Excerpt: ...Raymond Case Child Development Center ("Raymond Case"), and that the abuse was witnessed by a teacher, but not reported. The operative second amended complaint ("SAC") was filed on April 16, 2021, and contains a cause of achon against CDSS for negligence. CDSS moves for summary judgment on the grounds that Plaintiff cannot establish that a duty of care was breached by CDSS or any other essential element of his negligence cause of action. Raymond ...

Excerpt: ... April 20, 2023, at 1:30 pm. Appearance will be by ZOOM. Department 53's Zoom ID is: 1614650 6749. To appear on Zoom by phone, call (833) 568-8854 and enter 1614650 6749#. Appearance is required. Plaintiff Scott R. Price's ("Plaintiff") motion for appointment of counsel is DENIED as follows. The Court notes that it did not consider Plaintiff's February 23, 2023 filing titled "Motion for Appointment of Counsel," signed under penalty of perjury bec...

Excerpt: ... the hearing. The parties should be prepared to point to specific admissible evidence already in the record which is claimed to show the existence or non-existence of a triable issue of material fact. *** (The Court notes that the moving separate statement erroneously includes two separate, nan-duplicative Undisputed Material Fact Nos. 19.) Moving counsel failed to comply with CRC Rule 3.1350(g), requiring a single Wlume of evidence (including al...

Excerpt: ...arties are also reminded that pursuant to local Court rules, only limited oral argument is permitted on law and motion matters. *** The notice of demurrer does not provide the correct address for Dept. 53/54. Plaintiff's counsel failed to comply with CRC Rule (3)-(4). The complaint does not comply with CRC Rule 2.112(4) in that plaintiff failed to identify the party or parties against whom each individual cause of achon is directed. Factual Backg...

Excerpt: ...reviously served on defendant Cam-ans. The Court finds that plaintiff in pro per did not file by this deadline (or thereafter) any of the opposition papers which were previously served on defendant CalTrans but she did file on 3/28/2023 a "Response" to CalTrans' earlier objections to plaintiff's Request for Judicial Notice in opposition to this demurrer. Based on the present record, the Court now rules on CalTrans' demurrer to the 2AC as follows....

Excerpt: ...s not provide the correct address for Dept. 53/54. Factual Background This action arises out of dental services provided to plaintiff by WDS. The Judicial Council Form Complaint filed on 8/3/2022 purports to assert three separate causes of action against WDS: Breach of Contract, General Negligence and Products Liability ( i.e., Breach of [Implied] Warranty). Moving Papers. WDS now demurs to the entire complaint on the ground it "attempts to split...

Excerpt: ...he vehicle contains defects. In the original complaint, he alleged allege causes of action against Defendant for breach of warranties under the Song-Beverly Act and the MagnusonMoss Act and for fraud. Defendant filed a demurrer and motion to strike with respect to the original complaint on May 20, 2020. The demurrer was set to be heard on September 10, 2020. The Court issued rulings sustaining the demurrer with leave to amend and dropping the mot...

Excerpt: ...cording to Plaintiff, Defendant Cara Heagy has failed to pay the $40,000. Plaintiff now seeks to enforce the agreement pursuant to CCP S 664.6. CCP S 654.6 provides: "If parties to pending litigation stipulate, in a writing signed by the parties outside the presence of the court or orally before the court, for settlement of the case, or part thereof, the court, upon motion, may enter judgment pursuant to the terms of the settlement. If requested ...

Excerpt: ...ntiffs allege they received written warranties and express and implied warrantes from Defendant in connection with the purchase of the Vehicle and that the complaint arises from the warranty obligations. (Comp. '15.) Plaintiffs allege they delivered the Vehicle to an authorized service and repair facility on numerous occasions for defects in the Vehicle, including transmission and electrical defects. (ld. 16, 18.) Plaintiffs allege Defendant fail...

Excerpt: ... 2023 and an "optional" reply was due on April 4, 2023. Defendants contend Plaintiff failed to answer certain questions at the Court ordered March 24, 2023, deposition. Defendants specifically assert that Plaintiff's counsel interposed numerous objections, attempted to testify for Plaintiff based on the objections, or instructed Plaintiff not to answer questions based on grounds that were not based on privilege. The March 24, 2023, deposition beg...

Excerpt: ...d. No opposition or reply were in the Court's file prior to the March 15, 2023. Defendant appeared at the hearing and indicated that it had opposed the motion even though there was no opposition in the Court's file. Plaintiff also indicated that a reply was filed, though again no reply was in the Court's file. The Court vacated the tentative ruling and ordered the parties to file their respective opposition and reply papers. In this lemon law act...

Excerpt: ...he ex parte order indicated that Defendant was to serve Plaintiff with the motion, personally or by email, no later than March 29, 2023. Defendant served the motion by email on March 29, 2023. There is no opposition in the Court's file and no reply. In this personal injury action Plaintiff alleges that she suffered injuries in a two- car accident which occurred on February 19, 2018. Plaintiff indicates that she suffers from PTSD, anxiety, and dep...

Excerpt: ...s default was entered on July 11, 2022. Defendant is represented by defense counsel supplied by his insurer (Geico). Defendant's counsel declares that he cannot locate Defendant and that counsel was not informed of the lawsuit until January 9, 2023, the same day the motion was filed. Defendant, or perhaps more accurately, Geico given that Defendant cannot yet be located, seeks to set aside the default pursuant to CCP S 473 and 473.5. First, to th...

Excerpt: ...er successorin- interest Barbara Collignon, alleges causes of action for Elder Abuse and for Violation of the Patents' Bill of Rights. The other plaintiffs allege a cause of action for Wrongful Death in connection with Ms. Hinkle's stay at Defendant's skilled nursing facility. Plaintiffs allege Ms. Hinkle was a significant fall risk when she was admitted to the facility and that despite knowledge of that risk Defendants failed to properly staff t...

Excerpt: ...ing parties prior to hearing, moving counsel is ordered to appear at the hearing by Zoom or by telephone. The motion of Defendant Ford Motor Company ("Ford") to strike or tax costs claimed by Plaintiff Jose Guzman ("Plaintiff") is ruled on as follows. This acton was ultimately settled following Plaintiff's acceptance of an offer to compromise made pursuant to Code of Civil Procedure S 998. (Clayton Decl., '1 3.) On December 14, 2022, Plaintiff fi...

Excerpt: ...ntact opposing parties prior to hearing, moving counsel is ordered to appear at the hearing by Zoom or by telephone. The motion of Defendant Media Ocean, Inc. dba Lending Express ("Defendant') to quash service of summons and for dismissal of the action is denied. On March 30, 2023, after the deadline for a reply had passed, Defendant filed late objections to the declaration of Mario Moore. The objections are overruled as untimely. The objections ...

Excerpt: ...decisions and the Ninth Circuit's decision in Ngo v. BMW of North America, LLC (9th Cir. 2022) 23 F.4th 942 ("Ngo"), offered as persuasive authority, is granted. The 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/or self-represented litigants and advise them of ü)cal Rule 1.06 and the Court's tentative ruling procedure and...

Excerpt: ...o, CA 95835 (the "Property") is ruled on as follows. Plaintiffs obtained a primary mortgage on the Property that is secured by a Deed of Trust ("DOT") recorded on December 3, 2004. (Complaint, 16.) The Complaint alleges that Defendants Specialized Loan Servicing, LLC ("SLS") and Deutsche Bank National Trust Company ("DBNTC") (collectively "First Loan Defendants") violated the California Homeowner's Bill of Rights by commencing nan-judicial forecl...

Excerpt: ...PCCP/Vrame, which in turn owns 100% of Gill Ranch, LLC ("Gill Ranch"). Gill Ranch owns real pro#rty located in Sacramento County, California. In 2017, Gill Ranch sold certain portions of real property burdened by various conservation easements to the Gansbergs. As part of the transaction, Gill Ranch reserved the right to encumber the Gansbergs' property with conservation easements. Plaintiffs contend that Vrame breached his fiduciary duty to them...

Excerpt: ...rrow any of requests or address the "compound" argument. The Court finds that defendant adequately met and conferred. Plaintiff's Objection to evidence offered in the Reply is overruled. The Reply papers do not raise new issues but are rather responsive to issues raised in the opposition. This is an action for partition in which plaintiff, who was in a romantc relationship with defendant for many years, alleges that he contributed to the down pay...

Excerpt: ...l issues in this motion provided nearly a week to respond, and Plaintiff provded multiple extensions to Defendant to respond, such that Defendant took fourteen (14) days to respond to the letter. Defendant declined the offer to meet and confer by telephone. (See Reply Decl. of Eliezer Cohen) Plaintiffs are two first grade students who allege that another first grade student engaged in inappropriate sexual contact with them while they attended Kin...

Excerpt: ... December 21, 2020 following a surgery to treat an ulcer. Complications arising from her surgery included delirium and hypglycemia for which she relied on defendants to provide her with the basic custodial care to address these conditions, including providing her with the insulin she previously administered to herself. Plaintiffs allege that staff was overworked, under-trained, and undersupervised, Ms. Smith was given 90 units of insulin - which ...

Excerpt: ... Ford filed the demurrer. Boyd contends both the filing and service of the demurrer were"" ineffective and therefore the demurrer should be overruled in its entirety. However, the declaration of Ford's counsel reflects multiple attempts to meet and confer prior to filing of the moton but that defendant did not respond to Ford's correspondence. (See Decl Dean, dated October 19, 2022.) Therefore, the Court finds that the meet and confer was adequat...

Excerpt: ... Plaintiff after the Court's approval of the parties' stipulation. (ROA 255.) According to the Register of Actions, the 5AC appears only as Exhibit A to the parties' stipulation. (ROA 255.) For the future, the Court directs the parties that in any instance where a stipulated order is sought for the filing of a pleading, upon Court approval of such stipulation, the pleading at issue must be separately filed thereafter. Nonetheless, here, it clearl...

Excerpt: ...rchase of a vehicle from Dealer pursuant to a Retail Installment Sales Contract ("RISC"). After purchasing the vehicle, the RISC was assigned to Bank of Stockton. Plaintiffs now seek to compel Defendants to arbitrate the dispute pursuant to an arbitration provision in the RSIC. The subject provision requires arbitration of "[alny claim or dispute, whether in contract, tort, or statute or otherwise (including the interpretation and scope of this A...