Excerpt: ...ng that “all papers opposing a motion and all reply papers shall be served by personal delivery, facsimile transmission, express mail, or other means… reasonably calculated to ensure delivery to the other party or parties not later than the close of the next business day.” (Underline added for emphasis.) The proof of service attached to the opposition papers fails to comply with Code of Civil Procedure §1013a, requiring the “exact title�...

Excerpt: ...al Background This action arises from an incident occurring at California State Prison, Sacramento in February 2019. Plaintiff alleges he was ordered to prepare for transfer to a different facility and when he attempted to explain the transfer was “improper,” the correctional officers assaulted him with “a corrosive burning agent.” The officers then attempted to extract plaintiff from his cell by force, using various implements. Plaintiff...

Excerpt: ...retion, the Court considers the opposition. Plaintiff filed the instant complaint against Defendant arising from her purchase of a 2022 Nissan Frontier (the “Vehicle”) from Nissan of Elk Grove. Plaintiff alleges that the vehicle contains defects. Plaintiff alleges causes of action against Defendant for breach of warranties under the Song-Beverly Act. Plaintiff alleges she received various warranties from Defendant in connection with the purch...

Excerpt: ...to CCP § 583.250 for failure to serve the summons and complaint within three years. The Court will address the motion to dismiss pursuant to CCP § 583.360 first as it is dispositive. “[A]n action shall be brought to trial within five years after the action is commenced against the defendant.” (CCP § 583.310.) “[A]n action shall be dismissed…after notice to the parties, if the action is not brought to trial within the time prescribed in...

Excerpt: ...onstrate that the challenged settlement is not in good faith. In this personal injury action, Plaintiff Melanie Czoberek alleged two separate instances of slip and fall. In the first, she alleged that she was injured when she fell after her foot got caught on a piece of rebar in the parking lot of the apartment complex owned by Burnet. She alleged that two days later, she was at DHMF facility for an assessment for the injuries suffered in the par...

Excerpt: ...t against Defendants City and County of Sacramento alleging a cause of action for premises liability, specifically, dangerous condition of public property. Plaintiff alleged that she was injured when she slipped and fell near the security checkpoint at the Sacramento International Airport. Plaintiff alleged that the claim was brought pursuant to Government Code §§ 815.2 and 835. Plaintiff added Defendant as Doe 1 on July 15, 2022. A demurrer �...

Excerpt: ... bring the instant motion to extent the five year statute in CCP § 583.310 to encompass the current July 2, 2024 trial date. As seen below, the Court will deny the motion to extend the five year statute without prejudice. Further, any motion for trial setting preference shall be directed to the Presiding Judge. “[A]n action shall be brought to trial within five years after the action is commenced against the defendant.” (CCP § 583.310.) “...

Excerpt: ...ons that the County filed improper Notices of Pending Enforcement Actions (“NOPEAs”) against real property owned by Plaintiffs NKS Real Estate Holdings, Inc., Nabil Samaan (“Samaan”), and Orlando Meza (“Plaintiffs”) in retaliation for a prior lawsuit against the County and for the purpose of extorting Plaintiffs. The TAC also alleges the County has failed to comply with statutory requirements for filing such NOPEAs. Allred is the Coun...

Excerpt: ...ntiff while Plaintiff was employed by DWR. DWR demurs to each of Plaintiff's 13 causes of action in the FAC. Plaintiff filed a late opposition to the demurrer. Nonetheless, the Court exercises its discretion to consider the opposition. Legal Standard The function of a demurrer is to test the sufficiency of the pleading it challenges by raising questions of law. (Salimi v. State Comp. Ins. Fund (1997) 54 Cal.App.4th 216, 219; Nordlinger v. Lynch (...

Excerpt: ...f into renting the property by making misrepresentations regarding the address of the property and the fact that the lease included an attached studio apartment, after which the Defendants rented the property to another individual, which has interfered with Plaintiff's enjoyment of the property. (See Complaint.) Defendants now bring this demurrer to the second, sixth, seventh and eighth causes of action. Legal Standard The function of a demurrer ...

Excerpt: ...factured by FCA. Plaintiff moves for an order compelling FCA to provide further responses to certain RFPs under Code of Civil Proc. § 2031.310 and, where FCA indicated it would produce documents, for an order compelling FCA to produce documents in compliance. FCA opposes the motion on grounds it either fully complied with the RFPs or properly objected to the same. The moving papers and separate statements suggest the parties largely disagree con...

Excerpt: ...motion to strike portions of the complaint. (ROA 13 and 15.) The Court sustained the demurrer and granted the motion to strike, with leave to amend. (ROA 31-32.) Plaintiff timely filed an amended complaint. (ROA 33.) On January 6, 2023 Defendant filed the instant special motion to strike the amended complaint pursuant to Code of Civil Procedure § 425.16. A special motion to strike “may be filed within 60 days of the service of the complaint or...

Excerpt: ...for production of documents. (ROA 43 and 45.) The orders directed Plaintiff to provide responses by November 17, 2022. (Ibid.) As Plaintiff did not oppose the motions, the Court did not award sanctions. (Ibid.) Plaintiff did not provide responses and has not communicated with Defendant regarding the delinquent responses. (Low Decl., ¶¶ 6-7.) As a result of Plaintiff's failure to comply with the order compelling discovery responses, Defendant no...

Excerpt: ...ts demur to the entire complaint on grounds it fails to state facts sufficient to constitute a cause of action because it is barred by the statute of limitations. A demurrer based on the statute of limitations is proper where it appears from the face of the complaint that the action is time-barred. (Alexander v. Exxon Mobil (2013) 219 Cal.App.4th 1236, 1262.) Defendants argue the complaint asserts a cause of action for personal injuries and that ...

Excerpt: ...; Suzanne Schroeder; Jason Murray; and Mark Hancock's (collectively, “Defendants”) motion to compel arbitration and stay is ruled upon as follows. Defendants' Objections to Declaration of Edward P. Dudensing 1. Ex. A (Marshall Medical Center Hospital records), on grounds of authentication: OVERRULED. The Court finds that Plaintiffs have properly authenticated the Marshall Medical Center Hospital records for purposes of this motion. Plaintiffs...

Excerpt: ...r Court is 813 6th Street, Sacramento, California 95814. Plaintiff's counsel is directed to contact opposing counsel forthwith to advise counsel of Department 53's correct address, Local Rule 1.06, and the Court's tentative ruling procedure. If Plaintiff's counsel is unable to contact opposing counsel prior to the hearing, they shall be available at the hearing (regardless of Plaintiff's notice pursuant to CRC 3.1304(c)) in person or remotely (te...

Excerpt: ...tandard In reviewing the sufficiency of a complaint against a general demurrer, the Court is guided by long-settled rules. “‘[The Court] treat[s] the demurrer as admitting all material facts properly pleaded, but not contentions, deductions or conclusions of fact or law.' [Citation.]” (Blank v. Kirwan (1985) 39 Cal.3d 311, 318.) The Court “‘also consider[s] matters which may be judicially noticed.' [Citation.]” (Ibid.) “No other ext...

Excerpt: ...he Court continue the hearing to allow Petitioner to provide additional evidence relating to the proof of service issue raised by Respondent, notwithstanding the Court's tentative ruling which had found service sufficient based upon the corpus of evidence supplied in Petitioner's original filings. The Court granted Petitioner's request to continue this hearing to this date and allowed the parties to provide supplemental filings on the issue. Both...

Excerpt: ...ntiffs allege causes of action against Defendants Justis Development Group, LLC and Ali Copper for intentional and negligent misrepresentation, breach of contract, breach of the covenant of good faith and fair dealing, and common counts. Plaintiffs alleged that they entered an agreement with Defendants pursuant to which Connect Consulting Services agreed to utilize Plaintiffs' connections in the public and private health sectors to assist Defenda...

Excerpt: .... At issue on the instant motion are Plaintiff's responses to Defendant's request for production (set seven). The subject requests relate to documents Plaintiff worked on during therapy or took home from therapy. Defendant also requested calendar entries for the months following June 2018. “On receipt of a response to a demand for inspection, copying, testing, or sampling, the demanding party may move for an order compelling a further response ...

Excerpt: ...ity discrimination, failure to accommodate, failure to engage in the interactive process, retaliation and failure to prevent discrimination, harassment and retaliation. She also alleges a cause of action for wrongful termination in violation of public policy and defamation. Plaintiff alleges that she had been employed for over ten years and was Defendant's preschool director. She alleges that Defendant terminated her because of her need for medic...

Excerpt: ... alleged to have been responsible for vehicle accident causing the loss. Plaintiff's request for judicial notice is granted. Plaintiff's motion to have its request for admissions to Defendant deemed admitted was granted on June 22, 2021. When the moving party is the plaintiff, there is only one ground for a motion for judgment on the pleadings: "the complaint states facts sufficient to constitute a cause or causes of action against the defendant ...

Excerpt: ...and the Court's tentative ruling procedure and the manner to request a hearing. If moving counsel is unable to contact opposing parties prior to hearing, moving counsel is ordered to appear at the hearing by Zoom or by telephone. Nissan's request for judicial notice is unopposed and granted. Plaintiffs Ramiro Ramirez and Martha Ramirez filed the instant complaint against Defendant more than two years ago on February 3, 2020. Plaintiffs assert var...

Excerpt: ...intiff was a staying at a hotel owned and/or managed by Defendants. Plaintiffs allege Defendants knew there was a prior bedbug infestation prior to renting Plaintiffs a room, failed to take adequate sanitary steps, such as changing bed skirts, to eradicate the infestation, failed to take adequate steps to inspect the room and verify it was free of bed bugs before renting it to Plaintiffs, failed to properly train staff to inspect and eradicate be...

Excerpt: ...d a notice of deposition of WinCo's employee, Erica Gehrke (“Gehrke”), which included a request to produce any reports made of the incident by any person. (Stewart Decl., ¶ 4, Exh. A.) WinCo served an objection to the deposition notice indicating Gehrke prepared a customer accident report but refusing to produce the report on grounds it is privileged. as set forth in Holm v. Superior Court (1954) 42 Cal.2d 500 and Travelers Ins. Co. v. Super...

Excerpt: ..., including the subject Requests for Production Nos. 16, 22, 24 38, and 39. (Thomas Decl., ¶ 3 and Exh A.) Defendant's responses and/or supplemental responses identify certain responsive documents that Defendant agreed to produce “subject to a protective order.” (Thomas Decl., ¶¶ 4, 8 and Exhs. B and F.) However, as the parties were unable to agree on the final terms of a protective order, Defendant has not yet produced the documents. Plai...

Excerpt: ...ies' subsequent declarations relating to these additional meet-and-confer efforts and now rules as follows. Factual Background This action was commenced by plaintiff Keener on 12/2/2020 when she filed a complaint against her sister, defendant Perry who is the trustee of their parents' trust. The complaint purports to assert causes of action for undue influence, declaratory relief invalidating a trust amendment, imposition of constructive trust, b...

Excerpt: ...counsel's declaration relating to these additional meet-and-confer efforts and now rules as follows. Factual Background This action arises out of a 2020 incident allegedly occurring in a Trader Joe's parking lot. Plaintiff claims to have been struck by defendants' vehicle while walking in the parking lot with her mother. Plaintiff McKinney's responses to interrogatories attest to the following injuries: “[R]ib contusions, headaches, sprains and...

Excerpt: ...ject property collapsed and fell on the decedent. According to the moving papers, plaintiff propounded on defendant Greco a set of Requests for Admissions on 7/15/2022. Defendant Greco subsequently obtained extensions for her responses up to an including 11/7/2022 but that plaintiff has to date received no responses to these requests for admissions. Defendant Greco argues this motion “must be denied” for three (3) reasons. First, plaintiff fa...

Excerpt: ...ve ruling procedure and the manner to request a hearing. If moving counsel is unable to contact plaintiffs in pro per prior to hearing, moving counsel is ordered to appear at the hearing by Zoom or by telephone. (The Court notes that defendant filed and served an amended notice of motion on 2/15/2023 but because this was served so close to the 2/21/2023 hearing date and because 2/20/2023 was a court holiday, plaintiffs may not have received the a...

Excerpt: ...t need not waste time locating individual exhibits). Factual Background According to the opening paragraph of plaintiff's complaint, “This is a civil action for declaratory judgment asking the jury for a verdict declaring that Defendant Dayle Ann Imperato was the ‘keeper' of Plaintiff Krista Mitchell's 58 rescue dogs from 6:34 p.m. Tuesday, February 19, 2019 through 6:16 p.m. Thursday, February 21, 2019.” Plaintiff alleges that she housed t...

Excerpt: ...nal meet-and-confer declaration, such objection was unnecessary since Exhibit A was attached to the declaration simply to reflect State's meet-and-confer attempt and since the Court's consideration on this demurrer is limited to the facts duly alleged in the challenged pleading, along with those for which judicial notice was both requested and granted. Factual Background On 3/15/2022 plaintiff filed a Judicial Council Form complaint for personal ...

Excerpt: ...g so Plaintiff may depose Defendant's person most qualified in order to oppose the motion. This request is supported by a stipulation between the parties. However, as set forth below, the Court finds Defendants failed to meet their initial burden on this motion. As Defendants failed to shift the burden, Plaintiff has no burden to produce evidence to raise a triable issue of material fact. The request for a continuance is therefore unnecessary and...

Excerpt: ...tain an order from the Court allowing it to file an oversized memorandum. Nevertheless, the Court considered the entirety of the memorandum. In the future, La Posta shall conform to the applicable page limits or obtain an order from the Court allowing it to exceed those limits in accordance with the Rules of Court. This action arises from a loan agreement YAN and La Posta entered into in connection with a casino project that ultimately failed and...

Excerpt: ...June 2020 pursuant to which it agreed to provide construction equipment rental services to CDCR in exchange for payment. (FAC ¶ 6.) The Agreement states that CDCR was “to return the equipment in good condition subject to reasonable wear and tear” and that CDCR “shall not be liable for loss of damages to the rental equipment from any cause whatsoever during period of transportation or during the period the equipment is in the Institution's ...

Excerpt: ...des. 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. To appear on Zoom telephonically, call (833) 568- 8864 and enter the following Zoom ID: 16146506749. The demurrer of defendants to plaintiff in pro per Yandell's complaint is ruled upon as follows. Factual Background This a...

Excerpt: ...ff Crystal Jackson alleges causes of action against Defendants based on allegation that they negligently failed to perform a cesarean section which injured Ava Walls and Ms. Jackson. In the third cause of action for fraud, Plaintiffs allege that Defendants knew Ms. Jackson would encounter a “dangerous dystocia delivery” but concealed that fact. Defendants move for summary adjudication of the third cause of action. In evaluating a motion for s...

Excerpt: ...l Defendant to provide full and complete responses to certain requests for production. Requests Nos. 33, 37-43 and 45-46 relate to Technical Service Bulletins, recalls and documents/internal codes used by Defendant and similar consumer complaints. Requests Nos. 16, and 19-32 relate to Defendant's warranty and repurchase policies. Defendant interposed numerous objections to the requests for production, including objections based on relevance, burd...

Excerpt: ...ing judgment. The Court issued a tentative ruling on this matter for a November 16, 2022. No party contested the tentative ruling. A formal order was entered on December 7, 2022. However, pursuant to CCP § 704.790(d) the Judgment Debtor served a copy of the order and a Declaration for Rehearing on the Homestead Exemption. Under that statute, if the Judgment Debtor serves a copy of the Declaration on the Sheriff within 10 days of service, the Cou...

Excerpt: ... exclusive forum. The complaint alleges causes of action for violation of the Magnuson-Moss Consumer Warranty Act and negligence related to alleged defects in a 2022 XLR 35LRLE TravelTrailer (the “RV”) purchased by Plaintiff Norman Chapin (“Plaintiff”) and manufactured by Defendant. (See Complaint.) Plaintiff purchased the RV from thirdparty Jeff Couch's Campers, L.L.C. (the “Seller”) in Ohio and had the RV delivered to California. (P...

Excerpt: ...ow of Gary Cannon (the “Decedent”) alleged that the medical treatment administered to the Decedent by numerous Defendants including Defendant David Smith, M.D., resulted in the Decedent's death. By way of the instant motion, Defendant seeks to compel Plaintiff to provide responses to Special Interrogatories, Set Six, Nos. 78-89 and Requests for Production of Documents, Set Four, Nos. 38-40 that seek information regarding Plaintiff's income an...

Excerpt: ...in part, and denied, in part. The Court declines to rule on Defendants' objections as they were immaterial to the determination of this motion. Background This action involves a challenge by various Plaintiffs to regulations adopted by OSFM establishing certification requirements for persons to become “Certified Fire Sprinkler Fitters” for the installation of water-based fire protection systems (the “Regulations”). The Legislature authori...

Excerpt: ...Ins. Fund (1997) 54 Cal.App.4th 216, 219; Nordlinger v. Lynch (1990) 225 Cal.App.3d 1259, 1271.) A demurrer “tests the pleadings alone and not the evidence or other extrinsic matters.” (SKF Farms v. Superior Court (1984) 153 Cal.App.3d 902, 905.) “If the complaint states a cause of action under any theory, regardless of the title under which the factual basis for relief is stated, that aspect of the complaint is good against demurrer." (Que...

Excerpt: ...ROPPED from calendar due to defective service of notice which deprives the Court of jurisdiction to consider this matter. (Lee v. Placer Title Co. (1994) 28 Cal.App.4th 503, 509-511.) Plaintiff's notice of application 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. (Provided that plaintiff file at or before the hearing on this application pro...

Excerpt: ...posing 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. Plaintiffs' counsel failed to comply with CRC Rule 3.1113(f), requiring that memorandum of points & authorities which exceeds 10 pages include a table of contents and ...

Excerpt: ...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. *** Factual Background This action arises out of a 2016 transaction whereby plaintiffs sold a residential care facility to defendants. Plaintiffs generally allege that defendants have breached the contract and engaged in other wrongful conduct...

Excerpt: ...es out of plaintiff's employment as a “porter” with UBM. Hired in May 2017, plaintiff generally alleges she was discriminated against on account of her disability and retaliated against for “whistleblowing,” ultimately being “wrongfully discharged” in April 2021. Her complaint purports to assert against UBM and other individuals associated with UBM causes of action for discrimination, failure to prevent discrimination, failure to enga...

Excerpt: ...which of moving defendant's 14 Undisputed Material Facts will be addressed at the hearing and the parties should be prepared to point to specific evidence which is claimed to show the existence or non-existence of a triable issue of material fact. *** Moving counsel failed to comply with CRC Rule 3.1350(g), which requires a single volume of evidence (including declarations) with a table of contents when the evidence exceeds 25 pages. Factual Back...

Excerpt: ...rm the same award which Simple Foods seeks to vacate. The dispute between the parties arose from shipments of 65 containers of walnuts and almonds from Mariani to Simple Foods during 2017 and 2018. Simple Foods contended that 14 containers had mold and other problems, 29 containers were shipped late and 10 were not shipped. (Altman Decl. ¶ 4.) After the parties could not resolve their differences, they agreed to arbitrate before the Dried Fruit ...

Excerpt: ...015.5. However, Plaintiff's counsel submitted what appear to be corrected versions of the declarations on February 6, 2023. In any event, the Court need not rule on any evidentiary objections in this discovery motion. The objected to declarations simply set forth Plaintiff's contentions regarding meet and confer efforts or lack thereof, and as seen below none of that is material to ultimate outcome of this motion. In this employment action Plaint...