Excerpt: ... action on November 6, 2017. Pursuant to a stipulation, the Court authorized Plaintiff to amend its complaint to drop its writ of mandate claim and assert a claim for tax refund, and this matter was reassigned from the writ department. (ROA 28.) Plaintiff filed its First Amended Complaint (“FAC”) on August 30, 2018, which states a single cause of action for tax refund pursuant to California Revenue and Taxation Code § 6933. (ROA 29.) On Octo...

Excerpt: ...sideration on July 19, 2019, with a hearing date of July 30, 2019. On July 29, 2019, the Court tentatively dropped the matter from calendar, without prejudice, due to defective service. At the hearing, Plaintiff's oral motion to continue the hearing was granted without objection. The matter was continued to August 23, 2019. After Plaintiff filed her first motion, but before the Court heard the first motion on July 30, 2019, Plaintiff filed what a...

Excerpt: ...al argument on the continuance date. Defendant Walkenhorst's, Inc.'s ("Defendant") demurrer to self‐represented plaintiff Alonzo Joseph's ("Plaintiff") complaint is UNOPPOSED and is SUSTAINED with leave to amend. Plaintiff is an inmate with the California State Prison in Represa, California. Plaintiff filed a form complaint on May 14, 2019. (ROA 1.) General negligence would appear to be alleged, although "product...

Excerpt: ...what the marking indicates (it is not readable) and it is speculation on Plaintiff's part that the marking indicates the declaration was not personally signed by Mr. Cheban. The additional objections regarding the declaration of Mr. Cheban are also overruled. To the extent Plaintiff “objected” to several of Defendants UMFs on the ground the characterization of the UMF is uncertain, ambiguous, and irrelevant, such objections are overruled beca...

Excerpt: ...amlin (Hamlin) (collectively “Plaintiffs). The SAC contains a single cause of action for legal malpractice. Plaintiffs allege that they are beneficiaries of a family trust (the “Trust”). They contend that, after each of the original trustees died, Defendants failed to take certain actions in relation to the Trust. Among other things, Plaintiffs allege that (1) Defendants failed properly to advise the surviving trustee after the other truste...

Excerpt: ... filing papers in this court. Copies of papers filed with the court must be served on parties that have appeared in the action or, if the parties are represented, then on their counsel of record. In addition, written proof that such service was made must be filed with the court prior to hearing. (See Sacramento County Superior Court Local Rule 2.30(E).) Future failures to serve papers could result in adverse rulings, including rulings that papers...

Excerpt: ...her Dockery, Jr., for injuries she sustained after allegedly hiring them to transport her to her home. Among other things, she alleges that each defendant negligently maintained the vehicle and thereby caused the collision. (See Compl., ¶ 8.) She also advances theories of negligence based on the defendants' ownership, entrustment and operation of the vehicle. (See id.) Hertz demurs on grounds that the allegations are uncertain, fail to state a v...

Excerpt: ...for the benefit of the parties and counsel but in Judge Rodda does not find it to be a reason for recusing himself from this matter. *** *** If oral argument is requested, the parties are directed to notify the clerk and opposing counsel at the time of the request which of the three issues submitted for summary adjudication, which of moving defendant's 20 Undisputed Material Facts and/or which of plaintiff's 19 Additional Material Facts will be a...

Excerpt: ...ow 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. *** The notice of motion does not provide notice of the court's tentative ruling 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 heari...

Excerpt: ...unsel 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 in person or by telephone. Factual Background This action arises out of a dispute relating to TSCS, an LLC which operates a restaurant and bar in Sacramento. Plaintiffs are two of the founding members in ...

Excerpt: ...ressed at the hearing. Counsel are also reminded that pursuant to local rules, only limited oral argument is permitted on law and motion matters. *** The notice of motion does not provide notice of the court's tentative ruling 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 ...

Excerpt: ...ic discovery requests that will be addressed at the hearing. Counsel are also reminded that pursuant to local court rules, only limited oral argument is permitted on law and motion matters. *** Moving counsel failed to comply with CRC Rule 3.1345(c) inasmuch as the moving separate statement failed to include the definitions of various terms used in the underlying discovery requests and Rule 3.1345(c) clearly requires the separate statement to inc...

Excerpt: ...s the lanes and directly into plaintiffs' path of travel. Plaintiffs have propounded discovery but defendant's counsel has indicated defendant is mentally incapable of responding and may be suffering from Alzheimer's disease. Plaintiffs have issued a subpoena to UC Davis Medical Center seeking defendant's records which pertain to “Dementia and or Alzheimer's [sic].” Defendant now moves to quash the subpoena on various grounds including that i...

Excerpt: ...eting, and corporate officer, Felicia Joubert (“Joubert”) secretly established co‐defendant Emergent Technology Services, Inc. (“Emergent”) to compete with DSI. Joubert resigned in October 2017. After she resigned, DSI accessed her company email account and discovered that she deleted all the email in her "sent" email folder prior to her resignation. DSI alleges that pursuant to DSI Mirror Stock Plan, upon resignation Joubert wa...

Excerpt: ...ssed 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. *** Defendants Aeorojet Rocketdyne, Inc. (“ARI”) and Steve Hill's (“Hill”) (collectively “Defendants”) motion for summary judgment, or in the alternative, summary adjudication is ruled upon as follows. 1. Overview This is an employment action. Plaintiff Stev...

Excerpt: ...laintiff Lambert Davis (Davis) is suing Defendants for violation of the Unruh Civil Rights Act, CC §§ 51 and 52(a). Davis allegedly operates a company that produces and sells cheesecakes. He alleges that he sometimes provides individuals in professional athletics with cheesecakes in exchange for tickets to sporting events. Davis, who is African‐American, describes Krivacic as a Kings employee who currently serves as the Assistant Golden One B...

Excerpt: ...te Compensation Insurance Fund (“SCIF”). Plaintiff alleges that SCIF assigned its rights to Plaintiff. At issue on this motion are Plaintiff's responses to Defendant's special interrogatories 1‐9 and Form Interrogatory 50.1. At the outset, the Court will not deny the motion based on a failure to meet and confer. While Defendant sent a single brief letter shortly before the motion to compel deadline, at least with respect to special interrog...

Excerpt: ... motion spans just a few pages, fails to include a proper notice of motion, and does not provide any evidence of any subpoena much less a basis upon which to evaluate the subpoena. Further, the motion contains no proof of service and was dated August 28, 2018, just 5 court days prior to the hearing. Nevertheless, Defendants filed a response to the motion which did not object to the service defect and indicated that they were withdrawing the subpo...

Excerpt: ...ance is required on September 5, 2018. Plaintiff Merrick shall be available, by COURTCALL, to participate in oral argument on the continuance date. The plaintiff filed a late opposition on August 23, 2018, the original hearing date. The Court has reviewed the opposition and determines that nothing in the opposition cures the defects of the First Amended Complaint. Therefore, for the reasons stated below and in the Reply, the demurrer is sustained...

Excerpt: ...nation in violation of public policy, IIED, NIED, and breach of contract. Plaintiff alleges that he was “lured” from his lucrative consulting practice by Assemblyman Mathis to help fix problems in his office. He alleges that this required him to prevent Mathis from misusing state resources, engaging in sexual harassment and other improper behavior. (Comp. ¶¶ 1, 18, 19.) Plaintiff alleges that he sought assistance from the Assembly Rules Com...

Excerpt: ...er 3, 2016, to March 31, 2018, and that during that time, Defendants withheld care and services, resulting in injuries and Plaintiff's ultimate death. Plaintiff's complaint alleges causes of action for elder abuse and negligent hiring/supervision. Mr. Murch is the CEO of Eskaton, Ms. Donovan is the Secretary of Eskaton, and Mr. Pace is the CFO of Eskaton. (Complaint ¶¶ 4‐6.) Defendants demur only to the first cause of action for elder abuse o...

Excerpt: ...predecessor law firm (Radoslovich Parker Turner). Defendant has demurred to the second cause of action for elder abuse on the grounds that it fails to state facts sufficient to constitute a cause of action (Code Civ. Proc. § 430.10(e)) and is uncertain (Code Civ. Proc. § 430.10(f)). Legal Standard The rules applicable to demurrers require that pleadings are to be liberally construed. (CCP § 452.) A demurrer admits the truth of all material fac...

Excerpt: ...ollows. This matter was continued from August 21, 2018, to today's date to permit Defendants to file a reply to Plaintiff's late‐filed opposition, which was filed only two days prior to the hearing. Defendants have not filed any reply. Defendants' request for judicial notice is granted. (See Poseidon Devel., Inc. v. Woodland Lane Estates, LLC (2007) 152 Cal.App.4th 1106, 1117‐18; see also Stratford Irrig. Dist. v. Empire Water Co. (1941) ...

Excerpt: ...otion for preliminary injunction on March 17, 2015 restraining Defendants from transferring title to the vehicles pending trial. Since that time, however, the Court has granted both Defendants' motions for terminating sanctions against Plaintiff. (ROA 199, 200.) Further, Defendant Yevgeniy Perehon's motion that requests for admission be deemed admitted against Plaintiff was granted on September 27, 2017 pursuant to which Plaintiff was deemed to a...

Excerpt: ...(d) and the records provide background regarding this lawsuit. This case arises from a motor vehicle accident involving self‐ represented Plaintiff Anna Tagintseva and Defendant Nataliya Basarab. Ms. Basarab was driving Defendant Pughsley's vehicle at the time. Plaintiff initially filed the action in this Court's small claims division but then dismissed the matter without prejudice. As seen from the complaint, she then filed the action in Yolo ...