Excerpt: .../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. The Court notes that while IRS filed a Notice of Motion to Strike on 4/25/2022, no corresponding memorandum of points & authorities or declaration was filed on or after that date. Instead, accordi...

Excerpt: ...f moving defendants' seven (7) Undisputed Material Facts, which of plaintiff's own 14 Additional Material Facts, and/or which of the parties' written objections to evidence will be addressed at the hearing. The parties should be prepared to point to specific admissible evidence which is claimed to show the existence or non‐existence of a triable issue of material fact. *** Moving counsel failed to comply with CRC Rule 3.1350(b) and (h), requiri...

Excerpt: ... not provide the correct address for Dept. 53/54. 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, along with the correct address for Dept. 53/54. 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. The notice of motion also doe...

Excerpt: ...ically, call (833) 568‐8864 and enter the Zoom ID: 16146506749. Defendants State of California (the "State"), Governor Gavin Newsom ("Newsom"), and California Department of Corrections and Rehabilitation's ("CDCR") (collectively, "Defendants") demurrer to plaintiffs Paul Christopher ("Paul") and Carrea Christopher's ("Carrea") (collectively, "Plaintiffs") First Amended Complaint is SUSTAINED without leave to amend. Plaintiffs have filed a reque...

Excerpt: ...nd/or causes of action discussed below will be addressed at the hearing. Counsel are also reminded that pursuant to local rules, only limited oral argument is permitted on law and motion matters. *** Factual Background This action arises from a business dispute relating to the production of metal sheets used a “top skins” for “optical tables” manufactured by Newport, a subsidiary of MKS. Plaintiff Hogan Mfg., Inc. (“Hogan”) commenced ...

Excerpt: ...t Guardian Estate Investments, LLC's (“Guardian”) motion for an order compelling plaintiffs David Stewart (“Stewart”), Decision Detective Corporation (“Decision Detective”), and the D & H Stewart Family Limited Partnership (“Stewart FLP”) (collectively, “Plaintiffs”) to provide further, code‐compliant responses to Guardian's Requests for Production, Set One, and to compel compliance with Plaintiffs' stated agreement to produ...

Excerpt: ...n with Defendant's selection to purchase Plaintiff's membership interest is GRANTED as follows. This action arises out of plaintiff Victoria J. Straine's (“Plaintiff”) claims related to the formation and management of EVS with Defendant, her brother. Plaintiff's and Defendant's father passed away in 2012, dividing his estate equally between Plaintiff and Defendant. After the assets were divided, the estate was left with approximately $4,000,0...

Excerpt: ...t James Hoblitzell IV, for the purchase of a Mini Mart. In September 2001, Defendant demanded that Plaintiffs sign a Promissory Note and Deed of Trust to secure monthly payments for the purchase. Plaintiffs allege Defendant threatened and coerced them to sign the Promissory Note and Deed of Trust. In March 2005, Defendant caused a Notice of Default to be recorded and began foreclosure proceedings. Plaintiffs initiated litigation against Defendant...

Excerpt: ...drix 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 make Mr. Montecastro available by Zoom to participate in oral argument at 9:00 a.m. on the continued hearing date. Department 54's Zoom ID is: ...

Excerpt: ...ated 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 the estimate with the court. Counsel shall also prepare a protective order for signature, as it needs to be in place prior to the class notice being mailed out. There will be no further briefing allowed except on th...

Excerpt: ...tice Defendants' request for judicial notice of the Memorandum of Understanding between DGS and JRC (the “MOU”) and the California Department of General Services' Notice of Determination (“NOD”) of an environmental impact report is granted. Although the court may take judicial notice of the existence of these documents, it cannot take judicial notice of the truth of the contents of those documents or consider the parties' interpretation o...

Excerpt: ...f plaintiff Gregory Ross' (“Plaintiff”) fractured neck and spinal cord injury, resulting in paralysis and mental and physical incapacity. Defendant moves for summary judgment on the ground Plaintiff cannot establish breach of the applicable standard of care and Defendant did not cause or contribute to Plaintiff's claimed injuries. In evaluating a motion for summary judgment the court engages in a three step process. First, the Court identifie...

Excerpt: ...y 13, 2018. The operative Second Amended Complaint (“2AC”), filed on April 15, 2019, alleges the following four causes of action against FMC and other defendants: (1) negligence, (2) trespass, (3) nuisance, and (4) strict liability ‐ ultrahazardous activity. Plaintiffs allege in or around March or April of 2017, defendant Alpine Helicopter Service, Inc. (“Alpine”) aerially applied a mixture of herbicides, including Shark EW manufactured...

Excerpt: ...“[s]trike out any irrelevant, false, or improper matter inserted in any pleading” as well as “all or part of any pleading not drawn or filed in conformity with the laws of this state.” (CCP § 436, subds. (a) and (b).) Motions to strike are disfavored. Courts considering such motions must presume the allegations contained therein are true and must consider those allegations in context. (Clauson v Superior Court (1998) 67 Cal.App.4th 1253,...

Excerpt: ...f a motor vehicle accident that occurred on November 16, 2016. Plaintiff Sharon Hawkins (“Plaintiff”) filed her Complaint on November 16, 2018. Defendant has not been served with the Summons and Complaint and now moves to dismiss the action under Code of Civil Procedure section 583.210, subdivision (a). That subdivision provides: "[T]he summons and complaint shall be served upon a defendant within three years after the action is commenced aga...

Excerpt: ...nd opposing counsel at the time of the request which of moving defendants' 101 Undisputed Material Facts, which of opposing plaintiff's 134 Additional Material Facts, and/or which of moving defendants' 109 objections to evidence will be addressed at the hearing. The parties should be prepared to point to specific admissible evidence already in the record which is claimed to show the existence or non‐existence of a triable issue of material fact...

Excerpt: ... that will be addressed at the hearing. Counsel are also reminded that pursuant to local rules, only limited oral argument is permitted on law and motion matters. *** Neither the White Declaration in opposition nor the Zhang Declaration in reply was not considered because such “extrinsic evidence” is beyond the limited scope of what this Court may properly consider in connection with this demurrer: Those facts properly alleged in the challeng...

Excerpt: ...ng to PAUL CHRISTOPHER 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 CHRISTOPHER need not request oral argument. The Litigation Coordinator shall make PAUL CHRISTOPHER available, by Zoom telephonically, at 9:00 a.m. on the date of the continued hearing date, which will be May 31, 2022,...

Excerpt: ...amilybased dispute between Plaintiffs Muhammad Younas Malid and Nazia Jabeen Iqbal and Ms. Iqbal's siblings, Shazia Jabeen, Moshan Iqbal, and Ashan Iqbal. The disputes between the siblings regarding their father, Zafar Iqbal, and his care and property have been ongoing for over six years in both this Court and the Yolo County Superior Court. In 2019, Defendants represented Shazia Jabeen in an already‐filed Petitioner for Conservatorship over th...

Excerpt: ...rs. Plaintiff alleges that Marshall transferred interest of the real and personal property to her. Relying on Defendant's alleged representations, Plaintiff undertook modifications and improvements to the property with Defendant's knowledge. Thereafter, Defendant and co‐owner Kim Gavin Marshall demanded Plaintiff and her daughters vacate the property and instituted an unlawful detainer action. Plaintiff filed this action on January 6, 2022, all...

Excerpt: ... enter the Zoom ID: 16146506749. Plaintiff TBF Financial I, LLC's (“Plaintiff”) motion for terminating sanctions against defendant in pro per Arnold Butler aka Arnold Devonne Butler aka Arnold Devonnea Butler (“Butler”) is UNOPPOSED and GRANTED as follows. On September 30, 2021, this Court granted Plaintiff's unopposed motion to compel responses to discovery requests and to deem matters admitted. The Court ordered Defendant to serve verif...

Excerpt: ...TS Plaintiff presents the following facts in its separate statement: Defendant Benny Penrose applied to Plaintiff for a credit card account and entered into a written credit card account agreement with plaintiff for the account number ending in 6518 (the "Account"). (UMF 1, 10.) Defendant agreed to be bound by the terms and conditions set forth in the Cardmember Agreement when the defendant applied for, received or used the credit card account, w...

Excerpt: ...e of discovery in this case, Ms. Bennett has repeatedly sought to depose Mr. Magby, starting in October 2021, when Ms. Bennett served Mr. Magby with a Notice of Deposition, designating a deposition date of November 8, 2021. On the day of deposition, Mr. Magby's counsel stated that he was unaware of the deposition and that Mr. Magby would not appear. Ms. Bennett promptly served a First Amended Notice of Deposition, setting a new deposition date of...

Excerpt: ...endant In Self Storage 16, LLC dba In RC Storage South Sacramento's (“RC Storage”) demurrer to Cross‐Complainant Steven M. Vanderlick, dba Mach One Towing's (“Mach One”) Cross‐Complaint is ruled upon as follows. Overview In this action, pro per plaintiff Willis (“Willis”) alleges that he stored his 2004 Fleet Camper (“Camper”) at RC Storage's facility. Willis alleges that despite being current on his monthly payments, RC Stora...

Excerpt: ...s Windsor Norcal 13 Holdings, LLC; S&F Management Company, LLC; S&F Management Company, Inc.; Lee Samson; Lawrence Feigen; and Donny Feldman's (collectively, the “Windsor Corporate Defendants”) joinder is granted. In this elder abuse action, plaintiff Katherine Felkins, individually and on behalf of her father, Donald Knestrict, as his successor‐in‐interest, allege causes of action arising out of the care Mr. Knestrict received at Windsor...

Excerpt: ...t John Mourier Construction, Inc. (“John Mourier”) within the development commonly known as the Bishop Ranch subdivision located in Elk Grove, California (the “Subject Project”). The action has been overseen by Special Master John Riddle. Plaintiffs filed this action on June 16, 2015, against multiple defendants, including John Mourier. The operative Second Amended Complaint was filed on April 9, 2018. John Mourier filed a Cross‐Complai...

Excerpt: ...ly, “Plaintiffs”) filed their form Complaint on February 9, 2021, alleging causes of action for motor vehicle (personal injury), general negligence, and loss of consortium. The Complaint alleges “Defendants owed Plaintiffs and others on the road a duty of care and breached that duty by operating vehicles in manners that caused motor vehicle collision to plaintiffs' vehicle. Defendants also violated California Vehicle Code Section 216658. Pl...

Excerpt: ...tire Complaint or, in the alternative, striking certain portions is GRANTED in part and DENIED in part as follows. Defendants' request for judicial notice is granted. Plaintiff filed a Complaint against Defendants on December 15, 2021, alleging a single cause of action for retaliation in violation of California Health & Safety Code section 1278.5, which protects healthcare workers and medical staff from retaliation for reporting unsafe patient ca...

Excerpt: ...unsel of Local Rule 1.06 and the Court's tentative ruling procedure. If Petitioners' counsel is unable to contact Respondent's counsel prior to the hearing, Petitioners' counsel shall be available at the hearing, by Zoom as stated in the introductory NOTICE to today's Tentative Rulings, in the event Respondent's counsel appears without following the procedures set forth in Local Rule 1.06(B). Petitioners' petition for order compelling compliance ...

Excerpt: ...t 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. If requested by the parties, the court may retain jurisdiction over the parties to enforce the settlement until performance in full of the terms of the settlement.” Thus, CCP § 664.6 allows the Court upon motion to enter judgment pursuant to the terms of a settlement where the parties st...

Excerpt: ...rts, before” the Court rules on defendants Jennifer Kelly, Veronica Crudo, Matthew Crudo And Melissa Jimenez's (collectively “Defendants”) motion to compel Plaintiff Trap LLC's compliance with settlement agreement, which is being concurrently heard. Plaintiff states that “[i]t is expected that Plaintiff can not [sic] object to any offer of $240,000 or higher despite his ability to bid on the property. Because there was no ongoing business...

Excerpt: ...it appears Drake's motion is in a reality a Motion for Terminating Sanctions ‐ “Under the totality of the facts in this case, terminating sanctions under CCP 2023.030 is [sic] appropriate and Drakes request [sic] Roberts answer be stricken . . .” (Mov. P&A, ¶ 9: 2‐6.) Drake is admonished for failing to comply with the California Rules of Court regarding format of motion papers. (See Cal. Rules of Court, rules 3.1110 ‐ 3.1113.) FACTS: O...

Excerpt: ...r Defendant Simons could not locate him, despite multiple voice messages, emails, and hiring an investigative analyst. (Ibid.) On May 27, 2021, Plaintiffs filed their Complaint alleging a cause of action for motor vehicle/negligence. (ROA 1.) On June 18, 2021, Plaintiffs filed a First Amended Complaint (“FAC”). (ROA 8.) On September 27, 2021, Defendant Simons answered the FAC. (ROA 12.) On October 25, 2021, Plaintiffs propounded and served Fo...

Excerpt: ...property located at 2601 5th Street, Sacramento, California (“Subject Property”) as a public nuisance pursuant to Civil Code sections 3479 and 3480 and Sacramento City Code chapters 8.04, 8.96, 8.100, and 15.04. (MPA, 5.) Plaintiff also requests an order that Defendants secure the Subject Property pending remedial repairs and full compliance with the Sacramento City Code. (Id., 5‐6.) Since the Court's Order on 3/2/202, Defendants Eugene Bug...

Excerpt: ...oving counsel is directed to contact opposing counsel and advise them 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 the hearing, moving counsel is ordered to appear at the hearing by Zoom or telephone. VSS's opposition fails to comply with the Rules of Court which require that “[a] memorandum that exceeds 10 pages must include a...

Excerpt: ...�� collectively) filed their Complaint against Defendants. According to the Complaint, Plaintiffs were tenants of a unit (the Premises) at a multiresidential property (the Property) located in Sacramento that Defendants owned, controlled, or managed during the relevant period of time. (Complaint, ¶¶ 2, 6.) Plaintiffs entered a residential lease agreement for the Premises with Defendants around January 2018. (Id., ¶ 15.) The Property is located...

Excerpt: ... Defendants' unopposed motion to compel Plaintiff Brett Charles' ("Plaintiff") attendance at deposition along with the documents requested. (ROA 87.) The Court ordered Plaintiff to appear for deposition and submit to examination along with the documents requested no later than October 15, 2021 unless Defendants agreed to a later date memorialized in writing. (Ibid.) The Court ordered the parties to “meet‐and‐confer in an attempt to find a m...

Excerpt: ... §§ 12900et seq.) On March 29, 2022, Plaintiff filed a Notice of Conditional Settlement. On March 10, 2022, Plaintiff accepted Defendant's CCP § 998 Offer, which provides for payment of $50,000.01 in return for a dismissal with prejudice, “exclusive of any and all recoverable attorney's fees and costs.” (Allen Dec., Exh. A.) Plaintiff now seeks attorneys' fees and costs pursuant to Government Code section 12965 in the amount of $23,695 (re...

Excerpt: ...unsel and advise him/her of Local Rule 1.06 and the Court's tentative ruling procedure and the manner to request a hearing. Moving counsel is also ordered to be available at the hearing in the event Defendant appears without following the procedures set forth in Local Rule 1.06(B). Background The underlying action is a representative action under PAGA based on alleged violations of the Labor Code and Industrial Welfare Commission Order No. 4‐20...

Excerpt: ... California 95814. Defendant shall notify Plaintiff immediately. This is an employment class action. Defendant employed Plaintiff as an hourly, nonexempt employee from approximately May 2019 to February 2020. (Compl. ¶ 18.) On November 3, 2021, Plaintiff filed his Class Action Complaint alleging various violations of the Labor Code and the California Business and Professions Code. These include claims for unpaid overtime, unpaid meal period prem...

Excerpt: ... violations of the Patient's/Resident's Bill of Rights brought by plaintiff Kara Hagstrom, by and through her Guardian ad Litem, Wesley Hagstrom (“Plaintiff” or “Kara”). Plaintiff is a bedbound, non‐verbal, developmentally disabled adult. Plaintiff filed the Second Amended Complaint (“2AC”) on January 30, 2020, naming Alta as a defendant. Alta's demurrer to the 2AC was sustained with leave to amend on September 3, 2020. (ROA 144.) P...

Excerpt: ...ed upon defective service. Plaintiff filed his Complaint on August 24, 2018, alleging claims for violation of Civil Code sections 51 and 51.7, conversion, intentional infliction of emotional distress, Consumer Legal Remedies Act, and injunctive relief. Plaintiff now seeks to add causes of action for fraud, negligence, and violations of the Song‐Beverly Consumer Warranty Act, and to remove the claim for injunctive relief. Plaintiff contends the ...

Excerpt: ...result of the collision, Plaintiff alleges personal injuries. Plaintiff filed her Complaint for negligence on June 22, 2020. Plaintiff is claiming injury to her left and right shoulders, neck, and upper and lower back. (Fleming Decl. ¶ 5, Exh. B (Plaintiff's Depo. at pp. 131:21‐133:24, 134:11‐19).) Plaintiff's discovery responses indicate that as of September 10, 2020, she continued to have left shoulder pain. Plaintiff underwent left should...

Excerpt: ...uest for judicial notice 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 [“[W]hile the existence of any document in...

Excerpt: ...investment scheme. On or about February 15, 2022, Plaintiff served a deposition subpoena for production of business records on Bank of America, N.A. (Declaration of Ray Guanill, Jr. (“Guanill, Jr. Decl.”), Ex. A.) The subpoena stated: “FOR EACH AND EVERY ACCOUNT, INCLUDING CHECKING, SAVINGS, OR ANY OTHER ACCOUNT IN ANY FORM, HELD, OR EVER HELD, BY A CALIFORNIA BASED LIMITED LIABILITY COMPANY IDENTIFIED AS: (I) "R & S REI LLC" AND/OR (2) R &...

Excerpt: ...essed at the hearing and the parties should 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 Department of General Services (“DGS”) motion for summary judgment, or in the alternative, summary adjudication, is ruled upon as follows. I. Overview This action arises from a construction and leasing agreement between DGS and Plaintiff, CHP Facility...

Excerpt: ...ment is permitted on law and motion matters. *** Defendants Northland Group, Inc. (“Northland”), LVNV Funding, LLC (“LVNV”) and Resurgent Capital Services, L.P.'s (“Resurgent”) (collectively “Defendants”) demurrer to Plaintiff Marianne Lourick's (“Lourick”) second amended complaint (“SAC”) is ruled upon as follows. The Court, in its discretion, will consider Defendants' memorandum of points and authorities although it exce...

Excerpt: ...il December 2019. Plaintiff was a Data Processing Manager I in the Technology Division. She was not a badged officer. Plaintiff alleges that after Tillman learned Plaintiff was getting a divorce, he began to urgently and immediately pursue her. They entered into a consensual relationship, but Tillman began physically abusing and controlling Plaintiff. Tillman's abuse escalated when Plaintiff attempted to end the relationship beginning in late 201...

Excerpt: ...cedure [sic]…” However, Emergency Rule 12 authorizing service by email was repealed by the Judicial Council effective 11/13/2020. Ordinarily, such defective service would deprive the Court of jurisdiction to entertain this motion but the opposition failed to timely object to the defective service, thereby waiving the defect. Regardless, the present motion to amend fails to comply with the mandatory provisions of CRC Rule 3.1324(a)(2) and (3) ...

Excerpt: ...ourt's tentative ruling system, as required by Local Rule 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. Factual Background This action commenced on 10/19/2021 arises o...