Excerpt: ...s: 841 204 6267. Consistent with Local Rule 1.06(B), any party requesting oral argument on any matter on this calendar must comply with the following procedure. To request oral argument, you must call the Department 53 clerk at (916) 874‐ 7858 and opposing party by 4:00 p.m. the court day before the hearing. At the time of requesting oral argument, the requesting party shall leave a voice message to advise the clerk that it has notified the opp...

Excerpt: ...Zoom ID is: 841 204 6267. Consistent with Local Rule 1.06(B), any party requesting oral argument on any matter on this calendar must comply with the following procedure. To request oral argument, you must call the Department 53 clerk at (916) 874‐ 7858 and opposing party by 4:00 p.m. the court day before the hearing. At the time of requesting oral argument, the requesting party shall leave a voice message to advise the clerk that it has notifie...

Excerpt: ...Defendant Department of General Services (“DGS”) demurrer to Plaintiff CHP Facility ‐ Chico, LLC's (“Plaintiff”) first amended complaint (“FAC”) is ruled upon as follows. Overview This action arises from a construction and leasing agreement between DGS and Plaintiff (“Agreement”). The Agreement was signed on 4/18/2014, with two subsequent amendments changing the commencement date of the lease. Amendment Two changed the commencem...

Excerpt: ...dant declares that she first learned of this action on March 11, 2020. (Bradshaw Decl. ¶ 1.) At that time, she received correspondence from the law office of Rausch Sturm, purporting to attempt to collect a debt. Though not apparently explained to Defendant, the original debt was $5,127.27 and arose out of a consumer debt. [ROA 1.] Worldwide Asset Purchasing II, LLC, purchased the debt from the original creditor and filed the action in May 2009....

Excerpt: ...denied in part; no party requested oral arguments and the tentative ruling became the Court's minute order on October 20, 2020. Relevant to the instant motion, the October 20 order denied Plaintiffs' motion as to Request Nos. 28, 30, 31, and 40 to the extent that the motion sought to compel Defendant to produce the actual documents requested, but qualified the denial as being without prejudice to the right to notice a motion to compel compliance ...

Excerpt: ...vided to her dog. On April 23, 2020, Defendant served special interrogatories and a request for production of documents on Plaintiff. Plaintiff failed to respond to the discovery requests. Having failed to obtain responses to the discovery requests, Defendant filed motions to compel the responses, which Plaintiff did not oppose and which this Court granted on August 27, 2020 (special interrogatories) and October 6, 2020 (request for production of...

Excerpt: ...the FAC contain causes of action for breach of contract, fraud, and intentional tort. All causes of action are alleged as against Len Reid Reynoso. Only the causes of action for fraud and intentional tort are asserted against Defendants. The causes of action for fraud and intentional tort are supported by the same allegations of fact, while the sum and substance of the breach of contract cause of action is that “Defendant Len Reid Reynoso was r...

Excerpt: ...t 53 Zoom ID is: 841 204 6267. Consistent with Local Rule 1.06(B), any party requesting oral argument on any matter on this calendar must comply with the following procedure. To request oral argument, you must call the Department 53 clerk at (916) 874‐ 7858 and opposing party by 4:00 p.m. the court day before the hearing. At the time of requesting oral argument, the requesting party shall leave a voice message to advise the clerk that it has no...

Excerpt: ...ment in an attempt to obtain leave to amend, they shall be prepared to specifically discuss the new or different facts which may now be alleged in good faith to overcome the deficiencies noted below. *** Factual Background Plaintiffs purchased the subject property in 2002 and subsequently re‐financed it 2005. Plaintiffs requested and received loan modifications in 2008, 2009, 2011 and 2014. Plaintiffs went into default again in 2016 and foreclo...

Excerpt: ...atters. The Department 53 Zoom ID is: 841 204 6267. Consistent with Local Rule 1.06(B), any party requesting oral argument on any matter on this calendar must comply with the following procedure. To request oral argument, you must call the Department 53 clerk at (916) 874‐ 7858 and opposing party by 4:00 p.m. the court day before the hearing. At the time of requesting oral argument, the requesting party shall leave a voice message to advise the...

Excerpt: ...The Department 53 Zoom ID is: 841 204 6267. Consistent with Local Rule 1.06(B), any party requesting oral argument on any matter on this calendar must comply with the following procedure. To request oral argument, you must call the Department 53 clerk at (916) 874‐ 7858 and opposing party by 4:00 p.m. the court day before the hearing. At the time of requesting oral argument, the requesting party shall leave a voice message to advise the clerk t...

Excerpt: ... Required” matters. The Department 53 Zoom ID is: 841 204 6267. Consistent with Local Rule 1.06(B), any party requesting oral argument on any matter on this calendar must comply with the following procedure. To request oral argument, you must call the Department 53 clerk at (916) 874‐ 7858 and opposing party by 4:00 p.m. the court day before the hearing. At the time of requesting oral argument, the requesting party shall leave a voice message...

Excerpt: ...s. The Department 53 Zoom ID is: 841 204 6267. Consistent with Local Rule 1.06(B), any party requesting oral argument on any matter on this calendar must comply with the following procedure. To request oral argument, you must call the Department 53 clerk at (916) 874‐ 7858 and opposing party by 4:00 p.m. the court day before the hearing. At the time of requesting oral argument, the requesting party shall leave a voice message to advise the cler...

Excerpt: ...d” matters. The Department 53 Zoom ID is: 841 204 6267. Consistent with Local Rule 1.06(B), any party requesting oral argument on any matter on this calendar must comply with the following procedure. To request oral argument, you must call the Department 53 clerk at (916) 874‐ 7858 and opposing party by 4:00 p.m. the court day before the hearing. At the time of requesting oral argument, the requesting party shall leave a voice message to advi...

Excerpt: ...ughters. Thereafter, she began a relationship with plaintiff and in 1997, they had a daughter together and plaintiff was ordered to provide child support. The parties eventually separated but in 2005, after resuming a relationship with plaintiff, defendant added plaintiff to the title and jointly obtained a mortgage loan. In 2010, when the loan exceeded the property's value, the parties' relationship ended and plaintiff defaulted on his child sup...

Excerpt: ...to “Appearance Required” matters. The Department 53 Zoom ID is: 841 204 6267. Consistent with Local Rule 1.06(B), any party requesting oral argument on any matter on this calendar must comply with the following procedure. To request oral argument, you must call the Department 53 clerk at (916) 874‐ 7858 and opposing party by 4:00 p.m. the court day before the hearing. At the time of requesting oral argument, the requesting party shall leave...

Excerpt: ... This will also apply to “Appearance Required” matters. The Department 53 Zoom ID is: 841 204 6267. Consistent with Local Rule 1.06(B), any party requesting oral argument on any matter on this calendar must comply with the following procedure. To request oral argument, you must call the Department 53 clerk at (916) 874‐ 7858 and opposing party by 4:00 p.m. the court day before the hearing. At the time of requesting oral argument, the reques...

Excerpt: ...ing options]. This will also apply to “Appearance Required” matters. The Department 53 Zoom ID is: 841 204 6267. Consistent with Local Rule 1.06(B), any party requesting oral argument on any matter on this calendar must comply with the following procedure. To request oral argument, you must call the Department 53 clerk at (916) 874‐ 7858 and opposing party by 4:00 p.m. the court day before the hearing. At the time of requesting oral argumen...

Excerpt: ...nt to Perform, Breach of Oral Contract, and Conversion. General allegations common to the causes of action are set forth in paragraphs 4 ‐ 23 of the complaint: 4. Around late August and early September of 2016, Plaintiff was asked by his mother HENU YU to borrow money to purchase a home in the Sacramento region of California. 5. At this time. Plaintiff was only aware that his mother had recently moved to Sacramento and suspected that she wanted...

Excerpt: ...rs. The Department 53 Zoom ID is: 841 204 6267. Consistent with Local Rule 1.06(B), any party requesting oral argument on any matter on this calendar must comply with the following procedure. To request oral argument, you must call the Department 53 clerk at (916) 874‐ 7858 and opposing party by 4:00 p.m. the court day before the hearing. At the time of requesting oral argument, the requesting party shall leave a voice message to advise the cle...

Excerpt: ...ifferent capacities from March 18, 2002 until June 2018. (FAC ¶ 5.) On her date of hire, she signed several agreements with Intel, including an Employment Agreement and a Discipline and Discharge Guideline Agreement. (FAC ¶ 6.) Said agreements are attached as exhibits to the FAC and incorporated by reference therein. (Ibid.) The Employee Agreement provides in pertinent part that Plaintiff's employment with Intel is “at‐will[,]” meaning �...

Excerpt: ...ent 53 Zoom ID is: 841 204 6267. Consistent with Local Rule 1.06(B), any party requesting oral argument on any matter on this calendar must comply with the following procedure. To request oral argument, you must call the Department 53 clerk at (916) 874‐ 7858 and opposing party by 4:00 p.m. the court day before the hearing. At the time of requesting oral argument, the requesting party shall leave a voice message to advise the clerk that it has ...

Excerpt: ...n arises out of Plaintiffs' purchase of real property located at 9581 Jeffcot Road in Wilton, CA (the “Property”) from Defendant Jarrod Schnabel. Homeguard performed the inspections of the Property. The Complaint alleges causes of action for negligence, breach of fiduciary duty, breach of contract, fraud and deceit, negligent misrepresentation, and declaratory relief. Only the causes of action for negligence and declaratory relief are alleged...

Excerpt: ...procedure. If Meadows' counsel is unable to contact Plaintiff's counsel prior to the hearing, Meadows' counsel shall be available at the hearing, by CourtCall or Zoom as stated in the introductory NOTICE to today's Tentative Rulings, in the event Plaintiff's counsel appears without following the procedures set forth in Local Rule 1.06(B). Evidentiary Objections Plaintiff Rashelle Cota's (“Plaintiff”) objection to the evidence submitted in Mea...

Excerpt: ...ive ruling procedure. If Defendants' counsel is unable to contact Plaintiff's counsel prior to the hearing, Defendants' counsel shall be available at the hearing, by CourtCall or Zoom as stated in the introductory NOTICE to today's Tentative Rulings, in the event Plaintiff's counsel appears without following the procedures set forth in Local Rule 1.06 (B). Defendants' Petition to Compel Arbitration and Stay Judicial Proceedings is GRANTED. The Co...

Excerpt: ...rtment 53 Zoom ID is: 841 204 6267. Consistent with Local Rule 1.06(B), any party requesting oral argument on any matter on this calendar must comply with the following procedure. To request oral argument, you must call the Department 53 clerk at (916) 874‐ 7858 and opposing party by 4:00 p.m. the court day before the hearing. At the time of requesting oral argument, the requesting party shall leave a voice message to advise the clerk that it h...

Excerpt: ...The Department 53 Zoom ID is: 841 204 6267. Consistent with Local Rule 1.06(B), any party requesting oral argument on any matter on this calendar must comply with the following procedure. To request oral argument, you must call the Department 53 clerk at (916) 874‐ 7858 and opposing party by 4:00 p.m. the court day before the hearing. At the time of requesting oral argument, the requesting party shall leave a voice message to advise the clerk t...

Excerpt: ...matters. The Department 53 Zoom ID is: 841 204 6267. Consistent with Local Rule 1.06(B), any party requesting oral argument on any matter on this calendar must comply with the following procedure. To request oral argument, you must call the Department 53 clerk at (916) 874‐ 7858 and opposing party by 4:00 p.m. the court day before the hearing. At the time of requesting oral argument, the requesting party shall leave a voice message to advise th...

Excerpt: ...Appearance Required” matters. The Department 53 Zoom ID is: 841 204 6267. Consistent with Local Rule 1.06(B), any party requesting oral argument on any matter on this calendar must comply with the following procedure. To request oral argument, you must call the Department 53 clerk at (916) 874‐ 7858 and opposing party by 4:00 p.m. the court day before the hearing. At the time of requesting oral argument, the requesting party shall leave a voi...

Excerpt: ...earance Required” matters. The Department 53 Zoom ID is: 841 204 6267. Consistent with Local Rule 1.06(B), any party requesting oral argument on any matter on this calendar must comply with the following procedure. To request oral argument, you must call the Department 53 clerk at (916) 874‐ 7858 and opposing party by 4:00 p.m. the court day before the hearing. At the time of requesting oral argument, the requesting party shall leave a voice ...

Excerpt: ...equired” matters. The Department 53 Zoom ID is: 841 204 6267. Consistent with Local Rule 1.06(B), any party requesting oral argument on any matter on this calendar must comply with the following procedure. To request oral argument, you must call the Department 53 clerk at (916) 874‐ 7858 and opposing party by 4:00 p.m. the court day before the hearing. At the time of requesting oral argument, the requesting party shall leave a voice message t...

Excerpt: ...ce Required” matters. The Department 53 Zoom ID is: 841 204 6267. Consistent with Local Rule 1.06(B), any party requesting oral argument on any matter on this calendar must comply with the following procedure. To request oral argument, you must call the Department 53 clerk at (916) 874‐ 7858 and opposing party by 4:00 p.m. the court day before the hearing. At the time of requesting oral argument, the requesting party shall leave a voice messa...

Excerpt: ...Zoom ID is: 841 204 6267. Consistent with Local Rule 1.06(B), any party requesting oral argument on any matter on this calendar must comply with the following procedure. To request oral argument, you must call the Department 53 clerk at (916) 874‐ 7858 and opposing party by 4:00 p.m. the court day before the hearing. At the time of requesting oral argument, the requesting party shall leave a voice message to advise the clerk that it has notifie...

Excerpt: ...er that cause of action is brought by Silvia Hernandez, Sissi Perez, or both. Any Third Amended Complaint shall fully comply with California Rules of Court, rule 2.112(3). Analysis: The plaintiff has failed to allege facts giving rise to a duty of care. “‘[A]n omission to perform a contract obligation is never a tort, unless that omission is also an omission of a legal duty.' " (Applied Equipment Corp. v. Litton Saudi Arabia Ltd. (1994) 7 Cal...

Excerpt: ...heft of Plaintiff's employees, customers and trade secret information. (SAC, ¶ 1.) Plaintiff alleges Defendants participated in a plan in which RDS interfered with Plaintiff's business by organizing a mass exodus of Plaintiff's employees from Plaintiff to RDS and luring Plaintiff's customers. (Ibid.) Mr. Hilliard and Mr. Reyes are alleged to be former high‐ ranking employees of Plaintiff that organized the en masse resignation of employees fro...

Excerpt: ...breaches of warranty, and fraudulent concealment and omission of the defects. KMA demurs to the third cause of action for violation of Civ. Code § 1793.2(a)(3), the sixth cause of action for fraud by omission, and the seventh cause of action for violation of the Consumer Legal Remedies Act (“CLRA”). Third Cause of Action ‐ Violation of Civ. Code § 1793.2(a)(3) Plaintiff's third cause of action alleges a violation of subdivision(a)(3) of C...

Excerpt: ... The Department 53 Zoom ID is: 841 204 6267. Consistent with Local Rule 1.06(B), any party requesting oral argument on any matter on this calendar must comply with the following procedure. To request oral argument, you must call the Department 53 clerk at (916) 874‐ 7858 and opposing party by 4:00 p.m. the court day before the hearing. At the time of requesting oral argument, the requesting party shall leave a voice message to advise the clerk ...

Excerpt: ... Department 53 Zoom ID is: 841 204 6267. Consistent with Local Rule 1.06(B), any party requesting oral argument on any matter on this calendar must comply with the following procedure. To request oral argument, you must call the Department 53 clerk at (916) 874‐ 7858 and opposing party by 4:00 p.m. the court day before the hearing. At the time of requesting oral argument, the requesting party shall leave a voice message to advise the clerk that...

Excerpt: ...y to “Appearance Required” matters. The Department 53 Zoom ID is: 841 204 6267. Consistent with Local Rule 1.06(B), any party requesting oral argument on any matter on this calendar must comply with the following procedure. To request oral argument, you must call the Department 53 clerk at (916) 874‐ 7858 and opposing party by 4:00 p.m. the court day before the hearing. At the time of requesting oral argument, the requesting party shall lea...

Excerpt: ...ers. The Department 53 Zoom ID is: 841 204 6267. Consistent with Local Rule 1.06(B), any party requesting oral argument on any matter on this calendar must comply with the following procedure. To request oral argument, you must call the Department 53 clerk at (916) 874‐ 7858 and opposing party by 4:00 p.m. the court day before the hearing. At the time of requesting oral argument, the requesting party shall leave a voice message to advise the cl...

Excerpt: ...t 53 Zoom ID is: 841 204 6267. Consistent with Local Rule 1.06(B), any party requesting oral argument on any matter on this calendar must comply with the following procedure. To request oral argument, you must call the Department 53 clerk at (916) 874‐ 7858 and opposing party by 4:00 p.m. the court day before the hearing. At the time of requesting oral argument, the requesting party shall leave a voice message to advise the clerk that it has no...

Excerpt: ...d 436(a), and Civil Code section 3294. The portion of the Complaint that sets forth the prayer for punitive damages is at page 17, paragraph 4, and page 10, paragraph 55, lines 18‐19. The motion is based on Defendant Smoke 4 Less's contention that Plaintiff's Complaint does not plead sufficient facts to support a claim for punitive damages. On October 15, 2020, this Motion was continued so that the parties could comply with the meet and confer ...

Excerpt: ... matters. The Department 53 Zoom ID is: 841 204 6267. Consistent with Local Rule 1.06(B), any party requesting oral argument on any matter on this calendar must comply with the following procedure. To request oral argument, you must call the Department 53 clerk at (916) 874‐ 7858 and opposing party by 4:00 p.m. the court day before the hearing. At the time of requesting oral argument, the requesting party shall leave a voice message to advise t...

Excerpt: ...rt now rules on the motion as follows. *** If oral argument is requested, the parties must at the time oral argument is requested notify the clerk and opposing counsel of the specific discovery requests 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. *** Plaintiffs' notice of motion does not provide notice of the Court's tentative rul...

Excerpt: ...of the parties' objections to evidence will be addressed at the hearing. The parties should be prepared to point to specific admissible evidence already in the record which is claimed to show the existence or nonexistence of a triable issue of material fact. *** Overview This personal injury action arises out of a February 2018 incident in which plaintiff “tripped over a 6” to 8” raised curb protruding up from a sidewalk on the northeast co...

Excerpt: ...tters. The Department 53 Zoom ID is: 841 204 6267. Consistent with Local Rule 1.06(B), any party requesting oral argument on any matter on this calendar must comply with the following procedure. To request oral argument, you must call the Department 53 clerk at (916) 874‐ 7858 and opposing party by 4:00 p.m. the court day before the hearing. At the time of requesting oral argument, the requesting party shall leave a voice message to advise the ...

Excerpt: ...roceedings. In short, this action arises out of a Ponzi scheme carried out by Deepal Wannakuwatte (“Deepal”) and his business, International Manufacturing Group, Inc. (“IMG”). Plaintiffs allege that the defendants, consisting of CB&T and its employees, aided and abetted this scheme and caused significant monetary damage to plaintiffs. The operative Complaint (“1AC”) asserts causes of action for aiding and abetting breach of fiduciary ...

Excerpt: ...ID is: 841 204 6267. Consistent with Local Rule 1.06(B), any party requesting oral argument on any matter on this calendar must comply with the following procedure. To request oral argument, you must call the Department 53 clerk at (916) 874‐ 7858 and opposing party by 4:00 p.m. the court day before the hearing. At the time of requesting oral argument, the requesting party shall leave a voice message to advise the clerk that it has notified the...

Excerpt: ...uth of the intersection with Hurley Way in Sacramento County (the “Bus Stop”). A vehicle driven by Defendant Elisa Loya pulled out of a commercial parking lot into the path of a second vehicle driven by Defendant Alexis Saul Mandujano. The two vehicles collided, causing Mandujano's vehicle to strike Plaintiff at the Bus Stop. The First Amended Complaint (“FAC”) alleges six causes of action. Only the third cause of action for premises liab...

Excerpt: ... amended complaint (“FAC”). Defendant requested supplemental briefing on its argument that Plaintiff fails to allege “actual innocence.” The court granted Defendant's request and has received both parties' supplemental briefs. The court now rules as follows, solely on the issue of “actual innocence”, and incorporates fully herein its prior tentative ruling with respect Defendant's other arguments. Oral argument will only be allowed on...