Excerpt: ...years Cima has managed Luyung LLC's principal asset, a commercial building located at 3181 Luyung Drive, in a manner that benefits Cima individually by leasing the building to her son's business at below market rent. Plaintiff initiated this action on July 25, 2022 by filing a petition/complaint with three causes of action: (1) petition for decree regarding winding up; (2) judicial dissolution; and (3) accounting. In addition to the allegations r...

Excerpt: ...el's moton to withdraw. (ROA 51.) Plaintiff has proceeded pro per since then. On November 1, 2022, the Court denied Defendant's motion for terminating sanctions. (ROA 96.) The Court based its ruling on the fact that Defendant served the motion, as well as prior discovery motions and discovery requests, to Plaintiff at the address listed in her former counsel's motion to withdraw, 2411 Larkspur Lane #34, Sacramento, CA 95825. The Court noted that ...

Excerpt: ... opposing counsel prior to the hearing, moving counsel is ordered to appear at the hearing by Zoom or by telephone. The notice of motion also states the incorrect address for Department 54. The correct address for Department 54 of the Sacramento County Superior Court is 813 6th Street, Sacramento, California 95814. Plaintiff's counsel is admonished for failing to comply with CRC rule 3.1110(f)(4). Exhibits accompanying motions must be separated b...

Excerpt: ...y Defendants from 1987 until she was forced to resign in May of 2019. (3AC 98.) On October 11, 2019, Plaintiff filed her original complaint in this action. (ROA 1.) The original complaint did not include a cause of acton for defamation. Plaintiff filed her first amended complaint on July 27, 2021. (ROA 72.) Plaintiff filed her second amended complaint on June 27, 2022. (ROA 76.) In the second amended complaint, for the first time, Plaintiff added...

Excerpt: ...nsurance Fund ("SCIFI'). Defendant's default was entered on June 21, 2022. (ROA 7.) Default Judgment was entered on December 20, 2022. (ROA 12.) The proof of service indicates that Defendant was substitute served on Jasmeen Kaur, Registered Agent, on April 30, 2022 at 11:41 a.m. on "'JANE DOE' (DECLINED NAME), PERSON IN CHARGE Description: MID-EASTRN, Female, 30+ yr s old, 5 ' 4" tall , 170 lbs., BLACK Hair" at 7525 Franklin Blvd., #14 Sacramento...

Excerpt: ...tured and warrantied by Defendant. Plaintiffs further allege that shortly after purchase the subject vehicle began to suffer from various defects, including issues with the suspension system, a clicking noise coming from the engine, illumination of the check engine light, two recalls, and a transmission issue. Plaintiffs took the vehicle to Defendant's authorized repair facilities for warranty repairs on at least six separate occasions. Plaintiff...

Excerpt: ...ion is unopposed and granted. Evidentiary Objections The Court does not rule on Plaintiff's evidentiary objection since the subject portions of Michael Coleman's Declaration filed in support of the motion are immaterial to the Court's decision on this motion. Discussion In August 2016, Plaintiff filed a civil action in Sacramento Superior Court against Defendant and fts alleged principals, entitled Ghulam v. Aalemkhiel, et al., Case No. 34-2016-0...

Excerpt: ...efendants Best Buy Co„ Inc. ("Best Buy") and Gregg Masse's (collectively, "Defendants") demurrer to plaintiff Osbert Ayeni-Aarons' ("Plaintiff") Second Amended Complaint ("SAC") is ruled upon as follows. The notice of motion does not provide notice of the Court's tentative ruling system, as required by Local Rule 1.06. Moving counsel is directed to contact Plaintiff's counsel and advise of unral Rule and the Court's tentative ruling procedure a...

Excerpt: ...ld as Trustee of The Sharon Scofield Family Trust's ("Defendant") demurrer to Plaintiff Diversified Foundation LP's ("Plaintiff") complaint is ruled upon as follows. Trustee's request for judicial notice is GRANTED. Plaintiff's request for judicial notice is GRANTED. Plaintiff failed to comply with CRC Rule 3.1110(f)(3) which requires that each paper exhibit must be separated by a hard 8 h" x 11" sheet with hard paper or plastic tabs extending be...

Excerpt: .... ("PBK"), DC Capital Partners, Gary Gery ("Mr. Gery"), and Lora Gery ("Mrs. Gery"). (ROA 1.) She filed the operative First Amended Complaint ("FAC") on February 3, 2022. (ROA 7.) Plaintiff alleges she is a former employee of PBK and worked as an assistant to Mr. Gery, PBK's managing partner. Plaintiff seeks damages for discrimination on the basis of sex, quid pro quo and hostile environment sexual harassment, retaliation, and failure to prevent ...

Excerpt: ...posing 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. This action arises out of an auto accident that occurred on June 20, 2018, on Riverside Boulevard in Sacramento when Plaintiff changes lanes in front of Defendant and then slammed on ...

Excerpt: ...cedure and the manner to request a hearing. The Court notes Plaintiff's motion did not include a proof of service. Defective service deprives the court of jurisdiction (Lee v. Placer Title Co. (1994) 28 Cal.App.4th 503, 509.) Nevertheless, the Court in its discretion will consider the merits of this motion as Defendant Regents of the university of California ("Defendant") has filed a substantive opposition and there does not appear to be any prej...

Excerpt: ...oena, the head of the department may petition the Court for an order compelling compliance. Here, Petitioner identifies herself as the duly appointed Director of the Department of Consumer Affairs, State of California, ("DCA"). (Pet. 1.) DCA is a department within the meaning of Government Code section 11180 et seq. (ld. at 3.) Respondent Michael Jen-Kung Huang, M.D. ("Respondent") is duly licensed by the Medical Board of California ("the Board")...

Excerpt: ... after completion of notice by publication in an escheat action taken under the provisions of Section 1415, a person not a party or privy to such proceeding or action, if not otherwise barred, may file a #tition in the Superior Court of the County of Sacramento, or as provided in Section 401, showing his claim or right to the money or other property, or the proceeds thereof. Petitioner has properly served the Attorney General and the Controller i...

Excerpt: ...uling to the litigation coordinator. The litigation coordinator shall provide the tentative ruling to Plaintiff Delbert Smith within 48 hours. The litigation coordinator is directed to have Plaintiff Troy Anderson available at oral argument on January 19, 2023 at 1:30 pm. Appearance will be by ZOOM. Department 53 Zoom ID is: 161 4650 6749. To appear on Zoom by phone, call (833) 568‐8864 and enter 161 4650 6749#. Appearance is required. Self‐r...

Excerpt: ...ricson (“Plaintiffs”), allege that Defendants 3 Point, Christopher MacPhail, and Dorothy MacPhail surreptitiously took partnership profits for their own personal gain without benefit to the partnerships. In March 2022, the parties reached a settlement pursuant to which the parties agreed to sell certain real property (“El Camino Property”) to the highest bidder within a three month period. (Underwood Decl. Exh. 2 ¶ 3.) The parties agreed...

Excerpt: ...quests for Admission) is ruled upon as follows. Background This action arises from a family business dispute. The Complaint asserts causes of action for disassociation, breach of fiduciary duty, and breach of contract against Defendant, Curtis Pless, and Gregotrade, LLC. Defendant's Cross‐Complaint asserts causes of action for disassociation, breach of fiduciary duty, accounting, breach of contract, violation of the covenant of good faith and f...

Excerpt: ...Defendant's rehabilitation facility. At issue on the instant motion are Defendant's responses to Plaintiffs' request for production and special interrogatories (sets one). While there are a substantial number of discovery requests and a separate statement over 150 pages in length, the overall gist of the motion relates to the objections stated in the discovery responses. That is, Plaintiffs for the most part argue that the objections set forth in...

Excerpt: ...el Defendant to provide full and complete responses to certain requests for production. Requests Nos. 1, 2 and 4 relate to Plaintiff's vehicle. Request Nos. 18, 23, 25, 30, 35, 35, 49, 50, 51, 81‐85, 90 and 91 relate to Defendant's investigation and analysis regarding the defects and reports to government entities. Requests Nos. 76 and 78 relate to Defendant's warranty and repurchase policies. Defendant interposed numerous objections to the req...

Excerpt: ...ki. Plaintiffs allege Mr. Davalatberki was driving the truck on Defendant Amazon Logistics, Inc.'s (“Amazon”) behalf. The Court considered Amazon's opposition which was filed and served a single day late on January 6, 2023. Plaintiffs were able to file a timely reply. At issue of this motion are Amazon's responses to Plaintiffs' request for production of documents (set three). The requests seek documents of any surveillance Amazon conducted o...

Excerpt: ...umerous defendants caused the Decedent to be exposed to asbestos containing products resulting in her developing lung cancer. DCo is alleged to be one of the entities responsible for numerous automotive products which the Decedent was exposed to, including Warner Electric Brake & Clutch Company's (“Warner”) brakes and clutches, United brakes and Victor Gasket Division's gaskets. Plaintiffs also seek punitive damages. DCo moves for summary adj...

Excerpt: ...14. 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 remotely (telephonically or by video conference via Zoom as stated in the introductory notice to today's tenta...

Excerpt: ...t. v. Empire Water Co. (1941) 44 Cal.App.2d 61, 68 [recorded land documents, not contracts, are the subject of judicial notice on demurrer].) The Court, however, does not accept the truth of any facts within the judicially noticed documents except to the extent such facts are beyond reasonable dispute. (See Poseidon Devel., supra, 152 Cal.App.4th at 1117‐18.) see also Fontenot v. Wells Fargo Bank, N.A. (2011) 198 Cal.App.4th 256, 265 ("[A] cour...

Excerpt: ... is the San Francisco Chapter of ACF. (Comp. ¶ 6.) Plaintiff alleges that it has been overseen by ACF but work as an autonomous unit it terms of its day‐to‐ day operations. It alleges that historically ACF holds title to property acquired by chapters but in name only and only as a trustee for any individual chapter that raised money to acquire the property. (Comp. ¶¶ 9, 10.) Plaintiff alleges it acquired investment property on November 8, ...

Excerpt: ...each of contract, common counts, fraud, breach of the covenant of good faith and fair dealing, and for declaratory relief. The claims arise from allegations that Plaintiffs agreed to purchase real property located at 5829 Filbert Avenue in Orangevale (the “Property”) from Defendant but that Defendant has failed to place Plaintiffs on title. Defendant demurs to all of the causes of action in the FAC A demurrer “tests the pleadings alone and ...