Excerpt: ...eding with a trustee's sale of Plaintiff's residence pending the hearing on the OSC. Opposition was to be filed by March 19, 2021. Defendant 2nd Chance filed an opposition in connection with the March 11, 2021 ex parte hearing and the Court therefore construes that opposition to apply here. In the operative complaint Plaintiff alleges causes of action for (1) Violation of the Truth in Lending Act; (2) Unfair Business & Professions Code § 17200; ...

Excerpt: ...20 in Department 54 but was continued to February 10, 2021 at Plaintiff Stella Altraide's request. Judge Krueger then recused himself from this matter on January 27, 2021, which resulted in this matter being transferred to this department and re‐set for hearing on today's date. Plaintiff's Opposition papers failed to comply with the Court's 2/10/21 order requiring leave of Court for additional briefing. Nevertheless, the Court considered all of...

Excerpt: ...ndant. (Complaint, page 3.) Plaintiff alleges that "[d]ue to Mr. Cheema's intoxication level, he entered the freeway travelling in the wrong direction." Plaintiff further alleges that "[a]s a result, Mr. Cheema collided with the front of Mr. Mathews' vehicle" and that "Mr. Cheema was driving with a suspended license for a prior DUI charge." (Complaint, GN‐1, page 4.) Plaintiff seeks an award of punitive damages. Defendant moves to strike paragr...

Excerpt: ...ate of California (“Plaintiff”), Ferguson, Otto, and Luppen is in good faith is UNOPPOSED and GRANTED. This action involves allegations of construction defects and related damages to Office Building 10, which is owned by Plaintiff and located at 721 Capitol Mall in Sacramento, CA (hereinafter, the "Subject Property"). In November of 2005, Plaintiff entered into a written contract with general contractor, Otto, to renovate the Subject Property...

Excerpt: ...alez (“Plaintiff”) was an employee of M.F. Maher, Inc., a subcontractor hired by RGW. F&H was the general contractor hired for the design, construction, and completion of the project. Plaintiff filed his complaint on December 20, 2017, alleging negligence and premises liability against F&H. (ROA 1.) RGW was added as DOE 1 on April 9, 2018. (ROA 17.) F&H filed a Cross‐Complaint against RGW on February 15, 2018, alleging the following eight c...

Excerpt: .../harassment against her supervisor Kendall. Plaintiff issued a deposition notice for SMUD's Person Most Qualified (“PMQ”) with the deposition originally set to occur on March 3, 2021. The deposition notice sought a PMQ on the following topics: (1) All Complaints concerning race discrimination and any and all resulting investigations for 2015‐2019 referred to in Exhibit A; (2) All Complaints concerning gender discrimination and any all resul...

Excerpt: ...egitimate business reason as alleged in its fifth affirmative defense; (2) an order requiring Dignity to serve Plaintiff with the iVOS reports it improperly withheld; (3) an order that at Dignity's expense Plaintiff's forensic expert be granted reasonable access to Dignity's system to search for all emails from January 1, 2019 through February 15, 2019 by and between Plaintiff, Tina Randolph, Cecilia Sandoval, Karen Buckley, Kathleen Stedman and ...

Excerpt: ...himself and the other plaintiffs. Plaintiffs have two pending wrongful death/medical malpractice cases pending in the Los Angeles County Superior Court related to the death of Darrell Norried. In this action plaintiffs seek declaratory relief in the form of a declaration that the provisions of the Medical Injury Compensation Reform Act (“MICRA”) capping noneconomic damages at $250,000 and limiting contingency attorney fees violate the Califor...

Excerpt: ... breach of the covenant of good faith and fair dealing, intentional misrepresentation, negligent misrepresentation, and unjust enrichment against Defendant Vicky Nichole Ark, Vladimir Akhramenko, Dennis Akhramenko and Viva Management. Plaintiff alleges that he rented a residence from defendant Vicky Ark for $2,200 per month. (Comp. ¶¶ 18‐19.) Plaintiff alleges that starting in October 2019, during her monthly, in‐person pick‐ups of the mo...

Excerpt: ...Local Rule 1.06. Moving counsel is directed to contact Plaintiffs' counsel and advise counsel 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 Plaintiffs' counsel prior to hearing, moving counsel is ordered to appear at the hearing via Zoom or by telephone. Plaintiffs' request for judicial notice of orders in other cases in federal district court actions and ...

Excerpt: ...ies Plaintiff alleges he sustained suffered when a lithium‐ion 18650 battery exploded in Plaintiff's pocket. Plaintiff alleges the subject battery was manufactured and placed into the stream of commerce by LG Chem Korea and ultimately sold to Plaintiff by Defendant Coloma Smoke Shack and placed into an “ecigarette.” Plaintiff brought suit against LGCAI based on it being a United States distributor of LG Chem, Ltd.'s lithium‐ion 18650 batt...

Excerpt: ...nue, Citrus Heights, CA 95610. (ROA 8.) Default and default judgment were then entered against Defendant on June 26, 2013. (ROAs 12, 13.) An Abstract of Judgment was entered on September 1, 2016. (ROA 18.) Defendant now moves to quash service of summons and set aside the default and default judgment entered against her on the grounds that she was not served with the Summons and Complaint. Defendant moves pursuant to various code sections, includi...

Excerpt: ...003326, and the complaint in this action is granted. In taking judicial notice of these documents, the court accepts the fact of their existence, not the truth of their contents. (See Professional Engineers v. Dep't of Transp. (1997) 15 Cal.4th 543, 590 [judicial notice of findings of fact does not mean that those findings of fact are true]; Steed v. Department of Consumer Affairs (2012) 204 Cal.App.4th 112, 120‐121 [“[W]hile the existence of...

Excerpt: ...tionally misled to believe the bedding was 20% off. Plaintiff filed his original Complaint on November 2, 2020. (ROA 1.) Defendant moved to strike certain portions of the Complaint, including Plaintiff's claims for punitive damages. On February 2, 2021, the Court granted with leave to amend Defendant's motion to strike as to punitive damages on the ground the allegations were conclusory and insufficient to support such a claim; the remainder of t...

Excerpt: ...st Theis and Andreas Rodriguez alleging causes of action for fraud, breach of Tillman LLC's Operating Agreement, breach of a verbal lease, breach of fiduciary duty, accounting, conversion, and more. The thrust of the complaint involves a business dispute regarding the operation of Tillman LLC and allegations that Theis failed to make capital contributions, led Batchelor to believe he was gainfully employed and had resources available so that Batc...

Excerpt: ...cramento and pay Plaintiff $30,000, plus half the equity. A copy of the deed to the property attached to the Complaint shows that only Defendant is on title. (ROA 1.) Plaintiff recorded a Notice of Pendency of Action on June 8, 2020, Document No. 202006080156, and recorded a second Notice of Pendency of Action Pursuant to CCP § 405.20 on December 9, 2020, Document No. 202012090709. Plaintiff has not filed a copy of the first notice with the Cour...

Excerpt: ...posing counsel at the time of the request which of moving party's 41 Undisputed Material Facts, which of opposing party's 37 Additional Material Facts and/or which objections to evidence will be addressed at the hearing and the parties should be prepared to point to specific evidence which is claimed to show the existence or non‐existence of a triable issue of material fact. *** Moving counsel failed to comply with CRC Rule 3.1350(g), which req...

Excerpt: ...ply, the Court will entertain a request to continue the hearing on the demurrer. Defendants' request for judicial notice is granted. (See Poseidon Devel., Inc. v. Woodland Lane Estates, LLC (2007) 152 Cal.App.4th 1106, 1117‐18; see also Stratford Irrig. Dist. 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 ...

Excerpt: ...es of action that will be addressed at the hearing. Counsel are also reminded that pursuant to local rules, only limited oral argument is permitted on law and motion matters. *** Factual Background In March 2019 District issued Request for Proposal 19:04 (“RFP”) which sought written proposals for providing District with “Advanced Life Support Ambulance Services” for a period of three years. The RFP states that the “start date for the re...

Excerpt: ...y of the specific document requests that will be addressed at the hearing. The parties are also reminded that pursuant to local rules, only limited oral argument is permitted on law and motion matters. *** Factual Background This action arises from a motor vehicle accident involving two semi‐trucks in April 2017. Plaintiff's complaint alleges a single cause of action against defendant Rai and defendant Dharminder but the latter was voluntarily ...

Excerpt: ...��end vehicle collision that occurred on February 1, 2016. Plaintiff Richard Martinez was the passenger in a truck tractor pulling a FedEx trailer. At that time, a USA Waste Management ("WM") garbage truck rear ended the FedEx trailer and truck and plaintiff was injured. Perry Roll was identified in discovery as the Director of Fleet Management, a person most knowledgeable as to the repair of the WM vehicle. (Declaration of Owen) Plaintiff set th...

Excerpt: ...nt infliction of emotional distress, violation of Patients' Bill of Rights, and wrongful death, related to the care of decedent Gerard Follettie. The deposition notice seeks the following information about defendant's employees, unlimited as to time. 1. Any and all PERSONNEL FILES (for purposes of this notice "PERSONNEL FILE" means the employee's initial application, all performance evaluations, training records, disciplinary records, write‐ups...

Excerpt: ...the specific discovery requests that will be addressed at the hearing. The parties are also reminded that pursuant to local rules, only limited oral argument is permitted on law and motion matters. *** The notice of motion does not provide notice of the Court's tentative ruling system, as required by Local Rule 1.06, and does not provide the correct department for the hearing on this motion. Moving counsel is directed to contact opposing counsel ...

Excerpt: ... in an appeal. Plaintiffs request leave to file a FAC to allege a cause of action for constructive fraud and to add a claim for punitive damages against both defendants to Plaintiffs' prayer for relief. Plaintiffs also seek to add factual allegations that defendants concealed that the handling attorney with exclusive responsibility for Plaintiffs' underlying appeal was not competent to practice law under the Rules of Professional Conduct due to s...

Excerpt: .... A default judgment for nearly $44,000 plus costs was entered against both defendants on 8/29/2018. About a year later, plaintiff applied for an order to examine the two debtors and this examination occurred on 9/13/2019. Several months later the two defendants filed on 12/31/2019 a motion to set aside default and default judgment, which was set to be heard on 1/30/2020. This motion sought relief pursuant to Code of Civil Procedure §473(b) on t...

Excerpt: ...to compensate Service Master for those services. Defendant alleges that Plaintiff failed to provide compensation for services under the terms of the contract. On May 27, 2020, ServiceMaster filed its Complaint in this Court (Case No. 34‐2020‐ 00280436) against Watts. The Complaint alleged causes of action for breach of written contract, open book, and account stated. Watts was personally served with the Summons and Complaint on July 13, 2020,...

Excerpt: .... KB defendants seek to redact three matters from their concurrent motion: (1) the Plaintiff's name; (2) the settlement amount; and (3) the portion of the settlement allocated to Plaintiff's lost wages. Protection of the Plaintiff's identity is appropriate and consistent with the use of an alias in this action in accordance with California Rules of Court, Rule 1.201. To the extent the KB defendants seek to redact the Plaintiff's true name, the mo...

Excerpt: ...rately upon the ground that Plaintiff's claims against him are barred by the statute of limitations. The question presented upon demurrer is whether the plaintiff has alleged sufficient facts in the complaint to justify relief on any legal theory. (Service by Medallion, Inc. v. Clorox Co. (1996) 44 Cal.App.4th 1807, 1811‐1812.) The trial court is required to give the complaint a reasonable interpretation, and to treat the demurrer as admitting ...

Excerpt: ...wing grounds: 1. the negligence cause of action is barred by the one‐year statute of limitations pursuant to Code of Civil Procedure §340.5, it is uncertain and ambiguous, and it fails to state facts sufficient to constitute a cause of action; 2. the premises liability claim is uncertain and ambiguous, and fails to state facts sufficient to constitute a cause of action; 3. the “vicarious liability” cause of action fails to state a viable t...

Excerpt: ...'s counsel is unable to contact opposing counsel prior to the hearing, Admiral's counsel shall be available at the hearing, by 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). Admiral's demurrer to Plaintiff Clayco, Inc., dba Clayco Construction Company, Inc.'s (“Clayco”) Complaint is OVERRULED as follows. The parties...

Excerpt: ... Chima's Towing gifted to Harmit Chima, the Toyota Solara that she was driving during the accident, but that because Chimas Towing botched the lien sale of the Solara, the previous owner, Sydney Paige Hetfeld, not Harmit Chima, still owned the vehicle. Plaintiff seeks a declaration that the 2012 lien sale was defective, a declaration that Sydney Paige Hetfeld still owns the vehicle and a declaration that Chima's Towing was borrowing the vehicle a...

Excerpt: ..., on the grounds that the proposed class action and PAGA settlement are fair, reasonable, and adequate as to all class members and should be given final approval by the Court. Plaintiff moves for an order: 1. Certifying the proposed class herein for purposes of settlement; 2. Appointing Plaintiff Raul Vasquez Vanegas as Class Representative for purposes of settlement; 3. Appointing the Shimoda Law Corp. as Class Counsel for purposes of settlement...

Excerpt: ...g counsel prior to the hearing, Plaintiff's counsel shall be available at the hearing, by 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). Plaintiff's motion for sanctions under Code of Civil Procedure (“CCP”) sections 1281.97 and 1281.99 is DENIED as follows. The Court declines to rule on Defendant Elk Grove Auto Gro...

Excerpt: ... an intervening reassignment of the case between the Law & Motion Departments, and late filed papers. After a continuance of the hearing from October 29, 2020 to February 4, 2021, at Plaintiffs' request, the new date for Plaintiff to file any opposing papers became January 21, 2021. Plaintiff filed no opposition to this motion by that date. The Court's register of actions indicates the Court's receipt of an opposition brief from Plaintiff on Janu...

Excerpt: ...nd Harrington Declaration, submitted in conjunction with Plaintiff's Reply, is sustained. Plaintiff did not file objections to evidence. FACTS Plaintiff was formerly an employee of a chain of care homes in the Sacramento area, owned by Defendant Haven Valley Care, Inc., providing care giving services to disabled clients of the homes. Plaintiff filed claims for unpaid wages with the Labor Commissioner. On February 17, 2019, following a full day he...

Excerpt: ...in a loan from a lender in the amount of $500,000, $2,000 was to be paid to at the opening of escrow, and Plaintiff would pay the remaining $123,000 at close of escrow. Plaintiff alleges that at the time the Parties entered the agreement, the property was reasonably worth $636,000, “so that the agreement was fair, just, and reasonable” and that the “consideration being paid to Defendant [was] adequate.” (Compl. ¶ 12.) Plaintiff alleges t...

Excerpt: ...nts, LLC (GGH); and GG E16 Apartments, LLC (GGE), is DENIED as set forth below. Plaintiffs (HLocal and ELocal), are limited liability companies. Plaintiffs are members of other limited liability companies (HApt, EApt) which are in turn members of other limited liability companies (GGH and GGE). GGH and GGE separately own two apartment buildings in midtown Sacramento. GGH and GGE have decided to sell their buildings to a third‐party. Plaintiffs ...

Excerpt: .... *** Plaintiff Lauren Sanders' (“Plaintiff”) motion to compel Defendant GHC of SACSNF,LLC dba Gramercy Court's (“Gramercy Court”) further responses to request for production of documents is ruled upon as follows. This is an elder abuse, medical negligence and wrongful death action. Plaintiff Lauren Sanders suing in her individual capacity, as well as successor‐in‐interest to decedent Louise Chappell (“Decedent”). Plaintiff allege...

Excerpt: ...ional discovery. Then on 1/28/2021 Judge Krueger recused himself from this matter, which resulted in this matter being transferred to this department and re‐set for hearing on 3/24/2021. The Court's 1/28/2021 order transferring this matter specified that no further briefing on this matter would be considered unless leave of court was obtained. The Court now rules as follows. *** If oral argument is requested, the parties are directed to notify ...

Excerpt: ... 2021 at Plaintiff Stella Altraide's request. Judge Krueger then recused himself from this matter on January 27, 2021, which resulted in this matter being transferred to this department and re‐set for hearing on today's date. While Plaintiff did not file a timely opposition in connection with the January 27, 2021 hearing, she has filed an opposition in connection with the re‐set hearing. Given the dispositive nature of the motion, the Court c...

Excerpt: ...music, food vendors, and samples of local beer and wine. At the event a large tree limb fell on plaintiff Steven Bralley (“Plaintiff”) when he was sitting under a large Valley Oak, which caused him to sustain injuries and rendered him a paraplegic. Plaintiff and his wife, Dana Bralley (collectively, “Plaintiffs”) filed their Complaint on June 27, 2019, against Gordon, the organizer of the event, Cosumnes Community Services District (“CC...

Excerpt: ...s”), Plaintiffs seek to compel Defendant to provide full and complete responses to certain requests for production. Requests Nos. 1, 6, 10, 11‐33, 41, and 80 relate to Defendant's investigation and analysis regarding the Defects. Requests Nos. 8, 9, 54, 58, 59 and 76 relate to Defendant's warranty and repurchase policies. Defendant interposed numerous objections to the requests for production, including objections based on relevance, burden a...

Excerpt: .... Dep't of Transp. (1997) 15 Cal.4th 543, 590; Steed v. Department of Consumer Affairs (2012) 204 Cal.App.4th 112, 120‐121.) Vibra Hospital fails to comply with CRC Rule 3.1110(f)(3) which requires that each paper exhibit must 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. I. Overview This is an action for Declaratory Relief, Unfair Business P...

Excerpt: ...ado 1500, VIN 3GCUKREC2GG334281 (the “Vehicle”). Plaintiff served GM with Form Interrogatories, Set One, on October 16, 2020. (Matera Decl. Exh. 1.) GM served unverified responses on November 4, 2020. (Matera Decl. Exh. 2.) Documents were later produced on December 4, 2020. (Matera Decl. Exh. 3.) Verifications followed on December 31, 2020. (Matera Decl. Exh. 4.) On February 9, 2021, Plaintiffs asked GM for an extension to the motion to compe...

Excerpt: ... summons and complaint within three years as required by CCP § 583.210. SGN was ultimately served with the cross‐ complaint on January 10, 2021 when Centex served Stuart Nelson, a former director of SGN. Both parties' requests for judicial notice are granted. Centex opposes the motion on the basis that service was timely under the circumstances of the case. Pursuant to CCP § 583.210, “the summons and complaint shall be served upon a defenda...

Excerpt: .... The Solano County Action Plaintiff Reveille Farms, LP (“Plaintiff”) operates a working farm in Dixon, California. In October of 2017, it contracted with Michel Labor Services (“MLS”) for field and farm labor. According to the First Amended Complaint (“FAC”) filed in the Solano County Action, Plaintiff never participated in the hiring, selection, or firing of field and farm laborers and paid MLS for the cost of labor plus profit for ...

Excerpt: ...d his automobile insurance carrier, GEICO. The action arises out of a November 16, 2017, rear‐end collision that caused neck, back, and left arm injuries to Ellis. The matter was referred to arbitration pursuant to Ellis' automobile policy with GEICO. The arbitration evidentiary hearing is scheduled for May 6, 2021. (Sandhu Decl. ¶ 2.) The only issue to be determined at arbitration is the nature and extent of Ellis' physical injuries. On Decem...

Excerpt: ...ntiff previously sought and received a temporary restraining order (“TRO”) freezing financial accounts held by any Defendant with any financial institution within the United States (pending and/or in lieu of attachment) above $5,000 per institution, and prohibiting disposition of any assets, records, and other items acquired by Decedent or her estate. The requested TRO was subject to a monthly spending allowance of $5,000 for California resid...

Excerpt: ...irected to contact Plaintiffs' counsel and advise counsel 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 Plaintiffs' counsel prior to hearing, moving counsel is ordered to appear at the hearing via Zoom or by telephone. Plaintiffs' request for judicial notice of orders in other cases in federal district court actions and an Los Angeles Superior Court ruling...

Excerpt: ...t the hearing and the parties should be prepared to point to specific evidence which is claimed to show the existence or non‐existence of a triable issue of material fact. *** Defendants Ramos Oil (erroneously sued as PacWest Tank Lines, LLC) and Brian Hampton's (“Hampton”)(collectively “Defendants”) motion for summary judgment, or in the alternative summary adjudication, is ruled upon as follows. Overview This is personal injury action...