Excerpt: ...and private, all of which is now viewable by the public. Should any party desire to limit the public's access to such medical and personal information, a motion to seal same should be filed promptly. This is a medical malpractice action against Dr. Kaplon, who now moves for summary judgment/adjudication on the grounds that he complied with the applicable standard of care and that plaintiff's malpractice claim is barred by the applicable statute o...

Excerpt: ...unsel at the time of the request which of the issues and/or causes of action discussed below 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. *** *** If oral argument is requested in an attempt to obtain leave to amend, plaintiffs shall be prepared to specifically discuss the new or different facts which may now be alleged in good faith to ...

Excerpt: ...on provided notice of the court's tentative 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. Factual Background This action arises out of a series of loans extended by CCL to plaintiff Phoenix Logistics Supply Chain Solutions, Inc. (“PLSCS) in 2015 and 2016. Plaintiff's First Amended Complaint (“1AC”) admits that CCL is headq...

Excerpt: ...sel failed to comply with CRC Rule 2.111(3) and Rule 3.1110(b)(3)‐(4). Factual Background This action was commenced in 2014 and alleges that the named defendants conspired with Steve Samra dba Steve Samra Farms (against whom plaintiff had previously obtained a judgment in 2010) to defraud plaintiff and hinder its collection of the 2010 judgment against Steve Samra. In November 2016 the parties to the present action entered into a stipulation wh...

Excerpt: ...nal 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.) The Court did not consider Plaintiff's declaration or the exhibits attached thereto. In ruling on a demurrer, the Court does not consider such extrinsic evidence or evidence that is not subject to judicial notice. Overview The complaint is quite confusing. Plaintiff filed a judicial council form complaint,...

Excerpt: ...urther responses to his first set of requests for admissions is GRANTED in part and DENIED in part; monetary sanctions DENIED. Overview This case involves the purchase and sale of two four‐plex properties. Gregory alleges that, when he purchased the properties, Defendant 1st Priority Realty (1st Priority) was his and the seller's broker. Gregory contends that 1st Priority withheld facts about the properties and misrepresented other facts. Grego...

Excerpt: ... was untimely served is OVERRULED. Because Plaintiffs were able to craft an opposition, and because the issues in the protective order overlap with those in Plaintiffs' own motion to compel, any untimeliness did not result in unfair prejudice. Overview This is an elder abuse / wrongful death case. Plaintiffs are the decedent's successorsin‐interest. Defendant Vibra is a hospital, not a skilled nursing facility. In their complaint, Plaintiffs al...

Excerpt: ...e of motion or and untimeliness in connection with the opposition. Future inaccuracies or failures to comply with procedural rules could result in adverse rulings. This is a civil rights case in which two minor plaintiffs allege that a police officer patrolling the grounds of a movie theater wrongfully detained them there, discriminated against them based on race and used excessive force. The plaintiffs allege that the officer was the agent of bo...

Excerpt: ...tions to evidence will be addressed at the hearing. The parties should be prepared to point to specific admissible evidence which is claimed to show the existence or non‐existence of a triable issue of material fact. *** Defendant Sutter Valley Medical Foundation's (“SVMF”) motion for summary judgment/adjudication is ruled on as follows. The court notes SVMF lodged conditionally under seal several documents offered in support of this motion...

Excerpt: ... is granted. Mr. Riley's objections to the City evidence are ruled upon as follows: overruled. City's objections to plaintiff's evidence are ruled upon as follows: Riley Dec. ‐ overruled as to Nos. 1, 5, 6, 7, 9, 10, 12, 13 Exh. D ; sustained Nos. 2, 3, 4, 8, 11; Brown Dec. ‐ overruled 16, 18, 20, 22; sustained 14, 15, 17, 19, 21; Howell Dec. ‐ overruled 23, 25; sustained 24. Plaintiff Mr. Riley sued City and two of its employees alleging v...

Excerpt: ...ited oral argument is permitted on law and motion matters. *** Plaintiff/Cross‐Defendant Creditors Adjustment Bureau, Inc.'s (“CAB”) demurrer to Defendants/Cross‐Complainants Advance Care for Seniors LLC and Advance Care for Seniors, LLC's (“ACS”) cross‐complaint (“XC”) is ruled upon as follows. The Court did not consider the declarations of Brian L. Mitteldorf and Melissa Klopstock which are attached as exhibits to the declarat...

Excerpt: ...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 Dignity Health dba Mercy Hospital Folsom's (“Defendant”) motion for summary judgment, or in the alternative summary adjudication is ruled upon as follows. Defendant's request for judicial notice is granted. I. Overview This is an employment action. Plaintiff Aundr...

Excerpt: ... Plaintiffs filed this action on 1/8/2014. They were initially represented by the Poswall, White & Cutler law firm (“PWC”). On 7/29/2015, PWC substituted out and Nancy Hersh (“Hersh”) substituted in. On 8/25/2017, the Court granted Plaintiffs' motion to continue trial based on the parties' stipulation. (Declaration of Adam Hale (“Hale Decl.”), Exs. B, C.) The 9/25/2017 trial date was vacated and the parties were referred back to the T...

Excerpt: ...arks' motion to quash deposition subpoenas is ruled upon as follows. This is a putative class action for race and sex discrimination, failure to prevent and various violation of the Labor Code, including failure to pay overtime. Defendant Nationwide Mutual Insurance Co. served subpoenas which can be split into two categories: 1. Teaching Position(s): subpoenas to the Davis School of Realty (“DSR”) and Superior School of Real Estate (“SS...

Excerpt: ...to plaintiff on 11/26/2018 but received no response and a subsequent telephone call to plaintiff was made on 12/3/2018, to which no response was received. First, Code of Civil Procedure §430.41(a) specifies that the demurring parties shall meet‐and‐confer “in person or by telephone” with the party filing the pleading that is the subject of the demurrer. Thus, merely sending a letter to plaintiff does not satisfy the express statutory req...

Excerpt: ...018, 12/28/2018 and 1/2/2019 notices relating to plaintiff Daniel Gonzalez's status as a vexatious litigant subject to a prefiling order which prohibits him from filing any new litigation in the courts of this state in propria persona without first obtaining leave of the presiding justice or presiding judge of the court where the litigation is proposed to be filed. Code of Civil Procedure §391.7(c) provides in its entirety: (c) The clerk may not...

Excerpt: ...for defamation along with one for intentional infliction of emotional distress (“IIED”). Plaintiff is a physician whose hospital privileges were in 2014 suspended by defendant Dignity Health in response to allegations by various hospital employees. He alleges that when they learned plaintiff might be regain his privileges, certain employees “falsely and maliciously” reported to the FBI on or about 4/5/2016 that he had made threats against...

Excerpt: ...se 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 in person or by telephone. This is a collection matter. Defendant now moves pursuant to Code of Civil Procedure §473(b) to set aside the default entered on 3/9/2018 a...

Excerpt: ...l is directed to review the Local Rules, effective 1/1/2019. Factual Background In June 2018 plaintiff obtained in Ohio a money judgment of over $145,000 against defendants and thereafter obtained entry of a sister state judgment here in California. Defendants now move pursuant to Code of Civil Procedure §1710.40 to vacate the entry of this sister state judgment or alternatively, pursuant to §1710.50 for a stay of enforcement of the sister stat...

Excerpt: ...ws. Factual Background This action arises out of two loans, the first in November 2017 for $450,000 relating to property on 48th Street in Sacramento (“November Note”) and the second in December 2017 for $410,000 relating to property on Walnut Avenue in Sacramento (“December Note”). According to the exhibits attached to the operative First Amended Complaint (“1AC”), it appears loans were made by AAJV to VPP with Johnny and Africa each...

Excerpt: ... 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 PDQ Automatic Transmission Parts, Inc.'s (“PDQ”) motion for summary judgment, or in the alternative, summary adjudication is ruled upon as follows. 1. Overview This action arises from a motor vehicle accident which resulted in the death of two pe...

Excerpt: ...( American Indian Health & Services Corp. (2018) 24 Cal.App.5th 772). For present purposes, it is sufficient to note the following. Petitioners are 23 federally‐qualified health centers (FQHCs) or rural health clinics (RHCs) providing adult dental, chiropractic and podiatric services to Medi‐Cal patients. The Department reimbursed them for such services until July 1, 2009, when Welfare and Institutions Code section 14131.10 went into effect. ...

Excerpt: ...Signature Stock Transfer's (“SST”) demurrer to Defendant/CrossComplainant in pro per Kenneth Maciora's (“Maciora”) Cross‐Complaint (“XC”) is ruled upon as follows. Overview This case presents a multi‐party business dispute. Plaintiff MyECheck, Inc. ("MEC") alleges its former CEO, defendant Zalunardo, falsified an employment agreement purportedly entitling him to MEC shares and that he purported to transfer these shares to ...

Excerpt: ...fendant DiTech Financial, LLC's demurrer to Plaintiff Paulette Hacker's complaint is ruled upon as follows. Defendant's request for judicial notice is granted. In taking judicial notice of the recorded land documents, the court accepts the fact of their 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....

Excerpt: ...ri Aguilar (“Lori”)(collectively “Plaintiffs”). On 2/29/2016, Jose was stopped in traffic when he was rear‐ended by Defendants' bus, causing Jose's vehicle to collide with the vehicle in front of it. Plaintiffs allege that Jose “was hurt and injured in his health, strength and activity, sustaining injuries to his body and shock and injury to his nervous system and person, all of which said injuries have caused and continue to cause Pl...