Excerpt: ...�) request for judicial notice of the Court's Minute Order on Defendants' demurrer to Plaintiff's First Amended Complaint in 34‐2019‐ 00262456 is granted. A court may take judicial notice of the existence of each document in a court file, and can take judicial notice of the truth of facts asserted in documents such as orders, findings of fact and conclusions of law, and judgments." (Bach v. McNelis (1989) 207 Cal.App.3d 852, 865.) Objections ...

Excerpt: ...m telephonically, call (833) 568‐8864 and enter the Zoom ID: 16146506749. Incarcerated plaintiff in pro per Michael L. Garcia's ("Plaintiff") Motion for Appointment of Counsel is DENIED. Plaintiff is currently incarcerated in San Quentin, California. He filed his Complaint alleging excessive use of force and cruel and unusual punishment on June 16, 2022. This case is still at the pleading stage. Plaintiff has not filed a Proof of Service of Sum...

Excerpt: ...iffs Edward and Ikuko Korthof's (collectively “Plaintiffs”) purchase of commercial real property (“Property”). Plaintiffs allege that Ryker Flint and Ryker Flint Commercial, Inc. (collectively “Flint”) acted as the broker for the Seller, codefendant 1530 X STREET, LLC (“LLC). Flint later acted as Plaintiffs' agent for purposes of renting, leasing, operating and managing the property. Plaintiffs allege that Vujadin Jovic is an indivi...

Excerpt: ...ew This is a personal injury action. Pursuant to CCP §§ 2025.420, 2034.430(b) and 2034.450(a), Plaintiff moves for a protective order to compel Defendant to pay the fees of Plaintiff's expert witness, Dr. Rakesh Donthineni, whom Defendant deposed. Dr. Donthineni is a board‐certified orthopedic surgeon specializing in spinal surgery. Dr. Donthineni appeared at an August 4, 2022 for three hours. Defendant did not complete Dr. Donthineni's depos...

Excerpt: ...let Cruze (“Vehicle”) which was manufactured and/or distributed by GM. Plaintiff received an express warranty, including, a 3‐ year/36,000‐mile express bumper to bumper warranty and a 5‐ year/100,000‐ mile powertrain warranty which, inter alia, covered the engine and transmission; and subsequently received a 10‐year/150,000‐ mile special coverage adjustment (i.e., extended warranty), which covers the water pump and/or related cool...

Excerpt: ...not the truth of their contents. (See Professional Engineers v. Dep't of Transp. (1997) 15 Cal.4th 543, 590.) Factual Background This action was commenced on July 13, 2021 with the filing of Plaintiff's complaint. On September 27, 2021, Plaintiff filed a First Amended Complaint ("FAC") pleading five causes of action for (1) sexual harassment under Government Code § 12940(j); (2) race discrimination under Government Code § 12940(a); (3) disabili...

Excerpt: ...a declaration, no later than August 17, 2022, that satisfies the requirements of Code of Civil Procedure section 439. Counsel's supplemental declaration states that a letter was sent to Defendant in pro per, Holly Tolbert (“Defendant”) that outlines Plaintiff's basis for bringing the instant motion because Defendant has not provided a phone number. (Amended declaration of Nicholas Mortl ¶2, Ex. 1.) Up until Plaintiff filed the supplemental d...

Excerpt: ...95814. Judicial Notice Defendants and Plaintiffs Leigh Bacco‐Scribner and Matt Scribner's (“Plaintiffs”) requests for judicial notice is granted. In 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 [judicial notice of findings of fact does not mean that those findings of fact are true]; Steed v...

Excerpt: ...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 shall make Plaintiff available, by Zoom telephonically, at 9:00 a.m. on the date of the continued hearing date, which will be September 1, 2022, to participate in oral argument. To appear on Zoom...

Excerpt: ... is a collection action to recover the unpaid balance on a personal loan Defendant Kenneth Greer (“Defendant”) has with Plaintiff. On December 16, 2021, Plaintiff filed a notice of conditional settlement in accordance with CRC Rule 3.1385 as a result of a settlement reached with Defendant. (ROA 15.) Defendant has failed to make the required payments and Plaintiff now seeks to vacate the notice of settlement and have the matter restored to the...

Excerpt: ...eph Chang, and Dharmeeka Chang alleging a single cause of action for premises liability based upon negligence, willful failure to warn, and dangerous condition of public property. Plaintiff alleges she slipped and fell on the sidewalk at 5700 S Land Park Drive in Sacramento, California. The location of Plaintiff's fall adjoins Parkside Community Church's (the “Church”) property. On February 18, 2021, the Church filed a Cross‐Complaint for e...

Excerpt: ... 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 shall make Plaintiff available, by Zoom telephonically, at 9:00 a.m. on the date of the continued hearing date, which will be August 31, 2022, to participate in oral argument. To appear on Zoom ...

Excerpt: ...��) First Amended Complaint (“1AC”) is ruled upon as follows. Request for Judicial Notice Defendants' request for judicial notice is GRANTED as to Exhibits C, D, E, F, G, and J, which are excerpts from the Sacramento County Zoning Code. Defendants' request for judicial notice is DENIED as to Exhibits A, B, H, and I, which are print‐outs of zoning maps and data maps from the Sacramento County GIS Map Information website. None of the exhibits...

Excerpt: ...s daughter Michelle Osborn when their Chrysler minivan was struck by a 2007 Hyundai Santa Fe ("Subject Vehicle") driven by Plaintiff Regina Wander. Plaintiffs Angela Osborn ("Ms. Osborn"), Kenneth C. Osborn ("Kenneth"), Samantha Osborn ("Samantha"), Elizabeth Osborn ("Elizabeth"), and Lucy Stem Guevara's ("Lucy")' (collectively, the "Osborn Plaintiffs") filed their action against Hyundai in August 2017 alleging that Ms. Wander's vehicle was defec...

Excerpt: ...f 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. ** CDSS's request for judicial notice is denied as it was not relevant to the Court's ruling. Overview This action was commenced on 12/2/2019. The First Amended Complaint was filed on 2/18/2020. The Second Amended Complaint (“2AC”) was filed on 9/13/2021. The 2AC a...

Excerpt: ... not properly served on him pursuant to CCP §§ 473(d) and 415.20(b). This case was initiated on November 16, 2007, when Plaintiff Resurgence Financial LLC (“Plaintiff”) filed its complaint alleging that Defendant owed an outstanding credit card balance. (ROA 1.) On February 28, 2008, Plaintiff filed a Proof of Service stating that the summons and complaint had been served on Defendant via substituted service. (ROA 5.) The Proof of Service s...

Excerpt: ...ve ruling system as required by Local Rule 1.06(D). Counsel is ordered to notify Plaintiff's counsel immediately of the tentative ruling system and the manner to request a hearing. If moving counsel is unable to contact Plaintiff's counsel prior to hearing, moving counsel is ordered to appear at the hearing. On June 8, 2022, this Court granted Defendant's unopposed motions to compel Plaintiff Vanetta Young's (“Plaintiff”) responses to form in...

Excerpt: ...nteria and Elvia Mendez‐Ortiz's (“Plaintiffs”), untimely opposition. The Court finds no prejudice in doing so has been shown; Defendant was able to file a reply thereto before the hearing date. This Court previously denied Defendant's motion to set aside default and leave to file an answer on the grounds that the declaration of Jose L. Parra submitted with the motion was lacking in facts to support relief under Code of Civil Procedure secti...

Excerpt: ...s follows. The Court did consider the late‐filed supplemental opposition, but it does not change the result of this ruling. The Court need not, and does not, rule on Defendants' objections to evidence submitted in support of Plaintiff's supplemental opposition since they concern evidence deemed immaterial to decision on the motion. Defendants' Request for Judicial Notice is granted. Factual and Procedural Background This case arises out of the ...

Excerpt: ...'s (“Decedent”) treatment in the emergency department at Methodist Hospital. Plaintiffs in pro per, Karen Newsom, and the Estate of Elean Newsom, by and through successor‐in‐interest, Karen Newson (collectively “Plaintiffs”), allege causes of action for wrongful death and survival following Decedent's death while hospitalized at Methodist Hospital. As Dignity Health points out in its supporting papers, all other named defendants have ...

Excerpt: ...red to notify responding parties immediately of the tentative ruling system and the manner to request a hearing. Plaintiff seeks an interlocutory order to partition the Subject Property, located at 3210 Lerwick Road, Sacramento, California 95821, assessor's parcel number 254‐0142‐007 ‐0000, by sale pursuant to Code of Civil Procedure section 872.720. Plaintiff argues partition is proper because the Subject Property is jointly owned by three...

Excerpt: ... items except item f, which is an email from Defendant's counsel to Plaintiff's counsel. This email is not the proper subject of judicial notice. As to the remaining items, which are documents in the Court's file in this action, judicial notice is taken only as to the existence of the documents only, not the truth of the matters asserted therein. (See Professional Engineers v. Dep't of Transp. (1997) 15 Cal.4th 543, 590 [judicial notice of findin...

Excerpt: ...sed at the hearing and the parties should be prepared to point to specific evidence which is claimed to show the existence or nonexistence of a triable issue of material fact. *** Defendant Safeway Inc.'s motion for summary judgment or, in the alternative, summary adjudication, is ruled upon as follows. In this employment action, Plaintiff Thomas LePage alleges he was wrongfully terminated by Defendant Safeway Inc. Plaintiff filed his complaint o...

Excerpt: ...vely, “McAtee”). Mid Valley has been served with the Summons and Complaint, but McAtee has not. Two Declarations of Diligence were filed by Plaintiff on June 9, 2022, indicating the Sheriff attempted to personally serve McAtee on April 29, 2022, at 14771 Sutter Highland Drive, Sutter Creek, California 95685, but was informed there is a new owner at the residence and McAtee had moved to Idaho. Thus, as to McAtee, the motion is DENIED as they h...

Excerpt: ...he Third Amended Complaint (“3AC”) is SUSTAINED without leave to amend as follows. Judicial Notice The State Defendants' request for judicial notice of the Government Claim filed by Plaintiff is granted. A court may also take judicial notice of the filing and contents of a Government Claim, but not the "truth of the claim." (Gong v. Rosemead (2014) 226 Cal.App.4th 363, 368, fn. 7.) Factual and Procedural Background This action arises from the...

Excerpt: ...red to notify responding parties immediately of the tentative ruling system and the manner to request a hearing. Plaintiff seeks an interlocutory order to partition the Subject Property, located at 3210 Lerwick Road, Sacramento, California 95821, assessor's parcel number 254‐0142‐007 ‐0000, by sale pursuant to Code of Civil Procedure section 872.720. Plaintiff argues partition is proper because the Subject Property is jointly owned by three...

Excerpt: ...laint is ruled as follows. Factual Background This matter arises from Plaintiff's former employment with Defendant. Plaintiff alleges she first began working for Defendant in November 2013 and for the first eight 8 years of her employment, she received verbal praise and positive performance evaluations. (Verified Complaint ¶¶ 6‐7.) Due to the COVID‐19 pandemic, Plaintiff and other employees of Defendant began working from home. Plaintiff al...

Excerpt: ...est for attorney's fees is DENIED as follows. Defendants' request for judicial notice is GRANTED. In 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.) Factual Background This action involves a dispute between Plaintiff KHM Holdings, LLC (“Plaintiff”) and various defendants, including instant mov...

Excerpt: ...ed to a credit card account. Plaintiff's request for judicial notice of a federal statute and a federal regulation is GRANTED. Facts Plaintiff's complaint for common counts stems from allegations that Defendant Kamille Ford (“Defendant”) applied to Plaintiff for a credit card account and entered into a written credit card account agreement with Plaintiff for the account number ending in 1000 (the "Account"). (UMF 1, 10.) Defendant agreed to b...

Excerpt: ...or Defendant to file and serve a supplemental declaration clarifying what sanctions it is seeking. Defendant has filed a supplemental declaration and the Court rules on the unopposed motion as follows. Defendant brings the instant motion on the grounds that Plaintiff has yet to provide verified responses to Defendant's requests for production, as ordered by the Court; Plaintiff has continued to refuse to respond substantively or properly to each ...

Excerpt: ...020, attorneys for Defendants California Window Concepts, Inc., California Windows Concepts (NV), LLC, and Preferred Window Products of Nevada, LLC withdrew from representation on the basis that the entities were suspended, dissolved, and inactive, respectively. On December 8, 2021, attorneys for Defendants Preferred Window Products, Inc., Preferred Window Products of California, LLC, and Pacific West Capital Holdings, Inc. withdrew from represen...

Excerpt: ...(“OSI”), was sued as a guarantor of the loan that OSI allegedly defaulted on. (Compl. ¶¶ 5‐7.) On May 6, 2020, Plaintiff filed a proof of service indicating substituted service upon Defendant Eiseman. (ROA 14.) According to the proof of service, the server attempted personal service on March 4, 2020 at 4:59 p.m. and March 5, 2020 at 9:15 a.m. (ROA 14, p. 3.) Each attempt was unsuccessful because Defendant was “[n]ot in.” (Ibid.) The s...

Excerpt: ... 32, and 38 is GRANTED. Plaintiff filed a statement of non‐opposition, which states “Plaintiff was in the process of supplementing the responses but informed Defendant's counsel that Plaintiff was having medical issues. Rather than meet and confer in good faith regarding these medical issues, Defendant filed these pre‐ emptive motions (see, Declaration of Peter F. Samuel, filed concurrently herewith.)” (ROA 35.) The Declaration of Peter F...

Excerpt: ...amily Revocable Trust, and Jerome H. Sprague Family Revocable Trust (collectively “Sprague Plaintiffs”) filed two separate documents entitled “Motion to Strike”, and both were rejected by the clerk in light of several deficiencies. (ROA 62 & 64.) It is uncertain whether Sprague Plaintiffs intended their “Motions to Strike” to act as a pseudo‐opposition, which Defendants seemingly allude to in their reply brief. Nevertheless, the Cou...

Excerpt: ...ended CrossComplaint (“FACC”), filed by Defendants and Cross‐Complainants Mitesh Patel (“Patel”) and David Kyle, D.O. (“Kyle”) ("Cross‐Complainants"). Facts and Procedural History This matter arises from a series of events, including business agreements, investments, and contracts, involving Nivano and the parties. On June 9, 2021, Nivano filed its unverified complaint against Patel and Kyle alleging causes of action for (1) Decla...

Excerpt: ...s the incorrect address for Department 54; the correct address is 813 6th Street, Sacramento, California 95814. The notice of motion also does not provide notice of the Court's tentative ruling system, as required by Local Rule 1.06(D). Counsel for moving party is directed to contact counsel for opposing party 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...

Excerpt: ...ent Claims Analyst, Government Claims Unit re: Jeff Baoliang Zhang is GRANTED. Factual Background Background Plaintiff filed his Complaint on June 25, 2021. The Complaint alleged a litany of incidents that occurred during the course of Plaintiff's time at two state hospitals, dating back as far as 2012. Defendant demurred to the Complaint on the grounds that it failed to state facts sufficient to constitute a cause of action because Plaintiff did...

Excerpt: ...tiff Steave Samuel McClain ("Plaintiff") alleges that on December 16, 2019, Rodriguez collided into Vehicle 2, pushed the vehicle into the rear of De Ayon's vehicle. De Ayon's vehicle pushed forward where its front end collided into rear of Vehicle 4. The impact continued until the front end of Vehicle 5 collided into the rear of Plaintiff's vehicle. Plaintiff filed his complaint on October 15, 2020. Non‐Settling Defendants and De Ayon cross‐...

Excerpt: ...iver Delta Joint Unified School District, Don Beno, and Laura Uslan, and Stephen Bunch (collectively "Defendants") fostered an atmosphere of rulebreaking, bullying, and sexual harassment because they allowed the harassment to continue and retaliated against Plaintiff when the harassment was reported. Plaintiff filed suit on June 12, 2017 against Defendants. The operative fifth amended complaint was filed on December 20, 2020, and asserts two caus...

Excerpt: ...tion”). Plaintiff Spears asserted the following causes of action against Defendant: (1) unfair competition in violation of California Business and Professions Code sections 17200, et seq.; (2) failure to pay overtime wages in violation of California Labor Code section 510; (3) failure to provide accurate and itemized wage statements in violation of California Labor Code section 226; and (4) failure to provide wages at termination in violation o...

Excerpt: ...unt. Facts Plaintiff's complaint for common counts stems from allegations that Defendant Francisco Alvarado Sr. (“Defendant”) applied to Plaintiff for a credit card account and entered into a written credit card account agreement with Plaintiff for the account number ending in 5386 (the "Account"). (UMF 1.) Defendant agreed to be bound by the terms and conditions set forth in the Cardmember Agreement when Defendant applied for, received or us...

Excerpt: ...omplaint for common counts stems from allegations that Defendant Felicia Goldwire (“Defendant”) applied to Plaintiff for a personal loan and entered into a written loan agreement with Plaintiff for the account number ending in 9052 (the "Account"). (UMF 1.) Pursuant to the direction of Defendant, Plaintiff distributed the loan and financed the amount to Defendant by check to Defendant's designated bank account or to a thirdparty designee. (UM...

Excerpt: ...Voiselles served their responses by email. The 45‐day for Purplebricks to file the instant motion to compel was extended by 2 court days, pursuant to CCP §§ 1013(g), 1010.6(a)(4)(b), and 2033.290(c), making Purplebricks' deadline to file July 6, 2022. (Declaration of Loan Dao (“Dao Decl.”), ¶¶ 2 ‐4.) Purplebricks seeks an amended code‐ complaint response to form interrogatory response 17.1 from Mark and Lisa Voiselle pursuant to CCP...

Excerpt: ...eers v. Dep't of Transp. (1997) 15 Cal.4th 543, 590 [judicial notice of findings of fact does not mean that those findings of fact are true]; Steed v. Department of Consumer Affairs (2012) 204 Cal.App.4th 112, 120‐21 [“[W]hile the existence of any document in a court file may be judicially noticed, the truth of the matters asserted in those documents, including the factual findings of the judge who was sitting as the trier of fact, is not ent...

Excerpt: ...sponding parties immediately of the tentative ruling system and the manner to request a hearing. Factual Background This action arises out of Plaintiff's prior employment with CDCR as a psychiatrist. (Verified First Amended Complaint [“FAC”] ¶ 6.) Plaintiff's employment began in March 2010 until she was terminated on October 20, 2017. (FAC ¶ 6, 64.) Plaintiff filed the operative FAC on June 21, 2008, alleging 10 causes of action for disabil...

Excerpt: ...ident at Defendant's nursing facility. The complaint is brought by Mr. Ruff's purported heir, stepson, and successor in interest, Robert Benning (“Mr. Benning”). This matter concerns two arbitration agreements that were signed during the time Mr. Ruff resided at Defendant's facility. The first agreement was signed by Mr. Ruff on April 23, 2018. (Declaration of Ryan Canavan (“Canavan Decl.”), Ex. A.) On May 21, 2018, Mr. Ruff and Mr. Benni...

Excerpt: ...is”) (collectively “Defendants”) motion to strike portions of Plaintiff's second amended complaint (“SAC”) is ruled upon as follows. This is a personal injury action arising from a car accident. Plaintiff alleges that Davis was driving her vehicle in an intoxicated state. As Defendant Davis rapidly approached and began to pass Plaintiff's vehicle, due to her intoxication Davis failed to keep her vehicle in her lane, erratically turning ...

Excerpt: ...ce and Related Documents is DENIED for the reasons stated herein. Background On June 3, 2021, Plaintiff filed this personal injury action arising out of a car accident from 2019 where Defendant Charles Peter Hershey, while working for Defendant O'Reilly Automotive Stores, Inc., rear‐ended Plaintiff's car. (Compl., p. 4.) On March 30, 2022, Plaintiff served its Request for Production of Documents, Set Two, upon Defendants. (Mot., p. 4:2‐3.) It...

Excerpt: ...y Management, Inc.s' (collectively "Defendants") motion to compel compliance with the Court's discovery orders, terminating and monetary sanctions is ruled upon as follows. On September 14, 2021, the Court granted Defendants' unopposed motion to compel plaintiff Charles' attendance at deposition along with documents requests. The Court directed Plaintiff to appear at deposition no later than October 15, 2021 (unless defendants agreed to a later d...

Excerpt: ...fied Responses and Responsive Documents to Plaintiff's Request for Production of Documents, Set 3, Nos. 41 & 43 is GRANTED for the reasons stated herein. Background On September 25, 2020, Plaintiff brought this employment action under the Fair Employment and Housing Act against Defendant ‐ her employer ‐ alleging racial discrimination, retaliation, and failure to take corrective action. On January 5, 2022, Plaintiff propounded Plaintiff's Req...