Excerpt: ...�) is UNOPPOSED and DENIED without prejudice for lack of proper notice. Plaintiff's Application for Writ of Possession of the Collateral, as against Defendant Satpal Singh Brar (“Defendant Brar”) is UNOPPOSED AND GRANTED, provided that proof of service to Defendant Brar demonstrating compliance with the service requirements of Code of Civil Procedure sections 512.030 and 1005 are filed prior to the time of the hearing. If such proof of servic...

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: ... SIA is obligated to defend and indemnify school districts for covered losses. SIA enters reinsurance contracts with third parties to cover losses. SIA has reinsurance contracts with respondents General Reinsurance Corporation (“GRC”) and Great American Insurance Co. (“GAIC”). Both contracts contain arbitration provisions requiring arbitration of disputes over coverage, losses, or payments. (Exh. A at Art. XVIII; Exh. B at Art. 15(A).) SI...

Excerpt: ...cal treatment. Plaintiff also alleges causes of action against Defendant Sacramento Colon & Rectal Surgery Medical Group, Inc. for negligent hiring, supervision, retention, sexual harassment and professional negligence. Plaintiff also alleges a cause of action against Defendant's wife for fraudulent transaction. On March 3, 2022, this Court granted, in part, Defendant's motion to stay on the basis that he was the subject of a criminal investigati...

Excerpt: ...nrelated claim in her account with Defendant. (See Complaint, ¶¶ 10‐23.) Plaintiff's complaint asserts a total of nine causes of action including civil rights violations, unfair competition, defamation, and negligent hiring. Plaintiff served Defendant with the subject Requests for Production of Documents, Set One on April 14, 2022. Defendant served its initial responses on June 10, 2022. Plaintiff's counsel sent a meet and confer letter on Ju...

Excerpt: ...equires that each paper exhibit 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 exhibit designation. Failure to comply with this rule makes it cumbersome for the Court to review the corresponding exhibits and evidence. The Court does not consider Defendants' “rebuttal and supporting evidence” to White's responses to Defendants' UMFs. The summary judgment statute does...

Excerpt: ...lectively, “Defendants”) demurrer to Plaintiff in pro per Larry Redic's (“Plaintiff”) complaint is ruled upon as follows. Defendants' request for judicial notice of Executive Order N‐ 33‐20 is granted. The Court declines to take judicial notice that the Order “does not establish specific COVID ‐19 safety protocols for California's prisons.” (See, Def.'s RJN at 1:26‐27.) The Court notes that Plaintiff filed an opposition on Aug...

Excerpt: ... time as the answer to the complaint. (Code Civ. Proc. § 428.50.) If the defendant's causes of action against the plaintiff are related to the causes of action asserted in the complaint, the cross‐complaint is compulsory and the failure to file the cross‐ complaint or to include related causes of action bars the defendant from asserting the related causes of action in any other action. (Code Civ. Proc. § 426.10.) However, if a defendant fai...

Excerpt: ...“2AC”) is ruled upon as follows. Defendants' request for judicial notice is granted. This action arises from Plaintiff's former employment with Defendants. Plaintiff alleges she was employed by Defendants since 1987 until she was forced to resign in May of 2019. (2AC ¶ 8.) Two months later, on July 1, 2019, Plaintiff filed a verified complaint with the Department of Fair Employment and Housing (“DFEH”), and on the same day she received a...

Excerpt: ...plaint for Refund of Property Taxes on December 7, 2020. After the Court granted Plaintiff's motion for leave to file a First Amended Complaint (“1AC”) on January 26, 2022, Plaintiff filed the operative 1AC on January 26, 2022. (ROAs 40, 41.) Defendant filed its Answer to the 1AC on February 25, 2022, asserting three affirmative defenses. (ROA 43.) Defendant's first affirmative defense states “[t]he first amended complaint and each and ever...

Excerpt: ..., Amazon requests a broader protective order that seeks to limit potential future discovery disputes by enabling parties to identify documents produced and deposition testimony obtained during discovery as “Confidential” or “Attorneys' Eyes Only”, restricting the use and disclosure of the discovered information to third parties. If a party challenges whether certain documents are marked as confidential and the parties are unable to resolv...

Excerpt: ... breach of contract, and four causes of action for common counts based on theories of money lent, money paid, open book account, and account stated. Plaintiff requests summary judgment in Plaintiff's favor and against Defendant in the amount of $6,547.06, plus costs in the amount of $800. Defendant does not oppose the motion. In evaluating a motion for summary judgment or summary adjudication the Court engages in a three‐step process. First, th...

Excerpt: ...orm Interrogatories and Requests for Production by October 5, 2021. (RJN, Exh. E; ROA 30‐31.) As the motion was unopposed, no sanctions were awarded. (Ibid.) On June 16, 2022, Plaintiff filed a prior motion for terminating sanctions on grounds Singh failed to comply with the order to provide discovery responses. (Sandoval Decl., ¶¶ 9‐13.) The Court denied the motion based on a finding that the drastic remedy of terminating sanctions was ina...

Excerpt: ...of California (“Board”) and the Order to Show Cause (“OSC”) is granted. The Board “is tasked with protecting the public against incompetent, impaired and negligent physicians.” (Grafilo v. Cohanshohet (“Cohanshohet”) (2019) 32 Cal.App.5th 428, 435.) “To accomplish this task, the Board is authorized to investigate complaints from the public that a physician may be guilty of unprofessional conduct.” (Ibid; Bus. & Prof. Code § 2...

Excerpt: ...les 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 that pursuant to local rules, only limited oral argument is permitted on law and motion matters. *** In this Lemon Law action plaintiff alleges that her 2010 Dodge Charger suffers from widespread def...

Excerpt: ...d opposing counsel are advised that the caption on the original complaint is the caption which should appear on all subsequent court filings and this caption ordinarily does not change even with the subsequent addition or dismissal of parties. Factual Background This action was commenced on 4/23/2021 by plaintiffs Gomez and Sandoval, husband and wife, seeking damages for personal injuries allegedly sustained while entering a vehicle operated by a...

Excerpt: ... Cathy Looc (“Plaintiff”) is GRANTED. Moving Defendants have indicated the incorrect address in the notice of motion. The correct address for Department 54 of the Sacramento County Superior Court is 813 6th Street, Sacramento, California 95814. Plaintiff filed this personal injury action on January 8, 2021, against Moving Defendants and defendant Lai alleging claims of general negligence and premises liability arising out of a dog bite/attack...

Excerpt: ...y and discovery responses) as these items constitute “extrinsic evidence” which is outside the permissible scope of a demurrer, where the Court's consideration is limited to the allegations of the challenged pleading and those facts for which judicial notice is both requested and granted. For the same reason, the Court also did not consider the Martucci Declaration in Reply. The Court reminds both moving and opposing counsel that Code of Civi...

Excerpt: ...mended Complaint (“2AC”) is ruled upon as follows. Defendants' request for judicial notice is granted. This action arises from Plaintiff's former employment with Defendants. Plaintiff alleges she was employed by Defendants since 1987 until she was forced to resign in May of 2019. (2AC ¶ 8.) Two months later, on July 1, 2019, Plaintiff filed a verified complaint with the Department of Fair Employment and Housing (“DFEH”), and on the same ...

Excerpt: ...oreno within 48 hours of receiving it. The hearing date shall automatically be continued one week plus one court day for oral argument. The continuance date will always be an appearance required hearing so that Paul Anthony Moreno need not request oral argument. The Litigation Coordinator shall make Paul Anthony Moreno available, by Zoom telephonically, at 9:00 a.m. on the date of the continued hearing date, which will be November 29, 2022, to pa...

Excerpt: ...22. (ROA 1.) The action apparently arises out of an alleged insurance policy issued to Plaintiff pertaining to a structure on Plaintiff's property. The structure was later damaged by fire. Plaintiff alleges that he submitted a claim to WMIC, but WMIC delayed paying benefits on the claim. Plaintiff alleges claims for breach of contract and breach of the implied covenant of good faith and fair dealing. The evidence submitted by Defendant establishe...

Excerpt: ...ition there is no proof of service of the opposition and it not clear whether Respondent even served the opposition. In this matter relating to a pending administrative investigation, Petitioner seeks to seal an exhibit in support of Petitioner's pending petition to compel compliance with an investigational subpoena. The petition is set to be heard on November 22, 2022. The subject exhibit is Exhibit 2 to the petition. According to Petitioner, th...

Excerpt: ...action against Rebecca for (1) “Undue Influence; Declaratory Relief‐Invalidate Durable Power of Attorney; (2) Constructive Trust; (3) Financial Elder Abuse; and (4) Breach of Fiduciary Duty. In their answer Defendants asserted each cause of action was barred by the statute of limitations. Plaintiff alleges that she, Rebecca and Deborah Conder are the Decedent's daughters. The Decedent passed away on October 29, 2016. Plaintiff alleges Rebecca...

Excerpt: ... plus interest on the unpaid loan amount. The agreement further provided that Defendant would make minimum payments in accordance with an agreed‐upon payment schedule. The agreement further memorialized Defendant's understanding that he would be in default if, among other things, he failed to make a payment when it was due or failed to comply with any term or condition of the loan agreement. On January 22, 2021, Defendant breached the terms of ...

Excerpt: ...e established rules and regulations of the mobilehome park. Specifically, the petition for injunctive relief alleges causes action against Respondents pursuant to Civil Code section 798.88 of the Mobilehome Residency Law (MRL), which provides that park management may enjoin any person violating a reasonable rule or regulation of a mobilehome park from such violation. “If the court, by clear and convincing evidence, finds the existence of a cont...