Excerpt: ...gapito Cardona's (collectively, “Defendants”) motion to set aside default and default judgment pursuant to CCP § 473(b) is GRANTED. Defendants' request for judicial notice of the default judgments in the Court's file is granted. (See ROAs 17, 20.) Plaintiff David J. Adams, Jr. (“Plaintiff”) filed the personal injury complaint in this action on December 6, 2018. According to the Proof of Service of Summons & Complaint filed on January 9, ...

Excerpt: ...Renee Phillips' motion to vacate request for dismissal and reinstate the action is granted. Plaintiff's request for judicial notice is granted. In this employment action Plaintiff filed her complaint on February 28, 2018 against Defendants Wayne and Suzanne Schell, Peter Borg and Laguna Del Sol. At the time she was represented by Mark Gallagher. Mr. Gallagher was suspended from the practice of law by the State Bar in January 2019. In June 2019 Pl...

Excerpt: ...costs is ruled upon as follows. In this lemon law action Defendants seek to tax Plaintiff Rudy Warren Egger's memorandum of costs which seeks $24,449.33 in costs. Defendants argue that Plaintiff should be awarded no more than $13,323.04 in costs. The matter was settled at a settlement conference on the first day of trial before the Honorable Judge Gevercer, wherein defendant FCA UC LLC agreed to settle the matter and pay Plaintiff $106,000. There...

Excerpt: ...sen Wright, PC.'s motion to strike portions of Plaintiff Aalborg CSP A/S's complaint is denied. Defendant's request for judicial notice is denied. Defendant seeks to have the Court take judicial notice of a declaration filed in support of its concurrent motion for an undertaking and 24 exhibits in support of that motion. While It may be appropriate to take judicial notice of the fact that the documents were filed with the Court, Defendant attempt...

Excerpt: ...es causes of action for violation of Business & Professions Code § 17200, breach of the implied covenant of quiet enjoyment, negligence, IIED, and conversion. An judgment was entered against Plaintiff in a separate unlawful detainer action and that judgment is final. Defendant moves to have Plaintiff declared a vexatious litigant. The purpose of the vexatious litigant statute is to address the problems created by the "persistent and obsessiv...

Excerpt: ...arminder Singh's motion to compel Defendant General Motors LLC's compliance with the Court's July 11, 2019 discovery order and for prospective sanctions of $500 per day is ruled upon as follows. In this lemon law case, the Court granted Plaintiff's motion to compel further responses to requests for production Nos. 1, 7, 10, 17, 19, 20‐24, 35, 37‐42, 58, 66, 70‐73, 77, 85 and 92. The Court ordered Defendant to provide further responses by Ju...

Excerpt: ...Reviver Financial, LLC's motion for summary judgment is denied. In this consumer collection action Plaintiff filed a complaint seeking recovery of $6,051.64 from Defendant Peter Santiago. Plaintiff alleges that Defendant had a loan from CNU of California, LLC dba Netcredit (“CNU”) which he defaulted on. Plaintiff alleged that the debt was assigned to it. The caption of the complaint states that it is for breach of contract and common count. H...

Excerpt: ... and Real Estate Portfolio Management, LLC's (“REPM”) motion for summary adjudication is ruled upon as follows. The parties' requests for judicial notice are granted. The Court notes that Plaintiff failed to comply with CRC Rule 3.1116(c) by failing to highlight the relevant portions of deposition testimony. Nevertheless the Court considered the cited deposition testimony in its entirety. Plaintiffs/Cross‐ Defendants Angelica Lynn and Angel...

Excerpt: ...ess Oversight's unopposed demurrer to selfrepresented Plaintiff Jeff Eschrich's complaint is sustained with leave to amend. The function of a demurrer is to test the sufficiency of the pleading it challenges by raising questions of law. (Salimi v. State Comp. Ins. Fund (1997) 54 Cal.App.4th 216, 219; Nordlinger v. Lynch (1990) 225 Cal.App.3d 1259, 1271.) Pleadings in California are construed liberally. The only issue that can be raised by demurre...

Excerpt: ...t of Business Oversight's unopposed demurrer to selfrepresented Plaintiffs S. Alan and Jean Cardiff's complaint is sustained with leave to amend. In this action Plaintiffs filed a Judicial Council form complaint appearing to allege common law causes of action for fraud and negligent misrepresentation and also alleged that Defendant violated the Franchise Investment Law. Plaintiffs allege that Defendant committed fraud in approving Dental Support ...

Excerpt: ..., 2019. The Clerk shall fax a copy of the tentative ruling to the litigation coordinator. The litigation coordinator shall provide the tentative ruling to plaintiff Reginald Wheeler. Appearance is required on October 9, 2019. Plaintiff Reginald Wheeler shall be available, by COURTCALL, to participate in oral argument on the continuance date. Defendant Jennifer Shaffer's demurrer to self‐represented Plaintiff Reginald Wheeler's complaint is sust...

Excerpt: ...led by Plaintiff's previous counsel and that when he was retained he decided to dismiss the action without prejudice and file an entirely new complaint. Plaintiff's counsel declares that he made this decision without consulting Plaintiff because it was a tactical decision that did not impair Plaintiff's rights, as a new complaint would be within the applicable statute of limitations. (Jacobs Decl. ¶¶ 6‐8) Pursuant to the plan, Plaintiff's cou...

Excerpt: ...moot as Defendant has presented evidence that it served supplemental responses to these requests on December 18, 2018, nine days before Plaintiff filed this motion to compel. The Court makes no determination as to the sufficiency of these supplemental responses. As to request number 13, the motion is DENIED as request number 13 is not included anywhere in Plaintiff's separate statement and, therefore, not at issue. As to the remaining request...

Excerpt: ...ween itself and Defendant Phanh Nyothsom. (Smith Decl. Exh. A.) Pursuant to the settlement, Defendant agreed to pay Plaintiff $200 on or before the 27th day of each month commencing July 27, 2018, and continuing each month thereafter until paid in full ($6,452.38.) Defendant is in default because he failed to make payments as required. Defendant's last payment was made October 19, 2018. (Smith Decl. ¶ 5.) Defendant currently owes Plaintiff $5,92...

Excerpt: ...ance by counsel for Plaintiffs at the OSC re: Dismissal. Plaintiffs' counsel contends that in May of 2015, his office moved from 2366 Gold Meadow Way in Gold River, California to 7940 California Avenue in Fair Oaks, California. (Swartz Decl. ¶ 15.) Indeed, the address listed on Plaintiffs' filing changed from the Gold River address to the Fair Oaks address after April of 2015. Plaintiffs' counsel contends they did not receive notice of the OSC h...

Excerpt: ...ws. Plaintiff was employed by Defendant beginning in June of 2012. Throughout her employment, she was pregnant on three different occasions. Plaintiff filed her complaint in this action on July 18, 2018, alleging the following causes of action: (1) pregnancy discrimination; (2) failure to prevent pregnancy discrimination and harassment; (3) pregnancy harassment; (4) failure to provide meal and rest periods; (5) failure to issue accurate itemized ...

Excerpt: ...e the time appointed for hearing. If the notice is served by mail, the required 75‐day period of notice shall be increased by 5 days if the place of address is within the State of California … .” Moving party served the motion by mail on November 13, 2018, which is 77 days before the January 29, 2019, hearing date. This is insufficient notice under Code of Civil Procedure section 437c(a), which requires notice of at least 80 days before the...

Excerpt: ...ing directed Defendants to provide further responses on or before December 3, 2018. Plaintiff now complains that Defendants are in violation of that order, as Defendants have failed to provide further responses. Plaintiff now seeks issue, evidentiary and monetary sanctions. Defendants' Opposition to the instant motion provides additional context relevant to the Court's determination of this motion. The Court's Register of Actions reflects tha...

Excerpt: ...e on January 22, 2019. No opposition was received. In this personal injury action, the parties served their initial expert witness disclosures on December 17, 2018. Defendant only disclosed Dr. Mikaelian to provide testimony regarding the nature and extent of Plaintiff's injuries. Plaintiff disclosed an expert witness to provide testimony regarding her medical bills, including the reasonableness and necessity of those bills and future medical car...

Excerpt: ...rian Beck sue Defendant VRK Group LLC regarding their purchase of real property, while Plaintiffs Tom and Sunday Barrow allege they entered into an agreement to purchase property from Defendant Pacific Coast Ventures LLC. The overall substance of Plaintiffs' First Amended Complaint is that each home contains various undisclosed defects, for which Plaintiffs now seek compensation. As to moving Defendant Nguyen, only, Plaintiffs Bianchi and Beck al...

Excerpt: ...the City's discovery of illegal indoor cultivation of 642 cannabis plants in a home owned by Plaintiff in Sacramento. The City's Code Enforcement issued the penalty on July 2, 2018, and the City's administrative appeals division affirmed the penalty on September 19, 2018. Notice of the administrative appeal decision was served on Plaintiff on October 3, 2018. Plaintiff instituted the instant action by filing a notice of administrative...

Excerpt: ...as noted in Rule of Court 2.551 (a) the Court must make the requisite determination, and the Court must not permit a record to be filed under seal based solely on the stipulation of the parties. That being said, as part of that motion, which was filed on September 1, 2018, Defendant submitted the sworn declaration of counsel, Terilynn Diepenbrock. Attached to Ms. Diepenbrock's declaration were various exhibits, of which Exhibits A, B and C contai...

Excerpt: ...n substance, the Court combines its ruling into this single order for purposes of efficiency and judicial economy. This is a PAGA‐only action. The Court previously denied class action status as to the remaining claims. DISCOVERY AT ISSUE Special Interrogatories At issue in Plaintiffs' Motion to Compel Further Responses is Special Interrogatory No. 21, which states: “Please IDENTIFY each individual in the released contact list provided by KCC,...

Excerpt: ...iffs' local counsel, the law firm of Walker Hamilton Koenig & Burbidge LLP (“Walker Hamilton”), acts together with national counsel Fleming Nolan Jez LLP, which is based out of Houston, Texas. In August 2017, the Fleming firm instructed Walker Hamilton to dismiss approximately 190 plaintiffs from various cases that had been filed in various California superior courts. The Fleming firm based this directive on (1) certain plaintiffs had claims ...

Excerpt: ...fendants”) pursuant to which they would receive an offer for a permanent modification of their loan if they complied with the terms of a Trial Period Plan (“TPP”). They contend that they complied with the TPP but that Defendants offered a permanent modification that differed from the terms of the settlement agreement. The settlement agreement provided that it was made pursuant to CCP § 664.6. The Court notes that both parties have lodged t...

Excerpt: ...without leave to amend. Defendants' request for judicial notice is granted. (See Poseidon Devel., Inc. v. Woodland Lane Estates, LLC (2007) 152 Cal.App.4th 1106, 1117‐18; see also Stratford Irrig. Dist. v. Empire Water Co. (1941) 44 Cal.App.2d 61, 68 [recorded land documents, not contracts, are the subject of judicial notice on demurrer].) The Court, however, does not accept the truth of any facts within the judicially noticed documents exc...

Excerpt: ... agreement with Defendant for the purchase of a heavy duty semi‐truck and that Defendant failed to make the required payments. Any party may move for summary judgment in any action or proceeding if the party contends that (1) the action or proceeding has no merit or (2) there is no defense to the action or proceeding. CCP 437c(a). A cause of action has no merit if one or more of the elements of the cause of action cannot be separately establish...

Excerpt: ... Exs. AC.) As the record establishes defendant Magen Michelle Hernandez has no interest in the vehicle given that the amount owned exceeds the value of the vehicle, RAC is not required to file an undertaking. The amount Defendant must post as an undertaking to stay delivery or regain possession pursuant to CCP § 512.020 is $28,254.29. RAC is also entitled to a turn over order. (CCP § 512.070.) With a writ of possession the court may also issue ...

Excerpt: ...ne day late on January 11, 2019. No prejudice has been shown. Plaintiff timely filed her opposition brief and other supporting documents on January 9, 2019, and Defendants timely filed a reply on January 16, 2019. Background This action arises out of a motor vehicle accident that occurred on February 27, 2015, in Sacramento, California. Plaintiff alleges she suffered personal injuries when she was rear‐ended by Defendant Nicholas Anaya. Plainti...

Excerpt: ...filed on August 8, 2011, by Plaintiff and others against Lillian Penton (“Penton”) and Leanne Morris (“Morris”), Sacramento County Superior Court case no. 34‐2011‐00110427 (the “Underlying Action”). In the Underlying Action, plaintiffs alleged the real property they had rented from Penton and Morris suffered from various defects that left the property uninhabitable and caused personal injuries to the occupants. Penton and Morris h...

Excerpt: ...risdictional and the failure to file an action in the proper venue does not demonstrate that the complaint fails to state a cause of action. Rather a challenge to venue should be raised by way of a motion to transfer venue. (CCP § 396a, 396b (stating that a challenge to venue may be made by motion at the same time the defendant answers, demurs, or moves to strike, or may be made by motion in lieu of answering, demurring or moving to strike). Mr....

Excerpt: ...usly has been providing misleading and deceitful information to potential trial witnesses in order to improperly influence their trial testimony.” To that end, they argue that in connection with certain Notices to Consumer and Deposition Subpoena, Mr. Collins informed witnesses [not parties] that Defendant's upper management were responsible for Ms. Lovenstein's injuries and that Defendants would attack the witnesses credibility at trial becaus...

Excerpt: ...M.C.M. Construction, Inc. ("MCM") a privately‐held construction company formed in 1973. The five shareholders are James and Judith Carter, Joey Carter, Jeffrey Carter, Harry McGovern, and James Coppini. Plaintiff seeks an order appointing provisional directors for MCM to serve on a special litigation committee (“SLC”) for the purposes of evaluating and taking action on a September 26, 2018 demand made by shareholders James and Judit...

Excerpt: ...e. Defendant Dean Kratzer's motion to dismiss is denied. Defendant moves to dismiss Plaintiff's complaint which was filed on July 7, 2015, on the basis that Plaintiff failed to serve the complaint within three years of filing. A motion to dismiss for delay in service of summons is not a general appearance. (Code Civ. Proc, § 583.220(b).) Plaintiff opposes the motion on the basis that service of the complaint within three years was impossible, im...

Excerpt: ...ainst the defendant.” (CCP § 583.310.) “[A]n action shall be dismissed…after notice to the parties, if the action is not brought to trial within the time prescribed in this article.” (CCP § 583.360(a).) Dismissal is mandatory and not subject to extension, excuse, or exception, except as expressly provided by statute. (CCP § 583.360(b).) Pursuant to CCP § 350, an action is commenced when the complaint is filed. The complaint in this ac...

Excerpt: ...argo Bank (1990) 220 Cal. App. 3rd 1117, 1138.) Newberg on Class Actions (4th Ed.), the most 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...

Excerpt: ...r to plaintiff Francisco C. Tyquiengco's (“Plaintiff”) First Amended Complaint (“FAC”) is unopposed and is ruled upon as follows. Defendants' request for judicial notice of the Notice of Trustee's Sale is granted. In taking judicial notice of the recorded land document, the Court accepts the fact of their existence, not the truth of their contents. (Herrera v. Deutsche Bank Nat'l Trust Co. (2011) 196 Cal.App.4th 1366, 1375.) Factual and P...

Excerpt: ... Lanyadoo's (“Lanyadoo”) motion for summary judgment/adjudication. As noted in the Court's December 27, 2018, minute order, both the Irrevocable Trust's and Lanyadoo's motions are predicated upon the same arguments: the entire lawsuit, and each cause of action therein, is barred by the doctrine of judicial estoppel for Gopal's failure to disclose this lawsuit in Gopal's bankruptcy and, if any claims are not judicially estopped, Plaintiffs lac...

Excerpt: ...Anthony Short's probation report pursuant to Penal Code section 1203.5 and motion to compel production of documents pursuant to subpoena is granted as set forth below. In this wrongful death action, Plaintiff seeks an order pursuant to Penal Code section 1203.5 granting her petition to copy Defendant Joseph Short's probation report and an order compelling the Sacramento County Probation Department to comply with her subpoena requesting the report...

Excerpt: ...ts for admissions admitted is DENIED. The notice of motion does not provide notice of the Court's tentative ruling system as required by Local Rule 1.06(D). Counsel for Plaintiffs is ordered to notify Defendant's counsel immediately of the tentative ruling system and to be available at the hearing, in person or by telephone, in the event Defendant's counsel appears without following the procedures set forth in Local Rule 1.06(B). This, however, i...

Excerpt: ...Insurance Company (“Defendant” or “Golden Bear”). The motion is granted in part and denied in part, as follows. Defendant's request for judicial notice of the complaint, cross‐complaint, and Plaintiff Ariz de la Vega's notice of request for dismissal is granted. Background Plaintiffs Pete and Ariz de la Vega filed a complaint against Golden Bear, their residential property insurer, on June 21, 2018. The complaint alleged one cause of ac...

Excerpt: ...nd others. Defendant seeks to compel this matter to arbitration pursuant to an arbitration agreement contained in the “GameStop C.A.R.E.S. Rules of Dispute Resolution Including Arbitration. (“CARES”). Plaintiff opposes the petition on the basis that the agreement is unconscionable and does not comply with Armendariz v. Foundation Health Psychare Services, Inc. (2000) 24 Cal.4th 83.) Defendant has been operating as a GameStop subsidiary and ...

Excerpt: ... On March 9, 2018, Guillermo Posada filed a class action complaint in Los Angeles Superior Court (“Posada”) against Defendant alleging labor code violations similar to the violations on which Plaintiff's PAGA claims are based. Defendant now moves to stay this action while the Posada action is pending so that the underlying labor code claims could be resolved before reaching the PAGA penalties in this action. On December 11, 2018, this Court g...

Excerpt: ...is action Plaintiff alleges causes of action for negligence, negligent supervision and/or retention of employee and negligent supervision of Plaintiff against SFHS in connection with allegations that she was the victim of childhood sexual abuse when she attended SFHS as a result of the conduct of its softball coach Michael Martis. The fourth and fifth causes of action for sexual battery and IIED are alleged against Martis alone. Plaintiff alleges...

Excerpt: ...ction for conversion, fraud, and money had and received against Cross‐Defendants. Cornerstone alleges that the California State Controller's Office of Unclaimed Property (“SCO”) has a program by which it pays 10% of amounts recovered by an investigator for a client of the investigator and that it is an investigator in the program. (FACC ¶ 7.) Cornerstone alleges that relative to a certain client (Lewis Brisbois Bisgaard & Smith [“LB”])...

Excerpt: ...om National General. He alleges that at the time he purchased the policy he did not have any individuals of driving age living in his residence. (FAC ¶ 8.) He alleges that on April 25, 2017, Plaintiff was in an automobile collision. (Id. ¶ 11.) Plaintiff filed a claim with National General and was asked whether any adults of driving age lived in the same residence as him and he responded that an adult of driving age had recently moved in. (Id. ...

Excerpt: ...n an area where there allegedly was no signage warning of towing. He also alleged that Defendants caused him to be arrested by the police. He alleges causes of action under the Vehicle Code relating to towing companies, conversion, trespass to chattels, conspiracy and abuse of process premised on allegations that Cross‐ Complainants attempted to collect an unlawful towing fee and caused misdemeanor charges to be filed against him. Cross‐Compl...

Excerpt: ... defendants breached the commercial lease and guaranty. The Cross‐complaint alleges that plaintiffs/cross‐ defendants failed to disclose that the prior tenant of the space leased by cross‐complainant Kiene was a dry‐cleaner that operated their business using PERC, a known environmental toxin. Cross‐complainants had leased the space to operate a fly fishing business. Crosscomplainants contend they relied on the concealment/misrepresentat...

Excerpt: ...owed money secured by the property at 898 San Ramon Way, Sacramento, California 95684. They defaulted on their loan, and their servicer at the time, Bank of America, caused recording of a notice of default in March 2008. In July, 2008 a notice of trustee's sale was recorded. A foreclosure sale was held August 21, 2008. The loan's owner, BoNYM, obtained title through a credit bid. A trustee's deed upon sale was recorded September 4, 20...

Excerpt: ...ng out of the mental health treatment he received from her following his June 26, 2015 incarceration. Specifically, Plaintiff alleges that on October 14, 2015 and January 6, 2016, Ms. Williams denied him psychiatric treatment. Plaintiff asserts two medical negligence claims. In plaintiff's first claim, he alleges that on October 14, 2015, he requested psychiatric treatment and Ms. Williams denied him adequate treatment. He alleges that Ms. Wi...