Excerpt: ...ant's 140 Undisputed Material Facts, which of plaintiff's own 104 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. *** Both defendant's and plaintiff's counsel included in their respective separate statements a ...

Excerpt: ...urt'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 was commenced on 9/24/2021 to prevent the foreclosure sale of plaintiffs' home, which was then set for 10/8/2021. The sole named defendant is Rushmore Loan Management Services (“RLMS”), which beg...

Excerpt: ...rked for Respondent as an hourly, non‐exempt employee from May 11, 2020, to August 9, 2020. When Petitioner applied for the job, the employment application he filled out contained an arbitration provision. (Gonzalez Decl. ¶ 3, Exh. A (Employment Application).) The application is in Spanish, but Petitioner states the terms are not relevant to this petition because after Petitioner was hired, on or about May 11, 2020, he entered into a second ar...

Excerpt: ...e (“OSC”) re contempt and an OSC re sanctions against plaintiffs Elijah D. Matoza and Katie Vick (collectively, “Plaintiffs”) is DENIED. On September 21, 2021, this Court granted Defendants' motions to compel Plaintiffs to serve further responses to Defendants' special interrogatories and requests for production. Plaintiffs were ordered to serve verified further responses no later than October 8, 2021, and to pay monetary sanctions in the...

Excerpt: ... system as required by Local Rule 1.06(D). Patriot is ordered to notify Plaintiff immediately of the tentative ruling system and the manner to request a hearing. If Patriot is unable to contact Plaintiff prior to hearing, moving counsel is ordered to appear at the hearing. Patriot's request for judicial notice of various Orders staying matters issued by the San Diego County Superior Court, the Los Angeles County Superior Court, Orange County Supe...

Excerpt: ...ence related to repetitive injuries to her arm in 2016. She returned to work in September 2016 and resumed full‐time duties in December 2016. In October 2017, she was given a verbal warning, memorialized in writing, for violations of Defendant's time‐card policies. She was subsequently given a written corrective notice for time card violations in January 2018. Plaintiff requested a grievance hearing to contest the discipline. Sometime after t...

Excerpt: ...udicial notice of the Court's Order denying plaintiff Scott Buchanan's (“Buchanan”) motion for summary adjudication dated February 22, 2021 is granted. Admiral's request for judicial notice submitted on reply of the same Order is also granted. Admiral's Material Facts Sacramento Spine filed this action against Admiral, its professional liability insurer, claiming Admiral wrongfully refused to defend and indemnify it against a lawsuit brought ...

Excerpt: ...ely “Plaintiffs”). Plaintiffs filed their complaint on September 23, 2021. On February 4, 2022, Defendant filed a motion to compel Plaintiffs' individual claims to arbitration. (ROA 10.) Defendant supported the motion with the Declaration of John Cassidy (“Cassidy”), Defendant's Chief Financial Officer. Plaintiffs filed their opposition on March 2, 2022. Plaintiffs disputed that they electronically signed the arbitration agreement, and ob...

Excerpt: ...e of motion. The correct address for Department 54 of the Sacramento County Superior Court is 813 6th Street, Sacramento, California 95814. Defendants shall notify Plaintiff immediately. Request for Judicial Notice Defendants' request for judicial notice of the Employment Agreement between Plaintiff and California Northstate is granted. Plaintiff alleges his former employment with California Northstate was governed by an employment agreement, but...

Excerpt: .... *** Plaintiff Carolyn Carisoza‐Howard's motion to compel further responses to discovery is ruled upon as follows. This is an employment action. Plaintiff alleges FEHA race harassment and retaliation, Labor Code retaliation, failure to prevent retaliation and harassment, failure to pay minimum wages, failure to pay overtime wages, meal period liability, rest break liability, failure to provide accurate itemized wage statements, waiting time pe...

Excerpt: ... Complaint. (2) It was also unclear how the parties determined the November 28, 2021 end date for Class Members/Class Period. (3) Plaintiff alleges that he was employed with Defendants until July 25, 2020. Thus, it appears that there is a portion of the Class Period (July 26, 2020 to November 28, 2021) where Plaintiff was no longer employed with Defendants and is not a suitable class representative for that class period. (4) Plaintiff did not inc...

Excerpt: ...alifornia Department of Corrections and Rehabilitation (“CDCR”) and Kevin Loe's (“Loe”) demurrer to Plaintiff Christopher Hildreth's (“Plaintiff”) first amended complaint (“FAC”) is ruled upon as follows. The Court notes that Plaintiff dismissed Loe on 4/13/2022. Therefore, the Court will only address the demurrer as to CDCR. Overview Plaintiff is an employee with CDCR. In May 2020, Plaintiff was stationed to work at High Desert S...

Excerpt: ...ceria”), (collectively “Defendants”), filed an untimely opposition on 4/15/2022. Pursuant to the Court's Order on 3/7/2022, any opposition papers were to be filed and served by 4/14/2022. (ROA 18, p. 3.) The Court will nonetheless consider the opposition in the interests of justice. Plaintiffs' timely reply is considered herein. The Court will not consider the unauthorized supplemental declaration of Gordon Egan filed on April 25, 2022. Pla...

Excerpt: ...rch 15, 2022. The caption provides the correct date. TikTok's counsel is directed to notify the interested parties of the correct hearing date. Non‐party TikTok asserts this subpoena arises from an action filed and pending in the United States Bankruptcy Court for the Middle District of Florida (the "Bankruptcy Court"). (Motion, 3.) That lawsuit concerns a Chapter 7 bankruptcy filing by debtor Faith Elyzabeth Antonio ("Antonio"). TikTok is not ...

Excerpt: ...malpractice. Defendant filed motion for summary judgment on 5/26/2016 and it was subsequently granted on the first of two grounds advanced ( i.e., statute of limitations). Plaintiffs filed on 11/7/2016 an appeal which was successful and a remittitur was issued on 6/1/2018. In December 2018 defendant filed an application to extend time for selecting trial and settlement conference; this application was granted on 1/2/2019 and a Case Management Con...

Excerpt: ...aring. Counsel are also reminded that pursuant to local court rules, only limited oral argument is permitted on law and motion matters. *** Defendants Segal & Associates, PC and Malcolm S. Segal's (collectively, “Defendants”) bring this motion to compel Plaintiffs East West Bank (the “Bank”) and Solar Eclipse Investment Fund XXXV's (the “Fund”) (collectively, “Plaintiffs”) further responses to form interrogatories, special interro...

Excerpt: ... is alleged that both apartments suffered from various habitability issues and that defendants violated several different laws. The original complaint filed on 5/24/2021 specifically named just two defendants, Sun Valley Apartments, LLC and Dhir. Paragraph 2 expressly alleges that Sun Valley Apartments, LLC, Dhir and Does 1‐30 “owned, controlled, and/or managed the units that Plaintiffs resided in during all relevant time periods in this comp...

Excerpt: ...ion arises from a failed personal relationship between plaintiff and defendant Bryant who had been engaged to be married. The complaint in part alleges that defendant Bryant was in September 2018 arrested after using a vehicle in an attempt to strike plaintiff and shortly thereafter, defendant Bryant and defendant Lorca conspired to seek a restraining order against plaintiff without actually serving her with notice of the hearing. According to th...

Excerpt: ...RC Rule 3.1350(g), requiring a single volume of evidence (including declarations) with a table of contents when the evidence exceeds 25 pages. Factual Background This litigation arises out of plaintiff's personal loan to defendant Mann. The complaint alleges that defendant applied for and received the loan, made payments on the loan balance but subsequently defaulted by failing to make the required minimum payments and has since refused to bring ...

Excerpt: ... of demurrer. The correct address for Departments 53 and 54 of the Sacramento County Superior Court (Law and Motion) is 813 6th Street, Sacramento, California 95814. Request for Judicial Notice Defendant's request for judicial notice of the following is granted: 1) That Plaintiff filed a government claim against the Defendant on September 23, 2021; 2) That Defendant issued a Notice of Untimely Claim to Plaintiff on October 6, 2021; 3) The Proof o...

Excerpt: ...elephone” with the party filing the pleading that is the subject of the motion to strike. (Bold added for emphasis.) The proof of service attached to the moving papers fails to comply with Code of Civil Procedure §1013a, requiring the “exact title” of each document being served. Plaintiffs' counsel failed to comply with CRC Rule 3.1113(f). Factual Background This action arises from a contract relationship whereby was AGS to provide HVAC sy...

Excerpt: ...tigative subpoena duces tecum for the production of papers and documents to Respondent William Bresnick, M.D. (“Respondent”). The subpoena sought the patient medical records for two patients, CB and BH, in connection with allegations of improper prescribing practices and unprofessional conduct emanating from violations from the standard of care. The subpoena was served on Respondent on August 2, 2021, and required the papers and records liste...

Excerpt: ... to compel pro per Plaintiff Victoria Yeager's further responses to Form Interrogatories is ruled upon as follows. Defendant moves to compel further responses to Form Interrogatory Nos. 2.5, 2.11 and 9.1.) Here, the record demonstrates that Plaintiff serve her initial responses on November 12, 2021. She served a first amended response on December 28, 2021. She served second amended response on January 11, 2022. Plaintiff opposes the motion. Timel...

Excerpt: ...s. *** If oral argument is requested, the parties must at the time oral argument is requested notify the clerk and opposing counsel of the specific issues identified below 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. *** Factual Background This action arises from the fractured relationship between the Trust and Plaintiff and nomina...

Excerpt: ... 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 hearsay allegations as being true, just because they are part of a court record or file. A court may take judicial notice of the...

Excerpt: .... (“Wells Fargo”). According to the FAC, Plaintiffs are the parents of Decedent Deniece Abraham (“Decedent”). On November 27, 2019, (1) Wells Fargo negligently entrusted and permitted Malbrough, a Wells Fargo employee, to operate a Nissan Altima; (2) Wells Fargo knew or should have known that Malbrough was incompetent and unfit to operate the vehicle; (3) Wells Fargo used Malbrough as the driver of its ride‐ sharing transportation servi...

Excerpt: ...otion does not provide notice of the Court's tentative ruling system, as required by Local Rule 1.06. Moving counsel is directed to contact Plaintiffs' counsel and advise counsel 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 Plaintiffs' counsel prior to hearing, moving counsel is ordered to appear at the hearing via Zoom or by telephone. This is a personal...

Excerpt: ...prior to the hearing, GM's 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 the procedures set forth in Local Rule 1.06(B). GM's demurrer to Plaintiff Jesus Ceja's (“Plaintiff”) sixth cause of action for fraud by omission is OVERRULED as follows. Factual Background This action arises from Plaintiff's October 10, 2019 pu...

Excerpt: ...anner to request a hearing. If moving counsel is unable to contact Defendant's counsel prior to hearing, moving counsel is ordered to appear at the hearing via Zoom or by telephone. Background This is lemon law action filed by Plaintiff Bryant Suggs (“Plaintiff”) against Defendant FCA US LLC (“Defendant”). On November 23, 2021, this matter came on for scheduled trial. According to the Court's November 23, 2021 minute order (“November 23...

Excerpt: ...e of Motion does not provide notice of the Court's tentative ruling system, as required by Local Rule 1.06(D). FCA's counsel is directed to contact opposing counsel forthwith to advise counsel of Local Rule 1.06 and the Court's tentative ruling procedure. If FCA's counsel is unable to contact opposing counsel prior to the hearing, FCA's counsel shall be available at the hearing, by Zoom as stated in the introductory NOTICE to today's Tentative Ru...

Excerpt: ...ss 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 shall notify Defendants immediately. This action arises out of the 2016 death of the minor Plaintiff's father, Milton Beverly, Jr. (“Beverly”) who was at the time a prison inmate. Plaintiff's original theory of liability against defendant California Department of Corrections and R...

Excerpt: ...ed relevant by the Court in making its ruling on the instant motion. Factual Background Plaintiff alleges claims for trespass, nuisance, assault, interference with economic advantage, and related claims arising out of Defendant Justin Capella's (“Defendant”) alleged interference with Plaintiff's property. Plaintiff is the owner of a condominium building project known as Mystique ("Project"), located at 3007 Enchanted Walk, Sacramento, Califor...

Excerpt: ...ent action arising out of Plaintiff's employment with Defendant. Plaintiff has worked as a Sheriff Officer for over 25 years and is still currently employed. He was accused of harassment in 2016 by an employee and received a Letter of Reprimand (“LOR”) that was removed two years later. Plaintiff alleges he received assurances that the LOR would not adversely affect his career, but the LOR has prevented him from promoting. Plaintiff alleges he...

Excerpt: ...up, LLC dba Residence Inn by Marriot Chico; Starwood Capital Group Global 1, LLC; and Marriott International, Inc. Plaintiffs field a First Amended Complaint on September 21, 2020, identifying, among others, Unicontrol as defendant Doe No. 6. (ROA 146.) Plaintiffs' action arises from their stay at the Residence Inn by Marriott in Chico on the night of July 26, 2017. Plaintiffs allege they were exposed to carbon monoxide due to one or more of thre...

Excerpt: ...r Judicial Notice of the First Amended Complaint is GRANTED. BACKGROUND According to Plaintiff's First Amended Complaint (“FAC”), in October 2018, the parties entered into a written commercial lease (“Lease”) whereby Plaintiff would lease to Defendant certain retail space (“the Premises”) in the Crocker Village Shopping Center in Sacramento for the operation of a pizza business. The Lease also included the construction of the Premises...

Excerpt: ...3 6th Street, Sacramento, California 95814. Defendants shall notify Plaintiff immediately. Plaintiff filed the Complaint for professional negligence on September 22, 2021. Generally, the Complaint alleges Defendants performed services for Plaintiff between 2010 and 2020 and he has now been damaged via tax penalties and audits because Defendants breached the standard of care for accountants. Defendants demur to the first and only cause of action f...

Excerpt: ...ion Plaintiff alleges causes of action against Defendant in its first amended complaint (“FAC”) for breach of contract, misappropriation of trade secrets and “larceny” in connection with allegations that Defendant, an engineer formerly employed by Plaintiff, went to work for Alpha Elevator Control, Inc. (“Alpha”) a direct competitor. Plaintiff alleges Defendant downloaded and copied nearly 26,000 files from its computers to his person...

Excerpt: ...ant to CCP § 170.1(a)(6)(A)(i) on March 25, 2022. In this action Plaintiff alleges causes of action against Defendants for misappropriation of trade secrets, breach of contract, breach of fiduciary duty, conversion, “larceny,” unfair competition, and tortious interference with contractual relations. The Court must note that the first amended complaint (“FAC”) referred to by the parties does not yet appear in the Court's file, only the or...

Excerpt: ...service on December 17, 2021. Default was entered on January 4, 2022. Default judgment was entered on January 24, 2022. Defendant now moves for mandatory relief due to attorney mistake pursuant to CCP §473(b). In support of the motion, Defendant's counsel, Stephen Lopez states: “2. On or about December 20, 2021, I was informed by my client that they had been served with the complaint in the above‐captioned matter. I immediately prepared an a...

Excerpt: ...n for determination of good faith settlement is ruled upon as follows. The Court, in its discretion, has considered the oppositions filed by Plaintiff and the Settling Cross‐Defendants, which were filed one day late on March 24, 2022. BTA does not argue that it has been prejudiced by the delay, and the Court finds no such prejudice. BTA filed a timely reply to both oppositions. Background The following procedural and factual background is relev...

Excerpt: ...'s (“Plaintiff”) motion to compel certain deponents to answer deposition questions is GRANTED as follows. Background This is an employment law case, in which Plaintiff alleges, inter alia, that he has been subjected to discrimination and retaliation by his employer California Department of Corrections and Rehabilitation. In September 2021, Plaintiff's counsel noticed several depositions, including those of Michael Arca, Kashif Ali, Michael Fe...

Excerpt: ...of the fact that Employer's demurrer has been sustained with leave to amend. The Court sustained Employer's demurrer to Plaintiff's original complaint with leave to amend. (ROA 18.) Plaintiff filed a FAC on October 29, 2021. (ROA 20.) Factual Allegations On or about October 2017, Plaintiff was hired to work for Employer and ultimately worked as a Licensed Broker Service Representative. (FAC ¶ 10.) On or about June 2020, Plaintiff had a high‐ri...

Excerpt: ...unsel is unable to contact opposing counsel prior to the hearing, Defendant's 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 the procedures set forth in Local Rule 1.06(B). Defendant's demurrer to Plaintiff Mohammad Reza Safirian's Complaint is SUSTAINED with leave to amend. This action arises out of a commercial lease ag...

Excerpt: ...ions, to Hindy's Special Interrogatories, Set One, Nos. 12, 15, 18, 21, 24, 27, 30, 33, 36, 39, and 42 is ruled upon as follows. On February 3, 2021, Defendants filed their Cross‐Complaint. On October 22, 2021, Hindy served Defendants with Set one of their Special Interrogatories, Form Interrogatories, Request for Admissions, Request for Production of Documents, and Declarations in support of additional Special Interrogatories and Requests for ...

Excerpt: ...st, defendant will be referred to as “Porter Trustee.” Porter and Porter Trustee will be referred to collectively herein as “Defendants.” Factual and Procedural Background This action arises out of a dispute between plaintiffs McMillan Storage, LLC (the “LLC”), an Idaho limited liability company, and Marvin Remmich, as Trustee of the 2004 Marvin A. Remmich and Susan P. Remmich Community Property Trust U/D/T Dated September 2, 2004 (�...

Excerpt: ...lation of various Labor Codes, including failure to provide rest and meal breaks, unpaid wages, and failure to provide accurate wage statements (Labor Code §226.) The complaint asserts a single PAGA cause of action. Defendants move to strike the following allegations regarding wage statements (“Wage Statement Allegations”): ∙ “Page 7, lines 21‐24: Wage Statements. Additionally, Defendants failed to provide wage statements in compliance...

Excerpt: ... 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. FACTS: Plaintiff's Amended Complaint (“FAC”) asserts causes of action for (1) failure to compensate for productive time, nonproductive time, and rest and recovery periods, (2) failure to pay full wages when due, (3) violations of California record keeping provisions, (4) failure to provide me...

Excerpt: ...et for hearing in December 2021 but was continued to this date by the Court, which now rules as follows. *** If oral argument is requested, the parties must at the time oral argument is requested notify the clerk and opposing counsel of the specific issues identified below 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. *** The notice...

Excerpt: ...ed at the hearing. The parties are also reminded that pursuant to local rules, only limited oral argument is permitted on law and motion matters. *** 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 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 ...

Excerpt: ...Rules, only limited oral argument is permitted on law and motion matters. *** Plaintiff's notice of motion again does not provide notice of the Court's tentative ruling system as required by Local Rule 1.06. Moving counsel is directed to contact opposing counsel and advise him/her of the correct department for the hearing of this motion, the correct address for Dept. 53/54, Local Rule 1.06 and the Court's tentative ruling procedure and the manner...