Excerpt: ...ment 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: ... P. Ludke and Kay K. Anderson as Trustees (“Trustees”) of the Ludke‐Anderson Revocable Trust Dated May 28, 2003 (“Trust”)(collectively “Defendants”) is ruled upon as follows. This is an action for Breach of Contract and Guaranty. Plaintiff alleges that Jones, Ludke, and Wilson are or were shareholders and/or officers of C+D at all material times. Plaintiff alleges that on 2/4/2014, it entered into a Business Loan Agreement with C+D ...

Excerpt: ...sts, are ruled upon as follows. The Plaintiff's requests for judicial notice are granted as to Exhibits A, F, G, J, K, O. The requests are denied as to Exhibits H and I. This grant of judicial notice is subject to the evidentiary limitations and purposes for which such matters may be judicially noticed. While the existence of documents in a court file may be judicially noticed, the truth of the matters asserted in those documents, including the f...

Excerpt: ...partment 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...

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: ...epartment 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 i...

Excerpt: ...(hereinafter "Dr. Si".) Dr. Si filed a previous demurrer to the original Complaint, which was sustained in its entirety by the Court on February 7, 2020. (Whatley Dec. ¶3.) Plaintiffs Xin Liu and newly added plaintiff A.R. Ngai then filed a First Amended Complaint on February 21, 2020. (Whatley Decl. ¶4). The First Amended Complaint alleges medical negligence, negligent infliction of emotional distress, intentional infliction of emotional distr...

Excerpt: ...t Tran's crosscomplaint is DENIED as set forth below. The motion of Cross‐Defendant Quang V. Luong (“Luong”) for summary judgment or in the alternative summary adjudication against Tran's cross‐complaint is DENIED as set forth below. Tran opposes the motions. This action involves a contract dispute arising from the sale of a business interest between Tran and Vector in July 2015. Under the agreement, Vector sold to Tran a 20% membership i...

Excerpt: ...ance 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 mes...

Excerpt: ...nsisting of a 266‐page separate statement, and a supporting declaration comprising 226 pages of material. The omnibus motion format significantly complicated focused individualized analysis on the very different merits of each deposition notice topic and evaded $300 of additional motion fees. The six motions are ruled upon as set forth below. Plaintiffs move to compel the production of deponents and documents responsive to six separate PMQ depo...

Excerpt: ...tment 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 ha...

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: ...n which the parties state that “Defendant has now significantly limited the scope of the pending issues[,]” and is no “longer . . . seeking further amended responses to [its] Special Interrogatories.” (Joint Disc. Statement 1:22‐26.) The Court now decides the discovery disputes which remain at issue. Request for Production of Documents Nos. 1‐4, 6‐9, 11‐15, 18‐23, 29‐30 Defendant moves for further responses to Request for Prod...

Excerpt: ...the 15 pages permitted “does not include the caption page, . . . the table of contents, [and] the table of authorities.” Excluding said pages from Plaintiff's opposition, it is 16 pages, and only four lines of text are on the 16th page. The Court, in its discretion, considers the entirety of Plaintiff's opposition. Moreover, the four lines of text on the 16th page of the opposition do not affect the Court's ruling on the motion. This is a neg...

Excerpt: ...��PCA”) in June 2017. Defendants David Burkhart and Bradley Burkhart guaranteed the License Agreement. Pursuant to the License Agreement, PCA had the right to non‐exclusive possession of HBB's property on Power Inn Road in Sacramento, CA (the “Property”). Pursuant to the terms of the License Agreement, PCA did business at the Property from approximately June 1, 2017, through February 2020. HBB sent a letter dated February 13, 2020, to PCA...

Excerpt: ...'s care as a resident at their assisted living facility. Plaintiffs are the Decedent's surviving spouse and adult children. The Complaint alleges three causes of action for: 1) negligence, 2) breach of contract, and 3) wrongful death. Plaintiffs allege in the Complaint in pertinent part as follows: “11. Mrs. Baker was admitted to Fair Oaks Estates' senior assisted living facility as a patient on July 8, 2019. Although Mrs. Baker had suffered a ...

Excerpt: ...�) opposes. Plaintiff's Request for Judicial Notice, which attaches copies of Court records in this action and the AAA supplementary rules for class arbitrations, is unopposed and 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 t...

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: ...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: ...ccount with Defendant. (Compl. ¶ 59.) When opening the account, Plaintiff alleged entered into an agreement ("account agreement") that included "overdraft" and "overdraft privilege service" provisions governing instances in which an account is overdrawn. (Id. ¶¶ 31‐32.) On some occasions, Defendant allegedly improperly assessed overdraft fees because it determined sufficiency of funds based on an account's "available balance" ‐ the actual ...

Excerpt: ... Notice (“Def.'s RJN”), which attaches court filings in other actions, is unopposed and 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....

Excerpt: ...�Defendant”). In other words, BANA is willing to produce the requested documents, but wishes to keep them confidential and used solely for purposes of this action. The proposed protective order was filed with the moving papers. (Register of Actions (“ROA”) 53.) Defendant opposes. The discovery statutes expressly authorize the Court to enter a protective order restricting the method of disclosure of trade secrets, confidential research, or c...

Excerpt: ... 3.1110(b)(3)‐(4). Factual Background Plaintiffs Singh and Dev filed this action on 12/17/2019 against several defendants including defendants Bains, Kumar and Kaur. The verified complaint purports to assert a total of five causes of action for breach of fiduciary duty, “fraud,” elder financial abuse, elder financial abuse and conversion. The claim against defendant Bains is premised on his alleged misconduct as a Notary Public in connectio...

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: ...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: ... order. The Court now rules on defendant's motion to compel plaintiff's further responses, as follows. *** If oral argument is requested, the parties must at the time oral argument is requested notify the clerk and the opposing party of 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. *** Defendant f...

Excerpt: ...rt records in this action and the AAA supplementary rules for class arbitrations, is unopposed and 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) 2...

Excerpt: ...3 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 notifi...

Excerpt: ...as GAL for Plaintiff on 7/10/2020. Defendant seeks to remove the GAL on grounds that: (1) Plaintiff does not need a GAL because in February 2020, Defendant's “activities director” conducted a cognitive analysis of Plaintiff and found her to have adequate mental capacity; and (2) Defendant suspects that the GAL has interests adverse to Plaintiff because in 2015, Defendant suspected the GAL of financial elder abuse against Plaintiff because of ...

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...

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: ... immaterial to the Court's decision on the motion. Evidentiary Objections The Court declines to rule on Defendants' evidentiary objection since the subject evidence is immaterial to disposition of the motion. Overview This action concerns whether Defendants and an additional insurer, Defendant United Specialty Insurance Company, owe Plaintiff a duty of defense and indemnification in a civil action filed by Chelsea Hall against Plaintiff and his d...

Excerpt: ...loyment Background Plaintiff began working for the Regents in 1998 as a MOSC II. (Pl.'s Separate Statement in Opp'n to Mot. (“SS”) No. 1.) Plaintiff thereafter held various positions at the UC Davis Comprehensive Cancer Center (“Cancer Center”), including MOSC III, MOSC IV, and MOSC V. (SS No. 2.) Around 2012, Walter Knowles became the Practice Manager of the Cancer Center. (SS No. 3.) In this role, he managed the Cancer Center's clinical...

Excerpt: ...Objections The Court does not reach Plaintiff Devinderjit Singh's (“Plaintiff”) objections to Defendant's evidence in support of his motion since the subject evidence is immaterial to the Court's decision on the motion. Background This derivative action arises out of a dispute over Nori Orchards, LLC (the “Company”), a company previously owned by Plaintiff and Defendant. Plaintiff and Defendant formed the Company in 2018 for the purpose o...

Excerpt: ...rt to have certain transmission and engine defects repaired. Plaintiff alleges GM failed to repair the defects or repurchase the subject vehicle in violation of the Song‐Beverly Consumer Warranty Act (the "Act"). He further alleges that GM's violations were willful, entitling him to treble damages under the Act. Relevant to this motion, Plaintiff previously filed a motion to compel further responses to this same set of document requests. In rul...

Excerpt: ... 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 not...

Excerpt: ...ters. 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 c...

Excerpt: ...e 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 tha...

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: ...tment 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 ha...

Excerpt: ...quired” 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...

Excerpt: ...ssert causes of action for negligence and intentional infliction of emotional distress based on events occurring while he was incarcerated. It appears that plaintiff contends defendants, who appear to be employees of the California Department of Corrections and Rehabilitation (“CDCR”), negligently or intentionally caused his concurrent sentences to be changed to consecutive sentences, extending his incarceration period by more than eight mont...

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: ...nduct additional discovery. The Court now rules as follows. *** If oral argument is requested, the parties are directed to notify the clerk and opposing counsel at the time of the request which of moving defendant's 15 Undisputed Material Facts, which of opposing plaintiff's 32 Additional Material Facts and/or which objections to evidence will be addressed at the hearing. The parties should be prepared to point to specific admissible evidence alr...

Excerpt: ...y the clerk and the opposing party of 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 comply with Code of Civil Procedure §1010 or CRC Rule 3.1110(a). Both moving and opposing counsel failed to comply with CRC Rule 3.1110(b)(3)‐(4). Factual Background This is an ...

Excerpt: ...Plaintiff's vehicle got a flat tire for which she called AAA for assistance but AAA declined to respond as plaintiff had already exhausted her four allotted service calls for the year. Plaintiff then decided to walk to the nearby Walmart to purchase tools needed to change her flat tire and as she was crossing the street, plaintiff was struck by a vehicle driven by Andrade who was on her cell phone and driving without headlights. Plaintiff commenc...

Excerpt: ...arance 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 m...

Excerpt: ...ters. 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 c...

Excerpt: ...to an infestation of bedbugs. Plaintiff alleges that he moved into the apartments in June 2015 but nearly a year later, in April 2016, he began to experience physical injury that he came came to believe was caused by bedbugs. Plaintiff alleges he made three complaints to Stonegate management. On the first two occasions, "management admitted that there was a bedbug problem, but informed [plaintiff] that it was his problem and he had to pay to have...

Excerpt: ...pearance 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...