Excerpt: ...ns. Multiple exhibits are attached to the FAC bringing it to a total of 102 pages. The FAC was styled as a putative class action but the class allegations were dismissed on January 21, 2022. (ROA 77) The FAC alleges seven causes of action for breach of contract, fraud, negligent misrepresentation, cancellation of instrument, violation of the Consumer Legal Remedies Act, violation of the Unfair Competition Law and for declaratory relief. Plaintiff...

Excerpt: ...y Tradition, Inc., (“VFT”) Defendant's insured in Los Angeles Superior Court. In the underlying action Plaintiffs alleged that VFT and others caused physical damage to their residence. Plaintiffs allege that the judgment obtained against VFT on July 9, 2020, became final on January 5, 2021. In the first cause of action Plaintiffs allege that Defendant's policy issued to VFT covers the judgment in the underlying action. In the second cause of ...

Excerpt: ...nc. for violation of the California Franchise Investment Law, violation of the Cartwright Act, unfair business practices, fraud, breach of covenant of good faith and fair dealing accounting, and declaratory relief. (Complaint, ¶¶ 45‐ 96.) On August 12, 2021, Sourdough Inc. filed a CrossComplaint against Sourdough LLC, alleging two causes of action: (1) breach of contract and (2) fraud and deceit. (ROA 13; Cross‐Complaint, ¶¶ 8‐18.) On N...

Excerpt: ...ul eviction, trespass, fraud, and cancellation of instruments against numerous defendants. Plaintiff alleges he is the owner to real property at 2919 Aquino Drive in Sacramento which he inherited from his father. He also alleged that Santana is the current title holder. (TAC ¶ 15.) He alleges that in November 2019, he executed a deed of trust on the subject property in exchange for a $51,000 loan. (Id. ¶¶ 17‐18) The loan included a December ...

Excerpt: ...s. FACTUAL BACKGROUND This case centers on Proposition 21, an initiative that appeared on the California ballot on November 3, 2021. If approved by the voters, Proposition 21 would have permitted local governments to impose rent control on a wider range of properties. (Complaint, ¶ 13.) Plaintiff Yes on 21, Homeowners and Tenants United to Keep Families in Their Homes, Sponsored by AIDS Healthcare Foundation (“Plaintiff”) is a California pol...

Excerpt: ...or the "Gilbert Parties”) Complaint. Aoki Movants' Motion is GRANTED as follows. Defendant Joanna Mendoza joins in the Aoki Movants' Anti‐SLAPP Motion. Plaintiffs filed no specific opposition to the joinder. The request for joinder is granted. Defendant Joanna Mendoza is included in reference to Aoki Movants. Plaintiff's Request for Judicial Notice is granted. Aoki Movants' Request for Judicial Notice and Request for Judicial Notice in Reply ...

Excerpt: ...o Plaintiff here, Lobel Financial Corp., which filed the instant action. Defendant did not respond to the Complaint as required by the Code of Civil Procedure and default was requested and entered on June 26, 2017. Defendant now moves to set aside the default on the grounds that he was unaware of the instant action because he was never appropriately served with the Complaint and only learned of this action when informed in December 2021 that his ...

Excerpt: ...e the tentative ruling to Plaintiff Allen Hammler within 48 hours. The litigation coordinator is directed to have Plaintiff Alan Hammler available at oral argument on February 10, 2022 at 1:30 pm. Appearance will be by ZOOM. Department 53 Zoom ID is: 841 204 6267. To appear on Zoom by phone, call (888) 475‐4499 or (877) 853‐5257 (toll‐ free) and enter 841 204 6267#. Appearance is required. Defendants Ralph Diaz, et al.'s motion for an order...

Excerpt: ...ts. Background The operative complaint in this case is the Third Amended Complaint ("TAC") filed by Plaintiffs Gloria Single (“Ms. Single”) and CLTCOA (collectively, "Plaintiffs"). Ms. Single, now deceased, was a resident of Pioneer House, and alleged that she was unlawfully discharged from the facility in violation of Health and Safety Code section 1430(b). The Court previously granted summary adjudication in favor of Ms. Single on her first...

Excerpt: ..., 2021 WL 5911481 (U.S. Dec. 15, 2021) (“Viking River Cruises”). No trial date has been set in this action. Plaintiff Scott McKillop (“Plaintiff”) opposes. Request for Judicial Notice Plaintiff's Request for Judicial Notice, which attaches the “Question Presented” from the United States Supreme Court's docket, is granted. In taking judicial notice of these documents, the Court accepts the fact of their existence, not the truth of thei...

Excerpt: ...further responses to interrogatories must be accompanied by a declaration showing a reasonable and good faith attempt at an informal resolution of each issue presented by the motion. (Code Civ. Proc., § 2030.300(b).) This rule is designed to encourage the parties to work out their differences informally so as to avoid the necessity for a formal order. (Townsend v. Superior Court (1998) 61 Cal.App.4th 1431, 1435.) The level of effort at informal ...

Excerpt: ... now filed an Amended Separate Statement, and in response, Plaintiff has filed Amended Opposition documents. Plaintiff's Amended Complaint alleges seven causes of action for Breach of the Warranty of Habitability, Retaliatory Eviction, Negligence, Intentional Infliction of Emotional Distress, Negligent Infliction of Emotional Distress, Libel, and Slander arising from her plaintiff's residential tenancy. Plaintiff signed a written Rental Agreement...

Excerpt: ...rek (“Plaintiff”) alleges she suffered injuries from two separate falls on two separate occasions: the first, at an apartment complex owned and operated by Defendant Burnet‐Nemrow Sandpiper, LP (“Burnet”), and the second, two days later at a clinic owned and operated by Dignity, where Plaintiff was being assessed after her first fall. (See generally, First Am. Compl.) Plaintiff's pleading contains causes of action for negligence (agains...

Excerpt: ... 340.) On the Court's own motion, the hearing was continued to today. In this action, Plaintiffs allege that they are officers and directors of Sacramento A‐1 Doors and were engaged in the process of selling the company's assets. They allege that they relied on Defendants, their insurance brokers, to obtain ongoing Directors & Officers (“D&O”) insurance coverage after the sale of the company's assets. Plaintiffs allege that they believed th...

Excerpt: ... to file a reply. In this employment action Plaintiff alleges numerous FEHA causes of action arising out of her former employment with Defendant as an Instructional Assistant. She alleges causes of 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 retaliati...

Excerpt: ...Plaintiffs allege that Kiranjit Kaur holds a 68% interest in Payal Investments, LLC and Mirage 4 U, LLC ("Mirage") and that Defendant Harpreet Kaur owns the other 32%. Payal owns real property located in Sacramento and Mirage operates at banquet hall at the property and caters to a Sikh clientele for weddings, anniversaries, birthdays and other special events. Plaintiff Raja Singh is Kiranjit Kaur's husband and it is alleged that all contribution...

Excerpt: ...espectively. In her motion Defendant cites to both CCP § 473.5(a) and CCP § 473(d). Defendant contends that she was never properly served with the complaint. Defendant declares that she did not reside at the 79 Aiken Way address at which the proof of service states that she was served by way of substitute service. (Hernandez Decl. ¶ 2.) The proof of service states that Defendant was served by way of substitute service on June 5, 2019 through s...

Excerpt: ... property. Plaintiff desired to build the residence for use as an investment property. Plaintiff contends that after construction was finished there were numerous defects in the residence which has prevented the sale of the property. At issue on the instant motion are Defendant's amended responses to Plaintiff's requests for production Nos. 2 and 3. Request No. 2 asked for production of all documents that supported Defendant's responses to Plaint...

Excerpt: ...��Presson”) Cross‐Complaint pursuant to CCP § 425.16 is GRANTED AND DENIED IN PARTS as follows. Request for Judicial Notice Cross‐Defendants' request for judicial notice of the register of actions in Sacramento Superior Court Case No. 34‐2020‐ 00278230 is granted pursuant to Evidence Code § 452(d). Objections Cross‐Defendants' objections to Presson's evidence are SUSTAINED as to objection nos. 2, 4, 7, 11 and OVERRULED as to all oth...

Excerpt: ...st for Production of Documents Nos. 1, 3, 9, 17, 34‐75, 83, and 84 is ruled on as follows. Moving counsel's notice of motion does not provide notice of the Court's tentative ruling system, as required by Local Rule 1.06. Moving counsel is directed to contact opposing counsel and advise counsel 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 counse...

Excerpt: ...sComplaint, and Defendant Donna Pohlman's (Cross‐Complainant Pohlman”) CrossComplaint. The motion is UNOPPOSED and GRANTED. Legal Standard In evaluating a motion for summary judgment or summary adjudication the court engages in a three step process. The Court first 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 (1...

Excerpt: ... of the “Court's November 29, 2021 Ruling on the Ex Parte Application for Approval of the Receivership Plan and Increase in Receiver's Certificate” is denied. Defendant seeks reconsideration of the Court's November 29, 2021 Ex Parte order that approved the Court‐appointed Receiver Richardson Griswold's request for approval of the receivership plan and request for increase in Receiver's certificate from the previously approved $50,000 amount...

Excerpt: ...nership effective as of that date. (Khella Decl., ¶ 7 and Ex. A.) Defendant contends that in doing so, Plaintiff withdrew from the partnership and became a disassociated partner. Defendant now has exclusive control over Prit Market's operations and continues to operate the business. Plaintiff and Defendant have filed a complaint and cross‐complaint, respectively, alleging a breach of fiduciary duty, breach of partnership agreement and accounti...

Excerpt: ... 17, 2022 at 1:30 pm. Appearance will be by ZOOM. Department 53 Zoom ID is: 841 204 6267. To appear on Zoom by phone, call (888) 475‐4499 or (877) 853‐5257 (toll‐free) and enter the Zoom ID referenced above. Appearance is required. On December 20, 2021, plaintiff filed a "Request for Extension of Time" seeking to continue the oral argument from this date to February 6, 2022 due to a continued Covid outbreak in his unit and his inability to ...

Excerpt: ...as a Battalion Chief at its Santa Clara Unit (“SCU”). (FAC, ¶¶ 7‐8.) Plaintiff's position held responsibility for state and local government contracts. (FAC, ¶ 10.) Plaintiff contends he was told to obtain bids solely from Ron Paris Construction. (FAC, ¶ 14.) Plaintiff contends that he disclosed a personal conflict with that company and was told it did not create a conflict of interest because of a preexisting relationship between Ron P...

Excerpt: ...ondos, John Sargetis, and United Law Center (collectively “Defendants”). Defendants filed three identical oppositions and objections to the motions. The court incorporates by reference its ruling denying Plaintiff's Motion as to each defendant and denies this defendant's motion for the same reasons. Item 2 2018‐00233339‐CU‐NP Pamela J. Palmieri vs. Stephen Foondos Nature of Proceeding: Filed By: Motion to Compel Responses to Production ...

Excerpt: ...d Nationstar's respective requests for judicial notice are granted. In taking judicial notice of these documents, the court accepts the fact of their existence, not the truth of their contents. (See Professional Engineers v. Dep't of Transp. (1997) 15 Cal.4th 543, 590 [judicial notice of findings of fact does not mean that those findings of fact are true]; Steed v. Department of Consumer Affairs (2012) 204 Cal.App.4th 112, 120‐121 [“[W]hile t...

Excerpt: ... (The Court notes that it was required to take the background information pertaining to this dispute from Ford's Complaint, since Boyd fails to provide any sort of underlying facts or context for the claims in his own CrossComplaint.) As part of the agreement, Ford Credit agreed to finance the lease of the vehicle, and the contract was concurrently assigned to Ford Credit. According to the Complaint in this action filed by Ford, Boyd failed to ma...

Excerpt: ...") filed in this action on or about August 3, 2021 ("SAC") is overruled. Defendants demur to the SAC on grounds of claim preclusion; i.e., that the PAGA claims at issue in this case have already been adjudicated as part of a class action settlement in a Los Angeles action. (P&As at 7.) Defendants argue that the Judgment in another action resolved the State of California's PAGA penalty claims through the date of the Judgment, and bars Smigelski fr...

Excerpt: ... allege that the operations at ARA and AHC's facility, located at 875 Alfalfa Plant Road (hereinafter the "Facility"), which operates as a pet food manufacturer, have created public and private nuisances, health and safety risks, and environmental degradation. All Plaintiffs live within a radius of 3,500 feet to four miles from Defendants' Facility. Plaintiffs' operative complaint makes several allegations with regard to emotional distress suffer...

Excerpt: ... this action, Plaintiff is suing his prior court‐appointed counsel, Michael Aye (“Aye”), for his failure to return Plaintiff's criminal case file in federal case number 2:12‐CR‐00073‐TLN‐CKD1 in the Eastern District of California. Plaintiff has attempted to obtain his files directly from Aye, the State Bar of California, and through subpoenas in the Eastern District of California. Plaintiff alleges that the failure to obtain his fil...

Excerpt: ... 998 Offers to Compromise "offering to resolve this matter . . . in exchange for a dismissal with prejudice of this action the amount of Two Thousand Dollars and Zero Cents ($2,000.00), plus costs and reasonable attorneys' fees as determined by the Court." (Webber Decl. ¶ 9, Exh. 2 (emphasis in original).) Defendants timely accepted their respective 998 Offers on December 4, 2021. (Webber Decl. ¶¶ 10, Exhs. 3‐4.) Plaintiff now seek $134,120....

Excerpt: ...ff Allen Hammler within 48 hours. The litigation coordinator is directed to have Plaintiff Alan Hammler available at oral argument on February 10, 2022 at 1:30 pm. Appearance will be by ZOOM. Department 53 Zoom ID is: 841 204 6267. To appear on Zoom by phone, call (888) 475‐4499 or (877) 853‐5257 (toll‐free) and enter 841 204 6267#. Appearance is required. Defendants Ralph Diaz, et al.'s motion for an order requiring Plaintiff Allen Hammler...

Excerpt: ...ecedent”) for prostate cancer by several physicians at Kaiser. Plaintiff alleges that the physicians did not adequately inform the Decedent regarding the effects of certain medications including Lupron, Effexor, radioactive gold seeds and radiotherapy. As an initial matter, this case was set in Department 54. Judge Krueger recused himself on January 27, 2021, pursuant to CCP § 170.1(a)(3)(A) and (a)(3)(b)(ii) due to a testamentary event. Prior...

Excerpt: ...n action regarding changing the methods by which City Council members are elected within timeframes set forth in the Elections Code. Defendant's demurrer to Plaintiffs' complaint was sustained with leave to amend on March 17, 2021 on the basis that Plaintiffs had not exhausted the administrative remedy provided under Elections Code § 10010 which is a prerequisite to commence their CVRA action and requires a plaintiff to wait 45 days to file an a...

Excerpt: ...rgo Bank (1990) 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 ...

Excerpt: ...ndant now seeks attorney fees in the amount of $6,007.50 and $607.05 in costs as the prevailing party. Defendant relies upon a contractual attorney's fees provision in the underlying loan. Plaintiff opposes the motion on the basis that fees are not available because it filed a voluntary dismissal of the entire action on January 27, 2022 and alternatively challenges the amount of the requested fees. The Court notes that the dismissal was not enter...

Excerpt: ... heard on August 18, 2021. The motion was continued and Plaintiff sought an ex parte application for an OST to file a motion to lift the discovery stay imposed by CCP § 425.16(g) in order to conduct discovery regarding the alleged defamatory statements. Plaintiff then dismissed the action before any of the motions could be heard. On September 23, 2021, the date the anti‐SLAPP motion was to be heard, the Court indicated that while it no longer ...

Excerpt: ...ollowing causes of action: (1) race discrimination in violation of the Fair Employment and Housing Act (“FEHA”); (2) failure to prevent discrimination and retaliation in violation of FEHA; (3) whistleblower retaliation in violation of Labor Code section 1102.5; (4) wrongful termination in violation of public policy; and (5) intentional infliction of emotional distress. Defendant issued three subpoenas to Plaintiff's former employers, Comcast ...

Excerpt: ...document request 1 through 11 to the notice of deposition for Scott Morris. Plaintiffs/Cross‐ Defendants also request sanctions in the amount of $3,060. The motion is ruled on as follows. The documents requested relate to Kronick's finances before and during their representation of Bank. Bank alleges the documents are highly relevant and show (1) Kronick took on the underlying case and excessively litigated it to generate fees needed to keep th...

Excerpt: ...y adjudication if all the papers submitted show that there is no triable issues as to any material fact and that the moving party is entitled to judgment as a matter of law. (Code Civ. Proc. § 437c(c); Mann v. Cracchiolo (1985) 38 Cal.3d 18, 35.) Section 437c(c) imposes an affirmative duty on a court to grant a summary judgment motion in an appropriate case. (Preach v. Moister Rainbow (1993) 12 Cal.App.4th 1441, 1450.) The Court must decide if a...

Excerpt: ...ion does not provide notice of the Court's tentative ruling system as required by Local Rule 1.06(D). Moving counsel is ordered to notify other parties immediately of the tentative ruling system and to be available at the hearing, via Zoom audio or video, in the event any party appears without following the procedures set forth in Local Rule 1.06(B). Plaintiffs filed their complaint on August 1, 2017, against several defendants, including Settlin...

Excerpt: ...ilitation of the property located at 6600 Medallion Ct., Citrus Heights, California ("Subject Property") and granted the receiver certain powers and duties. (Register of Actions, “ROA” 24.) The City now seeks an order declaring that the City is the prevailing party in its Receivership Petition regarding the conditions of the Subject Property and to recover its costs, expenses, and fees incurred in the action in the amount of $22,475.71 and an...

Excerpt: ...d the first loan with a second loan from Defendants, again secured by the same two properties, and executed a note for $1.23 million. After defaulting on the note, Plaintiff entered into a settlement agreement with Defendants on or about August 27, 2018 In that agreement, Plaintiff granted general releases and waived Civil Code section 1542, releasing all known and unknown claims against Defendants. Moving parties here signed the settlement agree...

Excerpt: ...Tom Langeland (“Langeland”) remove items from 1127 21st Street in Sacramento (“the Property”). (Complaint, ¶ 7.) Langeland and Defendant TEL Enterprises, Inc. (“TEL”) employed two servants (“Does 1 and 2”) and dropped them off at the Property along with Plaintiff and a truck. (Ibid.) Langeland provided a moving dolly and instructions to remove items from the second floor of the Property and place them in the back of a truck. (Ibi...

Excerpt: ...l grant final approval of the class action settlement, subject to certain conditions, the Court must still hold a hearing on the motion as it may involve the receipt of evidence. Although the Court anticipates that no party will request oral argument, and while 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 ora...

Excerpt: ...their existence, not the truth of their contents. (See Professional Engineers v. Dept. of Transp. (1997) 15 Cal.4th 543, 590; Steed v. Dept. of Consumer Affairs (2012) 204 Cal.App.4th 112, 120‐121.) Plaintiff Mountain F Enterprises, Inc., filed this action on March 4, 2020, for declaratory relief, predicated on a fire that occurred when Defendant Chriso's Tree Trimming was felling a dead cedar tree a few miles from the south entrance to Yosemit...

Excerpt: ...in 1993 as joint tenants; Plaintiff's father passed away in 2002 and Plaintiff became the sole owner of the property. (See UMF 1.) The property is located in Campus Commons Village, which is a common‐interest development with a homeowner's association (HOA). Pursuant to the HOA's Covenants, Conditions, and Restrictions (CC&Rs), residents must pay assessment to the HOA. If the assessments are not paid, the CC&R authorize a trustee designated by ...

Excerpt: ...orothy MacPhail surreptitiously took partnership profits for their own personal gain without benefit to the partnerships. In connection with the previous rulings, the Court ordered the parties to meet and confer to potentially stipulate to the appointment of a discovery referee. The Court has repeatedly encouraged the parties to discuss the issue of a discovery referee. It does appear from the opposition papers that the parties are engaged in eff...

Excerpt: ... and confer in person or by telephone to determine whether an agreement can be reached that would resolve the moving party's objections. (CCP § 435.5(a).) Written correspondence is not sufficient. The hearing is continued to March 2, 2022, for the parties to meet and confer in person or by telephone. No later than February 21, 2022, Defendant shall file and serve a declaration regarding the results of the meet and confer, and whether an agreemen...

Excerpt: ...February 10, 2022 at 1:30 pm. Appearance will be by ZOOM. Department 53 Zoom ID is: 841 204 6267. To appear on Zoom by phone, call (888) 475‐4499 or (877) 853‐5257 (toll‐free) and enter 841 204 6267#. Appearance is required. Defendants Ralph Diaz, et al.'s motion for an order requiring Plaintiff Allen Hammler to Post Security pursuant to CCP § 391.1 is granted. Defendants' request for judicial notice is granted. As seen from the request, P...

Excerpt: ...rous Defendants including Defendant David Smith, M.D., resulted in the Decedent's death. By way of the instant motion, Plaintiff seeks an order quashing certain deposition subpoenas for the production of business records issued by Defendant David Smith. The subpoenas are directed to Plaintiff's former employers ‐‐ the U.S. Marshals Service and the U.S. Department of Agriculture. The subject subpoenas seek “[a]ny and all documents related to...

Excerpt: ...STEP”). Plaintiff alleges that STEP committed numerous Labor Code violations. On December 2, 2020, this Court granted STEP's petition to compel arbitration of Plaintiff's individual and class claims and to stay the action. Plaintiff now seeks leave to file a first amended complaint adding a single cause of action seeking penalties pursuant to the Private Attorneys General Act of 2004 (“PAGA”). Plaintiff has not, however, made any motion to ...

Excerpt: ...sly rejected Pacific Pride's request to continue because it failed to follow the proper procedures to request a continuance. (ROA 67) Despite its claim that a continuance would promote judicial economy, Pacific Pride set the motion for this date, an opposition was filed premised on this date, and the Court has prepared the ruling on this motion for this date. This action arises out of an incident on February 8, 2019 in which Defendant Jose Luis R...

Excerpt: ...ht homes. The names, addresses, and purchaser status of the proposed plaintiffs are identified in Exhibit 1 to the declaration of Haejung Kim. Plaintiffs allege the proposed plaintiffs are proper to join this action based on the common nexus of law and fact with Plaintiffs who also own homes originally construed by developer Lennar Homes of California, Inc. Plaintiffs argue that joinder will save the Court and all parties significant time, resour...

Excerpt: ...nor Travelers Indemnity Company of Connecticut (“Travelers”) on behalf of Cross‐Defendant Zayas, Incorporated, a suspended California corporation, sued herein as Zayas, Inc. (“Zayas”) (collectively, “Contractor Defendant/Cross‐Defendants”) and Plaintiff The Regents of the University of California is UNOPPOSED and is GRANTED. The notice of motion does not provide notice of the Court's tentative ruling system as required by Local Ru...

Excerpt: ...o or video, in the event Defendant appears without following the procedures set forth in Local Rule 1.06(B). Plaintiff's request for judicial notice is granted. In taking judicial notice of these documents, the court accepts the fact of their existence, not the truth of their contents. (See Professional Engineers v. Dep't of Transp. (1997) 15 Cal.4th 543, 590 [judicial notice of findings of fact does not mean that those findings of fact are true]...