Excerpt: ...Act. (Third Amended Complaint, "TAC," ¶¶ 7, 23.) Plaintiff alleges that when he tried to pick up his game tickets at the will‐call table that day, Krivacic took the envelope containing Plaintiff's tickets from an attendant at the table, examined Plaintiff's tickets, and gave the tickets back to the attendant, who then gave the tickets to Plaintiff. (TAC ¶ 7.) Plaintiff alleges that Krivacic did not examine the tickets of other customers and ...

Excerpt: ...See Cal. Rules Court, rule 3.1300(d).) Further, there are numerous deficiencies regarding service of Plaintiff's opposition. Plaintiff appears to have signed his own proof of service, and because he is a party, it was impermissible for him to do so. (Code Civ. Proc., § 1013a.) The corresponding proof of service only states that “I HEREBY CERTIFY that I mailed a copy of the foregoing pleading to opposing counsel of record, postage prepaid, this...

Excerpt: ... Superior Court is 813 6th Street, Sacramento, California 95814. On June 16, 2021, Plaintiff filed his complaint against Happe and Defendant Main Street Associates, Inc. (“Main Street”) alleging several causes of action including breach of contract and fraud. (ROA 1.) 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. (ROA 12.) On...

Excerpt: ...an L. Porter Revocable Trust, defendant will be referred to as “Porter Trustee.” Porter and Porter Trustee will be referred to collectively herein as “Defendants.” Factual and Procedural Background This action arises out of a dispute between plaintiffs McMillan Storage, LLC (the “LLC”), an Idaho limited liability company, and Marvin Remmich, as Trustee of the 2004 Marvin A. Remmich and Susan P. Remmich Community Property Trust U/D/T D...

Excerpt: ...acramento Superior Court website at https://www.saccourt.ca.gov/courtreporters/docs/crtrp‐6a.pdf. Parties may contact Court‐Approved Official Reporters Pro Tempore by utilizing the list of Court Approved Official Reporters Pro Tempore available at https://www.saccourt.ca.gov/court‐reporters/docs/crtrp ‐13.Pdf A Stipulation and Appointment of Official Reporter Pro Tempore (CV/E‐206) is required to be signed by each party, the private cou...

Excerpt: ...he Sacramento Superior Court website at https://www.saccourt.ca.gov/courtreporters/docs/crtrp‐6a.pdf. Parties may contact Court‐Approved Official Reporters Pro Tempore by utilizing the list of Court Approved Official Reporters Pro Tempore available at https://www.saccourt.ca.gov/court‐reporters/docs/crtrp ‐13.Pdf A Stipulation and Appointment of Official Reporter Pro Tempore (CV/E‐206) is required to be signed by each party, the private...

Excerpt: ...te at https://www.saccourt.ca.gov/court‐ reporters/docs/crtrp‐6a.pdf. Parties may contact Court‐Approved Official Reporters Pro Tempore by utilizing the list of Court Approved Official Reporters Pro Tempore available at https://www.saccourt.ca.gov/court‐reporters/docs/crtrp ‐13.Pdf A Stipulation and Appointment of Official Reporter Pro Tempore (CV/E‐206) is required to be signed by each party, the private court reporter, and the Judge...

Excerpt: ...e Sacramento Superior Court website at https://www.saccourt.ca.gov/courtreporters/docs/crtrp‐6a.pdf. Parties may contact Court‐Approved Official Reporters Pro Tempore by utilizing the list of Court Approved Official Reporters Pro Tempore available at https://www.saccourt.ca.gov/court‐reporters/docs/crtrp ‐13.Pdf A Stipulation and Appointment of Official Reporter Pro Tempore (CV/E‐206) is required to be signed by each party, the private ...

Excerpt: ...le on the Sacramento Superior Court website at https://www.saccourt.ca.gov/court‐reporters/docs/crtrp‐6a.pdf. Parties may contact Court‐Approved Official Reporters Pro Tempore by utilizing the list of Court Approved Official Reporters Pro Tempore available at https://www.saccourt.ca.gov/court‐reporters/docs/crtrp‐13.Pdf A Stipulation and Appointment of Official Reporter Pro Tempore (CV/E‐206) is required to be signed by each party, th...

Excerpt: ...or Court website at https://www.saccourt.ca.gov/courtreporters/docs/crtrp‐6a.pdf. Parties may contact Court‐Approved Official Reporters Pro Tempore by utilizing the list of Court Approved Official Reporters Pro Tempore available at https://www.saccourt.ca.gov/court‐reporters/docs/crtrp ‐13.Pdf A Stipulation and Appointment of Official Reporter Pro Tempore (CV/E‐206) is required to be signed by each party, the private court reporter, and...

Excerpt: .../www.saccourt.ca.gov/court‐reporters/docs/crtrp‐6a.pdf. Parties may contact Court‐Approved Official Reporters Pro Tempore by utilizing the list of Court Approved Official Reporters Pro Tempore available at https://www.saccourt.ca.gov/court‐reporters/docs/crtrp‐13.Pdf A Stipulation and Appointment of Official Reporter Pro Tempore (CV/E‐206) is required to be signed by each party, the private court reporter, and the Judge prior to the h...

Excerpt: ...plaintiff in pro per's written discovery requests is ruled upon as follows. *** If oral argument is requested, the parties must at the time oral argument is requested notify the clerk and the opposing party of the specific discovery requests that will be addressed at the hearing. The parties are also reminded that pursuant to local rules, only limited oral argument is permitted on law and motion matters. *** The notice of motion does not provide ...

Excerpt: ...itled the Second Amended and Restated Loan Agreement (“SARLA”), which required La Posta to pay back money it had borrowed from YAN to finance the construction of a casino. YAN's sole recourse for a failure to pay the debt would be to seize the casino revenues and casino‐related assets, unless YAN obtained a final determination that La Posta had committed fraud in connection with the agreement. After La Posta failed to make payments, YAN com...

Excerpt: ...epresentative action involving various claims for violations of the Labor Code. On April 28, 2022, this Court granted Plaintiff's motion for preliminary approval of the settlement Plaintiff now moves for final approval of the settlement. Courts review class action settlements in a two‐step process: (1) an earlier conditional review by the court; and (2) a later detailed review after the period during which notice is distributed to class members...

Excerpt: ... Harms (“Harms”), a nurse employed by Dignity Health, while Plaintiff was a patient in Dignity Health's intensive care unit (“ICU”). Defendant seeks judgment on the pleadings as to the entire complaint on grounds it fails to state facts sufficient to constitute a cause of action. Defendant also seeks judgment as to the second through sixth causes of action on grounds the claims are barred by the applicable statute of limitations. Finally,...

Excerpt: ...ailed to serve the opposition by a means “reasonably calculated to ensure delivery to the other party or parties not later than the close of the next business day after the time the opposing papers or reply papers, as applicable, are filed.” (Code Civ. Proc. § 1005(c).) The Court agrees Plaintiff's service of the opposing papers via regular mail failed to comply with this requirement. However, Attorney Defendants claim they were prejudiced i...

Excerpt: ...urate, non‐evasive response that was properly authenticated with a code‐compliant verification. (Adams Decl., ¶ 5) Plaintiff now moves for an order deeming the truth of the matters specified in the RFAs to be admitted. The record indicates Defendants moved for a protective order on July 22, 2022. (ROA 134; Code Civ. Proc. § 2033.080) The motion was subsequently continued for a concurrent hearing with the instant motion. In its tentative rul...

Excerpt: ... a total of nine causes of action stemming from allegations that Defendant discriminated and retaliated against him due to his disability. Plaintiff has worked for Defendant as a plastic surgeon since approximately 2010, received positive reviews, and was on track for a full tenured professorship. As of 2018, Plaintiff worked out of an office in a newly constructed building called North Addition located on UC's campus in midtown Sacramento. The o...

Excerpt: ...avor of LMA and judgment was entered on November 24, 2014. (ROA 170‐171.) The Court also granted several motion by LMA for attorney's fees. On October 9, 2018, Esch filed a notice of appeal of an order granting attorney's fees incurred on appeal. (ROA 608.) The Appellate Court affirmed the award of attorney's fees, awarded LMA its costs on appeal, and a remittitur was issued. (ROA 619.) On June 29, 2021, LMA brought a further motion for an awar...

Excerpt: ...of Folsom and County of Sacramento. However, per a stipulation between Petitioner and County of Sacramento filed with the Court, Petitioner is no longer pursuing claims against County of Sacramento, and thus the petition with respect to that entity is moot and shall proceed against City of Folsom only. (ROA 15.) Thus, the petition with respect to County of Sacramento is DROPPED. The remainder of this ruling will address the petition with respect ...

Excerpt: ...Plaintiff asserts that Defendant Metkeo Keomany applied for and received a loan from Plaintiff and ultimately defaulted on said loan after making some payments. (UMF Nos. 1‐6, 10.) In its complaint, Plaintiff asserts a single cause of action for common counts based on an open book account for money due and an account stated in writing between Plaintiff and Defendant. According to Plaintiff's computerized records of the loan, which are maintaine...

Excerpt: ...emurs to the Fifth Cause of Action for “Fraudulent InducementConcealment.” Defendant raises two grounds: (1) the cause of action fails to state facts sufficient to establish fraud, and (2) it is barred by the economic loss rule. First, citing Tarmann v. State Farm Mut. Auto Ins. Co. (1991) 2 Cal.App.4th 153, 157, Defendant argues that facts supporting a claim of fraud must be pled specifically, but Plaintiff has only alleged them in a conclus...

Excerpt: ...nt and an accompanying motion to strike. CONTENTIONS 1. Moving Papers Defendant only demurs to the Fifth Cause of Action for “Fraudulent InducementConcealment.” Defendant raises three grounds. First, Defendant argues that the cause of action is barred by the three‐year statute of limitations under Code of Civil Procedure section 338 because the fraud occurred on the date of the purchase on July 11, 2017, but Plaintiff did not file the actio...

Excerpt: ... that caused her to leave work on May 20, 2019. (Compl., ¶ 6.) Plaintiff further alleges that her physician recommended she take a leave of absence until July 22, 2019, and thus she was terminated during her medical leave of absence. (Compl., ¶ 6.) Plaintiff filed her complaint in this action on June 14, 2021 and alleged a total of seven causes of action. The first five causes of action are based on the Fair Employment and House Act (“FEHA”...

Excerpt: ...e 2017, Stonebarger served as the CEO of CB1 Labs, Inc., a company providing administrative services to cannabis companies. (Stonebarger Decl. ¶ 5.) At one point around 2017‐2018, Stonebarger met Rodriguez ‐ a broker ‐ and helped him draft the Operating Agreement for Pure Investments, LLC. (Stonebarger Decl. ¶ 9; Rodriguez Decl. ¶¶ 6‐9, Ex. A.) At another time in 2018, Crystal Matter, an attorney who had worked on legal matters for St...

Excerpt: ...” or “Decedent”), by and through his Successor in Interest, Dennis Aguilar (collectively, “Plaintiffs”). Defendants' motion is ruled upon as set forth herein. I. BACKGROUND This action was initiated on November 10, 2015 (Register of Actions ("ROA") 1) and was granted preference on March 15, 2016 (ROA 28) while Decedent was still living. Decedent died on May 26, 2017. The case was assigned for trial to this Court (Judge Richard K. Sueyos...

Excerpt: ...breach of contract; (2) promissory fraud; (3) elder abuse; and (4) negligence. Plaintiff's elder abuse claim is based on Welfare and Institutions Code section 15600, et seq. (hereafter, “Elder Abuse Act”), and thus Plaintiff seeks the heightened remedies provided in those statutory provisions. Specifically, Plaintiff seeks recovery for compensatory damages and attorneys' fees and costs as specified in Welfare and Institutions Code section 156...

Excerpt: ...rt'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. Defendant has indicated the incorrect address in its notice of motion. The correct address for Department 53 of the Sacramento County Superior Court is 813 6th Street, Sacramento, California 95814. Counsel for Defendant shall notif...

Excerpt: ...tion of the motion herein, the Court must still hold a hearing on the motion as it may involve the receipt of evidence or an appearance by a Class Member. Although the Court anticipates that no party will request oral argument, and while 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 reques...

Excerpt: ...ity discrimination against the CDT. In his 186 page FAC containing 709 paragraphs, Plaintiff added 19 additional causes of action and 20 new defendants. The FAC 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 the CDT. Due to the voluminous nature of the FAC, the Court is simply unable to summarize the allegations i...

Excerpt: ...Amended Complaint (“1AC”) is OVERRULED in part and SUSTAINED in part with leave to amend as follows. Factual and Procedural Background This action arises from Plaintiffs' stay at Vince's Motel from April 2, 2017, through April 11, 2017. Plaintiffs allege that at the time of their stay the motel had a bedbug infestation and that management was aware of the problem, but failed to notify them of the presence of bedbugs in their room or remedy th...

Excerpt: ...ting Janssen Malloy's motion to quash on the basis that Plaintiff's claims against them were barred by tribal sovereign immunity. ( Acres v. Marston (2021) 72 Cal.App.5th 417.) Janssen Malloy also had a pending antiSLAPP motion which the Court declined to reach because it found it was moot as a result of its ruling on the motion to quash. Janssen Malloy now demurs to the complaint and also renews its previously filed anti‐ SLAPP motion. The Cou...

Excerpt: ...whether a proposed settlement in a class action is fair. (Rebney v. Wells Fargo Bank (1990) 220 Cal. App.3d 1117, 1138.) The law favors settlement, particularly in class actions and other complex cases where substantial resources can be conserved by avoiding the time, cost, and rigors of formal litigation. (See Newberg on Class Actions 4th (4th ed. 2002) § 11.41 (and cases cited therein); Class Plaintiffs v. City of Seattle (9th Cir. 1992) 955 F...

Excerpt: ... On January 27, 2022, the Court granted Plaintiff's unopposed motion to deem matters admitted. (ROA 15.) Plaintiff now moves for judgment on the pleadings based on these admissions. Specifically, that Defendant admits she applied for a credit card account with Plaintiff, she received the Customer Agreement when she received the credit card, the Customer Agreement provided that by using the credit card she agreed to bound by the terms therein, she...

Excerpt: ... an undivided 50% interest in the property as joint tenants. Plaintiff contends Defendant has refused to allow her to access the property, she is unable to continue paying the mortgage and related expenses, and the home will foreclose if she does not pay. Thus, she wishes to sell the property. Plaintiff now seeks an interlocutory judgment of partition and sale pursuant to CCP §§ 872.210 and 872.710. Plaintiff proposes that Kevin Singer be appoi...

Excerpt: ... complaints is granted. The Court declines Crossroads' request to consider the instant motion unopposed due to Plaintiffs' untimely filings. It is true that the opposition was filed and served one day late on September 1, 2022 and that an amended separate statement and declaration were filed on September 7, 2022. But the amended documents only appeared to include a deposition transcript of a deposition clearly referred to in the opposition. In an...

Excerpt: ...ific evidence which is claimed to show the existence or nonexistence of a triable issue of material fact. *** Defendant 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. Defendant's counsel shall notify Plaintiffs' counsel of the correct address immediately. Defendant Gregory Herrera, M.D. moves for summary jud...

Excerpt: ... 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 telephone. The notice of motion provides the incorrect address of Department 54. The correct address...

Excerpt: ...onversion, undue influence, breach of trust, constructive trust, and unjust enrichment. Plaintiff, is the nephew of decedent Eva Walker, who passed away in January 2019. Plaintiffs allege that following the Decedent's husband's death, Defendant and Elke Muelder “increasingly insinuated” themselves into the Decedent's personal and financial affairs, including but not limited to intimidating her into cutting off contact with other people and ex...

Excerpt: ...her response to Plaintiff's Requests for Production, Set Three, number 23. (ROA 48.) Request number 23 seeks “[a]ny and all cell phone records including, but not limited to, phone calls or text messages within thirty minutes prior and thirty minutes subsequent to the INCIDENT.” The Court, in its June 21, 2022, Order stated in relevant part: “First, the Court is not persuaded Defendant has met her burden to establish the request implicates a...

Excerpt: ...ce of the Court's tentative ruling system as required by Local Rule 1.06(D). Plaintiff is ordered to notify Defendant immediately of the tentative ruling system and the manner to request a hearing. If Plaintiff is unable to contact Defendant prior to hearing, Plaintiff is ordered to appear at the hearing. On July 6, 2022, this Court granted defendant the Regents of the University of California's (“Defendant”) Ex Parte Application to dismiss t...

Excerpt: ...ode §§ 288 (a) and 288(b)(1) in Sacramento Superior Court Case No. 21FE000951 based on allegations he sexually abused and molested Plaintiff. Defendant moves to stay this civil matter pending resolution of the criminal case. He contends that absent the stay, he will be precluded from offering a meaningful defense without waiving his Fifth Amendment rights. Plaintiff opposes the motion on the basis that it is premature because there is no pendin...

Excerpt: ...nt (“P&S Agreement”) with Moore, in which Moore agreed to purchase property located at 11060 N. Mather Boulevard, Rancho Cordova, California, (“Property”) for $3,000,000. In May 2021, without any additional consideration. Moore and Sugarman required Plaintiff to sign a document titled “Performance Agreement.” Pursuant to the Purchase Agreement, Moore and Sugarman agreed to pay a base amount of $2,000,000 for the Property prior to clos...

Excerpt: ...eeyear or five‐year statutes, for example. Instead, the motion is a pleadings challenge that targets various allegations in the pleading and does not rely on extrinsic evidence. Defendant is proceeding in pro per and without counsel in this contract action. The Complaint alleges the following causes of action: (1) Breach of Contract; (2) Breach of Fiduciary Duty; (3) Fraud and Deceit; (4) Breach of Contract (Unjust Enrichment/ Restitution); (5)...

Excerpt: ...at “In about mid ‐ 2017, Plaintiff was diagnosed with breast cancer and went through a bilateral mastectomy with immediate reconstruction surgery. Thereafter, Plaintiff also had to undergo a hysterectomy. Next, Plaintiff was proscribed a course of chemo‐therapy. Plaintiff informed her direct supervisor Erik Smith of her medical/physical disabilities and went out on a medical leave of absence. While on medical leave, Plaintiff left several m...

Excerpt: ... are directed to notify the clerk and opposing counsel at the time of the request which of moving defendants' 12 separate issues for summary adjudication, which of moving defendants' 205 Undisputed Material Facts, which of plaintiff's 45 Additional Material Facts and/or which of defendants' 40 objections to evidence will be addressed at the hearing. The parties should be prepared to point to specific admissible evidence already in the record whic...

Excerpt: ...n of notice by publication. Plaintiff shall submit a revised proposed order for the Court's signature pursuant to CRC Rule 3.1312. The Court notes that after the April 21, 2022 tentative ruling posted, the parties entered into a protective order and the Court granted CDPH's motion summary adjudication as to the invasion of privacy pursuant to Article I, Section I of the California Constitution cause of action. Notice by Publication CRC Rule 3.766...

Excerpt: ... years. Defendant Do now seeks to set aside the default previously entered against him on multiple grounds discussed below. Notably, while defendant insists plaintiff's service of the summons & complaint was invalid, defendant concedes he had actual knowledge of the lawsuit as early as 8/20/2011 when he received plaintiff's request for entry of defendant's default. The Court finds no opposition from plaintiff. Discussion The Court will now addres...

Excerpt: ...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 arises out of a partnership dispute. Suit was commenced on 1/13/2020 and trial is currently set for 10/25/2022. According to the moving papers, SCC now see...

Excerpt: ...L NOTICE Plaintiffs' request for judicial notice of the initial Complaint in this matter is GRANTED. II. BACKGROUND This is an elder abuse case arising from the care and treatment rendered to 89‐yearold decedent John Bennetti, Jr. (“John”) while he was a patient at Sierra Nevada Memorial Hospital in June 2020. Plaintiffs allege that John's healthcare providers failed to identify that he was allergic to certain medications, and the administr...