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: ... 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: ...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: ...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: ...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: ..., 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: ...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: ...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: ...male, filed his original Complaint on April 1, 2022, alleging the following six causes of action: (1) race discrimination; (2) failure to prevent discrimination; (3) retaliation; (4) harassment; (5) negligent infliction of emotional distress ("NIED"); and (6) intentional infliction of emotional distress ("IIED"). On October 25, 2022, the Court sustained with leave to amend Defendant's demurrer to each of the six causes of action. Plaintiff then f...

Excerpt: ...ted. Factual and Procedural Background Plaintiff filed his Complaint on October 13, 2020, against SMP and Mr. Phelps arising from SMP's repair to his foundation by installing 20 push piers. Plaintiff alleges the repair caused structural and cosmetc damage to his house. (ROA 1.) Subsequently, SMP and Mr. Phelps (collectively, "Cross-complainants") filed a Crosscomplaint against SFA on December 11, 2022, alleging claims for negligence, contribution...

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...

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: ...aintiff at a private mediation the parties participated in on July 22, 2022, pursuant to Code Civ. Proc„ S 664.6. The mediation resulted in a negotiated settlement, memorialized in a Stipulation for Settlement ("Stipulation"), which was signed by Plaintiff and her counsel of record at the time, as well as Defendant Thompson and counsel of record for Defendants. (Goulding Decl., "1 34 and Ex. B.) The Stipulation includes detailed terms of an agr...

Excerpt: ...hearing and the parties should be prepared to point to specific evidence which is claimed to show the existence or nonexistence of a triable issue of material fact. *** Cross-Defendant Ronald L Rasmussen, D.D.S.'s ("Rasmussen") motion for summary judgment is ruled upon as follows. As an initial matter, Rasmussen's request for judicial notice is granted. I. Procedural History Plaintiff Lisa Vaughn ("Plaintiff") filed her complaint in this action a...

Excerpt: ...sel immediately of the tentative ruling system and to be available at the hearing, via Zoom or by telephone, in the event opposing counsel appears without following the procedures set forth in Local Rule 1.06(B). FACTS/PROCEDURAL HISTORY Plaintiff Tyler Pasquini ("Plaintiff") commenced this action by filing his Complaint on June 20, 2022. (ROA 1.) Plaintiff alleges two causes of action: (1) "liability via ratification" against Mercer, and (2) neg...

Excerpt: ..."), was hit from behind by a vehicle driven by Defendant Francisco and owned by Defendant Magness (the two settling defendants), and collided with Plaintiff's vehicle, who was braking in front of him. (Moton to Contest, 1:3- 24.) Settling Defendants contend that Ahmed hit Plaintiff's car first, and then hit it a second time after being hit by Settling Defendants (Opposition, 3:25-4:2.) Plaintiff filed her complaint in this achon on August 4, 2022...

Excerpt: ...nd Frank were employed as finance salesmen, while Plaintiffs Williams and Nguyen were employed as vehicle salesmen. (Fensler Decl., 5-9.) As part of their employment, each Plaintiff signed agreements stipulating to submitting any employment-related claims to binding arbitration. (See Fensler Decl., 5.6- 9, and Exhs. A-D of Petition.) In this regard, the arbitration agreement states, in relevant part: "By signing my name below and/or by accepting ...

Excerpt: ...claim and costs to be determined. Plaintiff filed a Memorandum of Costs on December 28, 2022, and an Amended Memorandum of Costs on December 29, 2022. Plaintiff's Amended Memorandum of Costs seeks a total of $4,032.39, as follows: • Filing and motion fees - $478.50 • Jury fees - $200.50 • Deposition costs $1,209.67 • Service of process - $110 • Fees for electronic filing or service - $177.50 • "Other" - $1,855.22. Legal Standard In ru...

Excerpt: ...y of the tentative ruling system and to be available at the hearing, in person or via Zoom, in the event Plaintiffs' counsel appears without following the procedures set forth in Local Rule 1.06(B). Here, Defendant seeks to strike portions of paragraphs 1 and 16 in the FAC, and portions of the Prayer for Relief, seeking punitive damages and concomitant special damages under the Elder Abuse Act, as well as treble damages pursuant to Civil Code sec...

Excerpt: ... to improperly gain control of NIVANO through various means, including stock purchases, control of the board of directors, and other means, by which Plaintiff alleges that Patel improperly and unjustly enriched himself and his family. In October 2021, Plaintiff served fts initial round of discovery, including special interrogatories. In April 2022, Plaintiff NIVANO propounded additional sets of discovery, including set two of the special interrog...

Excerpt: ...Northeast Partners v. Buice (1996) 49 Cal.App.4th 1576, 1582.) Here, Aaron Zepeda filed his Complaint on March 26, 2018, seeking partition of real property at 6914 Stoneman Drive in North Highlands, California. (ROA 1.) Plaintiff claimed he was the owner of an undivided one-half interest in the property, which was co-owned by Defendant. (Compl. 6-8.) Defendant filed a cross-complaint on April 18, 2018. (ROA 11.) Defendant's memorandum of points a...

Excerpt: ...anted. In taking judicial notce of these documents, the court accepts the fact of their existence, not the truth of their contents. (See Steed v. Department of Consumer Affairs (2012) 204 Cal.App.4th 112, 120-121 [ "[W]hile the existence of any document in a court file may be judicially noticed, the truth of the matters asserted in those documents, including the factual findings of the judge who was sitting as the trier of fact, is not entitled t...

Excerpt: ...8, 2022, Defendants filed a motion to compel Plaintiff's further responses to various written discovery sets. (ROA 364.) The moton sought further responses to the followng discovery: (1) Dr. Haddadan's Form Interrogatories, Set One, Nos. 12.1 and 17.1; (2) Dr. Haddadan's Special Interrogatories, Set One, Nos. 2, 5-6, 12, 13, 16, 19, 22, 25, and 28 (3) Dr. Haddadan's Request for Admissions, set one, Nos. 5-14, 23-36, and 32; (4) Advanced Pain's Re...

Excerpt: ...s a single cause of action for general negligence. Plaintiff alleges that on October 31, 2019, he was arrested at his home at 2625 Meadowview Road. Plaintiff further alleges that the Sacramento County Sheriff's Deputy who transported him negligently secured him in the back of the vehicle, and when the Deputy had to slam on the brakes, Plaintiff was thrown forward, hitting his head on the plexiglass divider and injuring his head, neck, and upper b...

Excerpt: ...om Trailers & Power Sports, Trinity Racing, Dynojet Research, Inc., and Does 1 through 100. Plaintiffs' initial complaint included three causes of acton: (1) strict liability; (2) negligence; and (3) breach of warranties. Plaintiffs allege that on September 26, 2020, they were traveling on a 2019 Polaris RZR Turbo S in Butte County when the vehicle spontaneously caught fire. According to the operative first amended complaint ("FAC"), Plaintiff To...

Excerpt: ... a series of written agreements between the parties related to the development of solar technology and the sale and installation of solar panels for residential and commercial use. According to Plaintiffs, in 1986, Defendant founded a company called "Total Access Communications, Inc." In 1990, the company was suspended by the California Franchise Tax Board and never revived, and has thus been barred from conducting business since then. In 2013, D...

Excerpt: ...a writing signed by the parties outside of the presence of the court or orally 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." (CCP S 664.6(a).) This is a debt collection action. Plaintiff and Defendant Keith Jones ("Defendant") entered into a written settlement agreement on or about December 13, 2021. (Karayan Decl., 3, Exh. 1 (hereafter, "Settlem...

Excerpt: ...laintiff filed her Complaint against Defendant on February 7, 2022. Defendant filed its Answer to the Complaint on June 28, 2022. Trial is currently scheduled for April 15, 2024. By this motion, Plaintiff seeks to compel Defendant to produce its Person(s) Most Knowledgeable ("PMK") and documents responsive to Plaintiff's Notice of Deposition of Piaggio Group Americas, Inc.'s Person(s) Most Knowledgeable, With Production of Documents, pursuant to ...

Excerpt: ...OSED and GRANTED. Plaintiffs' request for judicial notice of all pleadings and papers filed in this achon is granted. In taking judicial notce of these documents, the court accepts the fact of their existence, not the truth of their contents. (See Professional Engineers v. Dep't of Transp. (1997) 15 Cal.4th 543, 590 [judicial notice of findings of fact does not mean that those find-ngs of fact are true]; Steed v. Department of Consumer Affairs (2...

Excerpt: ...") (collectively, "Plaintiffs") First Amended Complaint ("IAC") is ruled upon as follows. Defendants' request for judicial notice is granted. Factual and Procedural Background This action arises out of lease agreement entered into between NRH and Khyber LLC to lease the premises located at 1014 Riley Street, Suite 1, in Folsom, California (the "Premises") for a term of 10.5 years (the "Lease"). (IAC 16, Exh. A.) Mr. Ahmadzai executed a guaranty o...

Excerpt: ...lda Guerrero; Emiliano Guerrero, a minor, by and through his guardian ad litem, Esmeralda Guerrero; and Plaintiff JPG (collectively "Plaintiffs") allege injuries and damages. (See generally Comp'.) Pertinent here, Defendant highlights that Plaintiff JPG identified in his responses to form interrogatories that his injuries include "[e]motional and mental distress affecting Plaintiffs body and mind, including as manifested through sadness, anxiew, ...

Excerpt: ...nty of Sacramento ("Defendant" and/or "County") produced the sought-after dtNument responsive to that RFP, so Plaintiff states in his reply that "the motion as to Request No. 171 is moot." (Reply 2:14-16.) The Court further notes that it did not consider the Declaration of Jill Telfer and the exhibits attached thereto filed in reply as they comprise new evidence to which Defendant has not had an opportunity to (See, e.g., Jay v. Mahaffey (2013) 2...

Excerpt: ...709.310 and Corporations Code section 17302 ("Section 17302"), Plaintiff argues that the Court should enter an order against Defendant, applying Defendant's interests in LSP toward the satisfaction of Plaintiff's Judgment against Defendant. Defendant opposes the motion. In opposition, also citing to Section 17302, Defendant argues that the Court can only charge the "assignable" membership interest of the judgment debtor to satisfy the judgment. p...

Excerpt: ...as 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. Moving Party's notice of motion does not provide notice of the Court's tentative ruling system, as required by Local Rule 1.06. Counsel for Moving Party is directed to contact the opposing party and advise counsel of Local Rule 1.06 and the Court's tentative ruli...

Excerpt: ...e parties outside of the presence of the court or orally 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." (CCP S 664.6(a).) This is a debt collection action. Plaintiff and Defendant Wee S. Chong ("Defendant") entered into a written settlement agreement on October 7, 2022. (Mulhorn Decl., 3, Exh. 1 (hereafter, "Settlement Agreement").) Plaintiff file...