Excerpt: ...ction arises from the death of Christine Patton (“Decedent”), an 82-year-old hospice resident of a residential care facility for the elderly owned and/or operated by Defendants. Decedent sustained an injury at the facility on September 20, 2017, and subsequently died. The original complaint was filed in this matter by Decedent's daughters, Plaintiffs Valerie Sikich, Vicki Vankeuren, and Sheila Kinross ("Plaintiffs"), on August 27, 2018. Plain...

Excerpt: ...tively, “Defendants”) and advise of Local Rule 1.06 and the Court's tentative ruling procedure and the manner to request a hearing. If Plaintiff is unable to contact Defendants prior to hearing, Plaintiff is ordered to appear at the hearing. California Code of Civil Procedure § 664.6 provides: “If parties to pending litigation stipulate, in a writing signed by the parties outside the presence of the court or orally before the court, for se...

Excerpt: ... bring the instant motion to extent the five year statute in CCP § 583.310 to encompass the current July 2, 2024 trial date. As seen below, the Court will deny the motion to extend the five year statute without prejudice. Further, any motion for trial setting preference shall be directed to the Presiding Judge. “[A]n action shall be brought to trial within five years after the action is commenced against the defendant.” (CCP § 583.310.) “...

Excerpt: .... The Clinic has filed a concurrent application for writ of attachment against Dr. Smith, which presents the same arguments and evidence presented by Mr. Patel in his application. As a result, the Court is addressing both applications in this single ruling. Dr. Smith has opposed. Factual and Procedural Background This action arises from a business dispute in connection with Dr. Smith's sale of his medical clinic to Mr. Patel. Plaintiffs Dr. Smith...

Excerpt: ... fact of their existence, not the truth of their contents. (Herrera v. Deutsche Bank Nat'l Trust Co. (2011) 196 Cal.App.4th 1366, 1375.) This action arises out of an underground electric line on Plaintiff's property that provides power to a park owned by the City of Sacramento, Johnston Park. In March of 2019, Plaintiff requested SMUD remove the line. When SMUD did not comply with Plaintiff's request, Plaintiff filed this action on October 11, 20...

Excerpt: ...t against Defendants City and County of Sacramento alleging a cause of action for premises liability, specifically, dangerous condition of public property. Plaintiff alleged that she was injured when she slipped and fell near the security checkpoint at the Sacramento International Airport. Plaintiff alleged that the claim was brought pursuant to Government Code §§ 815.2 and 835. Plaintiff added Defendant as Doe 1 on July 15, 2022. A demurrer �...

Excerpt: ...ered to notify Defendants' counsel immediately of the tentative ruling system and the manner to request a hearing. If Plaintiffs' counsel is unable to contact Defendants' counsel prior to hearing, Plaintiffs' counsel is ordered to appear at the hearing in person or remotely (telephonically or by video conference via Zoom). Plaintiffs filed this action on August 22, 2019, seeking recovery of their statutory wages earned working on California publi...

Excerpt: ...ise 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 plaintiff prior to hearing, moving counsel is ordered to appear at the hearing. This action arises from an Agreement for Purchase of Recyclables pursuant to which defendant the City of Sacramento (the “City”) sells recyclable materials to USA Waste for resale into the recycling commodities market. USA W...

Excerpt: ...ackground This elder abuse action was initiated on August 7, 2018, with the filing of the original complaint by Plaintiffs Glenda C. Perry, by and through her successor-in-interest, Dennis E. Perry, Dennis E. Perry individually, and William M. Perry, David E. Perry, and Judith C. Ducioame, all individually. For the sake of clarity, the Court sometimes will refer to the plaintiffs by their first names. Glenda is the “elder” whose alleged abuse...

Excerpt: ...taliation, age discrimination, and failure to correct retaliation and discrimination all under FEHA, and defamation. Plaintiff alleges he was terminated as Area Manager for Defendant after 30 years of employment at the age of 59 after he complained of harassment against his manager, Vice President Randy Billingsly (“Mr. Billingsly”). Plaintiff contends Defendant's articulated business reason for his termination included the claim that four em...

Excerpt: ...onstrate that the challenged settlement is not in good faith. In this personal injury action, Plaintiff Melanie Czoberek alleged two separate instances of slip and fall. In the first, she alleged that she was injured when she fell after her foot got caught on a piece of rebar in the parking lot of the apartment complex owned by Burnet. She alleged that two days later, she was at DHMF facility for an assessment for the injuries suffered in the par...

Excerpt: ...to CCP § 583.250 for failure to serve the summons and complaint within three years. The Court will address the motion to dismiss pursuant to CCP § 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.” (CCP § 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...

Excerpt: ...Jerome F. Lipp, JFL LLC, and Re ReduX LLC's (collectively "Defendants") demurrer to Plaintiffs Saied Kian and Maria Kian's (collectively "Plaintiffs") first amended complaint (“FAC”) is ruled upon as follows. As an initial matter, the Court observes that the parties met and conferred via written correspondence. CCP § 430.41(a), however, provides that the parties are required to meet and confer "in person or by telephone" prior to filing the ...

Excerpt: ...ntiff while Plaintiff was employed by DWR. DWR demurs to each of Plaintiff's 13 causes of action in the FAC. Plaintiff filed a late opposition to the demurrer. Nonetheless, the Court exercises its discretion to consider the opposition. Legal Standard The function of a demurrer is to test the sufficiency of the pleading it challenges by raising questions of law. (Salimi v. State Comp. Ins. Fund (1997) 54 Cal.App.4th 216, 219; Nordlinger v. Lynch (...

Excerpt: ...f into renting the property by making misrepresentations regarding the address of the property and the fact that the lease included an attached studio apartment, after which the Defendants rented the property to another individual, which has interfered with Plaintiff's enjoyment of the property. (See Complaint.) Defendants now bring this demurrer to the second, sixth, seventh and eighth causes of action. Legal Standard The function of a demurrer ...

Excerpt: ...ts demur to the entire complaint on grounds it fails to state facts sufficient to constitute a cause of action because it is barred by the statute of limitations. A demurrer based on the statute of limitations is proper where it appears from the face of the complaint that the action is time-barred. (Alexander v. Exxon Mobil (2013) 219 Cal.App.4th 1236, 1262.) Defendants argue the complaint asserts a cause of action for personal injuries and that ...

Excerpt: ...Jerome F. Lipp, JFL LLC, and Re ReduX LLC's (collectively "Defendants") demurrer to Plaintiffs Saied Kian and Maria Kian's (collectively "Plaintiffs") first amended complaint (“FAC”) is ruled upon as follows. As an initial matter, the Court observes that the parties met and conferred via written correspondence. CCP § 430.41(a), however, provides that the parties are required to meet and confer "in person or by telephone" prior to filing the ...

Excerpt: ...for production of documents. (ROA 43 and 45.) The orders directed Plaintiff to provide responses by November 17, 2022. (Ibid.) As Plaintiff did not oppose the motions, the Court did not award sanctions. (Ibid.) Plaintiff did not provide responses and has not communicated with Defendant regarding the delinquent responses. (Low Decl., ¶¶ 6-7.) As a result of Plaintiff's failure to comply with the order compelling discovery responses, Defendant no...

Excerpt: ...ons that the County filed improper Notices of Pending Enforcement Actions (“NOPEAs”) against real property owned by Plaintiffs NKS Real Estate Holdings, Inc., Nabil Samaan (“Samaan”), and Orlando Meza (“Plaintiffs”) in retaliation for a prior lawsuit against the County and for the purpose of extorting Plaintiffs. The TAC also alleges the County has failed to comply with statutory requirements for filing such NOPEAs. Allred is the Coun...

Excerpt: ...specific evidence which is claimed to show the existence or non-existence of a triable issue of material fact. *** Defendant Hippo Analytics, Inc.'s (“Defendant”) motion for summary judgment, or in the alternative, summary adjudication is ruled upon as follows. Overview This is an insurance breach of contract and bad faith action. Plaintiff Gary Hanaway (“Plaintiff”) alleges that he is a senior citizen and disabled person within the meani...

Excerpt: ...factured by FCA. Plaintiff moves for an order compelling FCA to provide further responses to certain RFPs under Code of Civil Proc. § 2031.310 and, where FCA indicated it would produce documents, for an order compelling FCA to produce documents in compliance. FCA opposes the motion on grounds it either fully complied with the RFPs or properly objected to the same. The moving papers and separate statements suggest the parties largely disagree con...

Excerpt: ...onal Infliction of Emotional Distress. Plaintiff alleges that she was employed with Defendant California Department of Social Services (“CDSS”) as a Disability Evaluation Analyst III. She alleges that on November 6, 2019, co-defendant Raj Dosanjh (“Dosanjh”) sexually assaulted her when he blocked her in her cubicle, forcefully pressed his body up against her entire body, groped her, and tried to kiss her. Plaintiff was crying and pushed h...

Excerpt: ...motion to strike portions of the complaint. (ROA 13 and 15.) The Court sustained the demurrer and granted the motion to strike, with leave to amend. (ROA 31-32.) Plaintiff timely filed an amended complaint. (ROA 33.) On January 6, 2023 Defendant filed the instant special motion to strike the amended complaint pursuant to Code of Civil Procedure § 425.16. A special motion to strike “may be filed within 60 days of the service of the complaint or...

Excerpt: ...ncorporates that discussion into this ruling. Additional background is provided in this ruling for context. Although Jay's Mobile is a sole proprietorship and thus legally indistinct from Bryant, Plaintiff's complaint specifically names Jay's Mobile and Bryant as defendants to the breach of fiduciary duty cause of action. Moreover, the present motion to strike has been brought only by Jay's Mobile. Via this motion, Jay's Mobile seeks to strike pa...

Excerpt: ... Employment and Housing Act (“FEHA”); (2) age discrimination under FEHA; (3) failure to correct under FEHA; and (4) defamation. Plaintiff alleges that he was employed by Defendant for over 30 years and ultimately reached the position of Area Manager. However, on March 22, 2019, Plaintiff complained of discrimination, bullying, and harassment by Defendant's Vice President Randy Billingsly. Plaintiff alleges that the harassment and discriminati...