Excerpt: ...ant's 140 Undisputed Material Facts, which of plaintiff's own 104 Additional Material Facts, and/or which of the parties' written objections to evidence will be addressed at the hearing. The parties should be prepared to point to specific admissible evidence which is claimed to show the existence or non‐existence of a triable issue of material fact. *** Both defendant's and plaintiff's counsel included in their respective separate statements a ...

Excerpt: ...urt'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. Factual Background This action was commenced on 9/24/2021 to prevent the foreclosure sale of plaintiffs' home, which was then set for 10/8/2021. The sole named defendant is Rushmore Loan Management Services (“RLMS”), which beg...

Excerpt: ...rked for Respondent as an hourly, non‐exempt employee from May 11, 2020, to August 9, 2020. When Petitioner applied for the job, the employment application he filled out contained an arbitration provision. (Gonzalez Decl. ¶ 3, Exh. A (Employment Application).) The application is in Spanish, but Petitioner states the terms are not relevant to this petition because after Petitioner was hired, on or about May 11, 2020, he entered into a second ar...

Excerpt: ...ely “Plaintiffs”). Plaintiffs filed their complaint on September 23, 2021. On February 4, 2022, Defendant filed a motion to compel Plaintiffs' individual claims to arbitration. (ROA 10.) Defendant supported the motion with the Declaration of John Cassidy (“Cassidy”), Defendant's Chief Financial Officer. Plaintiffs filed their opposition on March 2, 2022. Plaintiffs disputed that they electronically signed the arbitration agreement, and ob...

Excerpt: ...e of motion. The correct address for Department 54 of the Sacramento County Superior Court is 813 6th Street, Sacramento, California 95814. Defendants shall notify Plaintiff immediately. Request for Judicial Notice Defendants' request for judicial notice of the Employment Agreement between Plaintiff and California Northstate is granted. Plaintiff alleges his former employment with California Northstate was governed by an employment agreement, but...

Excerpt: ...e (“OSC”) re contempt and an OSC re sanctions against plaintiffs Elijah D. Matoza and Katie Vick (collectively, “Plaintiffs”) is DENIED. On September 21, 2021, this Court granted Defendants' motions to compel Plaintiffs to serve further responses to Defendants' special interrogatories and requests for production. Plaintiffs were ordered to serve verified further responses no later than October 8, 2021, and to pay monetary sanctions in the...

Excerpt: ...udicial notice of the Court's Order denying plaintiff Scott Buchanan's (“Buchanan”) motion for summary adjudication dated February 22, 2021 is granted. Admiral's request for judicial notice submitted on reply of the same Order is also granted. Admiral's Material Facts Sacramento Spine filed this action against Admiral, its professional liability insurer, claiming Admiral wrongfully refused to defend and indemnify it against a lawsuit brought ...

Excerpt: ...ence related to repetitive injuries to her arm in 2016. She returned to work in September 2016 and resumed full‐time duties in December 2016. In October 2017, she was given a verbal warning, memorialized in writing, for violations of Defendant's time‐card policies. She was subsequently given a written corrective notice for time card violations in January 2018. Plaintiff requested a grievance hearing to contest the discipline. Sometime after t...

Excerpt: ... system as required by Local Rule 1.06(D). Patriot is ordered to notify Plaintiff immediately of the tentative ruling system and the manner to request a hearing. If Patriot is unable to contact Plaintiff prior to hearing, moving counsel is ordered to appear at the hearing. Patriot's request for judicial notice of various Orders staying matters issued by the San Diego County Superior Court, the Los Angeles County Superior Court, Orange County Supe...

Excerpt: .... *** Plaintiff Carolyn Carisoza‐Howard's motion to compel further responses to discovery is ruled upon as follows. This is an employment action. Plaintiff alleges FEHA race harassment and retaliation, Labor Code retaliation, failure to prevent retaliation and harassment, failure to pay minimum wages, failure to pay overtime wages, meal period liability, rest break liability, failure to provide accurate itemized wage statements, waiting time pe...

Excerpt: ... Complaint. (2) It was also unclear how the parties determined the November 28, 2021 end date for Class Members/Class Period. (3) Plaintiff alleges that he was employed with Defendants until July 25, 2020. Thus, it appears that there is a portion of the Class Period (July 26, 2020 to November 28, 2021) where Plaintiff was no longer employed with Defendants and is not a suitable class representative for that class period. (4) Plaintiff did not inc...

Excerpt: ...alifornia Department of Corrections and Rehabilitation (“CDCR”) and Kevin Loe's (“Loe”) demurrer to Plaintiff Christopher Hildreth's (“Plaintiff”) first amended complaint (“FAC”) is ruled upon as follows. The Court notes that Plaintiff dismissed Loe on 4/13/2022. Therefore, the Court will only address the demurrer as to CDCR. Overview Plaintiff is an employee with CDCR. In May 2020, Plaintiff was stationed to work at High Desert S...

Excerpt: ...ceria”), (collectively “Defendants”), filed an untimely opposition on 4/15/2022. Pursuant to the Court's Order on 3/7/2022, any opposition papers were to be filed and served by 4/14/2022. (ROA 18, p. 3.) The Court will nonetheless consider the opposition in the interests of justice. Plaintiffs' timely reply is considered herein. The Court will not consider the unauthorized supplemental declaration of Gordon Egan filed on April 25, 2022. Pla...

Excerpt: ...rch 15, 2022. The caption provides the correct date. TikTok's counsel is directed to notify the interested parties of the correct hearing date. Non‐party TikTok asserts this subpoena arises from an action filed and pending in the United States Bankruptcy Court for the Middle District of Florida (the "Bankruptcy Court"). (Motion, 3.) That lawsuit concerns a Chapter 7 bankruptcy filing by debtor Faith Elyzabeth Antonio ("Antonio"). TikTok is not ...

Excerpt: ...elephone” with the party filing the pleading that is the subject of the motion to strike. (Bold added for emphasis.) The proof of service attached to the moving papers fails to comply with Code of Civil Procedure §1013a, requiring the “exact title” of each document being served. Plaintiffs' counsel failed to comply with CRC Rule 3.1113(f). Factual Background This action arises from a contract relationship whereby was AGS to provide HVAC sy...

Excerpt: ...malpractice. Defendant filed motion for summary judgment on 5/26/2016 and it was subsequently granted on the first of two grounds advanced ( i.e., statute of limitations). Plaintiffs filed on 11/7/2016 an appeal which was successful and a remittitur was issued on 6/1/2018. In December 2018 defendant filed an application to extend time for selecting trial and settlement conference; this application was granted on 1/2/2019 and a Case Management Con...

Excerpt: ...aring. Counsel are also reminded that pursuant to local court rules, only limited oral argument is permitted on law and motion matters. *** Defendants Segal & Associates, PC and Malcolm S. Segal's (collectively, “Defendants”) bring this motion to compel Plaintiffs East West Bank (the “Bank”) and Solar Eclipse Investment Fund XXXV's (the “Fund”) (collectively, “Plaintiffs”) further responses to form interrogatories, special interro...

Excerpt: ... is alleged that both apartments suffered from various habitability issues and that defendants violated several different laws. The original complaint filed on 5/24/2021 specifically named just two defendants, Sun Valley Apartments, LLC and Dhir. Paragraph 2 expressly alleges that Sun Valley Apartments, LLC, Dhir and Does 1‐30 “owned, controlled, and/or managed the units that Plaintiffs resided in during all relevant time periods in this comp...

Excerpt: ...ion arises from a failed personal relationship between plaintiff and defendant Bryant who had been engaged to be married. The complaint in part alleges that defendant Bryant was in September 2018 arrested after using a vehicle in an attempt to strike plaintiff and shortly thereafter, defendant Bryant and defendant Lorca conspired to seek a restraining order against plaintiff without actually serving her with notice of the hearing. According to th...

Excerpt: ...RC Rule 3.1350(g), requiring a single volume of evidence (including declarations) with a table of contents when the evidence exceeds 25 pages. Factual Background This litigation arises out of plaintiff's personal loan to defendant Mann. The complaint alleges that defendant applied for and received the loan, made payments on the loan balance but subsequently defaulted by failing to make the required minimum payments and has since refused to bring ...

Excerpt: ... of demurrer. The correct address for Departments 53 and 54 of the Sacramento County Superior Court (Law and Motion) is 813 6th Street, Sacramento, California 95814. Request for Judicial Notice Defendant's request for judicial notice of the following is granted: 1) That Plaintiff filed a government claim against the Defendant on September 23, 2021; 2) That Defendant issued a Notice of Untimely Claim to Plaintiff on October 6, 2021; 3) The Proof o...

Excerpt: ...s. *** If oral argument is requested, the parties must at the time oral argument is requested notify the clerk and opposing counsel of the specific issues identified below that will be addressed at the hearing. Counsel are also reminded that pursuant to local rules, only limited oral argument is permitted on law and motion matters. *** Factual Background This action arises from the fractured relationship between the Trust and Plaintiff and nomina...

Excerpt: ... of its contents. (See Professional Engineers v. Dep't of Transp. (1997) 15 Cal.4th 543, 590.) “There exists a mistaken notion that this means taking judicial notice of the existence of facts asserted in every document of a court file, including pleadings and affidavits. However, a court cannot take judicial notice of hearsay allegations as being true, just because they are part of a court record or file. A court may take judicial notice of the...

Excerpt: ... to compel pro per Plaintiff Victoria Yeager's further responses to Form Interrogatories is ruled upon as follows. Defendant moves to compel further responses to Form Interrogatory Nos. 2.5, 2.11 and 9.1.) Here, the record demonstrates that Plaintiff serve her initial responses on November 12, 2021. She served a first amended response on December 28, 2021. She served second amended response on January 11, 2022. Plaintiff opposes the motion. Timel...

Excerpt: ...tigative subpoena duces tecum for the production of papers and documents to Respondent William Bresnick, M.D. (“Respondent”). The subpoena sought the patient medical records for two patients, CB and BH, in connection with allegations of improper prescribing practices and unprofessional conduct emanating from violations from the standard of care. The subpoena was served on Respondent on August 2, 2021, and required the papers and records liste...

Excerpt: .... (“Wells Fargo”). According to the FAC, Plaintiffs are the parents of Decedent Deniece Abraham (“Decedent”). On November 27, 2019, (1) Wells Fargo negligently entrusted and permitted Malbrough, a Wells Fargo employee, to operate a Nissan Altima; (2) Wells Fargo knew or should have known that Malbrough was incompetent and unfit to operate the vehicle; (3) Wells Fargo used Malbrough as the driver of its ride‐ sharing transportation servi...

Excerpt: ...otion 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' counsel and advise counsel 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 Plaintiffs' counsel prior to hearing, moving counsel is ordered to appear at the hearing via Zoom or by telephone. This is a personal...

Excerpt: ...prior to the hearing, GM's counsel shall be available at the hearing, by 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). GM's demurrer to Plaintiff Jesus Ceja's (“Plaintiff”) sixth cause of action for fraud by omission is OVERRULED as follows. Factual Background This action arises from Plaintiff's October 10, 2019 pu...

Excerpt: ...anner to request a hearing. If moving counsel is unable to contact Defendant's counsel prior to hearing, moving counsel is ordered to appear at the hearing via Zoom or by telephone. Background This is lemon law action filed by Plaintiff Bryant Suggs (“Plaintiff”) against Defendant FCA US LLC (“Defendant”). On November 23, 2021, this matter came on for scheduled trial. According to the Court's November 23, 2021 minute order (“November 23...

Excerpt: ...up, LLC dba Residence Inn by Marriot Chico; Starwood Capital Group Global 1, LLC; and Marriott International, Inc. Plaintiffs field a First Amended Complaint on September 21, 2020, identifying, among others, Unicontrol as defendant Doe No. 6. (ROA 146.) Plaintiffs' action arises from their stay at the Residence Inn by Marriott in Chico on the night of July 26, 2017. Plaintiffs allege they were exposed to carbon monoxide due to one or more of thre...

Excerpt: ...r Judicial Notice of the First Amended Complaint is GRANTED. BACKGROUND According to Plaintiff's First Amended Complaint (“FAC”), in October 2018, the parties entered into a written commercial lease (“Lease”) whereby Plaintiff would lease to Defendant certain retail space (“the Premises”) in the Crocker Village Shopping Center in Sacramento for the operation of a pizza business. The Lease also included the construction of the Premises...

Excerpt: ...3 6th Street, Sacramento, California 95814. Defendants shall notify Plaintiff immediately. Plaintiff filed the Complaint for professional negligence on September 22, 2021. Generally, the Complaint alleges Defendants performed services for Plaintiff between 2010 and 2020 and he has now been damaged via tax penalties and audits because Defendants breached the standard of care for accountants. Defendants demur to the first and only cause of action f...

Excerpt: ...ent action arising out of Plaintiff's employment with Defendant. Plaintiff has worked as a Sheriff Officer for over 25 years and is still currently employed. He was accused of harassment in 2016 by an employee and received a Letter of Reprimand (“LOR”) that was removed two years later. Plaintiff alleges he received assurances that the LOR would not adversely affect his career, but the LOR has prevented him from promoting. Plaintiff alleges he...

Excerpt: ...ed relevant by the Court in making its ruling on the instant motion. Factual Background Plaintiff alleges claims for trespass, nuisance, assault, interference with economic advantage, and related claims arising out of Defendant Justin Capella's (“Defendant”) alleged interference with Plaintiff's property. Plaintiff is the owner of a condominium building project known as Mystique ("Project"), located at 3007 Enchanted Walk, Sacramento, Califor...

Excerpt: ...ss in its notice of motion. The correct address for Department 54 of the Sacramento County Superior Court is 813 6th Street, Sacramento, California 95814. Plaintiff shall notify Defendants immediately. This action arises out of the 2016 death of the minor Plaintiff's father, Milton Beverly, Jr. (“Beverly”) who was at the time a prison inmate. Plaintiff's original theory of liability against defendant California Department of Corrections and R...

Excerpt: ...e of Motion does not provide notice of the Court's tentative ruling system, as required by Local Rule 1.06(D). FCA's counsel is directed to contact opposing counsel forthwith to advise counsel of Local Rule 1.06 and the Court's tentative ruling procedure. If FCA's counsel is unable to contact opposing counsel prior to the hearing, FCA's counsel shall be available at the hearing, by Zoom as stated in the introductory NOTICE to today's Tentative Ru...

Excerpt: ...service on December 17, 2021. Default was entered on January 4, 2022. Default judgment was entered on January 24, 2022. Defendant now moves for mandatory relief due to attorney mistake pursuant to CCP §473(b). In support of the motion, Defendant's counsel, Stephen Lopez states: “2. On or about December 20, 2021, I was informed by my client that they had been served with the complaint in the above‐captioned matter. I immediately prepared an a...

Excerpt: ...ion Plaintiff alleges causes of action against Defendant in its first amended complaint (“FAC”) for breach of contract, misappropriation of trade secrets and “larceny” in connection with allegations that Defendant, an engineer formerly employed by Plaintiff, went to work for Alpha Elevator Control, Inc. (“Alpha”) a direct competitor. Plaintiff alleges Defendant downloaded and copied nearly 26,000 files from its computers to his person...

Excerpt: ...ant to CCP § 170.1(a)(6)(A)(i) on March 25, 2022. In this action Plaintiff alleges causes of action against Defendants for misappropriation of trade secrets, breach of contract, breach of fiduciary duty, conversion, “larceny,” unfair competition, and tortious interference with contractual relations. The Court must note that the first amended complaint (“FAC”) referred to by the parties does not yet appear in the Court's file, only the or...

Excerpt: ...n for determination of good faith settlement is ruled upon as follows. The Court, in its discretion, has considered the oppositions filed by Plaintiff and the Settling Cross‐Defendants, which were filed one day late on March 24, 2022. BTA does not argue that it has been prejudiced by the delay, and the Court finds no such prejudice. BTA filed a timely reply to both oppositions. Background The following procedural and factual background is relev...

Excerpt: ...'s (“Plaintiff”) motion to compel certain deponents to answer deposition questions is GRANTED as follows. Background This is an employment law case, in which Plaintiff alleges, inter alia, that he has been subjected to discrimination and retaliation by his employer California Department of Corrections and Rehabilitation. In September 2021, Plaintiff's counsel noticed several depositions, including those of Michael Arca, Kashif Ali, Michael Fe...

Excerpt: ...of the fact that Employer's demurrer has been sustained with leave to amend. The Court sustained Employer's demurrer to Plaintiff's original complaint with leave to amend. (ROA 18.) Plaintiff filed a FAC on October 29, 2021. (ROA 20.) Factual Allegations On or about October 2017, Plaintiff was hired to work for Employer and ultimately worked as a Licensed Broker Service Representative. (FAC ¶ 10.) On or about June 2020, Plaintiff had a high‐ri...

Excerpt: ...unsel is unable to contact opposing counsel prior to the hearing, Defendant's counsel shall be available at the hearing, by 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). Defendant's demurrer to Plaintiff Mohammad Reza Safirian's Complaint is SUSTAINED with leave to amend. This action arises out of a commercial lease ag...

Excerpt: ...ions, to Hindy's Special Interrogatories, Set One, Nos. 12, 15, 18, 21, 24, 27, 30, 33, 36, 39, and 42 is ruled upon as follows. On February 3, 2021, Defendants filed their Cross‐Complaint. On October 22, 2021, Hindy served Defendants with Set one of their Special Interrogatories, Form Interrogatories, Request for Admissions, Request for Production of Documents, and Declarations in support of additional Special Interrogatories and Requests for ...

Excerpt: ...st, defendant will be referred to as “Porter Trustee.” Porter and Porter Trustee will be referred to collectively herein as “Defendants.” Factual and Procedural Background This action arises out of a dispute between plaintiffs McMillan Storage, LLC (the “LLC”), an Idaho limited liability company, and Marvin Remmich, as Trustee of the 2004 Marvin A. Remmich and Susan P. Remmich Community Property Trust U/D/T Dated September 2, 2004 (�...

Excerpt: ...lation of various Labor Codes, including failure to provide rest and meal breaks, unpaid wages, and failure to provide accurate wage statements (Labor Code §226.) The complaint asserts a single PAGA cause of action. Defendants move to strike the following allegations regarding wage statements (“Wage Statement Allegations”): ∙ “Page 7, lines 21‐24: Wage Statements. Additionally, Defendants failed to provide wage statements in compliance...

Excerpt: ... the manner to request a hearing. If moving counsel is unable to contact plaintiff prior to hearing, moving counsel is ordered to appear at the hearing. FACTS: Plaintiff's Amended Complaint (“FAC”) asserts causes of action for (1) failure to compensate for productive time, nonproductive time, and rest and recovery periods, (2) failure to pay full wages when due, (3) violations of California record keeping provisions, (4) failure to provide me...

Excerpt: ...Rules, only limited oral argument is permitted on law and motion matters. *** Plaintiff's notice of motion again 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 the correct department for the hearing of this motion, the correct address for Dept. 53/54, Local Rule 1.06 and the Court's tentative ruling procedure and the manner...

Excerpt: ...itt (“Plaintiff”), First Amended Complaint (“1AC”) is ruled upon as follows. Defendants have indicated the incorrect address in their notice of motion. The correct address for Department 54 of the Sacramento County Superior Court is 813 6th Street, Sacramento, California 95814. Defendants shall notify Plaintiff immediately. Request for Judicial Notice Defendants' request for judicial notice (“RJN”) of the PERSCare Evidence of Coverage...

Excerpt: ...ed at the hearing. The parties are also reminded that pursuant to local rules, only limited oral argument is permitted on law and motion matters. *** 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 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 ...

Excerpt: ...et for hearing in December 2021 but was continued to this date by the Court, which now rules as follows. *** If oral argument is requested, the parties must at the time oral argument is requested notify the clerk and opposing counsel of the specific issues identified below that will be addressed at the hearing. Counsel are also reminded that pursuant to local rules, only limited oral argument is permitted on law and motion matters. *** The notice...

Excerpt: ...uest for judicial notice of Plaintiffs' Complaint filed on May 10, 2017, the Court's multiple rulings on Defendants' demurrers, and the State of California Secretary of State records for Marcus Underwood, P.C. is granted. Factual and Procedural Background Plaintiffs commenced this action on May 10, 2017. The original Complaint contained causes of action for: (1) breach of contract; (2) breach of the implied covenant of good faith and fair dealer;...

Excerpt: ...Sacramento, et al., Sacramento Superior Court Case No. 2017‐00206890, is granted. Objections to Evidence Plaintiff's objections to evidence are overruled. Defendants' object to Plaintiff's attachment of Exhibits 3, 6, and 7 to the opposition on the grounds the documents were part of a privileged investigation conducted by an outside attorney and are protected by the attorney client privilege and attorney work product doctrine. Defendants furthe...

Excerpt: ...a of Northern California and Northern Nevada's (“Defendant”) motion to dismiss this action based on failure to prosecute within five years is GRANTED. Plaintiff in pro per Raymond M. Douglas (“Plaintiff”) filed this action on July 15, 2016. Defendant filed an Answer on October 20, 2016. (ROA 28.) Plaintiff filed the First Amended Complaint on August 2, 2016, and the Second Amended Complaint (“SAC”) on September 10, 2021. (ROAs 7, 52.)...

Excerpt: ... of the Court's tentative ruling system, as required by Local Rule 1.06. Moving counsel is directed to contact defendants 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 defendants prior to hearing, moving counsel is ordered to appear at the hearing. This is a personal injury action arising out of an accident between two trucks. Mulligan, whi...

Excerpt: ...ember 16, 2021, Plaintiff served objections asserting, among other objections, that she needs to reschedule her deposition, will only appear via video due to her concerns regarding Covid, and that she fears for her safety if she appears in person and Defendant is also present. (Couchot Decl. ¶ 5, Exh. D.) Counsel for the parties then exchanged emails to address Plaintiff's objections. Defendant's counsel addressed Plaintiff's Covid concerns by s...

Excerpt: ...of the motion, the Court must still hold a hearing on the motion as it may involve the receipt of evidence. Although the Court anticipates that no party will request oral argument, and while no class member indicated any intent to appear at the hearing, this does not relieve the parties from appearing at the hearing or otherwise render the instant ruling final in the event oral argument is not requested. The Court will not render a final ruling u...

Excerpt: ...ed at 1402 O Street, Unit A (the “Unit”) from Defendant. Plaintiffs filed their Complaint on September 9, 2021, alleging the following 13 causes of action against Defendant: (1) Tortious Breach of the Implied Warranty of Habitability (Civil Code § 1941 et seq.); (2) Contractual Breach of the Implied Warranty of Habitability (Civil Code § 1941 et seq.); (3) Breach of Contract (Civil Code § 3300 et seq.); (4) Breach of Quiet Enjoyment (Civil...

Excerpt: ...contact Plaintiff prior to the hearing, Defendant's counsel shall be available at the hearing, by Zoom as stated in the introductory NOTICE to today's Tentative Rulings, in the event Plaintiff appears without following the procedures set forth in Local Rule 1.06(B). Defendant's motion for summary judgment is UNOPPOSED and GRANTED. Defendant's request for judicial notice is granted. This is a premises liability action arising from an incident that...

Excerpt: ...icipal code and enacting anew title 8 regarding animals.” The relevant sections of the Elk Grove Municipal Code (“EGMC”) were amended after this ordinance was enacted. (See City of Elk Grove Ord. 4‐2013 § 2, eff. 4/12/2013.) The Court, on its own motion, takes judicial notice of the sections of the Elk Grove Municipal Code cited in this ruling that were in effect at the time of the subject incident. (See Pinela v. Neiman Marcus Group, In...

Excerpt: ..., Sacramento, California 95814. Defendant FCA shall notify Plaintiff Charles Matthews (“Plaintiff”) immediately. 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 Plaintiff's counsel 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 plai...

Excerpt: ...y objections, to Defendant's (1) Special Interrogatories (Set One); and (2) Request for Production of Documents to Plaintiff (Set One), which this Court, on January 31, 2020, ordered Plaintiff to produce. Plaintiff further moves this Court for an order requiring Plaintiff and his attorney to pay monetary sanctions to Defendant in the amount of $29,910.00 under CCP § 2023.010 et seq. Defendant's motion is brought on the grounds that Plaintiff has...

Excerpt: ...s, Inc. (“Defendant MKS”), and Newport Corporation (“Defendant Newport”) as defendants, and alleged seven causes of action: (1) Breach of Written Master Services Agreement (2) Breach of Implied Covenant of Good Faith and Fair Dealing (MSA) (3) Promissory Estoppel (4) Breach of Implied in Fact Contract (5) Breach of Third‐ Party Beneficiary Contract (6) Breach of Implied Covenant of Good Faith and Fair Dealing (7) Breach of Fiduciary Dut...

Excerpt: ... *** Defendants and Cross‐Complainants Christine Evans and Richard Evans (collectively the “Evans”) motion to compel Plaintiff and Cross‐ Defendant Aspen G LLC's (“Aspen”) further responses to special interrogatories (set two) is ruled upon as follows. Aspen's action against the Evans is for breach of contract and common counts ‐ money owed. Aspen alleges that on 8/31/2005, the Evans obtained a loan for $120,000 with First Franklin ...

Excerpt: ... 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 CSAA Insurance Exchange's (“CSAA” or “Defendant”) motion for summary judgment, or in the alternative, summary adjudication is ruled upon as follows. Overview This is an insurance bad faith action. Plaintiff Kelly Alexander alleges that she is severely hea...

Excerpt: ...tter Crossing, LLC and FPI Management, Inc.'s (collectively “ Defendants”) demurrer to Plaintiffs' complaint is ruled upon as follows. Overview This is an action by a tenant and her family against their residential landlord and apartment manager. Plaintiffs allege that during their occupancy the property was defective in repair and maintenance, in that, among other things: the building permitted intrusion of water into its interior; the prope...

Excerpt: ...omplaint on May 17, 2021. Plaintiff alleges that “as a result of Defendant's ongoing policy and/or practice of failing to provide cash to consumers wishing to redeem a gift card with a cash value less than $10.00, or alternatively, Defendant's failure to maintain a policy and/or practice of complying with Civil Code section 1749.5(b)(2), Defendant has violated and will continue to violate consumers' statutory rights pursuant to Civil Code secti...

Excerpt: ... ("Samantha"), Elizabeth Osborn ("Elizabeth"), and Lucy Stem Guevara's ("Lucy")' (collectively, the "Osborn Plaintiffs") SAC is ruled on as follows. Hyundai Defendants' Request for Judicial Notice is GRANTED. Osborn Plaintiffs' Request for Judicial Notice in support of its opposition is GRANTED. In taking judicial notice of these documents, however, the court does not accept the truth of the factual assertions therein. (Herrera v. Deutsche Bank N...

Excerpt: ...Sacramento, California 95814. The notice of motion does not provide notice of the Court's tentative ruling system, as required by Local Rule 1.06. Defendant is directed to contact Plaintiff's counsel and advise him or her of Local Rule 1.06 and the Court's tentative ruling procedure and the manner to request a hearing. If Defendant is unable to contact plaintiff prior to hearing, Defendant is ordered to appear at the hearing. This products liabil...

Excerpt: ...in part with leave to amend as to the fifth cause of action for conversion. Requests for Judicial Notice The Law Firm Defendants' request for judicial notice is granted. Plaintiffs' request for judicial notice is granted. In taking judicial notice of these documents, the Court accepts 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 [judicial notice of finding...

Excerpt: ...ndant”) in the amount of $9,921.05 arising from allegations that Defendant caused a car collision. The parties entered a written Stipulation for Entry of Judgment in June 2021. Defendant and Plaintiff agreed to a settlement of $9,921.05 to be made in monthly payments of $50 beginning July 1, 2021 and continuing thereafter pursuant to the written terms of the agreement, by Defendant to Plaintiff. The agreement provides that the Court retained ju...

Excerpt: ...is not considered by this Court. Defendant's reply arguments are considered herein. Facts This personal injury matter arises from a car accident that occurred on May 15, 2019. Plaintiff filed the instant complaint on April 9, 2021 alleging general negligence. Defendant brings the instant motion pursuant to Code of Civil Procedure section 664.6 on the basis that Plaintiff erroneously signed an email correspondence with Plaintiff's insurance adjust...

Excerpt: ...gate was formed in 1964 as a limited equity low‐income co‐operative housing project. Plaintiff Southgate filed its Complaint on January 18, 2022, and named the State of California Department of Housing and Community Development (“Defendant HCD”) as the sole defendant. On December 22, 1992, Plaintiff Southgate borrowed the sum of $2,197,725.00 from Defendant HCD pursuant to a Rehabilitation Loan Agreement for the “rehabilitation of the R...

Excerpt: ...The Court observes that although Plaintiffs filed an opposition, there is no valid proof of service of the opposition. The Court also notes that Defendant's memorandum of points and authorities approximately 16 pages long. The Court declines Plaintiff's request to “ignore” the demurrer due to being slightly over the 15 page limit. Defendants' request for judicial notice is granted. In taking judicial notice of these documents, the court accep...

Excerpt: ... Lathum (collectively “Plaintiffs”). Defendant moves to compel Plaintiffs' individual claims only and to stay the action pending arbitration. I. Legal Standard “Under both federal and state law, the threshold question presented by a petition to compel arbitration is whether there is an agreement to arbitrate.” (Sparks v. Vista Del Mar Child and Family Svcs. (2012) 207 Cal.App.4th 1511, 1517.) “Absent a clear agreement to submit disputes...

Excerpt: ...oint to specific evidence which is claimed to show the existence or non‐existence of a triable issue of material fact. *** Defendants Ocwen Loan Servicing LLC; Deutsche Bank National Trust Company as Trustee for Long Beach Mortgage Loan Trust 2004‐3, Asset‐Backed Certificates, Series 2004‐3; and PHH Mortgage Corporation's (collectively "Defendants") motion for summary judgment, or in the alternative, summary adjudication is ruled upon as ...

Excerpt: ...2015, Plaintiffs were disqualified from further representing Ms. Hill in the Hill Action. On or about June 2, 2015, Hill engaged Defendant Port Parker (“Parker”) to take over representing Hill in the Hill Action. Moving Defendants represented the malpractice defendants in the Hill Action. On October 14, 2015, Plaintiffs filed a “Notice of Lien” in the Hill Action. Plaintiffs served the Notice of Lien on Moving Defendants. On or about Augu...

Excerpt: ... Defendant's request for judicial notice is granted as to Exhibit 1, Plaintiff's Complaint filed in this action. Defendants' request for judicial notice as to the remaining exhibits, Exhibits 2, 3, and 4 is denied as the documents obtained from Yelp are not the proper subject of judicial notice. As noted in Jolley v. Chase Home Finance, LLC (2013) 2013 Cal.App.4th 772, "we know of no 'official Web site' provision for judicial notice in California...

Excerpt: ...liation. On June 24, 2020, Plaintiff filed a Request for Dismissal of her second cause of action. Notice of Entry of Dismissal was filed on July 16, 2020. (ROAs 19, 20.) The City now moves for summary judgment on Plaintiff's sole remaining cause of action for FEHA age discrimination on the ground that the City had a legitimate, nondiscriminatory reason for the termination of Plaintiff's employment ‐ that she was not performing to the satisfacti...

Excerpt: ...of the State of California, County of Sacramento (the "Spears Action"). Plaintiff Spears asserted the following claims against Defendant: (1) unfair competition in violation of Cal. Bus & Prof. Code §§ 17200, et seq.; (2) failure to pay overtime wages in violation of Cal. Labor Code § 510; (3) failure to provide accurate itemized wage statements in violation of California Labor Code § 226; and, (4) failure to provide wages at termination in v...

Excerpt: ...occurred in the Spring of 2020 when plaintiff Leslie White (“Leslie”) was suspected to have suffered a heart attack. Generally, Plaintiffs contend Dignity failed to promptly diagnose and treat Leslie and failed to provide Laurie, his wife, with meaningful updates about his condition and treatment. The claim they were forced to wait for hours before any treatment or information was provided. Plaintiffs filed their First Amended Complaint (“1...

Excerpt: ...nt to specific evidence which is claimed to show the existence or non‐existence of a triable issue of material fact. *** Cross‐Defendant RMA Group's (“RMA”) motion for summary judgment against Defendant and Cross‐ Complainant Flatiron West, Inc.'s (“FWI”) cross‐complaint is ruled upon as follows. I. Overview This is a personal injury action arising from a construction‐site accident involving Plaintiff, Dean Robbins (“Plaintiff...

Excerpt: ...). The demurrer is OVERRULED IN PART and SUSTAINED IN PART as follows. JUDICIAL NOTICE Defendants' Request for Judicial Notice is ruled on as follow: 1) Proclamation of State of Emergency issued on November 8, 2018, and Executive Order B‐57‐18: GRANTED (Evid. Code, § 452(c)), but the Court's notice is limited to the existence of the documents, not the truth of the matters stated therein or that might be deduced therefrom. 2) CalRecycle's Inv...

Excerpt: ...ndisputed Material Facts, which of plaintiff's own 323 Additional Material Facts, and/or which of the parties' objections to evidence will be addressed at the hearing. The parties should be prepared to point to specific admissible evidence which is claimed to show the existence or non‐existence of a triable issue of material fact. *** Defendant's counsel failed to comply with CRC Rule 3.1350(b), requiring that issues presented for summary adjud...

Excerpt: ...at pursuant to local rules, only limited oral argument is permitted on law and motion matters. *** Moving counsel failed to comply with CRC Rule 3.1110(b)(3)‐(4). Factual Background In March 2019 plaintiff commenced this action for breach of contract and breach of guaranty against defendants Abdul Esmail and Archcon Development & Construction Group, Inc. (“ADC”), both of whom thereafter jointly filed a cross‐complaint against plaintiff an...

Excerpt: ... The notice of motion does not provide notice of the Court's tentative ruling system as required by Local Rule 1.06(D). Defendants' counsel is ordered to notify responding party immediately of the tentative ruling system and the manner to request a hearing. If Defendants' counsel is unable to contact responding party prior to hearing, moving counsel is ordered to appear at the hearing. This action arises out of an alleged business venture relatin...

Excerpt: ...collectively, “Defendants”) is UNOPPOSED and GRANTED. On February 26, 2019, plaintiff Tyler Crum (“Crum”) filed a Class Action Complaint against S&D in Sacramento County Superior Court alleging claims for failure to pay overtime, failure to provide meal and rest periods, failure to provide accurate itemized wage statements, failure to provide wages when due, unfair competition, and violation of PAGA (the “Crum Action”). On November 13...

Excerpt: ...against defendant Hunter William Graham (“Defendant”). Plaintiff sets forth the following nine material facts in its separate statement for both causes of action. Defendant applied to Plaintiff for a credit card account and entered into a written credit card account agreement with Plaintiff for the account number ending in 5620 (the "Account"). (UMFs 1, 10.) Defendant agreed to be bound by the terms and conditions set forth in the Cardmember ...

Excerpt: ...ovide notice of the Court's tentative ruling system as required by Local Rule 1.06(D). Moving counsel is ordered to notify the responding party immediately of the tentative ruling system and the manner to request a hearing. If moving counsel is unable to contact the responding party prior to hearing, moving counsel is ordered to appear at the hearing. Plaintiff Staci Goodson (“Plaintiff”) filed the Complaint on August 6, 2021. Defendant is a ...

Excerpt: ...position from the Court's website on February 23, 2022, and timely filed a reply brief on February 25, 2022. Defendants do not argue that they have been prejudiced by the delay in their obtaining a copy of Plaintiff's opposition, and the Court finds no such prejudice. Factual and Procedural Background This is a personal injury action arising out of a motor vehicle accident that occurred on April 10, 2015. Plaintiff Joseph Alega (“Plaintiff”) ...

Excerpt: ...(unpaid meal period premiums), (3) violation of Labor Code § 226.7 (unpaid rest period premiums), (4) violation of Labor Code §§ 1194 and 1197 (unpaid minimum wages), (5) violation of Labor Code §§ 201 and 202 (final wages not timely paid), (6) violation of Labor Code §§ 226(a) and 1174(d) (non‐compliant wages statements/records), (7) violation of Labor Code §§ 2800 and 2802 (unreimbursed business expenses), (8) violation of Labor Code...

Excerpt: ...aintiffs”) allege was executed between Plaintiffs and Defendants to manage Plaintiffs' investments. Plaintiffs filed their Complaint on August 24, 2021, alleging causes of action for: (1) professional negligence, (2) breach of fiduciary duty, (3) fraud, and (4) breach of contract. Defendants move to compel arbitration and stay this action pursuant to the arbitration provision of the investment contract. Plaintiffs filed a notice of non‐ oppos...

Excerpt: ...aims Unit re: Jeff Baoliang Zhang is DENIED. Ms. Gedjeyan's declaration states there is no record of any claim filed with, or presented to, the Government Claims Program by Plaintiff for any date range. Defendant argues the Court may take judicial notice of this declaration because it is a record of an administrative agency and an “official act of the legislative, executive, or judicial departments” of the State of California. (Evid. Cod § 4...

Excerpt: ...dvise 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. Moving counsel failed to comply with CRC Rule 3.1110(b)(3)‐(4). Factual Background This action was commenced by plaintiff ESM on 4/21/2016 with a complaint seeking recovery of roughly $...

Excerpt: ...sts 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. *** Both moving and opposing counsel failed to comply with CRC Rule 3.1110(b)(3)‐(4). In this action plaintiff alleges she was groped by defendant while at a local restaurant. According to the moving papers, defendant pled no contest to a charge of lewd conduct but now refuses ...

Excerpt: ...nd the opposing party of the specific discovery requests 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. *** This consolidated action arises out of a multiple motor vehicle accident which occurred in September 2019. Farmers' complaint alleges that defendants negligently caused this accident and as a result, Farmers became obligate...

Excerpt: ... counsel of the specific causes of action that will be addressed at the hearing. Counsel are also reminded that pursuant to local rules, only limited oral argument is permitted on law and motion matters. *** Factual Background This legal malpractice action was commenced by plaintiffs in pro per in Nevada County Superior Court on 1/24/2013, with the 1AC being filed several months later on 7/11/2013. According to the 1AC, plaintiffs retained defend...

Excerpt: ...cal 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. Factual Background This is a putative class action against TSE, described as a “courier company performing pac...

Excerpt: ...t defendant Farid “was operating a black 2020 Volkswagen Jetta owned by Defendant [EAN]” and “was travelling northbound on San Juan Avenue in the City of Citrus Heights…when he caused a motor vehicle collision against [sic] Plaintiff Patty McCoy.” The complaint purports to assert two causes of action for general negligence and for motor vehicle negligence, both of which are asserted against both defendants Farid and EAN. Demurrer. EAN n...

Excerpt: ...ovember 16, 2021, and it was scheduled for hearing on January 6, 2022. Plaintiff Joshua Paul (“Plaintiff”) filed an opposition on December 22, 2021. On December 30, 2021, Defendant filed correspondence continuing the hearing to today's date (February 16, 2022). Thereafter, on January 13, 2022, Defendant filed an Amended Notice of Motion, as well as a new Memorandum of Points and Authorities in Support. The Court did not consider the new Memor...