Excerpt: ...ntative ruling to Plaintiff Dimario Pickford within 48 hours of receiving it. The hearing date shall automatically be continued one week plus one court day for oral argument. The continuance date will always be an appearance required hearing so that Plaintiff Dimario Pickford need not request oral argument. The Litigation Coordinator shall make Plaintiff Dimario Pickford available, by Zoom telephonically, at 9:00 a.m. on the date of the continued...

Excerpt: ...and negligent hiring, supervision and retention. Plaintiff alleges that she is an African American female and was employed as a Manager of Utilization Review. In December 2019, Plaintiff was informed that one of the employees under her leadership was acting belligerent and that her co‐workers were fearful. The employee, Irene Morrison (“Morrison”), is also an African American female. Plaintiff visited the worksite to observe Morrison and le...

Excerpt: ...ghboring property owners. Plaintiffs initially filed this action on August 6, 2020 and included the following nine causes of action: (1) breach of contract; (2) fraud; (3) general negligence; (4) conversion; (5) adverse possession; (6) trespass; (7) invasion of privacy; (8) intentional infliction of emotional distress; and (9) breach of the implied covenant of good faith and fair dealing. Defendants filed a demurrer to the initial complaint on Ja...

Excerpt: ...fore the court, for settlement of the case, or part thereof, the court, upon motion, may enter judgment pursuant to the terms of the settlement. If requested by the parties, the court may retain jurisdiction over the parties to enforce the settlement until performance in full of the terms of the settlement." (CCP § 664.6(a).) Moreover, “a party moving for the entry of judgment pursuant to a settlement under Code of Civil Procedure section 664....

Excerpt: ...summons and complaint were served on “Marie Alvarez, Co‐occupant, White, Female, 40 Years Old, Brown Hair, 5 Feet Inches, 140 Pounds” at 3741 Y Street Sacramento, CA 95817. Defendant moves for relief from default pursuant to CCP §§ 473.5, 473(b) and 1788.61. The motion based on all three statutes is untimely. A motion pursuant to CCP §473.5 must be filed “within a reasonable time, but in no event exceeding the earlier of: (i) two years...

Excerpt: ...ers. *** Defendant Gursimrat Sekhon's (“Defendant”) motion to compel Plaintiff Vrinder Grewal's (“Plaintiff”) further responses to special interrogatory nos. 16 and 28 is ruled upon as follows. The Court need not rule on Defendant's request for judicial notice since it was not material to the Court's disposition of this motion. This is a personal injury action based on Defendant's alleged assault and battery on Plaintiff. Plaintiff, a doc...

Excerpt: ...earing and the parties should be prepared to point to specific evidence which is claimed to show the existence or nonexistence of a triable issue of material fact. *** Defendants Sacramento Municipal Utility District (“SMUD”) and Michael Meeks (“Meeks”) (collectively, “Defendants”) move for summary judgment or, in the alternative, summary adjudication as to Plaintiff Amadu Barrie's (“Plaintiff”) second amended complaint (“SAC”...

Excerpt: ...l being served" as required by Code of Civil Procedure section 1010.6(e) (1). Provided that Defendant files the declaration, the following will become the tentative ruling of the Court. Defendant National University's (“Defendant”) motion for summary judgment, or in the alternative, summary adjudication is UNOPPOSED and is GRANTED. Overview This is an action for breach of implied contract and breach of implied covenant of good faith and fair ...

Excerpt: ...: “[o]n October 8,2019, [Defendant] knowingly and with malicious intent, introduced a fraudulent document into an official hearing. (See attached exhibit, "A") This document was utilized as the principal factor in denying Plaintiff early parole consideration. Defendant had first hand knowledge of Plaintiff's criminal conviction and elected to create and submit a series of severe criminal allegations into the record to sway the parole commission...

Excerpt: ...ica Pamplona‐ Estrada (“Pamplona‐Estrada”) and Anthony Short (“Short”) as well as Pamplona‐Estrada's passenger Angelina Pamplona (“Pamplona”). Malik alleges that Pamplona‐Estrada and Short were separately operating their vehicles on Highway 99 in a manner that caused a multi‐vehicle chain collision with Malik's vehicle. Short and Pamplona‐Estrada filed Cross‐Complaints against each other for indemnity and apportionment o...

Excerpt: ...c) to December 14, 2022, to allow the parties to meet and confer as required by CCP section 430.41(a). Defendant's counsel filed a code‐compliant declaration on December 1, 2022. (ROA 120.) BACKGROUND Plaintiffs filed a First Amended Complaint (“FAC”) on June 24, 2022. The FAC alleges causes of action for general negligence, motor vehicle negligence, and loss of consortium. The FAC alleges that Defendant contracted to provide pilot car serv...

Excerpt: ...stment in certain real property. Specifically, Plaintiff alleges that in April of 2020 he hired Defendant Julie Ann Ryan, who was employed as a real estate agent by Defendant William L. Lyon & Associates, Inc., to assist him with a loan transaction. (FAC, ¶¶ 10‐11, 18.) Defendant Andre Scott is the managing member of Defendant Eurisko Development's, LLC, and Plaintiff alleges that the company operates as Mr. Scott's alter ego. (FAC, ¶¶ 8, 1...

Excerpt: ...ifty‐percent (50%) interest in property located at 237 Creekside Way, Galt, CA 95632 (“Property”). The Salvador R. Pamplona 2021 Separate Property Trust (“Trust”) has a fifty‐percent (50%) tenant‐ incommon interest in the Property. (Complaint, ¶¶ 3‐4.) In February 2011, Plaintiff and Salvador's mother, Cristina Pamplona (“Cristina”) transferred the Property to Salvador and Cristina's grandson, Carlos B. Pamplona (“Carlos�...

Excerpt: ...he notice of motion does not provide notice of the Court's tentative ruling system, as required 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 by Zoom or by telephone. Background ...

Excerpt: ... On November 21, 2022, Plaintiffs' counsel filed a declaration containing the previously omitted exhibits. (ROA 48.) On December 5, 2022, Defendant's counsel filed an amended declaration, including a revised copy of Exhibit 4. (ROA 54.) The Court notes that counsel's original declaration described Exhibit 3 as a “true and correct copy of what I am informed and believe is the Retail Installment Sale Contract” and Exhibit 4 as a “true and cor...

Excerpt: ...Complaint, ¶ 7.) Defendant filed an answer on May 30, 2019. (ROA 35.) On August 29, 2019, Plaintiff dismissed the other two named Defendants, Russell Meadows and Judith Meadows. (ROA 45.) The matter was initially set for trial on May 24, 2022. (ROA 63.) However, on May 23, 2022, Plaintiff filed an ex parte application to continue the trial date. (ROA 70.) Plaintiff also requested a continuance orally on May 24, which the Court granted. (ROA 69.)...

Excerpt: ...ts (“RFPD”), Set Three, on January 5, 2022. Plaintiff found Defendant's responses and production of documents in response to RFPD Nos. 41 and 43 responses to be deficient, and during the ensuing meet and confer efforts, Defendant produced a privilege log that identified documents that were responsive to those two RFPDs but that were being withheld on the basis of attorneyclient privilege. (See Telfer Decl., ¶ 3, Exh. 1.) Plaintiff ultimately...

Excerpt: ...Medical Board of California as a Physician and Surgeon." (Petition , 2:3‐4 (emphasis added).) However, the Petition later states that Respondent was Board‐certified in Psychiatry and Neurology, and has a practice providing psychiatric care in Placer County. (Petition, Ex. B, ¶ 5 (emphasis added).) Respondent's opposition indicates that he is a psychiatrist. (Opposition, 4:2.‐21.) In February 2020, the Medical Board of California ("Board") ...

Excerpt: ...or Court is 813 6th Street, Sacramento, California 95814. Plaintiff shall notify defendant Javier Villa Santana (“Defendant”) immediately. California Code of Civil Procedure § 664.6 provides: “If parties to pending litigation stipulate, in a writing signed by the parties outside the presence of the court or orally before the court, for settlement of the case, or part thereof, the court, upon motion, may enter judgment pursuant to the terms...

Excerpt: ... motion. Everest contends the exhibits were marked confidential and produced only to plaintiff Zurich American Insurance Company (“Zurich”) pursuant to the Court's May 12, 2021, Stipulated Protective Order. (ROA 81; Branse Decl. ¶ 10.) Exhibit 12 is Everest's California Contracting Program Underwriting Guidelines and Exhibit 13 is the February 28, 2002 revised guidelines. Everest contends the exhibits are internal detailed underwriting guide...

Excerpt: ...Lemons' office located in Sacramento, California, which is beyond the geographic limits of CCP § 2032.220(a)(1), is GRANTED. Defendants filed this motion concurrently with their motion to compel Mrs. Shapton to appear for her deposition in Sacramento on Thursday, January 26, 2023, which is also granted as set forth in the Court's concurrent ruling. This action arises from a two‐car accident that occurred on June 13, 2019, on LaTrobe Road at th...

Excerpt: ...eging claims for general negligence and premises liability. Plaintiff alleges he was electrocuted on November 22, 2016, while working on the LED lights at Roseville Toyota. Plaintiff alleges he was instructed by his employer, defendants Next Step Energy, Inc.; Angela Novak; and Theodore Novak to repair the LED lights and that Roseville Toyota negligently owned, maintained, controlled, and/or managed the dangerous facility and created a dangerous ...

Excerpt: ...icate the address for Department 54 of the Sacramento County Superior Court, which is 813 6th Street, Sacramento, California 95814. Defendants shall notify plaintiff Jeff Harada (“Plaintiff”) immediately. The notice of motion also does not provide notice of the Court's tentative ruling system as required by Local Rule 1.06(D). Defendants are ordered to notify Plaintiff immediately of the tentative ruling system and the manner to request a hea...

Excerpt: ... 3, 2022, the Court granted Plaintiff's unopposed motion to deem matters admitted. (ROA 14.) Plaintiff now moves for judgment on the pleadings based on these admissions. Specifically, that Defendant admits he had a credit card account issued by Plaintiff; he received periodic statements regarding the account; as of March 11, 2022, the balance owed on the account was $6,928.53; no payments have been made on the account since March 11, 2022; the la...

Excerpt: ...the Holt Law Firm's (collectively “Defendants”) demurrer to pro per Plaintiffs Victoria Yeager and Gen. Charles Yeager's (Ret.) (collectively “Plaintiffs”) third amended complaint (“TAC”) is ruled as follows. Defendants failed 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 e...

Excerpt: ...ation “shall specify the time, place, manner, conditions, scope, and nature of the examination, as well as the identity and the specialty, if any, of the person or persons who will perform the examination.” (CCP §2032.310(b); Carpenter v. Superior Court (2006) 141 Cal.App.4th 249, 259.) Additionally, the Court's order “must set forth certain details of the examination: ‘An order granting a physical or mental examination shall specify the...

Excerpt: ...ttee formed pursuant to the Federal Labor Management Cooperation Act of 1978 (29 U.S.C. § 175a). Defendant Brown Construction, Inc. (“Brown”) is a licensed contractor who served as the general contractor on a construction project in Sacramento known as the Arden Gateway project. Defendant Advantage Drywall, Inc. (“ADI”) is a licensed drywall contractor who served as a subcontractor of Brown's on the project. Plaintiff alleges that Defend...

Excerpt: ...oom telephonically, call (833) 568‐8864 and enter the Zoom ID: 16146506749. Defendant California Department of Corrections and Rehabilitation's (“CDCR”) demurrer to incarcerated plaintiff in pro per Paul Anthony Moreno's (“Plaintiff”) Complaint is ruled upon as follows. Plaintiff filed his Complaint on January 31, 2022, alleging a single cause of action for “Negligence in Law [Penal Code § 4576 (e), (i)].” Plaintiff alleges that an...

Excerpt: ...ively, “Defendants”). Plaintiff was previously employed as a family physician with CDCR at California State Prison‐Sacramento, and Defendants Sahota and Bobbala were his supervisors. Plaintiff filed his initial complaint on December 12, 2019 alleging various employment causes of action, including religious and national origin discrimination, retaliation, and failure to accommodate. These claims stemmed from Defendants' responses to Plaintif...

Excerpt: ... Street, Sacramento, California 95814. Defendant shall notify Plaintiff immediately. On December 27, 2016, plaintiff Dawn Virginia Randall (“Plaintiff”) filed the Complaint in this action for personal injuries related to a fall that occurred on January 6, 2015. The initial trial date was September 25, 2018. (ROA 26.) On September 6, 2018, the Court granted Plaintiff's motion to continue trial pursuant to the parties' stipulation. (ROA 36.) A ...

Excerpt: ...following five causes of action against CDCR: (1) wrongful discharge in violation of public policy; (2) retaliation in violation of FEHA; (3) failure to prevent and investigate harassment and retaliation in violation of FEHA; (4) retaliation (Labor Code § 1102.5); and (5) intentional infliction of emotional distress. On December 15, 2020, the Court sustained CDCR's demurrer without leave to amend as to the first and fifth causes of action. (ROA ...

Excerpt: ...his action arises from decedent Theresa Marks' admission and stay with Defendant from September 16, 2020, through September 23, 2020. Plaintiffs filed the Complaint on September 15, 2021, asserting causes of action for: (1) elder abuse/neglect; (2) professional negligence; (3) wrongful death; (4) negligent infliction of emotional distress; and (5) violation of Patient's Rights. The 1AC was filed on February 25, 2022, alleging the same causes of a...

Excerpt: ...d a 2020 Honda Pilot. Plaintiff alleges that Defendant is a manufacturer and/or distributor under the Act. During the warranty period, the vehicle experienced defects and non‐conformities, including but not limited to, electrical and transmission issues. Plaintiff moves to compel Defendant's further responses to RFP Nos. 37‐43 and 45‐ 46. The parties entered into, and the Court signed, a stipulated protective order on October 21, 2022. RFP ...

Excerpt: ...o compel Magby's deposition, which this Court granted on February 22, 2022. Therein, the Court ordered Magby to appear for deposition no later than May 14, 2022. (ROA 71.) Magby's counsel agreed to a deposition date of March 8, 2022, and Bennett served a Second Amended Notice of Deposition reflecting the agreed‐upon date. On March 8, 2022, however, Magby's counsel again stated that neither he nor Magby would be appearing for the deposition as s...

Excerpt: ... City of Sacramento (“City”) and Brad Wasson's (“Wasson”) (collectively “Defendants”) motion for judgment on the pleadings is ruled upon as follows. I. Overview Plaintiffs Lanette and Bryan Davies (collectively “Plaintiffs”) allege that they are the owners of Canna‐Care, a lawfully operating medicinal marijuana dispensary. (First Amended Complaint (“FAC”), ¶¶ 1‐2.) Plaintiffs allege that defendant Wasson is the Revenue M...

Excerpt: ...ber 29, 2022 when they filed a petition to vacate contractual arbitration award. Petitioners and Respondent participated in contractual arbitration on March 29‐ 30, 2022. The arbitrator issued her opinion and award on June 23, 2022 and served the award on the parties the same day. In total, on September 29, 2022, Petitioners filed a petition to vacate on a Judicial Council ADR‐106 form (ROA 1), a civil case cover sheet (ROA 2), a summons (ROA...

Excerpt: ...venture. Plaintiff's deposition was originally noticed for September 9, 2021, but was rescheduled several times due to Plaintiff's inadequate responses to Defendants' written discovery. Eventually, Plaintiff sat for his deposition on May 4, 2022. However, after only two hours of testimony, Plaintiff and Plaintiff's counsel abruptly stopped the deposition due to Plaintiff's perception that defense counsel was harassing him with his questions, with...

Excerpt: ...greed to dismiss her cause of action against Defendant. After receiving the settlement proceeds, Plaintiffs' counsel's office mailed a Request for Dismissal to this Court on August 23, 2022. (Schuchhardt Decl., ¶ 6.) The dismissal did not specify that the dismissal was as to Ms. Sanchez Garcia only. (Id. at ¶ 6, Exh. B.) Counsel's office discovered the mistake the following day and contacted the Court that same day. (Id. at ¶ 7.) Counsel was i...

Excerpt: ...nd counsel for all other parties to the underlying action and advise them 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 Respondent and counsel for all other parties prior to hearing, moving counsel is ordered to appear at the hearing by Zoom or by telephone. Moving counsel is admonished for failing to comply with CRC Rule 3.1110(f)(4). Exhibits must be sep...

Excerpt: ...ed a 2018 Ford Ecosport (“the Vehicle”) from Defendant in Roseville on July 15, 2019, and Defendant issued express warranties in connection with that transaction. The Vehicle has since exhibited numerous defects and nonconformities covered by the warranties that substantially impair the use, value, and safety of the Vehicle. Plaintiff delivered the Vehicle to Defendant's authorized repair facilities for repairs but Defendant has failed to rep...

Excerpt: ...iff filed a First Amended Complaint (FAC), which identified an address of the alleged incident as 9230 Kiefer Boulevard in Sacramento, California. As to injury, however, the FAC states only as follows: “3. On or about September 7, 2020, Defendant(s) owned, operated managed, maintained, controlled, and/or was/were in possession and control of a residential apartment complex doing business as “The Retreat Apartments” located at 9230 Kiefer Bl...

Excerpt: ...oom telephonically, call (833) 568‐8864 and enter the Zoom ID: 16146506749. Defendant California Department of Corrections and Rehabilitation's (“CDCR”) demurrer to incarcerated plaintiff in pro per Paul Anthony Moreno's (“Plaintiff”) Complaint is ruled upon as follows. Plaintiff filed his Complaint on January 31, 2022, alleging a single cause of action for “Negligence in Law [Penal Code § 4576 (e), (i)].” Plaintiff alleges that an...

Excerpt: ...�) is UNOPPOSED and DENIED without prejudice for lack of proper notice. Plaintiff's Application for Writ of Possession of the Collateral, as against Defendant Satpal Singh Brar (“Defendant Brar”) is UNOPPOSED AND GRANTED, provided that proof of service to Defendant Brar demonstrating compliance with the service requirements of Code of Civil Procedure sections 512.030 and 1005 are filed prior to the time of the hearing. If such proof of servic...

Excerpt: ...nrelated claim in her account with Defendant. (See Complaint, ¶¶ 10‐23.) Plaintiff's complaint asserts a total of nine causes of action including civil rights violations, unfair competition, defamation, and negligent hiring. Plaintiff served Defendant with the subject Requests for Production of Documents, Set One on April 14, 2022. Defendant served its initial responses on June 10, 2022. Plaintiff's counsel sent a meet and confer letter on Ju...

Excerpt: ...equires that each paper exhibit 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. Failure to comply with this rule makes it cumbersome for the Court to review the corresponding exhibits and evidence. The Court does not consider Defendants' “rebuttal and supporting evidence” to White's responses to Defendants' UMFs. The summary judgment statute does...

Excerpt: ...lectively, “Defendants”) demurrer to Plaintiff in pro per Larry Redic's (“Plaintiff”) complaint is ruled upon as follows. Defendants' request for judicial notice of Executive Order N‐ 33‐20 is granted. The Court declines to take judicial notice that the Order “does not establish specific COVID ‐19 safety protocols for California's prisons.” (See, Def.'s RJN at 1:26‐27.) The Court notes that Plaintiff filed an opposition on Aug...

Excerpt: ...plaint for Refund of Property Taxes on December 7, 2020. After the Court granted Plaintiff's motion for leave to file a First Amended Complaint (“1AC”) on January 26, 2022, Plaintiff filed the operative 1AC on January 26, 2022. (ROAs 40, 41.) Defendant filed its Answer to the 1AC on February 25, 2022, asserting three affirmative defenses. (ROA 43.) Defendant's first affirmative defense states “[t]he first amended complaint and each and ever...

Excerpt: ...“2AC”) is ruled upon as follows. Defendants' request for judicial notice is granted. This action arises from Plaintiff's former employment with Defendants. Plaintiff alleges she was employed by Defendants since 1987 until she was forced to resign in May of 2019. (2AC ¶ 8.) Two months later, on July 1, 2019, Plaintiff filed a verified complaint with the Department of Fair Employment and Housing (“DFEH”), and on the same day she received a...

Excerpt: ... Cathy Looc (“Plaintiff”) is GRANTED. Moving Defendants have indicated the incorrect address in the notice of motion. The correct address for Department 54 of the Sacramento County Superior Court is 813 6th Street, Sacramento, California 95814. Plaintiff filed this personal injury action on January 8, 2021, against Moving Defendants and defendant Lai alleging claims of general negligence and premises liability arising out of a dog bite/attack...

Excerpt: ...mended Complaint (“2AC”) is ruled upon as follows. Defendants' request for judicial notice is granted. This action arises from Plaintiff's former employment with Defendants. Plaintiff alleges she was employed by Defendants since 1987 until she was forced to resign in May of 2019. (2AC ¶ 8.) Two months later, on July 1, 2019, Plaintiff filed a verified complaint with the Department of Fair Employment and Housing (“DFEH”), and on the same ...