Excerpt: ...be ejected from his seat and hit his head on a metal bar. Plaintiff asserts that he now suffers from orthopedic and neurological injuries, including a traumatic brain injury and cognitive deficits. On December 8, 2022, the Court ordered plaintiff to undergo a Mental Examination on February 20, 2023. (ROA 87) The Trial Date is set for May 8, 2023. Defendant's motion is brought pursuant to Code of Civil Procedure Section 2025.610 on the ground that...

Excerpt: ...n secured by real property of Ms. Rigor's deceased mother. Ultimately Plaintiff has filed a second amended complaint for “quiet title” in July 2022. The verified SAC, is not entirely clear and appears to assert numerous causes of action apart from quiet title. The only cause of action in which SMRCOA appears to be named is in the untitled second cause of action in which Plaintiff alleges that SMRCOA was “guilty of Title, Chapter 1 of the Un...

Excerpt: ... a cause of action. Defendants Request for Judicial Notice of Plaintiff's Government Claim is granted. Background This action arises from the State's fire cleanup activities following the Camp Fire, including contracts entered into with private companies to assist with the cleanup. The 4AC alleges the State awarded fire clean‐up contracts to three prime contractors. One of the three primes, ECC Contractors LLC ("ECC"), entered into a subcontrac...

Excerpt: ...hat Defendant did not receive the opposition in time to file a reply. Defendant filed a "non‐opposition" on January 25, 2023, stating that while the docket reflected the opposition it could not view it. However, given the nature of the Court's ruling, the Court will address the matter on the merits at this time. Any reply would not have altered the analysis. The SAC is actually Plaintiff's first amendment to his original complaint. The Court wi...

Excerpt: ...f alleges three causes of action for breach of warranty under the Song‐Beverly Consumer Warranty Act and that the Subject Vehicle developed defects and Defendant failed to conform the Subject Vehicle to the express and implied warranties. (Complaint ¶¶ 8, 10, 24.) When Plaintiff purchased the Subject Vehicle on June 23, 2017, she entered into a Retail Installment Sale Contract Simple Finance Charge (With Arbitration Provision) (the “RISC”...

Excerpt: ....1110(f) facilitates the Court easily finding the cited evidence. This action arises from a rear‐end automobile accident Plaintiff Kendra Brand (“Plaintiff”) was involved in on April 27, 2016, and Plaintiff's underinsured motorist coverage (“UIM”) with a limit of $30,000 under the Century‐National insurance policy at issue. Plaintiff settled with the at‐fault driver in July of 2017, and subsequently initiated a UIM claim with Centur...

Excerpt: ... involving a stolen fire engine (“Engine 111”). In support of the motion, the District asserts the following undisputed material facts (“UMF”). The District purchased Engine 111 to fulfill the District's purpose in protecting the public from fires as safely and efficiently as possible. (UMF No. 4.) The District deliberately purchased Engine 111 with a keyless push‐start engine. (UMF Nos. 2‐3.) On July 14, 2018, the District used Engin...

Excerpt: ...s allege numerous defendants caused the Decedent to be exposed to asbestos containing products resulting in the Decedent developing lung cancer. Hennessy is alleged to be one of the entities responsible for numerous automotive products that the Decedent was exposed to, including AAMCO brake service equipment. Hennessy requests summary adjudication of Plaintiff's claim for punitive damages on grounds Plaintiffs have no evidence that Hennessy engag...

Excerpt: ...r counsel. Prior to the initial due date for Defendant's responses, Plaintiff's prior counsel agreed to extend Defendant's deadline to March 1, 2022. On February 28, 2022, Defendant's counsel, Kelly Savage Day, was contacted by attorney Douglas E. Watts, who stated that Plaintiff's counsel at the time, Dean Royer, was shuttering his practice and would be withdrawing from the case. Mr. Watts indicated that he may be taking over as Plaintiff's coun...

Excerpt: ...020, Plaintiffs and Defendant entered an agreement in which Connect agreed to utilize Plaintiffs' connections in the public and private health sectors to assist Defendants in obtaining contracts for the distribution of personal protective equipment in exchange for compensation based on a sharing of revenues. (Complaint, ¶¶ 14, 18‐19.) Plaintiffs allege they performed services in reliance on that agreement. (Complaint, ¶¶ 15‐17, 20 ‐21, ...

Excerpt: ... parties should be prepared to point to specific evidence which is claimed to show the existence or non‐existence of a triable issue of material fact. *** Defendant Wells Fargo Bank, N.A.'s (“Defendant” or “Wells Fargo”) motion for summary judgment is ruled upon as follows. I. Overview This is a wrongful death action. Plaintiffs Diane Abraham and John Abraham (collectively “Plaintiffs”) are the parents of decedent Deniece Abraham (�...

Excerpt: ... meeting and conferring via telephone. (Diepenbrock Dec., ¶¶ 3‐5; Schumaker Dec., ¶¶ 3‐5.) BACKGROUND This case involves a taxpayer challenge to the District's use of a lease‐leaseback agreement. Plaintiff filed a complaint on June 17, 2022, alleging the following causes of action: (1) reverse validation pursuant to CCP section 863, (2) taxpayer action to prevent illegal expenditure of funds pursuant to CCP section 526(A), (3) recovery ...

Excerpt: ...he notice of motion incorrectly references modifications to Local Rule 1.06, applicable only to motions pending before the Presiding Judge in Department 47. Moving counsel is directed to contact opposing counsel/party and advise him/her of Local Rule 1.06 and the Court's tentative ruling procedure and the manner to request a hearing. Defendants' Requests for Judicial Notice (“RJN”) of certain filings in this action and in the action Janet Rob...

Excerpt: ...nted Plaintiff's unopposed motion to deem matters admitted. Plaintiff now moves for judgment on the pleadings based on these admissions. Specifically, that Defendant admits he had a credit card account issued by Plaintiff; he received periodic statements regarding the account; as of February 2, 2022, the balance owed on the account was $8,656.25; no payments have been made on the account since February 2, 2022; the last payment made on the accoun...

Excerpt: ...e with the Court's suggestion, but defense counsel has refused to stipulate. (See Decl. of Thomas A. Reya ISO Mot. ¶ 5.) In their reply, they provide the following additional information about the appropriateness of a discovery referee in this action. The record since plaintiffs filed their opening motion has only underscored the appropriateness of a discovery referee in this matter. Defendants have refused to proceed with any of the PMQ documen...

Excerpt: ... Local Rule 1.06. 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. If moving counsel is unable to contact opposing counsel prior to hearing, moving counsel is ordered to appear at the hearing by Zoom. The parties' requests for judicial notice are both unopposed and granted. Background Plaintiff Raphael Hernandez (“Plaintif...

Excerpt: ...ule 1.06 and the Court's tentative ruling procedure and the manner to request a hearing. Moving Party failed to comply with California Rules of Court rule 3.1110(f)(3) which requires that each paper exhibit be separated by a hard 8 ½” x 11” sheet with hard paper or plastic tabs extending below the bottom of the page, bearing the exhibit designation. Moving Party has failed to comply with California Rules of Court, rule 3.1350(g), which requi...

Excerpt: ...l at the time of the request which of moving Defendants' 6 separate issues for summary adjudication, which of moving Defendants' 101 Undisputed Material Facts, which of Plaintiff's 66 Additional Material Facts, and/or which of Defendants' 70 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 non‐existence...

Excerpt: ...amendment of deemed admissions to Plaintiff State Farm Mutual Automobile Insurance Company's (“Plaintiff”) Requests for Admission, set one (“RFAs”) is GRANTED as follows. Factual Background This is a subrogation action involving a December 4, 2019 motor vehicle accident during which the vehicle driven by Defendant struck Plaintiff's insured's vehicle. Defendant asserts that as he was entering onto eastbound US‐50, his vehicle was hit by...

Excerpt: ...s tentative ruling system, as required by Local Rule 1.06. The address identified for Department 53 is incorrect. Moving counsel shall immediately notify opposing counsel of the correct location for the hearing, the Court's tentative ruling procedure, the manner to request a hearing, and the correct address for Department 53 (813 6th Street, Sacramento, CA 95814). Factual and Procedural Background Plaintiff Mark Pierson (“Plaintiff”) filed th...

Excerpt: ...alleging nine causes of action, including breach of contract and specific performance. Defendant filed an Answer and a Cross‐Complaint for Declaratory Relief on March 4, 2019. Trial is scheduled to commence on April 11, 2023. The proposed First Amended Answer (“FAA”) would add several affirmative defenses. Defendant asserts: [They] supplement those defenses already raised and simply present more direct claims in opposition to the Complaint,...

Excerpt: ... granted the request. Accordingly, the Court republishes its original tentative ruling below. The notice of motion does not provide notice of the Court's tentative ruling system, as required by Local Rule 1.06. Moving counsel is directed to contact 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. If moving counsel is unable to contact opposing counsel prior to h...

Excerpt: ...une 30 or in the early morning hours of July 1, 2017, Plaintiff was visiting Mango's. Plaintiff alleges she was using her phone in the hallway near the restroom when a security guard directed her towards the women's restroom. Plaintiff briefly used the restroom and, upon exiting, was grabbed from behind by a security guard without justification. When Plaintiff freed herself from the first security guard, she was then grabbed and restrained by ano...

Excerpt: ...t Defendants Brian Radoo (“Radoo”), Bobby Mohamed (“Mohamed”), Neil Singh and Colin Asheley (“Asheley”) including assault, battery, harassment, invasion of privacy, false imprisonment, IIED, trespass to chattel, conversion, private nuisance and interference with contract. The action arises from an alleged agricultural joint venture doing business as W.U.R.M. Assets, LLC (“WURM”), allegedly between Plaintiff Umashankar and Defendan...

Excerpt: ... Salim Francis Al Sheikh (“Sheikh”), struck Plaintiff with his vehicle. (See Complaint, p. 5; Jensen Decl., ¶ 6.) Uber is a technology company that operates a platform that, among other things, connects drivers with riders who request transportation services. In order to use this platform, users must create an account and agree to the Terms of Service. (Buoscio Decl., ¶ 5.) On or about May 8, 2022, Plaintiff was presented with an in‐app p...

Excerpt: ... 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. The parties' requests for judicial notice are both unopposed and granted. Background Plaintiff Raphael Hernandez (“Plaintiff”) filed this lemon law action on February 19, 2020 and alleged five causes of action un...

Excerpt: ...ed upon as follows. In the voluminous second amended complaint, Plaintiff alleges claims of employment discrimination under the Fair Employment and Housing Act, Government Code, Labor Code and the California Constitution arising out of his employment with defendant. Plaintiff has now filed four extremely voluminous motions to compel CDT's further responses which the Court will address in a single ruling. It appears that Plaintiff seeks to compel ...

Excerpt: ...tion into the complaint of income discrimination against Respondent Cool Time, LLC. (Gov. Code §§ 12963 [“[a]fter the filing of any complaint alleging facts sufficient to constitute a violation of any provisions of this part, the department shall make prompt investigation in connection therewith.”]) On August 12, 2022, the Department served a subpoena requesting documents related to the complaint in addition to a set of investigative interr...

Excerpt: ...for judicial notice are unopposed and granted. Factual Background On December 2, 2022, CRL filed the Petition, in which its pastor, Robert Royer (“Royer”), avers as follows. In 2021, the real property at 6550 Dry Creek Road, Rio Linda, CA (the “Property”) suffered water damage as the result of a flood. (Pet. 2:16‐17.) The Property is owned by CRL. (Decl. of Robert Royer ISO Pet. (“Royer Decl.”) ¶ 2.) On November 3, 2021, CRL and Se...

Excerpt: ... tentative ruling system, as required by Local Rule 1.06. 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. 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. State Farm served the subject RFAs by electronic mail on September 10...

Excerpt: ...ted Protective Order filed in this action and the Complaint and a tentative ruling from Harris, et al. v. County of Sacramento, Case No. 34‐2020‐00287910, is granted. Plaintiff and two other plaintiffs, Todd Beavers and Andre Williams, filed their Complaint on May 14, 2021, against the County arising out of their employment with the Department of Waste Management and Recycling (“DWMR”). Plaintiff alleges the following three causes of acti...

Excerpt: ...ing from the Individual Defendants alleged harassment of and discrimination against Plaintiff while working in their capacity as agents and employees of Markstein. (See Complaint.) Plaintiff also asserts claims against Markstein for retaliation and wrongful termination after Plaintiff complained about the harassment and discrimination. (Ibid.) Defendants move to compel arbitration on grounds Plaintiff signed an arbitration agreement that governs ...

Excerpt: ...ed on the merits, indicating he was not significantly prejudiced by the late opposition. Accordingly, the Court has considered the untimely opposition papers and declines Plaintiff's request to preclude Defendants from participating in oral argument. (See Reedy v. Bussell (2007) 148 Cal.App.4th 1272, 1288.) Background In this lemon law action, Plaintiff alleges that he purchased a new 2016 MercedesBenz GL 350 from Mercedes‐Benz of Reno in Reno,...

Excerpt: ...limitations. As a preliminary matter, it is unclear whether Defendants intend to demurrer to the original complaint or the First Amended Complaint (“FAC”) filed on December 31, 2020 (ROA 14.). The Court presumes Defendants intended to demur to the operative pleading. As the demurrer was filed on August 18, 2022 the Court treats the demurrer as objecting to the FAC. The function of a demurrer is to test the sufficiency of the pleading it chall...

Excerpt: ...(“Christine” or "Plaintiff") alleges she is the true owner of the property. Plaintiff alleges her ex‐husband, Michael Sparks ("Michael"), obtained fee simple titled to the property in 2003 and then transferred and assigned all rights in the property to her in 2019. Despite this, Plaintiff alleges Moving Parties served her with a 60‐ day notice to vacate or quit. Plaintiff alleges Moving Parties claim ownership to the property based on an ...

Excerpt: ... 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. The 17‐page memorandum of points and authorities in opposition fails to comply with the 15‐ page limi...

Excerpt: ...ific 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. *** Opposing counsel failed to comply with CRC Rule 3.1110(b)(3)‐(4). Plaintiff's “separate statement” in support of this motion is not actually “separate” from any of the other papers filed in support of this motion but is instead attached to all of...

Excerpt: ...ip‐and‐fall incident. Defendant KPI filed its answer to the operative complaint on 8/3/2018. While trial had originally been set to commence on 3/10/2020, it was then continued to 11/16/2020 at plaintiff's own request. The case did not proceed to trial on 11/16/2020. Since that date, plaintiff has filed nothing with the Court and no Law & Motion proceedings at all have occurred prior to the filing of the present motion on 10/26/2022. No trial...

Excerpt: ...e 2.111(3). The opposition was not timely filed or served, as CRC Rule 3.1342 governs this motion to dismiss and subdivision (b) specifies that an opposition is due “[w]ithin 15 days after service of the notice of motion.” The opposition was nevertheless considered. Factual Background This action arises out of a motor vehicle accident occurring in February 2018. Plaintiff filed suit on 2/13/2020. According to the proof of service filed on 10/...

Excerpt: ...rified responses, without objections, to Defendants' first set of Form Interrogatories, Special Interrogatories, and Requests for Production of Documents no later than October 31, 2022. Plaintiff did not serve the responses as directed. Pursuant to Code of Civil Procedure 2031.310(i), a court may impose terminating, issue, or evidentiary sanctions, as well as monetary sanctions, for failure to obey a court order to provide discovery. (See, e.g., ...

Excerpt: ...therine Bailey, et al. v. Goodman and Associates, case No. 34‐2022‐00324973. (ROA 54.) This case was designated as the lead case. This action involves an attorney fee dispute between Petitioner and Catherine Bailey and Doug Sutton (collectively, “Respondents”). An arbitration hearing was held on April 19, 2022, with attorney Chad Tapp, attorney Daniel Steinberg, and Steve Watson presiding as arbitrators. Petitioner appeared in person at t...

Excerpt: ...nd accounting. (ROA 1.) Defendant filed a Cross‐Complaint against Plaintiff and Expo Floors, LLC on April 15, 2019, alleging similar claims. (ROA 8.) Defendant filed an Amended Cross‐ Complaint on August 26, 2019. (ROA 41.) Plaintiff filed a First Amended Complaint on August 27, 2019. (ROA 42.) Trial was initially set for October 11, 2022. Discovery closed 30 days before that initial date on September 9, 2022. On November 10, 2021, the Court ...

Excerpt: ...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. Background Plaintiff Tramia Rene Snapp (“Plaintiff”) initiated this action on October 17, 2022 by filing a complaint with four causes of action: (1) breach of express warranty under the Song‐Beverly Act (“Song‐...

Excerpt: ...rkplace injury while employed at a restaurant owned by Matmol, Inc. (“Matmol”). Intervenor provided workers' compensation insurance for Matmol and thus provided workers' compensation benefits to Plaintiff as a result of his workplace injury. This included paying for Plaintiff's transportation to and from medical appointments for treatment of his workplace injury. On September 6, 2016, Plaintiff was being transported home from one such medical...

Excerpt: ...ng counsel prior to hearing, moving counsel is ordered to appear at the hearing by Zoom. Defendant Scott Johnson's (“Defendant” or “Johnson”) demurrer to Plaintiff Melanie Weaver's (“Plaintiff”) complaint is ruled upon as follows. Allegations in Complaint Plaintiff filed this employment action under the on July 18, 2022 against Defendants California Highway Patrol (“CHP”), California Association of Highway Patrolmen (“CHAP”), ...

Excerpt: ...ersus pedestrian accident that occurred on May 2, 2017, where Plaintiff's brother (Eric Allen Miller) was killed when he was struck by a 2013 Toyota Tacoma driven by Steven Martin. Plaintiff alleges Mr. Martin was operating the vehicle in furtherance of his vehicle hauling business. (Complaint ¶ 10.) Plaintiff further alleges that business was insured by Redwood and that Redwood improperly denied coverage to Mr. Martin. Plaintiff and Mr. Martin ...

Excerpt: ...uling to the litigation coordinator. The litigation coordinator shall provide the tentative ruling to Plaintiff Delbert Smith within 48 hours. The litigation coordinator is directed to have Plaintiff Troy Anderson available at oral argument on January 19, 2023 at 1:30 pm. Appearance will be by ZOOM. Department 53 Zoom ID is: 161 4650 6749. To appear on Zoom by phone, call (833) 568‐8864 and enter 161 4650 6749#. Appearance is required. Self‐r...

Excerpt: ...ricson (“Plaintiffs”), allege that Defendants 3 Point, Christopher MacPhail, and Dorothy MacPhail surreptitiously took partnership profits for their own personal gain without benefit to the partnerships. In March 2022, the parties reached a settlement pursuant to which the parties agreed to sell certain real property (“El Camino Property”) to the highest bidder within a three month period. (Underwood Decl. Exh. 2 ¶ 3.) The parties agreed...

Excerpt: ...quests for Admission) is ruled upon as follows. Background This action arises from a family business dispute. The Complaint asserts causes of action for disassociation, breach of fiduciary duty, and breach of contract against Defendant, Curtis Pless, and Gregotrade, LLC. Defendant's Cross‐Complaint asserts causes of action for disassociation, breach of fiduciary duty, accounting, breach of contract, violation of the covenant of good faith and f...

Excerpt: ...Defendant's rehabilitation facility. At issue on the instant motion are Defendant's responses to Plaintiffs' request for production and special interrogatories (sets one). While there are a substantial number of discovery requests and a separate statement over 150 pages in length, the overall gist of the motion relates to the objections stated in the discovery responses. That is, Plaintiffs for the most part argue that the objections set forth in...