Excerpt: ...ing their Complaint on December 12, 2022. (ROA 1.) On January 18, 2023, Plaintiffs filed the operative First Amended Complaint ("FAC") alleging causes of achon for elder neglect, custodial negligence, constructive fraud, and negligent infliction of emotional distress against Defendants. (ROA 10.) Plaintiffs allege Ms. Ritter is a 95-year-old woman who was living at the residential care facility for the elderly known as The Pines, a Merrill Garden...

Excerpt: ...aint seeks "quasi-specific performance of an agreement to devise property at death and imposition of a constructive trust." Specifically, Plaintiff requests "[tlhat a constructive trust be imposed upon Carolyn M. Young, John Stockard, The Mary Lou DiasAnderson Endowment Fund and The Epic Bible College as to the Auburn Boulevard Pro#rty, pursuant to which after all specific distributions of the trust estate pursuant to the Anderson Trust have been...

Excerpt: ... Department 53 Zoom ID is: 1614650 6749. To appear on Zoom by phone, call (833) 568-8864 and enter 161 4550 5749#. Appearance is required. Defendants California Department of Corrections and Rehabilitation ("CXR") and Kathleen Allison ("Allison") (collectively "Defendants") demurrer to incarcerated pro per Plaintiff Delbert J. Smith's ("Plaintiff") Complaint is ruled upon as follows. Plaintiff commenced this acton by filing his Complaint on July ...

Excerpt: ... of action for breach of contract and two causes of action for common counts. Camrock alleged Defendant Security Paving Company, Inc. ("Security Paving") failed to make payment to it within 30 days of its final invoices for the two jobs, job numbers 06-0H2504 ("06 and 07-266404 ("07 Subcontract"). Following a court trial before the Honorable Trena H. Burger-Plavan, the Court issued a tentative decision in favor of Camrock on May 31, 2019. (ROA 11...

Excerpt: ...Plaintiff filed the instant action on October 8, 2020. (ROA 1.) Trial is set for June 20, 2023. (ROA 26.) Defendant served an initial set of discovery documents on Plaintiff on March 26, 2021 to which Plaintiff responded. (Declaration of Kimberly A. Millington (Millington Decl.) 92.) Defendant also noticed Plaintiffs deposition for December 1, 2021. (Millington Decl. 94.) On November 29, 2021, Plaintiff's counsel informed Defendant that counsel w...

Excerpt: ...ndant, Crosscomplainant and Cross-Defendant Martin Concepc:ion Rodriguez ("Rodriguez") collided into Vehicle 2, pushed the vehicle into the rear of De Ayon's vehicle. De Ayon's vehicle pushed forward where its front end collided into rear of Vehicle 4. The impact continued until the front end of Vehicle 5 collided into the rear of Plaintiff's vehicle. De Ayon has settled with Plaintiff for her policy limit in the amount of $25,000. De Ayon seeks ...

Excerpt: ...ts for Production of Documents, Set One is ruled upon as follows. This is a medical malpractice action in which Plaintiffs allege the wrongful death of Hardeep Kaur Bains ("Decedent"). Plaintiffs commenced this achon by filing their Complaint on September 29, 2021, alleging causes of action for negligence wrongful death against Defendants Caroline Nguyen, MD; Mindy Shapira, MO; and Sutter. Pertinent here, Sutter indicates that on December 20, 202...

Excerpt: ...becca Rickett ISO Defendant's motion to compel (Rickett Decl.) 2.) The deposition was taken off calendar per Plaintiff's counsel's request as counsel was unable to locate their client. (Rickett Decl. 93.) Plaintiff failed to respond to an attempt to meet and confer for other available dates of deposition. (Rickett Decl. 94.) Defendant subsequently moved to compel the deposition, which the Court granted on December 1, 2022. (ROA 35.) Shortly there...

Excerpt: ...male, filed his original Complaint on April 1, 2022, alleging the following six causes of action: (1) race discrimination; (2) failure to prevent discrimination; (3) retaliation; (4) harassment; (5) negligent infliction of emotional distress ("NIED"); and (6) intentional infliction of emotional distress ("IIED"). On October 25, 2022, the Court sustained with leave to amend Defendant's demurrer to each of the six causes of action. Plaintiff then f...

Excerpt: ...that pursuant to local Court rules, only limited oral argument is permitted on law and motion matters. *** Plaintiff's opposition papers were not timely filed and the "Certificate of Service" on the final page does not in several respects comply with Code of Civil Procedure S1013a. This is particularly troubling since plaintiff's opposition to the prior demurrer suffered from the same defects, resulting in the Court declining to consider his oppo...

Excerpt: ...ng. The parties are also reminded that pursuant to local Court rules, only limited oral argument is permitted on law and . *** Plaintiff's opposition was not timely filed or served and the proof of service attached motion matters thereto is not signed. Additionally, the opposition does not comply with CRC Rule 3.1113(d) and (f) and plaintiff failed to seek or obtain leave of court to file an oversized brief as required by Rule 3.1113(e). Plaintif...

Excerpt: ...ted. Factual and Procedural Background Plaintiff filed his Complaint on October 13, 2020, against SMP and Mr. Phelps arising from SMP's repair to his foundation by installing 20 push piers. Plaintiff alleges the repair caused structural and cosmetc damage to his house. (ROA 1.) Subsequently, SMP and Mr. Phelps (collectively, "Cross-complainants") filed a Crosscomplaint against SFA on December 11, 2022, alleging claims for negligence, contribution...

Excerpt: ... bottom of the page" (so the Court need not unnecessarily expend time locating individual exhibits). Factual Background This litigation was commenced against defendant Mission Linen Supply in October 2019 with a putative class action complaint alleging violations of various wage-andhour provisions of the Labor Code as well as a claim for unfair business practices. In December 2019 an amended complaint was filed, adding claims for penalties under ...

Excerpt: ...her "hard paper or plastic tabs extending below the bottom of the page" (so the Court need not unnecessarily expend time locating individual exhibits). Factual Background This is a personal injury action arising from the malfunction of an elevator in which plaintiff was riding in February 2019. It is alleged the elevator "dropped approximately three floors and then suddenly stopped. Trial is currently scheduled to commence on 6/20/2023. In Februa...

Excerpt: ... causing injuries. (LJMF 1.) Plaintiff alleges RMA failed to inspect and adequately maintain the tree and knew, or should have known, the tree was in a dangerous condition. RMA moves for summary judgment on the ground Plaintiff cannot establish RMA breached its duty of care or causation and based on Plaintiff's factually devoid discovery responses. In support, RMA presents the following undisputed material facts ("UMFs"). RMA s Maintenance Depart...

Excerpt: ...ifornia. In April of 2022, Defendants tendered their policy limits of $15,000 to settle this matter in exchange for a signed release and dismissal from plaintiff Steave Samuel McClain ("Plaintiff"). (Britt Decl. 2, Exh. A.) Plaintiff's counsel responded asking when Defendants' moton for good faith settlement would be and asked for Defendants to send over a release for Plaintiff to sign. (Britt Decl. '1 3, Exh. 8.) Defendants' counsel sent a settl...

Excerpt: ... on January 10, 2017. As a result of the incident, Plaintiff claims to have suffered injury to his head, including a traumatic brain injury with memory loss, difficulty concentrating, impaired cognitive functioning, headaches, memory loss, insomnia, post-traumatic stress, emotional distress and loss of income related to the incident. Plaintiff submitted to an independent medical examination conducted by Defendant's expert neurologist, Dr. Van Ost...

Excerpt: ...ate/time of this hearing if she attends Court in person. As stated therein, such order as to Defendant Trieu 's counsel applies REGARDLESS of whether any party requests oral argument on this motion. *** Factual Background Plaintiff commenced this action in 2018, alleging against defendants Trieu and Phan causes of action for fraud, embezzlement, conversion, breach of contract, breach of fiduciary duty, negligence, etc. in connection with a reside...

Excerpt: ...rril Kofi a.k.a Zeke Layman, Mrs. Miller's brother, was also living at Bush Way on the date of the fire. The home was insured by Mid-century Insurance Company, which paid out claims by the other plaintiffs to have the house repaired and for damages to contents of the home following the fire loss incident. Mid-century is appearing in a subrogee capacity. Plaintiff Chris and Edith Miller, as well as Mr. Layman, are inwlved as additional individual ...

Excerpt: ... to provide verified further responses to Defendant's request for production (set one), without objections other than those based on privilege, and an appropriate privilege log, no later than February 28, 2023. Defendant contends Plaintiffs failed to comply with the orders and now seeks evidentiary and monetary sanctions. The Court also imposed a modest amount of monetary sanctions against each Plaintiff in the amount of $310. Defendant indicate ...

Excerpt: ...22, alleged causes of action for violation of Business & Professions Code S 809, negligence, and wrongful termination in violation of public policy. Plaintiff was granted leave to file an amended complaint and filed the FAC on September 29, 2022. In the FAC, Plaintiff alleges causes of action against Defendant for violation of Business & Professions Code S 809, negligence, violation of Labor Code S 1102.5, wrongful termination in violation of pub...

Excerpt: ..."), was hit from behind by a vehicle driven by Defendant Francisco and owned by Defendant Magness (the two settling defendants), and collided with Plaintiff's vehicle, who was braking in front of him. (Moton to Contest, 1:3- 24.) Settling Defendants contend that Ahmed hit Plaintiff's car first, and then hit it a second time after being hit by Settling Defendants (Opposition, 3:25-4:2.) Plaintiff filed her complaint in this achon on August 4, 2022...

Excerpt: ...sel 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/PROCEDURAL HISTORY Plaintiff Tyler Pasquini ("Plaintiff") commenced this action by filing his Complaint on June 20, 2022. (ROA 1.) Plaintiff alleges two causes of action: (1) "liability via ratification" against Mercer, and (2) neg...

Excerpt: ...the memorandum. In the future, Cross-Defendants shall conform to the applicable page limits or obtain an order from the Court allowing it to exceed those limits in accordance with the California Rules of Court. The Court also reluctantly considered Cross-Defendants' untimely supplemental opposition and supplemental declaration filed on April 4, 2023, seven court days prior to the hearing. There is no explanation for these late filings. Plaintiffs...

Excerpt: ...hearing and the parties should be prepared to point to specific evidence which is claimed to show the existence or nonexistence of a triable issue of material fact. *** Cross-Defendant Ronald L Rasmussen, D.D.S.'s ("Rasmussen") motion for summary judgment is ruled upon as follows. As an initial matter, Rasmussen's request for judicial notice is granted. I. Procedural History Plaintiff Lisa Vaughn ("Plaintiff") filed her complaint in this action a...

Excerpt: ...d, Samuel Fong (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 8. Fong's estate. At issue on the instant moton is Jason's claimed failure to produce a United States Estate Tax Return, Form 706 ("Tax Return") for Sam. The Siblings contend the Tax Return was responsive to the request for production of docume...

Excerpt: ...s able to file a complete reply. Defendant's counsel also filed a "supplemental" declaration on April 11, 2023, only two Court days prior to the hearing. The declaration attached exhibits which counsel attempted to attach to the papers filed on April 7, 2023. The basis for the opposition is that verified responses were served after the motion was filed. The motion was filed on January 11, 2023. There is no dispute that Defendant served verified r...

Excerpt: ...aintiff at a private mediation the parties participated in on July 22, 2022, pursuant to Code Civ. Proc„ S 664.6. The mediation resulted in a negotiated settlement, memorialized in a Stipulation for Settlement ("Stipulation"), which was signed by Plaintiff and her counsel of record at the time, as well as Defendant Thompson and counsel of record for Defendants. (Goulding Decl., "1 34 and Ex. B.) The Stipulation includes detailed terms of an agr...

Excerpt: ...lowing: [T]hat the property was in a dangerous condition at the time of the injury, that the injury was proximately caused by the dangerous condition, that the dangerous condition created a reasonably foreseeable risk of the kind of injury which was incurred, and that either: (a) A negligent or wrongful act or omission of an employee of the public entity within the scope of his employment created the dangerous condition; or (b) The public entity ...

Excerpt: ...Raymond Case Child Development Center ("Raymond Case"), and that the abuse was witnessed by a teacher, but not reported. The operative second amended complaint ("SAC") was filed on April 16, 2021, and contains a cause of achon against CDSS for negligence. CDSS moves for summary judgment on the grounds that Plaintiff cannot establish that a duty of care was breached by CDSS or any other essential element of his negligence cause of action. Raymond ...

Excerpt: ...y Defendants from 1987 until she was forced to resign in May of 2019. (3AC 98.) On October 11, 2019, Plaintiff filed her original complaint in this action. (ROA 1.) The original complaint did not include a cause of acton for defamation. Plaintiff filed her first amended complaint on July 27, 2021. (ROA 72.) Plaintiff filed her second amended complaint on June 27, 2022. (ROA 76.) In the second amended complaint, for the first time, Plaintiff added...

Excerpt: ... 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) 568-8854 and enter 1614650 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 not consider Plaintiff's February 23, 2023 filing titled "Motion for Appointment of Counsel," signed under penalty of perjury bec...

Excerpt: ... opposing counsel prior to the hearing, moving counsel is ordered to appear at the hearing by Zoom or by telephone. The notice of motion also states the incorrect address for Department 54. The correct address for Department 54 of the Sacramento County Superior Court is 813 6th Street, Sacramento, California 95814. Plaintiff's counsel is admonished for failing to comply with CRC rule 3.1110(f)(4). Exhibits accompanying motions must be separated b...

Excerpt: ...cle to Defendant for repairs on numerous occasions and that Defendant failed to use ordinary care and skill to store, prepare and repair the Vehicle in accordance with industry standards. (Complaint, 40-42.) Defendant moves to compel Plaintiffs' claims against it to arbitration pursuant to an arbitration provision located in the subject Retail Installment Sales Agreement ("RISC") Plaintiffs signed when they purchased the vehicle. The subject prov...

Excerpt: ...d served by March 20, 2023. However, where a motion is served via electronic mail, the notice period is extended by 2 court days. Thus, the deadline for service was March 16, 2023. Here, the motion was filed on March 17, 2023 and the proof of service indicates it was served February 17, 2023 via electronic mail. Even assuming the date on the prtnf of service is not an error, the motion was untimely filed for purposes of this hearing date. However...

Excerpt: ...el's moton to withdraw. (ROA 51.) Plaintiff has proceeded pro per since then. On November 1, 2022, the Court denied Defendant's motion for terminating sanctions. (ROA 96.) The Court based its ruling on the fact that Defendant served the motion, as well as prior discovery motions and discovery requests, to Plaintiff at the address listed in her former counsel's motion to withdraw, 2411 Larkspur Lane #34, Sacramento, CA 95825. The Court noted that ...

Excerpt: ...years Cima has managed Luyung LLC's principal asset, a commercial building located at 3181 Luyung Drive, in a manner that benefits Cima individually by leasing the building to her son's business at below market rent. Plaintiff initiated this action on July 25, 2022 by filing a petition/complaint with three causes of action: (1) petition for decree regarding winding up; (2) judicial dissolution; and (3) accounting. In addition to the allegations r...

Excerpt: ...reviously served on defendant Cam-ans. The Court finds that plaintiff in pro per did not file by this deadline (or thereafter) any of the opposition papers which were previously served on defendant CalTrans but she did file on 3/28/2023 a "Response" to CalTrans' earlier objections to plaintiff's Request for Judicial Notice in opposition to this demurrer. Based on the present record, the Court now rules on CalTrans' demurrer to the 2AC as follows....

Excerpt: ...s not provide the correct address for Dept. 53/54. Factual Background This action arises out of dental services provided to plaintiff by WDS. The Judicial Council Form Complaint filed on 8/3/2022 purports to assert three separate causes of action against WDS: Breach of Contract, General Negligence and Products Liability ( i.e., Breach of [Implied] Warranty). Moving Papers. WDS now demurs to the entire complaint on the ground it "attempts to split...

Excerpt: ...ld as Trustee of The Sharon Scofield Family Trust's ("Defendant") demurrer to Plaintiff Diversified Foundation LP's ("Plaintiff") complaint is ruled upon as follows. Trustee's request for judicial notice is GRANTED. Plaintiff's request for judicial notice is GRANTED. Plaintiff failed to comply with CRC Rule 3.1110(f)(3) which requires that each paper exhibit must be separated by a hard 8 h" x 11" sheet with hard paper or plastic tabs extending be...

Excerpt: ...efendants Best Buy Co„ Inc. ("Best Buy") and Gregg Masse's (collectively, "Defendants") demurrer to plaintiff Osbert Ayeni-Aarons' ("Plaintiff") Second Amended Complaint ("SAC") is ruled upon as follows. The notice of motion does not provide notice of the Court's tentative ruling system, as required by Local Rule 1.06. Moving counsel is directed to contact Plaintiff's counsel and advise of unral Rule and the Court's tentative ruling procedure a...

Excerpt: ...nsurance Fund ("SCIFI'). Defendant's default was entered on June 21, 2022. (ROA 7.) Default Judgment was entered on December 20, 2022. (ROA 12.) The proof of service indicates that Defendant was substitute served on Jasmeen Kaur, Registered Agent, on April 30, 2022 at 11:41 a.m. on "'JANE DOE' (DECLINED NAME), PERSON IN CHARGE Description: MID-EASTRN, Female, 30+ yr s old, 5 ' 4" tall , 170 lbs., BLACK Hair" at 7525 Franklin Blvd., #14 Sacramento...

Excerpt: ...arties are also reminded that pursuant to local Court rules, only limited oral argument is permitted on law and motion matters. *** The notice of demurrer does not provide the correct address for Dept. 53/54. Plaintiff's counsel failed to comply with CRC Rule (3)-(4). The complaint does not comply with CRC Rule 2.112(4) in that plaintiff failed to identify the party or parties against whom each individual cause of achon is directed. Factual Backg...

Excerpt: ...ion is unopposed and granted. Evidentiary Objections The Court does not rule on Plaintiff's evidentiary objection since the subject portions of Michael Coleman's Declaration filed in support of the motion are immaterial to the Court's decision on this motion. Discussion In August 2016, Plaintiff filed a civil action in Sacramento Superior Court against Defendant and fts alleged principals, entitled Ghulam v. Aalemkhiel, et al., Case No. 34-2016-0...

Excerpt: ... 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. *** (The Court notes that the moving separate statement erroneously includes two separate, nan-duplicative Undisputed Material Fact Nos. 19.) Moving counsel failed to comply with CRC Rule 3.1350(g), requiring a single Wlume of evidence (including al...

Excerpt: ...tured and warrantied by Defendant. Plaintiffs further allege that shortly after purchase the subject vehicle began to suffer from various defects, including issues with the suspension system, a clicking noise coming from the engine, illumination of the check engine light, two recalls, and a transmission issue. Plaintiffs took the vehicle to Defendant's authorized repair facilities for warranty repairs on at least six separate occasions. Plaintiff...

Excerpt: ... after completion of notice by publication in an escheat action taken under the provisions of Section 1415, a person not a party or privy to such proceeding or action, if not otherwise barred, may file a #tition in the Superior Court of the County of Sacramento, or as provided in Section 401, showing his claim or right to the money or other property, or the proceeds thereof. Petitioner has properly served the Attorney General and the Controller i...

Excerpt: ...oena, the head of the department may petition the Court for an order compelling compliance. Here, Petitioner identifies herself as the duly appointed Director of the Department of Consumer Affairs, State of California, ("DCA"). (Pet. 1.) DCA is a department within the meaning of Government Code section 11180 et seq. (ld. at 3.) Respondent Michael Jen-Kung Huang, M.D. ("Respondent") is duly licensed by the Medical Board of California ("the Board")...

Excerpt: ...er successorin- interest Barbara Collignon, alleges causes of action for Elder Abuse and for Violation of the Patents' Bill of Rights. The other plaintiffs allege a cause of action for Wrongful Death in connection with Ms. Hinkle's stay at Defendant's skilled nursing facility. Plaintiffs allege Ms. Hinkle was a significant fall risk when she was admitted to the facility and that despite knowledge of that risk Defendants failed to properly staff t...

Excerpt: ...s default was entered on July 11, 2022. Defendant is represented by defense counsel supplied by his insurer (Geico). Defendant's counsel declares that he cannot locate Defendant and that counsel was not informed of the lawsuit until January 9, 2023, the same day the motion was filed. Defendant, or perhaps more accurately, Geico given that Defendant cannot yet be located, seeks to set aside the default pursuant to CCP S 473 and 473.5. First, to th...