Excerpt: ... counsel is directed to contact Respondent's counsel forthwith and advise counsel of Local Rule 1.06 and the Court's tentative ruling procedure. If Petitioner's counsel is unable to contact Respondent's counsel prior to the hearing, Petitioner's counsel shall be available at the hearing, in person or by telephone, in the event Respondent's counsel appears without following the procedures set forth in Local Rule 1.06(B). This matter arises out of ...

Excerpt: ...unable to contact Plaintiff's prior to the hearing, defense counsel shall be available at the hearing, in person or by telephone, in the event Plaintiff's counsel appears without following the procedures set forth in Local Rule 1.06(B). Defendant's demurrer to the seventh (intentional or negligent misrepresentation) and eighth (fraud‐concealment) causes of action alleged in the First Amended Complaint is UNOPPOSED and SUSTAINED for the reasons ...

Excerpt: ...suant to the Song‐Beverly Consumer Warranty Act “shall be allowed by the court to recover as part of the judgment a sum equal to the aggregate amount of costs and expenses, including attorney's fees based on actual time expended, determined by the court to have been reasonably incurred by the buyer in connection with the commencement and prosecution of such action.” (Civ. Code § 1794(d).) “[E]xpenses” includes items beyond the “costs...

Excerpt: ...act and (2) common counts. Plaintiff's Separate Statement sets forth the following facts: On February 13, 2006, in response to Defendant's request, Plaintiff issues a credit card and line of credit to Defendant. (CC (“common counts”) UMF 1.) The card was mailed to Defendant with a card holder agreement provided in the Credit Card Application and Agreement. (Id.) By accepting and using the credit card, pursuant to the terms of the Consumer Cre...

Excerpt: ...2018, the Court entered judgment for Plaintiff (the “Judgment”). On May 29, 2019, the Judgment was assigned to Sommers. Sommers asserts that Allurent is a suspended corporation and therefore cannot defend itself. Sommers further asserts that Will Claren (“Claren”) is listed as the CEO, secretary, and CFO on the Secretary of State's statement of information. As a result, Sommers argues that Claren is the alter ego of Alurent, because (1) t...

Excerpt: ...* If oral argument is requested in an attempt to obtain leave to amend, plaintiff shall be prepared to specifically discuss the new or different facts which may now be alleged in good faith to overcome the deficiencies noted below. *** Defendants Ocwen Loan Servicing, LLC (“Ocwen”), Deutsche Bank National Trust Company as Trustee for Long Beach Mortgage Loan Trust 2004‐3, Asset‐Backed Certificates, Series 2004‐ 3 (“Deutsche as Trustee...

Excerpt: ...her of Local Rule 1.06 and the Court's tentative ruling procedure and the manner to request a hearing, along with the correct address for Dept. 53/54. If moving counsel is unable to contact opposing counsel prior to hearing, moving counsel is ordered to appear at the hearing in person or by telephone. Both moving and opposing counsel failed to comply with CRC Rule 3.1110(b)(3)‐(4). Overview Plaintiff Martin Straznicky, M.D. was a member of defe...

Excerpt: ...welve causes of action against numerous parties based on allegations that she was injured after undergoing electric shock therapy at Defendant's hospital. With respect to Defendant Plaintiff alleges the ninth cause of action for negligence, the tenth cause of action violation of Business & Professions Code § 17200, and the twelfth cause of action for injunctive relief. Ninth Cause of Action (Negligence) Defendant's demurrer is overruled. Defenda...

Excerpt: ...a proposed settlement in a class action is fair. (Rebney v. Wells Fargo Bank (1990) 220 Cal. App. 3rd 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.2d 12...

Excerpt: ...Fargo Bank (1990) 220 Cal. App.3rd 1117, 1138.) Newberg on Class Actions (4th Ed.), the most authoritative treatise on class actions, discusses the process for approving the settlement of a class action. At § 11.24, “Procedure for Submitting Class Settlement for Approval,” Newberg describes the review at the preliminary stage as the submission by the parties of the essential terms of the agreement for informal review of the settlement papers...

Excerpt: ...Johnson and Matt Carrol's joinder is denied. Pursuant to Local Rule 2.09, a party desiring the same relied as another must comply with all procedural requirements for filing of motions, including proper notice, format etc. The joinder does not comply with these requirements. The joinder was served on November 5, 2019. Service on November 5, 2019, for a November 12, 2019, hearing date only provided four Court days' notice which is insufficient pur...

Excerpt: ...ty in support of such a motion. Plaintiff voluntarily dismissed this action with prejudice in April 2017. Here, “[t]he dismissal with prejudice of the lawsuit deprived the superior court of subject matter jurisdiction. Absent a pending lawsuit, a court cannot issue judgments or orders.” ( Hagan Engineering, Inc. v. Mills (2003) 115 Cal.App.4th 1004, 1007.) While CCP § 664.6 provides a mechanism for the Court to retain jurisdiction over the p...

Excerpt: ...th the care and treatment provided to his spouse Linda Novotny (the “Decedent”). The demurrer is sustained with leave to amend for failure to state facts sufficient to constitute a cause of action. (CCP § 430.10(e).) With respect to the first cause of action, there are no allegations regarding what either of the Defendants did or did not do that was improper and/or how their conduct caused the Decedent's death. In addition, Plaintiff has bro...

Excerpt: ...ne or more claims for damages, or one or more issues of duty..." CCP 437c(f)(1). In this case, the parties presented a signed stipulation pursuant to CCP 437c(t) that the court may determine the issue of whether non‐economic damages may be recovered in this case. The court signed the order on stipulation permitting this motion before the motion was filed pursuant to CCP 437c(t). In this action arising out of an automobile accident, plaintiff se...

Excerpt: ... of the Summons did not result in actual notice (CCP §473.5); that service of the Summons did not result in actual notice in time to defend action brought by a debt buyer (Civ. §1788.61); and under the inherent equitable powers of the court to craft a remedy. Defendant was served by substitute service on April 5, 2019 at 3835 Breuner Place, Sacramento. Default was entered on May 28, 2019 and Default Judgment was entered on July 1, 2019. Defenda...

Excerpt: ... defendants' Answer was prepared September 17, 2019 and sent to the court for filing. However, counsel received a notice on October 3, 2019 that the Answer was rejected from filing because default had been entered on September 20, 2019. (Declaration of Jared Walker). Counsel, who also represents plaintiff, never received a phone call from cross‐defendant, an attorney, prior to the entry of default. Whenever an application for relief is made no ...

Excerpt: ... Street, and was "holding or controlling funds from which to pay costs due or to become due to the general contractor, Davis Reed. (RJN, Exh. 1, ¶ 45.) When Cemco was not paid, Cemco asserts that it "served by first class mail pre‐paid on [the Bank] a stop payment notice signed and verified by Cemco." (RJN, Exh. 1, 46.) Cemco does not allege that any bond equal to 125 percent of its claim, accompanied the stop payment notice. (See RJN, Exh. 1,...

Excerpt: ...result of the contractual waiver of subrogation provision contained in the contract between Plaintiff the general contractor, Davis/Reed Construction, Inc. and RJA. Davis/Reed contends RJA breached and negligently performed its HVAC sub‐contract for work on the Ice Block Project ("Project") both of which have resulted in damage to Davis/Reed. Indian Harbor filed its Complaint In Intervention, containing a single cause of action for Subrogation,...

Excerpt: ...d appropriately inform Plaintiff that he was diagnosed with a specific communicable disease, which then resulted in a one week delay in diagnosis of an additional medical condition which resulted in harm to Plaintiff. Defendants thus requested the Plaintiff in special interrogatory No. 42 to identify any and all facilities where he had undergone a specific form of testing that could have discovered the communicable disease during the 10 years pri...

Excerpt: ...MSC December 18, 2019. The case was previously set to start trial on June 19, 2019, but the parties obtained a stipulated continuance in May 2019, based upon the plaintiff's then recent neck surgery in February 2019. Plaintiff had already had an initial neck surgery in May 2018. Defendants represented that they needed more to time to obtain plaintiff's medical records for her recent surgery, provide them to their experts and then to take expert d...

Excerpt: ...98 offer had provided that the amount of restitution would be determined by the Court if the parties could not agree. The CCP § 998 offer also indicated that FCA would pay Plaintiff's fees and expenses pursuant to Civil Code § 1794(d) in an amount to be determined by the Court if the parties could not agree. Ultimately the parties resolved the amount of restitution but were unable to resolve the amount of fees and costs. Plaintiff seeks $27,070...

Excerpt: ...Court also granted Plaintiff's motion to deem matters in its requests for admissions admitted and awarded $260 in monetary sanctions. Plaintiff seeks terminating sanctions on the basis that Defendant has not provided the Court ordered responses. For misuse of the discovery process, including as is the case here, disobeying a court order to provide discovery, the Court may impose a terminating sanction by one of the following: an order striking ou...

Excerpt: ... appointing Plaintiff Donald Wright as class representative for purposes of settlement; 3. Preliminarily appointing the Shimoda Law Corp. as class counsel for purposes of settlement; 4. Preliminarily approving the proposed $350,000.00 class action settlement, which is incorporated herein by reference; 5. Preliminarily approving the application for payment to class counsel of attorneys' fees in the amount of $122,500.00 (35% of the Gross Settlemen...

Excerpt: ...mber 6, 2018. On April 25, 2019, the Sacramento District Attorney's office filed felony charges against Dana Berry related to this incident, Case Number 19‐FE‐007262. (See Meyers Decl. at ¶10.) There was an arraignment on September 4, 2019 and on November 18, 2019 there will be a hearing to either enter a plea or set the case for trial. (See Meyers Decl. at ¶11) The moving papers seek a seek a stay of all civil discovery as to Dana Berry un...

Excerpt: ...days after service of the notice of motion to file an opposition to the motion. No opposition has been filed. Plaintiff's Complaint contains allegations that deficient flooring work was performed in the kitchen area of a Black Bear Diner restaurant which resulted in flooring defects. This action was originally filed with the Court over five years ago on July 25, 2014. Moving defendant Huff Construction was formally added to the Superior Court act...

Excerpt: ... notice and is DENIED. On February 15, 2018, Plaintiff filed his lawsuit against Kimberly Kirchmeyer, Executive Director of the Medical Board of California, alleging numerous state law codes and laws, including Business and Professions Code section 2056 (protection for retaliation 5 against physicians) and 2234.1 (prohibition against physician discipline for alternative treatment), 6 Civil Code sections 45 (libel) and 3345 (unfair and deceptive p...

Excerpt: ...te purchase agreement. In short, Plaintiff alleges Defendant wrongfully cancelled the purchase agreement on the grounds Plaintiff failed to timely remove a title contingency. The property at issue is a 234,800 square foot commercial building located at 8110 Power Ridge Road in Sacramento (the “Property”). Plaintiff intended to purchase the property to use in connection with its cannabis business. In October of 2016, Plaintiff and Defendant ex...

Excerpt: ...y R. Thompson, Fredrick A. Ratliff, and Chris M. Wright. Decedent's two successors in interest, Elizabeth Brown and Don Johnson (“Plaintiffs”), have sued Union Pacific and its three employees alleging negligence in the operation of a motor vehicle, general negligence, and premises liability. At issue on this motion are Defendant's responses to request for production Nos. 19‐ 20, 38‐60, 63, 65, and 70. Nos. 19‐20 Denied. These requests s...

Excerpt: ...on, whistleblower discrimination, retaliation in violation of FEHA, breach of fiduciary duty, breach of partnership agreement, accounting, quantum merit, fraud, and negligent misrepresentation of fact. Plaintiff contends discovery has commenced, but defendants have refused to provide documents on the grounds the documents are privileged, confidential, and/or proprietary. Plaintiff contends they disagree with these objections and offered to enter ...

Excerpt: ... as a writ. The matter was assigned to Judge James P. Arguellas for all purposes. Following a demurrer by CDTFA, the parties filed a stipulation to reclassify this case as a civil action for a tax refund and to permit SJCBC to file an amended complaint. The Court signed the stipulation and Order on August 23, 2018. (ROA 28.) SJCBC then filed its FAC on August 30, 2018. The FAC seeks a tax refund. SJCBC contends its cannabis transactions during th...

Excerpt: ...with leave to amend. Plaintiff filed her First Amended Complaint (“FAC”) against the Matheson Defendants, as well as Plaintiff's former supervisor, Shirley Curran, on January 24, 2018, alleging the following eight causes of action: (1) Breach of Contract; (2) Breach of the Covenant of Good Faith and Fair Dealing; (3) Retaliation in Violation of Labor Code § 1102.5; (4) Retaliation in Violation of Labor Code § 6310; (5) Retaliation in Violat...

Excerpt: ...ion for summary judgment is denied. Courts may not take judicial notice of the truth of contents of documents. See Big Valley Band of Pomo Indians v Superior Court (2005) 133 Cal.App.4th 1185, 1191‐1192; Garcia v Sterling (1985) 176 Cal.App.3d 17, 22. Plaintiffs Geralda Stryker et al. are individual homeowners in the housing development that was the subject of a lawsuit entitled Edward J. Broussard, Sr., et al v. Cambridge (Natomas), LP., et al...

Excerpt: ...on the short cause calendar at 8:30 a.m. in Department 47 on November 9, 2018 at 8:30 a.m. If that date is inconvenient, the parties shall meet and confer to pick another Friday date and inform the clerk in Department 53 of the new date no later than 4:00 p.m. on October 23, 2018, so that the clerk may set the matter on the short cause calendar in Department 47. SVO has filed a Petition for an order removing or reducing a $8,816,958 mechanics'...

Excerpt: .... 1‐8 and 13‐43. Plaintiffs contend the scope of these requests is overreaching, implicating all financial transactions ever made by or related to Plaintiffs concerning their investment portfolios, bank account balances, and financial plans, when the only documents directly related to the plaintiffs' claims in this case are much more restricted. Defendants contend all of the financial information is discoverable because plaintiffs contend...

Excerpt: ...nnection with the sale of a 2005 Peterbilt truck to Maynard Frantz, LLC (“Frantz LC”) from Interstate Mechanics Trucks, LLC ("Supplier"). Ascentium and Frantz, LLC allegedly entered into an Equipment Finance Agreement (“EFA”) which Maynard Frantz allegedly personally guaranteed. Cross‐Complainants then filed a cross‐ complaint alleging causes of action for breach of contract, common counts, and fraud. They filed a first amende...

Excerpt: ...or was a default or default judgment ever taken. This action arises from an unpaid wage claim filed by plaintiff James Batiste against defendant Washington Freight Express, LLC (“Washington Freight”) before the Labor Commissioner. On February 25, 2014, pursuant to an Order, Decision, or Award of the Labor Commissioner, a judgment was entered by the clerk against Washington Freight only for failing to pay Plaintiff his wages. (ROA 1.) No judgm...

Excerpt: ...sional Engineers v. Dep't of Transp. (1997) 15 Cal.4th 543, 590 [judicial notice of findings of fact does not mean that those findings of fact are true]; Steed v. Department of Consumer Affairs (2012) 204 Cal.App.4th 112, 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 fac...

Excerpt: ...nt on July 27, 2018, against the District, Hoyt Fong (the counselor), and the Los Rios College Federation of Teachers Union (“LRCFT Union”), alleging seven causes of action for: (1) Unruh Civil Rights Act (as to the District and Fong); (2) Conspiracy (as to all Defendants); (3) IIED (as to the District and Fong); (4) Negligence (as to the District and Fong); (5) NIED (as to the District and Fong); (6) Gender Violence (as to the District and F...

Excerpt: ...ss as Dan Dellinger Consulting. However, upon review of the papers and declarations, it appears the actual amount supported by the declarations is $14,391.70 (representing $13,967.50 in attorneys' fees (75.5 hours x $185/hour) and $424.20 in costs). This slight difference may have been the result of a clerical error multiplying 35.8 of the attorney hours by $190 instead of $185. Further, the Court also notes on reply that Defendant now seeks only...

Excerpt: ...4th 543, 590 [judicial notice of findings of fact does not mean that those findings of fact are true]; Steed v. Department of Consumer Affairs (2012) 204 Cal.App.4th 112, 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. Gran...

Excerpt: ...amages in connection with Vitek's handling of Prestige's truck #33. (ROA 7.) Vitek then filed a Cross‐Complaint on October 14, 2018, against Prestige, Anatoliy Kitsen, and Does 1‐ 10. (ROA 23.) The Cross‐Complaint contains four causes of action: (1) a cause of action for declaratory relief seeking a declaration that cross‐defendants must pay Vitek for repairs to vehicles, unpaid storage costs, unpaid rental costs and associated cleanup co...

Excerpt: ...nt termination of Plaintiff as the Sacramento River Cats' manager of the visitor clubhouse during the 2014 and 2015 baseball seasons. Plaintiff alleges he was employed by the River Cats during the 2014 and 2015 baseball seasons. (SAC ¶ 1.) Plaintiff alleges Metz was an athletic trainer employed by the Reno Aces. (SAC ¶16.) Metz traveled with the Reno Aces during the baseball season and visited the River Cats' visitor's clubhouse for River Cats/...

Excerpt: ...ntact with a SMUD power line. Plaintiff Francisco Rodriguez, Margarito's son witnessed the incident. Plaintiffs allege causes of action for negligence, premises liability, negligent infliction of emotional distress and loss of consortium. This motion seeks sanctions against Irma Rodriguez for having filed the Complaint on June 1, 2018 naming herself as ROE 1 in the loss of consortium claim. Irma's petition for relief from the government c...

Excerpt: ...was self‐ represented was seeking new counsel. The court granted a 60 day continuance and ordered any opposition to the demurrer to be filed and served on or before October 5, 2018. Plaintiff has now filed a second request for a continuance on October 10, 2018, stating that she has been unable to hire an attorney. She seeks an additional 30 days continuance. The Court denies any further request for a continuance. However, the Court will grant a...

Excerpt: ...s three remaining causes of action: quiet title, cancellation of deed, and declaratory relief. Plaintiff dismissed the 1st cause of action for specific performance on October 1, 2018. Plaintiff Leslie Bakey ("Plaintiff) seeks to clear title to real property she purchased on September 11, 2017 for $400,000 at a duly noticed and properly conducted trustee's sale. (Complaint ¶ 15,17.) The trustee sale occurred because Defendants J. Pedro Za...

Excerpt: ...ising out of a motor vehicle accident, Defendant moves to strike punitive damages allegations. Plaintiffs allege that at the time of the accident, Defendant was operating her vehicle while under the influence of alcohol and with a blood alcohol level exceeding the legal limit. (Comp. ¶ 13.) They allege that Defendant was “well aware that driving while intoxicated posed a risk of serious injury or death to other persons using the roadways. Desp...

Excerpt: ...property from extinguishment pursuant to Title 5 (commencing with Section 880.020) of Part 2 of Division 2 of the Civil Code (Marketable Record Title).” (RJN Exh. E.) Defendant argues that the document can be expunged similar to lis pendens under CCP § 405.30, et seq. and that it can recover fees pursuant to CCP § 405.38. Here, the only authority cited by Defendant for the proposition that the Notice of Intent to Preserve Interest is a cloud ...

Excerpt: ...sition. CCP § 2025.450(a) provides that where a party, without having served a valid objection fails to appear for the deposition, or to proceed with it, or to produce any documents described in the deposition notice, the party noticing the deposition may move for an order compelling attendance and production of documents requested in the deposition notice. (CCP § 2025.450(a).) The motion must be denied. While Plaintiff seeks to compel Defendan...

Excerpt: ...d Cross‐Defendant as joint tenants. Cross‐Complainant argues that he is entitled to an interlocutory judgment pursuant to CCP § 872.720 because he is a joint owner with Cross‐Defendant, with an absolute right to partition of the subject property. Cross‐Complainant's separate statement includes the following. Cross‐Complainant is the owner of an undivided one‐half interest in the subject real property. Crosscomplainant and Cross‐def...