Excerpt: ...ns. Multiple exhibits are attached to the FAC bringing it to a total of 102 pages. The FAC was styled as a putative class action but the class allegations were dismissed on January 21, 2022. (ROA 77) The FAC alleges seven causes of action for breach of contract, fraud, negligent misrepresentation, cancellation of instrument, violation of the Consumer Legal Remedies Act, violation of the Unfair Competition Law and for declaratory relief. Plaintiff...

Excerpt: ...nc. for violation of the California Franchise Investment Law, violation of the Cartwright Act, unfair business practices, fraud, breach of covenant of good faith and fair dealing accounting, and declaratory relief. (Complaint, ¶¶ 45‐ 96.) On August 12, 2021, Sourdough Inc. filed a CrossComplaint against Sourdough LLC, alleging two causes of action: (1) breach of contract and (2) fraud and deceit. (ROA 13; Cross‐Complaint, ¶¶ 8‐18.) On N...

Excerpt: ...ul eviction, trespass, fraud, and cancellation of instruments against numerous defendants. Plaintiff alleges he is the owner to real property at 2919 Aquino Drive in Sacramento which he inherited from his father. He also alleged that Santana is the current title holder. (TAC ¶ 15.) He alleges that in November 2019, he executed a deed of trust on the subject property in exchange for a $51,000 loan. (Id. ¶¶ 17‐18) The loan included a December ...

Excerpt: ...y Tradition, Inc., (“VFT”) Defendant's insured in Los Angeles Superior Court. In the underlying action Plaintiffs alleged that VFT and others caused physical damage to their residence. Plaintiffs allege that the judgment obtained against VFT on July 9, 2020, became final on January 5, 2021. In the first cause of action Plaintiffs allege that Defendant's policy issued to VFT covers the judgment in the underlying action. In the second cause of ...

Excerpt: ...s. FACTUAL BACKGROUND This case centers on Proposition 21, an initiative that appeared on the California ballot on November 3, 2021. If approved by the voters, Proposition 21 would have permitted local governments to impose rent control on a wider range of properties. (Complaint, ¶ 13.) Plaintiff Yes on 21, Homeowners and Tenants United to Keep Families in Their Homes, Sponsored by AIDS Healthcare Foundation (“Plaintiff”) is a California pol...

Excerpt: ...or the "Gilbert Parties”) Complaint. Aoki Movants' Motion is GRANTED as follows. Defendant Joanna Mendoza joins in the Aoki Movants' Anti‐SLAPP Motion. Plaintiffs filed no specific opposition to the joinder. The request for joinder is granted. Defendant Joanna Mendoza is included in reference to Aoki Movants. Plaintiff's Request for Judicial Notice is granted. Aoki Movants' Request for Judicial Notice and Request for Judicial Notice in Reply ...

Excerpt: ...o Plaintiff here, Lobel Financial Corp., which filed the instant action. Defendant did not respond to the Complaint as required by the Code of Civil Procedure and default was requested and entered on June 26, 2017. Defendant now moves to set aside the default on the grounds that he was unaware of the instant action because he was never appropriately served with the Complaint and only learned of this action when informed in December 2021 that his ...

Excerpt: ...e the tentative ruling to Plaintiff Allen Hammler within 48 hours. The litigation coordinator is directed to have Plaintiff Alan Hammler available at oral argument on February 10, 2022 at 1:30 pm. Appearance will be by ZOOM. Department 53 Zoom ID is: 841 204 6267. To appear on Zoom by phone, call (888) 475‐4499 or (877) 853‐5257 (toll‐ free) and enter 841 204 6267#. Appearance is required. Defendants Ralph Diaz, et al.'s motion for an order...

Excerpt: ...ts. Background The operative complaint in this case is the Third Amended Complaint ("TAC") filed by Plaintiffs Gloria Single (“Ms. Single”) and CLTCOA (collectively, "Plaintiffs"). Ms. Single, now deceased, was a resident of Pioneer House, and alleged that she was unlawfully discharged from the facility in violation of Health and Safety Code section 1430(b). The Court previously granted summary adjudication in favor of Ms. Single on her first...

Excerpt: ... 340.) On the Court's own motion, the hearing was continued to today. In this action, Plaintiffs allege that they are officers and directors of Sacramento A‐1 Doors and were engaged in the process of selling the company's assets. They allege that they relied on Defendants, their insurance brokers, to obtain ongoing Directors & Officers (“D&O”) insurance coverage after the sale of the company's assets. Plaintiffs allege that they believed th...

Excerpt: ...rek (“Plaintiff”) alleges she suffered injuries from two separate falls on two separate occasions: the first, at an apartment complex owned and operated by Defendant Burnet‐Nemrow Sandpiper, LP (“Burnet”), and the second, two days later at a clinic owned and operated by Dignity, where Plaintiff was being assessed after her first fall. (See generally, First Am. Compl.) Plaintiff's pleading contains causes of action for negligence (agains...

Excerpt: ... now filed an Amended Separate Statement, and in response, Plaintiff has filed Amended Opposition documents. Plaintiff's Amended Complaint alleges seven causes of action for Breach of the Warranty of Habitability, Retaliatory Eviction, Negligence, Intentional Infliction of Emotional Distress, Negligent Infliction of Emotional Distress, Libel, and Slander arising from her plaintiff's residential tenancy. Plaintiff signed a written Rental Agreement...

Excerpt: ...further responses to interrogatories must be accompanied by a declaration showing a reasonable and good faith attempt at an informal resolution of each issue presented by the motion. (Code Civ. Proc., § 2030.300(b).) This rule is designed to encourage the parties to work out their differences informally so as to avoid the necessity for a formal order. (Townsend v. Superior Court (1998) 61 Cal.App.4th 1431, 1435.) The level of effort at informal ...

Excerpt: ..., 2021 WL 5911481 (U.S. Dec. 15, 2021) (“Viking River Cruises”). No trial date has been set in this action. Plaintiff Scott McKillop (“Plaintiff”) opposes. Request for Judicial Notice Plaintiff's Request for Judicial Notice, which attaches the “Question Presented” from the United States Supreme Court's docket, is granted. In taking judicial notice of these documents, the Court accepts the fact of their existence, not the truth of thei...

Excerpt: ...espectively. In her motion Defendant cites to both CCP § 473.5(a) and CCP § 473(d). Defendant contends that she was never properly served with the complaint. Defendant declares that she did not reside at the 79 Aiken Way address at which the proof of service states that she was served by way of substitute service. (Hernandez Decl. ¶ 2.) The proof of service states that Defendant was served by way of substitute service on June 5, 2019 through s...

Excerpt: ... property. Plaintiff desired to build the residence for use as an investment property. Plaintiff contends that after construction was finished there were numerous defects in the residence which has prevented the sale of the property. At issue on the instant motion are Defendant's amended responses to Plaintiff's requests for production Nos. 2 and 3. Request No. 2 asked for production of all documents that supported Defendant's responses to Plaint...

Excerpt: ...Plaintiffs allege that Kiranjit Kaur holds a 68% interest in Payal Investments, LLC and Mirage 4 U, LLC ("Mirage") and that Defendant Harpreet Kaur owns the other 32%. Payal owns real property located in Sacramento and Mirage operates at banquet hall at the property and caters to a Sikh clientele for weddings, anniversaries, birthdays and other special events. Plaintiff Raja Singh is Kiranjit Kaur's husband and it is alleged that all contribution...

Excerpt: ... to file a reply. In this employment action Plaintiff alleges numerous FEHA causes of action arising out of her former employment with Defendant as an Instructional Assistant. She alleges causes of action for national origin/race discrimination, gender discrimination, disability discrimination, failure to engage in the interactive process, failure to provide reasonable accommodation, retaliation and failure to prevent discrimination and retaliati...

Excerpt: ...��Presson”) Cross‐Complaint pursuant to CCP § 425.16 is GRANTED AND DENIED IN PARTS as follows. Request for Judicial Notice Cross‐Defendants' request for judicial notice of the register of actions in Sacramento Superior Court Case No. 34‐2020‐ 00278230 is granted pursuant to Evidence Code § 452(d). Objections Cross‐Defendants' objections to Presson's evidence are SUSTAINED as to objection nos. 2, 4, 7, 11 and OVERRULED as to all oth...

Excerpt: ...st for Production of Documents Nos. 1, 3, 9, 17, 34‐75, 83, and 84 is ruled on as follows. Moving counsel's notice of motion does not provide notice of the Court's tentative ruling system, as required by Local Rule 1.06. Moving counsel is directed to contact opposing counsel and advise counsel 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 counse...

Excerpt: ...sComplaint, and Defendant Donna Pohlman's (Cross‐Complainant Pohlman”) CrossComplaint. The motion is UNOPPOSED and GRANTED. Legal Standard In evaluating a motion for summary judgment or summary adjudication the court engages in a three step process. The Court first 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 (1...

Excerpt: ... of the “Court's November 29, 2021 Ruling on the Ex Parte Application for Approval of the Receivership Plan and Increase in Receiver's Certificate” is denied. Defendant seeks reconsideration of the Court's November 29, 2021 Ex Parte order that approved the Court‐appointed Receiver Richardson Griswold's request for approval of the receivership plan and request for increase in Receiver's certificate from the previously approved $50,000 amount...

Excerpt: ...nership effective as of that date. (Khella Decl., ¶ 7 and Ex. A.) Defendant contends that in doing so, Plaintiff withdrew from the partnership and became a disassociated partner. Defendant now has exclusive control over Prit Market's operations and continues to operate the business. Plaintiff and Defendant have filed a complaint and cross‐complaint, respectively, alleging a breach of fiduciary duty, breach of partnership agreement and accounti...

Excerpt: ... 17, 2022 at 1:30 pm. Appearance will be by ZOOM. Department 53 Zoom ID is: 841 204 6267. To appear on Zoom by phone, call (888) 475‐4499 or (877) 853‐5257 (toll‐free) and enter the Zoom ID referenced above. Appearance is required. On December 20, 2021, plaintiff filed a "Request for Extension of Time" seeking to continue the oral argument from this date to February 6, 2022 due to a continued Covid outbreak in his unit and his inability to ...

Excerpt: ...as a Battalion Chief at its Santa Clara Unit (“SCU”). (FAC, ¶¶ 7‐8.) Plaintiff's position held responsibility for state and local government contracts. (FAC, ¶ 10.) Plaintiff contends he was told to obtain bids solely from Ron Paris Construction. (FAC, ¶ 14.) Plaintiff contends that he disclosed a personal conflict with that company and was told it did not create a conflict of interest because of a preexisting relationship between Ron P...