Excerpt: ...against Defendant for breach of warranties under the Song‐Beverly Act and the MagnusonMoss Act and for fraud. After Defendant's successful demurrer a first amended complaint alleging the same causes of action was filed on September 1, 2020. Defendant moves to compel Plaintiffs' claims to arbitration pursuant to an arbitration provision located in a “Motor Vehicle Lease Agreement With Arbitration Clause” which Plaintiffs signed when they lea...

Excerpt: ...earing 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. *** Defendants Sacramento Municipal Utility District (“SMUD”) and Michael Meeks (“Meeks”) (collectively, “Defendants”) move for summary judgment or, in the alternative, summary adjudication as to Plaintiff Amadu Barrie's (“Plaintiff”) second amended complaint (“SAC”...

Excerpt: ...l being served" as required by Code of Civil Procedure section 1010.6(e) (1). Provided that Defendant files the declaration, the following will become the tentative ruling of the Court. Defendant National University's (“Defendant”) motion for summary judgment, or in the alternative, summary adjudication is UNOPPOSED and is GRANTED. Overview This is an action for breach of implied contract and breach of implied covenant of good faith and fair ...

Excerpt: ...lic nuisance action brought by Plaintiff City of Sacramento (the “City”) concerning real property commonly known as 2246 Waterford, Sacramento, CA 95815 (the “Property”). Defendant Linda Siegrist (“Defendant”) is the Property's owner of record. The City commenced this action on February 17, 2017, alleging the following causes of action: (1) public nuisance under the Civil Code, (2) nuisance per se ‐ dangerous building (Sacramento Ci...

Excerpt: ...date. In connection with the previously scheduled hearing, Plaintiffs filed an approximately 30 page opposition in violation of the 15 page limit set forth in CRC Rule 3.1113(d) without obtaining permission. The Court stated that it would not consider the opposition and ordered Plaintiffs' to file an opposition not exceeding 15 pages by December 2, 2022. Plaintiffs failed to do so. Despite the fact that Plaintiffs were directed to submit a confor...

Excerpt: ...: “[o]n October 8,2019, [Defendant] knowingly and with malicious intent, introduced a fraudulent document into an official hearing. (See attached exhibit, "A") This document was utilized as the principal factor in denying Plaintiff early parole consideration. Defendant had first hand knowledge of Plaintiff's criminal conviction and elected to create and submit a series of severe criminal allegations into the record to sway the parole commission...

Excerpt: ...intiffs allege causes of action against Defendants for breach of contract, fraud and deceit/fraudulent concealment, negligent misrepresentation, breach of the implied covenant of good faith and fair dealing, failure to disclose in violation of Civil Code §§ 1102 et seq., financial elder abuse, and violation of Business and Professions Code § 17200. Plaintiffs allege that they visited the Home on August 14, 2020 and saw that the interior was un...

Excerpt: ...unts and for an equitable lien. Plaintiff seeks partition of certain real property located in Antelope, California in which he alleges that he and Defendant each own an undivided one‐half interest. (Comp. ¶¶ 2‐4.) Defendant demurs to each of the three causes of action. While Plaintiff filed an opposition, he does not address any of the substantive arguments directed to the causes of action. The Court would note also that Defendant provides ...

Excerpt: ...ation coordinator shall provide the tentative ruling to Plaintiff Troy Anderson within 48 hours. The litigation coordinator is directed to have Plaintiff Troy Anderson available at oral argument on December 15, 2022 at 1:30 pm. Appearance will be by ZOOM. Department 53 Zoom ID is: 161 4650 6749. To appear on Zoom by phone, call (833) 568‐8864 and enter 161 4650 6749#. Appearance is required. Plaintiff Troy Anderson's motion to appoint counsel a...

Excerpt: ...lly addressed herein, the Court declines to rule on Defendant's objection as they are immaterial to the disposition of this motion. The notice of motion and separate statement present a single issue for determination. As Defendant's request for summary judgment and summary adjudication are based on the same issue and identical fact, the Court notes the determination of whether Defendant is entitled to summary judgment is also dispositive of the r...

Excerpt: ...c) to December 14, 2022, to allow the parties to meet and confer as required by CCP section 430.41(a). Defendant's counsel filed a code‐compliant declaration on December 1, 2022. (ROA 120.) BACKGROUND Plaintiffs filed a First Amended Complaint (“FAC”) on June 24, 2022. The FAC alleges causes of action for general negligence, motor vehicle negligence, and loss of consortium. The FAC alleges that Defendant contracted to provide pilot car serv...

Excerpt: ...stment in certain real property. Specifically, Plaintiff alleges that in April of 2020 he hired Defendant Julie Ann Ryan, who was employed as a real estate agent by Defendant William L. Lyon & Associates, Inc., to assist him with a loan transaction. (FAC, ¶¶ 10‐11, 18.) Defendant Andre Scott is the managing member of Defendant Eurisko Development's, LLC, and Plaintiff alleges that the company operates as Mr. Scott's alter ego. (FAC, ¶¶ 8, 1...

Excerpt: ...ifty‐percent (50%) interest in property located at 237 Creekside Way, Galt, CA 95632 (“Property”). The Salvador R. Pamplona 2021 Separate Property Trust (“Trust”) has a fifty‐percent (50%) tenant‐ incommon interest in the Property. (Complaint, ¶¶ 3‐4.) In February 2011, Plaintiff and Salvador's mother, Cristina Pamplona (“Cristina”) transferred the Property to Salvador and Cristina's grandson, Carlos B. Pamplona (“Carlos�...

Excerpt: ...y Anderson available at oral argument on December 15, 2022 at 1:30 pm. Appearance will be by ZOOM. Department 53 Zoom ID is: 161 4650 6749. To appear on Zoom by phone, call (833) 568‐8864 and enter 161 4650 6749#. Appearance is required. Plaintiff Troy Anderson's motion to appoint counsel at the public expense pursuant to 28 U.S.C. section 1915(d) and 18 U.S.C. section 3006A is denied. As a preliminary matter, the Court notes Plaintiff previous...

Excerpt: ...ica Pamplona‐ Estrada (“Pamplona‐Estrada”) and Anthony Short (“Short”) as well as Pamplona‐Estrada's passenger Angelina Pamplona (“Pamplona”). Malik alleges that Pamplona‐Estrada and Short were separately operating their vehicles on Highway 99 in a manner that caused a multi‐vehicle chain collision with Malik's vehicle. Short and Pamplona‐Estrada filed Cross‐Complaints against each other for indemnity and apportionment o...

Excerpt: ...or damages arising from a dispute regarding the alleged sale of a 2021 Kenworth tractor (the “Vehicle”) and the repayment of an alleged investment. Bains is the owner of YR Transportation, a trucking company. (Complaint, ¶ 10.) Rajinder worked as an independent contractor for YR Transportation. (Complaint, ¶ 12.) In January 2021, Rajinder allegedly accepted an agreement to sell the Vehicle to YR Transportation for $120,000. (Complaint, ¶¶...

Excerpt: ... On November 21, 2022, Plaintiffs' counsel filed a declaration containing the previously omitted exhibits. (ROA 48.) On December 5, 2022, Defendant's counsel filed an amended declaration, including a revised copy of Exhibit 4. (ROA 54.) The Court notes that counsel's original declaration described Exhibit 3 as a “true and correct copy of what I am informed and believe is the Retail Installment Sale Contract” and Exhibit 4 as a “true and cor...

Excerpt: ...he 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 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. Background ...

Excerpt: ...Complaint, ¶ 7.) Defendant filed an answer on May 30, 2019. (ROA 35.) On August 29, 2019, Plaintiff dismissed the other two named Defendants, Russell Meadows and Judith Meadows. (ROA 45.) The matter was initially set for trial on May 24, 2022. (ROA 63.) However, on May 23, 2022, Plaintiff filed an ex parte application to continue the trial date. (ROA 70.) Plaintiff also requested a continuance orally on May 24, which the Court granted. (ROA 69.)...

Excerpt: ...ts (“RFPD”), Set Three, on January 5, 2022. Plaintiff found Defendant's responses and production of documents in response to RFPD Nos. 41 and 43 responses to be deficient, and during the ensuing meet and confer efforts, Defendant produced a privilege log that identified documents that were responsive to those two RFPDs but that were being withheld on the basis of attorneyclient privilege. (See Telfer Decl., ¶ 3, Exh. 1.) Plaintiff ultimately...

Excerpt: ...leges Decedent was placed into the custodial care of Defendants for treatment of respiratory issues, lack of mobility and other limiting conditions that prevented Decedent from caring for himself. (Complaint, ¶¶ 31‐34.) Plaintiff alleges Defendants failed to provide proper care for Decedent, resulting in his death. (Complaint, ¶¶ 35‐37.) Specifically, Plaintiff alleges Defendants withheld and failed to provide respiratory care, treatment ...

Excerpt: ... to strike the allegations seeking recovery of punitive damages along with allegations that non‐party Jack Swank was personally guilty of oppression or malice against Plaintiffs, including criminal violations of law. Plaintiff filed an untimely opposition to the motion. However, the Court notes Defendant was able to prepare a reply addressing Plaintiff's untimely opposition. Further, there is a pending motion to strike the claim for punitive da...

Excerpt: ...Medical Board of California as a Physician and Surgeon." (Petition , 2:3‐4 (emphasis added).) However, the Petition later states that Respondent was Board‐certified in Psychiatry and Neurology, and has a practice providing psychiatric care in Placer County. (Petition, Ex. B, ¶ 5 (emphasis added).) Respondent's opposition indicates that he is a psychiatrist. (Opposition, 4:2.‐21.) In February 2020, the Medical Board of California ("Board") ...

Excerpt: ...or Court is 813 6th Street, Sacramento, California 95814. Plaintiff shall notify defendant Javier Villa Santana (“Defendant”) immediately. California Code of Civil Procedure § 664.6 provides: “If parties to pending litigation stipulate, in a writing signed by the parties outside the presence of the court or orally before the court, for settlement of the case, or part thereof, the court, upon motion, may enter judgment pursuant to the terms...

Excerpt: ... motion. Everest contends the exhibits were marked confidential and produced only to plaintiff Zurich American Insurance Company (“Zurich”) pursuant to the Court's May 12, 2021, Stipulated Protective Order. (ROA 81; Branse Decl. ¶ 10.) Exhibit 12 is Everest's California Contracting Program Underwriting Guidelines and Exhibit 13 is the February 28, 2002 revised guidelines. Everest contends the exhibits are internal detailed underwriting guide...