Excerpt: ...s provided written statements related thereto. According to the moving papers, Zacharey's mother (not a party to this lawsuit) has primary custody of Zacharey and consented to the latter's deposition but plaintiff Hodge, who had custody of Zacharey on the date previously scheduled for the deposition, refused to produce the witness for deposition, arguing that defendants are not entitled to depose plaintiff's witness. Since defendants are by law e...

Excerpt: ...requiring a single volume of evidence (including declarations) with a table of contents when the evidence exceeds 25 pages. Defendants' motion for summary adjudication of the various causes of action purportedly asserted against them in plaintiff in pro per's complaint is DENIED since defendants failed comply with CRC Rule 3.1350(b) and (h), requiring that issues presented for summary adjudication be stated in the notice of motion and repeated ve...

Excerpt: ...2019, to give Defendant Michael Hicks, in pro per, the opportunity to file an opposition after he appeared at the hearings. Defendant filed untimely “oppositions” to the three motions on May 31, 2019, and served unverified responses to the subject discovery via certified mail on June 3, 2019. The “oppositions” essentially state that Defendant was confused and did not understand the discovery process and has now sent answers to the referen...

Excerpt: ...ion, Shacklefoot's sole cause of action has been one for motor vehicle negligence. Among the defendants are One Call Medical, Inc. (NJ) dba One Call Care Management, and Zonecare USA of Delray, LLC (FL) dba One Call Care Transport + Translate (collectively "One Call") (sued as One Call Care Management, One Call Medical, Inc. and Coral Acquisitions, Inc.). Shacklefoot alleges that "One Call provides services to the workers' com...

Excerpt: ...raud. This case arises from a borrower signing home loan origination documents in a name other than her legal name. Later, she divorced her husband, William B. Welcher (“William”), who was also her co‐borrower on the loan. Defendant allegedly stopped automatic withdrawals of mortgage payments from her account due to her husband's bankruptcy filing, which caused the loan to go into default. Plaintiff sought a Request for Assistance and a...

Excerpt: ... Defendant City of Sacramento (the City) to Plaintiffs' third amended complaint (3AC) is OVERRULED in part and SUSTAINED in part, with leave to amend. The court has previously reminded all counsel that the meet‐and‐confer requirements of Code of Civil Procedure § 430.41 are not optional and mandate, reasonable, good faith meet‐and‐confer efforts. The court now reminds the parties that those efforts require the parties to identify legal s...

Excerpt: ...es Contract (the “RSA”) with Folsom Lake Hyundai to purchase and finance a 2013 Hyundai Elantra (the “Vehicle”). (Zielomski Decl. ¶2, Ex. A.) The RSA contains an arbitration provision stating that “any claim or dispute, whether in contract, tort, statute or otherwise . . . ., between you and us or our employees, agents, successors or assigns, which arises out of or relates to your . . . purchase or condition of this vehicle . . . . sha...

Excerpt: ...mployee pursuant to the Private Attorneys General Act” a single cause of action for violation of the Private Attorney General Act of 2004 ("PAGA") found at Labor Code §2698 et seq. based on Defendant's alleged violation of the following wage‐and‐hour laws: failure to provide accurate wage statements, failure to maintain payroll and time records, failure to provide meal and rest periods, failure to pay overtime, failure to timel...

Excerpt: ...'s claims. The motion is ruled upon as follows. Background This action arises out of a series of loans extended by CCL to Plaintiff Phoenix Logistics Supply Chain Solutions, Inc. (“PLSCS” ) in 2015 and 2016, and part of 2017. The SAC alleges that CCL has domesticated and pursued a judgment it obtained against Plaintiff in New York related to the underlying loan agreements. (See SAC ¶¶ 5, 63, 64, 87.) The Court previously granted Defendant C...

Excerpt: ...ing personal service on Cindy Williams of LegalCorp. Solutions on February 6, 2019. (RJN Ex. 2.) On March 20, 2019, Plaintiff filed a request for entry of default, which was entered on that same date. (RJN Ex. 3; ROA 9, 10.) Plaintiff then filed a Request for Court Judgment on April 9, 2019. (RJN Ex. 4.) Defendant seeks to set aside the default and any request for default judgment based on surprise and excusable neglect. Defendant's member and ma...

Excerpt: ...diation and defendants now seek to enforce the settlement terms which required plaintiffs to obtain approval of a minor's compromise for one of the plaintiffs. Notably, defendants here do not request this Court to enter a judgment according to the terms of the earlier settlement but rather appear to request an order compelling plaintiffs to obtain approval of a minor's compromise. The express language of Code of Civil Procedure §664.6 does not a...

Excerpt: ...9;s motion to compel Defendants Vivant Solar Inc. ("VSI") and Vivant Solar Developer, LLC ("VSD") (collectively "Defendants") responses to special interrogatories, request for production of documents, and request for admissions is ruled upon as follows. Procedural History This is an action for violation of California Labor Code Private Attorneys General Act of 2004 ("PAGA"). Plaintiff Teshawn Solomon, an individual...

Excerpt: ...34;). Plaintiff Teshawn Solomon, an individual, and on behalf of all other aggrieved employees alleges that Vivint violated various Labor Codes and Wage Orders. Plaintiff asserts a single cause of action for Violation of the Private Attorneys General Act (Labor Code §2698, et seq.) Plaintiff seeks to recover civil penalties pursuant to Labor Code §§ 2698‐2699.5. (Complaint, ¶¶ 35‐37.) Pursuant to the Presiding Judge's order, this motion ...

Excerpt: ...ntiffs Franklin Armory, Inc. (“FAI”), a firearms manufacturer, and Sacramento Black Rifle, Inc. (“SBR”), a firearms dealership. They allege that on two occasions in July 2017 FAI sent an email to the DOJ “inquiring about the classification of their [sic] initial Title 1 design,” with “Title 1” being described as a firearm designed, developed, and manufactured by FAI which the latter desires to distribute and sell in California. (C...

Excerpt: .... *** Defendants Caliber Home Loans, Inc., et al.'s (collectively “Defendants”) demurrer to the First Amended Complaint (“1AC”) is ruled on as follows. The opposition papers were not timely filed or served but were nevertheless considered. The opposition papers do not comply with CRC Rule 3.1113(f) or Rule 3.1110(b)(3)‐ (4). Factual Background This is a wrongful foreclosure case which was commenced on 10/2/2015. According to the 1AC fil...

Excerpt: ...in Respondents Kaiser Foundation Health Plan, Inc., The Permanente Medical Group, Inc. and Kaiser Foundation Hospitals' (collectively “Kaiser”) favor. The Arbitrator found that Ly failed to submit an expert declaration in opposition to Kaiser's motion for summary judgment, that her opposition to Kaiser's separate statement failed to establish a triable issue of material fact, and that none of Ly's statements served as admissible evidence nece...

Excerpt: ...ithdraw was signed on 1/23/2018. Plaintiff thereafter moved to compel SHR's responses to request for production of documents (set one), special interrogatories (set one), and form interrogatories. The motion was unopposed and the Court directed SHR to serve written verified responses, without objections, by no later than 3/23/2018. The Court also advised that a corporation by be represented by legal counsel. Plaintiff moves to strike on three...

Excerpt: ...pplicable standard of care and because no act or omission by Defendant caused Mr. Smith's death. Plaintiffs Donna Smith, Derrick Smith, Amanda Wilkins, Gracie Campbell, Kelly Edgar, Brandy Gascon, and Andrew Smith have brought an action alleging a single cause of action for wrongful death based on medical negligence against Defendant. Plaintiffs allege that while Mr. Smith was a patient at the University of California, Davis Medical Center from J...

Excerpt: ... Lane Center School, Peter J. Shields Elementary School and Mitchell Middle School in Rancho Cordova, California. Norwood entered into a subcontract with Defendant Andrade Electric, Inc. (“Andrade”) for electrical work. On 1/29/2019, two Notices of Completion were filed and recorded by the District covering the three projects. On 3/26/2019, Andrade filed with the District three Stop Payment Notices requesting that the District withhold funds ...

Excerpt: ...ovenant of good faith and fair dealing; (3) intentional misrepresentation; (4) negligent misrepresentation; (5) unfair business practices in violation of California Business and Professions Code section 17200; and (6) accounting. Plaintiff alleges that beginning in 2015, he worked together with Defendant Fong and Defendant DF Softball, LLC, in the business of organizing and hosting softball tournaments, showcases, and other events. (Com. ¶ 7.) P...

Excerpt: ...implied covenant of good faith and fair dealing; (3) intentional misrepresentation; (4) negligent misrepresentation; (5) unfair business practices in violation of California Business and Professions Code section 17200; and (6) accounting. Plaintiff alleges that beginning in 2015, he worked together with Defendant Fong and Defendant DF Softball, LLC, in the business of organizing and hosting softball tournaments, showcases, and other events. (Com....

Excerpt: ...ur James Shurley to rent the premises at 3723 Scallop Court, North HIghlands, California. Plaintiffs allege that Defendants agreed to provide habitable rental property. Plaintiffs allege that the premises has numerous defects that cause the premises to be uninhabitable including a leaking roof causing damage to Plaintiffs' property, mold throughout the house causing breathing problems, lack of heating and air conditioning, broken windows, coc...

Excerpt: ...est for Judicial Notice is GRANTED. Plaintiff's Request for Judicial Notice is GRANTED as to Exhibit Nos. 1, 2, 3 and 8. Judicial Notice as to Request Nos. 4, 5, 6, and 7 is DENIED. Defendant's objections are overruled. FACTS Plaintiff was employed with Defendant Garda CL West, Inc. from approximately July 8, 2013, to September 15, 2015. (Compl. ¶¶ 6, 24.) Plaintiff alleges that during the course of his employment, he was subjected to discrimin...

Excerpt: ...d by a semi‐ trailer owned by Defendant and operated by its employee. As a result of her alleged injuries, Plaintiff claims damages in the form of past and future lost earnings. At the time of her alleged injuries, Plaintiff apparently worked for Jersey Mike's. On or about July 19, 2018, Defendants issued a deposition subpoena to Jersey Mike's for production of business records to obtain Plaintiff's employment records. Despite several attempts ...

Excerpt: ...laintiff further alleges that she was placed on investigatory leave, and also that she was ignored and ultimately disciplined after she complained about another physician. In addition, Plaintiff contended that she once again was the subject of retaliation after she complained after she was prohibited from taking a break and that she refused to alter patient records. In June 2011, Defendant placed Plaintiff on medical leave. In February 2012, Defe...

Excerpt: ...r husband separated, he executed a quit claim deed transferring all of his interest in the property to plaintiff. A judgment of divorce was entered in March 2013, giving the property to plaintiff but it is alleged that she was subsequently coerced into signing a stipulation to sell the property and in July 2017, the ex‐husband obtained an order from family court directing the sale of the property. It is alleged that the prospective buyers offer...

Excerpt: ...rior to the scheduled hearing date. However, any defect in service is deemed waived by virtue to the opposition's failure to timely raise any objection based on a defect in service. Factual Background Plaintiff's 2/11/2015 complaint in this action asserts a cause of action for specific performance of a contract whereby plaintiff agreed to purchase and defendant agreed to sell at an agreed upon price certain real property located in Sacramento Cou...

Excerpt: ...earing. Counsel are also reminded that pursuant to local rules, only limited oral argument is permitted on law and motion matters. *** At the outset, the Court must remind all counsel but especially plaintiff's that given the number of motions such as this which must be addressed on a daily basis, there are simply not enough judicial resources available to resolve each and every discovery dispute that could have and should have been resolved info...

Excerpt: ... Placer Title Co. (1994) 28 Cal.App.4th 503, 509‐511.) Provided that proof of timely, valid service of the moving papers is filed at or before the hearing, the following will become the tentative ruling of the court. Defendant in pro per Kim's motion to “vacate (cancel) judgment” pursuant to Code of Civil Procedure §473 and §473.5, Business and Professions Code §6077.5 and/or “Code of Civil Procedure §1788.62” is ruled on as follows...

Excerpt: ...Placer Title Co. (1994) 28 Cal.App.4th 503, 509‐511.) Provided that proof of timely, valid service of the moving papers is filed at or before the hearing, the following will become the tentative ruling of the court. Defendant in pro per Kim's motion to “vacate (cancel) judgment” pursuant to Code of Civil Procedure §473 and §473.5, Business and Professions Code §6077.5 and/or “Code of Civil Procedure §1788.62” is ruled on as follows....

Excerpt: ...ndant ELG for breach of contract. Plaintiff alleges it and ELG were co‐counsel in connection with a workers compensation claim entitled Latham v. Vito Trucking and a third party claim entitled Latham v. Republic Services, et al. In 2015, plaintiff and ELG entered into a written fee agreement and cost sharing agreement which provided that attorney fees would be split equally. However, plaintiff asserts that ELG settled the third party claim for ...

Excerpt: ...(“Dr. Gonzalez”) in 2012 in Placer County Superior Court (the “Medical Malpractice Action”). Moving Defendants Baleria and Garberson represented Dr. Gonzalez and co‐defendant Advanced Medical Spa, Inc. in the Medical Malpractice Action. The Medical Malpractice Action was ultimately settled at mediation in 2017 and in connection with this settlement, the parties executed a confidentiality agreement and plaintiff executed a Release of All...

Excerpt: ...") and the second in December 2017 for $410,000 relating to property on Walnut Avenue in Sacramento ("December Note"). According to the exhibits attached to the operative First Amended Complaint ("1AC"), it appears loans were made by AAJV to VPP with co‐defendant Johnny Estrada ("Johnny") and Africa Estrada ("Africa") each signing as a "managing member" of VPP and also each signing separate personal g...

Excerpt: ...ing to Maciora, Starrs signed "false" verifications to MEC Inc.'s responses to Special Interrogatories and Request for Admissions. The motion is DENIED since Maciora fails to proffer legal authority that an OSC may be entered in such a circumstance. Indeed, with respect to request for admissions, the proper procedure for an allegedly unjustified denial is a motion for sanctions after trial. (CCP §2033.420(a).) The minute order is eff...

Excerpt: ...er a motion for relief made after that period has elapsed. The six‐month period runs from entry of default, not entry of judgment. (Manson, Iver & York v. Black (2009) 176 Cal.App.4th 36, 42.) Here, Defendant's motion is untimely since he filed it years after default was entered, and the Court has no jurisdiction to rule on the motion. Although the Court has the inherent power to grant equitable relief based upon extrinsic mistake or fraud ...

Excerpt: ...inst Defendant on July 19, 2017, alleging breach of the implied warranty of habitability as to his apartment unit. At that time, he was represented by counsel. Plaintiff was then charged with two criminal counts and was taken into custody by Sacramento County. In his criminal proceedings, Plaintiff was adjudicated mentally incompetent to stand trial, pursuant to section 1370(a)(2) of the Penal Code. (ROA 27.) Plaintiff is currently residing at th...

Excerpt: ...on the Yuba River in Yuba County. Plaintiffs filed this action after the Department stopped a contractor hired by Plaintiff South Yuba Water District from performing excavation on the Yuba River. Plaintiffs filed the original complaint on June 28, 2018, and the first amended complaint on October 9, 2019. On March 29, 2019, the Court granted a special motion to strike the claims against Tina Bartlett and Nancee Murray. Defendants now move to recov...

Excerpt: ... since it appears that service is defective. This is an elder abuse action. Plaintiffs have named the above Moving Defendants and co‐defendant Laticia Peralez (“Peralez”) as defendants in this action. The Moving Defendants have filed answer. Peralez has not filed an answer. The caption of this motion as well as the notice of motion/motion identifies the Moving Defendants as the parties moving to compel arbitration. The notice of motion/moti...

Excerpt: ...stantial compliance with the Code of Civil Procedure. The motion is ruled on as follows. Factual Background This action arises from a motor vehicle accident that occurred in 2016. Plaintiff filed his lawsuit on December 15, 2017, and served form interrogatories, requests for production, and requests for admissions on Defendants on June 22, 2018. Plaintiff thereafter agreed to an open‐ended extension for Defendants to respond to discovery in ord...

Excerpt: ... brings the instant motion pursuant to Code of Civil Procedure section 2031.285 on the ground that CB&T's counsel inadvertently produced attorney‐client privileged email communications to Plaintiffs in response to Plaintiffs' request for production of documents, set one. CB&T then invoked section 2031.285's clawback procedure by serving a clawback request to Plaintiffs explaining the basis of CB&T's privilege claim. Plaintiffs failed to file CB...

Excerpt: ...cember 15, 2017, and served form interrogatories, requests for production, and requests for admissions on Defendants on June 22, 2018. Plaintiff thereafter agreed to an open‐ended extension for Defendants to respond to discovery in order to explore potential settlement. In early 2019, trial was scheduled for July 22, 2019. On February 20, 2019, Plaintiff's counsel's email response regarding scheduling mediation included the following: “Also, ...

Excerpt: ...r abuse and second cause of action for negligence fail to state facts sufficient to constitute a cause of action and are uncertain. Defendants' request for judicial notice is granted. Background Plaintiff filed her complaint on October 9, 2018, alleging causes of action for (1) elder abuse; (2) violations of the Patient's Bill of Rights; and (3) negligence. Defendants demurred to each cause of action, and the Court sustained the demurrer with lea...

Excerpt: ...claims. For the reasons outlined below, the motion is continued to June 12, 2019 at 9:00 a.m. in this department. The Court notes that potentially confidential information, including banking information, has been repeatedly filed including, inter alia, as Exhibits A and B to the Declaration of Frederick S. Saul in support of the opposition to this motion, and this information has been viewable by the public since its filing. Counsel is reminded t...

Excerpt: ...tive ruling procedure and the manner to request a hearing, along with the correct address for Dept. 53/54. If moving counsel is unable to contact opposing counsel prior to hearing, moving counsel is ordered to appear at the hearing in person or by telephone. Moving counsel failed to comply with CRC Rule 3.1110(b)(3)‐(4). Overview This is a lemon law action arising from plaintiff's purchase of a 2011 Jeep Grand Cherokee nearly $43,500. Plaintiff...

Excerpt: ...y, Inc. (F&R). Overview This case involves the collection of worker's compensation insurance premiums. F&R is the defending employer and insured. The State Compensation Insurance Fund (SCIF) wrote the worker's compensation insurance policy in question, which covered F&R from 2/10/16 to 2/10/17. (See Undisputed Material Fact (UMF) 1.) F&R paid $91,163.66 under the policy, (UMF 3), but it did not pay the additionally billed amount of $53,335.91. (U...

Excerpt: ...ce 1986 and during her employment, she has been exposed to hazardous chemicals which have caused injuries to her internal organs, including multiple myeloma. Plaintiffs bring causes of action against multiple defendants including BSI for (1) negligence, (2) failure to warn, (3) design defect, (4) fraudulent concealment, (5) breach of implied warranties, and (6) loss of consortium. BSI demurs only to the fraudulent concealment cause of action. Pre...

Excerpt: ...matters. *** Defendant Bank of America, N.A.'s (“Bank”) demurrer to Plaintiff Reichelle Stallworth's first amended complaint (“FAC”) is ruled upon as follows. Bank's request for judicial notice is granted. In taking judicial notice of the recorded land documents, the court accepts the fact of their 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 ...

Excerpt: ...production of documents (RFPs), and to compel further responses to form interrogatories and special interrogatories, is GRANTED in part and DENIED in part. ** The court anticipates that multiple additional, complex discovery motions will be filed in this PAGA action. The court anticipates that the number of documents to be reviewed, the objections and the assertions of privilege will make the inquiry inordinately time consuming. (CCP §639(e).) T...

Excerpt: ...in 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 shall make Plaintiff available, by COURTCALL, at 9:00 a.m. on the date of the continued hearing date, which will be May 29, 2019, to participate in oral argument. Defendant Group X...

Excerpt: ...n April 17, 2019, Defendant served a substitution of attorney, relieving its counsel representation, without retaining new counsel. Defendant now lacks legal representation. Plaintiff moves to strike the Answer and Cross‐Complaint on the grounds that Defendant is a corporate entity and thus cannot represent itself. However, the Answer and Cross‐Complaint were properly filed when Defendant was represented by counsel. Accordingly, grounds to no...

Excerpt: ...* Defendant California Department of Forestry and Fire Prevention's demurrer to plaintiff Confer's First Amended Complaint (“1AC”) is ruled upon as follows. Factual Background This action arises out of plaintiff's prior employment with defendant. Plaintiff was hired by the defendant department in early 2009. In 2013 she was involved in a motor vehicle accident which caused her some permanent disability and many absences thereafter. Ultimately...

Excerpt: ...n separate claims denominated as causes of action, is premised on various allegations relating to an aborted foreclosure of plaintiff's home. Defendant CRC demurred to the complaint on the grounds the allegations were fatally uncertain and failed to plead facts sufficient to state a cause of action including that plaintiff's claims were barred by the statute of limitations, the privileges CRC is granted under California law, the fact that no fore...

Excerpt: ... or application to seal those documents lodged conditionally under seal on or about 4/22/2019, those documents lodged conditionally under seal will be filed and will thereafter by accessible by the public. These consolidated actions were settled at a settlement conference in February 2019 by a written agreement signed by the parties. The terms of the settlement were stipulated to remain confidential. According to the amended notice of motion file...

Excerpt: ...pts 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.) Overview This is an elder abuse and negligence action arising out of Plaintiff's residency at Defendants' retirement home from 6/22/2018 to 9/9/2018. Plaintiff alleges that at the time she was admitted to the facility, she suffe...

Excerpt: ...ll 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. *** Defendant Union Carbide Corp.'s (“UCC”) motion for summary judgment is ruled upon as follows. A. Overview This action is based on Plaintiff John Porter's exposure to asbestos in joint compound manufactured by Georgia Pacific and Kaiser Gypsum. He used...

Excerpt: ...or judicial notice is granted. Plaintiff's objections to the Declaration of Mariana Tiznado‐Bryant are OVERRULED. The Court need not rule on Plaintiff's objections to the Declaration of Steven Benjamin and the Supplemental Declaration of Mariana Tiznado‐Bryant since the Court did not consider the objected to evidence in ruling on the motion. The Court notes that Wellspace filed an oversized reply brief without prior Court approval. Fu...

Excerpt: ...ere a party refuses to comply with an administrative subpoena, the head of the department may petition the Court for an order compelling compliance. Thereupon the Court can issue an OSC requiring the party to appear and show cause why it has not responded to the subpoena. (Gov't Code § 11188.) The relevant inquiry under Gov't Code § 11188 is whether the subpoena was “regularly issued” in accordance with §§ 11180‐11185. (Fielder v. Berke...

Excerpt: ...g, (3) promissory estoppel, (4) negligence, and (5) fraud. Plaintiff also seeks to recover punitive damages and attorneys' fees. (Compl. at 1‐14.) This case arises from a borrower signing home loan origination documents in a name other than her legal name. Later, she divorced her husband, who was also her coborrower on the loan. Defendant allegedly stopped automatic withdrawals of mortgage payments from her account due to her husband's bankrupt...

Excerpt: ...e Answers. Plaintiff opposes. (Opp'n at 1‐3.) Background This is a nonjudicial foreclosure case involving allegations of unfair competition. Trial is currently set to commence on 9/16/2019. Request for Judicial Notice Defendants' Request for Judicial Notice (“RJN”) (Register of Actions (“ROA”) 179, which attaches court records from a previous Sacramento Superior Court action involving these same parties, is unopposed and is GRANTED purs...

Excerpt: ...t an emergency hearing was set for May 1 in the United States Bankruptcy Court for the Northern District of Texas, Case No. 17‐30355‐HDH, the outcome of which could substantively effect this motion. Accordingly, this motion was continued to May 16. After the Bankruptcy Court issued its order, the parties submitted separate briefs regarding same. At that time, VSP informed the Court that it filed a Motion for Reconsideration of the Bankruptcy ...

Excerpt: ...rwise assert that substantially‐compliant responses to defendant's requests for admissions have to date been served. Instead, the opposition does little more than argue that requests for admissions are “false and untrue.” However, all plaintiff needs to do to defeat the present motion is to serve “before the hearing on the motion” proposed responses that are in substantial compliance with the requirements of Code of Civil Procedure §20...

Excerpt: ...e specific discovery requests that will be addressed at the hearing. Counsel are also reminded that pursuant to local rules, only limited oral argument is permitted on law and motion matters. *** The notice of motion does not comply with Code of Civil Procedure §1010 or CRC Rule 3.1110(a). This is an elder abuse case which was filed on 8/7/2018. On 12/10/2018 VHS served by mail its responses to plaintiffs' form and special interrogatories, notin...

Excerpt: ...tify the clerk and opposing counsel at the time of the request which of the moving Defendants' 106 Undisputed Material Facts 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. *** Moving counsel failed to comply with CRC Rule 3.1350(b), requiring that issue(s) presented for summary adjudication be s...

Excerpt: ... Defendant Mike Thomas' demurrer to plaintiff's First Amended Complaint (“1AC”) is ruled upon as follows. Plaintiff's counsel failed to comply with CRC Rule 3.1113(f). Factual Background This action arises out of plaintiff's prior employment with defendant City of Sacramento's (“City”). Plaintiff was hired by City in early 2014 but maintains she was constructively terminated and forced into early retirement on or about 1/5/2018. She comme...

Excerpt: ...plaintiff 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. *** Defendant California Pharmacy and Compounding Center, Inc.'s (“CPCC”) motion for summary judgment is ruled upon as follows. Overview This is a putative class action. The representative plaintiff is Matt Gelso, Jr. (Gelso). Gelso alleges th...

Excerpt: ...tors is ruled upon as follows. I. Factual Background JFURTI filed suit in New York against defendants/judgment debtors Suneet Singal (“Singal”) and several business entities, ultimately obtaining a multi‐million dollar judgment. JFURTI sought and obtained the entry of a sister state judgment here in California in 2018 and is currently attempting to collect on the judgment through a variety of means. By this motion, JFURTI move for an order:...

Excerpt: ...e, when Arreola was negotiating a right‐hand curve at approximately 30 mph. He observed an object or animal on the roadway and made a turning movement to the left and braked to avoid it. The turning movement took him into the dirt and gravel shoulder and the car collided with a tree. Plaintiff filed the action against Arreola on 12/14/2015. On 11/6/2014, Plaintiff was in a car accident with Jessica Williams (“Williams”). Plaintiff was drivi...

Excerpt: ... 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 for an order compelling further responses to Defendant's special interrogatories, set one (“SIs”) and request for production of documents, set one (“RFP...

Excerpt: ...is a pregnancy discrimination action arising out of Plaintiff Brook Huangs' (“Plaintiff”) employment with Defendant. Plaintiff was hired by Defendant around September 2013, after Defendant acquired Golden State Collision (“GSC”). At the time of the acquisition, Plaintiff worked for GSC. Before the acquisition closed, a group of Defendant's employees visited the GSC location where Plaintiff worked and offered the GSC employees the opportun...

Excerpt: ... was filed in early 2017. The original trial date of 4/22/2019 was recently continued by stipulation and order to 9/23/2019. Moving defendants seek to file a cross‐complaint for indemnity against not only the other defendants but also one new party which is alleged to have expressly agreed to indemnify moving defendants. Plaintiff opposes. Although plaintiff is correct that the proposed indemnity cross‐complaint is not compulsory but rather i...

Excerpt: ... plaintiffs seek an order compelling non‐parties' compliance with subpoenas. To add to the confusion, the notice of motion by its own terms indicates that plaintiffs are seeking an order compelling compliance with only a singular subpoena, while the moving papers elsewhere suggest plaintiffs are actually seeking to compel compliance with several subpoenas. Moreover, for unknown reasons, the notice of motion does not identify by name those non�...

Excerpt: ...e 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.) Overview This case follows entry of a money judgment in Solano County Superior Court against plaintiff herein Arthur Scott Dockter (“Dockter”) in 1998. In his first amended complaint (“FAC”), D...

Excerpt: ..."Lease"). Defendant OM Fitness, LLC ("OM") is the guarantor of PFLLC's obligations under the Lease. PFLLC ceased paying rent on October 1, 2018 and has paid no rent since then. (Declaration of Frederick Vitt (“Vitt Decl.”), ¶ 2.) In November 2018, Plaintiff filed its first action against PFLLC and OM. (Sacramento Superior Court, Case No. 34‐2018‐ 00244607.) In December 2018, Department 53 granted Plaintiff's writ ...

Excerpt: ... As a result, Plaintiff must obtain pre‐filing order from the Presiding Judge before he can file new litigation in pro per. At the time Plaintiff was declared a vexatious litigant, the instant action was pending. Subsequent to the vexatious litigant finding, Plaintiff filed a First Amended Complaint and Second Amended Complaint in this action, which added a number of new defendants, DOE defendants and causes of action. On December 12, 2018, Pla...

Excerpt: ...ruling. The Governor's demurrer to the first amended complaint (FAC) is SUSTAINED in part without leave to amend and DROPPED in part as moot. The Governor's motion to strike is DROPPED as moot. The Governor's request for judicial notice (RJN) is GRANTED. In the absence of any prejudice, the Governor's objection to the addition of CDCR Secretary Scott Kernan as a defendant is OVERRULED. Overview Plaintiff Michael Shannon advances a variety of ...

Excerpt: ...fifth cause of action for declaratory relief which is directed solely against JCC. Plaintiff alleges that “under protest,” she has paid the $150 non‐refundable fee required by Code of Civil Procedure §631(b) “in order to preserve his [sic] right to a jury trial” and that there is an “actual controversy” over whether this $150 charge is “a lawfully enacted [sic] fee” or “an unlawfully enacted [sic] tax” inasmuch as §631(b) ...

Excerpt: ...to rule, leave to amend is granted. Sutter Health's request for judicial notice is GRANTED. Sutter Health further asks for an order stating that Plaintiff should not be permitted to remain an anonymous litigant, citing CCP § 367, which says that a case must be prosecuted in name of real party in interest. Sutter Health contends that Plaintiff has not demonstrated any interest in preserving her anonymity. However, this request is not a proper bas...

Excerpt: ...Plaintiffs”) prayer for injunctive relief must be stricken because (1) Plaintiffs have not sufficiently pled a cause of action to support such relief, and (2) their claims are barred by GM's defenses. Plaintiffs oppose. As the Court sustained GM's demurrer in its entirety with leave to amend, the Motion to Strike is GRANTED with leave to amend. The minute order is effective immediately. No formal order pursuant to CRC Rule 3.1312 or further not...

Excerpt: ...nto City Unified School District (“SCUSD”) who now alleges that the latter and several of its employees including defendant Molina violated her rights after learning she had been raped off campus by fellow students. It is alleged that plaintiff attempted suicide in June 2016, was hospitalized and later diagnosed with depression and post‐traumatic stress disorder as a result of the rape and her treatment by defendants, causing her to lose he...

Excerpt: ...efendant's 25 Undisputed Material Facts, plaintiff's 52 Additional Material Facts and/or defendant's 14 Additional Material Facts 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. *** Moving counsel failed to comply with CRC Rule 3.1350(b), requiring that the issue(s) presented for summary adjudica...

Excerpt: ...o amend, plaintiff shall be prepared to specifically discuss the new or different facts which may now be alleged in good faith to overcome the deficiencies noted below. *** Factual Background Plaintiff is a former student at a school in the SCUSD who now alleges that the latter and several of its employees violated her rights after learning she had been raped off campus by fellow students. It is alleged that plaintiff attempted suicide in June 20...

Excerpt: ...t Perdue Foods, LLC's demurrer to Plaintiffs Esther Fay Suckle as Trustee of the Suckle 1999 Living Trust, et al.'s First Amended Complaint (“1AC”) is OVERRULED, as follows. The Notice of Demurrer does not provide the correct address for Dept. 53/54. Factual Background This is an action for breach of a purchase and sale agreement (“PSA”) between Defendant and Plaintiffs over Defendant's use of groundwater. Plaintiffs allege that in May 20...

Excerpt: ... the tentative ruling but also to make plaintiff in pro per Clark available by telephone for the hearing. The tentative ruling issued in advance of the original hearing date is set forth below. The demurrer of defendant Steve White, Judge, to the complaint of plaintiff in pro per Clark is UNOPPOSED and is SUSTAINED without leave to amend, as follows. The complaint in this action is largely incoherent but appears to relate to plaintiff's prior cri...

Excerpt: ... as having been issued on January 10, 2019. The order was actually issued on December 10, 2018. (ROA 95). Plaintiff moves to set aside the order pursuant to CCP 411.20, claiming it is void because Fischer failed to pay the filing fee for the demurrer. The Court observes that the caption of the demurrer states "Exempt from Filing Fees pursuant to Government Code § 6103." Plaintiff claims that since Fischer is not a government employee, he...

Excerpt: ...motion matters. *** Plaintiff The California State Grange's (“Grange”) motion to compel further responses to Special Interrogatories is ruled upon as follows. Grange's request for judicial notice is granted. The Verified Complaint in this matter states a single cause of action seeking to avoid an allegedly fraudulent transfer of $80,000 from California Guild ("Guild") to Defendant Robert McFarland (“McFarland”). The Complaint alle...

Excerpt: ...during her residence at Ivy Ridge Retirement Home from June 22, 2018 to September 9, 2018, including pressure ulcers, dehydration, sepsis, pain, suffering, and emotional distress. On March 19, 2019, Defendants served seven deposition subpoenas for business records from (1) Green Belt Care Home, (2) UC Davis Medical Center, (3) UC Davis Medical Center‐ Patient Financial Services, (4) UC Davis Medical Center ‐ Radiology Department, (5) UC Davis...

Excerpt: ...o Exhibit B, which is not properly the subject of judicial notice under Evidence Code section 452. Sepanski's Request for Judicial Notice is GRANTED. As to both requests for judicial notice, the Court notes that the taking of judicial notice does require acceptance of the truth of factual matters that might be deduced therefrom, since in many instances what is being noticed, and thereby established, is no more than the existence of such acts and ...

Excerpt: ...ners or others jointly owning or interested in any property or fund, on the application of the plaintiff, or of any party whose right to or interest in the property or fund, or the proceeds thereof, is probable, and where it is shown that the property or fund is in danger of being lost, removed, or materially injured." According to White, "[t]he present litigation revolves around Localis Restaurant, which is a continuing profitable busine...

Excerpt: ...endants”) is ruled upon as follows. Defendants' request for judicial notice is granted. Overview This case presents a hybrid business dispute and attorney‐client dispute. Plaintiff Eric White (“White”) alleges that in 2015, he and others decide to start a restaurant enterprise in which numerous restaurants would be opened. At BLF's and Burton's advice, it was decided that WCH Development, LLC (“WCH”) would be established as the managi...

Excerpt: ... 4, 5, 7 and 9, and granted the motion as to these categories. The Court denied the motion as to the rest. The Court ordered Defendants to produce a PMQ on or before 2/28/2019. (ROA 137.) Plaintiffs attempted to meet and confer with Defendants regarding deposition dates. (Declaration of Vanessa Oliva, ¶¶ 11‐14.) Defendants did not respond to Plaintiffs' requests. (Id.) Plaintiffs filed the instant motion on 3/21/2019. In opposition, Defendant...

Excerpt: ...or unions American Federation of State, County, and Municipal Employees, Local 3299 (AFSCME) and University Professional and Technical Employees, CWA Local 9119 (UPTE) (together, the “Unions”). On March 19, 2019 the Court granted PERB's motion for a Temporary Restraining Order (“TRO”), brought pursuant to Cal. Gov. Code §3563, subd. (i). The TRO enjoined the Unions from calling on 34 essential employees of UC to strike from May 7 to 10, ...

Excerpt: ...and moved out before the expiration of their lease due to structural damage, including roof and internal water leaks. Plaintiff initially named several communication companies, including AT&T and Pacific Bell as defendants. Plaintiff alleges that it entered into a lease with these companies related to the installation, operation, and maintenance of mobile/wireless communication services and equipment. Plaintiff filed its complaint on 9/26/2017. P...

Excerpt: ...and 38, is granted in part and denied in part as set forth below. Plaintiff's concurrent motion for monetary sanctions in the amount of $2,796.50 is denied. Defendant's counter request for sanctions in denied. Notice to Putative Class Members A threshold and core issue underpinning the parties' discovery disputes over most of the identified discovery requests is whether the putative class members are entitled to some form of prior notice and oppo...

Excerpt: ..., while at a Target store with his parents, he fell on a slippery spot on the floor and suffered a concussion. Cortez was approximately 17‐ months‐old at the time and was holding his father's hand. (See Undisputed Material Facts (UMF) 1, 3, 4; Opp. at 2:11‐13.) Target moves for summary judgment. Cortez opposes. Discussion Preliminarily, Cortez' request for a second continuance to complete discovery is denied. On 2/01/19, the court granted C...

Excerpt: ...efendant's 25 Undisputed Material Facts, plaintiff's 52 Additional Material Facts and/or defendant's 14 Additional Material Facts 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. *** Moving counsel failed to comply with CRC Rule 3.1350(b), requiring that the issue(s) presented for summary adjudica...

Excerpt: ...wsuit in March 2017. Throughout the litigation, Shacklefoot's sole cause of action has been one for motor vehicle negligence. Among the defendants are One Call Medical, Inc. (NJ) dba One Call Care Management, and Zonecare USA of Delray, LLC (FL) dba One Call Care Transport + Translate (collectively “One Call”) (sued as One Call Care Management, One Call Medical, Inc. and Coral Acquisitions, Inc.). Shacklefoot alleges that “One Call provides...

Excerpt: ...t is permitted on law and motion matters. *** Defendant California Department of Corrections and Rehabilitation's (“CDCR”) demurrer to plaintiff in pro per's Second Amended Complaint (“2AC”) is SUSTAINED with leave to amend, as follows. Plaintiff in pro per failed to comply with CRC Rule 2.111(3). Factual Background This action arises from plaintiff's employment with CDCR, where he had worked for over 23 years before retiring on 3/1/20018...

Excerpt: ...lliot & Sons (collectively “Plaintiffs”). They allege that they are farmers whose crops were damaged after an herbicide was used on an adjacent property. Plaintiffs allege that Defendants and others recommended and sold the herbicide, and that Defendants and others supervised the herbicide's application. The FAC contains causes of action against Defendants for negligence, trespass, nuisance, strict liability for ultrahazardous activities and ...

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 in person or by telephone. Opposing counsel failed to comply with CRC Rule 2.111(3) and Rule 3.1110(b)(3)‐(4)...

Excerpt: ...stem, 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 in person or by telephone. Factual Background Plaintiff filed suit in New York against defendants Suneet Singal an...