Excerpt: ...James F. Lewin, erroneously believed that the Complaint was served by substituted service on TMLF, meaning that service would not be deemed complete until the tenth day after Plaintiff's counsel mailed a copy of the Complaint to TMLF. (Lewin Decl. ¶5.) TMLF never received a mailed copy of the Complaint, and as a result, Mr. Lewin failed to properly calendar a date to timely file a responsive pleading. (Id. ¶¶4‐5.) Plaintiff's counsel served ...

Excerpt: ...ber 20, 2016 when she fell at BJ's Restaurant as a result of Defendant's negligence. (UMF 1.) While Defendant fashions the instant motion as a Motion for Summary Judgment, Defendant presents two separate issues in its Separate Statement. The first Issue states: “Plaintiff's causes of action for negligence and premises liability fail as a matter of law because she has admitted Defendant was not negligent and that she has not suffered injury.” ...

Excerpt: .... Mar improperly and negligently performed the procedure, failing to exercise the proper degree of knowledge and skill in administering medical attention to Plaintiff, diagnosing Plaintiff, and treating Plaintiff during the procedure. (Compl. ¶9.) Plaintiff alleges that Dr. Mar's negligence caused Plaintiff damages, including physical and emotional pain and the inability to work. (Id. ¶10.) Dr. Mar moves for summary judgment on the ground he ac...

Excerpt: ...ncarcerated party within 48 hours of receipt. 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 the incarcerated party need not request oral argument. The Litigation Coordinator shall make plaintiff available, by Court Call at 9:00 a.m. on the date of the continued hearing date, which will be September 24, 2019 , to participat...

Excerpt: ...aimed to show the existence or non‐existence of a triable issue of material fact. *** Defendant Environmental Alternatives Corporation's (“EAC”) motion for summary judgment is ruled on as follows. Moving 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. Moving counsel failed to comply with CRC Rule 3.1354(b), which exp...

Excerpt: ...CTS The following facts are taken from the First Amended Cross‐Complaint filed by CrossComplainants Applied Underwriters Captive Risk Assurance Company, Inc. (AUCRA), and California Insurance Company (CIC) (together referred to as “Applied”). For purposes of demurrer, these facts are assumed to be true. In January 2013, Mountain F and Applied entered into agreements relating to Mountain F's purchase of workers' compensation insurance. (FACC...

Excerpt: ...Defendants Visit Elk Grove (“VEG”) and Rachel Brown's demurrer to the First Amended Complaint (“1AC”) ruled on as follows. Plaintiff's counsel failed to comply with CRC Rule 2.111(3). Plaintiff had a month‐to‐month contract whereby her company would provide various services to VEG, including web design, strategic planning and media relations. It is alleged that VEG's executive director expressed interest in a romantic relationship wit...

Excerpt: ...t 11 percent interest, with payments being made quarterly in an amount equal to fifteen percent of amounts received by Resighini from the Revenue Sharing Trust Fund, until paid in full. According to CalNev, Resighini made all required payments through December 2017, but failed to make any payments thereafter. CalNev contends Resighini still owes it at least $1.2 million. In an effort to collect, it has sued Resighini for breach of contract and tw...

Excerpt: ...t experienced ongoing and recurring problems with the right sliding door. Defendant has served three notices of depositions of Plaintiffs. The originally noticed depositions did not move forward. Plaintiffs served belated objections to the first amended notice of depositions, but Defendant's counsel had already driven from Roseville to Stockton to attend the deposition before he received the objections. The parties thereafter agreed to set the de...

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 Sacramento Metropolitan Fire District's (“District”) motion for summary judgment, or in the alternative, summary adjudication, is ruled upon as follows. Overview This is a personal injury action. Plaintiff Frankie Griffin alleges that on 2...

Excerpt: ...ties 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 Morton's of Chicago/Capital Mall, LLC's (“Defendant”) Motion for Summary Judgment is ruled upon as follows. This is a slip‐and‐fall action. Plaintiff Janet Tyer (“Plaintiff”) alleges one cause of action for premises liability against Defendant, arising from her slip and fall...

Excerpt: ...nce, 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.) The Court did not consider Plaintiff's declaration or the exhibits attached thereto that did not relate to counsel's meet and confer efforts. In ruling on a demurrer, the Court does not consider such extrinsic evidence or matters not subject to jud...

Excerpt: ...nd pending appeal or to restrain NEI from transferring assets is ruled on as follows. Moving counsel failed to comply with CRC Rule 3.1113(f). Factual Background This case arises out of NEI's purchase of a gas station. Plaintiff DAAC alleges that NEI breached an exclusive supply agreement for various products sold at the station. NEI filed a cross‐complaint (“X‐C”) against DAAC, Surinder Singh and Chandi Investments, Inc. (collectively �...

Excerpt: ...Plaintiffs allege claims against Westlake for violation of the Consumer Legal Remedies Act, Breach of Implied Warranty of Merchantability in violation of the Song‐Beverly Consumer Warranty Act, violation of Bus. & Prof. Code § 17200, Fraudulent Misrepresentation, and Negligent Misrepresentation, arising out of Plaintiffs' purchase of a used vehicle. The purchase contract was ultimately held by Westlake. Westlake now seeks to strike the portion...

Excerpt: ...Plaintiffs allege claims against Westlake for violation of the Consumer Legal Remedies Act, Breach of Implied Warranty of Merchantability in violation of the Song‐Beverly Consumer Warranty Act, violation of Bus. & Prof. Code § 17200, Fraudulent Misrepresentation, and Negligent Misrepresentation, arising out of Plaintiffs' purchase of a used vehicle. The purchase contract was ultimately held by Westlake. Westlake now seeks to strike the portion...

Excerpt: ...otion to compel defendant Hewlett Packard Enterprise Co.'s (“HPE”) further responses to special interrogatories and requests for production is ruled upon as follows. Opposing counsel failed to comply with CRC Rule 3.1110(b)(4). Factual Background This is a personal injury case arising from a motor vehicle collision. Plaintiffs allege that HPE and its employee, co‐defendant Wang, are liable for their injuries. According to defendants, Wang w...

Excerpt: ...le medical condition with intact skin. Plaintiffs allege that during his 14 day stay at Pine Creek, Mr. Rios developed bed sores that became infected, compromised his recovery from a hip fracture, destroyed his quality of life, and led to his death on March 16, 2018. Plaintiffs allege that defendants, including Pine Creek, vested discretionary decision‐making authority with personnel who ignored their obligations to provide basic care to Mr. Ri...

Excerpt: ...Support, and Respite Care. Marian passed away in June 2018. The action is brought by Marian, by and through her successor‐in‐interest Ann Wayland (“Ann”), and Ann Wayland, individually. Ann signed the admission agreement which included an arbitration provision. The agreement bound all parties to the agreement, their “spouses, heirs, representatives, executors, administrators, successors, assigns, managers, and agents as applicable.” (...

Excerpt: ...their initial complaint on 9/26/2018 asserting causes of action for Inverse Condemnation, Violation of 42 USC §1983, and Violation of Administrative Practices Act of California. The parties then stipulated to the filing of a first amended complaint that included that same three causes of action. Defendants demurred to the first amended complaint, which the Court overruled, in part, and sustained with leave to amend, in part. Plaintiffs filed a s...

Excerpt: ...to specific evidence which is claimed to show the existence or non‐existence of a triable issue of material fact. *** Defendant Guncha Sohi, D.D.'S. (“Sohi”) motion for summary judgment, or in the alternative, summary adjudication, is ruled upon as follows. Overview This is a dental malpractice action. Plaintiff Theodore White (“White”) alleges that codefendant David S. Park (“Park”) is a licensed dentist and employs dentists at his...

Excerpt: ...ther litigants and attorneys. (Williams v. Pacific Mutual Life Ins. Co. (1986) 186 Cal. App. 3d 941, 944.) Here, Plaintiff moves to vacate and set aside the judgment of dismissal entered on 1/4/2019. Plaintiff filed his initial complaint on 12/8/2016. Defendant, the City of Sacramento ("City") filed a demurrer and motion to strike on the ground that Plaintiff failed to comply with the Tort Claims Act, failed to state sufficient facts, and...

Excerpt: ...m a motor vehicle accident in which Plaintiff, while driving his vehicle, was rear‐ended by a concrete mix truck driven by Mr. Turner during the course and scope of his employment for Folsom Ready Mix, Inc. The force caused Plaintiff to also collide with the vehicle in front of him. On April 5, 2019, the Court granted Plaintiff's request for leave to amend to add a claim for punitive damages. At that time, the April 8, 2019 trial date was conti...

Excerpt: ...10, ¶ 3 of the Prayer for punitive damages. Plaintiffs oppose, arguing that they have sufficiently alleged the requisite “despicable” conduct ‐‐ a homeowner's association lying to them in order to force them to bear the cost of repairs ‐‐ to support an award of punitive damages under Civil Code § 3294. (Opp'n at 1‐4.) Plaintiff's Request for Judicial Notice, which attaches a copy of the pleading in this case, is unopposed and ...

Excerpt: ...“otto” project) over a four year period, but failed to do so. As a result, VSP contends that it was forced to exercise its “step‐in rights” under the TTDA and use a third party vendor, Managing Innovation and Technology, Inc. (“MINT”), to complete the project. VSP filed this lawsuit in October 2013, and PFO filed a cross‐ complaint thereafter, alleging that PFO's Vice President of Research & Development/Technology Hoa Nguyen lured...

Excerpt: ...dant objects to the Opposition on grounds of untimeliness. Although the Opposition papers were filed on July 29, 2019, several days past the filing deadline, Defendant was apparently able to prepare a response thereto. Plaintiff's counsel declares that the moving papers were served on July 1, just before the July 4 holiday, with no courtesy email copy sent by defense counsel, such that Plaintiff's first notice of the instant motion came on July 8...