Excerpt: ...d by Defendant, and that defects allegedly became apparent during the warranty period. (Complaint ¶ 9.) Plaintiff alleges the subject vehicle had a defective battery and engine. (Id. ¶ 14.) Defendant had knowledge it would be unable to service or repair the vehicle to conform to the express warranties after a reasonable number of opportunities, yet it refused to re‐purchase the vehicle in violation of the Song‐Beverly Act. (Id. ¶ 27.) On M...

Excerpt: ...be ejected from his seat and hit his head on a metal bar. Plaintiff asserts that he now suffers from orthopedic and neurological injuries, including a traumatic brain injury and cognitive deficits. On December 8, 2022, the Court ordered plaintiff to undergo a Mental Examination on February 20, 2023. (ROA 87) The Trial Date is set for May 8, 2023. Defendant's motion is brought pursuant to Code of Civil Procedure Section 2025.610 on the ground that...

Excerpt: ... a cause of action. Defendants Request for Judicial Notice of Plaintiff's Government Claim is granted. Background This action arises from the State's fire cleanup activities following the Camp Fire, including contracts entered into with private companies to assist with the cleanup. The 4AC alleges the State awarded fire clean‐up contracts to three prime contractors. One of the three primes, ECC Contractors LLC ("ECC"), entered into a subcontrac...

Excerpt: ... Frontier. Defendant contends the Sales Contract with the dealer, the seller of the vehicle, contains a valid, written arbitration agreement (the "Arbitration Provision"). Defendant, the manufacturer, contends it may enforce the Arbitration Provision pursuant to the doctrine of equitable estoppel. As the California Court of Appeal held in Felisilda v. FCA US LLC (2020) 53 Cal.App.5th 486,496‐99, review denied (Nov. 24,2020), equitable estoppel ...

Excerpt: ...f alleges three causes of action for breach of warranty under the Song‐Beverly Consumer Warranty Act and that the Subject Vehicle developed defects and Defendant failed to conform the Subject Vehicle to the express and implied warranties. (Complaint ¶¶ 8, 10, 24.) When Plaintiff purchased the Subject Vehicle on June 23, 2017, she entered into a Retail Installment Sale Contract Simple Finance Charge (With Arbitration Provision) (the “RISC”...

Excerpt: ....1110(f) facilitates the Court easily finding the cited evidence. This action arises from a rear‐end automobile accident Plaintiff Kendra Brand (“Plaintiff”) was involved in on April 27, 2016, and Plaintiff's underinsured motorist coverage (“UIM”) with a limit of $30,000 under the Century‐National insurance policy at issue. Plaintiff settled with the at‐fault driver in July of 2017, and subsequently initiated a UIM claim with Centur...

Excerpt: ...r counsel. Prior to the initial due date for Defendant's responses, Plaintiff's prior counsel agreed to extend Defendant's deadline to March 1, 2022. On February 28, 2022, Defendant's counsel, Kelly Savage Day, was contacted by attorney Douglas E. Watts, who stated that Plaintiff's counsel at the time, Dean Royer, was shuttering his practice and would be withdrawing from the case. Mr. Watts indicated that he may be taking over as Plaintiff's coun...

Excerpt: ... 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. The parties' requests for judicial notice are both unopposed and granted. Background Plaintiff Raphael Hernandez (“Plaintif...

Excerpt: ... 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 Wells Fargo Bank, N.A.'s (“Defendant” or “Wells Fargo”) motion for summary judgment is ruled upon as follows. I. Overview This is a wrongful death action. Plaintiffs Diane Abraham and John Abraham (collectively “Plaintiffs”) are the parents of decedent Deniece Abraham (�...

Excerpt: ...nted Plaintiff's unopposed motion to deem matters admitted. 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 February 2, 2022, the balance owed on the account was $8,656.25; no payments have been made on the account since February 2, 2022; the last payment made on the accoun...

Excerpt: ... granted the request. Accordingly, the Court republishes its original tentative ruling below. 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 h...

Excerpt: ...une 30 or in the early morning hours of July 1, 2017, Plaintiff was visiting Mango's. Plaintiff alleges she was using her phone in the hallway near the restroom when a security guard directed her towards the women's restroom. Plaintiff briefly used the restroom and, upon exiting, was grabbed from behind by a security guard without justification. When Plaintiff freed herself from the first security guard, she was then grabbed and restrained by ano...

Excerpt: ... Salim Francis Al Sheikh (“Sheikh”), struck Plaintiff with his vehicle. (See Complaint, p. 5; Jensen Decl., ¶ 6.) Uber is a technology company that operates a platform that, among other things, connects drivers with riders who request transportation services. In order to use this platform, users must create an account and agree to the Terms of Service. (Buoscio Decl., ¶ 5.) On or about May 8, 2022, Plaintiff was presented with an in‐app p...

Excerpt: ... 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. The parties' requests for judicial notice are both unopposed and granted. Background Plaintiff Raphael Hernandez (“Plaintiff”) filed this lemon law action on February 19, 2020 and alleged five causes of action un...

Excerpt: ...for judicial notice are unopposed and granted. Factual Background On December 2, 2022, CRL filed the Petition, in which its pastor, Robert Royer (“Royer”), avers as follows. In 2021, the real property at 6550 Dry Creek Road, Rio Linda, CA (the “Property”) suffered water damage as the result of a flood. (Pet. 2:16‐17.) The Property is owned by CRL. (Decl. of Robert Royer ISO Pet. (“Royer Decl.”) ¶ 2.) On November 3, 2021, CRL and Se...

Excerpt: ...ted Protective Order filed in this action and the Complaint and a tentative ruling from Harris, et al. v. County of Sacramento, Case No. 34‐2020‐00287910, is granted. Plaintiff and two other plaintiffs, Todd Beavers and Andre Williams, filed their Complaint on May 14, 2021, against the County arising out of their employment with the Department of Waste Management and Recycling (“DWMR”). Plaintiff alleges the following three causes of acti...

Excerpt: ...ed on the merits, indicating he was not significantly prejudiced by the late opposition. Accordingly, the Court has considered the untimely opposition papers and declines Plaintiff's request to preclude Defendants from participating in oral argument. (See Reedy v. Bussell (2007) 148 Cal.App.4th 1272, 1288.) Background In this lemon law action, Plaintiff alleges that he purchased a new 2016 MercedesBenz GL 350 from Mercedes‐Benz of Reno in Reno,...

Excerpt: ...therine Bailey, et al. v. Goodman and Associates, case No. 34‐2022‐00324973. (ROA 54.) This case was designated as the lead case. This action involves an attorney fee dispute between Petitioner and Catherine Bailey and Doug Sutton (collectively, “Respondents”). An arbitration hearing was held on April 19, 2022, with attorney Chad Tapp, attorney Daniel Steinberg, and Steve Watson presiding as arbitrators. Petitioner appeared in person at t...

Excerpt: ...rified responses, without objections, to Defendants' first set of Form Interrogatories, Special Interrogatories, and Requests for Production of Documents no later than October 31, 2022. Plaintiff did not serve the responses as directed. Pursuant to Code of Civil Procedure 2031.310(i), a court may impose terminating, issue, or evidentiary sanctions, as well as monetary sanctions, for failure to obey a court order to provide discovery. (See, e.g., ...

Excerpt: ...(“Christine” or "Plaintiff") alleges she is the true owner of the property. Plaintiff alleges her ex‐husband, Michael Sparks ("Michael"), obtained fee simple titled to the property in 2003 and then transferred and assigned all rights in the property to her in 2019. Despite this, Plaintiff alleges Moving Parties served her with a 60‐ day notice to vacate or quit. Plaintiff alleges Moving Parties claim ownership to the property based on an ...

Excerpt: ...nd accounting. (ROA 1.) Defendant filed a Cross‐Complaint against Plaintiff and Expo Floors, LLC on April 15, 2019, alleging similar claims. (ROA 8.) Defendant filed an Amended Cross‐ Complaint on August 26, 2019. (ROA 41.) Plaintiff filed a First Amended Complaint on August 27, 2019. (ROA 42.) Trial was initially set for October 11, 2022. Discovery closed 30 days before that initial date on September 9, 2022. On November 10, 2021, the Court ...

Excerpt: ...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. Background Plaintiff Tramia Rene Snapp (“Plaintiff”) initiated this action on October 17, 2022 by filing a complaint with four causes of action: (1) breach of express warranty under the Song‐Beverly Act (“Song‐...

Excerpt: ...rkplace injury while employed at a restaurant owned by Matmol, Inc. (“Matmol”). Intervenor provided workers' compensation insurance for Matmol and thus provided workers' compensation benefits to Plaintiff as a result of his workplace injury. This included paying for Plaintiff's transportation to and from medical appointments for treatment of his workplace injury. On September 6, 2016, Plaintiff was being transported home from one such medical...

Excerpt: ...ng counsel prior to hearing, moving counsel is ordered to appear at the hearing by Zoom. Defendant Scott Johnson's (“Defendant” or “Johnson”) demurrer to Plaintiff Melanie Weaver's (“Plaintiff”) complaint is ruled upon as follows. Allegations in Complaint Plaintiff filed this employment action under the on July 18, 2022 against Defendants California Highway Patrol (“CHP”), California Association of Highway Patrolmen (“CHAP”), ...

Excerpt: ...ersus pedestrian accident that occurred on May 2, 2017, where Plaintiff's brother (Eric Allen Miller) was killed when he was struck by a 2013 Toyota Tacoma driven by Steven Martin. Plaintiff alleges Mr. Martin was operating the vehicle in furtherance of his vehicle hauling business. (Complaint ¶ 10.) Plaintiff further alleges that business was insured by Redwood and that Redwood improperly denied coverage to Mr. Martin. Plaintiff and Mr. Martin ...

Excerpt: ... Complaint filed in this action is granted. Plaintiffs in pro per Zuri K. Colbert and Nafisah Timmons (collectively, “Plaintiffs”) filed the original Complaint on May 21, 2021, and the First Amended Complaint (“1AC”) on June 10, 2021. (ROAs 1, 16.) The 1AC alleges causes of action for fraud and negligence against the County and its employees based upon alleged inaccurate recordkeeping that conflates Plaintiffs' names with the names of oth...

Excerpt: ...ersus pedestrian accident that occurred on May 2, 2017, where Plaintiff's brother (Eric Allen Miller) was killed when he was struck by a 2013 Toyota Tacoma driven by Steven Martin. Plaintiff alleges Mr. Martin was operating the vehicle in furtherance of his vehicle hauling business. (Complaint ¶ 10.) Plaintiff further alleges that business was insured by Redwood and that Redwood improperly denied coverage to Mr. Martin. Plaintiff and Mr. Martin ...

Excerpt: ...Plaintiff and Expo Floors, LLC on April 15, 2019, alleging similar claims. (ROA 8.) Defendant filed an Amended Cross‐ Complaint on August 26, 2019. (ROA 41.) Plaintiff filed a First Amended Complaint on August 27, 2019. (ROA 42.) Trial was initially set for October 11, 2022. Discovery closed 30 days before that initial date on September 9, 2022. On November 10, 2021, the Court granted Defendant's motion to compel Plaintiff to provide further re...

Excerpt: ...ner to request a hearing. If Plaintiff is unable to contact Defendant prior to hearing, Plaintiff is ordered to appear at the hearing. Plaintiff filed the Complaint for Partition on March 17, 2022, against defendant in pro per Lineni Noa Keil (“Defendant”) seeking partition of the real property located at 3551 Rio Loma Way, Sacramento, California 95834. Default was entered against Defendant on August 15, 2022. (ROA 22.) Plaintiff presents the...

Excerpt: ... for his claims brought under the Private Attorneys General Act (Labor Code § 2699 et seq.) (“PAGA”). Plaintiff filed his Complaint on January 26, 2022, asserting a single claim under PAGA for failure to pay overtime wages, failure to pay minimum wages, failure to provide meal and rest periods or pay premiums in lieu thereof, failure to provide accurate wage statements, failure to pay final wages, failure to provide paid sick leave, failure ...

Excerpt: ...33, 134, and 141 is GRANTED as follows. 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 shall notify Defendant immediately. This is a lemon law action involving a 2017 Cadillac. Plaintiff alleges the vehicle suffered from steering and electrical defects and that Defendant failed to repair ...

Excerpt: ...aint (“SAC”) is 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. 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 ...

Excerpt: ...bt related to a credit card account. Plaintiff presents the following facts in its separate statement: Defendant Loudes Bernal applied to Plaintiff for a credit card account and entered into a written credit card account agreement with Plaintiff for the account number ending in 7716. (UMF 1.) Defendant agreed to be bound by the terms and conditions set forth in the Cardmember Agreement at the time Defendant applied for, received or used the the C...

Excerpt: ...ed, managed, maintained, supervised, inspected, operated, and/or controlled” the sidewalk/premises where she was injured. (Compl. At p. 4.) On August 3, 2022, Plaintiff filed her Complaint against the City and other Defendants, alleging causes of action for general negligence and premises liability against the City. Defendant demurs to the First Cause of Action for negligence on the grounds that the cause of action as pled is improper and subje...

Excerpt: .... Facts and Procedural History This case arises out of Plaintiff Lisa Vaughn's [“Plaintiff”] alleged injury caused by a dangerous condition existing at the dental office where she was employed by CrossDefendant. Plaintiff claims she rolled her desk chair into a hole in the cement floor, causing her to fall out of the chair and sustain injury. Plaintiff alleges CrossComplainants leased the property to Cross‐Defendant (her employer). Plaintif...

Excerpt: ...negligence‐wrongful death and survival action pursuant to CCP §377.30. Plaintiffs also seek punitive damages against the corporate defendants, Fedex Ground Package System, Inc. and Poly & Lyn Trucking, Inc. By this motion, Plaintiffs Heriberto Mosqueda, Sr. and Gladis Paola Barrera (collectively “Plaintiffs”) move to compel defendant Fedex Ground Package System, Inc.'s (“Defendant”) further responses to request for production nos. 1‐...

Excerpt: ...an River College in Sacramento. Plaintiff also hired Defendant Terracon Consultants, Inc. (“Terracon”) to provide geotechnical engineering services on the project. Webcor hired Cross‐Defendant Watry Design (“Watry”) to provide architectural and design services on the project. Webcor also hired Cross‐Defendant Duran and Venables (“Duran”) to provide grading services. Plaintiff provided Webcor with Terracon's geotechnical report for...

Excerpt: ...decision of the Contractors State License Board (“CSLB”) is granted. (See Acre v. Kaiser Foundation Health Plan, Inc. (2010) 181 Cal.App.4th 471, 484.) Tricon and IFIC's request for judicial notice of a CSLB order denying motion to stay or continue disciplinary proceedings is also granted. However, the Court does not take judicial notice of the truth of any factual finding contained therein. (Sosinsky v. Grant (1992) 6 Cal.App.4th 1548, 1564�...

Excerpt: ...tely of the tentative ruling system and the manner to request a hearing. If Nissan is unable to contact Plaintiff prior to hearing, Nissan is ordered to appear at the hearing. Nissan's request for judicial notice is granted. Plaintiff's request for judicial notice is granted. Plaintiff filed this lemon law action against Nissan on October 2, 2019, arising out of Plaintiff's purchase of a 2016 Nissan Titan (the “Subject Vehicle”) from Nissan o...

Excerpt: ...able to contact opposing counsel prior to hearing, moving counsel is ordered to appear at the hearing by Zoom. Plaintiff Kimberly Wilson's (“Plaintiff”) motion to compel further responses to request for admissions and form interrogatories is ruled upon as follows. In this personal injury action, Plaintiff alleges that she was rear‐ ended on June 11, 2019 by Defendant Charles Peter Hershey while he was in the course and scope of his employme...

Excerpt: ...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 debris in plain view of the public. As a result, the City red‐tagged the property as uninhabitable and instituted this action to appoint a receiver to handle the abatement of the property. On April 14, 2021, the Court granted the petition and approved of Petiti...

Excerpt: ...very; (3) conversion; and (4) breach of guaranty. Plaintiff alleges that it entered into an agreement to lease a 2015 Lamborghini Aventador Roadster to Defendant PVCR, LLC (“PVCR”). (Complaint, ¶ 7.) After PVCR defaulted on the lease, Plaintiff discovered that PVCR was a suspended LLC and that Defendant, who is PVCR's principal and guarantor of the lease, had misrepresented the nature and health of PVCR's business in securing the lease agree...

Excerpt: ...ponses and responsive documents from Plaintiff in pro per Aldon Bolanos (“Plaintiff”) to Defendants' Request for Production of Documents (“RFPD”), Sets One and Two, is 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. Moving counsel is directed to contact opposing counsel and advise him/her of Local Rule 1.06 and the Court's tentative ruling procedur...

Excerpt: ... against Defendant for dangerous condition of public property in connection with her injuries from sustained on the public sidewalk adjoining the 800 block of Plaza Avenue in Sacramento, California. The instant motion seeks summary judgment. The FAC alleges that “on or about December 2, 2018, Plaintiff [] was seriously injured on the sidewalk abutting 2501 Del Paso Boulevard while walking on the 800 block of Plaza Avenue in the City of Sacramen...

Excerpt: ...tion. Plaintiff appeared at oral argument, and the Court continued the matter to today's date. The Court directed Plaintiff to file an opposition by December 16, 2022. Plaintiff filed a "response" on December 16, 2022. Plaintiff's “response” is defective in a number of ways. First, Plaintiff failed to submit a declaration in support of his opposition. Instead, he submits unauthenticated exhibits. Defendant's objections to evidence are SUSTAIN...

Excerpt: ...(ROA 1.) Plaintiff alleges she and Defendant each own 50% of the real property and hold title as joint tenants. (Id., ¶¶ 12, 14.) Plaintiff and Defendant were deeded the property as joint tenants on September 22, 2016. (Id., ¶ 16.) Plaintiff has spent approximately $49,053 maintaining the property, while Defendant has failed to maintain his half. (Id., ¶¶ 17‐18.) Plaintiff desires to sell the property and Defendant has refused the request....

Excerpt: ...m Plaintiff Jason and Yolanda Abernathy's [“Plaintiffs”] purchase of and subsequent sale of real property located at 6066‐6068 Ogden Nash Way, Sacramento [“Subject Property”] and Plaintiffs' allegation that Defendants wrongfully obtained a deed of trust from Plaintiffs and recorded the same. Defendants married in June 2006 and Defendant Dolores Mouras [“Dolores] is Plaintiff Yolanda Abernathy's [“Yolanda”] older sister by 13 years...

Excerpt: ... Plaintiff as a patient. Accompanying Plaintiff's Complaint is a document entitled “Memorandum of Points and Authorities in Support of Relief [sic] to Vacate the Judgment [sic] Case No. 34201600204210 [and] Petition for Writ of Coram Nobis.” There is no accompanying motion to this document. The Court has reviewed this document only for context and underlying facts relevant to Defendant's instant demurrer. On December 1, 2016, Plaintiff filed ...

Excerpt: ...er”). Plaintiff alleges that in connection with the purchase, she received various warranties. During the warranty period, the Vehicle contained or developed various defects. NNA moves to compel arbitration pursuant to the Motor Vehicle Lease Agreement with Arbitration Clauss (“Lease”) which Plaintiff signed with the Dealer. NNA is not a signatory to the Lease. The arbitration provision provides: 1. EITHER YOU OR WE MAY CHOOSE TO HAVE ANY D...

Excerpt: ...ing 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/Cross‐Complainants/Cross‐Defendants Stockton Blvd. Property LLC (“Stockton Blvd.”), Broadstone Land, LLC (“Broadstone”), and Tri Property Management Services, Inc. (“Tri Property”) (collectively “Moving Parties”) motion for summary adjudication is ruled ...