Excerpt: ...lectively, “Defendants”) demurrer to Plaintiff in pro per Larry Redic's (“Plaintiff”) complaint is ruled upon as follows. Defendants' request for judicial notice of Executive Order N‐ 33‐20 is granted. The Court declines to take judicial notice that the Order “does not establish specific COVID ‐19 safety protocols for California's prisons.” (See, Def.'s RJN at 1:26‐27.) The Court notes that Plaintiff filed an opposition on Aug...

Excerpt: ...10 employment causes of action under provisions of the Labor Code and FEHA. On November 4, 2021, the Court granted Plaintiff's former counsel's motion to withdraw as Plaintiff's counsel of record in this matter. (ROA 24.) Defendant had served Plaintiff's former counsel with a notice to take Plaintiff's deposition on September 10, 2021, with the deposition scheduled for November 2, 2021. (Moores Decl., ¶ 6, Exh. B.) Defendant later served an amen...

Excerpt: ...o file a response by November 1, 2022, which they did. The Court now addresses Plaintiffs' showing below. Background This is a lemon law action that was filed on March 18, 2014. Fourteen months later, on May 19, 2015, the parties reached a conditional settlement when Plaintiffs accepted Defendant FCA US LLC's (“Defendant”) CCP section 998 offer to compromise. Plaintiffs filed a notice of conditional settlement on October 28, 2015, which state...

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

Excerpt: ...ims stem from a home loan taken out by Defendant from Cal State 9 Credit Union (“CS9”) on or about October 18, 2006. The loan was secured by a second deed of trust and recorded with the Sacramento County Recorder's Office on May 1, 2007. The loan was ultimately sold to Plaintiff via an allonge executed by CS9 effective May 16, 2008. On July 14, 2008, an assignment of deed of trust was recorded with Sacramento County Recorder's Office transfer...

Excerpt: ...ff's motion is UNOPPOSED and ruled upon as follows. The notice of motion does not provide notice of the Court's tentative ruling system, as required by Local Rule 1.06. Plaintiff's counsel is directed to contact Defendant and advise Defendant of Local Rule 1.06 and the Court's tentative ruling procedure and the manner to request a hearing. If moving counsel is unable to contact Defendant prior to hearing, moving counsel is ordered to appear at th...

Excerpt: ...tion of this demurrer. The Court will not repeat the summary of the facts alleged in the complaint since it already summarized the facts in ruling on co‐defendant Trustee's demurrer. As pertinent here, Plaintiff alleges that Defendants purchased the Property from The Betty M. Comeau Trust, dated May 7, 2019, Brian A. Puiia, Successor Trustee. (Complaint, ¶ 2.) Defendants demur to the following “causes of action”: ∙ Quiet title on the gro...

Excerpt: ...ons in the amount of $247.50. (Wright Decl., ¶ 7; ROA 25.) On March 17, 2022, the Court denied a prior motion for terminating sanctions on grounds of improper service. (Wright Decl., ¶ 11; ROA 45.) Defendant provided discovery responses in mid‐May. (Wright Decl., ¶ 13.) Plaintiff believed the responses were deficient and brought a motion to compel further responses, which was granted on July 27, 2022. (Wright Decl., ¶¶ 15‐ 16; ROA 69.) A...

Excerpt: ...line and several agreements relating thereto, one of which contains an arbitration clause. More specifically, the “Cotenancy Agreement” dated 6/1/1984 provides in Section 13.2 that “Disputes arising under this Agreement that have not been resolved under Sections 13.1 or 15.2.3 shall be settled through binding arbitration as provided in this Section 13.2.” Moving Papers. Petitioners now seek compel arbitration of their claims against DWR a...

Excerpt: ... a result of injuries sustained by Plaintiff. The parties agree that some mental examination of Plaintiff is appropriate. However, despite their meet and confer efforts, the parties were unable to resolve whether 1) there is good cause to conduct the mental examination in Palo Alto, more than 75 miles from Plaintiff's residence, 2) whether the exam may include the Calibrated Neuropsychological Normative System (“CNNS”) test, and 3) whether De...

Excerpt: ...ommodate and violations of the Labor Code. Plaintiff's discrimination, retaliation and failure to accommodate causes of action also include allegations that Defendant discriminated against her due to her association with her son, who suffered from depression, had special needs, and suicidal ideations. Plaintiff alleges that she requested a reasonable accommodation for her son's disability, but Defendant failed to accommodate her request. She furt...

Excerpt: ... a hearing. If moving counsel is unable to contact opposing counsel prior to hearing, moving counsel is ordered to appear at the hearing by Zoom or by telephone. Background Plaintiff initiated this wrongful termination action against Defendant Safeway Inc. (“Defendant”) on July 18, 2019. Plaintiff's complaint included a total of seventeen causes of action. The first 11 causes of action were brought under the Fair Employment and Housing Act (�...

Excerpt: ...d by Local Rule 1.06, and does not provide the correct address for Dept. 53/54. Moving counsel is directed to contact opposing 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 by Zoom or by telephone....

Excerpt: ...ourt's tentative ruling procedure and the manner to request a hearing. If moving counsel is unable to contact opposing counsel prior to hearing, moving counsel is ordered to appear at the hearing. This action arises out of an incident that occurred on August 25, 2018, wherein plaintiff Miguel Ledezma (“Plaintiff”) was replacing wood siding around the exterior of Defendant's home. Plaintiff stepped onto the roof and awning above a first‐floo...

Excerpt: ...pposing counsel and advise of Local Rule 1.06 and the Court's tentative ruling procedure and the manner to request a hearing. If moving counsel is unable to contact opposing counsel prior to hearing, moving counsel is ordered to appear at the hearing. This motion concerns a $15,000 Contractor's License Bond issued by ACIC to Swan Engineering, Inc. as principal pursuant to Business and Professions Code sections 7071.5 and 7071.11. (Hayes Decl. ¶ ...

Excerpt: ...3(f), requiring both a table of contents and table of authorities when a brief exceeds ten pages (when such page length is permissible). To the extent plaintiffs' Reply proffers “new evidence” which the opposition did not have an opportunity to address, the “new evidence” was not considered by the Court. Defendants' three written objections to the Murphy Declaration in Reply are sustained. Factual Background This is an action for wrongful...

Excerpt: ...he Court's tentative ruling system as required by Local Rule 1.06(D). Plaintiff is ordered to notify Defendants immediately of the tentative ruling system and the manner to request a hearing. If Plaintiff is unable to contact Defendants prior to hearing, Plaintiff is ordered to appear at the hearing. On September 2, 2020, Plaintiff submitted her written notice under Labor Code § 2699.3 (the "PAGA Notice") to the Labor and Workforce Development A...

Excerpt: ... stop initiated by Rose. Plaintiff filed her original Complaint on August 12, 2021, her First Amended Complaint on November 30, 2021, and the operative 2AC on June 16, 2022. (ROAs 1, 8, 21.) The 2AC alleges causes of action for negligence (Gov. Code § 815.2(a), assault, Ralph Act violation (Civ. Code § 51.7), and Bane Act violation (Civ. Code §§ 52.1 and 52.) This is the first challenge to the pleading. The following facts are alleged in the ...

Excerpt: ... 54 Cal.App.4th 216, 219; Nordlinger v. Lynch (1990) 225 Cal.App.3d 1259, 1271; Boyle v. City of Redondo Beach (1999) 70 Cal.App.4th 1109, 1114, fn. 2.) “If the complaint states a cause of action under any theory, regardless of the title under which the factual basis for relief is stated, that aspect of the complaint is good against demurrer." (Quelimane Co. v. Stewart Title Guaranty Co. (1998) 19 Cal.4th 26, 38‐39; Bagatti v. Dept. of Rehabi...

Excerpt: ...theless considered, although it did not alter the outcome of this motion. The Borkowski Declaration filed on 11/7/2022 in support of Request for Judicial Notice was also not timely filed or served and was not considered because it was filed after the reply papers, depriving defendant Mayfield of an opportunity to address it in the reply papers. But even assuming it were considered and judicial notice of the attached documents were granted, judici...

Excerpt: ... § 425.16. (ROA 205.) A formal judgment was entered in Defendants favor on October 19, 2022. (ROA 231.) The judgment indicates attorney fees and costs shall be separately sought. (ROA 231.) On August 26, 2022, Defendants filed the instant motion seeking an award of attorney's fees in the amount of $50,982.50 for 131.5 hours of work and costs in the amount of $1,935.18. Plaintiff opposes the motion. In sum, Plaintiff argues the fees should not be...

Excerpt: ...�). In filing that petition, SCA also moved to seal essentially the entire petition and accompanying exhibits, which constituted thousands of pages. Sutter opposed the motion to seal in part and also filed an opposition to the petition to vacate with a narrower motion to seal portions of the opposition. Sutter also filed its own petition to confirm the award. As a result of the parties' dispute over the breadth of the proposed sealing of the resp...

Excerpt: ...sault and intentional infliction of emotional distress. Plaintiff David Zelnick, individual, and as trustee of the David D. Zelnik Trust dated June 12, 2013 alleges that he and Defendants own neighboring properties (“Properties”). (FAC, ¶P 7‐8.) The Properties are located in a common interest development commonly referred to as the Oaks at Carmichael (“the Oaks”). Both Properties are rentals. (Id.) Plaintiff alleges that Defendants ins...

Excerpt: ...nts' motion to compel Plaintiff's initial responses is DENIED since Plaintiff served responses to the discovery prior to Defendants filing of the motion. Defendants' alternative motion to compel Plaintiff's further responses is GRANTED. Plaintiff filed a “partial opposition.” As an initial matter the Court is not persuaded by Plaintiff's argument that the discovery is defective because Holt did not sign the discovery requests. Plaintiff proff...

Excerpt: ...and charges against Hall were dismissed. On December 27, 2020, Hall purportedly submitted a Claim for Damages and Restitution to the Sacramento County Board of Supervisors ("Claims") (although no such Claim is submitted with the Petition). Although Hall suggests that the Board of Supervisors did not respond to his Claim, Hall submits Notice of insufficiency from January 11, 2021, stating that the Claim failed, for a number of reasons, to substant...

Excerpt: ...t and Plaintiffs. On August 29, 2022, Plaintiffs filed an Application for Good Faith Settlement Determination. Plaintiffs have settled with non‐party insured Julie P. Armenta (“Armenta”) for $1,000,000 in exchange for Plaintiffs' full and complete release of Armenta, and waiver of all residual rights otherwise reserved by California Civil Code §1542 against her, associated with all claims against her arising from or relating to an auto/ped...

Excerpt: ...ing party. Carolina's argument is based on its assertion that its motion for new trial was pending at the time the motion to strike was filed. Here, the motion to strike is denied as this Court granted Lexington's motion to be deemed the prevailing party on October 26, 2022. As the Court noted in that ruling, Carolina's motion for new trial was denied. (ROA 1130.) Next, Carolina moves to tax certain costs set forth in Lexington's cost memorandum,...

Excerpt: ... Neglect of an Elder and Dependent Adult; (2) Negligence/Negligence per Se; (3) Violation of Resident's Bill of Rights; (4) Fraud/Misrepresentation; (5) Financial Elder Abuse; (6) Unfair Business Practices pursuant to Business and Professions Code § 17200 and (7) Wrongful Death in connection with allegations related to the Decedent's residency at Empire Ranch Alzheimer's Care Center. Defendants seek to compel the matter to arbitration pursuant t...

Excerpt: ...roperty at a tax auction. The operative pleading is the verified Second Amended Complaint (“SAC”). The SAC indicates the subject property was previously owned by Nicholas Galabov. Prior to July 27, 2009, the City of Sacramento assessed fees for code enforcement totaling $8,945.23. (SAC, ¶ 7.) The SAC alleges the full amount of the fees were credited on February 22, 2016 and are no longer due. (SAC, ¶ 7.) As of August 31, 2016, there was a l...

Excerpt: ...lleged the following causes of action: (1) negligence, (2) negligent supervision/training/hiring/retention, (3) sexual battery, (4) assault, and (5) violation of civil rights under various provisions of the Civil Code. Plaintiffs' claims arise out of alleged sexual abuse that occurred in approximately 1988‐1990 when Plaintiffs were minors. (Complaint, ¶¶ 7‐ 11.) Plaintiffs are all now over 40‐years‐old. (Ibid.) The complaint identifies ...

Excerpt: ...r the Court ordered the FAC be filed. (See ROA 19.) However, the Court exercises its discretion to accept the late filing. (See Harlan v. Department of Transp. (2005) 132 Cal.App.4th 868, 874.) The FAC includes the following three causes of action: (1) quiet title, (2) breach of contract, and (3) declaratory relief. The declaratory relief cause of action is labeled as the “fifth cause of action.” Plaintiff alleges that she and her late husban...

Excerpt: ... owned by Defendant. (See Complaint.) Plaintiff alleges she visited Defendant's dealership to pick up her vehicle that had been serviced and repaired. (Id., ¶ 9.) Plaintiff was browsing used vehicles while waiting when she was approached by Defendant's salesperson who identified himself as “Jasper.” (Id., ¶ 10.) Jasper pressured Plaintiff into test driving a vehicle. (Id ., ¶ 11.) The test drive began with Jasper driving, at which time he ...

Excerpt: ... is ruled upon as follows. Defendants' request for judicial notice is granted. In taking judicial notice of court filings, the Court accepts the fact of their existence, not the truth of their contents. ( 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]; Sosinsky v. Grant (1992) 6 Cal.App.4th 1548, 1566.) Background and Allegations in the...

Excerpt: ... a.m. to participate in oral argument. To appear on Zoom telephonically, call (833) 568‐8864 and enter the Zoom ID: 16146506749. Defendant Sacramento County's (erroneously sued as Sacramento City and County) (“Defendant”) demurrer to incarcerated plaintiff in pro per Theodore Benjamin Vaden's (“Plaintiff”) Complaint is UNOPPOSED and SUSTAINED with leave to amend. Plaintiff filed his personal injury form complaint on November 29, 2021. T...

Excerpt: ...) inducing breach of contract; (2) intentional interference with contractual relations; (3) intentional interference with prospective economic relations; (4) negligent interference with prospective economic relations; (5) conversion; (6) violation of Business & Professions Code § 17200; and (7) unjust enrichment. The causes of action were premised on allegations that Defendants sent demand letters to Plaintiffs, sent document requests to Plainti...

Excerpt: ...erst, are also overruled. Background This is a personal injury/wrongful death case stemming from a car accident that occurred on May 24, 2006. Plaintiff Phoenix Kaplow (“Plaintiff”) was a passenger in a vehicle along with his mother, Chelsea Wood (“Decedent”). Plaintiff suffered physical injuries while Decedent died as a result of the accident. The vehicle involved was a 2005 Honda Civic owned by Defendant Latisha Custer (“Ms. Custer”...

Excerpt: ... and is GRANTED. Plaintiff, an incarcerated person proceeding in pro per, filed his Complaint alleging a sole cause of action for a preliminary injunction relating to his Public Records Act (“PRA”) request from Defendants. According to the moving papers (P&As at 2), Plaintiff Brian Adams (“Plaintiff”), a California state prison inmate, alleges defendants J. Shaffer and the Board of Parole Hearings violated the California Public Records Ac...

Excerpt: ... ended while occupying a 2002 Oldsmobile owned by their son, Michael Crawford, and daughter‐inlaw, Sara Crawford. At the time of the collision, Michael and Sara resided in the same household as Petitioner. Petitioner and her late husband maintained auto insurance, including underinsured motorist (UIM”) coverage, through Respondent CSAA (“Respondent”). The Oldsmobile was insured through Geico, who is not a party to this matter. Petitioner ...

Excerpt: ...ntain a heater on the property rented to Plaintiff by Defendants, which led to Plaintiff's carbon monoxide poisoning. Plaintiff claims to have suffered an irreversible brain injury and to have received extensive psychiatric treatment as a result of Defendants' conduct. Plaintiff's mental condition is at issue in this litigation. (CCP § 2032.020(a).) During the course of discovery, Plaintiff voluntarily submitted to two examinations: the first an...

Excerpt: ...ispute presented on this motion is whether a party is required to respond to discovery that is accompanied by a proof of service indicating service was defective when the propounding party subsequently provides an amended proof of service that clarifies the original service was proper. On February 10, 2022, Defendant served “all the discovery requests to Plaintiff” via mail and email. (Du Decl., ¶ 1.) The discovery was properly served by a n...

Excerpt: ...n matters. *** Plaintiff 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. Plaintiff's counsel shall notify Defendant's counsel of the correct address immediately. 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 c...

Excerpt: ...��Lead Case”) and In the Matter of: The Faith Faraci Revocable Living Trust, Case No. 34‐2020‐00283199 (the “Trust Action”). Plaintiff commenced the Lead Case by filing a complaint on June 2, 2020. The operative pleading in the Lead Case, the FAC was filed on August 26, 2020. (ROA 16.) The FAC identifies Mary Ann's Baking Co., Inc., Alfredo Moreno, George Demas and Faith Faraci as named defendants. (See FAC.) Defendant filed an answer o...

Excerpt: ...ter was argued and submitted. The Court continued the matter to today's date to permit Summer Palace to file a sur‐ reply by October 21, 2022, and plaintiffs E & A Monroy Holdings LLC (“E & A”) and SAI Supermarkets, Inc. dba Del Valle Supermarket (“Del Valle”) (collectively, “Plaintiffs”) to file a response by October 28, 2022. Having received Summer Palace's sur‐reply and Plaintiffs' response, the Court now rules as follows. Obje...

Excerpt: ...5814. Defendants Michael Egan and Silver Lining Properties (“SLP”) (collectively, “Defendants”) request for judicial notice is granted. Plaintiff filed this action on November 17, 2016, alleging 15 causes of action. The operative First Amended Complaint was filed on December 6, 2018, and alleges the following four causes of action: (1) financial elder abuse; (2) violation of California Business and Professions Code § 17200 et seq.; (3) f...

Excerpt: ...The complaint asserts that Michael Betz had shortly before the accident become intoxicated while attending a party hosted by his employer(s) identified as Doe Defendants 11‐100 and purports to allege three separate causes of action: Negligence against Michael Betz; negligent entrustment against Marion Betz; and vicarious liability against Doe Defendants 11‐100. The final cause of action, consisting of just two paragraphs other than incorporat...

Excerpt: ...ry 27, 2022, the Court granted Plaintiff's unopposed motion to deem matters admitted. (ROA 12.) Plaintiff now moves for judgment on the pleadings based on these admissions. Specifically, that Defendant admits he applied for a credit card account with Plaintiff, he received the Customer Agreement when he received the credit card, the Customer Agreement provided that by using the credit card he agreed to bound by the terms therein, he received the ...

Excerpt: ... This action arises out of a four‐car collision occurring on February 7, 2020, where Plaintiff was driving her vehicle northbound on Bradshaw Road in the number 1 lane at a speed of 40‐50 mph. (Sullivan Decl. ¶ 5, Exh. C (Traffic Collision Report).) Mr. Johnson was driving his employer Volunteers' vehicle southbound on Bradshaw Road in the number 1 lane at a speed of about 40 mph and attempting to make a left turn towards an access road. (Su...

Excerpt: ... Cross‐Complainants are ordered to notify CrossDefendants immediately of the tentative ruling system and the manner to request a hearing. If Cross‐ Complainants are unable to contact Cross‐Defendants prior to hearing, Cross‐Complainants are ordered to appear at the hearing. Cross‐Complainants request for judicial notice is granted. Factual and Procedural Background This action concerns the management, operations, and control over Nivano...

Excerpt: ...ED. This action arises out of a two‐vehicle accident that occurred on February 18, 2020, on SR‐70 to Olivehurst Avenue in an unincorporated part of Yuba County, California. The accident occurred between vehicles driven by plaintiff Allie Christine Vargas (“Ms. Vargas”) and Mr. Fernandez, which was immediately following an alleged “road rage” incident between Mr. Fernandez and Mr. Johnson. The Traffic Collision Report concludes the col...

Excerpt: ...186, 188, 190, 192, 194, 196, 198, 250, 252, 254, 256, 258, 260, 262, 264, 266, 268, 270, 272, 274, 338, 340, 342, 344, 346, 348, 350, 352, 354, 358, 401, 402 and 403 is ruled upon as follows. This action arises from an Agreement for Purchase of Recycleables pursuant to which the City sells recycleable materials to USA Waste for resale into the recycling commodities market. USA Waste filed its Complaint on October 16, 2020, alleging claims for: (...

Excerpt: ...manner to request a hearing. If moving counsel is unable to contact Defendants prior to hearing, moving counsel is ordered to appear at the hearing. Factual and Procedural Background Plaintiffs are cellular telephone consumers who have filed three actions regarding the sales tax reimbursement paid pursuant to sales tax Regulation 1585 when they purchased cellular phones at a discounted price in a bundled sale. “Sales tax reimbursement” is the...

Excerpt: ... motion to compel Plaintiff to serve verified responses, without objections, to Defendant's Form Interrogatories (Set One), Special Interrogatories (Set One), and Request for Production of Documents (Set One), to deem matters admitted, and for monetary sanctions. (ROA 30.) Plaintiff was ordered to serve responses by June 22, 2022, and to pay sanctions in the amount of $235 no later than July 8, 2022. As of the date of filing this motion, Plaintif...

Excerpt: ...ause of action for penalties pursuant to the Private Attorneys General Act of 2004 (“PAGA”). Pursuant to the United States Supreme Court's ruling in Viking River Cruises, Inc. v. Moriana (2022) 142 S.Ct. 1906, Defendants now move to compel Plaintiff's individual PAGA claim to arbitration and to dismiss the action based on a lack of standing to maintain the “non‐individual” or representative PAGA claim. Briefly, prior to the ruling in Vi...

Excerpt: ...ry" pursuant to CCP §2023.030. According to Defendants, in response to their demand for production of documents, Plaintiff improperly objected that documents regarding Brandt fees were protected by the attorney‐client privilege. Plaintiff's counsel refuses to produce documents regarding Brandt fees, including, his written fee agreement and invoices. Plaintiff's counsel also states that the documents do not exist. (Declaration of Roger Jaffe, �...

Excerpt: ...d to third parties. These include a demand for exchange of expert witness information, supplemental request for production, supplemental interrogatories, form interrogatories (set two), special interrogatories (set three), request for production (set three), request for admissions (set one), and numerous subpoenas for production of business records to third parties. According to Plaintiff, a protective order is warranted because Defendant's disco...

Excerpt: ...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. *** Plaintiffs Jose Mejia (“Mejia”), Miguel Osuna (“Osuna”), and Oscar J. AlmanzanMartinez's (“Almanzan”)(collectively “Plaintiffs”) motion for summary judgment is ruled upon as follows. I. Overview This is a putative class action for Labor Code violations and Attorney Private...

Excerpt: ...n and harassment free work environment, and negligent hiring, supervision and retention. Plaintiff alleges that she was subject to disproportionate discipline as compared to her non‐African American co ‐workers, was micro‐ managed by her superiors more frequently than her non‐African American co‐workers, and was denied perks and privileges that are afforded to her non‐ African American co‐workers. (Complaint, ¶ 40.) She further all...

Excerpt: ...read defects including defects affecting the engine and brakes, Plaintiffs seek to compel Defendant to provide full and complete responses to certain requests for production, specifically requests nos. 16‐ 36, 39 and 40. These requests relate to Defendant's policies and procedures in handling vehicle repurchase or replacement requests and also determining repurchase offers. They also request information regarding the subject vehicle, in additio...

Excerpt: ...ed to pay the $40,000 and she now seeks to enforce the agreement pursuant to CCP § 664.6. Plaintiff however, concedes that Defendant filed for bankruptcy in August 2022 and that there is a bankruptcy hearing at the end of November. 11 U.S.C. § 362(a)(1) automatically stays actions when one party files for bankruptcy. “The automatic stay provisions of the Bankruptcy Code prohibit the continuation of a judicial action against the debtor that wa...

Excerpt: ...lligan's Island. At the same general time and location, Plaintiffs were floating in a raft in the same general location, when Defendant ran them over, thereby causing injury and damages to Plaintiffs. Defendant filed its initial answer on March 21, 2022. Trial is currently scheduled for August 12, 2024. Defendant moves to amend the answer to alter the original language by adding affirmative defenses seven (Harbor & Navigation code 652.5 and 655.2...

Excerpt: ...CFE and individual defendants Francis Kang and Caroline Kang (collectively “Kang Defendants”) when Defendant Mee Lai Fong (“Fong”) attacked Patton with a metal cane, ultimately leading to her death. Plaintiffs filed their initial complaint on August 27, 2018 and their first amended complaint on October 13, 2020. Plaintiffs move to file a second amended complaint to add an eighth cause of action for Fraudulent Transfer/Conveyance pursuant ...

Excerpt: ...oss‐complaint on May 25, 2022. Lombardi dismissed his cross‐complaint on July 18, 2022. As a result of Lombardi's dismissal of his cross‐ complaint, MCM filed a memorandum of costs. (ROA 33.) Lombardi then moved to strike or tax MCM's memorandum of cost. (ROA 34.) MCM filed a request for dismissal of its own complaint prior to the hearing on Lombardi's motion to strike/tax. (ROA 39.) Lombardi filed the memorandum of costs at issue in this m...

Excerpt: ...cised his First Amendment rights by appealing an adverse employment action taken against him. Plaintiff later resigned his employment. After resigning, Plaintiff publicly criticized CalFire officials and management. (3AC, ¶¶ 17‐ 18.) In April 2018, Plaintiff and South Coast Helicopters ("SCH") entered into an employment contract in which Plaintiff agreed to perform services for SCH as a helicopter pilot and general manager in return for compe...

Excerpt: ...e 27, 2000, and as amended January 10, 2013 (the “Trust”). (FAC, ¶ 1.) Horgan is the Primary Beneficiary. (FAC, ¶ 7.) Defendants are attorneys who prepared the Trust. (FAC, ¶¶ 2 and 5.) Plaintiffs allege Defendants negligently drafted the Trust in a manner that delayed Horgan's ability to appoint a successor trustee, which resulted in the filing of otherwise unnecessary litigation and Trust disputes. (FAC, ¶¶ 5‐9.) Plaintiffs allege D...

Excerpt: .... On July 15, 2021, Plaintiff's PAGA claim was dismissed following Defendant's demurrer. (ROA 40.) Thus, the action proceeding with one cause of action for violation of Labor Code section 226 (failure to furnish accurate itemized wage statements). On July 11, 2022, the Court issued its order granting Plaintiff's motion for preliminary approval of class action settlement. (ROA 70.) Pursuant to that order, the final fairness hearing was set for tod...

Excerpt: ...vise him/her of Local Rule 1.06 and the Court's tentative ruling procedure and the manner to request a hearing. If moving counsel is unable to contact opposing counsel prior to hearing, moving counsel is ordered to appear at the hearing by Zoom or by telephone. Background In this personal injury/wrongful death action, Plaintiffs filed their complaint against Defendants on March 8, 2022. Plaintiffs allege that Defendant Singh negligently operated ...

Excerpt: ...a complaint by their former counsel, Kenneth Burt II. (ROA 1.) Plaintiffs' filed the operative first amended complaint (“FAC”) on July 12, 2019, which included various causes of action stemming from alleged mold in Plaintiffs' apartment. (ROA 24.) Defendants served written discovery in the form of document requests on November 18, 2019. (See Rishwain Decl. ISO Motion to Compel Further Responses, filed May 18, 2020 (hereafter, “Rishwain Decl...

Excerpt: ...el is granted. On May 27, 2022, Defendants served supplemental discovery requests to Plaintiff. (Kono Decl., ¶ 3, Exh. A.) On June 28, 2022, Plaintiff served unverified responses. (Kono Decl., ¶ 4, Exh. B.) Plaintiff failed to serve verified responses by the deadline of June 29, 2022. (Id. at ¶ 3.) On June 28, 2022, Defendants emailed Plaintiff's counsel to request verifications and to obtain clarification regarding the unverified responses. (...

Excerpt: ...he operative second amended complaint ("SAC"), Plaintiff brings claims under the Fair Employment and Housing Act ("FEHA") for (1) sexual harassment, (2) racial discrimination, (3) disability discrimination, and (4) retaliation. Plaintiff also alleges a fifth cause of action for retaliation under Labor Code section 1102.5 plus a sixth cause of action for intentional infliction of emotional distress. (See, SAC, p. 1.) The first and sixth causes of ...

Excerpt: ...rected to contact Plaintiff's counsel forthwith to advise counsel of Department 54's correct address, Local Rule 1.06, and the court's tentative ruling procedure. If Defendant is unable to contact Plaintiff's counsel prior to the hearing, Defendant shall be available at the hearing, in person or remotely (telephonically or by video conference via Zoom as stated in the introductory notice to today's tentative rulings), in the event Plaintiff's cou...

Excerpt: ...obtained a default judgment on August 23, 2021 (ROA 22). On August 31, 2021, Defendant moved to set aside the entry of default and default judgment and to quash service of summons. (ROA 26.) The Court granted the unopposed motion on September 29, 2021. (ROA 28.) The Court's ruling was based on Defendant's testimony that she had not resided at the address where a substituted service of summons and complaint was attempted for several years and thus...

Excerpt: ...n (“FedEx”). (Complaint, ¶¶ 9‐ 10, 14.) On February 14, 2022, Plantiffs and Phu were traveling southbound on I‐5. (Complaint, ¶¶ 14.) Phu was traveling behind Plaintiffs. (Ibid.) Near the location of the accident there was an advisory sign advising southbound motorists “CAUTION/WATCH FOR SLOW TRAFFIC.” (Complaint, ¶ 18.) The posted speed limit in the area was 70 mph for passenger vehicles and 55 mph for vehicles towing trailers. ...

Excerpt: ...Benjamin Vaden within 48 hours 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 plaintiff Theodore Benjamin Vaden need not request oral argument. The Litigation Coordinator shall make plaintiff Theodore Benjamin Vaden available, by Zoom telephonically, at 9:00 a.m. on the date of the continued hearing date, w...

Excerpt: ...Chui Faising, Timothy Tight, Michael McCarthy, Glenn Wilson, John Mullen, Richard Girard and Diabetic Innovations, LLC, (“Plaintiffs”), jointly and severally, is ruled upon 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 issues identified below which will be addressed at the hearing. Counsel are also reminded that pursuant to local rul...

Excerpt: ...8 motor vehicle accident in which he sustained a traumatic brain injury. The 2AC advances causes of action for dependent adult abuse, misrepresentation, concealment, negligent infliction of emotional distress (“NIED”) and wrongful death. In brief, plaintiffs allege that after being admitted to CVSH in September 2018 Ronald continually lost weight and his family's complaints about undernourishment were ignored, resulting in more lost weight an...

Excerpt: ... of motion provides the incorrect address of Department 53. The correct address for Department 53 of the Sacramento County Superior Court is 813 6th Street, Sacramento, California 95814. FACTS/PROCEDURAL HISTORY: On July 6, 2021, Plaintiff filed the operative First Amended Complaint (“FAC”). (ROA 20.) Plaintiff's FAC asserts the following causes of action: (1) harassment against Defendants, (2) failure to prevent discrimination, harassment, o...

Excerpt: ...paper or plastic tabs extending below the bottom of the page, bearing the exhibit designation. Failure to comply with this rule makes it cumbersome for the Court to review Defendant's exhibits and evidence in support of this motion. Factual and Procedural Background This action arises from Plaintiff John Sedgh, M.D. (“Sedgh” or “Plaintiff”) serving as a member of Defendant's Panel of Consultative Examiners (the “Panel”). The Panel det...

Excerpt: ...es outside the presence of the court or orally before the court, for settlement of the case, or part thereof, the court, upon motion, may enter judgment pursuant to the terms of the settlement. If requested by the parties, the court may retain jurisdiction over the parties to enforce the settlement until performance in full of the terms of the settlement.” Thus, CCP § 664.6 allows the Court upon motion to enter judgment pursuant to the terms o...

Excerpt: ... untimely. Plaintiff filed this action on June 6, 2019, alleging claims for disability discrimination, disability harassment, age discrimination, retaliation, failure to prevent discrimination/harassment, failure to engage in the interactive process, medical leave discrimination, wrongful termination, and violation of Health & Safety Code § 1278.5. On May 3, 2022, Plaintiff filed the operative Second Amended Complaint (“2AC”) which alleges e...

Excerpt: ...at a balance of $3,889.92 is now due. Plaintiff now moves for summary judgment. Plaintiff's separate statement includes the following. Defendant applied to Plaintiff for a credit card and entered in a written credit card account agreement. Defendant agreed to be bound by the terms of the agreement through applying for, receiving and using the subject credit card. Defendant used the subject credit card and Plaintiff complied with its obligations b...

Excerpt: ... 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 Plaintiff need not request oral argument. The Litigation Coordinator shall make Plaintiff available, by Zoom telephonically, at 9:00 a.m. on the date of the continued hearing date, which will be November 3, 2022, to participate in oral argument. To appear on Zoom telephonically, call (833) 568...

Excerpt: ...st in property located at 8000 Freeport Blvd., Sacramento (“Property”), and an owner of a one‐half contingent interest in the Property. Plaintiff alleges that Defendant Albert Wilson, Jr. Revocable Trust executed July 18, 2019 (“Trust”) is a trust entity, wholly within the control of Defendant Albert Wilson, Jr. ("Albert") (collectively “Defendants”) and a contingent owner of a one‐half (50%) interest in the Property. Plaintiff al...

Excerpt: ... the settlement is fair, reasonable and adequate, in light of all of the circumstances. ( California v. Levi Strauss & Co. (1986) 41 Cal.3d 460, 471; Dunk v. Ford Motor Co. (1996) 48 Cal.App.4th 1794, 1801.) The trial court has broad discretion to determine whether a proposed settlement in a class action is fair, adequate, and reasonable. ( th Wershba v. Apple Computer (2001) 91 Cal.App.4th 224, 244, 245; Rebney v. Wells Fargo Bank (1990) 220 Cal...

Excerpt: ...rayton and Doe Spouse Crayton (collectively, “Debtors”). Judgment was entered against Debtors originally in Arizona on July 18, 2019, and the judgment was entered as a sister state judgment in California on March 12, 2020. (ROA 4.) The judgment awarded “all costs and reasonable attorney fees incurred by Plaintiff after submission of this judgment for entry by the Court in collecting the amounts listed in this Judgment.” (See Arizona Judgm...

Excerpt: ...ilarly situated individuals who were employed by Defendant ONEHALLOWEENNIGHT, Inc. in California from January 23, 2016 to January 23 2017 and received a wage statement containing their full social security number. Plaintiff alleges that Defendant violated Labor Code § 226 by printing social security numbers on wage statements. The PAGA settlement calls for Defendant to make a gross payment of $42,500. The settlement provides that attorneys' fees...

Excerpt: ... arises from or relates to Employee's application or candidacy for employment, employment and/or cessation of employment with Company, it will be submitted to final and binding arbitration before a neutral arbitrator." (Gordon Decl., Exh. A (“Agreement”), p. 1.) The Agreement covers "any claim, dispute, and/or controversy that either the employee or the company may have against each other arising from, related to, or having any relationship o...

Excerpt: ... to appear in a particular cause pending before a court of this state may, ‘in the discretion of such court' be permitted to appear as counsel pro hac vice. (Cal. Rules of Court, rule 9.40(a).)” (Sheller v. Superior Court (2009) 158 Cal.App.4th 1697, 1713.) However, a person is ineligible to appear as counsel pro hac vice if the person is (1) a California resident; (2) regularly employed in California; or (3) regularly engaged in substantial ...

Excerpt: ...owing six causes of action: (1) race discrimination; (2) failure to prevent discrimination; (3) retaliation; (4) harassment; (5) negligent infliction of emotional distress (“NIED”); and (6) intentional infliction of emotional distress. Plaintiff is an African American man. (Complaint, ¶ 4.) Plaintiff has been employed as a senior custodian at UC Davis Medical Center since 2016, with duties that include cleaning the facility. (Complaint, ¶¶...

Excerpt: ...rd amended complaint (“TAC”) is granted. In taking judicial notice of this document, the Court accepts the fact of its existence but not the truth of its contents. Defendant Initial Response Security, Inc.'s (“IRS”) request for judicial notice is also granted, with the same caveat. Background This is a personal injury case wherein Plaintiff Timothy Hayes (“Plaintiff”) alleges that he was physically attacked by three individuals while ...

Excerpt: ...tiff in pro per available for oral argument at the above‐stated time. Appearance will be by ZOOM and Department 53's Zoom ID is 841 204 6267. To appear on Zoom by telephone, call (888) 475‐4499 or (877) 853‐5257 (toll‐free) and enter the Zoom ID referenced above. Defendants J. Shaffer and the Board of Parole Hearings' (“Defendants”) Motion for Summary Judgment is unopposed and is GRANTED. Plaintiff, an incarcerated person proceeding i...

Excerpt: ...fall on the sidewalk. Defendant's instant motion seeks summary adjudication of both causes of action in the Complaint. The Complaint alleges that Plaintiff: “tripped and fell while walking on the public sidewalk at or adjacent to 8698 Kiwi Circle, Elk Grove, California due to an unmarked, uneven, discontinuous, and protruding portion of the sidewalk that constituted a dangerous and defective condition on public property (hereafter referred to a...

Excerpt: ...��Plaintiff”) opposes. This action arises from a written agreement in which Sigler agreed to provide heating and air conditioning units for a building project at the Mule Creek State Prison. Plaintiff's pleading alleges the following causes of action: breach of written contract, quantum meruit, misappropriation of funds in violation of Business & Professions Code section 7108.5 et seq., enforcement of stop payment notice, and action on bond. (S...

Excerpt: ... of the Song‐Beverly Consumer Warranty Act (“Song‐Beverly”). Plaintiffs allege that the certified pre‐owned 2012 Dodge Grand Caravan that they purchased contained several defects, including defects in the engine and transmission. Plaintiffs further allege that they delivered the vehicle to an authorized repair facility, but Defendant was unable to conform the vehicle to the applicable warranties and also refused to repurchase the vehicl...

Excerpt: ...y is ruled upon as follows. This is an elder abuse action. Plaintiff Annabelle Smith ("Ms. Smith") was over the age of 65 years old, and was admitted to AHC Sacramento on December 21, 2020 following a surgery to treat an ulcer. (See generally, Compl. (Register of Actions (“ROA”) 1.) Prior to her admission, Ms. Smith was quite healthy for her age and lived independently, although she had type 2 diabetes. Complications arising from her surgery ...

Excerpt: ...t also ordered the parties to submit a joint declaration one week before the hearing date describing their additional meet and confer efforts, which the parties have done. (See ROA 67.) The Court refers to its September 20, 2022 order for additional background on this matter. Based on the joint declaration, the Court is satisfied that the meet and confer efforts satisfy the requirements of the Discovery Act. However, the parties remain at an impa...

Excerpt: ...rected to contact Plaintiff's counsel forthwith to advise counsel of Department 54's correct address, Local Rule 1.06, and the court's tentative ruling procedure. If Defendant is unable to contact Plaintiff's counsel prior to the hearing, Defendant shall be available at the hearing, in person or remotely (telephonically or by video conference via Zoom as stated in the introductory notice to today's tentative rulings), in the event Plaintiff's cou...

Excerpt: ...s ruled upon as follows. This is a personal injury action arising from Plaintiff's slip‐and‐fall incident on a sidewalk. The incident occurred on October 20, 2016 at 3341 Power Inn Road, Sacramento, CA (hereinafter "Subject Incident"). (Declaration of Heidi Adams (“Adams Decl.”) ¶ 2). On November 13, 2017, Plaintiff filed a complaint for damages alleging causes of action for dangerous condition of public property (Govt. Code §§ 835, et...

Excerpt: ..., on February 11, 2020, this Court entered an order granting YAN's motion for summary judgment and entered judgment in favor of YAN. (ROA 152‐153.) La Posta appealed and the Appellate Court reversed. The Appellate Court found judgment was premature because one of the claims pending in the Tribal Action had not been resolved and YAN had therefore not obtained a final determination. As described in the declaration supporting La Posta's costs, on ...

Excerpt: ... to the hearing, moving counsel shall be available at the hearing, in person or remotely (telephonically or by video conference via Zoom as stated in the introductory notice to today's tentative rulings), in the event opposing counsel appears without following the procedures set forth in Local Rule 1.06(B). Joshua Safran's (“Moving Counsel”) motion to withdraw as counsel for Plaintiff Metro Health Systems (“Metro”) is GRANTED as follows. ...

Excerpt: ...or, alternatively, portions thereof, is DENIED. This action (the “Second Action”) is related to a case filed on May 10, 2017, by plaintiffs Baljinder Singh and Ajit Singh against Phanikumar Vadarevu and Sita Vadarevu, husband and wife, case number 34‐ 2017‐00212288 (the “Original Action”). The following procedural history relates to the Original Action. After the Court sustained in part with leave to amend defendants' demurrer, plaint...