Caltrans with the discovery requests on January 24, 2023, by email. (Scardigli Decl. '1 4, Exhs. 2-7.) Having received no response to the discovery requests, Plaintiff emailed Caltrans on March 1, 2023, to meet and confer and attached the requests. Plaintiff received an email notification response stating: "Your message wasn't delivered because the recipients email provided rejected it." (Scardigli Decl. 5, Exhs. ...

Excerpt: ...ant moves for summary judgment on the basis that it "did not own, possess or control the location where the subject incident occurred, and therefore did not owe any duty to Plaintiff with regard to that location." It also seeks summary judgment on the basis that Plaintiff "has no evidence to establish that the location of her accident was in an unreasonably dangerous condition, despite her fall" and that it "had no notce of any dangerous conditio...

Excerpt: ...dge Mennemeier recused himself pursuant to CCP S 170.1(a)(3)(A). The tentative ruling was vacated and the matter continued to today's calendar. The Court has reviewed the original tentative ruling and the Court adopts that ruling as its own. This action arises from a vehicle collision that occurred on May 21, 2021. Plaintiffs allege that their vehicle was rear-ended by a truck driven by Defendant Sharif Davalatberki ("Davalatberki"). Plaintiffs a...

Excerpt: ...t'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. On January 4, 2021, Alvernaz, entered into a Real Property Purchase and Sale Agreement with defendant George Blaufuss ("George"), then owner of record of the real property located at 15261 Nueva Drive, Rancho Murieta, California (the "Property"). (Alexande...

Excerpt: ...cant lot and a warehouse. Plaintiffs alleged they held fundraising events at the property. Plaintiffs allege Defendant ultimately demanded Plaintiffs remove their belongings and never served them with any notice of eviction. They allege Defendant changed the locks, refused them entry and discarded belongings, all without any notice of evicton. Plaintiffs now seek to file a supplemental complaint apparently on the basis that Defendant's recent leg...

Excerpt: ...rchase of a vehicle from Dealer pursuant to a Retail Installment Sales Contract ("RISC"). After purchasing the vehicle, the RISC was assigned to Bank of Stockton. Plaintiffs now seek to compel Defendants to arbitrate the dispute pursuant to an arbitration provision in the RSIC. The subject provision requires arbitration of "[alny claim or dispute, whether in contract, tort, or statute or otherwise (including the interpretation and scope of this A...

Excerpt: ...that her husband, Tim Constantine ("Decedent") was admitted to Defendant's nursing home for skilled nursing care ("Facility") related to his diagnosis of dementia. Plaintiff alleges that Defendant failed to establish and implement the state mandated infection control policies for COVID-19. Decedent contracted COVID-19 and died. Plaintiff filed her complaint on September 27, 2021. On October 27, 2021, Defendant removed this achon to Federal Court....

Excerpt: ...rety Company ("Western") (collectively "Defendants") on November 17, 2022. On December 12, 2022 Plaintiff filed the instant motion to compel all Westlake and Maadarani to arbitrate the claims asserted in this action. (ROA 5.) The requirements for service of a petition to compel arbitration are set forth in Cade of Civil Procedure S A motion to compel arbitration must generally be served in the manner prov-ded for in the arbitration agreement. (Co...

Excerpt: ...3.1113(d). As Elk Grove correctly argues in reply, the page limit does not include the caption page, table of contents, or table of authorities. (ld.) Excluding these pages, Elk Grove's opening memorandum complies with the page limit. The Court also rejects Plaintiff's argument that the motion should be denied because it was scheduled for more than 30 days after service of the motion as required by Code of Civil Procedure S 425.16(f). The statuto...

Excerpt: ...oy Anderson within 48 hours. The litigation coordinator is directed to have Plaintiff Troy Anderson available at oral argument on March 22, 2023 at 1:30 pm. Appearance will be by ZOOM. Department 53 zoom is: 1614650 6749. To appear on Zoom by phone, call (833) 568-8864 and enter 161 4650 6749#. Appearance is required. Defendant Governor Newsom's motion to dismiss is granted. Plaintiff filed his complaint on December 27, 2016 naming Defendant and ...

Excerpt: ...nd Aaliyah Knox (collectively "Plaintiffs") allege that their vehicle was fully stopped at a red light at the intersection of Franklin Boulevard and Brookfield Road, waiting to make a left-hand turn (westbound) onto Brookfield from the northbound turn lane of Franklin Boulevard. While waiting for the light to turn green, Non-Settling Defendant's vehicle was traveling southbound on Franklin Boulevard and Settling Defendants' vehicle was traveling ...

Excerpt: ...cility. Plaintiff propounded the subject discovery to Twin Rivers on September 21, 2022. (Underwind Decl., '1 5.) Twin Rivers to the requests entirely with objections. (underwood Decl., 7, Exh. 3.) Following minimal meet and confer efforts, Plaintiff brought the instant motion for an order finding Twin Rivers' objections lack merit and compelling Twin Rivers to provide further responses. Twin Rivers opposes the motion. A party may move to compel ...

Excerpt: ...ya Evans, a minor and by and through her GAL Montoya Day ("Amaya"), Patrick Evans, and Jovan Warner's (collectively "Defendants") demurrer to Plaintiff Cali Thibedeau, a minor by and through her GAL Stefanie Thibedeau's ("Plaintiff") verified first amended complaint ("FAC") is ruled upon as follows. Overview Plaintiff attends Natomas Park Elementary School. (FAC, 17.) She is not a member of Snapchat and has no social media accounts. (FAC, 18.) Pl...

Excerpt: ...ot the truth of their contents. (See Professional Engineers v. Dep't of Transp. (1997) 15 Cal.4th 543, 590; Steed v. Department of Consumer Affairs (2012) 204 Cal.App.4th 112, 120-121.) Procedural History Plaintiff initiated this achon on February 23, 2022 by filing a petition for relief from the provisions of Gov't Code SS 945.4 and 945.6. ("Petition") (ROA 1.) Plaintiff paid the required $435 first appearance fee. The Court granted the Petiton ...

Excerpt: ...g a motion, except for a motion listed in rule 3.1114, must serve and file a supporting memorandum. The court may construe the absence of a memorandum as an admission that the moton or special demurrer is not meritorious and cause for its denial, and in the case of a demurrer, as a waiver of all grounds not The Court also notes that the declaration of Defendant's counsel purports to attach exhibits, but no exhibits are attached. (See Kawakami Won...

Excerpt: .... The Court declines to rule on the remaining objections, as the subject evidence is immaterial to the disposition of the moton. (See CCP S 437c(q).) Background This is a personal injury action involving an alleged trip- and-fall that occurred on July 19, 2018. Plaintiff's complaint includes a single cause of action for negligence and alleges that Defendants negligently designed, constructed, maintained, used, controlled, managed, and/or supervis...

Excerpt: ...** Plaintiff Elden Thomas' ("Plaintiff") motion to compel Defendant Irish Construction's ("Defendant") further responses and responsive documents to Request for Production, Set Five, is ruled upon as follows. This is an employment retaliation and discrimination acton. Plaintiff contends that after he complained of discrimination, bullying, and harassment, Defendant retaliated against him and terminated him. (Telfer Decl. '12.) The parties entered...

Excerpt: ...that his office served Plaintiffs with the subject discovery on or about June 1, 2022. (Mahlstedt Decl., 2.) Counsel also states that a copy of subject discovery is attached as Exhibit A; however, no exhibits are attached to counsel's declaration. Therefore, Defendant has failed to establish that it served Plaintiffs with discovery to which Plaintiffs did not respond. The Court also notes that, at least in the typical motion to compel responses o...

Excerpt: ... and wrongful death against Dr. Singh and several other defendants. Concurrent with this motion to seal, Dr. Singh has moved for summary judgment as to Plaintiffs' entire complaint. Via this motion, Dr. Singh seeks to file under seal the following documents related to the motion for summary judgment: (1) Portions of Dr. Singh's memorandum of points and authorities (ROA 76); (2) Portions of the Declaration of Dominique A. Pollara (ROA 75); and (3)...

Excerpt: ...filed in July 2018 named Sandra Herbert as an heir defendant by virtue of being the decedent's daughter. Ms. Herbert was personally served with the Summons and First Amended Complaint in September 2018 but she has to date neither filed nor served a written response to the complaint. In February 2022, plaintiffs filed a motion for an order to show cause why Ms. Herbert should not be dismissed from this action. Although the 2022 motion was unoppose...

Excerpt: ...Sharif Davalatberki ("Davalatberki"). Plaintiffs allege Mr. Davalatberki was driving the truck on Defendant Amazon Logistics, Inc.'s ("Amazon") and Defendant Tojikon, Inc.'s ("Tojikon") behalf. The traffic collision report indicated that Amazon was the motor carrier and Tojikon was the owner of the vehicle. (Park Decl. 'l Exh. 1.) Amazon's opposition argues that it is a "stretch" to believe that a police offcer would know how to correctly identif...

Excerpt: ...al architecture system and the transmission. Plaintiff seeks to compel Defendant to produce a person most knowledgeable ("PMK") with respect to 35 topics. The subject PMK topics deal with repairs to the subject vehicle, technical service bulletins related to the alleged defects, recalls, refusal to repurchase the subject vehicle, warranty policies, repair procedures, etc. Plaintiff first noticed a PMK deposition for a May 6, 2021 date but then se...

Excerpt: ...first amended complaint ("FAC") on January 13, 2022. (ROA 21.) The FAC includes what appears to be four causes of action: (1) "personal injury for impersonation"; (2) violation of California Civil Code section 52.1; (3) breach of contract; (4) a second breach of contract claim. According to the FAC, from June 30, 2016 to June 12, 2019, Plaintiff resided as a tenant at a boarding house in Sacramento called Pete's Place. (FAC, 1.) Defendants George...

Excerpt: ... for judicial notice is granted as to requests 14 which consist of the complaint, Defendant's amended answer, the recorded grant deed for the Property, and the recorded severance of joint tenancy regarding the Property. Defendant did not oppose these requests. However, the request for judicial notce is denied as to requests 5-10, as to which Defendant objected. Request 5 consists of portions of Defendant's deposition testimony which as explained ...

Excerpt: ...tion and she discovered shortly after the sale that the car needed a new engine. Ms. Mendias filed her Complaint against Sayed and Old Republic as surety, on April 20, 2022, and the operative First Amended Complaint on June 15, 2022. Ms. Mendias alleges claims for violation of the Consumers Legal Remedies Act, violation of the Song-Beverly Consumer Warranty Act, violation of Business & Professions Code S 17200, intentional misrepresentation, resc...

Excerpt: ...luding EGUSD and Mr. Johnson, Los Rios Community College Districts, Consumnes River College, and the student I.J. Plaintiffs allege causes of acton for negligent supervision of students and school premises; violation of California Constitution Article 1, and Education Code S 8202; assault and battery; and negligent infliction of emotional distress. Plaintiffs allege I.V. and I.J. were students at Valley High School, an EGUSD campus, of which Mr. ...

Excerpt: ...f trial. (Code Civ. Proc. S 437c(3).) Trial is currently scheduled for March 20, 2023. As the hearing on this moton is scheduled for only five days before trial, the Court may properly consider it only if the hearing date was properly scheduled closer to trial based on a finding of good cause. Based on the trial date of March 20, 2023, the last day to hear a motion for summary judgment would ordinarily be Friday, February 17, 2023. The City filed...

Excerpt: ...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 achon under any theory, regardless of the title under which the factual basis for relief is stated, that aspect of the complaint is against demurrer." (Quelimane Co. v. Stewart Title Guaranty co. (1998) 19 cal.4th 26, 38-39; Bagatti v. Dept...

Excerpt: ...int on January 26, 2021, which alleges causes of action for general negligence and professional negligence. Plaintiff alleges that she came under the care of Defendants for dental services and suffered serious complications from a lidocaine injection, which complications included lockjaw. (Complaint, Attachment to Cause of Acton — Professional Negligence.) Defendants move for summary judgment on the ground Plaintiff cannot establish breach of t...

Excerpt: ...NOPPOSED and GRANTED. SSR and Seefeldt filed their operative second amended complaint ("SAC") on October 24, 2018. Plaintiffs assert causes of action for fraud, conversion, theft, breach of fiduciary duty, misappropriation of proprietary information, negligence, indemnity, fraudulent conveyances, financial elder abuse, and constructve trust. Co-defendant Garth Covert was dismissed on November 8, 2018. SSR is a corporation acting as an insurance b...

Excerpt: ...al date was set for October 11, 2022, and trial is currently set for October 2, 2023. However, as the issue was not raised in the opposition, the Court presumes for the purposes of this motion that the parties have agreed to extended deadlines. Pursuant to Code of Civil Procedure section 2024.060: Partes to an acton may, with the consent of any party affected by it, enter into an agreement to extend the tme for the completion of discovery proceed...

Excerpt: ... to file certain portions of the moving papers unsealed. The Court cannot properly consider the portions of the papers for which the order to seal was denied until Defendant has had an opportunity to determine whether those portions of the papers should be filed unsealed or returned to Defendant and not filed. (Cal. Rules of Court, rule 2.551(b)(6).) Further, Defendant's decision as to whether to file portions of the moving papers unsealed or whe...

Excerpt: ...ust be separated by a hard 8 h" x 11" sheet with hard paper or plastic tabs extending below the bottom of the page, bearing the exhibit designation. This acton arises from a purchase order that DGS issued on March 27, 2020, to buy personal protective equipment ("PPE") from Bear Mountain. Bear Mountain filed its original Complaint against DGS on December 15, 2020, alleging a single cause of achon for breach of contract. Bear Mountain alleges it ac...

Excerpt: ... on March 22, 2023 at 1:30 pm. Appearance will be by ZOOM. Department 53 Zoom ID is: 1614550 6749. To appear on Zoom by phone, call (833) 568-8854 and enter 161 4650 6749#. Appearance is required. Defendant Governor Newsom's motion to dismiss is granted. Plaintiff filed his complaint on December 27, 2016 naming Defendant and over 50 other defendants. Defendant moves to dismiss this action pursuant to CCP SS 583.310 and 583.360 for failure to brin...

Excerpt: ... owner of the vehicle operated by Defendant Driver. (Complaint, 13 and 23-27.) Defendant rented the vehicle to Defendant Cynthia Ann Cowles, who in turn gave possession of the vehicle to Defendant Driver. (Ibid.) Plaintiffs allege Defendant knew or should have known that Defendant Driver would be given possession of the vehicle, that Defendant Driver was addicted to drugs and alcohol and that Defendant Driver was likely to drive the vehicle under...

Excerpt: ...oving 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, 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. Factual Background Plaintiff Murphy filed this achon on 6/16/2022, after sufferi...

Excerpt: ...pposing counsel prior to the hearing, moving counsel is ordered to appear at the hearing by Zoom or by telephone. Plaintiff's counsel is admonished for failing to comply with CRC rule 3.1110(f)(4). Exhibits must be separated by hard paper or with plastic tabs extending below the page. Specially appearing Defendant Robert Grasso's ("Grasso") motion to quash service of summons and complaint is ruled upon as follows. Background This is an alleged ch...

Excerpt: ...ry action by filing a complaint on October 5, 2022. In the complaint, Plaintiff alleges that on October 6, 2020, as she was exiting the vehicle being operated by an unidentified Uber driver, the driver drove away before Plaintiff completed her exit, resulting in Plaintiff being dragged by the vehicle and suffering injury. (Complaint, p. 5.) Plaintiff served the complain on Uber on October 12, 2022. (ROA 7.) On November 4, 2022, Uber's counsel sen...

Excerpt: ...UNOPPOSED and ruled upon as follows. The notice of motion does not provide notice of the Court's tentative ruling system, as required by Local Rule 1.06. Moving counsel is directed to contact Defendant and advise her of üJcal Rule 1.06 and the Court's tentative ruling procedure and the manner to request a hearing. If moving counsel is unable to contact Defendant prior to hearing, moving counsel is ordered to appear at the hearing by Zoom or by t...

Excerpt: ...prior to hearing, moving counsel is ordered to appear at the hearing by Zoom or by telephone. Defendants Laurie and Paul Rogers, et al.'s (collectively "Rogers") motion for summary judgment or in the alternative, summary adjudication of the six (6) causes of action alleged against them in plaintiff Twinley Ventures, LLC's complaint is ruled upon as follows. *** If oral argument is requested, the parties are directed to notify the clerk and opposi...

Excerpt: ...me scheduled to occur just a three days later. Plaintiff's complaint purports to assert against a law firm now known as Carr McClellan P.C. ("CM") and Fidelity National Title Company ("FNT") causes of action for declaratory relief relative to a 2012 secured promissory note for $6W,OW and a 2020 amendment, for cancellation of deeds of trust and for "Injunctive Relieve [sic]." Moving Papers. Plaintiff's primary argument is that "the foreclosure pro...

Excerpt: ...collectors. In 2012, LVNV sued Plaintiff based on a debt it had purchased from Bank of America. (4AC, "1 14-15.) A default judgment was entered against Plaintiff resulting in a lien being placed on Plaintiff's real property. (4AC, 15-17.) Plaintiff discovered the lien in early 2015 when she attempted to refinance her home. (4AC, 18.) Plaintiff only remember having one account with Bank of America, which she believed to be the account that resulte...