Excerpt: ...s of action for imposition of a constructive trust, quiet title, unjust enrichment, declaratory relief, "fraud" and conversion. Plaintiff and defendant Garibay are married but are currently in the process of a marital dissolution in the Sacramento Superior Court's Family Law Division. The essence of this action is that in violation of a Family Law Judge's order deeming the subject residence to be a community property asset and prohibiting its sal...

Excerpt: ...istance of her appointed counsel, Defendant Karri Iyama ("lyama"), who worked as a public defender for Defendant Sacramento County Public Defender's Office ("SCPDO"). (Complaint, "1 1-3.) Specifically, in September of 2020, Plaintiff resided at a facility in Sacramento called "All Love Transitional Living." (Complaint, '1 10.) A fire was reported at the facility, and fire investigator Paul Tualla responded and determined that the fire was arson. ...

Excerpt: ...insurance bad faith action, which arises out of an underlying auto versus 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...

Excerpt: ... was employed as a detox counselor by Defendant for approximately one year. Plaintiff alleges that on August 8, 2017 she was helping with the admission of a drug and alcohol abuse client and checked the client's purse in accordance with Defendant's standard operating procedure to ensure no drugs or alcohol were brought on the premises. Plaintiff alleges she cut her finger on a soiled razor belonging to a high risk client and reported the incident...

Excerpt: ...d into by Tragopan, as Landlord, and Plaintiffs, as Tenants to rent residential property located at 8083 Bucks Harbor Way in Sacramento, California (the "Lease Agreement"). (IAC Exh. A.) Generally, Plaintiffs allege the home was in disrepair upon move in and that after a sewage backup occurred in the downstairs bathroom toilet on June 13, 2022, the home became a health hazard requiring remediation and repair. Plaintiffs filed their Complaint on A...

Excerpt: ...oted in the October 19, 2022, ruling, "the dismissal filed by plaintiff was effective upon filing, and the trial court lacked jurisdiction to rule on defendants' ant-SLAPP motion (Code Civ. Proc., S 425.16). The Court also noted that despite the dismissal, it retained jurisdiction to entertain the merits of the anti- SLAPP motion in connection with determining whether Defendants are the preva-ling party and thus entitled to attorneys' fees pursua...

Excerpt: ...er 7, 2022 order on the basis that new and different facts in the form of a November 11, 2022 real estate appraisal showed a decrease in the subject property's value and also that "Mr. Cooper" which is the brand name for Natonstar Mortgage, LLC, has priority over Plaintiffs' judgment lien. "When an application for an order has been made to a judge, or to a court, and refused in whole or in part, or granted, or granted conditionally, or on terms, ...

Excerpt: ...three state prisons. Plaintiff alleges that it subcontracted with Vistam to provide electrical services at several of the CDCR's facilities and that Vistam failed to pay as agreed. Plaintiff alleges breach of contract (written and oral) causes of action against Vistam in addition to various common counts, stop notice causes of action and a cause of action for failure to provide a bond. Vistam moves for summary adjudication as to Plaintiff's first...

Excerpt: ...end in part. The notice of motion does not provide notce of the Court's tentative ruling system, as required by Local Rule 1.06. Cross-Defendant's 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 Cross-Defendant's counsel is unable to contact opposing counsel prior to hearing, Cross-Defendant's counsel is ordered to appear at th...

Excerpt: ...unsel is ordered to notify Plaintiff's counsel immediately of the tentative ruling system and to be available at the hearing, via Zoom or by telephone, in the event Plaintiff's counsel ap#ars without following the procedures set forth in Local Rule 1.06(8). Harbor Distributing, LLC's ("Harim Objections to Declaration of Kevin McGee: Objection No. 1 to '1 3, on grounds of secondary evidence rule; misstates evidence and improper legal opinion: OVER...

Excerpt: ...ed her brief 1.5 page opposition. In this action, Plaintiff alleges that she was rear-ended by a vehicle driven by Defendant. At issue on the instant motion are Defendant's responses to Plaintiff's special interrogatories nos. 2-6, and 8- 11. These straightforward contention interrogatories ask whether Defendant's driving was a substantial factor in causing Plaintiff's injuries, whether Defendant was responsible for the crash, whether Defendant w...

Excerpt: ...ed the incorrect address in its notice of motion. The correct address for Departments 53 and 54 of the Sacramento County Superior Court is 813 6th Street, Sacramento, California 95814. Plaintiff shall notify Defendant immediately. Defendant filed an untimely opposition on Monday, February 27, 2023, rather than Friday, February 24, 2023, as required under CCP S 1005. The Court has reluctantly considered the untimely opposition, but Defendant is ad...

Excerpt: ... Baker, et al. are members of Suisun 355. In their first amended complaint ("FAC"), Plaintiffs allege causes of action for (1) inspection of company's records; (2) accounting; (3) breach of fiduciary duty; (4) unjust enrichment; and (5) aiding and abetting breach of fiduciary duty. Plaintiffs allege that Defendant breached a breach of fiduciary duty and loyalty to Suisun 355 by failing to provide members access to books and records, failed to rep...

Excerpt: ... to request a hearing. If Ojeda's counsel is unable to contact Plaintiffs prior to hearing, Ojeda's counsel is ordered to appear at the hearing. Factual and Procedural Background This actons arises out of a transit bus incident that occurred on November 29, 2017. Plaintiffs Tinki Castillo, as guardian ad litem for Tariq Castillo ("Plaintiffs") filed the Complaint on June 20, 2018, against defendant Sacramento Regional Transit District ("SacRT") a...

Excerpt: ...208, Plaintiff filed a lawsuit in the United States District Court, Eastern District of California, Case No. 2:18-cv-02048- JAM-DB. Therein, Plaintiff asserted various federal and state law claims against Defendants. (Mastorakos Decl. 3, Exh. A.) On March 12, 2020, Defendants filed a motion for summary judgment. (Mastorakos Decl. '1 4.) While the summary judgment motion was pending, the parties stipulated to dismiss, in pertinent part, Plaintiff'...

Excerpt: ..., 2022, at the request of Petitioner based on Petitioner's representation that he had been unsuccessful in serving Respondents with the petition. (See ROA 13, 17.) On September 20, 2022, the Court continued the hearing to October 25, 2022 at Petitioners request based on his ongoing difficulties serving (ROA 22.) On October 25, 2022, the Court again continued the hearing to December 6, 2022. (ROA 26.) On December 6, 2022, the Court continued the h...

Excerpt: ...appear on Zoom telephonically, call (833) 568-8864 and enter the Zoom ID: 16146506749. Defendant Jason Kenneth Miller's (“Defendant”) demurrer to incarcerated plaintiff in pro per Eduard Kamilchu's (“Plaintiff”) Complaint is UNOPPOSED and ruled upon as follows. Defendant's request for judicial notice is granted as to the Complaint, Summons, and Proof of Service of Summons filed in this action. Defendant's request for judicial notice is de...

Excerpt: ...al Background This action arises from an incident occurring at California State Prison, Sacramento in February 2019. Plaintiff alleges he was ordered to prepare for transfer to a different facility and when he attempted to explain the transfer was “improper,” the correctional officers assaulted him with “a corrosive burning agent.” The officers then attempted to extract plaintiff from his cell by force, using various implements. Plaintiff...

Excerpt: ...utrix of the Estate of Lloyd Bagnell; (4) Global Capital Concepts, Inc.; and (5) “all persons unknown claiming any legal or equitable right, title, estate, lien or interest in the property described in the complaint adverse to plaintiff's title, or any cloud upon plaintiff's title thereto.” According to the FAC, the subject real property commonly known as 9348 Golden Gate Avenue, Orangevale, CA 95662 was previously owned by Defendants Lloyd a...

Excerpt: ...ng that “all papers opposing a motion and all reply papers shall be served by personal delivery, facsimile transmission, express mail, or other means… reasonably calculated to ensure delivery to the other party or parties not later than the close of the next business day.” (Underline added for emphasis.) The proof of service attached to the opposition papers fails to comply with Code of Civil Procedure §1013a, requiring the “exact title�...

Excerpt: ...n for judgment on the pleadings as to Plaintiff's initial complaint is unopposed and granted. Allegations in FAC This is a breach of contract action involving a sale of a residence. Plaintiff entered into a written contract to purchase certain real property in Elk Grove from Defendant IMC Enterprise, Inc. (“IMC”). Inessa served as the real estate agent for IMC in the sale. Inessa is also the sole shareholder and alter ego of IMC. (FAC, ¶ 14....

Excerpt: ...d granted. Defendant's counsel is admonished for failing to comply with CRC Rule 3.1110(f)(4). Exhibits must be separated by hard paper or plastic tabs that extend below the page. Background This is a personal injury action in which Plaintiff alleges that he was injured while being transported by the Sacramento County Sheriff's Department to Kaiser for a mental evaluation because the Sheriff's Deputy operating the transport vehicle failed to prop...

Excerpt: ...le 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. Background This is a lemon law action. On November 18, 2017, Plaintiff purchased a 2018 Dodge Charger manufactured by ...

Excerpt: ...d an express agreement to serve documents electronically, it is apparent that the parties regularly served documents electronically, including Defendants' opposition to the motion. (See Wright Decl. ISO Reply, ¶ 2, Exh. 6.) Further, Defendants' assertion that Plaintiffs were required to serve the motion five days earlier is incorrect. A document served electronically is deemed to have been served at the time it is sent. (CCP § 1010.6(a) (3), (4...

Excerpt: .... The Clinic has filed a concurrent application for writ of attachment against Dr. Smith, which presents the same arguments and evidence presented by Mr. Patel in his application. As a result, the Court is addressing both applications in this single ruling. Dr. Smith has opposed. Factual and Procedural Background This action arises from a business dispute in connection with Dr. Smith's sale of his medical clinic to Mr. Patel. Plaintiffs Dr. Smith...

Excerpt: ...ise 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 plaintiff prior to hearing, moving counsel is ordered to appear at the hearing. This action arises from an Agreement for Purchase of Recyclables pursuant to which defendant the City of Sacramento (the “City”) sells recyclable materials to USA Waste for resale into the recycling commodities market. USA W...

Excerpt: ... fact of their existence, not the truth of their contents. (Herrera v. Deutsche Bank Nat'l Trust Co. (2011) 196 Cal.App.4th 1366, 1375.) This action arises out of an underground electric line on Plaintiff's property that provides power to a park owned by the City of Sacramento, Johnston Park. In March of 2019, Plaintiff requested SMUD remove the line. When SMUD did not comply with Plaintiff's request, Plaintiff filed this action on October 11, 20...

Excerpt: ...t against Defendants City and County of Sacramento alleging a cause of action for premises liability, specifically, dangerous condition of public property. Plaintiff alleged that she was injured when she slipped and fell near the security checkpoint at the Sacramento International Airport. Plaintiff alleged that the claim was brought pursuant to Government Code §§ 815.2 and 835. Plaintiff added Defendant as Doe 1 on July 15, 2022. A demurrer �...

Excerpt: ...ered to notify Defendants' counsel immediately of the tentative ruling system and the manner to request a hearing. If Plaintiffs' counsel is unable to contact Defendants' counsel prior to hearing, Plaintiffs' counsel is ordered to appear at the hearing in person or remotely (telephonically or by video conference via Zoom). Plaintiffs filed this action on August 22, 2019, seeking recovery of their statutory wages earned working on California publi...

Excerpt: ...tively, “Defendants”) 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 Defendants prior to hearing, Plaintiff is ordered to appear at the hearing. California Code of Civil Procedure § 664.6 provides: “If parties to pending litigation stipulate, in a writing signed by the parties outside the presence of the court or orally before the court, for se...

Excerpt: ...ction arises from the death of Christine Patton (“Decedent”), an 82-year-old hospice resident of a residential care facility for the elderly owned and/or operated by Defendants. Decedent sustained an injury at the facility on September 20, 2017, and subsequently died. The original complaint was filed in this matter by Decedent's daughters, Plaintiffs Valerie Sikich, Vicki Vankeuren, and Sheila Kinross ("Plaintiffs"), on August 27, 2018. Plain...

Excerpt: ...ackground This elder abuse action was initiated on August 7, 2018, with the filing of the original complaint by Plaintiffs Glenda C. Perry, by and through her successor-in-interest, Dennis E. Perry, Dennis E. Perry individually, and William M. Perry, David E. Perry, and Judith C. Ducioame, all individually. For the sake of clarity, the Court sometimes will refer to the plaintiffs by their first names. Glenda is the “elder” whose alleged abuse...

Excerpt: ...onstrate that the challenged settlement is not in good faith. In this personal injury action, Plaintiff Melanie Czoberek alleged two separate instances of slip and fall. In the first, she alleged that she was injured when she fell after her foot got caught on a piece of rebar in the parking lot of the apartment complex owned by Burnet. She alleged that two days later, she was at DHMF facility for an assessment for the injuries suffered in the par...

Excerpt: ...to CCP § 583.250 for failure to serve the summons and complaint within three years. The Court will address the motion to dismiss pursuant to CCP § 583.360 first as it is dispositive. “[A]n action shall be brought to trial within five years after the action is commenced against the defendant.” (CCP § 583.310.) “[A]n action shall be dismissed…after notice to the parties, if the action is not brought to trial within the time prescribed in...

Excerpt: ... bring the instant motion to extent the five year statute in CCP § 583.310 to encompass the current July 2, 2024 trial date. As seen below, the Court will deny the motion to extend the five year statute without prejudice. Further, any motion for trial setting preference shall be directed to the Presiding Judge. “[A]n action shall be brought to trial within five years after the action is commenced against the defendant.” (CCP § 583.310.) “...

Excerpt: ...retion, the Court considers the opposition. Plaintiff filed the instant complaint against Defendant arising from her purchase of a 2022 Nissan Frontier (the “Vehicle”) from Nissan of Elk Grove. Plaintiff alleges that the vehicle contains defects. Plaintiff alleges causes of action against Defendant for breach of warranties under the Song-Beverly Act. Plaintiff alleges she received various warranties from Defendant in connection with the purch...

Excerpt: ...taliation, age discrimination, and failure to correct retaliation and discrimination all under FEHA, and defamation. Plaintiff alleges he was terminated as Area Manager for Defendant after 30 years of employment at the age of 59 after he complained of harassment against his manager, Vice President Randy Billingsly (“Mr. Billingsly”). Plaintiff contends Defendant's articulated business reason for his termination included the claim that four em...

Excerpt: ...Jerome F. Lipp, JFL LLC, and Re ReduX LLC's (collectively "Defendants") demurrer to Plaintiffs Saied Kian and Maria Kian's (collectively "Plaintiffs") first amended complaint (“FAC”) is ruled upon as follows. As an initial matter, the Court observes that the parties met and conferred via written correspondence. CCP § 430.41(a), however, provides that the parties are required to meet and confer "in person or by telephone" prior to filing the ...

Excerpt: ...ntiff while Plaintiff was employed by DWR. DWR demurs to each of Plaintiff's 13 causes of action in the FAC. Plaintiff filed a late opposition to the demurrer. Nonetheless, the Court exercises its discretion to consider the opposition. Legal Standard The function of a demurrer is to test the sufficiency of the pleading it challenges by raising questions of law. (Salimi v. State Comp. Ins. Fund (1997) 54 Cal.App.4th 216, 219; Nordlinger v. Lynch (...

Excerpt: ...f into renting the property by making misrepresentations regarding the address of the property and the fact that the lease included an attached studio apartment, after which the Defendants rented the property to another individual, which has interfered with Plaintiff's enjoyment of the property. (See Complaint.) Defendants now bring this demurrer to the second, sixth, seventh and eighth causes of action. Legal Standard The function of a demurrer ...

Excerpt: ...ts demur to the entire complaint on grounds it fails to state facts sufficient to constitute a cause of action because it is barred by the statute of limitations. A demurrer based on the statute of limitations is proper where it appears from the face of the complaint that the action is time-barred. (Alexander v. Exxon Mobil (2013) 219 Cal.App.4th 1236, 1262.) Defendants argue the complaint asserts a cause of action for personal injuries and that ...

Excerpt: ...Jerome F. Lipp, JFL LLC, and Re ReduX LLC's (collectively "Defendants") demurrer to Plaintiffs Saied Kian and Maria Kian's (collectively "Plaintiffs") first amended complaint (“FAC”) is ruled upon as follows. As an initial matter, the Court observes that the parties met and conferred via written correspondence. CCP § 430.41(a), however, provides that the parties are required to meet and confer "in person or by telephone" prior to filing the ...

Excerpt: ...factured by FCA. Plaintiff moves for an order compelling FCA to provide further responses to certain RFPs under Code of Civil Proc. § 2031.310 and, where FCA indicated it would produce documents, for an order compelling FCA to produce documents in compliance. FCA opposes the motion on grounds it either fully complied with the RFPs or properly objected to the same. The moving papers and separate statements suggest the parties largely disagree con...

Excerpt: ...ons that the County filed improper Notices of Pending Enforcement Actions (“NOPEAs”) against real property owned by Plaintiffs NKS Real Estate Holdings, Inc., Nabil Samaan (“Samaan”), and Orlando Meza (“Plaintiffs”) in retaliation for a prior lawsuit against the County and for the purpose of extorting Plaintiffs. The TAC also alleges the County has failed to comply with statutory requirements for filing such NOPEAs. Allred is the Coun...

Excerpt: ...specific evidence which is claimed to show the existence or non-existence of a triable issue of material fact. *** Defendant Hippo Analytics, Inc.'s (“Defendant”) motion for summary judgment, or in the alternative, summary adjudication is ruled upon as follows. Overview This is an insurance breach of contract and bad faith action. Plaintiff Gary Hanaway (“Plaintiff”) alleges that he is a senior citizen and disabled person within the meani...

Excerpt: ...onal Infliction of Emotional Distress. Plaintiff alleges that she was employed with Defendant California Department of Social Services (“CDSS”) as a Disability Evaluation Analyst III. She alleges that on November 6, 2019, co-defendant Raj Dosanjh (“Dosanjh”) sexually assaulted her when he blocked her in her cubicle, forcefully pressed his body up against her entire body, groped her, and tried to kiss her. Plaintiff was crying and pushed h...

Excerpt: ...motion to strike portions of the complaint. (ROA 13 and 15.) The Court sustained the demurrer and granted the motion to strike, with leave to amend. (ROA 31-32.) Plaintiff timely filed an amended complaint. (ROA 33.) On January 6, 2023 Defendant filed the instant special motion to strike the amended complaint pursuant to Code of Civil Procedure § 425.16. A special motion to strike “may be filed within 60 days of the service of the complaint or...

Excerpt: ...for production of documents. (ROA 43 and 45.) The orders directed Plaintiff to provide responses by November 17, 2022. (Ibid.) As Plaintiff did not oppose the motions, the Court did not award sanctions. (Ibid.) Plaintiff did not provide responses and has not communicated with Defendant regarding the delinquent responses. (Low Decl., ¶¶ 6-7.) As a result of Plaintiff's failure to comply with the order compelling discovery responses, Defendant no...

Excerpt: ...ncorporates that discussion into this ruling. Additional background is provided in this ruling for context. Although Jay's Mobile is a sole proprietorship and thus legally indistinct from Bryant, Plaintiff's complaint specifically names Jay's Mobile and Bryant as defendants to the breach of fiduciary duty cause of action. Moreover, the present motion to strike has been brought only by Jay's Mobile. Via this motion, Jay's Mobile seeks to strike pa...

Excerpt: ... Employment and Housing Act (“FEHA”); (2) age discrimination under FEHA; (3) failure to correct under FEHA; and (4) defamation. Plaintiff alleges that he was employed by Defendant for over 30 years and ultimately reached the position of Area Manager. However, on March 22, 2019, Plaintiff complained of discrimination, bullying, and harassment by Defendant's Vice President Randy Billingsly. Plaintiff alleges that the harassment and discriminati...