Excerpt: ...el Defendant to provide full and complete responses to certain requests for production. Requests Nos. 1, 2 and 4 relate to Plaintiff's vehicle. Request Nos. 18, 23, 25, 30, 35, 35, 49, 50, 51, 81‐85, 90 and 91 relate to Defendant's investigation and analysis regarding the defects and reports to government entities. Requests Nos. 76 and 78 relate to Defendant's warranty and repurchase policies. Defendant interposed numerous objections to the req...

Excerpt: ...umerous defendants caused the Decedent to be exposed to asbestos containing products resulting in her developing lung cancer. DCo is alleged to be one of the entities responsible for numerous automotive products which the Decedent was exposed to, including Warner Electric Brake & Clutch Company's (“Warner”) brakes and clutches, United brakes and Victor Gasket Division's gaskets. Plaintiffs also seek punitive damages. DCo moves for summary adj...

Excerpt: ...14. Plaintiff's counsel is directed to contact opposing counsel forthwith to advise counsel of Department 53's correct address, Local Rule 1.06, and the Court's tentative ruling procedure. If Plaintiff's counsel is unable to contact opposing counsel prior to the hearing, Plaintiff's counsel shall be available at the hearing, in person or remotely (telephonically or by video conference via Zoom as stated in the introductory notice to today's tenta...

Excerpt: ...t. v. Empire Water Co. (1941) 44 Cal.App.2d 61, 68 [recorded land documents, not contracts, are the subject of judicial notice on demurrer].) The Court, however, does not accept the truth of any facts within the judicially noticed documents except to the extent such facts are beyond reasonable dispute. (See Poseidon Devel., supra, 152 Cal.App.4th at 1117‐18.) see also Fontenot v. Wells Fargo Bank, N.A. (2011) 198 Cal.App.4th 256, 265 ("[A] cour...

Excerpt: ... is the San Francisco Chapter of ACF. (Comp. ¶ 6.) Plaintiff alleges that it has been overseen by ACF but work as an autonomous unit it terms of its day‐to‐ day operations. It alleges that historically ACF holds title to property acquired by chapters but in name only and only as a trustee for any individual chapter that raised money to acquire the property. (Comp. ¶¶ 9, 10.) Plaintiff alleges it acquired investment property on November 8, ...

Excerpt: ...each of contract, common counts, fraud, breach of the covenant of good faith and fair dealing, and for declaratory relief. The claims arise from allegations that Plaintiffs agreed to purchase real property located at 5829 Filbert Avenue in Orangevale (the “Property”) from Defendant but that Defendant has failed to place Plaintiffs on title. Defendant demurs to all of the causes of action in the FAC A demurrer “tests the pleadings alone and ...

Excerpt: ...ki. Plaintiffs allege Mr. Davalatberki was driving the truck on Defendant Amazon Logistics, Inc.'s (“Amazon”) behalf. The Court considered Amazon's opposition which was filed and served a single day late on January 6, 2023. Plaintiffs were able to file a timely reply. At issue of this motion are Amazon's responses to Plaintiffs' request for production of documents (set three). The requests seek documents of any surveillance Amazon conducted o...

Excerpt: ...overy of alleged credit 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 de...

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: ...e III sacral pressure sores. (Complaint, ¶¶ 30.) Plaintiff alleges she was completely dependent upon Defendant for daily living, that Defendant knew or should have known that Plaintiff was at high risk for the development and worsening of pressure sores. (Complaint, ¶¶ 29, 31.) Plaintiff alleges that despite this knowledge, Defendant ignored Plaintiff's needs, failed to provide necessary care to prevent the development and worsening of sores,...

Excerpt: ...ner to request a hearing. If Plaintiff is unable to contact Defendant prior to hearing, Plaintiff is ordered to appear at the hearing. Plaintiff filed the Complaint for Partition on March 17, 2022, against defendant in pro per Lineni Noa Keil (“Defendant”) seeking partition of the real property located at 3551 Rio Loma Way, Sacramento, California 95834. Default was entered against Defendant on August 15, 2022. (ROA 22.) Plaintiff presents the...

Excerpt: ... Complaint filed in this action is granted. Plaintiffs in pro per Zuri K. Colbert and Nafisah Timmons (collectively, “Plaintiffs”) filed the original Complaint on May 21, 2021, and the First Amended Complaint (“1AC”) on June 10, 2021. (ROAs 1, 16.) The 1AC alleges causes of action for fraud and negligence against the County and its employees based upon alleged inaccurate recordkeeping that conflates Plaintiffs' names with the names of oth...

Excerpt: ... for his claims brought under the Private Attorneys General Act (Labor Code § 2699 et seq.) (“PAGA”). Plaintiff filed his Complaint on January 26, 2022, asserting a single claim under PAGA for failure to pay overtime wages, failure to pay minimum wages, failure to provide meal and rest periods or pay premiums in lieu thereof, failure to provide accurate wage statements, failure to pay final wages, failure to provide paid sick leave, failure ...

Excerpt: ...�FROGs”), Set Two; Special Interrogatories, Set Two; Special Interrogatories, Set One; and Requests for Production of Documents, Set One, (collectively “Original Discovery”). Plaintiff opposes the request as untimely and on its merits. Defendant also moves for an order compelling responses to Supplemental Requests for Production, Set No. Supplemental One and Supplemental Interrogatory, Set No. Supplemental One (collectively “Supplemental ...

Excerpt: ...33, 134, and 141 is GRANTED as follows. Plaintiff has indicated the incorrect address in its notice of motion. The correct address for Department 54 of the Sacramento County Superior Court is 813 6th Street, Sacramento, California 95814. Plaintiff shall notify Defendant immediately. This is a lemon law action involving a 2017 Cadillac. Plaintiff alleges the vehicle suffered from steering and electrical defects and that Defendant failed to repair ...

Excerpt: ...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. This is an action by Harlan to quiet title to real property and for alleged financial elder abuse by Defendant. The property was transferred to Defendant, as...

Excerpt: ...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 granted Defendant's motion to compel Plaintiff to provide further re...

Excerpt: ...ed 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. Factual Background This action arises out of plaintiff's prior employment with CSLC, where she claims to...

Excerpt: ...n struck by defendants' vehicle while walking in the parking lot with her mother. Plaintiff McKinney's responses to interrogatories attest to the following injuries: “[R]ib contusions, headaches, sprains and strains to the left arm and neck, upper and lower back injuries, pain radiating down leg, and a fear of being struck by another vehicle while walking.” Defendants issued in May 2022 several subpoenas for medical records from plaintiff McK...

Excerpt: ... 95814. Defendant shall notify Plaintiff immediately. On December 27, 2016, plaintiff Dawn Virginia Randall (“Plaintiff”) filed the Complaint in this action for personal injuries related to a fall that occurred on January 6, 2015. The initial trial date was September 25, 2018. (ROA 26.) On September 6, 2018, the Court granted Plaintiff's motion to continue trial pursuant to the parties' stipulation. (ROA 36.) A new trial date of April 16, 201...

Excerpt: ... not timely served but were nevertheless considered since the original hearing date of 12/7/2022 was continued to this date. Factual Background This action arises out of plaintiff's prior employment with APL. Pursuant to an agreement to resolve employment‐related claims via arbitration, plaintiff filed demand for arbitration with JAMS on 6/13/2022. On 6/24/2022 JAMS issued a “Notice of Intent to Arbitration and Filing Fee Invoices” and serv...

Excerpt: ...aint (“SAC”) is 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 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 ...

Excerpt: ...bt related to a credit card account. Plaintiff presents the following facts in its separate statement: Defendant Loudes Bernal applied to Plaintiff for a credit card account and entered into a written credit card account agreement with Plaintiff for the account number ending in 7716. (UMF 1.) Defendant agreed to be bound by the terms and conditions set forth in the Cardmember Agreement at the time Defendant applied for, received or used the the C...

Excerpt: ...ed, managed, maintained, supervised, inspected, operated, and/or controlled” the sidewalk/premises where she was injured. (Compl. At p. 4.) On August 3, 2022, Plaintiff filed her Complaint against the City and other Defendants, alleging causes of action for general negligence and premises liability against the City. Defendant demurs to the First Cause of Action for negligence on the grounds that the cause of action as pled is improper and subje...

Excerpt: ...nt will be DROPPED 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.) Provided that that plaintiff files proof of timely, valid service of the moving papers at or before the hearing on this matter, the following will become the tentative ruling on this matter. Plaintiff/cross‐defendant US Alliance Federal Credit Union'...

Excerpt: .... Facts and Procedural History This case arises out of Plaintiff Lisa Vaughn's [“Plaintiff”] alleged injury caused by a dangerous condition existing at the dental office where she was employed by CrossDefendant. Plaintiff claims she rolled her desk chair into a hole in the cement floor, causing her to fall out of the chair and sustain injury. Plaintiff alleges CrossComplainants leased the property to Cross‐Defendant (her employer). Plaintif...

Excerpt: ...medical treatment Plaintiff received at Kaiser's Sacramento Medical Center Emergency Department following an accident resulting in injury. Specifically, Plaintiff alleges a male Radiological Technologist named Kenya Besancon (“Besancon”) sexually assaulted and battered Plaintiff while performing an X‐ray procedure on November 13, 2020. Plaintiff filed the action on January 6, 2021, alleging a single cause of action for violation of Civil Co...

Excerpt: ...ember 8, 2018, between Plaintiff, Plaintiff's sister, and Plaintiff's sister's boyfriend at a Food for Less store in Lathrop, CA. Plaintiff alleges that he called 911 concerning the incident and that when the City of Sacramento Police Department arrived, they unlawfully detained him, assaulted him, and denied him medical care, assuming he was the offender. (SAC at p. 5.) Plaintiff filed the original complaint on June 14, 2021, and the First Amend...

Excerpt: ...emurrer to Plaintiffs' Second Amended Complaint: [This action] appears to be premised on the recording of liens, specifically Notices of Pending Enforcement Action ("NOPEA") against [Plaintiff Nabil Samaan's] properties by the County of Sacramento and various employees. Plaintiffs appear to allege that the liens were recorded as a result of the fact that Samaan was successful in an earlier lawsuit. Plaintiffs allege they were denied permits to bu...

Excerpt: ...negligence‐wrongful death and survival action pursuant to CCP §377.30. Plaintiffs also seek punitive damages against the corporate defendants, Fedex Ground Package System, Inc. and Poly & Lyn Trucking, Inc. By this motion, Plaintiffs Heriberto Mosqueda, Sr. and Gladis Paola Barrera (collectively “Plaintiffs”) move to compel defendant Fedex Ground Package System, Inc.'s (“Defendant”) further responses to request for production nos. 1‐...

Excerpt: ...unable to contact opposing counsel prior to the hearing, he shall be available at the hearing, in person or remotely (telephonically or by video conference via Zoom as stated in the introductory notice to today's tentative rulings), in the event opposing counsel appears without following the procedures set forth in Local Rule 1.06(B). Appellee's motion for order to release money held by the Court's registry is ruled upon as follows. Factual & Pro...

Excerpt: ...very; (3) conversion; and (4) breach of guaranty. Plaintiff alleges that it entered into an agreement to lease a 2015 Lamborghini Aventador Roadster to Defendant PVCR, LLC (“PVCR”). (Complaint, ¶ 7.) After PVCR defaulted on the lease, Plaintiff discovered that PVCR was a suspended LLC and that Defendant, who is PVCR's principal and guarantor of the lease, had misrepresented the nature and health of PVCR's business in securing the lease agree...

Excerpt: ...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 debris in plain view of the public. As a result, the City red‐tagged the property as uninhabitable and instituted this action to appoint a receiver to handle the abatement of the property. On April 14, 2021, the Court granted the petition and approved of Petiti...

Excerpt: ...able to contact opposing counsel prior to hearing, moving counsel is ordered to appear at the hearing by Zoom. Plaintiff Kimberly Wilson's (“Plaintiff”) motion to compel further responses to request for admissions and form interrogatories is ruled upon as follows. In this personal injury action, Plaintiff alleges that she was rear‐ ended on June 11, 2019 by Defendant Charles Peter Hershey while he was in the course and scope of his employme...

Excerpt: ...tely of the tentative ruling system and the manner to request a hearing. If Nissan is unable to contact Plaintiff prior to hearing, Nissan is ordered to appear at the hearing. Nissan's request for judicial notice is granted. Plaintiff's request for judicial notice is granted. Plaintiff filed this lemon law action against Nissan on October 2, 2019, arising out of Plaintiff's purchase of a 2016 Nissan Titan (the “Subject Vehicle”) from Nissan o...

Excerpt: ...decision of the Contractors State License Board (“CSLB”) is granted. (See Acre v. Kaiser Foundation Health Plan, Inc. (2010) 181 Cal.App.4th 471, 484.) Tricon and IFIC's request for judicial notice of a CSLB order denying motion to stay or continue disciplinary proceedings is also granted. However, the Court does not take judicial notice of the truth of any factual finding contained therein. (Sosinsky v. Grant (1992) 6 Cal.App.4th 1548, 1564�...

Excerpt: ...led the motion. Plaintiff has since filed a supplemental declaration confirming the parties have met and conferred but did not resolve the issues raised in this motion. Accordingly, the Court now considers the motion on its merits. Plaintiff asserts that judgment on the pleadings is appropriate in light of the Court's August 17, 2022 order deeming admitted Plaintiff's requests for admission that Plaintiff has a right of judgment on all causes of ...

Excerpt: ...ounsel for all other parties and advise them 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 counsel for the other parties prior to hearing, moving counsel is ordered to appear at the hearing by Zoom or by telephone. The notice fails to state the grounds upon which it is made as required by Code of Civil Proced...

Excerpt: ...an River College in Sacramento. Plaintiff also hired Defendant Terracon Consultants, Inc. (“Terracon”) to provide geotechnical engineering services on the project. Webcor hired Cross‐Defendant Watry Design (“Watry”) to provide architectural and design services on the project. Webcor also hired Cross‐Defendant Duran and Venables (“Duran”) to provide grading services. Plaintiff provided Webcor with Terracon's geotechnical report for...

Excerpt: ...o CCP § 425.16(c) is ruled upon as follows. On October 12, 2022, this Court granted Defendants' special motion to strike the Complaint under CCP § 425.16 (“anti‐SLAPP Motion”). (ROA 52.) The Court's order indicates that any request for fees should be sought by a separately noticed motion. ( Ibid.) Judgment was entered in Defendants' favor on October 20, 2022. (ROA 59.) The Court attached the October 12 order to the Judgment. (Ibid). On Oc...

Excerpt: ...m Plaintiff Jason and Yolanda Abernathy's [“Plaintiffs”] purchase of and subsequent sale of real property located at 6066‐6068 Ogden Nash Way, Sacramento [“Subject Property”] and Plaintiffs' allegation that Defendants wrongfully obtained a deed of trust from Plaintiffs and recorded the same. Defendants married in June 2006 and Defendant Dolores Mouras [“Dolores] is Plaintiff Yolanda Abernathy's [“Yolanda”] older sister by 13 years...

Excerpt: ...tter was a police officer employed by District. The complaint purports to assert eight separate causes of action, four against defendant Winchester and four against District. The claims against District include Battery, Negligence, Intentional Infliction of Emotional Distress, and Violation of the Bane Act (Civ. Code §52.1). The complaint specifically alleges in Paragraph 4 that this lawsuit is timely pursuant to the ten‐year limitations perio...

Excerpt: ...he statutory mandate. Plaintiff's counsel is reminded that the meet‐and‐confer requirements of Code of Civil Procedure §430.41 are not optional and s/he is required to participate in the meet‐andconfer efforts “in person or by telephone” even if s/he disagrees with the challenge to the pleading. Factual Background This is a personal injury action arising out of a trip‐and‐fall incident occurring on 5/16/2021. Although not explicitl...

Excerpt: ... Plaintiff as a patient. Accompanying Plaintiff's Complaint is a document entitled “Memorandum of Points and Authorities in Support of Relief [sic] to Vacate the Judgment [sic] Case No. 34201600204210 [and] Petition for Writ of Coram Nobis.” There is no accompanying motion to this document. The Court has reviewed this document only for context and underlying facts relevant to Defendant's instant demurrer. On December 1, 2016, Plaintiff filed ...

Excerpt: ...ponses and responsive documents from Plaintiff in pro per Aldon Bolanos (“Plaintiff”) to Defendants' Request for Production of Documents (“RFPD”), Sets One and Two, is 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 opposing counsel and advise him/her of Local Rule 1.06 and the Court's tentative ruling procedur...

Excerpt: ...(ROA 1.) Plaintiff alleges she and Defendant each own 50% of the real property and hold title as joint tenants. (Id., ¶¶ 12, 14.) Plaintiff and Defendant were deeded the property as joint tenants on September 22, 2016. (Id., ¶ 16.) Plaintiff has spent approximately $49,053 maintaining the property, while Defendant has failed to maintain his half. (Id., ¶¶ 17‐18.) Plaintiff desires to sell the property and Defendant has refused the request....

Excerpt: ...tion. Plaintiff appeared at oral argument, and the Court continued the matter to today's date. The Court directed Plaintiff to file an opposition by December 16, 2022. Plaintiff filed a "response" on December 16, 2022. Plaintiff's “response” is defective in a number of ways. First, Plaintiff failed to submit a declaration in support of his opposition. Instead, he submits unauthenticated exhibits. Defendant's objections to evidence are SUSTAIN...

Excerpt: ...ime of the request which of moving defendant's 34 Undisputed Material Facts, which of opposing plaintiff's 15 Additional Material Facts, and which of the parties' respective objections to evidence will be addressed at the hearing. The parties should be prepared to point to specific admissible 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....

Excerpt: ... against Defendant for dangerous condition of public property in connection with her injuries from sustained on the public sidewalk adjoining the 800 block of Plaza Avenue in Sacramento, California. The instant motion seeks summary judgment. The FAC alleges that “on or about December 2, 2018, Plaintiff [] was seriously injured on the sidewalk abutting 2501 Del Paso Boulevard while walking on the 800 block of Plaza Avenue in the City of Sacramen...

Excerpt: ...nd fraudulent misrepresentation, with a claim for intentional interference with contract being voluntarily dismissed. Plaintiff asserts that it specializes in recovering and supplying refrigerants, utilizing unique equipment which is either specially ordered or modified in a proprietary manner, and that while employed by plaintiff, defendant Meindersee made purchases through the former's password‐protected account but had the parts delivered to...

Excerpt: ...to the data recorder in Circle's vehicle, three and a half seconds before the collision, Circle was traveling 86 miles per hour.' The speed limit at the subject location is 40 miles per hour. At the same time that Circle was zooming down Coloma Road at more than double the speed limit, Defendant Adam Bills ("Bills") attempted a left turn from southbound Georgetown Drive onto eastbound Coloma Road. Bills testified he looked to his left before init...

Excerpt: ...ntative ruling to Plaintiff Dimario Pickford within 48 hours of receiving it. The hearing date shall automatically be continued one week plus one court day for oral argument. The continuance date will always be an appearance required hearing so that Plaintiff Dimario Pickford need not request oral argument. The Litigation Coordinator shall make Plaintiff Dimario Pickford available, by Zoom telephonically, at 9:00 a.m. on the date of the continued...

Excerpt: ... would "rent" the subject real property at 4476 Louvre Lane, Sacramento, CA from defendant by making all the mortgage payments and that when the house was sold the parties would share the proceeds. Plaintiff contends defendant breached the contract by failing to explain the increase in mortgage payments. Defendant contends that the contract cause of action fails to state facts sufficient to constitute a cause of action and is also uncertain. CCP ...

Excerpt: ...and negligent hiring, supervision and retention. Plaintiff alleges that she is an African American female and was employed as a Manager of Utilization Review. In December 2019, Plaintiff was informed that one of the employees under her leadership was acting belligerent and that her co‐workers were fearful. The employee, Irene Morrison (“Morrison”), is also an African American female. Plaintiff visited the worksite to observe Morrison and le...

Excerpt: ...l Hospital by a nurse. Plaintiff is a seventy‐two (72) year old man who was admitted to Mercy General Hospital in Sacramento in July 2020, after suffering a heart attack. (See Complaint at ¶ 8.) While in the hospital, post‐surgery, plaintiff was sexually assaulted by a nurse employed by Defendant Dignity. The nurse was employed at the time by Defendant Dignity. Plaintiff contends Dignity should have been aware of, and prevented, the assault ...

Excerpt: ...ing and the parties should be prepared to point to specific evidence which is claimed to show the existence or nonexistence of a triable issue of material fact. *** Defendants/Cross‐Complainants/Cross‐Defendants Stockton Blvd. Property LLC (“Stockton Blvd.”), Broadstone Land, LLC (“Broadstone”), and Tri Property Management Services, Inc. (“Tri Property”) (collectively “Moving Parties”) motion for summary adjudication is ruled ...

Excerpt: ...er”). Plaintiff alleges that in connection with the purchase, she received various warranties. During the warranty period, the Vehicle contained or developed various defects. NNA moves to compel arbitration pursuant to the Motor Vehicle Lease Agreement with Arbitration Clauss (“Lease”) which Plaintiff signed with the Dealer. NNA is not a signatory to the Lease. The arbitration provision provides: 1. EITHER YOU OR WE MAY CHOOSE TO HAVE ANY D...

Excerpt: ... with the plaintiff and that the debt is owed by Goodrum. Defendant contents the judgment must be set aside on the following grounds: (1) inadvertence, surprise, mistake, or excusable neglect; (2) service of summons did not result in actual notice; (3) judgment was obtained through fraud by the Plaintiff; (4) the relief sought is not supported by the allegations in the complaint; and (5) lack of jurisdiction due to fact that proof of service was ...

Excerpt: ...quired that any disputes arising out of the Lease or relationship arising out of the Lease shall be resolved by binding arbitration on an individual basis, if either party so elects. (Lease, Exhibit 2 to Decl. of Ali Ameripour ("Ameripour Decl.").) Defendant contends the arbitration provision in the Lease requires Plaintiff to arbitrate the claims against non‐signatories such as MBUSA, because Plaintiff asserts a claim that arises out of or rel...

Excerpt: ...s objections to evidence as they are immaterial to the Court's decision. Legal Standard In evaluating a motion for summary judgment or summary adjudication the Court engages in a three‐step process. First, the Court identifies the issues framed by the pleadings. The pleadings define the scope of the issues on a motion for summary judgment or summary adjudication. (FPI Dev. Inc. v. Nakashima (1991) 231 Cal.App.3d 367, 381‐382.) Because a motio...

Excerpt: ...ent for an indoor cannabis cultivation operation. (FACC, ¶¶ 11‐13.) AGS alleges it provides highly customized climate control systems which require design work. (FACC, ¶¶ 8 and 19.) AGS alleges Adel breached the contract by paying only 50% of the total contract price and failing to make the second installment payment due at the time of shipping. (FACC ¶¶ 17‐20.) In order to provide Adel an opportunity to pay the second and third install...

Excerpt: ...Superior Court (2008) 169 Cal.App.4th 744, 761.), Moreover, the Court notes Plaintiff cites to these decisions only as authority that a motion for summary adjudication for an interlocutory judgment in a partition action is procedurally proper. (See Memorandum, p. 4:2‐5.) As there is no contention that the instant motion is procedurally improper, the trial court decisions have no relevance to any issue currently in dispute. Defendant Khalid Yusu...

Excerpt: ...ss. First, the Court identifies the issues framed by the pleadings. The pleadings define the scope of the issues on a motion for summary judgment or summary adjudication. (FPI Dev. Inc. v. Nakashima (1991) 231 Cal.App.3d 367, 381‐ 382.) Because a motion for summary judgment or summary adjudication is limited to the issues raised by the pleadings (Lewis v. Chevron (2004) 119 Cal. App. 4th 690, 694), all evidence submitted in support of or in opp...

Excerpt: ...ontinental Financial Network, Baker Group, Kelbaker Inn, Shoshore Partners, Halloran Pros (collectively “Named Defendants”), and All Persons Unknown, Claiming Any Legal or Equitable Right, Title, Estate, Lien, or Interest in the Property Described in the Complaint Adverse to Plaintiffs Title, or Any Cloud on Plaintiffs Title Thereto (“Unknown Defendants”) by publishing the summons and complaint in the Sacramento Gazette, a newspaper of ge...

Excerpt: ... ("Defendant") and therefore whether the Court may properly consider this motion. On January 22, 2021 Defendant filed a notice of stay indicating this action has been automatically stayed as the result of Defendant's petition for bankruptcy pending before the United States Bankruptcy Court for the Eastern District of California. (ROA 66.) There is no formal indication in the record that the stay has been lifted. However, on September 21, 2021, ba...

Excerpt: ...Complaint (“FAC”).) Defendants are automobile dealerships. (FAC, ¶¶ 3‐4.) In August 2021, Plaintiff purchased the subject vehicle. (FAC, ¶ 9.) Plaintiff alleges the vehicle has a bad engine that needs to be replaced. (FAC, ¶¶ 12‐13.) Plaintiff alleges the salesman misrepresented the condition of the vehicle and expressly, falsely stated the engine was in great condition and did not need any mechanical attention. (FAC, ¶¶ 10‐11.) ...

Excerpt: ...gument 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‐represented incarcerated Plaintiff Delbert Smith's motion to “add ‘amendment to a complaint'” is granted. Plaintiff alleges that he was injured as an inmate porter at California State PrisonSacramento. His form complaint appears ...

Excerpt: ...fore the court, for settlement of the case, or part thereof, the court, upon motion, may enter judgment pursuant to the terms of the settlement. If requested by the parties, the court may retain jurisdiction over the parties to enforce the settlement until performance in full of the terms of the settlement." (CCP § 664.6(a).) Moreover, “a party moving for the entry of judgment pursuant to a settlement under Code of Civil Procedure section 664....

Excerpt: ...ghboring property owners. Plaintiffs initially filed this action on August 6, 2020 and included the following nine causes of action: (1) breach of contract; (2) fraud; (3) general negligence; (4) conversion; (5) adverse possession; (6) trespass; (7) invasion of privacy; (8) intentional infliction of emotional distress; and (9) breach of the implied covenant of good faith and fair dealing. Defendants filed a demurrer to the initial complaint on Ja...

Excerpt: ...t's premises located at 1402 O Street, Unit A. Plaintiffs' First Amended Complaint [“FAC”] alleges 12 causes of action concerning the habitability of the unit they rented. On August 3, 2022, the Court sustained without leave to amend Defendant's demurrer to Plaintiffs' eleventh cause of action for violation of Business and Professions Code §§ 17200 et seq. (ROA 48.) The instant motion seeks multiple alternative forms of relief regarding the...

Excerpt: ... 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. Plaintiff also failed to comply with California Rules of Court, rule 3.1350(g), which requires the evidence be separately bound in a single volume of evidence (including declarations) and have a table of content...

Excerpt: ...y, the Court combines its rulings on the demurrer and the motion to strike into this single tentative ruling. MEET AND CONFER OBLIGATIONS Code of Civil Procedure (“CCP”) section 430.41(a) requires a party seeking to file a demurrer to meet and confer “in person or by telephone” with the party who filed the pleading that is subject to demurrer for the purposes of determining whether an agreement can be reached that would resolve the object...

Excerpt: ...laintiff alleges that he is an African American male that was discriminated and retaliated against by the County while working in the Waste Management Department under the leadership of Nav Gill and Doug Sloan. Recently, Nav Gill has retired under scrutiny for his treatment of minorities. (Complaint, ¶ 1.) Plaintiff alleges that he was hired in January 2008 as a Sanitation Worker. In 2014, he was promoted to Landfill Equipment Operator (“LEO�...

Excerpt: ...on matters. *** Plaintiff's motion to compel Defendant Global Consortium Group, LLC's ("Defendant") further responses to form interrogatories is ruled upon as follows. The Court notes that Defendant's opposition does not appear in the Court's register of actions. Thus, Defendant did not file an opposition to the motion. Plaintiff, however, filed a reply to Defendant's opposition. Therefore, Defendant served its opposition on Plaintiff. Based on P...

Excerpt: ...the parties should be prepared to point to specific evidence which is claimed to show the existence or non‐ existence of a triable issue of material fact. *** Defendant California Department of Corrections and Rehabilitation's (“CDCR”) motion for summary judgment, or in the alternative, summary adjudication is ruled upon as follows. I. Overview This is FEHA employment retaliation action. Plaintiff Anthony Pennella (“Plaintiff”) alleges ...

Excerpt: ...e sale of 8 residential/investment properties in September 2015. Plaintiff alleges that Defendant Raymond Sahadeo (“Sahadeo”) was removed as a co‐manager of S360 for cause, and is currently a 50% member of S360. Plaintiff alleges that Sahadeo allegedly caused the 8 properties to be transferred to his father, Defendant Dhanraj Sahadeo (“Djanrah”). Dhanraj allegedly did not pay adequate consideration for the properties. Seven of the eight...

Excerpt: ... regarding a 2014 Chevrolet Cruze (“Vehicle”) which was manufactured and/or distributed by GM. Plaintiffs received an express warranty. Plaintiffs allege that during the warranty period defects arose with the cooling system. In October 2016, Plaintiffs presented the Vehicle to GM's authorized repair facility. They brought the Vehicle for repair another three times, with the last in August 2020. Plaintiffs allege that the statute of limitation...

Excerpt: ...ntative ruling to Plaintiff Dimario Pickford within 48 hours of receiving it. The hearing date shall automatically be continued one week plus one court day for oral argument. The continuance date will always be an appearance required hearing so that Plaintiff Dimario Pickford need not request oral argument. The Litigation Coordinator shall make Plaintiff Dimario Pickford available, by Zoom telephonically, at 9:00 a.m. on the date of the continued...

Excerpt: ...) against Cross‐Complainants and CrossDefendant alleging causes of action for (1) failure to register franchise, (2) unfair competition, (3) intentional misrepresentation, (4) negligent misrepresentation, and (5) declaratory relief. (See ROA 25.) Cross‐Complainants subsequently filed their crosscomplaint against Cross‐Defendant on September 25, 2020 with causes of action for (1) express contractual indemnity, (2) total implied indemnity, (3...

Excerpt: ... claims an interest. According to the initial complaint, Plaintiff agreed to purchase the subject property from Defendant in early 2010. (Complaint, ¶ 9.) Shortly thereafter, Plaintiff unsuccessfully attempted to obtain title insurance on the property. (Ibid.) Plaintiff also asked the Sacramento Police Department to inspect the property, who discovered that the property was not vacant as Defendant has assured Plaintiff but was occupied by severa...

Excerpt: ...nstruction, LP (“Webcor”) to build tennis courts at American River College in Sacramento. Plaintiff also hired Neil O. Anderson Associates, the predecessor to Defendant Terracon Consultants, Inc. (“Terracon”), to perform a geotechnical assessment of the ground where the tennis courts would be built. Webcor retained Cross‐ Defendant Duran & Venables (“D&V”) to perform the actual construction of the tennis courts. Webcor then hired Wa...

Excerpt: ...ntiff provides no explanation as to why his opposition was filed eight days late, and he has not requested relief to file a late opposition. Accordingly, the Court has not considered Plaintiff's untimely opposition. Background Plaintiff in pro per Martin Tejada (“Plaintiff”) filed this action on September 2, 2022 against Owner Defendant as well as Defendants Keith Seibert, Miguel Ruiz Gomez, and 92612 Dunes Lane, an Oregon Limited Liability C...

Excerpt: ...es between two individuals who were formerly in a romantic relationship and allegedly entered into an agreement to make equal financial contributions to the maintenance of the home in which they lived. Both Plaintiff and Defendant have since vacated the home and now rent it out. Plaintiff alleges that Defendant has since failed to provide her agreed upon share of the financial contributions to maintain the property. Moreover, Plaintiff alleges th...

Excerpt: ...tely of the tentative ruling system and the manner to request a hearing. If Nissan is unable to contact Plaintiff prior to hearing, Nissan is ordered to appear at the hearing. Nissan's request for judicial notice is granted. Plaintiff's request for judicial notice is granted. Plaintiff filed this lemon law action against Nissan on October 2, 2019, arising out of Plaintiff's purchase of a 2016 Nissan Titan (the “Subject Vehicle”) from Nissan o...

Excerpt: ... 813 6th Street, Sacramento, California 95814. Plaintiff shall notify defendant Jamaree Mitchell (“Defendant”) immediately. The notice of motion does not provide notice of the Court's tentative ruling system, as required by Local Rule 1.06. Plaintiff is directed to contact Defendant and advise of Local Rule 1.06 and the Court's tentative ruling procedure and the manner to request a hearing. If Plaintiff is unable to contact Defendant prior to...

Excerpt: ...urt, and hereby does move this Court, for Summary Judgment pursuant to California Code of Civil Procedure Section 437(c), or in the alternative, Summary Adjudication pursuant to California Code of Civil Procedure Section 437(f).” (Notice at 2:3‐6.) While Plaintiff does not set forth with precision the grounds upon which this motion is made, it can be deciphered from Plaintiff's moving papers that the basis for the motion is that Plaintiff can...

Excerpt: ...s and whether, as alleged, Samuel Fong (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. In this omnibus motion, Defendant argues Plaintiff failed to timely serve responses to his form interrogatories, requests for admission, special interrogatories, ...

Excerpt: ...ument indicating Plaintiff had voluntarily separated from his position because he was “Dissatisfied with work and company,” despite Plaintiff making clear he resigned for his “health and wellbeing/safety.” The Court sustained Defendant's demurrer to the complaint on September 22, 2022 and Plaintiff filed a first amended complaint on October 6, 2022 alleging the same three causes of action. On September 14, 2022, Plaintiff filed the instan...

Excerpt: ... for judicial notice shows that Plaintiff's request for admissions to Defendant Donald Bieneman were deemed admitted on July 7, 2022. 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)...

Excerpt: ...ether a proposed settlement in a class action is fair. (Rebney v. Wells Fargo Bank (1990) 220 Cal. App.3d 1117, 1138.) The law favors settlement, particularly in class actions and other complex cases where substantial resources can be conserved by avoiding the time, cost, and rigors of formal litigation. (See Newberg on Class Actions 4th (4th ed. 2002) § 11.41 (and cases cited therein); Class Plaintiffs v. City of Seattle (9th Cir. 1992) 955 F.2...

Excerpt: ...of action for violation of the Song‐Beverly Act and a fifth cause of action for fraudulent inducement ‐ concealment. Defendant demurs to the fifth cause of action on grounds it is barred by the economic loss doctrine and fails to state facts sufficient to constitute a cause of action. Plaintiffs oppose the demurrer. Economic Loss Doctrine “In general, there is no recovery in tort for negligently inflicted ‘purely economic losses,' meaning...

Excerpt: ...gages in a three‐step process. First, the Court identifies the issues framed by the pleadings. The pleadings define the scope of the issues on a motion for summary judgment or summary adjudication. (FPI Dev. Inc. v. Nakashima (1991) 231 Cal.App.3d 367, 381‐382.) Because a motion for summary judgment or summary adjudication is limited to the issues raised by the pleadings (Lewis v. Chevron (2004) 119 Cal. App. 4th 690, 694), all evidence submi...

Excerpt: ...g from Plaintiff's purchase of a 2011 Chrysler Town & Country vehicle (the “Vehicle”) manufactured by FCA. Defendants move for judgment on the pleadings as to the first cause of action for violation of Civil Code § 1793.2(d), the fourth cause of action for breach of express warranty, the fifth cause of action for breach of the implied warranty of merchantability, the sixth cause of action for fraud, and the seventh cause of action for neglig...

Excerpt: ...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. The notice of motion also does not comply with Code of Civil Procedure §1010 or CRC Rule 3.1110(a). Factual Background Thi...

Excerpt: ...nable to contact opposing counsel prior to hearing, moving counsel is ordered to appear at the hearing by Zoom or by telephone. Defendant Rushmore Loan Management Services, LLC's (“RLMS”) motion for summary judgment or alternatively, for summary adjudication of the eight (8) individual causes of action alleged in plaintiff Cisneros' operative Second Amended Complaint (“2AC”) is ruled upon as follows. *** If oral argument is requested, the...

Excerpt: ...ies when the memorandum exceeds 10 pages. None of the exhibits identified in the Esparza Declaration (including the relevant Traffic Collision Report) was actually attached to the declaration. Both moving and opposing counsel failed to comply with CRC Rule 3.1110(b)(3). Factual Background This action arises out of a motor vehicle/bicycle accident occurring on 9/21/2021 in Sacramento. In November 2021 plaintiff's counsel requested a copy of the Tr...

Excerpt: ...essed 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 the caption page for all papers filed and served in this action should reflect the caption found on the original complaint filed on 8/20/2020 regardless of the addition or dismissal of parties. The Court also notes that the 3AC does not comply with CRC Rule 2.112(4), requirin...

Excerpt: ...hat Defendant drove at an unsafe speed and was inattentive which caused the subject accident. (FAC p. 5 ¶ GN‐1.) Plaintiffs request punitive damages. Defendant moves to strike the request for punitive damages on the basis that Plaintiffs failed to properly allege an entitlement to such damages. A motion to strike is appropriate to strike out any irrelevant, false or improper matter asserted in any pleading and the Court may strike out all or a...

Excerpt: ...summons and complaint were served on “Marie Alvarez, Co‐occupant, White, Female, 40 Years Old, Brown Hair, 5 Feet Inches, 140 Pounds” at 3741 Y Street Sacramento, CA 95817. Defendant moves for relief from default pursuant to CCP §§ 473.5, 473(b) and 1788.61. The motion based on all three statutes is untimely. A motion pursuant to CCP §473.5 must be filed “within a reasonable time, but in no event exceeding the earlier of: (i) two years...

Excerpt: ...ers. *** Defendant Gursimrat Sekhon's (“Defendant”) motion to compel Plaintiff Vrinder Grewal's (“Plaintiff”) further responses to special interrogatory nos. 16 and 28 is ruled upon as follows. The Court need not rule on Defendant's request for judicial notice since it was not material to the Court's disposition of this motion. This is a personal injury action based on Defendant's alleged assault and battery on Plaintiff. Plaintiff, a doc...