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: ...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: ... 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: ... 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: ...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: ...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: ...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: ...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: ...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: ...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: ...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: ...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: ...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: ...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: ... 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...