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: ...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: ...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: ... 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: ...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: ...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: ...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: ...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: ...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: ...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: ...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: ...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: ... 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: ...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...

Excerpt: ...nings acted as the sellers' agent, under the direct supervision of Purplebricks, her broker. Plaintiff alleges that the inspections reported that was nothing catastrophic that was apparent. Although Plaintiff requested a roof and pool inspection, her agent never responded to her request and an inspection never occurred. Plaintiff underwent a final walkthrough, but the walkthrough was only a walk from room to room. Without any confirmation whatsoe...

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: ...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: ...��2AC”) is GRANTED as follows. Defendants have indicated the incorrect address in the notice of motion. The correct address for Department 54 of the Sacramento County Superior Court is 813 6th Street, Sacramento, California 95814. Defendants shall notify Plaintiff immediately. Factual and Procedural Background This case arises out of the alleged purchase of an ARCO/AMPM gas station and related real estate by Plaintiff and Mr. Chandi in the name...

Excerpt: ...nselor (“SMHC”). (Reiman Decl. ¶ 4, Exh. A.) The email included a letter written by plaintiff Parvin Olfati (“Plaintiff”) to the County and other government representatives and agencies complaining about a conspiracy against her. (Reiman Decl. ¶ 5, Exh. B.) Due to concerns for Plaintiff's mental health, Reiman asked Pisan, a SMCH with the County Community Support Team (“CST”), to help Plaintiff. (Reiman Decl. ¶ 8, Exh. A; Pisani De...

Excerpt: ...lord‐tenant dispute involving plaintiffs Mark Clark and Freda Clark (collectively “Plaintiffs/Cross‐Defendants”). Singh and his spouse, Saini, are the owners of the leased property located at 5901 Watt Avenue and 5901 A Watt Avenue in North Highlands, California (the “Property”). Plaintiffs/Cross‐Defendants filed their original Complaint on May 7, 2021, against Defendants/Cross‐Complainants. Defendants/Cross‐Complainants filed t...

Excerpt: ...ant, a Buick and GMC dealership. Plaintiff filed the Complaint on November 22, 2021, alleging claims for violation of the California Family Rights Act (“CFRA”) and the Family Medical Leave Act (“FMLA”), discrimination based upon his marital status, wrongful termination, intentional misrepresentation, negligent misrepresentation, failure to pay wages, and waiting time penalties. On September 26, 2018, Plaintiff executed an “Applicant Sta...

Excerpt: ...led the operative First Amended Complaint (“1AC”) on September 1, 2020. (ROA 18.) Defendant filed a general denial to both the Complaint and 1AC. (ROAs 7, 22.) Defendant moves to compel arbitration pursuant to the Cardmember Agreement, which contains a provision that states, in relevant part: “You and Wells Fargo Bank, N.A. (the “Bank”) agree that if a Dispute arises between you and the Bank, upon demand by either you or the Bank, the D...

Excerpt: ...y 26, 2021, alleging defamation against 24 Hour Fitness. Plaintiff's claims arise from conduct that allegedly occurred in or about March of 2020. 24 Hour Fitness moves for judgment on the pleadings on the ground that since March of 2020, Plaintiff's claims have become subject to debt reduction or elimination per Bankruptcy Order and are now discharged, except as to any relief Plaintiff may have requested in Bankruptcy Court. A motion for judgment...

Excerpt: ... the proper subject of judicial notice. The County does not specifically cite to any subjection of section 452 under which it believes the letters qualify for judicial notice and the Court finds none. However, the County's request that the Court take judicial notice of Sacramento County Zoning Code Chapter 6, section 6.1.3, is granted. Plaintiffs American River AG, Inc. (“ARA”) and American Hay & Cattle, LLC's (collectively, “Plaintiffs”)...

Excerpt: ...d as plaintiffs. It is claimed that at this hearing information relating to plaintiff Bacco‐Scribner's visit to the emergency room at Marshall Medical Center (“MMC”) on 6/23/2019 was disclosed and that defendant Croff, an administrator of Pacific Medical, Inc. (“Pacific”) had wrongfully accessed plaintiff's medical records in order to willfully and maliciously disclose the personal information to third parties so it could be used agains...

Excerpt: ...l Procedure §439(a), which requires the moving party to meet‐and‐confer “in person or by telephone” with the party filing the pleading that is the subject of the motion for judgment on the pleadings. (Bold added for emphasis.) Moving counsel is advised that the future motions which do not comply with the express requirements of §439 may be stricken and/or dropped from calendar. Moving counsel failed to comply with CRC Rule 3.1110(b)(3)�...

Excerpt: ...ted, the parties are directed to notify the clerk and opposing counsel at the time of the request which of moving defendant's 28 Undisputed Material Facts, plaintiffs' 31 Additional Material Facts and/or moving defendant's 31 objections to evidence will be addressed at the hearing. The parties should 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. ...

Excerpt: ...ent (“Agreement”) between plaintiff and defendant Department of General Services (“DGS”). The Agreement was signed on 4/18/2014, with two subsequent amendments changing the commencement date of the lease. Amendment Two changed the commencement date to 9/1/2017. The lease term specified in the Agreement was to be 25 years. Pursuant to the Agreement, plaintiff agreed to construct certain improvements on the property, which required various ...

Excerpt: ...iffs' allegations related to their requests for enhanced remedies under the Elder Abuse and Dependent Adult Civil Protection Act (the “Act”), prejudgment interest, and more. A motion to strike is appropriate to strike out any irrelevant, false or improper matter asserted in any pleading and the Court may strike out all or any party of any pleading not drawn or filed in conformity with the law. (See Code Civ. Pro. § 436 (a)‐(c).) A motion t...

Excerpt: ...t while she was driving on the freeway when she was rearended by a semi‐truck driven by Defendant David Kirkland. Plaintiff alleged that Mr. Kirkland was employed by Defendants NorCal Lumber Company and West Coast Framing, Inc. Plaintiff alleges that she suffered injuries to her neck, back, shoulder, arm and hand. Defendants issued a medical records subpoena to Sutter Medical Foundation. Plaintiff moves to quash the subpoena on the basis that i...

Excerpt: ...an OST on March 28, 2022. Any opposition was due by April 6, 2022. Plaintiff filed a brief opposition but A&S did not file any opposition. No reply was permitted. This action stems from an incident on June 19, 2018, at EJ's Tires and Auto Repair. Plaintiff Antonio Anaya was an auto mechanic employed by EJ. Defendant Ion Sirbu was employed by defendant TWT Express, LLC, and had brought a pick ‐up truck with a trailer attached to EJ's to have the...

Excerpt: .... CSG opposes. This action arises out of Boutin Jones's representation of the "Original Grange" in an underlying dispute with the National Grange and the CSG and the legal fees it received from the Original Grange pursuant thereto. The Court is familiar with the long running litigation between the parties, but in brief, the underlying dispute began on October 1, 2012, when the National Grange sued the Original Grange in this Court. The National G...

Excerpt: ...t Code section 53069.4 does not permit the introduction of new evidence in the instant action, such that Appellants' attempts to obtain discovery from the City are unnecessary and improper. This action takes the form of an appeal of a penalty issued through the City's administrative process, wherein Appellants were fined $137,500 after 275 cannabis plants were found at their property. Appellants appealed the penalty through the City's administrat...

Excerpt: ...is UNOPPOSED and GRANTED as follows. The notice of motion does not provide notice of the Court's tentative ruling system as required by Local Rule 1.06(D). Moving counsel is ordered to notify other parties immediately of the tentative ruling system and to be available at the hearing, via Zoom audio or video, in the event any party appears without following the procedures set forth in Local Rule 1.06(B). Background The Regents of the University of...

Excerpt: ...ckground On 9/3/21, Judge Krueger sustained Defendants' demurrer to the previous pleading, with leave to amend. (Register of Actions (“ROA”) No. 45.) Judge Krueger ruled that, based on the pleaded facts, Defendants showed that they have immunity under Government Code § 44808. “EGUSD argues that they owed no duty to Brinsmead because the school had not yet begun to undertake the transportation of Brinsmead to school on the day of the accide...

Excerpt: ...usiness of providing aesthetic treatments and cosmetic medical services to the public. (Complaint, ¶¶ 1, 4.) Plaintiff alleges that Defendant negligently performed the laser vain removal procedure and that she was left with a discolored, swollen, bleeding, scabbed, and scared face. (Id., at 2.) Plaintiff alleges that, on or about January 10, 2020, Plaintiff engaged Defendant to perform vein therapy services to remove unwanted small, facial vein...

Excerpt: ...t counsel for opposing party prior to hearing, counsel for moving party shall be available at the hearing, in person or by telephone, in the event opposing party appears without following the procedures set forth in Local Rule 1.06(B). Plaintiff Walter Scott's motion to approve Private Attorneys General Act (“PAGA”) settlement is UNOPPOSED and GRANTED. This is a wage and hour PAGA action brought by Plaintiff on behalf of similarly situated in...

Excerpt: ...nts, including moving defendant, were negligent in the medical care of the decedent and caused her death on March 9, 2019. (Complaint ¶ 8.) Plaintiffs allege a single cause of action for “Medical Negligence and Wrongful Death.” This matter has not yet been set for trial. Dr. Sadik moves for summary judgment, or summary adjudication, on the grounds that there was no physician‐patient relationship and Dr. Sadik's decision‐making and clinic...

Excerpt: ...lle Elledge's (“Elledges”) demurrer to Plaintiff Leonard C. Jones, Administrator of the Alegrie Davis Estate' (“Jones”) complaint is ruled upon as follows. This is an action for breach of contract and declaratory relief. Jones alleges that on December 31, 2019, the Elledges entered into a written agreement (the “Agreement”) whereby they agreed to purchase real property ("Property") from Jones. Jones alleges that the Elledges “unlawf...

Excerpt: ...�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 believes, that BYD ...

Excerpt: ...rocedure § 382, California Rules of Court, Rule 3.769.) In approving a class action settlement, the Court is to determine whether the settlement is fair, reasonable and adequate, in light of all of the circumstances. ( California v. Levi Strauss & Co. (1986) 41 Cal.3d 460, 471; Dunk v. Ford Motor Co. (1996) 48 Cal.App.4th 1794, 1801.) The trial court has broad discretion to determine whether a proposed settlement in a class action is fair, adequ...

Excerpt: ...ent. With respect to punitive damages, Plaintiffs allege: “that at the time of the negligent acts and omissions complained of herein. Defendant, DANIEL IHRIG, willfully and deliberately operated a motor vehicle while on his cell phone/electronic device and in a dangerous and reckless manner. Plaintiffs further allege that all of Defendant, DANIEL IHRIG'S actions, as described herein, were committed knowingly and intentionally, and with a reckle...

Excerpt: ...pon as follows. Defendant argues the default should be set aside because he had no actual notice of the lawsuit against him until April of 2021, reasonably relied on his office staff to inform him of matters/documents coming into an office that he did not physically visit during the pandemic, and promptly sought assistance from counsel upon discovering that the clerk [had entered a default against him. Background According to the moving papers, M...

Excerpt: ...e used to legally distribute cannabis. SIGNAL filed its complaint on January 22, 2019, alleging the following six causes of action: (1) breach of written contract; (2) breach of covenant of good faith and fair dealing; (3) specific performance; (4) declaratory relief re: liability and damages; (5) declaratory relief re: liability for breach of contract; and (6) injunctive relief. SAMRA filed a Cross‐Complaint for declaratory relief on March 4, ...

Excerpt: ...rts in California along with a brief and declaration filed by Ford in an action pending in the Southern District of California, is granted. In taking judicial notice of these documents, the Court accepts the fact of their existence but not the truth of their contents. (See Professional Engineers v. Dept. of Transp. (1997) 15 Cal.4th 543, 590 (judicial notice of findings of fact does not mean that those findings are true); Steed v. Dept. of Consum...

Excerpt: ...Court will also consider Defendant's motion to strike. The notice of motion does not provide notice of the Court's tentative ruling system as required by Local Rule 1.06(D). Defendant's counsel is directed to immediately provide notice to Plaintiff's counsel of the tentative ruling system and to be available at the hearing, via Zoom video or audio, in the event Plaintiff's counsel appears without following the procedures set forth in Local Rule 1...

Excerpt: ...Defendant”) has exposed individuals to lead from its sale of the Brass Spinning Top(“Product” or “Covered Product”), sold by and through Amazon.com, Inc., and that the Brass Spinning Top was distributed and/or offered for sale in California. A true and correct copy of the Consent Judgment is attached as Exhibit A to the declaration of Richard Morin. On February 19, 2020, Plaintiff, pursuant to Health & Safety Code section 25249.7(d), ma...

Excerpt: ...money lent. (ROA 1.) 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.” (Code Civ. Proc. § 438(c)(1)(A).) The Court must disregard all controverted allegations in the complaint and accept all fa...

Excerpt: ...nd advise counsel 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 Plaintiffs' counsel prior to hearing, moving counsel is ordered to appear at the hearing via Zoom or by telephone. Defendant's request for judicial notice is granted. Defendant demurs to the first cause of action for retaliation for reporting sexual harassment on grounds that it does not state...

Excerpt: ...t, Jesse Mendez; and Jesse Mendez, individually ("Plaintiffs') bring this action alleging elder abuse, violation of patient rights, and wrongful death. Defendant contends Olivia Mendez lacked the mental capacity to be her own responsible party when she was admitted to defendant's facility. Defendant contends Jesse Mendez executed an Agreement to Arbitration of Medical Malpractice Disputes and valid Agreement to Arbitration of Dispute Other than M...

Excerpt: ...ted. Plaintiff sues defendant for breach of oral contract, promissory estoppel, unjust enrichment, fraudulent inducement, and declaratory relief arising out of a judgment of the Sacramento County Family Law Court entered in 2007. Plaintiff alleges that by way of an oral agreement allegedly reached with Kelly in 2009, the entire unpaid portion of the Judgment was waived or forgiven. Plaintiff further seeks damages and injunctive relief precluding ...

Excerpt: ...ual was shot and killed and while he was determined not to be the killer, though he was found guilty of robbery. (FAC ¶ 7.) He alleges that the laws regarding the felony‐murder rule changed during his incarceration such that if the “perpetrator was not the shooter resulting in the death of an individual then a sentence should have been for a far lesser period of time.” (Id. ¶ 9.) He alleges that as a result of the change in aw he was “i...

Excerpt: ...ement. He alleges that his disability could have been accommodated by allowing him to wear his sidearm and equipment on a weight‐bearing vest instead of the traditional leather belt. Plaintiff took the deposition of Captain Matthew Stover (“Cpt. Stover”), his commander. At the deposition, Plaintiff's counsel asked Cpt. Stover the following question a number of times: “Can you think of any reason why it would not be reasonable for someone ...

Excerpt: ...ief. Plaintiff alleges that its subsidiary entered into a transaction with CalSTRS in July 2018. (FAC ¶ 7.) Plaintiff alleges that Defendants have repeatedly claimed that Plaintiff owes them a fee that was due upon successful completion of the transaction equal to 1‐2% of the total investment obtained from CalSTRS as part of the transaction. (Id. ¶ 8.) Plaintiff seeks a declaration that any payment of fees to Defendants contingent upon comple...

Excerpt: ...for attorney's fees. CCP § 664.6 provides: “If parties to pending litigation stipulate, in a writing signed by the parties outside the presence of the court or orally before the court, for settlement of the case, or part thereof, the court, upon motion, may enter judgment pursuant to the terms of the settlement. If requested by the parties, the court may retain jurisdiction over the parties to enforce the settlement until performance in full o...

Excerpt: ... Complaint asserts against defendants American Staffing Services, LLC, Galvez and others for misappropriation of trade secrets, interference with contract and prospective economic relations, breach of fiduciary duty, defamation, false advertising and unfair business practices. Defendant Galvez filed in December 2018 a cross‐complaint against SVSD, McAlpine and others for breach of contract, false promise, intentional misrepresentation, negligen...

Excerpt: ...tice of findings of fact does not mean that those findings of fact are true];Steed v. th Department of Consumer Affairs(2012) 204 Cal.App.4th112, 120‐121 ["[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 entitled to notice."];Sosinsky v. Grant(1992) 6 Cal.App.4th 1548, 15...

Excerpt: ...amin James White initially failed to answer the Complaint and Plaintiff requested and obtained an entry of default and a default judgment on June 8, 2017. Plaintiff served the Notice of Entry of Judgment on July 28, 2017. On September 18, 2019, Defendant moved to set aside the entry of default and the judgment on the grounds that he had not been properly served with the Complaint, which was served by substitute service. On November 21, 2019, the ...

Excerpt: ...California. The Complaint contains causes of action for the following alleged violations: (1) Labor Code §§510 and 1198 (Unpaid Overtime); (2) Labor Code §§ 226.7 and 512(a) (Unpaid Meal Period Premiums); (3) Labor Code § 226.7 (Unpaid Rest Period Premiums); (4) Labor Code §§ 1194, 1197, and 1197.1 (Unpaid Minimum Wages); (5) Labor Code §§ 201 and 202 (Final Wages Not Timely Paid); (6) Labor Code § 204 (Wages Not Timely Paid During Empl...

Excerpt: ...ry 2019 and the pleading purports to assert causes of action for retaliation and disability discrimination under the FEHA, retaliation in violation of the Labor Code, and retaliation in violation of the Health & Safety Code. Defendant denies liability, insisting that Plaintiff's employment was terminated was a legitimate non‐ discriminatory and non‐retaliatory reason: Plaintiff's failure to perform her managerial duties and specifically, her ...

Excerpt: ...s‐Defendant First Franklin Financial Corporation's (“FFF”) demurrer to Defendants/Cross‐Complainants Christine and Richard Evans' (the “Evans”) first amended cross‐complaint (“FAXC”) is ruled upon as follows. Overview Plaintiff/Cross‐Defendant Aspen G LLC's (“Aspen”) complaint asserts causes of action for breach of contract and common counts ‐ money owed. Aspen alleges that on 8/31/2005, the Evans obtained a loan for $12...

Excerpt: ...r agreement executed by the Hill Defendants in connection with the latter's legal malpractice action against another law firm which resulted in a substantial settlement after Freidberg was disqualified. Although Freidberg filed a Notice of Lien in the malpractice action, it is alleged that this lien was not honored by the Hill Defendants, their subsequent attorneys and others. Pursuant to the provisions of the retainer agreement, the Hill Defenda...

Excerpt: ...khin (“Rassikhin”), the Safety Manager for USKO. She alleges that Rassikhin sexually harassed her, including sexually assaulting her multiple times. Plaintiff filed her initial complaint on 10/28/2019. No trial is scheduled. Plaintiff moves for leave to file a first amended complaint (“FAC”), the only amendment is to add Rassikhin as a named defendant. In support of the motion, Plaintiff's counsel avers: “The effect of the proposed amen...

Excerpt: ...e of action, Plaintiff alleges: “On information and belief, Defendant Cheryl Hess is and at all relevant times to this complaint was the wife of Defendant Dana Hess, who caused a multi‐car pileup as a result of his negligent driving on May 10, 2018, with Plaintiff Elizabeth Buchmiller sustaining injury as a result of that collision. Instead of offering to pay Plaintiff Elizabeth Buchmiller's medical bills or check to see how she was doing, De...

Excerpt: ...rs. *** Defendant California Department of Public Health's (“CDPH”) demurrer to Plaintiff Johnnae M. Harkey‐ Kirk's first amended complaint (“FAC”) is ruled upon as follows. Overview This is a putative class action for CDPH's purported “unauthorized disclosure of sensitive and private personal medical information regarding Plaintiff and class members' pregnancy tests.” (FAC, ¶ 1.) Plaintiff alleges that: “8. On or about November ...

Excerpt: ...h plaintiff's vehicle. Specifically, Plaintiff alleges that Bradley Bradley Jr., while in the course and scope of employment with DWT “drove negligently in that he made an erratic and abrupt U‐turn across multiple lanes of traffic and across the double yellow lines, resulting in a serious collision. (First Amended Complaint (FAC), COA 2.) The FAC, filed December 23, 2020, ostensibly alleges causes of action for general negligence, motor vehic...