Excerpt: ... of summons is ruled on as follows. The notice of motion does not provide the correct department or the time for hearing of this matter, which is 9:00 a.m. in Dept. 54 and not 2:00 p.m. in Dept. 53. Moving defendant is directed to contact opposing counsel and advise him/her of the correct department and the time for hearing of this matter. If moving defendant is unable to contact opposing counsel prior to hearing, moving defendant is ordered to a...

Excerpt: ...f alleges that he was “was injured in his health, strength and activity, sustaining injury to his body and shock and injury to his nervous system and person, all to his detriment, all of which injuries have caused, and continue to cause Plaintiff mental, physical and nervous pain and suffering.” Defendant propounded 112 special interrogatories with a number of photographs attached. The photographs depict Plaintiff in a variety of situations, ...

Excerpt: ...e ruling system as required by Local Rule 1.06(D), the notice does not comply with that rule. Moving counsel is directed to review the Local Rules, effective 1/1/2019. Both moving and opposing counsel failed to comply with CRC Rule 3.1110(b)(3)‐(4). Opposing counsel failed to comply with CRC Rule 3.1113(f). Factual Background This is a declaratory relief action whereby plaintiff, a financial advisor, seeks to invalidate the restrictive non‐co...

Excerpt: ...or of Defendant Akiba E. Green, D.O. (Dr. Green). In the underlying 12/07/18 order granting summary judgment, the court wrote: This is a medical malpractice case. […] The complaint contains allegations that Plaintiffs were injured when Bridges, the Minor's mother, gave birth to the Minor while under Dr. Green's care. The complaint contains two causes of action for medical negligence and a cause of action for emotional distress. The key allegati...

Excerpt: ...Background Plaintiffs in pro per's 2AC is on a Judicial Council Form which purports to assert a single claim for an unspecified “intentional tort” against Defendants. It is alleged that following a foreclosure sale of plaintiffs' home on 11/20/2017, Defendants were supposed to distribute surplus proceeds in early February 2018 and even notified plaintiffs the funds would be mailed out by the first week of February 2018. However, according to ...

Excerpt: ... Plaintiff Travelers Property Casualty Co.'s (“Travelers”) complaint is ruled upon as follows. The Court did not consider the Declaration of Mark R. Swartz (“Swartz Declaration”) since the Court does not consider such extrinsic evidence in ruling on a demurrer. The Court observes that attached to the Swartz Declaration are Exhibits A‐C that may be subject to judicial notice. Defendants, however, have not requested judicial notice. Exhib...

Excerpt: ...dure §583.310 and §583.360 since plaintiff failed to bring this action to trial within five (5) years. Coupled with the lack of opposition which is construed as a concession on the merits, this court will grant the motion to dismiss. Code of Civil Procedure §583.310 provides in its entirety: “An action shall be brought to trial within five years after the action is commenced against the defendant.” California law clearly holds that the fiv...

Excerpt: ...made by no later than 4:00 p.m. on Wednesday, March 6, 2019**** Plaintiff Reviver Financial, LLC, successor in interest to CNU of California, LLC dba Net Credit's motion for summary judgment is ruled upon as follows. This is an action for breach of contract and common counts. Plaintiff is a debt buyer. Plaintiff alleges that it purchased the loan between Defendant Daniel Hudson and CNU of California, LLC dba Net Credit. Plaintiff alleges that Def...

Excerpt: ...uest for oral argument must still be made by no later than 4:00 p.m. on Wednesday, March 6, 2019**** Defendants Robert Scott St. Clair, Hillary Jean St. Clair (collectively the “St. Clairs”), Mark Randall Swartz and that Law Offices of Mark R. Swartz's (collectively Swartz”) (all defendants are collectively referred to herein as “Defendants”) demurrer to Plaintiff Travelers Property Casualty Co.'s (“Travelers”) complaint is ruled up...

Excerpt: ...ater than 4:00 p.m. on Wednesday, March 6, 2019**** Plaintiff Eric Hunt's motion for protective order is ruled upon as follows. This is a motor vehicle, personal injury action. Plaintiff alleges that on 6/1/2016, Defendant Gary Peifer failed to drive at a safe speed and distance and crashed his truck into the rear of Plaintiff's vehicle. In his complaint, Plaintiff alleges that he was “was injured in his health, strength and activity, sustainin...

Excerpt: ...y no later than 4:00 p.m. on Wednesday, March 6, 2019**** *** If oral argument is requested, the parties are directed to notify the clerk and opposing counsel at the time of the request which of the Issues identified in the Notice of Motion and which of the Undisputed Material Facts offered by the moving defendants and/or the Additional Material Facts offered by plaintiff will be addressed at the hearing and the parties should be prepared to poin...

Excerpt: ... Any request for oral argument must still be made by no later than 4:00 p.m. on Wednesday, March 6, 2019**** The motion of Defendants Hartford Fire Insurance Company (“Hartford”), Matt Murphy (“Murphy”), and James Sweetman (“Sweetman”) for summary judgment, or in the alternative summary adjudication, as to the First Amended Complaint (“FAC”) of plaintiff Michael J. Widner (“Widner”) is granted in part and denied in part as set...

Excerpt: ...ral argument must still be made by no later than 4:00 p.m. on Wednesday, March 6, 2019**** Plaintiff's motion to compel third‐party Alta California Regional Center's (“ACRC”) compliance with subpoena duces tecum is UNOPPOSED and is GRANTED. This is an action for Dependent Abuse (W&I Code 15600 et seq.) and Violation of Resident's Bill of Rights. The action is brought by Plaintiff Kara Hagstrom ("Kara" or "Plaintiff&#...

Excerpt: ...ment must still be made by no later than 4:00 p.m. on Wednesday, March 6, 2019**** Plaintiffs General Charles E. Yeager (Ret.) and Victoria Yeager's (collectively “Yeagers”) motion to tax costs is ruled upon as follows. Overview This is a legal malpractice action brought by the Yeagers. According to the First Amended Complaint ("FAC"), Defendants represented them beginning in or about June 2009. The Yeagers breached their fee agreemen...

Excerpt: ...ate. Any request for oral argument must still be made by no later than 4:00 p.m. on Wednesday, March 6, 2019**** Defendants Windsor Sacramento Estates, LLC dba Windsor Care Center of Sacramento (“WCCS”) and S&F Management Company, Inc.'s (“S&F”)(collectively “Defendants”) Petition to Compel Arbitration is ruled upon as follows. Co‐Defendants Lawrence Feigen, Lee Samson (collectively “Managing Defendants”), and Windsor Haysac Hol...

Excerpt: ... as the motion is unopposed. On May 10, 2018, plaintiff Anthony Schwartz propounded Form Interrogatories ‐ General, Set One (1), Request for Admissions, Set One (I), Request for Production of Documents, Set One (1), and Special Interrogatories, Set One (1) on defendant Sharon L. Wessels. Defendant Wessels did not respond to any of the discovery, and Schwartz subsequently moved to compel responses on October 10, 2018. Defendant Wessels did not o...

Excerpt: ...5. Alpine brings this motion solely to compel Elliot to provide the original verification of the unverified responses served November 17, 2018. Alpine's counsel sent two letters to Elliot's counsel requesting Elliot's verification of the subject discovery responses. The first letter was dated November 27, 2018. The second letter was dated January 7, 2019. The second letter indicated that Alpine would file its motions to compel the verifications i...

Excerpt: ... on the pleading under submission following oral argument, the Court issued its order affirming the tentative ruling, granting the motion, and addressing matters raised at oral argument. On February 11, 2019, the Court entered judgment in the action in accord with its ruling on the motion for judgment on the pleadings. Once judgment has been entered, the court may not reconsider it and loses its unrestricted power to change the judgment. The cour...

Excerpt: ... stay entered on 1/18/19 is LIFTED. RRI's request for judicial notice is GRANTED. Factual / Procedural Background This is a residential landlord / tenant case. In his verified complaint, Plaintiff Michael Scallin (Scallin) identifies himself as the tenant, and he identifies Co‐Defendant Tom Blum (Blum) as a “known property owner.” A lease agreement (Lease) attached to the complaint identifies RRI as “Agent.” A move‐in inspection repor...

Excerpt: ...or, in the alternative, summary adjudication of issues is DENIED. Overview The complaint in this case contains causes of action against Valaga for negligence and premises liability. The plaintiff is Daniel Yakushchenko (Yakushchenko). Yakushchenko and Valaga are neighbors. On the date in question, Yakushchenko saw Valaga cutting limbs from a tree in the front yard of Valaga's property. (Undisputed Material Fact (UMF) 1.) Yakushchenko offered to h...

Excerpt: ...ng 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. The notice of motion does not comply with Code of Civil Procedure §1010 or CRC Rule 3.1110(a). Factual Background This is a cons...

Excerpt: ...ers. *** Defendant Norcal Masonry Builders, Inc.'s demurrer to Plaintiff Bay Cities Paving & Grading, Inc.'s second amended complaint (“SAC”) is ruled upon as follows. Plaintiff's request for judicial notice is granted, with the exception of Exhibit A ‐ webpage printout from California Secretary of State. CAB's request for judicial notice of certain webpages from the Department of Insurance is DENIED. As noted in Jolley v. Chase Home Financ...

Excerpt: ...collectively “Defendants”) is SUSTAINED with leave to amend. Defendants' request for judicial notice of the complaint and first amended complaint (FAC) is GRANTED. The Loan Modification Agreement and Forebearance Agreements attached as exhibits to the McLoon Declaration are STRICKEN. The court may not consider evidence at this juncture. In addition, the FAC makes no reference to the agreements, and federal rules authorizing courts to consider...

Excerpt: ... service. On 1/9/2019, Plaintiff filed a request for entry of default which was granted. Pursuant to CCP 585(a), “[i]n an action arising upon contract or judgment for the recovery of money or damages only, if the defendant has, or if more than one defendant, if any of the defendants have, been served, other than by publication, and no answer, demurrer . . . has been filed with the clerk of the court within the time specified in the summons, or ...

Excerpt: ...Vilayvan Phaouthoum's motion to compel further response to request for production is ruled upon as follows. This is a lemon law action. Plaintiff alleges that in March 2012, s/he purchased a used 2009 GMC Acadia. The vehicle allegedly suffered from serious defects and nonconformities, including but, not limited to steering and engine defects. To the extent Plaintiff is requesting that Defendant produce the documents that it agreed to produce in r...