Excerpt: ...oreno within 48 hours of receiving it. The hearing date shall automatically be continued one week plus one court day for oral argument. The continuance date will always be an appearance required hearing so that Paul Anthony Moreno need not request oral argument. The Litigation Coordinator shall make Paul Anthony Moreno available, by Zoom telephonically, at 9:00 a.m. on the date of the continued hearing date, which will be November 29, 2022, to pa...

Excerpt: ... plus interest on the unpaid loan amount. The agreement further provided that Defendant would make minimum payments in accordance with an agreed‐upon payment schedule. The agreement further memorialized Defendant's understanding that he would be in default if, among other things, he failed to make a payment when it was due or failed to comply with any term or condition of the loan agreement. On January 22, 2021, Defendant breached the terms of ...

Excerpt: ...e established rules and regulations of the mobilehome park. Specifically, the petition for injunctive relief alleges causes action against Respondents pursuant to Civil Code section 798.88 of the Mobilehome Residency Law (MRL), which provides that park management may enjoin any person violating a reasonable rule or regulation of a mobilehome park from such violation. “If the court, by clear and convincing evidence, finds the existence of a cont...

Excerpt: ...lectively, “Defendants”) demurrer to Plaintiff in pro per Larry Redic's (“Plaintiff”) complaint is ruled upon as follows. Defendants' request for judicial notice of Executive Order N‐ 33‐20 is granted. The Court declines to take judicial notice that the Order “does not establish specific COVID ‐19 safety protocols for California's prisons.” (See, Def.'s RJN at 1:26‐27.) The Court notes that Plaintiff filed an opposition on Aug...

Excerpt: ...22. (ROA 1.) The action apparently arises out of an alleged insurance policy issued to Plaintiff pertaining to a structure on Plaintiff's property. The structure was later damaged by fire. Plaintiff alleges that he submitted a claim to WMIC, but WMIC delayed paying benefits on the claim. Plaintiff alleges claims for breach of contract and breach of the implied covenant of good faith and fair dealing. The evidence submitted by Defendant establishe...

Excerpt: ...o file a response by November 1, 2022, which they did. The Court now addresses Plaintiffs' showing below. Background This is a lemon law action that was filed on March 18, 2014. Fourteen months later, on May 19, 2015, the parties reached a conditional settlement when Plaintiffs accepted Defendant FCA US LLC's (“Defendant”) CCP section 998 offer to compromise. Plaintiffs filed a notice of conditional settlement on October 28, 2015, which state...

Excerpt: ... 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 Plaintiff initiated this wrongful termination action against Defendant Safeway Inc. (“Defendant”) on July 18, 2019. Plaintiff's complaint included a total of seventeen causes of action. The first 11 causes of action were brought under the Fair Employment and Housing Act (�...

Excerpt: ...ommodate and violations of the Labor Code. Plaintiff's discrimination, retaliation and failure to accommodate causes of action also include allegations that Defendant discriminated against her due to her association with her son, who suffered from depression, had special needs, and suicidal ideations. Plaintiff alleges that she requested a reasonable accommodation for her son's disability, but Defendant failed to accommodate her request. She furt...

Excerpt: ...10 employment causes of action under provisions of the Labor Code and FEHA. On November 4, 2021, the Court granted Plaintiff's former counsel's motion to withdraw as Plaintiff's counsel of record in this matter. (ROA 24.) Defendant had served Plaintiff's former counsel with a notice to take Plaintiff's deposition on September 10, 2021, with the deposition scheduled for November 2, 2021. (Moores Decl., ¶ 6, Exh. B.) Defendant later served an amen...

Excerpt: ...ff's motion is 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. Plaintiff's counsel is directed to contact Defendant and advise Defendant 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 Defendant prior to hearing, moving counsel is ordered to appear at th...

Excerpt: ...ims stem from a home loan taken out by Defendant from Cal State 9 Credit Union (“CS9”) on or about October 18, 2006. The loan was secured by a second deed of trust and recorded with the Sacramento County Recorder's Office on May 1, 2007. The loan was ultimately sold to Plaintiff via an allonge executed by CS9 effective May 16, 2008. On July 14, 2008, an assignment of deed of trust was recorded with Sacramento County Recorder's Office transfer...

Excerpt: ...tion of this demurrer. The Court will not repeat the summary of the facts alleged in the complaint since it already summarized the facts in ruling on co‐defendant Trustee's demurrer. As pertinent here, Plaintiff alleges that Defendants purchased the Property from The Betty M. Comeau Trust, dated May 7, 2019, Brian A. Puiia, Successor Trustee. (Complaint, ¶ 2.) Defendants demur to the following “causes of action”: ∙ Quiet title on the gro...

Excerpt: ... stop initiated by Rose. Plaintiff filed her original Complaint on August 12, 2021, her First Amended Complaint on November 30, 2021, and the operative 2AC on June 16, 2022. (ROAs 1, 8, 21.) The 2AC alleges causes of action for negligence (Gov. Code § 815.2(a), assault, Ralph Act violation (Civ. Code § 51.7), and Bane Act violation (Civ. Code §§ 52.1 and 52.) This is the first challenge to the pleading. The following facts are alleged in the ...

Excerpt: ... 54 Cal.App.4th 216, 219; Nordlinger v. Lynch (1990) 225 Cal.App.3d 1259, 1271; Boyle v. City of Redondo Beach (1999) 70 Cal.App.4th 1109, 1114, fn. 2.) “If the complaint states a cause of action under any theory, regardless of the title under which the factual basis for relief is stated, that aspect of the complaint is good against demurrer." (Quelimane Co. v. Stewart Title Guaranty Co. (1998) 19 Cal.4th 26, 38‐39; Bagatti v. Dept. of Rehabi...

Excerpt: ...ourt'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. This action arises out of an incident that occurred on August 25, 2018, wherein plaintiff Miguel Ledezma (“Plaintiff”) was replacing wood siding around the exterior of Defendant's home. Plaintiff stepped onto the roof and awning above a first‐floo...

Excerpt: ...he Court's tentative ruling system as required by Local Rule 1.06(D). Plaintiff is ordered to notify Defendants immediately of the tentative ruling system 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. On September 2, 2020, Plaintiff submitted her written notice under Labor Code § 2699.3 (the "PAGA Notice") to the Labor and Workforce Development A...

Excerpt: ...pposing counsel and advise 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. This motion concerns a $15,000 Contractor's License Bond issued by ACIC to Swan Engineering, Inc. as principal pursuant to Business and Professions Code sections 7071.5 and 7071.11. (Hayes Decl. ¶ ...

Excerpt: ...t and Plaintiffs. On August 29, 2022, Plaintiffs filed an Application for Good Faith Settlement Determination. Plaintiffs have settled with non‐party insured Julie P. Armenta (“Armenta”) for $1,000,000 in exchange for Plaintiffs' full and complete release of Armenta, and waiver of all residual rights otherwise reserved by California Civil Code §1542 against her, associated with all claims against her arising from or relating to an auto/ped...

Excerpt: ...nts' motion to compel Plaintiff's initial responses is DENIED since Plaintiff served responses to the discovery prior to Defendants filing of the motion. Defendants' alternative motion to compel Plaintiff's further responses is GRANTED. Plaintiff filed a “partial opposition.” As an initial matter the Court is not persuaded by Plaintiff's argument that the discovery is defective because Holt did not sign the discovery requests. Plaintiff proff...

Excerpt: ...and charges against Hall were dismissed. On December 27, 2020, Hall purportedly submitted a Claim for Damages and Restitution to the Sacramento County Board of Supervisors ("Claims") (although no such Claim is submitted with the Petition). Although Hall suggests that the Board of Supervisors did not respond to his Claim, Hall submits Notice of insufficiency from January 11, 2021, stating that the Claim failed, for a number of reasons, to substant...

Excerpt: ...sault and intentional infliction of emotional distress. Plaintiff David Zelnick, individual, and as trustee of the David D. Zelnik Trust dated June 12, 2013 alleges that he and Defendants own neighboring properties (“Properties”). (FAC, ¶P 7‐8.) The Properties are located in a common interest development commonly referred to as the Oaks at Carmichael (“the Oaks”). Both Properties are rentals. (Id.) Plaintiff alleges that Defendants ins...

Excerpt: ...ter was argued and submitted. The Court continued the matter to today's date to permit Summer Palace to file a sur‐ reply by October 21, 2022, and plaintiffs E & A Monroy Holdings LLC (“E & A”) and SAI Supermarkets, Inc. dba Del Valle Supermarket (“Del Valle”) (collectively, “Plaintiffs”) to file a response by October 28, 2022. Having received Summer Palace's sur‐reply and Plaintiffs' response, the Court now rules as follows. Obje...

Excerpt: ...n matters. *** Plaintiff has 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. Plaintiff's counsel shall notify Defendant's counsel of the correct address immediately. 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 c...

Excerpt: ...ntain a heater on the property rented to Plaintiff by Defendants, which led to Plaintiff's carbon monoxide poisoning. Plaintiff claims to have suffered an irreversible brain injury and to have received extensive psychiatric treatment as a result of Defendants' conduct. Plaintiff's mental condition is at issue in this litigation. (CCP § 2032.020(a).) During the course of discovery, Plaintiff voluntarily submitted to two examinations: the first an...

Excerpt: ... ended while occupying a 2002 Oldsmobile owned by their son, Michael Crawford, and daughter‐inlaw, Sara Crawford. At the time of the collision, Michael and Sara resided in the same household as Petitioner. Petitioner and her late husband maintained auto insurance, including underinsured motorist (UIM”) coverage, through Respondent CSAA (“Respondent”). The Oldsmobile was insured through Geico, who is not a party to this matter. Petitioner ...