Excerpt: ...he incorrect date, time, and department. Plaintiff filed this action on March 21, 2019. This action concerns a motor vehicle accident that occurred on March 24, 2016, involving Plaintiff's insured, Diane Stanfield and Defendant. Plaintiff alleges Mr. Mobley was driving a vehicle owned by codefendant Victor Angel Flores dba Flores Trucking. The underlying accident is covered by an automobile policy Ms. Stanfield held with Plaintiff. A Proof of Ser...

Excerpt: ...ows. This action concerns Foremost's investigation and adjusting of a loss in 2016 caused by renters at Plaintiffs' Sacramento rental home. Plaintiffs allege Foremost conducted a subpar investigation and bad faith claims adjustment resulting in Foremost's failure to pay the true cost of the repair. Plaintiffs allege one cause of action against Foremost for breach of the implied covenant of good faith and fair dealing. Plaintiffs served their seco...

Excerpt: ... show cause why it had not produced the documents required by the four investigational subpoenas issued by the Board on March 11, 2019 for patients J.B., J.C., and F.S., and on or about June 7, 2019, for patient J, and served upon the custodian of records for NRHC. Pursuant to Gov't Code § 11187(a), where a party refuses to comply with an administrative subpoena, the head of the department may petition the Court for an order compelling complianc...

Excerpt: ... action: (1) minimum wage violations; (2) failure to reimburse business expenses; (3) wage theft; (4) fraud; (5) rest period violations; (6) meal period violations; (7) unlawful failure to furnish personnel, payroll, and other records; (8) waiting time penalties; (9) violation of California's Unfair Competition Law ("UCL"); and (10) violation of PAGA. Plaintiff signed up to create an account with DoorDash in August of 2018. (Tang Decl. ¶¶ 5‐1...

Excerpt: ... Ms. Davis and codefendants Adesa California, LLC (“Adesa”), John L. Sullivan Investments, Inc., dba Roseville Toyota, erroneously sued herein as John L. Sullivan Family Limited Partnership (“Roseville Toyota”), and Randall Glen Williams (“Mr. Williams”). Plaintiff filed his First Amended Complaint (“FAC”) on August 17, 2018, against the same defendants and still including only a single cause of action for negligence. Plaintiff al...

Excerpt: ...ve documents in response to Plaintiffs' requests for production, set two, numbers 26 and 34‐37 and sanction Foremost pursuant to CCP § 2023.030 for its refusal to produce. Plaintiffs seek monetary sanctions against Foremost. Plaintiffs contend Foremost has promised to produce documents pursuant to requests for production, numbers 26 and 34‐37, for over three months and, only after a threat of discovery sanctions, produced incomplete and “d...

Excerpt: ..., including manufacturers and suppliers of numerous products to which Plaintiffs were allegedly exposed. Plaintiffs' complaint sets forth six causes of action; specifically, (1) negligence; (2) strict liability‐warning defect; (3) strict liability‐design defect; (4) fraudulent concealment; (5) breach of implied warranties; and (6) loss of consortium. Certain defendants have filed answers, while others chose to demur. This Court has already he...

Excerpt: ...anals, four crowns, and additional injuries, such as Temporomandibular Joint Disorder (“TMJ”) and tinnitus. After this litigation commenced, Defendant subpoenaed Plaintiff's medical and billing records from UC Davis Medical Center, UC Davis Medical Center/Billing, Regents of UC Professional Billing/Business Office, UC Davis Medical Center/Radiology, California Department of Veterans Affairs, Domestic Department of Veteran's Affairs, Veteran's...

Excerpt: ...ts' motion to compel plaintiff's further responses to special interrogatories is ruled on as follows. The notice of motion does not comply with Code of Civil Procedure §1010 or CRC Rule 3.1110(a). Both moving and opposing counsel failed to comply with CRC Rule 3.1110(b)(3)‐(4). Factual Background Plaintiff is a real estate agent who is now suing defendants for defamation. Plaintiff alleges that defendants sent a defamatory email to plaintiff h...

Excerpt: ...ough 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 1/1/2019. Factual Background According to the complaint, plaintiff is a non‐profit mutual benefit corporation which was organized in 1964 as a cooperative housing project located in Sacramento County. The sole named defendant...

Excerpt: ...ntiff cannot establish it breached the applicable standard of care. In evaluating a motion for summary judgment 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. (FPI Dev. Inc. v. Nakashima (1991) 231 Cal.App.3d 367, 381‐382.) Because a motion for summary judgment is limited to the issues raised by the pleading...

Excerpt: ...(the “Premises”). Plaintiff alleges the following in the SAC. Defendants owned the apartment complex containing the Premises at all relevant times. (SAC ¶ 2.) Pursuant to a written property management agreement, non‐ party Catalyst Property Management, Inc. (“Catalyst”) acts as the property manager and authorized agent for Defendants at said apartment complex. (SAC ¶ 7.) As such, Catalyst (as agent for Defendants) took and processed a...

Excerpt: ...ers. *** Defendants Visit Elk Grove (“VEG”) and Rachael Brown's (“Brown”) demurrer to Plaintiff's second amended complaint (“SAC”) is ruled upon as follows. Overview Plaintiff Kristin Berkery owns and operates a marketing consulting firm and has done business in Elk Grove since 2013. Her firm provides clients with services such as strategic planning, web design, media buying, media relations, voiceover and event planning. Plaintiff ha...

Excerpt: ...06 (D). ACP's counsel is directed to contact Plaintiff Rafael Ayala Hernandez's (“Plaintiff”) counsel forthwith and advise counsel of Local Rule 1.06 and the Court's tentative ruling procedure. If ACP's counsel is unable to contact Plaintiff's counsel prior to the hearing, ACP's counsel shall be available at the hearing, in person or by telephone, in the event Plaintiff's counsel appears without following the procedures set forth in Local Rul...

Excerpt: ...her trial court's ruling on a discovery matter has no relevance to the instant motion. Factual Background In this elder abuse action Plaintiffs allege that Defendants' neglect caused Mrs. Williams to suffer stage 4 pressure sores to the bone. They allege that she was left in her own excrement for extended periods of time. They allege the neglect was the result of the failure to adequately staff the MCCH facility, the failure to train staff and th...

Excerpt: ...oni, DDS's dental practice, Plaintiff alleges she was required to perform work for all of the Defendants. (Compl. ¶ 18.) Defendants move to compel arbitration of this action pursuant to Code of Civil Procedure section 1281.2 based upon an arbitration provision contained in a 26‐page employee handbook, which Plaintiff acknowledged receipt of when she was hired. The provision was headed “MUTUAL AGREEMENT TO ARBITRATE CLAIMS” and was found on...

Excerpt: ...ion. This is a Lemon Law action arising out of Plaintiff's purchase of a 2017 GMC Sierra. Plaintiff alleges that following his purchase of the subject vehicle, he made several visits to a GM dealer in an effort to have certain transmission and engine defects repaired. Plaintiff alleges GM failed to repair the defects or repurchase the subject vehicle in violation of the Song‐Beverly Consumer Warranty Act (the “Act”). He further alleges that...

Excerpt: ...l is unable to contact opposing parties' counsel prior to the hearing, moving parties' counsel shall be available at the hearing, in person or by telephone, in the event opposing parties' counsel appears without following the procedures set forth in Local Rule 1.06(B). Defendants Roger Biscay and Lynn Biscay (“Defendants”) move for 1) an order compelling Plaintiff Andrea Richard to provide responses to Defendants' form interrogatories, set on...

Excerpt: ... calendar days prior to the hearing. (See CRC 3.1342(a) [requiring a party seeking dismissal of a case to “serve and file a notice of motion at least 45 days before the date set for hearing of the motion”].) The Court does not consider Defendant Daniel Clark (“Clark”)'s notice of joinder in Differenbaugh's motion (ROA # 105) since it was untimely filed on November 12, 2019. Clark's “joinder” not only joins in Differenbaugh's dismissal...

Excerpt: ... the State of California for civil penalties and an injunction against Defendants alleging they disseminated false information (Business & Professions Code §§ 17500, et seq.) and engaged in unfair competition (Business & Professions Code §§ 17200, et seq.) in connection with their pesticide application business. Defendants filed an answer to the FAC on October 18, 2019, in which they allege fifteen affirmative defenses. Plaintiff moves to str...

Excerpt: ...ponse, Uber filed this Petition to Compel Arbitration and Stay the Proceedings pursuant to the arbitration provision in the December 11, 2015 Technology Services Agreement (the “TSA”), which Mr. Blair agreed to on March 8, 2016. Specifically, the TSA contains an arbitration provision which requires drivers such as Mr. Blair, if they do not opt out, to individually arbitrate all disputes arising out of or related to the agreement or their rela...

Excerpt: ... complex in Rancho Cordova, California. Defendants have learned that four of the Plaintiffs are deceased. To date, Plaintiffs' counsel has not filed a motion to appoint representatives or successors‐ininterest for the estates of any of the four deceased Plaintiffs, although two of them died a year ago. Defendants argue that because no successors or representatives have been substituted in for the deceased Plaintiffs, the Court's jurisdiction is...

Excerpt: ...intiff will be addressed at the hearing and the parties should be prepared to point to specific evidence which is claimed to show the existence or non‐existence of a triable issue of material fact. *** Defendant United Parcel Service, Inc.'s (“UPS”) motion for summary judgment, or in the alternative, summary adjudication on Plaintiff Madeline Martin's (“Martin” or “Plaintiff”) complaint is ruled upon as follows. I. Overview This is ...

Excerpt: ... affirmative defenses in his answer. (RJN Ex. 64.) Plaintiff served Defendant with form interrogatories seeking, among other things, facts, documents, and the identity of witnesses supporting those defenses. (LeLievre Decl. Ex. 61.) Defendant failed to respond to the interrogatories, so Plaintiff filed a motion to compel responses, which Defendant did not oppose. The Court granted the motion on August 26, 2019, ordering “No later than September...

Excerpt: ...t. The hearing date shall automatically be continued one week plus one court day for oral argument. The continuance date will always be an appearance required hearing so that Plaintiff need not request oral argument. The Litigation Coordinator shall make Plaintiff available, by COURTCALL, at 9:00 a.m. on the date of the continued hearing date, which will be December 18, to participate in oral argument. Defendant Dr. Daniel Jackson's (“Defendant...

Excerpt: ...suant to the Song‐Beverly Consumer Warranty Act “shall be allowed by the court to recover as part of the judgment a sum equal to the aggregate amount of costs and expenses, including attorney's fees based on actual time expended, determined by the court to have been reasonably incurred by the buyer in connection with the commencement and prosecution of such action.” (Civ. Code § 1794(d).) “[E]xpenses” includes items beyond the “costs...

Excerpt: ...ng. See CRC 2.551(b)(4)(5). The Court previously granted a similar motion based on an earlier filed motion for summary judgment (See Minute Order, Dept 53, March 19, 2109) That motion was dropped and a new motion with a slightly different format and paging was filed. Therefore, this motion refers to the same information filed in connection with the currently pending motion for summary judgment. The records that Defendant moves to seal are the con...

Excerpt: ...r 24, 2019. The motion filed by Raymond Harrell was originally on calendar on November 6, 2019 but continued to this date so the motions could be heard concurrently. The Court is well familiar with this litigation. This matter stems from a property dispute between two neighbors. Plaintiff is a landowner who alleged multiple causes of action stemming from Defendant's use of an outdoor target range on his property. Plaintiff sought substantial mone...

Excerpt: ...ne or more claims for damages, or one or more issues of duty..." CCP 437c(f)(1). In this case, the parties presented a signed stipulation pursuant to CCP 437c(t) that the court may determine the issue of whether non‐economic damages may be recovered in this case. The court signed the order on stipulation permitting this motion before the motion was filed pursuant to CCP 437c(t). In this action arising out of an automobile accident, plaintiff se...

Excerpt: ...result of the contractual waiver of subrogation provision contained in the contract between Plaintiff the general contractor, Davis/Reed Construction, Inc. and RJA. Davis/Reed contends RJA breached and negligently performed its HVAC sub‐contract for work on the Ice Block Project ("Project") both of which have resulted in damage to Davis/Reed. Indian Harbor filed its Complaint In Intervention, containing a single cause of action for Subrogation,...

Excerpt: ... of the Summons did not result in actual notice (CCP §473.5); that service of the Summons did not result in actual notice in time to defend action brought by a debt buyer (Civ. §1788.61); and under the inherent equitable powers of the court to craft a remedy. Defendant was served by substitute service on April 5, 2019 at 3835 Breuner Place, Sacramento. Default was entered on May 28, 2019 and Default Judgment was entered on July 1, 2019. Defenda...

Excerpt: ..., as specified in the Proof of Service execute by Shawn Sardia dated December 12, 2017. Plaintiff concedes that the proof of service bears an incorrect address as the place of service for Defendant Ross. Defendant Ross indicates that he was alerted by his boss to the potential of a subrogation claim being filed against him related to an automobile accident. He declares that he searched the court's record for any action, and located the present ac...

Excerpt: ... defendants' Answer was prepared September 17, 2019 and sent to the court for filing. However, counsel received a notice on October 3, 2019 that the Answer was rejected from filing because default had been entered on September 20, 2019. (Declaration of Jared Walker). Counsel, who also represents plaintiff, never received a phone call from cross‐defendant, an attorney, prior to the entry of default. Whenever an application for relief is made no ...

Excerpt: ... Street, and was "holding or controlling funds from which to pay costs due or to become due to the general contractor, Davis Reed. (RJN, Exh. 1, ¶ 45.) When Cemco was not paid, Cemco asserts that it "served by first class mail pre‐paid on [the Bank] a stop payment notice signed and verified by Cemco." (RJN, Exh. 1, 46.) Cemco does not allege that any bond equal to 125 percent of its claim, accompanied the stop payment notice. (See RJN, Exh. 1,...

Excerpt: ...ontact Plaintiffs' counsel forthwith and advise them of Local Rule 1.06 and the Court's tentative ruling procedure. If Sutter's counsel is unable to contact Plaintiffs' counsel prior to the hearing, they shall be available at the hearing, in person or by telephone, in the event Plaintiffs' counsel appears without following the procedures set forth in Local Rule 1.06 (B). Request for Judicial Notice The parties' respective requests for judicial no...

Excerpt: ...a Randall's (“Plaintiff”) Motion for Leave to file an amended complaint. The Court noted that BP had a pending motion for summary judgment in its ruling on Plaintiff's Motion for Leave. Plaintiff then filed the First Amended Complaint (“FAC”) on September 27, 2019, which is now the operative pleading. Nothing in the moving papers, or the Court's records, indicates the applicability of BP's motion to the FAC. (See Perry v. Atkinson (1987) ...

Excerpt: ... manufacturer of the Vehicle violated the Song‐Beverly Act by failing to repair or replace the vehicle after multiple attempts. On April 10, 2019, Plaintiffs served Defendants with RFPs. (Morse Decl. Ex. A.) Plaintiffs' RFP nos. 30‐33 seek documents evidencing customer complaints by owners of 2013 Dodge Challenger vehicles for similar defects as those alleged by Plaintiffs. (ID.) On June 19, 2019, Defendant served its responses to the RFPs. (...

Excerpt: ...ath. The present action is brought by the decedent's wife and several adult children. The complaint purports to assert causes of action against various defendants for elder abuse, negligent infliction of emotional distress (“NIED”), violation of Patients' Bill of Rights, and wrongful death. Moving Papers. Defendants now move “pursuant to California Code of Civil Procedure §§1281.2 and 1295” to compel arbitration on the grounds that the ...

Excerpt: ...MSC December 18, 2019. The case was previously set to start trial on June 19, 2019, but the parties obtained a stipulated continuance in May 2019, based upon the plaintiff's then recent neck surgery in February 2019. Plaintiff had already had an initial neck surgery in May 2018. Defendants represented that they needed more to time to obtain plaintiff's medical records for her recent surgery, provide them to their experts and then to take expert d...

Excerpt: ...d appropriately inform Plaintiff that he was diagnosed with a specific communicable disease, which then resulted in a one week delay in diagnosis of an additional medical condition which resulted in harm to Plaintiff. Defendants thus requested the Plaintiff in special interrogatory No. 42 to identify any and all facilities where he had undergone a specific form of testing that could have discovered the communicable disease during the 10 years pri...

Excerpt: ...98 offer had provided that the amount of restitution would be determined by the Court if the parties could not agree. The CCP § 998 offer also indicated that FCA would pay Plaintiff's fees and expenses pursuant to Civil Code § 1794(d) in an amount to be determined by the Court if the parties could not agree. Ultimately the parties resolved the amount of restitution but were unable to resolve the amount of fees and costs. Plaintiff seeks $27,070...

Excerpt: ...Court also granted Plaintiff's motion to deem matters in its requests for admissions admitted and awarded $260 in monetary sanctions. Plaintiff seeks terminating sanctions on the basis that Defendant has not provided the Court ordered responses. For misuse of the discovery process, including as is the case here, disobeying a court order to provide discovery, the Court may impose a terminating sanction by one of the following: an order striking ou...

Excerpt: ...HH Mortgage Corp.'s (“PHH”) demurrer to Plaintiff Homer Black's complaint is ruled upon as follows. PHH's request for judicial notice is granted. In taking judicial notice of the recorded land documents, the court accepts the 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; Kalnoki v. First American Trustee Servicing Solutions LLC (2017) 8 Cal.App.5th 23, 36...

Excerpt: ...also failed to pay the monetary sanctions based on Plaintiff's motion to deem matters admitted. The Court may impose sanctions that are suitable and necessary to enable the party seeking discovery to obtain the objects of the discovery he seeks, but the Court may not impose sanctions which are designed not to accomplish the objects of the discovery but to impose punishment. (Caryl Richards, Inc. v. Superior Court (1961) 188 Cal. App. 2d 300, 304....

Excerpt: ...days after service of the notice of motion to file an opposition to the motion. No opposition has been filed. Plaintiff's Complaint contains allegations that deficient flooring work was performed in the kitchen area of a Black Bear Diner restaurant which resulted in flooring defects. This action was originally filed with the Court over five years ago on July 25, 2014. Moving defendant Huff Construction was formally added to the Superior Court act...

Excerpt: ...ges two causes of action against Defendant for (1) premises liability, and (2) general negligence. The facts are as follows. On January 5, 2016, Plaintiff arrived at Defendant's store location on Bradshaw Road in Sacramento, California, with his daughter and five minor grandchildren. (UMF 3, 5.) Plaintiff entered the store with his family and wandered the store but did not buy anything. (UMF 7‐9.) Plaintiff's granddaughter Leann told Plaintiff ...

Excerpt: ...mber 6, 2018. On April 25, 2019, the Sacramento District Attorney's office filed felony charges against Dana Berry related to this incident, Case Number 19‐FE‐007262. (See Meyers Decl. at ¶10.) There was an arraignment on September 4, 2019 and on November 18, 2019 there will be a hearing to either enter a plea or set the case for trial. (See Meyers Decl. at ¶11) The moving papers seek a seek a stay of all civil discovery as to Dana Berry un...

Excerpt: ... appointing Plaintiff Donald Wright as class representative for purposes of settlement; 3. Preliminarily appointing the Shimoda Law Corp. as class counsel for purposes of settlement; 4. Preliminarily approving the proposed $350,000.00 class action settlement, which is incorporated herein by reference; 5. Preliminarily approving the application for payment to class counsel of attorneys' fees in the amount of $122,500.00 (35% of the Gross Settlemen...

Excerpt: ...ction on October 16, 2018. On March 17, 2019, Plaintiff personally served the Complaint on Defendant Teague as an individual and as a corporate officer of Accrylic. (Peters Decl. Ex. A.) Plaintiff failed to serve Acrylic through its agent for service of process, who was registered with the California Secretary of State at the time of service. (Id. Ex. B.) On April 18, 2019, Plaintiff filed a request for entry of default and judgment against Defen...

Excerpt: ...o per. On August 14, 2019, the Court granted Defendant's unopposed motion to compel Plaintiff's responses to request for production of documents (set one), and ordered Plaintiff to serve verified written responses, without objections, by no later than October 10, 2019. (ROA 78.) Defendant's unopposed motion to compel responses to form interrogatories (set one) was denied because Plaintiff had served timely responses to form interrogatories. (Id.)...