Excerpt: ...nty causes of action against Defendants. The Court previously sustained Defendants' demurrers to the first eleven causes of action, and thus only causes of action 12‐20 are at issue. (RJN Exs. A, B. C.) The remaining causes of action allege claims for breach of contract, breach of fiduciary duty, accounting, fraudulent concealment, fraud, conversion, and unjust enrichment. On September 30, 2019, the Court granted Defendants' unopposed motions t...

Excerpt: ...state provided insurance to Plaintiffs as well as a $2 million umbrella policy. Allstate inspected the property at issue in September 2014 to look for hazards and other conditions that posed risks to the building or were dangers to others. Plaintiffs allege that at the time of the inspection, Allstate's inspector saw scaffolding, but Allstate never indicated that the scaffolding was a hazard or risk of injury. Plaintiffs allege that in October 20...

Excerpt: ...xtrinsic evidence. This Court is limited to reviewing allegations in the SAXC or subject to judicial notice. Overview The SAXC alleges as follows. Sepanski and Masters entered into a romantic relationship in October 1987, at which time Masters began abusing Sepanski, and the abuse continued throughout the relationship. In 2007, at Masters' urging, Sepanski obtained the proper licenses and financing and opened an automobile dealership called Disco...

Excerpt: ...monetary sanctions, the notice of motion fails to comply with Code of Civil Procedure §2023.040 [requiring notice to “identify every person, party, and attorney against whom the sanction is sought, and specify the type of sanction sought”]. Factual Background This is a putative class action which alleges various wage‐and‐hour violations by the named defendants. On 6/20/2019 plaintiffs hand served a notice for the deposition of “[PMK] a...

Excerpt: ...ch of the 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. *** Defendant Costco Wholesale Corporation's (“Costco”) motion for summary adjudication as against plaintiff Dori Kolb is ruled upon as follows. Both moving and opposing counsel failed to comply with CRC Rule 3.1...

Excerpt: ... brings this action against Defendant, alleging two causes of action for (1) negligence and (2) intentional tort. As to the negligence cause of action, Plaintiff's Complaint alleges that on June 6, 2018, Plaintiff saw Defendant for a routine checkup at Folsom State Prison. At that time, Plaintiff asked Defendant to take him off his medication, and Defendant stated that it would take six months to wean him off. Plaintiff alleges that he then asked...

Excerpt: ...otice is granted. This is a wrongful death action. Plaintiffs are the heirs of decedent Shelly Lynn Rau (“Decedent”). Plaintiffs allege that 5/22/2019 co‐defendant Dean Barbera (“Barbera”) consumed substantial amounts of alcohol to the point of intoxication and impairment to operate a motor vehicle. Barbera was driving a vehicle when he ran into Decedent while she was crossing a cross‐walk. Barbera fled the scene and was eventually ar...

Excerpt: ...nt for over five years preceding the complaint. Specifically, a sewer drain exists and garbage bins have been placed on the easement. The Hongs filed their answer on 9/12/2019, they now seek leave file a cross‐complaint for ejectment, trespass, public/private nuisance, and declaratory relief. The Hongs insist that the cross‐complaint is compulsory. A cross‐complaint is compulsory when the claims are "logically related" to those asserted in ...

Excerpt: ...fendant S360 Holdings, LLC entered into a written agreement entitled “Promissory Note” in the amount of $500,000 pertaining to the financing of real property. The Promissory Note was secured by a Deed of Trust on the property. As part of the transaction, Chisick and co‐defendant Raymond Sahadeo (“Sahadeo”) executed a Personal Guaranty. Ultimately, the property was sold and Williams is barred from proceeding against the property to colle...

Excerpt: ...nt on others for mobility. Decedent developed pressure ulcers and attempted to cover up the existence and cause of the pressure ulcers. Decedent passed away on 1/21/2018. The Court notes that Defendant Sutter Valley Hospitals has agreed to serve supplemental responses and produce documents for most of the request for production of documents. In reply, Plaintiff indicates that he has not yet received the supplemental responses. The motion is GRANT...

Excerpt: ...damages and other equitable relief. Plaintiffs allege that Defendants are co‐owners/operators of a commercial property located at 3501 33rd Ave, Sacramento, California 95824 (“Property”). Plaintiffs allege that commencing 1/8/2016, the Property has been used and was continually being used, for the purposes of unlawfully selling, serving, storing, keeping, manufacturing, using, or giving away controlled substances, precursors, and/or analogs...

Excerpt: ...anals, four crowns, and additional injuries, such as Temporomandibular Joint Disorder (“TMJ”) and tinnitus. After this litigation commenced, Defendant subpoenaed Plaintiff's medical and billing records from UC Davis Medical Center, UC Davis Medical Center/Billing, Regents of UC Professional Billing/Business Office, UC Davis Medical Center/Radiology, California Department of Veterans Affairs, Domestic Department of Veteran's Affairs, Veteran's...

Excerpt: ...ts' motion to compel plaintiff's further responses to special interrogatories is ruled on as follows. The notice of motion does not comply with Code of Civil Procedure §1010 or CRC Rule 3.1110(a). Both moving and opposing counsel failed to comply with CRC Rule 3.1110(b)(3)‐(4). Factual Background Plaintiff is a real estate agent who is now suing defendants for defamation. Plaintiff alleges that defendants sent a defamatory email to plaintiff h...

Excerpt: ...ough the notice of motion 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 According to the complaint, plaintiff is a non‐profit mutual benefit corporation which was organized in 1964 as a cooperative housing project located in Sacramento County. The sole named defendant...

Excerpt: ... the State of California for civil penalties and an injunction against Defendants alleging they disseminated false information (Business & Professions Code §§ 17500, et seq.) and engaged in unfair competition (Business & Professions Code §§ 17200, et seq.) in connection with their pesticide application business. Defendants filed an answer to the FAC on October 18, 2019, in which they allege fifteen affirmative defenses. Plaintiff moves to str...

Excerpt: ... calendar days prior to the hearing. (See CRC 3.1342(a) [requiring a party seeking dismissal of a case to “serve and file a notice of motion at least 45 days before the date set for hearing of the motion”].) The Court does not consider Defendant Daniel Clark (“Clark”)'s notice of joinder in Differenbaugh's motion (ROA # 105) since it was untimely filed on November 12, 2019. Clark's “joinder” not only joins in Differenbaugh's dismissal...

Excerpt: ...l is unable to contact opposing parties' counsel prior to the hearing, moving parties' counsel shall be available at the hearing, in person or by telephone, in the event opposing parties' counsel appears without following the procedures set forth in Local Rule 1.06(B). Defendants Roger Biscay and Lynn Biscay (“Defendants”) move for 1) an order compelling Plaintiff Andrea Richard to provide responses to Defendants' form interrogatories, set on...

Excerpt: ...ion. This is a Lemon Law action arising out of Plaintiff's purchase of a 2017 GMC Sierra. Plaintiff alleges that following his purchase of the subject vehicle, he made several visits to a GM dealer in an effort to have certain transmission and engine defects repaired. Plaintiff alleges GM failed to repair the defects or repurchase the subject vehicle in violation of the Song‐Beverly Consumer Warranty Act (the “Act”). He further alleges that...

Excerpt: ...oni, DDS's dental practice, Plaintiff alleges she was required to perform work for all of the Defendants. (Compl. ¶ 18.) Defendants move to compel arbitration of this action pursuant to Code of Civil Procedure section 1281.2 based upon an arbitration provision contained in a 26‐page employee handbook, which Plaintiff acknowledged receipt of when she was hired. The provision was headed “MUTUAL AGREEMENT TO ARBITRATE CLAIMS” and was found on...

Excerpt: ...ntiff cannot establish it breached the applicable standard of care. In evaluating a motion for summary judgment the court engages in a three step process. First, the Court identifies the issues framed by the pleadings. The pleadings define the scope of the issues on a motion for summary judgment. (FPI Dev. Inc. v. Nakashima (1991) 231 Cal.App.3d 367, 381‐382.) Because a motion for summary judgment is limited to the issues raised by the pleading...

Excerpt: ...06 (D). ACP's counsel is directed to contact Plaintiff Rafael Ayala Hernandez's (“Plaintiff”) counsel forthwith and advise counsel of Local Rule 1.06 and the Court's tentative ruling procedure. If ACP's counsel is unable to contact Plaintiff's counsel prior to the hearing, ACP's counsel shall be available at the hearing, in person or by telephone, in the event Plaintiff's counsel appears without following the procedures set forth in Local Rul...

Excerpt: ...ers. *** Defendants Visit Elk Grove (“VEG”) and Rachael Brown's (“Brown”) demurrer to Plaintiff's second amended complaint (“SAC”) is ruled upon as follows. Overview Plaintiff Kristin Berkery owns and operates a marketing consulting firm and has done business in Elk Grove since 2013. Her firm provides clients with services such as strategic planning, web design, media buying, media relations, voiceover and event planning. Plaintiff ha...

Excerpt: ...(the “Premises”). Plaintiff alleges the following in the SAC. Defendants owned the apartment complex containing the Premises at all relevant times. (SAC ¶ 2.) Pursuant to a written property management agreement, non‐ party Catalyst Property Management, Inc. (“Catalyst”) acts as the property manager and authorized agent for Defendants at said apartment complex. (SAC ¶ 7.) As such, Catalyst (as agent for Defendants) took and processed a...

Excerpt: ...ponse, Uber filed this Petition to Compel Arbitration and Stay the Proceedings pursuant to the arbitration provision in the December 11, 2015 Technology Services Agreement (the “TSA”), which Mr. Blair agreed to on March 8, 2016. Specifically, the TSA contains an arbitration provision which requires drivers such as Mr. Blair, if they do not opt out, to individually arbitrate all disputes arising out of or related to the agreement or their rela...

Excerpt: ... complex in Rancho Cordova, California. Defendants have learned that four of the Plaintiffs are deceased. To date, Plaintiffs' counsel has not filed a motion to appoint representatives or successors‐ininterest for the estates of any of the four deceased Plaintiffs, although two of them died a year ago. Defendants argue that because no successors or representatives have been substituted in for the deceased Plaintiffs, the Court's jurisdiction is...