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: ...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: ...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...