Excerpt: ...tion arising from alleged sexual abuse of Plaintiff. On March 18, 2022, Defendant served Request for Production of Documents, Set Six (“RFP”) on Plaintiff. (Langenfeld Decl., ¶ 3, Exh. 1.) Plaintiff provided unverified responses on June 17, 2022. (Id., ¶ 5, Exh. 3.) On August 12, 2022, Plaintiff provided a verification that had been executed on August 1. (Id., ¶ 5, Exh. 4.) After various meet and confer efforts, Plaintiff provided verified...

Excerpt: ...addressed at the hearing and the parties should be prepared to point to specific evidence which is claimed to show the existence or non-existence of a triable issue of material fact. *** Defendants California Department of Veterans Affairs (“DVA”) and Ramon Carlos' (“Carlos”)(collectively “Defendants”) motion for summary judgment, or in the alternative, summary adjudication is ruled upon as follows. I. Overview This is an employment a...

Excerpt: ...edit card debt. (Complaint.) Plaintiff moves for summary judgment or in the alternative summary adjudication of the first cause of action for open book account and the second cause of action for account stated. (Notice.) The complaint, however, alleges only a single cause of action for common counts on separate theories of open book account and account stated. (Complaint.) Accordingly, the request for summary adjudication is denied because the ca...

Excerpt: ...es not provide notice of the Court's tentative ruling system as required by Local Rule 1.06(D). Counsel for Defendant is ordered to notify Plaintiffs' counsel immediately of the tentative ruling system and to be available at the hearing, in person or by telephone, in the event Plaintiffs' counsel appears without following the procedures set forth in Local Rule 1.06(B). The Court further notes counsel for Defendant has failed to comply with this r...

Excerpt: ...ommon counts based on an open book account for money due and an account stated in writing between Plaintiff and Defendant. (Complaint, p. 3.) According to Plaintiff's computerized records of the loan, which are maintained in the ordinary course of Plaintiff's business, the remaining balance on the loan, including interest, totals $3,635.55. (UMF Nos. 7, 10.) Legal Standard CCP section 473c(c) requires that a motion for summary judgment be granted...

Excerpt: ...cle along the Sacramento Bike Trail, just after its intersection with Freeport Boulevard.” (Compl. ¶ 2.) The Complaint alleges that, “an unknown individual and/or employee of Defendants… left the gate providing access to Freeport Boulevard open, allowing it to hang over the bike trail,” and Plaintiff, “struck the end of the subject gate, where the metal plate is located, while riding his bike along the bike trail…” (Compl., ¶ 3.) ...

Excerpt: ...ailable for oral argument at the above-stated time. Appearance will be by ZOOM. To appear on Zoom telephonically, call (833) 568- 8864 and enter the following Zoom ID: 16146506749. The demurrer of defendants to plaintiff in pro per Yandell's complaint is ruled upon as follows. Factual Background This action arises from an incident occurring at California State Prison, Sacramento in February 2019. Plaintiff alleges he was ordered to prepare for tr...

Excerpt: ...ity for the Elderly (“RFCE”) owned and operated by Defendants Caroline Kang, LLC dba Laguna Woods, RCFE, Caroline Kang, and Francis Kang (collectively, “Kang Defendants”). Plaintiffs allege that on September 20, 2017, Decedent was beaten with a metal cane by Defendant Mee Lai Fong and suffered a subdural hematoma that ultimately caused her death. Plaintiffs allege that the Kang Defendants knew of Ms. Fong's violent and menacing behavior, ...

Excerpt: ...arrested Plaintiff at his home for a string of armed robberies that Plaintiff did not commit. Plaintiff brings three distinct causes of action: (1) general negligence, (2) false arrest, and (3) false imprisonment. Plaintiff also makes a claim for exemplary damages. (See Complaint at pp. 4-7.) Plaintiff initiated this action on September 27, 2021 by filing a personal injury/property damage complaint on Judicial Council Form PLD-PI-001. Also on Sep...

Excerpt: ...all material facts that the moving party contends are undisputed” and that “[e] ach of the material facts…shall be followed by a reference to the supporting evidence” but also specifying “[t]he failure to comply with this requirement of a separate statement may in the court's discretion constitute a sufficient ground for denying the motion.” The Court denies counsel's request for leave to now file the missing separate statement becaus...

Excerpt: ... argument is requested, the parties are directed to notify the clerk and opposing counsel at the time of the request which of moving defendant's 15 separate issues for summary adjudication, which of moving defendant's 126 Undisputed Material Facts, which of plaintiff's written objections to evidence and/or which of defendant's written objections to evidence will be addressed at the hearing. The parties should be prepared to point to specific admi...

Excerpt: ...l 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. Both NNA and plaintiff's 16-page moving and opposing memorandum of points and authorities fa...

Excerpt: ...ty 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 Court notes that plaintiff paid only one $60 filing fee in connection with this motion, although it seeks at least two (2) different orders (i.e., further responses to requests for production and production of responsive documents). A sep...

Excerpt: ...o contact Defendant prior to hearing, moving counsel is ordered to appear at the hearing by Zoom or by telephone. Plaintiff has indicated the incorrect address in its notice of motion. The correct address for Department 54 of the Sacramento Superior Court is 813 6th Street, Sacramento, California 95814. Plaintiff's counsel shall notify Defendant of the correct address immediately. Plaintiff State Farm Mutual Automobile Insurance Company's (“Pla...

Excerpt: ...0, 21, 26, 27, 29, 35, 36, 38, 41, 42, 122-133, 135, 138, 140, 144, 145, 148, and 149 are sustained. Objection Nos. 2, 5, 10, 13, 22, 23, 30, 31, and 65 are overruled. The Court does not rule on the remaining objections as they were related to evidence that was not considered or otherwise material to the Court's ruling on the merits of the motion. (See CCP § 437c(q); see also Taus v. Loftus (2007) 40 Cal.4th 683, 714 [describing anti-SLAPP motio...

Excerpt: ...he manner to request a hearing, along with the correct address for Dept. 53/54. If moving counsel is unable to contact defendants or their counsel, if any, opposing counsel prior to hearing, moving counsel is ordered to appear at the hearing by Zoom or by telephone. Plaintiff's application for right to attach order and for writ of attachment as against defendant Virk Systems, Inc. is ruled upon as follows. The Court notes that plaintiff paid only...

Excerpt: ...ent concealment in connection with her purchase of a 2021 Nissan Kicks (“Vehicle”) from Nissan of Sacramento. Plaintiff alleges she received various warranties from Defendant in connection with the purchase of the Vehicle and that defects arose during the warranty period. (Comp. ¶¶ 2, 3.) Plaintiff alleges that she delivered the Vehicle to an authorized service and repair facility on numerous occasions for defects in the Vehicle, including ...

Excerpt: ...mber 4, 2006, and a judgment was entered against the Defendant on December 27, 2006. The Judgment was renewed on September 4, 2015 in the sum of $12,264.30. Plaintiff levied on defendant's assets in 2021. Defendant contends she did not know of the judgment until 2022. Defendant states that early in the summer of 2022 she discovered there was a lien on her property. Defendant states that this case involved a Citibank credit card that was allegedly...

Excerpt: ...to and Grass Valley. (Complaint, ¶1.) Nivano's role is to bridge and manage the relationship between those involved in providing medical care and the patients in need of receiving it. (Ibid.) Nivano alleges that Patel and Kyle engaged in a scheme to illegally gain control of Nivano and then to illegally profit from its providers and their patients. (Id., ¶2.) There is no trial date. Nivano contends that the effect of the proposed amendment is t...

Excerpt: ...action for national origin/race discrimination, gender discrimination, disability discrimination, failure to engage in the interactive process, failure to provide reasonable accommodation, retaliation and failure to prevent discrimination and retaliation. At issue on the instant motion are Defendant's responses to special interrogatories nos. 1‐22. In its responses, Defendant raised numerous objections, including that the interrogatories were v...

Excerpt: ...Plaintiffs entered into an express warranty contract with General Motors, Inc. [“Defendant”] regarding the subject vehicle. (Id., ¶¶ 9‐10.) During the warranty period, defects in the subject vehicle's battery became apparent. (Id., ¶ 14.) Plaintiffs also allege Defendant knew the vehicle was defective but it refused to offer to re‐purchase the vehicle in violation of the Song‐Beverly Act. (Id. ¶ 16.) Defendant also allegedly failed ...

Excerpt: ...d by Defendant, and that defects allegedly became apparent during the warranty period. (Complaint ¶ 9.) Plaintiff alleges the subject vehicle had a defective battery and engine. (Id. ¶ 14.) Defendant had knowledge it would be unable to service or repair the vehicle to conform to the express warranties after a reasonable number of opportunities, yet it refused to re‐purchase the vehicle in violation of the Song‐Beverly Act. (Id. ¶ 27.) On M...

Excerpt: ... (deceased) (“Sam”) operated the family businesses for the personal benefit of his mistress, Yimin Dai and himself. Defendant is the trustee of the Samuel B. Fong Trust and Executor of Samuel B. Fong's estate. Plaintiff is one of Sam's siblings. Given that claims against Sam were raised against his estate, Creditor's Claims were filed as required by the Probate Code in the pending probate for Sam's estate. At issue on the instant motion are P...

Excerpt: ... Frontier. Defendant contends the Sales Contract with the dealer, the seller of the vehicle, contains a valid, written arbitration agreement (the "Arbitration Provision"). Defendant, the manufacturer, contends it may enforce the Arbitration Provision pursuant to the doctrine of equitable estoppel. As the California Court of Appeal held in Felisilda v. FCA US LLC (2020) 53 Cal.App.5th 486,496‐99, review denied (Nov. 24,2020), equitable estoppel ...

Excerpt: ...uests for judicial notice are granted. In Plaintiff RL Liquidators, LLC's second amended complaint (“SAC”), Plaintiff alleged that Landlord owns real property at 221 Richards Boulevard (“Subject Property”). Plaintiff leases the Subject Property pursuant to a commercial lease. Plaintiff alleged that Safelite leases other real property from Landlord which is adjacent to the Subject Property. Plaintiff alleged that it leased the Subject Prop...