Excerpt: ...Jerome F. Lipp, JFL LLC, and Re ReduX LLC's (collectively "Defendants") demurrer to Plaintiffs Saied Kian and Maria Kian's (collectively "Plaintiffs") first amended complaint (“FAC”) is ruled upon as follows. As an initial matter, the Court observes that the parties met and conferred via written correspondence. CCP § 430.41(a), however, provides that the parties are required to meet and confer "in person or by telephone" prior to filing the ...

Excerpt: ...Jerome F. Lipp, JFL LLC, and Re ReduX LLC's (collectively "Defendants") demurrer to Plaintiffs Saied Kian and Maria Kian's (collectively "Plaintiffs") first amended complaint (“FAC”) is ruled upon as follows. As an initial matter, the Court observes that the parties met and conferred via written correspondence. CCP § 430.41(a), however, provides that the parties are required to meet and confer "in person or by telephone" prior to filing the ...

Excerpt: ...ncorporates that discussion into this ruling. Additional background is provided in this ruling for context. Although Jay's Mobile is a sole proprietorship and thus legally indistinct from Bryant, Plaintiff's complaint specifically names Jay's Mobile and Bryant as defendants to the breach of fiduciary duty cause of action. Moreover, the present motion to strike has been brought only by Jay's Mobile. Via this motion, Jay's Mobile seeks to strike pa...

Excerpt: ... Employment and Housing Act (“FEHA”); (2) age discrimination under FEHA; (3) failure to correct under FEHA; and (4) defamation. Plaintiff alleges that he was employed by Defendant for over 30 years and ultimately reached the position of Area Manager. However, on March 22, 2019, Plaintiff complained of discrimination, bullying, and harassment by Defendant's Vice President Randy Billingsly. Plaintiff alleges that the harassment and discriminati...

Excerpt: ...iling of the original complaint by Plaintiffs Glenda C. Perry, by and through her successor-in-interest, Dennis E. Perry, Dennis E. Perry individually, and William M. Perry, David E. Perry, and Judith C. Ducioame, all individually. For the sake of clarity, the Court sometimes will refer to the plaintiffs by their first names. Glenda is the “elder” whose alleged abuse forms the basis of this case. Glenda is deceased and has been deceased since...

Excerpt: ... Defendant on or about December 19, 2021. (SAC, ¶ 8; Exh. A.) In March of 2016, the parties renewed the lease for an additional five-year term. (SAC, ¶ 9.) In March of 2021, during discussions about renewing the lease for an additional five-year term, Plaintiff expressed to Defendant that he needed to have signage for his furniture store that he operated from the leased property. (SAC, ¶ 10.) Defendant informed Plaintiff that he would be allow...

Excerpt: ...). The complaint includes two causes of action: (1) dependent adult abuse and neglect brought by Plaintiff Ronnie Grant Sr. by and through his Successor-in-Interest, Tricia Grant, and (2) wrongful death brought by Plaintiff Tricia Grant individually. Concurrent with this motion to seal, Defendants have moved for summary judgment as to Plaintiffs' entire complaint. Via this motion, Defendants seek to file under seal Mr. Grant's medical records fro...

Excerpt: ...collectively, “Plaintiffs”) Second Amended Complaint (“2AC”) is DENIED. 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 the problem. Plaintiffs filed this action on April 2, 2019, a...

Excerpt: ...wage, unpaid wages, and breach of contract against Defendants. Plaintiff seeks summary adjudication of his second cause of action against Triangle on the ground Triangle has admitted it failed to pay wages owed. Plaintiff presents the following material facts in support. Triangle employed him beginning in February of 2021 as an employee in the position of interim Chief Financial Officer. (UMFs 2, 3.) Plaintiff worked for Triangle from February 20...

Excerpt: ...ed upon defective service has been waived. The notice of motion does not provide notice of the Court's tentative ruling system as required by Local Rule 1.06(D). Plaintiff is ordered to notify Defendant immediately of the tentative ruling system and the manner to request a hearing. If Plaintiff is unable to contact Defendant prior to hearing, Plaintiff is ordered to appear at the hearing. This is an employment discrimination and retaliation case ...

Excerpt: ...l (833) 568-8864 and enter the Zoom ID: 16146506749. Defendants J. Lynch and A. Swinney, Jr.'s (collectively, “Defendants”) demurrer to incarcerated plaintiff in pro per Allen Hammler's (“Plaintiff”) Complaint is UNOPPOSED and SUSTAINED with leave to amend. The notice of motion does not provide notice of the Court's tentative ruling system, as required by Local Rule 1.06. Moving counsel is directed to contact Plaintiff and advise him of L...

Excerpt: ... 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 Mr. Kamilchu need not request oral argument. The Litigation Coordinator shall make Mr. Kamilchu available, by Zoom telephonically, at 9:00 a.m. on the date of the continued hearing date, which will be March 7, 2023, to participate in oral argument. To appear o...

Excerpt: ... Ranganath Pathak, M.D.'s (“Defendant”) demurrer to plaintiff Jane Doe's (“Plaintiff”) First Amended Complaint (“1AC”) is ruled upon as follows. Plaintiff filed her Complaint on April 15, 2022. Plaintiff filed her 1AC on September 16, 2022, alleging the following causes of action: (1) fraudulent misrepresentation; (2) sexual battery; (3) sexual harassment pursuant to Civil Code § 51.9; (4) negligent hiring, supervision, and retention...

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 State of California Department of Corrections and Rehabilitation's (“CDCR”) motion for summary judgment, or in the alternative, summary adjudication is ruled upon as follows. CDCR fails to comply with CRC Rule 3.1110(f)(3) which requires that each pap...

Excerpt: ...nnection with the purchase, he received an express warranty. During the warranty period, the vehicle contained or developed various defects. Plaintiff filed his complaint on August 17, 2022. NNA moves to compel arbitration pursuant to the Retail Installment Sale Contract – Simple Finance Charge (With Arbitration Provision) (“RISC”) which Plaintiff signed with the Dealer. NNA is not a signatory to the RISC. The arbitration provision provides...

Excerpt: ... Defendants with various wage-and-hour causes of action. Defendants filed their answer through their former counsel, Larry M. Kazanjian, on June 26, 2020. (ROA 9.) On July 19, 2022, the Court granted Mr. Kazanjian's motion to withdraw as counsel for Defendants, leaving Defendants briefly unrepresented in this action. (ROA 29.) On October 31, 2022, Defendants' current counsel, Matthew R. Schoech, substituted in as counsel of record. (ROA 38.) At t...

Excerpt: ...leges he was riding as a passenger in a RZR-type vehicle being driven by Defendant Christian Madrigal on the subject real property when the vehicle overturned and caused Plaintiff significant injuries. Plaintiff's complaint lists two causes of action: (1) premises liability and (2) general negligence. The complaint initially named as defendants Christian Madrigal, A.V. Irrevocable Settlement Trust, Cynthia Taylor, and David Taylor. Defendant A.V....

Excerpt: ...opposition was due on February 6, 2023 based on the February 21, 2023 hearing date. Indeed, Defendant had filed a “reply” that was essentially a notice that no opposition was filed on February 10, 2023. (ROA 27.) The Court has considered Plaintiff's opposition in its ruling to the extent Plaintiff's arguments are applicable, despite the fact that it was untimely filed. Plaintiff filed his original complaint on June 14, 2022. (ROA 1.) He filed...

Excerpt: ...d Does 1 to 25 (collectively "Kamilos" or "Defendants") in the amount of $998,432 is DENIED as follows. Objections to Evidence Kamilos' objections to the Declaration of Kenneth Allred are overruled. Factual and Procedural Background On or about January 30, 2020, Plaintiff and Kamilos entered into a settlement agreement (the "Settlement Agreement"), which had an effective date of September 30, 2019, to compensate Plaintiff for unpaid services that...

Excerpt: ... Plaintiff alleges Solomone was driving under the influence and with a suspended license. The vehicle was owned by Defendant. Plaintiff filed the original Complaint on March 1, 2021, and the operative 1AC on November 30, 2022. The 1AC alleges claims for negligence against Solomone and negligent entrustment and owner liability pursuant to Vehicle Code § 17151(a) against Defendant. Plaintiff seeks an award of punitive damages. As to Defendant, Pla...

Excerpt: ... discovery into any causes of action on the grounds they are not subsumed by the Uniform Trade Secrets Act, and an order declaring that Plaintiff's “Amended Designation of Trade Secrets Pursuant to Code of Civil Procedure Section 2019.210” (“SAD”) (Plaintiff's Exh. 2) complies with § 2019.210. The notice of motion must state in writing the "grounds upon which it will be made." (Code Civ. Proc., § 1010) Only the grounds specified in the ...

Excerpt: ...he “Sac Metro Fire Defendants”) alleged failure to diagnose a heart attack suffered by Mr. White on March 29, 2020, after Mrs. White's 911 call, and defendant Dignity Health dba Mercy Hospital of Folsom's (“Dignity Health”) alleged failure to promptly treat said heart attack. Sacramento Metro Fire District, Mr. Kellogg, Mr. Reed, Mr. Gray, and Dignity Health shall be collectively referred to herein as “Defendants”. Plaintiffs filed th...

Excerpt: ...tiff at Defendant's request. A judge must grant a motion for summary judgment if all the papers submitted show that there is no triable issue as to any material fact and that the moving party is entitled to judgment as a matter of law. (CCP § 437c, subd. (c); Mann v. Cracchiolo (1985) 38 Cal.3d 18, 35) Summary judgment is properly granted only if the moving party's evidence establishes that there is no issue of material fact to be tried. (Lipson...

Excerpt: ...lleges Defendant breached the lease and has failed to pay the balance due thereunder. Plaintiff moves for summary judgment as to its entire case on the grounds there are no triable issues of material fact and there is sufficient evidence to entitle it to a judgment against Defendant in the amount of $33,516.50. Legal Standard A plaintiff moving for summary judgment meets its burden of showing that there is no defense to a cause of action if that ...

Excerpt: ... disregarded by the Court. (City of Arcadia v. State Water Res. Control Bd., (2010) 191 Cal.App.4th 156, 180, as modified on denial of reh'g (Jan. 20, 2011).) This action arises out of an auto accident that occurred on June 20, 2018, on Riverside Boulevard in Sacramento when Plaintiff changed lanes in front of Defendant and then slammed on his brakes to avoid geese crossing the road. On December 11, 2020, Plaintiff filed the form Complaint for pe...

Excerpt: ...w and motion matters. *** Plaintiffs' motion to compel Defendant Fedex Ground Package Systems, Inc.'s further responses to request for production of documents, set one, and for further production of documents is ruled upon as follows. Per the Joint Statement, the only RFPs that remain in dispute are RFP Nos. 9-12. RFP No. 9: “Any and all DOCUMENTS constituting insurance policies (including primary and excess policies) under which Responding Par...

Excerpt: ...ewear measurement technology for use by optometrists and their offices. (First Amended Complaint (“1AC”) ¶ 8.) VSP alleges PFO was unable to timely meet its obligations causing VSP to exercise its “Step-InRights” under the Agreement and take over various PFO functions, such as hiring and paying third parties to fulfill the development obligations. (1AC ¶¶ 27-31.) VSP alleges because PFO was never able to show it had the resources to pe...

Excerpt: ...s. Plaintiff in pro per Kirk D. Williams (“Plaintiff”) filed this action September 10, 2021 via a form complaint with causes of action for general negligence and intentional tort. On June 14, 2022, the Court sustained Defendant Sacramento County Conflict Criminal Defenders' (“SCCCD”) unopposed demurrer to Plaintiff's complaint. (ROA 30.) The Court also granted Plaintiff leave to file a first amended complaint by July 29, 2022. ( Ibid.) Pl...

Excerpt: ...ng counsel prior to hearing, moving counsel is ordered to appear at the hearing by Zoom. Defendant Nissan North America, Inc.'s (“Defendant”) motion to compel arbitration and stay proceedings is DENIED as follows. Background Plaintiff Juana E. Gonzalez (“Plaintiff”) filed this lemon law action on March 2, 2020 and alleged five causes of action under the Song-Beverly Act, one cause of action under the federal Magnuson-Moss Warranty Act, an...

Excerpt: ...for and was issued a credit card by Plaintiff pursuant to a written agreement. Under the terms of the agreement, Defendant agreed that use of the credit card constituted acceptance of the agreement. The agreement obligated Plaintiff to pay vendors for charges made by Defendant, and for Defendant to periodically repay Plaintiff the amount paid to the vendors plus interest as it accrued. Defendant made charges on the account and Plaintiff complied ...

Excerpt: ...y” that is cited. Defendant Morton Gold LLC's (“Defendant”) motion for summary judgment or, alternatively, summary adjudication, is GRANTED as follows. The Court notes that Plaintiff's opposition brief requests the Court to disregard the documents submitted by Defendant in its request for judicial notice, which consist of prior complaints filed by Plaintiff in unrelated cases. The Court has not considered this evidence in its ruling, and th...

Excerpt: ...rocedural History This action concerns Plaintiff's medical records regarding his placement on a 5150 hold in November of 2016 after he presented at the UC Davis Medical Center emergency department complaining of heart palpitations. This is the second of three actions that Plaintiff has filed against Defendant. In the first action (Sacramento County Court Case No. 34-2019-00267042), Plaintiff alleged, inter alia, that he was falsely imprisoned by ...

Excerpt: ...e ruling 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 by Zoom. Plaintiffs filed the underlying complaint in this case on January 10, 2022 against Defendants ...

Excerpt: ...st set of Special Interrogatories, numbers 1 and 2, is ruled upon as follows. Angel filed separate motions for each set of discovery, which is preferred by the Court, but the Court will address both motions herein. The Court also notes Angel filed the same points and authorities for both motions, while Polaris filed an omnibus opposition brief to both motions. Angel has indicated the incorrect address in its notice of motion. The correct address ...

Excerpt: ...dant as Mami Group, Inc. dba MGI Motors. Factual and Procedural Background This action involves the purchase and sale of a used vehicle. Plaintiff Nicholas Tinney (“Plaintiff”) filed his Complaint on March 17, 2022, alleging the following five causes of action: (1) intentional misrepresentation; (2) negligent misrepresentation; (3) violation of Business & Professions Code § 17200; (4) bond claim; and (5) violation of the Consumer Legal Remed...

Excerpt: ...ises from the chiropractic care and treatment provided by Plaintiff by Defendant at The Joint Chiropractic's Natomas location on January 5, 2022. Plaintiff alleges she sustained injuries during the chiropractic treatment. Defendant moves for summary judgment on the grounds: (1) Defendant did not breach the applicable standard of care regarding Plaintiff; and (2) did not, to a reasonable degree of medical probability, proximately cause or contribu...

Excerpt: ...n for Judgment on the Pleadings, Order Granting Defendants' Motion for Judgment on the Pleadings, and Judgment of Dismissal in the matter of Ghulam v. Aalemkhiel et al., Sacramento Superior Court Case No. 34-2016- 00199650 is unopposed and granted. Factual and Procedural Background In 2016, Plaintiff filed a Complaint against Defendant in the matter of Ghulam v. Aalemkhiel et al., Sacramento Superior Court Case No. 34-2016-00199650 (the “Prior ...

Excerpt: ...l (833) 568-8864 and enter the Zoom ID: 16146506749. Defendants J. Lynch and A. Swinney, Jr.'s (collectively, “Defendants”) demurrer to incarcerated plaintiff in pro per Allen Hammler's (“Plaintiff”) Complaint is UNOPPOSED and SUSTAINED with leave to amend. The notice of motion does not provide notice of the Court's tentative ruling system, as required by Local Rule 1.06. Moving counsel is directed to contact Plaintiff and advise him of L...

Excerpt: ...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. *** Defendants California Department of Veterans Affairs (“DVA”) and Ramon Carlos' (“Carlos”)(collectively “Defendants”) motion for summary judgment, or in the alternative, summary adjudication is ruled upon as follows. I. Overview This is an employment a...

Excerpt: ...mmary judgment. In its June 1, 2022 tentative ruling, the Court noted that “[o]n May 18, 2022, the Court initially issued a tentative ruling indicating that the motion was moot on the basis that Plaintiff Gregory Smith, M.D., Inc. has dismissed its claims on February 25, 2022. However, as pointed out by Defendants' counsel, the dismissal was filed by Plaintiff Gregory Smith, M.D. an individual. The Court therefore continued the matter to today'...

Excerpt: ...IED as follows. This action was initiated on January 12, 2021 by Petitioner City of Citrus Heights (“Petitioner”) by the filing of a petition for an order to abate and appointment of receiver pursuant to Health and Safety Code section 17980.7. Petitioners presented evidence that a residential property owned by Respondent was in substandard condition and had been the subject of several complaints related to large accumulations of trash and deb...

Excerpt: ...0, 21, 26, 27, 29, 35, 36, 38, 41, 42, 122-133, 135, 138, 140, 144, 145, 148, and 149 are sustained. Objection Nos. 2, 5, 10, 13, 22, 23, 30, 31, and 65 are overruled. The Court does not rule on the remaining objections as they were related to evidence that was not considered or otherwise material to the Court's ruling on the merits of the motion. (See CCP § 437c(q); see also Taus v. Loftus (2007) 40 Cal.4th 683, 714 [describing anti-SLAPP motio...

Excerpt: ...o contact Defendant 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 Superior Court is 813 6th Street, Sacramento, California 95814. Plaintiff's counsel shall notify Defendant of the correct address immediately. Plaintiff State Farm Mutual Automobile Insurance Company's (“Pla...

Excerpt: ...ommon counts based on an open book account for money due and an account stated in writing between Plaintiff and Defendant. (Complaint, p. 3.) According to Plaintiff's computerized records of the loan, which are maintained in the ordinary course of Plaintiff's business, the remaining balance on the loan, including interest, totals $3,635.55. (UMF Nos. 7, 10.) Legal Standard CCP section 473c(c) requires that a motion for summary judgment be granted...

Excerpt: ...arrested Plaintiff at his home for a string of armed robberies that Plaintiff did not commit. Plaintiff brings three distinct causes of action: (1) general negligence, (2) false arrest, and (3) false imprisonment. Plaintiff also makes a claim for exemplary damages. (See Complaint at pp. 4-7.) Plaintiff initiated this action on September 27, 2021 by filing a personal injury/property damage complaint on Judicial Council Form PLD-PI-001. Also on Sep...

Excerpt: ...ity for the Elderly (“RFCE”) owned and operated by Defendants Caroline Kang, LLC dba Laguna Woods, RCFE, Caroline Kang, and Francis Kang (collectively, “Kang Defendants”). Plaintiffs allege that on September 20, 2017, Decedent was beaten with a metal cane by Defendant Mee Lai Fong and suffered a subdural hematoma that ultimately caused her death. Plaintiffs allege that the Kang Defendants knew of Ms. Fong's violent and menacing behavior, ...

Excerpt: ...cle along the Sacramento Bike Trail, just after its intersection with Freeport Boulevard.” (Compl. ¶ 2.) The Complaint alleges that, “an unknown individual and/or employee of Defendants… left the gate providing access to Freeport Boulevard open, allowing it to hang over the bike trail,” and Plaintiff, “struck the end of the subject gate, where the metal plate is located, while riding his bike along the bike trail…” (Compl., ¶ 3.) ...

Excerpt: ... a cause of action. Defendants Request for Judicial Notice of Plaintiff's Government Claim is granted. Background This action arises from the State's fire cleanup activities following the Camp Fire, including contracts entered into with private companies to assist with the cleanup. The 4AC alleges the State awarded fire clean‐up contracts to three prime contractors. One of the three primes, ECC Contractors LLC ("ECC"), entered into a subcontrac...

Excerpt: ...be ejected from his seat and hit his head on a metal bar. Plaintiff asserts that he now suffers from orthopedic and neurological injuries, including a traumatic brain injury and cognitive deficits. On December 8, 2022, the Court ordered plaintiff to undergo a Mental Examination on February 20, 2023. (ROA 87) The Trial Date is set for May 8, 2023. Defendant's motion is brought pursuant to Code of Civil Procedure Section 2025.610 on the ground that...

Excerpt: ... Frontier. Defendant contends the Sales Contract with the dealer, the seller of the vehicle, contains a valid, written arbitration agreement (the "Arbitration Provision"). Defendant, the manufacturer, contends it may enforce the Arbitration Provision pursuant to the doctrine of equitable estoppel. As the California Court of Appeal held in Felisilda v. FCA US LLC (2020) 53 Cal.App.5th 486,496‐99, review denied (Nov. 24,2020), equitable estoppel ...

Excerpt: ...d by Defendant, and that defects allegedly became apparent during the warranty period. (Complaint ¶ 9.) Plaintiff alleges the subject vehicle had a defective battery and engine. (Id. ¶ 14.) Defendant had knowledge it would be unable to service or repair the vehicle to conform to the express warranties after a reasonable number of opportunities, yet it refused to re‐purchase the vehicle in violation of the Song‐Beverly Act. (Id. ¶ 27.) On M...

Excerpt: ...Plaintiffs entered into an express warranty contract with General Motors, Inc. [“Defendant”] regarding the subject vehicle. (Id., ¶¶ 9‐10.) During the warranty period, defects in the subject vehicle's battery became apparent. (Id., ¶ 14.) Plaintiffs also allege Defendant knew the vehicle was defective but it refused to offer to re‐purchase the vehicle in violation of the Song‐Beverly Act. (Id. ¶ 16.) Defendant also allegedly failed ...

Excerpt: ...mber 4, 2006, and a judgment was entered against the Defendant on December 27, 2006. The Judgment was renewed on September 4, 2015 in the sum of $12,264.30. Plaintiff levied on defendant's assets in 2021. Defendant contends she did not know of the judgment until 2022. Defendant states that early in the summer of 2022 she discovered there was a lien on her property. Defendant states that this case involved a Citibank credit card that was allegedly...

Excerpt: ...to and Grass Valley. (Complaint, ¶1.) Nivano's role is to bridge and manage the relationship between those involved in providing medical care and the patients in need of receiving it. (Ibid.) Nivano alleges that Patel and Kyle engaged in a scheme to illegally gain control of Nivano and then to illegally profit from its providers and their patients. (Id., ¶2.) There is no trial date. Nivano contends that the effect of the proposed amendment is t...

Excerpt: ...f alleges three causes of action for breach of warranty under the Song‐Beverly Consumer Warranty Act and that the Subject Vehicle developed defects and Defendant failed to conform the Subject Vehicle to the express and implied warranties. (Complaint ¶¶ 8, 10, 24.) When Plaintiff purchased the Subject Vehicle on June 23, 2017, she entered into a Retail Installment Sale Contract Simple Finance Charge (With Arbitration Provision) (the “RISC”...

Excerpt: ....1110(f) facilitates the Court easily finding the cited evidence. This action arises from a rear‐end automobile accident Plaintiff Kendra Brand (“Plaintiff”) was involved in on April 27, 2016, and Plaintiff's underinsured motorist coverage (“UIM”) with a limit of $30,000 under the Century‐National insurance policy at issue. Plaintiff settled with the at‐fault driver in July of 2017, and subsequently initiated a UIM claim with Centur...

Excerpt: ...r counsel. Prior to the initial due date for Defendant's responses, Plaintiff's prior counsel agreed to extend Defendant's deadline to March 1, 2022. On February 28, 2022, Defendant's counsel, Kelly Savage Day, was contacted by attorney Douglas E. Watts, who stated that Plaintiff's counsel at the time, Dean Royer, was shuttering his practice and would be withdrawing from the case. Mr. Watts indicated that he may be taking over as Plaintiff's coun...

Excerpt: ... 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 by Zoom. The parties' requests for judicial notice are both unopposed and granted. Background Plaintiff Raphael Hernandez (“Plaintif...

Excerpt: ... 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 Wells Fargo Bank, N.A.'s (“Defendant” or “Wells Fargo”) motion for summary judgment is ruled upon as follows. I. Overview This is a wrongful death action. Plaintiffs Diane Abraham and John Abraham (collectively “Plaintiffs”) are the parents of decedent Deniece Abraham (�...

Excerpt: ...nted Plaintiff's unopposed motion to deem matters admitted. Plaintiff now moves for judgment on the pleadings based on these admissions. Specifically, that Defendant admits he had a credit card account issued by Plaintiff; he received periodic statements regarding the account; as of February 2, 2022, the balance owed on the account was $8,656.25; no payments have been made on the account since February 2, 2022; the last payment made on the accoun...

Excerpt: ...une 30 or in the early morning hours of July 1, 2017, Plaintiff was visiting Mango's. Plaintiff alleges she was using her phone in the hallway near the restroom when a security guard directed her towards the women's restroom. Plaintiff briefly used the restroom and, upon exiting, was grabbed from behind by a security guard without justification. When Plaintiff freed herself from the first security guard, she was then grabbed and restrained by ano...

Excerpt: ... granted the request. Accordingly, the Court republishes its original tentative ruling below. The notice of motion does not provide notice of the Court's tentative ruling 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 h...

Excerpt: ... Salim Francis Al Sheikh (“Sheikh”), struck Plaintiff with his vehicle. (See Complaint, p. 5; Jensen Decl., ¶ 6.) Uber is a technology company that operates a platform that, among other things, connects drivers with riders who request transportation services. In order to use this platform, users must create an account and agree to the Terms of Service. (Buoscio Decl., ¶ 5.) On or about May 8, 2022, Plaintiff was presented with an in‐app p...

Excerpt: ... 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. The parties' requests for judicial notice are both unopposed and granted. Background Plaintiff Raphael Hernandez (“Plaintiff”) filed this lemon law action on February 19, 2020 and alleged five causes of action un...

Excerpt: ...for judicial notice are unopposed and granted. Factual Background On December 2, 2022, CRL filed the Petition, in which its pastor, Robert Royer (“Royer”), avers as follows. In 2021, the real property at 6550 Dry Creek Road, Rio Linda, CA (the “Property”) suffered water damage as the result of a flood. (Pet. 2:16‐17.) The Property is owned by CRL. (Decl. of Robert Royer ISO Pet. (“Royer Decl.”) ¶ 2.) On November 3, 2021, CRL and Se...

Excerpt: ...ted Protective Order filed in this action and the Complaint and a tentative ruling from Harris, et al. v. County of Sacramento, Case No. 34‐2020‐00287910, is granted. Plaintiff and two other plaintiffs, Todd Beavers and Andre Williams, filed their Complaint on May 14, 2021, against the County arising out of their employment with the Department of Waste Management and Recycling (“DWMR”). Plaintiff alleges the following three causes of acti...

Excerpt: ...ed on the merits, indicating he was not significantly prejudiced by the late opposition. Accordingly, the Court has considered the untimely opposition papers and declines Plaintiff's request to preclude Defendants from participating in oral argument. (See Reedy v. Bussell (2007) 148 Cal.App.4th 1272, 1288.) Background In this lemon law action, Plaintiff alleges that he purchased a new 2016 MercedesBenz GL 350 from Mercedes‐Benz of Reno in Reno,...

Excerpt: ...therine Bailey, et al. v. Goodman and Associates, case No. 34‐2022‐00324973. (ROA 54.) This case was designated as the lead case. This action involves an attorney fee dispute between Petitioner and Catherine Bailey and Doug Sutton (collectively, “Respondents”). An arbitration hearing was held on April 19, 2022, with attorney Chad Tapp, attorney Daniel Steinberg, and Steve Watson presiding as arbitrators. Petitioner appeared in person at t...

Excerpt: ...rified responses, without objections, to Defendants' first set of Form Interrogatories, Special Interrogatories, and Requests for Production of Documents no later than October 31, 2022. Plaintiff did not serve the responses as directed. Pursuant to Code of Civil Procedure 2031.310(i), a court may impose terminating, issue, or evidentiary sanctions, as well as monetary sanctions, for failure to obey a court order to provide discovery. (See, e.g., ...

Excerpt: ...(“Christine” or "Plaintiff") alleges she is the true owner of the property. Plaintiff alleges her ex‐husband, Michael Sparks ("Michael"), obtained fee simple titled to the property in 2003 and then transferred and assigned all rights in the property to her in 2019. Despite this, Plaintiff alleges Moving Parties served her with a 60‐ day notice to vacate or quit. Plaintiff alleges Moving Parties claim ownership to the property based on an ...

Excerpt: ...nd accounting. (ROA 1.) Defendant filed a Cross‐Complaint against Plaintiff and Expo Floors, LLC on April 15, 2019, alleging similar claims. (ROA 8.) Defendant filed an Amended Cross‐ Complaint on August 26, 2019. (ROA 41.) Plaintiff filed a First Amended Complaint on August 27, 2019. (ROA 42.) Trial was initially set for October 11, 2022. Discovery closed 30 days before that initial date on September 9, 2022. On November 10, 2021, the Court ...

Excerpt: ...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. Background Plaintiff Tramia Rene Snapp (“Plaintiff”) initiated this action on October 17, 2022 by filing a complaint with four causes of action: (1) breach of express warranty under the Song‐Beverly Act (“Song‐...

Excerpt: ...rkplace injury while employed at a restaurant owned by Matmol, Inc. (“Matmol”). Intervenor provided workers' compensation insurance for Matmol and thus provided workers' compensation benefits to Plaintiff as a result of his workplace injury. This included paying for Plaintiff's transportation to and from medical appointments for treatment of his workplace injury. On September 6, 2016, Plaintiff was being transported home from one such medical...

Excerpt: ...ng counsel prior to hearing, moving counsel is ordered to appear at the hearing by Zoom. Defendant Scott Johnson's (“Defendant” or “Johnson”) demurrer to Plaintiff Melanie Weaver's (“Plaintiff”) complaint is ruled upon as follows. Allegations in Complaint Plaintiff filed this employment action under the on July 18, 2022 against Defendants California Highway Patrol (“CHP”), California Association of Highway Patrolmen (“CHAP”), ...

Excerpt: ...ersus pedestrian accident that occurred on May 2, 2017, where Plaintiff's brother (Eric Allen Miller) was killed when he was struck by a 2013 Toyota Tacoma driven by Steven Martin. Plaintiff alleges Mr. Martin was operating the vehicle in furtherance of his vehicle hauling business. (Complaint ¶ 10.) Plaintiff further alleges that business was insured by Redwood and that Redwood improperly denied coverage to Mr. Martin. Plaintiff and Mr. Martin ...

Excerpt: ... Complaint filed in this action is granted. Plaintiffs in pro per Zuri K. Colbert and Nafisah Timmons (collectively, “Plaintiffs”) filed the original Complaint on May 21, 2021, and the First Amended Complaint (“1AC”) on June 10, 2021. (ROAs 1, 16.) The 1AC alleges causes of action for fraud and negligence against the County and its employees based upon alleged inaccurate recordkeeping that conflates Plaintiffs' names with the names of oth...

Excerpt: ...ersus pedestrian accident that occurred on May 2, 2017, where Plaintiff's brother (Eric Allen Miller) was killed when he was struck by a 2013 Toyota Tacoma driven by Steven Martin. Plaintiff alleges Mr. Martin was operating the vehicle in furtherance of his vehicle hauling business. (Complaint ¶ 10.) Plaintiff further alleges that business was insured by Redwood and that Redwood improperly denied coverage to Mr. Martin. Plaintiff and Mr. Martin ...

Excerpt: ...Plaintiff and Expo Floors, LLC on April 15, 2019, alleging similar claims. (ROA 8.) Defendant filed an Amended Cross‐ Complaint on August 26, 2019. (ROA 41.) Plaintiff filed a First Amended Complaint on August 27, 2019. (ROA 42.) Trial was initially set for October 11, 2022. Discovery closed 30 days before that initial date on September 9, 2022. On November 10, 2021, the Court granted Defendant's motion to compel Plaintiff to provide further re...

Excerpt: ...ner to request a hearing. If Plaintiff is unable to contact Defendant prior to hearing, Plaintiff is ordered to appear at the hearing. Plaintiff filed the Complaint for Partition on March 17, 2022, against defendant in pro per Lineni Noa Keil (“Defendant”) seeking partition of the real property located at 3551 Rio Loma Way, Sacramento, California 95834. Default was entered against Defendant on August 15, 2022. (ROA 22.) Plaintiff presents the...

Excerpt: ... for his claims brought under the Private Attorneys General Act (Labor Code § 2699 et seq.) (“PAGA”). Plaintiff filed his Complaint on January 26, 2022, asserting a single claim under PAGA for failure to pay overtime wages, failure to pay minimum wages, failure to provide meal and rest periods or pay premiums in lieu thereof, failure to provide accurate wage statements, failure to pay final wages, failure to provide paid sick leave, failure ...

Excerpt: ...33, 134, and 141 is GRANTED as follows. 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 shall notify Defendant immediately. This is a lemon law action involving a 2017 Cadillac. Plaintiff alleges the vehicle suffered from steering and electrical defects and that Defendant failed to repair ...

Excerpt: ...aint (“SAC”) is ruled upon as follows. The notice of motion does not provide notice of the Court's tentative ruling 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 ...

Excerpt: ...bt related to a credit card account. Plaintiff presents the following facts in its separate statement: Defendant Loudes Bernal applied to Plaintiff for a credit card account and entered into a written credit card account agreement with Plaintiff for the account number ending in 7716. (UMF 1.) Defendant agreed to be bound by the terms and conditions set forth in the Cardmember Agreement at the time Defendant applied for, received or used the the C...

Excerpt: ...ed, managed, maintained, supervised, inspected, operated, and/or controlled” the sidewalk/premises where she was injured. (Compl. At p. 4.) On August 3, 2022, Plaintiff filed her Complaint against the City and other Defendants, alleging causes of action for general negligence and premises liability against the City. Defendant demurs to the First Cause of Action for negligence on the grounds that the cause of action as pled is improper and subje...

Excerpt: .... Facts and Procedural History This case arises out of Plaintiff Lisa Vaughn's [“Plaintiff”] alleged injury caused by a dangerous condition existing at the dental office where she was employed by CrossDefendant. Plaintiff claims she rolled her desk chair into a hole in the cement floor, causing her to fall out of the chair and sustain injury. Plaintiff alleges CrossComplainants leased the property to Cross‐Defendant (her employer). Plaintif...

Excerpt: ...negligence‐wrongful death and survival action pursuant to CCP §377.30. Plaintiffs also seek punitive damages against the corporate defendants, Fedex Ground Package System, Inc. and Poly & Lyn Trucking, Inc. By this motion, Plaintiffs Heriberto Mosqueda, Sr. and Gladis Paola Barrera (collectively “Plaintiffs”) move to compel defendant Fedex Ground Package System, Inc.'s (“Defendant”) further responses to request for production nos. 1‐...

Excerpt: ...an River College in Sacramento. Plaintiff also hired Defendant Terracon Consultants, Inc. (“Terracon”) to provide geotechnical engineering services on the project. Webcor hired Cross‐Defendant Watry Design (“Watry”) to provide architectural and design services on the project. Webcor also hired Cross‐Defendant Duran and Venables (“Duran”) to provide grading services. Plaintiff provided Webcor with Terracon's geotechnical report for...

Excerpt: ...decision of the Contractors State License Board (“CSLB”) is granted. (See Acre v. Kaiser Foundation Health Plan, Inc. (2010) 181 Cal.App.4th 471, 484.) Tricon and IFIC's request for judicial notice of a CSLB order denying motion to stay or continue disciplinary proceedings is also granted. However, the Court does not take judicial notice of the truth of any factual finding contained therein. (Sosinsky v. Grant (1992) 6 Cal.App.4th 1548, 1564�...

Excerpt: ...tely of the tentative ruling system and the manner to request a hearing. If Nissan is unable to contact Plaintiff prior to hearing, Nissan is ordered to appear at the hearing. Nissan's request for judicial notice is granted. Plaintiff's request for judicial notice is granted. Plaintiff filed this lemon law action against Nissan on October 2, 2019, arising out of Plaintiff's purchase of a 2016 Nissan Titan (the “Subject Vehicle”) from Nissan o...

Excerpt: ...able to contact opposing counsel prior to hearing, moving counsel is ordered to appear at the hearing by Zoom. Plaintiff Kimberly Wilson's (“Plaintiff”) motion to compel further responses to request for admissions and form interrogatories is ruled upon as follows. In this personal injury action, Plaintiff alleges that she was rear‐ ended on June 11, 2019 by Defendant Charles Peter Hershey while he was in the course and scope of his employme...

Excerpt: ...presented evidence that a residential property owned by Respondent was in substandard condition and had been the subject of several complaints related to large accumulations of trash and debris in plain view of the public. As a result, the City red‐tagged the property as uninhabitable and instituted this action to appoint a receiver to handle the abatement of the property. On April 14, 2021, the Court granted the petition and approved of Petiti...

Excerpt: ...very; (3) conversion; and (4) breach of guaranty. Plaintiff alleges that it entered into an agreement to lease a 2015 Lamborghini Aventador Roadster to Defendant PVCR, LLC (“PVCR”). (Complaint, ¶ 7.) After PVCR defaulted on the lease, Plaintiff discovered that PVCR was a suspended LLC and that Defendant, who is PVCR's principal and guarantor of the lease, had misrepresented the nature and health of PVCR's business in securing the lease agree...

Excerpt: ...ponses and responsive documents from Plaintiff in pro per Aldon Bolanos (“Plaintiff”) to Defendants' Request for Production of Documents (“RFPD”), Sets One and Two, is ruled upon as follows. The notice of motion does not provide notice of the Court's tentative ruling 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 procedur...

Excerpt: ... against Defendant for dangerous condition of public property in connection with her injuries from sustained on the public sidewalk adjoining the 800 block of Plaza Avenue in Sacramento, California. The instant motion seeks summary judgment. The FAC alleges that “on or about December 2, 2018, Plaintiff [] was seriously injured on the sidewalk abutting 2501 Del Paso Boulevard while walking on the 800 block of Plaza Avenue in the City of Sacramen...

Excerpt: ...tion. Plaintiff appeared at oral argument, and the Court continued the matter to today's date. The Court directed Plaintiff to file an opposition by December 16, 2022. Plaintiff filed a "response" on December 16, 2022. Plaintiff's “response” is defective in a number of ways. First, Plaintiff failed to submit a declaration in support of his opposition. Instead, he submits unauthenticated exhibits. Defendant's objections to evidence are SUSTAIN...

Excerpt: ...(ROA 1.) Plaintiff alleges she and Defendant each own 50% of the real property and hold title as joint tenants. (Id., ¶¶ 12, 14.) Plaintiff and Defendant were deeded the property as joint tenants on September 22, 2016. (Id., ¶ 16.) Plaintiff has spent approximately $49,053 maintaining the property, while Defendant has failed to maintain his half. (Id., ¶¶ 17‐18.) Plaintiff desires to sell the property and Defendant has refused the request....

Excerpt: ...m Plaintiff Jason and Yolanda Abernathy's [“Plaintiffs”] purchase of and subsequent sale of real property located at 6066‐6068 Ogden Nash Way, Sacramento [“Subject Property”] and Plaintiffs' allegation that Defendants wrongfully obtained a deed of trust from Plaintiffs and recorded the same. Defendants married in June 2006 and Defendant Dolores Mouras [“Dolores] is Plaintiff Yolanda Abernathy's [“Yolanda”] older sister by 13 years...

Excerpt: ... Plaintiff as a patient. Accompanying Plaintiff's Complaint is a document entitled “Memorandum of Points and Authorities in Support of Relief [sic] to Vacate the Judgment [sic] Case No. 34201600204210 [and] Petition for Writ of Coram Nobis.” There is no accompanying motion to this document. The Court has reviewed this document only for context and underlying facts relevant to Defendant's instant demurrer. On December 1, 2016, Plaintiff filed ...

Excerpt: ...er”). Plaintiff alleges that in connection with the purchase, she received various warranties. During the warranty period, the Vehicle contained or developed various defects. NNA moves to compel arbitration pursuant to the Motor Vehicle Lease Agreement with Arbitration Clauss (“Lease”) which Plaintiff signed with the Dealer. NNA is not a signatory to the Lease. The arbitration provision provides: 1. EITHER YOU OR WE MAY CHOOSE TO HAVE ANY D...

Excerpt: ...ing 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. *** Defendants/Cross‐Complainants/Cross‐Defendants Stockton Blvd. Property LLC (“Stockton Blvd.”), Broadstone Land, LLC (“Broadstone”), and Tri Property Management Services, Inc. (“Tri Property”) (collectively “Moving Parties”) motion for summary adjudication is ruled ...