Excerpt: ...the defendant. Plaintiffs dismissed PWS on May 19, 2020. (ROA 11.) Plaintiffs thereafter named Jerome F. Lipp, JFL LLC, and Re ReduX LLC as Does 1‐3, respectively. (ROAs 14, 16, 19.) In their Judicial Council Form complaint, Plaintiffs allege that Does 1‐3 “were the agents or employees of other named defendants and acted within the scope of that agency or employment.” (Complaint, ¶ 6a.) Plaintiffs allege that a fire broke out at the reta...

Excerpt: ...r: (1) failure to pay overtime; (2) failure to pay minimum wage; (3) failure to timely pay wages during employment; (4) inaccurate wage statement penalties; (5) failure to reimburse work‐related expenses; (6) waiting‐time penalties. Plaintiff also has a PAGA cause of action wherein he seeks to recover PAGA penalties on behalf of himself, the State of California, and all current and former aggrieved employees. (Compl., ¶ 31.) After applying f...

Excerpt: ...fendant Corrosion Materials, Inc.'s (“CMI”) demurrer to Plaintiff Hogan Mfg. Inc.'s (“Plaintiff”) third amended complaint (“TAC”) is ruled upon as follows. Background & Allegations in the TAC This is a contract dispute. In the operative TAC, Plaintiff alleges that CMI approached Plaintiff in September of 2016 with a proposal in which Plaintiff would process sheet metal provided by CMI into “Top Skins,” which CMI would then sell to...

Excerpt: ... 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; Steed v. Department of Consumer Affairs (2012) 204 Cal.App.4th 112, 120‐121.) This is Defendants' second challenge the Plaintiffs' operative complaint. On March 15, 2022, this Court sustained Defendants' demurrer to Plaintiffs' initial complaint on...

Excerpt: ... within 48 hours of receipt. The hearing date shall automatically be continued one week plus one court day for oral argument. The continuance date will always be an appearance required hearing so that the self‐represented party need not request oral argument. The Litigation Coordinator shall make the self‐represented party available, by Zoom telephonically, at 9:00 a.m. on the date of the continued hearing date, which will be 10/5/2022, to pa...

Excerpt: ... 5, 2019, Plaintiff entered into a California Residential Purchase Agreement to purchase the Subject Property from sellers Mark and Lisa Voiselle. Defendant Valary L. Jennings (“Jennings”) was the sales agent for the sellers and acted under the direct supervision of her broker, Purplebricks, Inc., aka Purplebricks Realty, Inc. (“Purplebricks Realty”). Plaintiff alleges that Jennings performed a visual inspection of the Subject Property on...

Excerpt: ... ordered to notify MCM immediately of the tentative ruling system and the manner to request a hearing. If Lombardi is unable to contact MCM prior to hearing, Lombardi is ordered to appear at the hearing. Lombardi has also indicated the incorrect address in the notice of motion. The correct address for Department 54 of the Sacramento County Superior Court is 813 6th Street, Sacramento, California 95814. Lombardi seeks to strike the MOC filed by MC...

Excerpt: ... Production of Documents, and Special Interrogatories is ruled upon as follows. This motion seeks multiple forms of relief regarding four separate forms of written discovery (requests for admissions, form interrogatories, special interrogatories, and requests for production), each of which contemplates a separate motion. Instead of filing separate motions as to each separate form of discovery, which is preferred by the Court, Defendant filed a si...

Excerpt: ...ling system and the manner to request a hearing. If Dr. McGraw is unable to contact Plaintiff prior to hearing, Dr. McGraw is ordered to appear at the hearing. This is a medical malpractice action arising out of the care and treatment of plaintiff Jack Kellum (“Plaintiff”) during 2018 and 2019 by Dr. McGraw. Plaintiff filed his original Complaint on January 26, 2021, and the operative First Amended Complaint on March 10, 2021. The First Amend...

Excerpt: ...an L. Porter Revocable Trust, 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 D...

Excerpt: .../www.saccourt.ca.gov/court‐reporters/docs/crtrp‐6a.pdf. Parties may contact Court‐Approved Official Reporters Pro Tempore by utilizing the list of Court Approved Official Reporters Pro Tempore available at https://www.saccourt.ca.gov/court‐reporters/docs/crtrp‐13.Pdf A Stipulation and Appointment of Official Reporter Pro Tempore (CV/E‐206) is required to be signed by each party, the private court reporter, and the Judge prior to the h...

Excerpt: ...le on the Sacramento Superior Court website at https://www.saccourt.ca.gov/court‐reporters/docs/crtrp‐6a.pdf. Parties may contact Court‐Approved Official Reporters Pro Tempore by utilizing the list of Court Approved Official Reporters Pro Tempore available at https://www.saccourt.ca.gov/court‐reporters/docs/crtrp‐13.Pdf A Stipulation and Appointment of Official Reporter Pro Tempore (CV/E‐206) is required to be signed by each party, th...

Excerpt: ...of Folsom and County of Sacramento. However, per a stipulation between Petitioner and County of Sacramento filed with the Court, Petitioner is no longer pursuing claims against County of Sacramento, and thus the petition with respect to that entity is moot and shall proceed against City of Folsom only. (ROA 15.) Thus, the petition with respect to County of Sacramento is DROPPED. The remainder of this ruling will address the petition with respect ...

Excerpt: ... a total of nine causes of action stemming from allegations that Defendant discriminated and retaliated against him due to his disability. Plaintiff has worked for Defendant as a plastic surgeon since approximately 2010, received positive reviews, and was on track for a full tenured professorship. As of 2018, Plaintiff worked out of an office in a newly constructed building called North Addition located on UC's campus in midtown Sacramento. The o...

Excerpt: ...epresentative action involving various claims for violations of the Labor Code. On April 28, 2022, this Court granted Plaintiff's motion for preliminary approval of the settlement Plaintiff now moves for final approval of the settlement. Courts review class action settlements in a two‐step process: (1) an earlier conditional review by the court; and (2) a later detailed review after the period during which notice is distributed to class members...

Excerpt: ...e 2017, Stonebarger served as the CEO of CB1 Labs, Inc., a company providing administrative services to cannabis companies. (Stonebarger Decl. ¶ 5.) At one point around 2017‐2018, Stonebarger met Rodriguez ‐ a broker ‐ and helped him draft the Operating Agreement for Pure Investments, LLC. (Stonebarger Decl. ¶ 9; Rodriguez Decl. ¶¶ 6‐9, Ex. A.) At another time in 2018, Crystal Matter, an attorney who had worked on legal matters for St...

Excerpt: ...nt and an accompanying motion to strike. CONTENTIONS 1. Moving Papers Defendant only demurs to the Fifth Cause of Action for “Fraudulent InducementConcealment.” Defendant raises three grounds. First, Defendant argues that the cause of action is barred by the three‐year statute of limitations under Code of Civil Procedure section 338 because the fraud occurred on the date of the purchase on July 11, 2017, but Plaintiff did not file the actio...

Excerpt: ...emurs to the Fifth Cause of Action for “Fraudulent InducementConcealment.” Defendant raises two grounds: (1) the cause of action fails to state facts sufficient to establish fraud, and (2) it is barred by the economic loss rule. First, citing Tarmann v. State Farm Mut. Auto Ins. Co. (1991) 2 Cal.App.4th 153, 157, Defendant argues that facts supporting a claim of fraud must be pled specifically, but Plaintiff has only alleged them in a conclus...

Excerpt: ...tion of 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 reques...

Excerpt: ... an undivided 50% interest in the property as joint tenants. Plaintiff contends Defendant has refused to allow her to access the property, she is unable to continue paying the mortgage and related expenses, and the home will foreclose if she does not pay. Thus, she wishes to sell the property. Plaintiff now seeks an interlocutory judgment of partition and sale pursuant to CCP §§ 872.210 and 872.710. Plaintiff proposes that Kevin Singer be appoi...

Excerpt: ... On January 27, 2022, the Court granted Plaintiff's unopposed motion to deem matters admitted. (ROA 15.) Plaintiff now moves for judgment on the pleadings based on these admissions. Specifically, that Defendant admits she applied for a credit card account with Plaintiff, she received the Customer Agreement when she received the credit card, the Customer Agreement provided that by using the credit card she agreed to bound by the terms therein, she...

Excerpt: ...Amended Complaint (“1AC”) is OVERRULED in part and SUSTAINED in part with leave to amend as follows. Factual and Procedural Background This action arises from Plaintiffs' stay at Vince's Motel from April 2, 2017, through April 11, 2017. Plaintiffs allege that at the time of their stay the motel had a bedbug infestation and that management was aware of the problem, but failed to notify them of the presence of bedbugs in their room or remedy th...

Excerpt: ...ific evidence which is claimed to show the existence or nonexistence of a triable issue of material fact. *** Defendant has indicated the incorrect address in its notice of motion. The correct address for Department 54 of the Sacramento County Superior Court is 813 6th Street, Sacramento, California 95814. Defendant's counsel shall notify Plaintiffs' counsel of the correct address immediately. Defendant Gregory Herrera, M.D. moves for summary jud...

Excerpt: ...her response to Plaintiff's Requests for Production, Set Three, number 23. (ROA 48.) Request number 23 seeks “[a]ny and all cell phone records including, but not limited to, phone calls or text messages within thirty minutes prior and thirty minutes subsequent to the INCIDENT.” The Court, in its June 21, 2022, Order stated in relevant part: “First, the Court is not persuaded Defendant has met her burden to establish the request implicates a...

Excerpt: ...ce of the Court's tentative ruling system as required by Local Rule 1.06(D). Plaintiff is ordered to notify Defendant immediately of the tentative ruling system and the manner to request a hearing. If Plaintiff is unable to contact Defendant prior to hearing, Plaintiff is ordered to appear at the hearing. On July 6, 2022, this Court granted defendant the Regents of the University of California's (“Defendant”) Ex Parte Application to dismiss t...

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 by Zoom or telephone. The notice of motion provides the incorrect address of Department 54. The correct address...

Excerpt: ...nt (“P&S Agreement”) with Moore, in which Moore agreed to purchase property located at 11060 N. Mather Boulevard, Rancho Cordova, California, (“Property”) for $3,000,000. In May 2021, without any additional consideration. Moore and Sugarman required Plaintiff to sign a document titled “Performance Agreement.” Pursuant to the Purchase Agreement, Moore and Sugarman agreed to pay a base amount of $2,000,000 for the Property prior to clos...

Excerpt: ...n of notice by publication. Plaintiff shall submit a revised proposed order for the Court's signature pursuant to CRC Rule 3.1312. The Court notes that after the April 21, 2022 tentative ruling posted, the parties entered into a protective order and the Court granted CDPH's motion summary adjudication as to the invasion of privacy pursuant to Article I, Section I of the California Constitution cause of action. Notice by Publication CRC Rule 3.766...

Excerpt: ...., ¶ 2, Exh. A (“Compl.”), ¶¶ 6‐8, 23‐26.) Plaintiff was transferred to a different facility on June 1, 2017 and died on July 7, 2017. (Compl., ¶¶ 26, 32.) Plaintiffs allege that Ms. Perry's skin breakdown and death were the result of the acts and omissions of Defendants as her caretakers. (Compl., ¶¶ 1, 35, 45, 56.) The Plaintiffs in this action consist of Ms. Perry's surviving husband, Dennis E. Perry, who is pursuing claims indi...

Excerpt: ...rty forthwith and advise counsel of Local Rule 1.06 and the Court's tentative ruling 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). This litigation arises out of construction of a multi‐story parking g...

Excerpt: ...eir existence, not the truth of their contents. (Herrera v. Deutsche Bank Nat'l Trust Co. (2011) 196 Cal.App.4th 1366, 1375; Kalnoki v. First American Trustee Servicing Solutions LLC (2017) 8 Cal.App.5th 23, 36‐37 [proper for to take judicial notice of recorded land documents and find that the recorded deed of trust was the "legally operative document designating the beneficiary”]; see Professional Engineers v. Dep't of Transp. (1997) 15 Cal....

Excerpt: ...tor America and Hyundai of Roseville LLC (“Defendants”) filed a motion to compel arbitration. (ROA 9.) Though Plaintiffs served standard discovery requests on March 22, 2021, the Court granted the motion to compel arbitration on April 1, 2021 (ROA 27), thereby rendering the matter stayed and discovery moot in this court. It is unclear by in the parties' papers whether the arbitration ever occurred. On November 9, 2021, Defendants extended an ...

Excerpt: ...edure 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 has indicated the incorrect address 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's counsel shall notify the nonparties or their co...

Excerpt: ... 8:30 p.m., Plaintiff Bercharis McGill (“Plaintiff”) was lawfully riding his motorcycle on Highway 49 near Defendant's property when his motorcycle hit some aggregate on the road, spun out of control and then crashed into a car traveling in the opposite direction. (Register of Actions [“ROA”] 1 [“Complaint”], p. 4.) This incident occurred within 100‐200 yards from the exit driveway of Defendant's property. Defendant owns, controls, ...

Excerpt: ...yment, he signed various documents, including an Arbitration Agreement, which purportedly requires the arbitration of any and all claims arising out of or related to Plaintiff's employment with Defendant. (Shanks Decl., ¶ 3 and Exh. A.) Plaintiff was employed until approximately July 2021. (Compl. ¶ 20.) On January 14, 2022, Plaintiff filed the instant representative action under the California Attorneys General Act (PAGA) alleging causes of ac...

Excerpt: ...L NOTICE Plaintiffs' request for judicial notice of the initial Complaint in this matter is GRANTED. II. BACKGROUND This is an elder abuse case arising from the care and treatment rendered to 89‐yearold decedent John Bennetti, Jr. (“John”) while he was a patient at Sierra Nevada Memorial Hospital in June 2020. Plaintiffs allege that John's healthcare providers failed to identify that he was allergic to certain medications, and the administr...

Excerpt: ...stem, as required by Local Rule 1.06. Moving counsel is directed to contact the counsel for all other parties 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 opposing counsel prior to hearing, moving counsel is ordered to appear at the hearing by Zoom or by telephone. Defendant has indicated the incorrect address in its notice of motion. The ...

Excerpt: ...rally before the court, for settlement of the case, or part thereof, the court, upon motion, may enter judgment pursuant to the terms of the settlement. If requested by the parties, the court may retain jurisdiction over the parties to enforce the settlement until performance in full of the terms of the settlement.” Thus, CCP § 664.6 allows the Court upon motion to enter judgment pursuant to the terms of a settlement where the parties stipulat...

Excerpt: ...right, a sheriff deputy, operating a Ford Explorer patrol vehicle, lost control of his vehicle and collided with Plaintiff's minivan. Plaintiff alleges she sustained serious physical, emotional, and psychological injuries as a result and has continuing symptoms for which medical treatment is ongoing. Plaintiff's injuries included a herniated cervical disc; injury to her back, shoulders, hips, legs, and jaw; PTSD; and traumatic brain injury with s...

Excerpt: ... Green (“Tracy”) (collectively, the “Greens”). This action arises out of an investment account with RBC that was numbered initially as Account No. ‐8808 and later changed to Account No. ‐5042 (the “Account”). The Account was a joint tenant account in the names of Lopez and her son ‐in‐law Jason. Lopez alleges the Account was opened with an initial deposit of $200,000. (1AC ¶ 9.) Lopez alleges unauthorized withdrawals were mad...

Excerpt: ...uest for judicial notice in support of its motion is granted. Plaintiff's request for judicial notice and Defendants' supplemental request for judicial notice are denied as the subject documents were not relevant to the Court's decision on the motion. II. Defendants' Objections Defendants' objections to Plaintiff's evidence submitted in opposition to the instant motion are ruled as follows. Declaration of Leta Nichols Objection No. 1 – ¶ 2, Li...

Excerpt: .... *** Defendant Sutter Valley Hospitals dba Sutter Roseville Medical Center's (“Sutter”) demurrer to the Fifth and Eighth causes of action in Plaintiff Barbara Young's (“Plaintiff”) second amended complaint (“SAC”) is ruled upon as follows. Overview This is an employment action. At issue in this demurrer are the causes of action for failure to make reasonable accommodations (COA 5), and violation of Labor Code section 1102.5 (COA 8.) ...

Excerpt: ...ness records to Wells Fargo Bank, N.A., or in the alternative, for a protective order is ruled upon as follows. I. Overview a. Nivano's Complaint In its action, Nivano alleges that Defendants and Cross‐Complainants Mitesh Patel, R.PH (“Patel”) and David Kyle D.O. (“Kyle”) (collectively “Defendants”) schemed to “illegally gain control of Nivano and to then illegally profit from its providers and their patients. Defendants did so by...

Excerpt: ...vidence which is claimed to show the existence or nonexistence of a triable issue of material fact. *** Plaintiff Daniel Tiamu Avegalio's (“Plaintiff”) motion for partial summary adjudication is ruled upon as follows. I. Overview This action arises from Plaintiff's purchase of a used vehicle (“Vehicle”) from Defendant SAII Enterprises, LLC (“Defendant”). Plaintiff alleges that Defendant misrepresented the Vehicle's true accident histo...

Excerpt: ...LC, dba Laguna Woods, RCFE when Defendant Mee Lai Fong attacked Patton with a metal cane, ultimately leading to her death. CONTENTIONS 1. Moving Papers Defendants move to quash a deposition subpoena issued by Plaintiffs. The subpoena at issue is a records‐only subpoena under Code of Civil Procedure section 2020.410 issued on June 22, 2022 to Morrison & Garritano, an insurance broker that helped Defendants obtain insurance coverage for their nur...

Excerpt: ...edecessor to Patelco Credit Union) secured by a deed of trust on the property. In 2008, Cal State 9 Credit Union assigned the beneficial interest under this deed of trust to Plaintiff. In 2009, an erroneous substitution of trustee was recorded on the deed of trust, purporting to appoint T.D. Service Company (predecessor to First American Title Insurance Company) as the new trustee and averring that Patelco was the beneficiary on the deed of trust...

Excerpt: ...ofit public benefit corporation. A trial is currently set for March 6, 2023. CONTENTIONS Defendants Move America Forward, Salvatore Russo, Melanie Swanson, Howard Kaloogian, and Shawn Callahan move for leave to amend their answer to the first amended complaint to allege an additional affirmative defense of selective prosecution. Defendants assert that recently completed depositions, which were noticed in April 2022, provided Defendants sufficient...

Excerpt: ... (2) fraud. CONTENTIONS Defendants filed this unopposed demurrer to both causes of action on the basis that they fail to state a cause of action and are uncertain. As to the first cause of action, Defendants argue that it fails because the alleged 20 percent interest on the promissory note is usurious in violation of article XV of the California Constitution, which caps interest in cases such as this at 10 percent. Defendants further argue that t...

Excerpt: ...he tentative ruling to the litigation coordinator on or before the date of the scheduled hearing. The litigation coordinator shall provide the tentative ruling to Plaintiff within 48 hours of receiving it. 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 sha...

Excerpt: ...is 42 years old. Plaintiff's motion is difficult to decipher, but from what the Court can glean, Case No. 714520 was a case wherein James E. Puiia sued Betty M. Puiaa for declaratory relief in 1976. Part of that case was apparently sealed in 1980 for unknown reasons. Attorney Weldon R. Reeves prepared a judgment in that case. Mr. Reeves was later disbarred in 1996 due to a false statement made in bankruptcy court. Both Mr. and Mrs. Puiia are dece...