Excerpt: ...t's premises located at 1402 O Street, Unit A. Plaintiffs' First Amended Complaint [“FAC”] alleges 12 causes of action concerning the habitability of the unit they rented. On August 3, 2022, the Court sustained without leave to amend Defendant's demurrer to Plaintiffs' eleventh cause of action for violation of Business and Professions Code §§ 17200 et seq. (ROA 48.) The instant motion seeks multiple alternative forms of relief regarding the...

Excerpt: ...y, the Court combines its rulings on the demurrer and the motion to strike into this single tentative ruling. MEET AND CONFER OBLIGATIONS Code of Civil Procedure (“CCP”) section 430.41(a) requires a party seeking to file a demurrer to meet and confer “in person or by telephone” with the party who filed the pleading that is subject to demurrer for the purposes of determining whether an agreement can be reached that would resolve the object...

Excerpt: ...laintiff alleges that he is an African American male that was discriminated and retaliated against by the County while working in the Waste Management Department under the leadership of Nav Gill and Doug Sloan. Recently, Nav Gill has retired under scrutiny for his treatment of minorities. (Complaint, ¶ 1.) Plaintiff alleges that he was hired in January 2008 as a Sanitation Worker. In 2014, he was promoted to Landfill Equipment Operator (“LEO�...

Excerpt: ...on matters. *** Plaintiff's motion to compel Defendant Global Consortium Group, LLC's ("Defendant") further responses to form interrogatories is ruled upon as follows. The Court notes that Defendant's opposition does not appear in the Court's register of actions. Thus, Defendant did not file an opposition to the motion. Plaintiff, however, filed a reply to Defendant's opposition. Therefore, Defendant served its opposition on Plaintiff. Based on P...

Excerpt: ...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 California Department of Corrections and Rehabilitation's (“CDCR”) motion for summary judgment, or in the alternative, summary adjudication is ruled upon as follows. I. Overview This is FEHA employment retaliation action. Plaintiff Anthony Pennella (“Plaintiff”) alleges ...

Excerpt: ...e sale of 8 residential/investment properties in September 2015. Plaintiff alleges that Defendant Raymond Sahadeo (“Sahadeo”) was removed as a co‐manager of S360 for cause, and is currently a 50% member of S360. Plaintiff alleges that Sahadeo allegedly caused the 8 properties to be transferred to his father, Defendant Dhanraj Sahadeo (“Djanrah”). Dhanraj allegedly did not pay adequate consideration for the properties. Seven of the eight...

Excerpt: ... regarding a 2014 Chevrolet Cruze (“Vehicle”) which was manufactured and/or distributed by GM. Plaintiffs received an express warranty. Plaintiffs allege that during the warranty period defects arose with the cooling system. In October 2016, Plaintiffs presented the Vehicle to GM's authorized repair facility. They brought the Vehicle for repair another three times, with the last in August 2020. Plaintiffs allege that the statute of limitation...

Excerpt: ...nstruction, LP (“Webcor”) to build tennis courts at American River College in Sacramento. Plaintiff also hired Neil O. Anderson Associates, the predecessor to Defendant Terracon Consultants, Inc. (“Terracon”), to perform a geotechnical assessment of the ground where the tennis courts would be built. Webcor retained Cross‐ Defendant Duran & Venables (“D&V”) to perform the actual construction of the tennis courts. Webcor then hired Wa...

Excerpt: ...ntative ruling to Plaintiff Dimario Pickford within 48 hours of 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 Dimario Pickford need not request oral argument. The Litigation Coordinator shall make Plaintiff Dimario Pickford available, by Zoom telephonically, at 9:00 a.m. on the date of the continued...

Excerpt: ...) against Cross‐Complainants and CrossDefendant alleging causes of action for (1) failure to register franchise, (2) unfair competition, (3) intentional misrepresentation, (4) negligent misrepresentation, and (5) declaratory relief. (See ROA 25.) Cross‐Complainants subsequently filed their crosscomplaint against Cross‐Defendant on September 25, 2020 with causes of action for (1) express contractual indemnity, (2) total implied indemnity, (3...

Excerpt: ...es between two individuals who were formerly in a romantic relationship and allegedly entered into an agreement to make equal financial contributions to the maintenance of the home in which they lived. Both Plaintiff and Defendant have since vacated the home and now rent it out. Plaintiff alleges that Defendant has since failed to provide her agreed upon share of the financial contributions to maintain the property. Moreover, Plaintiff alleges th...

Excerpt: ...ntiff provides no explanation as to why his opposition was filed eight days late, and he has not requested relief to file a late opposition. Accordingly, the Court has not considered Plaintiff's untimely opposition. Background Plaintiff in pro per Martin Tejada (“Plaintiff”) filed this action on September 2, 2022 against Owner Defendant as well as Defendants Keith Seibert, Miguel Ruiz Gomez, and 92612 Dunes Lane, an Oregon Limited Liability C...

Excerpt: ... claims an interest. According to the initial complaint, Plaintiff agreed to purchase the subject property from Defendant in early 2010. (Complaint, ¶ 9.) Shortly thereafter, Plaintiff unsuccessfully attempted to obtain title insurance on the property. (Ibid.) Plaintiff also asked the Sacramento Police Department to inspect the property, who discovered that the property was not vacant as Defendant has assured Plaintiff but was occupied by severa...

Excerpt: ...tely of the tentative ruling system and the manner to request a hearing. If Nissan is unable to contact Plaintiff prior to hearing, Nissan is ordered to appear at the hearing. Nissan's request for judicial notice is granted. Plaintiff's request for judicial notice is granted. Plaintiff filed this lemon law action against Nissan on October 2, 2019, arising out of Plaintiff's purchase of a 2016 Nissan Titan (the “Subject Vehicle”) from Nissan o...

Excerpt: ... 813 6th Street, Sacramento, California 95814. Plaintiff shall notify defendant Jamaree Mitchell (“Defendant”) immediately. The notice of motion does not provide notice of the Court's tentative ruling system, as required by Local Rule 1.06. Plaintiff is directed to contact Defendant and advise of Local Rule 1.06 and the Court's tentative ruling procedure and the manner to request a hearing. If Plaintiff is unable to contact Defendant prior to...

Excerpt: ...urt, and hereby does move this Court, for Summary Judgment pursuant to California Code of Civil Procedure Section 437(c), or in the alternative, Summary Adjudication pursuant to California Code of Civil Procedure Section 437(f).” (Notice at 2:3‐6.) While Plaintiff does not set forth with precision the grounds upon which this motion is made, it can be deciphered from Plaintiff's moving papers that the basis for the motion is that Plaintiff can...

Excerpt: ...s and whether, as alleged, Samuel Fong (deceased) (“Sam”) operated the family businesses for the personal benefit of his mistress, Yimin Dai and himself. Defendant is the trustee of the Samuel B. Fong Trust and Executor of Samuel B. Fong's estate. Plaintiff is one of Sam's siblings. In this omnibus motion, Defendant argues Plaintiff failed to timely serve responses to his form interrogatories, requests for admission, special interrogatories, ...

Excerpt: ...ument indicating Plaintiff had voluntarily separated from his position because he was “Dissatisfied with work and company,” despite Plaintiff making clear he resigned for his “health and wellbeing/safety.” The Court sustained Defendant's demurrer to the complaint on September 22, 2022 and Plaintiff filed a first amended complaint on October 6, 2022 alleging the same three causes of action. On September 14, 2022, Plaintiff filed the instan...

Excerpt: ... for judicial notice shows that Plaintiff's request for admissions to Defendant Donald Bieneman were deemed admitted on July 7, 2022. When the moving party is the plaintiff, there is only one ground for a motion for judgment on the pleadings: "the complaint states facts sufficient to constitute a cause or causes of action against the defendant and the answer does not state facts sufficient to constitute a defense to the complaint." (C.C.P. 438(c)...

Excerpt: ...ether a proposed settlement in a class action is fair. (Rebney v. Wells Fargo Bank (1990) 220 Cal. App.3d 1117, 1138.) The law favors settlement, particularly in class actions and other complex cases where substantial resources can be conserved by avoiding the time, cost, and rigors of formal litigation. (See Newberg on Class Actions 4th (4th ed. 2002) § 11.41 (and cases cited therein); Class Plaintiffs v. City of Seattle (9th Cir. 1992) 955 F.2...

Excerpt: ...gages 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 or summary adjudication. (FPI Dev. Inc. v. Nakashima (1991) 231 Cal.App.3d 367, 381‐382.) Because a motion for summary judgment or summary adjudication is limited to the issues raised by the pleadings (Lewis v. Chevron (2004) 119 Cal. App. 4th 690, 694), all evidence submi...

Excerpt: ...g from Plaintiff's purchase of a 2011 Chrysler Town & Country vehicle (the “Vehicle”) manufactured by FCA. Defendants move for judgment on the pleadings as to the first cause of action for violation of Civil Code § 1793.2(d), the fourth cause of action for breach of express warranty, the fifth cause of action for breach of the implied warranty of merchantability, the sixth cause of action for fraud, and the seventh cause of action for neglig...

Excerpt: ...of action for violation of the Song‐Beverly Act and a fifth cause of action for fraudulent inducement ‐ concealment. Defendant demurs to the fifth cause of action on grounds it is barred by the economic loss doctrine and fails to state facts sufficient to constitute a cause of action. Plaintiffs oppose the demurrer. Economic Loss Doctrine “In general, there is no recovery in tort for negligently inflicted ‘purely economic losses,' meaning...

Excerpt: ...essed at the hearing. The parties are also reminded that pursuant to local rules, only limited oral argument is permitted on law and motion matters. *** The Court notes that the caption page for all papers filed and served in this action should reflect the caption found on the original complaint filed on 8/20/2020 regardless of the addition or dismissal of parties. The Court also notes that the 3AC does not comply with CRC Rule 2.112(4), requirin...

Excerpt: ...ies when the memorandum exceeds 10 pages. None of the exhibits identified in the Esparza Declaration (including the relevant Traffic Collision Report) was actually attached to the declaration. Both moving and opposing counsel failed to comply with CRC Rule 3.1110(b)(3). Factual Background This action arises out of a motor vehicle/bicycle accident occurring on 9/21/2021 in Sacramento. In November 2021 plaintiff's counsel requested a copy of the Tr...

Excerpt: ...nable to contact opposing counsel prior to hearing, moving counsel is ordered to appear at the hearing by Zoom or by telephone. Defendant Rushmore Loan Management Services, LLC's (“RLMS”) motion for summary judgment or alternatively, for summary adjudication of the eight (8) individual causes of action alleged in plaintiff Cisneros' operative Second Amended Complaint (“2AC”) is ruled upon as follows. *** If oral argument is requested, the...

Excerpt: ...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 counsel is unable to contact opposing counsel prior to hearing, moving counsel is ordered to appear at the hearing by Zoom or by telephone. The notice of motion also does not comply with Code of Civil Procedure §1010 or CRC Rule 3.1110(a). Factual Background Thi...

Excerpt: ...d 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. *** Defendants Susan Pikowsky, Raymond Tartar, Hallmark Properties, Harry M. Manji, Jon Yoshizo Manji, and the Manji Trust's (“Defendants”) motion for summary judgment and/or adjudication is ruled as follows. Plaintiffs Angela Andrews, and Harold Andrews, by and through his legal representative ...

Excerpt: ...Plaintiffs' request for judicial notice of a Residential Income Property Purchase Agreement is DENIED. The existence of a contract between private parties cannot be established by judicial notice under Evidence Code, § 452, subdivision (h). (Gould v. Maryland Sound Industries (1995) 31 Cal.App.4th 1137, 1145.) Plaintiffs request for judicial notice of a deed of reconveyance is GRANTED. (Evid. Code, § 452, subd. (d).) Defendants' request for jud...

Excerpt: ...ndants John C. Wong (“Defendant John”), Richard Wong (“Defendant Richard”), Eugene Wong (“Defendant Eugene”), Eugson Wong (“Defendant Eugson”), Ting Chu Wong (“Defendant Ting Chu”), and Thomas Wong (“Defendant Thomas”) (collectively “Defendants”). (ROA 1.) Plaintiff alleges six causes of action ‐ (1) Declaratory Relief, (2) Breach of Fiduciary Duty, (3) Fraud, (4) Conversion, (5) Aiding and Abetting Breach of Fiducia...

Excerpt: ... contract with “The State of California” (“State”) in which the State would purchase personal protective equipment (“PPE”) for a total price of $799,015,000. Plaintiff did not receive any advance payments on the contract. At or around the same time, the State entered into contracts with least two other providers for the purchase of PPE, BYD Motors (“BYD”) and Blue Flame Medical, LLC (“Blue Flame”). Plaintiff is informed and be...

Excerpt: ... an adult service program that provides elderly and disabled adults an array of therapeutic programs. Defendant is an administrator for Kingdom Living ADHC. Eddie was a client of Kingdom Living ADHC from November 2016 to March 2019. In March 2019, Plaintiff moved her son to a different facility and alleges she learned from the administrator at the new facility that Defendant was making defamatory statements about her. Plaintiff alleges a single c...

Excerpt: ...the separate statement. Defendant applied for and was issued a Wells Fargo credit card ("Subject Account") ending in 5642. (UMF 1.) Plaintiff sent Defendant the credit card along with the written Customer Agreement associated with the credit card. (UMF 2.) Attached to the Declaration of Plaintiff's Qualified Witness as Exhibit "1," and incorporated herein by reference, is a true and correct copy of Defendant's Customer Agreement. Pursuant to the ...

Excerpt: ...n, the Court must still hold a hearing on the motion as it may involve the receipt of evidence or an appearance by a Class Member. Although the Court anticipates that no party will request oral argument, and while no Class Member indicated any intent to appear at the hearing, this does not relieve the parties from appearing at the hearing or otherwise render the instant ruling final in the event oral argument is not requested. The Court will not ...

Excerpt: ...ury action arising from a motor vehicle accident that occurred on November 15, 2019, on westbound US‐50 in Sacramento, California (the “Incident”). The Incident involved Mr. Lachica, a truck driver in the employ of Mr. Singh, and Plaintiff, who is employed by CDCR. (Jacobson Decl. ¶ 2, 4.) Plaintiff alleges injuries as a result of the Incident, including lost wages and loss of earning capacity. (Jacobson Decl. ¶ 3, Exh. 2.) By this motion...

Excerpt: ...06 and the Court's tentative ruling procedure. If Defendants' counsel is unable to contact opposing counsel prior to the hearing, Defendants' counsel shall be available at the hearing, in person or remotely (telephonically or by video conference via Zoom as stated in the introductory notice to today's tentative rulings), in the event opposing counsel appears without following the procedures set forth in Local Rule 1.06 (B). Defendants' motion for...

Excerpt: ...loyment law action, self‐represented Plaintiff Juliet Valderrama (“Plaintiff”) alleges causes of action under the Fair Employment and Housing Act (“FEHA”) for physical disability discrimination, physical disability harassment, failure to accommodate disabilities, failure to engage in the interactive process, and retaliation. Plaintiff also alleges a cause of action for violation of her rights under the California Family Rights Act (“C...

Excerpt: ...reet, Sacramento, California 95814. Ford's counsel is directed to contact opposing counsel forthwith to advise counsel of Department 53's correct address, Local Rule 1.06, and the Court's tentative ruling procedure. If Ford's counsel is unable to contact opposing counsel prior to the hearing, Ford's counsel shall be available at the hearing, in person or remotely (telephonically or by video conference via Zoom as stated in the introductory notice...

Excerpt: ... and 54 (Law and Motion) of the Sacramento County Superior Court is 813 6th Street, Sacramento, California 95814.Plaintiff's counsel is directed to contact opposing counsel forthwith to advise counsel of Department 53's correct address, Local Rule 1.06, and the Court's tentative ruling procedure. If Plaintiff's counsel is unable to contact opposing counsel prior to the hearing, Plaintiff's counsel shall be available at the hearing, in person or r...

Excerpt: .... This is a consolidated action. On February 22, 2021, Tyler Davis (“Davis”) filed the Davis Dissolution Action in which he seeks dissolution of TopDevz, LLC (“TopDevz”) as well as damages and injunctive relief for breach of fiduciary duty, fraud and misappropriation. After Davis filed his complaint in the Davis Dissolution Action, Ashkan Rajaee (“Rajaee”) served a demand for arbitration. In response, Davis filed an answer to Rajaee's...

Excerpt: ... Plaintiff alleges that she is a user of Defendants' healthcare insurance plan and seeks medical treatment at Defendants' facilities. (SAC, ¶ 6.) On November 13, 2020, Plaintiff was in an accident resulting in injury and went to Defendants' Emergency Department. “Plaintiff was in shock, traumatized, frightened and scared. Plaintiff was immobile, was placed in wheelchair by Defendant's personnel, and was in a state of total dependency on Defend...

Excerpt: ...guaranty and common counts on May 6, 2020. (ROA 1.) As individual adult defendants for whom no guardian or conservator has been appointed, the Vanacores must ordinarily be personally served. (Code Civ. Proc. § 416.90.) However, where the Vanacores cannot be personally served with reasonable diligence, Plaintiffs may instead serve the Vanacores “by leaving a copy of the summons and complaint at the person's dwelling house, usual place of abode,...

Excerpt: ...sion of CCP § 583.420. (Notice at 1.) Specifically, Defendant maintains Plaintiffs' action should be dismissed because the action has not been brought to trial within three years after being commenced against Defendant. (CCP § 583.420(a)(2) (A).) I. Overview This case arises out of Plaintiffs' employment with Defendant. Plaintiffs allege claims under the California Fair Employment and Housing Act (“FEHA”) for age/disability discrimination, ...

Excerpt: ...ailed to bring this action to trial within five years. Defendants contend the deadline passed on April 5, 2022. Code of Civil Procedure § 583.310 provides in its entirety: "An action shall be brought to trial within five years after the action is commenced against the defendant." California law clearly holds that the five year period actually commences upon the filing of the complaint. "Commencement" of an action for purposes of Code of Civil Pr...

Excerpt: ... is plead in the form of a common count. (Complaint at p. 3.) The common count is based on, inter alia , that Defendant became indebted to Plaintiff in the last four years (i) on an open book account for money due; and (ii) because an account was stated. (Ibid.) In its instant motion, Plaintiff seeks summary judgment or, in the alternative, summary adjudication as to what it indicates are two causes of action for (1) open book account; and (2) ac...

Excerpt: ...3 court days prior to the hearing. Under CCP § 1005(b), “[a]ll papers opposing a motion so noticed shall be filed with the court and a copy served on each party at least nine court days … before the hearing.” The Court declines to consider Plaintiff's untimely opposition and considers the demurrer unopposed and as a concession on the merits. I. Overview This case arises from what appears to be a home loan modification agreement that Plaint...

Excerpt: ...ls to state a claim because it is barred by Civil Code § 3482. (Notice at 1.) I. Overview This is a case for inverse condemnation and nuisance against the District. Plaintiffs are residents of Maita Circle, in East Tahoe Park, Sacramento. (FAC ¶¶ 3, 8‐36.) In April 2018, the District served public notice concerning relocation of its Transportation Center (the “Center”), which the District uses to “house office space for the transportat...

Excerpt: ...to CCP §911.2(a), Petitioner was required to file his tort claim by January 28, 2021. Petitioner failed to timely file his claim, and now seeks relief due to Petitioner's counsel's mistake, inadvertence and/or excusable neglect. “In deciding whether counsel's error is excusable, this court looks to: (1) the nature of the mistake or neglect; and (2) whether counsel was otherwise diligent in investigating and pursuing the claim.” (Bettencourt ...

Excerpt: ...f”) when he was sitting under a large Valley Oak, which caused him to sustain injuries and rendered him a paraplegic. Defendant and Cross‐Complainant Cosumnes Community Services District (“CCSD”) has filed a first‐amended cross‐ complaint ("FAXC") against the organizer of the event, Defendant Rebecca Gordon, individually and dba Flash Race and Event Management (“Gordon”). The FAXC asserts causes of action for indemnification, appo...

Excerpt: ...w displaying their name and address with return address information that contained the phrase “Prenatal Screening Program.” Plaintiff alleges Defendant disclosed in a common manner Plaintiff's and class members' sensitive and private personal medical information regarding their pregnancy. Plaintiff filed her complaint on July 16, 2019. Plaintiff's First Amended Class Action Complaint asserts the following two causes of action: (1) violation o...