Excerpt: ...the defendant. Plaintiffs dismissed PWS on May 19, 2020. (ROA 11.) Plaintiffs thereafter named Jerome F. Lipp, JFL LLC, and Re ReduX LLC as Does 1‐3, respectively. (ROAs 14, 16, 19.) In their Judicial Council Form complaint, Plaintiffs allege that Does 1‐3 “were the agents or employees of other named defendants and acted within the scope of that agency or employment.” (Complaint, ¶ 6a.) Plaintiffs allege that a fire broke out at the reta...

Excerpt: ...fendant Corrosion Materials, Inc.'s (“CMI”) demurrer to Plaintiff Hogan Mfg. Inc.'s (“Plaintiff”) third amended complaint (“TAC”) is ruled upon as follows. Background & Allegations in the TAC This is a contract dispute. In the operative TAC, Plaintiff alleges that CMI approached Plaintiff in September of 2016 with a proposal in which Plaintiff would process sheet metal provided by CMI into “Top Skins,” which CMI would then sell to...

Excerpt: ... 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; Steed v. Department of Consumer Affairs (2012) 204 Cal.App.4th 112, 120‐121.) This is Defendants' second challenge the Plaintiffs' operative complaint. On March 15, 2022, this Court sustained Defendants' demurrer to Plaintiffs' initial complaint on...

Excerpt: ... within 48 hours of receipt. 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 the self‐represented party need not request oral argument. The Litigation Coordinator shall make the self‐represented party available, by Zoom telephonically, at 9:00 a.m. on the date of the continued hearing date, which will be 10/5/2022, to pa...

Excerpt: ... 5, 2019, Plaintiff entered into a California Residential Purchase Agreement to purchase the Subject Property from sellers Mark and Lisa Voiselle. Defendant Valary L. Jennings (“Jennings”) was the sales agent for the sellers and acted under the direct supervision of her broker, Purplebricks, Inc., aka Purplebricks Realty, Inc. (“Purplebricks Realty”). Plaintiff alleges that Jennings performed a visual inspection of the Subject Property on...

Excerpt: ...r: (1) failure to pay overtime; (2) failure to pay minimum wage; (3) failure to timely pay wages during employment; (4) inaccurate wage statement penalties; (5) failure to reimburse work‐related expenses; (6) waiting‐time penalties. Plaintiff also has a PAGA cause of action wherein he seeks to recover PAGA penalties on behalf of himself, the State of California, and all current and former aggrieved employees. (Compl., ¶ 31.) After applying f...

Excerpt: ... ordered to notify MCM immediately of the tentative ruling system and the manner to request a hearing. If Lombardi is unable to contact MCM prior to hearing, Lombardi is ordered to appear at the hearing. Lombardi has also indicated the incorrect address in the notice of motion. The correct address for Department 54 of the Sacramento County Superior Court is 813 6th Street, Sacramento, California 95814. Lombardi seeks to strike the MOC filed by MC...

Excerpt: ... Production of Documents, and Special Interrogatories is ruled upon as follows. This motion seeks multiple forms of relief regarding four separate forms of written discovery (requests for admissions, form interrogatories, special interrogatories, and requests for production), 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, Defendant filed a si...

Excerpt: ...ling system and the manner to request a hearing. If Dr. McGraw is unable to contact Plaintiff prior to hearing, Dr. McGraw is ordered to appear at the hearing. This is a medical malpractice action arising out of the care and treatment of plaintiff Jack Kellum (“Plaintiff”) during 2018 and 2019 by Dr. McGraw. Plaintiff filed his original Complaint on January 26, 2021, and the operative First Amended Complaint on March 10, 2021. The First Amend...

Excerpt: ...an L. Porter Revocable Trust, 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 D...

Excerpt: .../www.saccourt.ca.gov/court‐reporters/docs/crtrp‐6a.pdf. Parties may contact Court‐Approved Official Reporters Pro Tempore by utilizing the list of Court Approved Official Reporters Pro Tempore available at https://www.saccourt.ca.gov/court‐reporters/docs/crtrp‐13.Pdf A Stipulation and Appointment of Official Reporter Pro Tempore (CV/E‐206) is required to be signed by each party, the private court reporter, and the Judge prior to the h...

Excerpt: ...le on the Sacramento Superior Court website at https://www.saccourt.ca.gov/court‐reporters/docs/crtrp‐6a.pdf. Parties may contact Court‐Approved Official Reporters Pro Tempore by utilizing the list of Court Approved Official Reporters Pro Tempore available at https://www.saccourt.ca.gov/court‐reporters/docs/crtrp‐13.Pdf A Stipulation and Appointment of Official Reporter Pro Tempore (CV/E‐206) is required to be signed by each party, th...

Excerpt: ...epresentative action involving various claims for violations of the Labor Code. On April 28, 2022, this Court granted Plaintiff's motion for preliminary approval of the settlement Plaintiff now moves for final approval of the settlement. Courts review class action settlements in a two‐step process: (1) an earlier conditional review by the court; and (2) a later detailed review after the period during which notice is distributed to class members...

Excerpt: ...of Folsom and County of Sacramento. However, per a stipulation between Petitioner and County of Sacramento filed with the Court, Petitioner is no longer pursuing claims against County of Sacramento, and thus the petition with respect to that entity is moot and shall proceed against City of Folsom only. (ROA 15.) Thus, the petition with respect to County of Sacramento is DROPPED. The remainder of this ruling will address the petition with respect ...

Excerpt: ... a total of nine causes of action stemming from allegations that Defendant discriminated and retaliated against him due to his disability. Plaintiff has worked for Defendant as a plastic surgeon since approximately 2010, received positive reviews, and was on track for a full tenured professorship. As of 2018, Plaintiff worked out of an office in a newly constructed building called North Addition located on UC's campus in midtown Sacramento. The o...

Excerpt: ...e 2017, Stonebarger served as the CEO of CB1 Labs, Inc., a company providing administrative services to cannabis companies. (Stonebarger Decl. ¶ 5.) At one point around 2017‐2018, Stonebarger met Rodriguez ‐ a broker ‐ and helped him draft the Operating Agreement for Pure Investments, LLC. (Stonebarger Decl. ¶ 9; Rodriguez Decl. ¶¶ 6‐9, Ex. A.) At another time in 2018, Crystal Matter, an attorney who had worked on legal matters for St...

Excerpt: ...nt and an accompanying motion to strike. CONTENTIONS 1. Moving Papers Defendant only demurs to the Fifth Cause of Action for “Fraudulent InducementConcealment.” Defendant raises three grounds. First, Defendant argues that the cause of action is barred by the three‐year statute of limitations under Code of Civil Procedure section 338 because the fraud occurred on the date of the purchase on July 11, 2017, but Plaintiff did not file the actio...

Excerpt: ...emurs to the Fifth Cause of Action for “Fraudulent InducementConcealment.” Defendant raises two grounds: (1) the cause of action fails to state facts sufficient to establish fraud, and (2) it is barred by the economic loss rule. First, citing Tarmann v. State Farm Mut. Auto Ins. Co. (1991) 2 Cal.App.4th 153, 157, Defendant argues that facts supporting a claim of fraud must be pled specifically, but Plaintiff has only alleged them in a conclus...

Excerpt: ...ce of the Court's tentative ruling system as required by Local Rule 1.06(D). Plaintiff is ordered to notify Defendant immediately of the tentative ruling system and the manner to request a hearing. If Plaintiff is unable to contact Defendant prior to hearing, Plaintiff is ordered to appear at the hearing. On July 6, 2022, this Court granted defendant the Regents of the University of California's (“Defendant”) Ex Parte Application to dismiss t...

Excerpt: ...her response to Plaintiff's Requests for Production, Set Three, number 23. (ROA 48.) Request number 23 seeks “[a]ny and all cell phone records including, but not limited to, phone calls or text messages within thirty minutes prior and thirty minutes subsequent to the INCIDENT.” The Court, in its June 21, 2022, Order stated in relevant part: “First, the Court is not persuaded Defendant has met her burden to establish the request implicates a...

Excerpt: ... 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 telephone. The notice of motion provides the incorrect address of Department 54. The correct address...

Excerpt: ...ific evidence which is claimed to show the existence or nonexistence of a triable issue of material fact. *** Defendant 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. Defendant's counsel shall notify Plaintiffs' counsel of the correct address immediately. Defendant Gregory Herrera, M.D. moves for summary jud...

Excerpt: ...tion of the motion herein, the Court must still hold a hearing on the motion as it may involve the receipt of evidence or an appearance by a Class Member. Although the Court anticipates that no party will request oral argument, and while no Class Member indicated any intent to appear at the hearing, this does not relieve the parties from appearing at the hearing or otherwise render the instant ruling final in the event oral argument is not reques...

Excerpt: ... On January 27, 2022, the Court granted Plaintiff's unopposed motion to deem matters admitted. (ROA 15.) Plaintiff now moves for judgment on the pleadings based on these admissions. Specifically, that Defendant admits she applied for a credit card account with Plaintiff, she received the Customer Agreement when she received the credit card, the Customer Agreement provided that by using the credit card she agreed to bound by the terms therein, she...

Excerpt: ... an undivided 50% interest in the property as joint tenants. Plaintiff contends Defendant has refused to allow her to access the property, she is unable to continue paying the mortgage and related expenses, and the home will foreclose if she does not pay. Thus, she wishes to sell the property. Plaintiff now seeks an interlocutory judgment of partition and sale pursuant to CCP §§ 872.210 and 872.710. Plaintiff proposes that Kevin Singer be appoi...