Excerpt: ...disputes relative to the subject discovery requests and (2) to identify prior rulings by this Court on essentially identical requests for production served on GM in other pending case. The Court now rules 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 ...

Excerpt: ...s are Joanne Davis, Mariah Florez and Mary Tovar (collectively, the "Named Plaintiffs"). The Named Plaintiffs filed their Complaint on April 3, 2018. Generally, the Named Plaintiffs each allege they were sexually harassed by co-defendant, Derick Mullin ("Mullin"). On June 25, 2019, plaintiff Jane Doe ("Doe") filed a motion to intervene in this action, which was granted on July 26, 2019. On July 29, 2019, Doe filed her original Complaint in Interv...

Excerpt: ...nce the Court continued the matter to this date from April 4, 2023. The parties' Requests for Judicial Notice filed prior to April 4, 2023 are granted for the purposes of which judicial notice may be properly taken. For instance, the Court may take judicial notice of the existence of judicial opinions and other court documents, but does not take judicial notice of the truth of hearsay statements in other decisions or court files or of the truth o...

Excerpt: ...ed Material Facts, which of opposing plaintiffs 15 Additional Material Facts and/or which of moving defendants' 21 objections to evidence will be addressed at the hearing. The parties should be prepared to point to specific admissible evidence already in the record which is claimed to show the existence or non-existence of a triable issue of material fact. *** Moving counsel failed to comply with CRC Rule 3.1110(b)(3)-(4). Both moving and opposin...

Excerpt: ... Elk Grove Unified School District ("EGUSD"), Andrew Johnson, and the student I.J. Plaintiffs allege causes of action for negligent supervision of students and school premises; violation of California Constitution Article 1, and Education Code S 8202; assault and battery; and negligent infliction of emotional distress. Plaintiffs allege I.V. and I.J. were students at Valley High School, an EGUSD campus, of which Mr. Johnson was the principal. (Co...

Excerpt: ...encies noted below. *** The opposition was not timely filed or served and was not served in conformity with the express requirements of Code of Civil Procedure S1005(c) but it was nevertheless reluctantly considered. Plaintiff's counsel failed to comply with CRC Rule 3.1110(b)(3)-(4). Factual Background This is a legal malpractice action which arises from the legal services defendant attorney performed for plaintiff's grandmother, Alice Ruzir ("D...

Excerpt: ...ay take judicial notice of the existence of judicial opinions and other court documents, but does not take judicial notice of the truth of hearsay statements in other decisions or court files or of the truth of factual findings made in another action. (Johnson & Johnson v. Superior Court (2011) 192 Cal.App.4th 757, 768; see also sosinksy v. Grant (1992) 6 cal.App.4th 1548, 1566; Kilroy v. state of california (2004) 119 cal.App.4th 140.) Responden...

Excerpt: ...30 N 12th Street in Sacramento, California. Plaintiff filed her form Complaint for personal injury and property damage on July 19, 2021, alleging a single cause of action for premises liability — dangerous condition of public property. The City seeks summary judgment on the grounds it had neither actual nor constructve notice of the existence of the alleged dangerous condition to expose it to liability. Legal Standard In evaluating a moton for ...

Excerpt: ...in the amount of $418,000. On April 14, 2015, a notice of default was recorded in the Sacramento County Recorder's Office that showed Plaintiff owed $41,757.06 in past due payments. On January 29, 2019, a notice of trustee's sale was recorded in Sacramento County with a sale date of February 28, 2019. The sale date was ultimately continued to January 7, 2022. On November 24, 2020, the deed of trust securing the mortgage was assigned to Defendant ...

Excerpt: ...l Argument Request Line at (916) 874-2615, request the hearing, and notify the opposing party of the location and time of hearing pursuant to Local Rule 1.05. The Court encourages parties to appear remotely for the hearing on the tentative ruling through the Court's Zoom Application. But, any party wishing to appear in person may do so, prov-ded that party notifies the Court by 4:00 the Court day before the hearing. The parties may join the Zoom ...

Excerpt: ... filed her initial complaint on August 12, 2021. (ROA 1.) Plaintiff a first amended complaint on November 30, 2021. (ROA 8.) After the parties met and conferred, Plaintiff filed a second amended complaint on June 16, 2022 pursuant to stipulation. (ROA 21.) On November 10, 2022, the Court sustained with leave to amend Defendants' demurrer to the second amended complaint. (ROA 32.) Plaintiff filed the operative 3AC on December 7, 2022. (ROA 34.) De...

Excerpt: ...ng to Scott R. Price within 48 hours. The litigation coordinator is directed to have Scott R. Price available at oral argument on April 20, 2023, at 1:30 pm. Appearance will be by ZOOM. Department 53's Zoom ID is: 1614650 6749. To appear on Zoom by phone, call (833) 568-8864 and enter 1614550 6749#. Appearance is required. Plaintiff Scott R. Price's ("Plaintiff") motion for appointment of counsel is DENIED as follows. The Court notes that it did ...

Excerpt: .... The subject complaint alleges causes of action for breach of contract, foreclosure of deed of trust, and fraudulent inducement. Defendants moves for judgment on the pleadings as to the third cause of action for fraudulent inducement on the basis that it is barred by the statute of limitations, the statute of frauds and otherwise fails to state facts sufficient to state a cause of action. On April 5, 2023, this Court granted co- defendant Twin R...

Excerpt: ...ss $3,778.50 for salvage) plus rental costs of $586.47 and a $1A)O deductible. Plaintiff seeks to recover that amount from Defendant Albin Abarquez alleged to have been responsible for vehicle accident causing the loss. Plaintiff's motion to have its request for admissions to Defendant deemed admitted was granted on November 24, 2020. When the moving party is the plaintiff, there is only one ground for a moton for judgment on the pleadings: "the ...

Excerpt: ...uired by Local Rule 1.06(D). The correct address for Departments 53 and 54 (Law and Motion) of the Sacramento County Superior Court is 813 6th Street, Sacramento, California 95814. Defendant's counsel is directed to contact opposing counsel forthwith to advise Plaintiff's counsel of Department 54's correct address, Local Rule 1.06, and the Court's tentative ruling procedure. If Defendant's counsel is unable to contact opposing counsel prior to th...

Excerpt: ... declaratory relief. Plaintiff has since dismissed the declaratory relief cause of action. Plaintiff's causes of action arise from allegations that he had agreements with certain parties ("DPG parties") which prov-ded that he would have a first position security interest as to money that he lent/invested which was collateralized by the DPG parties' assets, including an automobile sub-prime loan portfolio titled in the name of Spring Tree Lending,...

Excerpt: ...omplainant M&A's motion for summary adjudication as to its first, second, and third cross-claims is DENIED. Plaintiffs Stephen W. Wheatcraft, Ph.D. ("Dr. Wheatcraft"), Wheatcraft and Associates, LTD ("W&A," collectively "Cross- Defendants"), and Catherine Benton ("Benton," collectively "Plaintiffs") allege multiple causes of achon stemming from expert witness work Plaintiffs performed for Defendants on three lawsuits - the Clovis, Fresno, and Ora...

Excerpt: ... in a foreclosure related matter. Palmieri alleges she had a contingency fee agreement allowing for a percentage of the gross recovery and also provided her a charging lien for any sums ovvng for unpaid fees and costs. The Second Amended Complaint ("SAC") alleges Palmieri associated with Defendants in 2016 and recommended that Gilliland follow her. The SAC alleges Defendants agreed to a division of fees pursuant to which Palmieri would be paid a ...

Excerpt: ...f's former counsel as just "Maximum Security." (ROA 80.) The Court summarized the matter as follows: "Plaintiff filed this acton against Defendants Maximum Security Alarms, Inc., Monitronics International, Inc. Andrew Higgins, David Higgins, and Dennis Higgins on August 7, 2015. On May 10, 2017, the Court entered a money judgment against Defendants Maximum Security Alarms, Inc., Andrew Higgins, and Dennis Higgins. (ROA 59.) The judgment was draft...

Excerpt: ...sel prior to the hearing, moving counsel is ordered to appear at the hearing by Zoom or by telephone. Plaintiff Steave Samuel McClain's ("Plaintiff") moves to compel Defendant EKC Enterprises, Inc.'s ("EKC") further responses to Plaintiffs Requests for Admissions, Set Two. In conjunction with the subject requests for admissions, Plaintiff also served EKC with Form Interrogatories, Set Two, which included only Form Interrogatory No. 17.1. Plaintif...

Excerpt: ...appear at the hearing by Zoom or by telephone. Respondent Erion Hammack's ("Respondent") moton to set aside order granting name change petition is ruled upon as follows. Background On June 6, 2022 Petitioner Jasmine Salazar ("Petitioner") filed a petition for change of name for her minor son. (ROA 1.) The petition sought to change the minor's name from Osiris Solon Hammack to Osiris Solon Frias-Salazar. Petitioner's stated reason for the name cha...

Excerpt: ...tract. (Complaint.) Plaintiff Helexo PTE Limited ("Plaintiff") is a Singapore company. (Complaint, 4.) Defendant Comcopious Limited ("iCanPay") is a Hong Kong shell company that does business under the name ICanPay through various subsidiaries. (Complaint, 5 and 17-19; Shimogori Decl., '1 1.) Plaintiff alleges Comcopious' principal place of business is the home of its director and controlling shareholder, Defendant Kotaro Shimogori ("Shimogori") ...

Excerpt: ...es in opposition is 20 pages in length, and exceeds 15-page limit as specified in California Rules of Court rule 3.1113(d). The Court's record does not reflect Plaintiffs sought leave to file an oversized brief pursuant to California Rules of Court rule 3.1113(e). "A memorandum that exceeds the page limits of these rules must be filed and considered in the same manner as a late-filed paper." (Cal. Rules of Court, Rule 3.1113 (g).) The Court has d...

Excerpt: ...uled upon as follows. Sutter opposes the motion. Defendant Mindy Shapiro, MD ("Dr. Shapiro") filed a joinder to Sutter's opposition. This is a medical malpractice action in which Plaintiffs allege the wrongful death of Hardeep Kaur Bains ("Decedent"). Plaintiffs commenced this action by filing their Complaint on September 29, 2021, alleging causes of action for negligence wrongful death against Defendants Caroline Nguyen, MD; Dr. Shapiro; and Sut...

Excerpt: ...ired by Local Rule 1.06(D). Moving counsel is ordered to notify opposing counsel immediately of the tentative ruling system and to be available at the hearing, via Zoom or by telephone, in the event opposing counsel appears without following the procedures set forth in Local Rule 1.06(B). FACTS In this lemon law achon involving a 2018 Chevrolet Silverado 1500 ("the Silverado"), Plaintiffs allege GM was aware of a certain transmission defect ("the...