Excerpt: ...gages in 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 submi...

Excerpt: ...p.m in Department 53. (Code of Civ. Proc. § 382; Cal. Rules of Court, rule 3.769.) Background This is a wage and hour class action for various alleged violations of the Labor Code by Defendant Fleetcor Technologies Operating Company, LLC (collectively “Defendant”). Plaintiff commenced this action by filing a complaint on behalf of herself and other non‐ exempt employees of Defendants. The operative pleadings is the First Amended Complaint ...

Excerpt: ...JN”). In its RJN, BANA cites to Evidence Code section 452(h) and seeks judicial notice by the Court of two documents attached thereto which BANA describes as follows: Exhibit A: “Credit Card Agreement for Thomas M. Witte” dated August 2014 Exhibit B: “Changes to Your Credit Card” dated August 2015 (ROA 105.) The Court notes that BANA's RJN in support of its demurrer is nearly identical to BANA's previously‐filed Request for Judicial N...

Excerpt: ...d previously been damaged, totaled and salvaged. Plaintiffs sued for fraud, rescission and other statutory violations. In early 2022 the parties agreed to a settlement which was memorialized in writing and on 4/15/2022, plaintiffs filed pursuant to CRC Rule 3.1385 a Notice of (Conditional) Settlement of the Entire Case, thereby removing this action from the Court's civil active list. To date, no request for dismissal of this action has been filed...

Excerpt: ...ed by Local Rule 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 notice of motion also does not comply with Code of Civil Procedure §1010 or CRC Rule 3.1110(a). Fac...

Excerpt: ...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. Moving counsel failed to comply with CRC Rule 3.1110(b)(3)‐(4). Opposing counsel failed to comply with CRC Rule 3.1110(b)(3). Factual Background This 2015 action is well known to the Court and in sum, it aris...

Excerpt: ...at 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. *** Both moving and opposing counsel failed to comply with CRC Rule 3.1110(b)(3)‐(4). Factual Background This 2015 action is well known to the Court and in sum, it arises from an alleged real estate partnership between plaintiffs Angelica Lynn and Angel Lynn Realty (“ALR”) on the one...

Excerpt: ...t) and for declaratory relief. Plaintiff has since dismissed the declaratory relief cause of action. Plaintiff's causes of action arise from allegations that he had agreements with certain parties (“DPG parties”) which provided that he would have a first position security interest as to money that he lent/invested which was collateralized by the DPG parties' assets, including an automobile sub‐prime loan portfolio titled in the name of Spri...

Excerpt: ...ion filed on August 31, 2022, Defendant's counsel indicates Plaintiff's counsel conceded that Defendant did not owe her a fiduciary duty and was willing to dismiss the second cause of action for breach of fiduciary duty which would also impact the third cause of action for constructive fraud premised on the existence of a fiduciary duty. (Shirley Decl. ¶ 11.) Defendant's counsel asked Plaintiff's counsel if he wanted to file a third amended comp...

Excerpt: ...or rehearing challenged the holding that once individual PAGA claims have been ordered to arbitration, the remaining non‐individual PAGA claims should be dismissed for lack of standing. The petition for rehearing was denied on August 22, 2022. The Court's original tentative ruling addressed the merits of the motion and indicated that in the event that petition was denied, it would grant the motion to compel and would dismiss the matter. However...

Excerpt: ...sonal 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. At issue on the instant motion is a complaint filed by Sam's siblings (Anna FingMorgan, et al.) (the “Siblings”) against Defendant and Defendant's cross‐petition for an “Order Confirming Trust Assets” in response to the Siblings' complaint. Generally, the Siblings allege Sam engaged in misco...

Excerpt: ...ruck which crossed an opposing lane of traffic and collided with the Decedent's vehicle. The collision resulted in the Decedent's death. Plaintiffs allege that Defendants Amazon Logistics, Inc., JC's Express Lanes, Mian Transportations, Inc., and Jose R. Colon, Jr., were in the commercial trucking industry and were engaged in “the owning, leasing, dispatching, hiring, operating, servicing, brokering, maintaining, entrusting, renting, and/or lea...

Excerpt: ...bility 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 me...

Excerpt: ...ss, depression, lack of appetite and fatigue”. (Comp. ¶ 20.) Plaintiff also alleged harassment causes of action against individual defendants ("Defendant's employees”). Prior to Plaintiff's deposition, she produced 87 pages of unredacted mental health records which were marked confidential and produced pursuant to the parties' stipulated protective order. Defendant then served a subpoena for the production of records to Kaiser Permanente whe...

Excerpt: ...violation of Health & Safety Code § 1430(b), wrongful death, medical malpractice, and more. The action arises from the care the Decedent received at Defendant's skilled nursing facility. Defendant moves to compel the action to arbitration on the basis that Richard Holben (“Richard') signed an Arbitration Agreement in connection with the Decedent's admission to the facility in November 2020. Defendant contends Richard had the authority to sign ...

Excerpt: ...homas in Case No. 34‐ 2022‐00313560 as authorized representatives of the Labor and Workforce Development Agency (LWDA) and similarly situated individuals who were employed by Defendant Career Systems Development in California between January 28, 2019 and June 19 2022. Plaintiff Alexander asserted claims premised on the alleged failure to pay overtime, failure to pay minimum wages, failure to provide meal and rest period premiums, failure to r...

Excerpt: ... The opposition also asserts that plaintiff's motion here fails to comply with the provisions of CRC Rule 3.1324 and that several of the proposed causes of action are either time‐barred or otherwise deficient. Defendant's Request for Judicial Notice, which attaches copies of court filings, is unopposed and is granted. This action, commenced on 2/8/2022, arises out of plaintiff's employment with defendant. The present complaint purports to asser...

Excerpt: ...ult of a gift deed from Charles Watson who has since died. Plaintiff contends that he desires to sell the property but Defendant has refused. Plaintiff asserts that he has been the only one maintaining the property, paying the taxes, etc. and that it has become unduly burdensome. Plaintiff now seeks summary judgment and an interlocutory judgment of partition and sale pursuant to Code of Civil Procedure §§ 872.210 and 872.710. Defendant filed a ...

Excerpt: ...ion by sale of a single‐family home located in Sacramento (“the Property”). Chiment alleges as follows: (1) Hall purchased the Property in November 1998 and told Chiment that she would become a part owner following Hall's divorce; (2) by 2001 Hall made Chiment a joint tenant of the Property; (3) a dispute developed between Chiment and Hall and Chiment left the Property in March 2022; (4) Hall has solely occupied the Property since the dispu...

Excerpt: ...to October 27, 2022, at 1:30 PM, in this Department, so that parties can engage in continued good faith meet‐and‐confer efforts. The notice of motion provides the incorrect address of Department 53. The correct address for Department 53 of the Sacramento County Superior Court is 813 6th Street, Sacramento, California 95814. Plaintiff filed her operative First Amended Complaint (“FAC”) against Defendants on July 6, 2021. (ROA 20.) Plaintif...

Excerpt: ...tion as a concession of its merits. In this elder abuse action Plaintiffs served the subject deposition notice (along with approximately 46 other notices) on April 7, 2022. (Dudensing Decl. Ex A.) At issue on this particular motion are the depositions of Folsom Investors' employees, originally noticed for the following dates: Brenda Hicks ‐ May 24, 2022 Malissa Ehrman ‐ May 24, 2022 Allie McCutchan ‐ May 25, 2022 Chantel Krahn ‐ May 25, 2...

Excerpt: ...Act. (Third Amended Complaint, "TAC," ¶¶ 7, 23.) Plaintiff alleges that when he tried to pick up his game tickets at the will‐call table that day, Krivacic took the envelope containing Plaintiff's tickets from an attendant at the table, examined Plaintiff's tickets, and gave the tickets back to the attendant, who then gave the tickets to Plaintiff. (TAC ¶ 7.) Plaintiff alleges that Krivacic did not examine the tickets of other customers and ...

Excerpt: ... Superior Court is 813 6th Street, Sacramento, California 95814. On June 16, 2021, Plaintiff filed his complaint against Happe and Defendant Main Street Associates, Inc. (“Main Street”) alleging several causes of action including breach of contract and fraud. (ROA 1.) Plaintiff eventually dismissed all causes of action against Ronald Happe and all causes of action against Main Street except the breach of contract cause of action. (ROA 12.) On...

Excerpt: ...See Cal. Rules Court, rule 3.1300(d).) Further, there are numerous deficiencies regarding service of Plaintiff's opposition. Plaintiff appears to have signed his own proof of service, and because he is a party, it was impermissible for him to do so. (Code Civ. Proc., § 1013a.) The corresponding proof of service only states that “I HEREBY CERTIFY that I mailed a copy of the foregoing pleading to opposing counsel of record, postage prepaid, this...

Excerpt: ...e Sacramento Superior Court website at https://www.saccourt.ca.gov/courtreporters/docs/crtrp‐6a.pdf. Parties may contact Court‐Approved Official Reporters Pro Tempore by utilizing the list of Court Approved Official Reporters Pro Tempore available at https://www.saccourt.ca.gov/court‐reporters/docs/crtrp ‐13.Pdf A Stipulation and Appointment of Official Reporter Pro Tempore (CV/E‐206) is required to be signed by each party, the private ...

Excerpt: ...or Court website at https://www.saccourt.ca.gov/courtreporters/docs/crtrp‐6a.pdf. Parties may contact Court‐Approved Official Reporters Pro Tempore by utilizing the list of Court Approved Official Reporters Pro Tempore available at https://www.saccourt.ca.gov/court‐reporters/docs/crtrp ‐13.Pdf A Stipulation and Appointment of Official Reporter Pro Tempore (CV/E‐206) is required to be signed by each party, the private court reporter, and...

Excerpt: ...he Sacramento Superior Court website at https://www.saccourt.ca.gov/courtreporters/docs/crtrp‐6a.pdf. Parties may contact Court‐Approved Official Reporters Pro Tempore by utilizing the list of Court Approved Official Reporters Pro Tempore available at https://www.saccourt.ca.gov/court‐reporters/docs/crtrp ‐13.Pdf A Stipulation and Appointment of Official Reporter Pro Tempore (CV/E‐206) is required to be signed by each party, the private...

Excerpt: ...te at https://www.saccourt.ca.gov/court‐ reporters/docs/crtrp‐6a.pdf. Parties may contact Court‐Approved Official Reporters Pro Tempore by utilizing the list of Court Approved Official Reporters Pro Tempore available at https://www.saccourt.ca.gov/court‐reporters/docs/crtrp ‐13.Pdf A Stipulation and Appointment of Official Reporter Pro Tempore (CV/E‐206) is required to be signed by each party, the private court reporter, and the Judge...

Excerpt: ...acramento Superior Court website at https://www.saccourt.ca.gov/courtreporters/docs/crtrp‐6a.pdf. Parties may contact Court‐Approved Official Reporters Pro Tempore by utilizing the list of Court Approved Official Reporters Pro Tempore available at https://www.saccourt.ca.gov/court‐reporters/docs/crtrp ‐13.Pdf A Stipulation and Appointment of Official Reporter Pro Tempore (CV/E‐206) is required to be signed by each party, the private cou...

Excerpt: ...avor of LMA and judgment was entered on November 24, 2014. (ROA 170‐171.) The Court also granted several motion by LMA for attorney's fees. On October 9, 2018, Esch filed a notice of appeal of an order granting attorney's fees incurred on appeal. (ROA 608.) The Appellate Court affirmed the award of attorney's fees, awarded LMA its costs on appeal, and a remittitur was issued. (ROA 619.) On June 29, 2021, LMA brought a further motion for an awar...

Excerpt: ...ailed to serve the opposition by a means “reasonably calculated to ensure delivery to the other party or parties not later than the close of the next business day after the time the opposing papers or reply papers, as applicable, are filed.” (Code Civ. Proc. § 1005(c).) The Court agrees Plaintiff's service of the opposing papers via regular mail failed to comply with this requirement. However, Attorney Defendants claim they were prejudiced i...

Excerpt: ...urate, non‐evasive response that was properly authenticated with a code‐compliant verification. (Adams Decl., ¶ 5) Plaintiff now moves for an order deeming the truth of the matters specified in the RFAs to be admitted. The record indicates Defendants moved for a protective order on July 22, 2022. (ROA 134; Code Civ. Proc. § 2033.080) The motion was subsequently continued for a concurrent hearing with the instant motion. In its tentative rul...

Excerpt: ...plaintiff in pro per's written discovery requests is ruled upon as 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 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 does not provide ...

Excerpt: ... Harms (“Harms”), a nurse employed by Dignity Health, while Plaintiff was a patient in Dignity Health's intensive care unit (“ICU”). Defendant seeks judgment on the pleadings as to the entire complaint on grounds it fails to state facts sufficient to constitute a cause of action. Defendant also seeks judgment as to the second through sixth causes of action on grounds the claims are barred by the applicable statute of limitations. Finally,...

Excerpt: ...itled the Second Amended and Restated Loan Agreement (“SARLA”), which required La Posta to pay back money it had borrowed from YAN to finance the construction of a casino. YAN's sole recourse for a failure to pay the debt would be to seize the casino revenues and casino‐related assets, unless YAN obtained a final determination that La Posta had committed fraud in connection with the agreement. After La Posta failed to make payments, YAN com...

Excerpt: ... that caused her to leave work on May 20, 2019. (Compl., ¶ 6.) Plaintiff further alleges that her physician recommended she take a leave of absence until July 22, 2019, and thus she was terminated during her medical leave of absence. (Compl., ¶ 6.) Plaintiff filed her complaint in this action on June 14, 2021 and alleged a total of seven causes of action. The first five causes of action are based on the Fair Employment and House Act (“FEHA”...

Excerpt: ...Plaintiff asserts that Defendant Metkeo Keomany applied for and received a loan from Plaintiff and ultimately defaulted on said loan after making some payments. (UMF Nos. 1‐6, 10.) In its complaint, Plaintiff asserts a single cause of action for common counts based on an open book account for money due and an account stated in writing between Plaintiff and Defendant. According to Plaintiff's computerized records of the loan, which are maintaine...

Excerpt: ...rt'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. Defendant has indicated the incorrect address in its notice of motion. The correct address for Department 53 of the Sacramento County Superior Court is 813 6th Street, Sacramento, California 95814. Counsel for Defendant shall notif...

Excerpt: ...” or “Decedent”), by and through his Successor in Interest, Dennis Aguilar (collectively, “Plaintiffs”). Defendants' motion is ruled upon as set forth herein. I. BACKGROUND This action was initiated on November 10, 2015 (Register of Actions ("ROA") 1) and was granted preference on March 15, 2016 (ROA 28) while Decedent was still living. Decedent died on May 26, 2017. The case was assigned for trial to this Court (Judge Richard K. Sueyos...

Excerpt: ...breach of contract; (2) promissory fraud; (3) elder abuse; and (4) negligence. Plaintiff's elder abuse claim is based on Welfare and Institutions Code section 15600, et seq. (hereafter, “Elder Abuse Act”), and thus Plaintiff seeks the heightened remedies provided in those statutory provisions. Specifically, Plaintiff seeks recovery for compensatory damages and attorneys' fees and costs as specified in Welfare and Institutions Code section 156...

Excerpt: ...ode §§ 288 (a) and 288(b)(1) in Sacramento Superior Court Case No. 21FE000951 based on allegations he sexually abused and molested Plaintiff. Defendant moves to stay this civil matter pending resolution of the criminal case. He contends that absent the stay, he will be precluded from offering a meaningful defense without waiving his Fifth Amendment rights. Plaintiff opposes the motion on the basis that it is premature because there is no pendin...

Excerpt: ...onversion, undue influence, breach of trust, constructive trust, and unjust enrichment. Plaintiff, is the nephew of decedent Eva Walker, who passed away in January 2019. Plaintiffs allege that following the Decedent's husband's death, Defendant and Elke Muelder “increasingly insinuated” themselves into the Decedent's personal and financial affairs, including but not limited to intimidating her into cutting off contact with other people and ex...

Excerpt: ... complaints is granted. The Court declines Crossroads' request to consider the instant motion unopposed due to Plaintiffs' untimely filings. It is true that the opposition was filed and served one day late on September 1, 2022 and that an amended separate statement and declaration were filed on September 7, 2022. But the amended documents only appeared to include a deposition transcript of a deposition clearly referred to in the opposition. In an...

Excerpt: ...whether a proposed settlement in a class action is fair. (Rebney v. Wells Fargo Bank (1990) 220 Cal. App.3d 1117, 1138.) The law favors settlement, particularly in class actions and other complex cases where substantial resources can be conserved by avoiding the time, cost, and rigors of formal litigation. (See Newberg on Class Actions 4th (4th ed. 2002) § 11.41 (and cases cited therein); Class Plaintiffs v. City of Seattle (9th Cir. 1992) 955 F...

Excerpt: ...ting Janssen Malloy's motion to quash on the basis that Plaintiff's claims against them were barred by tribal sovereign immunity. ( Acres v. Marston (2021) 72 Cal.App.5th 417.) Janssen Malloy also had a pending antiSLAPP motion which the Court declined to reach because it found it was moot as a result of its ruling on the motion to quash. Janssen Malloy now demurs to the complaint and also renews its previously filed anti‐ SLAPP motion. The Cou...

Excerpt: ...ity discrimination against the CDT. In his 186 page FAC containing 709 paragraphs, Plaintiff added 19 additional causes of action and 20 new defendants. The FAC 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 the CDT. Due to the voluminous nature of the FAC, the Court is simply unable to summarize the allegations i...

Excerpt: ...eeyear 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. Defendant is proceeding in pro per and without counsel in this contract action. The Complaint alleges the following causes of action: (1) Breach of Contract; (2) Breach of Fiduciary Duty; (3) Fraud and Deceit; (4) Breach of Contract (Unjust Enrichment/ Restitution); (5)...

Excerpt: ...at “In about mid ‐ 2017, Plaintiff was diagnosed with breast cancer and went through a bilateral mastectomy with immediate reconstruction surgery. Thereafter, Plaintiff also had to undergo a hysterectomy. Next, Plaintiff was proscribed a course of chemo‐therapy. Plaintiff informed her direct supervisor Erik Smith of her medical/physical disabilities and went out on a medical leave of absence. While on medical leave, Plaintiff left several m...

Excerpt: ... are directed to notify the clerk and opposing counsel at the time of the request which of moving defendants' 12 separate issues for summary adjudication, which of moving defendants' 205 Undisputed Material Facts, which of plaintiff's 45 Additional Material Facts and/or which of defendants' 40 objections to evidence will be addressed at the hearing. The parties should be prepared to point to specific admissible evidence already in the record whic...

Excerpt: ...hase of nut products. The contracts provided that “[a]ny claim relating to this contract, shall be settled by arbitration by the DFA [Dried Fruit Association of California] with its rules and judgment may be entered upon the award.” Petitioner claimed Respondents ordered nut products from it which they did not pay for. Petitioner initiated arbitration with the DPA and arbitration was held on January 20, 2022 before a three‐person panel of t...