Excerpt: ...istance of her appointed counsel, Defendant Karri Iyama ("lyama"), who worked as a public defender for Defendant Sacramento County Public Defender's Office ("SCPDO"). (Complaint, "1 1-3.) Specifically, in September of 2020, Plaintiff resided at a facility in Sacramento called "All Love Transitional Living." (Complaint, '1 10.) A fire was reported at the facility, and fire investigator Paul Tualla responded and determined that the fire was arson. ...

Excerpt: ...s of action for imposition of a constructive trust, quiet title, unjust enrichment, declaratory relief, "fraud" and conversion. Plaintiff and defendant Garibay are married but are currently in the process of a marital dissolution in the Sacramento Superior Court's Family Law Division. The essence of this action is that in violation of a Family Law Judge's order deeming the subject residence to be a community property asset and prohibiting its sal...

Excerpt: ...insurance bad faith action, which arises out of an underlying auto versus 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...

Excerpt: ... was employed as a detox counselor by Defendant for approximately one year. Plaintiff alleges that on August 8, 2017 she was helping with the admission of a drug and alcohol abuse client and checked the client's purse in accordance with Defendant's standard operating procedure to ensure no drugs or alcohol were brought on the premises. Plaintiff alleges she cut her finger on a soiled razor belonging to a high risk client and reported the incident...

Excerpt: ...end in part. The notice of motion does not provide notce of the Court's tentative ruling system, as required by Local Rule 1.06. Cross-Defendant's 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 Cross-Defendant's counsel is unable to contact opposing counsel prior to hearing, Cross-Defendant's counsel is ordered to appear at th...

Excerpt: ...d into by Tragopan, as Landlord, and Plaintiffs, as Tenants to rent residential property located at 8083 Bucks Harbor Way in Sacramento, California (the "Lease Agreement"). (IAC Exh. A.) Generally, Plaintiffs allege the home was in disrepair upon move in and that after a sewage backup occurred in the downstairs bathroom toilet on June 13, 2022, the home became a health hazard requiring remediation and repair. Plaintiffs filed their Complaint on A...

Excerpt: ...oted in the October 19, 2022, ruling, "the dismissal filed by plaintiff was effective upon filing, and the trial court lacked jurisdiction to rule on defendants' ant-SLAPP motion (Code Civ. Proc., S 425.16). The Court also noted that despite the dismissal, it retained jurisdiction to entertain the merits of the anti- SLAPP motion in connection with determining whether Defendants are the preva-ling party and thus entitled to attorneys' fees pursua...

Excerpt: ...three state prisons. Plaintiff alleges that it subcontracted with Vistam to provide electrical services at several of the CDCR's facilities and that Vistam failed to pay as agreed. Plaintiff alleges breach of contract (written and oral) causes of action against Vistam in addition to various common counts, stop notice causes of action and a cause of action for failure to provide a bond. Vistam moves for summary adjudication as to Plaintiff's first...

Excerpt: ...er 7, 2022 order on the basis that new and different facts in the form of a November 11, 2022 real estate appraisal showed a decrease in the subject property's value and also that "Mr. Cooper" which is the brand name for Natonstar Mortgage, LLC, has priority over Plaintiffs' judgment lien. "When an application for an order has been made to a judge, or to a court, and refused in whole or in part, or granted, or granted conditionally, or on terms, ...

Excerpt: ...unsel is ordered to notify Plaintiff's counsel immediately of the tentative ruling system and to be available at the hearing, via Zoom or by telephone, in the event Plaintiff's counsel ap#ars without following the procedures set forth in Local Rule 1.06(8). Harbor Distributing, LLC's ("Harim Objections to Declaration of Kevin McGee: Objection No. 1 to '1 3, on grounds of secondary evidence rule; misstates evidence and improper legal opinion: OVER...

Excerpt: ...ed her brief 1.5 page opposition. In this action, Plaintiff alleges that she was rear-ended by a vehicle driven by Defendant. At issue on the instant motion are Defendant's responses to Plaintiff's special interrogatories nos. 2-6, and 8- 11. These straightforward contention interrogatories ask whether Defendant's driving was a substantial factor in causing Plaintiff's injuries, whether Defendant was responsible for the crash, whether Defendant w...

Excerpt: ...ed the incorrect address in its notice of motion. The correct address for Departments 53 and 54 of the Sacramento County Superior Court is 813 6th Street, Sacramento, California 95814. Plaintiff shall notify Defendant immediately. Defendant filed an untimely opposition on Monday, February 27, 2023, rather than Friday, February 24, 2023, as required under CCP S 1005. The Court has reluctantly considered the untimely opposition, but Defendant is ad...

Excerpt: ... Baker, et al. are members of Suisun 355. In their first amended complaint ("FAC"), Plaintiffs allege causes of action for (1) inspection of company's records; (2) accounting; (3) breach of fiduciary duty; (4) unjust enrichment; and (5) aiding and abetting breach of fiduciary duty. Plaintiffs allege that Defendant breached a breach of fiduciary duty and loyalty to Suisun 355 by failing to provide members access to books and records, failed to rep...

Excerpt: ... to request a hearing. If Ojeda's counsel is unable to contact Plaintiffs prior to hearing, Ojeda's counsel is ordered to appear at the hearing. Factual and Procedural Background This actons arises out of a transit bus incident that occurred on November 29, 2017. Plaintiffs Tinki Castillo, as guardian ad litem for Tariq Castillo ("Plaintiffs") filed the Complaint on June 20, 2018, against defendant Sacramento Regional Transit District ("SacRT") a...

Excerpt: ...208, Plaintiff filed a lawsuit in the United States District Court, Eastern District of California, Case No. 2:18-cv-02048- JAM-DB. Therein, Plaintiff asserted various federal and state law claims against Defendants. (Mastorakos Decl. 3, Exh. A.) On March 12, 2020, Defendants filed a motion for summary judgment. (Mastorakos Decl. '1 4.) While the summary judgment motion was pending, the parties stipulated to dismiss, in pertinent part, Plaintiff'...

Excerpt: ..., 2022, at the request of Petitioner based on Petitioner's representation that he had been unsuccessful in serving Respondents with the petition. (See ROA 13, 17.) On September 20, 2022, the Court continued the hearing to October 25, 2022 at Petitioners request based on his ongoing difficulties serving (ROA 22.) On October 25, 2022, the Court again continued the hearing to December 6, 2022. (ROA 26.) On December 6, 2022, the Court continued the h...

Excerpt: ...d an express agreement to serve documents electronically, it is apparent that the parties regularly served documents electronically, including Defendants' opposition to the motion. (See Wright Decl. ISO Reply, ¶ 2, Exh. 6.) Further, Defendants' assertion that Plaintiffs were required to serve the motion five days earlier is incorrect. A document served electronically is deemed to have been served at the time it is sent. (CCP § 1010.6(a) (3), (4...

Excerpt: ...le 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. Background This is a lemon law action. On November 18, 2017, Plaintiff purchased a 2018 Dodge Charger manufactured by ...

Excerpt: ...d granted. Defendant's counsel is admonished for failing to comply with CRC Rule 3.1110(f)(4). Exhibits must be separated by hard paper or plastic tabs that extend below the page. Background This is a personal injury action in which Plaintiff alleges that he was injured while being transported by the Sacramento County Sheriff's Department to Kaiser for a mental evaluation because the Sheriff's Deputy operating the transport vehicle failed to prop...

Excerpt: ...ng that “all papers opposing a motion and all reply papers shall be served by personal delivery, facsimile transmission, express mail, or other means… reasonably calculated to ensure delivery to the other party or parties not later than the close of the next business day.” (Underline added for emphasis.) The proof of service attached to the opposition papers fails to comply with Code of Civil Procedure §1013a, requiring the “exact title�...

Excerpt: ...n for judgment on the pleadings as to Plaintiff's initial complaint is unopposed and granted. Allegations in FAC This is a breach of contract action involving a sale of a residence. Plaintiff entered into a written contract to purchase certain real property in Elk Grove from Defendant IMC Enterprise, Inc. (“IMC”). Inessa served as the real estate agent for IMC in the sale. Inessa is also the sole shareholder and alter ego of IMC. (FAC, ¶ 14....

Excerpt: ...utrix of the Estate of Lloyd Bagnell; (4) Global Capital Concepts, Inc.; and (5) “all persons unknown claiming any legal or equitable right, title, estate, lien or interest in the property described in the complaint adverse to plaintiff's title, or any cloud upon plaintiff's title thereto.” According to the FAC, the subject real property commonly known as 9348 Golden Gate Avenue, Orangevale, CA 95662 was previously owned by Defendants Lloyd a...

Excerpt: ...al Background This action arises from an incident occurring at California State Prison, Sacramento in February 2019. Plaintiff alleges he was ordered to prepare for transfer to a different facility and when he attempted to explain the transfer was “improper,” the correctional officers assaulted him with “a corrosive burning agent.” The officers then attempted to extract plaintiff from his cell by force, using various implements. Plaintiff...

Excerpt: ...appear on Zoom telephonically, call (833) 568-8864 and enter the Zoom ID: 16146506749. Defendant Jason Kenneth Miller's (“Defendant”) demurrer to incarcerated plaintiff in pro per Eduard Kamilchu's (“Plaintiff”) Complaint is UNOPPOSED and ruled upon as follows. Defendant's request for judicial notice is granted as to the Complaint, Summons, and Proof of Service of Summons filed in this action. Defendant's request for judicial notice is de...

Excerpt: ...retion, the Court considers the opposition. Plaintiff filed the instant complaint against Defendant arising from her purchase of a 2022 Nissan Frontier (the “Vehicle”) from Nissan of Elk Grove. Plaintiff alleges that the vehicle contains defects. Plaintiff alleges causes of action against Defendant for breach of warranties under the Song-Beverly Act. Plaintiff alleges she received various warranties from Defendant in connection with the purch...