Excerpt: ...laintiff alleges causes of action for excessive force, false arrest, violation of the Bane Act in Civil Code § 51.7, assault and battery, and negligence. The complaint arises from an interaction between Plaintiff and Mullin and Wright on March 10, 2020 when Plaintiff was celebrating his birthday with a friend at a restaurant. Plaintiff alleges the deputies were looking for a fugitive who was 20 years older, seven inches taller and fifty pounds l...

Excerpt: ...vehicle. Kia also agreed to pay Plaintiff's attorney fees, costs and expenses pursuant to Civil Code § 1794(d). Plaintiff seeks $295,874.92 which represents: (1) $165,739 in fees for Strategic Legal Practices, APC (“SLP”); (2) $17,355 in fees for California Consumer Attorneys (“CCA”); (3) a 1.35 multiplier enhancement in the amount of $64,075.90; (4) $45,225.02 in costs and expenses; and (4) $3,500 in fees for reviewing the opposition, d...

Excerpt: ...request for admissions to Defendant Keisha Myers were deemed admitted on December 9, 2020. 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 and the answer does not state facts sufficient to constitute a defense to the complaint." (C.C.P. 438(c)(1)(A).) The grounds for the motion shall a...

Excerpt: ...tion arising from alleged sexual abuse of Plaintiff. On March 18, 2022, Defendant served Request for Production of Documents, Set Six (“RFP”) on Plaintiff. (Langenfeld Decl., ¶ 3, Exh. 1.) Plaintiff provided unverified responses on June 17, 2022. (Id., ¶ 5, Exh. 3.) On August 12, 2022, Plaintiff provided a verification that had been executed on August 1. (Id., ¶ 5, Exh. 4.) After various meet and confer efforts, Plaintiff provided verified...

Excerpt: ...es not provide notice of the Court's tentative ruling system as required by Local Rule 1.06(D). Counsel for Defendant is ordered to notify Plaintiffs' counsel immediately of the tentative ruling system and to be available at the hearing, in person or by telephone, in the event Plaintiffs' counsel appears without following the procedures set forth in Local Rule 1.06(B). The Court further notes counsel for Defendant has failed to comply with this r...

Excerpt: ...edit card debt. (Complaint.) Plaintiff moves for summary judgment or in the alternative summary adjudication of the first cause of action for open book account and the second cause of action for account stated. (Notice.) The complaint, however, alleges only a single cause of action for common counts on separate theories of open book account and account stated. (Complaint.) Accordingly, the request for summary adjudication is denied because the ca...

Excerpt: ... argument is requested, the parties are directed to notify the clerk and opposing counsel at the time of the request which of moving defendant's 15 separate issues for summary adjudication, which of moving defendant's 126 Undisputed Material Facts, which of plaintiff's written objections to evidence and/or which of defendant's written objections to evidence will be addressed at the hearing. The parties should be prepared to point to specific admi...

Excerpt: ...ailable 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 action arises from an incident occurring at California State Prison, Sacramento in February 2019. Plaintiff alleges he was ordered to prepare for tr...

Excerpt: ...all material facts that the moving party contends are undisputed” and that “[e] ach of the material facts…shall be followed by a reference to the supporting evidence” but also specifying “[t]he failure to comply with this requirement of a separate statement may in the court's discretion constitute a sufficient ground for denying the motion.” The Court denies counsel's request for leave to now file the missing separate statement becaus...

Excerpt: ...l 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 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. Both NNA and plaintiff's 16-page moving and opposing memorandum of points and authorities fa...

Excerpt: ...ty 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 Court notes that plaintiff paid only one $60 filing fee in connection with this motion, although it seeks at least two (2) different orders (i.e., further responses to requests for production and production of responsive documents). A sep...

Excerpt: ...he manner to request a hearing, along with the correct address for Dept. 53/54. If moving counsel is unable to contact defendants or their counsel, if any, opposing counsel prior to hearing, moving counsel is ordered to appear at the hearing by Zoom or by telephone. Plaintiff's application for right to attach order and for writ of attachment as against defendant Virk Systems, Inc. is ruled upon as follows. The Court notes that plaintiff paid only...

Excerpt: ...ent concealment in connection with her purchase of a 2021 Nissan Kicks (“Vehicle”) from Nissan of Sacramento. Plaintiff alleges she received various warranties from Defendant in connection with the purchase of the Vehicle and that defects arose during the warranty period. (Comp. ¶¶ 2, 3.) Plaintiff alleges that she delivered the Vehicle to an authorized service and repair facility on numerous occasions for defects in the Vehicle, including ...

Excerpt: ...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 retaliation. At issue on the instant motion are Defendant's responses to special interrogatories nos. 1‐22. In its responses, Defendant raised numerous objections, including that the interrogatories were v...

Excerpt: ... (deceased) (“Sam”) operated the family businesses for the personal benefit of his mistress, Yimin Dai and himself. Defendant is the trustee of the Samuel B. Fong Trust and Executor of Samuel B. Fong's estate. Plaintiff is one of Sam's siblings. Given that claims against Sam were raised against his estate, Creditor's Claims were filed as required by the Probate Code in the pending probate for Sam's estate. At issue on the instant motion are P...

Excerpt: ...uests for judicial notice are granted. In Plaintiff RL Liquidators, LLC's second amended complaint (“SAC”), Plaintiff alleged that Landlord owns real property at 221 Richards Boulevard (“Subject Property”). Plaintiff leases the Subject Property pursuant to a commercial lease. Plaintiff alleged that Safelite leases other real property from Landlord which is adjacent to the Subject Property. Plaintiff alleged that it leased the Subject Prop...

Excerpt: ...hat Defendant did not receive the opposition in time to file a reply. Defendant filed a "non‐opposition" on January 25, 2023, stating that while the docket reflected the opposition it could not view it. However, given the nature of the Court's ruling, the Court will address the matter on the merits at this time. Any reply would not have altered the analysis. The SAC is actually Plaintiff's first amendment to his original complaint. The Court wi...

Excerpt: ...n secured by real property of Ms. Rigor's deceased mother. Ultimately Plaintiff has filed a second amended complaint for “quiet title” in July 2022. The verified SAC, is not entirely clear and appears to assert numerous causes of action apart from quiet title. The only cause of action in which SMRCOA appears to be named is in the untitled second cause of action in which Plaintiff alleges that SMRCOA was “guilty of Title, Chapter 1 of the Un...

Excerpt: ...ule 1.06 and the Court's tentative ruling procedure and the manner to request a hearing. Moving Party failed to comply with California Rules of Court rule 3.1110(f)(3) which requires that each paper exhibit be separated by a hard 8 ½” x 11” sheet with hard paper or plastic tabs extending below the bottom of the page, bearing the exhibit designation. Moving Party has failed to comply with California Rules of Court, rule 3.1350(g), which requi...

Excerpt: ...he notice of motion incorrectly references modifications to Local Rule 1.06, applicable only to motions pending before the Presiding Judge in Department 47. Moving counsel is directed to contact opposing counsel/party and advise him/her of Local Rule 1.06 and the Court's tentative ruling procedure and the manner to request a hearing. Defendants' Requests for Judicial Notice (“RJN”) of certain filings in this action and in the action Janet Rob...

Excerpt: ...e with the Court's suggestion, but defense counsel has refused to stipulate. (See Decl. of Thomas A. Reya ISO Mot. ¶ 5.) In their reply, they provide the following additional information about the appropriateness of a discovery referee in this action. The record since plaintiffs filed their opening motion has only underscored the appropriateness of a discovery referee in this matter. Defendants have refused to proceed with any of the PMQ documen...

Excerpt: ... meeting and conferring via telephone. (Diepenbrock Dec., ¶¶ 3‐5; Schumaker Dec., ¶¶ 3‐5.) BACKGROUND This case involves a taxpayer challenge to the District's use of a lease‐leaseback agreement. Plaintiff filed a complaint on June 17, 2022, alleging the following causes of action: (1) reverse validation pursuant to CCP section 863, (2) taxpayer action to prevent illegal expenditure of funds pursuant to CCP section 526(A), (3) recovery ...

Excerpt: ...l at the time of the request which of moving Defendants' 6 separate issues for summary adjudication, which of moving Defendants' 101 Undisputed Material Facts, which of Plaintiff's 66 Additional Material Facts, and/or which of Defendants' 70 objections to evidence will be addressed at 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...

Excerpt: ...amendment of deemed admissions to Plaintiff State Farm Mutual Automobile Insurance Company's (“Plaintiff”) Requests for Admission, set one (“RFAs”) is GRANTED as follows. Factual Background This is a subrogation action involving a December 4, 2019 motor vehicle accident during which the vehicle driven by Defendant struck Plaintiff's insured's vehicle. Defendant asserts that as he was entering onto eastbound US‐50, his vehicle was hit by...

Excerpt: ...s tentative ruling system, as required by Local Rule 1.06. The address identified for Department 53 is incorrect. Moving counsel shall immediately notify opposing counsel of the correct location for the hearing, the Court's tentative ruling procedure, the manner to request a hearing, and the correct address for Department 53 (813 6th Street, Sacramento, CA 95814). Factual and Procedural Background Plaintiff Mark Pierson (“Plaintiff”) filed th...

Excerpt: ...alleging nine causes of action, including breach of contract and specific performance. Defendant filed an Answer and a Cross‐Complaint for Declaratory Relief on March 4, 2019. Trial is scheduled to commence on April 11, 2023. The proposed First Amended Answer (“FAA”) would add several affirmative defenses. Defendant asserts: [They] supplement those defenses already raised and simply present more direct claims in opposition to the Complaint,...

Excerpt: ...tion into the complaint of income discrimination against Respondent Cool Time, LLC. (Gov. Code §§ 12963 [“[a]fter the filing of any complaint alleging facts sufficient to constitute a violation of any provisions of this part, the department shall make prompt investigation in connection therewith.”]) On August 12, 2022, the Department served a subpoena requesting documents related to the complaint in addition to a set of investigative interr...

Excerpt: ...ed upon as follows. In the voluminous second amended complaint, 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. Plaintiff has now filed four extremely voluminous motions to compel CDT's further responses which the Court will address in a single ruling. It appears that Plaintiff seeks to compel ...

Excerpt: ...t Defendants Brian Radoo (“Radoo”), Bobby Mohamed (“Mohamed”), Neil Singh and Colin Asheley (“Asheley”) including assault, battery, harassment, invasion of privacy, false imprisonment, IIED, trespass to chattel, conversion, private nuisance and interference with contract. The action arises from an alleged agricultural joint venture doing business as W.U.R.M. Assets, LLC (“WURM”), allegedly between Plaintiff Umashankar and Defendan...

Excerpt: ...e 2.111(3). The opposition was not timely filed or served, as CRC Rule 3.1342 governs this motion to dismiss and subdivision (b) specifies that an opposition is due “[w]ithin 15 days after service of the notice of motion.” The opposition was nevertheless considered. Factual Background This action arises out of a motor vehicle accident occurring in February 2018. Plaintiff filed suit on 2/13/2020. According to the proof of service filed on 10/...

Excerpt: ...ip‐and‐fall incident. Defendant KPI filed its answer to the operative complaint on 8/3/2018. While trial had originally been set to commence on 3/10/2020, it was then continued to 11/16/2020 at plaintiff's own request. The case did not proceed to trial on 11/16/2020. Since that date, plaintiff has filed nothing with the Court and no Law & Motion proceedings at all have occurred prior to the filing of the present motion on 10/26/2022. No trial...

Excerpt: ...ific 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. *** Opposing counsel failed to comply with CRC Rule 3.1110(b)(3)‐(4). Plaintiff's “separate statement” in support of this motion is not actually “separate” from any of the other papers filed in support of this motion but is instead attached to all of...

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 17‐page memorandum of points and authorities in opposition fails to comply with the 15‐ page limi...

Excerpt: ...unts and for an equitable lien. Plaintiff seeks partition of certain real property located in Antelope, California in which he alleges that he and Defendant each own an undivided one‐half interest. (Comp. ¶¶ 2‐4.) Defendant demurs to each of the three causes of action. While Plaintiff filed an opposition, he does not address any of the substantive arguments directed to the causes of action. The Court would note also that Defendant provides ...

Excerpt: ...intiffs allege causes of action against Defendants for breach of contract, fraud and deceit/fraudulent concealment, negligent misrepresentation, breach of the implied covenant of good faith and fair dealing, failure to disclose in violation of Civil Code §§ 1102 et seq., financial elder abuse, and violation of Business and Professions Code § 17200. Plaintiffs allege that they visited the Home on August 14, 2020 and saw that the interior was un...

Excerpt: ...date. In connection with the previously scheduled hearing, Plaintiffs filed an approximately 30 page opposition in violation of the 15 page limit set forth in CRC Rule 3.1113(d) without obtaining permission. The Court stated that it would not consider the opposition and ordered Plaintiffs' to file an opposition not exceeding 15 pages by December 2, 2022. Plaintiffs failed to do so. Despite the fact that Plaintiffs were directed to submit a confor...

Excerpt: ...lic nuisance action brought by Plaintiff City of Sacramento (the “City”) concerning real property commonly known as 2246 Waterford, Sacramento, CA 95815 (the “Property”). Defendant Linda Siegrist (“Defendant”) is the Property's owner of record. The City commenced this action on February 17, 2017, alleging the following causes of action: (1) public nuisance under the Civil Code, (2) nuisance per se ‐ dangerous building (Sacramento Ci...

Excerpt: ...ation coordinator shall provide the tentative ruling to Plaintiff Troy Anderson within 48 hours. The litigation coordinator is directed to have Plaintiff Troy Anderson available at oral argument on December 15, 2022 at 1:30 pm. Appearance will be by ZOOM. Department 53 Zoom ID is: 161 4650 6749. To appear on Zoom by phone, call (833) 568‐8864 and enter 161 4650 6749#. Appearance is required. Plaintiff Troy Anderson's motion to appoint counsel a...

Excerpt: ...against Defendant for breach of warranties under the Song‐Beverly Act and the MagnusonMoss Act and for fraud. After Defendant's successful demurrer a first amended complaint alleging the same causes of action was filed on September 1, 2020. Defendant moves to compel Plaintiffs' claims to arbitration pursuant to an arbitration provision located in a “Motor Vehicle Lease Agreement With Arbitration Clause” which Plaintiffs signed when they lea...

Excerpt: ...hat Defendant drove at an unsafe speed and was inattentive which caused the subject accident. (FAC p. 5 ¶ GN‐1.) Plaintiffs request punitive damages. Defendant moves to strike the request for punitive damages on the basis that Plaintiffs failed to properly allege an entitlement to such damages. A motion to strike is appropriate to strike out any irrelevant, false or improper matter asserted in any pleading and the Court may strike out all or a...

Excerpt: ... to strike the allegations seeking recovery of punitive damages along with allegations that non‐party Jack Swank was personally guilty of oppression or malice against Plaintiffs, including criminal violations of law. Plaintiff filed an untimely opposition to the motion. However, the Court notes Defendant was able to prepare a reply addressing Plaintiff's untimely opposition. Further, there is a pending motion to strike the claim for punitive da...

Excerpt: ...leges Decedent was placed into the custodial care of Defendants for treatment of respiratory issues, lack of mobility and other limiting conditions that prevented Decedent from caring for himself. (Complaint, ¶¶ 31‐34.) Plaintiff alleges Defendants failed to provide proper care for Decedent, resulting in his death. (Complaint, ¶¶ 35‐37.) Specifically, Plaintiff alleges Defendants withheld and failed to provide respiratory care, treatment ...

Excerpt: ...or damages arising from a dispute regarding the alleged sale of a 2021 Kenworth tractor (the “Vehicle”) and the repayment of an alleged investment. Bains is the owner of YR Transportation, a trucking company. (Complaint, ¶ 10.) Rajinder worked as an independent contractor for YR Transportation. (Complaint, ¶ 12.) In January 2021, Rajinder allegedly accepted an agreement to sell the Vehicle to YR Transportation for $120,000. (Complaint, ¶¶...

Excerpt: ...lly addressed herein, the Court declines to rule on Defendant's objection as they are immaterial to the disposition of this motion. The notice of motion and separate statement present a single issue for determination. As Defendant's request for summary judgment and summary adjudication are based on the same issue and identical fact, the Court notes the determination of whether Defendant is entitled to summary judgment is also dispositive of the r...

Excerpt: ...y Anderson available at oral argument on December 15, 2022 at 1:30 pm. Appearance will be by ZOOM. Department 53 Zoom ID is: 161 4650 6749. To appear on Zoom by phone, call (833) 568‐8864 and enter 161 4650 6749#. Appearance is required. Plaintiff Troy Anderson's motion to appoint counsel at the public expense pursuant to 28 U.S.C. section 1915(d) and 18 U.S.C. section 3006A is denied. As a preliminary matter, the Court notes Plaintiff previous...

Excerpt: ...w cause, if any there be, why this action should not be dismissed due to plaintiff's failure to bring it to trial within five years of the date it was commenced (i.e., 12/10/2001) as required by Code of Civil Procedure §583.310. The Court specified that plaintiff had until 12/1/2022 to file and serve a brief addressing the question of whether this action is subject to mandatory dismissal due to his failure to bring it to trial within five years ...

Excerpt: ...tative ruling system as required by Local Rule 1.06 (or the correct address for Dept. 53/54), this does not mandate or otherwise justify denial of this motion as suggested by the opposition. This is particularly true since RCCB served on 12/1/2022 a notice of Local Rule 1.06 and this Court's tentative ruling procedure. Factual Background This action arises out of plaintiff's prior employment with RCCB. Her complaint alleges not only a variety of ...

Excerpt: ...unsel 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 party is unable to contact opposing counsel prior to hearing, moving counsel is ordered to appear at the hearing by Zoom or by telephone. Factual Background This action commenced in 2019 arises from plaintiff's prior employment with defendant Target Excellence, where co‐defendant Whitfield also worked and was lat...

Excerpt: ...) demurrer to the complaint is ruled upon as follows. Request for Judicial Notice Defendants' Request for Judicial Notice (“RJN”) of Plaintiff's two government tort claims and the California Department of Corrections and Rehabilitation's (“CDCR”) rejections of them is unopposed and is GRANTED. Background Pro per inmate Plaintiff Larry William Cortinas (“Plaintiff”) filed his form complaint on December 8, 2021. Therein, he alleges caus...

Excerpt: ...athfinder. Plaintiffs allege that the vehicle contains defects. They allege causes of action against Defendant for breach of warranties under the Song‐Beverly Act and the Magnuson‐Moss Act Defendant moves to compel Plaintiffs' claims to arbitration pursuant to an arbitration provision located in a Retail Installment Sales Agreement (“RISC”) Plaintiffs signed when they purchased the vehicle. A written agreement to submit a controversy to a...