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: ...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: ...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: ...”) 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: ... 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: ... 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: ...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: ... 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: ...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: ...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: ...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: ...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: ...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: ...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: .... 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: ...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: ... 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: ...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: ...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...