Excerpt: ...Amended Complaint (“1AC”) is OVERRULED in part and SUSTAINED in part with leave to amend as follows. Factual and Procedural Background This action arises from Plaintiffs' stay at Vince's Motel from April 2, 2017, through April 11, 2017. Plaintiffs allege that at the time of their stay the motel had a bedbug infestation and that management was aware of the problem, but failed to notify them of the presence of bedbugs in their room or remedy th...

Excerpt: ...n of notice by publication. Plaintiff shall submit a revised proposed order for the Court's signature pursuant to CRC Rule 3.1312. The Court notes that after the April 21, 2022 tentative ruling posted, the parties entered into a protective order and the Court granted CDPH's motion summary adjudication as to the invasion of privacy pursuant to Article I, Section I of the California Constitution cause of action. Notice by Publication CRC Rule 3.766...

Excerpt: ...nt (“P&S Agreement”) with Moore, in which Moore agreed to purchase property located at 11060 N. Mather Boulevard, Rancho Cordova, California, (“Property”) for $3,000,000. In May 2021, without any additional consideration. Moore and Sugarman required Plaintiff to sign a document titled “Performance Agreement.” Pursuant to the Purchase Agreement, Moore and Sugarman agreed to pay a base amount of $2,000,000 for the Property prior to clos...

Excerpt: ...L NOTICE Plaintiffs' request for judicial notice of the initial Complaint in this matter is GRANTED. II. BACKGROUND This is an elder abuse case arising from the care and treatment rendered to 89‐yearold decedent John Bennetti, Jr. (“John”) while he was a patient at Sierra Nevada Memorial Hospital in June 2020. Plaintiffs allege that John's healthcare providers failed to identify that he was allergic to certain medications, and the administr...

Excerpt: ...yment, he signed various documents, including an Arbitration Agreement, which purportedly requires the arbitration of any and all claims arising out of or related to Plaintiff's employment with Defendant. (Shanks Decl., ¶ 3 and Exh. A.) Plaintiff was employed until approximately July 2021. (Compl. ¶ 20.) On January 14, 2022, Plaintiff filed the instant representative action under the California Attorneys General Act (PAGA) alleging causes of ac...

Excerpt: ... 8:30 p.m., Plaintiff Bercharis McGill (“Plaintiff”) was lawfully riding his motorcycle on Highway 49 near Defendant's property when his motorcycle hit some aggregate on the road, spun out of control and then crashed into a car traveling in the opposite direction. (Register of Actions [“ROA”] 1 [“Complaint”], p. 4.) This incident occurred within 100‐200 yards from the exit driveway of Defendant's property. Defendant owns, controls, ...

Excerpt: ...stem, as required by Local Rule 1.06. Moving counsel is directed to contact the counsel for all other parties 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 hearing, moving counsel is ordered to appear at the hearing by Zoom or by telephone. Defendant has indicated the incorrect address in its notice of motion. The ...

Excerpt: ...edure 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. Plaintiff 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. Plaintiff's counsel shall notify the nonparties or their co...

Excerpt: ...., ¶ 2, Exh. A (“Compl.”), ¶¶ 6‐8, 23‐26.) Plaintiff was transferred to a different facility on June 1, 2017 and died on July 7, 2017. (Compl., ¶¶ 26, 32.) Plaintiffs allege that Ms. Perry's skin breakdown and death were the result of the acts and omissions of Defendants as her caretakers. (Compl., ¶¶ 1, 35, 45, 56.) The Plaintiffs in this action consist of Ms. Perry's surviving husband, Dennis E. Perry, who is pursuing claims indi...

Excerpt: ...eir existence, not the truth of their contents. (Herrera v. Deutsche Bank Nat'l Trust Co. (2011) 196 Cal.App.4th 1366, 1375; Kalnoki v. First American Trustee Servicing Solutions LLC (2017) 8 Cal.App.5th 23, 36‐37 [proper for to take judicial notice of recorded land documents and find that the recorded deed of trust was the "legally operative document designating the beneficiary”]; see Professional Engineers v. Dep't of Transp. (1997) 15 Cal....

Excerpt: ...rty forthwith and advise counsel of Local Rule 1.06 and the Court's tentative ruling procedure. If counsel for moving party is unable to contact counsel for opposing party prior to hearing, counsel for moving party shall be available at the hearing, in person or by telephone, in the event opposing party appears without following the procedures set forth in Local Rule 1.06(B). This litigation arises out of construction of a multi‐story parking g...

Excerpt: ...tor America and Hyundai of Roseville LLC (“Defendants”) filed a motion to compel arbitration. (ROA 9.) Though Plaintiffs served standard discovery requests on March 22, 2021, the Court granted the motion to compel arbitration on April 1, 2021 (ROA 27), thereby rendering the matter stayed and discovery moot in this court. It is unclear by in the parties' papers whether the arbitration ever occurred. On November 9, 2021, Defendants extended an ...

Excerpt: ...uest for judicial notice in support of its motion is granted. Plaintiff's request for judicial notice and Defendants' supplemental request for judicial notice are denied as the subject documents were not relevant to the Court's decision on the motion. II. Defendants' Objections Defendants' objections to Plaintiff's evidence submitted in opposition to the instant motion are ruled as follows. Declaration of Leta Nichols Objection No. 1 – ¶ 2, Li...

Excerpt: ...rally 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 stipulat...

Excerpt: ... Green (“Tracy”) (collectively, the “Greens”). This action arises out of an investment account with RBC that was numbered initially as Account No. ‐8808 and later changed to Account No. ‐5042 (the “Account”). The Account was a joint tenant account in the names of Lopez and her son ‐in‐law Jason. Lopez alleges the Account was opened with an initial deposit of $200,000. (1AC ¶ 9.) Lopez alleges unauthorized withdrawals were mad...

Excerpt: ...right, a sheriff deputy, operating a Ford Explorer patrol vehicle, lost control of his vehicle and collided with Plaintiff's minivan. Plaintiff alleges she sustained serious physical, emotional, and psychological injuries as a result and has continuing symptoms for which medical treatment is ongoing. Plaintiff's injuries included a herniated cervical disc; injury to her back, shoulders, hips, legs, and jaw; PTSD; and traumatic brain injury with s...

Excerpt: ...ness records to Wells Fargo Bank, N.A., or in the alternative, for a protective order is ruled upon as follows. I. Overview a. Nivano's Complaint In its action, Nivano alleges that Defendants and Cross‐Complainants Mitesh Patel, R.PH (“Patel”) and David Kyle D.O. (“Kyle”) (collectively “Defendants”) schemed to “illegally gain control of Nivano and to then illegally profit from its providers and their patients. Defendants did so by...

Excerpt: ...vidence which is claimed to show the existence or nonexistence of a triable issue of material fact. *** Plaintiff Daniel Tiamu Avegalio's (“Plaintiff”) motion for partial summary adjudication is ruled upon as follows. I. Overview This action arises from Plaintiff's purchase of a used vehicle (“Vehicle”) from Defendant SAII Enterprises, LLC (“Defendant”). Plaintiff alleges that Defendant misrepresented the Vehicle's true accident histo...

Excerpt: .... *** Defendant Sutter Valley Hospitals dba Sutter Roseville Medical Center's (“Sutter”) demurrer to the Fifth and Eighth causes of action in Plaintiff Barbara Young's (“Plaintiff”) second amended complaint (“SAC”) is ruled upon as follows. Overview This is an employment action. At issue in this demurrer are the causes of action for failure to make reasonable accommodations (COA 5), and violation of Labor Code section 1102.5 (COA 8.) ...

Excerpt: ...LC, dba Laguna Woods, RCFE when Defendant Mee Lai Fong attacked Patton with a metal cane, ultimately leading to her death. CONTENTIONS 1. Moving Papers Defendants move to quash a deposition subpoena issued by Plaintiffs. The subpoena at issue is a records‐only subpoena under Code of Civil Procedure section 2020.410 issued on June 22, 2022 to Morrison & Garritano, an insurance broker that helped Defendants obtain insurance coverage for their nur...

Excerpt: ...edecessor to Patelco Credit Union) secured by a deed of trust on the property. In 2008, Cal State 9 Credit Union assigned the beneficial interest under this deed of trust to Plaintiff. In 2009, an erroneous substitution of trustee was recorded on the deed of trust, purporting to appoint T.D. Service Company (predecessor to First American Title Insurance Company) as the new trustee and averring that Patelco was the beneficiary on the deed of trust...

Excerpt: ...ofit public benefit corporation. A trial is currently set for March 6, 2023. CONTENTIONS Defendants Move America Forward, Salvatore Russo, Melanie Swanson, Howard Kaloogian, and Shawn Callahan move for leave to amend their answer to the first amended complaint to allege an additional affirmative defense of selective prosecution. Defendants assert that recently completed depositions, which were noticed in April 2022, provided Defendants sufficient...

Excerpt: ... (2) fraud. CONTENTIONS Defendants filed this unopposed demurrer to both causes of action on the basis that they fail to state a cause of action and are uncertain. As to the first cause of action, Defendants argue that it fails because the alleged 20 percent interest on the promissory note is usurious in violation of article XV of the California Constitution, which caps interest in cases such as this at 10 percent. Defendants further argue that t...

Excerpt: ...he tentative ruling to the litigation coordinator on or before the date of the scheduled hearing. The litigation coordinator shall provide the tentative ruling to Plaintiff within 48 hours of receiving it. The hearing date shall automatically be continued one week plus one court day for oral argument. The continuance date will always be an appearance required hearing so that Plaintiff need not request oral argument. The Litigation Coordinator sha...

Excerpt: ...is 42 years old. Plaintiff's motion is difficult to decipher, but from what the Court can glean, Case No. 714520 was a case wherein James E. Puiia sued Betty M. Puiaa for declaratory relief in 1976. Part of that case was apparently sealed in 1980 for unknown reasons. Attorney Weldon R. Reeves prepared a judgment in that case. Mr. Reeves was later disbarred in 1996 due to a false statement made in bankruptcy court. Both Mr. and Mrs. Puiia are dece...