Excerpt: ...5 Cal.4th543, 590; Steed v. Department of Consumer Affairs (2012) 204 Cal.App.4th 112, 120‐121.) In this personal injury action, Plaintiff Domenica Manley alleges that she was harmed as a result of the negligent performance by Defendant Gonik of a robotic assisted laparoscopy with resection of a right pelvic sidewall mass and nerve sheath tumor. (Compl. para. 18.) Plaintiff also alleges that Dr. Gonik also was negligent in failing to intra‐op...

Excerpt: ...ed to serve as equal shareholders, co‐officers, and co‐directors with Jahnsen and Gregorio Candelario each receiving approximately half of the annual net profits. Plaintiff alleges that Defendant Gregorio Candelario was the Chief Financial Officer of the company and therefore was primarily charged with maintaining the company's books and records, preparing tax returns, and other fiduciary duties. According to Plaintiff, “[s]tarting in appro...

Excerpt: ... which was extended to defendant. The proof of service filed on 11/25/2019 indicates the summons & complaint were personally served on defendant at a residence located in Elk Grove on 11/20/2019 at 4:20 p.m. A default was subsequently entered against defendant on 2/5/2020, followed by a default judgment of just over $5,500. Moving Papers. Defendant now moves to set aside the default and default judgment on the ground that she was never personally...

Excerpt: ... the time of the request which of moving defendants' 30 Undisputed Material Facts, plaintiff's 29 Additional Material Facts and/or which of the parties' respective objections to evidence will be addressed at the hearing. The parties should be prepared to point to specific admissible evidence already in the record which is claimed to show the existence or nonexistence of a triable issue of material fact. *** To the extent Defendants' motion actual...

Excerpt: ...es (Set One). After oral argument, the court ordered CDCR to serve verified written responses, without objections, by no later than December 30, 2020. (ROA 31.) As relevant background, CDCR obtained several extensions to respond to the discovery due to: (1) the retirement of the key CDCR contact in June 2020; (2) lack of access to documents and availability of CDCR staff to assist in the completion of said responses because of the unprecedented C...

Excerpt: ...sing him of engaging in illegal acts. The First Amended Complaint (“FAC”) alleged a single cause of action for slander per se. Defendant filed a special motion to strike the FAC, which the Court granted on December 9, 2020. A formal order granting the motion was entered on December 21, 2020. Defendant now moves to recover $31,276.17 in attorneys' fees and costs under Code of Civil Procedure (“CCP”) section 425.16, subdivision (c). Discuss...

Excerpt: ...hat while he resided there, he was subjected to an infestation of bedbugs. Plaintiff alleges that he moved into the apartments in June 2015 but nearly a year later, in April 2016, he began to experience physical injury that he came to believe was caused by bedbugs. Plaintiff alleges he made three complaints to Stonegate management. On the first two occasions, “management admitted that there was a bedbug problem, but informed [plaintiff] that it...

Excerpt: ... residence located in Elk Grove on 11/20/2019. A default was subsequently entered against defendant on 2/5/2020, followed by a default judgment of just over $5,500. Defendant now moves to set aside the default and default judgment on the ground that she was never personally served with the summons & complaint and never received actual notice of this lawsuit until September 2020, when her brother received a letter addressed to defendant at an addr...

Excerpt: ...ed 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 Valley Development Company, Inc. (“VDC”), Sutter Valley Development, Inc. (“SVD”) and Manjit Singh's (“Singh”) motion for summary judgment, or in the alternative, motion for summary adjudication is ruled upon as follow. As an initial matter, the...

Excerpt: ..."Buick"). The Buick originally belonged to Guy T. Nelson, who is now deceased (Compl. ¶¶ 8‐10.) Plaintiff Krause is an attorney who also is the executor and beneficiary of Mr. Nelson's estate. (Compl. ¶8. ) In early 2017, Mr. Nelson took the Buick to Defendant's shop for repair; Soto‐Baney accompanied him there and took him home after dropping off the vehicle. (Compl. ¶ 9.) A few days later, Mr. Nelson passed away. (Compl. ¶10.) Plaintif...

Excerpt: ...uance pursuant to Code of Civil Procedure section 437c(h). Plaintiff was required to file any amended Opposition to Defendant's motion on or before December 30, 2020. Plaintiff did not file any amended Opposition. Objections Plaintiff's Objections are overruled. Defendant's Objection Nos. 17‐19 and 21‐24 are sustained. The Court does not rule on the remaining objections pursuant to Code of Civil Procedure §437c(q) since they concern evidence...

Excerpt: ... and complete responses to certain requests for production. Defendant interposed numerous objections to the requests, including objections based on relevance, burden and oppression, trade secrets and attorney‐client privilege. DISCUSSION Request Nos. 1 and 2 Request No. 1 seeks “DOCUMENTS pertaining to review by the "Escalation Team" or "HCCM National Escalations" (referenced in Defendant's document production HMA000644 HMA000645) of Plaintif...

Excerpt: ...it on November 1, 2018. On July 28, 2020, Plaintiff propounded Special Interrogatories, Set Three, to Defendant. On September 30, 2020, pursuant to agreement, Defendant provided responses and objections to these requests. At the time the responses were served, they lacked verifications. Defendant forwarded verifications of the responses on or about October 4, 2020. The Parties engaged in multiple attempts to meet and confer regarding the response...

Excerpt: ...pulation for Entry of Judgment") on the eve of trial. Section 1(b) of the Settlement Agreement defines a "Settlement Default" as "Defendant's breach or failure to fully and timely perform any term, condition, promise or obligation under this Agreement." (Taylor Decl., ¶ 9, Exh. 1 at p. 1) A "Termination Event" is defined in Section 1(e) of the Settlement Agreement as "the occurrence of a Settlement Default that is not fully cured within ten (10)...

Excerpt: ...2.) Aiding and Abetting Breach of Fiduciary Duty, 3.) Self‐Dealing, 4.) Unjust Enrichment, 5.) Deceptive and Misleading Solicitations, 6.) Failure to Comply with Statutes and Regulations of the Attorney General, 7.) Removal of Directors and Appointment of Receiver, and 8.) Accounting. All causes of action allegedly arise from a common core of facts and conduct set forth in paragraphs 1‐60 of the Complaint. Plaintiff filed its Notice of Motion...

Excerpt: ...f a mixed‐ use apartment complex (“the Project”) located at the Property. On or about October 12, 2017, Davis/Reed and Plaintiff Lancaster Burns (LB) entered into a subcontract agreement for LB's work on the Project. Plaintiff recorded its first mechanic's lien against the Property as a result of its work on the Project on or about September 13, 2019. Plaintiff released the lien at the request of Defendant 19J to facilitate discussions on P...

Excerpt: ...causes of for wrongful death (of other passengers in the vehicle) and negligence. Plaintiff Kenneth Haines, Jr. ("Plaintiff'), by and through his guardian ad litem Richard Manford, alleges that he suffers from a brain injuries, which resulted in mental impairment as a result of the collision. On October 15, 2020, this Court found that Plaintiff had placed his mental condition at issue, both as to injury and as to related emotional distress, and g...

Excerpt: ...ity, and medical malpractice action. Plaintiffs allege they sustained serious permanent disabling injuries, including brain damage and neurocognitive injuries, due to being subjected to multiple rounds of electric shock therapy while patients at Sutter. Plaintiffs allege that Herrera underwent 11 sessions of ECT shock treatment recommended and administered by Theodore A. Goodman (“Goodman”) and Robert L. Blanco (“Blanco”) at Sutter with a...

Excerpt: ...ntiff alleging RGW Construction “retained control over the job site, retained control over the work area, retained control over worksite safety, retained control over safety measures and so negligently, planned, designated, located, maintained, inspected, supplied, controlled, directed, supervised and engaged in construction and related activities at the job site.” RGW Construction previously moved for summary judgment on the ground that as t...

Excerpt: ...laint asserted causes of action for breach of warranty of habitability, breach of contract, breach of the covenant of quiet enjoyment, private nuisance, premises liability, negligence, retaliation, construction eviction and unfair business practices. Plaintiffs' attorney withdrew from this case in February 2020 and on 6/24/2020, one of the named defendants' demurrer to plaintiffs' complaint was sustained with leave to amend no later than 7/6/2020...

Excerpt: ...ff will be addressed at the hearing and the parties should be prepared to point to specific evidence which is claimed to show the existence or non‐existence of a triable issue of material fact. *** Defendant Northstar Equities, LLC's (“Defendant”) motion for summary judgment, or in the alternative, summary adjudication, is ruled upon as follows. As an initial matter, the court observes that Plaintiff's response to Defendant's separate state...

Excerpt: ... Overview This is a representative action brought pursuant to the Labor Code's Private Attorney General Act (“PAGA”) provisions. Plaintiff's complaint alleges that Defendant violated Labor Code §204(d) by failing to timely pay its employees within seven (7) calendar days following the close of each payroll period. More specifically, plaintiff contends that his payroll period ran from Sunday to Saturday but instead of being paid no later than...

Excerpt: ... notify the clerk and opposing party of the specific causes of action that will be addressed at the hearing. The parties are also reminded that pursuant to local Court rules, only limited oral argument is permitted on law and motion matters. *** The notice of demurrer 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 Ru...

Excerpt: ... Nationstar Mortgage LLC dba Mr. Cooper as successor by merger to Seterus, Inc.'s (“Nationstar” or “Seterus”) demurrer to Plaintiff Katherine Lathrop's complaint is ruled upon as follows. Nationstar's request for judicial notice is granted. In taking judicial notice of the recorded land documents, the court accepts the fact of their existence, not the truth of their contents. (Herrera v. Deutsche Bank Nat'l Trust Co. (2011) 196 Cal.App.4t...

Excerpt: ...art of the remodeling job, the contractor installed a new dishwasher which connected and attached a Watts dishwasher adapter fitting to the new dishwasher. QBE alleges that on 12/14/2018, water loss from Watt's dishwasher adapter fitting caused water damage to the home and its contents. QBE insured Goleno against losses such as those which she sustained in the water loss pursuant to a policy of insurance. QBE has paid Goleno $45,522.56 under the ...

Excerpt: .... *** Defendants Abir Cohen Treyzon Salo, LLP (“ACTS”) and Federico Sayre's (“Sayres”) (collectively “Defendants”) Motion to Strike portions of Plaintiff Patricia Gilberg's second amended complaint (“SAC”) is ruled upon as follows. Defendants move to strike the following language from Plaintiff's SAC: (1) “Defendants ABIR, COHEN, TREYZON, and SALO and SAYRE breached professional, fiduciary and contractual obligations in their re...

Excerpt: ...s. The Department 53 Zoom ID is: 841 204 6267. Consistent with Local Rule 1.06(B), any party requesting oral argument on any matter on this calendar must comply with the following procedure. To request oral argument, you must call the Department 53 clerk at (916) 874‐ 7858 and opposing party by 4:00 p.m. the court day before the hearing. At the time of requesting oral argument, the requesting party shall leave a voice message to advise the cler...

Excerpt: ...ppearance Required” matters. The Department 53 Zoom ID is: 841 204 6267. Consistent with Local Rule 1.06(B), any party requesting oral argument on any matter on this calendar must comply with the following procedure. To request oral argument, you must call the Department 53 clerk at (916) 874‐ 7858 and opposing party by 4:00 p.m. the court day before the hearing. At the time of requesting oral argument, the requesting party shall leave a voic...

Excerpt: ...tters. The Department 53 Zoom ID is: 841 204 6267. Consistent with Local Rule 1.06(B), any party requesting oral argument on any matter on this calendar must comply with the following procedure. To request oral argument, you must call the Department 53 clerk at (916) 874‐ 7858 and opposing party by 4:00 p.m. the court day before the hearing. At the time of requesting oral argument, the requesting party shall leave a voice message to advise the ...

Excerpt: ... Required” matters. The Department 53 Zoom ID is: 841 204 6267. Consistent with Local Rule 1.06(B), any party requesting oral argument on any matter on this calendar must comply with the following procedure. To request oral argument, you must call the Department 53 clerk at (916) 874‐ 7858 and opposing party by 4:00 p.m. the court day before the hearing. At the time of requesting oral argument, the requesting party shall leave a voice message...

Excerpt: ... Required” matters. The Department 53 Zoom ID is: 841 204 6267. Consistent with Local Rule 1.06(B), any party requesting oral argument on any matter on this calendar must comply with the following procedure. To request oral argument, you must call the Department 53 clerk at (916) 874‐ 7858 and opposing party by 4:00 p.m. the court day before the hearing. At the time of requesting oral argument, the requesting party shall leave a voice message...

Excerpt: ... and Account Stated, both arising out of unpaid debt related to a credit card account. FACTS Plaintiff presents the following facts in its separate statement: Defendant Mary Bondar (“Defendant”) applied to Plaintiff for a credit card account and entered into a written credit card account agreement with Plaintiff for the account number ending in 3002 on June 4, 2014 (the "Account"). (See Plaintiff's Separate Statement of Undisputed Material Fa...

Excerpt: ...count and Account Stated, both arising out of unpaid debt related to a credit card account. FACTS Plaintiff presents the following facts in its separate statement: Defendant Matthew Kornblue (“Defendant”) applied to Plaintiff for a credit card account and entered into a written credit card account agreement with Plaintiff for the account number ending in 3004 on February 10, 2004 (the "Account"). (See Plaintiff's Separate Statement of Undispu...

Excerpt: ...good faith and fair dealing. Specifically, Plaintiff alleges that he had an automobile insurance policy with Defendants with Underinsured Motorist coverage with limits of $100,000/$300,000 liability coverage. Plaintiff alleges that July 22, 2009, he was involved in a motor vehicle accident that resulted in severe injuries and damages in excess of the driver's policy limits. Plaintiff alleges Defendant "failed to properly and in good faith adjust ...

Excerpt: ...in large scale public and private civil construction projects throughout the country. (FAC ¶ 15.) At all times relevant, Myers was and is Plaintiff's General Partner. (FAC ¶ 16; Myers Decl. ¶¶ 4, 6‐7.) In 2011, Myers approached Defendant Sterling Construction Company, Inc. (“Defendant”) regarding a business arrangement in which Defendant would purchase a limited partnership interest in Plaintiff. (Myers sought out Defendant as a limited...

Excerpt: ...lpractice action. Plaintiff alleges that Defendants represented her in the underlying personal injury action (“Underlying Action”) against the City of Sacramento (“City”). Plaintiff was hit by a car while crossing an intersection. As a result of the accident, Plaintiff suffered fractures to her skull, nose, cheekbones, and the back of her neck. Plaintiff also suffered internal bleeding in the brain, is now partially blind, and suffered pe...

Excerpt: ... Inc.'s demurrer to the complaint is ruled upon as follows. Both moving and opposing counsel failed to comply with CRC Rule 3.1110(b)(3)‐(4). Factual Background Plaintiffs allege that defendant sent them a total of at least 103 unsolicited commercial email advertisements in violation of Business & Professions Code §17529.5 and more specifically, subdivision (a)(2). This statute provides in pertinent part: (a) It is unlawful for any person or e...

Excerpt: ...�). Petitioner entered a direct contract with Respondent, a general contractor, for the construction of improvements at the Subject Property. Bank of the West was the construction lender for the improvements. Respondent had actual knowledge of Bank of the West's role as lender. Respondent acknowledges it did not send a single‐page document entitled preliminary notice to Bank of the West, but contends that Bank of the West had actual notice of t...

Excerpt: ... production of documents pursuant to a subpoeana and, alternatively, as a petition for inspection of records under Penal Code § 1203.05. The Court first considers HMC's application in its nature as a petition under Pen. Code § 1203.05. Notably, HMC contends the documents sought are not actually subject to Pen. Code § 1203.05 and characterizes this application as a petition only because the Probation Dept. has stated its belief that the documen...

Excerpt: ...T”). (Compl. ¶¶14, 20, Ex. 2.) Plaintiff alleges that in September 2009, she entered into a loan modification agreement with BANA, in which Plaintiff agreed to submit monthly payments in the amount of $858.18 for 60 months. (Id. ¶16, Ex. 3.) However, on December 1, 2009, Plaintiff alleges that BANA would no longer accept Plaintiff's payment of $858.18 because BANA claimed the payment was less than required. (Id. ¶18.) The loan was then assi...

Excerpt: ...til late July 2016, Petitioner was kept in solitary confinement. In late July 2016, Petitioner was sent to the Metropolitan State Hospital, and was kept there until late October 2016. Petitioner alleges that the hospital denied her prescribed medications and was instead given high doses of other medications, which caused her to suffer panic attacks, severe akathisia, and cognitive impairment. Petitioner was moved back to the jail and at the end o...

Excerpt: ...ays after service of the notice of motion, the opposing party may serve and file a written opposition. Defendants served the motion (and joinder) via overnight delivery on 6/13/2019. Thus, Plaintiffs' opposition was due by no later than 7/8/2019 (15 days + 2 court days for overnight service). Plaintiffs filed and served their opposition via mail on 7/16/2019. The Court, however, in its discretion, considered Plaintiffs' untimely filed opposition....

Excerpt: ...CCP 664.6 provides that "[i]f 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 of the terms of t...

Excerpt: ...ion work Plaintiff allegedly performed on Defendants' property, but for which he was allegedly never paid. Plaintiff's pleading asserts causes of action for mechanic's lien, breach of contract, promissory fraud, and seeks damages. Plaintiff filed the pleading in May of 2018, after he was allegedly not paid for work he allegedly performed in 2017‐18. Through the instant motion, Defendants seek leave to file a compulsory crosscomplaint pursuant t...

Excerpt: ...d by Local Rule 1.06(D), the notice does not comply with that rule. Moving counsel is directed to review the Local Rules, effective 1/1/2019. The opposition does not comply with CRC Rule 3.1110(b)(3)‐(4). Plaintiff's counsel is reminded that the meet‐and‐confer requirements of Code of Civil Procedure §435.5 are not optional and s/he is required to participate in the meet‐andconfer efforts “in person or by telephone” even if s/he disa...

Excerpt: ...ntiff White (“White”) alleges that in 2015, he and others decide to start a restaurant enterprise in which numerous restaurants would be opened. Based on BLF's and Burton's advice, it was decided that WCH Development, LLC (“WCH”) would be established as the managing entity for other operational entities. BLF and Burton explained that such a business structure was the best route for each investor to protect their assets from creditors and ...

Excerpt: ...h of the moving defendants' 24 Undisputed Material Facts, plaintiff's five (5) Additional Material Facts and/or plaintiff's 34 written 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. *** The notice of motion does not provide notice of the Court's tentative ruling system, as...

Excerpt: ...sport her to her home. Among other things, she alleges that each defendant negligently maintained the vehicle and thereby caused the collision. She also advances theories of negligence based on the defendants' ownership, entrustment and operation of the vehicle. Trial is scheduled for March 2, 2020. Plaintiff desires to amend the complaint to add a cause of action for gross negligence against Dockery. According to Plaintiff's counsel, “duri...

Excerpt: ...Plaintiff's opposition which was filed and served one court day late. Overview This is an action regarding the construction of an auditorium. Pursuant to the contract, the District and Plaintiff Waters Contracting, Inc. agreed that Plaintiff would open an escrow account to hold funds that would otherwise constitute a “retention.” (Complaint, ¶ 7.) Dismissed defendant/cross‐complainant Bank of Sacramento (“Bank”) agreed to hold the fund...

Excerpt: ...ich is claimed to show the existence or non‐existence of a triable issue of material fact. *** Defendant Timothy Drake's motion for summary adjudication of the two causes of alleged in plaintiff's Second Amended Complaint (“2AC”) is ruled on as follows. Moving counsel failed to comply with CRC Rule 3.1350(b), requiring that the issues presented for summary adjudication be stated in the notice of motion and then repeated verbatim in the sepa...