Excerpt: ...nt Corey Travis' motion for summary judgment or in the alternative, summary adjudication as against plaintiffs in pro per is ruled on as follows. The 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 plaintiffs in pro per and advise them of Local Rule 1.06 and the Court's tentative ruling procedure and the manner to request a hearing. If moving co...

Excerpt: ... requested, the parties must at the time oral argument is requested notify the clerk and opposing counsel of the specific grounds for the motion that will be addressed at the hearing. The parties are also reminded that pursuant to local rules, only limited oral argument is permitted on law and motion matters. *** Plaintiff in pro per Taylor's third Motion for Judgment on the Pleadings is DENIED, as follows. Plaintiff's declaration in support of t...

Excerpt: ...dant Wellspace Health's motion for summary judgment or in the alternative, summary adjudication as against plaintiff in pro per is ruled on as follows. Moving counsel failed to comply with CRC Rule 3.1350(b) and (h), requiring that issues presented for summary adjudication be set forth in the notice of motion and repeated verbatim in the separate statement. Moving counsel failed to comply with CRC Rule 3.1350(g), requiring a single volume of evid...

Excerpt: ...tion subpoenas is ruled upon as follows. This is an action for negligence, sexual battery and battery between a high school teacher and his minor student. Trial has been continued three times. Trial was initially scheduled for 5/7/2018. Plaintiff moved to continue trial pursuant to the parties' stipulation. The Court granted the motion and rescheduled trial for 9/11/2018. The Court's order stated that “all the statutory deadlines, including dis...

Excerpt: ...ees and costs pursuant to settlement agreement is ruled upon as follows. Overview This is a lemon law action. On July 2016, Plaintiff purchased a new 2016 Jeep Cherokee. The vehicle was delivered to Plaintiff with serious defects and nonconformities to warranty and developed other serious defects and nonconformities to warranty including, but limited to, various engine, transmission, steering/suspension, and structural defects. Plaintiff filed th...

Excerpt: ...oila Esparaza's (“Plaintiff”) Motion to Compel Defendant Lefever Mattson Property Management (“Defendant”) to comply with its responses to Plaintiff's Request for Production (“RFP”) (Set One), Nos. 1‐4 and 8‐10 is ruled on as follows. In this action, Plaintiff alleges that Defendant wrongfully entered Plaintiff's rental unit and damaging and/or stealing items of Plaintiff's personal property. Plaintiff alleges causes of action aga...

Excerpt: ....ca.gov Defendant HBE Corporation's (“HBE”) Motion to Compel Arbitration of Plaintiff Gudgel Roofing, Inc. dba Yancey Roofing, Inc. (“Plaintiff”) and Stay the Action is GRANTED. Overview This is a construction defect action. On June 18, 2012, HBE entered into a designbuild contract (“Prime Contract”) with Willits Hospital, Inc. dba Frank R. Howard Memorial Hospital to construct the Frank R. Howard Memorial Hospital in Willits, Califor...

Excerpt: ...iff Kent Taylor's (“Plaintiff”) Motion to Reclassify this Action from “Limited Civil” to “Unlimited Civil” is DENIED. This is a landlord‐tenant action. On August 8, 2019, this Court granted Defendant Logos Property Investments LLC's ("Defendant") Motion to Reclassify Case From "Unlimited Civil" to "Limited Civil." (ROA 133.) In its ruling, the Court explained, “A motion to reclassify an unlimited case t...

Excerpt: ...dants' motion to re‐open discovery is GRANTED, as follows. Factual Background This action was commenced in September 2016 and both sides have had several different attorneys. The action has been set for trial several times but it has been continued for various reasons, twice at the request of plaintiff and twice at the request of defendants. Of particular note, when the matter was called for trial in March 2019, defendants reported that their a...

Excerpt: ...s “Motion to Enforce Settlement Agreement and Enter a Judgment Pursuant to the Terms of the Settlement” is ruled on as follows. The notice of motion does not provide notice of the Court's tentative ruling system, as required by Local Rule 1.06, and does not provide the correct address for Dept. 53/54. 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...

Excerpt: ...*** This matter is on calendar for oral argument only. The tentative ruling previously issued by the Court is set forth below. This matter was originally set for hearing on 8/7/2019 but was continued to this date to permit the Court to consider plaintiff's opposition papers and to permit defendants to file a reply to his opposition. The Court, having now considered the opposition and reply papers, issues the following tentative ruling. Defendants...

Excerpt: ....saccourt.ca.gov. *** Defendants' demurrer to the first and second causes of action alleged in plaintiff's complaint is SUSTAINED IN PART and OVERRULED IN PART, as follows. Plaintiff's counsel failed to comply with CRC Rule 3.1110(b)(3)‐(4). Factual Background This action arises from an incident occurring during a demonstration. The complaint alleges that an on‐duty Sheriff's Deputy driving a law enforcement vehicle struck the plaintiff as sh...

Excerpt: ...an, who are plaintiffs in this action. Milagros Rada also had a son who predeceased her, Rhosdon, whose five adult children are plaintiffs in this action‐ Rhosdon Jasper, Rhosdon Diamond, Rhosdon Gold, Rhosdon Dawn, and Rhosdon Donald.” (FAC, ¶ 6.) On 5/4/2018, Milagros was walking on the sidewalk in front of Hazel Strauch Elementary when Karen Mendoza drove out of the school parking lot and hit her. Plaintiffs allege that the intersection o...

Excerpt: ...efendant Norman Masters' (“Masters”) demurrer to Defendant/CrossComplainant Sheri Sepanski's (“Sepanski”) first amended cross‐complaint (“FAXC”) is ruled upon as follows. This action arises out of the past relationship between Masters and Sepanski, which apparently was rife with discord and alleged abuse. Sepanski alleges that she was the owner of an auto sales business, over which she claims that in December 2015 Masters “intenti...

Excerpt: ...** Defendants State of California ("State"), Xavier Becerra ("Becerra") and Brent E. Orick Orick"), Acting Chief of the California Department of Justice's Bureau of Firearms ("BOF") (collectively "Defendants") to the first amended complaint (“FAC”) is ruled on as follows. Overview This action was commenced by plaintiffs Franklin Armory, Inc. ("FAI"), a firearms manufacturer, and Sacramento Black...

Excerpt: ..."Galt Address"). Defendant moves to set aside pursuant to CCP 473.5, CCP 473(d), and under the inherent equitable power of the Court. The motion pursuant to CCP 473.5 is untimely. CCP 473.5 provides that "[t]he notice of motion shall be served and filed within a reasonable time, but in no event exceeding the earlier of: (i) two years after entry of a default judgment against him or her; or (ii) 180 days after service on him or her of ...

Excerpt: ...s' notice of motion and motion requests an order striking 12 different portions of Plaintiffs' complaint. The motion was made on grounds that these allegations were not drawn or filed in conformity with the law of this state, a court rule, or an order of the court. (Code Civ. Proc. § 436(b).) However, both Defendants' moving memorandum of points and authorities and its reply fail to present a single argument as to how any of these factual allega...

Excerpt: ... qualified as an insured under the policy. At some point, Bruce filed a gender discrimination, retaliation and defamation lawsuit against the Regents of the University of California and its employees, Enrequita Rico and Leana (“Bruce's Action”). As against Leana, Bruce alleged that she defamed him. Bruce ultimately dismissed Leana from the suit. On 10/16/2018, Leana filed a lawsuit against the Regents of the University of California, Patrick ...

Excerpt: ...Zoo fell on her. Plaintiff was working as a job coach for Cross‐Defendant Northern California InAlliance (“InAlliance”), a company that provides training to adults with disabilities to help them integrate into the community. On 3/25/2019, the City filed its answer to Plaintiff's' complaint. On 6/2/2016, City filed a cross‐complaint against InAlliance and Summer Owens for indemnity, apportionment of fault, and declaratory relief. InAllianc...

Excerpt: ...and Tracy Hicks on January 7, 2019, the deposition of Gerald Terrill on April 4, 2019, and the deposition of Tamara Keating on June 18, 2019. Additionally, on April 11, 2019, PDQ obtained DMV records showing that Jason Keating did not have any DUI offenses or accident on his DMV record for the 10 years prior to the accident. Based on these newly discovered facts, PDQ has moved again for summary judgment/adjudication, pursuant to CCP § 437c(f)(2)...

Excerpt: ...November 2015 at Vibra Hospital. Ms. Vaughn was transferred to Vibra for continued management of her IV antibiotics, wound VAC,, hemodialysis, physical therapy, and occupational therapy, after treatment for methicillin resistant staphylococcus aureus (MRSA), and prosthetic valve endocarditis at Sutter Medical Center Sacramento in September and October 2015. (Def. Ex. A at p. 32.). Ms. Vaughn's surviving spouse, Kevin Vaughn, Sr., and her adult ch...

Excerpt: ...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; Steed v. Department of Consumer Affairs (2012) 204 Cal.App.4th 112, 120‐ 121; Fremont Indem. Co. v. Fremont Gen. Corp. (2007) 148 Cal.App.4th 97, 113; 1 Witkin, Cal. Evid. (5th ed.) Judicial Notice, § 21 at p. 128 ["Judicial notice of the authenticity and contents of an official document does not est...

Excerpt: ...or plaintiff's failure to bring this matter to trial within five years. In advance of the motion's original 7/22/2019 hearing date, this Court issued a tentative ruling denying CDCR's motion on the ground that CDCR was not seeking to dismiss the action but rather just two of the five causes of action alleged in the Third Amended Complaint (“TAC”). After receiving additional briefing on the matter, the Court on 8/19/2019 issued a Ruling on Sub...

Excerpt: ...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. *** The motion of defendant Estate of Jason Christopher Keating, Deceased (“Estate”) for summary adjudication of issues as against plaintiffs is DENIED in its entirety, as follows. The Court notes that most, if not all, of the affirmative defenses implicated by this motion do not appe...

Excerpt: ...port animal. The employee threatened Plaintiff by stating that he would stomp on Plaintiffs support animal; taser Plaintiff; pepper spray Plaintiff; and call the police on Plaintiff. The employee violently grabbed Plaintiffs dreadlocks and dragged her out of the AM PM by her hair. Plaintiff filed this action on 10/23/2017. Her complaint asserts causes of action for assault, battery, IIED, Respondeat Superior, and Negligent Hiring/Training/Retenti...