Excerpt: ... from the original April 22, 2021 hearing date but did not serve responses by the May 25, 2021 hearing date. Sewell now seeks to be relieved from the order pursuant to CCP § 2033.300(a) Sewell, then acting in propria persona at the time the discovery at issue was propounded and the prior order issued, declared that he sought the assistance of the Sacramento County Legal Aid Society regarding the requests for admissions and the motion to deem mat...

Excerpt: ...sales is an HCD employee and oversaw and directed Ek's contract work. Through this action, Ek asserts claims against Rosales for defamation and intentional interference with prospective economic relations. On March 26, 2021, Rosales filed a demurrer based on Ek's failure to comply with the California Tort Claims Act, Government Code § 900 et seq., immunity and other grounds. The demurrer is still pending before this Court and is scheduled for he...

Excerpt: ...ve, California, known as Precision M.D. Cosmetic Surgery Center (“Precision”). MKI formerly owned and operated Precision. (FAC ¶ 7.). Dr. Khattab practiced medicine at Precision, but his medical license was suspended in May of 2020. Dr. DeWeese currently operates Precision. Defendant Mahmoud Ali Ibrahim was Executive Director of Precision and defendants Trinity Pankowski and Kayla Straw were registered nurses (collectively, “Defendants”)...

Excerpt: ...iff Moore and directors/former directors of the Board of Directors, on April 24, 2021, the Board called a special meeting set for April 27, 2021 for the purpose of removing Plaintiff Moore as a director and officer of the corporation. On April 27, 2021, a vote was taken and Plaintiff Moore was removed from the board by majority vote. On May 1, 2021, the Board sent a written warning to Plaintiff Moore informing her that she had to refrain from ema...

Excerpt: ...l of Decedent Eva Walker. Moving party is John Muelder. His father Juergen E. Muelder and his stepmother Elke Muelder are the other defendants. Defendant contends plaintiff's causes of action are defective because plaintiff lacks standing to bring any of his claims because he is not the personal representative of the Estate of Eva Walker. In addition, he contends all of Plaintiff's causes of action are barred by the applicable statute of limitati...

Excerpt: ...ramento ("Project"). Plaintiffs allege defendant breached the contract by requiring A‐Frame to pay for additional work that Absolut performed; and for failing to pay independent contractors involved in the Project, forcing A‐ Green to make payments to the independent contractors so the Project could continue. Plaintiff's First Amended Complaint alleges causes of action for Breach of Contract, Breach of the Covenant of Good Faith and Fair Deal...

Excerpt: ... prior to hearing, counsel for moving party shall be available at the hearing, in person or by telephone, in the event opposing party appears without following the procedures set forth in Local Rule 1.06(B). Defendant Faces, Inc.'s Motion for Summary Judgment and alternative Motion for Summary Adjudication are both DENIED for the following reasons. Objections Plaintiff and Defendant did not file any objections. Facts On March 24, 2019, Plaintiff ...

Excerpt: ... dispute over a warranty claim allegedly covering the individual's malfunctioning air conditioning system during extreme summer temperatures in Sacramento. Plaintiff alleges he made 92 telephone calls to Defendant, “lasting 810 minutes in duration, and over the 44 days from July 16, 2020, through August 28, 2020,” wherein “Defendants repeatedly promised and represented to Plaintiff the replacement and repairs would occur in an expedited man...

Excerpt: ...d causes of action for breach of warranty of habitability, breach of contract, breach of the covenant of quiet enjoyment, private nuisance, premises liability, negligence, retaliation, construction eviction, and unfair business practices. Plaintiffs' attorney withdrew from this case in February of 2020 and on 6/24/2020, one of the named defendants' demurrer to plaintiffs' complaint was sustained with leave to amend no later than 7/6/2020. On 7/7/...

Excerpt: ...cal Services of Florida, LLC (collectively “Defendants”) oppose the motion. This action arises out of the care and treatment plaintiff Helen Williams ("Ms. Williams") received while she was a resident of Manor Care of Citrus Heights CA, LLC ("MCCH" or the “facility”), a skilled nursing facility in Citrus Heights, California, from January 26, 2018, to February 22, 2018. Plaintiffs filed their original Complaint on June 4, 2019. The origina...

Excerpt: ... an action against Wells Fargo in connection with payments on her mortgage. Previously, the Court sustained Defendants' demurrer to the original pleading, with leave to amend, both on grounds of uncertainty and on grounds that it failed to state facts sufficient to constitute a cause of action because all of Plaintiff's claims were grounded in professional negligence and were thus barred by the one‐year statute of limitations set forth in Code ...

Excerpt: ...ntact Defendants (or their counsel, if they are represented) forthwith 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 Defendants prior to hearing, moving counsel is ordered to appear at the hearing. This is an action for breach of a Loan & Security Agreement (“LSA”) and Personal Guaranty signed by Lakhwinder Virk, both dated 10/17/2018. Plain...

Excerpt: ...dants Roman Smolevskiy, Vladyslav Rozumnyy, and dba A+ Construction Pro's (collectively “A+ Construction”) demurrer to Defendant/Cross‐Complainant Pacific Properties Group, Inc.'s (“PPG”) cross‐complaint (“XC”) is ruled upon as follows. Overview This is a personal injury action. In their first amended complaint (“FAC”), Plaintiffs Yekaterina Kucher (“Yekaterina”) and Vlad Kucher allege that PPG is the owner of property loc...

Excerpt: ...led on as follows. Defendants' and Plaintiffs' requests for judicial notice are granted. Plaintiffs filed their form complaint on May 29, 2019, alleging a cause of action for motor vehicle‐personal injury and general negligence. (ROA 1.) Defendants move for summary judgment on the grounds that California law mandates claims for personal injuries arising out of alleged professional negligence of a health care provider, such as the claim(s) made ...

Excerpt: ...calendar.) The Court fully incorporates herein its ruling on Plaintiff's motion for good faith settlement. (Item # 2 on today's calendar.) Overview This action involves the construction of the Hampton Inn, a four‐story hotel, and specifically a defective HVAC system known as the Daikin VRV‐II system (“VRV‐II” or “HVAC System”). Plaintiff Folsom Lodging, LLC (“Plaintiff”) alleges that it contracted with Poelman in 2007 for the ne...

Excerpt: ... 2019. Following a fall while being “transferred,” Ms. Baker complained of severe leg pain and was taken to Kaiser Hospital where she was diagnosed with a right tibial plateau fracture. The leg was placed in a splint and Ms. Baker was given pain medication before returning to Fair Oaks Estates. The next day Ms. Baker returned to Kaiser, which noted multiple medical problems unrelated to the tibial fracture and changed her pain medication befo...

Excerpt: ... motion for "limited" discovery is granted, plaintiff may file an Amended and/or Supplemental Opposition to Special Motion to Strike, not to exceed 10 pages, at least nine court days prior to the rescheduled hearing. (See ROA 27) On or around April 1, 2021, Plaintiff filed a Complaint for Damages and Injunctive Relief ("Complaint") against Defendant Sai Vang ("Defendant"). (Declaration of Liah M. Bumley ("Bumley Decl."), ¶ 4, Exhb. A ("Complaint...

Excerpt: ...o prepare an opposition. Plaintiffs allege that they were induced into purchasing a coin laundromat in a crimeridden area in Sacramento, based on misrepresentations from Defendant PWS and their agents. By way of their complaint, the Yuans seek, among other things, rescission of the purchase and sale contract. PWS' affiliate DPLA owned the premises on which the laundry is located and was Plaintiffs' landlord for the past three years. Plaintiffs re...

Excerpt: ... has been dismissed, although the document has not been scanned and the data entry on the dismissal was not until July 13 2021. The moving papers contend that this Declaratory Relief Action seeks a determination that Aspire does not owe coverage for the third party property damage because the vehicle was stolen. However, the Complaint does not allege that Aspire does not owe coverage under the policy's liability section for the third‐party vehi...

Excerpt: ...ill 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 of a triable issue of material fact. The parties are also reminded that pursuant to local Court rules, only limited oral argument is permitted on law and motion matters. *** The notice of motion does not provide notice of the Court's tentative ruling system, as req...

Excerpt: ...ht , resulting in a collision with plaintiff in the intersection as he was turning left. Plaintiff alleges causes of action for motor vehicle negligence, general negligence, intentional tort (civil battery), and gross negligence. Defendant files this motion for judgment on the pleadings as to the intentional tort cause of action for civil battery and the prayer for punitive damages. The court construes the motion for judgment on the pleadings as ...

Excerpt: ...o taught English as a second language, alleges she was injured on January 6, 2020 when an extremely loud horn blast from a gold‐line light‐rail train caused abrupt loss of hearing in her right ear when she was exiting 24 Hour Fitness 7th Street. She alleges she has lost her hearing and was required to undergo a hip replacement when she fell after the horn blast. She contends that the horn blast was unnecessary because there was no emergency, ...

Excerpt: ... Funding as a second position lien on the Property. (Request for Judicial Notice #1). (See Compaint ¶ 12) The deed of trust was recorded with the Sacramento County Recorder on November 1, 2019. A foreclosure sale was held and the trustee issued a trustee's deed upon sale (TDUS") for the Property transferring title to Aquino Trust #2919 R.Chavez Trustee. (RJN #2). The foreclosure sale was held on December 10, 2020 (Compl. ¶ 25). Aquino Trust the...

Excerpt: ...tion for writ of mandate filed in 2015, which is now on appeal. It was followed by another writ petition in 2017, which is presently stayed pending the appeal of the 2015 writ petition. The present civil action was commenced on 7/22/2019 and generally alleges that defendant Gina Carreon (“Carreon”), an employee in District's “HR” department (who obtained a judgment of dismissal in February 2021), and defendant Rittling, an attorney for th...

Excerpt: ... subject to judicial notice. “Simply because information is on the Internet does not mean that it is not reasonably subject to dispute.” (Huitt v. Southern California Gas Co. (2010) 188 Cal.App.4th 1586, 1605, fn. 10.) Complaint Allegations and Service This lawsuit primarily involves a dispute between business partners involving a truck used for hauling cargo. Plaintiff's Complaint also stems from a single‐vehicle accident involving the sub...