Excerpt: ... extending below the bottom of the page, bearing the exhibit designation. Plaintiff filed this action on July 31, 2021, against defendants Fiona Ma, Treasurer of the State of California (“Ma”), and STO (collectively, “Defendants”). Plaintiff alleges claims for sexual harassment, race discrimination, disability discrimination, wrongful termination in violation of public policy, and intentional infliction of emotional distress. On October 6...

Excerpt: ...f the motion herein, the Court must still hold a hearing on the motion as it may involve the receipt of evidence or an appearance by a Class Member. 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. T...

Excerpt: ...mination, retaliation, and failure to prevent action against defendant California Highway Patrol (“CHP”). Plaintiff filed her Complaint on March 5, 2021. Plaintiff alleges Sergeant John Wilson (“Sgt. Wilson”) began harassing and discriminating against her based on her gender in May of 2018. Plaintiff alleges Sgt. Wilson berated her, criticized her appearance, stripped her of substantive work and gave it to male officers, rejected her requ...

Excerpt: ... (“SAXC”) is ruled upon as follows. This motion was continued from January 12, 2022, to today's date, to be heard concurrently with CEE's motion for leave to file a Third Amended Cross‐Complaint. Cross‐Defendants' request for judicial notice of certified records from the California Contractors State License Board (“CSLB”) for CEE and California Gas Gathering Inc. and CEE's Proof of Claim filed in the United States Bankruptcy Court, Ea...

Excerpt: ...��PCI”) to act as the advertising agency of record for Plaintiffs and to purchase media on their behalf. Defendant Lori Porter (“Lori”) is the President of PCI, a shareholder and co‐ owner of PCI, and is married to Defendant William Porter (“William”). William is a shareholder and co‐owner of PCI. William is also an attorney and President and principal shareholder of Defendant Porter Law Group, Inc. (“PLG”). Plaintiffs allege th...

Excerpt: ...l disabilities. Each received PPP loans due to the COVID‐19 pandemic. Some of the Plaintiffs have received PPP loan forgiveness, while others are awaiting determination for their application for loan forgiveness. Plaintiffs allege that during the COVID‐19 State of Emergency, “DDS was (and is) required by law to authorize payment for absences that resulted from the closure of programs and inability or unwillingness of consumers to attend in�...

Excerpt: ...idence objected to was not material to the Court's tentative ruling. Background The present lawsuit is brought by Plaintiff Farrell York (“York”) against Defendants. Plaintiff is represented by Attorney Lewis. As relevant to this motion, Attorney Lewis represents another plaintiff, Rebecca Lane (“Lane”) in a separate action against City ‐ Sacramento Superior Court Case No. 34‐2018‐00235362. Prior to filing this lawsuit York filed a ...

Excerpt: ...A)(i) on January 21, 2022. This action arises out of a dispute between Defendant and Plaintiff Quest Media & Supplies, Inc. related to an IT Infrastructure Managed Services Enterprise Services Agreement (“Agreement”) which permitted Defendant to terminate it at its convenience, otherwise it was to expire on December 31, 2016. Specifically Plaintiff alleges that pursuant to the Agreement, it purchased certain computer/IT equipment which it cla...

Excerpt: ...served and filed separately . . . .Objections to specific evidence must be referenced by the objection number in the right column of a separate statement in opposition or reply to a motion . . . .”] Moreover, in Defendant's opposition brief [incorrectly labeled as “Plaintiff's Memorandum of Points and Authorities in Opposition of Motion for Summary Judgment”], Defendant objects to the “Declaration of Plaintiff's Qualified Witness” and a...

Excerpt: ...es of action for: (1) failure to pay overtime wages, (2) wage statement violations, (3) waiting time penalties, (4) unfair competition, (5) failure to reimburse expenses, (6) failure to pay accrued vacation, (7) meal period violations, (8) rest period violations, (9) Private Attorney Generals Act, (10) failure to pay minimum wages, and (11) violation of Labor Code § 204. Defendants have denied the allegations and any liability, but the parties w...

Excerpt: ...rer that will be addressed at the hearing. The parties are also reminded that pursuant to local Court rules, only limited oral argument is permitted on law and motion matters. *** The notice of demurrer 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 ...

Excerpt: ... to evidence 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 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 reque...

Excerpt: ... 813 6th Street, Sacramento, California 95814. Request for Judicial Notice Defendant's request for judicial notice of the Complaint in this action is granted. Defendant's request for judicial notice of Plaintiff's responses to Metro Surveillance Security's requests for admissions is also granted. The requests for admission of which Defendant requests the Court to take judicial notice are as follows: RFA No. 1: Admit that you were issued a Notice ...

Excerpt: ...Street, Sacramento, California 95814. Factual and Procedural Background In March of 2013, Mutti entered into business with defendant Nachhattar Sing Chandi (“Chandi”) to acquire real estate and a gas station. (FAC ¶ 9.) Neither Mutti nor her husband were experienced in the business or acquisition of a gas station, but allege Chandi represented the money Mutti invested would go towards purchasing half the shares of the corporation (Orchard) t...

Excerpt: ...ian L. Porter Revocable Trust, defendant will be referred to as “Porter Trustee.” Porter and Porter Trustee will be referred to collectively herein as “Defendants.” Defendants' request for judicial notice is granted. Factual and Procedural Background The Instant Action 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...

Excerpt: ...on arises from Plaintiffs' former tenancy at Defendants' single family home at 8932 Hollowstone Way in Sacramento. Plaintiffs resided at the property starting on February 1, 2019, until they were formally evicted on February 2, 2021. (See Case No. 20UD106999.) In January of 2021, Judge R. Steven Lapham ruled on the merits after a two‐day trial and issued judgment for Defendants requiring Plaintiffs to relinquish possession of the property and p...

Excerpt: ...vidence. (See, CRC Rule 3.1352, 3.1354.) This action arises out of an auto accident that occurred on January 31, 2018, near the intersection of Greenback Lane and Madison Avenue. On the evening of the 31st, two vehicles struck the decedent, Deborah Garza, as she cross the street at Greenback Lane. Decedent was struck first by a Ford F‐150 pick‐up truck. Approximately 40 seconds thereafter, while Decedent was laying prone in the road, she was ...

Excerpt: ...he Labor Code. Specifically, Plaintiff alleges Defendant required her to arrive before her shift began to wait for deliveries, open the restaurant if the employee scheduled to open did not show up for work, and/or be prepared to open in the event that the employee scheduled to work did not appear. Plaintiff also alleges Defendant further prohibited Plaintiff and the PAGA Settlement Employees to leave the restaurant during their breaks and therefo...

Excerpt: ...osing party prior to hearing, counsel for moving party shall be available at the hearing, in person or by telephone, in the event opposing party appears without following the procedures set forth in Local Rule 1.06(B). Defendants SPARC Group, LLC and Eddie Bauer, LLC's (collectively “Eddie Bauer”) petition to compel arbitration and stay the action is GRANTED as follows. Eddie Bauer's Request for Judicial Notice Eddie Bauer submitted a request...

Excerpt: ...f Costs filed on 10/12/2021 is ruled upon 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 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 app...

Excerpt: ...arty is unable to contact counsel for opposing party prior to hearing, counsel for moving party shall be available at the hearing, in person or by telephone, in the event opposing party appears without following the procedures set forth in Local Rule 1.06(B). Defendant Theresa Westphal's (“Defendant”) motion to compel further responses to Special Interrogatories, Set One, and request for monetary sanctions is GRANTED as follows. Overview This...

Excerpt: ...uance request was filed by that date. On January 31, 2022 ‐ one day before the issuance of the Court's tentative ruling and two days before the hearing on this motion ‐ Plaintiff's counsel filed a response requesting a continuance of the motions. Plaintiff's counsel avers that he failed to calendar the motion and has been recently ill. However, Plaintiff's counsel concedes that he received a call from Defendants' counsel asking about Plaintif...

Excerpt: ...f alleges that Chambers sexually harassed Plaintiff beginning in July 2017 and CDCR retaliated against Plaintiff when she complained of the sexual harassment. (Second Amended Complaint (“SAC”) ¶¶ 36‐42.) Plaintiff alleges that due to the retaliation, Plaintiff suffered a workplace injury on or about December 20, 2017. (SAC ¶ 43.) By this motion, Plaintiff moves to compel CDCR to produce the following documents: 1. Any and all documents, ...

Excerpt: ... 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. Plaintiff failed to comply with CRC Rule 3.1110(b)(3)‐(4). Factual Background According to Plaintiff, SME is a business which transports ve...

Excerpt: ...counsel of the causes of action that will be addressed at the hearing. The parties are also reminded that pursuant to local court rules, only limited oral argument is permitted on law and motion matters. *** Overview This action was commenced on 12/2/2019. The 2AC filed on 9/13/2021 alleges that defendants CDSS and the California Office of Administrative Hearings (“OAH”) “revoked Plaintiffs' licenses and denied their applications,” with C...

Excerpt: ...f fiduciary duty. Plaintiffs have also asserted causes of action for conspiracy to commit trespass to chattels and trespass to chattels; conspiracy to violate Penal Code §502(c) and violation of same; and conspiracy to interfere with prospective business advantage and interference with prospective business advantage against both the aforementioned attorney defendants but also Porter Communications, Inc. (“PCI”) and Lori Porter (“Lori”), ...

Excerpt: ... post‐judgment Memoranda of Costs filed on 10/12/2021 is ruled upon 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 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, movi...

Excerpt: ...care's (collectively, “Plaintiffs”) request for judicial notice is unopposed and granted. On April 1, 2021, Plaintiffs filed a Verified Complaint against Defendant asserting four causes of action for breach of written contract, open book account, constructive trust, and unjust enrichment. Defendant was served by substituted service on June 2, 2021. (ROA 6.) On July 14, 2021, Plaintiffs filed a Request for Default that was entered the same day...

Excerpt: ..." x 11" sheet with hard paper or plastic tabs extending below the bottom of the page, bearing the exhibit designation. This action arises from an injury plaintiff in pro per Norma Pedroza Chavez (“Plaintiff”) sustained during a fitness class at Orange Theory in Folsom, California on September 3, 2015. (UMF 1.) Plaintiff contends she twisted her ankle after tripping on a newly installed floor mat. Plaintiff filed her original Complaint on Sept...

Excerpt: ...adjudication is GRANTED as follows. Defendants failed to comply with CRC Rule 3.1110(f)(3) which requires that each paper exhibit must be separated by a hard 8 ½" x 11" sheet with hard paper or plastic tabs extending below the bottom of the page, bearing the exhibit designation. Plaintiffs Jeanne Brazzil and her husband, Tim Brazzil (collectively, “Plaintiffs”) filed their Complaint for personal injuries and damages on December 13, 2018. Spe...

Excerpt: ... “Plaintiff Dionysios Yuri Shallan's motion for final approval of class action and PAGA settlement is unopposed and GRANTED pending the final fairness hearing to be held on this date. (CCP § 382, CRC Rule 3.769.) This is a class and representative action alleging the defendant employer violated a number of wage‐and‐hour provisions. The settlement class is defined as ‘All of Defendant's current and former non‐exempt banquet employees wh...

Excerpt: ...stic tabs extending below the bottom of the page, bearing the exhibit designation. This action arises from two separate accidents in Sacramento County. The first accident took place on December 5, 2016. The second accident took place on July 25, 2018, involving Juan Munoz and Ansar Choudhry. Mr. Munoz and Mr. Choudry settled for $20,000. (Oppo., Exh. G.) The accident at issue by this motion is as follows. On December 5, 2016, defendant Oleshko wa...

Excerpt: ... Notice Regents' request for judicial notice of the FAC in this action and a court record from El Dorado County Superior Court (“Own Recognizance/Conditional Release on Bail Agreement/Pre Trial Program”) is granted. Plaintiffs Leigh Bacco‐Scribner (“BaccoScribner”) and Matt Scribner's (individually “Scribner,” or collectively “Plaintiffs”) request for judicial notice of the FAC in this action, Regents' Demurrer, and the Court's ...

Excerpt: ...Plaintiffs' filed an untimely opposition only six court days prior to the hearing in violation of CCP § 1005. Defendants were served with the opposition seven court days prior to the hearing on January 10, 2022. (Arel Decl. ¶¶ 3‐ 4.) On reply, Defendants urge the Court to disregard the opposition as it only allowed them one day to prepare and file a reply brief. While the Court in its discretion has considered the untimely opposition in reac...

Excerpt: ...nd SUSTAINED with leave to amend in part. This is a non‐judicial foreclosure action. Plaintiffs filed the Complaint on August 25, 2021, a day prior to the then‐scheduled trustee's sale, alleging the following four causes of action: (1) violation of Homeowners Bill of Rights (“HBOR”); (2) unfair business practices; (3) breach of contract; and (4) breach of implied covenant of good faith and fair dealing. Defendants demur to each cause of a...

Excerpt: ...endants Sergey and Lyubov Petrashishin's (collectively “Defendants”) demurrer to Plaintiffs Tom and Gayle Smith's Second Amended Complaint (“SAC”) is UNOPPOSED and is ruled upon as follows. This lawsuit arises out of a dispute between neighboring property owners. Plaintiffs allege that in June 2019, Defendants entered into a settlement agreement with Plaintiffs. Plaintiffs allege that paragraph 3(f) of the settlement agreement “included...

Excerpt: ...t part: “Pursuant to Code of Civil Procedure § 998, Defendant Hyundai Motor America (“HMA”) hereby offers to compromise this action as follows: 1. With respect to Plaintiffs' 2012 Elantra VIN KMHDH4AE4CU415620 (“Subject Vehicle”), HMA will pay the total amount of $78,000.00 to Sarah G. Lopez and Julie A. Cosgrove‐Garcia (jointly "Plaintiffs") and Plaintiffs' lender, if any (if there is an outstanding loan on the vehicle, the lender s...

Excerpt: ... No. 15.1 is ruled upon as follows. Procedural History Plaintiffs served Form Interrogatory (set one) via email on October 7, 2021. Defendant timely served his responses on November 9, 2021. Defendant, however, failed to include a response to Form Interrogatory No. 15.1. On November 10, 2021, Plaintiffs emailed Defendant notifying him that a response to Form Interrogatory No. 15.1 was missing. (Declaration of Lisa R. Roberts (“Roberts Decl.”)...

Excerpt: ...ounty Assessment Appeals Board) “Final Decision” dated November 21, 2019, “adopted the Assessor's revised opinions of value, which were based on the assessable interest (leased fee or equivalent) used by the Assessor in violation of SBE Rules 2, 4 and 8, and California case law; the valuation methods used by the assessor which violated SBE Rules 4, 6 and 8; and the Board assessed the value of exempt intangible assets subsumed in the assessm...

Excerpt: ...State of Idaho, Canyon County, records from the Idaho Supreme Court, and the scheduling order issued by the arbitrator in the Idaho Arbitration. (Defendant's Request for Judicial Notice (“RJN”) Exs. A‐G.) Defendant's request for judicial notice is GRANTED in its entirety. Overview Allegations in this Action In 2018, Plaintiffs, Defendant, and non‐party Off‐Spec Solutions, LLC (“Off‐Spec”) entered into a Membership Interest Purchas...

Excerpt: ...referenced by the objection number in the right column of a separate statement in opposition or reply to a motion . . . .”] In Defendant's response to Plaintiffs' Separate Statement of Additional Material Facts (“AMF”), Defendant responded with objections, but did not file a separate objection pleading or comply with the other format requirements of Rule 3.1354. Therefore, the Court declines to rule on Defendant's objections stated in its r...

Excerpt: ...n to set aside default is GRANTED. Plaintiffs Kan‐Di‐Ki, LLC dba Tridentcare and Community Mobile Ultrasound LLC db/a Tridentcare's (collectively, “Plaintiffs”) request for judicial notice is unopposed and granted. On April 1, 2021, Plaintiffs filed a Verified Complaint against Defendant asserting four causes of action for breach of written contract, open book account, constructive trust, and unjust enrichment. Defendant was served by sub...

Excerpt: ...Sharp Source (“Sharp Source”) to serve verified further responses to Plaintiff's Request for Production of Documents, Set One, numbers 11‐14, 17, 18, 27, 28, and 51‐54 and produce all responses records and to compel defendant Garib Karapetyan (“Karapetyan”) to serve verified further responses to Plaintiff's Request for Production of Documents, Set One, numbers 5, 13, 15, 17, 18, 44, and 47‐50 is DENIED. Sharp Source and Karapetyan s...

Excerpt: ...inding arbitration is GRANTED. Mercedes‐Benz' request for judicial notice of the Complaint in this action is granted. Plaintiff Ivan Makovey's (“Plaintiff”) objection to the entire declaration of Soheyl Tasildoost is overruled. This is a lemon law lawsuit involving the lease of a 2020 Mercedes‐Benz GLB 250 vehicle (the “Vehicle”). Plaintiff filed his Complaint on July 6, 2021, alleging claims for violation of the Song‐Beverly Consum...

Excerpt: ...ctively, “Defendants”) motion for summary judgment or, in the alternative, summary adjudication is GRANTED as follows. Defendants failed to comply with CRC Rule 3.1110(f)(3) which requires that each paper exhibit must be separated by a hard 8 ½" x 11" sheet with hard paper or plastic tabs extending below the bottom of the page, bearing the exhibit designation. Plaintiffs Jeanne Brazzil and her husband, Tim Brazzil (collectively, “Plaintiff...

Excerpt: ... January 27, 2022. On December 16, 2021, the Court issued the following tentative ruling after requiring the parties' appearance: “Plaintiff Dionysios Yuri Shallan's motion for final approval of class action and PAGA settlement is unopposed and GRANTED pending the final fairness hearing to be held on this date. (CCP § 382, CRC Rule 3.769.) This is a class and representative action alleging the defendant employer violated a number of wage‐and...

Excerpt: ...ectively, “Defendants”) demurrer to Plaintiff's Complaint is OVERRULED in part, and SUSTAINED with leave to amend in part. Defendants' request for judicial notice is DENIED as to Exhibits 1 (compilation of Courthouse News Service (“CNS”) search results for Plaintiff's name), 14 (CNS search results for Plaintiff's counsel's firm), 15 (Defendants' websites), and 16 (Defendants' websites), as these matters are not the proper subject of judic...

Excerpt: ... demurrer to the first amended complaint (“FAC”) is SUSTAINED IN PART AND OVERRULED IN PART as follows. Requests for Judicial Notice Regents' request for judicial notice of the FAC in this action and a court record from El Dorado County Superior Court (“Own Recognizance/Conditional Release on Bail Agreement/Pre Trial Program”) is granted. Plaintiffs Leigh Bacco‐Scribner (“BaccoScribner”) and Matt Scribner's (individually “Scribner...

Excerpt: ...ants”) demurrer to plaintiffs Ioannis Taliadoros and Nina Taliadoros' (collectively, “Plaintiffs”) Complaint is OVERRULED. Plaintiffs' filed an untimely opposition only six court days prior to the hearing in violation of CCP § 1005. Defendants were served with the opposition seven court days prior to the hearing on January 10, 2022. (Arel Decl. ¶¶ 3‐4.) On reply, Defendants urge the Court to disregard the opposition as it only allowed ...

Excerpt: ... a 7‐Eleven store operated by defendant Sahota at 5579 Mack Road, the decedent encountered near his bicycle “two violent, armed, [sic] criminals” (i.e., defendants Hunter and Chaney) who shot the youth “multiple times.” Plaintiff, the mother of the decedent, alleges in Paragraph 13 that “Defendants generally possess, owned, leased, operated, managed, maintained, repaired, inspected, and/or otherwise controlled the business located at ...

Excerpt: ...f moving defendant's 55 Undisputed Material Facts identified in the moving separate statement and/or which 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. *** SMC's counsel failed to comply with CRC Rule 3.1350(b), requiring that issues presented for summary adjudication be...

Excerpt: ...red. The opposition also fails to comply with CRC Rule 2.111(3) and Rule 3.1110(b)(3)‐(4). Factual Background This action arises out of plaintiff's employment with defendant CALPIA. Plaintiff's 1AC purports to assert four causes of action. The first three are brought pursuant to the FEHA and include claims for discrimination based on gender, for discrimination based on national origin and for retaliation. The final cause of action is also for r...

Excerpt: ...ming only Nadia Naz and Does 1 to 100 as defendants. Defendant Naz thereafter moved to transfer venue to Sacramento County Superior Court in 2018. In December 2019 defendant Naz moved for summary judgment on the grounds that she is not a proper party and that plaintiff failed to name Mr. Khalid as a defendant prior to the expiration of the statute of limitations even though Mr. Khalid's identity was known to plaintiff when the original complaint ...

Excerpt: ...iew This is partially a legal malpractice case related to a decedent's estate. Plaintiff alleges that Defendant “undertook probate, accounting, tax and estate work for Mertes as executor of the Decedent's Estate . . . .” (Second Amended Complaint (“SAC”) ¶ 64.) Plaintiff further alleges that Defendant was “well aware that a timely federal Estate Tax Return (Form 706) needed to be filed for the Estate of the Decedent in order to preserv...

Excerpt: ...le to contact counsel for opposing party prior to hearing, counsel for moving party shall be available at the hearing, in person or by telephone, in the event opposing party appears without following the procedures set forth in Local Rule 1.06(B). Defendants Kaiser Foundation Health Plan, Inc., Kaiser Foundation Hospitals, and The Permanente Medical Group, Inc.'s (collectively “Defendants”) demurrer to Plaintiff Polina Seeger's (“Plaintiff�...

Excerpt: ...er 30, 2021. Plaintiff Rodney Andrews did not file or serve his Opposition until January 5, 2022 ‐ one day before Defendants' Reply was due. (ROA 34.) On Reply, Defendants object to the late‐filed Opposition, argue they did not receive the Opposition until 4:25 p.m. the day before the Reply was due, and argue the Opposition should not be considered. Defendants cite to Rancho Mirage Country Club Homeowners Ass'n v. Hazelbaker (2016) 2 Cal.App....

Excerpt: ...perty damages sustained by its insured and insured's passenger in an April 23, 2016, car accident. Defendant was personally served with the Summons and Complaint on December 24, 2018. (ROA 5.) Defendant does not dispute she was personally served. Default was entered against Defendant on January 28, 2019. (ROA 8.) On March 23, 2019, Plaintiff's counsel sent Defendant a letter informing her default had been entered. (Weissman Decl. ¶ 6.) Default j...

Excerpt: ...Decl. ¶ 3, Exh. 1.) Plaintiff served her response on August 20, 2021, in which she made a demand that Defendants deliver to Plaintiff within 30 days a copy of the Report pursuant to CCP § 2032.610. (Cherny Decl. ¶ 4, Exh. 2.) Defense physician Edward W. Younger, III, M.D., examined Plaintiff on September 8, 2021. (Cherny Decl. ¶ 5.) Dr. Younger's report was due to Plaintiff on September 20, 2021 (30 days after service of the demand). Defendan...

Excerpt: ...or. Plaintiff filed his Complaint for negligence, negligence per se, and failure to warn against Smith Development on August 21, 2019. Smith Development now moves for summary judgment on the ground that pursuant to Privette v. Superior Court, as the hirer of an independent contractor, Smith Development cannot be liable for an injury to an employee of that contractor as a matter of law. Further, the independent contractor, San Joaquin Drywall, had...

Excerpt: ...ployee of the City's Department of Utilities (“DOU”). Plaintiff worked for the City in the 1990's, and resigned in the early 2000's. He was rehired in April of 2011 as a Sewer Service worker. This action arises from conduct that allegedly occurred during Plaintiff's second term of employment with the City. Plaintiff, a man over the age of 40, claims he suffered both harassment and discrimination on account of his age, and discrimination and r...

Excerpt: ...NTED. Pursuant to Code of Civil Procedure § 583.210, "the summons and complaint shall be served upon a defendant within three years after the action is commenced against the defendant. For the purpose of this subdivision, an action is commenced at the time the complaint is filed." (Code Civ. Proc. § 583.210(a).) If service is not completed upon a party within the three years, "the action shall not be further prosecuted and no further proceeding...

Excerpt: ...ynarcik, Scott and Metzka. In 2010 a judgment of nearly $1.35 Million was entered against the defendants but it was later amended to over $1.58 Million. Shortly thereafter Pahrump 161 LLC filed for Chapter 7 bankruptcy protection in Nevada. In late 2010 the original judgment creditors sought to have the amended Nevada judgment domesticated here in California and despite being personally served with this 2010 application to domesticate the amended...

Excerpt: ...ty 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. *** Factual Background This lawsuit arises out a variety of disputes relating to numerous real estate investments plaintiffs made with defendants dating back to 2012. Plaintiffs describe defendants as real estate professionals claiming to have de...

Excerpt: ... 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 by Zoom or by telephone. *** If oral argument is requested, the parties must at the time oral argument is requested notify the cler...

Excerpt: ...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. The notice of motion also does not comply with Code of Civil Procedure §1010 or CRC Rule 3.1110(a). Overview This action arises out of an alleged business venture relating to the cultivation cannabis in Mendocino County, California. Disputes among the involved p...

Excerpt: ...ing procedure. If counsel for moving party is unable to contact counsel for opposing party prior to hearing, counsel for moving party shall be available at the hearing, in person or by telephone, in the event opposing party appears without following the procedures set forth in Local Rule 1.06(B). Plaintiff Fidel Cruz's motion to approve Private Attorneys General Act (“PAGA”) settlement is UNOPPOSED and ruled upon as follows. This is a wage an...

Excerpt: ...in, the Court must still hold a hearing on the motion as it may involve the receipt of evidence or an appearance by a Class Member. 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...

Excerpt: ...ively “Plaintiffs”) Third Amended Complaint (“TAC”) is ruled upon as follows. Moving Defendants' request for judicial notice of various recorded documents related to the Deed of Trust and foreclosure proceedings, Bankruptcy Court orders, and this Court's docket is granted. Lack of Service on Plaintiff Joseph F.P. Ramos The proof of service filed for CMS's demurrer and concurrently filed motion to strike state that the moving papers for bo...

Excerpt: ...f fees in order to retain an attorney for this litigation. However, there is no general legal right to counsel in civil suits like this one filed by plaintiff. Factual Background Plaintiff in pro per, an inmate at a correctional facility in Tehachapi, California, commenced this lawsuit on 3/8/2021, purporting to assert causes of action for “fraud,” gross negligence, “takings clause” and dependent adult abuse/neglect against the California...

Excerpt: ...o‐defendant Sunrise Shoes and Pedorthic Service Corporation (“Sunrise”) with the Lease to expire on August 31, 2016. Plaintiff alleges that Tu and other co‐defendants entered into a written Guaranty of Lease Agreement where they agreed to be liable for all of Sunrise's payments and obligations under the Lease. Sunrise, Tu, and the other codefendants are collectively referred to herein as “Defendants.” Sunrise and Plaintiff entered int...

Excerpt: ...defendant's 10 Undisputed Material Facts and/or objections to evidence and which of plaintiff's 17 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. *** District's counsel failed to comply with CRC Rule 3.1350(b), requiring that issues presented for summary adjudication be...

Excerpt: ...ghout the United States. Plaintiff is a former employee of Defendant. On April 17, 2019, Plaintiff filed a Class Action Complaint for Damages. On May 15, 2019, Plaintiff filed a First Amended Class Action Complaint for Damages & Enforcement Under the Private Attorneys General Act, California Labor Code § 2698, et seq. ("Operative Complaint"). Plaintiff's core allegation is that Defendant has violated the California Labor Code by engaging in a un...

Excerpt: ...ty, she was on 9/7/2020 admitted to defendant ESS' residential care facility for the elderly, “The Splendor of Carmichael at Palm” (“Splendor”). Due to a variety of medical conditions including being legally blind, auditory impairment, hypertension, a depressive disorder and frailty, Darbison required assistance with various daily activities including bathing, dressing, grooming, eating, walking, etc. to avoid the risk of fall and injury....

Excerpt: ...party within 48 hours of receipt. The hearing date shall automatically be continued for oral argument. The continuance date will always be an “Appearance Required” hearing so that the self‐represented party need not request oral argument. The Litigation Coordinator shall make the self‐represented party available by Zoom at 9:00 a.m. on the date of the continued hearing date, which will be 1/4/2022, to participate in oral argument. Departm...

Excerpt: ... construct gas processing facilities and CEE agreed to purchase natural gas from Plaintiff. Disputes subsequently arose over a variety of matters including but not limited to the construct the facilities, the quality of the gas being produced, and Plaintiff's obligations to pay. As issue here is Plaintiff's cause of action for reimbursement under B&P Code § 7031 (b). CEE has filed a Verified Cross‐Complaint against Plaintiff. Plaintiff seeks t...

Excerpt: ... motion matters. *** Defendant Sacramento Metropolitan Fire District's (“District” or “Metro Fire”) demurrer to Plaintiff Medic Ambulance Service, Inc.'s (“MAS” or “Medic”) second amended complaint is ruled upon as follows. I. Overview This action arises from the District's rejection of all proposals for Request for Proposal 19:04 (“RFP”). MAS alleges that it was the lowest, responsive, responsible proposer. a. MAS' initial co...

Excerpt: ...lectively “Sprague Plaintiffs”) as Vexatious Litigants is UNOPPOSED and is ruled upon as follows. Defendants contend that the Sprague Plaintiffs are vexatious litigants as defined by CCP §391(b)(2) which provides: “After a litigation has been finally determined against the person, repeatedly relitigates or attempts to relitigate, in propria persona, either (i) the validity of the determination against the same defendant or defendants as to...

Excerpt: ...plaintiff and/or the Additional Material Facts offered by defendant 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. *** Plaintiff Citizens Insurance Company of America's (“CICA”) motion for summary judgment, or in the alternative, summary adjudication against Defendant Golden Eagle Insurance Co. (“...

Excerpt: ...ood vendors, and samples of local beer and wine. At the event a large tree limb fell on plaintiff Steven Bralley (“Plaintiff”) when he was sitting under a large Valley Oak, which caused him to sustain injuries and rendered him a paraplegic. The tree in question has been identified by the District as “Tree 1051.” Plaintiff and his wife, Dana Bralley (collectively, “Plaintiffs”) filed their Complaint on June 27, 2019, against the Distri...

Excerpt: ... Plaintiff's counsel confirmed Plaintiff's availability to appear for deposition on September 15, 2021. (Sullivan Decl. ¶ 2, Exh. A.) Defendants served a Notice of Deposition that same day. (Sullivan Decl. ¶ 2, Exh. B.) On September 2, 2021, Defendants served instructions for the parties to appear remotely at deposition. (Sullivan Decl. ¶ 3, Exh. C.) On September 13, 2021, defense counsel confirmed with Plaintiff's counsel's office that Plaint...

Excerpt: ...J. Lynch, D. Gonzalez, A. Reilly, T. Stanfield, N. Romney, J. Bowman, D. Conden, C. Houghland, and S. Prasad's (collectively, “Defendants”) motion for judgment on the pleadings is UNOPPOSED and is ruled upon as follows. Defendants request for judicial notice is unopposed and granted. Plaintiff in pro per Larry Jacks (“Plaintiff”), an inmate housed at a California State Prison, filed the Complaint on May 20, 2021, alleging 17 causes of act...

Excerpt: ...stline's request for judicial notice of various recorded documents related to the Deed of Trust and foreclosure proceedings and Bankruptcy Court orders is granted. Factual Background This is a wrongful foreclosure case which was commenced on 10/30/2019. According to the TAC, Schroeder purchased the subject property in 1993 and then re‐financed her mortgage in 2008 with a $455,000 loan from Accredited Home Lenders, Inc., not a party to this suit...

Excerpt: ...tember 28, 2020. The FAC alleges Defendant concealed his positive HIV status from Plaintiff and engaged in unprotected sexual intercourse transmitting HIV to Plaintiff. The FAC alleges causes of action for breach of statutory obligations, negligence, battery, intentional infliction of emotional distress, negligent infliction of emotional distress, exemplary damages, and breach of contract. Defendant filed his Answer to the FAC on March 4, 2021, a...

Excerpt: ...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 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. F...

Excerpt: ...d Moving Papers. Petitioner Department is part of California's Environmental Protection Agency and is authorized to enforce portions of California Food and Agricultural Code (“F&A Code”) as well as to conduct administrative investigations pertaining thereto. Pursuant to this authority Department issued an investigative subpoena to HNL in order to ascertain whether the latter is manufacturing and/or distributing an unregistered pesticide under...

Excerpt: ...oral argument is permitted on law and motion matters. *** Overview This action arises out of an alleged business venture relating to the cultivation of cannabis in Mendocino County, California. Disputes among the involved parties have arisen and in his complaint, plaintiff asserts causes of action against various defendants for Fraud, Conversion, Breach of Contract, Breach of Fiduciary Duty, Common Counts, Declaratory Relief, Accounting and viola...

Excerpt: ...on 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. *** CSAA's counsel failed to comply with CRC Rule 3.1110(b)(3)‐(4). Factual Background This is an insurance bad faith action that was commenced in October 2018. Plaintiff alleges that she is severely hearing impaired and her primary means of communication with others is American Sig...

Excerpt: ...iring a party opposing summary judgment to file a “Separate Statement” in a particular two‐column format specified in Rule 3.1350(h); state whether that each material fact is “disputed” or “undisputed,” and for each fact claimed to be disputed, state the nature of the dispute and provide a citation to evidence by reference to the exhibit, title, page, and line numbers. Defendants' “Objection to Motion for Summary Judgment” fails...

Excerpt: ...rst Amended Complaint. On October 30, 2020, Plaintiffs filed a Second Amended Complaint that alleges (1) failure to pay overtime wages, (2) minimum wage violations, (3) meal period violations, (4) wage statement violations, (5) waiting time penalties, (6) unfair competition, and (7) PAGA penalties. Defendant Liqui‐ Box Corporation denies the allegations, but the parties were able to reach a compromise. The parties first attempted to settle this...

Excerpt: ...0 or CRC Rule 3.1110(a). Moving counsel failed to comply with CRC Rule 2.111(3) and Rule 3.1110(b)(3)‐(4). This action was commenced in December 2020 with a complaint asserting against defendants T&CW LLC; Town and Country West, GP; and Janak Mehtani various claims including but not limited to breach of contract, breach of the covenant of quiet enjoyment, conversion and fraud. Despite being served with the summons & complaint in January 2021, T...

Excerpt: ...on law and motion matters. *** Plaintiff Sigifredo Perez, Jr.'s (“Plaintiff”) motion to compel Defendant Sierra Mountain Express, Inc.'s (“Defendant”) further responses to request for production of documents (set one) is ruled upon as follows. This is a putative class action and representative action pursuant to the Private Attorneys General Act of 2004, Cal. Lab. Code. § 2698 for various Labor violations. Plaintiff's proposed Class cons...

Excerpt: ...to point to specific evidence which is claimed to show the existence or non‐existence of a triable issue of material fact. *** Defendant City of Sacramento's (“City”) motion for summary judgment is ruled upon as follows. Overview This is a personal injury action. Plaintiff Paul Moore (“Plaintiff”) alleges that on 7/6/2017 he was walking along the sidewalk of Bruceville Road when he tripped and fell over a collapsed manhole and/or sidewa...

Excerpt: ..., “Plaintiffs”) filed a Notice of Non‐Opposition to this motion stating they do not oppose Kindred's motion for summary judgment. Kindred's request for judicial notice of the Complaint in this action and death certificate pertaining to Nhia Vang is granted. Plaintiffs filed this action on January 12, 2021, against Sutter Valley Hospitals dba Sutter Medical Center, Sacramento (“Sutter”) and Kindred. The Complaint alleges a cause of actio...

Excerpt: ...intiffs Prestige Legacy, LLC (“Prestige”) and Cecila Gines' (“Ms. Gines”) (collectively, “Plaintiffs”) motion for preliminary injunction is DENIED. Factual and Procedural Background This is a nonjudicial foreclosure case that was filed on August 25, 2021. Prestige is the owner of real property located at 4625 Parker Avenue, Sacramento, CA 95820 (the “Property”). Ms. Gines is the sole member of Prestige. Ms. Gines contends the Prop...

Excerpt: .... 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 Plaintiff need not request oral argument. The Litigation Coordinator shall make Plaintiff available, by Zoom telephonically, at 9:00 a.m. on the date of the continued hearing date, which will be THURSDAY, DECEMBER 9, 2021, to participate in oral argument. To appear on Zoom te...

Excerpt: ...displaying their name and address with return address information that contained the phrase “Prenatal Screening Program.” Plaintiff alleges Defendant disclosed in a common manner Plaintiff's and class members' sensitive and private personal medical information regarding their pregnancy. Specifically, Plaintiff alleges that on or about November 29, 2018, she was pregnant with her first child and underwent a prenatal screening exam that was han...

Excerpt: ...asserting against defendants T&CW LLC; Town and Country West, GP; and Janak Mehtani various claims including but not limited to breach of contract, breach of the covenant of quiet enjoyment, conversion and fraud. Despite being served with the summons & complaint in January 2021, T&CW LLC chose not to respond to the complaint because it ‘understood it was being sued erroneously.' T&CW LLC's default was entered on 6/10/2021. Moving Papers. On 10/...

Excerpt: ...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. The notice of motion also does not comply with Code of Civil Procedure §1010 or CRC Rule 3.1110(a). Defendant Davis' “Response” to the present motion does not comply with CRC Rule 3.1110(b)(1), which requires the date, time and dep...

Excerpt: ...o 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, along with the correct address for Dept. 53/54. 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. Overview This action arises out of plaintiff's purchase of a used vehicle from defendant in July 2020. Plai...

Excerpt: ...§§ 473(b), 473.5, and 473(d). Defendant also seeks to quash service of summons. Plaintiff opposes this motion as untimely and argues Defendant was properly served. CCP § 473(b) Defendant seeks to set aside the default and default judgment pursuant to CCP § 473 (b) “based on inadvertence, surprise, or excusable neglect.” (MPA 3:9‐11.) Defendant does not elaborate what inadvertence, surprise, or excusable neglect supports his motion but r...