Excerpt: ...intiff 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. *** Defendant United Parcel Service, Inc.'s (“UPS”) motion for summary judgment, or in the alternative, summary adjudication on Plaintiff Madeline Martin's (“Martin” or “Plaintiff”) complaint is ruled upon as follows. I. Overview This is ...

Excerpt: ...t. 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 COURTCALL, at 9:00 a.m. on the date of the continued hearing date, which will be December 18, to participate in oral argument. Defendant Dr. Daniel Jackson's (“Defendant...

Excerpt: ... affirmative defenses in his answer. (RJN Ex. 64.) Plaintiff served Defendant with form interrogatories seeking, among other things, facts, documents, and the identity of witnesses supporting those defenses. (LeLievre Decl. Ex. 61.) Defendant failed to respond to the interrogatories, so Plaintiff filed a motion to compel responses, which Defendant did not oppose. The Court granted the motion on August 26, 2019, ordering “No later than September...

Excerpt: ..., he entered into a lease with his tenant, Na Zhu, which was set to expire on January 31, 2019. On December 11, 2018, Plaintiff went out of the country to visit his son. He returned on January 15, 2019. Upon his return, Plaintiff was unable to reach his tenant. On January 18, 2019, he drove to the property and discovered a notice on the door from the Sacramento Police Department. The notice was dated 12/12/2018. It was an administrative penalty f...

Excerpt: ...'s motion for judgment on the pleadings is ruled upon as follows. Plaintiff'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.App.5th 23, 36‐37 [trial court properly took...

Excerpt: ... violates CRC, Rule 3.113(d) (“Except in a summary judgment or summary adjudication motion, no opening or responding memorandum may exceed 15 pages.”) The Court has considered the oversized brief in its discretion. Plaintiff's opposition was untimely by one day. However, the Court has considered the merits in its discretion, as there was no apparent prejudice to Defendant as a result of the delay. Both parties are advised that failure to comp...

Excerpt: ... of action against Defendant under the Private Attorney's General Act (“PAGA”), alleging Defendant violated various wage and hour statutes. On February 6, 2016, Plaintiff served Defendant with RFP (Set Two), which contained a single RFP (RFP 53) that requested the following: All documents sufficient to identify the composition and hierarchy of the Defendant's business operations, including but not limited to the identification of all employee...

Excerpt: ...7/2016 at 4:32 p.m. at 8640 Heppner Ct., Elk Grove, CA 95624. Substitute service was made on "JOHN DOE (REFUSED NAME), CO‐OCCUPANT CAUCASIAN, Male, 69+ yrs old, 5'10" tall, 220 lbs., GREY hair." Default was entered on 12/16/2016. Default judgment was entered on 6/8/2017. Defendant moves to set aside pursuant to CCP 473.5. The motion is untimely. CCP 473.5 provides that "[t]he notice of motion shall be served and filed within a reasonable time, ...

Excerpt: ...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 make Plaintiff available, by COURTCALL, at 9:00 a.m. on the date of the continued hearing date, whi...

Excerpt: ...fs now seek leave to amend to (1) add two defendants, Freedom Health Partners LLC and Financial Health Accounting, LLC, and (2) assert joint employer and alter ego allegations against Defendants. Plaintiffs contend that Defendant will not be prejudiced by the amendment, because the case is only eight months old, and no trial date has been set. Plaintiffs note that Defendant previously stipulated to an amendment to add Freedom Health Partners as a...

Excerpt: ...te's “motion to compel document production from defendant Chris Barnum” is ruled on as follows. The notice of motion does not comply with Code of Civil Procedure §1010 or CRC Rule 3.1110(a). The notice of motion also fails to clearly specify whether the present motion is one seeking defendant Barnum's further responses pursuant to Code of Civil Procedure §2031.310, defendant Barnum's compliance pursuant to Code of Civil Procedure §2031.320...

Excerpt: ...ontact Plaintiffs' counsel forthwith and advise them of Local Rule 1.06 and the Court's tentative ruling procedure. If Sutter's counsel is unable to contact Plaintiffs' counsel prior to the hearing, they shall be available at the hearing, in person or by telephone, in the event Plaintiffs' counsel appears without following the procedures set forth in Local Rule 1.06 (B). Request for Judicial Notice The parties' respective requests for judicial no...

Excerpt: ..., as specified in the Proof of Service execute by Shawn Sardia dated December 12, 2017. Plaintiff concedes that the proof of service bears an incorrect address as the place of service for Defendant Ross. Defendant Ross indicates that he was alerted by his boss to the potential of a subrogation claim being filed against him related to an automobile accident. He declares that he searched the court's record for any action, and located the present ac...

Excerpt: ...a Randall's (“Plaintiff”) Motion for Leave to file an amended complaint. The Court noted that BP had a pending motion for summary judgment in its ruling on Plaintiff's Motion for Leave. Plaintiff then filed the First Amended Complaint (“FAC”) on September 27, 2019, which is now the operative pleading. Nothing in the moving papers, or the Court's records, indicates the applicability of BP's motion to the FAC. (See Perry v. Atkinson (1987) ...

Excerpt: ... manufacturer of the Vehicle violated the Song‐Beverly Act by failing to repair or replace the vehicle after multiple attempts. On April 10, 2019, Plaintiffs served Defendants with RFPs. (Morse Decl. Ex. A.) Plaintiffs' RFP nos. 30‐33 seek documents evidencing customer complaints by owners of 2013 Dodge Challenger vehicles for similar defects as those alleged by Plaintiffs. (ID.) On June 19, 2019, Defendant served its responses to the RFPs. (...

Excerpt: ...ath. The present action is brought by the decedent's wife and several adult children. The complaint purports to assert causes of action against various defendants for elder abuse, negligent infliction of emotional distress (“NIED”), violation of Patients' Bill of Rights, and wrongful death. Moving Papers. Defendants now move “pursuant to California Code of Civil Procedure §§1281.2 and 1295” to compel arbitration on the grounds that the ...

Excerpt: ...HH Mortgage Corp.'s (“PHH”) demurrer to Plaintiff Homer Black's complaint is ruled upon as follows. PHH'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.App.5th 23, 36...

Excerpt: ...also failed to pay the monetary sanctions based on Plaintiff's motion to deem matters admitted. The Court may impose sanctions that are suitable and necessary to enable the party seeking discovery to obtain the objects of the discovery he seeks, but the Court may not impose sanctions which are designed not to accomplish the objects of the discovery but to impose punishment. (Caryl Richards, Inc. v. Superior Court (1961) 188 Cal. App. 2d 300, 304....

Excerpt: ...ges two causes of action against Defendant for (1) premises liability, and (2) general negligence. The facts are as follows. On January 5, 2016, Plaintiff arrived at Defendant's store location on Bradshaw Road in Sacramento, California, with his daughter and five minor grandchildren. (UMF 3, 5.) Plaintiff entered the store with his family and wandered the store but did not buy anything. (UMF 7‐9.) Plaintiff's granddaughter Leann told Plaintiff ...

Excerpt: ...ction on October 16, 2018. On March 17, 2019, Plaintiff personally served the Complaint on Defendant Teague as an individual and as a corporate officer of Accrylic. (Peters Decl. Ex. A.) Plaintiff failed to serve Acrylic through its agent for service of process, who was registered with the California Secretary of State at the time of service. (Id. Ex. B.) On April 18, 2019, Plaintiff filed a request for entry of default and judgment against Defen...

Excerpt: ...o per. On August 14, 2019, the Court granted Defendant's unopposed motion to compel Plaintiff's responses to request for production of documents (set one), and ordered Plaintiff to serve verified written responses, without objections, by no later than October 10, 2019. (ROA 78.) Defendant's unopposed motion to compel responses to form interrogatories (set one) was denied because Plaintiff had served timely responses to form interrogatories. (Id.)...

Excerpt: ...ice does not comply with that rule. Moving counsel is directed to review the Local Rules, effective 1/1/2019. Factual Background This is a personal injury action in which defendants have demanded a medical examination of plaintiff pursuant to Code of Civil Procedure §2032.010 et seq. Plaintiff appeared for examination but it was suspended when a dispute arose relating to the questions asked by the examiner. The examination was rescheduled but wa...

Excerpt: ...betted this scheme and caused damage to plaintiffs. At issue here are approximately 30 “internal credit and underwriting reports” called “Credit Presentation Reports” (“CPR”), which were prepared in connection with various bank loans extended to Wannakuwatte's business, International Manufacturing Group. Pursuant to the parties' existing protective order, defendants produced a multitude of documents they insist are “confidential” ...

Excerpt: ..., Male, 69+ yrs old, 5'10" tall, 220 lbs., GREY hair." Default was entered on 12/16/2016. Default judgment was entered on 6/8/2017. Defendant moves to set aside pursuant to CCP 473.5. The motion is untimely. CCP 473.5 provides that "[t]he notice of motion shall be served and filed within a reasonable time, but in no event exceeding the earlier of: (i) two years after entry of a default judgment against him or her; or (ii) 180 days after service o...

Excerpt: ...ed 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 Stewart Title of Sacramento's (“STS”) motion for summary judgment, or in the alternative, summary adjudication is ruled upon as follows. Overview This action arises out of a 2015 Purchase Agreement and Construction Contract for the development of a singl...

Excerpt: ...es that the Settlement Agreement attached as Exhibit A to the Declaration of Jason M. Sherman (“Sherman Decl.”) nowhere states that this Court would retain jurisdiction over this case for purposes of enforcing the settlement agreement. However, the Court also notes that it currently retains jurisdiction because this case has not yet been dismissed in its entirety. Plaintiffs have dismissed their action in its entirety. Generally, when there i...

Excerpt: ...ie Vega (“Plaintiff”) filed her original Complaint for medical malpractice on January 25, 2019, based on an incident that occurred on or about November 23, 2017. (Register of Actions (“ROA”) 1.) The original Complaint named “Planned Parenthood Federation of America, Inc., a business entity, form unknown, and DOES 1 to 100” as Defendants. The Complaint alleged that “Defendant Planned Parenthood,” a “business entity, form unknown,...

Excerpt: ...FW), Violation of 42 USC §1983 (against Bartlett), and Violation of Administrative Practices Act of California (against Defendants). Plaintiffs are Jeffrey Huckins, Donna Waddell and Lisa Ann Messick Rerucha. They own farming and hunting land (“Land”). The Land is bounded on the north by Honcut Creek. When inclement weather occurs, the surface of Honcut Creek in the vicinity of and adjacent to the Land can raise in elevation, resulting in ov...

Excerpt: ...nt to specific admissible evidence which is claimed to show the existence or nonexistence of a triable issue of material fact. *** Defendant Vibra Hospital of Sacramento's motion for summary judgment as against plaintiff Pinney is ruled on as follows. The notice of motion does not provide notice of the Court's tentative ruling system, as required by Local Rule 1.06, and does not provide the correct address for Dept. 53/54. Moving counsel is direc...

Excerpt: ...nd motion matters. *** Defendants River Delta Joint District (“District”), Don Beno (“Beno”) and Laura Ulsan's (“Ulsan”) (collectively “Defendants”) demurrer to Plaintiffs' Third Amended Complaint (“TAC”) is ruled upon as follows. At the outset, the Court notes that the TAC is 117 pages (exclusive of 231 pages of exhibits) and 235 paragraphs (exclusive of sub‐parts) of text, with significant repetition of factual allegations...

Excerpt: ...ers. *** Defendant California Department of Health Care Services' (“DHCS”) Demurrer to Plaintiff Mei Li's (“Plaintiff”) Third Amended Complaint (“TAC”) is ruled on as follows. Overview This case arises from allegations of sexual harassment, national origin harassment, and retaliation. Plaintiff was employed by DHCS as an auditor from March 2, 2015 to November 23, 2015. Plaintiff alleges that she received unwanted sexual advances from ...

Excerpt: ...N Ex. 1.) The loan was secured by a deed of trust (“DOT”) against the real property located at 3635 Bellinger Court, North Highlands (the “Property”). (Id.) The DOT identified Mortgage Electronic Registration Systems, Inc. (“MERS”) as the beneficiary. (Id.) On May 16, 2012, an assignment of the DOT was recorded, assigning the DOT from MERS to CitiMortgage (the “2012 Assignment”). (RJN Ex. 2.) On July 16, 2012, a Notice of Default ...

Excerpt: ...ginated in January 2007 and is secured by a Deed of Trust ("DOT") recorded against plaintiff's home on American River Drive. The 2017 action named numerous defendants, but did not name Defendant Fay Servicing, LLC. The 2017 action alleged that plaintiffs were not contacted prior to the recording of a Notice of Default in October 2007 to discuss their financial situation and to explore alternatives to foreclosure as mandated by the California Home...

Excerpt: ...‐Complainants unopposed motion to compel Plaintiff's deposition, and ordered Plaintiff to appear for deposition no later than September 6, 2019. (Parra Decl. Ex. A.) On August 13, CrossComplainants served Plaintiff with a copy of the Court's order and notice of entry of order. (Id. Ex. B.) On that same date, Cross‐ Complainants sent Plaintiff a letter proposing deposition dates, yet Plaintiff did not respond. (Id.) On September 10, Cross‐Co...

Excerpt: ...lth's Central Valley Region. His employment was terminated in July 2018 and his lawsuit purports to assert causes of action for retaliation in violation of various statutes, wrongful termination, breach of employment contract, breach of implied covenant of good faith and defamation. Moving Papers. Defendant asserts that all causes of action currently alleged arise out of plaintiff's employment with Sutter Health and are therefore subject to plain...

Excerpt: ...t on 2/16/2017. Plaintiff's complaint filed on 3/2/2018 alleges that defendant “negligently controlled, managed, maintained, operated, installed, repaired, hired, cleaned, and electrically wired its leased premises.” Plaintiff has requested defendant to produce the “incident report” which was prepared following plaintiff's 2017 fall and the work performance evaluations for Ms. Keenan, the former assistant manager of the subject restaurant...

Excerpt: ...ng plaintiff's 195 Additional Material Facts and/or which 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 Susan Willis is ruled upon as follows. Both movi...

Excerpt: ...ers. *** Defendant The Ezralow Company, LLC's “(TEC”) demurrer to the First Amended Complaint (“1AC”) is ruled on as follows. Factual Background This employment action is brought by a former manager of a residential property owned by TEC. According to the 1AC, plaintiff was hired in 2010 and in December 2017 she received a poor performance review which resulted in her being placed on a performance improvement plan. Plaintiff maintains tha...

Excerpt: ... Statement. (CRC Rule 3.1345.) This action arises from a pedestrian versus vehicle collision that occurred on January 21, 2018. Defendant, driving for Defendant Uber Technologies, Inc., stopped at a gas station. Plaintiffs allege that as they exited the vehicle, Defendant began driving, struck Plaintiffs, and fled the scene. Plaintiffs allege injuries as a result of the accident. In June 2019, Defendant issued 30 subpoenas for Plaintiffs' medical...

Excerpt: ...er Cross‐Defendant Curtis Smith's (“Smith”) demurrer to Cross‐Complainants Michael Egan (“Egan”) and Silver Lining Properties, LLC's (“SLP”) (collectively CrossComplainants”) first amended cross‐complaint (“FAXC”) is ruled upon as follow. The Court notes that while Smith's meet and confer effort remain deficient, the Court will rule on the merits of the demurrer. The Court did not consider Smith's declaration filed in supp...

Excerpt: ...red since a demurrer is necessarily limited to the face of the pleadings and may not involve extrinsic evidence. A demurrer “tests the pleadings alone and not the evidence or other extrinsic matters.” (SKF Farms v. Superior Court (1984) 153 Cal.App.3d 902, 905.) The only issue involved in a demurrer hearing is whether the complaint, as it stands, unconnected with extraneous matters, states a cause of action." (McKenney v. Purepac Pharm. C...

Excerpt: ...iff to Arbitration. On June 18, 2019, the Court ruled as follows: Given the conflicting arguments, including factual disputes, regarding the existence and enforceability of the arbitration agreement, this matter is referred to the Presiding Judge in Department 47 for a short cause trial. (See Hotels Nevada v. L.A. Pacific Ctr., Inc. (2006) 144 Cal.App.4th 754.) The short cause trial is only for the limited purpose to determine whether an arbitrat...

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 Roseville Lodge No. 1293, Loyal Order of Moose, Inc. and John Dickinson's (“Dickinson”) (collectively “Defendants”) motion for summary judgment, or in the alternative, summary adjudication is ruled upon as follows. Overview This is a persona...

Excerpt: ...sh Defendants' deposition subpoenas for business records regarding Plaintiff Sam Rios, Jr. is ruled upon as follows. This is an elder abuse action. Plaintiffs allege that Sam Rios Jr. ("Sam") was admitted to Pine Creek on 4/15/2017 in stable medical condition with intact skin. Plaintiffs allege that during his 14 day stay at Pine Creek, Sam developed bed sores that became infected, compromised his recovery from a hip fracture, destroyed h...

Excerpt: ...ca.gov . Defendant Allstate Insurance Co.'s demurrer to Plaintiffs Mark Giannini and Linda Giannini's (collectively “Plaintiffs”) second cause of action in their first amended complaint is SUSTAINED with leave to amend. Overview Plaintiffs own 8 properties. Allstate 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 ...

Excerpt: ...ants' prior demurrer to Plaintiff's Complaint. Overview On January 1, 2015, Plaintiff entered into a lease agreement with Defendants in which Plaintiff rented the premises located at 4720 Roosevelt Ave., #2, Sacramento 95820 in exchange for $725 per month. (FAC ¶7.) Plaintiff alleges that as of April 2018, numerous habitability defects arose on the premises, including, without limitation, severe mold and mildew contamination, insect infestations...

Excerpt: ...sed vocational nurse working at California Cosmetics, performing Botox injections under the supervision of Jeffrey Barczak, D.O. (FAC ¶9.) Defendant is an association that regulates the activities of Licensed Vocational Nurses, such as Plaintiff. (Id. ¶10.) Plaintiff alleges that on January 22, 2019, she received a cease and desist letter following an investigation by Defendant into the medical practice of California Cosmetics, citing Plaintiff...

Excerpt: ...to C.C.P., sec. 1005, as it was served by mail and not in a manner calculated to reach defendants the next business day. Defendants were able to file a reply fully responding to the opposition. (See, e.g. Carlton v. Quint (2000) 77 Cal.App.4th 690.) Thus, there appears no prejudice to Defendants. (See, e.g. Israni v. Superior Court (2001) 88 Cal.App.4th 621.) Overview On December 15, 2011, Plaintiff began working as a server at a Sizzler's restau...

Excerpt: ... Statement. (CRC Rule 3.1345.) This action arises from a pedestrian versus vehicle collision that occurred on January 21, 2018. Defendant, driving for Defendant Uber Technologies, Inc., stopped at a gas station. Plaintiffs allege that as they exited the vehicle, Defendant began driving, struck Plaintiffs, and fled the scene. Plaintiffs allege injuries as a result of the accident. In June 2019, Defendant issued 30 subpoenas for Plaintiffs' medical...

Excerpt: ...ation action. Defendants seek to strike (1) references to punitive damages, (2) references to “privileged communications,” and (3) a reference to California Labor Code section 218.5. Legal Standard Under section 436, the Court may “[s]trike out any irrelevant, false, or improper matter inserted in any pleading” as well as “all or part of any pleading not drawn or filed in conformity with the laws of this state.” (Code Civ. Proc, § 43...