Excerpt: ...f served a deposition on Mrs. Mullin. Defendant moves for a protective order prohibiting Plaintiff from proceeding with the deposition on the ground that Mrs. Mullin's testimony regarding her conversations with Defendant are protected under the privilege, and thus are outside the scope of discovery. (Motion, 2:8-10.) Trial is currently scheduled for May 15, 2023. Defendant insists that any relevant testimony which Plaintiff might obtain from Mrs....

Excerpt: ...critically ill with cancer "and in no condition to respond to anything and did not have the capacity to understand the nature and seriousness of being served with a complaint." (Nelson Decl., '15.) On August 19, 2022, Monte committed suicide. (Nelson Decl., '1 6.) Jean was unaware of this lawsuit or that Monte had been served with a complaint until after Monte's death. (Nelson Decl., 7.) On October 18, 2022, attorney Pamela Nelson ("Pamela") sent...

Excerpt: ... LLC ("Bradview LLC"), and 92612 Dunes Lane LLC ("Dunes LLC") (collectively, "Defendants"). The original complaint includes eight causes of action: (1) breach of fiduciary duty; (2) aiding and abetting breach of fiduciary duties; (3) violation of unfair competition law; (4) common law fraud; (5) constructive fraud; (6) negligent misrepresentation; (7) breach of implied covenant of good faith and fair dealing; and (8) declaratory relief and injunc...

Excerpt: ...riginal complaint, Plaintiff alleges that Defendant has worked as a sign language interpreter for Plaintiff's mother, Linda Cook, who is 79 years old and hearing impaired. Plaintiff also alleges that Defendant and Ms. Cook became friends over the years, and that Ms. Cook placed significant trust in Defendant. Beginning in February of 2021, Plaintiff began to notice that her mother's cognitive functioning was declining. In January of 2022, Plainti...

Excerpt: ...ring, moving counsel is ordered to appear at the hearing by Zoom or by telephone. Plaintiff Roberto Perez Lozano's ("Plaintiff") motion to compel arbitration is ruled upon as follows. Background Plaintiff's Allegations This action arises from Plaintiff's purchase of a used 2012 Chevrolet Silverado from Defendants Abe's Motor Sports ("Abe's") and Tripoli Group Inc. ("Tripoli") (collectively, "Dealer Defendants") on February 19, 2022. Plaintiff ini...

Excerpt: ...as follows. Background This case involves allegations of dependent adult neglect and negligence against multple defendants. On July 12, 2021, Plaintiff Michael Tanner ("Decedent") was hospitalized due to a wound on his left heel that ultimately resulted in the amputation of Decedent's left leg above the knee. (FAC, Para. 25.) On August 2, 2021, Decedent was admitted to Oak Ridge Healthcare Center ("Oak Ridge") for skilled nursing care and rehabil...

Excerpt: ...Dep't of Transp. (1997) 15 Cal.4th 543, 590; Steed v. Department of Consumer Affairs (2012) 204 Cal.App.4th 112, 120-121.) l. Overview This action concerns a child dispute in which Defendants, an attorney and her law firm, allegedly distributed a sexually explicit text message exchanged in private between Plaintiffs Jane Ræ ("Jane") and John Doe ("Doe") in a child custody matter. Defendants also distributed images of Jane's intmate parts. John w...

Excerpt: .... *** Defendant Sacramento Regional Transit District's ("Defendant") motion to compel Plaintiff Tariq Castillo's ("Plaintiff") further responses to discovery is ruled upon as follows. This is a personal injury action. Plaintiff, a minor, alleges that on November 29, 2017, he was a passenger on a bus owned and operated by Defendant. The driver of the bus made a maneuver to avoid a collision, causing Plaintiff to be ejected from his seat and hit hi...

Excerpt: ...plaint on January 24, 2019, identifying Ridge Elk Grove, LP.; Anton Ridge, LLC; Pacific Housing, lnc; and Does 1-30 as defendants. (ROA 1.) On August 26, 2019, Plaintiffs filed a Doe Amendment identifying Doe 1 as Anton Residential, Inc. (ROA 37.) Defendants contend there are no other defendants named in this action. Plaintiffs filed a First Amended Complaint on July 7, 2020. (ROA 76.) On October 22, 2020, the Court granted Defendants unopposed m...

Excerpt: ..., 3, 4, 6, 7, 8, 11, 15, and 19; and Requests for Production of Documents, Set One, numbers 27, 31-33, 69, and 103 is GRANTED as follows. Plaintiffs properly filed three separate motions as is the Court's preference, but filed a consolidated memorandum of points and authorities and Defendant filed a consolidated opposition. Accordingly, the Court will address all three motions herein. Plaintiffs' request for judicial notice of the operative Compl...

Excerpt: ...s are Joanne Davis, Mariah Florez and Mary Tovar (collectively, the "Named Plaintiffs"). The Named Plaintiffs filed their Complaint on April 3, 2018. Generally, the Named Plaintiffs each allege they were sexually harassed by co-defendant, Derick Mullin ("Mullin"). On June 25, 2019, plaintiff Jane Doe ("Doe") filed a motion to intervene in this action, which was granted on July 26, 2019. On July 29, 2019, Doe filed her original Complaint in Interv...

Excerpt: ... Elk Grove Unified School District ("EGUSD"), Andrew Johnson, and the student I.J. Plaintiffs allege causes of action for negligent supervision of students and school premises; violation of California Constitution Article 1, and Education Code S 8202; assault and battery; and negligent infliction of emotional distress. Plaintiffs allege I.V. and I.J. were students at Valley High School, an EGUSD campus, of which Mr. Johnson was the principal. (Co...

Excerpt: ...30 N 12th Street in Sacramento, California. Plaintiff filed her form Complaint for personal injury and property damage on July 19, 2021, alleging a single cause of action for premises liability — dangerous condition of public property. The City seeks summary judgment on the grounds it had neither actual nor constructve notice of the existence of the alleged dangerous condition to expose it to liability. Legal Standard In evaluating a moton for ...

Excerpt: ...appear at the hearing by Zoom or by telephone. Respondent Erion Hammack's ("Respondent") moton to set aside order granting name change petition is ruled upon as follows. Background On June 6, 2022 Petitioner Jasmine Salazar ("Petitioner") filed a petition for change of name for her minor son. (ROA 1.) The petition sought to change the minor's name from Osiris Solon Hammack to Osiris Solon Frias-Salazar. Petitioner's stated reason for the name cha...

Excerpt: ...sel prior to the hearing, moving counsel is ordered to appear at the hearing by Zoom or by telephone. Plaintiff Steave Samuel McClain's ("Plaintiff") moves to compel Defendant EKC Enterprises, Inc.'s ("EKC") further responses to Plaintiffs Requests for Admissions, Set Two. In conjunction with the subject requests for admissions, Plaintiff also served EKC with Form Interrogatories, Set Two, which included only Form Interrogatory No. 17.1. Plaintif...

Excerpt: ...f's former counsel as just "Maximum Security." (ROA 80.) The Court summarized the matter as follows: "Plaintiff filed this acton against Defendants Maximum Security Alarms, Inc., Monitronics International, Inc. Andrew Higgins, David Higgins, and Dennis Higgins on August 7, 2015. On May 10, 2017, the Court entered a money judgment against Defendants Maximum Security Alarms, Inc., Andrew Higgins, and Dennis Higgins. (ROA 59.) The judgment was draft...

Excerpt: ...uired by Local Rule 1.06(D). The correct address for Departments 53 and 54 (Law and Motion) of the Sacramento County Superior Court is 813 6th Street, Sacramento, California 95814. Defendant's counsel is directed to contact opposing counsel forthwith to advise Plaintiff's counsel of Department 54's correct address, Local Rule 1.06, and the Court's tentative ruling procedure. If Defendant's counsel is unable to contact opposing counsel prior to th...

Excerpt: ...in the amount of $418,000. On April 14, 2015, a notice of default was recorded in the Sacramento County Recorder's Office that showed Plaintiff owed $41,757.06 in past due payments. On January 29, 2019, a notice of trustee's sale was recorded in Sacramento County with a sale date of February 28, 2019. The sale date was ultimately continued to January 7, 2022. On November 24, 2020, the deed of trust securing the mortgage was assigned to Defendant ...

Excerpt: ... filed her initial complaint on August 12, 2021. (ROA 1.) Plaintiff a first amended complaint on November 30, 2021. (ROA 8.) After the parties met and conferred, Plaintiff filed a second amended complaint on June 16, 2022 pursuant to stipulation. (ROA 21.) On November 10, 2022, the Court sustained with leave to amend Defendants' demurrer to the second amended complaint. (ROA 32.) Plaintiff filed the operative 3AC on December 7, 2022. (ROA 34.) De...

Excerpt: ...l Argument Request Line at (916) 874-2615, request the hearing, and notify the opposing party of the location and time of hearing pursuant to Local Rule 1.05. The Court encourages parties to appear remotely for the hearing on the tentative ruling through the Court's Zoom Application. But, any party wishing to appear in person may do so, prov-ded that party notifies the Court by 4:00 the Court day before the hearing. The parties may join the Zoom ...

Excerpt: ...ndant, Crosscomplainant and Cross-Defendant Martin Concepc:ion Rodriguez ("Rodriguez") collided into Vehicle 2, pushed the vehicle into the rear of De Ayon's vehicle. De Ayon's vehicle pushed forward where its front end collided into rear of Vehicle 4. The impact continued until the front end of Vehicle 5 collided into the rear of Plaintiff's vehicle. De Ayon has settled with Plaintiff for her policy limit in the amount of $25,000. De Ayon seeks ...

Excerpt: ...aint seeks "quasi-specific performance of an agreement to devise property at death and imposition of a constructive trust." Specifically, Plaintiff requests "[tlhat a constructive trust be imposed upon Carolyn M. Young, John Stockard, The Mary Lou DiasAnderson Endowment Fund and The Epic Bible College as to the Auburn Boulevard Pro#rty, pursuant to which after all specific distributions of the trust estate pursuant to the Anderson Trust have been...

Excerpt: ... on January 10, 2017. As a result of the incident, Plaintiff claims to have suffered injury to his head, including a traumatic brain injury with memory loss, difficulty concentrating, impaired cognitive functioning, headaches, memory loss, insomnia, post-traumatic stress, emotional distress and loss of income related to the incident. Plaintiff submitted to an independent medical examination conducted by Defendant's expert neurologist, Dr. Van Ost...

Excerpt: ...ifornia. In April of 2022, Defendants tendered their policy limits of $15,000 to settle this matter in exchange for a signed release and dismissal from plaintiff Steave Samuel McClain ("Plaintiff"). (Britt Decl. 2, Exh. A.) Plaintiff's counsel responded asking when Defendants' moton for good faith settlement would be and asked for Defendants to send over a release for Plaintiff to sign. (Britt Decl. '1 3, Exh. 8.) Defendants' counsel sent a settl...

Excerpt: ... causing injuries. (LJMF 1.) Plaintiff alleges RMA failed to inspect and adequately maintain the tree and knew, or should have known, the tree was in a dangerous condition. RMA moves for summary judgment on the ground Plaintiff cannot establish RMA breached its duty of care or causation and based on Plaintiff's factually devoid discovery responses. In support, RMA presents the following undisputed material facts ("UMFs"). RMA s Maintenance Depart...