Excerpt: ...y of the specific document 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. *** Factual Background This action arises from a motor vehicle accident involving two semi‐trucks in April 2017. Plaintiff's complaint alleges a single cause of action against defendant Rai and defendant Dharminder but the latter was voluntarily ...

Excerpt: ...es of action that 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. *** Factual Background In March 2019 District issued Request for Proposal 19:04 (“RFP”) which sought written proposals for providing District with “Advanced Life Support Ambulance Services” for a period of three years. The RFP states that the “start date for the re...

Excerpt: ... Chima's Towing gifted to Harmit Chima, the Toyota Solara that she was driving during the accident, but that because Chimas Towing botched the lien sale of the Solara, the previous owner, Sydney Paige Hetfeld, not Harmit Chima, still owned the vehicle. Plaintiff seeks a declaration that the 2012 lien sale was defective, a declaration that Sydney Paige Hetfeld still owns the vehicle and a declaration that Chima's Towing was borrowing the vehicle a...

Excerpt: ...in a loan from a lender in the amount of $500,000, $2,000 was to be paid to at the opening of escrow, and Plaintiff would pay the remaining $123,000 at close of escrow. Plaintiff alleges that at the time the Parties entered the agreement, the property was reasonably worth $636,000, “so that the agreement was fair, just, and reasonable” and that the “consideration being paid to Defendant [was] adequate.” (Compl. ¶ 12.) Plaintiff alleges t...

Excerpt: ...nd Harrington Declaration, submitted in conjunction with Plaintiff's Reply, is sustained. Plaintiff did not file objections to evidence. FACTS Plaintiff was formerly an employee of a chain of care homes in the Sacramento area, owned by Defendant Haven Valley Care, Inc., providing care giving services to disabled clients of the homes. Plaintiff filed claims for unpaid wages with the Labor Commissioner. On February 17, 2019, following a full day he...

Excerpt: ...g counsel prior to the hearing, Plaintiff's counsel shall be available at the hearing, by Zoom as stated in the introductory NOTICE to today's Tentative Rulings, in the event opposing counsel appears without following the procedures set forth in Local Rule 1.06(B). Plaintiff's motion for sanctions under Code of Civil Procedure (“CCP”) sections 1281.97 and 1281.99 is DENIED as follows. The Court declines to rule on Defendant Elk Grove Auto Gro...

Excerpt: ...to compensate Service Master for those services. Defendant alleges that Plaintiff failed to provide compensation for services under the terms of the contract. On May 27, 2020, ServiceMaster filed its Complaint in this Court (Case No. 34‐2020‐ 00280436) against Watts. The Complaint alleged causes of action for breach of written contract, open book, and account stated. Watts was personally served with the Summons and Complaint on July 13, 2020,...

Excerpt: ...'s counsel is unable to contact opposing counsel prior to the hearing, Admiral's counsel shall be available at the hearing, by Zoom as stated in the introductory NOTICE to today's Tentative Rulings, in the event opposing counsel appears without following the procedures set forth in Local Rule 1.06(B). Admiral's demurrer to Plaintiff Clayco, Inc., dba Clayco Construction Company, Inc.'s (“Clayco”) Complaint is OVERRULED as follows. The parties...

Excerpt: ... purchase and subsequent use of a Shiatsu Massage Pillow, which is alleged to have caused a variety of injuries to plaintiff. The 1AC purports to assert causes of action for Negligence, “Strict Products Liability,” and “Fraud.” Defendant now demurs only to the final cause of action for “Fraud” on the ground it fails to plead sufficient facts. In particular, defendant contends that this cause of action consists solely of impermissible ...

Excerpt: ...n Sells, Sr., Kristen Sells, and Samuel Delavallade (collectively, “Plaintiffs”) filed a statement of non‐ opposition. This action concerns alleged medical negligence involving the alleged negligent care and treatment received by plaintiff Kristen Sells during the labor and delivery of Kash Sincere Delavallade from Dr. Kopf and other defendants. Dr. Kopf moves for summary judgment on the ground Plaintiffs cannot establish breach of the appl...

Excerpt: ...t 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 Ramos Oil (erroneously sued as PacWest Tank Lines, LLC) and Brian Hampton's (“Hampton”)(collectively “Defendants”) motion for summary judgment, or in the alternative summary adjudication, is ruled upon as follows. Overview This is personal injury action...

Excerpt: ...music, food vendors, and samples of local beer and wine. At the event a large tree limb fell on plaintiff Steven Bralley (“Plaintiff”) when he was sitting under a large Valley Oak, which caused him to sustain injuries and rendered him a paraplegic. Plaintiff and his wife, Dana Bralley (collectively, “Plaintiffs”) filed their Complaint on June 27, 2019, against Gordon, the organizer of the event, Cosumnes Community Services District (“CC...

Excerpt: .... *** Plaintiff Lauren Sanders' (“Plaintiff”) motion to compel Defendant GHC of SACSNF,LLC dba Gramercy Court's (“Gramercy Court”) further responses to request for production of documents is ruled upon as follows. This is an elder abuse, medical negligence and wrongful death action. Plaintiff Lauren Sanders suing in her individual capacity, as well as successor‐in‐interest to decedent Louise Chappell (“Decedent”). Plaintiff allege...

Excerpt: ...ado 1500, VIN 3GCUKREC2GG334281 (the “Vehicle”). Plaintiff served GM with Form Interrogatories, Set One, on October 16, 2020. (Matera Decl. Exh. 1.) GM served unverified responses on November 4, 2020. (Matera Decl. Exh. 2.) Documents were later produced on December 4, 2020. (Matera Decl. Exh. 3.) Verifications followed on December 31, 2020. (Matera Decl. Exh. 4.) On February 9, 2021, Plaintiffs asked GM for an extension to the motion to compe...

Excerpt: .... The Solano County Action Plaintiff Reveille Farms, LP (“Plaintiff”) operates a working farm in Dixon, California. In October of 2017, it contracted with Michel Labor Services (“MLS”) for field and farm labor. According to the First Amended Complaint (“FAC”) filed in the Solano County Action, Plaintiff never participated in the hiring, selection, or firing of field and farm laborers and paid MLS for the cost of labor plus profit for ...

Excerpt: .... Dep't of Transp. (1997) 15 Cal.4th 543, 590; Steed v. Department of Consumer Affairs (2012) 204 Cal.App.4th 112, 120‐121.) Vibra Hospital fails to comply with CRC Rule 3.1110(f)(3) which requires that each paper exhibit must be separated by a hard 8 ½” x 11” sheet with hard paper or plastic tabs extending below the bottom of the page, bearing the exhibit designation. I. Overview This is an action for Declaratory Relief, Unfair Business P...

Excerpt: ...d his automobile insurance carrier, GEICO. The action arises out of a November 16, 2017, rear‐end collision that caused neck, back, and left arm injuries to Ellis. The matter was referred to arbitration pursuant to Ellis' automobile policy with GEICO. The arbitration evidentiary hearing is scheduled for May 6, 2021. (Sandhu Decl. ¶ 2.) The only issue to be determined at arbitration is the nature and extent of Ellis' physical injuries. On Decem...

Excerpt: ...m, California (the “Inn”). Plaintiff alleges that in 2007, it entered into a written construction contract with Poelman Construction, Inc. (“Poelman”) to build the Inn. (First Am. Compl. (“FAC”) ¶ 12.) Poelman subcontracted with DTS Mechanical, Inc. (“DTS”), an HVAC installation contractor. (FAC ¶ 14.) DTS installed a Daikin VRV‐II system (“VRV‐II” or “HVAC System”) that was supplied by Norman S. Wright Mechanical Eq...

Excerpt: ...). Plaintiff's and Defendants' requests for judicial notice are unopposed and granted. Background This action arises out of a dispute over the Fong family businesses and the decedent Samuel B. Fong's (“Decedent”) personal estate. Defendant Jason Yet Ying Fong (“Jason”) is the Decedent's son and the Executor of his Estate, as appointed by the Sacramento County Superior Court in Case No. 34‐ 2018‐00244649 (the “Probate Action”). (TA...

Excerpt: ...rison psychiatrist. Plaintiff is no longer incarcerated. He was released from Solano State Prison in February 2021. Plaintiff, in pro per, filed the Complaint on June 17, 2019. The Complaint alleged two causes of action for negligence and intentional tort. Defendant demurred to the Complaint, which was sustained with leave to amend on December 18, 2019. Plaintiff filed a First Amended Complaint (“FAC”) on December 20, 2019, which again allege...

Excerpt: ...Civil Code § 51 (civil rights of persons in business establishments); (2) Civil Code § 51.7 (Ralph Civil Rights Act); (3) conversion; (4) intentional infliction of emotional distress; (5) consumer legal remedies act; and (6) injunctive relief. Plaintiff's complaint alleges that Best Buy discriminated and threatened violence against him due to his race (African American), ethnicity and/or national origin (Nigerian) when he attempted to exchange ...

Excerpt: ...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. Defendant shall notify Plaintiff immediately. On November 30, 2020, Plaintiff served Request for Production of Documents, Set One, and Special Interrogatories, Set One, on Defendant's attorneys via email. (Bocanegra Decl. ¶ 6.) Responses were due on January 4, ...

Excerpt: ...iff filed what was labeled an opposition, but which suggested the most efficient means of addressing the issues presented by defendant is to simply sustain the demurrer with leave to amend within 20 days. Accordingly, the Court construed Plaintiff's opposition as effectively conceding the merits of the arguments advanced by Defendant and sustained the demurrer with leave to amend. Plaintiff filed the FAC on October 21, 2020, alleging the followin...

Excerpt: ... shortly before entering into the purchase agreement with Defendant Elk Grove Auto Group, Inc. dba Elk Grove Dodge Chrysler Jeep (“Defendant”). Wheat's complaint asserts causes of action for Financial Elder Abuse, Violation of Consumer Legal Remedies Act, Unfair Competition, Undue Influence, Civil Code §3345, Penal Code violations and Conversion. He seeks monetary damages as well as rescission of the purchase agreement. On 8/20/2020, the cou...

Excerpt: ...** Plaintiff Michael Giambona's motion to compel Defendant Zyllion, Inc.s' further responses to form and special interrogatories is ruled upon as follows. This is a products liability action in which Plaintiff was injured by Defendant's ZMA 13BK Shiatsu Massage Pillow. Plaintiff alleges that he suffered a stroke and other injuries due to the product's design and manufacturing defects, and failure to warn. At issue are Form Interrogatory 12.5 and ...