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: ...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: ...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...