Excerpt: ...ants also seek an order prohibiting Plaintiff from submitting false statements to this Court or any Court in the future. Legal Standard An attorney or unrepresented party who files a pleading with the court certifies that the pleading has merit “to the best of the person's knowledge, information, and belief, formed after an inquiry reasonable under the circumstances.” (CCP § 128.7(b).) The person certifies that “[t]he allegations and other...

Excerpt: ...e 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.) Plaintiff filed the verified Complaint on December 21, 2021, alleging claims for quiet title, breach of contract, conspiracy to commit fraud, fraud, and declaratory relief. Plaintiff alleges she and her late husband, Abdul Hakim Nasir (who passed away on October 27...

Excerpt: ...ei explained, in pertinent part: "Counsel argued that [the] statu[t]e required an estimate to be provided if the costs were to be split between the parties. There is also a need for a protective order and counsel stated it would be several weeks before the draft would be completed. The Court continued the matter to 05/25/2022 at 9:00 a.m. in this department. Plaintiff is to submit the estimate of costs of noticing the class to defendant and file ...

Excerpt: ... not provide the correct address for Dept. 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 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 doe...

Excerpt: ...nd/or causes of action discussed below will be addressed at the hearing. Counsel 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 a business dispute relating to the production of metal sheets used a “top skins” for “optical tables” manufactured by Newport, a subsidiary of MKS. Plaintiff Hogan Mfg., Inc. (“Hogan”) commenced ...

Excerpt: ...o constitute a cause of action. Plaintiff opposes the demurrer. Analysis Demurrer for Uncertainty “A special demurrer for uncertainty is not intended to reach the failure to incorporate sufficient facts in the pleading, but is directed at the uncertainty existing in the allegations actually made.” (People v. Lim (1941) 18 Cal.2d 872, 883 [118 P.2d 472].) “Such a demurrer should not be sustained where the allegations of the complaint are suf...

Excerpt: ...this action until July 15, 2022, due to Mr. Leal's ongoing recovery and related complications resulting from a stroke. Defendant previously filed a motion to stay on similar grounds on October 20, 2021. (ROA 99.) At the time, Mr. Leal was residing at a rehabilitation center. The Court continued the hearing on that motion to permit Defendants to submit a supplemental declaration from a person at the center. On January 18, 2022, the Court (Judge Sh...

Excerpt: ...ically, call (833) 568‐8864 and enter the Zoom ID: 16146506749. Defendants State of California (the "State"), Governor Gavin Newsom ("Newsom"), and California Department of Corrections and Rehabilitation's ("CDCR") (collectively, "Defendants") demurrer to plaintiffs Paul Christopher ("Paul") and Carrea Christopher's ("Carrea") (collectively, "Plaintiffs") First Amended Complaint is SUSTAINED without leave to amend. Plaintiffs have filed a reque...

Excerpt: ...f moving defendants' seven (7) Undisputed Material Facts, which of plaintiff's own 14 Additional Material Facts, and/or which of the parties' written objections to evidence will be addressed at the hearing. The parties should be prepared to point to specific admissible evidence which is claimed to show the existence or non‐existence of a triable issue of material fact. *** Moving counsel failed to comply with CRC Rule 3.1350(b) and (h), requiri...

Excerpt: ...t Guardian Estate Investments, LLC's (“Guardian”) motion for an order compelling plaintiffs David Stewart (“Stewart”), Decision Detective Corporation (“Decision Detective”), and the D & H Stewart Family Limited Partnership (“Stewart FLP”) (collectively, “Plaintiffs”) to provide further, code‐compliant responses to Guardian's Requests for Production, Set One, and to compel compliance with Plaintiffs' stated agreement to produ...

Excerpt: ...310 and 2031.320 provide authority for two different motions, the former to compel further code‐compliant responses and the latter to compel the production of documents a party agrees to produce. Here, the notice of motion indicates the motion is brought pursuant to Code of Civ. Proc. § 2031.310. However, the actual relief requested for the RFPs at issue is for the production of documents in compliance with GM's supplemental responses. Further...

Excerpt: ...is action as the successors‐in‐interest to Nykolaus Woodward (the “Decedent”). (See Complaint). The Complaint alleges causes of action for wrongful death and a survival action pursuant to Code of Civ. Proc. § 337.30. (See Complaint.) Defendants operate a drinking establishment named Folsom State Slickers. (Complaint, ¶ 8.) According to the allegations, Defendants allow known drug dealers to enter the premises and allow money to be excha...

Excerpt: .../her of Local Rule 1.06 and the Court's tentative ruling procedure and the manner to request a hearing. If moving counsel is unable to contact opposing counsel prior to hearing, moving counsel is ordered to appear at the hearing by Zoom or by telephone. The Court notes that while IRS filed a Notice of Motion to Strike on 4/25/2022, no corresponding memorandum of points & authorities or declaration was filed on or after that date. Instead, accordi...

Excerpt: ...a three step process. First, the Court identifies the issues framed by the pleadings. The pleadings define the scope of the issues on a motion for summary judgment or summary adjudication. (FPI Dev. Inc. v. Nakashima (1991) 231 Cal.App.3d 367, 381‐382.) Because a motion for summary judgment or summary adjudication is limited to the issues raised by the pleadings (Lewis v. Chevron (2004) 119 Cal. App. 4th 690, 694), all evidence submitted in sup...

Excerpt: ...n and Suites in Sacramento, California. On October 25, 2018, Plaintiff and Mr. Bolden checked into the hotel. After checking in to the hotel, Plaintiff and Mr. Bolden decided to go have an early dinner. Upon returning to the hotel, Plaintiff and Mr. Bolden found the hotel's entire parking lot, including all disabled parking spots, was cordoned off and blocked with tape and metal garbage cans. Plaintiff complained to agents of Defendants working a...

Excerpt: .... However, the second demurrer heading states “Demurrer to the Third Cause of Action for Intentional Misrepresentation in Plaintiff's TAC.” However, the intentional misrepresentation cause of action is the fourth cause of action in the TAC. The Court will reach the merits of the demurrer to the fourth cause of action despite the deficient notice because Plaintiff filed a substantive opposition addressing the sufficiency of the fourth cause of...

Excerpt: ...t James Hoblitzell IV, for the purchase of a Mini Mart. In September 2001, Defendant demanded that Plaintiffs sign a Promissory Note and Deed of Trust to secure monthly payments for the purchase. Plaintiffs allege Defendant threatened and coerced them to sign the Promissory Note and Deed of Trust. In March 2005, Defendant caused a Notice of Default to be recorded and began foreclosure proceedings. Plaintiffs initiated litigation against Defendant...

Excerpt: ...nts' objection to paragraph 13 of Christopher Stephenson, M.D.'s (“Dr. Stephenson”) declaration is overruled to the extent that the opinions of other Board Certified psychiatrists are among the types of information an expert may reasonably rely upon in forming their own opinion regarding the appropriate standard of care. (Evid. Code § 801(b).) This action arises from a motor vehicle accident. (See Complaint.) Mrs. Knight and Plaintiff Brian ...

Excerpt: ...le to contact counsel for 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). Plaintiff Yolanda Harper's (“Plaintiff”) motion to compel further responses from Defendant Snider Motors, Inc. to Form Interrogatories, Set One and request for monetary sanctions is ruled upon as fo...

Excerpt: ...ative ruling to Plaintiff Brian Spears within 48 hours. The litigation coordinator is directed to have Mr. Spears available at oral argument on May 26, 2022 at 1:30 pm. Appearance will be by ZOOM. Department 53's Zoom ID is: 161 4650 6749. To appear on Zoom by phone, call (833) 568‐ 8864 and enter 161 4650 6749#. Appearance is required. Defendant John Anderson's (“Anderson”) motion to dismiss for failure to bring to trial is GRANTED. Anders...

Excerpt: ...n with Defendant's selection to purchase Plaintiff's membership interest is GRANTED as follows. This action arises out of plaintiff Victoria J. Straine's (“Plaintiff”) claims related to the formation and management of EVS with Defendant, her brother. Plaintiff's and Defendant's father passed away in 2012, dividing his estate equally between Plaintiff and Defendant. After the assets were divided, the estate was left with approximately $4,000,0...

Excerpt: ...tice Defendants' request for judicial notice of the Memorandum of Understanding between DGS and JRC (the “MOU”) and the California Department of General Services' Notice of Determination (“NOD”) of an environmental impact report is granted. Although the court may take judicial notice of the existence of these documents, it cannot take judicial notice of the truth of the contents of those documents or consider the parties' interpretation o...

Excerpt: ...ated it would be several weeks before the draft would be completed. The Court continued the matter to 05/25/2022 at 9:00 a.m. in this department. Plaintiff is to submit the estimate of costs of noticing the class to defendant and file the estimate with the court. Counsel shall also prepare a protective order for signature, as it needs to be in place prior to the class notice being mailed out. There will be no further briefing allowed except on th...

Excerpt: ...l cannabis cultivation by tenants. Plaintiff alleges City manipulates ordinances to impose strict liability on landlords and used an “unknowing” landlord standard to force settlements all the while ignore provisions of the Health & Safety Code prohibiting the imposition of penalties on unknowing landlords. Plaintiff also contends the City selectively targeted certain ethnic groups, specifically those of Asian descent and conducted sham admini...

Excerpt: ...drix 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 make Mr. Montecastro available by Zoom to participate in oral argument at 9:00 a.m. on the continued hearing date. Department 54's Zoom ID is: ...

Excerpt: ...f plaintiff Gregory Ross' (“Plaintiff”) fractured neck and spinal cord injury, resulting in paralysis and mental and physical incapacity. Defendant moves for summary judgment on the ground Plaintiff cannot establish breach of the applicable standard of care and Defendant did not cause or contribute to Plaintiff's claimed injuries. In evaluating a motion for summary judgment the court engages in a three step process. First, the Court identifie...

Excerpt: ...nst Starwood, Hines and Thyssenkrupp Elevator Corporation (“TEC”). The action arises from an incident when Plaintiff Anita Zanartu alleges she became stuck in an elevator at the property located at 400 Capitol Mall in Sacramento. Plaintiff alleged Starwood owns the subject property and that the Defendants were negligent in creating a dangerous condition. Starwood and Hines filed a cross‐complaint against TEC alleging causes of action includ...

Excerpt: ...ly two court days prior to the hearing. As seen from the moving papers, after a number of extensions, Defendant's responses were due on January 18, 2022. No responses were served until March 23, 2022. The responses were not verified and also contained objections which had been waived due their untimeliness. (CCP § 2030.290(a).) “Unsworn responses are tantamount to no responses at all.” (Appleton v. Superior Court (1988) 206 Cal.App.3d 632, 6...

Excerpt: ...“[s]trike out any irrelevant, false, or improper matter inserted in any pleading” as well as “all or part of any pleading not drawn or filed in conformity with the laws of this state.” (CCP § 436, subds. (a) and (b).) Motions to strike are disfavored. Courts considering such motions must presume the allegations contained therein are true and must consider those allegations in context. (Clauson v Superior Court (1998) 67 Cal.App.4th 1253,...

Excerpt: ...rom Folsom Lake Honda. Plaintiffs allege they received written warranties and express and implied warranties from Defendant in connection with the lease of the Vehicle and that the complaint arises from the warranty obligations. (Comp. ¶ 4.) Plaintiffs alleges they delivered the Vehicle to an authorized service and repair facility on numerous occasions for defects in the Vehicle, including defects related to a “Sensing Defect” which causes w...

Excerpt: ...y 13, 2018. The operative Second Amended Complaint (“2AC”), filed on April 15, 2019, alleges the following four causes of action against FMC and other defendants: (1) negligence, (2) trespass, (3) nuisance, and (4) strict liability ‐ ultrahazardous activity. Plaintiffs allege in or around March or April of 2017, defendant Alpine Helicopter Service, Inc. (“Alpine”) aerially applied a mixture of herbicides, including Shark EW manufactured...

Excerpt: ...serts causes of action for breach of contract, account stated, and open book account. Plaintiff filed the Complaint on September 19, 2019. After receiving leave to amend, Plaintiff filed the operative First Amended Complaint (“1AC”) on September 1, 2020. (ROA 18.) Defendant filed a general denial to both the Complaint and 1AC. (ROAs 7, 22.) Defendant moves to compel arbitration pursuant to the Cardmember Agreement, which contains a provision ...

Excerpt: ... while Plaintiff was attending his pre‐school program. The operative pleading alleges that Plaintiff was sexually assaulted and molested at his pre ‐school program by Mr. Christian Turks, who was a teacher's aide employed by Defendant. Plaintiff alleges that Defendant CDI controlled and operated this preschool program (Raymond Case Child Development Center) where Plaintiff was molested and Defendant CDI negligently hired, retained and supervi...

Excerpt: ...nd opposing counsel at the time of the request which of moving defendants' 101 Undisputed Material Facts, which of opposing plaintiff's 134 Additional Material Facts, and/or which of moving defendants' 109 objections to evidence will be addressed at the hearing. The parties should be prepared to point to specific admissible evidence already in the record which is claimed to show the existence or non‐existence of a triable issue of material fact...

Excerpt: ... that will be addressed at the hearing. Counsel are also reminded that pursuant to local rules, only limited oral argument is permitted on law and motion matters. *** Neither the White Declaration in opposition nor the Zhang Declaration in reply was not considered because such “extrinsic evidence” is beyond the limited scope of what this Court may properly consider in connection with this demurrer: Those facts properly alleged in the challeng...

Excerpt: ...counsel for 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). Defendant Otis Elevator Company's ("Defendant") unopposed motion to dismiss the action pursuant to Code of Civil Procedure section 583.310 for failure to bring the action to trial within five years is GRANTED. “[A]...

Excerpt: ...f a motor vehicle accident that occurred on November 16, 2016. Plaintiff Sharon Hawkins (“Plaintiff”) filed her Complaint on November 16, 2018. Defendant has not been served with the Summons and Complaint and now moves to dismiss the action under Code of Civil Procedure section 583.210, subdivision (a). That subdivision provides: "[T]he summons and complaint shall be served upon a defendant within three years after the action is commenced aga...

Excerpt: ...ounsel of Local Rule 1.06 and the Court's tentative ruling procedure and the manner to request a hearing. Moving counsel is also ordered to appear at the hearing in the event opposing party appears without following the procedures set forth in Local Rule 1.06 (B). Background Plaintiffs John Davis (“Davis”), The Parsonage, LLC, Data International, Inc., Primo Acquisitions I, LLC, and Maggie Funding, LLC (collectively, “Plaintiffs”) filed t...

Excerpt: ...orrect department for the hearing of this motion, the correct address for Dept. 53/54, Local Rule 1.06 and the Court's tentative ruling procedure and the manner to request a hearing. If moving party is unable to contact opposing counsel prior to hearing, moving party is ordered to appear at the hearing. In this action, Plaintiff alleges that he experienced discrimination while shopping in various stores: Home Depot, 99 Cent Only Stores, and Wal �...

Excerpt: ...ara Xavier's residency at a skilled nursing facility. Plaintiff/Decedent's daughter, Plaintiff Pauline McFadden, brings claims individually and as Ms. Xavier's successor‐in‐interest. Defendants contend that Ms. Xavier's claims are subject to binding arbitration because Ms. Xavier signed an arbitration agreement on May 29, 2021 and agreed that “any dispute as to medical malpractice, that is as to whether any medical services rendered under t...

Excerpt: ...ide notice of the Court's tentative ruling system, as required by Local Rule 1.06. (See Local Rule 1.06(D).) Moving counsel is directed to contact opposing counsel and advise them of Local Rule 1.06 and the Court's tentative ruling procedure and the manner to request a hearing. Moving counsel is also ordered to be available at the hearing in the event opposing counsel appears without following the procedures set forth in Local Rule 1.06(B). Gover...

Excerpt: ...7753 Detroit Boulevard, Sacramento, California. According to the motion, after nine months of payments by unknown parties, SMUD discovered that the subject property's service meter was bypassed, the home was being used as a marijuana grow house, and an estimated $3,000 of electricity per month was misappropriated. Defendant initially represented himself and contends his identity was misappropriated. This matter initially went to a bench trial in ...

Excerpt: ...1:30 pm. Appearance will be by ZOOM. Department 53's Zoom ID is: 161 4650 6749. To appear on Zoom by phone, call (833) 568‐ 8864 and enter 161 4650 6749#. Appearance is required. Defendant John Anderson's (“Anderson”) motion to dismiss for failure to bring to trial is GRANTED. Anderson and Plaintiff's separate requests for judicial notice are unopposed and granted in their entirety. CCP § 583.310 provides in its entirety: “An action shal...

Excerpt: ...tiff Pamela Palmieri (“Palmieri”) alleges that she represented Plaintiff Gilliland in a foreclosure related matter. Palmieri alleges she had a contingency fee agreement allowing for a percentage of the gross recovery and also provided her a charging lien for any sums owing for unpaid fees and costs. The Second Amended Complaint (“SAC”) alleges Palmieri associated with Defendants in 2016 and recommended that Gilliland follow her. The SAC a...

Excerpt: ...aring, 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). Plaintiff Kelly Jones' (“Plaintiff”) motion for attorneys fees is ruled upon as follows. This is a lemon law action that arises out of Plaintiff's purchase of a 2018 Jeep Renegade. After early settlement attempts were unsuccessful, on December 8, 202...

Excerpt: ...ng to PAUL CHRISTOPHER 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 PAUL CHRISTOPHER need not request oral argument. The Litigation Coordinator shall make PAUL CHRISTOPHER available, by Zoom telephonically, at 9:00 a.m. on the date of the continued hearing date, which will be May 31, 2022,...

Excerpt: ... pursuant to Government Code § 815.2; and (3) Violation of Government Code § 815.6. The SAC arises from allegations that “cybercrimes” were being committed against Plaintiff and his family. He alleges that he first contacted Defendant in August 2017 to ask for help. (SAC ¶ 50.) Plaintiff alleges that “cyber criminals” were targeting his small business and his two minor children. (Id. ¶ 55.) He alleges that the “cyber criminals” we...

Excerpt: ...endant In Self Storage 16, LLC dba In RC Storage South Sacramento's (“RC Storage”) demurrer to Cross‐Complainant Steven M. Vanderlick, dba Mach One Towing's (“Mach One”) Cross‐Complaint is ruled upon as follows. Overview In this action, pro per plaintiff Willis (“Willis”) alleges that he stored his 2004 Fleet Camper (“Camper”) at RC Storage's facility. Willis alleges that despite being current on his monthly payments, RC Stora...

Excerpt: ...e of discovery in this case, Ms. Bennett has repeatedly sought to depose Mr. Magby, starting in October 2021, when Ms. Bennett served Mr. Magby with a Notice of Deposition, designating a deposition date of November 8, 2021. On the day of deposition, Mr. Magby's counsel stated that he was unaware of the deposition and that Mr. Magby would not appear. Ms. Bennett promptly served a First Amended Notice of Deposition, setting a new deposition date of...

Excerpt: ...TS Plaintiff presents the following facts in its separate statement: Defendant Benny Penrose applied to Plaintiff for a credit card account and entered into a written credit card account agreement with plaintiff for the account number ending in 6518 (the "Account"). (UMF 1, 10.) Defendant agreed to be bound by the terms and conditions set forth in the Cardmember Agreement when the defendant applied for, received or used the credit card account, w...

Excerpt: ... enter the Zoom ID: 16146506749. Plaintiff TBF Financial I, LLC's (“Plaintiff”) motion for terminating sanctions against defendant in pro per Arnold Butler aka Arnold Devonne Butler aka Arnold Devonnea Butler (“Butler”) is UNOPPOSED and GRANTED as follows. On September 30, 2021, this Court granted Plaintiff's unopposed motion to compel responses to discovery requests and to deem matters admitted. The Court ordered Defendant to serve verif...

Excerpt: ...rs. Plaintiff alleges that Marshall transferred interest of the real and personal property to her. Relying on Defendant's alleged representations, Plaintiff undertook modifications and improvements to the property with Defendant's knowledge. Thereafter, Defendant and co‐owner Kim Gavin Marshall demanded Plaintiff and her daughters vacate the property and instituted an unlawful detainer action. Plaintiff filed this action on January 6, 2022, all...

Excerpt: ...Law Group PC's untimely opposition filed and served on May 9, 2022, only seven court days before the hearing. The Court denied as unnecessary Plaintiffs' ex parte request to continue this hearing so that their opposition may be considered. Defendants were able to file a complete reply, albeit one day late which is of course excused due to the late opposition. Given that Defendants were able to file a meaningful reply, the Court shall address the ...

Excerpt: ...amilybased dispute between Plaintiffs Muhammad Younas Malid and Nazia Jabeen Iqbal and Ms. Iqbal's siblings, Shazia Jabeen, Moshan Iqbal, and Ashan Iqbal. The disputes between the siblings regarding their father, Zafar Iqbal, and his care and property have been ongoing for over six years in both this Court and the Yolo County Superior Court. In 2019, Defendants represented Shazia Jabeen in an already‐filed Petitioner for Conservatorship over th...

Excerpt: ... on today's calendar by way of the Court's April 22, 2022 ex parte order. In his 186 page first amended complaint (“FAC”) containing 709 paragraphs, Plaintiff alleges claims of employment discrimination under the Fair Employment and Housing Act, Government Code, Labor Code and the California Constitution arising out of his employment with defendant. In addition, the FAC alleges a twelfth cause of action for defamation against CDT and 19 forme...

Excerpt: ...unsel of Local Rule 1.06 and the Court's tentative ruling procedure. If Petitioners' counsel is unable to contact Respondent's counsel prior to the hearing, Petitioners' counsel shall be available at the hearing, by Zoom as stated in the introductory NOTICE to today's Tentative Rulings, in the event Respondent's counsel appears without following the procedures set forth in Local Rule 1.06(B). Petitioners' petition for order compelling compliance ...

Excerpt: ...ve pleading is the TAC, which was filed on November 1, 2021 and asserts causes of action for (1) negligence, (2) concealment, and (3) intentional misrepresentation. The TAC sets forth the following allegations: In August 2012, HBE Corporation (“HBE”) hired Plaintiff as a subcontractor to install a Modified Bitumen built‐up roofing (“BUR”) system at the Frank R. Howard Memorial Hospital (“the Project”). (TAC ¶ 4.) Defendant Scott wa...

Excerpt: ...ly, “Plaintiffs”) filed their form Complaint on February 9, 2021, alleging causes of action for motor vehicle (personal injury), general negligence, and loss of consortium. The Complaint alleges “Defendants owed Plaintiffs and others on the road a duty of care and breached that duty by operating vehicles in manners that caused motor vehicle collision to plaintiffs' vehicle. Defendants also violated California Vehicle Code Section 216658. Pl...

Excerpt: ...s Windsor Norcal 13 Holdings, LLC; S&F Management Company, LLC; S&F Management Company, Inc.; Lee Samson; Lawrence Feigen; and Donny Feldman's (collectively, the “Windsor Corporate Defendants”) joinder is granted. In this elder abuse action, plaintiff Katherine Felkins, individually and on behalf of her father, Donald Knestrict, as his successor‐in‐interest, allege causes of action arising out of the care Mr. Knestrict received at Windsor...

Excerpt: ...t John Mourier Construction, Inc. (“John Mourier”) within the development commonly known as the Bishop Ranch subdivision located in Elk Grove, California (the “Subject Project”). The action has been overseen by Special Master John Riddle. Plaintiffs filed this action on June 16, 2015, against multiple defendants, including John Mourier. The operative Second Amended Complaint was filed on April 9, 2018. John Mourier filed a Cross‐Complai...

Excerpt: ...ient's relative that Respondent was prescribing various opioids to the patient for seven to eight years, which combined with the patient's alcoholism, resulted in a marked decline in the patient's health. (Cogan Decl., ¶ 2.) The complaint included information that the patient had been involved in an alcohol‐related motor vehicle collision and several suicide attempts. (Cogan Decl., ¶ 2.) In a telephone interview, the patient admitted to a lif...

Excerpt: ...able to contact counsel for 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 motion of Defendant City of Sacramento (“City”) to compel further responses to the City's Special Interrogatories, Set One (“SROGs”), is GRANTED, in part, and DENIED, in part. The City pro...

Excerpt: ...rts, before” the Court rules on defendants Jennifer Kelly, Veronica Crudo, Matthew Crudo And Melissa Jimenez's (collectively “Defendants”) motion to compel Plaintiff Trap LLC's compliance with settlement agreement, which is being concurrently heard. Plaintiff states that “[i]t is expected that Plaintiff can not [sic] object to any offer of $240,000 or higher despite his ability to bid on the property. Because there was no ongoing business...

Excerpt: ...t or orally before the court, for settlement of the case, or part thereof, the court, upon motion, may enter judgment pursuant to the terms of the settlement. If requested by the parties, the court may retain jurisdiction over the parties to enforce the settlement until performance in full of the terms of the settlement.” Thus, CCP § 664.6 allows the Court upon motion to enter judgment pursuant to the terms of a settlement where the parties st...

Excerpt: ...tire Complaint or, in the alternative, striking certain portions is GRANTED in part and DENIED in part as follows. Defendants' request for judicial notice is granted. Plaintiff filed a Complaint against Defendants on December 15, 2021, alleging a single cause of action for retaliation in violation of California Health & Safety Code section 1278.5, which protects healthcare workers and medical staff from retaliation for reporting unsafe patient ca...

Excerpt: ...tional time, beyond any limits imposed by this section, if needed to fairly examine the deponent or if the deponent, another person, or any other circumstance impedes or delays the examination.” This is a medical malpractice action brought by the successors in interest of their brother, Matthew Simpson (“Decedent”). Plaintiffs Beverly Simpson and Jennifer Taylor (collectively “Plaintiffs”) assert claims against multiple defendants, incl...

Excerpt: ...property located at 2601 5th Street, Sacramento, California (“Subject Property”) as a public nuisance pursuant to Civil Code sections 3479 and 3480 and Sacramento City Code chapters 8.04, 8.96, 8.100, and 15.04. (MPA, 5.) Plaintiff also requests an order that Defendants secure the Subject Property pending remedial repairs and full compliance with the Sacramento City Code. (Id., 5‐6.) Since the Court's Order on 3/2/202, Defendants Eugene Bug...

Excerpt: ...oving counsel is directed to contact opposing counsel and advise them of Local Rule 1.06 and the Court's tentative ruling procedure and the manner to request a hearing. If moving counsel is unable to contact opposing counsel prior to the hearing, moving counsel is ordered to appear at the hearing by Zoom or telephone. VSS's opposition fails to comply with the Rules of Court which require that “[a] memorandum that exceeds 10 pages must include a...

Excerpt: ...hile no class member indicated any intent to appear at the hearing, this does not relieve the parties from appearing at the hearing or otherwise render the instant ruling final in the event oral argument is not requested. The Court will not render a final ruling until it holds the final approval hearing. Any and all appearances for the hearing may be made via Zoom. For class members not otherwise required to appear, to request oral argument on th...

Excerpt: ... a Welfare & Institutions Code § 5150 psychiatric evaluation. Mercy Folsom Hospital has an arrangement with Defendant BHC Heritage Oaks Hospital, Inc. (“Heritage Oaks”) for PET evaluators to assess patients in the Mercy Folsom Hospital emergency department for 5150 involuntary holds for evaluation and treatment. Mr. Brody presented to Mercy Folsom Hospital to conduct an evaluation of Mr. Cannon. Mr. Brody evaluated Mr. Cannon and spoke with ...

Excerpt: ...r Defendant Simons could not locate him, despite multiple voice messages, emails, and hiring an investigative analyst. (Ibid.) On May 27, 2021, Plaintiffs filed their Complaint alleging a cause of action for motor vehicle/negligence. (ROA 1.) On June 18, 2021, Plaintiffs filed a First Amended Complaint (“FAC”). (ROA 8.) On September 27, 2021, Defendant Simons answered the FAC. (ROA 12.) On October 25, 2021, Plaintiffs propounded and served Fo...

Excerpt: ...it appears Drake's motion is in a reality a Motion for Terminating Sanctions ‐ “Under the totality of the facts in this case, terminating sanctions under CCP 2023.030 is [sic] appropriate and Drakes request [sic] Roberts answer be stricken . . .” (Mov. P&A, ¶ 9: 2‐6.) Drake is admonished for failing to comply with the California Rules of Court regarding format of motion papers. (See Cal. Rules of Court, rules 3.1110 ‐ 3.1113.) FACTS: O...

Excerpt: ...ws. Plaintiffs' Ex Parte The Court notes that on the same day Plaintiffs filed their opposition brief, Plaintiffs filed an ex parte application to allow an oversized brief in support of Plaintiffs' opposition to the instant petition. (ROA 35‐ 39.) Days later, on May 4, 2022, Plaintiffs filed a Proposed Order granting their ex parte application. (ROA 40.) Plaintiffs failed to comply with CRC Rule 3.1113(e) which requires a party to apply to file...

Excerpt: ...unsel and advise him/her of Local Rule 1.06 and the Court's tentative ruling procedure and the manner to request a hearing. Moving counsel is also ordered to be available at the hearing in the event Defendant appears without following the procedures set forth in Local Rule 1.06(B). Background The underlying action is a representative action under PAGA based on alleged violations of the Labor Code and Industrial Welfare Commission Order No. 4‐20...

Excerpt: ... §§ 12900et seq.) On March 29, 2022, Plaintiff filed a Notice of Conditional Settlement. On March 10, 2022, Plaintiff accepted Defendant's CCP § 998 Offer, which provides for payment of $50,000.01 in return for a dismissal with prejudice, “exclusive of any and all recoverable attorney's fees and costs.” (Allen Dec., Exh. A.) Plaintiff now seeks attorneys' fees and costs pursuant to Government Code section 12965 in the amount of $23,695 (re...

Excerpt: ...D‐19 NOTICE: All attorneys and self‐represented parties in law and motion hearings are encouraged to appear viaCourt Call. You may contact Court Call as follows: www.courtcall.com or call 888‐882‐ 6878. You must check in by 8:20AM for the 8:30 AM calendar. To submit on a tentative decision, e‐mail the Court at [email protected] or by fax to Judge McKaig'ssecretary at 805‐477‐ 8790. If a party submits on the tentative...

Excerpt: ...intiff's request for admissions to Defendant Akaash Pardesi were deemed admitted on November 10, 2021. 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." (C.C.P. 438(c)(1)(A).) The grounds for the mo...

Excerpt: ...um selection clause designating Indiana as the exclusive forum. In the complaint Plaintiffs allege causes of action against Defendants for violation of the Song‐ Beverly Consumer Warranty Act, the Magnusson‐Moss Warranty Act and violation for Business & Professions Code § 17200. Plaintiffs allege they purchased a RV from Demartini RV Sales on August 13, 2021 which was manufactured by Forest River. Plaintiffs allege that Ford manufactured the...

Excerpt: ... Defendants' unopposed motion to compel Plaintiff Brett Charles' ("Plaintiff") attendance at deposition along with the documents requested. (ROA 87.) The Court ordered Plaintiff to appear for deposition and submit to examination along with the documents requested no later than October 15, 2021 unless Defendants agreed to a later date memorialized in writing. (Ibid.) The Court ordered the parties to “meet‐and‐confer in an attempt to find a m...

Excerpt: ...ndividual claims based on Labor Code violations and also alleges a cause of action seeking penalties pursuant to Labor Code § 2698 et seq. (Private Attorneys General Act of 2004 [“PAGA”].) Defendants filed a cross‐complaint alleging claims for breach of contract and more premised on allegations that Plaintiff failed to pay rent. At issue on the instant motion are Defendant Shin Takeshima's (“Takeshima”) responses to Plaintiff's special...

Excerpt: ...inez (the “Decedent”) was a resident at Defendant's adult residential facility Cupino Home (the “Facility”). In the FAC, Plaintiffs allege the Decedent was diagnosed with Autism Spectrum Disorder. (FAC ¶ 30.) Plaintiffs allege she was “essentially non‐verbal with a history of substantial defects in the areas of self‐care, communication, and cognition. Like many with autism, new situations or new persons or caregivers were stressful...

Excerpt: ...�� collectively) filed their Complaint against Defendants. According to the Complaint, Plaintiffs were tenants of a unit (the Premises) at a multiresidential property (the Property) located in Sacramento that Defendants owned, controlled, or managed during the relevant period of time. (Complaint, ¶¶ 2, 6.) Plaintiffs entered a residential lease agreement for the Premises with Defendants around January 2018. (Id., ¶ 15.) The Property is located...

Excerpt: ...�Respondent”) is GRANTED as follows. On November 12, 2021, Petitioners served Respondent investigational subpoenas pursuant to Gov't Code §§ 11180 & 11181. The subpoenas are part of Petitioners' investigation of whether Respondent is in full compliance with the requirements of Gov. Code § 100705(c)(2). Respondent purports to be a health care sharing ministry (“HCSM”). HCSMs must meet certain requirements to be exempted from the requireme...

Excerpt: ...e 1.06. Moving counsel is directed to contact opposing counsel and advise counsel of Local Rule 1.06 and the Court's tentative ruling procedure and the manner to request a hearing. Moving counsel is also order to be available at the hearing in the event opposing counsel appears without following the procedures set forth in Local Rule 1.06(B). Background In this FEHA disability discrimination action, Plaintiff David Ridge (“Plaintiff”) alleges...

Excerpt: ... California 95814. Defendant shall notify Plaintiff immediately. This is an employment class action. Defendant employed Plaintiff as an hourly, nonexempt employee from approximately May 2019 to February 2020. (Compl. ¶ 18.) On November 3, 2021, Plaintiff filed his Class Action Complaint alleging various violations of the Labor Code and the California Business and Professions Code. These include claims for unpaid overtime, unpaid meal period prem...

Excerpt: ... violations of the Patient's/Resident's Bill of Rights brought by plaintiff Kara Hagstrom, by and through her Guardian ad Litem, Wesley Hagstrom (“Plaintiff” or “Kara”). Plaintiff is a bedbound, non‐verbal, developmentally disabled adult. Plaintiff filed the Second Amended Complaint (“2AC”) on January 30, 2020, naming Alta as a defendant. Alta's demurrer to the 2AC was sustained with leave to amend on September 3, 2020. (ROA 144.) P...

Excerpt: ...result of the collision, Plaintiff alleges personal injuries. Plaintiff filed her Complaint for negligence on June 22, 2020. Plaintiff is claiming injury to her left and right shoulders, neck, and upper and lower back. (Fleming Decl. ¶ 5, Exh. B (Plaintiff's Depo. at pp. 131:21‐133:24, 134:11‐19).) Plaintiff's discovery responses indicate that as of September 10, 2020, she continued to have left shoulder pain. Plaintiff underwent left should...

Excerpt: ...uest for judicial notice 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 [“[W]hile the existence of any document in...

Excerpt: ...ed upon defective service. Plaintiff filed his Complaint on August 24, 2018, alleging claims for violation of Civil Code sections 51 and 51.7, conversion, intentional infliction of emotional distress, Consumer Legal Remedies Act, and injunctive relief. Plaintiff now seeks to add causes of action for fraud, negligence, and violations of the Song‐Beverly Consumer Warranty Act, and to remove the claim for injunctive relief. Plaintiff contends the ...

Excerpt: ...is ruled upon as follows. Request for Judicial Notice Plaintiffs' request for judicial notice is unopposed and granted. Background As stated by the Third District Court of Appeal, this action was “brought against various individuals and entities . . . in the aftermath of a series of investments gone wrong.” (Remittitur at p. 4, ROA # 1779.) Plaintiffs filed the original complaint on May 10, 2012. The operative pleading is the Third Amended an...

Excerpt: ...investment scheme. On or about February 15, 2022, Plaintiff served a deposition subpoena for production of business records on Bank of America, N.A. (Declaration of Ray Guanill, Jr. (“Guanill, Jr. Decl.”), Ex. A.) The subpoena stated: “FOR EACH AND EVERY ACCOUNT, INCLUDING CHECKING, SAVINGS, OR ANY OTHER ACCOUNT IN ANY FORM, HELD, OR EVER HELD, BY A CALIFORNIA BASED LIMITED LIABILITY COMPANY IDENTIFIED AS: (I) "R & S REI LLC" AND/OR (2) R &...

Excerpt: ...fendant Christopher Vrame (“Defendant”) to comply with Plaintiffs' demand for inspection of the company's books and records. This motion was initially set for hearing on March 23, 2022. The Court continued the hearing on this matter and ordered the parties to further meet and confer and submit a joint statement that states which discovery requests have been resolved and which requests remain outstanding. (ROA 34.) The parties submitted a join...

Excerpt: ...taliation in violation of Labor Code § 1102.5. (First Amended Complaint.) This motion was initially set for hearing on March 23, 2022. The Court continued the hearing on this matter and ordered the parties to further meet and confer and submit a joint statement that states which discovery requests have been resolved and which requests remain outstanding. (ROA 57.) The parties submitted a joint statement and the Court will address the issues rais...

Excerpt: ...Superior Court, Plaintiff David Fred Blakefield (“Blakefield”) was found to be liable to the plaintiff in that action, David Lonich, based on acts undertaken by Blakefield's agent, Defendant James Loren Franklin. (“Franklin.”) Following the judgment, Blakefield filed this action on April 2, 2019 against Defendants Franklin and Marron Road Ventures, LLC. Blakefield alleges that Franklin was not specifically authorized by Blakefield to pay ...

Excerpt: ...essed 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 Department of General Services (“DGS”) motion for summary judgment, or in the alternative, summary adjudication, is ruled upon as follows. I. Overview This action arises from a construction and leasing agreement between DGS and Plaintiff, CHP Facility...

Excerpt: ...resent motion and therefore Plaintiff did not file an opposition. Plaintiff argues that his attorney first learned of the motion on April 7, 2022, when counsel for McGinness informed counsel for Plaintiff that they had not received an opposition to the present motion. Plaintiff argues the only motion for summary judgment he was aware of was filed on December 15, 2021 and set for hearing on March 3, 2021, but was subsequently dropped by McGinness ...

Excerpt: ...oway (“Calloway”) entered the B&W liquor store in Sacramento, California with the intent of robbing the liquor store at gunpoint. Plaintiffs' Decedent held a gun to the head of Defendant Garzon (“Garzon”). Garzon knocked the gun from Plaintiffs' Decedent's hands, grabbed the gun, and then started firing and hit Plaintiffs' Decedent and Calloway. Both Plaintiffs' Decedent and Calloway were hit, Calloway survived but Plaintiffs' Decedent su...

Excerpt: ... consolidated eminent domain actions filed in Monterey County Superior Court involving three parcels of real property. Desmond represented Jarvis individually and in his capacity as a general partner of the partnership in which Jarvis was a half owner with his brother James Jarvis, Jarvis Properties. In October of 2015, Jarvis signed a fee agreement with Desmond on behalf of himself and on behalf of the partnership in his capacity as a general pa...

Excerpt: ... and (3) interference with contract. The Complaint and this motion for preliminary injunction were personally served on Defendants Lisa Simon (“Simon”) and Haute Caviar Company, LLC (“Haute Caviar”) through Simon, its agent for service of process, on April 7, 2022. (ROA 20‐23.) The Complaint and this motion for preliminary injunction were also served on Defendants Deborah Keane (“Keane”) and California Caviar Company, LLC (“Califo...

Excerpt: ...ment is permitted on law and motion matters. *** Defendants Northland Group, Inc. (“Northland”), LVNV Funding, LLC (“LVNV”) and Resurgent Capital Services, L.P.'s (“Resurgent”) (collectively “Defendants”) demurrer to Plaintiff Marianne Lourick's (“Lourick”) second amended complaint (“SAC”) is ruled upon as follows. The Court, in its discretion, will consider Defendants' memorandum of points and authorities although it exce...