Excerpt: ...lectively, “Defendants”) demurrer to Plaintiff in pro per Larry Redic's (“Plaintiff”) complaint is ruled upon as follows. Defendants' request for judicial notice of Executive Order N‐ 33‐20 is granted. The Court declines to take judicial notice that the Order “does not establish specific COVID ‐19 safety protocols for California's prisons.” (See, Def.'s RJN at 1:26‐27.) The Court notes that Plaintiff filed an opposition on Aug...

Excerpt: ...10 employment causes of action under provisions of the Labor Code and FEHA. On November 4, 2021, the Court granted Plaintiff's former counsel's motion to withdraw as Plaintiff's counsel of record in this matter. (ROA 24.) Defendant had served Plaintiff's former counsel with a notice to take Plaintiff's deposition on September 10, 2021, with the deposition scheduled for November 2, 2021. (Moores Decl., ¶ 6, Exh. B.) Defendant later served an amen...

Excerpt: ...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 support of or in opposition to the motion must be addressed to the claims and defenses ra...

Excerpt: ...ims stem from a home loan taken out by Defendant from Cal State 9 Credit Union (“CS9”) on or about October 18, 2006. The loan was secured by a second deed of trust and recorded with the Sacramento County Recorder's Office on May 1, 2007. The loan was ultimately sold to Plaintiff via an allonge executed by CS9 effective May 16, 2008. On July 14, 2008, an assignment of deed of trust was recorded with Sacramento County Recorder's Office transfer...

Excerpt: ...ff's motion is UNOPPOSED and ruled upon as follows. The notice of motion does not provide notice of the Court's tentative ruling system, as required by Local Rule 1.06. Plaintiff's counsel is directed to contact Defendant and advise Defendant 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 Defendant prior to hearing, moving counsel is ordered to appear at th...

Excerpt: ...tion of this demurrer. The Court will not repeat the summary of the facts alleged in the complaint since it already summarized the facts in ruling on co‐defendant Trustee's demurrer. As pertinent here, Plaintiff alleges that Defendants purchased the Property from The Betty M. Comeau Trust, dated May 7, 2019, Brian A. Puiia, Successor Trustee. (Complaint, ¶ 2.) Defendants demur to the following “causes of action”: ∙ Quiet title on the gro...

Excerpt: ...ons in the amount of $247.50. (Wright Decl., ¶ 7; ROA 25.) On March 17, 2022, the Court denied a prior motion for terminating sanctions on grounds of improper service. (Wright Decl., ¶ 11; ROA 45.) Defendant provided discovery responses in mid‐May. (Wright Decl., ¶ 13.) Plaintiff believed the responses were deficient and brought a motion to compel further responses, which was granted on July 27, 2022. (Wright Decl., ¶¶ 15‐ 16; ROA 69.) A...

Excerpt: ... 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. Background Plaintiff initiated this wrongful termination action against Defendant Safeway Inc. (“Defendant”) on July 18, 2019. Plaintiff's complaint included a total of seventeen causes of action. The first 11 causes of action were brought under the Fair Employment and Housing Act (�...

Excerpt: ...line and several agreements relating thereto, one of which contains an arbitration clause. More specifically, the “Cotenancy Agreement” dated 6/1/1984 provides in Section 13.2 that “Disputes arising under this Agreement that have not been resolved under Sections 13.1 or 15.2.3 shall be settled through binding arbitration as provided in this Section 13.2.” Moving Papers. Petitioners now seek compel arbitration of their claims against DWR a...

Excerpt: ...o file a response by November 1, 2022, which they did. The Court now addresses Plaintiffs' showing below. Background This is a lemon law action that was filed on March 18, 2014. Fourteen months later, on May 19, 2015, the parties reached a conditional settlement when Plaintiffs accepted Defendant FCA US LLC's (“Defendant”) CCP section 998 offer to compromise. Plaintiffs filed a notice of conditional settlement on October 28, 2015, which state...

Excerpt: ...ommodate and violations of the Labor Code. Plaintiff's discrimination, retaliation and failure to accommodate causes of action also include allegations that Defendant discriminated against her due to her association with her son, who suffered from depression, had special needs, and suicidal ideations. Plaintiff alleges that she requested a reasonable accommodation for her son's disability, but Defendant failed to accommodate her request. She furt...

Excerpt: ... a result of injuries sustained by Plaintiff. The parties agree that some mental examination of Plaintiff is appropriate. However, despite their meet and confer efforts, the parties were unable to resolve whether 1) there is good cause to conduct the mental examination in Palo Alto, more than 75 miles from Plaintiff's residence, 2) whether the exam may include the Calibrated Neuropsychological Normative System (“CNNS”) test, and 3) whether De...

Excerpt: ...d by Local Rule 1.06, and does 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....

Excerpt: ...ourt'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. This action arises out of an incident that occurred on August 25, 2018, wherein plaintiff Miguel Ledezma (“Plaintiff”) was replacing wood siding around the exterior of Defendant's home. Plaintiff stepped onto the roof and awning above a first‐floo...

Excerpt: ...3(f), requiring both a table of contents and table of authorities when a brief exceeds ten pages (when such page length is permissible). To the extent plaintiffs' Reply proffers “new evidence” which the opposition did not have an opportunity to address, the “new evidence” was not considered by the Court. Defendants' three written objections to the Murphy Declaration in Reply are sustained. Factual Background This is an action for wrongful...

Excerpt: ...he Court's tentative ruling system as required by Local Rule 1.06(D). Plaintiff is ordered to notify Defendants immediately of the tentative ruling system and the manner to request a hearing. If Plaintiff is unable to contact Defendants prior to hearing, Plaintiff is ordered to appear at the hearing. On September 2, 2020, Plaintiff submitted her written notice under Labor Code § 2699.3 (the "PAGA Notice") to the Labor and Workforce Development A...

Excerpt: ... stop initiated by Rose. Plaintiff filed her original Complaint on August 12, 2021, her First Amended Complaint on November 30, 2021, and the operative 2AC on June 16, 2022. (ROAs 1, 8, 21.) The 2AC alleges causes of action for negligence (Gov. Code § 815.2(a), assault, Ralph Act violation (Civ. Code § 51.7), and Bane Act violation (Civ. Code §§ 52.1 and 52.) This is the first challenge to the pleading. The following facts are alleged in the ...

Excerpt: ... 54 Cal.App.4th 216, 219; Nordlinger v. Lynch (1990) 225 Cal.App.3d 1259, 1271; Boyle v. City of Redondo Beach (1999) 70 Cal.App.4th 1109, 1114, fn. 2.) “If the complaint states a cause of action under any theory, regardless of the title under which the factual basis for relief is stated, that aspect of the complaint is good against demurrer." (Quelimane Co. v. Stewart Title Guaranty Co. (1998) 19 Cal.4th 26, 38‐39; Bagatti v. Dept. of Rehabi...

Excerpt: ...theless considered, although it did not alter the outcome of this motion. The Borkowski Declaration filed on 11/7/2022 in support of Request for Judicial Notice was also not timely filed or served and was not considered because it was filed after the reply papers, depriving defendant Mayfield of an opportunity to address it in the reply papers. But even assuming it were considered and judicial notice of the attached documents were granted, judici...

Excerpt: ...pposing counsel and advise 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. This motion concerns a $15,000 Contractor's License Bond issued by ACIC to Swan Engineering, Inc. as principal pursuant to Business and Professions Code sections 7071.5 and 7071.11. (Hayes Decl. ¶ ...

Excerpt: ...and charges against Hall were dismissed. On December 27, 2020, Hall purportedly submitted a Claim for Damages and Restitution to the Sacramento County Board of Supervisors ("Claims") (although no such Claim is submitted with the Petition). Although Hall suggests that the Board of Supervisors did not respond to his Claim, Hall submits Notice of insufficiency from January 11, 2021, stating that the Claim failed, for a number of reasons, to substant...

Excerpt: ...�). In filing that petition, SCA also moved to seal essentially the entire petition and accompanying exhibits, which constituted thousands of pages. Sutter opposed the motion to seal in part and also filed an opposition to the petition to vacate with a narrower motion to seal portions of the opposition. Sutter also filed its own petition to confirm the award. As a result of the parties' dispute over the breadth of the proposed sealing of the resp...

Excerpt: ...sault and intentional infliction of emotional distress. Plaintiff David Zelnick, individual, and as trustee of the David D. Zelnik Trust dated June 12, 2013 alleges that he and Defendants own neighboring properties (“Properties”). (FAC, ¶P 7‐8.) The Properties are located in a common interest development commonly referred to as the Oaks at Carmichael (“the Oaks”). Both Properties are rentals. (Id.) Plaintiff alleges that Defendants ins...

Excerpt: ... § 425.16. (ROA 205.) A formal judgment was entered in Defendants favor on October 19, 2022. (ROA 231.) The judgment indicates attorney fees and costs shall be separately sought. (ROA 231.) On August 26, 2022, Defendants filed the instant motion seeking an award of attorney's fees in the amount of $50,982.50 for 131.5 hours of work and costs in the amount of $1,935.18. Plaintiff opposes the motion. In sum, Plaintiff argues the fees should not be...

Excerpt: ...nts' motion to compel Plaintiff's initial responses is DENIED since Plaintiff served responses to the discovery prior to Defendants filing of the motion. Defendants' alternative motion to compel Plaintiff's further responses is GRANTED. Plaintiff filed a “partial opposition.” As an initial matter the Court is not persuaded by Plaintiff's argument that the discovery is defective because Holt did not sign the discovery requests. Plaintiff proff...

Excerpt: ...ing party. Carolina's argument is based on its assertion that its motion for new trial was pending at the time the motion to strike was filed. Here, the motion to strike is denied as this Court granted Lexington's motion to be deemed the prevailing party on October 26, 2022. As the Court noted in that ruling, Carolina's motion for new trial was denied. (ROA 1130.) Next, Carolina moves to tax certain costs set forth in Lexington's cost memorandum,...

Excerpt: ... Neglect of an Elder and Dependent Adult; (2) Negligence/Negligence per Se; (3) Violation of Resident's Bill of Rights; (4) Fraud/Misrepresentation; (5) Financial Elder Abuse; (6) Unfair Business Practices pursuant to Business and Professions Code § 17200 and (7) Wrongful Death in connection with allegations related to the Decedent's residency at Empire Ranch Alzheimer's Care Center. Defendants seek to compel the matter to arbitration pursuant t...

Excerpt: ...t and Plaintiffs. On August 29, 2022, Plaintiffs filed an Application for Good Faith Settlement Determination. Plaintiffs have settled with non‐party insured Julie P. Armenta (“Armenta”) for $1,000,000 in exchange for Plaintiffs' full and complete release of Armenta, and waiver of all residual rights otherwise reserved by California Civil Code §1542 against her, associated with all claims against her arising from or relating to an auto/ped...

Excerpt: ...roperty at a tax auction. The operative pleading is the verified Second Amended Complaint (“SAC”). The SAC indicates the subject property was previously owned by Nicholas Galabov. Prior to July 27, 2009, the City of Sacramento assessed fees for code enforcement totaling $8,945.23. (SAC, ¶ 7.) The SAC alleges the full amount of the fees were credited on February 22, 2016 and are no longer due. (SAC, ¶ 7.) As of August 31, 2016, there was a l...

Excerpt: ...lleged the following causes of action: (1) negligence, (2) negligent supervision/training/hiring/retention, (3) sexual battery, (4) assault, and (5) violation of civil rights under various provisions of the Civil Code. Plaintiffs' claims arise out of alleged sexual abuse that occurred in approximately 1988‐1990 when Plaintiffs were minors. (Complaint, ¶¶ 7‐ 11.) Plaintiffs are all now over 40‐years‐old. (Ibid.) The complaint identifies ...

Excerpt: ...r the Court ordered the FAC be filed. (See ROA 19.) However, the Court exercises its discretion to accept the late filing. (See Harlan v. Department of Transp. (2005) 132 Cal.App.4th 868, 874.) The FAC includes the following three causes of action: (1) quiet title, (2) breach of contract, and (3) declaratory relief. The declaratory relief cause of action is labeled as the “fifth cause of action.” Plaintiff alleges that she and her late husban...

Excerpt: ... owned by Defendant. (See Complaint.) Plaintiff alleges she visited Defendant's dealership to pick up her vehicle that had been serviced and repaired. (Id., ¶ 9.) Plaintiff was browsing used vehicles while waiting when she was approached by Defendant's salesperson who identified himself as “Jasper.” (Id., ¶ 10.) Jasper pressured Plaintiff into test driving a vehicle. (Id ., ¶ 11.) The test drive began with Jasper driving, at which time he ...

Excerpt: ... is ruled upon as follows. Defendants' request for judicial notice is granted. In taking judicial notice of court filings, the Court accepts the fact of their existence, not the truth of their contents. ( 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]; Sosinsky v. Grant (1992) 6 Cal.App.4th 1548, 1566.) Background and Allegations in the...

Excerpt: ... a.m. to participate in oral argument. To appear on Zoom telephonically, call (833) 568‐8864 and enter the Zoom ID: 16146506749. Defendant Sacramento County's (erroneously sued as Sacramento City and County) (“Defendant”) demurrer to incarcerated plaintiff in pro per Theodore Benjamin Vaden's (“Plaintiff”) Complaint is UNOPPOSED and SUSTAINED with leave to amend. Plaintiff filed his personal injury form complaint on November 29, 2021. T...

Excerpt: ...) inducing breach of contract; (2) intentional interference with contractual relations; (3) intentional interference with prospective economic relations; (4) negligent interference with prospective economic relations; (5) conversion; (6) violation of Business & Professions Code § 17200; and (7) unjust enrichment. The causes of action were premised on allegations that Defendants sent demand letters to Plaintiffs, sent document requests to Plainti...

Excerpt: ...erst, are also overruled. Background This is a personal injury/wrongful death case stemming from a car accident that occurred on May 24, 2006. Plaintiff Phoenix Kaplow (“Plaintiff”) was a passenger in a vehicle along with his mother, Chelsea Wood (“Decedent”). Plaintiff suffered physical injuries while Decedent died as a result of the accident. The vehicle involved was a 2005 Honda Civic owned by Defendant Latisha Custer (“Ms. Custer”...

Excerpt: ... and is GRANTED. Plaintiff, an incarcerated person proceeding in pro per, filed his Complaint alleging a sole cause of action for a preliminary injunction relating to his Public Records Act (“PRA”) request from Defendants. According to the moving papers (P&As at 2), Plaintiff Brian Adams (“Plaintiff”), a California state prison inmate, alleges defendants J. Shaffer and the Board of Parole Hearings violated the California Public Records Ac...

Excerpt: ... ended while occupying a 2002 Oldsmobile owned by their son, Michael Crawford, and daughter‐inlaw, Sara Crawford. At the time of the collision, Michael and Sara resided in the same household as Petitioner. Petitioner and her late husband maintained auto insurance, including underinsured motorist (UIM”) coverage, through Respondent CSAA (“Respondent”). The Oldsmobile was insured through Geico, who is not a party to this matter. Petitioner ...

Excerpt: ...ntain a heater on the property rented to Plaintiff by Defendants, which led to Plaintiff's carbon monoxide poisoning. Plaintiff claims to have suffered an irreversible brain injury and to have received extensive psychiatric treatment as a result of Defendants' conduct. Plaintiff's mental condition is at issue in this litigation. (CCP § 2032.020(a).) During the course of discovery, Plaintiff voluntarily submitted to two examinations: the first an...

Excerpt: ...ispute presented on this motion is whether a party is required to respond to discovery that is accompanied by a proof of service indicating service was defective when the propounding party subsequently provides an amended proof of service that clarifies the original service was proper. On February 10, 2022, Defendant served “all the discovery requests to Plaintiff” via mail and email. (Du Decl., ¶ 1.) The discovery was properly served by a n...

Excerpt: ...n matters. *** Plaintiff has indicated the incorrect address in its notice of motion. The correct address for Department 54 of the Sacramento County Superior Court is 813 6th Street, Sacramento, California 95814. Plaintiff's counsel shall notify Defendant's counsel of the correct address immediately. The notice of motion does not provide notice of the Court's tentative ruling system, as required by Local Rule 1.06. Moving counsel is directed to c...

Excerpt: ...��Lead Case”) and In the Matter of: The Faith Faraci Revocable Living Trust, Case No. 34‐2020‐00283199 (the “Trust Action”). Plaintiff commenced the Lead Case by filing a complaint on June 2, 2020. The operative pleading in the Lead Case, the FAC was filed on August 26, 2020. (ROA 16.) The FAC identifies Mary Ann's Baking Co., Inc., Alfredo Moreno, George Demas and Faith Faraci as named defendants. (See FAC.) Defendant filed an answer o...

Excerpt: ...ter was argued and submitted. The Court continued the matter to today's date to permit Summer Palace to file a sur‐ reply by October 21, 2022, and plaintiffs E & A Monroy Holdings LLC (“E & A”) and SAI Supermarkets, Inc. dba Del Valle Supermarket (“Del Valle”) (collectively, “Plaintiffs”) to file a response by October 28, 2022. Having received Summer Palace's sur‐reply and Plaintiffs' response, the Court now rules as follows. Obje...

Excerpt: ...manner to request a hearing. If moving counsel is unable to contact Defendants prior to hearing, moving counsel is ordered to appear at the hearing. Factual and Procedural Background Plaintiffs are cellular telephone consumers who have filed three actions regarding the sales tax reimbursement paid pursuant to sales tax Regulation 1585 when they purchased cellular phones at a discounted price in a bundled sale. “Sales tax reimbursement” is the...

Excerpt: ...186, 188, 190, 192, 194, 196, 198, 250, 252, 254, 256, 258, 260, 262, 264, 266, 268, 270, 272, 274, 338, 340, 342, 344, 346, 348, 350, 352, 354, 358, 401, 402 and 403 is ruled upon as follows. This action arises from an Agreement for Purchase of Recycleables pursuant to which the City sells recycleable materials to USA Waste for resale into the recycling commodities market. USA Waste filed its Complaint on October 16, 2020, alleging claims for: (...

Excerpt: ...ED. This action arises out of a two‐vehicle accident that occurred on February 18, 2020, on SR‐70 to Olivehurst Avenue in an unincorporated part of Yuba County, California. The accident occurred between vehicles driven by plaintiff Allie Christine Vargas (“Ms. Vargas”) and Mr. Fernandez, which was immediately following an alleged “road rage” incident between Mr. Fernandez and Mr. Johnson. The Traffic Collision Report concludes the col...

Excerpt: ... motion to compel Plaintiff to serve verified responses, without objections, to Defendant's Form Interrogatories (Set One), Special Interrogatories (Set One), and Request for Production of Documents (Set One), to deem matters admitted, and for monetary sanctions. (ROA 30.) Plaintiff was ordered to serve responses by June 22, 2022, and to pay sanctions in the amount of $235 no later than July 8, 2022. As of the date of filing this motion, Plaintif...

Excerpt: ... Cross‐Complainants are ordered to notify CrossDefendants immediately of the tentative ruling system and the manner to request a hearing. If Cross‐ Complainants are unable to contact Cross‐Defendants prior to hearing, Cross‐Complainants are ordered to appear at the hearing. Cross‐Complainants request for judicial notice is granted. Factual and Procedural Background This action concerns the management, operations, and control over Nivano...

Excerpt: ...5814. Defendants Michael Egan and Silver Lining Properties (“SLP”) (collectively, “Defendants”) request for judicial notice is granted. Plaintiff filed this action on November 17, 2016, alleging 15 causes of action. The operative First Amended Complaint was filed on December 6, 2018, and alleges the following four causes of action: (1) financial elder abuse; (2) violation of California Business and Professions Code § 17200 et seq.; (3) f...

Excerpt: ...ry 27, 2022, the Court granted Plaintiff's unopposed motion to deem matters admitted. (ROA 12.) Plaintiff now moves for judgment on the pleadings based on these admissions. Specifically, that Defendant admits he applied for a credit card account with Plaintiff, he received the Customer Agreement when he received the credit card, the Customer Agreement provided that by using the credit card he agreed to bound by the terms therein, he received the ...