Excerpt: ...does not provide notice of the Court's tentative ruling system, as required by Local Rule 1.06, and does not provide the correct address for Department 53/54. 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, along with the correct address for Department 53/54. If moving counsel is unable to contact opposing counsel prior to ...

Excerpt: ...notify the clerk and the opposing party of the specific discovery requests that will be addressed at the hearing. The parties are also reminded that pursuant to local rules, only limited oral argument is permitted on law and motion matters. *** The notice of motion again does not provide notice of the Court's tentative ruling system, as required by Local Rule 1.06, or the correct address for Department 53/54. Moving counsel is directed to contact...

Excerpt: ...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. The notice of motion also does not comply with Code of Civil Procedure §1010 or CRC Rule 3.1110(a). The 2...

Excerpt: ...and violation of Civil Code § 3428. Plaintiff alleges she was insured by a health insurance policy issued by Blue Shield which required Blue Shield to pay for medically necessary health care costs. She alleges her doctors recommended that she undergo a lumbar spinal fusion procedure and that Blue Shield improperly denied the request for prior authorization for payment by concluding the surgery was not medically necessary. Blue Shield moves for s...

Excerpt: ... judicial notice, of for example, the fact that Plaintiff failed to file an administrative charge with the Department of Fair Employment and Housing (“DFEH”), the request is improper. Plaintiff's request for judicial notice is granted. In this employment action Plaintiff, who is African American, alleges FEHA causes of action for racial discrimination, harassment, retaliation and failure to prevent discrimination/harassment/retaliation in con...

Excerpt: ...2, 2020, on the 1000 block of Broadway, Sacramento, Sacramento County, CA, Plaintiff SAMUEL RODRIGUEZ was injured while under the authority, supervision, and control of the Sacramento County Sheriffs Work Project Program when the operator of a vehicle owned by the City of Sacramento, negligently operated that vehicle by driving it so as to cause Plaintiffs head to hit a tree, causing him to fall from the City Vehicle and suffer further injuries a...

Excerpt: ...5) aiding and abetting; (6) "malicious (vindictive) prosecution"; (7) abuse of process; (8) wrongful use of civil proceedings; (9) defamation; (10) false light; (11) intentional infliction of emotional distress; (12) negligent infliction of emotional distress and (13) public disclosure of private facts. Defendant and Plaintiff are parties to a Sacramento Superior Court Family Law matter in Case No. 10FL05692. Plaintiff alleges that on May 14, 202...

Excerpt: ... $1,300 per month and did so by direct transfer from his bank account to defendant's bank account. Beginning in 2019, plaintiff began making these $1,300 payments to the Sacramento Department of Child Services (“DCSS”) and then attempted to cancel the ongoing direct transfers to defendant's bank account. In July 2021, plaintiff discovered that the direct transfers from his bank had not stopped and thus, defendant had been receiving two monthl...

Excerpt: ...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 categories for testimony and/or requests for production that will be addressed at the hearing. The parties are also reminded that pursuant to local rules, only limited oral argument is permitted on law and motion matters. *** The notice of motion does not provide notice of the Court's tentativ...

Excerpt: ...e (the “Agreement”) of the real property known as the Elliot Building (“Subject Property”) by and between Plaintiff, the owner of the property, and Defendant. (UMF Nos. 1‐ 3.) Pursuant to the lease, Defendant took possession of the premises on or about 2002 and began operation a P.F. Chang's China Bistro restaurant serving primarily Chinese cuisine. (UMF Nos. 4, 9‐10.) Following Defendant's exercise of two options, the lease was set t...

Excerpt: ...ffs' counsel's declaration. These exhibits purported to be certain medical records upon which Plaintiffs' expert relied in forming his opinion that Defendant breached the standard of care. However, Plaintiffs' counsel had only declared that the exhibits were true and correct copies. As noted in Defendant's evidentiary objections, “[h]ospital records and similar documents are often admissible as business records, assuming a custodian or records ...

Excerpt: ...his disability, national origin, religion and gender. The initial complaint was filed on February 20, 2019 and asserted causes of action under FEHA and for retaliation in violation of Labor Code § 1102.5. DBO demurred to the Labor Code § 1102.5 cause of action and the demurrer was sustained without leave to amend in September 2019. Plaintiff now seeks to supplement the FAC to add facts which have occurred since the FAC was filed, though the pro...

Excerpt: ... filed a motion for summary judgment against both Plaintiffs and the motion was granted as to Plaintiff Rich. The motion was denied as to Plaintiff Osborn, though Defendant prevailed against Plaintiff Osborn at trial and judgment was entered in its favor on April 13, 2022. (ROA 155) The formal order granting summary judgment in favor of Defendant and against Plaintiff Rich was entered on March 14, 2022. (ROA 109) On March 24, 2022, Defendant file...

Excerpt: ...is action as the successors‐in‐interest to Nykolaus Woodward (the “Decedent”). (See Complaint). The Complaint alleges causes of action for wrongful death and a survival action pursuant to Code of Civ. Proc. § 337.30. (See Complaint.) Defendants operate a drinking establishment named Folsom State Slickers. (Complaint, ¶ 8.) According to the allegations, Defendants allow known drug dealers to enter the premises and allow money to be excha...

Excerpt: ...310 and 2031.320 provide authority for two different motions, the former to compel further code‐compliant responses and the latter to compel the production of documents a party agrees to produce. Here, the notice of motion indicates the motion is brought pursuant to Code of Civ. Proc. § 2031.310. However, the actual relief requested for the RFPs at issue is for the production of documents in compliance with GM's supplemental responses. Further...

Excerpt: ...a three step process. First, the Court identifies the issues framed by the pleadings. The pleadings define the scope of the issues on a motion for summary judgment or summary adjudication. (FPI Dev. Inc. v. Nakashima (1991) 231 Cal.App.3d 367, 381‐382.) Because a motion for summary judgment or summary adjudication is limited to the issues raised by the pleadings (Lewis v. Chevron (2004) 119 Cal. App. 4th 690, 694), all evidence submitted in sup...

Excerpt: ...this action until July 15, 2022, due to Mr. Leal's ongoing recovery and related complications resulting from a stroke. Defendant previously filed a motion to stay on similar grounds on October 20, 2021. (ROA 99.) At the time, Mr. Leal was residing at a rehabilitation center. The Court continued the hearing on that motion to permit Defendants to submit a supplemental declaration from a person at the center. On January 18, 2022, the Court (Judge Sh...

Excerpt: ...o constitute a cause of action. Plaintiff opposes the demurrer. Analysis Demurrer for Uncertainty “A special demurrer for uncertainty is not intended to reach the failure to incorporate sufficient facts in the pleading, but is directed at the uncertainty existing in the allegations actually made.” (People v. Lim (1941) 18 Cal.2d 872, 883 [118 P.2d 472].) “Such a demurrer should not be sustained where the allegations of the complaint are suf...

Excerpt: ...ative ruling to Plaintiff Brian Spears within 48 hours. The litigation coordinator is directed to have Mr. Spears available at oral argument on May 26, 2022 at 1:30 pm. Appearance will be by ZOOM. Department 53's Zoom ID is: 161 4650 6749. To appear on Zoom by phone, call (833) 568‐ 8864 and enter 161 4650 6749#. Appearance is required. Defendant John Anderson's (“Anderson”) motion to dismiss for failure to bring to trial is GRANTED. Anders...

Excerpt: ...nts' objection to paragraph 13 of Christopher Stephenson, M.D.'s (“Dr. Stephenson”) declaration is overruled to the extent that the opinions of other Board Certified psychiatrists are among the types of information an expert may reasonably rely upon in forming their own opinion regarding the appropriate standard of care. (Evid. Code § 801(b).) This action arises from a motor vehicle accident. (See Complaint.) Mrs. Knight and Plaintiff Brian ...

Excerpt: ...le to contact counsel for opposing party prior to hearing, counsel for moving party shall be available at the hearing, in person or by telephone, in the event opposing party appears without following the procedures set forth in Local Rule 1.06(B). Plaintiff Yolanda Harper's (“Plaintiff”) motion to compel further responses from Defendant Snider Motors, Inc. to Form Interrogatories, Set One and request for monetary sanctions is ruled upon as fo...

Excerpt: ...n and Suites in Sacramento, California. On October 25, 2018, Plaintiff and Mr. Bolden checked into the hotel. After checking in to the hotel, Plaintiff and Mr. Bolden decided to go have an early dinner. Upon returning to the hotel, Plaintiff and Mr. Bolden found the hotel's entire parking lot, including all disabled parking spots, was cordoned off and blocked with tape and metal garbage cans. Plaintiff complained to agents of Defendants working a...

Excerpt: .... However, the second demurrer heading states “Demurrer to the Third Cause of Action for Intentional Misrepresentation in Plaintiff's TAC.” However, the intentional misrepresentation cause of action is the fourth cause of action in the TAC. The Court will reach the merits of the demurrer to the fourth cause of action despite the deficient notice because Plaintiff filed a substantive opposition addressing the sufficiency of the fourth cause of...

Excerpt: ...l cannabis cultivation by tenants. Plaintiff alleges City manipulates ordinances to impose strict liability on landlords and used an “unknowing” landlord standard to force settlements all the while ignore provisions of the Health & Safety Code prohibiting the imposition of penalties on unknowing landlords. Plaintiff also contends the City selectively targeted certain ethnic groups, specifically those of Asian descent and conducted sham admini...

Excerpt: ...nst Starwood, Hines and Thyssenkrupp Elevator Corporation (“TEC”). The action arises from an incident when Plaintiff Anita Zanartu alleges she became stuck in an elevator at the property located at 400 Capitol Mall in Sacramento. Plaintiff alleged Starwood owns the subject property and that the Defendants were negligent in creating a dangerous condition. Starwood and Hines filed a cross‐complaint against TEC alleging causes of action includ...

Excerpt: ...ly two court days prior to the hearing. As seen from the moving papers, after a number of extensions, Defendant's responses were due on January 18, 2022. No responses were served until March 23, 2022. The responses were not verified and also contained objections which had been waived due their untimeliness. (CCP § 2030.290(a).) “Unsworn responses are tantamount to no responses at all.” (Appleton v. Superior Court (1988) 206 Cal.App.3d 632, 6...

Excerpt: ...rom Folsom Lake Honda. Plaintiffs allege they received written warranties and express and implied warranties from Defendant in connection with the lease of the Vehicle and that the complaint arises from the warranty obligations. (Comp. ¶ 4.) Plaintiffs alleges they delivered the Vehicle to an authorized service and repair facility on numerous occasions for defects in the Vehicle, including defects related to a “Sensing Defect” which causes w...

Excerpt: ...orrect department for the hearing of this motion, the correct address for Dept. 53/54, Local Rule 1.06 and the Court's tentative ruling procedure and the manner to request a hearing. If moving party is unable to contact opposing counsel prior to hearing, moving party is ordered to appear at the hearing. In this action, Plaintiff alleges that he experienced discrimination while shopping in various stores: Home Depot, 99 Cent Only Stores, and Wal �...

Excerpt: ...ounsel of Local Rule 1.06 and the Court's tentative ruling procedure and the manner to request a hearing. Moving counsel is also ordered to appear at the hearing in the event opposing party appears without following the procedures set forth in Local Rule 1.06 (B). Background Plaintiffs John Davis (“Davis”), The Parsonage, LLC, Data International, Inc., Primo Acquisitions I, LLC, and Maggie Funding, LLC (collectively, “Plaintiffs”) filed t...

Excerpt: ...counsel for opposing party prior to hearing, counsel for moving party shall be available at the hearing, in person or by telephone, in the event opposing party appears without following the procedures set forth in Local Rule 1.06(B). Defendant Otis Elevator Company's ("Defendant") unopposed motion to dismiss the action pursuant to Code of Civil Procedure section 583.310 for failure to bring the action to trial within five years is GRANTED. “[A]...

Excerpt: ...serts causes of action for breach of contract, account stated, and open book account. Plaintiff filed the Complaint on September 19, 2019. After receiving leave to amend, Plaintiff filed the operative First Amended Complaint (“1AC”) on September 1, 2020. (ROA 18.) Defendant filed a general denial to both the Complaint and 1AC. (ROAs 7, 22.) Defendant moves to compel arbitration pursuant to the Cardmember Agreement, which contains a provision ...

Excerpt: ... while Plaintiff was attending his pre‐school program. The operative pleading alleges that Plaintiff was sexually assaulted and molested at his pre ‐school program by Mr. Christian Turks, who was a teacher's aide employed by Defendant. Plaintiff alleges that Defendant CDI controlled and operated this preschool program (Raymond Case Child Development Center) where Plaintiff was molested and Defendant CDI negligently hired, retained and supervi...

Excerpt: ...1:30 pm. Appearance will be by ZOOM. Department 53's Zoom ID is: 161 4650 6749. To appear on Zoom by phone, call (833) 568‐ 8864 and enter 161 4650 6749#. Appearance is required. Defendant John Anderson's (“Anderson”) motion to dismiss for failure to bring to trial is GRANTED. Anderson and Plaintiff's separate requests for judicial notice are unopposed and granted in their entirety. CCP § 583.310 provides in its entirety: “An action shal...

Excerpt: ...tiff Pamela Palmieri (“Palmieri”) alleges that she represented Plaintiff Gilliland 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 owing 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 a...

Excerpt: ...aring, counsel for moving party shall be available at the hearing, in person or by telephone, in the event opposing party appears without following the procedures set forth in Local Rule 1.06(B). Plaintiff Kelly Jones' (“Plaintiff”) motion for attorneys fees is ruled upon as follows. This is a lemon law action that arises out of Plaintiff's purchase of a 2018 Jeep Renegade. After early settlement attempts were unsuccessful, on December 8, 202...

Excerpt: ...7753 Detroit Boulevard, Sacramento, California. According to the motion, after nine months of payments by unknown parties, SMUD discovered that the subject property's service meter was bypassed, the home was being used as a marijuana grow house, and an estimated $3,000 of electricity per month was misappropriated. Defendant initially represented himself and contends his identity was misappropriated. This matter initially went to a bench trial in ...

Excerpt: ...ide notice of the Court's tentative ruling system, as required by Local Rule 1.06. (See Local Rule 1.06(D).) Moving counsel is directed to contact opposing counsel and advise them of Local Rule 1.06 and the Court's tentative ruling procedure and the manner to request a hearing. Moving counsel is also ordered to be available at the hearing in the event opposing counsel appears without following the procedures set forth in Local Rule 1.06(B). Gover...

Excerpt: ...ara Xavier's residency at a skilled nursing facility. Plaintiff/Decedent's daughter, Plaintiff Pauline McFadden, brings claims individually and as Ms. Xavier's successor‐in‐interest. Defendants contend that Ms. Xavier's claims are subject to binding arbitration because Ms. Xavier signed an arbitration agreement on May 29, 2021 and agreed that “any dispute as to medical malpractice, that is as to whether any medical services rendered under t...

Excerpt: ...Law Group PC's untimely opposition filed and served on May 9, 2022, only seven court days before the hearing. The Court denied as unnecessary Plaintiffs' ex parte request to continue this hearing so that their opposition may be considered. Defendants were able to file a complete reply, albeit one day late which is of course excused due to the late opposition. Given that Defendants were able to file a meaningful reply, the Court shall address the ...

Excerpt: ... on today's calendar by way of the Court's April 22, 2022 ex parte order. In his 186 page first amended complaint (“FAC”) containing 709 paragraphs, Plaintiff alleges claims of employment discrimination under the Fair Employment and Housing Act, Government Code, Labor Code and the California Constitution arising out of his employment with defendant. In addition, the FAC alleges a twelfth cause of action for defamation against CDT and 19 forme...

Excerpt: ... pursuant to Government Code § 815.2; and (3) Violation of Government Code § 815.6. The SAC arises from allegations that “cybercrimes” were being committed against Plaintiff and his family. He alleges that he first contacted Defendant in August 2017 to ask for help. (SAC ¶ 50.) Plaintiff alleges that “cyber criminals” were targeting his small business and his two minor children. (Id. ¶ 55.) He alleges that the “cyber criminals” we...

Excerpt: ...able to contact counsel for opposing party prior to hearing, counsel for moving party shall be available at the hearing, in person or by telephone, in the event opposing party appears without following the procedures set forth in Local Rule 1.06(B). The motion of Defendant City of Sacramento (“City”) to compel further responses to the City's Special Interrogatories, Set One (“SROGs”), is GRANTED, in part, and DENIED, in part. The City pro...

Excerpt: ...tional time, beyond any limits imposed by this section, if needed to fairly examine the deponent or if the deponent, another person, or any other circumstance impedes or delays the examination.” This is a medical malpractice action brought by the successors in interest of their brother, Matthew Simpson (“Decedent”). Plaintiffs Beverly Simpson and Jennifer Taylor (collectively “Plaintiffs”) assert claims against multiple defendants, incl...

Excerpt: ...ient's relative that Respondent was prescribing various opioids to the patient for seven to eight years, which combined with the patient's alcoholism, resulted in a marked decline in the patient's health. (Cogan Decl., ¶ 2.) The complaint included information that the patient had been involved in an alcohol‐related motor vehicle collision and several suicide attempts. (Cogan Decl., ¶ 2.) In a telephone interview, the patient admitted to a lif...

Excerpt: ...ve pleading is the TAC, which was filed on November 1, 2021 and asserts causes of action for (1) negligence, (2) concealment, and (3) intentional misrepresentation. The TAC sets forth the following allegations: In August 2012, HBE Corporation (“HBE”) hired Plaintiff as a subcontractor to install a Modified Bitumen built‐up roofing (“BUR”) system at the Frank R. Howard Memorial Hospital (“the Project”). (TAC ¶ 4.) Defendant Scott wa...

Excerpt: ...ws. Plaintiffs' Ex Parte The Court notes that on the same day Plaintiffs filed their opposition brief, Plaintiffs filed an ex parte application to allow an oversized brief in support of Plaintiffs' opposition to the instant petition. (ROA 35‐ 39.) Days later, on May 4, 2022, Plaintiffs filed a Proposed Order granting their ex parte application. (ROA 40.) Plaintiffs failed to comply with CRC Rule 3.1113(e) which requires a party to apply to file...

Excerpt: ... a Welfare & Institutions Code § 5150 psychiatric evaluation. Mercy Folsom Hospital has an arrangement with Defendant BHC Heritage Oaks Hospital, Inc. (“Heritage Oaks”) for PET evaluators to assess patients in the Mercy Folsom Hospital emergency department for 5150 involuntary holds for evaluation and treatment. Mr. Brody presented to Mercy Folsom Hospital to conduct an evaluation of Mr. Cannon. Mr. Brody evaluated Mr. Cannon and spoke with ...

Excerpt: ...hile no class member indicated any intent to appear at the hearing, this does not relieve the parties from appearing at the hearing or otherwise render the instant ruling final in the event oral argument is not requested. The Court will not render a final ruling until it holds the final approval hearing. Any and all appearances for the hearing may be made via Zoom. For class members not otherwise required to appear, to request oral argument on th...

Excerpt: ...inez (the “Decedent”) was a resident at Defendant's adult residential facility Cupino Home (the “Facility”). In the FAC, Plaintiffs allege the Decedent was diagnosed with Autism Spectrum Disorder. (FAC ¶ 30.) Plaintiffs allege she was “essentially non‐verbal with a history of substantial defects in the areas of self‐care, communication, and cognition. Like many with autism, new situations or new persons or caregivers were stressful...

Excerpt: ...um selection clause designating Indiana as the exclusive forum. In the complaint Plaintiffs allege causes of action against Defendants for violation of the Song‐ Beverly Consumer Warranty Act, the Magnusson‐Moss Warranty Act and violation for Business & Professions Code § 17200. Plaintiffs allege they purchased a RV from Demartini RV Sales on August 13, 2021 which was manufactured by Forest River. Plaintiffs allege that Ford manufactured the...