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

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

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

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

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

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

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

Excerpt: ...collectively, “Plaintiffs”) Second Amended Complaint (“2AC”) is DENIED. This action arises from Plaintiffs' stay at Vince's Motel from April 2, 2017, through April 11, 2017. Plaintiffs allege that at the time of their stay the motel had a bedbug infestation and that management was aware of the problem, but failed to notify them of the presence of bedbugs in their room or remedy the problem. Plaintiffs filed this action on April 2, 2019, a...

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

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

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

Excerpt: ... of receiving it. The hearing date shall automatically be continued one week plus one court day for oral argument. The continuance date will always be an appearance required hearing so that Mr. Kamilchu need not request oral argument. The Litigation Coordinator shall make Mr. Kamilchu available, by Zoom telephonically, at 9:00 a.m. on the date of the continued hearing date, which will be March 7, 2023, to participate in oral argument. To appear o...

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

Excerpt: ...dressed at the hearing and the parties should be prepared to point to specific evidence which is claimed to show the existence or non-existence of a triable issue of material fact. *** Defendant State of California Department of Corrections and Rehabilitation's (“CDCR”) motion for summary judgment, or in the alternative, summary adjudication is ruled upon as follows. CDCR fails to comply with CRC Rule 3.1110(f)(3) which requires that each pap...

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Excerpt: ...e ruling system, as required by Local Rule 1.06. Moving counsel is directed to contact opposing counsel and advise him/her of Local Rule 1.06 and the Court's tentative ruling procedure and the manner to request a hearing. If moving counsel is unable to contact opposing counsel prior to hearing, moving counsel is ordered to appear at the hearing by Zoom. Plaintiffs filed the underlying complaint in this case on January 10, 2022 against Defendants ...

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

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

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

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

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

Excerpt: ...addressed at the hearing and the parties should be prepared to point to specific evidence which is claimed to show the existence or non-existence of a triable issue of material fact. *** Defendants California Department of Veterans Affairs (“DVA”) and Ramon Carlos' (“Carlos”)(collectively “Defendants”) motion for summary judgment, or in the alternative, summary adjudication is ruled upon as follows. I. Overview This is an employment a...

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

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

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

Excerpt: ...o contact Defendant prior to hearing, moving counsel is ordered to appear at the hearing by Zoom or by telephone. Plaintiff has indicated the incorrect address in its notice of motion. The correct address for Department 54 of the Sacramento Superior Court is 813 6th Street, Sacramento, California 95814. Plaintiff's counsel shall notify Defendant of the correct address immediately. Plaintiff State Farm Mutual Automobile Insurance Company's (“Pla...

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

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

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

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

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

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

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