Excerpt: ...g the procedures set forth in Local Rule 1.06(B). Defendants' Samanta and Susan Elazzi's (“Defendants”) motion for summary judgment, or in the alternative, summary adjudication, is ruled upon as follows. I. Overview This is a premises liability/personal injury action. Plaintiff Grace Velasquez's (“Plaintiff”) complaint alleges causes of action for (1) general negligence, and (2) premises liability in connection with her injuries from a tr...

Excerpt: ...his action arises from decedent Theresa Marks' admission and stay with Defendant from September 16, 2020, through September 23, 2020. Plaintiffs filed the Complaint on September 15, 2021, asserting causes of action for: (1) elder abuse/neglect; (2) professional negligence; (3) wrongful death; (4) negligent infliction of emotional distress; and (5) violation of Patient's Rights. The 1AC was filed on February 25, 2022, alleging the same causes of a...

Excerpt: ... 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. The Court notes that the complaint in this action is substantively identical to the complaint filed in Sacramento Superior Court Case No. 2022‐ 00318900 entitled B.W. v. County of San Bernardino, and that the present demurrer and the opposition thereto are lik...

Excerpt: ...hat pursuant to local Court rules, only limited oral argument is permitted on law and motion matters. *** The notice of demurrer does not provide notice of the Court's tentative ruling system, as required by Local Rule 1.06, and does not provide the correct address for Dept. 53/54. 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 hea...

Excerpt: ...ntial amended pleading. Plaintiff/Cross‐Defendant Bank of America, N.A.'s (“BANA”) demurrer to Defendant/Cross‐ Complainant in pro per, Thomas Witte's (“Witte”), First Amended Cross‐ Complaint (“FAXC”) is ruled upon as follows. REQUEST FOR JUDICIAL NOTICE: BANA has filed a Request for Judicial Notice in Support of Its Demurrer to the First Amended Cross‐Complaint (“RJN”). In its RJN, BANA cites to Evidence Code section 452...

Excerpt: ...following five causes of action against CDCR: (1) wrongful discharge in violation of public policy; (2) retaliation in violation of FEHA; (3) failure to prevent and investigate harassment and retaliation in violation of FEHA; (4) retaliation (Labor Code § 1102.5); and (5) intentional infliction of emotional distress. On December 15, 2020, the Court sustained CDCR's demurrer without leave to amend as to the first and fifth causes of action. (ROA ...

Excerpt: ...eges that his disability could have been accommodated by allowing him to wear his sidearm and equipment on a weight‐bearing vest instead of the traditional leather belt. Plaintiff alleges he submitted the request for reasonable accommodation in April 2019. In his discovery responses, Plaintiff indicated he suffered depression, anxiety and emotional distress as a result of the adverse employment actions. He also identified Ms. Williams (a marria...

Excerpt: ...d a 2020 Honda Pilot. Plaintiff alleges that Defendant is a manufacturer and/or distributor under the Act. During the warranty period, the vehicle experienced defects and non‐conformities, including but not limited to, electrical and transmission issues. Plaintiff moves to compel Defendant's further responses to RFP Nos. 37‐43 and 45‐ 46. The parties entered into, and the Court signed, a stipulated protective order on October 21, 2022. RFP ...

Excerpt: ...tion to reopen discovery. The motion was denied to the extent that Defendants sought to reopen nonexpert discovery on Plaintiffs' third cause of action for custodial negligence. The motion was granted to the extent that Defendants sought to reopen nonexpert discovery on the fourth cause of action for constructive fraud. The Court denied Defendants' request to reopen expert discovery without prejudice to filing a motion pursuant to CCP § 2034.610...

Excerpt: ...f Tyrone Adams alleges causes of action against Defendants for conversion, trespass to chattels, and intentional infliction of emotional distress. He appears to allege he was a long‐term guest at a hotel owned by Defendants and that an unknown person broke into his storage locker and stole his property in December 2015. Plaintiff also alleged in the FAC that Defendants previously engaged in conversion against him in 2014 and acknowledged liabil...

Excerpt: ...o compel Magby's deposition, which this Court granted on February 22, 2022. Therein, the Court ordered Magby to appear for deposition no later than May 14, 2022. (ROA 71.) Magby's counsel agreed to a deposition date of March 8, 2022, and Bennett served a Second Amended Notice of Deposition reflecting the agreed‐upon date. On March 8, 2022, however, Magby's counsel again stated that neither he nor Magby would be appearing for the deposition as s...

Excerpt: ... City of Sacramento (“City”) and Brad Wasson's (“Wasson”) (collectively “Defendants”) motion for judgment on the pleadings is ruled upon as follows. I. Overview Plaintiffs Lanette and Bryan Davies (collectively “Plaintiffs”) allege that they are the owners of Canna‐Care, a lawfully operating medicinal marijuana dispensary. (First Amended Complaint (“FAC”), ¶¶ 1‐2.) Plaintiffs allege that defendant Wasson is the Revenue M...

Excerpt: ...ected 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 (“Plaintiff”) motion to appoint counsel is denied. This is an unlimited civil action for damages. Under California law, there is no general right to coun...

Excerpt: ... if the plaintiff has placed his or her mental condition in controversy. (Carpenter v. Superior Court (2006) 141 Cal.App.4th 249, 258‐59.) The motion for a mental examination "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." (Id. at pp. 258‐259, citing Code Civ. Proc. § 2032.310(b)).) "To prot...

Excerpt: ...rellana (hereafter, “Plaintiff”) established prenatal care with Capital OB/GYN on February 15, 2018 and returned at regular intervals for scheduled visits. (Frields Decl., ¶ 4.) On August 2, 2018, Plaintiff was evaluated at Sutter Medical Center for spotting, which resolved. (Id. at ¶ 5.) Plaintiff went into labor on September 22, 2018 and reported to Sutter Medical Center for delivery and was first evaluated by Mark Zheng, M.D. (Id. at ¶ ...

Excerpt: ...nd counsel for all other parties to the underlying action and advise them 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 Respondent and counsel for all other parties prior to hearing, moving counsel is ordered to appear at the hearing by Zoom or by telephone. Moving counsel is admonished for failing to comply with CRC Rule 3.1110(f)(4). Exhibits must be sep...

Excerpt: ...venture. Plaintiff's deposition was originally noticed for September 9, 2021, but was rescheduled several times due to Plaintiff's inadequate responses to Defendants' written discovery. Eventually, Plaintiff sat for his deposition on May 4, 2022. However, after only two hours of testimony, Plaintiff and Plaintiff's counsel abruptly stopped the deposition due to Plaintiff's perception that defense counsel was harassing him with his questions, with...

Excerpt: ...ber 29, 2022 when they filed a petition to vacate contractual arbitration award. Petitioners and Respondent participated in contractual arbitration on March 29‐ 30, 2022. The arbitrator issued her opinion and award on June 23, 2022 and served the award on the parties the same day. In total, on September 29, 2022, Petitioners filed a petition to vacate on a Judicial Council ADR‐106 form (ROA 1), a civil case cover sheet (ROA 2), a summons (ROA...

Excerpt: ...greed to dismiss her cause of action against Defendant. After receiving the settlement proceeds, Plaintiffs' counsel's office mailed a Request for Dismissal to this Court on August 23, 2022. (Schuchhardt Decl., ¶ 6.) The dismissal did not specify that the dismissal was as to Ms. Sanchez Garcia only. (Id. at ¶ 6, Exh. B.) Counsel's office discovered the mistake the following day and contacted the Court that same day. (Id. at ¶ 7.) Counsel was i...

Excerpt: ...ed a 2018 Ford Ecosport (“the Vehicle”) from Defendant in Roseville on July 15, 2019, and Defendant issued express warranties in connection with that transaction. The Vehicle has since exhibited numerous defects and nonconformities covered by the warranties that substantially impair the use, value, and safety of the Vehicle. Plaintiff delivered the Vehicle to Defendant's authorized repair facilities for repairs but Defendant has failed to rep...

Excerpt: ...ion as Wal‐Mart terminated him instead of disciplining the female employee he had reported for sexual harassment, Defendant Shauna Byers. Plaintiff further alleges he was wrongfully terminated on the basis of a physical disability. Lastly Plaintiff alleges FEHA retaliation and failure to prevent harassment, discrimination, and retaliation. Plaintiff Sylvia Buschmann, Stephen's wife, claims loss of consortium. By way of the instant motion, Plain...

Excerpt: ...t Villara Corporation. (ROA 1.) Plaintiffs served Villara on April 16, 2016 at its principal place of business in McClellan, California. Plaintiffs filed their operative pleading, the Second Amended complaint, on December 12, 2016. (ROA 76.) On March 7, 2017, Defendants filed a Petition to Compel Arbitration. (ROA 62.) The Court granted the Petition on April 4, 2017. (ROA 77.) On September 23, 2019, the parties stipulated not to arbitrate the mat...

Excerpt: ...at oral argument on December 13, 2022 at 1:30 pm. Appearance will be by ZOOM. Department 53's 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 Manjula Bobbala's (“Defendant”) demurrer to the complaint is ruled upon as follows. Request For Judicial Notice Defendant's Request for Judicial Notice [“RJN”] of Plaintiff's tort claims and their rejections is ...

Excerpt: ...iff filed a First Amended Complaint (FAC), which identified an address of the alleged incident as 9230 Kiefer Boulevard in Sacramento, California. As to injury, however, the FAC states only as follows: “3. On or about September 7, 2020, Defendant(s) owned, operated managed, maintained, controlled, and/or was/were in possession and control of a residential apartment complex doing business as “The Retreat Apartments” located at 9230 Kiefer Bl...

Excerpt: ...osales' complaint is UNOPPOSED and is ruled upon as follows. Plaintiff in pro per Rosales, an inmate in a California correctional facility, alleges that defendant Bravo sent “an unauthorized wireless device” (a cell phone) found in the possession of another prisoner to the Digital Forensics Team (“DFT”) in order to extract data “wihtout [sic] first obtaining a valid search warrant, pursuant to Penal Code §4576 (e); and negligent in fol...