Excerpt: ...s. CDCR's request for judicial notice is GRANTED. This is a wrongful death action and survival action. Plaintiff M.B. is the minor son of former state prisoner, decedent Milton Beverly, Jr. (“Decedent”). Plaintiff alleges that Decedent was not provided with proper medical care, supervision, and suicide precautions while he was incarcerated at California State Prison, Sacramento, which caused Decedent to commit suicide on November 24, 2016. Pl...

Excerpt: ...gs in Dept. 54. 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, along with the correct time for hearings in Dept. 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 Plaintiff AML is a manufacturer of e...

Excerpt: ...ific evidence which is claimed to show the existence or non‐existence of a triable issue of material fact. *** Defendant Dignity Health dba Mercy San Juan Medical Center's motion for summary judgment is GRANTED, as follows. Opposing counsel failed to comply with CRC Rule 3.1350(g), requiring a single volume of evidence (including declarations) with a table of contents when the evidence exceeds 25 pages. Both moving and opposing counsel failed t...

Excerpt: ... 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. Factual Background This is a nonjudicial foreclosure case. Plaintiff Kipgen now sues Bank for the third time, again asserting he is the successor ‐in‐interest...

Excerpt: ...he Second Amended Complaint (“2AC”) is DENIED, as follows. The notice of motion does not comply with Code of Civil Procedure §1010 or CRC Rule 3.1110(a). Plaintiff failed to comply with CRC Rule 3.1110(b)(3)‐(4). Overview This is a non‐judicial foreclosure action arising out of plaintiff's $185,000 mortgage loan which originated in 2004. Plaintiff's 2AC purported to assert causes of action for (1) Violation of the Security First Rule; Po...

Excerpt: ...he Court's tentative ruling procedure. If Defendant's counsel is unable to contact opposing counsel prior to the hearing, Defendant's counsel shall be available at the hearing, in person or by telephone, in the event opposing counsel appears without following the procedures set forth in Local Rule 1.06 (B). Defendant's demurrer to Plaintiff Angelina Kubrakov's (“Plaintiff”) First Amended Complaint (“FAC”) is SUSTAINED with leave to amend....

Excerpt: ...ng 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 County of Sacramento's (“County”) motion for summary judgment, or in the alternative, summary adjudication is ruled upon as follows. I. Overview This is a wrongful death action. Plaintiffs are the heirs and successors‐in‐interest to decedent Jamari Moore (“Decede...

Excerpt: ... motion matters. *** Plaintiff Edward Mitchell's demurrer to Defendants ABM Industries, Inc., ABM Building Services, LLC, and ABM Building Solutions, LLC's (collectively “ABM”) answer is ruled upon as follows. This is a premises liability action. Plaintiff alleges that on 1/8/2018, he was an invitee at 500 David J. Stern Walk, Sacramento, California 95814 (“Premises”). The Premises was “owned, leased, operated, occupied, maintained, and...

Excerpt: ...its 1, 4‐9. His request is denied as to Exhibits 2‐3. Overview and Procedural History Gonzalez initially filed this action in pro per on 11/18/2015. His initial complaint asserted causes of action for negligence, intentional tort, and fraud against California State Automobile Association and DOES 1‐50. On 2/19/2016, Judge Cadei found Gonzalez to be a vexatious litigant in Gonzalez v. Kitay, Sacramento Superior Court Case No. 34‐2012‐ 00...

Excerpt: ... Demurrer to the Defendant May‐Han Electric Inc. dba M&M Electric's (“Defendant”) Answer is SUSTAINED with leave to amend. This action arises from an incident where an underground gas line exploded near Plaintiff's home, allegedly damaging Plaintiff's property. Plaintiff filed her Complaint on July 8, 2019, and Defendant filed its Answer on August 19, 2019. Defendant's Answer contains four affirmative defenses. Plaintiff argues that the dem...

Excerpt: ...ant”) Motion to Compel Plaintiff Jonathan Billiet (“Plaintiff”) to Arbitration is DENIED. Plaintiff worked for Defendant from August 15, 2017 to May 19, 2018. On May 24, 2019, Plaintiff filed this action against Defendant, alleging violations of the Private Attorneys General Act of 2004, Labor Code section 2698 et seq. (“PAGA”), including meal period violations, rest period violations, and a failure to pay missed meal period premiums. D...

Excerpt: ...ww.saccourt.ca.gov. *** *** If oral argument is requested, the parties are directed to notify the clerk and opposing counsel at the time of the request which of moving defendant's six (6) Undisputed Material Facts and/or which of plaintiffs' seven (7) Additional Material Facts 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 iss...

Excerpt: ...ys' fees as a matter of law via contract or statute, and thus Plaintiffs' request for attorneys' fees in the TAC is improper and should be stricken. Defendant asserts that although not stated expressly in the TAC, Plaintiffs have separately stated that they will seek attorney fees pursuant to Paragraph 15 of the Sales Agreement between Dr. Wong and Defendant. Paragraph 15 is titled “Indemnity” and states in relevant part: “The Customer here...

Excerpt: ...fs Steven T. Swanson, David R. Swanson, and Luke Dedman's (together “Plaintiffs”) grandfather Salvin Swanson purportedly executed an agreement with Ms. Williams and her brother, Richard Dorman. Prior to the transaction, Mr. Swanson, Ms. Williams, and Mr. Dorman jointly held title to a commercial property in Sacramento (“the Property”). Mr. Swanson held a 50% interest, Ms. Williams held a 25% interest, and Mr. Dorman held a 25% interest. A...

Excerpt: ...barred pursuant to Maldonado v. Epsilon Plastics, Inc. (2018) 22 Cal.App.5th 1308. This is a wage and hour class action and representative Private Attorney General's Act (“PAGA”) action. In her third cause of action, Plaintiff Janelle Murphy (“Plaintiff”) alleges that Defendants violated Labor Code §226(a)(9) by not specifying all applicable hourly rates of pay and number of hours worked on the wage statements issued to Plaintiff and cla...

Excerpt: ...et for hearing on 10/2/2019 at 9:00 a.m., as follows. This putative class action was commenced by plaintiff on 5/21/2019. On 6/17/2019 DTE filed a petition to compel arbitration which Code of Civil Procedure §1281.7 permits to “be filed in lieu of filing an answer to a complaint.” Notably, DTE's petition also included an explicit request to stay proceedings pending the Court's ruling on the petition to compel arbitration as permitted by Code...

Excerpt: ...t to specific evidence which is claimed to show the existence or non‐existence of a triable issue of material fact. *** Defendant California Department of Water Resources' (“DWR”) motion for summary judgment/adjudication is ruled on as follows. Moving counsel failed comply with CRC Rule 3.1350(b) and (h), requiring that issues presented for summary adjudication be stated in the notice of motion and repeated verbatim in the separate statemen...

Excerpt: ...irected 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, 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. Both moving and opposing counsel failed to comply with CRC Rule 3.1110(b)(3)‐(4). Factual Back...

Excerpt: ...for Entry of Default and Judgment, counsel discovered that their client had recalled the file. Counsel failed to recall the default packet from the court and the court entered judgment on March 21, 2019. Plaintiff now states that the entry of default and judgment was in error and seeks to vacate both. Plaintiff presents this request for relief pursuant to Code of Civil Procedure section 473 (b), which provides that the court may, upon any terms a...

Excerpt: ...ccordingly, on or about July 15, 2019, Defendants issued subpoenas for Plaintiff's medical and employment records to determine the veracity of her claims and the nature and extent of her injuries. On July 23, 2019, Plaintiff sent Defendants' counsel a correspondence purporting to meet and confer regarding the subpoenas. Therein, Plaintiff stated that she would be "directing" all subpoenaed third parties to redact responsive docume...

Excerpt: ...ants Melinda Lorenz‐Anderson's ("Lorenz‐Anderson”) demurrer to Plaintiff Nancy Michaels' first amended complaint (“FAC”) is ruled upon as follows. Overview This case follows Plaintiff Nancy Michaels' promotion and subsequent demotion while employed by Co‐Defendant CalPERS. Plaintiff alleges that Lorenz‐Anderson, Plaintiff's coworker at CalPERS, obtained Plaintiff's confidential employment information and delivered it to ...

Excerpt: ... served Form Interrogatories (Set One), Special Interrogatories (Set One), and Requests for Production of Documents (Set One) on Plaintiff's counsel, Berg Injury Lawyers. Defense counsel granted multiple extensions for Plaintiff to respond. On March 11, 2019, the Court granted Frederick J. Sette's motion to be relieved as counsel. Since that date, Plaintiff has proceeded in pro per. Defense counsel continued to seek discovery responses from Plain...

Excerpt: ...nating, issue, evidentiary and monetary sanctions against defendant Raptis and to compel the latter's further responses to special interrogatories and requests for production is GRANTED IN PART and DENIED IN PART, as follows. To the extent this motion seeks issue and/or evidentiary sanctions, moving counsel failed to comply with CRC Rule 3.1345(a)(7). Factual Background The facts of this case are well known to the court as a result of the inordin...

Excerpt: ...nterprise Co. (“HP”) and Yee‐Wee Chen Wang's (“Wang”) (collectively “Defendants”) motion for protective order is ruled upon as follows. This is a personal injury case involving a vehicle collision. Plaintiffs allege that Wang and, her employer, HP, are liable for their injuries. According to Defendants, moments prior the accident Wang was driving at or below the speed limit and was reasonably attentive to her surroundings when an un...

Excerpt: ...ecedent suffered a fall and a pressure ulcer while in defendant's care, as well as developed sepsis “as a result of an infectious process which developed as a result of deplorable, unsanitary conditions[.]” (Compl., ¶28.) In 2018 plaintiffs served an inspection demand by which they sought to inspect, measure, photograph and videotape defendant's facility, including the room which decedent occupied, the “general area where [the decedent] re...