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: ... 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: ...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: ...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: ...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: .... ("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: ...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 ...

Excerpt: ... not timely served but were nevertheless considered since the original hearing date of 12/7/2022 was continued to this date. Factual Background This action arises out of plaintiff's prior employment with APL. Pursuant to an agreement to resolve employment‐related claims via arbitration, plaintiff filed demand for arbitration with JAMS on 6/13/2022. On 6/24/2022 JAMS issued a “Notice of Intent to Arbitration and Filing Fee Invoices” and serv...

Excerpt: ...nt will be DROPPED from calendar due to defective service of notice which deprives the Court of jurisdiction to consider this matter. (Lee v. Placer Title Co. (1994) 28 Cal.App.4th 503, 509‐511.) Provided that that plaintiff files proof of timely, valid service of the moving papers at or before the hearing on this matter, the following will become the tentative ruling on this matter. Plaintiff/cross‐defendant US Alliance Federal Credit Union'...

Excerpt: ...ed by Local Rule 1.06. 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. Factual Background This action arises out of plaintiff's prior employment with CSLC, where she claims to...

Excerpt: ... 95814. Defendant shall notify Plaintiff immediately. On December 27, 2016, plaintiff Dawn Virginia Randall (“Plaintiff”) filed the Complaint in this action for personal injuries related to a fall that occurred on January 6, 2015. The initial trial date was September 25, 2018. (ROA 26.) On September 6, 2018, the Court granted Plaintiff's motion to continue trial pursuant to the parties' stipulation. (ROA 36.) A new trial date of April 16, 201...

Excerpt: ...n struck by defendants' vehicle while walking in the parking lot with her mother. Plaintiff McKinney's responses to interrogatories attest to the following injuries: “[R]ib contusions, headaches, sprains and strains to the left arm and neck, upper and lower back injuries, pain radiating down leg, and a fear of being struck by another vehicle while walking.” Defendants issued in May 2022 several subpoenas for medical records from plaintiff McK...

Excerpt: ...unable to contact opposing counsel prior to the hearing, he 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). Appellee's motion for order to release money held by the Court's registry is ruled upon as follows. Factual & Pro...

Excerpt: ...emurrer to Plaintiffs' Second Amended Complaint: [This action] appears to be premised on the recording of liens, specifically Notices of Pending Enforcement Action ("NOPEA") against [Plaintiff Nabil Samaan's] properties by the County of Sacramento and various employees. Plaintiffs appear to allege that the liens were recorded as a result of the fact that Samaan was successful in an earlier lawsuit. Plaintiffs allege they were denied permits to bu...

Excerpt: ...medical treatment Plaintiff received at Kaiser's Sacramento Medical Center Emergency Department following an accident resulting in injury. Specifically, Plaintiff alleges a male Radiological Technologist named Kenya Besancon (“Besancon”) sexually assaulted and battered Plaintiff while performing an X‐ray procedure on November 13, 2020. Plaintiff filed the action on January 6, 2021, alleging a single cause of action for violation of Civil Co...

Excerpt: ...ember 8, 2018, between Plaintiff, Plaintiff's sister, and Plaintiff's sister's boyfriend at a Food for Less store in Lathrop, CA. Plaintiff alleges that he called 911 concerning the incident and that when the City of Sacramento Police Department arrived, they unlawfully detained him, assaulted him, and denied him medical care, assuming he was the offender. (SAC at p. 5.) Plaintiff filed the original complaint on June 14, 2021, and the First Amend...

Excerpt: ...prejudice. This matter was placed on today's calendar after the Court granted Plaintiff's ex parte application for an OST on June 9, 2022. Plaintiff filed his original complaint on December 20, 2018 and his first amended complaint on August 19, 2019. Plaintiff alleges causes of action against Defendants Heritage Inn of Sacramento, LLC, et al. for conversion, trespass to chattels, and intentional infliction of emotional distress. He appears to all...

Excerpt: ...vices Corporation opposes this motion. For the reasons articulated below, Plaintiff's motion is GRANTED. Background Plaintiff Navas was scheduled to be deposed on November 22, 2021. While both Plaintiff's and Defendant's counsel appeared as scheduled, Mr. Navas did not. (Nobles Decl., ¶ 6.) At some point thereafter (although it is not clear when exactly), Plaintiff's counsel contacted Mr. Navas, who indicated that he no longer wished to serve as...

Excerpt: ...16, 2001. On January 27, 2011, DFEH filed an amended judgment. (ROA 1.) The judgment required Jon Blake Harrison (“Harrison”) to (1) cease and desist from harassment and discrimination in employment on the basis of sex, (2) pay real party in interest Linda Marie Boncore (“Boncore”) back pay plus interest in the amount of $8,778.35 and damages plus interest in the amount of $43,046.75, and (3) pay the State's General Fund an administrative...

Excerpt: ...is action on November 9, 2021 alleging eight separate causes of action (“COAs”) related to her prior employment with Defendant FCCC. As relevant here, Plaintiff's claims include racial discrimination (first COA), harassment (second COA), failure to prevent discrimination and harassment (third COA), blocklisting (fifth COA), and retaliation (sixth COA). Defendants demurs on the following grounds: (1) For the first cause of action, Defendant Ir...

Excerpt: ...1(a). The Court admonishes the parties of this mandatory requirement, particularly given the apparent confusion between the parties as to the basic fact of who owns the subject property, which the meet and confer process could have alleviated. However, the Court exercises its discretion to rule on the demurrer despite this deficiency, and the Court's ruling is not based in any way on Plaintiff's failure to meet and confer. (See CCP § 430.41(a)(4...

Excerpt: ...re independent insurance brokers. A‐1 Door was a client of Defendants for many years. On August 30, 2010, Defendants procured a Management Liability Insurance Policy from Carolina Casualty. The policy provided Directors, Officers and Corporate; Employment Practices and Fiduciary liability insurance coverage. This lawsuit arises out of Plaintiffs' claims that Defendants failed to procure insurance for acts or omissions occurring on and after Feb...

Excerpt: ...partment and the May 23, 2022 trial date is VACATED as follows. Defendants' motion was initially set for September 2, 2021. On August 10, 2021, the Court granted Plaintiffs' ex parte application to continue the hearing date for the motion to December 15, 2021 based on CCP § 437c(h). (ROA 224.) The ex parte application requested the continuance on the grounds that Plaintiffs had been unable to depose Defendants Mark Matheson, Charles Mellor, Josh...

Excerpt: ...ne of its retained experts. (Genge Decl. Exh. A.) The declaration in support of the expert witness disclosure states that Dr. Younger would testify to: “his examination of Plaintiff, the nature and extend of Plaintiff's injuries, Plaintiff's pre‐existing injuries, causation of Plaintiff's injuries, the reasonableness of Plaintiff's medical treatment and damages, the present state of Plaintiff's physical condition, and the need for future . . ...

Excerpt: ...ponse that it would produce documents responsive to Plaintiff's Request for Production of Documents (Set One) Nos. 8B, 9, 12‐17, 19‐22, and 26‐27. GOL opposes the motion and first argues the motion is untimely. GOL argues the supplemental responses at issue were served on November 12, 2021, but this motion to compel the production of documents was not filed until 117 days later on March 9, 2022. (Rasi Decl. Ex. B; ROA 60.) However, GOL's ar...

Excerpt: ...egradation. Plaintiffs allege that they have suffered emotional distress. Plaintiffs seek to seal the following portions of records that were publicly filed: 1. Defendants' Memorandum of Points and Authorities in Support of Motion to Compel Further Deposition Testimony of Randy Baranek and Request for Monetary Sanction (ROA 248): page 7, line 6; page 8, lines 12 and 18; and page 9, line 5; 2. Declaration of Robert M. Ferrier in Support of Motion ...

Excerpt: ... Road Ventures, LLC (“MRV”) in connection with allegations that Plaintiff had an agreement with Franklin whereby Franklin would find new construction business. By way of the instant motion, Plaintiff seeks an order compelling Franklin and MRV to appear for their depositions and to produce documents requested in the subject deposition notices. According to Plaintiff, he has been attempting to depose them since summer 2020. Plaintiff first serv...

Excerpt: ...onal parties and also to amend the amount of the judgment. According to Plaintiff, in 2019, Plaintiff and the Richard and Janet Gudgel Revocable Trust, Janet Gudgel and Jason Gudgel entered into a promissory note whereby these parties agreed to pay Plaintiff $591,902.69 in certain monthly payments over a three year period. If all timely payments were made, any remaining unpaid balance would be forgiven. (Anderson Decl. Exh. 2) The promissory note...

Excerpt: ...account stated. Plaintiff alleges that it owns certain real property at 2820 Marconi Avenue, Suite 3 in Sacramento (the “Premises”). Plaintiff alleged that the Taylor Investment Company, its predecessor in interest, entered into a lease for the Premises (the “Lease”) with GameStop, Inc. in 2003. The Lease was assigned to Defendant in April 2015. Plaintiff alleges Defendant has breached the Lease by failing to make timely rental payments. ...

Excerpt: ...“SAC”), Plaintiffs allege a cause of action for wrongful death and a survivor action against Sutter Valley Hospital and Defendant. Both are premised on the allegations that Defendants failed to properly diagnose and/or treat the Decedent for mesothelioma and that as a result, the Decedent passed away on April 22, 2020. (SAC ¶¶ 1‐3.) The Court has reviewed the parties' papers and is continuing the instant motion to provide Plaintiffs the o...

Excerpt: ...t victim; (5) intentional infliction of emotional distress‐bystander; (6) medical malpractice; (7) negligence; (8) negligent infliction of emotional distress‐direct victim; (9) negligent infliction of emotional distress‐bystander; (10) conversion; (11) defamation; (12) civil conspiracy; and (13) civil discrimination. The SAC arises from allegations that Ms. Kong was referred to Defendant in October 2018 by Dr. Hill, her primary care physici...

Excerpt: ... counsel is directed to contact SMUD's counsel forthwith and advise counsel of Local Rule 1.06 and the Court's tentative ruling procedure and the manner to request a hearing. This action arises out of an underground electric line on Plaintiff's property that provides power to a park owned by the City of Sacramento. In March of 2019, Plaintiff requested SMUD remove the line. When SMUD did not comply with Plaintiff's request, Plaintiff filed this a...