Excerpt: ...nty causes of action against Defendants. The Court previously sustained Defendants' demurrers to the first eleven causes of action, and thus only causes of action 12‐20 are at issue. (RJN Exs. A, B. C.) The remaining causes of action allege claims for breach of contract, breach of fiduciary duty, accounting, fraudulent concealment, fraud, conversion, and unjust enrichment. On September 30, 2019, the Court granted Defendants' unopposed motions t...

Excerpt: ...xtrinsic evidence. This Court is limited to reviewing allegations in the SAXC or subject to judicial notice. Overview The SAXC alleges as follows. Sepanski and Masters entered into a romantic relationship in October 1987, at which time Masters began abusing Sepanski, and the abuse continued throughout the relationship. In 2007, at Masters' urging, Sepanski obtained the proper licenses and financing and opened an automobile dealership called Disco...

Excerpt: ...state provided insurance to Plaintiffs as well as a $2 million umbrella policy. Allstate inspected the property at issue in September 2014 to look for hazards and other conditions that posed risks to the building or were dangers to others. Plaintiffs allege that at the time of the inspection, Allstate's inspector saw scaffolding, but Allstate never indicated that the scaffolding was a hazard or risk of injury. Plaintiffs allege that in October 20...

Excerpt: ...t it entered into several contracts with Defendants which extended them a line of credit, and that Defendants breached the contracts by failing to pay approximately $1.7 million due and owing. American River RV filed for bankruptcy after this case commenced. On May 14, 2019, Plaintiff noticed Mr. Ahmad's deposition, and again noticed it on July 9, 2019. After Mr. Ahmad failed to appear on both occasions, Plaintiff filed a motion to compel his dep...

Excerpt: ...to provide legally complaint meal and rest periods, among other things. While this case was originally styled as a class action, Plaintiff has since decided to pursue only his claim arising under the Private Attorney General Act (“PAGA”) and has therefore dismissed the class action allegations from the operative complaint and all but the tenth cause of action arising under PAGA. On July 11, 2019, Plaintiff served Defendants with Special Inter...

Excerpt: ...ptember 26, 2019 Plaintiffs' counsel asserts that he provided notarized and signed copies of the releases and Centers for Medicare & Medicaid Services (“CMS”) information. (Id. ¶7.) Plaintiffs' counsel further asserts that Defendants were required to make payments within 30 days of the submission of the signed releases and CMS information, but have failed to do so. (Id. ¶¶6, 7.) As Defendants have failed to send the settlement check per th...

Excerpt: ...er counsel successfully moved to withdraw. Plaintiff then obtained new counsel, who represented her from March 12, 2019 to September 2019, at which time the he also successfully moved to withdraw. Plaintiff is now again in pro per, and trial is set for January 13, 2020. In light of the impending trial date, this matter has been set for hearing on shortened time. The parties engaged in a settlement conference with Judge Davidian on September 9, 20...

Excerpt: ... and criminal history. He argues these allegations are convoluted, irrelevant, and scandalous. (See MPA at pp. 3‐4.) Sepanski argues that these allegations are relevant to Sepanski's allegations of fraud and conversion. The Court agrees. Sepanski's allegations in her SAXC relate directly to her lengthy and tumultuous history with Masters, and provide relevant context as to how he was allegedly able to defraud her and convert her property throug...

Excerpt: ...ch of the objections 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 Costco Wholesale Corporation's (“Costco”) motion for summary adjudication as against plaintiff Dori Kolb is ruled upon as follows. Both moving and opposing counsel failed to comply with CRC Rule 3.1...

Excerpt: ...monetary sanctions, the notice of motion fails to comply with Code of Civil Procedure §2023.040 [requiring notice to “identify every person, party, and attorney against whom the sanction is sought, and specify the type of sanction sought”]. Factual Background This is a putative class action which alleges various wage‐and‐hour violations by the named defendants. On 6/20/2019 plaintiffs hand served a notice for the deposition of “[PMK] a...

Excerpt: ... brings this action against Defendant, alleging two causes of action for (1) negligence and (2) intentional tort. As to the negligence cause of action, Plaintiff's Complaint alleges that on June 6, 2018, Plaintiff saw Defendant for a routine checkup at Folsom State Prison. At that time, Plaintiff asked Defendant to take him off his medication, and Defendant stated that it would take six months to wean him off. Plaintiff alleges that he then asked...

Excerpt: ...otice is granted. This is a wrongful death action. Plaintiffs are the heirs of decedent Shelly Lynn Rau (“Decedent”). Plaintiffs allege that 5/22/2019 co‐defendant Dean Barbera (“Barbera”) consumed substantial amounts of alcohol to the point of intoxication and impairment to operate a motor vehicle. Barbera was driving a vehicle when he ran into Decedent while she was crossing a cross‐walk. Barbera fled the scene and was eventually ar...

Excerpt: ...nt on others for mobility. Decedent developed pressure ulcers and attempted to cover up the existence and cause of the pressure ulcers. Decedent passed away on 1/21/2018. The Court notes that Defendant Sutter Valley Hospitals has agreed to serve supplemental responses and produce documents for most of the request for production of documents. In reply, Plaintiff indicates that he has not yet received the supplemental responses. The motion is GRANT...

Excerpt: ...nt for over five years preceding the complaint. Specifically, a sewer drain exists and garbage bins have been placed on the easement. The Hongs filed their answer on 9/12/2019, they now seek leave file a cross‐complaint for ejectment, trespass, public/private nuisance, and declaratory relief. The Hongs insist that the cross‐complaint is compulsory. A cross‐complaint is compulsory when the claims are "logically related" to those asserted in ...

Excerpt: ...fendant S360 Holdings, LLC entered into a written agreement entitled “Promissory Note” in the amount of $500,000 pertaining to the financing of real property. The Promissory Note was secured by a Deed of Trust on the property. As part of the transaction, Chisick and co‐defendant Raymond Sahadeo (“Sahadeo”) executed a Personal Guaranty. Ultimately, the property was sold and Williams is barred from proceeding against the property to colle...

Excerpt: ...damages and other equitable relief. Plaintiffs allege that Defendants are co‐owners/operators of a commercial property located at 3501 33rd Ave, Sacramento, California 95824 (“Property”). Plaintiffs allege that commencing 1/8/2016, the Property has been used and was continually being used, for the purposes of unlawfully selling, serving, storing, keeping, manufacturing, using, or giving away controlled substances, precursors, and/or analogs...

Excerpt: ...anals, four crowns, and additional injuries, such as Temporomandibular Joint Disorder (“TMJ”) and tinnitus. After this litigation commenced, Defendant subpoenaed Plaintiff's medical and billing records from UC Davis Medical Center, UC Davis Medical Center/Billing, Regents of UC Professional Billing/Business Office, UC Davis Medical Center/Radiology, California Department of Veterans Affairs, Domestic Department of Veteran's Affairs, Veteran's...

Excerpt: ...ough the notice of motion 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 According to the complaint, plaintiff is a non‐profit mutual benefit corporation which was organized in 1964 as a cooperative housing project located in Sacramento County. The sole named defendant...

Excerpt: ...ts' motion to compel plaintiff's further responses to special interrogatories is ruled on as follows. The notice of motion does not comply with Code of Civil Procedure §1010 or CRC Rule 3.1110(a). Both moving and opposing counsel failed to comply with CRC Rule 3.1110(b)(3)‐(4). Factual Background Plaintiff is a real estate agent who is now suing defendants for defamation. Plaintiff alleges that defendants sent a defamatory email to plaintiff h...

Excerpt: ...l is unable to contact opposing parties' counsel prior to the hearing, moving parties' counsel shall be available at the hearing, in person or by telephone, in the event opposing parties' counsel appears without following the procedures set forth in Local Rule 1.06(B). Defendants Roger Biscay and Lynn Biscay (“Defendants”) move for 1) an order compelling Plaintiff Andrea Richard to provide responses to Defendants' form interrogatories, set on...

Excerpt: ... the State of California for civil penalties and an injunction against Defendants alleging they disseminated false information (Business & Professions Code §§ 17500, et seq.) and engaged in unfair competition (Business & Professions Code §§ 17200, et seq.) in connection with their pesticide application business. Defendants filed an answer to the FAC on October 18, 2019, in which they allege fifteen affirmative defenses. Plaintiff moves to str...

Excerpt: ...ion. This is a Lemon Law action arising out of Plaintiff's purchase of a 2017 GMC Sierra. Plaintiff alleges that following his purchase of the subject vehicle, he made several visits to a GM dealer in an effort to have certain transmission and engine defects repaired. Plaintiff alleges GM failed to repair the defects or repurchase the subject vehicle in violation of the Song‐Beverly Consumer Warranty Act (the “Act”). He further alleges that...

Excerpt: ...oni, DDS's dental practice, Plaintiff alleges she was required to perform work for all of the Defendants. (Compl. ¶ 18.) Defendants move to compel arbitration of this action pursuant to Code of Civil Procedure section 1281.2 based upon an arbitration provision contained in a 26‐page employee handbook, which Plaintiff acknowledged receipt of when she was hired. The provision was headed “MUTUAL AGREEMENT TO ARBITRATE CLAIMS” and was found on...

Excerpt: ...ntiff cannot establish it breached the applicable standard of care. In evaluating a motion for summary judgment the court engages in a three step process. First, the Court identifies the issues framed by the pleadings. The pleadings define the scope of the issues on a motion for summary judgment. (FPI Dev. Inc. v. Nakashima (1991) 231 Cal.App.3d 367, 381‐382.) Because a motion for summary judgment is limited to the issues raised by the pleading...

Excerpt: ...06 (D). ACP's counsel is directed to contact Plaintiff Rafael Ayala Hernandez's (“Plaintiff”) counsel forthwith and advise counsel of Local Rule 1.06 and the Court's tentative ruling procedure. If ACP's counsel is unable to contact Plaintiff's counsel prior to the hearing, ACP's counsel shall be available at the hearing, in person or by telephone, in the event Plaintiff's counsel appears without following the procedures set forth in Local Rul...

Excerpt: ...ers. *** Defendants Visit Elk Grove (“VEG”) and Rachael Brown's (“Brown”) demurrer to Plaintiff's second amended complaint (“SAC”) is ruled upon as follows. Overview Plaintiff Kristin Berkery owns and operates a marketing consulting firm and has done business in Elk Grove since 2013. Her firm provides clients with services such as strategic planning, web design, media buying, media relations, voiceover and event planning. Plaintiff ha...

Excerpt: ...(the “Premises”). Plaintiff alleges the following in the SAC. Defendants owned the apartment complex containing the Premises at all relevant times. (SAC ¶ 2.) Pursuant to a written property management agreement, non‐ party Catalyst Property Management, Inc. (“Catalyst”) acts as the property manager and authorized agent for Defendants at said apartment complex. (SAC ¶ 7.) As such, Catalyst (as agent for Defendants) took and processed a...

Excerpt: ... calendar days prior to the hearing. (See CRC 3.1342(a) [requiring a party seeking dismissal of a case to “serve and file a notice of motion at least 45 days before the date set for hearing of the motion”].) The Court does not consider Defendant Daniel Clark (“Clark”)'s notice of joinder in Differenbaugh's motion (ROA # 105) since it was untimely filed on November 12, 2019. Clark's “joinder” not only joins in Differenbaugh's dismissal...

Excerpt: ...ponse, Uber filed this Petition to Compel Arbitration and Stay the Proceedings pursuant to the arbitration provision in the December 11, 2015 Technology Services Agreement (the “TSA”), which Mr. Blair agreed to on March 8, 2016. Specifically, the TSA contains an arbitration provision which requires drivers such as Mr. Blair, if they do not opt out, to individually arbitrate all disputes arising out of or related to the agreement or their rela...

Excerpt: ... complex in Rancho Cordova, California. Defendants have learned that four of the Plaintiffs are deceased. To date, Plaintiffs' counsel has not filed a motion to appoint representatives or successors‐ininterest for the estates of any of the four deceased Plaintiffs, although two of them died a year ago. Defendants argue that because no successors or representatives have been substituted in for the deceased Plaintiffs, the Court's jurisdiction is...

Excerpt: ...gusta Legacy Properties, LLC's (“ALP”) demurrer to the crosscomplaint (“X‐C”) of defendants Epona Investment Group, LLC and Plaza Ave Apartments, LLC (collectively “Epona”) is ruled on as follows. Factual Background This is a subrogation action brought by plaintiff Mercury Insurance Company (“Mercury”) to recoup the expenses it incurred in connection with both the defense and settlement of habitability claims made against its in...

Excerpt: ...rchase Agreement (“PA”) wherein he agreed to purchase a condominium from Defendant for the price of $162,900.The PA included a provision for a seller's credit of $12,000, which would be paid to Plaintiff at the close of escrow, effectively reducing the purchase price to $150,900. During Plaintiff's VA loan application process, time for close of escrow passed without funding. Plaintiff then filed a lawsuit in February 2015 for specific perform...

Excerpt: ...upon price certain real property located in Sacramento County, along with another cause of action for breach of contract wherein plaintiff alleges monetary damages of at least $50,000. This matter was ordered to arbitration effective 6/2/2016. On 11/17/2016, plaintiff filed a motion to enforce settlement which was ultimately denied on 12/19/2016 without prejudice. On 2/9/2017, plaintiff filed a second motion to enforce settlement which was denied...

Excerpt: ...g. The litigation coordinator shall provide the tentative ruling to Plaintiff within 48 hours of receiving it. Typically, the hearing date would automatically be continued one week plus one court day for oral argument. However, the Court Holidays, the hearing date shall be continued to December 4, 2019. The continuance date will be an appearance required hearing so that Plaintiff need not request oral argument. The Litigation Coordinator shall ma...

Excerpt: ...on of Labor Code §226 [requirements for itemized wage statements]. On 6/17/2019 DTE filed a petition to compel arbitration which Code of Civil Procedure §1281.7 permits to “be filed in lieu of filing an answer to a complaint.” Rather than challenging the enforceability and/or applicability of the subject arbitration clause on which TDE's petition to compel arbitration was based, plaintiff chose to file the 1AC on 6/25/2019. As explained in ...

Excerpt: ...e ruling to the litigation coordinator on or before the date of the scheduled hearing. The litigation coordinator shall provide the tentative ruling to Plaintiff 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 need not request oral argument. The Litigation Coordinator shall make Pla...

Excerpt: ...row, LLC dba Jungle Dirt (“Kong Grow”), Lopez Ag Service, Inc., Alfred Lopez, and Does 1‐50. Plaintiff alleges causes of action for (1) breach of contract, (2) breach of the covenant of good faith and fair dealing, (3) negligence, (4) products liability ‐ design defect, (5) strict products liability ‐ manufacturing defect, (6) negligent products liability, (7) negligent misrepresentation, and (8) fraud. The Court notes that Defendants M...

Excerpt: ...ranted in part and denied in part as set forth below. Plaintiff's concurrent motion for monetary sanctions in the amount of $2,310 pursuant to Civil Procedure Code sections 2023.010(d)‐(e), (i), 2023.020, 2023.030(a), 2030.300(d), and 2031.310(h), is denied. Church's request for sanctions is also denied. Plaintiff Gilbert Barrow filed a complaint against defendants Chinese Methodist Church and Sally Wong alleging causes of action related to an ...

Excerpt: ...es, Robert Coupe, and Mark Beadleston, is not opposed and is granted as set forth below. Ghilotti's motion for monetary sanctions pursuant to Sections 2023.010, subds. (d) and (h) and 2033.280, subd. (c) against counsel for the crossdefendants in the sum of $1,185.00 for the failure to timely respond to the Requests for Admission is granted. On June 12, 2019, Ghilotti Bros., Inc. served separate requests for admissions upon Cross‐ Defendants Li...

Excerpt: ...* Plaintiffs Valerie Sikich, et al.'s motion to compel defendant Caroline Kang, LLC dba Laguna Woods' further responses to Requests for Production, Set Two (“RFP”) is ruled upon as follows. Background This is an elder abuse action arising from the decedent Christine Patton's AugustSeptember 2017 stay at Laguna Woods, a residential care facility for the elderly (“RCFE”). Ms. Patton required help with various activities like getting in and ...

Excerpt: ...ccording to defendants, plaintiffs owed over $600,000 on their mortgage as of 2015 and have filed roughly 10 bankruptcy proceedings since 2010 in an attempt to stall the foreclosure process. Plaintiffs' first civil action was filed in 2016 and ended with a settlement in August 2017, wherein plaintiffs agreed they would not again file suit relating to their deed of trust or challenge foreclosure proceedings. The present action was commenced by Mr....

Excerpt: ... point to specific evidence which is claimed to show the existence or non‐existence of a triable issue of material fact. *** Defendants SI Real Estate, Inc. (“SRE”) and Florin Bradshaw Investors, LLC's (“FBI”) (collectively “Defendants” or “Seller”) motion for summary judgment, or in the alternative, summary adjudication is ruled upon as follows. The Court notes that in Plaintiff Kamar Singh's declaration in opposition to the mo...

Excerpt: ...and special interrogatories on 1/26/2018 and the latter subsequently obtained an extension which expired on 3/30/2018. Unverified responses to the interrogatories were served on 9/28/2018 and verified responses were served on 11/5/2018. On 12/6/2018 plaintiff sent a meet‐and‐confer letter which by its own terms was limited to the fact that defendant's responses impermissibly included objections which were previously waived by virtue of defend...

Excerpt: ... his complaint on 6/12/2017, and a first amended complaint on 10/22/2018. Plaintiff alleges that he joined the basketball team in September 2015. During practice, at huddles and conferences on the basketball court, Kayden N. and defendant coach Stephen Bunch (“Bunch”) would not only, condone, encourage, and allow, but actually also authorize, encourage, and "join in on", and openly engage in such sexual banter. He alleges that on Febr...

Excerpt: ...Buchanan), Michael Eyolfson, M.D. (Dr. Eyolfson), Michael Suk, R.N. (Nurse Suk), Vincent Lee, M.D. (Dr. Lee), David Keene, M.D., Kaiser Foundation Health Plan, Inc., The Permanente Medical Group, Inc. and Kaiser Foundation Hospitals (collectively “Defendants”) to the first amended complaint (FAC) is SUSTAINED in part and OVERRULED in part. Defendants' request for judicial notice filed with the moving papers is GRANTED. On its own motion, the ...

Excerpt: ...tten and that a copy of the agreement is attached to the complaint. The attachment, however, is a 1992 memorandum providing that Chua will receive $30,000 of Ganal's life insurance proceeds should he die. The attachment directs Ganal's wife to pay the $30,000 in life insurance proceeds. It also provides that Chua “has control over all personal properties inside [Ganal's] house.” Ganal asserts that he is alive and, therefore, that a condition ...

Excerpt: ...g Memorandum of Points and Authorities, DGS characterizes the current motion as follows: This is DGS's second summary judgment motion brought on grounds of design immunity under Government Code section 830.6. The Court denied the first motion finding DGS did not meet its initial burden of proof by attempting to establish facts through judicial notice. The order did not state the denial was with prejudice. DGS now submits a second motion based...

Excerpt: ...e request for a 60‐day continuance to permit discovery is DENIED. Defendants and opposing parties herein Raymond Sahadeo (Sahadeo) and Dhanraj Sahadeo (Dhanraj) (collectively “Defendants”) speculate that discovery in a different case might yield favorable information about the real property transfers that gave rise to this lawsuit. (See Opp. at 11:15‐12:11.) Given the speculative nature of the request, and given the waste Defendants appea...

Excerpt: ...32, 1033.5 and 2033.420 is GRANTED in part and DENIED in part. On its own motion, the court takes judicial notice of 99 Cents' 11/28/18 Moving Memorandum of Points and Authorities in support of its motion for summary judgment. The Clerk of the Court is directed to change the security clearance on the Declaration of James Pagliero filed on 11/28/18 so that it is not available for public viewing. The declaration contains unredacted social security ...

Excerpt: ...ears proper on its face. (Foothill‐ De Anza Community College Dist. v. Emerich (2007) 158 Cal.App.4th 11, 29‐30.) "If so, the burden is on the objecting party to show [the costs] to be unnecessary or unreasonable." (Id. [quoting Nelson v. Anderson (1999) 72 Cal.App.4th 111, 131] [brackets in original].) Where costs are not expressly allowed by the statute, the burden is on the party claiming the costs to show that the charges were rea...