Excerpt: ... disclosures as required by Code of Civ. Proc. § 1281.9. Progressive contends it subsequently discovered conflicts that Mr. Laskin failed to disclose and that disqualify Mr. Laskin. Claimant contends Progressive has waived the right to disqualify Mr. Laskin because Progressive failed to serve a timely Notice of Disqualification, because Progressive knew about the purported conflicts before agreeing to Mr. Laskin, and that the purported conflicts...

Excerpt: ...ay support a claim for punitive damages if the attorneys themselves are guilty of oppression, fraud or malice. ( Ferguson v. Lieff, Cabraser, Heimann & Bernstein (2003) 30 Cal. 4th 1037, 1053, n. 3.) Plaintiff's second cause of action for breach of fiduciary duty and third cause of action for breach of the implied covenant of good faith and fair dealing include claims for punitive damages. Defendant seeks to strike these allegations on grounds th...

Excerpt: ...mas M. Witte (“Defendant”). Defendant opposes the motion on grounds it is procedurally defective in form, untimely, and lacks merit. The Court first addresses Defendant's argument that the motion is procedurally defective. Specifically, Defendant contends the discovery statutes do not permit a motion for a protective order to limit public disclosure of confidential information obtained through discovery. Defendant contends BANA should have in...

Excerpt: ...lows. Overview This is a personal injury (premises liability) action arising out of Plaintiff Irma Guzman's (“Guzman”) allegation that she was injured after slipping and falling on fresh/wet cement in a common area outside of her employer SEIU's third‐floor office space at 1401 21st Street, Sacramento, CA (the “Building”). Plaintiffs' Complaint alleges a premises liability cause of action against 1401 as the “owner[] . . . maintainer[...

Excerpt: ...nator shall provide the tentative ruling to Plaintiff within 48 hours of receiving it. The Litigation Coordinator shall make Plaintiff available, by COURTCALL, at 9:00 a.m. on August 25, 2020, to participate in oral argument. Oral argument on this matter was originally heard on 3/16/2020. The original tentative ruling overruled Defendant Alexander Asterlin's demurrer to pro per Plaintiff Shaun Smith's first amended complaint (“FAC”). Defendan...

Excerpt: ...xaminations of disability claimants under the Social Security Act. Plaintiff filed his Complaint on May 4, 2018, alleging causes of action for injunctive relief, alternative writ of mandate, declaratory relief, and damages for a breach of implied in fact contract against DSS. DSS demurred to the Complaint in June 2017. Plaintiff opposed the demurrer and filed an ex parte application for a temporary restraining order (“TRO”). The two matters w...

Excerpt: ... (“Coloma”) sold plaintiff the subject battery which is alleged to have been “manufactured and distributed by the LG Defendants,” with the latter term defined to include defendant LGC and defendant LG Chem America, Inc. (“LGCAI”). The complaint asserts various product liability claims, misrepresentation and statutory violations. Moving Papers. Defendant LGC moves to quash plaintiff's service of summons on the ground that latter cannot...

Excerpt: ...belatedly filed an opposition to this motion on 7/27/2020 but it was not considered. This is a personal injury action arising from an alleged defect in plaintiff's vehicle. According to the moving papers, the parties to this action mediated their dispute and entered into a written settlement agreement whereby defendant agreed to pay plaintiff a specified sum of money in exchange for a release of all claims and a dismissal of the action but plaint...

Excerpt: ...abuse/wrongful death action arises out of the decedent's eight‐day stay at a health facility, Mission Carmichael Healthcare Center, during which time she suffered a fecal impaction. Suit was commenced on 6/13/2019 against defendant SSC Carmichael Operating Company LP dba Mission Carmichael Healthcare Center (“SSC Carmichael”) and Does 1‐100. A month later and before the complaint was served, a First Amended Complaint (“1AC”) was filed...

Excerpt: ... along with the production of documents requested, is ruled upon as follows. *** If oral argument is requested, the parties must at the time oral argument is requested notify the clerk and the opposing party of the specific deposition(s) and/or document request(s) that will be addressed at the hearing. The parties are also reminded that pursuant to local rules, only limited oral argument is permitted on law and motion matters. *** Defendants' mem...

Excerpt: ...procedure, the hearing was simultaneously continued to 3/6/2020 to permit plaintiff to appear by telephone (despite his failure to file any opposition in advance of the 2/27/2020 hearing date). Prior to the continued hearing date of 3/6/2020, plaintiff filed on 3/2/2020 a peremptory challenge to Judge Krueger but because this peremptory challenge not filed until after the original 2/27/2020 hearing date on this demurrer, Judge Krueger previously ...

Excerpt: ... the following documents, which were filed in support of their motion for summary adjudication as to Plaintiffs' First Amended Complaint (on statute of limitations grounds) (“MSA”): ∙ Exhibit B‐ 1 to the Compendium of Evidence (“COE”) in support of Defendants' MSA (CB&T Statement of Accounts dated November 28, 2008, Bates Stamp Nos. CBT‐IMG OOO12384‐00012387); ∙ Exh. T‐462 to COE (Exh. 462 to the October 18, 2018 Deposition of...

Excerpt: ...is unopposed and grated. Evidentiary Objections The following evidentiary objections are overruled: ∙ Defendants' Evidentiary Objections to the Declaration of Ian W. Craig Nos. 4, 5, 7, 8, and 9; ∙ Defendants' Evidentiary Objections to the Declaration of Larry A. Carter Nos. 9 and 10 [with the exception of the last sentence: “The investigation into the Bank's wrongful conduct proceeded with due diligence, leading to the filing of this actio...

Excerpt: ...iving injections in his eyes. He alleges that a co‐defendant California Pharmacy and Compounding Center, Inc.'s (“CPCC”) compounded the injected drug‐‐ Bevacizumab‐‐and sold it to Vitreo, which administered the injections. Bevacizumab is an “off label use of Avastin.” According to Gelso, he received an injection from a syringe that CPCC supplied and that was contaminated with silicone. The contamination allegedly damaged his vis...

Excerpt: ...e was the only authorized user who could withdraw or otherwise access funds from the account. They allege that unauthorized, fraudulent withdrawals were made on the account, and that BBVA represented that it froze the account, yet unauthorized charges continued to accrue. BBVA determined that Shannon Stokes (“Stokes”), who lives near plaintiff Linde's home, was responsible for the charges. After investigation, BBVA credit certain amounts, but...

Excerpt: ...mpletely dependent on others for her survival. On April 21, 2017, Linda was admitted to Defendants' facility in the "Traditions Memory Care Program." Plaintiff alleges that Defendants' knew from its own assessment that Linda was at a high risk for falls, which required that she be assisted, supervised or monitored in a number of activities. Linda suffered 22 documented falls while at the facility. This matter was originally set for trial preferen...

Excerpt: ...sborn when their vehicle was struck by plaintiff Regina Wander. Ms. Wander was fleeing another hit and run at the time, and has since pled nolo contendre to felony manslaughter. On August 22, 2017, Plaintiffs Angela Osborn, Kenneth C. Osborn, Samantha Osborn, Elizabeth Osborn, and Lucy Stern Guevara (together, “Osborn Plaintiffs”) filed this action against Hyundai Defendants alleging that Mr. Osborn's vehicle was defective and caused their de...

Excerpt: ...lt, Plaintiff agreed to extend an additional $45,000 line of credit to Kura in exchange for the use of Kura's proprietary source code. Plaintiff alleges that defendant Doug Sumaraga, Kura's chief technology officer, intentionally provided the code in an encrypted format while still receiving the monetary benefit of the agreement. Plaintiff served Mr. Sumaraga with the complaint on October 18, 2019. On October 31, 2019, Plaintiff served Mr. Sumara...

Excerpt: ...nce. (Dudensing Decl. ¶2.) Ms. Dudensing provided a dismissal without prejudice to Popp Littrell's counsel in June 2018. (Id. ¶6, Ex. 1.) In exchange, Ms. Dudensing attests that Popp Littrell's counsel agreed to take its motion to dismiss off of calendar. (Id. ¶3.) However, the motion remained on calendar and, purportedly unaware it remained on calendar, Plaintiff did not oppose the motion. The Court granted the unopposed motion to dismiss on ...

Excerpt: ...en CARB failed to produce the requested records immediately, Mahan filed the present action seeking a writ of mandate commanding CARB to comply with his request. The Court has issued numerous orders over the long course of this case, and it does not repeat their contents here. It issued what turned out to be the final order on February 27, 2020. Mahan states in the current motion that he does not intend to further pursue this action. Instead, now...

Excerpt: ...erica, LLC (“Defendant”). Plaintiffs allege that the Vehicle exhibited substantial engine defects and that Defendant refused to replace or repurchase the Vehicle. Plaintiffs filed this action on September 18, 2019. On October 12, 2019, Defendant's counsel requested an informal production of documents from Plaintiffs' counsel, which Plaintiffs then produced. The parties engaged in settlement discussions and a settlement release was signed by t...

Excerpt: ... 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 Plaintiff Clark available to participate in oral argument by CourtCall at 9:00 a.m. on the date of the continued hearing date, which will be 7/29/2020. T...

Excerpt: ...er employer. The complaint alleges that plaintiff was originally hired as a manager in 1994, later being promoted to district manager before obtaining title of Chief Operating Officer. The complaint states that plaintiff's employment was terminated in August 2019 and proceeds to assert various causes of action under the Fair Employment & Housing Act (“FEHA”) and the California Family Rights Act (“CFRA”), as well as a common law claim for ...

Excerpt: ...ct 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. The notice of motion does not comply with Code of Civil Procedure §2023.040, stating that a discovery motion which seeks sanctions shall “identify every person, party, and attorney ag...

Excerpt: ...Kang, LLC's subpoenas seeking medical records, billing records and films from not only Sutter General Hospital but also Greenhaven Family Medicine is ruled on as follows. Moving counsel failed to comply with CRC Rule 3.1345(a)(5), requiring a separate statement to be filed in support of this motion to quash defendant's deposition subpoenas. Background This is an elder abuse action arising from the decedent Christine Patton's short stay at Laguna ...

Excerpt: ...Harrison and Gary Harrison, allege causes of action for: 1) failure to provide habitable dwelling, 2) breach of covenant and right to quiet enjoyment and possession of the property, 3) nuisance, 4) negligence, 5) violation of Civil Code (“CC”) section 1942.4, 6) violation of CC section 1942.5, and 7) wrongful retention of security deposit. The Complaint is premised upon Plaintiffs' allegations there were substandard living conditions at a par...

Excerpt: ...to‐ bumper warranty and a 5‐year/60,000 miles powertrain warranty, which covers the engine and transmission. The warranty provided, in relevant part, that in the event a defect developed with the Vehicle during the warranty period, Plaintiffs could deliver the Vehicle for repair services to Defendant's representative and the Vehicle would be repaired. Plaintiffs allege that during a warranty period (though unspecified which warranty period), ...

Excerpt: .... If Defendant's counsel is unable to contact Plaintiff's counsel prior to the hearing, Defendant's counsel shall be available at the hearing, in person or by telephone, in the event Plaintiff's counsel appears without following the procedures set forth in Local Rule 1.06 (B). Defendant's motion to compel arbitration and to stay proceedings is DENIED. Evidentiary Objections The Court need not rule on Defendant's Objections to the Declaration of S...

Excerpt: ...ailure to take all reasonable steps to prevent retaliation, wrongful termination in violation of public policy, and defamation. Plaintiff alleges she was hired by “Morningstar” in April 2013 and that her employment was terminated on October 17, 2018. (Compl. ¶¶ 6‐8.) Tara Lopez, who handles human resources matters for “The Morning Star entities” declares that Plaintiff “began employment with The Morning Star Company in April 2013[,]...

Excerpt: ...cility (“SPA”). Defendants argue the Decedent signed an arbitration agreement on February 27, 2019, following his February 22, 2019 admission to SPA, and that said arbitration agreement provides for arbitration of the dispute, which is the subject of this action. Plaintiffs oppose the petition responding, inter alia, that the Decedent's signature on the arbitration agreement was obtained by fraud and misrepresentation. Specifically, Plaintiff...

Excerpt: ...lleges that she worked for Defendants as a dental hygienist from 2008 to September 2019. Defendants petition the court for an order: (1) compelling Plaintiff to submit her individual claims to binding arbitration and (2) staying all civil court proceedings, including but not limited to Plaintiff's request for penalties under PAGA, until arbitration is completed. Defendants move to compel arbitration pursuant to two arbitration provisions. The fir...

Excerpt: ...A”) for failure to: (1) pay overtime, (2) provide meal periods, (3) provide rest periods, (4) pay minimum wages, (5) timely pay wages upon termination, (6) timely pay wages during employment, (7) provide complete and accurate wage statements, (7) keep complete and accurate payroll records, and (8) reimburse necessary business expenses and costs. Plaintiff Alicia Luna asserts a single PAGA cause of action. Plaintiff alleges that Defendants emplo...

Excerpt: ...undai America Technical Center, Inc. (“HATCI”), and Hyundai of Roseville, LLC (“HOR”) (collectively the “Defendants”) compliance with the court's 2/19/2020 Order (ROA 284) is ruled upon as follows. Plaintiffs failed to comply with CRC Rule 3.1110(f)(3) which requires that each paper exhibit must be separated by a hard 8 ½” x 11” sheet with hard paper or plastic tabs extending below the bottom of the page, bearing the exhibit desi...

Excerpt: ...laintiff”) First Amended Complaint is OVERRULED. Plaintiff's request for judicial notice is unopposed and is GRANTED. Overview Plaintiff is a company that provides a variety of energy saving LED lamps, fixtures, and lighting support. In May 2017, the director of the California Conservation Corps, Bill McNamara, recommended Barbara Waldron and her company, Plaintiff, to apply for a project in which Plaintiff would retrofit the lighting in Califo...

Excerpt: ...s of action and/or issues that will be addressed at the hearing. The parties are also reminded that pursuant to local court rules, only limited oral argument is permitted on law and motion matters. *** Defendants' Request for Judicial Notice is unopposed and is granted. The Court notes, however, that in taking judicial notice of these documents, the Court accepts the fact of their existence but not the truth of their contents, except as to the Oc...

Excerpt: ...olding Company, Inc. and Harry Mamizuka (together, "Defendant") failed to accurately calculate overtime wages, failed to provide accurate itemized statements, failed to pay waiting time penalties, and violated the Unfair Competition Law ("UCL"), Bus. & Prof. Code § 17200. Plaintiffs further allege that Defendant is liable for civil penalties under the Private Attorneys General Act ("PAGA"). The Court signed the order granting Plaintiffs' motion ...

Excerpt: ...d Complaint (“1AC”) asserts in pertinent part that this action is “brought on behalf of Plaintiff and other California non‐exempt employees who currently work or formerly worked for Il Fornaio (America) Corporation, a Delaware corporation,…within the State of California” and who were denied rest breaks, accurate wage statements and timely payment of final wages. (1AC, ¶¶1‐2.) Plaintiff propounded special interrogatories and interr...

Excerpt: ... opposing counsel of the causes of action that will be addressed at the hearing. The parties are also reminded that pursuant to local court rules, only limited oral argument is permitted on law and motion matters. *** Defendants' request for judicial notice is granted. Overview This is an action for Inverse Condemnation against DFW alone, for Violation of 42 USC §1983 against Bartlett alone, and for Violation of Administrative Practices Act of C...

Excerpt: ...r of Tran's evidentiary objections since the subject evidence is immaterial to disposition of the motion. (See Code of Civ. Proc., § 437c, subd. (q).) Background This action arises out of a July 2015 Buy‐Sell Agreement (“Agreement”), in which Plaintiff Vector Fabrication, Inc. (“Vector”) agreed to sell 20% of its membership shares in Little Saigon Plaza Sacramento, LLC (“Little Saigon”) to Tran for $2.4 million. Tran paid $1.2 mill...

Excerpt: ...tion is sought, whether separately or as an alternative to the motion for summary judgment, the specific cause[s] of action . . . must be stated specifically in the notice of motion and be repeated, verbatim, in the separate statement of undisputed material facts.” As explained in the Cal. Practice Guide: Civil Procedure Before Trial: “When multiple causes of action . . . are presented for summary adjudication in one motion, each cause of act...

Excerpt: ...ardt's (“Plaintiff”) counsel forthwith and to advise counsel of Local Rule 1.06 and the Court's tentative ruling procedure. If Golden 1's counsel is unable to contact Plaintiff's counsel prior to the hearing, Golden 1's counsel shall be available at the hearing, in person or by telephone, in the event Plaintiff's counsel appears without following the procedures set forth in Local Rule 1.06(B). Factual & Procedural Background This putative cla...

Excerpt: ...s requested notify the clerk and opposing counsel of the specific discovery requests that will be addressed at the hearing. Counsel are also reminded that pursuant to local court rules, only limited oral argument is permitted on law and motion matters. *** Plaintiff's motion to compel further responses to request for production of documents (set one) and to compel compliance with responses is ruled upon as follows. This is a Lemon Law action aris...

Excerpt: ...0 Minute Order requiring the moving party not only to serve an amended notice of motion by no more than 10 calendar days after the date of that order but also to file the amended notice of motion with attached proof of service no less than 10 calendar days before the new hearing date. If the moving party provides before or at the hearing evidence that the amended notice was timely served, the following will become the tentative ruling of the Cour...

Excerpt: ...emurrer to Plaintiff Once source LED Lighting, LLC's (“Plaintiff”) First Amended Complaint is OVERRULED. Plaintiff's request for judicial notice is unopposed and is GRANTED. Overview Plaintiff is a company that provides a variety of energy saving LED lamps, fixtures, and lighting support. In May 2017, the director of the California Conservation Corps, Bill McNamara, recommended Barbara Waldron and her company, Plaintiff, to apply for a projec...

Excerpt: ... the request which of moving defendant's 40 Undisputed Material Facts and/or 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. *** Defendant Whitney Masonry's motion for summary judgment on plaintiff's complaint is ruled upon as follows. The notice of motion does not comply w...

Excerpt: ...damage, including the loss of their investment. The Complaint alleges causes of action for: 1) breach of contract, 2) breach of the covenant of good faith and fair dealing, 3) promissory estoppel, 4) fraud, 5) unfair business practices, 6) unjust enrichment, 7) money paid, 8) partnership dissolution, 9) accounting, and 10) conspiracy to defraud. Plaintiffs allege Rafael introduced them to codefendant Alexander Echeverria around June 2, 2018, “w...

Excerpt: ...int to specific evidence which is claimed to show the existence or non‐existence of a triable issue of material fact. *** Defendants Sacramento County, Sacramento County Sheriff's Department, Scott Jones, T. Mickelson and Philip Henderson (“Henderson”) (collectively “Defendants”) motion for summary judgment, or in the alternative, summary adjudication is ruled upon as follows. I. Overview This is a personal injury action. Pro per Plaint...

Excerpt: ...s would be futile, thus, the Court will consider the merits of the demurrer. Overview In November 2004, Plaintiff purchased residential real property (the “Property”) by obtaining a loan from Countrywide Home Loans, Inc. (which is now BANA) for $336,000 secured by a Deed of Trust (“DOT”). (SAC, ¶14.) She alleges that the Promissory Note (“Note”) provided to her did not include any endorsements or allonges. (Id.) In September 2009, sh...

Excerpt: ... action. M.B. is the minor son of former state prisoner, decedent Milton Beverly, Jr. (“Decedent”). M.B. alleges that Decedent was a prisoner and transferred to CSP‐ Sacramento on 6/2/2016. On 11/24/2016, Decedent committed suicide while in custody at CSP‐Sacramento. CDCR demurs on the ground that it is statutorily immune and failure to plead sufficient facts. The crux of M.B.'s action is that CDCR failed to summon medical care despite CD...

Excerpt: ...efendant was negligent in Decedent's medical care and treatment surrounding the pulmonary embolization procedure she underwent on October 25, 2016. Evidentiary Objections Plaintiffs' evidentiary objection No.1 to Decedent's partial medical records is overruled. Although the records filed with the original motion did not include a custodian of records declaration, Defendant served with its reply the same records authenticated by the custodian of r...

Excerpt: ...laintiff requests civil penalties pursuant to Labor Code §2698 et. seq. The Court has previously denied Defendant's motion for judgment on the pleadings and motion for reconsideration of the motion for judgment on the pleadings. Judge LaPorte (Ret.) heard these two prior matters. Defendant now moves to strike: • Heading for First Cause of Action, page 4, line 13: “Violation of Labor Code § 2698, ET SEQ.” • Prayer for Relief, page 5, lin...

Excerpt: ...efforts, and to file a joint statement. The parties' joint statement indicated that the parties had resolved the discovery dispute. Therefore, the court dropped the motion as moot. Plaintiff now moves to compel Defendant “to produce properly, completely, and promptly all documents required for compliance with Defendant's sworn responses to Plaintiff's Request for Production of Documents, Set Two and Set Three, compliance with Defendant's Novemb...

Excerpt: ...era (“Plaintiff”) while both were traveling on Interstate 80. As a result of the collision, Plaintiff alleges various claims against Defendants, including numerous physical and psychological injuries. As to the latter, Plaintiff's responses to Form Interrogatories identifies the psychological injuries as including emotional distress, anxiety, memory loss and depression. Plaintiff identified Dr. John Boyle as his treating physician. Plaintiff ...

Excerpt: ...ts were instructed they would need to notify the court and opposing counsel if they wanted to request a hearing for the future date. No additional documents were filed prior to the 3/27 hearing. This matter was then continued by the Court to 6/16 due to the Court's closure. On 5/6, defendant Mariama Jones Senescal filed a declaration, which the Court has considered. The Court now rules as follows. Plaintiff Patelco Credit Union's (“Plaintiff”...

Excerpt: ...dant Peter Rittling's (“Rittling”) demurrer to pro per Plaintiff Rebecca Wu's first amended complaint (“FAC”) is UNOPPOSED and is ruled upon as follows. This is the third legal action filed by Plaintiff relative to her employment as a substitute teacher for the Twin Rivers Unified School District (“District”). The FAC is rambling and difficult to follow, with over 200 paragraphs and 52 “causes of action.” The FAC references a lita...

Excerpt: ...Program”). (SAC, ¶7.) He provided Defendant with tuition in exchange. (Id.) Plaintiff alleges that as part of its “promised” teaching credential program, Defendant promised Plaintiff an immersive teaching experience through its year‐long internship credential program. (Id., ¶8.) In 2015, he enrolled in three courses within the Program. He was to complete a full semester teaching in the Sacramento City Unified School District (“SCUSD�...

Excerpt: ...Rule 1.06(B), any party requesting oral argument on any matter on this calendar must comply with the following procedure. To request oral argument, you must call the Department 54 clerk at (916) 874‐ 7848 and opposing party by 4:00 p.m. the court day before the hearing. At the time of requesting oral argument, the requesting party shall leave a voice mail message to advise the clerk that it has notified the opposing party of the following: a) i...

Excerpt: ...1.06(B), any party requesting oral argument on any matter on this calendar must comply with the following procedure. To request oral argument, you must call the Department 54 clerk at (916) 874‐ 7848 and opposing party by 4:00 p.m. the court day before the hearing. At the time of requesting oral argument, the requesting party shall leave a voice mail message to advise the clerk that it has notified the opposing party of the following: a) its in...

Excerpt: ... 1.06(B), any party requesting oral argument on any matter on this calendar must comply with the following procedure. To request oral argument, you must call the Department 54 clerk at (916) 874‐ 7848 and opposing party by 4:00 p.m. the court day before the hearing. At the time of requesting oral argument, the requesting party must advise the clerk that it has notified the opposing party of the following: (a) its intention to appear and (b) tha...

Excerpt: ..., any party requesting oral argument on any matter on this calendar must comply with the following procedure. To request oral argument, you must call the Department 54 clerk at (916) 874‐7848 and opposing party by 4:00 p.m. the court day before the hearing. At the time of requesting oral argument, the requesting party must advise the clerk that it has notified the opposing party of the following: (a) its intention to appear and (b) that opposin...

Excerpt: ... 1.06(B), any party requesting oral argument on any matter on this calendar must comply with the following procedure. To request oral argument, you must call the Department 54 clerk at (916) 874‐ 7848 and opposing party by 4:00 p.m. the court day before the hearing. At the time of requesting oral argument, the requesting party shall leave a voice mail message to advise the clerk that it has notified the opposing party of the following: a) its i...

Excerpt: ...y party requesting oral argument on any matter on this calendar must comply with the following procedure. To request oral argument, you must call the Department 54 clerk at (916) 874‐ 7848 and opposing party by 4:00 p.m. the court day before the hearing. At the time of requesting oral argument, the requesting party shall leave a voice mail message to advise the clerk that it has notified the opposing party of the following: a) its intention to ...

Excerpt: ...y party requesting oral argument on any matter on this calendar must comply with the following procedure. To request oral argument, you must call the Department 54 clerk at (916) 874‐ 7848 and opposing party by 4:00 p.m. the court day before the hearing. At the time of requesting oral argument, the requesting party shall leave a voice mail message to advise the clerk that it has notified the opposing party of the following: a) its intention to ...

Excerpt: ...nt with Local Rule 1.06(B), any party requesting oral argument on any matter on this calendar must comply with the following procedure. To request oral argument, you must call the Department 54 clerk at (916) 874‐ 7848 and opposing party by 4:00 p.m. the court day before the hearing. At the time of requesting oral argument, the requesting party shall leave a voice mail message to advise the clerk that it has notified the opposing party of the f...

Excerpt: ...RANCE REQUIRED” MATTERS. INDIGENT LITIGANTS MAY CONTACT THE DEPARTMENT CLERK IN DEPT. 54 BY 4:00 P.M. ON THE COURT DAY BEFORE THE HEARING TO ARRANGE FOR A CALL‐IN APPEARANCE. ANY QUESTIONS OR CONCERNS REGARDING COURT CALL OR A CALL‐IN APPEARANCE SHOULD BE DIRECTED TO THE CLERK IN DEPT. 54 BY 4:00 P.M. ON THE COURT DAY BEFORE THE HEARING. Defendant Geico Insurance Co.'s motion for terminating sanctions, or in the alternative, evidentiary and...

Excerpt: ...RANCE REQUIRED” MATTERS. INDIGENT LITIGANTS MAY CONTACT THE DEPARTMENT CLERK IN DEPT. 54 BY 4:00 P.M. ON THE COURT DAY BEFORE THE HEARING TO ARRANGE FOR A CALL‐IN APPEARANCE. ANY QUESTIONS OR CONCERNS REGARDING COURT CALL OR A CALL‐IN APPEARANCE SHOULD BE DIRECTED TO THE CLERK IN DEPT. 54 BY 4:00 P.M. ON THE COURT DAY BEFORE THE HEARING. The preliminary injunction is DENIED. The TRO is VACATED. The OSC is DISCHARGED. Overview In this action...

Excerpt: ...TO “APPEARANCE REQUIRED” MATTERS. INDIGENT LITIGANTS MAY CONTACT THE DEPARTMENT CLERK IN DEPT. 54 BY 4:00 P.M. ON THE COURT DAY BEFORE THE HEARING TO ARRANGE FOR A CALL‐IN APPEARANCE. ANY QUESTIONS OR CONCERNS REGARDING COURT CALL OR A CALL‐IN APPEARANCE SHOULD BE DIRECTED TO THE CLERK IN DEPT. 54 BY 4:00 P.M. ON THE COURT DAY BEFORE THE HEARING. Defendants Trainor Fairbrook and Jennifer L. Pruski's (“Attorney Defendants”) Special Mot...

Excerpt: ...NCE REQUIRED” MATTERS. INDIGENT LITIGANTS MAY CONTACT THE DEPARTMENT CLERK IN DEPT. 54 BY 4:00 P.M. ON THE COURT DAY BEFORE THE HEARING TO ARRANGE FOR A CALL‐IN APPEARANCE. ANY QUESTIONS OR CONCERNS REGARDING COURT CALL OR A CALL‐IN APPEARANCE SHOULD BE DIRECTED TO THE CLERK IN DEPT. 54 BY 4:00 P.M. ON THE COURT DAY BEFORE THE HEARING. Defendant California Department of Transportation's (“Caltrans”) Motion to Set Aside Default is GRANTE...

Excerpt: ...��APPEARANCE REQUIRED” MATTERS. INDIGENT LITIGANTS MAY CONTACT THE DEPARTMENT CLERK IN DEPT. 54 BY 4:00 P.M. ON THE COURT DAY BEFORE THE HEARING TO ARRANGE FOR A CALL‐IN APPEARANCE. ANY QUESTIONS OR CONCERNS REGARDING COURT CALL OR A CALL‐IN APPEARANCE SHOULD BE DIRECTED TO THE CLERK IN DEPT. 54 BY 4:00 P.M. ON THE COURT DAY BEFORE THE HEARING. Plaintiff Sarah L. Dayaoun's Motion to Compel Further Responses to Interrogatories is DENIED. Pla...

Excerpt: ... TO “APPEARANCE REQUIRED” MATTERS. INDIGENT LITIGANTS MAY CONTACT THE DEPARTMENT CLERK IN DEPT. 54 BY 4:00 P.M. ON THE COURT DAY BEFORE THE HEARING TO ARRANGE FOR A CALL‐IN APPEARANCE. ANY QUESTIONS OR CONCERNS REGARDING COURT CALL OR A CALL‐IN APPEARANCE SHOULD BE DIRECTED TO THE CLERK IN DEPT. 54 BY 4:00 P.M. ON THE COURT DAY BEFORE THE HEARING. Defendant John Stewart Company's Special Demurrer to Plaintiff Jason Wong, as an aggrieved e...

Excerpt: ... WILL ALSO APPLY TO “APPEARANCE REQUIRED” MATTERS. INDIGENT LITIGANTS MAY CONTACT THE DEPARTMENT CLERK IN DEPT. 54 BY 4:00 P.M. ON THE COURT DAY BEFORE THE HEARING TO ARRANGE FOR A CALL‐IN APPEARANCE. ANY QUESTIONS OR CONCERNS REGARDING COURT CALL OR A CALL‐IN APPEARANCE SHOULD BE DIRECTED TO THE CLERK IN DEPT. 54 BY 4:00 P.M. ON THE COURT DAY BEFORE THE HEARING. Defendant CSAA insurance Exchange, Inc.'s demurrer to plaintiff Kyleigh Juar...

Excerpt: ... claimed to show the existence or non‐existence of a triable issue of material fact. *** Defendant Accenture, Inc.'s motion for summary judgment or alternatively, summary adjudication of issues is ruled upon as follows. Both moving and opposing counsel failed to comply with CRC Rule 3.1350(g), requiring a single volume of evidence (including declarations) with a table of contents when the evidence exceeds 25 pages. The opposition papers were no...

Excerpt: ...nd advise counsel of Local Rule 1.06 and the Court's tentative ruling procedure. If moving counsel is unable to contact opposing counsel prior to the hearing, moving counsel shall be available at the hearing, in person or by telephone. Factual Background This action arises from an incident whereby plaintiff suffered injuries when struck by a concrete boom pump while he was working on a multi‐ employer construction site in Sacramento County. At ...

Excerpt: ...is requested, the parties must at the time oral argument is requested notify the clerk and opposing counsel of the causes of action that will be addressed at the hearing. The parties are also reminded that pursuant to local court rules, only limited oral argument is permitted on law and motion matters. *** Defendant Alexander Asterlin's demurrer to pro per Plaintiff Shaun Smith's first amended complaint (“FAC”) is ruled upon as follows. Defen...

Excerpt: ...ase No. C1522785 in Santa Clara County Superior Court. Defendant was appointed as Plaintiff's defense counsel at his November 10, 2015 arraignment, and Defendant represented Plaintiff for approximately eight months until the court granted Plaintiff's application to remove Defendant as counsel on July 7, 2016. The prosecution of the underlying criminal case resulted in a no contest plea to one misdemeanor count of violating Penal Code section 417,...

Excerpt: ...ntiff Kenneth Rogers (“Plaintiff”) filed this action on December 2, 2019 against defendants Larry Pilgrim, Donald Masuda, and Kenny Giffard (together, “Defendants”). This is Plaintiff's second lawsuit against Mr. Masuda and Mr. Giffard. On October 2, 2014, Plaintiff filed an action against Masuda and Giffard regarding their representation of Plaintiff in a criminal matter (the “Fraud Lawsuit”). (RJN Ex. 1.) Plaintiff alleged that Masu...

Excerpt: ...inent to the Court's decision on the instant motion are discussed below. Trial in this case was originally scheduled to commence on June 17, 2019. In May 2019, the parties participated in mediation and entered a stipulation on May 20, 2019 (the “May 2019 Stipulation”) to continue trial. At the time the May 2019 Stipulation was entered, discovery was closed, and the Vrame Defendants were represented by their former counsel, Porter Scott. The M...

Excerpt: ... If Plaintiff's counsel is unable to contact opposing counsel prior to the hearing, Plaintiff's counsel shall be available at the hearing, in person or by telephone, in the event opposing counsel appears without following the procedures set forth in Local Rule 1.06(B). Plaintiff's motion for leave to file its proposed First Amended Complaint (“FAC”) is GRANTED. Evidentiary Objection DSS argues the Declaration of Plaintiff's counsel filed in s...

Excerpt: ...s follows. Defendants' Evidentiary Objections The Court declines to rule on Defendants' two evidentiary objections since the subject evidence is immaterial to disposition of the motion. (See Code of Civ. Proc., § 437c, subd. (q).) Factual Background This is an employment law action arising out of Plaintiff's employment as a phlebotomist with Sutter. A. Plaintiff's Employment Plaintiff began working for Sutter at Sutter Memorial Hospital in 2006....

Excerpt: ...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 COURTCALL, at 9:00 a.m. on the date of the continued hearing date, which will be March 20, 2020 to participate in oral argument. Defendant Dr. Daniel Jackson...

Excerpt: ... co‐ defendant Forever 21, LLC (“Forever 21”). The action against Forever 21 is stayed due to its bankruptcy filing. Plaintiff alleges that Forever 21 and Metro made defamatory statements that Plaintiff shoplifted merchandise from the store. She alleges that Metro “made the statement without actually seeing the Plaintiff” steal any merchandise therefore, making the statement unprivileged” and that the officer “made a malicious decis...

Excerpt: ...to compel arbitration in lieu of answering the complaint. (Code Civ. Proc., §1281.7.) Plaintiff responded by filing a First Amended Complaint (“1AC”) on 6/25/2019. The 1AC “substantively changed the nature of [t]his action” from a class action seeking damages to a representative action under the Labor Code's Private Attorney General Act (“PAGA”). Ultimately, TDE's petition to compel arbitration was dropped from calendar because it ta...

Excerpt: ...aint. At that time, Defendants were in pro per. On July 12, 2019, John S. Sargetis of the United Law Center substituted into this action to represent Defendants. Defendants then filed their amended answer on July 17, 2019, and their second amended answer on December 23, 2019. Also on December 23, Defendants filed a cross‐ complaint without first obtaining leave of Court. Defendants' counsel, Mr. Sargetis, attests that he erroneously filed the c...

Excerpt: ...defendant Quattuor Construction company (“Quattuor”) rearended him in a company‐issued pickup truck. Plaintiff filed his action against Quattuor, et al. on July 14, 2017 (Wood v. Quattuor, et al., 34‐2017‐0021504.) It was later consolidated with this action, which was filed by plaintiff Maria Vargas against Quattuor, Ford, and others, on April 25, 2017. Trial is set for March 30, 2020. Plaintiff now moves for leave to file a first amend...

Excerpt: .... (“CTI”) terminated Richard Brooks' employment as CTI's Chief Financial Officer on December 31, 2018. A dispute arose regarding the amount due to Plaintiffs as a result of the termination, as Plaintiffs owned shares of CTI stock valued at $8,666,000 at the time of his termination. (Brooks Decl. ¶¶3‐5.) On December 18, 2019, CTI and Plaintiffs entered into a settlement agreement (the “Settlement”) and a Stock Purchase Agreement, in wh...

Excerpt: ...ermitted on law and motion matters. *** “Plaintiff's Motion Compelling Compliance to [sic] Request for Production of Documents, Set One, from Defendant Oakmont of Folsom, LLC and Request for Sanctions” is ruled upon as follows. The notice of motion does not comply with Code of Civil Procedure §1010 or CRC Rule 3.1110(a). Factual Background This is an elder abuse/neglect action which was commenced on 12/20/2018. On 4/23/2019 plaintiff served ...

Excerpt: ...tual Background Plaintiff's complaint purports to assert a single cause of action for conversion against both defendants. According to the complaint, when experiencing some marital problems in October 2018, Plaintiff gave her gold jewelry and some cash to Defendant Kaur for safekeeping at the latter's insistence. It is alleged in Paragraph 24 that when the personal property was handed over, Defendant Kaur and Defendant Sukhwinder “told Plaintif...

Excerpt: ...reen light just prior to the collision. Plaintiff served a set of requests for production on defendant, asking for any and all statements given by defendant to her insurer or its employees. Defendant apparently responded to the two requests with objections asserting both the attorney‐client privilege and the attorney work product doctrine. Plaintiff now argues that neither objection is valid but even if the attorney‐client privilege applied, ...

Excerpt: ...n pursuant to this article for delay in prosecution except after one of the following conditions has occurred: (1) Service is not made within two years after the action is commenced against the defendant. (2) The action is not brought to trial within the following times: (A) Three years after the action is commenced against the defendant unless otherwise prescribed by rule under subparagraph (B). (B) Two years after the action is commenced agains...

Excerpt: ... and Housing Act (“FEHA”) and failure to accommodate in violation of the FEHA. The Regents' motion is DENIED. Request for Judicial Notice The Regents' request for judicial notice is unopposed and granted. Evidentiary Objections Pursuant to Code of Civil procedure section 437c, subdivision (q), the Court will only rule on the objections to evidence deemed material to its disposition of the motion. The Regents' evidentiary objections are ruled ...

Excerpt: ... has not included a department number 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 pro per Defendants immediately. This is a collection action based on a written loan agreement. The Complaint alleges that on March 3, 2017, defendants Mariama Jones and Sean Sensecall (together, “Defendants”) obtained a loan from Pla...

Excerpt: ...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 COURTCALL, at 9:00 a.m. on the date of the continued hearing date, which will be March 16, 2020, to participate in oral argument. *** If oral argument is reques...

Excerpt: ...toria McAdaragh's (“McAdaragh”) demurrer to Cross‐Complainant Sara Myer (“Trustee”), Trustee of the Anne C. Linggi Trust dated October 29, 2009's (“Trust”) cross‐complaint (“XC”) is ruled upon as follows. McAadaragh's and Trustee's requests for judicial notice are 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....

Excerpt: ...ion matters. *** Plaintiff/cross‐defendant Advantage Funding Commercial Capital Corp.'s (“Advantage”) demurrer to defendant Thandi Enterprises, Inc.'s (“TEI”) First Amended Cross‐Complaint (“1ACC”) is ruled on as follows. Both moving and opposing counsel failed to comply with CRC Rule 3.1110(b)(3)‐(4). Opposing counsel failed to comply with CRC Rule 2.111(3). Factual Background This litigation arises out of defendant TEI's separ...

Excerpt: ...ng 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 COURTCALL, at 9:00 a.m. on the date of the continued hearing date, which will be March 13, 2020 to participate in oral argument. Defendant Donald Masuda's (“Masuda”) Anti‐SLAPP ...

Excerpt: ...ranty Deed with Vendor's Lien is GRANTED. Overview Plaintiff filed this action against Defendants on January 10, 2019. The operative First Amended Complaint (“FAC”) alleges 10 causes of action against Defendants for (1) disability discrimination, (2) disability harassment, (3) unlawful retaliation, (4) failure to prevent discrimination, harassment, and retaliation, (5) failure to pay wages, (6) unlawful retaliation for demanding wages due, (7...

Excerpt: ...d 2 are also OVERRULED. Defendant does not object to the admissibility of the evidence, but the characterization thereof. However, the Court notes that the ruling on these objections is not dispositive to this motion. Overview On July 1, 2014, Plaintiff Timothy Fisher (“Plaintiff”), an employee of Painter's Plus, Inc., was working on the roof of a property located at 3291 Truxel Road, Sacramento (the “Property”). (UMF 1.) Plaintiff was pa...

Excerpt: ...tiff has 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. Plaintiff's counsel shall notify defense counsel immediately. This is a wage and hour action. In the operative First Amended Complaint (“FAC”), Plaintiff alleges that Defendants Electric Tech Construction, Inc. (“E‐Tech”), Tim Pessin, and Justin B...

Excerpt: ...tees of the Aiad and Hoda Samuel Family Trust (together, “Plaintiffs”) on December 20, 2011, alleging one cause of action for breach of contract against Brake Masters, arising from numerous alleged breaches of a commercial real property lease between Plaintiffs and Brake Masters. The lease contains an attorney fee provision. On January 25, 2016, after a five day bench trial, the Court found for Brake Masters in all respects, and on March 15, ...

Excerpt: ...bout September 2012 they purchased a 2013 Hyundai Elantra (“Subject Vehicle”). The Subject Vehicle was sold with a 5 year/60,000 miles bumper to bumper warranty and a 10 year/100,000 miles powertrain warranty. Plaintiffs allege that during the warranty period, the Vehicle contained or developed defects including but not limited to a defective engine. Plaintiffs allege that Defendant was unable to repair the defects after a reasonable number o...