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: ...��), 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: ...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: ... Center of Sacramento and Windsor Haysac Holdings, LLC's (collectively "Defendants") motion to compel arbitration and stay action is DENIED. The Court did not consider Plaintiffs' opposition which was filed on June 20, 2022 and did not include a proof of service. Nonetheless, the Court concludes that the motion should be denied even if unopposed. This is an elder abuse, negligence, wrongful death and Violation of Patient Rights action brought by ...

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: ...ent insurance application issued by the State of California, Employment Development Department (“EDD”) and the eligibility requirements set forth on the EDD's website is DENIED. The documents are not “facts and propositions that are not reasonably subject to dispute and are capable of immediate and accurate determination by resort to sources of reasonably indisputable accuracy.” “Simply because information is on the Internet does not me...

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: ...t BP Fund A, LLC ("BP Fund A"). The Complaint alleged (1) failure to furnish accurate itemized wage statements, and (2) entitlement to penalties under the Private Attorneys General Act ("PAGA"). On or about January 8, 2021, Peterson filed a First Amended Complaint which added Plaintiff Willie Sumpter, Jr. and defendant Blaze Pizza Operation, LLC, and removed Plaintiff Peterson as a Class Representative. (ROA 16.) Defendant Blaze Pizza Operation, ...

Excerpt: ...Background In this action, Citizens Insurance Company of America (“Citizens”) seeks declaratory relief as to Defendants' alleged duties to defend and indemnify Citizens' direct insured, David Alley, and damages and reimbursement from Defendants based on equitable subrogation, equitable indemnity, and equitable contribution arising out of the lawsuit titled Hacienda Del Rio, Inc. v. David Alley, individually and in his capacity as Trustee of t...

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...

Excerpt: ...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 Sydney Leung's (erroneously sued herein as Sidney Leung) ("Defendant") motion for summary judgment against Plaintiff Kyleigh Juarez (“Plaintiff”) is DENIED as follows. I. Overview This case arises out of a motor vehicle accident that occurred on June 16, 2018. (Complaint ¶¶ 6‐8, 10.) Plaint...

Excerpt: ...addressed at the hearing. The parties are also reminded that pursuant to local rules, only limited oral argument is permitted on law and motion matters. *** Factual Background This action arises from the alleged theft of plaintiff's “foreign currencies,” claimed to be worth over $166,000, along with other personal property from a storage locker where the currency was placed for “safe keeping” by the defendant Park Rangers while plaintiff ...

Excerpt: ...e a tort claim with the Sacramento County District Attorney's Office before filing suit. (Notice at 2.) As the Court finds Defendant's demurrer is sustained on this ground, the Court does not rule on the other grounds set forth in Defendant's notice of demurrer and demurrer. I. Overview Plaintiff filed his Judicial Council Complaint against Defendant on December 9, 2021, alleging two causes of action against Defendant for (1) general negligence; ...

Excerpt: ...f a three‐ vehicle accident occurring at an intersection in the City of Folsom in November 2020. According to the Traffic Collision Report (“TCR”) prepared in connection with the subject accident, defendant Voss (an employee of Clark Pacific) was in the intersection waiting to make a left turn. As the light turned yellow and then red, there was a clearing in the oncoming traffic so he began his left turn but was then hit by an oncoming vehi...

Excerpt: ...fault judgment is void on its face. Defendant cites, inter alia, Code of Civil Procedure section 473(d) as a basis for the Court setting aside the default and default judgment. Specifically, Defendant contends that he was served with a series of documents by Plaintiff Theodore White (“Plaintiff”) on or around March 28, 2018. Plaintiff contends in opposition the documents served on Defendant included the Second Amended Complaint [“SAC”], a...

Excerpt: ...5657. Plaintiffs allege that in September 2017, decedent Christine Patton was a resident of Defendant Caroline Kang, LLC, dba Laguna Woods, RCFE (“Defendant” or “Laguna Woods”) when defendant/Laguna Woods employee Mee Lai Fong (“Fong”) attacked Ms. Patton with a metal cane, ultimately leading to Ms. Patton's death. Friedlander was an employee at Laguna Woods during the relevant time period. Plaintiffs alleges Friedlander was present w...

Excerpt: ...Defendant] to obtain relevant medical records, that the information sought is relevant to the subject matter involved in the pending action or is reasonably calculated to lead to the discovery of admissible evidence and is not privileged, and that the refusal or failure or both was without substantial justification.” (Notice at 2.) I. Overview This action arises from a motor vehicle accident that occurred on December 3, 2017, in Sacramento, Cal...

Excerpt: ...e back seat passengers in the subject vehicle when it left the roadway and rolled over, killing Ms. Wood and injuring her son. Phoenix Kaplow filed the action individually and as Ms. Wood's Successor in Interest, by and through his Guardian ad litem, Trina Kaplow (“Plaintiff”). Plaintiff alleges that at the time of the accident, cross‐ defendant Jennifer Corrine Domingo (“Domingo”) was driving the subject vehicle, which was owned by cro...

Excerpt: ...mmenced by plaintiff in pro per Hobson‐Jones on 10/4/2021. On 12/9/2021 plaintiff filed a proof of service which avers that substituted service of summons & complaint was effected on defendant Ha on 11/18/2021 at 8980 Boulder Glen Court in Sacramento. On 1/28/2022 plaintiff filed a request for entry of default against defendant Ha and the default was entered on the same date. No default judgment has to date been entered. Moving Papers. Defendan...

Excerpt: ...nded motion. To date of the filing of the instant motion, Mr. Hagle's office had not heard back from Plaintiff regarding his meet and confer requests. (Declaration of Eric R. Hagle (“Hagle Decl.”) ¶¶ 3‐5.) Code of Civil Procedure §439(a) requires the moving party to meet‐and‐confer "in person or by telephone" with the party filing the pleading that is the subject of the motion for judgment on the pleadings. Moving counsel is advised ...

Excerpt: ...ice of the tentative ruling system, the notice incorrectly states that the Court will make its tentative ruling “available by telephone and, at the option of the [C]ourt, by any other method designated by the [C]ourt”. The notice of motion does not provide notice of the Court's tentative ruling system as required by Local Rule 1.06(D). Defendant is ordered to notify responding parties immediately of the tentative ruling system availability on...

Excerpt: ... by California Rule of Court 3.1308 and Local Rule 1.06(D). Plaintiff's counsel is directed to contact opposing counsel forthwith to advise counsel of Department 54's correct address and the tentative ruling procedure. If Plaintiff's counsel is unable to contact opposing counsel prior to the hearing, Plaintiff's counsel shall be available at the hearing, by CourtCall or Zoom as stated in the introductory NOTICE to today's Tentative Rulings, in th...

Excerpt: ...0 on May 27, 2020. Plaintiffs filed their FAC naming Defendant as Doe 17 on February 8, 2022. In the FAC Plaintiffs allege causes of action for libel, slander, and trade libel. The Company is a commercial lender and loan servicing company founded by Blackburne. (FAC ¶ 1.) The Company services around 150 commercial first mortgage loans totaling approximately $45 million including a loan related to a golf course in Illinois known as “Royal Hawk....

Excerpt: ...on arose from Respondents' claims against Petitioners for breach of duty, lack of due diligence and professional negligence in connection with Respondents purchase of a Laundromat in Stockton from David Peterson (also a party in the underlying arbitration). Petitioners acted as the dual broker/agent for Respondents and Mr. Peterson regarding the sale. Respondents claimed the Laundromat consistently generated 32% less gross revenue that the averag...

Excerpt: ...eek to vacate an arbitration award issued on November 24, 2021, by the Hon. Lynn O'Malley Taylor (ret.) in Petitioner's favor. The arbitration arose from Respondents' claims against PWS, Inc. and Courtney Satterlee (“Brokerage Parties”) for breach of duty, lack of due diligence and professional negligence in connection with Respondents purchase of a Laundromat in Stockton from Mr. Peterson. The Brokerage parties acted as the dual broker/agent...

Excerpt: ...iled a Notice of Joinder to Ciminocare's Motion to Compel Arbitration. (ROA 24.) Through the Notice of Joinder, Walnut House indicated it was also a party to the Arbitration Agreement subject to Ciminocare's Motion to Compel Arbitration (Ibid. [citing to Low Decl. ¶ 2, Ex. A].) Walnut House also indicated its Joinder was based upon Ciminocare's Notice of Motion, Memorandum of Points and Authorities, and the Declaration of Donna W. Low (and Exhib...

Excerpt: ... (“Olsten”). In August 1999, Olsten entered into a purchase agreement with Plaintiff Adecco, S.A. (“Adecco”) and Staffing Acquisition Corporation. Pursuant to an Agreement and Plan of Merger (“Merger Agreement”), Adecco agreed to purchase Olsten's staffing services and information technology services. (Complaint, ¶ 11, Ex. 1.) As part of the split‐off agreement between Adecco and Olsten, the parties executed a Separation Agreement ...

Excerpt: ...at: “ 17. On or about June 8, 2018, and continuing thereafter, Defendants, and each them, negligently cared for, diagnosed, and treated Plaintiff, DOMENICA MANLEY, and failed to exercise the standard of care and skill ordinarily and reasonably required of physicians, surgeons, hospitals, nurses, and other health care providers by, without limitation, negligently failing to properly perform a robotic assisted laparoscopy and provide necessary pr...

Excerpt: ...d This is a wage and hour action brought by Plaintiff Nichole Veronie (“Plaintiff”) on behalf of similarly situated employees of Defendants Point Quest, Inc. and Point Quest Education, Inc. (“Defendants”). According to the operative First Amended Complaint (“FAC”), Defendants operated a labor supply business serving public school districts in Sacramento County and throughout California. (FAC, ¶ 15.) The FAC includes the following cla...

Excerpt: ...se to promote Plaintiff's online presence through Plaintiff's social media accounts. (Exh. A to Compl.) Plaintiff alleges that Defendants used “improper tactics” when performing their services for Plaintiff. (Compl. ¶¶ 11, 12, 17, 56, 49.) Defendants demur to the Third Cause of Action for Negligent Misrepresentation, the Fourth Cause of Action for Intentional Misrepresentation, and the Fifth Cause of Action for Unfair Business Practices. De...

Excerpt: ... The Court rejected the SAC because Plaintiff failed to obtain leave of court. Plaintiff filed an untimely opposition to the motion on 6/10/2022 and requests leave to add a 42 US Code §1983 cause of action. The Court did not consider Plaintiff's untimely opposition. In this action, Plaintiff alleges that on 11/15/2016, he walked into the UC Davis Medical Center emergency department complaining of heart palpitations. A male employee offered Plain...

Excerpt: ...ent part, that Defendant was the driver and owner of the vehicle, or that Defendant was driving with the knowledge and consent of the owner. Defendant Antoine Lament Childs (“Childs”) was substituted in as Doe Defendant 1. The pleading further alleges: On or about September 23, 2017, Plaintiff LOUIS MORTON was lawfully driving a motor vehicle near J Street and 15th Street in Sacramento, California. On that date, Defendant NISSAN NATARA JOINER...

Excerpt: ...ndants' counsel is directed to contact opposing counsel forthwith to advise counsel of Department 54's correct address, Local Rule 1.06, and the Court's tentative ruling procedure. If Defendants' counsel is unable to contact opposing counsel prior to the hearing, Defendants' counsel shall be available at the hearing, by Zoom as stated in the introductory NOTICE to today's Tentative Rulings, in the event opposing counsel appears without following ...

Excerpt: ... 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 telephone. DEFENDANT'S REQUESTS FOR JUDICIAL NOTICE: 1. Plaintiff's Complaint ‐ Unopposed and GRANTED. In taking judicial notice of the Complaint in this matter, the Court accepts the fact of its existence, not the truth of its contents. (See Professional Engineers v. Dep't of ...

Excerpt: ...AC”) is ruled upon as follows: Background As pertinent to Civic and Plaintiff, this action arises from a November 15, 2017 loan provided by Civic in the amount of $342,750 in Aretha Johnson's name, evidenced by a promissory note (the “Note”) and secured by a deed of trust (the “DOT”) naming the real property located at 7050 Cromwell Way, Sacramento, CA 95822 (the “Cromwell Property”) as collateral. (UMF Nos. 1‐2.) Plaintiff conten...

Excerpt: ...motion to compel Defendant Clayco, Inc. dba Clayco Construction Company, Inc. (“Clayco”) to provide responses to her special interrogatories, set two (“SIs”) is granted. Request for Judicial Notice Plaintiff's request for judicial notice is unopposed and granted. Evidentiary Objections The Court declines to rule on Plaintiff's evidentiary objections since the subject evidence concerns Clayco's related motion for relief from waiver of obje...

Excerpt: ...s Court should stay this later‐filed proceeding. Having considered all of the papers submitted, including the parties' supplemental briefs, the Court issues the following tentative ruling. Petitioners People of the State of California ex rel. Rob Bonta, Attorney General's (“Petitioners”) petition for order compelling compliance with investigative subpoenas by Respondent Maysville Fellowship Medical Aid Plan dba United Refuah Healthshare (�...

Excerpt: ... County of Sacramento, which began in 2005 and ended in 2018. The operative complaint alleges causes of action for discrimination (race, gender and disability), retaliation, failure to prevent discrimination and retaliation, failure to accommodate, failure to engage in the interactive process, and interference with rights under the California Family Rights Act (“CFRA”). Plaintiff propounded a variety of written discovery requests to defendant...

Excerpt: ... the reply is GRANTED. In taking judicial notice of these documents, 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 [judicial notice of findings of fact does not mean that those findings of fact are true]; Steed v. Department of Consumer Affairs (2012) 204 Cal.App.4th 112, 120‐121. Plaintiff's evidentiary objections Plaintiff's objections...

Excerpt: ...or Dept. 53/54. 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 directed to review the Local Rules, effective 1/1/2022. Moving counsel failed to comply with CRC Rule 3.1110(b)(3)‐(4). This action arises out of a motor vehicle accident. Plaintiff filed her complaint on 8/6/2019 and defendant filed his answer on 10/...

Excerpt: ... 220 Cal. App.3d 1117, 1138.) Newberg on Class Actions (4th Ed.), the authoritative treatise on class actions, discusses the process for approving the settlement of a class action. At § 11.24, “Procedure for Submitting Class Settlement for Approval,” Newberg describes the review at the preliminary stage as the submission by the parties of the essential terms of the agreement for informal review of the settlement papers by the Court. In revie...

Excerpt: ...ssaulted by one of Best Buy's security guards while shopping at a Best Buy store located at 1901 Arden Way, Sacramento, CA 95815. Plaintiff's original Complaint alleges several purported causes of action, which appear to include the following: (1) assault (first cause of action, count one); (2) physical abuse (Welfare & Institutions Code § 15610.63) (first cause of action, count two); (3) negligent hiring, supervision, and retention of employee ...

Excerpt: ...nt”) has admitted all of the allegations in the Complaint. When the moving party is the plaintiff, there is only one ground for a motion for judgment on the pleadings: "the complaint states facts sufficient to constitute a cause or causes of action against the defendant and the answer does not state facts sufficient to constitute a defense to the complaint." (Code Civ. Proc. § 438(c)(1)(A).) The Court must disregard all controverted allegation...

Excerpt: ...nd considered the supplemental declaration filed by Brian Galetta (Metro's president, director and officer)on June 10, 2022, indicating that Metro was still engaging in efforts to restore its corporate status. However, Metro has not yet done so despite having been multiple continuances. As a result, Metro is not permitted to oppose the instant motion. However, Metro and Brian Galetta filed a joint opposition and thus the Court considers that oppo...

Excerpt: ...hether the settlement agreement could be interpreted as precluding Class Members who are also PAGA Members, but who have Class Claims outside of the PAGA period, from opting out or objecting to the Settlement Agreement. Plaintiffs submitted an Amended Joint Stipulation of Class Action Settlement and Release (“Settlement Agreement” or “Settlement”) that addresses the concern. The Settlement Agreement provides no right to exclusion by PAGA ...

Excerpt: ...summary adjudication, as to Plaintiffs Jeff Linde and Satellite Avenue, Inc.'s (collectively "Plaintiffs”) nine causes of action in Plaintiffs' first amended complaint (“FAC”) is ruled on as follows. The Notice of Motion states the incorrect address for Department 54; the correct address is 813 6th Street, Sacramento, California 95814. In addition, the Notice of Motion does not provide notice of the Court's tentative ruling system, as requi...

Excerpt: ...ainant seeks to strike the prayer for punitive damages and attorney's fees in the FAC. In their opposition, Plaintiffs state that during their meet and confer phone call with counsel for Cross‐Complainant, Plaintiffs agreed to withdraw their request for attorney's fees. (Opp., 3.) Plaintiffs' opposition solely addresses Cross‐Complainant's motion to strike punitive damages and states that they will amend their FAC to remove the request for at...

Excerpt: ...aintiffs allege causes of action against Defendant for breach of warranties under the Song‐Beverly Act and for violation of Business and Professions Code § 17200. Defendant moves to compel Plaintiffs' claims against it to arbitration pursuant to an arbitration provision located in Retail Installment Sales Agreement (“RISC”) Plaintiffs signed when they purchased the vehicle. The subject provision requires arbitration of “[a]ny claim or di...

Excerpt: ...s were killed in an accident. A truck owned by Defendants collided with the automobile plaintiffs' parents were driving. Defendants move to set aside a default and default judgment pursuant to CCP § 473 (b). Essentially, Defendants maintain they forwarded Plaintiffs complaint to their insurance carrier for handling. They then learned in February 2022 that coverage would not be available. They attempted to file an answer, but the answer was rejec...

Excerpt: ...aled the penalty through the City's administrative process contending that the plants belonged to their tenants. On March 31, 2019, a hearing examiner issued a decision upholding the penalty, but reducing the amount to $35,000. On July 2, 2019, Plaintiffs filed an appeal in this Court pursuant to Government Code § 53069.4(b)(1) which provides for a trial de novo. On October 21, 2019, the Court (Judge Laurie Earl) found that the Court had no auth...

Excerpt: ...alance of $8,629.13. The account ending in 1494 has a balance of $8,171.80. Bank's request for judicial notice is granted. Defendant opposes the motion. Defendant first argues that the action is subject to an arbitration agreement, and the matter must be stayed. The Court notes, however, that the Court rejected Defendant's motion to compel arbitration on 5/2/2022. (ROA 23.) Thus, there no pending motion to compel arbitration is in the Court's reg...

Excerpt: ...ordinator on or before the date of the scheduled hearing. The litigation coordinator shall provide the tentative ruling to plaintiff Kirk Williams (“plaintiff”) within 48 hours of receiving it. 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 ...

Excerpt: ...onsidered this matter at a hearing on May 3, 2022. In its ruling, the Court identified concerns regarding the proposed First Amended Complaint (“FAC”) and the sufficiency of the evidence regarding notice to the LWDA. The hearing was continued to permit Plaintiff to submit additional evidence and argument to address the Court's concerns. Having considered the original papers along with the supplemental evidence and argument, the Court now rule...

Excerpt: ... action brought by Plaintiffs on behalf of similarly situated individuals. The operative First Amended Complaint alleges causes of action for: (1) failure to pay overtime wages; (2) failure to pay minimum wages; (3) meal period violations; (4) rest period violations; (5) wage statement violations; (6) waiting time penalties; (7) failure to reimburse business expenses; (8) unfair competition; and (9) PAGA. The parties have engaged in formal and in...

Excerpt: ...laintiff's acquisition and failed to disclose these defects to plaintiff. Plaintiff's complaint asserts that defendants including FCA committed fraud by omission and various violations of the Song‐Beverly Consumer Warranty Act. No trial date has been set. On March 18, 2022, Plaintiff filed the instant motion to compel Defendant to produce a person most qualified for deposition as to 83 different categories. In opposition, Defendant indicated th...

Excerpt: ...he court, upon motion, may enter judgment pursuant to the terms of the settlement.” (Code Civ. Proc. § 664.6(a).) In support of its motion, Plaintiff submits evidence the parties signed a written stipulation for settlement of the case. (Karayan Decl., ¶ 3 and Exh. 1) The stipulation agrees to entry of judgment in favor of Plaintiff in the amount of $2,264.85, plus costs of $298.50 for a total judgment in the amount of $2,563.35. (Karayan Decl...

Excerpt: ...esleigh McCaskill, Taylor Sharp (“Sharp”) and Yolanda Rodriguez (collectively “Moving Defendants”) to strike the twelfth cause of action for defamation in Plaintiff Samuel Bernard Johnson III's (“Plaintiff”) First Amended Complaint (“FAC”) pursuant to Code of Civ. Proc. § 425.16 is DENIED. Plaintiff's request for judicial notice is unopposed and granted. As a preliminary matter, the Court rejects Plaintiff's request to deny the m...

Excerpt: ...the Union's member, Kevin Valone (“Valone”). The Union moves to compel the District to arbitrate the dispute over the discipline imposed on Valone. According to the Union, the parties disagree about the interpretation, application or enforcement of the express terms of the CBA, other express personnel policy, practice or procedure as they relate to District's decision to discipline Valone. The Union also insists that the District initially pr...

Excerpt: ...does not provide notice of the Court's tentative ruling system, as required by Local Rule 1.06, and does not provide the correct address for Department 53/54. 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, along with the correct address for Department 53/54. If moving counsel is unable to contact opposing counsel prior to ...

Excerpt: ...dicial Notice of the FAC. In taking judicial notice of the FAC, the Court accepts the fact of its existence, not the truth of its contents. (See Professional Engineers v. Dep't of Transp. (1997) 15 Cal.4th 543, 590.) “There exists a mistaken notion that this means taking judicial notice of the existence of facts asserted in every document of a court file, including pleadings and affidavits. However, a court cannot take judicial notice of hearsa...

Excerpt: ...endants specifically object to the supporting declaration provided with Plaintiff's Reply (“the Declaration of Steven Kamp”). Defendants raise issue with the exhibits attached to the Declaration of Steven Kamp and raise evidentiary objections on grounds of hearsay and improper authentication. The Court does note that it is elementary that points raised for the first time in a Reply brief are not considered. (See St. Mary v. Superior Court (20...

Excerpt: ...ith his opposition papers. Although these documents are not required for oppositions under CRC Rule 3.1345, Plaintiff's failure to do so leaves his factual statements unsupported and unverified. Thus, the Court must disregard the factual statements included in Plaintiff's opposition. (See Smith, Smith & King v. Superior Court (1997) 60 Cal.App.4th 573, 577‐578.) This action arises out of a landlord‐tenant dispute wherein Plaintiff alleges the...

Excerpt: ...notify the clerk and the opposing party of the specific discovery requests that will be addressed at the hearing. The parties are also reminded that pursuant to local rules, only limited oral argument is permitted on law and motion matters. *** The notice of motion again does not provide notice of the Court's tentative ruling system, as required by Local Rule 1.06, or the correct address for Department 53/54. Moving counsel is directed to contact...

Excerpt: ...nia 95814. Moving counsel shall notify opposing counsel immediately of the correct address. The notice of motion does not provide notice of the Court's tentative ruling system as required by Local Rule 1.06(D). Moving counsel is ordered to notify opposing counsel immediately of the tentative ruling system and the manner to request a hearing. If moving counsel is unable to contact opposing counsel prior to hearing, moving counsel is ordered to app...

Excerpt: ..., the Court notes that Plaintiffs have indicated the incorrect address in their notice of motion. The correct address for Department 54 of the Sacramento County Superior Court is 813 6th Street, Sacramento, California 95814. Moving counsel shall notify opposing counsel immediately of the correct address. The notice of motion does not provide notice of the Court's tentative ruling system as required by Local Rule 1.06(D). Moving counsel is ordered...

Excerpt: ...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. The notice of motion also does not comply with Code of Civil Procedure §1010 or CRC Rule 3.1110(a). The 2...

Excerpt: ...y object to the supporting declaration provided with Plaintiff's Reply (“the Declaration of Steven Kamp”). Defendants raise issue with the exhibits attached to the Declaration of Steven Kamp and raise evidentiary objections on grounds of hearsay and improper authentication. The Court does note that it is elementary that points raised for the first time in a Reply brief are not considered. (See St. Mary v. Superior Court (2014) 223 Cal.App.4th...

Excerpt: ...and violation of Civil Code § 3428. Plaintiff alleges she was insured by a health insurance policy issued by Blue Shield which required Blue Shield to pay for medically necessary health care costs. She alleges her doctors recommended that she undergo a lumbar spinal fusion procedure and that Blue Shield improperly denied the request for prior authorization for payment by concluding the surgery was not medically necessary. Blue Shield moves for s...

Excerpt: ... judicial notice, of for example, the fact that Plaintiff failed to file an administrative charge with the Department of Fair Employment and Housing (“DFEH”), the request is improper. Plaintiff's request for judicial notice is granted. In this employment action Plaintiff, who is African American, alleges FEHA causes of action for racial discrimination, harassment, retaliation and failure to prevent discrimination/harassment/retaliation in con...

Excerpt: ...to Plaintiff for a credit card account and entered into a written credit card account agreement with plaintiff for the account number ending in 9271 (the "Account"). (UMF 1.) Defendant agreed to be bound by the terms and conditions set forth in the Cardmember Agreement when Defendant applied for, received or used the credit card account, while acknowledging that the Cardmember Agreement provides that use of the card constitutes acceptance of the ...

Excerpt: ...ts This action arises from a commercial breach of contract action filed by Plaintiff against Defendant on April 26, 2021 in this Court. On January 12, 2022, Defendant served Plaintiff via overnight delivery service, Form Interrogatories ‐ General, Set One, Special Interrogatories, Set One, Special Interrogatories, Set One, Request for Admissions, Set One, and Request for Production of Documents, Set One. Pursuant to Code of Civil Procedure sect...

Excerpt: ...Defendant for employment‐related claims. (MPA, 3; Opp., 2.) Jonathan Kent of Jackson Lewis, P.C. was Defendant's attorney of record at the time and filed an answer on behalf of Defendant on September 19, 2019. (MPA, 4.) On February 1, 2021, Plaintiffs each served an initial round of discovery on Defendant including Request for Admissions, Set One (“Requests” or the “Admissions”). (Declaration of Nicole N. Wentworth ("Wentworth Decl.") �...

Excerpt: ...udicial Notice are GRANTED. In taking judicial notice of these documents, however, the court does not accept the truth of the factual assertions therein. (Herrera v. Deutsche Bank Nat'l Trust Co. (2011) 196 Cal.App.4th 1366, 1375.) Hudson's late reply is considered herein. The Notice of Motion states the incorrect address for Department 54; the correct address is 813 6th Street, Sacramento, California 95814. Defendants' counsel is directed to con...

Excerpt: ...e Order on Defendant Joanne Suavillo's motion for summary judgment. The Court now repeats that history once more below: This is a personal injury action in which plaintiff Nelida Castillo‐Pedron [sic] was knocked down by co‐ defendants Raymond ("Raymond") and Joanne Suavillo's dogs. Plaintiffs originally named Raymond and [Joanne Suavillo dba Wandering Boba] as defendants in the action. After [Joanne Suavillo dba Wandering Boba] filed its MSJ...

Excerpt: ...ht by Plaintiffs on behalf of similarly situated individuals. The operative Second Amended Complaint alleges causes of action for: (1) failure to pay overtime wages, (2) wage statement violations, (3) waiting time penalties, (4) unfair competition, (5) failure to reimburse expenses, (6) failure to pay accrued vacation, (7) meal period violations, (8) rest period violations, (9) Private Attorney Generals Act, (10) failure to pay minimum wages, and...

Excerpt: ...wart Title of Sacramento acted as the escrow agent. (Declaration of Martin Jensen (“Jensen Decl.”) ¶ 3.) On or about January 12, 2017, Plaintiffs Mark D. Chisick, as Manager of S360 Properties, LLC, Mark D. and Denise M. Chisick, as co‐Trustees of the Chisick Family Trust, and S360 Properties, LLC (collectively “Plaintiffs”) filed a complaint in this matter naming several individual and entities, including STS Defendants. On or about J...

Excerpt: ...2, 2020, on the 1000 block of Broadway, Sacramento, Sacramento County, CA, Plaintiff SAMUEL RODRIGUEZ was injured while under the authority, supervision, and control of the Sacramento County Sheriffs Work Project Program when the operator of a vehicle owned by the City of Sacramento, negligently operated that vehicle by driving it so as to cause Plaintiffs head to hit a tree, causing him to fall from the City Vehicle and suffer further injuries a...

Excerpt: ...5) aiding and abetting; (6) "malicious (vindictive) prosecution"; (7) abuse of process; (8) wrongful use of civil proceedings; (9) defamation; (10) false light; (11) intentional infliction of emotional distress; (12) negligent infliction of emotional distress and (13) public disclosure of private facts. Defendant and Plaintiff are parties to a Sacramento Superior Court Family Law matter in Case No. 10FL05692. Plaintiff alleges that on May 14, 202...

Excerpt: ...th Street, Sacramento, California 95814. Plaintiffs shall notify Defendant immediately. Defendant's Opposition was untimely filed, however the Court exercises its discretion to consider Defendant's late filed Opposition. The Court grants Plaintiffs' Request for Judicial Notice of prior pleadings, filings, and orders in this matter. In taking judicial notice of these documents, the Court accepts the fact of its existence, not the truth of its cont...

Excerpt: ... the Jerome H. Sprague Family Revocable Trust, and Jerome H. Sprague, Trustor for the Jerome H. Sprague Family Revocable Trust, and Jerome H. Sprague Family Revocable Trust (collectively “Sprague Plaintiffs”) filed their Complaint alleging just one cause of action for fraud. (ROA 1.) In their Complaint, Sprague Plaintiffs name Defendant Kathrine Pittard (“Pittard”) and “new” Defendant Michael K. Sipes (“Sipes”), “an attorney hir...

Excerpt: ...ams (“plaintiff”) within 48 hours of receiving it. 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 Zoom telephonically, at 9:00 a.m. on the date of the continued hearing date, which will be June 14, 2022, to participat...

Excerpt: ...tice of prior pleadings in this matter. In taking judicial notice of these documents, the Court accepts the fact of its existence, not the truth of its contents. (See Professional Engineers v. Dep't of Transp. (1997) 15 Cal.4th 543, 590.) “There exists a mistaken notion that this means taking judicial notice of the existence of facts asserted in every document of a court file, including pleadings and affidavits. However, a court cannot take jud...

Excerpt: ...ion coordinator on or before the date of the scheduled hearing. The litigation coordinator shall provide the tentative ruling to Plaintiff Hendrix Moreno Montecastro within 48 hours of receiving it. The hearing date shall automatically be continued to June 2, 2022, at 9:00 a.m. in this Department for oral argument. The continuance date is an appearance required hearing so no party needs to request oral argument. The litigation coordinator shall m...

Excerpt: ...or opposing party prior to hearing, counsel for moving party shall be available at the hearing, in person or by telephone, in the event opposing party appears without following the procedures set forth in Local Rule 1.06(B). The Court notes that Defendants' Motion brief does not include a table of contents or table of authorities as required by California Rules of Court (CRC) Rule 3.1113(f). Further, Defendants' Reply brief exceeds the page limit...

Excerpt: ...e (the “Agreement”) of the real property known as the Elliot Building (“Subject Property”) by and between Plaintiff, the owner of the property, and Defendant. (UMF Nos. 1‐ 3.) Pursuant to the lease, Defendant took possession of the premises on or about 2002 and began operation a P.F. Chang's China Bistro restaurant serving primarily Chinese cuisine. (UMF Nos. 4, 9‐10.) Following Defendant's exercise of two options, the lease was set t...

Excerpt: ...follows. *** If oral argument is requested, the parties must at the time oral argument is requested notify the clerk and the opposing party of the specific categories for testimony and/or requests for production that will be addressed at the hearing. The parties are also reminded that pursuant to local rules, only limited oral argument is permitted on law and motion matters. *** The notice of motion does not provide notice of the Court's tentativ...

Excerpt: ...ne”) and Kaiser NorCal Medical Legal Department (“Kaiser NorCal”) (collectivley “Third Parties”) to produce records in response to subpoena is ruled upon as follows. Overview and Procedural History This action arises out of the artificial insemination of Plaintiff Patrice Grinnell (“Patrice”) by co‐defendant Dr. Herrera (“Herrera”) in 1987. (Because Plaintiffs share the same last name, the Court refers to them herein by their ...

Excerpt: ...ngs is DENIED in its entirety. In their Reply, Petitioning Defendants filed evidentiary objections to Plaintiffs' supporting declarations, the Declaration of Edward P. Dudensing and the Declaration of Terri Pappa. Petitioning Defendants object to Exhibit A (Dennis Pappa's medical records) attached to the Declaration of Edward P. Dudensing, and the subsequent references thereto. Petitioning Defendants raise objections on grounds of improper authen...

Excerpt: ... $1,300 per month and did so by direct transfer from his bank account to defendant's bank account. Beginning in 2019, plaintiff began making these $1,300 payments to the Sacramento Department of Child Services (“DCSS”) and then attempted to cancel the ongoing direct transfers to defendant's bank account. In July 2021, plaintiff discovered that the direct transfers from his bank had not stopped and thus, defendant had been receiving two monthl...

Excerpt: ...ative, motion for summary adjudication is ruled upon as follows. Request for Judicial Notice The parties' respective requests for judicial notice are granted. Evidentiary Objections Pursuant to Code of Civil procedure section 437c, subdivision (q), the Court only rules on the objections to evidence deemed material to its disposition of the motion. Herrera's evidentiary objections are ruled on as follows: Objection Nos. 4, 5, and 6 are overruled. ...

Excerpt: ... filed a motion for summary judgment against both Plaintiffs and the motion was granted as to Plaintiff Rich. The motion was denied as to Plaintiff Osborn, though Defendant prevailed against Plaintiff Osborn at trial and judgment was entered in its favor on April 13, 2022. (ROA 155) The formal order granting summary judgment in favor of Defendant and against Plaintiff Rich was entered on March 14, 2022. (ROA 109) On March 24, 2022, Defendant file...

Excerpt: ...his disability, national origin, religion and gender. The initial complaint was filed on February 20, 2019 and asserted causes of action under FEHA and for retaliation in violation of Labor Code § 1102.5. DBO demurred to the Labor Code § 1102.5 cause of action and the demurrer was sustained without leave to amend in September 2019. Plaintiff now seeks to supplement the FAC to add facts which have occurred since the FAC was filed, though the pro...

Excerpt: ...serve verified further responses to each of Plaintiffs' Special Interrogatories, Set One, Numbers 10 and 12, and for sanctions is DENIED. Plaintiffs filed their Complaint on November 5, 2020, alleging claims for breach of contract, breach of the covenant of good faith and fair dealing, promissory fraud, violation of Business & Professions Code section 17200 et seq., and violation of Civil Code section 51.5. Plaintiffs allege Alta failed to pay in...

Excerpt: ...e forms of written discovery, each of which contemplates a separate motion. Instead of filing separate motions as to each separate form of discovery, which is preferred by the Court, Plaintiff filed a singular motion. The Court notes that separate motions are not required by the Code, but combining multiple forms of relief into one motion creates unnecessary complications for the Court in evaluating the [each] motion and is simply not the preferr...

Excerpt: ...ed this action on February 3, 2022, alleging claims for breach of contract, common counts, fraud, negligence, and intentional tort, arising from Plaintiff's sale of his ophthalmology business to Nvision pursuant to the parties' June 21, 2019, Asset Purchase Agreement (the “APA”). Generally, Plaintiff allege Nvision breached the APA and made fraudulent misrepresentations thereunder. Nvision moves to compel the entire matter to arbitration base...

Excerpt: ...ffs' counsel's declaration. These exhibits purported to be certain medical records upon which Plaintiffs' expert relied in forming his opinion that Defendant breached the standard of care. However, Plaintiffs' counsel had only declared that the exhibits were true and correct copies. As noted in Defendant's evidentiary objections, “[h]ospital records and similar documents are often admissible as business records, assuming a custodian or records ...