Excerpt: ...and negligent hiring, supervision and retention. Plaintiff alleges that she is an African American female and was employed as a Manager of Utilization Review. In December 2019, Plaintiff was informed that one of the employees under her leadership was acting belligerent and that her co‐workers were fearful. The employee, Irene Morrison (“Morrison”), is also an African American female. Plaintiff visited the worksite to observe Morrison and le...

Excerpt: ...ntative ruling to Plaintiff Dimario Pickford within 48 hours of receiving it. The hearing date shall automatically be continued one week plus one court day for oral argument. The continuance date will always be an appearance required hearing so that Plaintiff Dimario Pickford need not request oral argument. The Litigation Coordinator shall make Plaintiff Dimario Pickford available, by Zoom telephonically, at 9:00 a.m. on the date of the continued...

Excerpt: ...ghboring property owners. Plaintiffs initially filed this action on August 6, 2020 and included the following nine causes of action: (1) breach of contract; (2) fraud; (3) general negligence; (4) conversion; (5) adverse possession; (6) trespass; (7) invasion of privacy; (8) intentional infliction of emotional distress; and (9) breach of the implied covenant of good faith and fair dealing. Defendants filed a demurrer to the initial complaint on Ja...

Excerpt: ...fore the court, for settlement of the case, or part thereof, the court, upon motion, may enter judgment pursuant to the terms of the settlement. If requested by the parties, the court may retain jurisdiction over the parties to enforce the settlement until performance in full of the terms of the settlement." (CCP § 664.6(a).) Moreover, “a party moving for the entry of judgment pursuant to a settlement under Code of Civil Procedure section 664....

Excerpt: ...summons and complaint were served on “Marie Alvarez, Co‐occupant, White, Female, 40 Years Old, Brown Hair, 5 Feet Inches, 140 Pounds” at 3741 Y Street Sacramento, CA 95817. Defendant moves for relief from default pursuant to CCP §§ 473.5, 473(b) and 1788.61. The motion based on all three statutes is untimely. A motion pursuant to CCP §473.5 must be filed “within a reasonable time, but in no event exceeding the earlier of: (i) two years...

Excerpt: ...ers. *** Defendant Gursimrat Sekhon's (“Defendant”) motion to compel Plaintiff Vrinder Grewal's (“Plaintiff”) further responses to special interrogatory nos. 16 and 28 is ruled upon as follows. The Court need not rule on Defendant's request for judicial notice since it was not material to the Court's disposition of this motion. This is a personal injury action based on Defendant's alleged assault and battery on Plaintiff. Plaintiff, a doc...

Excerpt: ...earing 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 Sacramento Municipal Utility District (“SMUD”) and Michael Meeks (“Meeks”) (collectively, “Defendants”) move for summary judgment or, in the alternative, summary adjudication as to Plaintiff Amadu Barrie's (“Plaintiff”) second amended complaint (“SAC”...

Excerpt: ...l being served" as required by Code of Civil Procedure section 1010.6(e) (1). Provided that Defendant files the declaration, the following will become the tentative ruling of the Court. Defendant National University's (“Defendant”) motion for summary judgment, or in the alternative, summary adjudication is UNOPPOSED and is GRANTED. Overview This is an action for breach of implied contract and breach of implied covenant of good faith and fair ...

Excerpt: ...: “[o]n October 8,2019, [Defendant] knowingly and with malicious intent, introduced a fraudulent document into an official hearing. (See attached exhibit, "A") This document was utilized as the principal factor in denying Plaintiff early parole consideration. Defendant had first hand knowledge of Plaintiff's criminal conviction and elected to create and submit a series of severe criminal allegations into the record to sway the parole commission...

Excerpt: ...c) to December 14, 2022, to allow the parties to meet and confer as required by CCP section 430.41(a). Defendant's counsel filed a code‐compliant declaration on December 1, 2022. (ROA 120.) BACKGROUND Plaintiffs filed a First Amended Complaint (“FAC”) on June 24, 2022. The FAC alleges causes of action for general negligence, motor vehicle negligence, and loss of consortium. The FAC alleges that Defendant contracted to provide pilot car serv...

Excerpt: ...stment in certain real property. Specifically, Plaintiff alleges that in April of 2020 he hired Defendant Julie Ann Ryan, who was employed as a real estate agent by Defendant William L. Lyon & Associates, Inc., to assist him with a loan transaction. (FAC, ¶¶ 10‐11, 18.) Defendant Andre Scott is the managing member of Defendant Eurisko Development's, LLC, and Plaintiff alleges that the company operates as Mr. Scott's alter ego. (FAC, ¶¶ 8, 1...

Excerpt: ...ifty‐percent (50%) interest in property located at 237 Creekside Way, Galt, CA 95632 (“Property”). The Salvador R. Pamplona 2021 Separate Property Trust (“Trust”) has a fifty‐percent (50%) tenant‐ incommon interest in the Property. (Complaint, ¶¶ 3‐4.) In February 2011, Plaintiff and Salvador's mother, Cristina Pamplona (“Cristina”) transferred the Property to Salvador and Cristina's grandson, Carlos B. Pamplona (“Carlos�...

Excerpt: ...ica Pamplona‐ Estrada (“Pamplona‐Estrada”) and Anthony Short (“Short”) as well as Pamplona‐Estrada's passenger Angelina Pamplona (“Pamplona”). Malik alleges that Pamplona‐Estrada and Short were separately operating their vehicles on Highway 99 in a manner that caused a multi‐vehicle chain collision with Malik's vehicle. Short and Pamplona‐Estrada filed Cross‐Complaints against each other for indemnity and apportionment o...

Excerpt: ... On November 21, 2022, Plaintiffs' counsel filed a declaration containing the previously omitted exhibits. (ROA 48.) On December 5, 2022, Defendant's counsel filed an amended declaration, including a revised copy of Exhibit 4. (ROA 54.) The Court notes that counsel's original declaration described Exhibit 3 as a “true and correct copy of what I am informed and believe is the Retail Installment Sale Contract” and Exhibit 4 as a “true and cor...

Excerpt: ...Complaint, ¶ 7.) Defendant filed an answer on May 30, 2019. (ROA 35.) On August 29, 2019, Plaintiff dismissed the other two named Defendants, Russell Meadows and Judith Meadows. (ROA 45.) The matter was initially set for trial on May 24, 2022. (ROA 63.) However, on May 23, 2022, Plaintiff filed an ex parte application to continue the trial date. (ROA 70.) Plaintiff also requested a continuance orally on May 24, which the Court granted. (ROA 69.)...

Excerpt: ...ts (“RFPD”), Set Three, on January 5, 2022. Plaintiff found Defendant's responses and production of documents in response to RFPD Nos. 41 and 43 responses to be deficient, and during the ensuing meet and confer efforts, Defendant produced a privilege log that identified documents that were responsive to those two RFPDs but that were being withheld on the basis of attorneyclient privilege. (See Telfer Decl., ¶ 3, Exh. 1.) Plaintiff ultimately...

Excerpt: ...Medical Board of California as a Physician and Surgeon." (Petition , 2:3‐4 (emphasis added).) However, the Petition later states that Respondent was Board‐certified in Psychiatry and Neurology, and has a practice providing psychiatric care in Placer County. (Petition, Ex. B, ¶ 5 (emphasis added).) Respondent's opposition indicates that he is a psychiatrist. (Opposition, 4:2.‐21.) In February 2020, the Medical Board of California ("Board") ...

Excerpt: ...he 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 hearing by Zoom or by telephone. Background ...

Excerpt: ...or Court is 813 6th Street, Sacramento, California 95814. Plaintiff shall notify defendant Javier Villa Santana (“Defendant”) immediately. California Code of Civil Procedure § 664.6 provides: “If parties to pending litigation stipulate, in a writing signed by the parties outside the presence of the court or orally before the court, for settlement of the case, or part thereof, the court, upon motion, may enter judgment pursuant to the terms...

Excerpt: ... motion. Everest contends the exhibits were marked confidential and produced only to plaintiff Zurich American Insurance Company (“Zurich”) pursuant to the Court's May 12, 2021, Stipulated Protective Order. (ROA 81; Branse Decl. ¶ 10.) Exhibit 12 is Everest's California Contracting Program Underwriting Guidelines and Exhibit 13 is the February 28, 2002 revised guidelines. Everest contends the exhibits are internal detailed underwriting guide...

Excerpt: ...Lemons' office located in Sacramento, California, which is beyond the geographic limits of CCP § 2032.220(a)(1), is GRANTED. Defendants filed this motion concurrently with their motion to compel Mrs. Shapton to appear for her deposition in Sacramento on Thursday, January 26, 2023, which is also granted as set forth in the Court's concurrent ruling. This action arises from a two‐car accident that occurred on June 13, 2019, on LaTrobe Road at th...

Excerpt: ...eging claims for general negligence and premises liability. Plaintiff alleges he was electrocuted on November 22, 2016, while working on the LED lights at Roseville Toyota. Plaintiff alleges he was instructed by his employer, defendants Next Step Energy, Inc.; Angela Novak; and Theodore Novak to repair the LED lights and that Roseville Toyota negligently owned, maintained, controlled, and/or managed the dangerous facility and created a dangerous ...

Excerpt: ...icate the address for Department 54 of the Sacramento County Superior Court, which is 813 6th Street, Sacramento, California 95814. Defendants shall notify plaintiff Jeff Harada (“Plaintiff”) immediately. The notice of motion also does not provide notice of the Court's tentative ruling system as required by Local Rule 1.06(D). Defendants are ordered to notify Plaintiff immediately of the tentative ruling system and the manner to request a hea...

Excerpt: ... 3, 2022, the Court granted Plaintiff's unopposed motion to deem matters admitted. (ROA 14.) 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 March 11, 2022, the balance owed on the account was $6,928.53; no payments have been made on the account since March 11, 2022; the la...

Excerpt: ...the Holt Law Firm's (collectively “Defendants”) demurrer to pro per Plaintiffs Victoria Yeager and Gen. Charles Yeager's (Ret.) (collectively “Plaintiffs”) third amended complaint (“TAC”) is ruled as follows. Defendants failed to comply with CRC Rule 3.1110(f)(3) which requires that each paper exhibit must be separated by a hard 8 ½” x 11” sheet with hard paper or plastic tabs extending below the bottom of the page, bearing the e...

Excerpt: ...ttee formed pursuant to the Federal Labor Management Cooperation Act of 1978 (29 U.S.C. § 175a). Defendant Brown Construction, Inc. (“Brown”) is a licensed contractor who served as the general contractor on a construction project in Sacramento known as the Arden Gateway project. Defendant Advantage Drywall, Inc. (“ADI”) is a licensed drywall contractor who served as a subcontractor of Brown's on the project. Plaintiff alleges that Defend...

Excerpt: ...ation “shall specify the time, place, manner, conditions, scope, and nature of the examination, as well as the identity and the specialty, if any, of the person or persons who will perform the examination.” (CCP §2032.310(b); Carpenter v. Superior Court (2006) 141 Cal.App.4th 249, 259.) Additionally, the Court's order “must set forth certain details of the examination: ‘An order granting a physical or mental examination shall specify the...

Excerpt: ...ively, “Defendants”). Plaintiff was previously employed as a family physician with CDCR at California State Prison‐Sacramento, and Defendants Sahota and Bobbala were his supervisors. Plaintiff filed his initial complaint on December 12, 2019 alleging various employment causes of action, including religious and national origin discrimination, retaliation, and failure to accommodate. These claims stemmed from Defendants' responses to Plaintif...

Excerpt: ...oom telephonically, call (833) 568‐8864 and enter the Zoom ID: 16146506749. Defendant California Department of Corrections and Rehabilitation's (“CDCR”) demurrer to incarcerated plaintiff in pro per Paul Anthony Moreno's (“Plaintiff”) Complaint is ruled upon as follows. Plaintiff filed his Complaint on January 31, 2022, alleging a single cause of action for “Negligence in Law [Penal Code § 4576 (e), (i)].” Plaintiff alleges that an...

Excerpt: ... Street, Sacramento, California 95814. Defendant shall notify Plaintiff immediately. On December 27, 2016, plaintiff Dawn Virginia Randall (“Plaintiff”) filed the Complaint in this action for personal injuries related to a fall that occurred on January 6, 2015. The initial trial date was September 25, 2018. (ROA 26.) On September 6, 2018, the Court granted Plaintiff's motion to continue trial pursuant to the parties' stipulation. (ROA 36.) A ...

Excerpt: ...following five causes of action against CDCR: (1) wrongful discharge in violation of public policy; (2) retaliation in violation of FEHA; (3) failure to prevent and investigate harassment and retaliation in violation of FEHA; (4) retaliation (Labor Code § 1102.5); and (5) intentional infliction of emotional distress. On December 15, 2020, the Court sustained CDCR's demurrer without leave to amend as to the first and fifth causes of action. (ROA ...

Excerpt: ...his action arises from decedent Theresa Marks' admission and stay with Defendant from September 16, 2020, through September 23, 2020. Plaintiffs filed the Complaint on September 15, 2021, asserting causes of action for: (1) elder abuse/neglect; (2) professional negligence; (3) wrongful death; (4) negligent infliction of emotional distress; and (5) violation of Patient's Rights. The 1AC was filed on February 25, 2022, alleging the same causes of a...

Excerpt: ...d a 2020 Honda Pilot. Plaintiff alleges that Defendant is a manufacturer and/or distributor under the Act. During the warranty period, the vehicle experienced defects and non‐conformities, including but not limited to, electrical and transmission issues. Plaintiff moves to compel Defendant's further responses to RFP Nos. 37‐43 and 45‐ 46. The parties entered into, and the Court signed, a stipulated protective order on October 21, 2022. RFP ...

Excerpt: ...o compel Magby's deposition, which this Court granted on February 22, 2022. Therein, the Court ordered Magby to appear for deposition no later than May 14, 2022. (ROA 71.) Magby's counsel agreed to a deposition date of March 8, 2022, and Bennett served a Second Amended Notice of Deposition reflecting the agreed‐upon date. On March 8, 2022, however, Magby's counsel again stated that neither he nor Magby would be appearing for the deposition as s...

Excerpt: ... City of Sacramento (“City”) and Brad Wasson's (“Wasson”) (collectively “Defendants”) motion for judgment on the pleadings is ruled upon as follows. I. Overview Plaintiffs Lanette and Bryan Davies (collectively “Plaintiffs”) allege that they are the owners of Canna‐Care, a lawfully operating medicinal marijuana dispensary. (First Amended Complaint (“FAC”), ¶¶ 1‐2.) Plaintiffs allege that defendant Wasson is the Revenue M...

Excerpt: ...venture. Plaintiff's deposition was originally noticed for September 9, 2021, but was rescheduled several times due to Plaintiff's inadequate responses to Defendants' written discovery. Eventually, Plaintiff sat for his deposition on May 4, 2022. However, after only two hours of testimony, Plaintiff and Plaintiff's counsel abruptly stopped the deposition due to Plaintiff's perception that defense counsel was harassing him with his questions, with...

Excerpt: ...ber 29, 2022 when they filed a petition to vacate contractual arbitration award. Petitioners and Respondent participated in contractual arbitration on March 29‐ 30, 2022. The arbitrator issued her opinion and award on June 23, 2022 and served the award on the parties the same day. In total, on September 29, 2022, Petitioners filed a petition to vacate on a Judicial Council ADR‐106 form (ROA 1), a civil case cover sheet (ROA 2), a summons (ROA...

Excerpt: ...greed to dismiss her cause of action against Defendant. After receiving the settlement proceeds, Plaintiffs' counsel's office mailed a Request for Dismissal to this Court on August 23, 2022. (Schuchhardt Decl., ¶ 6.) The dismissal did not specify that the dismissal was as to Ms. Sanchez Garcia only. (Id. at ¶ 6, Exh. B.) Counsel's office discovered the mistake the following day and contacted the Court that same day. (Id. at ¶ 7.) Counsel was i...

Excerpt: ...nd counsel for all other parties to the underlying action 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 Respondent and counsel for all other parties prior to hearing, moving counsel is ordered to appear at the hearing by Zoom or by telephone. Moving counsel is admonished for failing to comply with CRC Rule 3.1110(f)(4). Exhibits must be sep...

Excerpt: ...ed a 2018 Ford Ecosport (“the Vehicle”) from Defendant in Roseville on July 15, 2019, and Defendant issued express warranties in connection with that transaction. The Vehicle has since exhibited numerous defects and nonconformities covered by the warranties that substantially impair the use, value, and safety of the Vehicle. Plaintiff delivered the Vehicle to Defendant's authorized repair facilities for repairs but Defendant has failed to rep...

Excerpt: ...iff filed a First Amended Complaint (FAC), which identified an address of the alleged incident as 9230 Kiefer Boulevard in Sacramento, California. As to injury, however, the FAC states only as follows: “3. On or about September 7, 2020, Defendant(s) owned, operated managed, maintained, controlled, and/or was/were in possession and control of a residential apartment complex doing business as “The Retreat Apartments” located at 9230 Kiefer Bl...

Excerpt: ...oom telephonically, call (833) 568‐8864 and enter the Zoom ID: 16146506749. Defendant California Department of Corrections and Rehabilitation's (“CDCR”) demurrer to incarcerated plaintiff in pro per Paul Anthony Moreno's (“Plaintiff”) Complaint is ruled upon as follows. Plaintiff filed his Complaint on January 31, 2022, alleging a single cause of action for “Negligence in Law [Penal Code § 4576 (e), (i)].” Plaintiff alleges that an...

Excerpt: ...�) is UNOPPOSED and DENIED without prejudice for lack of proper notice. Plaintiff's Application for Writ of Possession of the Collateral, as against Defendant Satpal Singh Brar (“Defendant Brar”) is UNOPPOSED AND GRANTED, provided that proof of service to Defendant Brar demonstrating compliance with the service requirements of Code of Civil Procedure sections 512.030 and 1005 are filed prior to the time of the hearing. If such proof of servic...

Excerpt: ...nrelated claim in her account with Defendant. (See Complaint, ¶¶ 10‐23.) Plaintiff's complaint asserts a total of nine causes of action including civil rights violations, unfair competition, defamation, and negligent hiring. Plaintiff served Defendant with the subject Requests for Production of Documents, Set One on April 14, 2022. Defendant served its initial responses on June 10, 2022. Plaintiff's counsel sent a meet and confer letter on Ju...

Excerpt: ...equires that each paper exhibit be separated by a hard 8 ½" x 11" sheet with hard paper or plastic tabs extending below the bottom of the page, bearing the exhibit designation. Failure to comply with this rule makes it cumbersome for the Court to review the corresponding exhibits and evidence. The Court does not consider Defendants' “rebuttal and supporting evidence” to White's responses to Defendants' UMFs. The summary judgment statute does...

Excerpt: ...lectively, “Defendants”) demurrer to Plaintiff in pro per Larry Redic's (“Plaintiff”) complaint is ruled upon as follows. Defendants' request for judicial notice of Executive Order N‐ 33‐20 is granted. The Court declines to take judicial notice that the Order “does not establish specific COVID ‐19 safety protocols for California's prisons.” (See, Def.'s RJN at 1:26‐27.) The Court notes that Plaintiff filed an opposition on Aug...

Excerpt: ...plaint for Refund of Property Taxes on December 7, 2020. After the Court granted Plaintiff's motion for leave to file a First Amended Complaint (“1AC”) on January 26, 2022, Plaintiff filed the operative 1AC on January 26, 2022. (ROAs 40, 41.) Defendant filed its Answer to the 1AC on February 25, 2022, asserting three affirmative defenses. (ROA 43.) Defendant's first affirmative defense states “[t]he first amended complaint and each and ever...

Excerpt: ...“2AC”) is ruled upon as follows. Defendants' request for judicial notice is granted. This action arises from Plaintiff's former employment with Defendants. Plaintiff alleges she was employed by Defendants since 1987 until she was forced to resign in May of 2019. (2AC ¶ 8.) Two months later, on July 1, 2019, Plaintiff filed a verified complaint with the Department of Fair Employment and Housing (“DFEH”), and on the same day she received a...

Excerpt: ...oreno within 48 hours of receiving it. The hearing date shall automatically be continued one week plus one court day for oral argument. The continuance date will always be an appearance required hearing so that Paul Anthony Moreno need not request oral argument. The Litigation Coordinator shall make Paul Anthony Moreno available, by Zoom telephonically, at 9:00 a.m. on the date of the continued hearing date, which will be November 29, 2022, to pa...

Excerpt: ...mended Complaint (“2AC”) is ruled upon as follows. Defendants' request for judicial notice is granted. This action arises from Plaintiff's former employment with Defendants. Plaintiff alleges she was employed by Defendants since 1987 until she was forced to resign in May of 2019. (2AC ¶ 8.) Two months later, on July 1, 2019, Plaintiff filed a verified complaint with the Department of Fair Employment and Housing (“DFEH”), and on the same ...

Excerpt: ... Cathy Looc (“Plaintiff”) is GRANTED. Moving Defendants have indicated the incorrect address in the notice of motion. The correct address for Department 54 of the Sacramento County Superior Court is 813 6th Street, Sacramento, California 95814. Plaintiff filed this personal injury action on January 8, 2021, against Moving Defendants and defendant Lai alleging claims of general negligence and premises liability arising out of a dog bite/attack...

Excerpt: ...22. (ROA 1.) The action apparently arises out of an alleged insurance policy issued to Plaintiff pertaining to a structure on Plaintiff's property. The structure was later damaged by fire. Plaintiff alleges that he submitted a claim to WMIC, but WMIC delayed paying benefits on the claim. Plaintiff alleges claims for breach of contract and breach of the implied covenant of good faith and fair dealing. The evidence submitted by Defendant establishe...

Excerpt: ...e established rules and regulations of the mobilehome park. Specifically, the petition for injunctive relief alleges causes action against Respondents pursuant to Civil Code section 798.88 of the Mobilehome Residency Law (MRL), which provides that park management may enjoin any person violating a reasonable rule or regulation of a mobilehome park from such violation. “If the court, by clear and convincing evidence, finds the existence of a cont...

Excerpt: ...lectively, “Defendants”) demurrer to Plaintiff in pro per Larry Redic's (“Plaintiff”) complaint is ruled upon as follows. Defendants' request for judicial notice of Executive Order N‐ 33‐20 is granted. The Court declines to take judicial notice that the Order “does not establish specific COVID ‐19 safety protocols for California's prisons.” (See, Def.'s RJN at 1:26‐27.) The Court notes that Plaintiff filed an opposition on Aug...

Excerpt: ... plus interest on the unpaid loan amount. The agreement further provided that Defendant would make minimum payments in accordance with an agreed‐upon payment schedule. The agreement further memorialized Defendant's understanding that he would be in default if, among other things, he failed to make a payment when it was due or failed to comply with any term or condition of the loan agreement. On January 22, 2021, Defendant breached the terms of ...

Excerpt: ...o file a response by November 1, 2022, which they did. The Court now addresses Plaintiffs' showing below. Background This is a lemon law action that was filed on March 18, 2014. Fourteen months later, on May 19, 2015, the parties reached a conditional settlement when Plaintiffs accepted Defendant FCA US LLC's (“Defendant”) CCP section 998 offer to compromise. Plaintiffs filed a notice of conditional settlement on October 28, 2015, which state...

Excerpt: ... 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 or by telephone. Background Plaintiff initiated this wrongful termination action against Defendant Safeway Inc. (“Defendant”) on July 18, 2019. Plaintiff's complaint included a total of seventeen causes of action. The first 11 causes of action were brought under the Fair Employment and Housing Act (�...

Excerpt: ...ommodate and violations of the Labor Code. Plaintiff's discrimination, retaliation and failure to accommodate causes of action also include allegations that Defendant discriminated against her due to her association with her son, who suffered from depression, had special needs, and suicidal ideations. Plaintiff alleges that she requested a reasonable accommodation for her son's disability, but Defendant failed to accommodate her request. She furt...

Excerpt: ...10 employment causes of action under provisions of the Labor Code and FEHA. On November 4, 2021, the Court granted Plaintiff's former counsel's motion to withdraw as Plaintiff's counsel of record in this matter. (ROA 24.) Defendant had served Plaintiff's former counsel with a notice to take Plaintiff's deposition on September 10, 2021, with the deposition scheduled for November 2, 2021. (Moores Decl., ¶ 6, Exh. B.) Defendant later served an amen...

Excerpt: ...ff's motion is UNOPPOSED and 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. Plaintiff's counsel is directed to contact Defendant and advise Defendant 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 Defendant prior to hearing, moving counsel is ordered to appear at th...

Excerpt: ...ims stem from a home loan taken out by Defendant from Cal State 9 Credit Union (“CS9”) on or about October 18, 2006. The loan was secured by a second deed of trust and recorded with the Sacramento County Recorder's Office on May 1, 2007. The loan was ultimately sold to Plaintiff via an allonge executed by CS9 effective May 16, 2008. On July 14, 2008, an assignment of deed of trust was recorded with Sacramento County Recorder's Office transfer...

Excerpt: ...tion of this demurrer. The Court will not repeat the summary of the facts alleged in the complaint since it already summarized the facts in ruling on co‐defendant Trustee's demurrer. As pertinent here, Plaintiff alleges that Defendants purchased the Property from The Betty M. Comeau Trust, dated May 7, 2019, Brian A. Puiia, Successor Trustee. (Complaint, ¶ 2.) Defendants demur to the following “causes of action”: ∙ Quiet title on the gro...

Excerpt: ... stop initiated by Rose. Plaintiff filed her original Complaint on August 12, 2021, her First Amended Complaint on November 30, 2021, and the operative 2AC on June 16, 2022. (ROAs 1, 8, 21.) The 2AC alleges causes of action for negligence (Gov. Code § 815.2(a), assault, Ralph Act violation (Civ. Code § 51.7), and Bane Act violation (Civ. Code §§ 52.1 and 52.) This is the first challenge to the pleading. The following facts are alleged in the ...

Excerpt: ... 54 Cal.App.4th 216, 219; Nordlinger v. Lynch (1990) 225 Cal.App.3d 1259, 1271; Boyle v. City of Redondo Beach (1999) 70 Cal.App.4th 1109, 1114, fn. 2.) “If the complaint states a cause of action under any theory, regardless of the title under which the factual basis for relief is stated, that aspect of the complaint is good against demurrer." (Quelimane Co. v. Stewart Title Guaranty Co. (1998) 19 Cal.4th 26, 38‐39; Bagatti v. Dept. of Rehabi...

Excerpt: ...pposing counsel and advise 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. This motion concerns a $15,000 Contractor's License Bond issued by ACIC to Swan Engineering, Inc. as principal pursuant to Business and Professions Code sections 7071.5 and 7071.11. (Hayes Decl. ¶ ...

Excerpt: ...he Court's tentative ruling system as required by Local Rule 1.06(D). Plaintiff is ordered to notify Defendants immediately of the tentative ruling system and the manner to request a hearing. If Plaintiff is unable to contact Defendants prior to hearing, Plaintiff is ordered to appear at the hearing. On September 2, 2020, Plaintiff submitted her written notice under Labor Code § 2699.3 (the "PAGA Notice") to the Labor and Workforce Development A...

Excerpt: ...ourt'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. This action arises out of an incident that occurred on August 25, 2018, wherein plaintiff Miguel Ledezma (“Plaintiff”) was replacing wood siding around the exterior of Defendant's home. Plaintiff stepped onto the roof and awning above a first‐floo...

Excerpt: ...t and Plaintiffs. On August 29, 2022, Plaintiffs filed an Application for Good Faith Settlement Determination. Plaintiffs have settled with non‐party insured Julie P. Armenta (“Armenta”) for $1,000,000 in exchange for Plaintiffs' full and complete release of Armenta, and waiver of all residual rights otherwise reserved by California Civil Code §1542 against her, associated with all claims against her arising from or relating to an auto/ped...

Excerpt: ...nts' motion to compel Plaintiff's initial responses is DENIED since Plaintiff served responses to the discovery prior to Defendants filing of the motion. Defendants' alternative motion to compel Plaintiff's further responses is GRANTED. Plaintiff filed a “partial opposition.” As an initial matter the Court is not persuaded by Plaintiff's argument that the discovery is defective because Holt did not sign the discovery requests. Plaintiff proff...

Excerpt: ...and charges against Hall were dismissed. On December 27, 2020, Hall purportedly submitted a Claim for Damages and Restitution to the Sacramento County Board of Supervisors ("Claims") (although no such Claim is submitted with the Petition). Although Hall suggests that the Board of Supervisors did not respond to his Claim, Hall submits Notice of insufficiency from January 11, 2021, stating that the Claim failed, for a number of reasons, to substant...

Excerpt: ...sault and intentional infliction of emotional distress. Plaintiff David Zelnick, individual, and as trustee of the David D. Zelnik Trust dated June 12, 2013 alleges that he and Defendants own neighboring properties (“Properties”). (FAC, ¶P 7‐8.) The Properties are located in a common interest development commonly referred to as the Oaks at Carmichael (“the Oaks”). Both Properties are rentals. (Id.) Plaintiff alleges that Defendants ins...

Excerpt: ... a.m. to participate in oral argument. To appear on Zoom telephonically, call (833) 568‐8864 and enter the Zoom ID: 16146506749. Defendant Sacramento County's (erroneously sued as Sacramento City and County) (“Defendant”) demurrer to incarcerated plaintiff in pro per Theodore Benjamin Vaden's (“Plaintiff”) Complaint is UNOPPOSED and SUSTAINED with leave to amend. Plaintiff filed his personal injury form complaint on November 29, 2021. T...

Excerpt: ...lleged the following causes of action: (1) negligence, (2) negligent supervision/training/hiring/retention, (3) sexual battery, (4) assault, and (5) violation of civil rights under various provisions of the Civil Code. Plaintiffs' claims arise out of alleged sexual abuse that occurred in approximately 1988‐1990 when Plaintiffs were minors. (Complaint, ¶¶ 7‐ 11.) Plaintiffs are all now over 40‐years‐old. (Ibid.) The complaint identifies ...

Excerpt: ...r the Court ordered the FAC be filed. (See ROA 19.) However, the Court exercises its discretion to accept the late filing. (See Harlan v. Department of Transp. (2005) 132 Cal.App.4th 868, 874.) The FAC includes the following three causes of action: (1) quiet title, (2) breach of contract, and (3) declaratory relief. The declaratory relief cause of action is labeled as the “fifth cause of action.” Plaintiff alleges that she and her late husban...

Excerpt: ... is ruled upon as follows. Defendants' request for judicial notice is granted. In taking judicial notice of court filings, the Court accepts the fact of their existence, not the truth of their contents. ( 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]; Sosinsky v. Grant (1992) 6 Cal.App.4th 1548, 1566.) Background and Allegations in the...

Excerpt: ... ended while occupying a 2002 Oldsmobile owned by their son, Michael Crawford, and daughter‐inlaw, Sara Crawford. At the time of the collision, Michael and Sara resided in the same household as Petitioner. Petitioner and her late husband maintained auto insurance, including underinsured motorist (UIM”) coverage, through Respondent CSAA (“Respondent”). The Oldsmobile was insured through Geico, who is not a party to this matter. Petitioner ...

Excerpt: ...erst, are also overruled. Background This is a personal injury/wrongful death case stemming from a car accident that occurred on May 24, 2006. Plaintiff Phoenix Kaplow (“Plaintiff”) was a passenger in a vehicle along with his mother, Chelsea Wood (“Decedent”). Plaintiff suffered physical injuries while Decedent died as a result of the accident. The vehicle involved was a 2005 Honda Civic owned by Defendant Latisha Custer (“Ms. Custer”...

Excerpt: ...n matters. *** 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's counsel shall notify Defendant's counsel of the correct address 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 c...

Excerpt: ...ter was argued and submitted. The Court continued the matter to today's date to permit Summer Palace to file a sur‐ reply by October 21, 2022, and plaintiffs E & A Monroy Holdings LLC (“E & A”) and SAI Supermarkets, Inc. dba Del Valle Supermarket (“Del Valle”) (collectively, “Plaintiffs”) to file a response by October 28, 2022. Having received Summer Palace's sur‐reply and Plaintiffs' response, the Court now rules as follows. Obje...

Excerpt: ...ntain a heater on the property rented to Plaintiff by Defendants, which led to Plaintiff's carbon monoxide poisoning. Plaintiff claims to have suffered an irreversible brain injury and to have received extensive psychiatric treatment as a result of Defendants' conduct. Plaintiff's mental condition is at issue in this litigation. (CCP § 2032.020(a).) During the course of discovery, Plaintiff voluntarily submitted to two examinations: the first an...

Excerpt: ...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. Factual and Procedural Background Plaintiffs are cellular telephone consumers who have filed three actions regarding the sales tax reimbursement paid pursuant to sales tax Regulation 1585 when they purchased cellular phones at a discounted price in a bundled sale. “Sales tax reimbursement” is the...

Excerpt: ...186, 188, 190, 192, 194, 196, 198, 250, 252, 254, 256, 258, 260, 262, 264, 266, 268, 270, 272, 274, 338, 340, 342, 344, 346, 348, 350, 352, 354, 358, 401, 402 and 403 is ruled upon as follows. This action arises from an Agreement for Purchase of Recycleables pursuant to which the City sells recycleable materials to USA Waste for resale into the recycling commodities market. USA Waste filed its Complaint on October 16, 2020, alleging claims for: (...

Excerpt: ...ED. This action arises out of a two‐vehicle accident that occurred on February 18, 2020, on SR‐70 to Olivehurst Avenue in an unincorporated part of Yuba County, California. The accident occurred between vehicles driven by plaintiff Allie Christine Vargas (“Ms. Vargas”) and Mr. Fernandez, which was immediately following an alleged “road rage” incident between Mr. Fernandez and Mr. Johnson. The Traffic Collision Report concludes the col...

Excerpt: ... motion to compel Plaintiff to serve verified responses, without objections, to Defendant's Form Interrogatories (Set One), Special Interrogatories (Set One), and Request for Production of Documents (Set One), to deem matters admitted, and for monetary sanctions. (ROA 30.) Plaintiff was ordered to serve responses by June 22, 2022, and to pay sanctions in the amount of $235 no later than July 8, 2022. As of the date of filing this motion, Plaintif...

Excerpt: ... Cross‐Complainants are ordered to notify CrossDefendants immediately of the tentative ruling system and the manner to request a hearing. If Cross‐ Complainants are unable to contact Cross‐Defendants prior to hearing, Cross‐Complainants are ordered to appear at the hearing. Cross‐Complainants request for judicial notice is granted. Factual and Procedural Background This action concerns the management, operations, and control over Nivano...

Excerpt: ...5814. Defendants Michael Egan and Silver Lining Properties (“SLP”) (collectively, “Defendants”) request for judicial notice is granted. Plaintiff filed this action on November 17, 2016, alleging 15 causes of action. The operative First Amended Complaint was filed on December 6, 2018, and alleges the following four causes of action: (1) financial elder abuse; (2) violation of California Business and Professions Code § 17200 et seq.; (3) f...

Excerpt: ...ry 27, 2022, the Court granted Plaintiff's unopposed motion to deem matters admitted. (ROA 12.) Plaintiff now moves for judgment on the pleadings based on these admissions. Specifically, that Defendant admits he applied for a credit card account with Plaintiff, he received the Customer Agreement when he received the credit card, the Customer Agreement provided that by using the credit card he agreed to bound by the terms therein, he received the ...

Excerpt: ... This action arises out of a four‐car collision occurring on February 7, 2020, where Plaintiff was driving her vehicle northbound on Bradshaw Road in the number 1 lane at a speed of 40‐50 mph. (Sullivan Decl. ¶ 5, Exh. C (Traffic Collision Report).) Mr. Johnson was driving his employer Volunteers' vehicle southbound on Bradshaw Road in the number 1 lane at a speed of about 40 mph and attempting to make a left turn towards an access road. (Su...

Excerpt: ...ry" pursuant to CCP §2023.030. According to Defendants, in response to their demand for production of documents, Plaintiff improperly objected that documents regarding Brandt fees were protected by the attorney‐client privilege. Plaintiff's counsel refuses to produce documents regarding Brandt fees, including, his written fee agreement and invoices. Plaintiff's counsel also states that the documents do not exist. (Declaration of Roger Jaffe, �...

Excerpt: ...n and harassment free work environment, and negligent hiring, supervision and retention. Plaintiff alleges that she was subject to disproportionate discipline as compared to her non‐African American co ‐workers, was micro‐ managed by her superiors more frequently than her non‐African American co‐workers, and was denied perks and privileges that are afforded to her non‐ African American co‐workers. (Complaint, ¶ 40.) She further all...

Excerpt: ...oss‐complaint on May 25, 2022. Lombardi dismissed his cross‐complaint on July 18, 2022. As a result of Lombardi's dismissal of his cross‐ complaint, MCM filed a memorandum of costs. (ROA 33.) Lombardi then moved to strike or tax MCM's memorandum of cost. (ROA 34.) MCM filed a request for dismissal of its own complaint prior to the hearing on Lombardi's motion to strike/tax. (ROA 39.) Lombardi filed the memorandum of costs at issue in this m...

Excerpt: ...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. *** Plaintiffs Jose Mejia (“Mejia”), Miguel Osuna (“Osuna”), and Oscar J. AlmanzanMartinez's (“Almanzan”)(collectively “Plaintiffs”) motion for summary judgment is ruled upon as follows. I. Overview This is a putative class action for Labor Code violations and Attorney Private...

Excerpt: ...lligan's Island. At the same general time and location, Plaintiffs were floating in a raft in the same general location, when Defendant ran them over, thereby causing injury and damages to Plaintiffs. Defendant filed its initial answer on March 21, 2022. Trial is currently scheduled for August 12, 2024. Defendant moves to amend the answer to alter the original language by adding affirmative defenses seven (Harbor & Navigation code 652.5 and 655.2...

Excerpt: ...CFE and individual defendants Francis Kang and Caroline Kang (collectively “Kang Defendants”) when Defendant Mee Lai Fong (“Fong”) attacked Patton with a metal cane, ultimately leading to her death. Plaintiffs filed their initial complaint on August 27, 2018 and their first amended complaint on October 13, 2020. Plaintiffs move to file a second amended complaint to add an eighth cause of action for Fraudulent Transfer/Conveyance pursuant ...

Excerpt: ...obtained a default judgment on August 23, 2021 (ROA 22). On August 31, 2021, Defendant moved to set aside the entry of default and default judgment and to quash service of summons. (ROA 26.) The Court granted the unopposed motion on September 29, 2021. (ROA 28.) The Court's ruling was based on Defendant's testimony that she had not resided at the address where a substituted service of summons and complaint was attempted for several years and thus...

Excerpt: ...rected to contact Plaintiff's counsel forthwith to advise counsel of Department 54's correct address, Local Rule 1.06, and the court's tentative ruling procedure. If Defendant is unable to contact Plaintiff's counsel prior to the hearing, Defendant shall be available at the hearing, in person or remotely (telephonically or by video conference via Zoom as stated in the introductory notice to today's tentative rulings), in the event Plaintiff's cou...

Excerpt: ...he operative second amended complaint ("SAC"), Plaintiff brings claims under the Fair Employment and Housing Act ("FEHA") for (1) sexual harassment, (2) racial discrimination, (3) disability discrimination, and (4) retaliation. Plaintiff also alleges a fifth cause of action for retaliation under Labor Code section 1102.5 plus a sixth cause of action for intentional infliction of emotional distress. (See, SAC, p. 1.) The first and sixth causes of ...

Excerpt: ...a complaint by their former counsel, Kenneth Burt II. (ROA 1.) Plaintiffs' filed the operative first amended complaint (“FAC”) on July 12, 2019, which included various causes of action stemming from alleged mold in Plaintiffs' apartment. (ROA 24.) Defendants served written discovery in the form of document requests on November 18, 2019. (See Rishwain Decl. ISO Motion to Compel Further Responses, filed May 18, 2020 (hereafter, “Rishwain Decl...

Excerpt: ...vise 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 or by telephone. Background In this personal injury/wrongful death action, Plaintiffs filed their complaint against Defendants on March 8, 2022. Plaintiffs allege that Defendant Singh negligently operated ...

Excerpt: .... On July 15, 2021, Plaintiff's PAGA claim was dismissed following Defendant's demurrer. (ROA 40.) Thus, the action proceeding with one cause of action for violation of Labor Code section 226 (failure to furnish accurate itemized wage statements). On July 11, 2022, the Court issued its order granting Plaintiff's motion for preliminary approval of class action settlement. (ROA 70.) Pursuant to that order, the final fairness hearing was set for tod...