Excerpt: ...lando Blackwell within 48 hours. The litigation coordinator is directed to have Plaintiff Orlando Blackwell available at oral argument on September 22, 2021 at 1:30 pm. Appearance will be by ZOOM. Department 53 Zoom ID is: 841 204 6267. To appear on Zoom by phone, call (888) 475‐4499 or (877) 853‐5257 (toll‐free) and enter the Zoom ID referenced above for oral argument on September 22, 2021. Appearance is required. Defendants California Sta...

Excerpt: ...ms within 48 hours. The litigation coordinator is directed to have Plaintiff Tio Dinero Sessoms available at oral argument on September 22, 2021 at 1:30 pm. Appearance will be by ZOOM. Department 53 Zoom ID is: 841 204 6267. To appear on Zoom by phone, call (888) 475‐4499 or (877) 853‐5257 (toll‐free) and enter the Zoom ID referenced above for oral argument on September 22, 2021. Appearance is required. Defendant Kenneth Rosenfeld's (“Ros...

Excerpt: ...d into commercial lease (“Lease”). Lal and Nijjar are collectively referred to herein as “Defendants.” The purpose of the Lease was to operate a liquor store. On December 31, 2018, Nijjar executed a guaranty agreement (“Guaranty”), personally guaranteeing the obligations of Lal under the Lease. The Lease was to commence February 1, 2019. Pursuant to the Lease, Defendants agreed to pay $2,123 in base monthly rent beginning August 1, 20...

Excerpt: ...tended to defendant. The proof of service filed on 11/16/2009 indicates the summons & complaint were served on defendant Hobdy by substituted service on “Jane Doe,” described as 50 year old female with black hair, brown eyes, weighing 160 pounds and being 5'5” tall, at 4938 49th Street in Sacramento on 11/5/2009. A default was subsequently entered against defendant Hobdy on 3/12/2010, followed by a default judgment of nearly $7,000. In 2019...

Excerpt: ...ly to complete the meet‐and‐ confer process in light of the Court's commentary on this discovery dispute but also to file no later than 9/3/2021 a joint statement for the Court. According to the declaration from defendants' counsel, plaintiff in pro per Vick declined to participate in not only the requisite meet‐and‐confer process but also the preparation of the requested joint statement from the parties. The Court now rules as follows. *...

Excerpt: ... the parties entered into in December 2019. Plaintiff commenced this action in May 2020 and personally served defendant in July 2020. Having not received any answer to complaint, plaintiff served by mail to Maryland (where defendant had relocated) a request for default and default judgment on 8/24/2020. According to the Court's file, both the default and default judgment were entered on 8/25/2020. The $12,861 judgment was in the principal amount ...

Excerpt: ... Standard The Court must grant a motion for summary judgment or summary adjudication if all the papers submitted show that there is no triable issues as to any material fact and that the moving party is entitled to judgment as a matter of law. (Code Civ. Proc. § 437c(c); Mann v. Cracchiolo (1985) 38 Cal.3d 18, 35.) Section 437c(c) imposes an affirmative duty on a court to grant a summary judgment motion in an appropriate case. (Preach v. Moister...

Excerpt: ...nt to state any cause of action against Defendants. Defendants' request for judicial notice is granted. The SAC alleges causes of action for (1) negligence, (2) concealment, (3) intentional misrepresentation, (4) total equitable indemnity, (5) implied indemnity, and (6) comparative contribution. The FAC alleged causes of action for (1) negligence, (2) concealment, and (3) fraudulent inducement. Background In August 2012, HBE Corporation (“HBE�...

Excerpt: ... state facts sufficient to constitute a cause of action. (See Code Civ. Proc. § 430.10(e).) Myers LLC's request for judicial notice 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. Dept. of Transp. (1997) 15 Cal.4th 543, 590 (judicial notice of findings of fact does not mean that those findings are true); Steed v. Dept. of Cons...

Excerpt: ...ssional Engineers v. Dept. of Transp. (1997) 15 Cal.4th 543, 590 (judicial notice of findings of fact does not mean that those findings are true); Steed v. Dept. of Consumer Affairs (2012) 204 Cal.App.4th 112, 120‐121.) Defendant specifically demurs to Plaintiff's second cause of action for intentional infliction of emotional distress (“IIED”) on grounds that it fails to state facts sufficient to state a cause of action. (See Code Civ. Proc...

Excerpt: ...arly identical grounds. Therefore, in the interest of efficiency, both Demurrers are addressed in this single tentative ruling. NY Life and Kaneski's Demurrers are both SUSTAINED WITHOUT LEAVE TO AMEND for the following reasons. Procedural History This is NY Life's third Demurrer and Kaneski's first Demurrer. The Court sustained NY Life's first demurrer as to the sixth cause of action for receipt and possession of stolen property in violation of ...

Excerpt: ...rain warranty, and a 10‐ year 120,000 mile warranty extension. (Id. at ¶ 10.) Plaintiff alleges that, “during the express warranty period, the Vehicle developed various defects, including but not limited to, defects related to the power train system, including the engine, and/or transmission; and other defects.” (Id. at ¶ 11.) On or about October 27, 2020, Plaintiff presented the car to Defendant's repair facility with various concerns in...

Excerpt: ...nd‐hour provisions. The class is defined as: “All nonexempt employees who have or continue to work for Defendant in California from August 4, 2016 through the earlier of either June 15, 2021 or the Preliminary Approval Date.” (Exhibit A at ¶¶ 1.3 and 1.9.) Defendant Von Housen's Sacramento, Inc. filed a notice of non‐opposition to the motion. In approving a class action settlement, the Court is to determine whether the settlement is fai...

Excerpt: ...nt Olam West Coast, Inc. (“Olam”) filed a Memorandum of Costs on Appeal and requested $1,435,383.18 in costs ($1,469.50 for filing fees, $124.18 for preparation of reporter's transcript, $125.50 for transmitting, filing, and serving of record, briefs, and other papers, and $1,433,664.00 for premium on any surety bond on appeal). Plaintiff's motion is mainly brought to obtain proof that the costs claimed were actually incurred. In particular, ...

Excerpt: ...nd automobile accident in Folsom, California. Included within the Extended Benefits Coverage are two separate types of coverage: Wage Earner Disability Benefits and Essential Services Disability Benefits. Generally, Wage Earner Disability Benefits coverage applies to an insured's claimed lost wages during a time of total disability caused by an automobile accident. Essential Services Disability Benefits coverage applies to expenses incurred by an...

Excerpt: ...ard's Demurrer to the First Amended Complaint filed by the plaintiff, Mitchell Development Enterprises, Inc. is sustained without leave to amend for failure to state facts sufficient to constitute a cause of action. On March 18, 2021 the Court sustained the demurrer to the 1st Amended Complaint, with leave to amend. Second Amended Complaint A 14‐count felony complaint was filed in 2013 against two of the plaintiffs corporate officers, alleging ...

Excerpt: ...nator is directed to have Plaintiff Monrell D. Murphy available at oral argument on September 23, 2021 at 1:30 pm. Appearance will be by ZOOM. Department 53 Zoom ID is: 841 204 6267. To appear on Zoom by phone, call (888) 475‐4499 or (877) 853‐5257 (toll‐free) and enter the Zoom ID referenced above for oral argument on September 22, 2021. Appearance is required. The demurrer of the California Department of Corrections ("CDCR") to the First ...

Excerpt: ...parties and advise them 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 the responding parties prior to hearing, moving counsel is ordered to appear at the hearing. Defendant's request for judicial notice of Botox Cosmetic labels accessed via the FDA website is unopposed, but is denied as these are not the proper subject of judicial notice. “Simply because...

Excerpt: ... contract” with FCA US LLC regarding a 2015 Chrysler 200 on February 14, 2015. (Comp. ¶ 15.) Plaintiff alleges that “[d]efects and nonconformities to warranty manifested themselves within the applicable warranty period, including but not limited to engine, transmission, and electrical.” (Id. ¶ 16.) Plaintiff alleges she delivered the vehicle to an authorized FCA US LLC repair facility for repair of the nonconformities but FCA US LLC was n...

Excerpt: ... of a peremptory writ with the Third District Court of Appeal, which Judge Burger‐Plavan granted. (ROA 181.) Plaintiff filed a peremptory writ, and the Third District Court of Appeal issued a peremptory writ of mandate directing the respondent court to vacate the order granting the motion for judgment on the pleadings. (ROA 187.) The Remittitur and Order were issued and served on 4/6/2021. (ROA 187.) Due to court congestion, the Remittitur was ...

Excerpt: ...ruction site. Plaintiff alleges a cause of action for negligence against ACP and its employee Tommy Brower. Plaintiff alleges that Mr. Brower was in the course and scope of his employment with ACP when he was operating a concrete boom pump in close proximity to Plaintiff resulting in injuries to Plaintiff. Plaintiff claims that he has suffered cognitive impairments and behavioral changes due to the injuries. At issue on this motion is a subpoena ...

Excerpt: ...ich is claimed to show the existence or non‐existence of a triable issue of material fact. *** Defendant Gregg Haworth's (“Defendant”) motion for summary judgment is ruled upon as follows. Overview This is an action concerning the sale of real property (“Property”). Plaintiff initially acted in pro per and filed his verified complaint on 5/7/2019 on a Judicial Council form. Plaintiff alleges that on 11/15/2016, he entered into a written...

Excerpt: ...therwise it was to expire on December 31, 2016. Plaintiff alleges that after Defendant terminated the Agreement in October 2016 for convenience that Defendant wrongfully retained possession of certain equipment. In the First Amended Complaint (“FAC”), Plaintiff alleges causes of action against Defendant for conversion, breach of contract and others. Defendant purports to move for summary adjudication as to what it contends are “separate and...

Excerpt: ... bad faith) in connection with his claim for insurance benefits with respect to an insurance policy for his 2002 Fleetwood Truck Camper (“Camper”). Plaintiff alleges that the Camper sustained water damage from a leak in the roof and that Defendant breached the terms of his insurance policy when it denied his claim. He also alleges that Defendant acted in bad faith by unreasonably withholding payments under the policy. Defendant moves for summ...

Excerpt: ... 1138.) Newberg on Class Actions (4th Ed.), the authoritative treatise on class actions, discusses the process for approving the settlement of a class action. At § 11.24, “Procedure for Submitting Class Settlement for Approval,” Newberg describes the review at the preliminary stage as the submission by the parties of the essential terms of the agreement for informal review of the settlement papers by the Court. In reviewing a request for pre...