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Excerpt: ... tentative ruling system, as required 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. State Farm served the subject RFAs by electronic mail on September 10...

Excerpt: ...ing from the Individual Defendants alleged harassment of and discrimination against Plaintiff while working in their capacity as agents and employees of Markstein. (See Complaint.) Plaintiff also asserts claims against Markstein for retaliation and wrongful termination after Plaintiff complained about the harassment and discrimination. (Ibid.) Defendants move to compel arbitration on grounds Plaintiff signed an arbitration agreement that governs ...

Excerpt: ...limitations. As a preliminary matter, it is unclear whether Defendants intend to demurrer to the original complaint or the First Amended Complaint (“FAC”) filed on December 31, 2020 (ROA 14.). The Court presumes Defendants intended to demur to the operative pleading. As the demurrer was filed on August 18, 2022 the Court treats the demurrer as objecting to the FAC. The function of a demurrer is to test the sufficiency of the pleading it chall...

Excerpt: ...to the data recorder in Circle's vehicle, three and a half seconds before the collision, Circle was traveling 86 miles per hour.' The speed limit at the subject location is 40 miles per hour. At the same time that Circle was zooming down Coloma Road at more than double the speed limit, Defendant Adam Bills ("Bills") attempted a left turn from southbound Georgetown Drive onto eastbound Coloma Road. Bills testified he looked to his left before init...

Excerpt: ... would "rent" the subject real property at 4476 Louvre Lane, Sacramento, CA from defendant by making all the mortgage payments and that when the house was sold the parties would share the proceeds. Plaintiff contends defendant breached the contract by failing to explain the increase in mortgage payments. Defendant contends that the contract cause of action fails to state facts sufficient to constitute a cause of action and is also uncertain. CCP ...

Excerpt: ... with the plaintiff and that the debt is owed by Goodrum. Defendant contents the judgment must be set aside on the following grounds: (1) inadvertence, surprise, mistake, or excusable neglect; (2) service of summons did not result in actual notice; (3) judgment was obtained through fraud by the Plaintiff; (4) the relief sought is not supported by the allegations in the complaint; and (5) lack of jurisdiction due to fact that proof of service was ...

Excerpt: ...quired that any disputes arising out of the Lease or relationship arising out of the Lease shall be resolved by binding arbitration on an individual basis, if either party so elects. (Lease, Exhibit 2 to Decl. of Ali Ameripour ("Ameripour Decl.").) Defendant contends the arbitration provision in the Lease requires Plaintiff to arbitrate the claims against non‐signatories such as MBUSA, because Plaintiff asserts a claim that arises out of or rel...

Excerpt: ...l Hospital by a nurse. Plaintiff is a seventy‐two (72) year old man who was admitted to Mercy General Hospital in Sacramento in July 2020, after suffering a heart attack. (See Complaint at ¶ 8.) While in the hospital, post‐surgery, plaintiff was sexually assaulted by a nurse employed by Defendant Dignity. The nurse was employed at the time by Defendant Dignity. Plaintiff contends Dignity should have been aware of, and prevented, the assault ...

Excerpt: ...gument on January 19, 2023 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. Self‐represented incarcerated Plaintiff Delbert Smith's motion to “add ‘amendment to a complaint'” is granted. Plaintiff alleges that he was injured as an inmate porter at California State PrisonSacramento. His form complaint appears ...

Excerpt: ...Complaint (“FAC”).) Defendants are automobile dealerships. (FAC, ¶¶ 3‐4.) In August 2021, Plaintiff purchased the subject vehicle. (FAC, ¶ 9.) Plaintiff alleges the vehicle has a bad engine that needs to be replaced. (FAC, ¶¶ 12‐13.) Plaintiff alleges the salesman misrepresented the condition of the vehicle and expressly, falsely stated the engine was in great condition and did not need any mechanical attention. (FAC, ¶¶ 10‐11.) ...

Excerpt: ... ("Defendant") and therefore whether the Court may properly consider this motion. On January 22, 2021 Defendant filed a notice of stay indicating this action has been automatically stayed as the result of Defendant's petition for bankruptcy pending before the United States Bankruptcy Court for the Eastern District of California. (ROA 66.) There is no formal indication in the record that the stay has been lifted. However, on September 21, 2021, ba...

Excerpt: ...s objections to evidence as they are immaterial to the Court's decision. Legal Standard In evaluating a motion for summary judgment or summary adjudication the Court engages 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 motio...

Excerpt: ...ss. 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 support of or in opp...

Excerpt: ...Superior Court (2008) 169 Cal.App.4th 744, 761.), Moreover, the Court notes Plaintiff cites to these decisions only as authority that a motion for summary adjudication for an interlocutory judgment in a partition action is procedurally proper. (See Memorandum, p. 4:2‐5.) As there is no contention that the instant motion is procedurally improper, the trial court decisions have no relevance to any issue currently in dispute. Defendant Khalid Yusu...

Excerpt: ...ontinental Financial Network, Baker Group, Kelbaker Inn, Shoshore Partners, Halloran Pros (collectively “Named Defendants”), and All Persons Unknown, Claiming Any Legal or Equitable Right, Title, Estate, Lien, or Interest in the Property Described in the Complaint Adverse to Plaintiffs Title, or Any Cloud on Plaintiffs Title Thereto (“Unknown Defendants”) by publishing the summons and complaint in the Sacramento Gazette, a newspaper of ge...

Excerpt: ...ent for an indoor cannabis cultivation operation. (FACC, ¶¶ 11‐13.) AGS alleges it provides highly customized climate control systems which require design work. (FACC, ¶¶ 8 and 19.) AGS alleges Adel breached the contract by paying only 50% of the total contract price and failing to make the second installment payment due at the time of shipping. (FACC ¶¶ 17‐20.) In order to provide Adel an opportunity to pay the second and third install...

Excerpt: ... 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. Plaintiff also failed to comply with California Rules of Court, rule 3.1350(g), which requires the evidence be separately bound in a single volume of evidence (including declarations) and have a table of content...