Excerpt: ...il December 2019. Plaintiff was a Data Processing Manager I in the Technology Division. She was not a badged officer. Plaintiff alleges that after Tillman learned Plaintiff was getting a divorce, he began to urgently and immediately pursue her. They entered into a consensual relationship, but Tillman began physically abusing and controlling Plaintiff. Tillman's abuse escalated when Plaintiff attempted to end the relationship beginning in late 201...

Excerpt: ... (“Main Street”) for breach of contract and other causes of action. Plaintiff eventually dismissed all causes of action against Ronald Happe and all causes of action against Main Street except the breach of contract cause of action. Plaintiff alleged that he entered into two promissory notes with Main Street and that Main Street breached its obligation to repay the amounts lent to it and now owes a total of $436,450. Plaintiff moves for summa...

Excerpt: ...urt'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. Factual Background This action was commenced on 9/24/2021 to prevent the foreclosure sale of plaintiffs' home, which was then set for 10/8/2021. The sole named defendant is Rushmore Loan Management Services (“RLMS”), which beg...

Excerpt: ...or financial elder abuse, breach of fiduciary duty, and negligence, arising from claims that Plaintiff had taken money from the client trust account and paid off his personal mortgages. The Amended Judgment provides that Defendants shall recover the sums of $109,374 in compensatory damages, $160,970.63 in attorney's fees, $6,454.21 in costs, and $16,214.32 in prejudgment interest from Plaintiff. It also provides that the Defendants shall recover ...

Excerpt: ...ant's 140 Undisputed Material Facts, which of plaintiff's own 104 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. *** Both defendant's and plaintiff's counsel included in their respective separate statements a ...

Excerpt: ...s for Respondent Chandler Topic Company, Inc. (ROA 17). The only proof of service filed since that hearing was a proof of service showing service of unspecified documents on Megan Mainwaring on April 23, 2022, which is more than two weeks after the hearing took place. Service of unidentified papers on Megan Mainwaring for a motion after the hearing on the motion took place is insufficient to demonstrate that she was served with the petition and n...

Excerpt: ...ourt's tentative ruling system, as required by Local Rule 1.06. 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. 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. Factual Background This action commenced on 10/19/2021 arises o...

Excerpt: ...ogatories, request for admissions and request for production (sets one) no later than February 27, 2022. (ROA 61) No sanctions were awarded as the motion was unopposed. Plaintiff now seeks terminating sanctions, issue sanctions, evidentiary sanctions and/or monetary sanctions, on the basis that Defendant has not provided the Court ordered responses. For misuse of the discovery process, including as is the case here, disobeying a court order to pr...

Excerpt: ...tories (set three). The motion to compel is granted. No later than May 18, 2022, Plaintiff shall serve verified responses, without objections, to Defendant's special interrogatories (set three). “Financial and Issue Sanctions” In addition moving to compel, Defendant also seeks evidentiary and monetary sanctions on the basis that this is the third motion it has filed in order to get Plaintiff to comply with his discovery obligations. Specifica...

Excerpt: ...cedure [sic]…” However, Emergency Rule 12 authorizing service by email was repealed by the Judicial Council effective 11/13/2020. Ordinarily, such defective service would deprive the Court of jurisdiction to entertain this motion but the opposition failed to timely object to the defective service, thereby waiving the defect. Regardless, the present motion to amend fails to comply with the mandatory provisions of CRC Rule 3.1324(a)(2) and (3) ...

Excerpt: ...rked for Respondent as an hourly, non‐exempt employee from May 11, 2020, to August 9, 2020. When Petitioner applied for the job, the employment application he filled out contained an arbitration provision. (Gonzalez Decl. ¶ 3, Exh. A (Employment Application).) The application is in Spanish, but Petitioner states the terms are not relevant to this petition because after Petitioner was hired, on or about May 11, 2020, he entered into a second ar...

Excerpt: ...e (“OSC”) re contempt and an OSC re sanctions against plaintiffs Elijah D. Matoza and Katie Vick (collectively, “Plaintiffs”) is DENIED. On September 21, 2021, this Court granted Defendants' motions to compel Plaintiffs to serve further responses to Defendants' special interrogatories and requests for production. Plaintiffs were ordered to serve verified further responses no later than October 8, 2021, and to pay monetary sanctions in the...

Excerpt: ... system as required by Local Rule 1.06(D). Patriot is ordered to notify Plaintiff immediately of the tentative ruling system and the manner to request a hearing. If Patriot is unable to contact Plaintiff prior to hearing, moving counsel is ordered to appear at the hearing. Patriot's request for judicial notice of various Orders staying matters issued by the San Diego County Superior Court, the Los Angeles County Superior Court, Orange County Supe...

Excerpt: ...ence related to repetitive injuries to her arm in 2016. She returned to work in September 2016 and resumed full‐time duties in December 2016. In October 2017, she was given a verbal warning, memorialized in writing, for violations of Defendant's time‐card policies. She was subsequently given a written corrective notice for time card violations in January 2018. Plaintiff requested a grievance hearing to contest the discipline. Sometime after t...

Excerpt: ...ted language as incorrectly representing that Plaintiff alleges Ambridge Hospitality Holding LLC (“AHHLLC”) is Plaintiff's employer. Rather, the Court interprets the disputed language as stating Defendant is a party to the arbitration agreement because Defendant is an affiliated entity of AHHLLC and because Plaintiff alleges Defendant is Plaintiff's employer. As the Court finds there is no intentional false representation, a sur‐reply to co...

Excerpt: ...udicial notice of the Court's Order denying plaintiff Scott Buchanan's (“Buchanan”) motion for summary adjudication dated February 22, 2021 is granted. Admiral's request for judicial notice submitted on reply of the same Order is also granted. Admiral's Material Facts Sacramento Spine filed this action against Admiral, its professional liability insurer, claiming Admiral wrongfully refused to defend and indemnify it against a lawsuit brought ...

Excerpt: ...ely “Plaintiffs”). Plaintiffs filed their complaint on September 23, 2021. On February 4, 2022, Defendant filed a motion to compel Plaintiffs' individual claims to arbitration. (ROA 10.) Defendant supported the motion with the Declaration of John Cassidy (“Cassidy”), Defendant's Chief Financial Officer. Plaintiffs filed their opposition on March 2, 2022. Plaintiffs disputed that they electronically signed the arbitration agreement, and ob...

Excerpt: ...nd This is a wage and hour class action for various alleged violations of the Labor Code by Defendant Fleetcor Technologies Operating Company, LLC (collectively “Defendant”). Plaintiff commenced this action by filing a complaint on behalf of herself and other non‐exempt employees of Defendants. As part of the relief requested on this motion, Plaintiff seeks leave to file a First Amended Complaint (“FAC”), which alleges Plaintiff gave no...

Excerpt: ...te Comp. Ins. Fund (1997) 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.) The Court treats the demurrer as admitting all material facts properly pleaded, but not contentions, deductions or conclusions of fact or law, and considers matters which may be judicially noticed. ( Blank v. Kirwan (1985) 39 Cal.3d 311, 318; Poseidon Development, Inc. v....

Excerpt: ...e of motion. The correct address for Department 54 of the Sacramento County Superior Court is 813 6th Street, Sacramento, California 95814. Defendants shall notify Plaintiff immediately. Request for Judicial Notice Defendants' request for judicial notice of the Employment Agreement between Plaintiff and California Northstate is granted. Plaintiff alleges his former employment with California Northstate was governed by an employment agreement, but...

Excerpt: ...tionstar will prevail on its seventeenth affirmative defense that the action is barred by the statute of limitations and that FHLMC should be judicially estopped from pursuing its claims. In the alternative, Nationstar requests summary adjudication of FHLMC's first cause of action for declaratory relief, the second cause of action for cancellation of instruments , and the third cause of action for constructive trusts on grounds the causes of acti...

Excerpt: ... motion states: “This motion is made on the grounds that the undisputed material facts in this case establish that: (1) Summary judgment, or in the alternative, summary adjudication as to plaintiffs' first two causes of action for professional negligence and breach of fiduciary duty, should be granted because there is no evidence that Mr. McKinney's representation of Plaintiff Davila in the appeals caused any of the damages that Plaintiffs alle...

Excerpt: ...e. (Complaint ¶ 5.) Defendant/moving party is a “patient care advocate.” (Complaint ¶ 5.) Plaintiff alleges that Ms. Brennan engaged the services of Defendant and Defendant unreasonably and unlawfully advised Ms. Brennan to ignore and refuse all safe discharge options offered to Ms. Brennan by Plaintiff. (Complaint ¶ 5.) Plaintiff alleges that Defendant and Ms. Brennan were the agents of each other and committed the acts alleged within the...

Excerpt: ...alifornia Department of Corrections and Rehabilitation (“CDCR”) and Kevin Loe's (“Loe”) demurrer to Plaintiff Christopher Hildreth's (“Plaintiff”) first amended complaint (“FAC”) is ruled upon as follows. The Court notes that Plaintiff dismissed Loe on 4/13/2022. Therefore, the Court will only address the demurrer as to CDCR. Overview Plaintiff is an employee with CDCR. In May 2020, Plaintiff was stationed to work at High Desert S...

Excerpt: ... Complaint. (2) It was also unclear how the parties determined the November 28, 2021 end date for Class Members/Class Period. (3) Plaintiff alleges that he was employed with Defendants until July 25, 2020. Thus, it appears that there is a portion of the Class Period (July 26, 2020 to November 28, 2021) where Plaintiff was no longer employed with Defendants and is not a suitable class representative for that class period. (4) Plaintiff did not inc...

Excerpt: ...urt addresses Plaintiff's 1632‐page opposing separate statement. As Dignity points out in its reply, Plaintiff's counsel, the Bohm Law Group, Inc. has previously been admonished by the Sacramento County Superior Court's Law and Motion Department for filing an overly lengthy response to a moving party's separate statement. (See Request for Judicial Notice ISO Dignity's Mot., Ex. A.) In connection with a motion for summary judgment decided in Aug...

Excerpt: ...mail on March 2, 2022, and was not mailed with sufficient time ahead of the March 9, 2022 hearing pursuant to CCP § 1005(b) and CCP § 1013. Plaintiff argues it did not receive the reply brief until March 7, 2022. The Court notes that Defendant's reply papers were filed with the Court on March 7, 2022, two court days before the original hearing date. CCP § 1005(c) requires reply papers to be “reasonably calculated to ensure delivery to the ot...

Excerpt: .... *** Plaintiff Carolyn Carisoza‐Howard's motion to compel further responses to discovery is ruled upon as follows. This is an employment action. Plaintiff alleges FEHA race harassment and retaliation, Labor Code retaliation, failure to prevent retaliation and harassment, failure to pay minimum wages, failure to pay overtime wages, meal period liability, rest break liability, failure to provide accurate itemized wage statements, waiting time pe...

Excerpt: ...rder declaring Harmoning a vexatious litigant based on the argument that Harmoning is being used as a "strawman" by vexatious litigant Quigley to evade the prefiling order requirement contained in CCP 391.7(c).) Defendants' request for judicial notice is unopposed and granted in its entirety. On October 8, 2019, Quigley was declared a vexatious litigant by order of the Tuolomne County Superior Court. (RJN Ex. A.) Quigley is listed on the Californ...

Excerpt: ...nd for negligent hiring, training and entrustment against Garda. Garda's motion for summary adjudication as to the second cause of action was set to be heard on April 13, 2022. On March 30, 2022, the Court granted Plaintiff's ex parte request to continue the motion for summary adjudication pursuant to CCP § 437c(h) and to advance the instant motion to compel to today's date. Garda's motion for summary adjudication is now set for July 19, 2022. P...

Excerpt: ...ceria”), (collectively “Defendants”), filed an untimely opposition on 4/15/2022. Pursuant to the Court's Order on 3/7/2022, any opposition papers were to be filed and served by 4/14/2022. (ROA 18, p. 3.) The Court will nonetheless consider the opposition in the interests of justice. Plaintiffs' timely reply is considered herein. The Court will not consider the unauthorized supplemental declaration of Gordon Egan filed on April 25, 2022. Pla...

Excerpt: ... 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 reviewing a request for preliminary approv...

Excerpt: ...intiff to Defendant. An email is not a matter that is appropriate for judicial notice. Evidence Code § 452(h), cited by Defendants was not intended to permit judicial notice of private documents between parties. (Gould v. Maryland Sound Industries, Inc. (1995) 31 Cal.App.4th 1137, 1145‐1146.) Where the request was granted, in taking judicial notice of these documents, the Court accepts the fact of their existence, not the truth of their conten...

Excerpt: ...rch 15, 2022. The caption provides the correct date. TikTok's counsel is directed to notify the interested parties of the correct hearing date. Non‐party TikTok asserts this subpoena arises from an action filed and pending in the United States Bankruptcy Court for the Middle District of Florida (the "Bankruptcy Court"). (Motion, 3.) That lawsuit concerns a Chapter 7 bankruptcy filing by debtor Faith Elyzabeth Antonio ("Antonio"). TikTok is not ...

Excerpt: ...RC Rule 3.1350(g), requiring a single volume of evidence (including declarations) with a table of contents when the evidence exceeds 25 pages. Factual Background This litigation arises out of plaintiff's personal loan to defendant Mann. The complaint alleges that defendant applied for and received the loan, made payments on the loan balance but subsequently defaulted by failing to make the required minimum payments and has since refused to bring ...

Excerpt: .... Plaintiff's original pleading alleged several causes of action against Defendant in connection with her termination from employment: causes of action under FEHA for disability discrimination, failure to accommodate, failure to engage in the interactive process, retaliation, and failure to prevent discrimination/harassment/retaliation, and wrongful termination in violation of public policy. Plaintiff later amended her original pleading to add a ...

Excerpt: ... of demurrer. The correct address for Departments 53 and 54 of the Sacramento County Superior Court (Law and Motion) is 813 6th Street, Sacramento, California 95814. Request for Judicial Notice Defendant's request for judicial notice of the following is granted: 1) That Plaintiff filed a government claim against the Defendant on September 23, 2021; 2) That Defendant issued a Notice of Untimely Claim to Plaintiff on October 6, 2021; 3) The Proof o...

Excerpt: ...nt 53. Judge Craddick issued a tentative ruling on this motion prior to the hearing. However, after discussing the matter at the time appointed for hearing, Judge Craddick did not decide the motion or take it under submission. Instead, Judge Craddick ruled as follows: “The Court and counsel discussed the matter. The Court deferred oral argument to a date to be determined, after hearing on the motion for standing.” (ROA 909.) Thus, this motion...

Excerpt: ... is alleged that both apartments suffered from various habitability issues and that defendants violated several different laws. The original complaint filed on 5/24/2021 specifically named just two defendants, Sun Valley Apartments, LLC and Dhir. Paragraph 2 expressly alleges that Sun Valley Apartments, LLC, Dhir and Does 1‐30 “owned, controlled, and/or managed the units that Plaintiffs resided in during all relevant time periods in this comp...

Excerpt: ...und This action arises from a Shopping Center Lease dated June 7, 2013 entered into between Taylor's Investment Co. (“Taylor”) and Kiene's American Fly Fishing Co. LLC (“Keine's”) for property located at 2752 Marconi Avenue in Sacramento (“the Property”). The lease was later assigned by Taylor's to moving party Barber. Barber filed its initial complaint in this case on May 22, 2018. (ROA 1.) Barber filed a Third Amended Complaint on J...

Excerpt: ...ion arises from a failed personal relationship between plaintiff and defendant Bryant who had been engaged to be married. The complaint in part alleges that defendant Bryant was in September 2018 arrested after using a vehicle in an attempt to strike plaintiff and shortly thereafter, defendant Bryant and defendant Lorca conspired to seek a restraining order against plaintiff without actually serving her with notice of the hearing. According to th...

Excerpt: ...malpractice. Defendant filed motion for summary judgment on 5/26/2016 and it was subsequently granted on the first of two grounds advanced ( i.e., statute of limitations). Plaintiffs filed on 11/7/2016 an appeal which was successful and a remittitur was issued on 6/1/2018. In December 2018 defendant filed an application to extend time for selecting trial and settlement conference; this application was granted on 1/2/2019 and a Case Management Con...

Excerpt: ...elephone” with the party filing the pleading that is the subject of the motion to strike. (Bold added for emphasis.) The proof of service attached to the moving papers fails to comply with Code of Civil Procedure §1013a, requiring the “exact title” of each document being served. Plaintiffs' counsel failed to comply with CRC Rule 3.1113(f). Factual Background This action arises from a contract relationship whereby was AGS to provide HVAC sy...

Excerpt: ...aring. Counsel are also reminded that pursuant to local court rules, only limited oral argument is permitted on law and motion matters. *** Defendants Segal & Associates, PC and Malcolm S. Segal's (collectively, “Defendants”) bring this motion to compel Plaintiffs East West Bank (the “Bank”) and Solar Eclipse Investment Fund XXXV's (the “Fund”) (collectively, “Plaintiffs”) further responses to form interrogatories, special interro...

Excerpt: ...partment and the May 23, 2022 trial date is VACATED as follows. Defendants' motion was initially set for September 2, 2021. On August 10, 2021, the Court granted Plaintiffs' ex parte application to continue the hearing date for the motion to December 15, 2021 based on CCP § 437c(h). (ROA 224.) The ex parte application requested the continuance on the grounds that Plaintiffs had been unable to depose Defendants Mark Matheson, Charles Mellor, Josh...

Excerpt: ...nings acted as the sellers' agent, under the direct supervision of Purplebricks, her broker. Plaintiff alleges that the inspections reported that was nothing catastrophic that was apparent. Although Plaintiff requested a roof and pool inspection, her agent never responded to her request and an inspection never occurred. Plaintiff underwent a final walkthrough, but the walkthrough was only a walk from room to room. Without any confirmation whatsoe...

Excerpt: ...w displaying their name and address with return address information that contained the phrase “Prenatal Screening Program.” Plaintiff alleges Defendant disclosed in a common manner Plaintiff's and class members' sensitive and private personal medical information regarding their pregnancy. Plaintiff filed her complaint on July 16, 2019. Plaintiff's First Amended Class Action Complaint asserts the following two causes of action: (1) violation o...

Excerpt: ...f”) when he was sitting under a large Valley Oak, which caused him to sustain injuries and rendered him a paraplegic. Defendant and Cross‐Complainant Cosumnes Community Services District (“CCSD”) has filed a first‐amended cross‐ complaint ("FAXC") against the organizer of the event, Defendant Rebecca Gordon, individually and dba Flash Race and Event Management (“Gordon”). The FAXC asserts causes of action for indemnification, appo...

Excerpt: ...re independent insurance brokers. A‐1 Door was a client of Defendants for many years. On August 30, 2010, Defendants procured a Management Liability Insurance Policy from Carolina Casualty. The policy provided Directors, Officers and Corporate; Employment Practices and Fiduciary liability insurance coverage. This lawsuit arises out of Plaintiffs' claims that Defendants failed to procure insurance for acts or omissions occurring on and after Feb...

Excerpt: ...egradation. Plaintiffs allege that they have suffered emotional distress. Plaintiffs seek to seal the following portions of records that were publicly filed: 1. Defendants' Memorandum of Points and Authorities in Support of Motion to Compel Further Deposition Testimony of Randy Baranek and Request for Monetary Sanction (ROA 248): page 7, line 6; page 8, lines 12 and 18; and page 9, line 5; 2. Declaration of Robert M. Ferrier in Support of Motion ...

Excerpt: ...ne of its retained experts. (Genge Decl. Exh. A.) The declaration in support of the expert witness disclosure states that Dr. Younger would testify to: “his examination of Plaintiff, the nature and extend of Plaintiff's injuries, Plaintiff's pre‐existing injuries, causation of Plaintiff's injuries, the reasonableness of Plaintiff's medical treatment and damages, the present state of Plaintiff's physical condition, and the need for future . . ...

Excerpt: ...to CCP §911.2(a), Petitioner was required to file his tort claim by January 28, 2021. Petitioner failed to timely file his claim, and now seeks relief due to Petitioner's counsel's mistake, inadvertence and/or excusable neglect. “In deciding whether counsel's error is excusable, this court looks to: (1) the nature of the mistake or neglect; and (2) whether counsel was otherwise diligent in investigating and pursuing the claim.” (Bettencourt ...

Excerpt: ...ponse that it would produce documents responsive to Plaintiff's Request for Production of Documents (Set One) Nos. 8B, 9, 12‐17, 19‐22, and 26‐27. GOL opposes the motion and first argues the motion is untimely. GOL argues the supplemental responses at issue were served on November 12, 2021, but this motion to compel the production of documents was not filed until 117 days later on March 9, 2022. (Rasi Decl. Ex. B; ROA 60.) However, GOL's ar...

Excerpt: ...onal parties and also to amend the amount of the judgment. According to Plaintiff, in 2019, Plaintiff and the Richard and Janet Gudgel Revocable Trust, Janet Gudgel and Jason Gudgel entered into a promissory note whereby these parties agreed to pay Plaintiff $591,902.69 in certain monthly payments over a three year period. If all timely payments were made, any remaining unpaid balance would be forgiven. (Anderson Decl. Exh. 2) The promissory note...

Excerpt: ...t victim; (5) intentional infliction of emotional distress‐bystander; (6) medical malpractice; (7) negligence; (8) negligent infliction of emotional distress‐direct victim; (9) negligent infliction of emotional distress‐bystander; (10) conversion; (11) defamation; (12) civil conspiracy; and (13) civil discrimination. The SAC arises from allegations that Ms. Kong was referred to Defendant in October 2018 by Dr. Hill, her primary care physici...

Excerpt: ... the proper subject of judicial notice. The County does not specifically cite to any subjection of section 452 under which it believes the letters qualify for judicial notice and the Court finds none. However, the County's request that the Court take judicial notice of Sacramento County Zoning Code Chapter 6, section 6.1.3, is granted. Plaintiffs American River AG, Inc. (“ARA”) and American Hay & Cattle, LLC's (collectively, “Plaintiffs”)...

Excerpt: ...“SAC”), Plaintiffs allege a cause of action for wrongful death and a survivor action against Sutter Valley Hospital and Defendant. Both are premised on the allegations that Defendants failed to properly diagnose and/or treat the Decedent for mesothelioma and that as a result, the Decedent passed away on April 22, 2020. (SAC ¶¶ 1‐3.) The Court has reviewed the parties' papers and is continuing the instant motion to provide Plaintiffs the o...

Excerpt: ...account stated. Plaintiff alleges that it owns certain real property at 2820 Marconi Avenue, Suite 3 in Sacramento (the “Premises”). Plaintiff alleged that the Taylor Investment Company, its predecessor in interest, entered into a lease for the Premises (the “Lease”) with GameStop, Inc. in 2003. The Lease was assigned to Defendant in April 2015. Plaintiff alleges Defendant has breached the Lease by failing to make timely rental payments. ...

Excerpt: ...y 26, 2021, alleging defamation against 24 Hour Fitness. Plaintiff's claims arise from conduct that allegedly occurred in or about March of 2020. 24 Hour Fitness moves for judgment on the pleadings on the ground that since March of 2020, Plaintiff's claims have become subject to debt reduction or elimination per Bankruptcy Order and are now discharged, except as to any relief Plaintiff may have requested in Bankruptcy Court. A motion for judgment...

Excerpt: ... Road Ventures, LLC (“MRV”) in connection with allegations that Plaintiff had an agreement with Franklin whereby Franklin would find new construction business. By way of the instant motion, Plaintiff seeks an order compelling Franklin and MRV to appear for their depositions and to produce documents requested in the subject deposition notices. According to Plaintiff, he has been attempting to depose them since summer 2020. Plaintiff first serv...

Excerpt: ...ant, a Buick and GMC dealership. Plaintiff filed the Complaint on November 22, 2021, alleging claims for violation of the California Family Rights Act (“CFRA”) and the Family Medical Leave Act (“FMLA”), discrimination based upon his marital status, wrongful termination, intentional misrepresentation, negligent misrepresentation, failure to pay wages, and waiting time penalties. On September 26, 2018, Plaintiff executed an “Applicant Sta...

Excerpt: ...��2AC”) is GRANTED as follows. Defendants have indicated the incorrect address in the notice of motion. The correct address for Department 54 of the Sacramento County Superior Court is 813 6th Street, Sacramento, California 95814. Defendants shall notify Plaintiff immediately. Factual and Procedural Background This case arises out of the alleged purchase of an ARCO/AMPM gas station and related real estate by Plaintiff and Mr. Chandi in the name...

Excerpt: ...lord‐tenant dispute involving plaintiffs Mark Clark and Freda Clark (collectively “Plaintiffs/Cross‐Defendants”). Singh and his spouse, Saini, are the owners of the leased property located at 5901 Watt Avenue and 5901 A Watt Avenue in North Highlands, California (the “Property”). Plaintiffs/Cross‐Defendants filed their original Complaint on May 7, 2021, against Defendants/Cross‐Complainants. Defendants/Cross‐Complainants filed t...

Excerpt: ...nselor (“SMHC”). (Reiman Decl. ¶ 4, Exh. A.) The email included a letter written by plaintiff Parvin Olfati (“Plaintiff”) to the County and other government representatives and agencies complaining about a conspiracy against her. (Reiman Decl. ¶ 5, Exh. B.) Due to concerns for Plaintiff's mental health, Reiman asked Pisan, a SMCH with the County Community Support Team (“CST”), to help Plaintiff. (Reiman Decl. ¶ 8, Exh. A; Pisani De...

Excerpt: ...led 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 that states, in relevant part: “You and Wells Fargo Bank, N.A. (the “Bank”) agree that if a Dispute arises between you and the Bank, upon demand by either you or the Bank, the D...

Excerpt: ...ted, the parties are directed to notify the clerk and opposing counsel at the time of the request which of moving defendant's 28 Undisputed Material Facts, plaintiffs' 31 Additional Material Facts and/or moving defendant's 31 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. ...

Excerpt: ...1997) 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 R...

Excerpt: ...l Procedure §439(a), which 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. (Bold added for emphasis.) Moving counsel is advised that the future motions which do not comply with the express requirements of §439 may be stricken and/or dropped from calendar. Moving counsel failed to comply with CRC Rule 3.1110(b)(3)�...

Excerpt: ...d as plaintiffs. It is claimed that at this hearing information relating to plaintiff Bacco‐Scribner's visit to the emergency room at Marshall Medical Center (“MMC”) on 6/23/2019 was disclosed and that defendant Croff, an administrator of Pacific Medical, Inc. (“Pacific”) had wrongfully accessed plaintiff's medical records in order to willfully and maliciously disclose the personal information to third parties so it could be used agains...

Excerpt: ...rises out of Defendant's denial of a claim for insurance benefits related to the loss of a motor vehicle. Defendant denied the claim on grounds their investigation revealed evidence that Plaintiffs misrepresented various facts and that the destruction of the vehicle was not accidental. The date of loss was April 18, 2018. Defendants seek discovery of Plaintiffs' cell phone records and text messages for April 2018. Defendants argue the discovery i...

Excerpt: ...iagnosed with right shoulder and left knee medical conditions. (Komshian Decl., ¶ 3.) On May 21, 2019, Plaintiff served responses to form interrogatories that identified these injuries and indicated they were subsiding. (Id., ¶ 4.) On July 9, 2019 Plaintiff testified at deposition that his complaints included the left knee and right shoulder. (Id., ¶ 5.) On January 31, 2022, Plaintiff appeared for a physical examination by defenses expert Bruc...

Excerpt: ...nteraction of provisions in two separate documents, the Kaiser Permanente Senior Advantage (HMO) Evidence of Coverage (“EOC”) (Feusner Decl., Exh. 3) and the Health Care Services Agreement between Kaiser Foundation Hospitals (“KFH”) and Defendants (Black Decl., Exh. A.) The EOC contains an arbitration provision that extends to claims asserted by one or more member Parties against one or more Kaiser Permanente Parties. (EOC, Ch. 11, Sectio...

Excerpt: .... § 583.410 gives the Court discretion to dismiss an action for delay in prosecution under appropriate circumstances. One such appropriate circumstance is the failure of a plaintiff to bring the action to trial within three years of its commencement against a defendant. (Code Civ. Proc. § 583.420(a)(2)(A).) This threeyear time period must be calculated in the same manner as the mandatory five‐year deadline to commence trial under Code of Civ....

Excerpt: ...ent (“Agreement”) between plaintiff and defendant Department of General Services (“DGS”). The Agreement was signed on 4/18/2014, with two subsequent amendments changing the commencement date of the lease. Amendment Two changed the commencement date to 9/1/2017. The lease term specified in the Agreement was to be 25 years. Pursuant to the Agreement, plaintiff agreed to construct certain improvements on the property, which required various ...

Excerpt: ... 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 hearsay allegations as being true, just because they are part of a court record or file. A court may take judicial notice of the...

Excerpt: ...ee 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 ...

Excerpt: ...tigative subpoena duces tecum for the production of papers and documents to Respondent William Bresnick, M.D. (“Respondent”). The subpoena sought the patient medical records for two patients, CB and BH, in connection with allegations of improper prescribing practices and unprofessional conduct emanating from violations from the standard of care. The subpoena was served on Respondent on August 2, 2021, and required the papers and records liste...

Excerpt: ...s. *** If oral argument is requested, the parties must at the time oral argument is requested notify the clerk and opposing counsel of the specific issues identified below 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. *** Factual Background This action arises from the fractured relationship between the Trust and Plaintiff and nomina...

Excerpt: ...st for entry of default judgment was filed, but were unaware if judgment had been entered and request that the judgment be set aside if it was entered. (Motion to Set Aside 1:3‐6.) Default was entered on June 6, 2019. (ROA 12.) Default judgment was entered on February 25, 2022. (ROA 29.) Propriety of Service Defendants first challenge service of the summons and complaint in this action. “A default judgment entered against a defendant who was ...

Excerpt: ... to compel pro per Plaintiff Victoria Yeager's further responses to Form Interrogatories is ruled upon as follows. Defendant moves to compel further responses to Form Interrogatory Nos. 2.5, 2.11 and 9.1.) Here, the record demonstrates that Plaintiff serve her initial responses on November 12, 2021. She served a first amended response on December 28, 2021. She served second amended response on January 11, 2022. Plaintiff opposes the motion. Timel...

Excerpt: ...iffs' allegations related to their requests for enhanced remedies under the Elder Abuse and Dependent Adult Civil Protection Act (the “Act”), prejudgment interest, and more. A motion to strike is appropriate to strike out any irrelevant, false or improper matter asserted in any pleading and the Court may strike out all or any party of any pleading not drawn or filed in conformity with the law. (See Code Civ. Pro. § 436 (a)‐(c).) A motion t...

Excerpt: ...otion does not provide notice of the Court's tentative ruling system, as required by Local Rule 1.06. Moving counsel is directed to contact Plaintiffs' counsel and advise counsel 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 Plaintiffs' counsel prior to hearing, moving counsel is ordered to appear at the hearing via Zoom or by telephone. This is a personal...

Excerpt: ...t while she was driving on the freeway when she was rearended by a semi‐truck driven by Defendant David Kirkland. Plaintiff alleged that Mr. Kirkland was employed by Defendants NorCal Lumber Company and West Coast Framing, Inc. Plaintiff alleges that she suffered injuries to her neck, back, shoulder, arm and hand. Defendants issued a medical records subpoena to Sutter Medical Foundation. Plaintiff moves to quash the subpoena on the basis that i...

Excerpt: ...anner to request a hearing. If moving counsel is unable to contact Defendant's counsel prior to hearing, moving counsel is ordered to appear at the hearing via Zoom or by telephone. Background This is lemon law action filed by Plaintiff Bryant Suggs (“Plaintiff”) against Defendant FCA US LLC (“Defendant”). On November 23, 2021, this matter came on for scheduled trial. According to the Court's November 23, 2021 minute order (“November 23...

Excerpt: ...an OST on March 28, 2022. Any opposition was due by April 6, 2022. Plaintiff filed a brief opposition but A&S did not file any opposition. No reply was permitted. This action stems from an incident on June 19, 2018, at EJ's Tires and Auto Repair. Plaintiff Antonio Anaya was an auto mechanic employed by EJ. Defendant Ion Sirbu was employed by defendant TWT Express, LLC, and had brought a pick ‐up truck with a trailer attached to EJ's to have the...

Excerpt: ...prior to the hearing, GM's 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 the procedures set forth in Local Rule 1.06(B). GM's demurrer to Plaintiff Jesus Ceja's (“Plaintiff”) sixth cause of action for fraud by omission is OVERRULED as follows. Factual Background This action arises from Plaintiff's October 10, 2019 pu...

Excerpt: .... (“Wells Fargo”). According to the FAC, Plaintiffs are the parents of Decedent Deniece Abraham (“Decedent”). On November 27, 2019, (1) Wells Fargo negligently entrusted and permitted Malbrough, a Wells Fargo employee, to operate a Nissan Altima; (2) Wells Fargo knew or should have known that Malbrough was incompetent and unfit to operate the vehicle; (3) Wells Fargo used Malbrough as the driver of its ride‐ sharing transportation servi...

Excerpt: ...is UNOPPOSED and GRANTED as follows. 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 other parties immediately of the tentative ruling system and to be available at the hearing, via Zoom audio or video, in the event any party appears without following the procedures set forth in Local Rule 1.06(B). Background The Regents of the University of...

Excerpt: ...3 6th Street, Sacramento, California 95814. Defendants shall notify Plaintiff immediately. Plaintiff filed the Complaint for professional negligence on September 22, 2021. Generally, the Complaint alleges Defendants performed services for Plaintiff between 2010 and 2020 and he has now been damaged via tax penalties and audits because Defendants breached the standard of care for accountants. Defendants demur to the first and only cause of action f...

Excerpt: ...ckground On 9/3/21, Judge Krueger sustained Defendants' demurrer to the previous pleading, with leave to amend. (Register of Actions (“ROA”) No. 45.) Judge Krueger ruled that, based on the pleaded facts, Defendants showed that they have immunity under Government Code § 44808. “EGUSD argues that they owed no duty to Brinsmead because the school had not yet begun to undertake the transportation of Brinsmead to school on the day of the accide...

Excerpt: ...r Judicial Notice of the First Amended Complaint is GRANTED. BACKGROUND According to Plaintiff's First Amended Complaint (“FAC”), in October 2018, the parties entered into a written commercial lease (“Lease”) whereby Plaintiff would lease to Defendant certain retail space (“the Premises”) in the Crocker Village Shopping Center in Sacramento for the operation of a pizza business. The Lease also included the construction of the Premises...

Excerpt: ...up, LLC dba Residence Inn by Marriot Chico; Starwood Capital Group Global 1, LLC; and Marriott International, Inc. Plaintiffs field a First Amended Complaint on September 21, 2020, identifying, among others, Unicontrol as defendant Doe No. 6. (ROA 146.) Plaintiffs' action arises from their stay at the Residence Inn by Marriott in Chico on the night of July 26, 2017. Plaintiffs allege they were exposed to carbon monoxide due to one or more of thre...

Excerpt: ...ss 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 shall notify Defendants immediately. This action arises out of the 2016 death of the minor Plaintiff's father, Milton Beverly, Jr. (“Beverly”) who was at the time a prison inmate. Plaintiff's original theory of liability against defendant California Department of Corrections and R...

Excerpt: ...t Code section 53069.4 does not permit the introduction of new evidence in the instant action, such that Appellants' attempts to obtain discovery from the City are unnecessary and improper. This action takes the form of an appeal of a penalty issued through the City's administrative process, wherein Appellants were fined $137,500 after 275 cannabis plants were found at their property. Appellants appealed the penalty through the City's administrat...

Excerpt: .... CSG opposes. This action arises out of Boutin Jones's representation of the "Original Grange" in an underlying dispute with the National Grange and the CSG and the legal fees it received from the Original Grange pursuant thereto. The Court is familiar with the long running litigation between the parties, but in brief, the underlying dispute began on October 1, 2012, when the National Grange sued the Original Grange in this Court. The National G...

Excerpt: ...ent action arising out of Plaintiff's employment with Defendant. Plaintiff has worked as a Sheriff Officer for over 25 years and is still currently employed. He was accused of harassment in 2016 by an employee and received a Letter of Reprimand (“LOR”) that was removed two years later. Plaintiff alleges he received assurances that the LOR would not adversely affect his career, but the LOR has prevented him from promoting. Plaintiff alleges he...

Excerpt: ...ed relevant by the Court in making its ruling on the instant motion. Factual Background Plaintiff alleges claims for trespass, nuisance, assault, interference with economic advantage, and related claims arising out of Defendant Justin Capella's (“Defendant”) alleged interference with Plaintiff's property. Plaintiff is the owner of a condominium building project known as Mystique ("Project"), located at 3007 Enchanted Walk, Sacramento, Califor...

Excerpt: ...e of Motion does not provide notice of the Court's tentative ruling system, as required by Local Rule 1.06(D). FCA's counsel is directed to contact opposing counsel forthwith to advise counsel of Local Rule 1.06 and the Court's tentative ruling procedure. If FCA's counsel is unable to contact opposing counsel prior to the hearing, FCA's counsel shall be available at the hearing, by Zoom as stated in the introductory NOTICE to today's Tentative Ru...

Excerpt: ...service on December 17, 2021. Default was entered on January 4, 2022. Default judgment was entered on January 24, 2022. Defendant now moves for mandatory relief due to attorney mistake pursuant to CCP §473(b). In support of the motion, Defendant's counsel, Stephen Lopez states: “2. On or about December 20, 2021, I was informed by my client that they had been served with the complaint in the above‐captioned matter. I immediately prepared an a...

Excerpt: ...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). Cross‐ Defendant Lexington Insurance Company's (“Lexington”) motion for summary judgment is GRANTED as follows. Request for Judicial Notice Lexington's request for judicial notice of eighteen documents filed in this Court ...