Excerpt: ...; Suzanne Schroeder; Jason Murray; and Mark Hancock's (collectively, “Defendants”) motion to compel arbitration and stay is ruled upon as follows. Defendants' Objections to Declaration of Edward P. Dudensing 1. Ex. A (Marshall Medical Center Hospital records), on grounds of authentication: OVERRULED. The Court finds that Plaintiffs have properly authenticated the Marshall Medical Center Hospital records for purposes of this motion. Plaintiffs...

Excerpt: ...iling 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 forms the basis of this case. Glenda is deceased and has been deceased since...

Excerpt: ... Defendant on or about December 19, 2021. (SAC, ¶ 8; Exh. A.) In March of 2016, the parties renewed the lease for an additional five-year term. (SAC, ¶ 9.) In March of 2021, during discussions about renewing the lease for an additional five-year term, Plaintiff expressed to Defendant that he needed to have signage for his furniture store that he operated from the leased property. (SAC, ¶ 10.) Defendant informed Plaintiff that he would be allow...

Excerpt: ...tandard In reviewing the sufficiency of a complaint against a general demurrer, the Court is guided by long-settled rules. “‘[The Court] treat[s] the demurrer as admitting all material facts properly pleaded, but not contentions, deductions or conclusions of fact or law.' [Citation.]” (Blank v. Kirwan (1985) 39 Cal.3d 311, 318.) The Court “‘also consider[s] matters which may be judicially noticed.' [Citation.]” (Ibid.) “No other ext...

Excerpt: ...). The complaint includes two causes of action: (1) dependent adult abuse and neglect brought by Plaintiff Ronnie Grant Sr. by and through his Successor-in-Interest, Tricia Grant, and (2) wrongful death brought by Plaintiff Tricia Grant individually. Concurrent with this motion to seal, Defendants have moved for summary judgment as to Plaintiffs' entire complaint. Via this motion, Defendants seek to file under seal Mr. Grant's medical records fro...

Excerpt: ...r Court is 813 6th Street, Sacramento, California 95814. 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, they shall be available at the hearing (regardless of Plaintiff's notice pursuant to CRC 3.1304(c)) in person or remotely (te...

Excerpt: ...wage, unpaid wages, and breach of contract against Defendants. Plaintiff seeks summary adjudication of his second cause of action against Triangle on the ground Triangle has admitted it failed to pay wages owed. Plaintiff presents the following material facts in support. Triangle employed him beginning in February of 2021 as an employee in the position of interim Chief Financial Officer. (UMFs 2, 3.) Plaintiff worked for Triangle from February 20...

Excerpt: ... 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 Mr. Kamilchu need not request oral argument. The Litigation Coordinator shall make Mr. Kamilchu available, by Zoom telephonically, at 9:00 a.m. on the date of the continued hearing date, which will be March 7, 2023, to participate in oral argument. To appear o...

Excerpt: ...l (833) 568-8864 and enter the Zoom ID: 16146506749. Defendants J. Lynch and A. Swinney, Jr.'s (collectively, “Defendants”) demurrer to incarcerated plaintiff in pro per Allen Hammler's (“Plaintiff”) Complaint is UNOPPOSED and SUSTAINED with leave to amend. 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 Plaintiff and advise him of L...

Excerpt: ...ed upon defective service has been waived. The notice of motion does not provide notice of the Court's tentative ruling system as required by Local Rule 1.06(D). Plaintiff is ordered to notify Defendant immediately of the tentative ruling system and the manner to request a hearing. If Plaintiff is unable to contact Defendant prior to hearing, Plaintiff is ordered to appear at the hearing. This is an employment discrimination and retaliation case ...

Excerpt: ... alleged to have been responsible for vehicle accident causing the loss. Plaintiff's request for judicial notice is granted. Plaintiff's motion to have its request for admissions to Defendant deemed admitted was granted on June 22, 2021. 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 ...

Excerpt: ...ity discrimination, failure to accommodate, failure to engage in the interactive process, retaliation and failure to prevent discrimination, harassment and retaliation. She also alleges a cause of action for wrongful termination in violation of public policy and defamation. Plaintiff alleges that she had been employed for over ten years and was Defendant's preschool director. She alleges that Defendant terminated her because of her need for medic...

Excerpt: .... At issue on the instant motion are Plaintiff's responses to Defendant's request for production (set seven). The subject requests relate to documents Plaintiff worked on during therapy or took home from therapy. Defendant also requested calendar entries for the months following June 2018. “On receipt of a response to a demand for inspection, copying, testing, or sampling, the demanding party may move for an order compelling a further response ...

Excerpt: ...ntiffs allege causes of action against Defendants Justis Development Group, LLC and Ali Copper for intentional and negligent misrepresentation, breach of contract, breach of the covenant of good faith and fair dealing, and common counts. Plaintiffs alleged that they entered an agreement with Defendants pursuant to which Connect Consulting Services agreed to utilize Plaintiffs' connections in the public and private health sectors to assist Defenda...

Excerpt: ...collectively, “Plaintiffs”) Second Amended Complaint (“2AC”) is DENIED. This action arises from Plaintiffs' stay at Vince's Motel from April 2, 2017, through April 11, 2017. Plaintiffs allege that at the time of their stay the motel had a bedbug infestation and that management was aware of the problem, but failed to notify them of the presence of bedbugs in their room or remedy the problem. Plaintiffs filed this action on April 2, 2019, a...

Excerpt: ...he Court continue the hearing to allow Petitioner to provide additional evidence relating to the proof of service issue raised by Respondent, notwithstanding the Court's tentative ruling which had found service sufficient based upon the corpus of evidence supplied in Petitioner's original filings. The Court granted Petitioner's request to continue this hearing to this date and allowed the parties to provide supplemental filings on the issue. Both...

Excerpt: ...d a notice of deposition of WinCo's employee, Erica Gehrke (“Gehrke”), which included a request to produce any reports made of the incident by any person. (Stewart Decl., ¶ 4, Exh. A.) WinCo served an objection to the deposition notice indicating Gehrke prepared a customer accident report but refusing to produce the report on grounds it is privileged. as set forth in Holm v. Superior Court (1954) 42 Cal.2d 500 and Travelers Ins. Co. v. Super...

Excerpt: ..., including the subject Requests for Production Nos. 16, 22, 24 38, and 39. (Thomas Decl., ¶ 3 and Exh A.) Defendant's responses and/or supplemental responses identify certain responsive documents that Defendant agreed to produce “subject to a protective order.” (Thomas Decl., ¶¶ 4, 8 and Exhs. B and F.) However, as the parties were unable to agree on the final terms of a protective order, Defendant has not yet produced the documents. Plai...

Excerpt: ...and the Court's tentative ruling procedure and the manner to request a hearing. If moving counsel is unable to contact opposing parties prior to hearing, moving counsel is ordered to appear at the hearing by Zoom or by telephone. Nissan's request for judicial notice is unopposed and granted. Plaintiffs Ramiro Ramirez and Martha Ramirez filed the instant complaint against Defendant more than two years ago on February 3, 2020. Plaintiffs assert var...

Excerpt: ...nnection with the purchase, he received an express warranty. During the warranty period, the vehicle contained or developed various defects. Plaintiff filed his complaint on August 17, 2022. NNA moves to compel arbitration pursuant to the Retail Installment Sale Contract – Simple Finance Charge (With Arbitration Provision) (“RISC”) which Plaintiff signed with the Dealer. NNA is not a signatory to the RISC. The arbitration provision provides...

Excerpt: ...dressed 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. *** Defendant State of California Department of Corrections and Rehabilitation's (“CDCR”) motion for summary judgment, or in the alternative, summary adjudication is ruled upon as follows. CDCR fails to comply with CRC Rule 3.1110(f)(3) which requires that each pap...

Excerpt: ...intiff was a staying at a hotel owned and/or managed by Defendants. Plaintiffs allege Defendants knew there was a prior bedbug infestation prior to renting Plaintiffs a room, failed to take adequate sanitary steps, such as changing bed skirts, to eradicate the infestation, failed to take adequate steps to inspect the room and verify it was free of bed bugs before renting it to Plaintiffs, failed to properly train staff to inspect and eradicate be...

Excerpt: ... Ranganath Pathak, M.D.'s (“Defendant”) demurrer to plaintiff Jane Doe's (“Plaintiff”) First Amended Complaint (“1AC”) is ruled upon as follows. Plaintiff filed her Complaint on April 15, 2022. Plaintiff filed her 1AC on September 16, 2022, alleging the following causes of action: (1) fraudulent misrepresentation; (2) sexual battery; (3) sexual harassment pursuant to Civil Code § 51.9; (4) negligent hiring, supervision, and retention...

Excerpt: ...ve ruling procedure and the manner to request a hearing. If moving counsel is unable to contact plaintiffs in pro per prior to hearing, moving counsel is ordered to appear at the hearing by Zoom or by telephone. (The Court notes that defendant filed and served an amended notice of motion on 2/15/2023 but because this was served so close to the 2/21/2023 hearing date and because 2/20/2023 was a court holiday, plaintiffs may not have received the a...

Excerpt: ...nal meet-and-confer declaration, such objection was unnecessary since Exhibit A was attached to the declaration simply to reflect State's meet-and-confer attempt and since the Court's consideration on this demurrer is limited to the facts duly alleged in the challenged pleading, along with those for which judicial notice was both requested and granted. Factual Background On 3/15/2022 plaintiff filed a Judicial Council Form complaint for personal ...

Excerpt: ...opposition was due on February 6, 2023 based on the February 21, 2023 hearing date. Indeed, Defendant had filed a “reply” that was essentially a notice that no opposition was filed on February 10, 2023. (ROA 27.) The Court has considered Plaintiff's opposition in its ruling to the extent Plaintiff's arguments are applicable, despite the fact that it was untimely filed. Plaintiff filed his original complaint on June 14, 2022. (ROA 1.) He filed...

Excerpt: ...t need not waste time locating individual exhibits). Factual Background According to the opening paragraph of plaintiff's complaint, “This is a civil action for declaratory judgment asking the jury for a verdict declaring that Defendant Dayle Ann Imperato was the ‘keeper' of Plaintiff Krista Mitchell's 58 rescue dogs from 6:34 p.m. Tuesday, February 19, 2019 through 6:16 p.m. Thursday, February 21, 2019.” Plaintiff alleges that she housed t...

Excerpt: ... Defendants with various wage-and-hour causes of action. Defendants filed their answer through their former counsel, Larry M. Kazanjian, on June 26, 2020. (ROA 9.) On July 19, 2022, the Court granted Mr. Kazanjian's motion to withdraw as counsel for Defendants, leaving Defendants briefly unrepresented in this action. (ROA 29.) On October 31, 2022, Defendants' current counsel, Matthew R. Schoech, substituted in as counsel of record. (ROA 38.) At t...

Excerpt: ...leges he was riding as a passenger in a RZR-type vehicle being driven by Defendant Christian Madrigal on the subject real property when the vehicle overturned and caused Plaintiff significant injuries. Plaintiff's complaint lists two causes of action: (1) premises liability and (2) general negligence. The complaint initially named as defendants Christian Madrigal, A.V. Irrevocable Settlement Trust, Cynthia Taylor, and David Taylor. Defendant A.V....

Excerpt: ...ject property collapsed and fell on the decedent. According to the moving papers, plaintiff propounded on defendant Greco a set of Requests for Admissions on 7/15/2022. Defendant Greco subsequently obtained extensions for her responses up to an including 11/7/2022 but that plaintiff has to date received no responses to these requests for admissions. Defendant Greco argues this motion “must be denied” for three (3) reasons. First, plaintiff fa...

Excerpt: ...counsel's declaration relating to these additional meet-and-confer efforts and now rules as follows. Factual Background This action arises out of a 2020 incident allegedly occurring in a Trader Joe's parking lot. Plaintiff claims to have been 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...

Excerpt: ...ies' subsequent declarations relating to these additional meet-and-confer efforts and now rules as follows. Factual Background This action was commenced by plaintiff Keener on 12/2/2020 when she filed a complaint against her sister, defendant Perry who is the trustee of their parents' trust. The complaint purports to assert causes of action for undue influence, declaratory relief invalidating a trust amendment, imposition of constructive trust, b...

Excerpt: ...g so Plaintiff may depose Defendant's person most qualified in order to oppose the motion. This request is supported by a stipulation between the parties. However, as set forth below, the Court finds Defendants failed to meet their initial burden on this motion. As Defendants failed to shift the burden, Plaintiff has no burden to produce evidence to raise a triable issue of material fact. The request for a continuance is therefore unnecessary and...

Excerpt: ...June 2020 pursuant to which it agreed to provide construction equipment rental services to CDCR in exchange for payment. (FAC ¶ 6.) The Agreement states that CDCR was “to return the equipment in good condition subject to reasonable wear and tear” and that CDCR “shall not be liable for loss of damages to the rental equipment from any cause whatsoever during period of transportation or during the period the equipment is in the Institution's ...

Excerpt: ...des. The Litigation Coordinator shall not only provide a copy of the tentative ruling to plaintiff in pro per but also have plaintiff in pro per available for oral argument at the above-stated time. Appearance will be by ZOOM. To appear on Zoom telephonically, call (833) 568- 8864 and enter the following Zoom ID: 16146506749. The demurrer of defendants to plaintiff in pro per Yandell's complaint is ruled upon as follows. Factual Background This a...

Excerpt: ...tain an order from the Court allowing it to file an oversized memorandum. Nevertheless, the Court considered the entirety of the memorandum. In the future, La Posta shall conform to the applicable page limits or obtain an order from the Court allowing it to exceed those limits in accordance with the Rules of Court. This action arises from a loan agreement YAN and La Posta entered into in connection with a casino project that ultimately failed and...

Excerpt: ... disregarded by the Court. (City of Arcadia v. State Water Res. Control Bd., (2010) 191 Cal.App.4th 156, 180, as modified on denial of reh'g (Jan. 20, 2011).) This action arises out of an auto accident that occurred on June 20, 2018, on Riverside Boulevard in Sacramento when Plaintiff changed lanes in front of Defendant and then slammed on his brakes to avoid geese crossing the road. On December 11, 2020, Plaintiff filed the form Complaint for pe...

Excerpt: ...ff Crystal Jackson alleges causes of action against Defendants based on allegation that they negligently failed to perform a cesarean section which injured Ava Walls and Ms. Jackson. In the third cause of action for fraud, Plaintiffs allege that Defendants knew Ms. Jackson would encounter a “dangerous dystocia delivery” but concealed that fact. Defendants move for summary adjudication of the third cause of action. In evaluating a motion for s...

Excerpt: ...lleges Defendant breached the lease and has failed to pay the balance due thereunder. Plaintiff moves for summary judgment as to its entire case on the grounds there are no triable issues of material fact and there is sufficient evidence to entitle it to a judgment against Defendant in the amount of $33,516.50. Legal Standard A plaintiff moving for summary judgment meets its burden of showing that there is no defense to a cause of action if that ...

Excerpt: ...tiff at Defendant's request. A judge must grant a motion for summary judgment if all the papers submitted show that there is no triable issue as to any material fact and that the moving party is entitled to judgment as a matter of law. (CCP § 437c, subd. (c); Mann v. Cracchiolo (1985) 38 Cal.3d 18, 35) Summary judgment is properly granted only if the moving party's evidence establishes that there is no issue of material fact to be tried. (Lipson...

Excerpt: ...l Defendant to provide full and complete responses to certain requests for production. Requests Nos. 33, 37-43 and 45-46 relate to Technical Service Bulletins, recalls and documents/internal codes used by Defendant and similar consumer complaints. Requests Nos. 16, and 19-32 relate to Defendant's warranty and repurchase policies. Defendant interposed numerous objections to the requests for production, including objections based on relevance, burd...

Excerpt: ...he “Sac Metro Fire Defendants”) alleged failure to diagnose a heart attack suffered by Mr. White on March 29, 2020, after Mrs. White's 911 call, and defendant Dignity Health dba Mercy Hospital of Folsom's (“Dignity Health”) alleged failure to promptly treat said heart attack. Sacramento Metro Fire District, Mr. Kellogg, Mr. Reed, Mr. Gray, and Dignity Health shall be collectively referred to herein as “Defendants”. Plaintiffs filed th...

Excerpt: ... discovery into any causes of action on the grounds they are not subsumed by the Uniform Trade Secrets Act, and an order declaring that Plaintiff's “Amended Designation of Trade Secrets Pursuant to Code of Civil Procedure Section 2019.210” (“SAD”) (Plaintiff's Exh. 2) complies with § 2019.210. The notice of motion must state in writing the "grounds upon which it will be made." (Code Civ. Proc., § 1010) Only the grounds specified in the ...

Excerpt: ... Plaintiff alleges Solomone was driving under the influence and with a suspended license. The vehicle was owned by Defendant. Plaintiff filed the original Complaint on March 1, 2021, and the operative 1AC on November 30, 2022. The 1AC alleges claims for negligence against Solomone and negligent entrustment and owner liability pursuant to Vehicle Code § 17151(a) against Defendant. Plaintiff seeks an award of punitive damages. As to Defendant, Pla...

Excerpt: ...ing judgment. The Court issued a tentative ruling on this matter for a November 16, 2022. No party contested the tentative ruling. A formal order was entered on December 7, 2022. However, pursuant to CCP § 704.790(d) the Judgment Debtor served a copy of the order and a Declaration for Rehearing on the Homestead Exemption. Under that statute, if the Judgment Debtor serves a copy of the Declaration on the Sheriff within 10 days of service, the Cou...

Excerpt: ...d Does 1 to 25 (collectively "Kamilos" or "Defendants") in the amount of $998,432 is DENIED as follows. Objections to Evidence Kamilos' objections to the Declaration of Kenneth Allred are overruled. Factual and Procedural Background On or about January 30, 2020, Plaintiff and Kamilos entered into a settlement agreement (the "Settlement Agreement"), which had an effective date of September 30, 2019, to compensate Plaintiff for unpaid services that...

Excerpt: ... exclusive forum. The complaint alleges causes of action for violation of the Magnuson-Moss Consumer Warranty Act and negligence related to alleged defects in a 2022 XLR 35LRLE TravelTrailer (the “RV”) purchased by Plaintiff Norman Chapin (“Plaintiff”) and manufactured by Defendant. (See Complaint.) Plaintiff purchased the RV from thirdparty Jeff Couch's Campers, L.L.C. (the “Seller”) in Ohio and had the RV delivered to California. (P...

Excerpt: ...ewear measurement technology for use by optometrists and their offices. (First Amended Complaint (“1AC”) ¶ 8.) VSP alleges PFO was unable to timely meet its obligations causing VSP to exercise its “Step-InRights” under the Agreement and take over various PFO functions, such as hiring and paying third parties to fulfill the development obligations. (1AC ¶¶ 27-31.) VSP alleges because PFO was never able to show it had the resources to pe...

Excerpt: ...s. Plaintiff in pro per Kirk D. Williams (“Plaintiff”) filed this action September 10, 2021 via a form complaint with causes of action for general negligence and intentional tort. On June 14, 2022, the Court sustained Defendant Sacramento County Conflict Criminal Defenders' (“SCCCD”) unopposed demurrer to Plaintiff's complaint. (ROA 30.) The Court also granted Plaintiff leave to file a first amended complaint by July 29, 2022. ( Ibid.) Pl...

Excerpt: ...w and motion matters. *** Plaintiffs' motion to compel Defendant Fedex Ground Package Systems, Inc.'s further responses to request for production of documents, set one, and for further production of documents is ruled upon as follows. Per the Joint Statement, the only RFPs that remain in dispute are RFP Nos. 9-12. RFP No. 9: “Any and all DOCUMENTS constituting insurance policies (including primary and excess policies) under which Responding Par...