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: ...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: ...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: ... 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: ...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: ...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: ...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: ...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: ...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: ...; 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: ...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: ...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...