Excerpt: ...sel failed to comply with CRC Rule 2.111(3) and Rule 3.1110(b)(3)‐(4). Factual Background This action was commenced in 2014 and alleges that the named defendants conspired with Steve Samra dba Steve Samra Farms (against whom plaintiff had previously obtained a judgment in 2010) to defraud plaintiff and hinder its collection of the 2010 judgment against Steve Samra. In November 2016 the parties to the present action entered into a stipulation wh...

Excerpt: ...unsel at the time of the request which of the issues and/or causes of action discussed below 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. *** *** If oral argument is requested in an attempt to obtain leave to amend, plaintiffs shall be prepared to specifically discuss the new or different facts which may now be alleged in good faith to ...

Excerpt: ...and private, all of which is now viewable by the public. Should any party desire to limit the public's access to such medical and personal information, a motion to seal same should be filed promptly. This is a medical malpractice action against Dr. Kaplon, who now moves for summary judgment/adjudication on the grounds that he complied with the applicable standard of care and that plaintiff's malpractice claim is barred by the applicable statute o...

Excerpt: ...on provided notice of the court's tentative ruling system as required by Local Rule 1.06(D), the notice does not comply with that rule. Moving counsel is directed to review the Local Rules, effective 1/1/2019. Factual Background This action arises out of a series of loans extended by CCL to plaintiff Phoenix Logistics Supply Chain Solutions, Inc. (“PLSCS) in 2015 and 2016. Plaintiff's First Amended Complaint (“1AC”) admits that CCL is headq...

Excerpt: ...nal Engineers v. Dep't of Transp. (1997) 15 Cal.4th 543, 590; Steed v. Department of Consumer Affairs (2012) 204 Cal.App.4th 112, 120‐ 121.) The Court did not consider Plaintiff's declaration or the exhibits attached thereto. In ruling on a demurrer, the Court does not consider such extrinsic evidence or evidence that is not subject to judicial notice. Overview The complaint is quite confusing. Plaintiff filed a judicial council form complaint,...

Excerpt: ...atrolling the grounds of a movie theater wrongfully detained them there, discriminated against them based on race and used excessive force. The plaintiffs allege that the officer was the agent of both Regal and Co‐ Defendant Sacramento Police Department. In addition to various torts, the FAC contains a breach of contract cause of action against Regal. The plaintiffs allege that they purchased tickets to see a movie, but that Regal breached the ...

Excerpt: ...urther responses to his first set of requests for admissions is GRANTED in part and DENIED in part; monetary sanctions DENIED. Overview This case involves the purchase and sale of two four‐plex properties. Gregory alleges that, when he purchased the properties, Defendant 1st Priority Realty (1st Priority) was his and the seller's broker. Gregory contends that 1st Priority withheld facts about the properties and misrepresented other facts. Grego...

Excerpt: ... was untimely served is OVERRULED. Because Plaintiffs were able to craft an opposition, and because the issues in the protective order overlap with those in Plaintiffs' own motion to compel, any untimeliness did not result in unfair prejudice. Overview This is an elder abuse / wrongful death case. Plaintiffs are the decedent's successorsin‐interest. Defendant Vibra is a hospital, not a skilled nursing facility. In their complaint, Plaintiffs al...

Excerpt: ...e of motion or and untimeliness in connection with the opposition. Future inaccuracies or failures to comply with procedural rules could result in adverse rulings. This is a civil rights case in which two minor plaintiffs allege that a police officer patrolling the grounds of a movie theater wrongfully detained them there, discriminated against them based on race and used excessive force. The plaintiffs allege that the officer was the agent of bo...

Excerpt: ...lizabeth Scheele (Scheele) and Terrel Ferreira (Ferreira) (collectively “Defendants”) to the complaint is SUSTAINED with leave to amend. Defendants' request for judicial notice of official administrative records is GRANTED. Defendants' further request for judicial notice of the absence of a petition for writ of mandamus is DENIED. Overview This case presents an employment dispute. The plaintiff is Christopher Newton (Newton). In his complaint...

Excerpt: ...f 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 in person or by telephone. Moving counsel is advised that where discovery responses (as opposed to further responses) are sought, copies of the discovery need not be included with the motion. Proof of service is all that is req...

Excerpt: ...ants are not named as defendants in the title caption of the First Amended Complaint and no causes of action are ostensibly stated against them. The defendants previously demurred to Plaintiff's complaint. However, the demurrers of defendants Krista Kastanos, Donald Lee Manning, Theresa Ann Huff, and Fern M. Laethem were stricken because their defaults had been entered prior to the filing of their demurrers. Their motions to set aside the default...

Excerpt: ...pection “ALL DOCUMENTS related to Envirosun, including but not limited to the company's financial statements, income statements, bank statements, and tax returns.” Mr. Newsom responded to the request objecting to production on the following grounds: (1) his indvidual right to privacy under the state constitution; (2) the production would require the disclosure of Mr. Newsom's confidential financial, or proprietary information; (3) the...

Excerpt: ...of $1,800.00, is denied without prejudice as set forth below. The defendant's efforts to obtain IMEs as to both plaintiffs are chronicled in the parties' briefs. It suffices to note that there had been several failed, modified, or cancelled attempts to complete the IMEs. The Court's recites the circumstances of the three most recent noticed IMEs, and focuses upon the last request. On May 18, 2018 defendant served a Second Amended Dema...

Excerpt: ...ucts Liability Manufacturing Defect), Second Cause of Action (Strict Products Liability ‐ Failure to Warn), Fifth Cause of Action (Negligence) and Sixth Cause of Action (Loss of Consortium). Plaintiffs oppose the demurrer. Plaintiffs' Mark and Ann Montgomery's ("Plaintiffs") Second Amended Complaint against MicroPort Orthopedics Inc. is based upon an allegedly defective prosthetic hip device that was implanted into Mr. Montgomery...

Excerpt: ...formation Services, LLC's (collectively "Equifax") is SUSTAINED in part without leave to amend and OVERRULED in part. Overview In the second amended complaint (SAC), Plaintiff Nabil Samaan (Plaintiff) alleges that he owns multiple residential properties, which he purchased with loans serviced by codefendants Wells Fargo Bank, N.A., Cenlar Agency, Inc. and PennyMac Loan Services, Inc. (the Servicers). The Servicers report Plaintiff's m...

Excerpt: ...t protrude below the bottoms of the exhibits. (CRC 3.1110(f)(3).) Westchester's counsel are advised to review the formatting requirements in CRC 3.1350(f).) Westchester's opposing separate statement does not properly describe the evidence substantiating disputes of material facts. (Westchester filed a correct version on 2/19/19, which was after CARB registered its objections in the reply.) In its discretion, the court has considered the oppositio...

Excerpt: ...fs”). Davis alleges that Nurse Mullin and others provided her with pain management services. Florez and Tovar allege that Nurse Mullin was their coworker and supervisor. Nurse Mullin's Co‐ Defendants are his most recent employers, Advanced Pain Diagnostic & Solutions, Inc. and Kayvan Haddadan, M.D. According to Davis, Nurse Mullin grabbed her breasts during appointments. She also alleges that Nurse Mullin made telephonic and other graphic, un...

Excerpt: ...ose Consulting Corporation (“Ambrose” or “Defendants”) alleging five separate causes of action: (1) Physical Invasion of Privacy against all Defendants (Cal. Civ. Code §1708.8); (2) Trespass; (3) Fraud; (4) Negligent Misrepresentation; and (5) Unfair Business Practice. Defendants move to strike all five causes of action upon the ground that AHC and ARA allege constitutionally protected activity and that the claims against Defendants aros...

Excerpt: ...pient of the money was the person who was the designated payee of the check. Analysis The court finds that the facts alleged in the complaint are insufficient to state a valid cause of action against Bank. First, plaintiff has failed to indicate what theory of liability is being asserted against Bank and to the extent the theory might be negligence, the first amended complaint does not plead facts which establish that Bank owed any duty of care t...

Excerpt: ...d at the hearing. The parties should be prepared to point to specific admissible evidence which is claimed to show the existence or non‐existence of a triable issue of material fact. *** Defendant Jimboy's North America, LLC's (“JNA”) motion for summary judgment/adjudication on plaintiffs Jimboy's Marketing, Inc. (“JMI”) and Bellagrace, Inc.'s (“BGI”) Third Amended Complaint (“3AC”) is ruled on as follows. Although the notice of...

Excerpt: ...vide restitution in an amount equal to the actual price paid or payable for the vehicle (plus incidental and consequential losses less a “reasonable mileage offset”), two times actual damages, and attorney fees and costs “to be…determined by court motion if the parties cannot agree.” Plaintiff appears to have accepted this offer on 11/28/2018. Plaintiff now moves to “enforce” defendant's Code of Civil Procedure §998 offer, requesti...

Excerpt: ... of the contempt. Status briefs were ordered to be served and filed by 2/12/19. Suncountry Owners Association filed a Joint Status Conference Statement. Mr. Thompson has not filed a separate statement. Suncountry represents that conduct alleged to violate the court's judgment of July 10, 2018, still persist. Suncountry requests that the Court affirm its tentative ruling issued on January 15, 2019, with the exception of setting a different dat...

Excerpt: ...ee, issued by plaintiffs Robert Tellesen, J. Paul Muizelaar, and Vogue Homes, Inc., is granted in part as set forth below. Defendant move pursuant to Code of Civil Procedure sections 1987.1 and 2025.420 on the grounds that the plaintiffs' subpoena seeking Dr. Lee' personal bank account information: (1) violates Civil Code section 3295 which prohibits pre‐trial discovery by the plaintiff of evidence of the financial condition of the defendant un...

Excerpt: ...pp. 4th 1548. While a court may take judicial notice of the existence of any document in a court file, it cannot judicially notice the truth of facts asserted in the document. (Steed v. Department of Consumer Affairs (2012) 204 Cal.App.4th 112, 121.) For example, courts cannot take judicial notice of the truth of statements in transcripts or declarations even though they are part of the trial court record. (Sosinsky, supra, 6 Cal.App.4th at p. 15...

Excerpt: ... allegations of unfair competition. The trial date is 6/17/19, and the last day to notice a motion for summary judgment is 3/01/19. (See Reply at 1:8‐9.) On 6/22/18, Defendants served notices of Plaintiffs' depositions, and the depositions were to take place at defense counsel's San Francisco offices on 7/16/18 and 7/17/18, respectively. (See Julian Decl., ¶ 5 & Exhs. 1‐2.) Plaintiffs did not serve written objections. (Id., ¶ 5.) After defe...

Excerpt: ...f issues is DENIED. DGS' counsel, Bart E. Hightower, is advised in the future not to file or lodge volumes of exhibits without exhibit tabs that protrude from the bottom of the exhibits. (CRC 3.1110(f)(3).) Overview This case presents an employment dispute. The plaintiff is Terry Bailey (“Bailey” or “Plaintiff”). Bailey identifies as African‐American and homosexual. (First Am. Compl. (FAC), ¶ 14.) Bailey has served DGS as a custodian s...

Excerpt: ...in part. On November 19, 2018, Defendant filed the instant “Renewed” Motion for Summary Adjudication. Defendant's Notice of Motion states that this “Renewed” Motion for Summary Adjudication is filed pursuant to Code of Civil Procedure § 437c(f)(2) and § 1008(b). Legal Standards “[A] party is prohibited from making, and the trial court from granting, a motion for reconsideration unless the requirements of [Code of Civil Procedure] sect...

Excerpt: ... (collectively “Plaintiffs”). Wyatt describes himself as an independent contractor who suffered severe electrical shock after he reset a breaker on a dangerously defective electrical panel. Plaintiffs fault Fire Industries and others for their injuries. Fire Industries' cross‐complaint contains causes of action for equitable indemnity, contribution and “apportionment of fault.” Fire Industries identified KW as Roe CrossDefendant No. 2. ...

Excerpt: ...n order compelling further responses to special interrogatories and document requests is GRANTED in part and DENIED in part. Overview In a prior discovery order, the court summarized the action as follows: “Mastagni is suing Defendant Ellis Law Group, LLP ('Ellis' or 'Defendant') for breach of contract. Mastagni's key allegations are: Plaintiff and Defendant associated as co‐counsel in connection with a workers compensation cl...

Excerpt: ...ng Papers. Defendants insist that in light of their express admission of liability for the subject accident and defendant Turner's “complete lack of knowledge or information whatsoever with respect to plaintiff's claimed damages,” there is no legitimate reason for plaintiff to persist in her efforts to depose defendant Turner and going so far as to subpoena him. According to defendants, their admission of liability “renders moot all issues ...

Excerpt: ...33.280(c).) The court acknowledges plaintiff's contention that some of defendant C4 Connections, LLC's responses to the requests for admissions fail to indicate a “reasonably inquiry” was made but this failure alone does not warrant an order deeming the admissions admitted and notably, plaintiff here has not filed a motion to compel further responses pursuant to Code of Civil Procedure §2033.290 in which he could have challenged this alleged...

Excerpt: ...n matters. *** Defendant Nationwide Mutual Insurance Company's (“NMI”) motion to compel plaintiff Starks' further responses to Special Interrogatories and Form Interrogatory 17.1 is GRANTED IN PART and DENIED IN PART, 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 th...

Excerpt: ...tions to evidence will be addressed at the hearing. The parties should be prepared to point to specific admissible evidence which is claimed to show the existence or non‐existence of a triable issue of material fact. *** Defendant Sutter Valley Medical Foundation's (“SVMF”) motion for summary judgment/adjudication is ruled on as follows. The court notes SVMF lodged conditionally under seal several documents offered in support of this motion...

Excerpt: ... is granted. Mr. Riley's objections to the City evidence are ruled upon as follows: overruled. City's objections to plaintiff's evidence are ruled upon as follows: Riley Dec. ‐ overruled as to Nos. 1, 5, 6, 7, 9, 10, 12, 13 Exh. D ; sustained Nos. 2, 3, 4, 8, 11; Brown Dec. ‐ overruled 16, 18, 20, 22; sustained 14, 15, 17, 19, 21; Howell Dec. ‐ overruled 23, 25; sustained 24. Plaintiff Mr. Riley sued City and two of its employees alleging v...

Excerpt: ...ited oral argument is permitted on law and motion matters. *** Plaintiff/Cross‐Defendant Creditors Adjustment Bureau, Inc.'s (“CAB”) demurrer to Defendants/Cross‐Complainants Advance Care for Seniors LLC and Advance Care for Seniors, LLC's (“ACS”) cross‐complaint (“XC”) is ruled upon as follows. The Court did not consider the declarations of Brian L. Mitteldorf and Melissa Klopstock which are attached as exhibits to the declarat...

Excerpt: ...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 Dignity Health dba Mercy Hospital Folsom's (“Defendant”) motion for summary judgment, or in the alternative summary adjudication is ruled upon as follows. Defendant's request for judicial notice is granted. I. Overview This is an employment action. Plaintiff Aundr...

Excerpt: ... Plaintiffs filed this action on 1/8/2014. They were initially represented by the Poswall, White & Cutler law firm (“PWC”). On 7/29/2015, PWC substituted out and Nancy Hersh (“Hersh”) substituted in. On 8/25/2017, the Court granted Plaintiffs' motion to continue trial based on the parties' stipulation. (Declaration of Adam Hale (“Hale Decl.”), Exs. B, C.) The 9/25/2017 trial date was vacated and the parties were referred back to the T...

Excerpt: ...arks' motion to quash deposition subpoenas is ruled upon as follows. This is a putative class action for race and sex discrimination, failure to prevent and various violation of the Labor Code, including failure to pay overtime. Defendant Nationwide Mutual Insurance Co. served subpoenas which can be split into two categories: 1. Teaching Position(s): subpoenas to the Davis School of Realty (“DSR”) and Superior School of Real Estate (“SS...

Excerpt: ...018, 12/28/2018 and 1/2/2019 notices relating to plaintiff Daniel Gonzalez's status as a vexatious litigant subject to a prefiling order which prohibits him from filing any new litigation in the courts of this state in propria persona without first obtaining leave of the presiding justice or presiding judge of the court where the litigation is proposed to be filed. Code of Civil Procedure §391.7(c) provides in its entirety: (c) The clerk may not...

Excerpt: ...to plaintiff on 11/26/2018 but received no response and a subsequent telephone call to plaintiff was made on 12/3/2018, to which no response was received. First, Code of Civil Procedure §430.41(a) specifies that the demurring parties shall meet‐and‐confer “in person or by telephone” with the party filing the pleading that is the subject of the demurrer. Thus, merely sending a letter to plaintiff does not satisfy the express statutory req...

Excerpt: ...se 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 in person or by telephone. This is a collection matter. Defendant now moves pursuant to Code of Civil Procedure §473(b) to set aside the default entered on 3/9/2018 a...

Excerpt: ...l is directed to review the Local Rules, effective 1/1/2019. Factual Background In June 2018 plaintiff obtained in Ohio a money judgment of over $145,000 against defendants and thereafter obtained entry of a sister state judgment here in California. Defendants now move pursuant to Code of Civil Procedure §1710.40 to vacate the entry of this sister state judgment or alternatively, pursuant to §1710.50 for a stay of enforcement of the sister stat...

Excerpt: ...ws. Factual Background This action arises out of two loans, the first in November 2017 for $450,000 relating to property on 48th Street in Sacramento (“November Note”) and the second in December 2017 for $410,000 relating to property on Walnut Avenue in Sacramento (“December Note”). According to the exhibits attached to the operative First Amended Complaint (“1AC”), it appears loans were made by AAJV to VPP with Johnny and Africa each...

Excerpt: ...for defamation along with one for intentional infliction of emotional distress (“IIED”). Plaintiff is a physician whose hospital privileges were in 2014 suspended by defendant Dignity Health in response to allegations by various hospital employees. He alleges that when they learned plaintiff might be regain his privileges, certain employees “falsely and maliciously” reported to the FBI on or about 4/5/2016 that he had made threats against...

Excerpt: ...Signature Stock Transfer's (“SST”) demurrer to Defendant/CrossComplainant in pro per Kenneth Maciora's (“Maciora”) Cross‐Complaint (“XC”) is ruled upon as follows. Overview This case presents a multi‐party business dispute. Plaintiff MyECheck, Inc. ("MEC") alleges its former CEO, defendant Zalunardo, falsified an employment agreement purportedly entitling him to MEC shares and that he purported to transfer these shares to ...

Excerpt: ...( American Indian Health & Services Corp. (2018) 24 Cal.App.5th 772). For present purposes, it is sufficient to note the following. Petitioners are 23 federally‐qualified health centers (FQHCs) or rural health clinics (RHCs) providing adult dental, chiropractic and podiatric services to Medi‐Cal patients. The Department reimbursed them for such services until July 1, 2009, when Welfare and Institutions Code section 14131.10 went into effect. ...

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. *** Defendant PDQ Automatic Transmission Parts, Inc.'s (“PDQ”) motion for summary judgment, or in the alternative, summary adjudication is ruled upon as follows. 1. Overview This action arises from a motor vehicle accident which resulted in the death of two pe...

Excerpt: ...ri Aguilar (“Lori”)(collectively “Plaintiffs”). On 2/29/2016, Jose was stopped in traffic when he was rear‐ended by Defendants' bus, causing Jose's vehicle to collide with the vehicle in front of it. Plaintiffs allege that Jose “was hurt and injured in his health, strength and activity, sustaining injuries to his body and shock and injury to his nervous system and person, all of which said injuries have caused and continue to cause Pl...

Excerpt: ...fendant DiTech Financial, LLC's demurrer to Plaintiff Paulette Hacker's complaint is ruled upon as follows. Defendant's request for judicial notice is granted. In taking judicial notice of the recorded land documents, the court accepts the fact of their existence, not the truth of their contents. (Herrera v. Deutsche Bank Nat'l Trust Co. (2011) 196 Cal.App.4th 1366, 1375; Kalnoki v. First American Trustee Servicing Solutions LLC (2017) 8 Cal....