Excerpt: ...w cause, if any there be, why this action should not be dismissed due to plaintiff's failure to bring it to trial within five years of the date it was commenced (i.e., 12/10/2001) as required by Code of Civil Procedure §583.310. The Court specified that plaintiff had until 12/1/2022 to file and serve a brief addressing the question of whether this action is subject to mandatory dismissal due to his failure to bring it to trial within five years ...

Excerpt: ...Lemons' office located in Sacramento, California, which is beyond the geographic limits of CCP § 2032.220(a)(1), is GRANTED. Defendants filed this motion concurrently with their motion to compel Mrs. Shapton to appear for her deposition in Sacramento on Thursday, January 26, 2023, which is also granted as set forth in the Court's concurrent ruling. This action arises from a two‐car accident that occurred on June 13, 2019, on LaTrobe Road at th...

Excerpt: ...tative ruling system as required by Local Rule 1.06 (or the correct address for Dept. 53/54), this does not mandate or otherwise justify denial of this motion as suggested by the opposition. This is particularly true since RCCB served on 12/1/2022 a notice of Local Rule 1.06 and this Court's tentative ruling procedure. Factual Background This action arises out of plaintiff's prior employment with RCCB. Her complaint alleges not only a variety of ...

Excerpt: ...eging claims for general negligence and premises liability. Plaintiff alleges he was electrocuted on November 22, 2016, while working on the LED lights at Roseville Toyota. Plaintiff alleges he was instructed by his employer, defendants Next Step Energy, Inc.; Angela Novak; and Theodore Novak to repair the LED lights and that Roseville Toyota negligently owned, maintained, controlled, and/or managed the dangerous facility and created a dangerous ...

Excerpt: ...unsel 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 party 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 in 2019 arises from plaintiff's prior employment with defendant Target Excellence, where co‐defendant Whitfield also worked and was lat...

Excerpt: ...icate the address for Department 54 of the Sacramento County Superior Court, which is 813 6th Street, Sacramento, California 95814. Defendants shall notify plaintiff Jeff Harada (“Plaintiff”) immediately. The notice of motion also does not provide notice of the Court's tentative ruling system as required by Local Rule 1.06(D). Defendants are ordered to notify Plaintiff immediately of the tentative ruling system and the manner to request a hea...

Excerpt: ... 3, 2022, the Court granted Plaintiff's unopposed motion to deem matters admitted. (ROA 14.) Plaintiff now moves for judgment on the pleadings based on these admissions. Specifically, that Defendant admits he had a credit card account issued by Plaintiff; he received periodic statements regarding the account; as of March 11, 2022, the balance owed on the account was $6,928.53; no payments have been made on the account since March 11, 2022; the la...

Excerpt: ...) demurrer to the complaint is ruled upon as follows. Request for Judicial Notice Defendants' Request for Judicial Notice (“RJN”) of Plaintiff's two government tort claims and the California Department of Corrections and Rehabilitation's (“CDCR”) rejections of them is unopposed and is GRANTED. Background Pro per inmate Plaintiff Larry William Cortinas (“Plaintiff”) filed his form complaint on December 8, 2021. Therein, he alleges caus...

Excerpt: ...the Holt Law Firm's (collectively “Defendants”) demurrer to pro per Plaintiffs Victoria Yeager and Gen. Charles Yeager's (Ret.) (collectively “Plaintiffs”) third amended complaint (“TAC”) is ruled as follows. Defendants failed to comply with CRC Rule 3.1110(f)(3) which requires that each paper exhibit must be separated by a hard 8 ½” x 11” sheet with hard paper or plastic tabs extending below the bottom of the page, bearing the e...

Excerpt: ...Sacramento. Defendants now move for summary judgment on the basis that Plaintiffs cannot establish that they breached any duty or causation. In evaluating a motion for summary judgment or summary adjudication the Court engages in a three step process. First, the Court identifies the issues framed by the pleadings. The pleadings define the scope of the issues on a motion for summary judgment or summary adjudication. (FPI Dev. Inc. v. Nakashima (19...

Excerpt: ...ation “shall specify the time, place, manner, conditions, scope, and nature of the examination, as well as the identity and the specialty, if any, of the person or persons who will perform the examination.” (CCP §2032.310(b); Carpenter v. Superior Court (2006) 141 Cal.App.4th 249, 259.) Additionally, the Court's order “must set forth certain details of the examination: ‘An order granting a physical or mental examination shall specify the...

Excerpt: ...t of self‐represented Plaintiff Keith Herron's termination from employment with TE. After Defendants' demurrer, the second amended complaint alleges causes of action for breach of contract and retaliation. Plaintiff alleges that he founded TE in 1994 and that it agreed to employ him as Executive Director in 2014. He alleges he was terminated on August 15, 2018 in retaliation for filing a complaint with the Department of Fair Employment and Hous...

Excerpt: ... 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. Defendant Kathleen Allison's motion to dismiss is granted. Defendant Governor Newson's joinder filed on December 1, 2022 and served on November 30, 2022 is denied. A joinder is only timely “if it is served and filed wi...

Excerpt: ... July 18, 2023. Plaintiff moves for leave to file a first amended complaint to set forth additional causes of action for slander, stalking, intentional infliction of emotional distress and invasion of privacy. Plaintiff also seeks to add additional facts regarding the underlying circumstances, including Defendant admitting his statements were false, police involvement and more. The Court previously denied Plaintiff's motion without prejudice on t...

Excerpt: ...ttee formed pursuant to the Federal Labor Management Cooperation Act of 1978 (29 U.S.C. § 175a). Defendant Brown Construction, Inc. (“Brown”) is a licensed contractor who served as the general contractor on a construction project in Sacramento known as the Arden Gateway project. Defendant Advantage Drywall, Inc. (“ADI”) is a licensed drywall contractor who served as a subcontractor of Brown's on the project. Plaintiff alleges that Defend...

Excerpt: ...ce is denied except to the extent that Plaintiff requested that the Court take judicial notice of Defendant's answer. The other matters appear to be contractual documents and billing statements which Plaintiff apparently attempts to use to show that allegations in Defendant's answer are untrue. Putting aside the impropriety of that purpose on a pleading motion such as the instant one, private documents between parties are not matters that are sub...

Excerpt: ...athfinder. Plaintiffs allege that the vehicle contains defects. They allege causes of action against Defendant for breach of warranties under the Song‐Beverly Act and the Magnuson‐Moss Act Defendant moves to compel Plaintiffs' claims to arbitration pursuant to an arbitration provision located in a Retail Installment Sales Agreement (“RISC”) Plaintiffs signed when they purchased the vehicle. A written agreement to submit a controversy to a...

Excerpt: ...ively, “Defendants”). Plaintiff was previously employed as a family physician with CDCR at California State Prison‐Sacramento, and Defendants Sahota and Bobbala were his supervisors. Plaintiff filed his initial complaint on December 12, 2019 alleging various employment causes of action, including religious and national origin discrimination, retaliation, and failure to accommodate. These claims stemmed from Defendants' responses to Plaintif...

Excerpt: ...ep process. First, the Court identifies the issues framed by the pleadings. The pleadings define the scope of the issues on a motion for summary judgment or summary adjudication. (FPI Dev. Inc. v. Nakashima (1991) 231 Cal.App.3d 367, 381‐382.) Because a motion for summary judgment or summary adjudication is limited to the issues raised by the pleadings (Lewis v. Chevron (2004) 119 Cal. App. 4th 690, 694), all evidence submitted in support of or...

Excerpt: ...ffectively, and focus. (AMF No. 1.) Due to her disability, Bankett has been placed on a LEAP eligibility list, which allows state agencies to bypass the interview and testing process when considering Bankett's application, to hire her provisionally to evaluate her qualifications during an on the job examination, and to appoint Bankett to a permanent position if she passes the examination. (See UMF Nos. 11‐13; Gov Code § 19240, et seq.) In 2013...

Excerpt: ...ary judgment or summary adjudication the Court engages in a three‐step process. First, the Court identifies the issues framed by the pleadings. The pleadings define the scope of the issues on a motion for summary judgment or summary adjudication. (FPI Dev. Inc. v. Nakashima (1991) 231 Cal.App.3d 367, 381‐382.) Because a motion for summary judgment or summary adjudication is limited to the issues raised by the pleadings (Lewis v. Chevron (2004...

Excerpt: ...se or causes of action against the defendant and the answer does not state facts sufficient to constitute a defense to the complaint.” (Code Civ. Proc. § 438(c)(1)(A).) In ruling on a motion for judgment on the pleadings, the Court can properly take judicial notice of evidentiary admissions that cannot be reasonably controverted. (Pang v. Beverly Hospital, Inc. (2000) 79 Cal.App.4th 986, 989‐990.) Thus, the Court may consider matters admitte...

Excerpt: ...oom telephonically, call (833) 568‐8864 and enter the Zoom ID: 16146506749. Defendant California Department of Corrections and Rehabilitation's (“CDCR”) demurrer to incarcerated plaintiff in pro per Paul Anthony Moreno's (“Plaintiff”) Complaint is ruled upon as follows. Plaintiff filed his Complaint on January 31, 2022, alleging a single cause of action for “Negligence in Law [Penal Code § 4576 (e), (i)].” Plaintiff alleges that an...

Excerpt: ... Street, Sacramento, California 95814. Defendant shall notify Plaintiff immediately. On December 27, 2016, plaintiff Dawn Virginia Randall (“Plaintiff”) filed the Complaint in this action for personal injuries related to a fall that occurred on January 6, 2015. The initial trial date was September 25, 2018. (ROA 26.) On September 6, 2018, the Court granted Plaintiff's motion to continue trial pursuant to the parties' stipulation. (ROA 36.) A ...

Excerpt: ...cts, opposing plaintiff's 69 Additional Material Facts, and/or opposing plaintiff's three (3) 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. *** PDQ's moving memorandum of points & authorities fail to comply with CRC Rule 3.1113(f), requiring a table of contents an...