Excerpt: ...ttorney's fees and cost incurred in bringing the special motion to strike as to the fraud and IIED claims only. Defendants seek an award of $26,610 in attorney's fees and $1,250 in costs incurred in preparing the underlying anti‐SLAPP motion (only as to the two causes of action upon which they succeeded) and this instant motion for fees and costs. A prevailing defendant on an anti‐SLAPP motion is entitled to recover his or her attorneys' fees...

Excerpt: ...nty Superior Court Case No. 2015‐183885 (the "Underlying Action"). In the Underlying Action, multiple homeowners are proceeding against Plaintiff, the developer/general contractor on the project. In the instant case, Plaintiff alleges the homeowners' claims are predicated on defects for which various subcontractors are responsible. Plaintiff further alleges that it is an additional insured under its subcontractors' general liabi...

Excerpt: ...aintiff's own counsel, who was to start a trial on the date the deposition was to proceed. Plaintiff's counsel apparently did not notify crossdefendant's counsel of the cancellation. This court finds that before beginning the drive from Loomis to Pleasant Hill, counsel for cross‐defendant should himself have contacted counsel for either defendant or plaintiff to confirm whether plaintiff's deposition was still proceeding as sche...

Excerpt: ...s. Moving counsel failed to comply with CRC Rule 3.1110(b)(3)‐(4). The Court notes that defendant in pro per Lulka filed no opposition to the present motion, which is construed as a concession of its merits. Coupled with the fact that the court on 6/14/2018 deemed admitted those matters specified in plaintiff's requests for admissions, this court concludes that the striking of defendant Lulka's answer to complaint will not under the circumstanc...

Excerpt: ... point to specific evidence which is claimed to show the existence or non‐existence of a triable issue of material fact. *** Defendant Martin Energy Group Services, LLC's (“MEGS”) motion for summary judgment, or in the alternative, summary adjudication is ruled upon as follows. Overview This action arises from the construction of an electrical power and cogeneration facility for plaintiff Elk Grove Milling, Inc. (“Elk Grove”). Elk Grove...

Excerpt: ...case arises indirectly from a dispute between a national fraternal organization (“National Grange”) and individuals formerly operating its subordinate, constituent unit in the State Grange. On April 5, 2013, the National Grange revoked the State Grange's charter and restored it, under new leadership, in July 2014. The revoked State Grange has changed its name to “The California Guild.” (“Guild”). Considerable litigation ensued bef...

Excerpt: ...vehicle accident which resulted in the death of two people, Jason Christopher Keating and Judy Ann Townsend. The latter's adult children and heirs commenced on 5/1/2017 this wrongful death action against the “Estate of Jason Christopher Keating” and the employer of Mr. Keating, PDQ Automatic Transmission Parts, Inc. Plaintiffs filed on 7/27/2017 a proof of service indicating that the “Estate of Jason Christopher Keating” was served by del...

Excerpt: ...r cross‐complaint, Grigsby alleges that they entered into independent contractor agreements with cross‐defendants Alfiya Laub ("Laub") and Adelia A. Bogdanova ("Bogdanova"). The agreements included a non‐solicitation agreement in the event the agreements were terminated. The agreements also included confidentiality clauses. Grigsby alleges that Laub and Bogdanova terminated the agreements and began working for Di Paolo. Grig...

Excerpt: ...strict (District) would be require to produce to testify on these categories. Although counsel are required to appear at the hearing (either in person or by telephone), if either side wishes to argue matters other than those identified in the preceding paragraph, (s)he shall request such additional oral argument pursuant to Local Rule 1.06 and inform the court and opposing counsel of the specific issue(s) on which oral argument is sought. * * * *...

Excerpt: ... was Lagoe's employer's workers' compensation insurance carrier and provided benefits to Lagoe after the accident. In 2008, Lagoe underwent hip‐replacement surgery related to the accident. He subsequently sued nonparties for damages arising from the hip replacement (the “Lawsuit”). At that point, AAIC's claims administrator filed a notice and application for lien. Tristar acquired the claims administrator in 2012. In 2017, Lagoe settled the...

Excerpt: ...he exhibit, title, page, and line numbers.” (Underline added for emphasis.) Moving counsel failed to comply with CRC Rule 3.1350(g), requiring a single volume of evidence (including all declarations) with a table of contents when evidence exceeds 25 pages. Moving counsel failed to comply with CRC Rule 3.1110(b)(3)‐ (4). This action arises out of the shooting of plaintiff's son during a 2015 confrontation with police. Plaintiff alleges causes ...

Excerpt: ...or judgment on the pleadings as to the complaint of plaintiffs in pro per Singh is GRANTED but with leave to amend, as follows. Factual Background According to the complaint, plaintiffs in pro per were unable to qualify for a home loan due to their low credit scores and therefore asked for help from “their beloved nephew,” defendant Kumar. Defendant agreed to help, obtaining in 2014 a loan to purchase property in Galt which plaintiffs would u...

Excerpt: ...sonnel Board's (SPB) Decision Approving Stipulation for Settlement dated 9/13/16 is GRANTED. In taking judicial notice, the court accepts the existence of the document and the existence of its contents. Plaintiff Gabriel Santos (Santos) alleges that after graduating from a California Commission on Peace Officer Standards and Training (POST) academy in 2011, he became a peace officer. Santos served Cal Fire between 2011 and 2016. In 2015, Cal Fire...

Excerpt: ...** Defendant Roman Catholic Bishop of Sacramento's (“Bishop”) demurrer to plaintiff's First Amended Complaint (“1AC”) is SUSTAINED, with and without leave to amend, as follows. The opposition and reply papers failed to comply with CRC Rule 3.1110(b)(1), (3) and (4). Factual Background This 2017 action arises out of defendant Martis' sexual abuse of plaintiff who was at the time a student at St. Francis Catholic High School (“SFHS”), a...

Excerpt: ...e and/or dismiss all named Respondents and Real Parties in Interest. On 12/8/2017, Petitioner filed an Amended Ex Parte Writ of Mandate/Prohibition, Amended Petition for Injunctive/Declaratory Relief with Memorandum of Points and Authorities in support of Writ of Mandate/Prohibition; Amended Civil Case Cover Sheet; Amended Notice, and Amended Forma Pauperis Declaration (collectively referred to as "Amended Petition"). On 5/19/2017, Judge ...

Excerpt: ...nk's demurrer to the complaint, which contained causes of action for wrongful foreclosure, violation of B&P Code § 17200, violation of CC § 2923.6 [dual tracking], and violation of 12 USC § 2605 et seq. [federal lending disclosure requirements]. The court concluded, among other things, that Markevich had failed to establish her standing, has failed to establish wrongful assignments, and had failed to allege tender of the debt. (See Order of 8/...

Excerpt: ...any party requests oral argument, then at the time the request is made, the requesting party shall inform the court and opposing counsel of the specific cause(s) of action or issue(s) on which oral argument is sought. ** The demurrer of Defendant Department of Alcohol Beverage Control (ABC) and Sunshine Garside (Garside) (collectively “Defendants”) is SUSTAINED in part and OVERRULED in part. Plaintiff Heather C. Hoganson's (Hoganson) requ...

Excerpt: ...n part and DENIED in part. FIS' request for judicial notice of official records referenced in Plaintiff and CrossDefendant Ocwen Loan Servicing, LLC's (Ocwen) complaint in this case is GRANTED. The court does not accept the truth of factual findings in these records. (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. Departme...

Excerpt: ...is permitted on law and motion matters. *** Plaintiffs' motion to compel the deposition of defendant's Person(s) Most Qualified (“PMQ”) and production of documents is DENIED, as follows. The moving papers fail to comply with CRC Rule 3.1110(b)(4) and Rule 3.1113(d)‐(e). The opposition was not timely filed or served but it was nevertheless considered. Factual Background This is a lemon law case relating to a 2010 Chrysler Town and Country mi...

Excerpt: ...to comply with CRC Rule 3.1110(b)(3)‐(4). Factual Background This is a consolidated action. In its complaint VTL alleges that it hired BBC to perform a renovation of an 80‐unit apartment complex owned by VTL in Carmichael. A dispute between the parties arose and resulted in BBC recording a mechanics lien in the amount of $483,405. VTL filed an action for declaratory relief, breach of contract and fraud. VTL promptly filed a motion to remove B...

Excerpt: ...by Local Rule 1.06. Moving counsel is directed to contact opposing counsel and advise him/her 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 opposing counsel prior to hearing, moving counsel is ordered to appear at the hearing in person or by telephone. The response filed by plaintiff on 7/12/2018 was not timely filed and served in accordance with Code of C...

Excerpt: ...niform set of construction standards (Civ. Code § 896), and permits claimants to "make a claim for a violation of standards" by alleging that the "home does not meet the applicable standard." (Civ. Code, sec. 942.) Further, SB800 provides builders with an absolute right to investigate (Civ. Code, sec. 916(a), (c)), repair (Civ. Code § 918), or compromise (Civ. Code § 929(a)) any claimed violation of SB800's standards. Claim...

Excerpt: ...in good faith. Raley's requests for judicial notice of court documents are GRANTED. One of the judicially noticeable documents Raley's tenders is this court's order denying the motion for summary judgment (MSJ) brought by Defendant and settling party Dignity Health dba Mercy San Juan Medical Center (Dignity Health). On its own motion, the court takes judicial notice of the moving, opposing and reply papers filed in connection with the MSJ. This i...

Excerpt: ... 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 in person or by telephone. Factual Background This action arises from the implantation and alleged failure of a medical device called the Celect® Vena Cava Filter, whic...

Excerpt: ...tters. *** Defendant McClatchy Newspapers, Inc.'s motion for summary judgment or summary adjudication is ruled upon as follows. Judge Krueger discloses that he has been a continuous subscriber to the Sacramento Bee since approximately 1995. He also served as an intern reporter in McClatchy Newspapers' Washington, D.C. bureau while in college. Judge Krueger does not believe that there is any basis for him to be disqualified from hearing this case....

Excerpt: ...llectively “Defendants”) to the third amended complaint (TAC) is OVERRULED. The court disregards evidence submitted with the parties' papers. The court may not consider evidence on demurrer. Moreover, assuming any part of the evidence is subject to judicial notice, there is no request for judicial notice before the court. Overview This case presents a business dispute. The plaintiff is Patricia Blank (Blank). Blank alleges that Mitchell induc...

Excerpt: ...llectively “Defendants”) to the third amended complaint (TAC) is OVERRULED. The court disregards evidence submitted with the parties' papers. The court may not consider evidence on demurrer. Moreover, assuming any part of the evidence is subject to judicial notice, there is no request for judicial notice before the court. Overview This case presents a business dispute. The plaintiff is Patricia Blank (Blank). Blank alleges that Mitchell induc...

Excerpt: ...s. *** Defendants Life Generations Healthcare, LLC; Thomas Olds, Jr.; and GHC of SACSNF, LLC's (collectively “Defendants”) demurrer to the Second Amended Complaint (“2AC”) is SUSTAINED but with leave to amend, as follows. Factual Background This action arises from the care rendered to Evelyn Gurion from July 2014 through September 2014, when she died on 9/9/2014. This lawsuit was commenced on 9/9/2015 and the 2AC filed on 9/7/2017 purport...

Excerpt: ...Bank (“USB”), Fay Servicing, LLC and Attorney Lender Services, Inc.'s (collectively “Defendants”) demurrer to plaintiff's complaint is SUSTAINED but with leave to amend, as follows. Although the notice of demurrer 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 1/1/2018. Factual Background Co...

Excerpt: ... Procedure section 2033.300(a). “The court may permit withdrawal or amendment of an admission only if it determines that the admission was the result of mistake, inadvertence, or excusable neglect, and that the party who obtained the admission will not be substantially prejudiced in maintaining that party's action or defense on the merits.” (Code Civ. Proc. § 2033.300 (b).) This provision applies to admissions expressly made by a party as we...

Excerpt: ...rked at Sutter facilities at the relevant time periods in questions and Plaintiff alleges that the unlawful access to her medical records occurred as a result of his employment while they were legally separated and after their divorce. Plaintiff alleges that she has experienced significant loss of privacy and emotional distress as a result of Defendant Taggard accessing private information in her medical records. Defendant Taggard contends that i...

Excerpt: ...oes not provide notice of the court's tentative ruling system, as required by Local Rule 1.06(D). Counsel for moving party is directed to contact counsel for opposing party forthwith and advise counsel of Local Rule 1.06 and the court's tentative ruling procedure. If counsel for moving part is unable to contact counsel for the opposing party prior to the hearing, counsel for the moving party shall be available at the hearing, in person or by tele...

Excerpt: ...tective Order. Plaintiff avers that he was entirely unaware of this lawsuit and denies that he was ever served with operative First Amended Complaint or any other pleading or document in this lawsuit until he received two deposition notices. Upon further inquiry, he learned that co‐Defendant Marjorie Snoke (aka Marjorie Covert) had forged his name on these pleadings. According to moving Defendant, on June 22, 2018, at the schedule hearing regar...

Excerpt: ...0(c) as a result of Plaintiff's failure to comply with this Court's June 11, 2018 order. The June 11 order compelled Plaintiff to provide verified responses without objections to Defendant's Form Interrogatories, Set One; Special Interrogatories, Set One; and Request for Production of Documents, Set One by June 21, 2018. Defendant had not received responses as of the date of the filing of the motion. Defendant seeks monetary sanctions in the amou...

Excerpt: ...ate of April 19, 2018. On March 29, 2018, Plaintiff filed an ex parte application to continue the summary judgment hearing on the grounds that postponement was warranted to “allow for the hearing of [Plaintiff's] pending discovery Motions and further Motions … to be filed in the near future based on [Defendants] serving Responses to discovery that consisted of frivolous boiler‐plate objections with no substantive responses and no production...

Excerpt: ...t to specific evidence which is claimed to show the existence or non‐existence of a triable issue of material fact. *** The court notes that both defendants and plaintiffs filed in connection with this motion a number of the decedent's medical records, all of which are now viewable by the public via the court's CCMS system. All counsel are reminded that the court's new CCMS system allows the public to electronically access and view all pleading...

Excerpt: ...intiff Matin and defendant Lundgren. According to the complaint, defendant Lundgren owned and operated as sole proprietorship a business known as “Mr. Motorhome” through early 2011, when he met plaintiff Matin and allegedly urged her to quit her salaried job to become co‐owner/co‐manager of the Mr. Motorhome business in Elk Grove. Plaintiff states she relied on defendant Lundgren's representations and in late 2012 began working at the Mr....

Excerpt: ...n law and motion matters. *** Plaintiff's motion to compel the deposition of defendant's Person(s) Most Qualified (“PMQ”) and production of documents is ruled on as follows. Defendant's counsel failed to comply with CRC Rule 3.1110(b)(4). Factual Background This is a lemon law case relating to a 2014 Jeep Grand Cherokee purchased in Texas. The complaint asserts causes of action under California's Song‐Beverly Consumer Warranty Act and the f...

Excerpt: ...ication for preliminary injunction prohibiting the foreclosure sale of their property is DENIED because they have failed to establish they have reasonable probability of prevailing on any of the causes of action alleged in their complaint. Defendant's counsel failed to comply with CRC Rule 3.1110(b)(3)‐(4). Factual Background This wrongful foreclosure case was commenced on 7/11/2018. Plaintiffs allege in their recently‐filed complaint violati...

Excerpt: ... Grove. Plaintiff hit her head on a large firehose valve and firehose support bracket as she was rising up from a bent position. Plaintiff filed her complaint on 9/25/2015, a few days before the statute of limitations expired. The complaint names all current defendants, including JJD‐HOV Elk Grove, LLC and Dana Butcher Associates. Defendants move for discretionary dismissal on the grounds that Plaintiff did not serve them with the summons and c...

Excerpt: ...�MEC”) motion for protective order. Maciora had propounded Requests for Production, Set Four, on MEC. The RFPs provided the following definitions: 1. UBA Contract ‐ The valid and effective contract referred to in Paragraph 85 and Paragraph 86 of your Third Amended Complaint. 2. Tangiers Capital Contract ‐ The valid and effective investment agreement between MEC and Tangiers Capital referred to in Paragragh 87 of the Third Amended Complaint....

Excerpt: ... the issue of unconscionability is properly before the court, did the Compensation Agreement require Misfud to repay draws personally if she left her employment and did not receive commissions covering the draws? If so, did that saddle her with a harsh, one‐sided risk (i.e., that she could effect sales without receiving any commissions) not present in Am. Software v. Ali (1996) 46 Cal.App.4th 1386, 1389, 1393? (3) Assuming the issue of unconsci...

Excerpt: ... will be prejudiced absent sealing; the proposed sealing is narrowly tailored to serve the overriding interest; and there is no less restrictive means of achieving the overriding interest. The Clerk of the Court is directed to file unredacted exhibits 10, 11 and 12 and immediately change their security clearance so that they are not available for public viewing. The minute order is effective immediately. No formal order pursuant to CRC 3.1312 or ...

Excerpt: ...motion to vacate and/or correct the arbitration award is DENIED except where noted otherwise, as follows. Although 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 1/1/2018. Factual Background This action arises out of plaintiff's prior employment as a manager of a franchise resta...

Excerpt: ...eceived plaintiff's discovery requests but that she has nevertheless complied with them by meeting with plaintiff's principal and providing a variety of documents from her insurance company. Aside from the fact that defendant in pro per has failed to provide admissible evidence which establishes she never received the underlying discovery requests, the court is not persuaded that her representation about meeting with plaintiff's principal and pro...

Excerpt: ...TED IN PART and DENIED IN PART, as follows. As it now appears that defendant Raptis has provided the overdue discovery responses previously compelled in the court's earlier orders, has agreed to make himself available for deposition and has tendered payment of monetary sanctions previously imposed, the court declines to impose here any issue, evidence or terminating sanctions against defendant Raptis as such sanctions would result in an unjus...

Excerpt: ...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 Stewart Title of Sacramento's (“STS”) motion for summary judgment, or in the alternative, summary adjudication is ruled upon as follows. Overview This is an action for equitable indemnity, implied indemnity and declaratory relief. Plaintif...

Excerpt: ...��Mark”), doing business as Whisler Land Company (“WLC”) agreed to manage properties owned by Edward. Robert and Edward are brothers. WLC is a licensed real estate broker and Robert an associate licensee. In 2004, WLC and Robert entered into a contract wherein Robert agreed to provide property management services as an independent contractor to WLC. Robert and WLC are collectively referred to herein as “Plaintiffs.” Plaintiffs allege th...

Excerpt: ...asserts a cause of action for Quiet Title. Camacho alleges that in 1994 she purchased the Property, Zepeda provided less than $3,000 for the purchase deposit. Both Zepeda and Camacho were listed on the title, but it was “understood” that Zepeda was the sole owner of the Property. In 2002, Zepeda was deported to Mexico. Camacho then took possession of the Property, has remained in continuous possession, and has made all payments for the Proper...

Excerpt: ...rs 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.) Overview and Procedural History This is a construction defect action for 7 homes. The SAC asserts a single cause of action for violation of Civ. Code §896. Plaintiffs filed their initial complaint on 6/10/2014 which included caus...