Excerpt: ... of action for breach of contract and for common counts. The action arises from allegations that Defendant failed to make the required payments pursuant to a motor vehicle lease agreement. Plaintiff alleges that the subject lease was assigned to it and that it is the owner of the leased vehicle. Defendant demurs to all of the causes of action. At the outset, the Court rejects Plaintiff's argument that the demurrer should not be considered as it i...

Excerpt: ...eeded an injection. “The employees put blanket over the head of the Plaintiff's cat. One employee held the Plaintiff's cat's head and neck and then asked Plaintiff to hold her cat's rear legs, and Plaintiff did so. As an employee was getting ready to inject the Plaintiff's cat, the Plaintiff's cat turned and bit Plaintiff's right hand.” (First Amended Complaint, ¶ IX.) The court disagrees with Defendant that the court should deny the motion ...

Excerpt: ... matter was originally set for 5/4/2021. The court continued the matter because although Plaintiff served her opposition, she failed to file the opposition with the court. The court directed Plaintiff to file and re‐ serve her opposition by no later than May 6, 2021. Plaintiff filed her opposition on May 10, 2021. Despite the untimely filing of her opposition, the court, in its discretion will consider the opposition. Future violations of the C...

Excerpt: ... dementia. They allege Jo Anne Scoggins was assaulted and battered by Defendant Lindie Thomas in the kitchen of Silver Pines, causing her to fall to the ground, fracturing her hip. Lindie Thomas is alleged to have told an employee of Defendants that Debbie Loesch told her that "slides" do not have to be reported. Lindie Thomas instructed the employee to characterize the incident as a "slide" rather than a fall, and to not report the fall. The fal...

Excerpt: ... Cost: $377.50 Timeliness of Motion The court disagrees with Defendants that the motion is untimely. CRC Rule 3.1700(b)(1) provides “Any notice of motion to strike or to tax costs must be served and filed 15 days after service of the cost memorandum. If the cost memorandum was served by mail, the period is extended as provided in Code of Civil Procedure section 1013. If the cost memorandum was served electronically, the period is extended as pr...

Excerpt: ...r judicial notice is granted as to items 1 and 2, the Complaint and FAC filed in this action, but denied as to item 3, which purports to be a letter from the Insurance Commissioner for the Department of Insurance of the State of California. Item 3 is not the proper subject of judicial notice. Even assuming the Court took judicial notice of item 3, it would only take judicial notice of its existence, not the truth of its contents. (Joslin v. H.A.S...

Excerpt: ...al”) (collectively, “Defendants”) request for judicial notice is granted. Defendants' objections to the Declaration of Curtis C. Jung are overruled. This action arises from the alleged fraudulent transfer of $250,000 (the “Transferred Funds”) to the IOLTA account (the “Trust Account”) of Defendants in a series of transactions that were initiated by Jeffrey and Paulette Carpoff (the “Carpoffs”) as part of a Ponzi scheme. In 2018,...

Excerpt: ...ependent Elder Abuse and fraud. In the instant motion, Defendants demur to the Third Cause of Action for Fraud. Plaintiffs allege that Jason Hopkins (the "Decedent") was taken to the emergency room at Rideout Hospital on July 18, 2018. Plaintiffs are the Decedent's heirs. Plaintiff Heaven Hopkins is the Decedent's daughter. Plaintiffs Samantha Miller and Faith Turner are also the Decedent's daughters. Given their age, guardians as litem have been...

Excerpt: ...TAINED, with leave to amend. Plaintiff is an insurance salesman who allegedly worked for Defendants. He alleges that Defendants failed to properly compensate him. (See generally, FAC.) The FAC asserts causes of action for: (1) breach of contract, (2) defamation, (3) Intentional Infliction of Emotional Distress, (4) Tortious Interference with Business Relationship; Intentional Interference with Prospective Economic Relations, (5) Negligent Interfe...

Excerpt: ...in this action is granted. Plaintiff Prakash Prasad (aka Prakash Pande) (“Plaintiff”) filed an opposition one day late on May 5, 2021, only 13 court days prior to the hearing. Defendants have requested that the Court disregard Plaintiff's opposition in its entirety for being untimely. The Court declines this request and has considered Plaintiff's opposition. The untimeliness of the oppositio was not so great that Defendants were unable to pre...

Excerpt: ... located at 2012 Wyda Way, Sacramento, California (the “Wyda Way Property”). The Wyda Way Property is owned by defendants and cross‐complainants Seung P. Hong and Jin O. Hong (collectively, “Defendants”). Plaintiff currently owns the adjacent property located at 1860 Ethan Way, Sacramento, California (the “Ethan Way Property”). There is a 22 unit apartment building on the Ethan Way Property. Defendants previously owned the Ethan Way...

Excerpt: ... Plaintiffs' Special Interrogatories, Set One, number 1, is ruled upon as follows. Plaintiffs filed two separate motions, but the Court has elected to address both in this single ruling. Defendant has filed an omnibus opposition to both motions. Defendant did not submit a response to Plaintiff's separate statement. Defendant's request for judicial notice is objected to, but is granted. Taking judicial notice of the requested document did not impa...

Excerpt: ... Documents, and to have Requests for Admission (“RFAs”) deemed admitted. Defendant also seeks monetary sanctions in the amount of $2,100.00. The motion is ruled on as follows. Defendant served the subject discovery on February 16, 2021. The responses were due on March 22, 2021, and Defendant granted Plaintiff's counsel's request for a tenday extension to provide responses. Thereafter, however, no responses were forthcoming. This motion follow...

Excerpt: ...on to compel arbitration; finding that the RISC contained an arbitration provision requiring arbitration of any claim or dispute related to the vehicle and/or the RISC. (Order of 9/26/19, Register of Actions (“ROA”) 13.) That Order further provided, in pertinent part: The motion to compel is granted. (See, e.g. Sanchez v. Valencia Holding Co., LLC (2015) 61 Cal.4th 899.) The dispute between Petitioners and Pars Auto Wholesale, Inc. or Westlak...

Excerpt: ...ia Case No. Case No. 3:19‐cv4095,Canopy Growth USA LLC v. Research & Development Farming, LLC and Steven Samra. Plaintiff's representation occurred pursuant to a Retainer Agreement entered into by both Defendants on or about July 24, 2019 (the "Retainer Agreement"), signed by Samra individually and as the managing member of R&D. In the course of the representation, Plaintiff periodically invoiced Defendants for services provided and costs incur...

Excerpt: ...California Rural Indian Health Board, Inc. (“CRIHB”) which also allegedly owned the vehicle Defendant was driving. Plaintiff alleges that Defendant left the scene and was ultimately charged with a felony hit and run and a misdemeanor for making a false police report. The Court considered Defendant's opposition despite Plaintiff's argument in reply that it was untimely served. Plaintiff was able to file a complete reply. At issue on the instan...

Excerpt: ...ion, whistleblower retaliation in violation of Labor Code § 1102.5 and also a claim under Private Attorneys' General Act of 2004 (“PAGA”). Plaintiff alleges that she was sexually harassed while she was an employee of Sprouts in Vacaville. Plaintiff began her employment with Sprouts in May 2019 and her employment ended in August 2020. While the bulk of plaintiff's complaint focuses on conduct during her employment with Sprouts, she also alleg...

Excerpt: ...ndant Elizabeth James on April 4, 2011, for $11,612.62 in damages, plus $2,070.18 in prejudgment interest; $1,000.00 in attorney fees; and $517.50 in costs. The total default judgment amount was $15,200.30. The judgment was set to expire on April 4, 2021. On December 3, 2020, Plaintiff filed a notice of substitution of counsel along with a Notice of Renewal of Judgment against Defendant. (Aposhian Decl., ¶ 6). On December 3, 2020, the Court ente...

Excerpt: ...ge that J.C. Feagins, IV (the “Decedent”) was in custody at the Sacramento County Main Jail, that Defendant “negligently, unlawfully and carelessly owned, operated” the Jail, that defendant failed to exercise ordinary care and that as a result, the Decedent passed away. (Comp. ¶¶ 14‐21) Defendant moves for summary judgment on the basis that it is immune as a public entity. Defendant cites to Government Code § 815(a) that provides tha...

Excerpt: ...ge that they are officers and directors of Sacramento A‐1 Door (“A‐1 Door”) that were engaged in the process of selling the company's assets. They allege that the relied on InterWest Insurance Services, LLC, Mike McStocker, and Marie Lavana (collectively “Defendants”), their insurance brokers, to obtain ongoing Directors & Officers insurance coverage for A‐1 Door after the sale of the company's assets. Carolina issued the Directors ...

Excerpt: .... Mina”) (the “Subpoena”) is DENIED. This instant motion was continued by the Court to be heard concurrently with Plaintiffs' motion to compel Mr. Mina's deposition. This case arises out of a three vehicle collision between non‐party Joseph Inch (“Mr. Inch”), plaintiff Zaka Vera (“Mr. Vera”), and Oscar Vasquez ("Mr. Vasquez"), a driver for Defendants' rental‐car relocation company. Plaintiffs allege Mr. Vasquez rearended Mr. Ver...

Excerpt: ...le and installation of premium fireplace products. Plaintiff alleges that Lundgren, its former employee, misappropriated: “9. Plaintiff's confidential and trade secret information includ[ing], among other things, customer lists and contacts; customer information; customer proposals and contracts; and pricing information.” (Complaint, ¶ 9.) On 4/6/2021, Plaintiff served its Amended Trade Secret Designation. It identified its trade secrets as:...

Excerpt: ...e whether a proposed settlement in a class action is fair. (Rebney v. Wells Fargo Bank (1990) 220 Cal. App.3rd 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) 95...

Excerpt: ...each of fiduciary duty, negligent misrepresentation, and intentional misrepresentation fail to state facts sufficient to constitute a cause of action under Code of Civil Procedure section 430.10(e), since they are time‐barred by the applicable statute of limitations set forth in Code of Civil Procedure section 340.6(a) and do not relate back to the filing of the original complaint. Defendants allege that the addition of Plaintiff Joe's Logistic...

Excerpt: ..., LLC; and S360 Properties' (collectively, “ACC Cross‐Complainants”) amended cross‐complaint (“ACC”). The demurrer is ruled on as follows. The notice of motion does not provide notice of the Court's tentative ruling system as required by Local Rule 1.06(D). Cross‐Defendants is directed to immediately provide notice to ACC Cross‐ Complainants of the tentative ruling system and to be available at the hearing, via Zoom video or audio...