Excerpt: ...5657. Plaintiffs allege that in September 2017, decedent Christine Patton was a resident of Defendant Caroline Kang, LLC, dba Laguna Woods, RCFE (“Defendant” or “Laguna Woods”) when defendant/Laguna Woods employee Mee Lai Fong (“Fong”) attacked Ms. Patton with a metal cane, ultimately leading to Ms. Patton's death. Friedlander was an employee at Laguna Woods during the relevant time period. Plaintiffs alleges Friedlander was present w...

Excerpt: ...be prepared to point to specific evidence which is claimed to show the existence or non‐existence of a triable issue of material fact. *** Defendant Sydney Leung's (erroneously sued herein as Sidney Leung) ("Defendant") motion for summary judgment against Plaintiff Kyleigh Juarez (“Plaintiff”) is DENIED as follows. I. Overview This case arises out of a motor vehicle accident that occurred on June 16, 2018. (Complaint ¶¶ 6‐8, 10.) Plaint...

Excerpt: ...e a tort claim with the Sacramento County District Attorney's Office before filing suit. (Notice at 2.) As the Court finds Defendant's demurrer is sustained on this ground, the Court does not rule on the other grounds set forth in Defendant's notice of demurrer and demurrer. I. Overview Plaintiff filed his Judicial Council Complaint against Defendant on December 9, 2021, alleging two causes of action against Defendant for (1) general negligence; ...

Excerpt: ... by California Rule of Court 3.1308 and Local Rule 1.06(D). Plaintiff's counsel is directed to contact opposing counsel forthwith to advise counsel of Department 54's correct address and the tentative ruling procedure. If Plaintiff's counsel is unable to contact opposing counsel prior to the hearing, Plaintiff's counsel shall be available at the hearing, by CourtCall or Zoom as stated in the introductory NOTICE to today's Tentative Rulings, in th...

Excerpt: ...ice of the tentative ruling system, the notice incorrectly states that the Court will make its tentative ruling “available by telephone and, at the option of the [C]ourt, by any other method designated by the [C]ourt”. The notice of motion does not provide notice of the Court's tentative ruling system as required by Local Rule 1.06(D). Defendant is ordered to notify responding parties immediately of the tentative ruling system availability on...

Excerpt: ...nded motion. To date of the filing of the instant motion, Mr. Hagle's office had not heard back from Plaintiff regarding his meet and confer requests. (Declaration of Eric R. Hagle (“Hagle Decl.”) ¶¶ 3‐5.) Code of Civil Procedure §439(a) requires the moving party to meet‐and‐confer "in person or by telephone" with the party filing the pleading that is the subject of the motion for judgment on the pleadings. Moving counsel is advised ...

Excerpt: ...iled a Notice of Joinder to Ciminocare's Motion to Compel Arbitration. (ROA 24.) Through the Notice of Joinder, Walnut House indicated it was also a party to the Arbitration Agreement subject to Ciminocare's Motion to Compel Arbitration (Ibid. [citing to Low Decl. ¶ 2, Ex. A].) Walnut House also indicated its Joinder was based upon Ciminocare's Notice of Motion, Memorandum of Points and Authorities, and the Declaration of Donna W. Low (and Exhib...

Excerpt: ... (“Olsten”). In August 1999, Olsten entered into a purchase agreement with Plaintiff Adecco, S.A. (“Adecco”) and Staffing Acquisition Corporation. Pursuant to an Agreement and Plan of Merger (“Merger Agreement”), Adecco agreed to purchase Olsten's staffing services and information technology services. (Complaint, ¶ 11, Ex. 1.) As part of the split‐off agreement between Adecco and Olsten, the parties executed a Separation Agreement ...

Excerpt: ...at: “ 17. On or about June 8, 2018, and continuing thereafter, Defendants, and each them, negligently cared for, diagnosed, and treated Plaintiff, DOMENICA MANLEY, and failed to exercise the standard of care and skill ordinarily and reasonably required of physicians, surgeons, hospitals, nurses, and other health care providers by, without limitation, negligently failing to properly perform a robotic assisted laparoscopy and provide necessary pr...

Excerpt: ... The Court rejected the SAC because Plaintiff failed to obtain leave of court. Plaintiff filed an untimely opposition to the motion on 6/10/2022 and requests leave to add a 42 US Code §1983 cause of action. The Court did not consider Plaintiff's untimely opposition. In this action, Plaintiff alleges that on 11/15/2016, he walked into the UC Davis Medical Center emergency department complaining of heart palpitations. A male employee offered Plain...

Excerpt: ...ndants' counsel is directed to contact opposing counsel forthwith to advise counsel of Department 54's correct address, Local Rule 1.06, and the Court's tentative ruling procedure. If Defendants' counsel is unable to contact opposing counsel prior to the hearing, Defendants' counsel shall be available at the hearing, by Zoom as stated in the introductory NOTICE to today's Tentative Rulings, in the event opposing counsel appears without following ...

Excerpt: ...s Court should stay this later‐filed proceeding. Having considered all of the papers submitted, including the parties' supplemental briefs, the Court issues the following tentative ruling. Petitioners People of the State of California ex rel. Rob Bonta, Attorney General's (“Petitioners”) petition for order compelling compliance with investigative subpoenas by Respondent Maysville Fellowship Medical Aid Plan dba United Refuah Healthshare (�...

Excerpt: ...motion to compel Defendant Clayco, Inc. dba Clayco Construction Company, Inc. (“Clayco”) to provide responses to her special interrogatories, set two (“SIs”) is granted. Request for Judicial Notice Plaintiff's request for judicial notice is unopposed and granted. Evidentiary Objections The Court declines to rule on Plaintiff's evidentiary objections since the subject evidence concerns Clayco's related motion for relief from waiver of obje...

Excerpt: ... the reply is GRANTED. In taking judicial notice 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 findings of fact are true]; Steed v. Department of Consumer Affairs (2012) 204 Cal.App.4th 112, 120‐121. Plaintiff's evidentiary objections Plaintiff's objections...

Excerpt: ...ainant seeks to strike the prayer for punitive damages and attorney's fees in the FAC. In their opposition, Plaintiffs state that during their meet and confer phone call with counsel for Cross‐Complainant, Plaintiffs agreed to withdraw their request for attorney's fees. (Opp., 3.) Plaintiffs' opposition solely addresses Cross‐Complainant's motion to strike punitive damages and states that they will amend their FAC to remove the request for at...

Excerpt: ...summary adjudication, as to Plaintiffs Jeff Linde and Satellite Avenue, Inc.'s (collectively "Plaintiffs”) nine causes of action in Plaintiffs' first amended complaint (“FAC”) is ruled on as follows. The Notice of Motion states the incorrect address for Department 54; the correct address is 813 6th Street, Sacramento, California 95814. In addition, the Notice of Motion does not provide notice of the Court's tentative ruling system, as requi...

Excerpt: ...hether the settlement agreement could be interpreted as precluding Class Members who are also PAGA Members, but who have Class Claims outside of the PAGA period, from opting out or objecting to the Settlement Agreement. Plaintiffs submitted an Amended Joint Stipulation of Class Action Settlement and Release (“Settlement Agreement” or “Settlement”) that addresses the concern. The Settlement Agreement provides no right to exclusion by PAGA ...

Excerpt: ...nt”) has admitted all of the allegations in the Complaint. When the moving party is the plaintiff, there is only one ground for a motion for judgment on the pleadings: "the complaint states facts sufficient to constitute a cause or causes of action against the defendant and the answer does not state facts sufficient to constitute a defense to the complaint." (Code Civ. Proc. § 438(c)(1)(A).) The Court must disregard all controverted allegation...

Excerpt: ...ssaulted by one of Best Buy's security guards while shopping at a Best Buy store located at 1901 Arden Way, Sacramento, CA 95815. Plaintiff's original Complaint alleges several purported causes of action, which appear to include the following: (1) assault (first cause of action, count one); (2) physical abuse (Welfare & Institutions Code § 15610.63) (first cause of action, count two); (3) negligent hiring, supervision, and retention of employee ...

Excerpt: ...the Union's member, Kevin Valone (“Valone”). The Union moves to compel the District to arbitrate the dispute over the discipline imposed on Valone. According to the Union, the parties disagree about the interpretation, application or enforcement of the express terms of the CBA, other express personnel policy, practice or procedure as they relate to District's decision to discipline Valone. The Union also insists that the District initially pr...

Excerpt: ...alance of $8,629.13. The account ending in 1494 has a balance of $8,171.80. Bank's request for judicial notice is granted. Defendant opposes the motion. Defendant first argues that the action is subject to an arbitration agreement, and the matter must be stayed. The Court notes, however, that the Court rejected Defendant's motion to compel arbitration on 5/2/2022. (ROA 23.) Thus, there no pending motion to compel arbitration is in the Court's reg...

Excerpt: ...ordinator on or before the date of the scheduled hearing. The litigation coordinator shall provide the tentative ruling to plaintiff Kirk Williams (“plaintiff”) 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 plaintiff need not request oral argument. The Litigation Coordinator shall make ...

Excerpt: ..., the Court notes that Plaintiffs have indicated the incorrect address in their notice of motion. The correct address for Department 54 of the Sacramento County Superior Court is 813 6th Street, Sacramento, California 95814. Moving counsel shall notify opposing counsel immediately of the correct address. The notice of motion does not provide notice of the Court's tentative ruling system as required by Local Rule 1.06(D). Moving counsel is ordered...

Excerpt: ...nia 95814. Moving counsel shall notify opposing counsel immediately of the correct address. The notice of motion does not provide notice of the Court's tentative ruling system as required by Local Rule 1.06(D). Moving counsel is ordered to notify opposing counsel immediately of the tentative ruling system and the manner to request a hearing. If moving counsel is unable to contact opposing counsel prior to hearing, moving counsel is ordered to app...

Excerpt: ...ith his opposition papers. Although these documents are not required for oppositions under CRC Rule 3.1345, Plaintiff's failure to do so leaves his factual statements unsupported and unverified. Thus, the Court must disregard the factual statements included in Plaintiff's opposition. (See Smith, Smith & King v. Superior Court (1997) 60 Cal.App.4th 573, 577‐578.) This action arises out of a landlord‐tenant dispute wherein Plaintiff alleges the...

Excerpt: ...endants specifically object to the supporting declaration provided with Plaintiff's Reply (“the Declaration of Steven Kamp”). Defendants raise issue with the exhibits attached to the Declaration of Steven Kamp and raise evidentiary objections on grounds of hearsay and improper authentication. The Court does note that it is elementary that points raised for the first time in a Reply brief are not considered. (See St. Mary v. Superior Court (20...

Excerpt: ...y object to the supporting declaration provided with Plaintiff's Reply (“the Declaration of Steven Kamp”). Defendants raise issue with the exhibits attached to the Declaration of Steven Kamp and raise evidentiary objections on grounds of hearsay and improper authentication. The Court does note that it is elementary that points raised for the first time in a Reply brief are not considered. (See St. Mary v. Superior Court (2014) 223 Cal.App.4th...

Excerpt: ...dicial Notice of the FAC. In taking judicial notice of the FAC, the Court accepts the fact of its existence, not the truth of its contents. (See Professional Engineers v. Dep't of Transp. (1997) 15 Cal.4th 543, 590.) “There exists a mistaken notion that this means taking judicial notice of the existence of facts asserted in every document of a court file, including pleadings and affidavits. However, a court cannot take judicial notice of hearsa...

Excerpt: ...ts This action arises from a commercial breach of contract action filed by Plaintiff against Defendant on April 26, 2021 in this Court. On January 12, 2022, Defendant served Plaintiff via overnight delivery service, Form Interrogatories ‐ General, Set One, Special Interrogatories, Set One, Special Interrogatories, Set One, Request for Admissions, Set One, and Request for Production of Documents, Set One. Pursuant to Code of Civil Procedure sect...

Excerpt: ...to Plaintiff for a credit card account and entered into a written credit card account agreement with plaintiff for the account number ending in 9271 (the "Account"). (UMF 1.) Defendant agreed to be bound by the terms and conditions set forth in the Cardmember Agreement when Defendant applied for, received or used the credit card account, while acknowledging that the Cardmember Agreement provides that use of the card constitutes acceptance of the ...

Excerpt: ...Defendant for employment‐related claims. (MPA, 3; Opp., 2.) Jonathan Kent of Jackson Lewis, P.C. was Defendant's attorney of record at the time and filed an answer on behalf of Defendant on September 19, 2019. (MPA, 4.) On February 1, 2021, Plaintiffs each served an initial round of discovery on Defendant including Request for Admissions, Set One (“Requests” or the “Admissions”). (Declaration of Nicole N. Wentworth ("Wentworth Decl.") �...

Excerpt: ...udicial Notice are GRANTED. In taking judicial notice of these documents, however, the court does not accept the truth of the factual assertions therein. (Herrera v. Deutsche Bank Nat'l Trust Co. (2011) 196 Cal.App.4th 1366, 1375.) Hudson's late reply is considered herein. The Notice of Motion states the incorrect address for Department 54; the correct address is 813 6th Street, Sacramento, California 95814. Defendants' counsel is directed to con...

Excerpt: ...e Order on Defendant Joanne Suavillo's motion for summary judgment. The Court now repeats that history once more below: This is a personal injury action in which plaintiff Nelida Castillo‐Pedron [sic] was knocked down by co‐ defendants Raymond ("Raymond") and Joanne Suavillo's dogs. Plaintiffs originally named Raymond and [Joanne Suavillo dba Wandering Boba] as defendants in the action. After [Joanne Suavillo dba Wandering Boba] filed its MSJ...

Excerpt: ...ht by Plaintiffs on behalf of similarly situated individuals. The operative Second Amended Complaint alleges causes of action for: (1) failure to pay overtime wages, (2) wage statement violations, (3) waiting time penalties, (4) unfair competition, (5) failure to reimburse expenses, (6) failure to pay accrued vacation, (7) meal period violations, (8) rest period violations, (9) Private Attorney Generals Act, (10) failure to pay minimum wages, and...

Excerpt: ...wart Title of Sacramento acted as the escrow agent. (Declaration of Martin Jensen (“Jensen Decl.”) ¶ 3.) On or about January 12, 2017, Plaintiffs Mark D. Chisick, as Manager of S360 Properties, LLC, Mark D. and Denise M. Chisick, as co‐Trustees of the Chisick Family Trust, and S360 Properties, LLC (collectively “Plaintiffs”) filed a complaint in this matter naming several individual and entities, including STS Defendants. On or about J...

Excerpt: ...tice of prior pleadings in this matter. In taking judicial notice of these documents, the Court accepts the fact of its existence, not the truth of its contents. (See Professional Engineers v. Dep't of Transp. (1997) 15 Cal.4th 543, 590.) “There exists a mistaken notion that this means taking judicial notice of the existence of facts asserted in every document of a court file, including pleadings and affidavits. However, a court cannot take jud...

Excerpt: ... the Jerome H. Sprague Family Revocable Trust, and Jerome H. Sprague, Trustor for the Jerome H. Sprague Family Revocable Trust, and Jerome H. Sprague Family Revocable Trust (collectively “Sprague Plaintiffs”) filed their Complaint alleging just one cause of action for fraud. (ROA 1.) In their Complaint, Sprague Plaintiffs name Defendant Kathrine Pittard (“Pittard”) and “new” Defendant Michael K. Sipes (“Sipes”), “an attorney hir...

Excerpt: ...ams (“plaintiff”) 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 plaintiff need not request oral argument. The Litigation Coordinator shall make plaintiff available, by Zoom telephonically, at 9:00 a.m. on the date of the continued hearing date, which will be June 14, 2022, to participat...

Excerpt: ...or opposing party prior to hearing, counsel for moving party shall be available at the hearing, in person or by telephone, in the event opposing party appears without following the procedures set forth in Local Rule 1.06(B). The Court notes that Defendants' Motion brief does not include a table of contents or table of authorities as required by California Rules of Court (CRC) Rule 3.1113(f). Further, Defendants' Reply brief exceeds the page limit...

Excerpt: ...ion coordinator on or before the date of the scheduled hearing. The litigation coordinator shall provide the tentative ruling to Plaintiff Hendrix Moreno Montecastro within 48 hours of receiving it. The hearing date shall automatically be continued to June 2, 2022, at 9:00 a.m. in this Department for oral argument. The continuance date is an appearance required hearing so no party needs to request oral argument. The litigation coordinator shall m...

Excerpt: ...th Street, Sacramento, California 95814. Plaintiffs shall notify Defendant immediately. Defendant's Opposition was untimely filed, however the Court exercises its discretion to consider Defendant's late filed Opposition. The Court grants Plaintiffs' Request for Judicial Notice of prior pleadings, filings, and orders in this matter. In taking judicial notice of these documents, the Court accepts the fact of its existence, not the truth of its cont...

Excerpt: ...ne”) and Kaiser NorCal Medical Legal Department (“Kaiser NorCal”) (collectivley “Third Parties”) to produce records in response to subpoena is ruled upon as follows. Overview and Procedural History This action arises out of the artificial insemination of Plaintiff Patrice Grinnell (“Patrice”) by co‐defendant Dr. Herrera (“Herrera”) in 1987. (Because Plaintiffs share the same last name, the Court refers to them herein by their ...

Excerpt: ...ngs is DENIED in its entirety. In their Reply, Petitioning Defendants filed evidentiary objections to Plaintiffs' supporting declarations, the Declaration of Edward P. Dudensing and the Declaration of Terri Pappa. Petitioning Defendants object to Exhibit A (Dennis Pappa's medical records) attached to the Declaration of Edward P. Dudensing, and the subsequent references thereto. Petitioning Defendants raise objections on grounds of improper authen...

Excerpt: ...ative, motion for summary adjudication is ruled upon as follows. Request for Judicial Notice The parties' respective requests for judicial notice are granted. Evidentiary Objections Pursuant to Code of Civil procedure section 437c, subdivision (q), the Court only rules on the objections to evidence deemed material to its disposition of the motion. Herrera's evidentiary objections are ruled on as follows: Objection Nos. 4, 5, and 6 are overruled. ...

Excerpt: ...serve verified further responses to each of Plaintiffs' Special Interrogatories, Set One, Numbers 10 and 12, and for sanctions is DENIED. Plaintiffs filed their Complaint on November 5, 2020, alleging claims for breach of contract, breach of the covenant of good faith and fair dealing, promissory fraud, violation of Business & Professions Code section 17200 et seq., and violation of Civil Code section 51.5. Plaintiffs allege Alta failed to pay in...

Excerpt: ...e forms of written discovery, each of which contemplates a separate motion. Instead of filing separate motions as to each separate form of discovery, which is preferred by the Court, Plaintiff filed a singular motion. The Court notes that separate motions are not required by the Code, but combining multiple forms of relief into one motion creates unnecessary complications for the Court in evaluating the [each] motion and is simply not the preferr...

Excerpt: ...ed this action on February 3, 2022, alleging claims for breach of contract, common counts, fraud, negligence, and intentional tort, arising from Plaintiff's sale of his ophthalmology business to Nvision pursuant to the parties' June 21, 2019, Asset Purchase Agreement (the “APA”). Generally, Plaintiff allege Nvision breached the APA and made fraudulent misrepresentations thereunder. Nvision moves to compel the entire matter to arbitration base...

Excerpt: ...ants also seek an order prohibiting Plaintiff from submitting false statements to this Court or any Court in the future. Legal Standard An attorney or unrepresented party who files a pleading with the court certifies that the pleading has merit “to the best of the person's knowledge, information, and belief, formed after an inquiry reasonable under the circumstances.” (CCP § 128.7(b).) The person certifies that “[t]he allegations and other...

Excerpt: ...ei explained, in pertinent part: "Counsel argued that [the] statu[t]e required an estimate to be provided if the costs were to be split between the parties. There is also a need for a protective order and counsel stated it would be several weeks before the draft would be completed. The Court continued the matter to 05/25/2022 at 9:00 a.m. in this department. Plaintiff is to submit the estimate of costs of noticing the class to defendant and file ...

Excerpt: ...e recorded land documents, the court accepts the fact of their existence, not the truth of their contents. (Herrera v. Deutsche Bank Nat'l Trust Co. (2011) 196 Cal.App.4th 1366, 1375.) Plaintiff filed the verified Complaint on December 21, 2021, alleging claims for quiet title, breach of contract, conspiracy to commit fraud, fraud, and declaratory relief. Plaintiff alleges she and her late husband, Abdul Hakim Nasir (who passed away on October 27...