Excerpt: ...g, (3) promissory estoppel, (4) negligence, and (5) fraud. Plaintiff also seeks to recover punitive damages and attorneys' fees. (Compl. at 1‐14.) This case arises from a borrower signing home loan origination documents in a name other than her legal name. Later, she divorced her husband, who was also her coborrower on the loan. Defendant allegedly stopped automatic withdrawals of mortgage payments from her account due to her husband's bankrupt...

Excerpt: ...t an emergency hearing was set for May 1 in the United States Bankruptcy Court for the Northern District of Texas, Case No. 17‐30355‐HDH, the outcome of which could substantively effect this motion. Accordingly, this motion was continued to May 16. After the Bankruptcy Court issued its order, the parties submitted separate briefs regarding same. At that time, VSP informed the Court that it filed a Motion for Reconsideration of the Bankruptcy ...

Excerpt: ...rwise assert that substantially‐compliant responses to defendant's requests for admissions have to date been served. Instead, the opposition does little more than argue that requests for admissions are “false and untrue.” However, all plaintiff needs to do to defeat the present motion is to serve “before the hearing on the motion” proposed responses that are in substantial compliance with the requirements of Code of Civil Procedure §20...

Excerpt: ...e specific discovery requests 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 of motion does not comply with Code of Civil Procedure §1010 or CRC Rule 3.1110(a). This is an elder abuse case which was filed on 8/7/2018. On 12/10/2018 VHS served by mail its responses to plaintiffs' form and special interrogatories, notin...

Excerpt: ...tify the clerk and opposing counsel at the time of the request which of the moving Defendants' 106 Undisputed Material Facts 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. *** Moving counsel failed to comply with CRC Rule 3.1350(b), requiring that issue(s) presented for summary adjudication be s...

Excerpt: ... Defendant Mike Thomas' demurrer to plaintiff's First Amended Complaint (“1AC”) is ruled upon as follows. Plaintiff's counsel failed to comply with CRC Rule 3.1113(f). Factual Background This action arises out of plaintiff's prior employment with defendant City of Sacramento's (“City”). Plaintiff was hired by City in early 2014 but maintains she was constructively terminated and forced into early retirement on or about 1/5/2018. She comme...

Excerpt: ...plaintiff 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 California Pharmacy and Compounding Center, Inc.'s (“CPCC”) motion for summary judgment is ruled upon as follows. Overview This is a putative class action. The representative plaintiff is Matt Gelso, Jr. (Gelso). Gelso alleges th...

Excerpt: ...tors is ruled upon as follows. I. Factual Background JFURTI filed suit in New York against defendants/judgment debtors Suneet Singal (“Singal”) and several business entities, ultimately obtaining a multi‐million dollar judgment. JFURTI sought and obtained the entry of a sister state judgment here in California in 2018 and is currently attempting to collect on the judgment through a variety of means. By this motion, JFURTI move for an order:...

Excerpt: ...e, when Arreola was negotiating a right‐hand curve at approximately 30 mph. He observed an object or animal on the roadway and made a turning movement to the left and braked to avoid it. The turning movement took him into the dirt and gravel shoulder and the car collided with a tree. Plaintiff filed the action against Arreola on 12/14/2015. On 11/6/2014, Plaintiff was in a car accident with Jessica Williams (“Williams”). Plaintiff was drivi...

Excerpt: ... Defendant's counsel is unable to contact Plaintiff's counsel prior to the hearing, Defendant's counsel shall be available at the hearing, in person or by telephone, in the event Plaintiff's counsel appears without following the procedures set forth in Local Rule 1.06(B). Defendant's motion for an order compelling further responses to Defendant's special interrogatories, set one (“SIs”) and request for production of documents, set one (“RFP...

Excerpt: ...is a pregnancy discrimination action arising out of Plaintiff Brook Huangs' (“Plaintiff”) employment with Defendant. Plaintiff was hired by Defendant around September 2013, after Defendant acquired Golden State Collision (“GSC”). At the time of the acquisition, Plaintiff worked for GSC. Before the acquisition closed, a group of Defendant's employees visited the GSC location where Plaintiff worked and offered the GSC employees the opportun...

Excerpt: ... plaintiffs seek an order compelling non‐parties' compliance with subpoenas. To add to the confusion, the notice of motion by its own terms indicates that plaintiffs are seeking an order compelling compliance with only a singular subpoena, while the moving papers elsewhere suggest plaintiffs are actually seeking to compel compliance with several subpoenas. Moreover, for unknown reasons, the notice of motion does not identify by name those non�...

Excerpt: ... was filed in early 2017. The original trial date of 4/22/2019 was recently continued by stipulation and order to 9/23/2019. Moving defendants seek to file a cross‐complaint for indemnity against not only the other defendants but also one new party which is alleged to have expressly agreed to indemnify moving defendants. Plaintiff opposes. Although plaintiff is correct that the proposed indemnity cross‐complaint is not compulsory but rather i...

Excerpt: ..."Lease"). Defendant OM Fitness, LLC ("OM") is the guarantor of PFLLC's obligations under the Lease. PFLLC ceased paying rent on October 1, 2018 and has paid no rent since then. (Declaration of Frederick Vitt (“Vitt Decl.”), ¶ 2.) In November 2018, Plaintiff filed its first action against PFLLC and OM. (Sacramento Superior Court, Case No. 34‐2018‐ 00244607.) In December 2018, Department 53 granted Plaintiff's writ ...

Excerpt: ...e 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; Steed v. Department of Consumer Affairs (2012) 204 Cal.App.4th 112, 120‐121.) Overview This case follows entry of a money judgment in Solano County Superior Court against plaintiff herein Arthur Scott Dockter (“Dockter”) in 1998. In his first amended complaint (“FAC”), D...

Excerpt: ... As a result, Plaintiff must obtain pre‐filing order from the Presiding Judge before he can file new litigation in pro per. At the time Plaintiff was declared a vexatious litigant, the instant action was pending. Subsequent to the vexatious litigant finding, Plaintiff filed a First Amended Complaint and Second Amended Complaint in this action, which added a number of new defendants, DOE defendants and causes of action. On December 12, 2018, Pla...

Excerpt: ...ruling. The Governor's demurrer to the first amended complaint (FAC) is SUSTAINED in part without leave to amend and DROPPED in part as moot. The Governor's motion to strike is DROPPED as moot. The Governor's request for judicial notice (RJN) is GRANTED. In the absence of any prejudice, the Governor's objection to the addition of CDCR Secretary Scott Kernan as a defendant is OVERRULED. Overview Plaintiff Michael Shannon advances a variety of ...

Excerpt: ...and 38, is granted in part and denied in part as set forth below. Plaintiff's concurrent motion for monetary sanctions in the amount of $2,796.50 is denied. Defendant's counter request for sanctions in denied. Notice to Putative Class Members A threshold and core issue underpinning the parties' discovery disputes over most of the identified discovery requests is whether the putative class members are entitled to some form of prior notice and oppo...

Excerpt: ..., while at a Target store with his parents, he fell on a slippery spot on the floor and suffered a concussion. Cortez was approximately 17‐ months‐old at the time and was holding his father's hand. (See Undisputed Material Facts (UMF) 1, 3, 4; Opp. at 2:11‐13.) Target moves for summary judgment. Cortez opposes. Discussion Preliminarily, Cortez' request for a second continuance to complete discovery is denied. On 2/01/19, the court granted C...

Excerpt: ...efendant's 25 Undisputed Material Facts, plaintiff's 52 Additional Material Facts and/or defendant's 14 Additional Material Facts 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. *** Moving counsel failed to comply with CRC Rule 3.1350(b), requiring that the issue(s) presented for summary adjudica...

Excerpt: ...wsuit in March 2017. Throughout the litigation, Shacklefoot's sole cause of action has been one for motor vehicle negligence. Among the defendants are One Call Medical, Inc. (NJ) dba One Call Care Management, and Zonecare USA of Delray, LLC (FL) dba One Call Care Transport + Translate (collectively “One Call”) (sued as One Call Care Management, One Call Medical, Inc. and Coral Acquisitions, Inc.). Shacklefoot alleges that “One Call provides...

Excerpt: ...t is permitted on law and motion matters. *** Defendant California Department of Corrections and Rehabilitation's (“CDCR”) demurrer to plaintiff in pro per's Second Amended Complaint (“2AC”) is SUSTAINED with leave to amend, as follows. Plaintiff in pro per failed to comply with CRC Rule 2.111(3). Factual Background This action arises from plaintiff's employment with CDCR, where he had worked for over 23 years before retiring on 3/1/20018...

Excerpt: ...lliot & Sons (collectively “Plaintiffs”). They allege that they are farmers whose crops were damaged after an herbicide was used on an adjacent property. Plaintiffs allege that Defendants and others recommended and sold the herbicide, and that Defendants and others supervised the herbicide's application. The FAC contains causes of action against Defendants for negligence, trespass, nuisance, strict liability for ultrahazardous activities and ...

Excerpt: ... 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 in person or by telephone. Opposing counsel failed to comply with CRC Rule 2.111(3) and Rule 3.1110(b)(3)‐(4)...

Excerpt: ...stem, 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 in person or by telephone. Factual Background Plaintiff filed suit in New York against defendants Suneet Singal an...