Excerpt: ...n Sells, Sr., Kristen Sells, and Samuel Delavallade (collectively, “Plaintiffs”) filed a statement of non‐ opposition. This action concerns alleged medical negligence involving the alleged negligent care and treatment received by plaintiff Kristen Sells during the labor and delivery of Kash Sincere Delavallade from Dr. Kopf and other defendants. Dr. Kopf moves for summary judgment on the ground Plaintiffs cannot establish breach of the appl...

Excerpt: ...pen book account and violation of Business and Professions Code § 17200. The complaint arises from allegations that Defendant is an alcoholic beverage wholesaler and charges its customers 2% per month on unpaid balances that are 43 or more days past due in violation of the 1% limit in Business and Professions Code § 25509(a). (Comp. ¶¶ 1, 2.) Plaintiff alleges that it operated a cantina in Sacramento between November 2015 and August 2018 and ...

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

Excerpt: ...e is granted. Only Plaintiff Brian Bigelow submitted an opposition through counsel. While Counsel's motion to withdraw as Mr. Bigelow's counsel of record was granted on March 3, 2021, the ruling indicated that the Court will sign the order submitted, which shall be “effective upon the filing of the proof of service of th[e] signed order upon the client.” The Court signed the order on March 8, 2021, though counsel did not have time to serve th...

Excerpt: ... purchase and subsequent use of a Shiatsu Massage Pillow, which is alleged to have caused a variety of injuries to plaintiff. The 1AC purports to assert causes of action for Negligence, “Strict Products Liability,” and “Fraud.” Defendant now demurs only to the final cause of action for “Fraud” on the ground it fails to plead sufficient facts. In particular, defendant contends that this cause of action consists solely of impermissible ...

Excerpt: ...emurrer to the First Amended Complaint filed by the plaintiff, Mitchell Development Enterprises, Inc. is sustained with leave to amend for failure to state facts sufficient to constitute a cause of action. Mitchell Development's First Amended Complaint alleges that defendants violated his constitutional rights in connection with the administrative review of his challenge to his tax liability. Defendants contend plaintiffs causes of action essenti...

Excerpt: ...). Plaintiff's and Defendants' requests for judicial notice are unopposed and granted. Background This action arises out of a dispute over the Fong family businesses and the decedent Samuel B. Fong's (“Decedent”) personal estate. Defendant Jason Yet Ying Fong (“Jason”) is the Decedent's son and the Executor of his Estate, as appointed by the Sacramento County Superior Court in Case No. 34‐ 2018‐00244649 (the “Probate Action”). (TA...

Excerpt: ...all causes of action without leave to amend, but on a "motion to clarify" ruled that the demurrer was sustained with leave to amend so that plaintiff could exhaust his administrative remedies with CalPERS. Plaintiff asserts that the dispute with CalPERS is now resolved and that the Second Amended Complaint does not seek to change the benefit he is receiving through CalPERS but instead a certain retirement benefit that SDRMA agreed to give him. Pl...

Excerpt: ...rison psychiatrist. Plaintiff is no longer incarcerated. He was released from Solano State Prison in February 2021. Plaintiff, in pro per, filed the Complaint on June 17, 2019. The Complaint alleged two causes of action for negligence and intentional tort. Defendant demurred to the Complaint, which was sustained with leave to amend on December 18, 2019. Plaintiff filed a First Amended Complaint (“FAC”) on December 20, 2019, which again allege...

Excerpt: ...e is granted. Cross‐complainant's Objections to Evidence: Overruled for the reasons stated in the response to objections. Cross‐defendant's Objections to Evidence Sustained as to No. 1 (hearsay). Overruled as to No. 2, 3, 4, 5, 6, 7, and 8. Plaintiff/cross‐defendant Bank contends Cross‐complainant Kronick violated former Rules of Professional Conduct ("RPC") Rules 3‐310 and 3‐600 by failing to obtain a written waiver of conflict from ...

Excerpt: ...m, California (the “Inn”). Plaintiff alleges that in 2007, it entered into a written construction contract with Poelman Construction, Inc. (“Poelman”) to build the Inn. (First Am. Compl. (“FAC”) ¶ 12.) Poelman subcontracted with DTS Mechanical, Inc. (“DTS”), an HVAC installation contractor. (FAC ¶ 14.) DTS installed a Daikin VRV‐II system (“VRV‐II” or “HVAC System”) that was supplied by Norman S. Wright Mechanical Eq...

Excerpt: ...not serve the proposed order on them. Defendants contend this failure is a due process violation under the United States and California Constitutions. Defendants also contend they did not have a sufficient amount of time to review the proposed order before it was submitted to the Court. On January 5, 2021, Plaintiff served Defendants with a Proposed Order. (ROA 35.) The Order signed by the Court on January 12, 2021, is different than the Proposed...

Excerpt: ... cart and a plaintiff, a two‐year‐old boy, at the 2018 Dixon May Fair. An employee of co‐defendant Professional Event Service, Mr. Meek, drove the golf cart over Plaintiff David S. Cruz Abundio ("Plaintiff'), causing him permanent brain damage. District has filed a motion for summary judgment set for hearing on April 7, 2021. (See February 10, 2021 ex parte Order, ROA 279) The plaintiff's opposition to that motion is due March 24, 2021. On ...

Excerpt: ... the objections to the late filed evidence because it has given respondent the opportunity to file a sur‐opposition. Respondent's Request for Judicial Notice is granted. The Court takes judicial notice of the existence of the documents but not the truth of the matters stated therein. However, if a plaintiff alleges compliance with the claims presentation requirement, but the public records do not reflect compliance, the governmental entity can ...

Excerpt: ...iff filed what was labeled an opposition, but which suggested the most efficient means of addressing the issues presented by defendant is to simply sustain the demurrer with leave to amend within 20 days. Accordingly, the Court construed Plaintiff's opposition as effectively conceding the merits of the arguments advanced by Defendant and sustained the demurrer with leave to amend. Plaintiff filed the FAC on October 21, 2020, alleging the followin...

Excerpt: ...Civil Code § 51 (civil rights of persons in business establishments); (2) Civil Code § 51.7 (Ralph Civil Rights Act); (3) conversion; (4) intentional infliction of emotional distress; (5) consumer legal remedies act; and (6) injunctive relief. Plaintiff's complaint alleges that Best Buy discriminated and threatened violence against him due to his race (African American), ethnicity and/or national origin (Nigerian) when he attempted to exchange ...

Excerpt: ...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. Defendant shall notify Plaintiff immediately. On November 30, 2020, Plaintiff served Request for Production of Documents, Set One, and Special Interrogatories, Set One, on Defendant's attorneys via email. (Bocanegra Decl. ¶ 6.) Responses were due on January 4, ...

Excerpt: ...** Plaintiff Michael Giambona's motion to compel Defendant Zyllion, Inc.s' further responses to form and special interrogatories is ruled upon as follows. This is a products liability action in which Plaintiff was injured by Defendant's ZMA 13BK Shiatsu Massage Pillow. Plaintiff alleges that he suffered a stroke and other injuries due to the product's design and manufacturing defects, and failure to warn. At issue are Form Interrogatory 12.5 and ...

Excerpt: ...r judicial notice is granted. In this dental malpractice action, Plaintiff seeks damages from Defendants Thomas N. Ludlow, DDS, and his practice doing business as Expressions in Dentistry, who operates as a general dental practice in Folsom, California, and Will Koett, Jr., DDS. The complaint alleges Plaintiff was harmed by Defendants' purported improper and unauthorized extraction of several of her teeth, removal of crowns, and administration of...

Excerpt: ...addressed at the hearing and the parties should be prepared to point to specific evidence which is claimed to show the existence or non‐existence of a triable issue of material fact. *** Defendants Daikin North America, LLC (“Daikin NA”) and DACA Delaware Dissolution Trust's (“DACA”) (collectively “Daikin Defendants”) motion for summary judgment, or in the alternative, summary adjudication is ruled upon as follows. I. Overview This ...

Excerpt: ...ly, “Plaintiffs”) filed a motion for preliminary approval of class action settlement, which was set for hearing before Judge Mesiwala in Department 53 on January 21, 2021. (ROAs 31‐33.) On January 20, 2021, Judge Hom issued a tentative ruling granting Intervenors' motion to intervene. (ROA 65.) After the hearing on January 22, 2021, Judge Hom took the matter under submission. (ROA 71.) On January 20, 2021, this Court issued a tentative ruli...

Excerpt: ...tted on law and motion matters. *** Defendant County of Sacramento's (erroneously sued as the Sacramento County Sherriff's Department) demurrer to Plaintiff Jeffrey Bacoch's first amended complaint (“FAC”) is ruled upon as follows. Overview This is a FEHA gender/sex discrimination, harassment, and retaliation action. Plaintiff alleges that he was been employed with Defendant for over 25 years as an academy Training Officer, Field Training Off...

Excerpt: ... shortly before entering into the purchase agreement with Defendant Elk Grove Auto Group, Inc. dba Elk Grove Dodge Chrysler Jeep (“Defendant”). Wheat's complaint asserts causes of action for Financial Elder Abuse, Violation of Consumer Legal Remedies Act, Unfair Competition, Undue Influence, Civil Code §3345, Penal Code violations and Conversion. He seeks monetary damages as well as rescission of the purchase agreement. On 8/20/2020, the cou...

Excerpt: ...erative pleadings, currently set for hearing on June 10, 2021.) Plaintiff David Steward alleges that at some point in 2002, Defendant Bickford contacted him and the two together ultimately developed a multi‐company business strategy in which Plaintiff focused on technology marketing, commercialization and financing; and Defendant focused on technology software development. (SAC ¶ 16.) The two formed a joint venture, by which they established t...

Excerpt: ...eges causes of action against Defendants and Sierra Hematology‐Oncology Medical Center (“Sierra”) for breach of contract, interference with prospective economic advantage, money had and received, conversion, accounting and declaratory relief. Plaintiff has since dismissed the money had and received and conversion causes of action. The action arises out of a dispute under a Shareholder Agreement pursuant to which Plaintiff was issued shares ...

Excerpt: ...k (1990) 220 Cal. App.3rd 1117, 1138.) Newberg on Class Actions (4th Ed.), the most authoritative treatise on class actions, discusses the process for approving the settlement of a class action. At § 11.24, “Procedure for Submitting Class Settlement for Approval,” Newberg describes the review at the preliminary stage as the submission by the parties of the essential terms of the agreement for informal review of the settlement papers by the C...

Excerpt: ...amended ex parte order indicated that the motion and the order were to be personally served on Defendant by 4 p.m. on March 1, 2021. (ROA 335.) On February 17, 2021, this Court denied Plaintiff's motion to compel responses to the subject special interrogatories finding that Defendant's attorney's letter objecting to the discovery on the basis that the discovery was untimely was a response. The Court also found that the discovery was not untimely....

Excerpt: ...ch's obligation was guaranteed by Defendant Sharmilla Patil. Defendant Patil filed an Answer to the Complaint on June 12, 2020. Defendant Patil's answer to that complaint, filed June 12, 2020, comprises a general denial with sixteen affirmative defenses. On August 20, 2020, Plaintiff served special interrogatories on Defendant. Defendant failed to respond to the discovery requests. Having failed to obtain responses to the discovery requests, NCSS...

Excerpt: ...ction of consumer debt in the amount of $34,632.11. Plaintiff filed this lawsuit on March 13, 2019. On January 26, 2021, the Parties met for a Mandatory Settlement Conference (MSC) in Department 59. Following the MSC, the Court entered a Minute Order reflecting that a Stipulation for Settlement was or would be filed. (ROA 25.) The Parties agree that, among the terms of the settlement, were that Defendants were required to pay Plaintiff $18,000 ov...

Excerpt: ...Countryhouse's “Memory Care Unit.” Plaintiff Damon Riley, Ms. Riley's son, alleges causes of action for Negligent Infliction of Emotional Distress and Wrongful Death. Plaintiff alleges that Ms. Riley was admitted to the facility to address her dementia, though she was otherwise healthy at the time. They allege that due to the neglect at the facility, Ms. Riley died in August 2019 as a result of injuries sustained from a fall. Plaintiffs alleg...

Excerpt: ... or the “Schaffs”). The Schaffs hired C. Piata Construction to remodel their home. A “Home Improvement Contract” (the “Contract”) was signed by Meredith Schaff and Craig Piatenesi. Jeff Schaff did not sign the Contract. Craig Piatenesi signed section 33, Arbitration of Disputes, but neither Meredith nor Jeff signed or initialed the arbitration section. (Petition Exh. A.) In or about August of 2019, during the course of the home improv...

Excerpt: ..., Jerry Fong, and Art Fong (collectively, the “Fong Siblings”) request for judicial notice is granted. Mr. Fong moves the Court for leave to file his Petition for Order Confirming Trust Assets; for Order Authorizing and Directing the Transfer of Trust Property to Trustee; and for Double Damages under Probate Code § 859 (the “Cross‐ Petition”) as a CrossComplaint against the Fong Siblings and the Lily Company, not a party to this action...

Excerpt: ...on papers as plaintiff has not been prejudiced by the late service, and the court is also considering the late filed reply papers filed two court days before the hearing. This action arises out of the parties' real estate development business. Plaintiff alleges that he invested money in the LLC that he formed with defendant to develop properties, but that defendant has not properly accounted for the funds, has not developed the property, and has ...

Excerpt: ...ended Complaint, filed August 24, 2020. The omission of these defendants by the Barrows serves as a dismissal without prejudice. An amended complaint may add or omit parties. If it omits a defendant named in the original complaint, it serves as a dismissal without prejudice as to that defendant. Kuperman v Great Republic Life Insurance Co. (1987) 195 Cal.App.3d 943, 947. Defendant seeks judgment on the pleadings, with prejudice, based on the alle...

Excerpt: ...ntative ruling system and to be available at the hearing, in person or by telephone, in the event the opposing counsel appears without following the procedures set forth in Local Rule 1.06(B). FCA has also indicated the incorrect address in its notice of motion. The correct address for Department 53 of the Sacramento County Superior Court is 813 6th Street, Sacramento, California 95814. FCA shall notify Plaintiff immediately. In this lemon law ac...

Excerpt: ...e is granted as to items 1 and 2. The request as to item 3, which is the California Department of Insurance's Life Insurance and Annuities Guide as issued online, is granted to the extent that the Court takes judicial notice of the website's existence. However, the Court does not accept the contents of the website as true. (Ragland v. U.S. Bank National Assn. (2012) 209 Cal.App.4th 182, 194.) Plaintiffs filed their Complaint on December 31, 2018,...

Excerpt: ...orporation on January 20, 2018. Plaintiffs contend the Subject Vehicle was sold with an implied warranty of merchantability from both GM and Roseville Motor Corporation pursuant to Civil Code § 1792. Plaintiffs allege that during the warranty period, the Subject Vehicle contained or developed non‐ conformities, including but not limited to a defective engine. Plaintiffs contend that the non‐ conformities substantially impair the use, value a...

Excerpt: ...s. *** Defendant Hyundai Motor America's (“HMA”) demurrer to Plaintiff Viacheslav Elikov's first amended complaint (“FAC”) is ruled upon as follows. Overview Plaintiff alleges that HMA is or was the manufacturer and/or distributor of the Vehicle that is the subject of this litigation. (FAC, ¶ 5.) Plaintiff alleges that HMA runs and advertises a certification program in which its used vehicles are certified by HMAauthorized retailers as b...

Excerpt: ...t‐and‐confer process in person or by telephone, as required by Code of Civil Procedure §430.41(a). Having received the requisite meet‐and‐confer declaration, the Court now issues the following tentative ruling. *** If oral argument is requested, the parties must at the time oral argument is requested notify the clerk and opposing party of the specific causes of action that will be addressed at the hearing. The parties are also reminded t...

Excerpt: ...' land. Plaintiffs allege causes of action for invasion of privacy, trespass, fraud, negligent misrepresentation, and unlawful business practices. Plaintiffs allege that Defendants took dishonest steps designed to get Plaintiffs to sell their property for below‐market value and/or to move their business. (First Am. Compl. ¶¶ 13, 63.) In particular, Plaintiffs allege that Defendants created and deployed a fake air monitoring device affixed wit...

Excerpt: ...nt Provident Savings Bank's (“PSB”) demurrer to Plaintiff Daniella Gusella's complaint is ruled upon as follows. Overview This is a non‐judicial foreclosure, Homeowners' Bill of Rights (“HBOR”) action. Plaintiff alleges that on 2/27/2004, Frank and Cynthia Aubrey obtained a mortgage in the amount of $540,000 from Countrywide Home Loans, Inc. (“Countrywide”) for the property. (Complaint, ¶ 11.) The mortgage was secured by a Deed of ...

Excerpt: ...hour violations, constituting: (1) violation of Cal. Labor Code §§ 226.2, 510, 1194, and 1197; (2) violation of Cal. Labor Code §§ 226.2, 226.7, and 512; (3) violation of Cal. Labor Code §§ 226.2 and 226.7; (4) violation of Cal. Labor Code §§ 226(a) and 226.2; (5) violation of Cal. Labor Code § 2802; and (6) violation of Cal. Bus. & Prof Code § 17200, et seq. (See generally Compl.) Plaintiff alleges that because blood examiners like her...

Excerpt: ...Plaintiff's motion to compel Defendant FCA US, LLC's further responses Request for Admissions is ruled upon as follows. This is a lemon law action. Plaintiff alleges that on February 22, 2014, she purchased a vehicle from defendant. The vehicle began experiencing defects. Plaintiff delivered her vehicle to an authorized repair facility on 9 occasions, but the defects were never repaired. Plaintiff filed this action on 7/27/2020. Plaintiff moves t...

Excerpt: ...d Rescue, LLC, dba Inventure X (“InventureX”) and Plaintiff wherein InventureX agreed to conduct a digital marketing campaign for Plaintiff (“the Agreement”). The Agreement provides the digital marketing campaign would be split into three, separate phases: (1) Pre‐Launch Marketing ‐ 60‐day period; (2) Generate Funding and Exposure ‐ 30‐day period; and (3) Post‐Funding Phase ‐ 30‐day period. The form first amended complaint...

Excerpt: ... matter, the Court acknowledges that Plaintiff filed a notice of order granting Plaintiff's appeal to the bankruptcy panel of the Ninth Circuit and staying remand. (See ROA 218.) As such, Plaintiff argues the Court is divested of jurisdiction to hear the instant motion. On reply, Defendant argues that Plaintiff's appeal involves an entirely unrelated bankruptcy matter to the Ninth Circuit Bankruptcy Appellate Panel (“BAP”) and her bankruptcy ...

Excerpt: ...tiff's purchase of real property. On May 13, 2020, Defendants propounded form interrogatories, special interrogatories, requests for admission, and requests for production of documents on Plaintiff. (Jones Decl. ¶ 2, Exhs. 1‐4.) Defense counsel ultimately filed a motion to compel, which the Court heard on November 12, 2020, after Plaintiff's ex parte application to extend time to file an opposition. (Jones Decl. ¶ 8.) The motion to compel was...

Excerpt: ...rt, Rule 2.104. The font sized used for Plaintiff's opposition brief was less than the required 12 point minimum. Had the proper font size been used, the length of the opposition would have exceeded the 20 pages maximum. Evidentiary Objections Pursuant to Code of Civil procedure section 437c, subdivision (q), the Court only rules on the objections to evidence deemed material to its disposition of the motion. Sutter's evidentiary objections are ru...

Excerpt: ...tion with alleged sexual assault allegations arising at California State Prison, Los Angeles. Defendant alleges (1) it is immune from suit pursuant to Government Code section 844.6; and (2) the alleged violations of California Code of Regulations, title 15, and the Penal Code do not support a private right of action. Background Plaintiff alleges he was assaulted by CDCR employees on November 2, 2019, at California State Prison, Los Angeles County...

Excerpt: ...ired by Local Rule 1.06(D), the notice does not comply with that rule. Moving counsel is directed to review the Local Rules. Plaintiff/judgment creditor SMUD contends that as a result of its legal counsel's mistake, inadvertence and excusable neglect, it failed to timely file its application pursuant to Code of Civil Procedure §683.120 to renew the lump sum money judgment it obtained against defendant Tucker back on 6/14/2010. Specifically, plai...

Excerpt: ...counsel and advise him/her of Local Rule 1.06 and the Court's tentative ruling procedure and the manner to request a hearing, along with the correct address for Dept. 53/54. If moving counsel is unable to contact opposing counsel prior to hearing, moving counsel is ordered to appear at the hearing. Plaintiff's opposition fails to comply with CRC Rule 3.1113(f). Overview This is a personal injury action arising from a motor vehicle accident. Defen...