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: ...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...