Excerpt: ...Act. (Third Amended Complaint, "TAC," ¶¶ 7, 23.) Plaintiff alleges that when he tried to pick up his game tickets at the will‐call table that day, Krivacic took the envelope containing Plaintiff's tickets from an attendant at the table, examined Plaintiff's tickets, and gave the tickets back to the attendant, who then gave the tickets to Plaintiff. (TAC ¶ 7.) Plaintiff alleges that Krivacic did not examine the tickets of other customers and ...

Excerpt: ...an L. Porter Revocable Trust, defendant will be referred to as “Porter Trustee.” Porter and Porter Trustee will be referred to collectively herein as “Defendants.” Factual and Procedural Background This action arises out of a dispute between plaintiffs McMillan Storage, LLC (the “LLC”), an Idaho limited liability company, and Marvin Remmich, as Trustee of the 2004 Marvin A. Remmich and Susan P. Remmich Community Property Trust U/D/T D...

Excerpt: ...See Cal. Rules Court, rule 3.1300(d).) Further, there are numerous deficiencies regarding service of Plaintiff's opposition. Plaintiff appears to have signed his own proof of service, and because he is a party, it was impermissible for him to do so. (Code Civ. Proc., § 1013a.) The corresponding proof of service only states that “I HEREBY CERTIFY that I mailed a copy of the foregoing pleading to opposing counsel of record, postage prepaid, this...

Excerpt: ... Superior Court is 813 6th Street, Sacramento, California 95814. On June 16, 2021, Plaintiff filed his complaint against Happe and Defendant Main Street Associates, Inc. (“Main Street”) alleging several causes of action including breach of contract and fraud. (ROA 1.) Plaintiff eventually dismissed all causes of action against Ronald Happe and all causes of action against Main Street except the breach of contract cause of action. (ROA 12.) On...

Excerpt: .../www.saccourt.ca.gov/court‐reporters/docs/crtrp‐6a.pdf. Parties may contact Court‐Approved Official Reporters Pro Tempore by utilizing the list of Court Approved Official Reporters Pro Tempore available at https://www.saccourt.ca.gov/court‐reporters/docs/crtrp‐13.Pdf A Stipulation and Appointment of Official Reporter Pro Tempore (CV/E‐206) is required to be signed by each party, the private court reporter, and the Judge prior to the h...

Excerpt: ...acramento Superior Court website at https://www.saccourt.ca.gov/courtreporters/docs/crtrp‐6a.pdf. Parties may contact Court‐Approved Official Reporters Pro Tempore by utilizing the list of Court Approved Official Reporters Pro Tempore available at https://www.saccourt.ca.gov/court‐reporters/docs/crtrp ‐13.Pdf A Stipulation and Appointment of Official Reporter Pro Tempore (CV/E‐206) is required to be signed by each party, the private cou...

Excerpt: ...he Sacramento Superior Court website at https://www.saccourt.ca.gov/courtreporters/docs/crtrp‐6a.pdf. Parties may contact Court‐Approved Official Reporters Pro Tempore by utilizing the list of Court Approved Official Reporters Pro Tempore available at https://www.saccourt.ca.gov/court‐reporters/docs/crtrp ‐13.Pdf A Stipulation and Appointment of Official Reporter Pro Tempore (CV/E‐206) is required to be signed by each party, the private...

Excerpt: ...te at https://www.saccourt.ca.gov/court‐ reporters/docs/crtrp‐6a.pdf. Parties may contact Court‐Approved Official Reporters Pro Tempore by utilizing the list of Court Approved Official Reporters Pro Tempore available at https://www.saccourt.ca.gov/court‐reporters/docs/crtrp ‐13.Pdf A Stipulation and Appointment of Official Reporter Pro Tempore (CV/E‐206) is required to be signed by each party, the private court reporter, and the Judge...

Excerpt: ...e Sacramento Superior Court website at https://www.saccourt.ca.gov/courtreporters/docs/crtrp‐6a.pdf. Parties may contact Court‐Approved Official Reporters Pro Tempore by utilizing the list of Court Approved Official Reporters Pro Tempore available at https://www.saccourt.ca.gov/court‐reporters/docs/crtrp ‐13.Pdf A Stipulation and Appointment of Official Reporter Pro Tempore (CV/E‐206) is required to be signed by each party, the private ...

Excerpt: ...le on the Sacramento Superior Court website at https://www.saccourt.ca.gov/court‐reporters/docs/crtrp‐6a.pdf. Parties may contact Court‐Approved Official Reporters Pro Tempore by utilizing the list of Court Approved Official Reporters Pro Tempore available at https://www.saccourt.ca.gov/court‐reporters/docs/crtrp‐13.Pdf A Stipulation and Appointment of Official Reporter Pro Tempore (CV/E‐206) is required to be signed by each party, th...

Excerpt: ...or Court website at https://www.saccourt.ca.gov/courtreporters/docs/crtrp‐6a.pdf. Parties may contact Court‐Approved Official Reporters Pro Tempore by utilizing the list of Court Approved Official Reporters Pro Tempore available at https://www.saccourt.ca.gov/court‐reporters/docs/crtrp ‐13.Pdf A Stipulation and Appointment of Official Reporter Pro Tempore (CV/E‐206) is required to be signed by each party, the private court reporter, and...

Excerpt: ...plaintiff in pro per's written discovery requests is ruled upon as follows. *** If oral argument is requested, the parties must at the time oral argument is requested notify the clerk and the opposing party of the specific discovery requests that will be addressed at the hearing. The parties are also reminded that pursuant to local rules, only limited oral argument is permitted on law and motion matters. *** The notice of motion does not provide ...

Excerpt: ...itled the Second Amended and Restated Loan Agreement (“SARLA”), which required La Posta to pay back money it had borrowed from YAN to finance the construction of a casino. YAN's sole recourse for a failure to pay the debt would be to seize the casino revenues and casino‐related assets, unless YAN obtained a final determination that La Posta had committed fraud in connection with the agreement. After La Posta failed to make payments, YAN com...

Excerpt: ...epresentative action involving various claims for violations of the Labor Code. On April 28, 2022, this Court granted Plaintiff's motion for preliminary approval of the settlement Plaintiff now moves for final approval of the settlement. Courts review class action settlements in a two‐step process: (1) an earlier conditional review by the court; and (2) a later detailed review after the period during which notice is distributed to class members...

Excerpt: ... Harms (“Harms”), a nurse employed by Dignity Health, while Plaintiff was a patient in Dignity Health's intensive care unit (“ICU”). Defendant seeks judgment on the pleadings as to the entire complaint on grounds it fails to state facts sufficient to constitute a cause of action. Defendant also seeks judgment as to the second through sixth causes of action on grounds the claims are barred by the applicable statute of limitations. Finally,...

Excerpt: ...of Folsom and County of Sacramento. However, per a stipulation between Petitioner and County of Sacramento filed with the Court, Petitioner is no longer pursuing claims against County of Sacramento, and thus the petition with respect to that entity is moot and shall proceed against City of Folsom only. (ROA 15.) Thus, the petition with respect to County of Sacramento is DROPPED. The remainder of this ruling will address the petition with respect ...

Excerpt: ...urate, non‐evasive response that was properly authenticated with a code‐compliant verification. (Adams Decl., ¶ 5) Plaintiff now moves for an order deeming the truth of the matters specified in the RFAs to be admitted. The record indicates Defendants moved for a protective order on July 22, 2022. (ROA 134; Code Civ. Proc. § 2033.080) The motion was subsequently continued for a concurrent hearing with the instant motion. In its tentative rul...

Excerpt: ... a total of nine causes of action stemming from allegations that Defendant discriminated and retaliated against him due to his disability. Plaintiff has worked for Defendant as a plastic surgeon since approximately 2010, received positive reviews, and was on track for a full tenured professorship. As of 2018, Plaintiff worked out of an office in a newly constructed building called North Addition located on UC's campus in midtown Sacramento. The o...

Excerpt: ...ailed to serve the opposition by a means “reasonably calculated to ensure delivery to the other party or parties not later than the close of the next business day after the time the opposing papers or reply papers, as applicable, are filed.” (Code Civ. Proc. § 1005(c).) The Court agrees Plaintiff's service of the opposing papers via regular mail failed to comply with this requirement. However, Attorney Defendants claim they were prejudiced i...

Excerpt: ...avor of LMA and judgment was entered on November 24, 2014. (ROA 170‐171.) The Court also granted several motion by LMA for attorney's fees. On October 9, 2018, Esch filed a notice of appeal of an order granting attorney's fees incurred on appeal. (ROA 608.) The Appellate Court affirmed the award of attorney's fees, awarded LMA its costs on appeal, and a remittitur was issued. (ROA 619.) On June 29, 2021, LMA brought a further motion for an awar...

Excerpt: ...Plaintiff asserts that Defendant Metkeo Keomany applied for and received a loan from Plaintiff and ultimately defaulted on said loan after making some payments. (UMF Nos. 1‐6, 10.) In its complaint, Plaintiff asserts a single cause of action for common counts based on an open book account for money due and an account stated in writing between Plaintiff and Defendant. According to Plaintiff's computerized records of the loan, which are maintaine...

Excerpt: ...emurs to the Fifth Cause of Action for “Fraudulent InducementConcealment.” Defendant raises two grounds: (1) the cause of action fails to state facts sufficient to establish fraud, and (2) it is barred by the economic loss rule. First, citing Tarmann v. State Farm Mut. Auto Ins. Co. (1991) 2 Cal.App.4th 153, 157, Defendant argues that facts supporting a claim of fraud must be pled specifically, but Plaintiff has only alleged them in a conclus...

Excerpt: ... that caused her to leave work on May 20, 2019. (Compl., ¶ 6.) Plaintiff further alleges that her physician recommended she take a leave of absence until July 22, 2019, and thus she was terminated during her medical leave of absence. (Compl., ¶ 6.) Plaintiff filed her complaint in this action on June 14, 2021 and alleged a total of seven causes of action. The first five causes of action are based on the Fair Employment and House Act (“FEHA”...

Excerpt: ...nt and an accompanying motion to strike. CONTENTIONS 1. Moving Papers Defendant only demurs to the Fifth Cause of Action for “Fraudulent InducementConcealment.” Defendant raises three grounds. First, Defendant argues that the cause of action is barred by the three‐year statute of limitations under Code of Civil Procedure section 338 because the fraud occurred on the date of the purchase on July 11, 2017, but Plaintiff did not file the actio...

Excerpt: ...e 2017, Stonebarger served as the CEO of CB1 Labs, Inc., a company providing administrative services to cannabis companies. (Stonebarger Decl. ¶ 5.) At one point around 2017‐2018, Stonebarger met Rodriguez ‐ a broker ‐ and helped him draft the Operating Agreement for Pure Investments, LLC. (Stonebarger Decl. ¶ 9; Rodriguez Decl. ¶¶ 6‐9, Ex. A.) At another time in 2018, Crystal Matter, an attorney who had worked on legal matters for St...

Excerpt: ...breach of contract; (2) promissory fraud; (3) elder abuse; and (4) negligence. Plaintiff's elder abuse claim is based on Welfare and Institutions Code section 15600, et seq. (hereafter, “Elder Abuse Act”), and thus Plaintiff seeks the heightened remedies provided in those statutory provisions. Specifically, Plaintiff seeks recovery for compensatory damages and attorneys' fees and costs as specified in Welfare and Institutions Code section 156...

Excerpt: ...” or “Decedent”), by and through his Successor in Interest, Dennis Aguilar (collectively, “Plaintiffs”). Defendants' motion is ruled upon as set forth herein. I. BACKGROUND This action was initiated on November 10, 2015 (Register of Actions ("ROA") 1) and was granted preference on March 15, 2016 (ROA 28) while Decedent was still living. Decedent died on May 26, 2017. The case was assigned for trial to this Court (Judge Richard K. Sueyos...

Excerpt: ...rt'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. Defendant has indicated the incorrect address in its notice of motion. The correct address for Department 53 of the Sacramento County Superior Court is 813 6th Street, Sacramento, California 95814. Counsel for Defendant shall notif...

Excerpt: ...tion of the motion herein, the Court must still hold a hearing on the motion as it may involve the receipt of evidence or an appearance by a Class Member. Although the Court anticipates that no party will request oral argument, and while no Class Member indicated any intent to appear at the hearing, this does not relieve the parties from appearing at the hearing or otherwise render the instant ruling final in the event oral argument is not reques...

Excerpt: ...ity discrimination against the CDT. In his 186 page FAC containing 709 paragraphs, Plaintiff added 19 additional causes of action and 20 new defendants. The FAC 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 the CDT. Due to the voluminous nature of the FAC, the Court is simply unable to summarize the allegations i...

Excerpt: ...Amended Complaint (“1AC”) is OVERRULED in part and SUSTAINED in part with leave to amend as follows. Factual and Procedural Background This action arises from Plaintiffs' stay at Vince's Motel from April 2, 2017, through April 11, 2017. Plaintiffs allege that at the time of their stay the motel had a bedbug infestation and that management was aware of the problem, but failed to notify them of the presence of bedbugs in their room or remedy th...

Excerpt: ...ting Janssen Malloy's motion to quash on the basis that Plaintiff's claims against them were barred by tribal sovereign immunity. ( Acres v. Marston (2021) 72 Cal.App.5th 417.) Janssen Malloy also had a pending antiSLAPP motion which the Court declined to reach because it found it was moot as a result of its ruling on the motion to quash. Janssen Malloy now demurs to the complaint and also renews its previously filed anti‐ SLAPP motion. The Cou...

Excerpt: ... an undivided 50% interest in the property as joint tenants. Plaintiff contends Defendant has refused to allow her to access the property, she is unable to continue paying the mortgage and related expenses, and the home will foreclose if she does not pay. Thus, she wishes to sell the property. Plaintiff now seeks an interlocutory judgment of partition and sale pursuant to CCP §§ 872.210 and 872.710. Plaintiff proposes that Kevin Singer be appoi...

Excerpt: ... On January 27, 2022, the Court granted Plaintiff's unopposed motion to deem matters admitted. (ROA 15.) Plaintiff now moves for judgment on the pleadings based on these admissions. Specifically, that Defendant admits she applied for a credit card account with Plaintiff, she received the Customer Agreement when she received the credit card, the Customer Agreement provided that by using the credit card she agreed to bound by the terms therein, she...

Excerpt: ...whether a proposed settlement in a class action is fair. (Rebney v. Wells Fargo Bank (1990) 220 Cal. App.3d 1117, 1138.) The law favors settlement, particularly in class actions and other complex cases where substantial resources can be conserved by avoiding the time, cost, and rigors of formal litigation. (See Newberg on Class Actions 4th (4th ed. 2002) § 11.41 (and cases cited therein); Class Plaintiffs v. City of Seattle (9th Cir. 1992) 955 F...

Excerpt: ... complaints is granted. The Court declines Crossroads' request to consider the instant motion unopposed due to Plaintiffs' untimely filings. It is true that the opposition was filed and served one day late on September 1, 2022 and that an amended separate statement and declaration were filed on September 7, 2022. But the amended documents only appeared to include a deposition transcript of a deposition clearly referred to in the opposition. In an...

Excerpt: ...ific evidence which is claimed to show the existence or nonexistence of a triable issue of material fact. *** Defendant 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. Defendant's counsel shall notify Plaintiffs' counsel of the correct address immediately. Defendant Gregory Herrera, M.D. moves for summary jud...

Excerpt: ... 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 telephone. The notice of motion provides the incorrect address of Department 54. The correct address...

Excerpt: ...onversion, undue influence, breach of trust, constructive trust, and unjust enrichment. Plaintiff, is the nephew of decedent Eva Walker, who passed away in January 2019. Plaintiffs allege that following the Decedent's husband's death, Defendant and Elke Muelder “increasingly insinuated” themselves into the Decedent's personal and financial affairs, including but not limited to intimidating her into cutting off contact with other people and ex...

Excerpt: ...her response to Plaintiff's Requests for Production, Set Three, number 23. (ROA 48.) Request number 23 seeks “[a]ny and all cell phone records including, but not limited to, phone calls or text messages within thirty minutes prior and thirty minutes subsequent to the INCIDENT.” The Court, in its June 21, 2022, Order stated in relevant part: “First, the Court is not persuaded Defendant has met her burden to establish the request implicates a...

Excerpt: ...ce of the Court's tentative ruling system as required by Local Rule 1.06(D). Plaintiff is ordered to notify Defendant immediately of the tentative ruling system and the manner to request a hearing. If Plaintiff is unable to contact Defendant prior to hearing, Plaintiff is ordered to appear at the hearing. On July 6, 2022, this Court granted defendant the Regents of the University of California's (“Defendant”) Ex Parte Application to dismiss t...

Excerpt: ...ode §§ 288 (a) and 288(b)(1) in Sacramento Superior Court Case No. 21FE000951 based on allegations he sexually abused and molested Plaintiff. Defendant moves to stay this civil matter pending resolution of the criminal case. He contends that absent the stay, he will be precluded from offering a meaningful defense without waiving his Fifth Amendment rights. Plaintiff opposes the motion on the basis that it is premature because there is no pendin...

Excerpt: ...n of notice by publication. Plaintiff shall submit a revised proposed order for the Court's signature pursuant to CRC Rule 3.1312. The Court notes that after the April 21, 2022 tentative ruling posted, the parties entered into a protective order and the Court granted CDPH's motion summary adjudication as to the invasion of privacy pursuant to Article I, Section I of the California Constitution cause of action. Notice by Publication CRC Rule 3.766...

Excerpt: ... are directed to notify the clerk and opposing counsel at the time of the request which of moving defendants' 12 separate issues for summary adjudication, which of moving defendants' 205 Undisputed Material Facts, which of plaintiff's 45 Additional Material Facts and/or which of defendants' 40 objections to evidence will be addressed at the hearing. The parties should be prepared to point to specific admissible evidence already in the record whic...

Excerpt: ...at “In about mid ‐ 2017, Plaintiff was diagnosed with breast cancer and went through a bilateral mastectomy with immediate reconstruction surgery. Thereafter, Plaintiff also had to undergo a hysterectomy. Next, Plaintiff was proscribed a course of chemo‐therapy. Plaintiff informed her direct supervisor Erik Smith of her medical/physical disabilities and went out on a medical leave of absence. While on medical leave, Plaintiff left several m...

Excerpt: ...eeyear or five‐year statutes, for example. Instead, the motion is a pleadings challenge that targets various allegations in the pleading and does not rely on extrinsic evidence. Defendant is proceeding in pro per and without counsel in this contract action. The Complaint alleges the following causes of action: (1) Breach of Contract; (2) Breach of Fiduciary Duty; (3) Fraud and Deceit; (4) Breach of Contract (Unjust Enrichment/ Restitution); (5)...

Excerpt: ...nt (“P&S Agreement”) with Moore, in which Moore agreed to purchase property located at 11060 N. Mather Boulevard, Rancho Cordova, California, (“Property”) for $3,000,000. In May 2021, without any additional consideration. Moore and Sugarman required Plaintiff to sign a document titled “Performance Agreement.” Pursuant to the Purchase Agreement, Moore and Sugarman agreed to pay a base amount of $2,000,000 for the Property prior to clos...

Excerpt: ...osing counsel of the specific issues or causes of action that will be addressed at the hearing. Counsel are also reminded that pursuant to local rules, only limited oral argument is permitted on law and motion matters. *** The opposition fails to comply with CRC Rule CRC Rule 3.1113(f), requiring a Table of Contents and Table of Authorities when the points & authorities exceed 10 pages, and CRC Rule 3.1110(b)(3)‐(4), requiring the dates the act...

Excerpt: ...tor America and Hyundai of Roseville LLC (“Defendants”) filed a motion to compel arbitration. (ROA 9.) Though Plaintiffs served standard discovery requests on March 22, 2021, the Court granted the motion to compel arbitration on April 1, 2021 (ROA 27), thereby rendering the matter stayed and discovery moot in this court. It is unclear by in the parties' papers whether the arbitration ever occurred. On November 9, 2021, Defendants extended an ...

Excerpt: ...rty forthwith and advise counsel of Local Rule 1.06 and the Court's tentative ruling procedure. If counsel for moving party is unable to contact counsel for opposing party 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). This litigation arises out of construction of a multi‐story parking g...

Excerpt: ...., ¶ 2, Exh. A (“Compl.”), ¶¶ 6‐8, 23‐26.) Plaintiff was transferred to a different facility on June 1, 2017 and died on July 7, 2017. (Compl., ¶¶ 26, 32.) Plaintiffs allege that Ms. Perry's skin breakdown and death were the result of the acts and omissions of Defendants as her caretakers. (Compl., ¶¶ 1, 35, 45, 56.) The Plaintiffs in this action consist of Ms. Perry's surviving husband, Dennis E. Perry, who is pursuing claims indi...

Excerpt: ...eir existence, not the truth of their contents. (Herrera v. Deutsche Bank Nat'l Trust Co. (2011) 196 Cal.App.4th 1366, 1375; Kalnoki v. First American Trustee Servicing Solutions LLC (2017) 8 Cal.App.5th 23, 36‐37 [proper for to take judicial notice of recorded land documents and find that the recorded deed of trust was the "legally operative document designating the beneficiary”]; see Professional Engineers v. Dep't of Transp. (1997) 15 Cal....

Excerpt: ...uant to local Court rules, only limited oral argument is permitted on law and motion matters. *** Opposing counsel failed to comply with CRC Rule 3.1110(b)(4). Factual Background This “lemon law” action commenced in March 2019 arises from plaintiffs' purchase of a new 2010 Chrysler minivan back in August 2010. It is alleged that this vehicle is defective in various respects including but not limited to its sliding doors that these defects “...

Excerpt: ...yment, he signed various documents, including an Arbitration Agreement, which purportedly requires the arbitration of any and all claims arising out of or related to Plaintiff's employment with Defendant. (Shanks Decl., ¶ 3 and Exh. A.) Plaintiff was employed until approximately July 2021. (Compl. ¶ 20.) On January 14, 2022, Plaintiff filed the instant representative action under the California Attorneys General Act (PAGA) alleging causes of ac...

Excerpt: ...edure 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. 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 the nonparties or their co...

Excerpt: ...stem, as required by Local Rule 1.06. Moving counsel is directed to contact the counsel for all other 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 opposing counsel prior to hearing, moving counsel is ordered to appear at the hearing by Zoom or by telephone. Defendant has indicated the incorrect address in its notice of motion. The ...

Excerpt: ...niel Johnson Jr. (“Plaintiff” or “Conservator”), appointed conservator of Arletha Johnson (“Arletha”) failed to comply with California Rules of Court, rule 3.1110(f)(3) which requires that each paper exhibit must 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. Francis Realty's requests for judicial notice of exhibit nos. 1, 9, and 17 ...

Excerpt: ... 8:30 p.m., Plaintiff Bercharis McGill (“Plaintiff”) was lawfully riding his motorcycle on Highway 49 near Defendant's property when his motorcycle hit some aggregate on the road, spun out of control and then crashed into a car traveling in the opposite direction. (Register of Actions [“ROA”] 1 [“Complaint”], p. 4.) This incident occurred within 100‐200 yards from the exit driveway of Defendant's property. Defendant owns, controls, ...

Excerpt: ...L NOTICE Plaintiffs' request for judicial notice of the initial Complaint in this matter is GRANTED. II. BACKGROUND This is an elder abuse case arising from the care and treatment rendered to 89‐yearold decedent John Bennetti, Jr. (“John”) while he was a patient at Sierra Nevada Memorial Hospital in June 2020. Plaintiffs allege that John's healthcare providers failed to identify that he was allergic to certain medications, and the administr...

Excerpt: ...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. Factual Background This action arises out of a partnership dispute. Suit was commenced on 1/13/2020 and trial is currently set for 10/25/2022. According to the moving papers, SCC now see...

Excerpt: ... years. Defendant Do now seeks to set aside the default previously entered against him on multiple grounds discussed below. Notably, while defendant insists plaintiff's service of the summons & complaint was invalid, defendant concedes he had actual knowledge of the lawsuit as early as 8/20/2011 when he received plaintiff's request for entry of defendant's default. The Court finds no opposition from plaintiff. Discussion The Court will now addres...

Excerpt: ...tion and to allow Ford to file a reply. In this action Ford filed a Judicial Council form complaint alleging causes of action for breach of contract and for common counts. The action arises from allegations that Boyd failed to make the required payments pursuant to a motor vehicle lease agreement (“Lease”). Ford alleged that the subject lease was assigned to it and that it is the owner of the leased vehicle. In the FACC Boyd alleges causes of...

Excerpt: ...uest for judicial notice in support of its motion is granted. Plaintiff's request for judicial notice and Defendants' supplemental request for judicial notice are denied as the subject documents were not relevant to the Court's decision on the motion. II. Defendants' Objections Defendants' objections to Plaintiff's evidence submitted in opposition to the instant motion are ruled as follows. Declaration of Leta Nichols Objection No. 1 – ¶ 2, Li...

Excerpt: ... Green (“Tracy”) (collectively, the “Greens”). This action arises out of an investment account with RBC that was numbered initially as Account No. ‐8808 and later changed to Account No. ‐5042 (the “Account”). The Account was a joint tenant account in the names of Lopez and her son ‐in‐law Jason. Lopez alleges the Account was opened with an initial deposit of $200,000. (1AC ¶ 9.) Lopez alleges unauthorized withdrawals were mad...

Excerpt: ...g with approximately 46 other notices) on April 7, 2022, for a May 2, 2022, deposition. Defendant's petition to compel arbitration was scheduled for May 12, 2022. On April 26, 2022, the parties entered an agreement to stay discovery pending a ruling on the petition to compel arbitration. The Court denied the petition on May 12, 2022. (ROA 47.) Plaintiffs' counsel contacted Defendant's counsel on May 13, 2022 seeking deposition dates regarding the...

Excerpt: ...tted on law and motion matters. *** Plaintiffs Ronald Bingham, et al.'s motion to compel Defendant Central Valley Specialty Hospital's (“CVSH”) further responses to form interrogatories is ruled upon as follows. In this elder abuse action, Plaintiffs allege claims against Defendants CVSH and others for elder abuse, fraud, and wrongful death arising out of the care and treatment of decedent Ronald Bingham. Plaintiffs allege that the Decedent w...

Excerpt: ...right, a sheriff deputy, operating a Ford Explorer patrol vehicle, lost control of his vehicle and collided with Plaintiff's minivan. Plaintiff alleges she sustained serious physical, emotional, and psychological injuries as a result and has continuing symptoms for which medical treatment is ongoing. Plaintiff's injuries included a herniated cervical disc; injury to her back, shoulders, hips, legs, and jaw; PTSD; and traumatic brain injury with s...

Excerpt: ...rally 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 of a settlement where the parties stipulat...

Excerpt: ...ness records to Wells Fargo Bank, N.A., or in the alternative, for a protective order is ruled upon as follows. I. Overview a. Nivano's Complaint In its action, Nivano alleges that Defendants and Cross‐Complainants Mitesh Patel, R.PH (“Patel”) and David Kyle D.O. (“Kyle”) (collectively “Defendants”) schemed to “illegally gain control of Nivano and to then illegally profit from its providers and their patients. Defendants did so by...

Excerpt: ...int, ¶ 4.) Defendant Comcopious Limited (“iCanPay”) is a Hong Kong shell company that does business under the name ICanPay through various subsidiaries. (Complaint, ¶¶ 5 and 17‐19; Shimogori Decl., ¶ 1.) Plaintiff alleges ComCopious' principal place of business is the home of its director and controlling shareholder, Defendant Kotaro Shimogori (“Shimogori”) located at 1506 Gorman Drive, Carmichael, California 95608. (Complaint, ¶ 6...

Excerpt: ...ff alleges that automobile accident caused a variety of injuries, including headaches, dizziness, post‐concussion syndrome and TBI. (Response to Form Interrogatory No. 6.2, Jacoby Decl., Exh. B.) Plaintiff alleges the above complaints persist and that Plaintiff continues to suffer other complaints such as “[d]iminished attention, concentration/conversations, fatigue, difficulty w/ focus, multi‐tasking, finding words, feeling off balance, po...

Excerpt: ...ices of depositions for persons most qualified (PMQ Nos. 3‐6) to Leisure Care. (McLaughlin Decl., ¶ 5, Exh. B.) Plaintiff served seven notices of depositions to Woodlake (PMQ Nos. 1‐ 7), four of which related to the same categories as those served on Leisure Care. (Ibid.) The depositions were noticed on dates between August 12‐16. (McLaughlin Decl., Exh. B.) Between August 8 and 12, Defendants served objections. (McLaughlin Decl., ¶ 6, Ex...

Excerpt: ...vidence which is claimed to show the existence or nonexistence of a triable issue of material fact. *** Plaintiff Daniel Tiamu Avegalio's (“Plaintiff”) motion for partial summary adjudication is ruled upon as follows. I. Overview This action arises from Plaintiff's purchase of a used vehicle (“Vehicle”) from Defendant SAII Enterprises, LLC (“Defendant”). Plaintiff alleges that Defendant misrepresented the Vehicle's true accident histo...

Excerpt: .... *** Defendant Sutter Valley Hospitals dba Sutter Roseville Medical Center's (“Sutter”) demurrer to the Fifth and Eighth causes of action in Plaintiff Barbara Young's (“Plaintiff”) second amended complaint (“SAC”) is ruled upon as follows. Overview This is an employment action. At issue in this demurrer are the causes of action for failure to make reasonable accommodations (COA 5), and violation of Labor Code section 1102.5 (COA 8.) ...

Excerpt: ... abetting; (6) "malicious (vindictive) prosecution"; (7) abuse of process; (8) wrongful use of civil proceedings; (9) defamation; (10) false light; (11) intentional infliction of emotional distress; (12) negligent infliction of emotional distress and (13) public disclosure of private facts. (Complaint.) Only the third, fourth, fifth, eleventh and twelfth causes of action are asserted against Moving Defendants. (Complaint.) Plaintiff and Defendant...

Excerpt: ...he tentative ruling to the litigation coordinator on or before the date of the scheduled hearing. The litigation coordinator shall provide the tentative ruling to Plaintiff 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 need not request oral argument. The Litigation Coordinator sha...

Excerpt: ... (2) fraud. CONTENTIONS Defendants filed this unopposed demurrer to both causes of action on the basis that they fail to state a cause of action and are uncertain. As to the first cause of action, Defendants argue that it fails because the alleged 20 percent interest on the promissory note is usurious in violation of article XV of the California Constitution, which caps interest in cases such as this at 10 percent. Defendants further argue that t...

Excerpt: ...ofit public benefit corporation. A trial is currently set for March 6, 2023. CONTENTIONS Defendants Move America Forward, Salvatore Russo, Melanie Swanson, Howard Kaloogian, and Shawn Callahan move for leave to amend their answer to the first amended complaint to allege an additional affirmative defense of selective prosecution. Defendants assert that recently completed depositions, which were noticed in April 2022, provided Defendants sufficient...

Excerpt: ...edecessor to Patelco Credit Union) secured by a deed of trust on the property. In 2008, Cal State 9 Credit Union assigned the beneficial interest under this deed of trust to Plaintiff. In 2009, an erroneous substitution of trustee was recorded on the deed of trust, purporting to appoint T.D. Service Company (predecessor to First American Title Insurance Company) as the new trustee and averring that Patelco was the beneficiary on the deed of trust...

Excerpt: ...LC, dba Laguna Woods, RCFE when Defendant Mee Lai Fong attacked Patton with a metal cane, ultimately leading to her death. CONTENTIONS 1. Moving Papers Defendants move to quash a deposition subpoena issued by Plaintiffs. The subpoena at issue is a records‐only subpoena under Code of Civil Procedure section 2020.410 issued on June 22, 2022 to Morrison & Garritano, an insurance broker that helped Defendants obtain insurance coverage for their nur...

Excerpt: ...hase of nut products. The contracts provided that “[a]ny claim relating to this contract, shall be settled by arbitration by the DFA [Dried Fruit Association of California] with its rules and judgment may be entered upon the award.” Petitioner claimed Respondents ordered nut products from it which they did not pay for. Petitioner initiated arbitration with the DPA and arbitration was held on January 20, 2022 before a three‐person panel of t...

Excerpt: ...is 42 years old. Plaintiff's motion is difficult to decipher, but from what the Court can glean, Case No. 714520 was a case wherein James E. Puiia sued Betty M. Puiaa for declaratory relief in 1976. Part of that case was apparently sealed in 1980 for unknown reasons. Attorney Weldon R. Reeves prepared a judgment in that case. Mr. Reeves was later disbarred in 1996 due to a false statement made in bankruptcy court. Both Mr. and Mrs. Puiia are dece...

Excerpt: ...considered Defendant's untimely reply brief filed on August 29, 2022 only two days before the hearing. Reply briefs in support of motions for summary judgment shall be filed "not less than five days" before the hearing "unless the court for good cause orders otherwise." (CCP § 437c(b)(4).) Given that five days before the August 31, 2022 hearing was Saturday August 27, 2022, Defendant was required to file the reply no later than August 26, 2022 i...

Excerpt: ...�) request for judicial notice of the Court's Minute Order on Defendants' demurrer to Plaintiff's First Amended Complaint in 34‐2019‐ 00262456 is granted. A court may take judicial notice of the existence of each document in a court file, and can take judicial notice of the truth of facts asserted in documents such as orders, findings of fact and conclusions of law, and judgments." (Bach v. McNelis (1989) 207 Cal.App.3d 852, 865.) Objections ...

Excerpt: ...ff Davita, Inc. was ordered to provide verified responses, without objections, to Defendant's form interrogatories (set one) no later than May 19, 2022. No sanctions were awarded though the Court indicated that further failures to comply with discovery could result in sanctions. Defendant now seeks terminating sanctions on the basis that Plaintiff has not provided the Court ordered responses. Defendant also requests issue and evidentiary sanction...

Excerpt: ...m telephonically, call (833) 568‐8864 and enter the Zoom ID: 16146506749. Incarcerated plaintiff in pro per Michael L. Garcia's ("Plaintiff") Motion for Appointment of Counsel is DENIED. Plaintiff is currently incarcerated in San Quentin, California. He filed his Complaint alleging excessive use of force and cruel and unusual punishment on June 16, 2022. This case is still at the pleading stage. Plaintiff has not filed a Proof of Service of Sum...

Excerpt: ... Aguilar's (collectively, “Plaintiffs”). Defendants' demurrer is ruled upon as follows: I. BACKGROUND This action was initiated on November 10, 2015 (Register of Actions ("ROA") 1) and was granted preference on March 15, 2016 (ROA 28) while Decedent was still living. Decedent died on May 26, 2017. The case was assigned for trial to this Court (Judge Richard K. Sueyoshi) in February 2020. In accordance with the Court's prior orders and COVID�...

Excerpt: ...e alleges he left his position with Defendant Gateway and obtained employment with First American but he was terminated after Defendants contacted First American and lied about him. In the TAC Plaintiff alleges causes of action for (1) breach of contract; (2) defamation; (3) tortious interference with contractual relationship; (4) intentional interference with prospective economic relations; (5) negligent interference with prospective economic re...

Excerpt: ...ew This is a personal injury action. Pursuant to CCP §§ 2025.420, 2034.430(b) and 2034.450(a), Plaintiff moves for a protective order to compel Defendant to pay the fees of Plaintiff's expert witness, Dr. Rakesh Donthineni, whom Defendant deposed. Dr. Donthineni is a board‐certified orthopedic surgeon specializing in spinal surgery. Dr. Donthineni appeared at an August 4, 2022 for three hours. Defendant did not complete Dr. Donthineni's depos...

Excerpt: ...let Cruze (“Vehicle”) which was manufactured and/or distributed by GM. Plaintiff received an express warranty, including, a 3‐ year/36,000‐mile express bumper to bumper warranty and a 5‐ year/100,000‐ mile powertrain warranty which, inter alia, covered the engine and transmission; and subsequently received a 10‐year/150,000‐ mile special coverage adjustment (i.e., extended warranty), which covers the water pump and/or related cool...

Excerpt: ...Sacramento. Plaintiff alleged that the Taylor Investment Company, its predecessor in interest, entered into a lease for the Premises (the “Lease”) with GameStop, Inc. in 2003. The Lease was assigned to Defendant in April 2015. Plaintiff alleged that Defendant has breached the Lease by failing to make timely rental payments. On April 20, 2022, this Court granted Plaintiff's motion for summary judgment and a formal order indicating that judgmen...

Excerpt: ...ion. Lopez filed an anti‐SLAPP motion, arguing her petition and speech was absolutely privileged. Judge David Brown granted her motion as to her complaint to the Assembly but denied it as to her statements to the press. Lopez appealed, and the Third District Court of Appeal reversed the partial denial, instructing this Court to grant the entire anti ‐SLAPP motion and to conduct further proceedings pursuant to the anti‐SLAPP law. The parties...

Excerpt: ...iffs Edward and Ikuko Korthof's (collectively “Plaintiffs”) purchase of commercial real property (“Property”). Plaintiffs allege that Ryker Flint and Ryker Flint Commercial, Inc. (collectively “Flint”) acted as the broker for the Seller, codefendant 1530 X STREET, LLC (“LLC). Flint later acted as Plaintiffs' agent for purposes of renting, leasing, operating and managing the property. Plaintiffs allege that Vujadin Jovic is an indivi...

Excerpt: ...nto, California 95814. Plaintiff's counsel is directed to contact opposing counsel forthwith to advise counsel of Department 53's correct address, Local Rule 1.06, and the Court's tentative ruling procedure. If Plaintiff's counsel is unable to contact opposing counsel prior to the hearing, Plaintiff's counsel shall be available at the hearing, in person or remotely (telephonically or by video conference via Zoom as stated in the introductory noti...

Excerpt: ...d her client files, and was in the process of seeking new counsel. Otis need not call to rerequest oral argument upon reposting of the tentative ruling below. The tentative ruling from the July 26, 2022 hearing is reprinted below. The motion of Defendant/Cross‐Defendant Otis Elevator Company (“Otis”) for summary judgment, or in the alterative, summary adjudication, in its favor and against Plaintiff Velma Butler (“Plaintiff”) is DENIED ...

Excerpt: ...ty Group, Inc. as the only defendant. However, the parties subsequently Stipulated to the Dismissal, with prejudice, of Simon Property Group, Inc., as this entity did not own or control the property in question. The parties also stipulated that Simon Financing Partnership, L.P. is the proper entity in this matter. See Stipulation of Counsel attached as Exhibit A to the Declaration of Counsel filed concurrently herewith. Thus, Simon Financing Part...

Excerpt: ...Complaint alleged the following causes of action: (1) Easement by Necessity; (2) Declaratory Relief; (3) Injunctive Relief; (4) Intentional Misrepresentation; and (5) Negligent Misrepresentation. After conducting discovery, Plaintiff now seeks to file a Third Amended Complaint (“TAC”) to include two (2) additional causes of action for implied easement by prior use and implied easement by prescription. Trial is currently set for November 1, 20...

Excerpt: ...n 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 hearing, moving counsel is ordered to appear at the hearing by Zoom or by telephone. Factual Background This conso...

Excerpt: ...not the truth of their contents. (See Professional Engineers v. Dep't of Transp. (1997) 15 Cal.4th 543, 590.) Factual Background This action was commenced on July 13, 2021 with the filing of Plaintiff's complaint. On September 27, 2021, Plaintiff filed a First Amended Complaint ("FAC") pleading five causes of action for (1) sexual harassment under Government Code § 12940(j); (2) race discrimination under Government Code § 12940(a); (3) disabili...

Excerpt: ...alment, and breach of implied warranties, while his spouse has a claim for loss of consortium. (Defendant's Statement of Undisputed Material Facts (“UMF”) No. 2.) Plaintiff alleges that he was diagnosed with Chronic Myelogenic Leukemia ("CML") in 2000 as a result of his work with and exposure to a number of chemical products listed in the complaint containing significant concentrations of benzene and other toxic chemicals from approximately 1...