Excerpt: ...cted to notify the clerk and opposing counsel at the time of the request which of the Issues identified in the Notice of Motion and which of the Undisputed Material Facts offered by the Plaintiffs and/or the Additional Material Facts offered by Defendant will be addressed at the hearing and the parties should be prepared to point to specific evidence which is claimed to show the existence or non ‐existence of a triable issue of material fact. *...

Excerpt: ...ss notice will be mailed out. The tentative ruling from May 25, 2022 is set forth below. ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ After the April 21, 2022 hearing, Judge Cadei explained, in pertinent part: "Counsel argued that [the] statu[t]e required an estimate to be provided if the costs were to be split between the parties. There is also a need f...

Excerpt: ...s, set one (Item 9). Each motion is essentially identical and is accompanied by a request for monetary sanctions of $960. Given the significant overlap between the three motions, the Court rules upon each motion and sanctions request in one combined ruling. All three motions to compel are GRANTED. All three requests for sanctions are DENIED. As an initial matter, Defendant has indicated the incorrect address in its notice for each motion. The cor...

Excerpt: ...583.410. The Court rules as follows. Background In this personal injury matter, Plaintiff alleges he was injured while riding his bicycle when Defendant Lloyd struck him with a car door as she exited her Lyft ride. (Mico Decl. ¶ 2.) Plaintiff filed his Complaint on May 13, 2019 through his attorney at the time. (ROA # 1.) Since approximately August 14, 2019, Plaintiff has been selfrepresented. (ROA # 11.) This motion is Defendant's third motion ...

Excerpt: ...pon defense counsel at 4815 Laguna Park Dr., Suite C, Elk Grove, California 95758. The latest address for defense counsel in the Court's file indicates defense counsel's office is located at 4815 Laguna Park Dr., Suite B‐3, Elk Grove, California 95758. If Plaintiff provides proof at or prior to the hearing that defense counsel presently occupies Suite C where the moving papers were served, the Court rules as follows. If such proof is not provid...

Excerpt: ... tasked with providing emergency roadside assistance to motorists by delivering fuel, jumpstarting batteries, and performing tire changes. (Young Decl. ¶ 2.) Plaintiff filed the operative first amended complaint (“FAC”) against Defendants Allstate Insurance Company, Signature Motor Club of California, Inc., and Allstate Motor Club, Inc. (collectively “Defendants”) on August 13, 2019. (Young Decl. ¶¶ 4‐5; ROA # 38.) The FAC alleges th...

Excerpt: ...11.) Plaintiff alleges that she was injured when Defendant, who was under the influence of alcohol, collided with the back of Plaintiff's car. The FAC alleges that Plaintiff was driving southbound on State Route 65 and was slowing down due to stopped traffic ahead while in the City of Rocklin. (FAC ¶ XXIV.) Defendant was also driving her car southbound on State Route 65 in the same lane as Plaintiff and was “traveling at an unsafe speed for pr...

Excerpt: ...e Rover LR4 ("Vehicle"). Express warranties accompanied the sale of the Vehicle to Plaintiff by which Defendant undertook to preserve or maintain the utility or performance of the Vehicle or to provide compensation if there was a failure in such utility or performance. Plaintiff alleges that the vehicle was delivered to Plaintiff with serious defects and nonconformities to warranty and developed other serious defects and nonconformities to warran...

Excerpt: ...nce Code section 1379(b) is DENIED. Requests for Judicial Notice Defendant's request for judicial notice of Matter of Jaimez (December 17, 1998) P‐B486, a decision of the California Unemployment Insurance Appeals Board, is granted. Plaintiff State of California, Employment Development Department's (“Plaintiff” or “EDD”) request for judicial notice of various orders, tentative rulings, and judgments in Brooks v. California Unemployment I...

Excerpt: ...'s counsel is directed to contact opposing counsel forthwith to advise counsel of Department 54's correct address, Local Rule 1.06, and the Court's tentative ruling procedure. If GM's counsel is unable to contact opposing counsel prior to the hearing, GM's counsel shall be available at the hearing, in person or remotely (telephonically or by video conference via Zoom as stated in the introductory notice to today's tentative rulings), in the event...

Excerpt: ...iff was travelling in the southbound direction and defendant was driving in the northbound lane. Both vehicles entered a dust cloud that had been stirred up by a farmer using his tractor in a field adjacent to the road. Defendant crossed over into the southbound lane and his vehicle's front impacted the front of plaintiff's vehicle.” (Complaint, ¶ GN‐1.) Plaintiff named as Doe 1, Non‐Settling Defendant PR AG Services, LLC. (“PR AG”). (...

Excerpt: .... To appear on Zoom telephonically, call (833) 568‐8864 and enter the Zoom ID: 16146506749. The proofs of service accompanying this motion indicate service of the moving papers was sent to incarcerated plaintiff in pro per Sharmistha Barai (“Plaintiff”) at a Federal Medical Center located in Fort Worth, Texas, but there is no evidence in the Court's records indicating that is Plaintiff's current address. If the moving party files at or prio...

Excerpt: ... account, and both times Defendant returned the bill pay requests to Sprint for insufficient funds, triggering two NSF fees. The Class is defined as “all California residents who have or had a GOLDEN 1 checking account from which GOLDEN 1 assessed more than one insufficient funds ("NSF") fee for an item that GOLDEN 1 returned as unpaid at any time during the four (4) years preceding the filing of this action and up to the time when GOLDEN 1 's ...

Excerpt: ...round that Defendant failed to meet and confer in good faith prior to filing the instant motion. Here, Plaintiff personally served her responses on April 27, 2022. Thus, Defendant's forty‐five (45) day deadline to file and serve a motion compel further responses expired on June 13, 2022. On May 23, 2022, Defendant sent a 34‐page meet and confer letter regarding Plaintiff's responses to special and form interrogatories and request for producti...

Excerpt: ...agement, Inc., (“BMW”) as tenant for property located at 6009 Florin Road, Sacramento, California (the “Premises”), comprised of approximately 8,000 square feet that was leased by BMW for use as a Sizzler Restaurant. (Jackson Dec. ¶¶ 3‐4, Exhs. A‐B.) Pursuant to Article J of the Lease, following Rent Commencement, BMW promised to make monthly payments for the years 1 through 5 in the amount of $16,666,67; for the years 6 through 10 ...

Excerpt: ...cher with Defendant at Cordova Villa Elementary School. Plaintiff is African‐American and filed her operative Second Amended Complaint (“2AC”) on June 22, 2020, alleging causes of action for discrimination, harassment, and retaliation based on race. On January 20, 2021, the Court sustained without leave to amend Defendant's demurrer to Plaintiff's race harassment claim finding that, “with the exception of the watermelon ornament incident,...

Excerpt: ...dressed at the hearing and the parties should be prepared to point to specific evidence which is claimed to show the existence or non‐existence of a triable issue of material fact. *** Defendant California Department of Public Health ("Defendant" or "CDPH") motion for summary judgment, or in the alternative, summary adjudication, against Plaintiff Johnnae M. Harkey‐Kirk (“Plaintiff”) is ruled upon as follows. I. Background This is a class...

Excerpt: ...stence, 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. Department of Consumer Affairs (2012) 204 Cal.App.4th 112, 120‐121 [“[W] hile the existence of any document in a court file may be judicially noticed, the truth of the matters asserted in those documents, including the factual find...

Excerpt: ...r alleges he was misclassified as an independent contractor. VSS contends Carr agreed to settle all of his employment related claims pursuant to the parties' Labor Commissioner hearing, but has now refused to sign the Settlement Agreement and breached the parties settlement agreement, Independent Contractor Agreement (“ICA”), and Hold Harmless Agreement (“HHA”). VSS filed the original Cross‐Complaint on November 8, 2021, and the First A...

Excerpt: ...aint (“3AXC”) is OVERRULED. Cross‐Defendant Rock Creek Oil, Inc.'s (“Rock Creek”) joinder is unopposed and granted. This action arises from a Natural Gas Purchase and Sale Agreement (“PSA”) entered into between Cross‐ Defendants and CEE. Disputes subsequently arose over a variety of matters, including, but not limited to, the construction of the pipeline facilities, the quality of the gas being produced, and Cross‐Defendants' ob...

Excerpt: ...ows. Plaintiff filed a 177‐page opposition on July 13, 2022, only four Court days prior to the hearing. This is not the first time Plaintiff has filed an untimely opposition. While the Court, in its discretion, has considered Plaintiff's previous untimely filings, the Court declines to do so in this instance based upon Plaintiff's repeated failures to comply with deadlines and the extreme untimeliness of this opposition coupled with the oversiz...

Excerpt: ... Street, Sacramento, California 95814. Factual Background This case involves Plaintiffs' allegations that they endured continued sexual harassment and physical assaults while attending Delta High School. Plaintiffs allege that Defendants River Delta Joint Unified School District, Don Beno, and Laura Uslan (collectively “Defendants”) fostered an atmosphere of rule‐breaking, bullying, and sexual harassment because they allowed the harassment ...

Excerpt: ...prepared to point to specific evidence which is claimed to show the existence or non‐existence of a triable issue of material fact. *** The Motion for Summary Judgment, or in the alternative Summary Adjudication, filed by Defendant Capital Gastroenterology Consultants Medical Group, Inc. (“Defendant”) as to Plaintiff Noel Crowl's (“Plaintiff”) complaint is DENIED as follows. This matter arises out of Plaintiff's layoff by Defendant in w...

Excerpt: ...nt shall be served upon a defendant within three years after the action is commenced against the defendant. For the purpose of this subdivision, an action is commenced at the time the complaint is filed." (Code Civ. Proc., § 583.210, subd. (a).) If service is not completed upon a party within the three years, "the action shall not be further prosecuted and no further proceedings shall be held in the action." (Code Civ. Proc., § 583.250, subd. (...

Excerpt: ...'s work on the earlier‐filed anti‐SLAPP motion and the present motion for attorney's fees. Pro se Plaintiffs Muhammad Younas Malik and Nazia Jabeen Iqbal (“Plaintiffs”) oppose arguing that their filing of a Notice of Appeal on June 10, 2022 effects a stay on all proceedings in this trial court pending final resolution of the appeal. Plaintiffs alternatively argue that the amount of fees requested by Defendants be reduced to a reasonable a...