Excerpt: ...�) on or about 11/22/2014. Plaintiff's complaint purports to assert three causes of action for violation of the Song‐Beverly Consumer Warranty Act (the “Song‐Beverly Act” and two more for fraud (i.e., concealment and misrepresentation). The Complaint alleges express warranties accompanied the sale of the Subject Vehicle which contained or developed “serious defects and nonconformities to warranty” including but not limited to the engi...

Excerpt: ...ties' respective requests for judicial notice are denied as they were not relevant to the Court's ruling and/or seek judicial notice of matters that are not appropriate for judicial notice. (Soskinsky v. Grant (1992) 6 Cal.App.4th 1548; Kilroy v. State of California (2004) 119 Cal.App.4th 140.) Procedural History This Petition follows two pending Sacramento Superior Court cases: Wong Kuong Hur Wen Sun Association v. Cho Hsi Wong, et al. (Case No....

Excerpt: ...In her initial answer to the crosscomplaint filed in September 2021, Plaintiff asserted an affirmative defense that she lacked legal capacity to make decisions. In her amended answer filed in March 2022, Plaintiff withdrew that affirmative defense. (ROA 82) The amended answer does allege Ralston committed domestic violence against her. On May 10, 2022, Ralston issued two subpoenas to Plaintiff's medical providers seeking all Plaintiff's medical r...

Excerpt: ...”) based on 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. DFPI demurred to the Labor Code § 1102.5 cause of action and the demurrer was sustained without leave to amend in September 2019. Plaintiff seeks leave to amend his first amended complaint to add facts that occurred since the fir...

Excerpt: ... argument on August 17, 2022 at 1:30 pm. Appearance will be by ZOOM. Department 53 Zoom ID is: 161 4650 6749. To appear on Zoom by phone, call (833) 568‐8864 and enter 161 4650 6749#. Appearance is required. Plaintiff John Doe's unopposed motion to compel testimony of Defendant Andre Ragland at continued deposition is granted provided Plaintiff files proof of service showing service on Defendant. In the event proof of service is not filed, the ...

Excerpt: ... that the parties entered into a Consulting Agreement in October 2018 pursuant to which Defendant would pay Plaintiff $10,000 per month until such time as third party GrowLife, Inc. completed its purchase of Defendant. Plaintiff alleges Defendant improperly terminated the Consulting Agreement on December 27, 2021. (Comp. ¶¶ 10, 11) Plaintiff alleges Defendant improperly claimed that payment terms would continue in perpetuity which was not conte...

Excerpt: ... against Main Street except the breach of contract cause of action. Plaintiff alleged he entered into two promissory notes with Main Street and that Main Street breached its obligation to repay the amounts lent to it and now owes a total of $436,450. The Court granted Plaintiff's motion for summary judgment and entered a formal order and judgment on June 3, 2022. (ROA 42, 43) Judgment was entered against Maint Street in the amount of $436,450. Pl...

Excerpt: ...required by Local Rule 1.06(D) because it states that the tentative rulings post at 3 p.m instead of 2 p.m. Counsel is ordered to accurately notify the client and opposing counsel immediately of the accurate address for this Department, 813 6th Street, and of the Court's tentative ruling system, and to be available at the hearing in the event the client or opposing counsel appears without following the procedures set forth in Local Rule 1.06(B). ...

Excerpt: ... Dignity Health dba Mercy General Hospital and Amer Khalil, M.D., involving allegations of negligence related to the care of Plaintiff at Mercy General Hospital in November of 2017. This is the second iteration of Plaintiff's Motion for Leave to Amend; the previous motion was denied without prejudice on grounds that moving counsel's declaration omitted certain information. The instant motion is accompanied by a new declaration. Plaintiff filed hi...

Excerpt: ...g this case to trial or conditionally settle it within two years or, alternatively, three years, is ruled on as follows. Plaintiffs oppose the motion. Defendants filed a Reply. This personal injury action arises out of a motor vehicle accident. Plaintiffs filed their Complaint as a limited civil case on March 19, 2019. Settlement negotiations occurred between Plaintiffs' counsel and the insurance adjuster, but ultimately no settlement was reached...

Excerpt: ...orm, the motion is a challenge to the allegations in the pleading. The motion is not a true “motion to dismiss” for failure to satisfy the three‐year 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. A demurrer “tests the pleadings alone and not the evidence or other extrinsic matters.” (SKF Farms v. Superior Court ...

Excerpt: ...that will be addressed at the hearing. Counsel are also reminded that pursuant to local rules, only limited oral argument is permitted on law and motion matters. *** The notice of demurrer 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 Dept. 53/54. Moving counsel is directed to contact opposing counsel and advise him/her of Local Rule 1.06 and the Court'...

Excerpt: ...osts the same ruling for each item on calendar. Background On August 10, 2018, Plaintiff Jason Hopkins, in case number 34‐2018‐00238633, filed a negligence action against Rideout Defendants alleging that he suffered injuries as a result of their negligence. On August 16, 2018, Plaintiff Jason Hopkins filed an amended complaint to correct a clerical error with respect to his name. On October 21, 2018, Plaintiff Jason Hopkins passed away. (Hopk...

Excerpt: ...de verified responses, without objections, to Defendant's form and special interrogatories and requests for production (sets one) no later than January 27, 2022. No sanctions were requested and none were awarded. On April 27, 2022, the Court granted Defendant's second motion to compel the same discovery responses and Plaintiff was ordered to serve responses without objections no later than May 4, 2022. Again, no sanctions were requested and none ...

Excerpt: ...council form complaint alleging causes of action for motor vehicle and general negligence arising from a motor vehicle accident on January 15, 2021. Plaintiff alleges that Defendant ran a red light while under the influence of alcohol in violation of Vehicle Code § 23152(a) and that the police report determined Defendant was the cause of the accident. Defendant specifically moves to strike ¶ 14a(2) of the form complaint (the box for punitive da...

Excerpt: ...ichard Rogers, Chris Stevens (“Stevens”), Amy Tong, Zack Wheat, Lesleigh McCaskill, Taylor Sharp (“Sharp”) and Yolanda Rodriguez (collectively “Moving Defendants”) to strike the twelfth cause of action for defamation in Plaintiff Samuel Bernard Johnson III's (“Plaintiff”) First Amended Complaint (“FAC”) pursuant to Code of Civ. Proc. § 425.16 is DENIED. Plaintiff's request for judicial notice is unopposed and granted. As a pr...

Excerpt: ...19‐PM3. Plaintiff alleges that he took title to the subject property with Defendant Madison as joint tenants and that she has since stopped paying the mortgage. Plaintiff seeks to amend the complaint to remove the allegation that the parties are joint tenants, add more factual detail regarding the parties' contributions to the subject property, verify the complaint and more. “Trial courts are vested with the discretion to allow amendments in ...

Excerpt: ...suffers from emotional pain and suffering, including concussion symptoms, forgetfulness, PTSD, and headaches. Plaintiff alleged she was diagnosed with a traumatic brain injury and that she will require care as she cannot be left alone as a result of significant memory and concentration problems. Defendant served a notice of independent mental examination (“IME”) on November 4, 2021. The IME called for a series of non‐invasive psychological ...

Excerpt: ...ought by Defendant in the Low Prasad v. Broadbase, Sacramento Superior Court Case No. 34‐2020‐00273739 (Prasad) which was continued from July 19, 2022, to today's date, was opposed (albeit very briefly). Low Prasad is also a plaintiff in the instant action. The plaintiffs in both cases are represented by the same counsel. Plaintiffs filed essentially the same 3 plus page opposition in this case, albeit, on July 20, 2022, only 5 Court days pri...

Excerpt: .... The Litigation Coordinator shall not only provide a copy of the tentative ruling to plaintiff in pro per but also have plaintiff in pro per available for oral argument at the above‐stated time. Appearance will be by ZOOM and Department 53's Zoom ID is 841 204 6267. To appear on Zoom by telephone, call (888) 475‐4499 or (877) 853‐5257 (toll‐free) and enter the Zoom ID referenced above. The demurrer of defendants California State Prison�...

Excerpt: ...iff. (Langenfeld Decl., ¶¶ 2‐3 and Exhs. A‐B.) On February 17, 2022, Defendant granted an extension to respond to the discovery to March 22, 2022. (Langenfeld Decl., ¶ 4 and Exh. C.) Plaintiff failed to provide any responses by the deadline. (Langenfeld Decl., ¶¶ 5‐6.) Defendant now brings this motion, along with 19 other concurrently pending discovery motions as to various plaintiffs, for an order compelling responses. Plaintiff filed...

Excerpt: ...egligence. The request for summary adjudication of the second cause of action for premises liability is GRANTED. Defendant/Cross‐ Complainants Sheraton Grand Hotel's, Marriot International, Inc.'s and Starwood Hotels & Resorts Worldwide, LLC's (“Hotel Defendants”) joinder to the motion is not properly before the Court at this time. The notice and supporting papers for a motion for summary judgment must be filed 75 days before the hearing. (...

Excerpt: ...lifornia Rules of Court, rule 3.1113(h) ‐ their briefing does not provide any pagination. The Court notes Plaintiff Helexo PTE, a Singapore company (“Plaintiff”) filed its Opposition one court day late. (See Code Civ. Proc., § 1005.) As the Defendants provided a substantive Reply, the Court exercises its discretion to consider the late filed brief. Parties are reminded that compliance with California Rules of Court and the Code of Civil Pr...

Excerpt: ... 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 consolidated action arises out the two plaintiffs' prior employment, which is alleged to have been wrongfully terminated in retaliation for their whistleblowing. Their respective complaint asserts claims for inter alia, breach of contract, violation of the Fair Em...

Excerpt: ...e 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. The Opposition fails to comply with CRC Rule 3.1113(f), requiring a Table of Contents and Table of Authorities for any ...