Excerpt: ...led upon as follows. Opposing counsel failed to comply with CRC Rule 3.1110(b)(3)-(4). Factual Background This achon arises out of a 2020 motor vehicle accident on Interstate 5 in Elk Grove. According to the IAC, defendant Vargas-Zaragoza was at the time driving his employer's Ford F-150 with a load of rebar and lost control, striking several other vehicles. The IAC includes an "Exemplary Damages Attachment" which includes inter alia the followin...

Excerpt: ...tter (i.e., before 4:00 p.m. today), it will take place beginning at 1:15 p.m. tomorrow, Tuesday, March 28, 2023. *** *** If oral 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 24 undisputed Material Facts, which of plaintiffs' five (5) Additional Material Facts will be addressed at the hearing. The parties should be prepared to point to specific admi...

Excerpt: ...ourt's 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 in person, by Zoom or by telephone. While this Court granted on 2/14/2023 defendants' mo...

Excerpt: ...ly requested on this matter (i.e., before 4:00 p.m. today), it will take place beginning at 1:15 p.m. tomorrow, Tuesday, March 28, 2023. *** *** If oral argument is requested, the parties must at the time oral argument is requested notify the clerk and opposing counsel of the specific causes of action that will be addressed at the hearing. Counsel are also reminded that pursuant to local rules, only limited oral argument is *** Factual Background...

Excerpt: ... for plaintiffs' failure to bring it to trial within three years of commencement is ruled on as follows. The 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 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...

Excerpt: ...oton does not provide the correct address for Dept. 53/54. Moving counsel failed to comply with CRC Rule 3.1350(b) and (h), requiring that issues presented for summary adjudication be stated in the notice of motion and repeated verbatim in the separate statement. 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 direc...

Excerpt: ...ailed to comply with CRC Rule 3.1110(b)(3). Opposing counsel failed to comply with CRC Rule 3.1110(b)(4). Factual Background This action arises out of plaintiff's investments in defendants' business. The complaint filed on 8/24/2020 asserts causes of action for breach of contract, common counts, fraud, conversion and various statutory violations. Trial is currently set to commence on 5/9/2023 and this motion has been specially set on shortened ti...

Excerpt: ...Court's 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 in person, by Zoom or by telephone. Moving counsel failed to comply with CRC Rule 3.111...

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: ...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: ...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: ...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: ... 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: ...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: ...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: ...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: ...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: ...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: ...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: ... ("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: ...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: ...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: ... 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...

Excerpt: ...nt (the “Vehicle”). Plaintiff alleges that within a week of purchase, Plaintiff had to take the Vehicle in for repair and discovered defects from exhaust and emission control system that had been removed, causing the Vehicle to emit a bluish‐white smoke which triggered the vehicle's warning system, making It unsafe to drive and violated California law. Plaintiff filed the operative First Amended Complaint (“FAC”) in this matter on Novem...

Excerpt: ...directed to contact Plaintiff forthwith and advise her of Local Rule 1.06, the Court's tentative ruling procedure, and the manner to request a hearing. FACTS Plaintiff, in propria persona, filed her Complaint in this action on September 8, 2020. Plaintiff filed her First Amended Complaint on May 24, 2021 (ROA 75). Therein, as near as the Court can tell, Plaintiff alleges that her uncle, defendant Leo Curry, defrauded her deceased mother, and thus...

Excerpt: ...cle Museum Tower Assn. v. Pinnacle Market Development (US), LLC (2012) 55 Cal.4th 223, 244 [145 Cal.Rptr.3d 514, 282 P.3d 1217].) “The party seeking arbitration bears the burden of proving the existence of an arbitration agreement, and the party opposing arbitration bears the burden of proving any defense, such as unconscionability.” (Id. at p. 236.) An arbitration agreement must generally be memorialized in writing, but acceptance of the agr...

Excerpt: ...l. Rules of Court, rule 3.1350 to submit a single compendium of the evidence offered by each party in support or opposition to the motion. While the parties are admonished for their failure to comply, the Court finds the parties were not prejudiced by their respective failures and will consider the evidence presented. As a further preliminary matter, Plaintiff's request for a continuance is denied. The Court previously denied Plaintiff's ex parte...

Excerpt: ...orms the same function as a general demurrer, and hence attacks only defects disclosed on the face of the pleadings or by matters that can be judicially noticed.” (Cloud v. Northrop Grumman Corp. (1998) 67 Cal.App.4th 995, 999.) “In reviewing the sufficiency of a complaint against a general demurrer, we are guided by long‐settled rules. ‘We treat the demurrer as admitting all material facts properly pleaded, but not contentions, deduction...

Excerpt: ... only limited oral argument is permitted on law and motion matters. *** Both moving and opposing parties failed to comply with CRC Rule 3.1110(b)(3)‐(4). Factual Background Plaintiff in pro per Riley filed on 11/10/2021 a complaint purporting to assert against several defendants including but not limited to Mitchell (and the Law Offices of Christie Mitchell) a total of 13 causes of action for (1) false imprisonment; (2) assault; (3) negligence;...

Excerpt: ...Rule 3.1110(a). The proof of service attached to the moving papers fails to comply with Code of Civil Procedure §1013a, requiring the “exact title” of each document being served. The moving and reply papers fail to comply with CRC Rule 3.1110(b)(3)‐(4). Factual Background This action arises out of plaintiff's employment with defendant GIG beginning in June 2014. The operative Third Amended Complaint purports to allege against several defen...

Excerpt: ...cle accident which resulted in injuries to numerous individuals including plaintiff Tashawnene Carter. The parties allegedly responsible for the subject accident had relatively small insurance policies and they later tendered the limits of each policy to reach a global settlement. Plaintiff Richmond agreed to settle his injury claims for a total payment of $35,000, although her total medical expenses exceed $200,000. In February 2021 DHCS agreed ...

Excerpt: ...int on August 19, 2019. Plaintiff alleges causes of action against Defendants Heritage Inn of Sacramento, LLC, et al. for conversion, trespass to chattels, and intentional infliction of emotional distress. He appears to allege that he was a long‐ term guest at a hotel owned by Defendants and that an unknown person broke into his storage locker and stole his property in December 2015. Defendants served their motion for summary judgment on March ...

Excerpt: ...ge that Defendant operated the long‐term acute care hospital where Joseph Pacheco was allegedly neglected which ultimately led to his death. At issue on Plaintiffs' motions are Defendant's responses to form and special interrogatories and request for production. The Court must note that while Plaintiffs ostensibly filed three separate motions for each set of discovery, they filed a single memorandum of points and authorities which does not refe...

Excerpt: ...��), Plaintiff alleges that Defendants own real property at 221 Richards Boulevard (“Subject Property”). Plaintiff leases the Subject Property pursuant to a commercial lease (the "Lease"). Plaintiff alleges that Defendant Safelite Fulfillment, Inc. leases other real property from Defendant which is adjacent to the Subject Property. Plaintiff alleges that it leased the Subject Property to use for its corporate headquarters and that its loading...

Excerpt: ...ng Plaintiff's insured on September 25, 2020. Plaintiff alleges that its insured collided with a street sign due to a lack of visible warning signs. Plaintiff alleges that Defendant is liable for the loss based on a dangerous condition of property under Government Code § 835. In Plaintiff's original complaint filed on September 2, 2021, it alleged that it submitted a government claim with the City on October 2, 2020 and that the City rejected th...

Excerpt: ...ase.” (Jay v. Mahaffey (2013) 218 Cal.App.4th 1522, 1535.) “[S]ection 425.16 requires that a court engage in a two‐step process when determining whether a defendant's anti‐SLAPP motion should be granted. First, the court decides whether the defendant has made a threshold showing that the challenged cause of action is one ‘arising from' protected activity. [] If the court finds such a showing has been made, it then must consider whether ...

Excerpt: ...pel arbitration where a written agreement to arbitrate exists and a party to the agreement refuses to arbitrate, unless the party seeking to compel arbitration has waived the right to arbitration. “[A]rbitration is a matter of consent, not coercion.” (Pinnacle Museum Tower Assn. v. Pinnacle Market Development (US), LLC (2012) 55 Cal.4th 223, 244 [145 Cal.Rptr.3d 514, 282 P.3d 1217].) “The party seeking arbitration bears the burden of provin...

Excerpt: ...rmer employees of Defendant Bahn Thai, Inc. (dba Thai Basil Café / Veg Café & Bar) (“Defendant”). According to Plaintiff's Complaint, Defendant required Plaintiff and similarly situated employees (“Plaintiffs”) to work without paying them for all the time they were under Defendant's control and required Plaintiffs to use their personal cell phones for work without reimbursement. (Complaint, (¶¶ 8, 108.) Also, Plaintiffs were not affor...

Excerpt: ... drug activities and prostitution at property located at 1319 30th Street, Sacramento, California (the “Property”). LEG was the owner of the Property. 2002 Investors had a commercial lease to operate a hotel business at the Property. The underlying case resolved on June 25, 2015, following the entry of a stipulated judgment (“Stipulated Judgment”). (See Compendium of Evidence (“COE”) Exh. 1.) The Stipulated Judgment requests the Court...

Excerpt: ...de. (See Complaint.) After engaging in formal discovery and conducting an investigation the parties participated in mediation with Lisa Klerman serving as the neutral. (Han Decl., ¶¶ 12‐15.) With the assistance of the mediator, the parties reached a proposed Confidential Settlement Agreement and Release (the “Settlement”). (Han Decl., ¶¶ 9, 15‐16 and Exh. 2.) The Labor Workforce Development Agency (“LWDA”) was timely notified of t...