Excerpt: ...he Sacramento Superior Court website at https://www.saccourt.ca.gov/courtreporters/docs/crtrp‐6a.pdf. Parties may contact Court‐Approved Official Reporters Pro Tempore by utilizing the list of Court Approved Official Reporters Pro Tempore available at https://www.saccourt.ca.gov/court‐reporters/docs/crtrp ‐13.Pdf A Stipulation and Appointment of Official Reporter Pro Tempore (CV/E‐206) is required to be signed by each party, the private...

Excerpt: ...te at https://www.saccourt.ca.gov/court‐ reporters/docs/crtrp‐6a.pdf. Parties may contact Court‐Approved Official Reporters Pro Tempore by utilizing the list of Court Approved Official Reporters Pro Tempore available at https://www.saccourt.ca.gov/court‐reporters/docs/crtrp ‐13.Pdf A Stipulation and Appointment of Official Reporter Pro Tempore (CV/E‐206) is required to be signed by each party, the private court reporter, and the Judge...

Excerpt: ...e Sacramento Superior Court website at https://www.saccourt.ca.gov/courtreporters/docs/crtrp‐6a.pdf. Parties may contact Court‐Approved Official Reporters Pro Tempore by utilizing the list of Court Approved Official Reporters Pro Tempore available at https://www.saccourt.ca.gov/court‐reporters/docs/crtrp ‐13.Pdf A Stipulation and Appointment of Official Reporter Pro Tempore (CV/E‐206) is required to be signed by each party, the private ...

Excerpt: ...or Court website at https://www.saccourt.ca.gov/courtreporters/docs/crtrp‐6a.pdf. Parties may contact Court‐Approved Official Reporters Pro Tempore by utilizing the list of Court Approved Official Reporters Pro Tempore available at https://www.saccourt.ca.gov/court‐reporters/docs/crtrp ‐13.Pdf A Stipulation and Appointment of Official Reporter Pro Tempore (CV/E‐206) is required to be signed by each party, the private court reporter, and...

Excerpt: ...avor of LMA and judgment was entered on November 24, 2014. (ROA 170‐171.) The Court also granted several motion by LMA for attorney's fees. On October 9, 2018, Esch filed a notice of appeal of an order granting attorney's fees incurred on appeal. (ROA 608.) The Appellate Court affirmed the award of attorney's fees, awarded LMA its costs on appeal, and a remittitur was issued. (ROA 619.) On June 29, 2021, LMA brought a further motion for an awar...

Excerpt: ...ailed to serve the opposition by a means “reasonably calculated to ensure delivery to the other party or parties not later than the close of the next business day after the time the opposing papers or reply papers, as applicable, are filed.” (Code Civ. Proc. § 1005(c).) The Court agrees Plaintiff's service of the opposing papers via regular mail failed to comply with this requirement. However, Attorney Defendants claim they were prejudiced i...

Excerpt: ...urate, non‐evasive response that was properly authenticated with a code‐compliant verification. (Adams Decl., ¶ 5) Plaintiff now moves for an order deeming the truth of the matters specified in the RFAs to be admitted. The record indicates Defendants moved for a protective order on July 22, 2022. (ROA 134; Code Civ. Proc. § 2033.080) The motion was subsequently continued for a concurrent hearing with the instant motion. In its tentative rul...

Excerpt: ...plaintiff in pro per's written discovery requests is ruled upon 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 that pursuant to local rules, only limited oral argument is permitted on law and motion matters. *** The notice of motion does not provide ...

Excerpt: ... Harms (“Harms”), a nurse employed by Dignity Health, while Plaintiff was a patient in Dignity Health's intensive care unit (“ICU”). Defendant seeks judgment on the pleadings as to the entire complaint on grounds it fails to state facts sufficient to constitute a cause of action. Defendant also seeks judgment as to the second through sixth causes of action on grounds the claims are barred by the applicable statute of limitations. Finally,...

Excerpt: ...itled the Second Amended and Restated Loan Agreement (“SARLA”), which required La Posta to pay back money it had borrowed from YAN to finance the construction of a casino. YAN's sole recourse for a failure to pay the debt would be to seize the casino revenues and casino‐related assets, unless YAN obtained a final determination that La Posta had committed fraud in connection with the agreement. After La Posta failed to make payments, YAN com...

Excerpt: ... that caused her to leave work on May 20, 2019. (Compl., ¶ 6.) Plaintiff further alleges that her physician recommended she take a leave of absence until July 22, 2019, and thus she was terminated during her medical leave of absence. (Compl., ¶ 6.) Plaintiff filed her complaint in this action on June 14, 2021 and alleged a total of seven causes of action. The first five causes of action are based on the Fair Employment and House Act (“FEHA”...

Excerpt: ...Plaintiff asserts that Defendant Metkeo Keomany applied for and received a loan from Plaintiff and ultimately defaulted on said loan after making some payments. (UMF Nos. 1‐6, 10.) In its complaint, Plaintiff asserts a single cause of action for common counts based on an open book account for money due and an account stated in writing between Plaintiff and Defendant. According to Plaintiff's computerized records of the loan, which are maintaine...

Excerpt: ...rt'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. Defendant has indicated the incorrect address in its notice of motion. The correct address for Department 53 of the Sacramento County Superior Court is 813 6th Street, Sacramento, California 95814. Counsel for Defendant shall notif...

Excerpt: ...” or “Decedent”), by and through his Successor in Interest, Dennis Aguilar (collectively, “Plaintiffs”). Defendants' motion is ruled upon as set forth herein. I. BACKGROUND This action was initiated on November 10, 2015 (Register of Actions ("ROA") 1) and was granted preference on March 15, 2016 (ROA 28) while Decedent was still living. Decedent died on May 26, 2017. The case was assigned for trial to this Court (Judge Richard K. Sueyos...

Excerpt: ...breach of contract; (2) promissory fraud; (3) elder abuse; and (4) negligence. Plaintiff's elder abuse claim is based on Welfare and Institutions Code section 15600, et seq. (hereafter, “Elder Abuse Act”), and thus Plaintiff seeks the heightened remedies provided in those statutory provisions. Specifically, Plaintiff seeks recovery for compensatory damages and attorneys' fees and costs as specified in Welfare and Institutions Code section 156...

Excerpt: ...ode §§ 288 (a) and 288(b)(1) in Sacramento Superior Court Case No. 21FE000951 based on allegations he sexually abused and molested Plaintiff. Defendant moves to stay this civil matter pending resolution of the criminal case. He contends that absent the stay, he will be precluded from offering a meaningful defense without waiving his Fifth Amendment rights. Plaintiff opposes the motion on the basis that it is premature because there is no pendin...

Excerpt: ...onversion, undue influence, breach of trust, constructive trust, and unjust enrichment. Plaintiff, is the nephew of decedent Eva Walker, who passed away in January 2019. Plaintiffs allege that following the Decedent's husband's death, Defendant and Elke Muelder “increasingly insinuated” themselves into the Decedent's personal and financial affairs, including but not limited to intimidating her into cutting off contact with other people and ex...

Excerpt: ... complaints is granted. The Court declines Crossroads' request to consider the instant motion unopposed due to Plaintiffs' untimely filings. It is true that the opposition was filed and served one day late on September 1, 2022 and that an amended separate statement and declaration were filed on September 7, 2022. But the amended documents only appeared to include a deposition transcript of a deposition clearly referred to in the opposition. In an...

Excerpt: ...whether a proposed settlement in a class action is fair. (Rebney v. Wells Fargo Bank (1990) 220 Cal. App.3d 1117, 1138.) The law favors settlement, particularly in class actions and other complex cases where substantial resources can be conserved by avoiding the time, cost, and rigors of formal litigation. (See Newberg on Class Actions 4th (4th ed. 2002) § 11.41 (and cases cited therein); Class Plaintiffs v. City of Seattle (9th Cir. 1992) 955 F...

Excerpt: ...ting Janssen Malloy's motion to quash on the basis that Plaintiff's claims against them were barred by tribal sovereign immunity. ( Acres v. Marston (2021) 72 Cal.App.5th 417.) Janssen Malloy also had a pending antiSLAPP motion which the Court declined to reach because it found it was moot as a result of its ruling on the motion to quash. Janssen Malloy now demurs to the complaint and also renews its previously filed anti‐ SLAPP motion. The Cou...

Excerpt: ...ity discrimination against the CDT. In his 186 page FAC containing 709 paragraphs, Plaintiff added 19 additional causes of action and 20 new defendants. The FAC 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 the CDT. Due to the voluminous nature of the FAC, the Court is simply unable to summarize the allegations i...

Excerpt: ...eeyear or five‐year statutes, for example. Instead, the motion is a pleadings challenge that targets various allegations in the pleading and does not rely on extrinsic evidence. Defendant is proceeding in pro per and without counsel in this contract action. The Complaint alleges the following causes of action: (1) Breach of Contract; (2) Breach of Fiduciary Duty; (3) Fraud and Deceit; (4) Breach of Contract (Unjust Enrichment/ Restitution); (5)...

Excerpt: ...at “In about mid ‐ 2017, Plaintiff was diagnosed with breast cancer and went through a bilateral mastectomy with immediate reconstruction surgery. Thereafter, Plaintiff also had to undergo a hysterectomy. Next, Plaintiff was proscribed a course of chemo‐therapy. Plaintiff informed her direct supervisor Erik Smith of her medical/physical disabilities and went out on a medical leave of absence. While on medical leave, Plaintiff left several m...

Excerpt: ... are directed to notify the clerk and opposing counsel at the time of the request which of moving defendants' 12 separate issues for summary adjudication, which of moving defendants' 205 Undisputed Material Facts, which of plaintiff's 45 Additional Material Facts and/or which of defendants' 40 objections to evidence will be addressed at the hearing. The parties should be prepared to point to specific admissible evidence already in the record whic...

Excerpt: ...hase of nut products. The contracts provided that “[a]ny claim relating to this contract, shall be settled by arbitration by the DFA [Dried Fruit Association of California] with its rules and judgment may be entered upon the award.” Petitioner claimed Respondents ordered nut products from it which they did not pay for. Petitioner initiated arbitration with the DPA and arbitration was held on January 20, 2022 before a three‐person panel of t...