Excerpt: ... 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. Factual Background This action arises from the implantation and alleged failure of a medical device called the Celect® Vena Cava Filter, whic...

Excerpt: ...in good faith. Raley's requests for judicial notice of court documents are GRANTED. One of the judicially noticeable documents Raley's tenders is this court's order denying the motion for summary judgment (MSJ) brought by Defendant and settling party Dignity Health dba Mercy San Juan Medical Center (Dignity Health). On its own motion, the court takes judicial notice of the moving, opposing and reply papers filed in connection with the MSJ. This i...

Excerpt: ...tters. *** Defendant McClatchy Newspapers, Inc.'s motion for summary judgment or summary adjudication is ruled upon as follows. Judge Krueger discloses that he has been a continuous subscriber to the Sacramento Bee since approximately 1995. He also served as an intern reporter in McClatchy Newspapers' Washington, D.C. bureau while in college. Judge Krueger does not believe that there is any basis for him to be disqualified from hearing this case....

Excerpt: ...llectively “Defendants”) to the third amended complaint (TAC) is OVERRULED. The court disregards evidence submitted with the parties' papers. The court may not consider evidence on demurrer. Moreover, assuming any part of the evidence is subject to judicial notice, there is no request for judicial notice before the court. Overview This case presents a business dispute. The plaintiff is Patricia Blank (Blank). Blank alleges that Mitchell induc...

Excerpt: ...llectively “Defendants”) to the third amended complaint (TAC) is OVERRULED. The court disregards evidence submitted with the parties' papers. The court may not consider evidence on demurrer. Moreover, assuming any part of the evidence is subject to judicial notice, there is no request for judicial notice before the court. Overview This case presents a business dispute. The plaintiff is Patricia Blank (Blank). Blank alleges that Mitchell induc...

Excerpt: ...Bank (“USB”), Fay Servicing, LLC and Attorney Lender Services, Inc.'s (collectively “Defendants”) demurrer to plaintiff's complaint is SUSTAINED but with leave to amend, as follows. Although the notice of demurrer 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 1/1/2018. Factual Background Co...

Excerpt: ...s. *** Defendants Life Generations Healthcare, LLC; Thomas Olds, Jr.; and GHC of SACSNF, LLC's (collectively “Defendants”) demurrer to the Second Amended Complaint (“2AC”) is SUSTAINED but with leave to amend, as follows. Factual Background This action arises from the care rendered to Evelyn Gurion from July 2014 through September 2014, when she died on 9/9/2014. This lawsuit was commenced on 9/9/2015 and the 2AC filed on 9/7/2017 purport...

Excerpt: ... Procedure section 2033.300(a). “The court may permit withdrawal or amendment of an admission only if it determines that the admission was the result of mistake, inadvertence, or excusable neglect, and that the party who obtained the admission will not be substantially prejudiced in maintaining that party's action or defense on the merits.” (Code Civ. Proc. § 2033.300 (b).) This provision applies to admissions expressly made by a party as we...

Excerpt: ...ate of April 19, 2018. On March 29, 2018, Plaintiff filed an ex parte application to continue the summary judgment hearing on the grounds that postponement was warranted to “allow for the hearing of [Plaintiff's] pending discovery Motions and further Motions … to be filed in the near future based on [Defendants] serving Responses to discovery that consisted of frivolous boiler‐plate objections with no substantive responses and no production...

Excerpt: ...tective Order. Plaintiff avers that he was entirely unaware of this lawsuit and denies that he was ever served with operative First Amended Complaint or any other pleading or document in this lawsuit until he received two deposition notices. Upon further inquiry, he learned that co‐Defendant Marjorie Snoke (aka Marjorie Covert) had forged his name on these pleadings. According to moving Defendant, on June 22, 2018, at the schedule hearing regar...

Excerpt: ...oes 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 forthwith and advise counsel of Local Rule 1.06 and the court's tentative ruling procedure. If counsel for moving part is unable to contact counsel for the opposing party prior to the hearing, counsel for the moving party shall be available at the hearing, in person or by tele...

Excerpt: ...rked at Sutter facilities at the relevant time periods in questions and Plaintiff alleges that the unlawful access to her medical records occurred as a result of his employment while they were legally separated and after their divorce. Plaintiff alleges that she has experienced significant loss of privacy and emotional distress as a result of Defendant Taggard accessing private information in her medical records. Defendant Taggard contends that i...

Excerpt: ...t to specific evidence which is claimed to show the existence or non‐existence of a triable issue of material fact. *** The court notes that both defendants and plaintiffs filed in connection with this motion a number of the decedent's medical records, all of which are now viewable by the public via the court's CCMS system. All counsel are reminded that the court's new CCMS system allows the public to electronically access and view all pleading...

Excerpt: ...0(c) as a result of Plaintiff's failure to comply with this Court's June 11, 2018 order. The June 11 order compelled Plaintiff to provide verified responses without objections to Defendant's Form Interrogatories, Set One; Special Interrogatories, Set One; and Request for Production of Documents, Set One by June 21, 2018. Defendant had not received responses as of the date of the filing of the motion. Defendant seeks monetary sanctions in the amou...

Excerpt: ... Grove. Plaintiff hit her head on a large firehose valve and firehose support bracket as she was rising up from a bent position. Plaintiff filed her complaint on 9/25/2015, a few days before the statute of limitations expired. The complaint names all current defendants, including JJD‐HOV Elk Grove, LLC and Dana Butcher Associates. Defendants move for discretionary dismissal on the grounds that Plaintiff did not serve them with the summons and c...

Excerpt: ...�MEC”) motion for protective order. Maciora had propounded Requests for Production, Set Four, on MEC. The RFPs provided the following definitions: 1. UBA Contract ‐ The valid and effective contract referred to in Paragraph 85 and Paragraph 86 of your Third Amended Complaint. 2. Tangiers Capital Contract ‐ The valid and effective investment agreement between MEC and Tangiers Capital referred to in Paragragh 87 of the Third Amended Complaint....

Excerpt: ... the issue of unconscionability is properly before the court, did the Compensation Agreement require Misfud to repay draws personally if she left her employment and did not receive commissions covering the draws? If so, did that saddle her with a harsh, one‐sided risk (i.e., that she could effect sales without receiving any commissions) not present in Am. Software v. Ali (1996) 46 Cal.App.4th 1386, 1389, 1393? (3) Assuming the issue of unconsci...

Excerpt: ... will be prejudiced absent sealing; the proposed sealing is narrowly tailored to serve the overriding interest; and there is no less restrictive means of achieving the overriding interest. The Clerk of the Court is directed to file unredacted exhibits 10, 11 and 12 and immediately change their security clearance so that they are not available for public viewing. The minute order is effective immediately. No formal order pursuant to CRC 3.1312 or ...

Excerpt: ...motion to vacate and/or correct the arbitration award is DENIED except where noted otherwise, as follows. Although 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 1/1/2018. Factual Background This action arises out of plaintiff's prior employment as a manager of a franchise resta...

Excerpt: ...eceived plaintiff's discovery requests but that she has nevertheless complied with them by meeting with plaintiff's principal and providing a variety of documents from her insurance company. Aside from the fact that defendant in pro per has failed to provide admissible evidence which establishes she never received the underlying discovery requests, the court is not persuaded that her representation about meeting with plaintiff's principal and pro...

Excerpt: ...TED IN PART and DENIED IN PART, as follows. As it now appears that defendant Raptis has provided the overdue discovery responses previously compelled in the court's earlier orders, has agreed to make himself available for deposition and has tendered payment of monetary sanctions previously imposed, the court declines to impose here any issue, evidence or terminating sanctions against defendant Raptis as such sanctions would result in an unjus...

Excerpt: ...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. *** Defendant Stewart Title of Sacramento's (“STS”) motion for summary judgment, or in the alternative, summary adjudication is ruled upon as follows. Overview This is an action for equitable indemnity, implied indemnity and declaratory relief. Plaintif...

Excerpt: ...��Mark”), doing business as Whisler Land Company (“WLC”) agreed to manage properties owned by Edward. Robert and Edward are brothers. WLC is a licensed real estate broker and Robert an associate licensee. In 2004, WLC and Robert entered into a contract wherein Robert agreed to provide property management services as an independent contractor to WLC. Robert and WLC are collectively referred to herein as “Plaintiffs.” Plaintiffs allege th...

Excerpt: ...asserts a cause of action for Quiet Title. Camacho alleges that in 1994 she purchased the Property, Zepeda provided less than $3,000 for the purchase deposit. Both Zepeda and Camacho were listed on the title, but it was “understood” that Zepeda was the sole owner of the Property. In 2002, Zepeda was deported to Mexico. Camacho then took possession of the Property, has remained in continuous possession, and has made all payments for the Proper...

Excerpt: ...rs 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, 120‐121.) Overview and Procedural History This is a construction defect action for 7 homes. The SAC asserts a single cause of action for violation of Civ. Code §896. Plaintiffs filed their initial complaint on 6/10/2014 which included caus...