Excerpt: ...�) on or about 11/22/2014. Plaintiff's complaint purports to assert three causes of action for violation of the Song‐Beverly Consumer Warranty Act (the “Song‐Beverly Act” and two more for fraud (i.e., concealment and misrepresentation). The Complaint alleges express warranties accompanied the sale of the Subject Vehicle which contained or developed “serious defects and nonconformities to warranty” including but not limited to the engi...

Excerpt: ... that the parties entered into a Consulting Agreement in October 2018 pursuant to which Defendant would pay Plaintiff $10,000 per month until such time as third party GrowLife, Inc. completed its purchase of Defendant. Plaintiff alleges Defendant improperly terminated the Consulting Agreement on December 27, 2021. (Comp. ¶¶ 10, 11) Plaintiff alleges Defendant improperly claimed that payment terms would continue in perpetuity which was not conte...

Excerpt: ... against Main Street except the breach of contract cause of action. Plaintiff alleged he entered into two promissory notes with Main Street and that Main Street breached its obligation to repay the amounts lent to it and now owes a total of $436,450. The Court granted Plaintiff's motion for summary judgment and entered a formal order and judgment on June 3, 2022. (ROA 42, 43) Judgment was entered against Maint Street in the amount of $436,450. Pl...

Excerpt: ...ties' respective requests for judicial notice are denied as they were not relevant to the Court's ruling and/or seek judicial notice of matters that are not appropriate for judicial notice. (Soskinsky v. Grant (1992) 6 Cal.App.4th 1548; Kilroy v. State of California (2004) 119 Cal.App.4th 140.) Procedural History This Petition follows two pending Sacramento Superior Court cases: Wong Kuong Hur Wen Sun Association v. Cho Hsi Wong, et al. (Case No....

Excerpt: ... argument on August 17, 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 John Doe's unopposed motion to compel testimony of Defendant Andre Ragland at continued deposition is granted provided Plaintiff files proof of service showing service on Defendant. In the event proof of service is not filed, the ...

Excerpt: ...”) based on his disability, national origin, religion and gender. The initial complaint was filed on February 20, 2019 and asserted causes of action under FEHA and for retaliation in violation of Labor Code § 1102.5. DFPI demurred to the Labor Code § 1102.5 cause of action and the demurrer was sustained without leave to amend in September 2019. Plaintiff seeks leave to amend his first amended complaint to add facts that occurred since the fir...

Excerpt: ...In her initial answer to the crosscomplaint filed in September 2021, Plaintiff asserted an affirmative defense that she lacked legal capacity to make decisions. In her amended answer filed in March 2022, Plaintiff withdrew that affirmative defense. (ROA 82) The amended answer does allege Ralston committed domestic violence against her. On May 10, 2022, Ralston issued two subpoenas to Plaintiff's medical providers seeking all Plaintiff's medical r...

Excerpt: ... Dignity Health dba Mercy General Hospital and Amer Khalil, M.D., involving allegations of negligence related to the care of Plaintiff at Mercy General Hospital in November of 2017. This is the second iteration of Plaintiff's Motion for Leave to Amend; the previous motion was denied without prejudice on grounds that moving counsel's declaration omitted certain information. The instant motion is accompanied by a new declaration. Plaintiff filed hi...

Excerpt: ...g this case to trial or conditionally settle it within two years or, alternatively, three years, is ruled on as follows. Plaintiffs oppose the motion. Defendants filed a Reply. This personal injury action arises out of a motor vehicle accident. Plaintiffs filed their Complaint as a limited civil case on March 19, 2019. Settlement negotiations occurred between Plaintiffs' counsel and the insurance adjuster, but ultimately no settlement was reached...

Excerpt: ...orm, the motion is a challenge to the allegations in the pleading. The motion is not a true “motion to dismiss” for failure to satisfy the three‐year or five‐year statutes, for example. Instead, the motion is a pleadings challenge that targets various allegations in the pleading and does not rely on extrinsic evidence. A demurrer “tests the pleadings alone and not the evidence or other extrinsic matters.” (SKF Farms v. Superior Court ...

Excerpt: ...required by Local Rule 1.06(D) because it states that the tentative rulings post at 3 p.m instead of 2 p.m. Counsel is ordered to accurately notify the client and opposing counsel immediately of the accurate address for this Department, 813 6th Street, and of the Court's tentative ruling system, and to be available at the hearing in the event the client or opposing counsel appears without following the procedures set forth in Local Rule 1.06(B). ...

Excerpt: ...osts the same ruling for each item on calendar. Background On August 10, 2018, Plaintiff Jason Hopkins, in case number 34‐2018‐00238633, filed a negligence action against Rideout Defendants alleging that he suffered injuries as a result of their negligence. On August 16, 2018, Plaintiff Jason Hopkins filed an amended complaint to correct a clerical error with respect to his name. On October 21, 2018, Plaintiff Jason Hopkins passed away. (Hopk...

Excerpt: ...that will be addressed at the hearing. Counsel are also reminded that pursuant to local rules, only limited oral argument is permitted on law and motion matters. *** The notice of demurrer 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. Moving counsel is directed to contact opposing counsel and advise him/her of Local Rule 1.06 and the Court'...

Excerpt: ...suffers from emotional pain and suffering, including concussion symptoms, forgetfulness, PTSD, and headaches. Plaintiff alleged she was diagnosed with a traumatic brain injury and that she will require care as she cannot be left alone as a result of significant memory and concentration problems. Defendant served a notice of independent mental examination (“IME”) on November 4, 2021. The IME called for a series of non‐invasive psychological ...

Excerpt: .... 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 and Department 53's Zoom ID is 841 204 6267. To appear on Zoom by telephone, call (888) 475‐4499 or (877) 853‐5257 (toll‐free) and enter the Zoom ID referenced above. The demurrer of defendants California State Prison�...

Excerpt: ...ought by Defendant in the Low Prasad v. Broadbase, Sacramento Superior Court Case No. 34‐2020‐00273739 (Prasad) which was continued from July 19, 2022, to today's date, was opposed (albeit very briefly). Low Prasad is also a plaintiff in the instant action. The plaintiffs in both cases are represented by the same counsel. Plaintiffs filed essentially the same 3 plus page opposition in this case, albeit, on July 20, 2022, only 5 Court days pri...

Excerpt: ...ichard Rogers, Chris Stevens (“Stevens”), Amy Tong, Zack Wheat, Lesleigh McCaskill, Taylor Sharp (“Sharp”) and Yolanda Rodriguez (collectively “Moving Defendants”) to strike the twelfth cause of action for defamation in Plaintiff Samuel Bernard Johnson III's (“Plaintiff”) First Amended Complaint (“FAC”) pursuant to Code of Civ. Proc. § 425.16 is DENIED. Plaintiff's request for judicial notice is unopposed and granted. As a pr...

Excerpt: ...19‐PM3. Plaintiff alleges that he took title to the subject property with Defendant Madison as joint tenants and that she has since stopped paying the mortgage. Plaintiff seeks to amend the complaint to remove the allegation that the parties are joint tenants, add more factual detail regarding the parties' contributions to the subject property, verify the complaint and more. “Trial courts are vested with the discretion to allow amendments in ...

Excerpt: ...de verified responses, without objections, to Defendant's form and special interrogatories and requests for production (sets one) no later than January 27, 2022. No sanctions were requested and none were awarded. On April 27, 2022, the Court granted Defendant's second motion to compel the same discovery responses and Plaintiff was ordered to serve responses without objections no later than May 4, 2022. Again, no sanctions were requested and none ...

Excerpt: ...council form complaint alleging causes of action for motor vehicle and general negligence arising from a motor vehicle accident on January 15, 2021. Plaintiff alleges that Defendant ran a red light while under the influence of alcohol in violation of Vehicle Code § 23152(a) and that the police report determined Defendant was the cause of the accident. Defendant specifically moves to strike ¶ 14a(2) of the form complaint (the box for punitive da...

Excerpt: ...iff. (Langenfeld Decl., ¶¶ 2‐3 and Exhs. A‐B.) On February 17, 2022, Defendant granted an extension to respond to the discovery to March 22, 2022. (Langenfeld Decl., ¶ 4 and Exh. C.) Plaintiff failed to provide any responses by the deadline. (Langenfeld Decl., ¶¶ 5‐6.) Defendant now brings this motion, along with 19 other concurrently pending discovery motions as to various plaintiffs, for an order compelling responses. Plaintiff filed...

Excerpt: ...egligence. The request for summary adjudication of the second cause of action for premises liability is GRANTED. Defendant/Cross‐ Complainants Sheraton Grand Hotel's, Marriot International, Inc.'s and Starwood Hotels & Resorts Worldwide, LLC's (“Hotel Defendants”) joinder to the motion is not properly before the Court at this time. The notice and supporting papers for a motion for summary judgment must be filed 75 days before the hearing. (...

Excerpt: ...lifornia Rules of Court, rule 3.1113(h) ‐ their briefing does not provide any pagination. The Court notes Plaintiff Helexo PTE, a Singapore company (“Plaintiff”) filed its Opposition one court day late. (See Code Civ. Proc., § 1005.) As the Defendants provided a substantive Reply, the Court exercises its discretion to consider the late filed brief. Parties are reminded that compliance with California Rules of Court and the Code of Civil Pr...

Excerpt: ...ce of the summons & complaint is currently on file. However, plaintiff's own Case Management Statement indicates that no defendant had been served as of September 2021. (ROA #21.) Moving Papers. Defendants' demurrer filed in February 2022 asserts that plaintiff's complaint is barred by laches because (1) the subject bedbug incident occurred on or about 8/2/2017, (2) plaintiff waited until the last day to file her complaint on 8/2/2019, (3) plaint...

Excerpt: ...ively GRANTED pending the final fairness hearing to be held on this date. (Code Civ. Proc. § 382; Cal. R. Ct., R. 3.769.) NOTICE: The Court's ruling tentatively indicates that it will grant final approval of the class action settlement conditioned upon further arguments to be made during the final fairness hearing. Although the Court anticipates that neither Plaintiff nor Defendant will request oral argument, and while no class member indicated ...

Excerpt: ...e 1.06. Moving counsel 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. 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 Opposition fails to comply with CRC Rule 3.1113(f), requiring a Table of Contents and Table of Authorities for any ...

Excerpt: ... 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. Factual Background This consolidated action arises out the two plaintiffs' prior employment, which is alleged to have been wrongfully terminated in retaliation for their whistleblowing. Their respective complaint asserts claims for inter alia, breach of contract, violation of the Fair Em...

Excerpt: ...jor cardiac bypass operation on May 20, 2020. Two days post surgery, Plaintiff developed spinal cord ischemia at T5, resulting in paraplegia. The Complaint alleges a single cause of action for medical malpractice against Defendant, the UC Davis Medical Group, and six physicians. Plaintiff dismissed the individual defendants after the parties stipulated that each of those defendants were employees and agents of Defendant, acting within the course ...

Excerpt: ...f the "Original Grange" in an underlying dispute with the National Grange and the CSG and the legal fees it received from the Original Grange pursuant thereto. The Court is familiar with the long running litigation between the parties, but in brief, the underlying dispute began on October 1, 2012, when the National Grange sued the Original Grange in this Court. The National Grange claimed that its actions taken against the Original Grange were co...

Excerpt: ...of Plaintiff's alleged molestation and physical abuse by her stepfather, DS. The First Amended Complaint alleges causes of action for sexual battery, negligence, gender violence, and intentional infliction of emotional distress against Defendants. On November 2, 2021, Plaintiff served her first set of written discovery, which consisted of form interrogatories (“FIs”), special interrogatories (“SIs”), requests for admission (“RFAs”), a...

Excerpt: ...change. (Mot., p. 3:3‐ 4.) During the arbitration discovery process, in response to Respondent's interrogatories, Claimant identified her injuries from the accident as follows: “Back, right leg, neck, hips, and buttocks.” (Mot., p. 3:5‐7; Ex. A.) Respondent then served deposition subpoenas on Kaiser facilities seeking all of Claimant's medical records dating back to 2007. (Mot., p. 3:10‐28; Ex. C.) The Parties' Contentions Claimant file...

Excerpt: ...th pertaining to the Motion to Disqualify Mr. Wiesner. On July 14, 2022, Plaintiff's Counsel filed a Notice of Errata confirming that they did in fact file two identical copies of the same Memorandum of Points and Authorities, albeit in error. Attached with the Notice of Errata was the “corrected copy” of the Memorandum of Points and Authorities pertaining to the Motion to Disqualify Mr. Guslani. The Court notes, accounting for the delay in f...

Excerpt: ...ourt, on its own motion, takes judicial notice of its record which reflects the Doe amendment was filed on December 16, 2021. (ROA 55.) Mercury's RJN No. 7 is unopposed but DENIED. The Court declines to take judicial notice of the Traffic Collision Report as the truth or accuracy of statements in such reports are reasonably subject to dispute and not appropriate for judicial notice. (See People v. Jones (1997) 15 Cal.4th 119, 171, fn. 17 [overrul...

Excerpt: ...ining, and entrustment. (ROA 1.) This is a personal injury action arising from a motor vehicle collision allegedly caused by Defendant Brooks while driving a vehicle owned by Defendant Garda. Plaintiff alleges causes of action for negligence against Defendant Brooks and for negligent hiring, training and entrustment against Defendant Garda. No trial date has presently been set in this matter. In Opposition, Plaintiff raised arguments regarding De...

Excerpt: ... landlords for a tenant's illegal cultivation of cannabis and the fairness of the administrative hearings provided by the City for contesting such penalties. During discovery, the City inadvertently produced a 4‐page string of emails identified by Bates Stamp No. COS0056014‐17, which the City claims is protected from disclosure by the attorney‐client and attorney work product privileges. Plaintiff contends the emails are not privileged and ...

Excerpt: ...in pro per available for oral argument at the above‐stated time. Appearance will be by ZOOM and Department 53's Zoom ID is 841 204 6267. To appear on Zoom by telephone, call (888) 475‐4499 or (877) 853‐5257 (toll‐free) and enter the Zoom ID referenced above. The demurrer of defendants California State Prison‐Sacramento and Correctional Officers Martine and Enriquez to plaintiff in pro per Blackwell's First Amended Complaint (“1AC”) ...

Excerpt: ... 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 telephone. DEFENDANT'S REQUESTS FOR JUDICIAL NOTICE: 1. Plaintiff's Complaint ‐ Unopposed and GRANTED. In taking judicial notice of the Complaint in this matter, the Court accepts the fact of its existence, not the truth of its contents. (See Professional Engineers v. Dep't of ...

Excerpt: ...AC”) is ruled upon as follows: Background As pertinent to Civic and Plaintiff, this action arises from a November 15, 2017 loan provided by Civic in the amount of $342,750 in Aretha Johnson's name, evidenced by a promissory note (the “Note”) and secured by a deed of trust (the “DOT”) naming the real property located at 7050 Cromwell Way, Sacramento, CA 95822 (the “Cromwell Property”) as collateral. (UMF Nos. 1‐2.) Plaintiff conten...

Excerpt: ... County of Sacramento, which began in 2005 and ended in 2018. The operative complaint alleges causes of action for discrimination (race, gender and disability), retaliation, failure to prevent discrimination and retaliation, failure to accommodate, failure to engage in the interactive process, and interference with rights under the California Family Rights Act (“CFRA”). Plaintiff propounded a variety of written discovery requests to defendant...

Excerpt: ...or Dept. 53/54. Although the notice of motion provided notice of the Court's tentative ruling system as required by Local Rule 1.06(D), the notice does not comply with that rule. Moving counsel is directed to review the Local Rules, effective 1/1/2022. Moving counsel failed to comply with CRC Rule 3.1110(b)(3)‐(4). This action arises out of a motor vehicle accident. Plaintiff filed her complaint on 8/6/2019 and defendant filed his answer on 10/...

Excerpt: ...s were killed in an accident. A truck owned by Defendants collided with the automobile plaintiffs' parents were driving. Defendants move to set aside a default and default judgment pursuant to CCP § 473 (b). Essentially, Defendants maintain they forwarded Plaintiffs complaint to their insurance carrier for handling. They then learned in February 2022 that coverage would not be available. They attempted to file an answer, but the answer was rejec...

Excerpt: ...aled the penalty through the City's administrative process contending that the plants belonged to their tenants. On March 31, 2019, a hearing examiner issued a decision upholding the penalty, but reducing the amount to $35,000. On July 2, 2019, Plaintiffs filed an appeal in this Court pursuant to Government Code § 53069.4(b)(1) which provides for a trial de novo. On October 21, 2019, the Court (Judge Laurie Earl) found that the Court had no auth...

Excerpt: ...aintiffs allege causes of action against Defendant for breach of warranties under the Song‐Beverly Act and for violation of Business and Professions Code § 17200. Defendant moves to compel Plaintiffs' claims against it to arbitration pursuant to an arbitration provision located in Retail Installment Sales Agreement (“RISC”) Plaintiffs signed when they purchased the vehicle. The subject provision requires arbitration of “[a]ny claim or di...

Excerpt: ... 220 Cal. App.3d 1117, 1138.) Newberg on Class Actions (4th Ed.), the authoritative treatise on class actions, discusses the process for approving the settlement of a class action. At § 11.24, “Procedure for Submitting Class Settlement for Approval,” Newberg describes the review at the preliminary stage as the submission by the parties of the essential terms of the agreement for informal review of the settlement papers by the Court. In revie...

Excerpt: ...nd considered the supplemental declaration filed by Brian Galetta (Metro's president, director and officer)on June 10, 2022, indicating that Metro was still engaging in efforts to restore its corporate status. However, Metro has not yet done so despite having been multiple continuances. As a result, Metro is not permitted to oppose the instant motion. However, Metro and Brian Galetta filed a joint opposition and thus the Court considers that oppo...

Excerpt: ...esleigh McCaskill, Taylor Sharp (“Sharp”) and Yolanda Rodriguez (collectively “Moving Defendants”) to strike the twelfth cause of action for defamation in Plaintiff Samuel Bernard Johnson III's (“Plaintiff”) First Amended Complaint (“FAC”) pursuant to Code of Civ. Proc. § 425.16 is DENIED. Plaintiff's request for judicial notice is unopposed and granted. As a preliminary matter, the Court rejects Plaintiff's request to deny the m...

Excerpt: ...he court, upon motion, may enter judgment pursuant to the terms of the settlement.” (Code Civ. Proc. § 664.6(a).) In support of its motion, Plaintiff submits evidence the parties signed a written stipulation for settlement of the case. (Karayan Decl., ¶ 3 and Exh. 1) The stipulation agrees to entry of judgment in favor of Plaintiff in the amount of $2,264.85, plus costs of $298.50 for a total judgment in the amount of $2,563.35. (Karayan Decl...

Excerpt: ...laintiff's acquisition and failed to disclose these defects to plaintiff. Plaintiff's complaint asserts that defendants including FCA committed fraud by omission and various violations of the Song‐Beverly Consumer Warranty Act. No trial date has been set. On March 18, 2022, Plaintiff filed the instant motion to compel Defendant to produce a person most qualified for deposition as to 83 different categories. In opposition, Defendant indicated th...

Excerpt: ...onsidered this matter at a hearing on May 3, 2022. In its ruling, the Court identified concerns regarding the proposed First Amended Complaint (“FAC”) and the sufficiency of the evidence regarding notice to the LWDA. The hearing was continued to permit Plaintiff to submit additional evidence and argument to address the Court's concerns. Having considered the original papers along with the supplemental evidence and argument, the Court now rule...

Excerpt: ... action brought by Plaintiffs on behalf of similarly situated individuals. The operative First Amended Complaint alleges causes of action for: (1) failure to pay overtime wages; (2) failure to pay minimum wages; (3) meal period violations; (4) rest period violations; (5) wage statement violations; (6) waiting time penalties; (7) failure to reimburse business expenses; (8) unfair competition; and (9) PAGA. The parties have engaged in formal and in...

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 notice of motion also does not comply with Code of Civil Procedure §1010 or CRC Rule 3.1110(a). The 2...

Excerpt: ...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 Department 53/54. Moving counsel 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 Department 53/54. If moving counsel is unable to contact opposing counsel prior to ...

Excerpt: ...notify the clerk and the opposing 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. *** The notice of motion again does not provide notice of the Court's tentative ruling system, as required by Local Rule 1.06, or the correct address for Department 53/54. Moving counsel is directed to contact...

Excerpt: ...and violation of Civil Code § 3428. Plaintiff alleges she was insured by a health insurance policy issued by Blue Shield which required Blue Shield to pay for medically necessary health care costs. She alleges her doctors recommended that she undergo a lumbar spinal fusion procedure and that Blue Shield improperly denied the request for prior authorization for payment by concluding the surgery was not medically necessary. Blue Shield moves for s...

Excerpt: ... judicial notice, of for example, the fact that Plaintiff failed to file an administrative charge with the Department of Fair Employment and Housing (“DFEH”), the request is improper. Plaintiff's request for judicial notice is granted. In this employment action Plaintiff, who is African American, alleges FEHA causes of action for racial discrimination, harassment, retaliation and failure to prevent discrimination/harassment/retaliation in con...

Excerpt: ...5) aiding and abetting; (6) "malicious (vindictive) prosecution"; (7) abuse of process; (8) wrongful use of civil proceedings; (9) defamation; (10) false light; (11) intentional infliction of emotional distress; (12) negligent infliction of emotional distress and (13) public disclosure of private facts. Defendant and Plaintiff are parties to a Sacramento Superior Court Family Law matter in Case No. 10FL05692. Plaintiff alleges that on May 14, 202...

Excerpt: ...2, 2020, on the 1000 block of Broadway, Sacramento, Sacramento County, CA, Plaintiff SAMUEL RODRIGUEZ was injured while under the authority, supervision, and control of the Sacramento County Sheriffs Work Project Program when the operator of a vehicle owned by the City of Sacramento, negligently operated that vehicle by driving it so as to cause Plaintiffs head to hit a tree, causing him to fall from the City Vehicle and suffer further injuries a...

Excerpt: ... $1,300 per month and did so by direct transfer from his bank account to defendant's bank account. Beginning in 2019, plaintiff began making these $1,300 payments to the Sacramento Department of Child Services (“DCSS”) and then attempted to cancel the ongoing direct transfers to defendant's bank account. In July 2021, plaintiff discovered that the direct transfers from his bank had not stopped and thus, defendant had been receiving two monthl...

Excerpt: ...follows. *** If oral argument is requested, the parties must at the time oral argument is requested notify the clerk and the opposing party of the specific categories for testimony and/or requests for production 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 notice of motion does not provide notice of the Court's tentativ...

Excerpt: ...e (the “Agreement”) of the real property known as the Elliot Building (“Subject Property”) by and between Plaintiff, the owner of the property, and Defendant. (UMF Nos. 1‐ 3.) Pursuant to the lease, Defendant took possession of the premises on or about 2002 and began operation a P.F. Chang's China Bistro restaurant serving primarily Chinese cuisine. (UMF Nos. 4, 9‐10.) Following Defendant's exercise of two options, the lease was set t...

Excerpt: ... filed a motion for summary judgment against both Plaintiffs and the motion was granted as to Plaintiff Rich. The motion was denied as to Plaintiff Osborn, though Defendant prevailed against Plaintiff Osborn at trial and judgment was entered in its favor on April 13, 2022. (ROA 155) The formal order granting summary judgment in favor of Defendant and against Plaintiff Rich was entered on March 14, 2022. (ROA 109) On March 24, 2022, Defendant file...

Excerpt: ...his disability, national origin, religion and gender. The initial complaint was filed on February 20, 2019 and asserted causes of action under FEHA and for retaliation in violation of Labor Code § 1102.5. DBO demurred to the Labor Code § 1102.5 cause of action and the demurrer was sustained without leave to amend in September 2019. Plaintiff now seeks to supplement the FAC to add facts which have occurred since the FAC was filed, though the pro...

Excerpt: ...ffs' counsel's declaration. These exhibits purported to be certain medical records upon which Plaintiffs' expert relied in forming his opinion that Defendant breached the standard of care. However, Plaintiffs' counsel had only declared that the exhibits were true and correct copies. As noted in Defendant's evidentiary objections, “[h]ospital records and similar documents are often admissible as business records, assuming a custodian or records ...

Excerpt: ...this action until July 15, 2022, due to Mr. Leal's ongoing recovery and related complications resulting from a stroke. Defendant previously filed a motion to stay on similar grounds on October 20, 2021. (ROA 99.) At the time, Mr. Leal was residing at a rehabilitation center. The Court continued the hearing on that motion to permit Defendants to submit a supplemental declaration from a person at the center. On January 18, 2022, the Court (Judge Sh...

Excerpt: ...o constitute a cause of action. Plaintiff opposes the demurrer. Analysis Demurrer for Uncertainty “A special demurrer for uncertainty is not intended to reach the failure to incorporate sufficient facts in the pleading, but is directed at the uncertainty existing in the allegations actually made.” (People v. Lim (1941) 18 Cal.2d 872, 883 [118 P.2d 472].) “Such a demurrer should not be sustained where the allegations of the complaint are suf...

Excerpt: ...310 and 2031.320 provide authority for two different motions, the former to compel further code‐compliant responses and the latter to compel the production of documents a party agrees to produce. Here, the notice of motion indicates the motion is brought pursuant to Code of Civ. Proc. § 2031.310. However, the actual relief requested for the RFPs at issue is for the production of documents in compliance with GM's supplemental responses. Further...

Excerpt: ...a three step process. First, the Court 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 (1991) 231 Cal.App.3d 367, 381‐382.) Because a motion for summary judgment or summary adjudication is limited to the issues raised by the pleadings (Lewis v. Chevron (2004) 119 Cal. App. 4th 690, 694), all evidence submitted in sup...

Excerpt: ...is action as the successors‐in‐interest to Nykolaus Woodward (the “Decedent”). (See Complaint). The Complaint alleges causes of action for wrongful death and a survival action pursuant to Code of Civ. Proc. § 337.30. (See Complaint.) Defendants operate a drinking establishment named Folsom State Slickers. (Complaint, ¶ 8.) According to the allegations, Defendants allow known drug dealers to enter the premises and allow money to be excha...

Excerpt: ...ative ruling to Plaintiff Brian Spears within 48 hours. The litigation coordinator is directed to have Mr. Spears available at oral argument on May 26, 2022 at 1:30 pm. Appearance will be by ZOOM. Department 53's Zoom ID is: 161 4650 6749. To appear on Zoom by phone, call (833) 568‐ 8864 and enter 161 4650 6749#. Appearance is required. Defendant John Anderson's (“Anderson”) motion to dismiss for failure to bring to trial is GRANTED. Anders...

Excerpt: ...nts' objection to paragraph 13 of Christopher Stephenson, M.D.'s (“Dr. Stephenson”) declaration is overruled to the extent that the opinions of other Board Certified psychiatrists are among the types of information an expert may reasonably rely upon in forming their own opinion regarding the appropriate standard of care. (Evid. Code § 801(b).) This action arises from a motor vehicle accident. (See Complaint.) Mrs. Knight and Plaintiff Brian ...

Excerpt: ...le to contact counsel for opposing party prior to hearing, counsel for moving party shall be available at the hearing, in person or by telephone, in the event opposing party appears without following the procedures set forth in Local Rule 1.06(B). Plaintiff Yolanda Harper's (“Plaintiff”) motion to compel further responses from Defendant Snider Motors, Inc. to Form Interrogatories, Set One and request for monetary sanctions is ruled upon as fo...

Excerpt: ...n and Suites in Sacramento, California. On October 25, 2018, Plaintiff and Mr. Bolden checked into the hotel. After checking in to the hotel, Plaintiff and Mr. Bolden decided to go have an early dinner. Upon returning to the hotel, Plaintiff and Mr. Bolden found the hotel's entire parking lot, including all disabled parking spots, was cordoned off and blocked with tape and metal garbage cans. Plaintiff complained to agents of Defendants working a...

Excerpt: .... However, the second demurrer heading states “Demurrer to the Third Cause of Action for Intentional Misrepresentation in Plaintiff's TAC.” However, the intentional misrepresentation cause of action is the fourth cause of action in the TAC. The Court will reach the merits of the demurrer to the fourth cause of action despite the deficient notice because Plaintiff filed a substantive opposition addressing the sufficiency of the fourth cause of...

Excerpt: ...nst Starwood, Hines and Thyssenkrupp Elevator Corporation (“TEC”). The action arises from an incident when Plaintiff Anita Zanartu alleges she became stuck in an elevator at the property located at 400 Capitol Mall in Sacramento. Plaintiff alleged Starwood owns the subject property and that the Defendants were negligent in creating a dangerous condition. Starwood and Hines filed a cross‐complaint against TEC alleging causes of action includ...

Excerpt: ...l cannabis cultivation by tenants. Plaintiff alleges City manipulates ordinances to impose strict liability on landlords and used an “unknowing” landlord standard to force settlements all the while ignore provisions of the Health & Safety Code prohibiting the imposition of penalties on unknowing landlords. Plaintiff also contends the City selectively targeted certain ethnic groups, specifically those of Asian descent and conducted sham admini...

Excerpt: ...ly two court days prior to the hearing. As seen from the moving papers, after a number of extensions, Defendant's responses were due on January 18, 2022. No responses were served until March 23, 2022. The responses were not verified and also contained objections which had been waived due their untimeliness. (CCP § 2030.290(a).) “Unsworn responses are tantamount to no responses at all.” (Appleton v. Superior Court (1988) 206 Cal.App.3d 632, 6...

Excerpt: ...rom Folsom Lake Honda. Plaintiffs allege they received written warranties and express and implied warranties from Defendant in connection with the lease of the Vehicle and that the complaint arises from the warranty obligations. (Comp. ¶ 4.) Plaintiffs alleges they delivered the Vehicle to an authorized service and repair facility on numerous occasions for defects in the Vehicle, including defects related to a “Sensing Defect” which causes w...

Excerpt: ...orrect department for the hearing of this motion, the correct address for Dept. 53/54, 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 party is ordered to appear at the hearing. In this action, Plaintiff alleges that he experienced discrimination while shopping in various stores: Home Depot, 99 Cent Only Stores, and Wal �...

Excerpt: ...ounsel of Local Rule 1.06 and the Court's tentative ruling procedure and the manner to request a hearing. Moving counsel is also ordered to appear at the hearing in the event opposing party appears without following the procedures set forth in Local Rule 1.06 (B). Background Plaintiffs John Davis (“Davis”), The Parsonage, LLC, Data International, Inc., Primo Acquisitions I, LLC, and Maggie Funding, LLC (collectively, “Plaintiffs”) filed t...

Excerpt: ...counsel for opposing party prior to hearing, counsel for moving party shall be available at the hearing, in person or by telephone, in the event opposing party appears without following the procedures set forth in Local Rule 1.06(B). Defendant Otis Elevator Company's ("Defendant") unopposed motion to dismiss the action pursuant to Code of Civil Procedure section 583.310 for failure to bring the action to trial within five years is GRANTED. “[A]...

Excerpt: ...serts causes of action for breach of contract, account stated, and open book account. Plaintiff filed the Complaint on September 19, 2019. After receiving leave to amend, Plaintiff filed the operative First Amended Complaint (“1AC”) on September 1, 2020. (ROA 18.) Defendant filed a general denial to both the Complaint and 1AC. (ROAs 7, 22.) Defendant moves to compel arbitration pursuant to the Cardmember Agreement, which contains a provision ...

Excerpt: ... while Plaintiff was attending his pre‐school program. The operative pleading alleges that Plaintiff was sexually assaulted and molested at his pre ‐school program by Mr. Christian Turks, who was a teacher's aide employed by Defendant. Plaintiff alleges that Defendant CDI controlled and operated this preschool program (Raymond Case Child Development Center) where Plaintiff was molested and Defendant CDI negligently hired, retained and supervi...

Excerpt: ...1:30 pm. Appearance will be by ZOOM. Department 53's Zoom ID is: 161 4650 6749. To appear on Zoom by phone, call (833) 568‐ 8864 and enter 161 4650 6749#. Appearance is required. Defendant John Anderson's (“Anderson”) motion to dismiss for failure to bring to trial is GRANTED. Anderson and Plaintiff's separate requests for judicial notice are unopposed and granted in their entirety. CCP § 583.310 provides in its entirety: “An action shal...

Excerpt: ...tiff Pamela Palmieri (“Palmieri”) alleges that she represented Plaintiff Gilliland in a foreclosure related matter. Palmieri alleges she had a contingency fee agreement allowing for a percentage of the gross recovery and also provided her a charging lien for any sums owing for unpaid fees and costs. The Second Amended Complaint (“SAC”) alleges Palmieri associated with Defendants in 2016 and recommended that Gilliland follow her. The SAC a...

Excerpt: ...aring, counsel for moving party shall be available at the hearing, in person or by telephone, in the event opposing party appears without following the procedures set forth in Local Rule 1.06(B). Plaintiff Kelly Jones' (“Plaintiff”) motion for attorneys fees is ruled upon as follows. This is a lemon law action that arises out of Plaintiff's purchase of a 2018 Jeep Renegade. After early settlement attempts were unsuccessful, on December 8, 202...

Excerpt: ...7753 Detroit Boulevard, Sacramento, California. According to the motion, after nine months of payments by unknown parties, SMUD discovered that the subject property's service meter was bypassed, the home was being used as a marijuana grow house, and an estimated $3,000 of electricity per month was misappropriated. Defendant initially represented himself and contends his identity was misappropriated. This matter initially went to a bench trial in ...

Excerpt: ...ide notice of the Court's tentative ruling system, as required by Local Rule 1.06. (See Local Rule 1.06(D).) Moving counsel is directed to contact opposing counsel and advise them of Local Rule 1.06 and the Court's tentative ruling procedure and the manner to request a hearing. Moving counsel is also ordered to be available at the hearing in the event opposing counsel appears without following the procedures set forth in Local Rule 1.06(B). Gover...

Excerpt: ...ara Xavier's residency at a skilled nursing facility. Plaintiff/Decedent's daughter, Plaintiff Pauline McFadden, brings claims individually and as Ms. Xavier's successor‐in‐interest. Defendants contend that Ms. Xavier's claims are subject to binding arbitration because Ms. Xavier signed an arbitration agreement on May 29, 2021 and agreed that “any dispute as to medical malpractice, that is as to whether any medical services rendered under t...

Excerpt: ...Law Group PC's untimely opposition filed and served on May 9, 2022, only seven court days before the hearing. The Court denied as unnecessary Plaintiffs' ex parte request to continue this hearing so that their opposition may be considered. Defendants were able to file a complete reply, albeit one day late which is of course excused due to the late opposition. Given that Defendants were able to file a meaningful reply, the Court shall address the ...

Excerpt: ... on today's calendar by way of the Court's April 22, 2022 ex parte order. In his 186 page first amended complaint (“FAC”) containing 709 paragraphs, 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. In addition, the FAC alleges a twelfth cause of action for defamation against CDT and 19 forme...

Excerpt: ... pursuant to Government Code § 815.2; and (3) Violation of Government Code § 815.6. The SAC arises from allegations that “cybercrimes” were being committed against Plaintiff and his family. He alleges that he first contacted Defendant in August 2017 to ask for help. (SAC ¶ 50.) Plaintiff alleges that “cyber criminals” were targeting his small business and his two minor children. (Id. ¶ 55.) He alleges that the “cyber criminals” we...

Excerpt: ...able to contact counsel for opposing party prior to hearing, counsel for moving party shall be available at the hearing, in person or by telephone, in the event opposing party appears without following the procedures set forth in Local Rule 1.06(B). The motion of Defendant City of Sacramento (“City”) to compel further responses to the City's Special Interrogatories, Set One (“SROGs”), is GRANTED, in part, and DENIED, in part. The City pro...

Excerpt: ...tional time, beyond any limits imposed by this section, if needed to fairly examine the deponent or if the deponent, another person, or any other circumstance impedes or delays the examination.” This is a medical malpractice action brought by the successors in interest of their brother, Matthew Simpson (“Decedent”). Plaintiffs Beverly Simpson and Jennifer Taylor (collectively “Plaintiffs”) assert claims against multiple defendants, incl...

Excerpt: ...ient's relative that Respondent was prescribing various opioids to the patient for seven to eight years, which combined with the patient's alcoholism, resulted in a marked decline in the patient's health. (Cogan Decl., ¶ 2.) The complaint included information that the patient had been involved in an alcohol‐related motor vehicle collision and several suicide attempts. (Cogan Decl., ¶ 2.) In a telephone interview, the patient admitted to a lif...

Excerpt: ...ve pleading is the TAC, which was filed on November 1, 2021 and asserts causes of action for (1) negligence, (2) concealment, and (3) intentional misrepresentation. The TAC sets forth the following allegations: In August 2012, HBE Corporation (“HBE”) hired Plaintiff as a subcontractor to install a Modified Bitumen built‐up roofing (“BUR”) system at the Frank R. Howard Memorial Hospital (“the Project”). (TAC ¶ 4.) Defendant Scott wa...

Excerpt: ...ws. Plaintiffs' Ex Parte The Court notes that on the same day Plaintiffs filed their opposition brief, Plaintiffs filed an ex parte application to allow an oversized brief in support of Plaintiffs' opposition to the instant petition. (ROA 35‐ 39.) Days later, on May 4, 2022, Plaintiffs filed a Proposed Order granting their ex parte application. (ROA 40.) Plaintiffs failed to comply with CRC Rule 3.1113(e) which requires a party to apply to file...

Excerpt: ... a Welfare & Institutions Code § 5150 psychiatric evaluation. Mercy Folsom Hospital has an arrangement with Defendant BHC Heritage Oaks Hospital, Inc. (“Heritage Oaks”) for PET evaluators to assess patients in the Mercy Folsom Hospital emergency department for 5150 involuntary holds for evaluation and treatment. Mr. Brody presented to Mercy Folsom Hospital to conduct an evaluation of Mr. Cannon. Mr. Brody evaluated Mr. Cannon and spoke with ...

Excerpt: ...hile no class member indicated any intent to appear at the hearing, this does not relieve the parties from appearing at the hearing or otherwise render the instant ruling final in the event oral argument is not requested. The Court will not render a final ruling until it holds the final approval hearing. Any and all appearances for the hearing may be made via Zoom. For class members not otherwise required to appear, to request oral argument on th...

Excerpt: ...inez (the “Decedent”) was a resident at Defendant's adult residential facility Cupino Home (the “Facility”). In the FAC, Plaintiffs allege the Decedent was diagnosed with Autism Spectrum Disorder. (FAC ¶ 30.) Plaintiffs allege she was “essentially non‐verbal with a history of substantial defects in the areas of self‐care, communication, and cognition. Like many with autism, new situations or new persons or caregivers were stressful...

Excerpt: ...um selection clause designating Indiana as the exclusive forum. In the complaint Plaintiffs allege causes of action against Defendants for violation of the Song‐ Beverly Consumer Warranty Act, the Magnusson‐Moss Warranty Act and violation for Business & Professions Code § 17200. Plaintiffs allege they purchased a RV from Demartini RV Sales on August 13, 2021 which was manufactured by Forest River. Plaintiffs allege that Ford manufactured the...