Excerpt: ...ber 6, 2022, pursuant to the subject arbitration agreement, Anthem designated JAMS as the dispute resolution organization. (Pytel Decl. 5.) Plaintiff made a demand for arbitration with JAMS on December 12, 2022. (ld. 6.) Plaintiff contends that JAMS sent Anthem an invoice for the fees to initate arbitration on December 22, 2022, and that the invoice stated that the fees were due upon receipt of the invoice. (ld. 7, 8.) The invoice was directed to...

Excerpt: ...J. Smith within 48 hours. The litigation coordinator is directed to have Plaintiff Delbert J. Smith available at oral argument. 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 1514650 6749#. Appearance is required. Defendants California Department of Corrections and Rehabilitation ("COCR") and Kathleen Allison ("Allison") (collectively "Defendants") demurrer to incarc...

Excerpt: ...n order from the Court allowing it to file an oversized memorandum. Nevertheless, the Court considered the entirety of the memorandum. In the future, Defendant shall conform to the applicable page limits or obtain an order from the Court allowing it to exceed those limits in accordance with the Rules of Court. In this foreclosure action, Plaintiffs allege causes of action for (1) negligence; (2) Violation of Civil Code SS 2924.12/2924.17; (3) Fra...

Excerpt: ...are and treatment of Lawrence Moody resulted in a spinal cord injury. At issue on the instant motion are Plaintiff Ann Downs' responses to Defendants' request for production No. 36 and special interrogatory No. 40. Request for production No. 36 asked Plaintiff for all documents in their possession from a legal proceeding in which Picetti testified. Special interrogatory No. 40 asked Plaintiff to identify all document in their possession from a le...

Excerpt: ...or judgment on the pleadings. Plaintiff opposes the request for reconsideration. A party may seek reconsideration of an order "based upon new or different facts, circumstances, or law." (Code Civ. Proc. S 1008(a).) A motion for reconsideration under this statute must be filed within 10 days of service of written notice of entry of the order. (Ibid.) The moton must be supported by an affidavit identifying "what application was made before, when an...

Excerpt: ...nly opposes the request for sanctions. No declaration was submitted. No later than May 10, 2023, Plaintiff shall serve verified responses, without objections, to Defendant's form and special interrogatories (sets one). To the extent responses were served after the motion was filed comply with the above, they need not be reserved. Defendant's request for sanctions is denied as the motion was unopposed on the merits. Although California Rules of Co...

Excerpt: ...�N. (FAC, 55; Todd Decl., 1.) On May 16, 2022, Plaintiffs filed the First Amended Complaint, which added a claim by Plaintiff Gill for conversion of $18,758.91 in cryptocurrency. (FAC, '1 18.) On January 30, 2023, Plaintiffs brought the instant motion to reclassify the action as an unlimited civil case. Before the deadline to amend the initial pleading, a plaintiff may move to reclassify an action upon a showing the case has been classified in an...

Excerpt: ..."Plaintiff") failure to prosecute. The Court will address the motion to dismiss pursuant to Code Civ. Proc. S 583.360 first as it is dispositive. "[A]n action shall be brought to trial within five years after the action is commenced against the defendant." (Code Civ. Proc. S 583.310.) "[A]n action shall be dismissed... after notice to the parties, if the action is not brought to trial within the time prescribed in this article." (Code Civ. Proc. ...

Excerpt: ...rica, LLC (9th Cir. 2022) 23 F.4th 942. This is a lemon law action. Plaintiff alleges causes of achon against Defendant Ford Motor Company ("Defendant") for violations of the Song-Beverly Consumer Warranty Act (SongBeverly) in connection with his purchase of a 2021 Lincoln Aviator ("Vehicle") from Defendant. Plaintiff alleges he received warranties through the sale of the Vehicle, including a bumper- tobumper and a powertrain warranw. (Comp. 9.) ...

Excerpt: ...f action, affrmative defense, or claim for damages. (Code Civ. Proc. S 437c(f)(1); Hindlin v. Rust (2004) 118 Cal.App.4th 1247, 1255.) When a party seeks summary adjudication, "the specific cause of action, affirmative defense, claims for damages, or issues of duty must be stated specifically in the notice of motion and be repeated, verbatim, in the separate statement of undisputed material facts." (Cal. Rules of Court, rule 3.1350(b).) Plaintiff...

Excerpt: ...the Court accepts the fact of their existence, not the truth of their contents. (See Professional Engineers v. Dep't of Transp. (1997) 15 cal.4th 543, 590; steed v. Department of consumer Affairs (2012) 204 cal.App.4th 112, 120- 121.) Procedural History Plaintiff filed the initial complaint in this action on October 8, 2021, against Defendants Western Dental Services, Inc. ("Western Dental") and Jooyoung Oh ("Oh"). In the original complaint, Plai...

Excerpt: ...ay take judicial notice of the existence of judicial opinions and other court documents, but does not take judicial notice of the truth of hearsay statements in other decisions or court files or of the truth of factual findings made in another action. (Johnson & Johnson v. Superior Court (2011) 192 Cal.App.4th 757, 768; see also sosinksy v. Grant (1992) 6 cal.App.4th 1548, 1566; Kilroy v. state of california (2004) 119 cal.App.4th 140.) Responden...

Excerpt: ...encies noted below. *** The opposition was not timely filed or served and was not served in conformity with the express requirements of Code of Civil Procedure S1005(c) but it was nevertheless reluctantly considered. Plaintiff's counsel failed to comply with CRC Rule 3.1110(b)(3)-(4). Factual Background This is a legal malpractice action which arises from the legal services defendant attorney performed for plaintiff's grandmother, Alice Ruzir ("D...

Excerpt: ...ed Material Facts, which of opposing plaintiffs 15 Additional Material Facts and/or which of moving defendants' 21 objections to evidence will be addressed at the hearing. The parties should be prepared to point to specific admissible evidence already in the record which is claimed to show the existence or non-existence of a triable issue of material fact. *** Moving counsel failed to comply with CRC Rule 3.1110(b)(3)-(4). Both moving and opposin...

Excerpt: ...nce the Court continued the matter to this date from April 4, 2023. The parties' Requests for Judicial Notice filed prior to April 4, 2023 are granted for the purposes of which judicial notice may be properly taken. For instance, the Court may take judicial notice of the existence of judicial opinions and other court documents, but does not take judicial notice of the truth of hearsay statements in other decisions or court files or of the truth o...

Excerpt: ...s Register of Actions. Pursuant to the Court's directive, plaintiff refiled its opposition and filed its related declaration. Having considered plaintiff's opposition, the Court now rules defendants' motion as follows. Factual Background This is a declaratory relief action wherein plaintiff seeks to challenge defendants' "erroneous interpretation of Section 1516(b) of the [Unclaimed Property Law]." (Compl., p.1:20-24; p.2:10-11.) Defendants filed...

Excerpt: ...disputes relative to the subject discovery requests and (2) to identify prior rulings by this Court on essentially identical requests for production served on GM in other pending case. The Court now rules as follows. * If oral argument is requested, the parties must at the time oral argument is requested notify the clerk and the opposing party of the specific discovery requests that will be addressed at the hearing. The parties are also reminded ...

Excerpt: ..."), et al.'s moton to dismiss this action pursuant to Code of Civil Procedure and CRC Rule 3.1342 for plaintiffs' failure to bring it to trial within three years of commencement is ruled on 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 opposing counsel and advise him/her of Local Rule 1.06 and the Court's tentative ruling proce...

Excerpt: ...oving 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, 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 by Zoom or by telephone. Plaintiff failed to comply with CRC Rule 3.1110(f)(3), requiring exhibits to be ...

Excerpt: ...d 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, 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, by Zoom or by telephone. Moving counsel failed to comply with CRC Rule 2.111(3) The opposition papers were not timely ...

Excerpt: ...ss $3,778.50 for salvage) plus rental costs of $586.47 and a $1A)O deductible. Plaintiff seeks to recover that amount from Defendant Albin Abarquez alleged to have been responsible for vehicle accident causing the loss. Plaintiff's motion to have its request for admissions to Defendant deemed admitted was granted on November 24, 2020. When the moving party is the plaintiff, there is only one ground for a moton for judgment on the pleadings: "the ...

Excerpt: ...ng to Scott R. Price within 48 hours. The litigation coordinator is directed to have Scott R. Price available at oral argument on April 20, 2023, at 1:30 pm. Appearance will be by ZOOM. Department 53's Zoom ID is: 1614650 6749. To appear on Zoom by phone, call (833) 568-8864 and enter 1614550 6749#. Appearance is required. Plaintiff Scott R. Price's ("Plaintiff") motion for appointment of counsel is DENIED as follows. The Court notes that it did ...

Excerpt: .... The subject complaint alleges causes of action for breach of contract, foreclosure of deed of trust, and fraudulent inducement. Defendants moves for judgment on the pleadings as to the third cause of action for fraudulent inducement on the basis that it is barred by the statute of limitations, the statute of frauds and otherwise fails to state facts sufficient to state a cause of action. On April 5, 2023, this Court granted co- defendant Twin R...

Excerpt: ... declaratory relief. Plaintiff has since dismissed the declaratory relief cause of action. Plaintiff's causes of action arise from allegations that he had agreements with certain parties ("DPG parties") which prov-ded that he would have a first position security interest as to money that he lent/invested which was collateralized by the DPG parties' assets, including an automobile sub-prime loan portfolio titled in the name of Spring Tree Lending,...

Excerpt: ... in a foreclosure related matter. Palmieri alleges she had a contingency fee agreement allowing for a percentage of the gross recovery and also provided her a charging lien for any sums ovvng for unpaid fees and costs. The Second Amended Complaint ("SAC") alleges Palmieri associated with Defendants in 2016 and recommended that Gilliland follow her. The SAC alleges Defendants agreed to a division of fees pursuant to which Palmieri would be paid a ...

Excerpt: ...omplainant M&A's motion for summary adjudication as to its first, second, and third cross-claims is DENIED. Plaintiffs Stephen W. Wheatcraft, Ph.D. ("Dr. Wheatcraft"), Wheatcraft and Associates, LTD ("W&A," collectively "Cross- Defendants"), and Catherine Benton ("Benton," collectively "Plaintiffs") allege multiple causes of achon stemming from expert witness work Plaintiffs performed for Defendants on three lawsuits - the Clovis, Fresno, and Ora...

Excerpt: ...tract. (Complaint.) Plaintiff Helexo PTE Limited ("Plaintiff") is a Singapore company. (Complaint, 4.) Defendant Comcopious Limited ("iCanPay") is a Hong Kong shell company that does business under the name ICanPay through various subsidiaries. (Complaint, 5 and 17-19; Shimogori Decl., '1 1.) Plaintiff alleges Comcopious' principal place of business is the home of its director and controlling shareholder, Defendant Kotaro Shimogori ("Shimogori") ...

Excerpt: ...es in opposition is 20 pages in length, and exceeds 15-page limit as specified in California Rules of Court rule 3.1113(d). The Court's record does not reflect Plaintiffs sought leave to file an oversized brief pursuant to California Rules of Court rule 3.1113(e). "A memorandum that exceeds the page limits of these rules must be filed and considered in the same manner as a late-filed paper." (Cal. Rules of Court, Rule 3.1113 (g).) The Court has d...

Excerpt: ...uled upon as follows. Sutter opposes the motion. Defendant Mindy Shapiro, MD ("Dr. Shapiro") filed a joinder to Sutter's opposition. This is a medical malpractice action in which Plaintiffs allege the wrongful death of Hardeep Kaur Bains ("Decedent"). Plaintiffs commenced this action by filing their Complaint on September 29, 2021, alleging causes of action for negligence wrongful death against Defendants Caroline Nguyen, MD; Dr. Shapiro; and Sut...

Excerpt: ...ired by Local Rule 1.06(D). Moving counsel is ordered to notify opposing counsel immediately of the tentative ruling system and to be available at the hearing, via Zoom or by telephone, in the event opposing counsel appears without following the procedures set forth in Local Rule 1.06(B). FACTS In this lemon law achon involving a 2018 Chevrolet Silverado 1500 ("the Silverado"), Plaintiffs allege GM was aware of a certain transmission defect ("the...

Excerpt: ...ing their Complaint on December 12, 2022. (ROA 1.) On January 18, 2023, Plaintiffs filed the operative First Amended Complaint ("FAC") alleging causes of achon for elder neglect, custodial negligence, constructive fraud, and negligent infliction of emotional distress against Defendants. (ROA 10.) Plaintiffs allege Ms. Ritter is a 95-year-old woman who was living at the residential care facility for the elderly known as The Pines, a Merrill Garden...

Excerpt: ...Plaintiff filed the instant action on October 8, 2020. (ROA 1.) Trial is set for June 20, 2023. (ROA 26.) Defendant served an initial set of discovery documents on Plaintiff on March 26, 2021 to which Plaintiff responded. (Declaration of Kimberly A. Millington (Millington Decl.) 92.) Defendant also noticed Plaintiffs deposition for December 1, 2021. (Millington Decl. 94.) On November 29, 2021, Plaintiff's counsel informed Defendant that counsel w...

Excerpt: ...becca Rickett ISO Defendant's motion to compel (Rickett Decl.) 2.) The deposition was taken off calendar per Plaintiff's counsel's request as counsel was unable to locate their client. (Rickett Decl. 93.) Plaintiff failed to respond to an attempt to meet and confer for other available dates of deposition. (Rickett Decl. 94.) Defendant subsequently moved to compel the deposition, which the Court granted on December 1, 2022. (ROA 35.) Shortly there...

Excerpt: ...ts for Production of Documents, Set One is ruled upon as follows. This is a medical malpractice action in which Plaintiffs allege the wrongful death of Hardeep Kaur Bains ("Decedent"). Plaintiffs commenced this achon by filing their Complaint on September 29, 2021, alleging causes of action for negligence wrongful death against Defendants Caroline Nguyen, MD; Mindy Shapira, MO; and Sutter. Pertinent here, Sutter indicates that on December 20, 202...

Excerpt: ... of action for breach of contract and two causes of action for common counts. Camrock alleged Defendant Security Paving Company, Inc. ("Security Paving") failed to make payment to it within 30 days of its final invoices for the two jobs, job numbers 06-0H2504 ("06 and 07-266404 ("07 Subcontract"). Following a court trial before the Honorable Trena H. Burger-Plavan, the Court issued a tentative decision in favor of Camrock on May 31, 2019. (ROA 11...

Excerpt: ... Department 53 Zoom ID is: 1614650 6749. To appear on Zoom by phone, call (833) 568-8864 and enter 161 4550 5749#. Appearance is required. Defendants California Department of Corrections and Rehabilitation ("CXR") and Kathleen Allison ("Allison") (collectively "Defendants") demurrer to incarcerated pro per Plaintiff Delbert J. Smith's ("Plaintiff") Complaint is ruled upon as follows. Plaintiff commenced this acton by filing his Complaint on July ...

Excerpt: ...ng. The parties are also reminded that pursuant to local Court rules, only limited oral argument is permitted on law and . *** Plaintiff's opposition was not timely filed or served and the proof of service attached motion matters thereto is not signed. Additionally, the opposition does not comply with CRC Rule 3.1113(d) and (f) and plaintiff failed to seek or obtain leave of court to file an oversized brief as required by Rule 3.1113(e). Plaintif...

Excerpt: ...that pursuant to local Court rules, only limited oral argument is permitted on law and motion matters. *** Plaintiff's opposition papers were not timely filed and the "Certificate of Service" on the final page does not in several respects comply with Code of Civil Procedure S1013a. This is particularly troubling since plaintiff's opposition to the prior demurrer suffered from the same defects, resulting in the Court declining to consider his oppo...

Excerpt: ...ate/time of this hearing if she attends Court in person. As stated therein, such order as to Defendant Trieu 's counsel applies REGARDLESS of whether any party requests oral argument on this motion. *** Factual Background Plaintiff commenced this action in 2018, alleging against defendants Trieu and Phan causes of action for fraud, embezzlement, conversion, breach of contract, breach of fiduciary duty, negligence, etc. in connection with a reside...

Excerpt: ... bottom of the page" (so the Court need not unnecessarily expend time locating individual exhibits). Factual Background This litigation was commenced against defendant Mission Linen Supply in October 2019 with a putative class action complaint alleging violations of various wage-andhour provisions of the Labor Code as well as a claim for unfair business practices. In December 2019 an amended complaint was filed, adding claims for penalties under ...

Excerpt: ...her "hard paper or plastic tabs extending below the bottom of the page" (so the Court need not unnecessarily expend time locating individual exhibits). Factual Background This is a personal injury action arising from the malfunction of an elevator in which plaintiff was riding in February 2019. It is alleged the elevator "dropped approximately three floors and then suddenly stopped. Trial is currently scheduled to commence on 6/20/2023. In Februa...

Excerpt: ...rril Kofi a.k.a Zeke Layman, Mrs. Miller's brother, was also living at Bush Way on the date of the fire. The home was insured by Mid-century Insurance Company, which paid out claims by the other plaintiffs to have the house repaired and for damages to contents of the home following the fire loss incident. Mid-century is appearing in a subrogee capacity. Plaintiff Chris and Edith Miller, as well as Mr. Layman, are inwlved as additional individual ...

Excerpt: ...s able to file a complete reply. Defendant's counsel also filed a "supplemental" declaration on April 11, 2023, only two Court days prior to the hearing. The declaration attached exhibits which counsel attempted to attach to the papers filed on April 7, 2023. The basis for the opposition is that verified responses were served after the motion was filed. The motion was filed on January 11, 2023. There is no dispute that Defendant served verified r...

Excerpt: ...d, Samuel Fong (deceased) ("Sam") operated the family businesses for the personal benefit of his mistress, Yimin Dai and himself. Defendant is the trustee of the Samuel B. Fong Trust and Executor of Samuel 8. Fong's estate. At issue on the instant moton is Jason's claimed failure to produce a United States Estate Tax Return, Form 706 ("Tax Return") for Sam. The Siblings contend the Tax Return was responsive to the request for production of docume...

Excerpt: ...lowing: [T]hat the property was in a dangerous condition at the time of the injury, that the injury was proximately caused by the dangerous condition, that the dangerous condition created a reasonably foreseeable risk of the kind of injury which was incurred, and that either: (a) A negligent or wrongful act or omission of an employee of the public entity within the scope of his employment created the dangerous condition; or (b) The public entity ...

Excerpt: ... to provide verified further responses to Defendant's request for production (set one), without objections other than those based on privilege, and an appropriate privilege log, no later than February 28, 2023. Defendant contends Plaintiffs failed to comply with the orders and now seeks evidentiary and monetary sanctions. The Court also imposed a modest amount of monetary sanctions against each Plaintiff in the amount of $310. Defendant indicate ...

Excerpt: ...the memorandum. In the future, Cross-Defendants shall conform to the applicable page limits or obtain an order from the Court allowing it to exceed those limits in accordance with the California Rules of Court. The Court also reluctantly considered Cross-Defendants' untimely supplemental opposition and supplemental declaration filed on April 4, 2023, seven court days prior to the hearing. There is no explanation for these late filings. Plaintiffs...

Excerpt: ...22, alleged causes of action for violation of Business & Professions Code S 809, negligence, and wrongful termination in violation of public policy. Plaintiff was granted leave to file an amended complaint and filed the FAC on September 29, 2022. In the FAC, Plaintiff alleges causes of action against Defendant for violation of Business & Professions Code S 809, negligence, violation of Labor Code S 1102.5, wrongful termination in violation of pub...

Excerpt: ... April 20, 2023, at 1:30 pm. Appearance will be by ZOOM. Department 53's Zoom ID is: 1614650 6749. To appear on Zoom by phone, call (833) 568-8854 and enter 1614650 6749#. Appearance is required. Plaintiff Scott R. Price's ("Plaintiff") motion for appointment of counsel is DENIED as follows. The Court notes that it did not consider Plaintiff's February 23, 2023 filing titled "Motion for Appointment of Counsel," signed under penalty of perjury bec...

Excerpt: ...Raymond Case Child Development Center ("Raymond Case"), and that the abuse was witnessed by a teacher, but not reported. The operative second amended complaint ("SAC") was filed on April 16, 2021, and contains a cause of achon against CDSS for negligence. CDSS moves for summary judgment on the grounds that Plaintiff cannot establish that a duty of care was breached by CDSS or any other essential element of his negligence cause of action. Raymond ...

Excerpt: ...cle to Defendant for repairs on numerous occasions and that Defendant failed to use ordinary care and skill to store, prepare and repair the Vehicle in accordance with industry standards. (Complaint, 40-42.) Defendant moves to compel Plaintiffs' claims against it to arbitration pursuant to an arbitration provision located in the subject Retail Installment Sales Agreement ("RISC") Plaintiffs signed when they purchased the vehicle. The subject prov...

Excerpt: ...d served by March 20, 2023. However, where a motion is served via electronic mail, the notice period is extended by 2 court days. Thus, the deadline for service was March 16, 2023. Here, the motion was filed on March 17, 2023 and the proof of service indicates it was served February 17, 2023 via electronic mail. Even assuming the date on the prtnf of service is not an error, the motion was untimely filed for purposes of this hearing date. However...

Excerpt: ... the hearing. The parties should be prepared to point to specific admissible evidence already in the record which is claimed to show the existence or non-existence of a triable issue of material fact. *** (The Court notes that the moving separate statement erroneously includes two separate, nan-duplicative Undisputed Material Fact Nos. 19.) Moving counsel failed to comply with CRC Rule 3.1350(g), requiring a single Wlume of evidence (including al...

Excerpt: ...reviously served on defendant Cam-ans. The Court finds that plaintiff in pro per did not file by this deadline (or thereafter) any of the opposition papers which were previously served on defendant CalTrans but she did file on 3/28/2023 a "Response" to CalTrans' earlier objections to plaintiff's Request for Judicial Notice in opposition to this demurrer. Based on the present record, the Court now rules on CalTrans' demurrer to the 2AC as follows....

Excerpt: ...s not provide the correct address for Dept. 53/54. Factual Background This action arises out of dental services provided to plaintiff by WDS. The Judicial Council Form Complaint filed on 8/3/2022 purports to assert three separate causes of action against WDS: Breach of Contract, General Negligence and Products Liability ( i.e., Breach of [Implied] Warranty). Moving Papers. WDS now demurs to the entire complaint on the ground it "attempts to split...

Excerpt: ...arties are also reminded that pursuant to local Court rules, only limited oral argument is permitted on law and motion matters. *** The notice of demurrer does not provide the correct address for Dept. 53/54. Plaintiff's counsel failed to comply with CRC Rule (3)-(4). The complaint does not comply with CRC Rule 2.112(4) in that plaintiff failed to identify the party or parties against whom each individual cause of achon is directed. Factual Backg...

Excerpt: ...he vehicle contains defects. In the original complaint, he alleged allege causes of action against Defendant for breach of warranties under the Song-Beverly Act and the MagnusonMoss Act and for fraud. Defendant filed a demurrer and motion to strike with respect to the original complaint on May 20, 2020. The demurrer was set to be heard on September 10, 2020. The Court issued rulings sustaining the demurrer with leave to amend and dropping the mot...

Excerpt: ... 2023 and an "optional" reply was due on April 4, 2023. Defendants contend Plaintiff failed to answer certain questions at the Court ordered March 24, 2023, deposition. Defendants specifically assert that Plaintiff's counsel interposed numerous objections, attempted to testify for Plaintiff based on the objections, or instructed Plaintiff not to answer questions based on grounds that were not based on privilege. The March 24, 2023, deposition beg...

Excerpt: ...ntiffs allege they received written warranties and express and implied warrantes from Defendant in connection with the purchase of the Vehicle and that the complaint arises from the warranty obligations. (Comp. '15.) Plaintiffs allege they delivered the Vehicle to an authorized service and repair facility on numerous occasions for defects in the Vehicle, including transmission and electrical defects. (ld. 16, 18.) Plaintiffs allege Defendant fail...

Excerpt: ...cording to Plaintiff, Defendant Cara Heagy has failed to pay the $40,000. Plaintiff now seeks to enforce the agreement pursuant to CCP S 664.6. CCP S 654.6 provides: "If 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 ...

Excerpt: ...d. No opposition or reply were in the Court's file prior to the March 15, 2023. Defendant appeared at the hearing and indicated that it had opposed the motion even though there was no opposition in the Court's file. Plaintiff also indicated that a reply was filed, though again no reply was in the Court's file. The Court vacated the tentative ruling and ordered the parties to file their respective opposition and reply papers. In this lemon law act...

Excerpt: ...he ex parte order indicated that Defendant was to serve Plaintiff with the motion, personally or by email, no later than March 29, 2023. Defendant served the motion by email on March 29, 2023. There is no opposition in the Court's file and no reply. In this personal injury action Plaintiff alleges that she suffered injuries in a two- car accident which occurred on February 19, 2018. Plaintiff indicates that she suffers from PTSD, anxiety, and dep...

Excerpt: ...s default was entered on July 11, 2022. Defendant is represented by defense counsel supplied by his insurer (Geico). Defendant's counsel declares that he cannot locate Defendant and that counsel was not informed of the lawsuit until January 9, 2023, the same day the motion was filed. Defendant, or perhaps more accurately, Geico given that Defendant cannot yet be located, seeks to set aside the default pursuant to CCP S 473 and 473.5. First, to th...

Excerpt: ...er successorin- interest Barbara Collignon, alleges causes of action for Elder Abuse and for Violation of the Patents' Bill of Rights. The other plaintiffs allege a cause of action for Wrongful Death in connection with Ms. Hinkle's stay at Defendant's skilled nursing facility. Plaintiffs allege Ms. Hinkle was a significant fall risk when she was admitted to the facility and that despite knowledge of that risk Defendants failed to properly staff t...

Excerpt: ...ntact opposing parties prior to hearing, moving counsel is ordered to appear at the hearing by Zoom or by telephone. The motion of Defendant Media Ocean, Inc. dba Lending Express ("Defendant') to quash service of summons and for dismissal of the action is denied. On March 30, 2023, after the deadline for a reply had passed, Defendant filed late objections to the declaration of Mario Moore. The objections are overruled as untimely. The objections ...

Excerpt: ...decisions and the Ninth Circuit's decision in Ngo v. BMW of North America, LLC (9th Cir. 2022) 23 F.4th 942 ("Ngo"), offered as persuasive authority, is granted. 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 opposing counsel and/or self-represented litigants and advise them of ü)cal Rule 1.06 and the Court's tentative ruling procedure and...

Excerpt: ...o, CA 95835 (the "Property") is ruled on as follows. Plaintiffs obtained a primary mortgage on the Property that is secured by a Deed of Trust ("DOT") recorded on December 3, 2004. (Complaint, 16.) The Complaint alleges that Defendants Specialized Loan Servicing, LLC ("SLS") and Deutsche Bank National Trust Company ("DBNTC") (collectively "First Loan Defendants") violated the California Homeowner's Bill of Rights by commencing nan-judicial forecl...

Excerpt: ...ing parties prior to hearing, moving counsel is ordered to appear at the hearing by Zoom or by telephone. The motion of Defendant Ford Motor Company ("Ford") to strike or tax costs claimed by Plaintiff Jose Guzman ("Plaintiff") is ruled on as follows. This acton was ultimately settled following Plaintiff's acceptance of an offer to compromise made pursuant to Code of Civil Procedure S 998. (Clayton Decl., '1 3.) On December 14, 2022, Plaintiff fi...

Excerpt: ...PCCP/Vrame, which in turn owns 100% of Gill Ranch, LLC ("Gill Ranch"). Gill Ranch owns real pro#rty located in Sacramento County, California. In 2017, Gill Ranch sold certain portions of real property burdened by various conservation easements to the Gansbergs. As part of the transaction, Gill Ranch reserved the right to encumber the Gansbergs' property with conservation easements. Plaintiffs contend that Vrame breached his fiduciary duty to them...

Excerpt: ...rrow any of requests or address the "compound" argument. The Court finds that defendant adequately met and conferred. Plaintiff's Objection to evidence offered in the Reply is overruled. The Reply papers do not raise new issues but are rather responsive to issues raised in the opposition. This is an action for partition in which plaintiff, who was in a romantc relationship with defendant for many years, alleges that he contributed to the down pay...

Excerpt: ...l issues in this motion provided nearly a week to respond, and Plaintiff provded multiple extensions to Defendant to respond, such that Defendant took fourteen (14) days to respond to the letter. Defendant declined the offer to meet and confer by telephone. (See Reply Decl. of Eliezer Cohen) Plaintiffs are two first grade students who allege that another first grade student engaged in inappropriate sexual contact with them while they attended Kin...

Excerpt: ... December 21, 2020 following a surgery to treat an ulcer. Complications arising from her surgery included delirium and hypglycemia for which she relied on defendants to provide her with the basic custodial care to address these conditions, including providing her with the insulin she previously administered to herself. Plaintiffs allege that staff was overworked, under-trained, and undersupervised, Ms. Smith was given 90 units of insulin - which ...

Excerpt: ... Ford filed the demurrer. Boyd contends both the filing and service of the demurrer were"" ineffective and therefore the demurrer should be overruled in its entirety. However, the declaration of Ford's counsel reflects multiple attempts to meet and confer prior to filing of the moton but that defendant did not respond to Ford's correspondence. (See Decl Dean, dated October 19, 2022.) Therefore, the Court finds that the meet and confer was adequat...

Excerpt: ... Plaintiff after the Court's approval of the parties' stipulation. (ROA 255.) According to the Register of Actions, the 5AC appears only as Exhibit A to the parties' stipulation. (ROA 255.) For the future, the Court directs the parties that in any instance where a stipulated order is sought for the filing of a pleading, upon Court approval of such stipulation, the pleading at issue must be separately filed thereafter. Nonetheless, here, it clearl...

Excerpt: ...ant moves for summary judgment on the basis that it "did not own, possess or control the location where the subject incident occurred, and therefore did not owe any duty to Plaintiff with regard to that location." It also seeks summary judgment on the basis that Plaintiff "has no evidence to establish that the location of her accident was in an unreasonably dangerous condition, despite her fall" and that it "had no notce of any dangerous conditio...

Excerpt: ...nted. However, the Court only takes judicial notice of the existence of the records. Facts found by another court in its orders, findings of fact, or conclusions of law that were in dispute in that action should not be judicially noticed for the truth. ( Sosinsky v. Grant (1992) 6 Cal.App.4th 1548, 15T see also, Kilroy v. State of California (2004) 119 Cal.App.4th 140 (Third District Court of Appeal following the same).) In this action, Plaintiff...

Excerpt: ...cant lot and a warehouse. Plaintiffs alleged they held fundraising events at the property. Plaintiffs allege Defendant ultimately demanded Plaintiffs remove their belongings and never served them with any notice of eviction. They allege Defendant changed the locks, refused them entry and discarded belongings, all without any notice of evicton. Plaintiffs now seek to file a supplemental complaint apparently on the basis that Defendant's recent leg...

Excerpt: ...dge Mennemeier recused himself pursuant to CCP S 170.1(a)(3)(A). The tentative ruling was vacated and the matter continued to today's calendar. The Court has reviewed the original tentative ruling and the Court adopts that ruling as its own. This action arises from a vehicle collision that occurred on May 21, 2021. Plaintiffs allege that their vehicle was rear-ended by a truck driven by Defendant Sharif Davalatberki ("Davalatberki"). Plaintiffs a...

Excerpt: ...rchase of a vehicle from Dealer pursuant to a Retail Installment Sales Contract ("RISC"). After purchasing the vehicle, the RISC was assigned to Bank of Stockton. Plaintiffs now seek to compel Defendants to arbitrate the dispute pursuant to an arbitration provision in the RSIC. The subject provision requires arbitration of "[alny claim or dispute, whether in contract, tort, or statute or otherwise (including the interpretation and scope of this A...

Excerpt: ...rety Company ("Western") (collectively "Defendants") on November 17, 2022. On December 12, 2022 Plaintiff filed the instant motion to compel all Westlake and Maadarani to arbitrate the claims asserted in this action. (ROA 5.) The requirements for service of a petition to compel arbitration are set forth in Cade of Civil Procedure S A motion to compel arbitration must generally be served in the manner prov-ded for in the arbitration agreement. (Co...

Excerpt: ...3.1113(d). As Elk Grove correctly argues in reply, the page limit does not include the caption page, table of contents, or table of authorities. (ld.) Excluding these pages, Elk Grove's opening memorandum complies with the page limit. The Court also rejects Plaintiff's argument that the motion should be denied because it was scheduled for more than 30 days after service of the motion as required by Code of Civil Procedure S 425.16(f). The statuto...

Excerpt: ...oy Anderson within 48 hours. The litigation coordinator is directed to have Plaintiff Troy Anderson available at oral argument on March 22, 2023 at 1:30 pm. Appearance will be by ZOOM. Department 53 zoom is: 1614650 6749. To appear on Zoom by phone, call (833) 568-8864 and enter 161 4650 6749#. Appearance is required. Defendant Governor Newsom's motion to dismiss is granted. Plaintiff filed his complaint on December 27, 2016 naming Defendant and ...

Excerpt: ...cility. Plaintiff propounded the subject discovery to Twin Rivers on September 21, 2022. (Underwind Decl., '1 5.) Twin Rivers to the requests entirely with objections. (underwood Decl., 7, Exh. 3.) Following minimal meet and confer efforts, Plaintiff brought the instant motion for an order finding Twin Rivers' objections lack merit and compelling Twin Rivers to provide further responses. Twin Rivers opposes the motion. A party may move to compel ...

Excerpt: ...filed in July 2018 named Sandra Herbert as an heir defendant by virtue of being the decedent's daughter. Ms. Herbert was personally served with the Summons and First Amended Complaint in September 2018 but she has to date neither filed nor served a written response to the complaint. In February 2022, plaintiffs filed a motion for an order to show cause why Ms. Herbert should not be dismissed from this action. Although the 2022 motion was unoppose...

Excerpt: ...f trial. (Code Civ. Proc. S 437c(3).) Trial is currently scheduled for March 20, 2023. As the hearing on this moton is scheduled for only five days before trial, the Court may properly consider it only if the hearing date was properly scheduled closer to trial based on a finding of good cause. Based on the trial date of March 20, 2023, the last day to hear a motion for summary judgment would ordinarily be Friday, February 17, 2023. The City filed...

Excerpt: ...Cal.App.3d 1259, 1271.) A demurrer "tests the pleadings alone and not the evidence or other extrinsic matters." (SKF Farms v. Superior Court (1984) 153 Cal.App.3d 902, 905.) "If the complaint states a cause of achon under any theory, regardless of the title under which the factual basis for relief is stated, that aspect of the complaint is against demurrer." (Quelimane Co. v. Stewart Title Guaranty co. (1998) 19 cal.4th 26, 38-39; Bagatti v. Dept...

Excerpt: ... to file certain portions of the moving papers unsealed. The Court cannot properly consider the portions of the papers for which the order to seal was denied until Defendant has had an opportunity to determine whether those portions of the papers should be filed unsealed or returned to Defendant and not filed. (Cal. Rules of Court, rule 2.551(b)(6).) Further, Defendant's decision as to whether to file portions of the moving papers unsealed or whe...

Excerpt: ... on March 22, 2023 at 1:30 pm. Appearance will be by ZOOM. Department 53 Zoom ID is: 1614550 6749. To appear on Zoom by phone, call (833) 568-8854 and enter 161 4650 6749#. Appearance is required. Defendant Governor Newsom's motion to dismiss is granted. Plaintiff filed his complaint on December 27, 2016 naming Defendant and over 50 other defendants. Defendant moves to dismiss this action pursuant to CCP SS 583.310 and 583.360 for failure to brin...

Excerpt: ... owner of the vehicle operated by Defendant Driver. (Complaint, 13 and 23-27.) Defendant rented the vehicle to Defendant Cynthia Ann Cowles, who in turn gave possession of the vehicle to Defendant Driver. (Ibid.) Plaintiffs allege Defendant knew or should have known that Defendant Driver would be given possession of the vehicle, that Defendant Driver was addicted to drugs and alcohol and that Defendant Driver was likely to drive the vehicle under...

Excerpt: ...oving 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, 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 by Zoom or by telephone. Factual Background Plaintiff Murphy filed this achon on 6/16/2022, after sufferi...

Excerpt: ...prior to hearing, moving counsel is ordered to appear at the hearing by Zoom or by telephone. Defendants Laurie and Paul Rogers, et al.'s (collectively "Rogers") motion for summary judgment or in the alternative, summary adjudication of the six (6) causes of action alleged against them in plaintiff Twinley Ventures, LLC's complaint is ruled upon as follows. *** If oral argument is requested, the parties are directed to notify the clerk and opposi...

Excerpt: ...me scheduled to occur just a three days later. Plaintiff's complaint purports to assert against a law firm now known as Carr McClellan P.C. ("CM") and Fidelity National Title Company ("FNT") causes of action for declaratory relief relative to a 2012 secured promissory note for $6W,OW and a 2020 amendment, for cancellation of deeds of trust and for "Injunctive Relieve [sic]." Moving Papers. Plaintiff's primary argument is that "the foreclosure pro...

Excerpt: ...s of action for imposition of a constructive trust, quiet title, unjust enrichment, declaratory relief, "fraud" and conversion. Plaintiff and defendant Garibay are married but are currently in the process of a marital dissolution in the Sacramento Superior Court's Family Law Division. The essence of this action is that in violation of a Family Law Judge's order deeming the subject residence to be a community property asset and prohibiting its sal...

Excerpt: ... Baker, et al. are members of Suisun 355. In their first amended complaint ("FAC"), Plaintiffs allege causes of action for (1) inspection of company's records; (2) accounting; (3) breach of fiduciary duty; (4) unjust enrichment; and (5) aiding and abetting breach of fiduciary duty. Plaintiffs allege that Defendant breached a breach of fiduciary duty and loyalty to Suisun 355 by failing to provide members access to books and records, failed to rep...

Excerpt: ...ed her brief 1.5 page opposition. In this action, Plaintiff alleges that she was rear-ended by a vehicle driven by Defendant. At issue on the instant motion are Defendant's responses to Plaintiff's special interrogatories nos. 2-6, and 8- 11. These straightforward contention interrogatories ask whether Defendant's driving was a substantial factor in causing Plaintiff's injuries, whether Defendant was responsible for the crash, whether Defendant w...

Excerpt: ...unsel is ordered to notify Plaintiff's counsel immediately of the tentative ruling system and to be available at the hearing, via Zoom or by telephone, in the event Plaintiff's counsel ap#ars without following the procedures set forth in Local Rule 1.06(8). Harbor Distributing, LLC's ("Harim Objections to Declaration of Kevin McGee: Objection No. 1 to '1 3, on grounds of secondary evidence rule; misstates evidence and improper legal opinion: OVER...

Excerpt: ... was employed as a detox counselor by Defendant for approximately one year. Plaintiff alleges that on August 8, 2017 she was helping with the admission of a drug and alcohol abuse client and checked the client's purse in accordance with Defendant's standard operating procedure to ensure no drugs or alcohol were brought on the premises. Plaintiff alleges she cut her finger on a soiled razor belonging to a high risk client and reported the incident...

Excerpt: ...three state prisons. Plaintiff alleges that it subcontracted with Vistam to provide electrical services at several of the CDCR's facilities and that Vistam failed to pay as agreed. Plaintiff alleges breach of contract (written and oral) causes of action against Vistam in addition to various common counts, stop notice causes of action and a cause of action for failure to provide a bond. Vistam moves for summary adjudication as to Plaintiff's first...

Excerpt: ...er 7, 2022 order on the basis that new and different facts in the form of a November 11, 2022 real estate appraisal showed a decrease in the subject property's value and also that "Mr. Cooper" which is the brand name for Natonstar Mortgage, LLC, has priority over Plaintiffs' judgment lien. "When an application for an order has been made to a judge, or to a court, and refused in whole or in part, or granted, or granted conditionally, or on terms, ...

Excerpt: ...oted in the October 19, 2022, ruling, "the dismissal filed by plaintiff was effective upon filing, and the trial court lacked jurisdiction to rule on defendants' ant-SLAPP motion (Code Civ. Proc., S 425.16). The Court also noted that despite the dismissal, it retained jurisdiction to entertain the merits of the anti- SLAPP motion in connection with determining whether Defendants are the preva-ling party and thus entitled to attorneys' fees pursua...