Excerpt: ...f served a deposition on Mrs. Mullin. Defendant moves for a protective order prohibiting Plaintiff from proceeding with the deposition on the ground that Mrs. Mullin's testimony regarding her conversations with Defendant are protected under the privilege, and thus are outside the scope of discovery. (Motion, 2:8-10.) Trial is currently scheduled for May 15, 2023. Defendant insists that any relevant testimony which Plaintiff might obtain from Mrs....

Excerpt: ...ber 6, 2022, pursuant to the subject arbitration agreement, Anthem designated JAMS as the dispute resolution organization. (Pytel Decl. 5.) Plaintiff made a demand for arbitration with JAMS on December 12, 2022. (ld. 6.) Plaintiff contends that JAMS sent Anthem an invoice for the fees to initate arbitration on December 22, 2022, and that the invoice stated that the fees were due upon receipt of the invoice. (ld. 7, 8.) The invoice was directed to...

Excerpt: ... LLC ("Bradview LLC"), and 92612 Dunes Lane LLC ("Dunes LLC") (collectively, "Defendants"). The original complaint includes eight causes of action: (1) breach of fiduciary duty; (2) aiding and abetting breach of fiduciary duties; (3) violation of unfair competition law; (4) common law fraud; (5) constructive fraud; (6) negligent misrepresentation; (7) breach of implied covenant of good faith and fair dealing; and (8) declaratory relief and injunc...

Excerpt: ...riginal complaint, Plaintiff alleges that Defendant has worked as a sign language interpreter for Plaintiff's mother, Linda Cook, who is 79 years old and hearing impaired. Plaintiff also alleges that Defendant and Ms. Cook became friends over the years, and that Ms. Cook placed significant trust in Defendant. Beginning in February of 2021, Plaintiff began to notice that her mother's cognitive functioning was declining. In January of 2022, Plainti...

Excerpt: ...are and treatment of Lawrence Moody resulted in a spinal cord injury. At issue on the instant motion are Plaintiff Ann Downs' responses to Defendants' request for production No. 36 and special interrogatory No. 40. Request for production No. 36 asked Plaintiff for all documents in their possession from a legal proceeding in which Picetti testified. Special interrogatory No. 40 asked Plaintiff to identify all document in their possession from a le...

Excerpt: ...nly opposes the request for sanctions. No declaration was submitted. No later than May 10, 2023, Plaintiff shall serve verified responses, without objections, to Defendant's form and special interrogatories (sets one). To the extent responses were served after the motion was filed comply with the above, they need not be reserved. Defendant's request for sanctions is denied as the motion was unopposed on the merits. Although California Rules of Co...

Excerpt: ...ring, moving counsel is ordered to appear at the hearing by Zoom or by telephone. Plaintiff Roberto Perez Lozano's ("Plaintiff") motion to compel arbitration is ruled upon as follows. Background Plaintiff's Allegations This action arises from Plaintiff's purchase of a used 2012 Chevrolet Silverado from Defendants Abe's Motor Sports ("Abe's") and Tripoli Group Inc. ("Tripoli") (collectively, "Dealer Defendants") on February 19, 2022. Plaintiff ini...

Excerpt: ...or judgment on the pleadings. Plaintiff opposes the request for reconsideration. A party may seek reconsideration of an order "based upon new or different facts, circumstances, or law." (Code Civ. Proc. S 1008(a).) A motion for reconsideration under this statute must be filed within 10 days of service of written notice of entry of the order. (Ibid.) The moton must be supported by an affidavit identifying "what application was made before, when an...

Excerpt: ...as follows. Background This case involves allegations of dependent adult neglect and negligence against multple defendants. On July 12, 2021, Plaintiff Michael Tanner ("Decedent") was hospitalized due to a wound on his left heel that ultimately resulted in the amputation of Decedent's left leg above the knee. (FAC, Para. 25.) On August 2, 2021, Decedent was admitted to Oak Ridge Healthcare Center ("Oak Ridge") for skilled nursing care and rehabil...

Excerpt: ...J. Smith within 48 hours. The litigation coordinator is directed to have Plaintiff Delbert J. Smith available at oral argument. 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 1514650 6749#. Appearance is required. Defendants California Department of Corrections and Rehabilitation ("COCR") and Kathleen Allison ("Allison") (collectively "Defendants") demurrer to incarc...

Excerpt: ...n order from the Court allowing it to file an oversized memorandum. Nevertheless, the Court considered the entirety of the memorandum. In the future, Defendant shall conform to the applicable page limits or obtain an order from the Court allowing it to exceed those limits in accordance with the Rules of Court. In this foreclosure action, Plaintiffs allege causes of action for (1) negligence; (2) Violation of Civil Code SS 2924.12/2924.17; (3) Fra...

Excerpt: ...critically ill with cancer "and in no condition to respond to anything and did not have the capacity to understand the nature and seriousness of being served with a complaint." (Nelson Decl., '15.) On August 19, 2022, Monte committed suicide. (Nelson Decl., '1 6.) Jean was unaware of this lawsuit or that Monte had been served with a complaint until after Monte's death. (Nelson Decl., 7.) On October 18, 2022, attorney Pamela Nelson ("Pamela") sent...

Excerpt: ...rica, LLC (9th Cir. 2022) 23 F.4th 942. This is a lemon law action. Plaintiff alleges causes of achon against Defendant Ford Motor Company ("Defendant") for violations of the Song-Beverly Consumer Warranty Act (SongBeverly) in connection with his purchase of a 2021 Lincoln Aviator ("Vehicle") from Defendant. Plaintiff alleges he received warranties through the sale of the Vehicle, including a bumper- tobumper and a powertrain warranw. (Comp. 9.) ...

Excerpt: ...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; steed v. Department of consumer Affairs (2012) 204 cal.App.4th 112, 120- 121.) Procedural History Plaintiff filed the initial complaint in this action on October 8, 2021, against Defendants Western Dental Services, Inc. ("Western Dental") and Jooyoung Oh ("Oh"). In the original complaint, Plai...

Excerpt: ...f action, affrmative defense, or claim for damages. (Code Civ. Proc. S 437c(f)(1); Hindlin v. Rust (2004) 118 Cal.App.4th 1247, 1255.) When a party seeks summary adjudication, "the specific cause of action, affirmative defense, claims for damages, or issues of duty must be stated specifically in the notice of motion and be repeated, verbatim, in the separate statement of undisputed material facts." (Cal. Rules of Court, rule 3.1350(b).) Plaintiff...

Excerpt: ...Dep't of Transp. (1997) 15 Cal.4th 543, 590; Steed v. Department of Consumer Affairs (2012) 204 Cal.App.4th 112, 120-121.) l. Overview This action concerns a child dispute in which Defendants, an attorney and her law firm, allegedly distributed a sexually explicit text message exchanged in private between Plaintiffs Jane Ræ ("Jane") and John Doe ("Doe") in a child custody matter. Defendants also distributed images of Jane's intmate parts. John w...

Excerpt: .... *** Defendant Sacramento Regional Transit District's ("Defendant") motion to compel Plaintiff Tariq Castillo's ("Plaintiff") further responses to discovery is ruled upon as follows. This is a personal injury action. Plaintiff, a minor, alleges that on November 29, 2017, he was a passenger on a bus owned and operated by Defendant. The driver of the bus made a maneuver to avoid a collision, causing Plaintiff to be ejected from his seat and hit hi...

Excerpt: ..."Plaintiff") failure to prosecute. The Court will address the motion to dismiss pursuant to Code Civ. Proc. S 583.360 first as it is dispositive. "[A]n action shall be brought to trial within five years after the action is commenced against the defendant." (Code Civ. Proc. S 583.310.) "[A]n action shall be dismissed... after notice to the parties, if the action is not brought to trial within the time prescribed in this article." (Code Civ. Proc. ...

Excerpt: ...�N. (FAC, 55; Todd Decl., 1.) On May 16, 2022, Plaintiffs filed the First Amended Complaint, which added a claim by Plaintiff Gill for conversion of $18,758.91 in cryptocurrency. (FAC, '1 18.) On January 30, 2023, Plaintiffs brought the instant motion to reclassify the action as an unlimited civil case. Before the deadline to amend the initial pleading, a plaintiff may move to reclassify an action upon a showing the case has been classified in an...

Excerpt: ...d 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, along with the correct address for Dept. 53/54. 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 2.111(3) The opposition papers were not timely ...

Excerpt: ...oving 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, along with the correct address for Dept. 53/54. 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. Plaintiff failed to comply with CRC Rule 3.1110(f)(3), requiring exhibits to be ...

Excerpt: ...plaint on January 24, 2019, identifying Ridge Elk Grove, LP.; Anton Ridge, LLC; Pacific Housing, lnc; and Does 1-30 as defendants. (ROA 1.) On August 26, 2019, Plaintiffs filed a Doe Amendment identifying Doe 1 as Anton Residential, Inc. (ROA 37.) Defendants contend there are no other defendants named in this action. Plaintiffs filed a First Amended Complaint on July 7, 2020. (ROA 76.) On October 22, 2020, the Court granted Defendants unopposed m...

Excerpt: ...s Register of Actions. Pursuant to the Court's directive, plaintiff refiled its opposition and filed its related declaration. Having considered plaintiff's opposition, the Court now rules defendants' motion as follows. Factual Background This is a declaratory relief action wherein plaintiff seeks to challenge defendants' "erroneous interpretation of Section 1516(b) of the [Unclaimed Property Law]." (Compl., p.1:20-24; p.2:10-11.) Defendants filed...

Excerpt: ..."), et al.'s moton to dismiss this action pursuant to Code of Civil Procedure and CRC Rule 3.1342 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 proce...

Excerpt: ..., 3, 4, 6, 7, 8, 11, 15, and 19; and Requests for Production of Documents, Set One, numbers 27, 31-33, 69, and 103 is GRANTED as follows. Plaintiffs properly filed three separate motions as is the Court's preference, but filed a consolidated memorandum of points and authorities and Defendant filed a consolidated opposition. Accordingly, the Court will address all three motions herein. Plaintiffs' request for judicial notice of the operative Compl...