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: ...ng date shall automatically be continued one week plus one court day for oral argument. The contnuance date will always be an appearance required hearing so that Plaintiff need not request oral argument. The Litigation Coordinator shall make Plaintiff available, by Zoom telephonically, at 9m a.m. on the date of the continued hearing date, which will be Wednesday, April 5, 2023, to participate in oral argument. To appear on Zoom telephonically, ca...

Excerpt: ...d. Objection Nos. 7 and 8 to the Declaration of Jason Louie are sustained. The remaining objections are overruled to the extent they involve evidence that was relevant to the Court's decision on the merits of the motion. Defendant's objections are overruled to the extent they involve evidence that was relevant to the Court's decision on the merits of the motion. Defendant's objections apply only to portions of Plaintiff's declaration and the tran...

Excerpt: ...btors: (1) The Retreat at Roya Green LLC; (2) Antonette Tin, also known as Antonette 8. Tin, Antonette Butlig Tin, and Antonette Fernando, an individual; and (3) Antonette Tin dba Precious Angels Care (collectively, "Defendants" or "Judgment Debtors"). (ROA 95.) Plaintiffs' moton is ruled upon as follows. Background Plaintiffs filed their complaint on August 17, 2018 alleging various wage-and-hour causes of action. Defendants filed their answer o...

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...

Excerpt: ...t'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. On January 4, 2021, Alvernaz, entered into a Real Property Purchase and Sale Agreement with defendant George Blaufuss ("George"), then owner of record of the real property located at 15261 Nueva Drive, Rancho Murieta, California (the "Property"). (Alexande...

Excerpt: ... related claims based on Defendant's reassigning him to a lesser office and clinical workspace follow-ng his surgery. Plaintiff alleges, in part, that he was wrongfully forced to participate in Defendant's Physician Assessment and Clinical Education ("PACE") program. (Second Amended Complaint ("2AC") '129-31.) Plaintiff contends the PACE program is designed for physicians with anger management issues, clinical incompetencies, medical record keepi...

Excerpt: ... Plaintiff electronically served Caltrans with the discovery requests on January 24, 2023, by email. (Scardigli Decl. '1 4, Exhs. 2-7.) Having received no response to the discovery requests, Plaintiff emailed Caltrans on March 1, 2023, to meet and confer and attached the requests. Plaintiff received an email notification response stating: "Your message wasn't delivered because the recipients email provided rejected it." (Scardigli Decl. 5, Exhs. ...

Excerpt: ...that her husband, Tim Constantine ("Decedent") was admitted to Defendant's nursing home for skilled nursing care ("Facility") related to his diagnosis of dementia. Plaintiff alleges that Defendant failed to establish and implement the state mandated infection control policies for COVID-19. Decedent contracted COVID-19 and died. Plaintiff filed her complaint on September 27, 2021. On October 27, 2021, Defendant removed this achon to Federal Court....

Excerpt: ...nd Aaliyah Knox (collectively "Plaintiffs") allege that their vehicle was fully stopped at a red light at the intersection of Franklin Boulevard and Brookfield Road, waiting to make a left-hand turn (westbound) onto Brookfield from the northbound turn lane of Franklin Boulevard. While waiting for the light to turn green, Non-Settling Defendant's vehicle was traveling southbound on Franklin Boulevard and Settling Defendants' vehicle was traveling ...

Excerpt: ...ya Evans, a minor and by and through her GAL Montoya Day ("Amaya"), Patrick Evans, and Jovan Warner's (collectively "Defendants") demurrer to Plaintiff Cali Thibedeau, a minor by and through her GAL Stefanie Thibedeau's ("Plaintiff") verified first amended complaint ("FAC") is ruled upon as follows. Overview Plaintiff attends Natomas Park Elementary School. (FAC, 17.) She is not a member of Snapchat and has no social media accounts. (FAC, 18.) Pl...

Excerpt: ...ot the truth of their contents. (See Professional Engineers v. Dep't of Transp. (1997) 15 Cal.4th 543, 590; Steed v. Department of Consumer Affairs (2012) 204 Cal.App.4th 112, 120-121.) Procedural History Plaintiff initiated this achon on February 23, 2022 by filing a petition for relief from the provisions of Gov't Code SS 945.4 and 945.6. ("Petition") (ROA 1.) Plaintiff paid the required $435 first appearance fee. The Court granted the Petiton ...

Excerpt: ...g a motion, except for a motion listed in rule 3.1114, must serve and file a supporting memorandum. The court may construe the absence of a memorandum as an admission that the moton or special demurrer is not meritorious and cause for its denial, and in the case of a demurrer, as a waiver of all grounds not The Court also notes that the declaration of Defendant's counsel purports to attach exhibits, but no exhibits are attached. (See Kawakami Won...

Excerpt: .... The Court declines to rule on the remaining objections, as the subject evidence is immaterial to the disposition of the moton. (See CCP S 437c(q).) Background This is a personal injury action involving an alleged trip- and-fall that occurred on July 19, 2018. Plaintiff's complaint includes a single cause of action for negligence and alleges that Defendants negligently designed, constructed, maintained, used, controlled, managed, and/or supervis...

Excerpt: ...** Plaintiff Elden Thomas' ("Plaintiff") motion to compel Defendant Irish Construction's ("Defendant") further responses and responsive documents to Request for Production, Set Five, is ruled upon as follows. This is an employment retaliation and discrimination acton. Plaintiff contends that after he complained of discrimination, bullying, and harassment, Defendant retaliated against him and terminated him. (Telfer Decl. '12.) The parties entered...

Excerpt: ...that his office served Plaintiffs with the subject discovery on or about June 1, 2022. (Mahlstedt Decl., 2.) Counsel also states that a copy of subject discovery is attached as Exhibit A; however, no exhibits are attached to counsel's declaration. Therefore, Defendant has failed to establish that it served Plaintiffs with discovery to which Plaintiffs did not respond. The Court also notes that, at least in the typical motion to compel responses o...

Excerpt: ... and wrongful death against Dr. Singh and several other defendants. Concurrent with this motion to seal, Dr. Singh has moved for summary judgment as to Plaintiffs' entire complaint. Via this motion, Dr. Singh seeks to file under seal the following documents related to the motion for summary judgment: (1) Portions of Dr. Singh's memorandum of points and authorities (ROA 76); (2) Portions of the Declaration of Dominique A. Pollara (ROA 75); and (3)...

Excerpt: ...first amended complaint ("FAC") on January 13, 2022. (ROA 21.) The FAC includes what appears to be four causes of action: (1) "personal injury for impersonation"; (2) violation of California Civil Code section 52.1; (3) breach of contract; (4) a second breach of contract claim. According to the FAC, from June 30, 2016 to June 12, 2019, Plaintiff resided as a tenant at a boarding house in Sacramento called Pete's Place. (FAC, 1.) Defendants George...

Excerpt: ...tion and she discovered shortly after the sale that the car needed a new engine. Ms. Mendias filed her Complaint against Sayed and Old Republic as surety, on April 20, 2022, and the operative First Amended Complaint on June 15, 2022. Ms. Mendias alleges claims for violation of the Consumers Legal Remedies Act, violation of the Song-Beverly Consumer Warranty Act, violation of Business & Professions Code S 17200, intentional misrepresentation, resc...

Excerpt: ...luding EGUSD and Mr. Johnson, Los Rios Community College Districts, Consumnes River College, and the student I.J. Plaintiffs allege causes of acton 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. ...

Excerpt: ...ust be separated by a hard 8 h" x 11" sheet with hard paper or plastic tabs extending below the bottom of the page, bearing the exhibit designation. This acton arises from a purchase order that DGS issued on March 27, 2020, to buy personal protective equipment ("PPE") from Bear Mountain. Bear Mountain filed its original Complaint against DGS on December 15, 2020, alleging a single cause of achon for breach of contract. Bear Mountain alleges it ac...

Excerpt: ...al date was set for October 11, 2022, and trial is currently set for October 2, 2023. However, as the issue was not raised in the opposition, the Court presumes for the purposes of this motion that the parties have agreed to extended deadlines. Pursuant to Code of Civil Procedure section 2024.060: Partes to an acton may, with the consent of any party affected by it, enter into an agreement to extend the tme for the completion of discovery proceed...

Excerpt: ...NOPPOSED and GRANTED. SSR and Seefeldt filed their operative second amended complaint ("SAC") on October 24, 2018. Plaintiffs assert causes of action for fraud, conversion, theft, breach of fiduciary duty, misappropriation of proprietary information, negligence, indemnity, fraudulent conveyances, financial elder abuse, and constructve trust. Co-defendant Garth Covert was dismissed on November 8, 2018. SSR is a corporation acting as an insurance b...

Excerpt: ...int on January 26, 2021, which alleges causes of action for general negligence and professional negligence. Plaintiff alleges that she came under the care of Defendants for dental services and suffered serious complications from a lidocaine injection, which complications included lockjaw. (Complaint, Attachment to Cause of Acton — Professional Negligence.) Defendants move for summary judgment on the ground Plaintiff cannot establish breach of t...

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: ...collectors. In 2012, LVNV sued Plaintiff based on a debt it had purchased from Bank of America. (4AC, "1 14-15.) A default judgment was entered against Plaintiff resulting in a lien being placed on Plaintiff's real property. (4AC, 15-17.) Plaintiff discovered the lien in early 2015 when she attempted to refinance her home. (4AC, 18.) Plaintiff only remember having one account with Bank of America, which she believed to be the account that resulte...

Excerpt: ...UNOPPOSED and ruled upon as follows. The notice of motion does not provide notice of the Court's tentative ruling system, as required by Local Rule 1.06. Moving counsel is directed to contact Defendant and advise her of üJcal Rule 1.06 and the Court's tentative ruling procedure and the manner to request a hearing. If moving counsel is unable to contact Defendant prior to hearing, moving counsel is ordered to appear at the hearing by Zoom or by t...

Excerpt: ...ry action by filing a complaint on October 5, 2022. In the complaint, Plaintiff alleges that on October 6, 2020, as she was exiting the vehicle being operated by an unidentified Uber driver, the driver drove away before Plaintiff completed her exit, resulting in Plaintiff being dragged by the vehicle and suffering injury. (Complaint, p. 5.) Plaintiff served the complain on Uber on October 12, 2022. (ROA 7.) On November 4, 2022, Uber's counsel sen...

Excerpt: ...pposing counsel prior to the hearing, moving counsel is ordered to appear at the hearing by Zoom or by telephone. Plaintiff's counsel is admonished for failing to comply with CRC rule 3.1110(f)(4). Exhibits must be separated by hard paper or with plastic tabs extending below the page. Specially appearing Defendant Robert Grasso's ("Grasso") motion to quash service of summons and complaint is ruled upon as follows. Background This is an alleged ch...

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: ..., 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: ...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: ... 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: ...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: ...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: ...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: ...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: ...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: ...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: ...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: ...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 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: ...ction arises from the death of Christine Patton (“Decedent”), an 82-year-old hospice resident of a residential care facility for the elderly owned and/or operated by Defendants. Decedent sustained an injury at the facility on September 20, 2017, and subsequently died. The original complaint was filed in this matter by Decedent's daughters, Plaintiffs Valerie Sikich, Vicki Vankeuren, and Sheila Kinross ("Plaintiffs"), on August 27, 2018. Plain...

Excerpt: ...taliation, age discrimination, and failure to correct retaliation and discrimination all under FEHA, and defamation. Plaintiff alleges he was terminated as Area Manager for Defendant after 30 years of employment at the age of 59 after he complained of harassment against his manager, Vice President Randy Billingsly (“Mr. Billingsly”). Plaintiff contends Defendant's articulated business reason for his termination included the claim that four em...

Excerpt: ...ackground This elder abuse action was initiated on August 7, 2018, with the filing of the original complaint by Plaintiffs Glenda C. Perry, by and through her successor-in-interest, Dennis E. Perry, Dennis E. Perry individually, and William M. Perry, David E. Perry, and Judith C. Ducioame, all individually. For the sake of clarity, the Court sometimes will refer to the plaintiffs by their first names. Glenda is the “elder” whose alleged abuse...

Excerpt: ...ise 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 plaintiff prior to hearing, moving counsel is ordered to appear at the hearing. This action arises from an Agreement for Purchase of Recyclables pursuant to which defendant the City of Sacramento (the “City”) sells recyclable materials to USA Waste for resale into the recycling commodities market. USA W...

Excerpt: ...tively, “Defendants”) and advise of Local Rule 1.06 and the Court's tentative ruling procedure and the manner to request a hearing. If Plaintiff is unable to contact Defendants prior to hearing, Plaintiff is ordered to appear at the hearing. California Code of Civil Procedure § 664.6 provides: “If parties to pending litigation stipulate, in a writing signed by the parties outside the presence of the court or orally before the court, for se...

Excerpt: ...ered to notify Defendants' counsel immediately of the tentative ruling system and the manner to request a hearing. If Plaintiffs' counsel is unable to contact Defendants' counsel prior to hearing, Plaintiffs' counsel is ordered to appear at the hearing in person or remotely (telephonically or by video conference via Zoom). Plaintiffs filed this action on August 22, 2019, seeking recovery of their statutory wages earned working on California publi...

Excerpt: ... 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.) This action arises out of an underground electric line on Plaintiff's property that provides power to a park owned by the City of Sacramento, Johnston Park. In March of 2019, Plaintiff requested SMUD remove the line. When SMUD did not comply with Plaintiff's request, Plaintiff filed this action on October 11, 20...

Excerpt: .... The Clinic has filed a concurrent application for writ of attachment against Dr. Smith, which presents the same arguments and evidence presented by Mr. Patel in his application. As a result, the Court is addressing both applications in this single ruling. Dr. Smith has opposed. Factual and Procedural Background This action arises from a business dispute in connection with Dr. Smith's sale of his medical clinic to Mr. Patel. Plaintiffs Dr. Smith...

Excerpt: ...onal Infliction of Emotional Distress. Plaintiff alleges that she was employed with Defendant California Department of Social Services (“CDSS”) as a Disability Evaluation Analyst III. She alleges that on November 6, 2019, co-defendant Raj Dosanjh (“Dosanjh”) sexually assaulted her when he blocked her in her cubicle, forcefully pressed his body up against her entire body, groped her, and tried to kiss her. Plaintiff was crying and pushed h...

Excerpt: ...specific evidence which is claimed to show the existence or non-existence of a triable issue of material fact. *** Defendant Hippo Analytics, Inc.'s (“Defendant”) motion for summary judgment, or in the alternative, summary adjudication is ruled upon as follows. Overview This is an insurance breach of contract and bad faith action. Plaintiff Gary Hanaway (“Plaintiff”) alleges that he is a senior citizen and disabled person within the meani...