Excerpt: ...lectively “Sprague Plaintiffs”) as Vexatious Litigants is UNOPPOSED and is ruled upon as follows. Defendants contend that the Sprague Plaintiffs are vexatious litigants as defined by CCP §391(b)(2) which provides: “After a litigation has been finally determined against the person, repeatedly relitigates or attempts to relitigate, in propria persona, either (i) the validity of the determination against the same defendant or defendants as to...

Excerpt: ... motion matters. *** Defendant Sacramento Metropolitan Fire District's (“District” or “Metro Fire”) demurrer to Plaintiff Medic Ambulance Service, Inc.'s (“MAS” or “Medic”) second amended complaint is ruled upon as follows. I. Overview This action arises from the District's rejection of all proposals for Request for Proposal 19:04 (“RFP”). MAS alleges that it was the lowest, responsive, responsible proposer. a. MAS' initial co...

Excerpt: ...plaintiff and/or the Additional Material Facts offered by defendant 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. *** Plaintiff Citizens Insurance Company of America's (“CICA”) motion for summary judgment, or in the alternative, summary adjudication against Defendant Golden Eagle Insurance Co. (“...

Excerpt: ...ood vendors, and samples of local beer and wine. At the event a large tree limb fell on plaintiff Steven Bralley (“Plaintiff”) when he was sitting under a large Valley Oak, which caused him to sustain injuries and rendered him a paraplegic. The tree in question has been identified by the District as “Tree 1051.” Plaintiff and his wife, Dana Bralley (collectively, “Plaintiffs”) filed their Complaint on June 27, 2019, against the Distri...

Excerpt: ... Plaintiff's counsel confirmed Plaintiff's availability to appear for deposition on September 15, 2021. (Sullivan Decl. ¶ 2, Exh. A.) Defendants served a Notice of Deposition that same day. (Sullivan Decl. ¶ 2, Exh. B.) On September 2, 2021, Defendants served instructions for the parties to appear remotely at deposition. (Sullivan Decl. ¶ 3, Exh. C.) On September 13, 2021, defense counsel confirmed with Plaintiff's counsel's office that Plaint...

Excerpt: ...J. Lynch, D. Gonzalez, A. Reilly, T. Stanfield, N. Romney, J. Bowman, D. Conden, C. Houghland, and S. Prasad's (collectively, “Defendants”) motion for judgment on the pleadings is UNOPPOSED and is ruled upon as follows. Defendants request for judicial notice is unopposed and granted. Plaintiff in pro per Larry Jacks (“Plaintiff”), an inmate housed at a California State Prison, filed the Complaint on May 20, 2021, alleging 17 causes of act...

Excerpt: ...stline's request for judicial notice of various recorded documents related to the Deed of Trust and foreclosure proceedings and Bankruptcy Court orders is granted. Factual Background This is a wrongful foreclosure case which was commenced on 10/30/2019. According to the TAC, Schroeder purchased the subject property in 1993 and then re‐financed her mortgage in 2008 with a $455,000 loan from Accredited Home Lenders, Inc., not a party to this suit...

Excerpt: ...tember 28, 2020. The FAC alleges Defendant concealed his positive HIV status from Plaintiff and engaged in unprotected sexual intercourse transmitting HIV to Plaintiff. The FAC alleges causes of action for breach of statutory obligations, negligence, battery, intentional infliction of emotional distress, negligent infliction of emotional distress, exemplary damages, and breach of contract. Defendant filed his Answer to the FAC on March 4, 2021, a...

Excerpt: ...on that will be addressed at the hearing. Counsel are also reminded that pursuant to local rules, only limited oral argument is permitted on law and motion matters. *** CSAA's counsel failed to comply with CRC Rule 3.1110(b)(3)‐(4). Factual Background This is an insurance bad faith action that was commenced in October 2018. Plaintiff alleges that she is severely hearing impaired and her primary means of communication with others is American Sig...

Excerpt: ...iring a party opposing summary judgment to file a “Separate Statement” in a particular two‐column format specified in Rule 3.1350(h); state whether that each material fact is “disputed” or “undisputed,” and for each fact claimed to be disputed, state the nature of the dispute and provide a citation to evidence by reference to the exhibit, title, page, and line numbers. Defendants' “Objection to Motion for Summary Judgment” fails...

Excerpt: ...oral argument is permitted on law and motion matters. *** Overview This action arises out of an alleged business venture relating to the cultivation of cannabis in Mendocino County, California. Disputes among the involved parties have arisen and in his complaint, plaintiff asserts causes of action against various defendants for Fraud, Conversion, Breach of Contract, Breach of Fiduciary Duty, Common Counts, Declaratory Relief, Accounting and viola...

Excerpt: ...d Moving Papers. Petitioner Department is part of California's Environmental Protection Agency and is authorized to enforce portions of California Food and Agricultural Code (“F&A Code”) as well as to conduct administrative investigations pertaining thereto. Pursuant to this authority Department issued an investigative subpoena to HNL in order to ascertain whether the latter is manufacturing and/or distributing an unregistered pesticide under...

Excerpt: ...follows. The notice of motion does not provide notice of the Court's tentative ruling system, as required by Local Rule 1.06. Moving counsel is directed to contact opposing counsel and advise him/her of Local Rule 1.06 and the Court's tentative ruling procedure and the manner to request a hearing. If moving counsel is unable to contact opposing counsel prior to hearing, moving counsel is ordered to appear at the hearing by Zoom or by telephone. F...

Excerpt: ...rst Amended Complaint. On October 30, 2020, Plaintiffs filed a Second Amended Complaint that alleges (1) failure to pay overtime wages, (2) minimum wage violations, (3) meal period violations, (4) wage statement violations, (5) waiting time penalties, (6) unfair competition, and (7) PAGA penalties. Defendant Liqui‐ Box Corporation denies the allegations, but the parties were able to reach a compromise. The parties first attempted to settle this...

Excerpt: ...0 or CRC Rule 3.1110(a). Moving counsel failed to comply with CRC Rule 2.111(3) and Rule 3.1110(b)(3)‐(4). This action was commenced in December 2020 with a complaint asserting against defendants T&CW LLC; Town and Country West, GP; and Janak Mehtani various claims including but not limited to breach of contract, breach of the covenant of quiet enjoyment, conversion and fraud. Despite being served with the summons & complaint in January 2021, T...

Excerpt: ...on law and motion matters. *** Plaintiff Sigifredo Perez, Jr.'s (“Plaintiff”) motion to compel Defendant Sierra Mountain Express, Inc.'s (“Defendant”) further responses to request for production of documents (set one) is ruled upon as follows. This is a putative class action and representative action pursuant to the Private Attorneys General Act of 2004, Cal. Lab. Code. § 2698 for various Labor violations. Plaintiff's proposed Class cons...

Excerpt: ...to point to specific 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 judgment is ruled upon as follows. Overview This is a personal injury action. Plaintiff Paul Moore (“Plaintiff”) alleges that on 7/6/2017 he was walking along the sidewalk of Bruceville Road when he tripped and fell over a collapsed manhole and/or sidewa...

Excerpt: ..., “Plaintiffs”) filed a Notice of Non‐Opposition to this motion stating they do not oppose Kindred's motion for summary judgment. Kindred's request for judicial notice of the Complaint in this action and death certificate pertaining to Nhia Vang is granted. Plaintiffs filed this action on January 12, 2021, against Sutter Valley Hospitals dba Sutter Medical Center, Sacramento (“Sutter”) and Kindred. The Complaint alleges a cause of actio...

Excerpt: ...intiffs Prestige Legacy, LLC (“Prestige”) and Cecila Gines' (“Ms. Gines”) (collectively, “Plaintiffs”) motion for preliminary injunction is DENIED. Factual and Procedural Background This is a nonjudicial foreclosure case that was filed on August 25, 2021. Prestige is the owner of real property located at 4625 Parker Avenue, Sacramento, CA 95820 (the “Property”). Ms. Gines is the sole member of Prestige. Ms. Gines contends the Prop...

Excerpt: .... 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 need not request oral argument. The Litigation Coordinator shall make Plaintiff available, by Zoom telephonically, at 9:00 a.m. on the date of the continued hearing date, which will be THURSDAY, DECEMBER 9, 2021, to participate in oral argument. To appear on Zoom te...

Excerpt: ...displaying their name and address with return address information that contained the phrase “Prenatal Screening Program.” Plaintiff alleges Defendant disclosed in a common manner Plaintiff's and class members' sensitive and private personal medical information regarding their pregnancy. Specifically, Plaintiff alleges that on or about November 29, 2018, she was pregnant with her first child and underwent a prenatal screening exam that was han...

Excerpt: ...asserting against defendants T&CW LLC; Town and Country West, GP; and Janak Mehtani various claims including but not limited to breach of contract, breach of the covenant of quiet enjoyment, conversion and fraud. Despite being served with the summons & complaint in January 2021, T&CW LLC chose not to respond to the complaint because it ‘understood it was being sued erroneously.' T&CW LLC's default was entered on 6/10/2021. Moving Papers. On 10/...

Excerpt: ...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. The notice of motion also does not comply with Code of Civil Procedure §1010 or CRC Rule 3.1110(a). Defendant Davis' “Response” to the present motion does not comply with CRC Rule 3.1110(b)(1), which requires the date, time and dep...

Excerpt: ...o 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 by Zoom or by telephone. Overview This action arises out of plaintiff's purchase of a used vehicle from defendant in July 2020. Plai...

Excerpt: ...§§ 473(b), 473.5, and 473(d). Defendant also seeks to quash service of summons. Plaintiff opposes this motion as untimely and argues Defendant was properly served. CCP § 473(b) Defendant seeks to set aside the default and default judgment pursuant to CCP § 473 (b) “based on inadvertence, surprise, or excusable neglect.” (MPA 3:9‐11.) Defendant does not elaborate what inadvertence, surprise, or excusable neglect supports his motion but r...