Excerpt: ...itt (“Plaintiff”), First Amended Complaint (“1AC”) is ruled upon as follows. Defendants have indicated the incorrect address in their notice of motion. The correct address for Department 54 of the Sacramento County Superior Court is 813 6th Street, Sacramento, California 95814. Defendants shall notify Plaintiff immediately. Request for Judicial Notice Defendants' request for judicial notice (“RJN”) of the PERSCare Evidence of Coverage...

Excerpt: ...Sacramento, et al., Sacramento Superior Court Case No. 2017‐00206890, is granted. Objections to Evidence Plaintiff's objections to evidence are overruled. Defendants' object to Plaintiff's attachment of Exhibits 3, 6, and 7 to the opposition on the grounds the documents were part of a privileged investigation conducted by an outside attorney and are protected by the attorney client privilege and attorney work product doctrine. Defendants furthe...

Excerpt: ...a of Northern California and Northern Nevada's (“Defendant”) motion to dismiss this action based on failure to prosecute within five years is GRANTED. Plaintiff in pro per Raymond M. Douglas (“Plaintiff”) filed this action on July 15, 2016. Defendant filed an Answer on October 20, 2016. (ROA 28.) Plaintiff filed the First Amended Complaint on August 2, 2016, and the Second Amended Complaint (“SAC”) on September 10, 2021. (ROAs 7, 52.)...

Excerpt: ... of the Court's tentative ruling system, as required by Local Rule 1.06. Moving counsel is directed to contact defendants 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 defendants prior to hearing, moving counsel is ordered to appear at the hearing. This is a personal injury action arising out of an accident between two trucks. Mulligan, whi...

Excerpt: ...ember 16, 2021, Plaintiff served objections asserting, among other objections, that she needs to reschedule her deposition, will only appear via video due to her concerns regarding Covid, and that she fears for her safety if she appears in person and Defendant is also present. (Couchot Decl. ¶ 5, Exh. D.) Counsel for the parties then exchanged emails to address Plaintiff's objections. Defendant's counsel addressed Plaintiff's Covid concerns by s...

Excerpt: ...of the motion, the Court must still hold a hearing on the motion as it may involve the receipt of evidence. Although the Court anticipates that no party will request oral argument, and while no class member indicated any intent to appear at the hearing, this does not relieve the parties from appearing at the hearing or otherwise render the instant ruling final in the event oral argument is not requested. The Court will not render a final ruling u...

Excerpt: ...ed at 1402 O Street, Unit A (the “Unit”) from Defendant. Plaintiffs filed their Complaint on September 9, 2021, alleging the following 13 causes of action against Defendant: (1) Tortious Breach of the Implied Warranty of Habitability (Civil Code § 1941 et seq.); (2) Contractual Breach of the Implied Warranty of Habitability (Civil Code § 1941 et seq.); (3) Breach of Contract (Civil Code § 3300 et seq.); (4) Breach of Quiet Enjoyment (Civil...

Excerpt: ...uest for judicial notice of Plaintiffs' Complaint filed on May 10, 2017, the Court's multiple rulings on Defendants' demurrers, and the State of California Secretary of State records for Marcus Underwood, P.C. is granted. Factual and Procedural Background Plaintiffs commenced this action on May 10, 2017. The original Complaint contained causes of action for: (1) breach of contract; (2) breach of the implied covenant of good faith and fair dealer;...

Excerpt: ...icipal code and enacting anew title 8 regarding animals.” The relevant sections of the Elk Grove Municipal Code (“EGMC”) were amended after this ordinance was enacted. (See City of Elk Grove Ord. 4‐2013 § 2, eff. 4/12/2013.) The Court, on its own motion, takes judicial notice of the sections of the Elk Grove Municipal Code cited in this ruling that were in effect at the time of the subject incident. (See Pinela v. Neiman Marcus Group, In...

Excerpt: ...contact Plaintiff prior to the hearing, Defendant's counsel shall be available at the hearing, by Zoom as stated in the introductory NOTICE to today's Tentative Rulings, in the event Plaintiff appears without following the procedures set forth in Local Rule 1.06(B). Defendant's motion for summary judgment is UNOPPOSED and GRANTED. Defendant's request for judicial notice is granted. This is a premises liability action arising from an incident that...

Excerpt: ..., Sacramento, California 95814. Defendant FCA shall notify Plaintiff Charles Matthews (“Plaintiff”) immediately. 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's 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 plai...

Excerpt: ...y objections, to Defendant's (1) Special Interrogatories (Set One); and (2) Request for Production of Documents to Plaintiff (Set One), which this Court, on January 31, 2020, ordered Plaintiff to produce. Plaintiff further moves this Court for an order requiring Plaintiff and his attorney to pay monetary sanctions to Defendant in the amount of $29,910.00 under CCP § 2023.010 et seq. Defendant's motion is brought on the grounds that Plaintiff has...

Excerpt: ...s, Inc. (“Defendant MKS”), and Newport Corporation (“Defendant Newport”) as defendants, and alleged seven causes of action: (1) Breach of Written Master Services Agreement (2) Breach of Implied Covenant of Good Faith and Fair Dealing (MSA) (3) Promissory Estoppel (4) Breach of Implied in Fact Contract (5) Breach of Third‐ Party Beneficiary Contract (6) Breach of Implied Covenant of Good Faith and Fair Dealing (7) Breach of Fiduciary Dut...

Excerpt: ... *** Defendants and Cross‐Complainants Christine Evans and Richard Evans (collectively the “Evans”) motion to compel Plaintiff and Cross‐ Defendant Aspen G LLC's (“Aspen”) further responses to special interrogatories (set two) is ruled upon as follows. Aspen's action against the Evans is for breach of contract and common counts ‐ money owed. Aspen alleges that on 8/31/2005, the Evans obtained a loan for $120,000 with First Franklin ...

Excerpt: ... 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 CSAA Insurance Exchange's (“CSAA” or “Defendant”) motion for summary judgment, or in the alternative, summary adjudication is ruled upon as follows. Overview This is an insurance bad faith action. Plaintiff Kelly Alexander alleges that she is severely hea...

Excerpt: ...tter Crossing, LLC and FPI Management, Inc.'s (collectively “ Defendants”) demurrer to Plaintiffs' complaint is ruled upon as follows. Overview This is an action by a tenant and her family against their residential landlord and apartment manager. Plaintiffs allege that during their occupancy the property was defective in repair and maintenance, in that, among other things: the building permitted intrusion of water into its interior; the prope...

Excerpt: ...omplaint on May 17, 2021. Plaintiff alleges that “as a result of Defendant's ongoing policy and/or practice of failing to provide cash to consumers wishing to redeem a gift card with a cash value less than $10.00, or alternatively, Defendant's failure to maintain a policy and/or practice of complying with Civil Code section 1749.5(b)(2), Defendant has violated and will continue to violate consumers' statutory rights pursuant to Civil Code secti...

Excerpt: ... ("Samantha"), Elizabeth Osborn ("Elizabeth"), and Lucy Stem Guevara's ("Lucy")' (collectively, the "Osborn Plaintiffs") SAC is ruled on as follows. Hyundai Defendants' Request for Judicial Notice is GRANTED. Osborn Plaintiffs' Request for Judicial Notice in support of its opposition is GRANTED. In taking judicial notice of these documents, however, the court does not accept the truth of the factual assertions therein. (Herrera v. Deutsche Bank N...

Excerpt: ...Sacramento, California 95814. The notice of motion does not provide notice of the Court's tentative ruling system, as required by Local Rule 1.06. Defendant is directed to contact Plaintiff's counsel and advise him or her of Local Rule 1.06 and the Court's tentative ruling procedure and the manner to request a hearing. If Defendant is unable to contact plaintiff prior to hearing, Defendant is ordered to appear at the hearing. This products liabil...

Excerpt: ...in part with leave to amend as to the fifth cause of action for conversion. Requests for Judicial Notice The Law Firm Defendants' request for judicial notice is granted. Plaintiffs' 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 [judicial notice of finding...

Excerpt: ...ndant”) in the amount of $9,921.05 arising from allegations that Defendant caused a car collision. The parties entered a written Stipulation for Entry of Judgment in June 2021. Defendant and Plaintiff agreed to a settlement of $9,921.05 to be made in monthly payments of $50 beginning July 1, 2021 and continuing thereafter pursuant to the written terms of the agreement, by Defendant to Plaintiff. The agreement provides that the Court retained ju...

Excerpt: ...is not considered by this Court. Defendant's reply arguments are considered herein. Facts This personal injury matter arises from a car accident that occurred on May 15, 2019. Plaintiff filed the instant complaint on April 9, 2021 alleging general negligence. Defendant brings the instant motion pursuant to Code of Civil Procedure section 664.6 on the basis that Plaintiff erroneously signed an email correspondence with Plaintiff's insurance adjust...

Excerpt: ...gate was formed in 1964 as a limited equity low‐income co‐operative housing project. Plaintiff Southgate filed its Complaint on January 18, 2022, and named the State of California Department of Housing and Community Development (“Defendant HCD”) as the sole defendant. On December 22, 1992, Plaintiff Southgate borrowed the sum of $2,197,725.00 from Defendant HCD pursuant to a Rehabilitation Loan Agreement for the “rehabilitation of the R...

Excerpt: ...2015, Plaintiffs were disqualified from further representing Ms. Hill in the Hill Action. On or about June 2, 2015, Hill engaged Defendant Port Parker (“Parker”) to take over representing Hill in the Hill Action. Moving Defendants represented the malpractice defendants in the Hill Action. On October 14, 2015, Plaintiffs filed a “Notice of Lien” in the Hill Action. Plaintiffs served the Notice of Lien on Moving Defendants. On or about Augu...

Excerpt: ... Lathum (collectively “Plaintiffs”). Defendant moves to compel Plaintiffs' individual claims only and to stay the action pending arbitration. I. Legal Standard “Under both federal and state law, the threshold question presented by a petition to compel arbitration is whether there is an agreement to arbitrate.” (Sparks v. Vista Del Mar Child and Family Svcs. (2012) 207 Cal.App.4th 1511, 1517.) “Absent a clear agreement to submit disputes...