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 Daikin North America, LLC (“Daikin NA”) and DACA Delaware Dissolution Trust's (“DACA”) (collectively “Daikin Defendants”) motion for summary judgment, or in the alternative, summary adjudication is ruled upon as follows. I. Overview This ...

Excerpt: ...tted on law and motion matters. *** Defendant County of Sacramento's (erroneously sued as the Sacramento County Sherriff's Department) demurrer to Plaintiff Jeffrey Bacoch's first amended complaint (“FAC”) is ruled upon as follows. Overview This is a FEHA gender/sex discrimination, harassment, and retaliation action. Plaintiff alleges that he was been employed with Defendant for over 25 years as an academy Training Officer, Field Training Off...

Excerpt: ...ction of consumer debt in the amount of $34,632.11. Plaintiff filed this lawsuit on March 13, 2019. On January 26, 2021, the Parties met for a Mandatory Settlement Conference (MSC) in Department 59. Following the MSC, the Court entered a Minute Order reflecting that a Stipulation for Settlement was or would be filed. (ROA 25.) The Parties agree that, among the terms of the settlement, were that Defendants were required to pay Plaintiff $18,000 ov...

Excerpt: ...ch's obligation was guaranteed by Defendant Sharmilla Patil. Defendant Patil filed an Answer to the Complaint on June 12, 2020. Defendant Patil's answer to that complaint, filed June 12, 2020, comprises a general denial with sixteen affirmative defenses. On August 20, 2020, Plaintiff served special interrogatories on Defendant. Defendant failed to respond to the discovery requests. Having failed to obtain responses to the discovery requests, NCSS...

Excerpt: ...erative pleadings, currently set for hearing on June 10, 2021.) Plaintiff David Steward alleges that at some point in 2002, Defendant Bickford contacted him and the two together ultimately developed a multi‐company business strategy in which Plaintiff focused on technology marketing, commercialization and financing; and Defendant focused on technology software development. (SAC ¶ 16.) The two formed a joint venture, by which they established t...

Excerpt: ... or the “Schaffs”). The Schaffs hired C. Piata Construction to remodel their home. A “Home Improvement Contract” (the “Contract”) was signed by Meredith Schaff and Craig Piatenesi. Jeff Schaff did not sign the Contract. Craig Piatenesi signed section 33, Arbitration of Disputes, but neither Meredith nor Jeff signed or initialed the arbitration section. (Petition Exh. A.) In or about August of 2019, during the course of the home improv...

Excerpt: ..., Jerry Fong, and Art Fong (collectively, the “Fong Siblings”) request for judicial notice is granted. Mr. Fong moves the Court for leave to file his Petition for Order Confirming Trust Assets; for Order Authorizing and Directing the Transfer of Trust Property to Trustee; and for Double Damages under Probate Code § 859 (the “Cross‐ Petition”) as a CrossComplaint against the Fong Siblings and the Lily Company, not a party to this action...

Excerpt: ...ntative ruling system and to be available at the hearing, in person or by telephone, in the event the opposing counsel appears without following the procedures set forth in Local Rule 1.06(B). FCA has also indicated the incorrect address in its notice of motion. The correct address for Department 53 of the Sacramento County Superior Court is 813 6th Street, Sacramento, California 95814. FCA shall notify Plaintiff immediately. In this lemon law ac...

Excerpt: ...e is granted as to items 1 and 2. The request as to item 3, which is the California Department of Insurance's Life Insurance and Annuities Guide as issued online, is granted to the extent that the Court takes judicial notice of the website's existence. However, the Court does not accept the contents of the website as true. (Ragland v. U.S. Bank National Assn. (2012) 209 Cal.App.4th 182, 194.) Plaintiffs filed their Complaint on December 31, 2018,...

Excerpt: ...s. *** Defendant Hyundai Motor America's (“HMA”) demurrer to Plaintiff Viacheslav Elikov's first amended complaint (“FAC”) is ruled upon as follows. Overview Plaintiff alleges that HMA is or was the manufacturer and/or distributor of the Vehicle that is the subject of this litigation. (FAC, ¶ 5.) Plaintiff alleges that HMA runs and advertises a certification program in which its used vehicles are certified by HMAauthorized retailers as b...

Excerpt: ...t‐and‐confer process in person or by telephone, as required by Code of Civil Procedure §430.41(a). Having received the requisite meet‐and‐confer declaration, the Court now issues the following tentative ruling. *** If oral argument is requested, the parties must at the time oral argument is requested notify the clerk and opposing party of the specific causes of action that will be addressed at the hearing. The parties are also reminded t...

Excerpt: ...nt Provident Savings Bank's (“PSB”) demurrer to Plaintiff Daniella Gusella's complaint is ruled upon as follows. Overview This is a non‐judicial foreclosure, Homeowners' Bill of Rights (“HBOR”) action. Plaintiff alleges that on 2/27/2004, Frank and Cynthia Aubrey obtained a mortgage in the amount of $540,000 from Countrywide Home Loans, Inc. (“Countrywide”) for the property. (Complaint, ¶ 11.) The mortgage was secured by a Deed of ...

Excerpt: ...Plaintiff's motion to compel Defendant FCA US, LLC's further responses Request for Admissions is ruled upon as follows. This is a lemon law action. Plaintiff alleges that on February 22, 2014, she purchased a vehicle from defendant. The vehicle began experiencing defects. Plaintiff delivered her vehicle to an authorized repair facility on 9 occasions, but the defects were never repaired. Plaintiff filed this action on 7/27/2020. Plaintiff moves t...

Excerpt: ...rt, Rule 2.104. The font sized used for Plaintiff's opposition brief was less than the required 12 point minimum. Had the proper font size been used, the length of the opposition would have exceeded the 20 pages maximum. Evidentiary Objections Pursuant to Code of Civil procedure section 437c, subdivision (q), the Court only rules on the objections to evidence deemed material to its disposition of the motion. Sutter's evidentiary objections are ru...

Excerpt: ...ired by Local Rule 1.06(D), the notice does not comply with that rule. Moving counsel is directed to review the Local Rules. Plaintiff/judgment creditor SMUD contends that as a result of its legal counsel's mistake, inadvertence and excusable neglect, it failed to timely file its application pursuant to Code of Civil Procedure §683.120 to renew the lump sum money judgment it obtained against defendant Tucker back on 6/14/2010. Specifically, plai...

Excerpt: ...counsel and advise 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. Plaintiff's opposition fails to comply with CRC Rule 3.1113(f). Overview This is a personal injury action arising from a motor vehicle accident. Defen...

Excerpt: ...matters. *** Defendant Ridge Elk Grove LP's (“REG”) motion to compel plaintiff in pro per Ireana Price's (“Ireana”) further responses to Requests for Production of Documents, Set One, is ruled on as follows. The Court did not consider Ireana's "Reply to Defendants' Reply to Plaintiff's Opposition" since such a document is not permitted by the Code of Civil Procedure. Factual Background This action was commenced on 1/24/2019 when the Law O...

Excerpt: ... 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 Plaintiff TW is a 13‐year‐old, 80 pound bi‐racial (African‐American and Caucasian) male student with epilepsy. The 1AC generally alleges that District committed a variety of wrongdoing: ∙ Failed to properly assess plaintiff for necessary accommodations f...

Excerpt: ...m Marine Industries, Inc's (“Bellingham”) motion for a determination of good faith settlement is GRANTED. Evidentiary Objections Bellingham and Wayne Maples Plumbing & Heating, Inc. (“Wayne Maples”) filed evidentiary objections in connection with the motion. The Court need not reach any of the evidentiary objections because the subject evidence is immaterial to the Court's decision on the motion. The Court's decision on the motion is the ...

Excerpt: ... (the “LWDA”). The LWDA letter is not the proper subject of judicial notice. Plaintiff Darrayzha Moten's (“Moten”) request for judicial notice is unopposed and 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 o...

Excerpt: ...�), disposed of the action against Joanne Suavillo as an individual. As the court explained in its request for supplemental briefing, “[t]he fact that Joanne was alleged to conduct business under a fictitious business name did not create a different person or entity.” (1/26/2021 Order.) The court has reviewed the parties' supplemental briefs. Defendant Joanne Suavillo dba Wandering Boba's supplemental brief did not address the issues requeste...

Excerpt: ...rn California, Woodside Homes Company LLC and Does 1 through 10. Plaintiff alleged that defendants were her employer. Adkison further alleges that she was terminated from her job as a salesperson “in retaliation for opposing a sexual harassment investigation of her supervisor where she was purportedly the alleged victim being harassed, which she denied.” According to the FAC, Adkison wasn't paid pending commissions when she was terminated, gi...

Excerpt: ...and his brother, Defendant Timothy Poole (“Tim”). Plaintiff and Tim are the sole shareholders of Dome, a longtime family printing business. (Pl.'s Decl. ISO Mot. ¶¶ 1, 2.) In December 2018, Plaintiff, Dome, and Tim were all sued in Orange County Superior Court in an employment law matter, captioned Keena v. Merlitz Incorporated dba DOME Printing, et al., Case No. 30‐2018‐01039117 (the “Keena matter”). The Keena matter involved vario...

Excerpt: ... between Plaintiff and Defendant Sidney Leung. The Second Amended Complaint asserts two causes of action against CSAA for (1) rescission (second cause of action) and (2) unfair and deceptive business practices, Bus. & Prof. Code §§ 17200 et seq. (third cause of action). As to CSAA, Plaintiff alleges that in June 2018, she entered into a settlement agreement with CSAA for $300 in exchange for a release of defendants Sidney Leung, Daman Leung, an...

Excerpt: ...n are overruled. Overview The following factual and procedural overview is found at pages 950‐952 of the Court of Appeal's opinion in Coley v. Eskaton (2020) 51 Cal.App.5th 943. “In November of 2014, Coley and another . . . homeowner, Karen B. Lorini, filed a class action against [Eskaton, Eskaton Village‐Grass Valley (Eskaton Village), and Eskaton Properties Inc. (collectively, the Eskaton entities)], Murch, Donovan, and, as a nominal defe...