Excerpt: ...�) request for judicial notice of the Court's Minute Order on Defendants' demurrer to Plaintiff's First Amended Complaint in 34‐2019‐ 00262456 is granted. A court may take judicial notice of the existence of each document in a court file, and can take judicial notice of the truth of facts asserted in documents such as orders, findings of fact and conclusions of law, and judgments." (Bach v. McNelis (1989) 207 Cal.App.3d 852, 865.) Objections ...

Excerpt: ...m telephonically, call (833) 568‐8864 and enter the Zoom ID: 16146506749. Incarcerated plaintiff in pro per Michael L. Garcia's ("Plaintiff") Motion for Appointment of Counsel is DENIED. Plaintiff is currently incarcerated in San Quentin, California. He filed his Complaint alleging excessive use of force and cruel and unusual punishment on June 16, 2022. This case is still at the pleading stage. Plaintiff has not filed a Proof of Service of Sum...

Excerpt: ...iffs Edward and Ikuko Korthof's (collectively “Plaintiffs”) purchase of commercial real property (“Property”). Plaintiffs allege that Ryker Flint and Ryker Flint Commercial, Inc. (collectively “Flint”) acted as the broker for the Seller, codefendant 1530 X STREET, LLC (“LLC). Flint later acted as Plaintiffs' agent for purposes of renting, leasing, operating and managing the property. Plaintiffs allege that Vujadin Jovic is an indivi...

Excerpt: ...ew This is a personal injury action. Pursuant to CCP §§ 2025.420, 2034.430(b) and 2034.450(a), Plaintiff moves for a protective order to compel Defendant to pay the fees of Plaintiff's expert witness, Dr. Rakesh Donthineni, whom Defendant deposed. Dr. Donthineni is a board‐certified orthopedic surgeon specializing in spinal surgery. Dr. Donthineni appeared at an August 4, 2022 for three hours. Defendant did not complete Dr. Donthineni's depos...

Excerpt: ...let Cruze (“Vehicle”) which was manufactured and/or distributed by GM. Plaintiff received an express warranty, including, a 3‐ year/36,000‐mile express bumper to bumper warranty and a 5‐ year/100,000‐ mile powertrain warranty which, inter alia, covered the engine and transmission; and subsequently received a 10‐year/150,000‐ mile special coverage adjustment (i.e., extended warranty), which covers the water pump and/or related cool...

Excerpt: ...not the truth of their contents. (See Professional Engineers v. Dep't of Transp. (1997) 15 Cal.4th 543, 590.) Factual Background This action was commenced on July 13, 2021 with the filing of Plaintiff's complaint. On September 27, 2021, Plaintiff filed a First Amended Complaint ("FAC") pleading five causes of action for (1) sexual harassment under Government Code § 12940(j); (2) race discrimination under Government Code § 12940(a); (3) disabili...

Excerpt: ...a declaration, no later than August 17, 2022, that satisfies the requirements of Code of Civil Procedure section 439. Counsel's supplemental declaration states that a letter was sent to Defendant in pro per, Holly Tolbert (“Defendant”) that outlines Plaintiff's basis for bringing the instant motion because Defendant has not provided a phone number. (Amended declaration of Nicholas Mortl ¶2, Ex. 1.) Up until Plaintiff filed the supplemental d...

Excerpt: ...95814. Judicial Notice Defendants and Plaintiffs Leigh Bacco‐Scribner and Matt Scribner's (“Plaintiffs”) requests for judicial notice is granted. In taking judicial notice of these documents, the court accepts the fact of their existence, not the truth of their contents. (See Professional Engineers v. Dep't of Transp. (1997) 15 Cal.4th 543, 590 [judicial notice of findings of fact does not mean that those findings of fact are true]; Steed v...

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 Zoom telephonically, at 9:00 a.m. on the date of the continued hearing date, which will be September 1, 2022, to participate in oral argument. To appear on Zoom...

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 Zoom telephonically, at 9:00 a.m. on the date of the continued hearing date, which will be August 31, 2022, to participate in oral argument. To appear on Zoom ...

Excerpt: ...��) First Amended Complaint (“1AC”) is ruled upon as follows. Request for Judicial Notice Defendants' request for judicial notice is GRANTED as to Exhibits C, D, E, F, G, and J, which are excerpts from the Sacramento County Zoning Code. Defendants' request for judicial notice is DENIED as to Exhibits A, B, H, and I, which are print‐outs of zoning maps and data maps from the Sacramento County GIS Map Information website. None of the exhibits...

Excerpt: ...eph Chang, and Dharmeeka Chang alleging a single cause of action for premises liability based upon negligence, willful failure to warn, and dangerous condition of public property. Plaintiff alleges she slipped and fell on the sidewalk at 5700 S Land Park Drive in Sacramento, California. The location of Plaintiff's fall adjoins Parkside Community Church's (the “Church”) property. On February 18, 2021, the Church filed a Cross‐Complaint for e...

Excerpt: ... is a collection action to recover the unpaid balance on a personal loan Defendant Kenneth Greer (“Defendant”) has with Plaintiff. On December 16, 2021, Plaintiff filed a notice of conditional settlement in accordance with CRC Rule 3.1385 as a result of a settlement reached with Defendant. (ROA 15.) Defendant has failed to make the required payments and Plaintiff now seeks to vacate the notice of settlement and have the matter restored to the...

Excerpt: ... not properly served on him pursuant to CCP §§ 473(d) and 415.20(b). This case was initiated on November 16, 2007, when Plaintiff Resurgence Financial LLC (“Plaintiff”) filed its complaint alleging that Defendant owed an outstanding credit card balance. (ROA 1.) On February 28, 2008, Plaintiff filed a Proof of Service stating that the summons and complaint had been served on Defendant via substituted service. (ROA 5.) The Proof of Service s...

Excerpt: ...s follows. The Court did consider the late‐filed supplemental opposition, but it does not change the result of this ruling. The Court need not, and does not, rule on Defendants' objections to evidence submitted in support of Plaintiff's supplemental opposition since they concern evidence deemed immaterial to decision on the motion. Defendants' Request for Judicial Notice is granted. Factual and Procedural Background This case arises out of the ...

Excerpt: ...nteria and Elvia Mendez‐Ortiz's (“Plaintiffs”), untimely opposition. The Court finds no prejudice in doing so has been shown; Defendant was able to file a reply thereto before the hearing date. This Court previously denied Defendant's motion to set aside default and leave to file an answer on the grounds that the declaration of Jose L. Parra submitted with the motion was lacking in facts to support relief under Code of Civil Procedure secti...

Excerpt: ...ve ruling system as required by Local Rule 1.06(D). Counsel is ordered to notify Plaintiff's counsel immediately of the tentative ruling system and the manner to request a hearing. If moving counsel is unable to contact Plaintiff's counsel prior to hearing, moving counsel is ordered to appear at the hearing. On June 8, 2022, this Court granted Defendant's unopposed motions to compel Plaintiff Vanetta Young's (“Plaintiff”) responses to form in...

Excerpt: ...s daughter Michelle Osborn when their Chrysler minivan was struck by a 2007 Hyundai Santa Fe ("Subject Vehicle") driven by Plaintiff Regina Wander. Plaintiffs Angela Osborn ("Ms. Osborn"), Kenneth C. Osborn ("Kenneth"), Samantha Osborn ("Samantha"), Elizabeth Osborn ("Elizabeth"), and Lucy Stem Guevara's ("Lucy")' (collectively, the "Osborn Plaintiffs") filed their action against Hyundai in August 2017 alleging that Ms. Wander's vehicle was defec...

Excerpt: ...f 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. ** CDSS's request for judicial notice is denied as it was not relevant to the Court's ruling. Overview This action was commenced on 12/2/2019. The First Amended Complaint was filed on 2/18/2020. The Second Amended Complaint (“2AC”) was filed on 9/13/2021. The 2AC a...

Excerpt: ...'s (“Decedent”) treatment in the emergency department at Methodist Hospital. Plaintiffs in pro per, Karen Newsom, and the Estate of Elean Newsom, by and through successor‐in‐interest, Karen Newson (collectively “Plaintiffs”), allege causes of action for wrongful death and survival following Decedent's death while hospitalized at Methodist Hospital. As Dignity Health points out in its supporting papers, all other named defendants have ...

Excerpt: ...red to notify responding parties immediately of the tentative ruling system and the manner to request a hearing. Plaintiff seeks an interlocutory order to partition the Subject Property, located at 3210 Lerwick Road, Sacramento, California 95821, assessor's parcel number 254‐0142‐007 ‐0000, by sale pursuant to Code of Civil Procedure section 872.720. Plaintiff argues partition is proper because the Subject Property is jointly owned by three...

Excerpt: ... items except item f, which is an email from Defendant's counsel to Plaintiff's counsel. This email is not the proper subject of judicial notice. As to the remaining items, which are documents in the Court's file in this action, judicial notice is taken only as to the existence of the documents only, not the truth of the matters asserted therein. (See Professional Engineers v. Dep't of Transp. (1997) 15 Cal.4th 543, 590 [judicial notice of findin...

Excerpt: ...sed at the hearing and the parties should be prepared to point to specific evidence which is claimed to show the existence or nonexistence of a triable issue of material fact. *** Defendant Safeway Inc.'s motion for summary judgment or, in the alternative, summary adjudication, is ruled upon as follows. In this employment action, Plaintiff Thomas LePage alleges he was wrongfully terminated by Defendant Safeway Inc. Plaintiff filed his complaint o...

Excerpt: ...vely, “McAtee”). Mid Valley has been served with the Summons and Complaint, but McAtee has not. Two Declarations of Diligence were filed by Plaintiff on June 9, 2022, indicating the Sheriff attempted to personally serve McAtee on April 29, 2022, at 14771 Sutter Highland Drive, Sutter Creek, California 95685, but was informed there is a new owner at the residence and McAtee had moved to Idaho. Thus, as to McAtee, the motion is DENIED as they h...

Excerpt: ...he Third Amended Complaint (“3AC”) is SUSTAINED without leave to amend as follows. Judicial Notice The State Defendants' request for judicial notice of the Government Claim filed by Plaintiff is granted. A court may also take judicial notice of the filing and contents of a Government Claim, but not the "truth of the claim." (Gong v. Rosemead (2014) 226 Cal.App.4th 363, 368, fn. 7.) Factual and Procedural Background This action arises from the...