Excerpt: ...Intentional Interference with Contractual Relations, Intentional Interference with Prospective Economic Relations, Breach of Duty of Loyalty, Breach of Duty of Care, Conversion, and Breach of Contract. Altahan and Co‐ defendant/Cross‐Complainant TUPS, Inc. ("TUPS") filed a cross‐complaint for Breach of Contract, Conversion, and Unjust Enrichment. The instant motion pertains to efforts by Altahan and TUPS to take the deposition of Banah, bot...

Excerpt: ...equest for Judicial Notice is unopposed and is granted. FACTS This dispute arises out of Thandi's agreements to purchase two commercial vehicles (used charter buses) in late 2015 and early 2016 from Advantage, to be financed by monthly installment payments. Advantage alleges in its Complaint that Thandi has defaulted on its promises to pay, and that Thandi's principal, Mr. Thandi, breached the personal guaranties he executed in connection with th...

Excerpt: ...'s ruling tentatively indicates that it will grant final approval of the class action settlement, subject to certain conditions, the Court must still hold a hearing on the motion as it may involve the receipt of evidence. Although the Court anticipates that no party will request oral argument, and while no class member indicated any intent to appear at the hearing, this does not relieve the parties from appearing at the hearing or otherwise rende...

Excerpt: ... to the extent that she is deaf. Her primary means of communication with others is American Sign Language (otherwise referred to as “ASL”). She obtained a homeowners insurance policy from Defendant CSAA Insurance Exchange (“CSAA”). On October 13, 2017, the property sustained severe water damage. She alleges that CSAA refused to provide her with an ASL interpreter to communicate with her. CSAA eventually hired a remediation and constructio...

Excerpt: ...rial was initially scheduled for 10/26/2020, but the court vacated the trial date due to the COVID‐19 pandemic. At the time Rai filed this motion, trial was set to commence on 4/26/2021, however, Rai had a motion to continue trial set for 4/6/2021. The Presiding Judge granted the motion to continue the trial. The trial is now scheduled for 6/14/2021. Rai moves to compel Plaintiff's attendance at deposition and an order allowing his deposition t...

Excerpt: ...videntiary Objections The Court does not rule on Defendant Powerglide Holdings, LLC's (“Defendant”) evidentiary objections since they concern evidence immaterial to the Court's decision on the motion. (Code Civ. Proc., § 437c, subd. (q).) Plaintiff's evidentiary objection No. 6 is overruled. The Court does not rule on the remainder of Plaintiff's evidentiary objections since they concern evidence immaterial to the Court's decision on the mot...

Excerpt: ...) and Austin Matulonis (“Matulonis”). Plaintiff alleges that Matulonis discriminated against and harassed Plaintiff due to her sex, gender and/or sexual orientation, as well as retaliated against her when she made complaints. Plaintiff alleges that Matulonis' harassment and discrimination against her first began in March 2016 until June 2017 when CHP transferred Plaintiff to a different position. By this motion, Plaintiff moves to compel CHP ...

Excerpt: ...nts New York Life Insurance Company and NYLife Securities, LLC's (collectively, “New York Life”) demurrer to plaintiffs Steven Hattendorf and Brandy Hattendorf's (collectively, “Plaintiffs”) First Amended Complaint (“FAC”) is SUSTAINED with leave to amend. Plaintiffs' request for judicial notice in support of their original moving papers is granted as to items 1 and 2. The request as to item 3, which is the California Department of In...

Excerpt: ...ranted. In taking judicial notice of these documents, the Court accepts the fact of their existence, not the truth of their contents. (See Professional Engineers v. Dept. of Transp. (1997) 15 Cal.4th 543, 590 (judicial notice of findings of fact does not mean that those findings are true); Steed v. Dept. of Consumer Affairs (2012) 204 Cal.App.4th 112, 120‐121.) Plaintiff filed this lemon law action on January 12, 2021, arising out of his purcha...

Excerpt: ...ant's office in September 2015. Defendant moves for summary judgment on the ground Plaintiffs cannot establish breach of the applicable standard of care and Defendant did not cause or contribute to Adrian's alleged injuries. 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 judgm...

Excerpt: ...‐site accident involving Plaintiff, Dean Robbins ("Plaintiff” or “Mr. Robbins”). On May 8, 2017, Plaintiff was injured while working on a construction project taking place in Elk Grove, California called the Echo Water Project (the "Project"). (UMF 2.) Plaintiff was a Senior Inspector and performed tasks as a welding inspector in May of 2017. (UMF 7) On May 8, 2017, when Plaintiff was being shown the Flatiron job site, he stepped into a h...

Excerpt: ...ts, LLC (“Crescent”) and 9750 Airport Management, LLC (“9750”) (collectively, “Defendants”). This is a coordinated action. On December 8, 2016, plaintiff Anatoli Romanov ("Plaintiff Romanov") filed a class action complaint entitled Anatoli Romanov v. Crescent Hotels & Resorts, LLC, et al., in the Sacramento County Superior Court, Case Number 34‐2016‐00204535 (the "Romanov Action"). The Romanov Action asserts the following causes o...

Excerpt: ...Local Rule 1.06. Moving counsel is directed to contact Plaintiffs' counsel and advise counsel 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 Plaintiffs' counsel prior to hearing, moving counsel is ordered to appear at the hearing via Zoom or by telephone. Plaintiffs' request for judicial notice of orders in other cases in federal district court actions and ...

Excerpt: ...ate of California (“Plaintiff”), Ferguson, Otto, and Luppen is in good faith is UNOPPOSED and GRANTED. This action involves allegations of construction defects and related damages to Office Building 10, which is owned by Plaintiff and located at 721 Capitol Mall in Sacramento, CA (hereinafter, the "Subject Property"). In November of 2005, Plaintiff entered into a written contract with general contractor, Otto, to renovate the Subject Property...

Excerpt: ...alez (“Plaintiff”) was an employee of M.F. Maher, Inc., a subcontractor hired by RGW. F&H was the general contractor hired for the design, construction, and completion of the project. Plaintiff filed his complaint on December 20, 2017, alleging negligence and premises liability against F&H. (ROA 1.) RGW was added as DOE 1 on April 9, 2018. (ROA 17.) F&H filed a Cross‐Complaint against RGW on February 15, 2018, alleging the following eight c...

Excerpt: ...egitimate business reason as alleged in its fifth affirmative defense; (2) an order requiring Dignity to serve Plaintiff with the iVOS reports it improperly withheld; (3) an order that at Dignity's expense Plaintiff's forensic expert be granted reasonable access to Dignity's system to search for all emails from January 1, 2019 through February 15, 2019 by and between Plaintiff, Tina Randolph, Cecilia Sandoval, Karen Buckley, Kathleen Stedman and ...

Excerpt: ...ndant. (Complaint, page 3.) Plaintiff alleges that "[d]ue to Mr. Cheema's intoxication level, he entered the freeway travelling in the wrong direction." Plaintiff further alleges that "[a]s a result, Mr. Cheema collided with the front of Mr. Mathews' vehicle" and that "Mr. Cheema was driving with a suspended license for a prior DUI charge." (Complaint, GN‐1, page 4.) Plaintiff seeks an award of punitive damages. Defendant moves to strike paragr...

Excerpt: ...cramento and pay Plaintiff $30,000, plus half the equity. A copy of the deed to the property attached to the Complaint shows that only Defendant is on title. (ROA 1.) Plaintiff recorded a Notice of Pendency of Action on June 8, 2020, Document No. 202006080156, and recorded a second Notice of Pendency of Action Pursuant to CCP § 405.20 on December 9, 2020, Document No. 202012090709. Plaintiff has not filed a copy of the first notice with the Cour...

Excerpt: ...ies Plaintiff alleges he sustained suffered when a lithium‐ion 18650 battery exploded in Plaintiff's pocket. Plaintiff alleges the subject battery was manufactured and placed into the stream of commerce by LG Chem Korea and ultimately sold to Plaintiff by Defendant Coloma Smoke Shack and placed into an “ecigarette.” Plaintiff brought suit against LGCAI based on it being a United States distributor of LG Chem, Ltd.'s lithium‐ion 18650 batt...

Excerpt: ...nue, Citrus Heights, CA 95610. (ROA 8.) Default and default judgment were then entered against Defendant on June 26, 2013. (ROAs 12, 13.) An Abstract of Judgment was entered on September 1, 2016. (ROA 18.) Defendant now moves to quash service of summons and set aside the default and default judgment entered against her on the grounds that she was not served with the Summons and Complaint. Defendant moves pursuant to various code sections, includi...

Excerpt: ...003326, and the complaint in this action is granted. In taking judicial notice of these documents, the court accepts the fact of their existence, not the truth of their contents. (See Professional Engineers v. Dep't of Transp. (1997) 15 Cal.4th 543, 590 [judicial notice of findings of fact does not mean that those findings of fact are true]; Steed v. Department of Consumer Affairs (2012) 204 Cal.App.4th 112, 120‐121 [“[W]hile the existence of...

Excerpt: ...tionally misled to believe the bedding was 20% off. Plaintiff filed his original Complaint on November 2, 2020. (ROA 1.) Defendant moved to strike certain portions of the Complaint, including Plaintiff's claims for punitive damages. On February 2, 2021, the Court granted with leave to amend Defendant's motion to strike as to punitive damages on the ground the allegations were conclusory and insufficient to support such a claim; the remainder of t...

Excerpt: .... A default judgment for nearly $44,000 plus costs was entered against both defendants on 8/29/2018. About a year later, plaintiff applied for an order to examine the two debtors and this examination occurred on 9/13/2019. Several months later the two defendants filed on 12/31/2019 a motion to set aside default and default judgment, which was set to be heard on 1/30/2020. This motion sought relief pursuant to Code of Civil Procedure §473(b) on t...

Excerpt: ...the specific discovery requests that will be addressed at the hearing. The parties are also reminded that pursuant to local rules, only limited oral argument is permitted on law and motion matters. *** 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 department for the hearing on this motion. Moving counsel is directed to contact opposing counsel ...

Excerpt: ...posing counsel at the time of the request which of moving party's 41 Undisputed Material Facts, which of opposing party's 37 Additional Material Facts and/or which objections to evidence 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. *** Moving counsel failed to comply with CRC Rule 3.1350(g), which req...