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: ...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: ...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...