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: ...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: ...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: ...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: ... 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: ...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: ...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: ...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: ...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: ...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: ... (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: ...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: ...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: ...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: ...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: ...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: ...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: ...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: ...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...