Excerpt: ...1415 Folsom Boulevard and 6660 Coyle Avenue. Plaintiff contends the services and materials it furnished at the two properties had a total value of $24,628.63. Plaintiff also claims it is owed service charges totaling $7,085.88 on unpaid balances at the contract rate of 1.5% per month. (See Compl., ROA # 1.) Plaintiff filed the Complaint against Defendants Donald Reinnoldt (“Reinnoldt”); 11415 Folsom, LLC; Bella Terra Design, LLC; and Greenbac...

Excerpt: ...' demurrer to Plaintiff William F. Molina and Donna Goles' (“Plaintiffs”) Complaint is SUSTAINED with leave to amend as follows. Defendants' request for judicial notice is granted as to Exhibits 2 and 3, which are public records concerning the subject property. It is denied as to Exhibit 1, a May 2019 article published in The State Hornet. (See People v. Ramos (1997) 15 Cal.4th 1133, 1167 [affirming the trial court's refusal to take judicial ...

Excerpt: ...� signatures upon certain arbitration provisions ‐‐ was not filed with the moving papers. Instead, these “wet ink” signatures were raised and filed for the first time on Reply, denying Plaintiff Emilee Richardson (“Plaintiff”) a full and fair opportunity to respond thereto. In their moving papers, Defendants filed copies of arbitration provisions bearing only Plaintiff's “electronic” signature. Indeed, the motion was framed as bei...

Excerpt: ...er continuance. Plaintiff has not explained why his release makes it impossible for him to appear remotely (i.e., through Zoom or via phone) on the scheduled hearing date. The Department 54 Zoom link is http://saccourt.zoom.us/my/dept53.54a. The Department 54 Zoom ID is: 841 204 6267. To appear on Zoom by phone, call (888) 475‐4499 or (877) 853‐5257 (toll‐free) and enter the Zoom ID referenced above. The Court urges Plaintiff to file his up...

Excerpt: ...�) is unopposed and is GRANTED pending the final fairness hearing to be held on this date. (Code of Civil Procedure § 382, California Rules of Court, Rule 3.769.) In this action, Plaintiff alleges that defendant employer violated various wage & hour provisions of the California Labor Code. The Complaint also includes claims under the Labor Code's Private Attorney General Act (“PAGA”). In approving a class action settlement, the Court is to d...

Excerpt: ...Angela Taylor (represented by attorney Lyle Solomon) recorded a lis pendens against the subject property ostensibly based on a lawsuit filed against Ms. Villarreal and her estate. However, it appears no such lawsuit had actually been filed and in any event, Placer County was not the appropriate venue for same. When Martinez demanded the improper lis pendens be withdrawn, plaintiffs revealed that they had “a qualified company that expressed thei...

Excerpt: ...ich Leisure cited in its reply brief. Having received from IEAC no copy of any endorsed/filed amended complaint (much less by the 2/8/2021 deadline), the Court now rules on Leisure's pending demurrer to the original complaint. Factual Background This is a subrogation action. IEAC alleges in its first cause of action for subrogation that it paid $14,333.68 to repair water damage to its insured's home in Arcadia, California (Compl., ¶¶6, 8‐10) ...

Excerpt: ...ted on law and motion matters. *** Defendant The Ezralow Company, LLC's (“TEC”) demurrer to Plaintiff's Fourth Amended Complaint (“4AC”) is ruled on as follows. Overview This is an action involving claims of wrongful termination and retaliation in violation of both Government Code §12940 and Labor Code §1102.5. Plaintiff alleges she learned that a Senior Vice‐President of TEC was having an extramarital affair with a vendor who worked ...

Excerpt: ... with Poelman to build the Inn. Poelman subcontracted with Defendant/CrossComplainant/Cross‐Defendant DTS Mechanical, Inc. (“DTS”), an HVAC installation contractor. DTS installed a Daikin VRV‐II system (“VRV‐II” or “HVAC System”) that was supplied by Defendant/Cross‐Defendant Norman S. Wright Mechanical Equipment Corp. (“NSW”), an agent and/or authorized representative of Defendants/Cross‐Defendants Daikin North America,...

Excerpt: ...Defendant Lonnie Dewitt's demurrer to Plaintiff Alexsei Lukianov's first amended complaint (“FAC”) is ruled upon as follows. Overview This is an action between a former couple in which Plaintiff alleges that Defendant failed to disclose his HIV‐positive status and infected Plaintiff through unprotected sexual activities. Plaintiff is a resident of Russia. Defendant is alleged to be at all relevant times a resident of Sacramento County. Plai...

Excerpt: ... contact opposing counsel forthwith and advise counsel of Local Rule 1.06 and the Court's tentative ruling procedure. If One Call's counsel is unable to contact opposing counsel prior to the hearing, One Call's counsel shall be available at the hearing, by CourtCall or 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). One ...

Excerpt: ...ter Douglas Fabrication Co. (“HDFC”) and Hunter Douglas, Inc.'s (“HDI”) (collectively “Defendants”) motion to quash amended subpoena for personal appearance of Isha Aguirre (“Aguirre”) and production of documents, or in the alternative, request for protective order is ruled upon as follows. I. Overview This is a FEHA employment action. Plaintiff alleges that Defendants retaliated and discriminated against her because she had taken...

Excerpt: ...16, 2018 (“SAC”; ROA #56) in its entirety. Alternatively, the Motion requests the court to strike all or portions of paragraphs 5, 9‐20, 27, 30, 32‐34 from the SAC, on the grounds that they allege irrelevant, false, or improper matter. The Motion also includes a request for sanctions pursuant to Code of Civil Procedure § 128.5(a) for “actions or tactics, made in bad faith, that are frivolous or solely intended to cause unnecessary dela...

Excerpt: ...s (“Mr. Bolanos”) held title to the Property as joint tenants. Mr. Bolanos subsequently transferred his interest in the Property to Defendant. Plaintiff filed this action on June 9, 2020 alleging financial elder abuse, among other things. The Verified First Amended Complaint alleges causes of action for: 1) financial elder abuse, 2) partition, 3) judicial foreclosure, 4) theft by false pretenses, and 5) undue influence fraud. Plaintiff prays ...

Excerpt: ...ual Background This action arises from a motor vehicle accident occurring at an intersection in Sacramento on 1/24/2019. Plaintiff asserts that the collision was caused at least in part by a “construction sign” which “obscured traffic near the intersection” and he did not discover the sign was owned by SMUD until 11/16/2020. In order to hold SMUD, a public entity, accountable, plaintiff now moves pursuant to Government Code §946.6 for re...

Excerpt: ... operative complaint purports to assert claims for disability discrimination, failure to accommodate, retaliation, wrongful termination, unfair business practices and “waiting time penalties” under Labor Code §201 and §203. Moving Papers. According to Defendants, plaintiff applied for employment with JSFA in 2014 and signed a valid, enforceable agreement to arbitrate any and all claims arising out of his employment including those for discr...

Excerpt: ...he Court's CCMS system allows the public to access and view all pleadings and documents once they are filed unless the Court orders otherwise and thus, it is imperative for counsel to appropriately redact all pleadings and documents before filing. If plaintiffs' now desire to shield this information from the public, they shall promptly file and serve an appropriate noticed motion to seal pursuant to CRC Rule 2.550 et seq. and lodge (not file) wit...

Excerpt: ... Plaintiffs are Sutter patients and they generally allege they have sent and received electronic communications with Sutter via its website, sutterhealth.org, which provides patients with multiple options to sign‐in to the Patient Portal, search for a doctor, pay a bill, or exchange communications relating to their medical condition. It is claimed that when a person uses the website, Sutter discloses certain information about such use to Facebo...

Excerpt: ... in Plaintiff's memorandum of points and authorities, and the proposed right to attach order. Despite these deficiencies, Defendant filed an opposition to the merits of the Application. Defendant did not object to defective notice. By opposing the Application on the merits, Defendant waived the deficiencies regarding notice. Moreover, it is clear from the opposition that Defendant understands that Plaintiff seeks to attach $326,936.33. Overview I...

Excerpt: ...t for Production of Documents, Set One, from Plaintiffs Jeff Harris and Teresa Harris are ruled upon as follows. This is an elder abuse action. This matter arises from the admission of decedent Eva Harris at Mission Carmichael, a skilled nursing facility, from June 20, 2018 to June 28, 2018. Plaintiffs allege that while at Mission Carmichael, Ms. Harris developed a fecal impaction resulting in acute renal failure and metabolic acidosis which ulti...

Excerpt: ...commenced on 3/14/2018 by plaintiffs Digital Tactics, Inc. ("DTI"), Terra/ERI, and Michael Newsom (collectively "Plaintiffs") as against defendants Steven Sprague, EnergySquad.org, Inc., Viruk Tungpagasit, ESH, and Duane Sprague (collectively "Defendants"). In June of 2018, Plaintiffs filed a First Amended Complaint ("FAC") which purports to assert causes of action for misrepresentation, breach of contract, breach of operating agreement, breach o...

Excerpt: ...their Special Interrogatories, set two ("SIs"), is granted as follows. Background The Court incorporates by reference herein the background from its concurrent ruling on Plaintiffs' Motion to Compel Further Responses to its Requests for Production of Documents, set two (“RFPs”). In addition to the RFPs, Plaintiffs propounded SIs to Van Son on September 17, 2020, related to Mr. Bendowski's testimony in the Lopez trial. (SIs, attached as Ex. F ...

Excerpt: ...in the alternative summary adjudication, as to Plaintiff Barbara Young (“Plaintiff's) first amended complaint is ruled on as follows: Defendant's objections nos. 8, 9, 13, 15, 21, 23, 28‐35 are overruled. However, the Court notes overruling the objections, it does not accept the truth of any conclusions made by Plaintiff and accepts only those facts supported by the evidence provided. Defendant's objection no. 38 to the screenshot of a job de...

Excerpt: ... of Citrus Heights (“City”). The Citrus Heights Code Enforcement issued a red tag on the property which is a 2392 sq. ft. single family residence on a 1.06 acre lot (“Property”). The CHCE deemed the Property “unsafe to occupy.” On 6/2/2020, the court appointed Eric P. Beatty as the Receiver (“Receiver”) to “duly correct all of the existing violations now existing upon the Subject Property and to see to it that the violations do ...

Excerpt: ...�AML”) application for writ of attachment against Pierce (“Application”). (ROA 49.) On 1/31/2020, the court issued the right to attach order and writ of attachment (“RTAO/WA”). (ROA 55.) On 2/27/2020, the court issued the writ of execution. (ROA 56.) The Application sought to attach, and RTAO/WA and writ of execution attached: “All real property, accounts receivable, chattel paper, and general intangibles arising out of the conduct of...