Excerpt: ...male, filed his original Complaint on April 1, 2022, alleging the following six causes of action: (1) race discrimination; (2) failure to prevent discrimination; (3) retaliation; (4) harassment; (5) negligent infliction of emotional distress ("NIED"); and (6) intentional infliction of emotional distress ("IIED"). On October 25, 2022, the Court sustained with leave to amend Defendant's demurrer to each of the six causes of action. Plaintiff then f...

Excerpt: ...ted. Factual and Procedural Background Plaintiff filed his Complaint on October 13, 2020, against SMP and Mr. Phelps arising from SMP's repair to his foundation by installing 20 push piers. Plaintiff alleges the repair caused structural and cosmetc damage to his house. (ROA 1.) Subsequently, SMP and Mr. Phelps (collectively, "Cross-complainants") filed a Crosscomplaint against SFA on December 11, 2022, alleging claims for negligence, contribution...

Excerpt: ...aintiff at a private mediation the parties participated in on July 22, 2022, pursuant to Code Civ. Proc„ S 664.6. The mediation resulted in a negotiated settlement, memorialized in a Stipulation for Settlement ("Stipulation"), which was signed by Plaintiff and her counsel of record at the time, as well as Defendant Thompson and counsel of record for Defendants. (Goulding Decl., "1 34 and Ex. B.) The Stipulation includes detailed terms of an agr...

Excerpt: ...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. *** Cross-Defendant Ronald L Rasmussen, D.D.S.'s ("Rasmussen") motion for summary judgment is ruled upon as follows. As an initial matter, Rasmussen's request for judicial notice is granted. I. Procedural History Plaintiff Lisa Vaughn ("Plaintiff") filed her complaint in this action a...

Excerpt: ...sel immediately of the tentative ruling system and to be available at the hearing, via Zoom or by telephone, in the event opposing counsel appears without following the procedures set forth in Local Rule 1.06(B). FACTS/PROCEDURAL HISTORY Plaintiff Tyler Pasquini ("Plaintiff") commenced this action by filing his Complaint on June 20, 2022. (ROA 1.) Plaintiff alleges two causes of action: (1) "liability via ratification" against Mercer, and (2) neg...

Excerpt: ..."), was hit from behind by a vehicle driven by Defendant Francisco and owned by Defendant Magness (the two settling defendants), and collided with Plaintiff's vehicle, who was braking in front of him. (Moton to Contest, 1:3- 24.) Settling Defendants contend that Ahmed hit Plaintiff's car first, and then hit it a second time after being hit by Settling Defendants (Opposition, 3:25-4:2.) Plaintiff filed her complaint in this achon on August 4, 2022...

Excerpt: ...nd Frank were employed as finance salesmen, while Plaintiffs Williams and Nguyen were employed as vehicle salesmen. (Fensler Decl., 5-9.) As part of their employment, each Plaintiff signed agreements stipulating to submitting any employment-related claims to binding arbitration. (See Fensler Decl., 5.6- 9, and Exhs. A-D of Petition.) In this regard, the arbitration agreement states, in relevant part: "By signing my name below and/or by accepting ...

Excerpt: ...claim and costs to be determined. Plaintiff filed a Memorandum of Costs on December 28, 2022, and an Amended Memorandum of Costs on December 29, 2022. Plaintiff's Amended Memorandum of Costs seeks a total of $4,032.39, as follows: • Filing and motion fees - $478.50 • Jury fees - $200.50 • Deposition costs $1,209.67 • Service of process - $110 • Fees for electronic filing or service - $177.50 • "Other" - $1,855.22. Legal Standard In ru...

Excerpt: ...y of the tentative ruling system and to be available at the hearing, in person or via Zoom, in the event Plaintiffs' counsel appears without following the procedures set forth in Local Rule 1.06(B). Here, Defendant seeks to strike portions of paragraphs 1 and 16 in the FAC, and portions of the Prayer for Relief, seeking punitive damages and concomitant special damages under the Elder Abuse Act, as well as treble damages pursuant to Civil Code sec...

Excerpt: ... to improperly gain control of NIVANO through various means, including stock purchases, control of the board of directors, and other means, by which Plaintiff alleges that Patel improperly and unjustly enriched himself and his family. In October 2021, Plaintiff served fts initial round of discovery, including special interrogatories. In April 2022, Plaintiff NIVANO propounded additional sets of discovery, including set two of the special interrog...

Excerpt: ...Northeast Partners v. Buice (1996) 49 Cal.App.4th 1576, 1582.) Here, Aaron Zepeda filed his Complaint on March 26, 2018, seeking partition of real property at 6914 Stoneman Drive in North Highlands, California. (ROA 1.) Plaintiff claimed he was the owner of an undivided one-half interest in the property, which was co-owned by Defendant. (Compl. 6-8.) Defendant filed a cross-complaint on April 18, 2018. (ROA 11.) Defendant's memorandum of points a...

Excerpt: ...anted. In taking judicial notce of these documents, the court accepts the fact of their existence, not the truth of their contents. (See 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 findings of the judge who was sitting as the trier of fact, is not entitled t...

Excerpt: ...8, 2022, Defendants filed a motion to compel Plaintiff's further responses to various written discovery sets. (ROA 364.) The moton sought further responses to the followng discovery: (1) Dr. Haddadan's Form Interrogatories, Set One, Nos. 12.1 and 17.1; (2) Dr. Haddadan's Special Interrogatories, Set One, Nos. 2, 5-6, 12, 13, 16, 19, 22, 25, and 28 (3) Dr. Haddadan's Request for Admissions, set one, Nos. 5-14, 23-36, and 32; (4) Advanced Pain's Re...

Excerpt: ...s a single cause of action for general negligence. Plaintiff alleges that on October 31, 2019, he was arrested at his home at 2625 Meadowview Road. Plaintiff further alleges that the Sacramento County Sheriff's Deputy who transported him negligently secured him in the back of the vehicle, and when the Deputy had to slam on the brakes, Plaintiff was thrown forward, hitting his head on the plexiglass divider and injuring his head, neck, and upper b...

Excerpt: ...om Trailers & Power Sports, Trinity Racing, Dynojet Research, Inc., and Does 1 through 100. Plaintiffs' initial complaint included three causes of acton: (1) strict liability; (2) negligence; and (3) breach of warranties. Plaintiffs allege that on September 26, 2020, they were traveling on a 2019 Polaris RZR Turbo S in Butte County when the vehicle spontaneously caught fire. According to the operative first amended complaint ("FAC"), Plaintiff To...

Excerpt: ... a series of written agreements between the parties related to the development of solar technology and the sale and installation of solar panels for residential and commercial use. According to Plaintiffs, in 1986, Defendant founded a company called "Total Access Communications, Inc." In 1990, the company was suspended by the California Franchise Tax Board and never revived, and has thus been barred from conducting business since then. In 2013, D...

Excerpt: ...a writing signed by the parties outside of the presence of the court or orally 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." (CCP S 664.6(a).) This is a debt collection action. Plaintiff and Defendant Keith Jones ("Defendant") entered into a written settlement agreement on or about December 13, 2021. (Karayan Decl., 3, Exh. 1 (hereafter, "Settlem...

Excerpt: ...laintiff filed her Complaint against Defendant on February 7, 2022. Defendant filed its Answer to the Complaint on June 28, 2022. Trial is currently scheduled for April 15, 2024. By this motion, Plaintiff seeks to compel Defendant to produce its Person(s) Most Knowledgeable ("PMK") and documents responsive to Plaintiff's Notice of Deposition of Piaggio Group Americas, Inc.'s Person(s) Most Knowledgeable, With Production of Documents, pursuant to ...

Excerpt: ...OSED and GRANTED. Plaintiffs' request for judicial notice of all pleadings and papers filed in this achon is granted. In taking judicial notce 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 find-ngs of fact are true]; Steed v. Department of Consumer Affairs (2...

Excerpt: ...") (collectively, "Plaintiffs") First Amended Complaint ("IAC") is ruled upon as follows. Defendants' request for judicial notice is granted. Factual and Procedural Background This action arises out of lease agreement entered into between NRH and Khyber LLC to lease the premises located at 1014 Riley Street, Suite 1, in Folsom, California (the "Premises") for a term of 10.5 years (the "Lease"). (IAC 16, Exh. A.) Mr. Ahmadzai executed a guaranty o...

Excerpt: ...lda Guerrero; Emiliano Guerrero, a minor, by and through his guardian ad litem, Esmeralda Guerrero; and Plaintiff JPG (collectively "Plaintiffs") allege injuries and damages. (See generally Comp'.) Pertinent here, Defendant highlights that Plaintiff JPG identified in his responses to form interrogatories that his injuries include "[e]motional and mental distress affecting Plaintiffs body and mind, including as manifested through sadness, anxiew, ...

Excerpt: ...nty of Sacramento ("Defendant" and/or "County") produced the sought-after dtNument responsive to that RFP, so Plaintiff states in his reply that "the motion as to Request No. 171 is moot." (Reply 2:14-16.) The Court further notes that it did not consider the Declaration of Jill Telfer and the exhibits attached thereto filed in reply as they comprise new evidence to which Defendant has not had an opportunity to (See, e.g., Jay v. Mahaffey (2013) 2...

Excerpt: ...709.310 and Corporations Code section 17302 ("Section 17302"), Plaintiff argues that the Court should enter an order against Defendant, applying Defendant's interests in LSP toward the satisfaction of Plaintiff's Judgment against Defendant. Defendant opposes the motion. In opposition, also citing to Section 17302, Defendant argues that the Court can only charge the "assignable" membership interest of the judgment debtor to satisfy the judgment. p...

Excerpt: ...as 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. Moving Party's notice of motion does not provide notice of the Court's tentative ruling system, as required by Local Rule 1.06. Counsel for Moving Party is directed to contact the opposing party and advise counsel of Local Rule 1.06 and the Court's tentative ruli...

Excerpt: ...e parties outside of the presence of the court or orally 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." (CCP S 664.6(a).) This is a debt collection action. Plaintiff and Defendant Wee S. Chong ("Defendant") entered into a written settlement agreement on October 7, 2022. (Mulhorn Decl., 3, Exh. 1 (hereafter, "Settlement Agreement").) Plaintiff file...