Excerpt: ...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 Department of Toxic Substances Control's (“DTSC”) motion for summary judgment, or in the alternative, summary adjudication is ruled upon as follows. At the outset, the Court notes that DTSC's notice of motion fails to comply wit...

Excerpt: ...led this lawsuit in March 2017, asserting a sole cause of action for motor vehicle negligence. The named defendants include One Call Medical, Inc. (NJ) dba One Call Care Management as well as Zonecare USA of Delray, LLC (FL) dba One Call Care Transport + Translate (collectively “One Call”), which were sued as One Call Care Management, One Call Medical, Inc. and Coral Acquisitions, Inc. Plaintiff alleges that “One Call provides services to t...

Excerpt: ... of the documents. This matter was continued to allow defendant to file a Reply to the untimely Opposition. In this action, plaintiff's Second Amended Complaint alleges causes of action against defendants and numerous other entities and individuals for Negligence (1st), Breach of Contract and of the Covenant of Good Faith and fair Dealing (2nd), Fraud by Concealment (3rd), Quiet Title (4th), Negligent/Intentional Infliction of Emotional Distr...

Excerpt: ...dants Caroline Kang, LLC dba Laguna Woods, RCFE (“Laguna Woods”), Caroline Kang and Francis Kang's (the “Kangs”)(collectively “Defendants”) demurrer to Plaintiffs' complaint is ruled upon as follows. Overview This is an Elder Abuse action. Decedent Christine Patton (“Christine”) was a resident a Laguna Woods, a residential care facility for the elderly (“RCFE”). Christine required help transferring in an out of her bed and whe...

Excerpt: ...ank”) demurrer to Plaintiff Janet Robinson's complaint is ruled upon as follows. Overview This is a Homeowners' Bill of Rights (“HBOR”) action. The named defendants are Clear Recon Corp. (“CRC”) and Bank. Plaintiff Janet Robinson alleges that in April 2006, she financed her property which was secured by a Deed of Trust (“DOT”). In early 2018, due to financial hardship, Plaintiff was unable to make timely mortgage payments. She alleg...

Excerpt: ...that Defendants are liable on theories of negligence and premises liability. Defendants move for summary judgment on the ground that the lip in the sidewalk was a “trivial defect” and, therefore, they had no duty to repair it. (See Stathoulis v. City of Montebello (2008) 164 Cal.App.4th 559, 567 [“trivial defect” is not an affirmative defense, but rather is an aspect of the landowner's duty that the plaintiff must plead and prove].) To su...

Excerpt: ... of a corporation that provides pest control services. The corporation is Plaintiff Blizzard Pest Management, Inc. (BPM). The two BPM officers and directors are Plaintiff Samuel Wesley Blizzard (Blizzard) and Defendant William Raymond Rains (Rains). (The court refers to BPM and Blizzard as “Plaintiffs.”) In their complaint, Plaintiffs allege that Blizzard and Rains each own 50% of BPM's shares. Plaintiffs are suing Rains and Rains' recently f...

Excerpt: ...ected 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, 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). Opposing counsel failed to compl...

Excerpt: ... oral argument must still be made by 4:00 p.m. on Tuesday, 12/18/2018. Defendant CAPPO Management XXIX, Inc. dba Harrold Ford's motion to compel arbitration is ruled upon as follows. Overview In this action, Plaintiffs Margaret Campana (“Campana”) and Dianna Brock (“Brock”) (collectively “Plaintiffs”) are suing their employer for various Labor Code violations for unpaid overtime compensation; failure to pay compensation for forfeited ...

Excerpt: ... request for oral argument must still be made by 4:00 PM today. (See Local Rule 1.06.) ** This is a putative class action. Plaintiff Michael Smith, individually, and on behalf of all others similarly situated, alleges that they are “individual gamers who have been deceived into making in‐game purchases of deceptively marketed in‐ game items in Defendant's immensely popular games Overwatch and Hearthstone. Defendant contends that Plaintiff a...

Excerpt: .... *** Plaintiff Dene Starks' motion to compel further responses to Special Interrogatories and Inspection Demand is ruled upon as follows. This is a putative class action for race and sex discrimination, failure to prevent and various violation of the Labor Code. Plaintiff proposes the following two subclasses: (a) persons in the employ of Nationwide in California as Commercial Underwriters whom Nationwide misclassifies as exempt from June of 201...

Excerpt: ..., he was in a car accident with another vehicle which resulted in a total loss of his vehicle. Plaintiff alleges that UFCC wrongfully determined that there was no coverage for the damage. UFCC explained that it denied coverage “[s]ince the purpose of the use of the vehicle at the time of the loss [was] ‘to carry persons or property for compensation or a fee' as indicated by the [Lyft] app's ‘on' status, this exclusion applies regardless...

Excerpt: ...ment/adjudication, without prejudice, to allow Plaintiffs an opportunity to amend the complaint. The parties shall appear and be prepared to discuss with the Court. No trial is scheduled. This is an action for personal injuries arising from a motor vehicle accident. Plaintiffs are Derrick Raible (“Raible”) and Donovan Caudill (“Caudill”) (collectively “Plaintiffs”). Raible is represented by counsel and has filed an opposition to the m...

Excerpt: ...his is a FEHA case. Plaintiff Angela Henao (Henao) alleges that the County discriminated against her based on disability and failed to accommodate her with another position. As she did in her second amended complaint (SAC), Henao contends in the TAC that the County's Accommodation Transfer List (ATL) was part of the problem. In the SAC, Henao leveled the following allegations: Further, in violation of FEHA, Defendant County refused to provide any...

Excerpt: ...udd alleges that CTC acted as the escrow agent on the transaction. Judd alleges that he invested $150,000, which was deposited into escrow, to fund the property's rehabilitation. In exchange, he was promised a promissory note, a second trust deed and a right to share in any profit once the property was resold. Another investor funded the property's purchase for rehabilitation, and that investor received the first trust deed. Judd alleges that an ...

Excerpt: ...ng business day, a legal brief no greater than eight (8) pages in length that addresses the following issues: Without expressly identifying which cause(s) of action in the complaint constitute "real property claims" under CCP § 405.4, the parties appear to assume that the breach of contract cause of action for damages qualifies as such a claim. The court questions whether the breach of contract cause of action, the other damages causes o...

Excerpt: ... discrimination based on national origin, retaliation in violation of Labor Code §98.6 and §1102.5, defamation, failure to prevent discrimination, and wrongful termination. Defendant EHC now moves to strike the punitive damages allegations from the complaint on the grounds that plaintiff has failed to plead facts sufficient to establish the requisite malice, fraud or oppression and sufficient to satisfy the requirements of Civil Code §3294(b) ...

Excerpt: ...n Butte County and on 7/22/2014, plaintiff filed a First Amended Complaint (“1AC”) which asserted two causes of action for disability discrimination and violation of the California Whistleblower Protection Act at Government Code §8547 et seq. (“CWPA”) based on her employer's 2011 decision to require plaintiff to report to work in Sacramento rather than continue working from her home in Chico, which plaintiff insists was a reasonable acco...

Excerpt: ... she had an uninsured motorist policy with Defendant and that Defendant is liable to Plaintiff resulting from Doe 1's conduct. Plaintiff alleges a negligence cause of action against Defendant. Defendant demurs on the ground that FAC fails to state sufficient facts because pursuant to Insurance Code §11580.2 the action must be referred to arbitration. Ins. Code §11580.2 concerns uninsured/underinsured motor vehicle coverage. Subdivision (f) prov...

Excerpt: ...ng 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 Francolin, LLC dba Soaring Oaks RCFE, Francis Kang, and Colin Kang's (collectively “Defendants”) motion for summary adjudication is ruled upon as follows. I. Overview This is an Elder Abuse action. The decedent Josephine Boykin ("Josephine") was a 94 year ...

Excerpt: ...t Isabella Garcia (“Garcia”) dba Alliance Financial's (“Alliance Financial”) (“Defendant”) demurrer to Plaintiff Arthur Dockter's complaint is ruled upon as follows. Defendant's request for judicial notice is granted. In taking judicial notice of these documents, the court accepts the fact of their existence, not the truth of their contents. (See Professional Engineers v. Dep't of Transp. (1997) 15 Cal.4th 543, 590; Steed v. Departmen...

Excerpt: ...nform the Department 54 Clerk of the same when oral argument is requested pursuant to Local Rule 1.06. In the alternative, Department 54 will honor requests to continue hearings scheduled for 12/12/18 so that parties desiring oral argument may obtain court reporting services through the Court's normal channels. (See Local Rule 1.12.) No hearings, however, will be continued to any date from 12/24/18 through 1/04/19. Any party seeking a continuance...

Excerpt: ...ument is requested pursuant to Local Rule 1.06. In the alternative, Department 54 will honor requests to continue hearings scheduled for 12/12/18 so that parties desiring oral argument may obtain court reporting services through the Court's normal channels. (See Local Rule 1.12.) No hearings, however, will be continued to any date from 12/24/18 through 1/04/19. Any party seeking a continuance must first meet and confer with opposing counsel (or t...

Excerpt: ... argument is requested pursuant to Local Rule 1.06. In the alternative, Department 54 will honor requests to continue hearings scheduled for 12/12/18 so that parties desiring oral argument may obtain court reporting services through the Court's normal channels. (See Local Rule 1.12.) No hearings, however, will be continued to any date from 12/24/18 through 1/04/19. Any party seeking a continuance must first meet and confer with opposing counsel (...

Excerpt: ...re are two named plaintiffs, Jimboy's Marketing, Inc. ("JMI") and BGI. BGI is the only moving party. Plaintiffs allege that for many years, JMI acted as an area franchisor for Jimboy's Tacos restaurants under a Master Franchise Agreement with non‐party Jimboy's Tacos, Inc. Opposing Defendant Jimboy's North America ("JNA"), is the successor to Jimboy's Tacos, Inc. In 2012, JMI and JNA entered into a Transition...

Excerpt: ... plaintiff's health, strength and activity, sustaining injury to plaintiff, and shock and injury to plaintiff's nervous system and person, all of which said injuries have caused and continue to cause plaintiff severe emotional distress and nervous pain and suffering, in an amount to be determined and according to proof at trial.” (First Amended Complaint, ¶ ¶ 13, 16, 21, 25, 32, 39.) In its notice of motion and motion, Defendants explain: The...

Excerpt: .... Instead, Defendant offered Plaintiff $3,500, which Plaintiff rejected. Plaintiff then retained The Knight Law Group (“KLG”). KLG then associated in as co‐counsel Bryan Altman of The Altman Law Group (“ALG”). Plaintiff filed the action on April 12, 2016. On September 22, 2016, Plaintiff accepted Defendant Hyundai Motor America's CCP §998 offer (“Offer”) in the amount of $68,138.06. Pursuant to the Offer Defendant agreed that it wo...

Excerpt: ...tem (collectively “Plaintiffs”). APM was the landlord's property manager. Co‐Defendant Ding Zhang (Zhang) was the landlord. In the operative fourth amended complaint (4AC), Plaintiffs allege they occupied the premises with a Section 8 HUD voucher. They allege a toxic mold infestation as well as other violations of housing laws, and they further allege that there were no timely attempts to repair despite their initial complaints. When repair...

Excerpt: ...�home marijuana cultivation operation. SMUD first noticed Defendant's deposition to be held on November 3, 2017. Defendant did not appear. On January 26, 2018, SMUD filed a motion to compel Defendant's deposition attendance, which was granted. SMUD then noticed Defendant's deposition to occur on March 8, 2018. Defendant again failed to appear. SMUD subsequently moved for issue, evidentiary, terminating, and monetary sanctions. On July 31, 2018, t...

Excerpt: ...other torts, punitive damages are available in FEHA cases. (See Commodore Home Systems, Inc. v. Superior Court (1984) 32 Cal.3d 211, 218‐220.) To obtain punitive damages, however, Scott must plead and prove the elements in CC § 3294. Under that section, punitive damages are available where the defendant is guilty of malice, oppression or fraud. Those terms are defined, respectively, to mean “conduct which is intended by the defendant to caus...

Excerpt: ... oral contracts. The fiduciary duty claim includes an allegation that the conduct constituting the breach was done with oppression, fraud and/or malice within the meaning of Civil Code §3294. Both contract causes of action include in their respective final paragraphs a claim attorney fees according to proof. Defendants contend the complaint fails to plead facts necessary to establish the existence of malice, fraud or oppression to support an awa...

Excerpt: ... consider plaintiffs' supplemental opposition filed on 11/30/2018 since Code of Civil Procedure §1005 does not provide for the filing of supplemental papers. Factual Background This is a legal malpractice action brought by plaintiffs in pro per Charles and Victoria Yeager. According to the First Amended Complaint (“1AC”), defendants represented plaintiffs beginning in or about June 2009 and according to the moving papers, plaintiffs breached...

Excerpt: ... seek various sanctions against Defendant ZB, N.A. dba California Bank & Trust (“Bank”) for its purported “misuse of the discovery process.” Plaintiffs request monetary sanctions in the amount of $9,840, a contempt sanction, and/or issue sanctions. Alternatively, Plaintiffs seek Bank's further responses to RFAs. 1. Overview On September 20, 2017, Plaintiffs served Bank with Request for Admissions (set one) which included 81 RFAs. Plaintif...

Excerpt: ...ents and maintained insurance on the Properties, Cenlar wrongfully claimed Plaintiff was in default and force‐placed insurance on the Properties. As a result, Plaintiff alleges his credit was damaged and he was forced to pay penalties for the purported defaults. Plaintiff brings six causes of action against Cenlar for (1) accounting, (2) breach of contract, (3) breach of the covenant of good faith and fair dealing, (4) negligence, (5) Violation...

Excerpt: ...ax Inc. and Equifax Information Services, LLC's (collectively “Equifax”) demurrer to Plaintiff Nabil Samaan's first amended complaint (“FAC”) is ruled upon as follows. Overview In this action, Plaintiff alleges that he owns multiple residential properties purchased with different mortgage loans being serviced by co‐defendants Wells Fargo Bank, N.A., Cenlar Agency, Inc. and PennyMac Loan Services, Inc. (“Servicers”). The Servicers re...

Excerpt: ...tual Background. This is an elder abuse action which was commenced in 2015. On 8/20/2018 defendants propounded Special Interrogatories, Set Nine (consisting of Nos. 461‐562), on plaintiffs, who served on 10/8/2018 their objections and responses to these interrogatories. On 10/15/2018 defendants promptly commenced their efforts to meet‐and‐confer with plaintiffs' counsel regarding the deficiencies claimed to pervade plaintiffs' objections an...

Excerpt: ...e proofs of service in the court's files reflecting timely substituted service on 3/24/16. (See Patterson Decl., Exhs. C, E; see also id., Exh. H [minute order].) As the court explained in its minute order, the proofs of service are entitled to a presumption of validity, (Evid. Code § 647), and Defendants' first motion did not include evidence overcoming that presumption. The court denied the first motion without prejudice, however, and Defendan...

Excerpt: ...;s ("Admiral") motion for judgment on the pleadings on its entire Cross‐Complaint against Plaintiff/CrossDefendant Ghosia, Inc. dba Sinnister Wheels, dba A N A Motoring Accessories ("Ghosia") is UNOPPOSED but is DENIED. In its action, Ghosia alleges it has a general liability insurance policy with Admiral, but Admiral failed to provide coverage after Ghosia was sued in a personal injury action. Admiral filed a cross‐complaint ...

Excerpt: ...ring. 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. *** Defendant City of Sacramento's (“City”) motion for summary adjudication on plaintiff's two causes of action for inverse condemnation and premises liability is ruled on as follows. Moving counsel failed to comply with the mandatory provisions of CRC Rule 3.1350(b), requ...

Excerpt: ...e statement in opposition, the court now issues the following tentative ruling. Defendants Sutter Terrace Dental Group and Rae Ann Whitten, DDS' motion for summary judgment or alternatively, for summary adjudication is GRANTED since defendants' moving papers are sufficient to carry their initial burden under Code of Civil Procedure §437c(p)(2) and since plaintiff in pro per failed to carry her burden of producing admissible evidence sufficient t...

Excerpt: ...pecific categories for testimony or requests for production that will be addressed at the hearing. The parties are also reminded that pursuant to local rules, only limited oral argument is permitted on law and motion matters. *** Plaintiffs' motion to compel defendant General Motors' (“GM”) further responses to the former's Request for Production, Set One, is GRANTED IN PART and DENIED IN PART, as follows. Both moving and opposing counsel fai...

Excerpt: ...ining dispute is request no. 14. Request no. 14 states: “Any and all DOCUMENTS, including but not limited to drafts, notes, memoranda, hand‐ written or typed, e‐mails, or text messages, that PERTAIN TO the September 17, 2014, Faculty Meeting. (Names may be redacted to protect third‐party privacy.)” Defendant served objections to the notice of deposition, which included objections based on attorney‐client privilege, attorney‐work pro...

Excerpt: ...ttorney's fees and cost incurred in bringing the special motion to strike as to the fraud and IIED claims only. Defendants seek an award of $26,610 in attorney's fees and $1,250 in costs incurred in preparing the underlying anti‐SLAPP motion (only as to the two causes of action upon which they succeeded) and this instant motion for fees and costs. A prevailing defendant on an anti‐SLAPP motion is entitled to recover his or her attorneys' fees...

Excerpt: ...s. Moving counsel failed to comply with CRC Rule 3.1110(b)(3)‐(4). The Court notes that defendant in pro per Lulka filed no opposition to the present motion, which is construed as a concession of its merits. Coupled with the fact that the court on 6/14/2018 deemed admitted those matters specified in plaintiff's requests for admissions, this court concludes that the striking of defendant Lulka's answer to complaint will not under the circumstanc...

Excerpt: ...vehicle accident which resulted in the death of two people, Jason Christopher Keating and Judy Ann Townsend. The latter's adult children and heirs commenced on 5/1/2017 this wrongful death action against the “Estate of Jason Christopher Keating” and the employer of Mr. Keating, PDQ Automatic Transmission Parts, Inc. Plaintiffs filed on 7/27/2017 a proof of service indicating that the “Estate of Jason Christopher Keating” was served by del...

Excerpt: ...aintiff's own counsel, who was to start a trial on the date the deposition was to proceed. Plaintiff's counsel apparently did not notify crossdefendant's counsel of the cancellation. This court finds that before beginning the drive from Loomis to Pleasant Hill, counsel for cross‐defendant should himself have contacted counsel for either defendant or plaintiff to confirm whether plaintiff's deposition was still proceeding as sche...

Excerpt: ... point to specific evidence which is claimed to show the existence or non‐existence of a triable issue of material fact. *** Defendant Martin Energy Group Services, LLC's (“MEGS”) motion for summary judgment, or in the alternative, summary adjudication is ruled upon as follows. Overview This action arises from the construction of an electrical power and cogeneration facility for plaintiff Elk Grove Milling, Inc. (“Elk Grove”). Elk Grove...

Excerpt: ...nty Superior Court Case No. 2015‐183885 (the "Underlying Action"). In the Underlying Action, multiple homeowners are proceeding against Plaintiff, the developer/general contractor on the project. In the instant case, Plaintiff alleges the homeowners' claims are predicated on defects for which various subcontractors are responsible. Plaintiff further alleges that it is an additional insured under its subcontractors' general liabi...

Excerpt: ...case arises indirectly from a dispute between a national fraternal organization (“National Grange”) and individuals formerly operating its subordinate, constituent unit in the State Grange. On April 5, 2013, the National Grange revoked the State Grange's charter and restored it, under new leadership, in July 2014. The revoked State Grange has changed its name to “The California Guild.” (“Guild”). Considerable litigation ensued bef...

Excerpt: ...r cross‐complaint, Grigsby alleges that they entered into independent contractor agreements with cross‐defendants Alfiya Laub ("Laub") and Adelia A. Bogdanova ("Bogdanova"). The agreements included a non‐solicitation agreement in the event the agreements were terminated. The agreements also included confidentiality clauses. Grigsby alleges that Laub and Bogdanova terminated the agreements and began working for Di Paolo. Grig...

Excerpt: ...strict (District) would be require to produce to testify on these categories. Although counsel are required to appear at the hearing (either in person or by telephone), if either side wishes to argue matters other than those identified in the preceding paragraph, (s)he shall request such additional oral argument pursuant to Local Rule 1.06 and inform the court and opposing counsel of the specific issue(s) on which oral argument is sought. * * * *...

Excerpt: ... was Lagoe's employer's workers' compensation insurance carrier and provided benefits to Lagoe after the accident. In 2008, Lagoe underwent hip‐replacement surgery related to the accident. He subsequently sued nonparties for damages arising from the hip replacement (the “Lawsuit”). At that point, AAIC's claims administrator filed a notice and application for lien. Tristar acquired the claims administrator in 2012. In 2017, Lagoe settled the...

Excerpt: ...sonnel Board's (SPB) Decision Approving Stipulation for Settlement dated 9/13/16 is GRANTED. In taking judicial notice, the court accepts the existence of the document and the existence of its contents. Plaintiff Gabriel Santos (Santos) alleges that after graduating from a California Commission on Peace Officer Standards and Training (POST) academy in 2011, he became a peace officer. Santos served Cal Fire between 2011 and 2016. In 2015, Cal Fire...

Excerpt: ...or judgment on the pleadings as to the complaint of plaintiffs in pro per Singh is GRANTED but with leave to amend, as follows. Factual Background According to the complaint, plaintiffs in pro per were unable to qualify for a home loan due to their low credit scores and therefore asked for help from “their beloved nephew,” defendant Kumar. Defendant agreed to help, obtaining in 2014 a loan to purchase property in Galt which plaintiffs would u...

Excerpt: ...he exhibit, title, page, and line numbers.” (Underline added for emphasis.) Moving counsel failed to comply with CRC Rule 3.1350(g), requiring a single volume of evidence (including all declarations) with a table of contents when evidence exceeds 25 pages. Moving counsel failed to comply with CRC Rule 3.1110(b)(3)‐ (4). This action arises out of the shooting of plaintiff's son during a 2015 confrontation with police. Plaintiff alleges causes ...

Excerpt: ...** Defendant Roman Catholic Bishop of Sacramento's (“Bishop”) demurrer to plaintiff's First Amended Complaint (“1AC”) is SUSTAINED, with and without leave to amend, as follows. The opposition and reply papers failed to comply with CRC Rule 3.1110(b)(1), (3) and (4). Factual Background This 2017 action arises out of defendant Martis' sexual abuse of plaintiff who was at the time a student at St. Francis Catholic High School (“SFHS”), a...

Excerpt: ...e and/or dismiss all named Respondents and Real Parties in Interest. On 12/8/2017, Petitioner filed an Amended Ex Parte Writ of Mandate/Prohibition, Amended Petition for Injunctive/Declaratory Relief with Memorandum of Points and Authorities in support of Writ of Mandate/Prohibition; Amended Civil Case Cover Sheet; Amended Notice, and Amended Forma Pauperis Declaration (collectively referred to as "Amended Petition"). On 5/19/2017, Judge ...

Excerpt: ...n part and DENIED in part. FIS' request for judicial notice of official records referenced in Plaintiff and CrossDefendant Ocwen Loan Servicing, LLC's (Ocwen) complaint in this case is GRANTED. The court does not accept the truth of factual findings in these records. (See Professional Engineers v. Dep't of Transp. (1997) 15 Cal.4th 543, 590 [judicial notice of findings of fact does not mean that those findings of fact are true]; Steed v. Departme...

Excerpt: ...nk's demurrer to the complaint, which contained causes of action for wrongful foreclosure, violation of B&P Code § 17200, violation of CC § 2923.6 [dual tracking], and violation of 12 USC § 2605 et seq. [federal lending disclosure requirements]. The court concluded, among other things, that Markevich had failed to establish her standing, has failed to establish wrongful assignments, and had failed to allege tender of the debt. (See Order of 8/...

Excerpt: ...any party requests oral argument, then at the time the request is made, the requesting party shall inform the court and opposing counsel of the specific cause(s) of action or issue(s) on which oral argument is sought. ** The demurrer of Defendant Department of Alcohol Beverage Control (ABC) and Sunshine Garside (Garside) (collectively “Defendants”) is SUSTAINED in part and OVERRULED in part. Plaintiff Heather C. Hoganson's (Hoganson) requ...

Excerpt: ...is permitted on law and motion matters. *** Plaintiffs' motion to compel the deposition of defendant's Person(s) Most Qualified (“PMQ”) and production of documents is DENIED, as follows. The moving papers fail to comply with CRC Rule 3.1110(b)(4) and Rule 3.1113(d)‐(e). The opposition was not timely filed or served but it was nevertheless considered. Factual Background This is a lemon law case relating to a 2010 Chrysler Town and Country mi...

Excerpt: ...to comply with CRC Rule 3.1110(b)(3)‐(4). Factual Background This is a consolidated action. In its complaint VTL alleges that it hired BBC to perform a renovation of an 80‐unit apartment complex owned by VTL in Carmichael. A dispute between the parties arose and resulted in BBC recording a mechanics lien in the amount of $483,405. VTL filed an action for declaratory relief, breach of contract and fraud. VTL promptly filed a motion to remove B...

Excerpt: ...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. The response filed by plaintiff on 7/12/2018 was not timely filed and served in accordance with Code of C...

Excerpt: ...niform set of construction standards (Civ. Code § 896), and permits claimants to "make a claim for a violation of standards" by alleging that the "home does not meet the applicable standard." (Civ. Code, sec. 942.) Further, SB800 provides builders with an absolute right to investigate (Civ. Code, sec. 916(a), (c)), repair (Civ. Code § 918), or compromise (Civ. Code § 929(a)) any claimed violation of SB800's standards. Claim...

Excerpt: ... him/her of Local Rule 1.06 and the court's tentative 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. Factual Background This action arises from the implantation and alleged failure of a medical device called the Celect® Vena Cava Filter, whic...

Excerpt: ...in good faith. Raley's requests for judicial notice of court documents are GRANTED. One of the judicially noticeable documents Raley's tenders is this court's order denying the motion for summary judgment (MSJ) brought by Defendant and settling party Dignity Health dba Mercy San Juan Medical Center (Dignity Health). On its own motion, the court takes judicial notice of the moving, opposing and reply papers filed in connection with the MSJ. This i...

Excerpt: ...tters. *** Defendant McClatchy Newspapers, Inc.'s motion for summary judgment or summary adjudication is ruled upon as follows. Judge Krueger discloses that he has been a continuous subscriber to the Sacramento Bee since approximately 1995. He also served as an intern reporter in McClatchy Newspapers' Washington, D.C. bureau while in college. Judge Krueger does not believe that there is any basis for him to be disqualified from hearing this case....

Excerpt: ...llectively “Defendants”) to the third amended complaint (TAC) is OVERRULED. The court disregards evidence submitted with the parties' papers. The court may not consider evidence on demurrer. Moreover, assuming any part of the evidence is subject to judicial notice, there is no request for judicial notice before the court. Overview This case presents a business dispute. The plaintiff is Patricia Blank (Blank). Blank alleges that Mitchell induc...

Excerpt: ...llectively “Defendants”) to the third amended complaint (TAC) is OVERRULED. The court disregards evidence submitted with the parties' papers. The court may not consider evidence on demurrer. Moreover, assuming any part of the evidence is subject to judicial notice, there is no request for judicial notice before the court. Overview This case presents a business dispute. The plaintiff is Patricia Blank (Blank). Blank alleges that Mitchell induc...

Excerpt: ...s. *** Defendants Life Generations Healthcare, LLC; Thomas Olds, Jr.; and GHC of SACSNF, LLC's (collectively “Defendants”) demurrer to the Second Amended Complaint (“2AC”) is SUSTAINED but with leave to amend, as follows. Factual Background This action arises from the care rendered to Evelyn Gurion from July 2014 through September 2014, when she died on 9/9/2014. This lawsuit was commenced on 9/9/2015 and the 2AC filed on 9/7/2017 purport...

Excerpt: ...Bank (“USB”), Fay Servicing, LLC and Attorney Lender Services, Inc.'s (collectively “Defendants”) demurrer to plaintiff's complaint is SUSTAINED but with leave to amend, as follows. Although the notice of demurrer provided notice of the court's tentative ruling system as required by Local Rule 1.06(D), the notice does not comply with that rule. Moving counsel is directed to review the Local Rules, effective 1/1/2018. Factual Background Co...

Excerpt: ...0(c) as a result of Plaintiff's failure to comply with this Court's June 11, 2018 order. The June 11 order compelled Plaintiff to provide verified responses without objections to Defendant's Form Interrogatories, Set One; Special Interrogatories, Set One; and Request for Production of Documents, Set One by June 21, 2018. Defendant had not received responses as of the date of the filing of the motion. Defendant seeks monetary sanctions in the amou...

Excerpt: ...t to specific evidence which is claimed to show the existence or non‐existence of a triable issue of material fact. *** The court notes that both defendants and plaintiffs filed in connection with this motion a number of the decedent's medical records, all of which are now viewable by the public via the court's CCMS system. All counsel are reminded that the court's new CCMS system allows the public to electronically access and view all pleading...

Excerpt: ...ate of April 19, 2018. On March 29, 2018, Plaintiff filed an ex parte application to continue the summary judgment hearing on the grounds that postponement was warranted to “allow for the hearing of [Plaintiff's] pending discovery Motions and further Motions … to be filed in the near future based on [Defendants] serving Responses to discovery that consisted of frivolous boiler‐plate objections with no substantive responses and no production...

Excerpt: ... Procedure section 2033.300(a). “The court may permit withdrawal or amendment of an admission only if it determines that the admission was the result of mistake, inadvertence, or excusable neglect, and that the party who obtained the admission will not be substantially prejudiced in maintaining that party's action or defense on the merits.” (Code Civ. Proc. § 2033.300 (b).) This provision applies to admissions expressly made by a party as we...

Excerpt: ...rked at Sutter facilities at the relevant time periods in questions and Plaintiff alleges that the unlawful access to her medical records occurred as a result of his employment while they were legally separated and after their divorce. Plaintiff alleges that she has experienced significant loss of privacy and emotional distress as a result of Defendant Taggard accessing private information in her medical records. Defendant Taggard contends that i...

Excerpt: ...tective Order. Plaintiff avers that he was entirely unaware of this lawsuit and denies that he was ever served with operative First Amended Complaint or any other pleading or document in this lawsuit until he received two deposition notices. Upon further inquiry, he learned that co‐Defendant Marjorie Snoke (aka Marjorie Covert) had forged his name on these pleadings. According to moving Defendant, on June 22, 2018, at the schedule hearing regar...

Excerpt: ...oes not provide notice of the court's tentative ruling system, as required by Local Rule 1.06(D). Counsel for moving party is directed to contact counsel for opposing party forthwith and advise counsel of Local Rule 1.06 and the court's tentative ruling procedure. If counsel for moving part is unable to contact counsel for the opposing party prior to the hearing, counsel for the moving party shall be available at the hearing, in person or by tele...

Excerpt: ...intiff Matin and defendant Lundgren. According to the complaint, defendant Lundgren owned and operated as sole proprietorship a business known as “Mr. Motorhome” through early 2011, when he met plaintiff Matin and allegedly urged her to quit her salaried job to become co‐owner/co‐manager of the Mr. Motorhome business in Elk Grove. Plaintiff states she relied on defendant Lundgren's representations and in late 2012 began working at the Mr....

Excerpt: ...ication for preliminary injunction prohibiting the foreclosure sale of their property is DENIED because they have failed to establish they have reasonable probability of prevailing on any of the causes of action alleged in their complaint. Defendant's counsel failed to comply with CRC Rule 3.1110(b)(3)‐(4). Factual Background This wrongful foreclosure case was commenced on 7/11/2018. Plaintiffs allege in their recently‐filed complaint violati...

Excerpt: ...n law and motion matters. *** Plaintiff's motion to compel the deposition of defendant's Person(s) Most Qualified (“PMQ”) and production of documents is ruled on as follows. Defendant's counsel failed to comply with CRC Rule 3.1110(b)(4). Factual Background This is a lemon law case relating to a 2014 Jeep Grand Cherokee purchased in Texas. The complaint asserts causes of action under California's Song‐Beverly Consumer Warranty Act and the f...

Excerpt: ...�MEC”) motion for protective order. Maciora had propounded Requests for Production, Set Four, on MEC. The RFPs provided the following definitions: 1. UBA Contract ‐ The valid and effective contract referred to in Paragraph 85 and Paragraph 86 of your Third Amended Complaint. 2. Tangiers Capital Contract ‐ The valid and effective investment agreement between MEC and Tangiers Capital referred to in Paragragh 87 of the Third Amended Complaint....

Excerpt: ... Grove. Plaintiff hit her head on a large firehose valve and firehose support bracket as she was rising up from a bent position. Plaintiff filed her complaint on 9/25/2015, a few days before the statute of limitations expired. The complaint names all current defendants, including JJD‐HOV Elk Grove, LLC and Dana Butcher Associates. Defendants move for discretionary dismissal on the grounds that Plaintiff did not serve them with the summons and c...

Excerpt: ... the issue of unconscionability is properly before the court, did the Compensation Agreement require Misfud to repay draws personally if she left her employment and did not receive commissions covering the draws? If so, did that saddle her with a harsh, one‐sided risk (i.e., that she could effect sales without receiving any commissions) not present in Am. Software v. Ali (1996) 46 Cal.App.4th 1386, 1389, 1393? (3) Assuming the issue of unconsci...

Excerpt: ... will be prejudiced absent sealing; the proposed sealing is narrowly tailored to serve the overriding interest; and there is no less restrictive means of achieving the overriding interest. The Clerk of the Court is directed to file unredacted exhibits 10, 11 and 12 and immediately change their security clearance so that they are not available for public viewing. The minute order is effective immediately. No formal order pursuant to CRC 3.1312 or ...

Excerpt: ...TED IN PART and DENIED IN PART, as follows. As it now appears that defendant Raptis has provided the overdue discovery responses previously compelled in the court's earlier orders, has agreed to make himself available for deposition and has tendered payment of monetary sanctions previously imposed, the court declines to impose here any issue, evidence or terminating sanctions against defendant Raptis as such sanctions would result in an unjus...

Excerpt: ...eceived plaintiff's discovery requests but that she has nevertheless complied with them by meeting with plaintiff's principal and providing a variety of documents from her insurance company. Aside from the fact that defendant in pro per has failed to provide admissible evidence which establishes she never received the underlying discovery requests, the court is not persuaded that her representation about meeting with plaintiff's principal and pro...

Excerpt: ...motion to vacate and/or correct the arbitration award is DENIED except where noted otherwise, as follows. Although the notice of motion provided notice of the court's tentative ruling system as required by Local Rule 1.06(D), the notice does not comply with that rule. Moving counsel is directed to review the Local Rules, effective 1/1/2018. Factual Background This action arises out of plaintiff's prior employment as a manager of a franchise resta...

Excerpt: ...on for writ of mandate and complaint filed by Plaintiff/Petitioner and Cross‐Defendant American Towers, LLC (“ATC”) against the State on March 4, 2015. On February 19, 2016, the writ proceeding was heard. On March 8, 2016, the ruling on the writ proceeding was issued, denying the petition and related request for declaratory relief. On August 31, 2016, the case was referred back for reassignment to the regular civil calendar following the co...

Excerpt: ...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 Stewart Title of Sacramento's (“STS”) motion for summary judgment, or in the alternative, summary adjudication is ruled upon as follows. Overview This is an action for equitable indemnity, implied indemnity and declaratory relief. Plaintif...

Excerpt: ...ey Defendants”) Special Motion to Strike (CCP §425.16) is GRANTED. The Court fully incorporates herein its ruling on the Attorney Defendants' Special Motion to Strike. (Item #12.) To reiterate, the anti‐SLAPP as to the breach of contract is DENIED. A breach of a settlement agreement after the underlying action is concluded is not protected activity. (Applied Bus. Software, Inc. v. Pac. Mortg. Exch., Inc. (2008) 164 Cal.App.4th 1108, 1118.) �...

Excerpt: ... and 23 through 32 in Plaintiffs' Second Set of Document Requests propounded to Defendant Sacramento County Emergency Medical Services (SAC EMS) is GRANTED. Warren's further request for an order compelling SAC EMS to produce responsive documents is DENIED as premature. The court may only compel a party to produce responsive documents after the party serves written responses indicating it will produce responsive documents and then fails to make th...

Excerpt: ... Abir, Cohen, Treyzon, Salo, LLP and Federico C. Sayre's First Amended Answer is SUSTAINED without leave to amend as follows. This is a legal malpractice action. Plaintiff alleges Defendants represented her in a personal injury case against the City of Sacramento (the “City”), which she intended to pursue on a theory of dangerous condition of public property. Plaintiff allegedly was injured while crossing in an unmarked City crosswalk. Her pe...

Excerpt: ...n satisfies the requirements of Code of Civil Procedure section 430.41(a). Defendant Sacramento Housing and Redevelopment Agency's (“Defendant”) demurrer to plaintiff Nikolay Koval's (“Plaintiff”) complaint is ruled upon as follows. Defendant 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. Defendant s...

Excerpt: ...on this matter. First, this matter must be dropped from calendar due to plaintiff's defective service of notice. Plaintiff's service of the moving papers by mail on 6/21/2018 for a hearing on 7/10/2018 does not give 16 court days plus 5 calendar days' notice as required by Code of Civil Procedure §1005(b), since 7/4/2018 (Independence Day) was a court holiday. (Code Civ. Proc. §12c; Barefield v. Washington Mutual Bank (2006) 136 Cal.App.4th 299...

Excerpt: ...roude's notice of motion inexplicably fails to provide notice of the court's tentative ruling system, as required by Local Rule 1.06. Moving counsel is directed to contact all counsel and advise them 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 any counsel prior to hearing, moving counsel is ordered to appear at the hearing in person or by telephone. Frou...

Excerpt: ...to comply with Code of Civil Procedure §1013a, requiring the “exact title” of each document being served. The court rejects plaintiff's claim that DHCS' opposition papers were not timely filed or served but even if they were, the court has exercised its discretion and considered them. DHCS' objections to plaintiff's reference to the parties' settlement negotiations are sustained. Factual Background This consolidated action arises from a 2013...

Excerpt: ...asserts a cause of action for Quiet Title. Camacho alleges that in 1994 she purchased the Property, Zepeda provided less than $3,000 for the purchase deposit. Both Zepeda and Camacho were listed on the title, but it was “understood” that Zepeda was the sole owner of the Property. In 2002, Zepeda was deported to Mexico. Camacho then took possession of the Property, has remained in continuous possession, and has made all payments for the Proper...

Excerpt: ...rs v. Dep't of Transp. (1997) 15 Cal.4th 543, 590 [judicial notice of findings of fact does not mean that those findings of fact are true]; Steed v. Department of Consumer Affairs (2012) 204 Cal.App.4th 112, 120‐121.) Overview and Procedural History This is a construction defect action for 7 homes. The SAC asserts a single cause of action for violation of Civ. Code §896. Plaintiffs filed their initial complaint on 6/10/2014 which included caus...

Excerpt: ...��Mark”), doing business as Whisler Land Company (“WLC”) agreed to manage properties owned by Edward. Robert and Edward are brothers. WLC is a licensed real estate broker and Robert an associate licensee. In 2004, WLC and Robert entered into a contract wherein Robert agreed to provide property management services as an independent contractor to WLC. Robert and WLC are collectively referred to herein as “Plaintiffs.” Plaintiffs allege th...