Excerpt: ...ants also seek an order prohibiting Plaintiff from submitting false statements to this Court or any Court in the future. Legal Standard An attorney or unrepresented party who files a pleading with the court certifies that the pleading has merit “to the best of the person's knowledge, information, and belief, formed after an inquiry reasonable under the circumstances.” (CCP § 128.7(b).) The person certifies that “[t]he allegations and other...

Excerpt: ...e recorded land documents, the court accepts the fact of their existence, not the truth of their contents. (Herrera v. Deutsche Bank Nat'l Trust Co. (2011) 196 Cal.App.4th 1366, 1375.) Plaintiff filed the verified Complaint on December 21, 2021, alleging claims for quiet title, breach of contract, conspiracy to commit fraud, fraud, and declaratory relief. Plaintiff alleges she and her late husband, Abdul Hakim Nasir (who passed away on October 27...

Excerpt: ...ei explained, in pertinent part: "Counsel argued that [the] statu[t]e required an estimate to be provided if the costs were to be split between the parties. There is also a need for a protective order and counsel stated it would be several weeks before the draft would be completed. The Court continued the matter to 05/25/2022 at 9:00 a.m. in this department. Plaintiff is to submit the estimate of costs of noticing the class to defendant and file ...

Excerpt: ... 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 hearing, along with the correct address for Dept. 53/54. 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 notice of motion also doe...

Excerpt: ...nd/or causes of action discussed below will be addressed at the hearing. Counsel are also reminded that pursuant to local rules, only limited oral argument is permitted on law and motion matters. *** Factual Background This action arises from a business dispute relating to the production of metal sheets used a “top skins” for “optical tables” manufactured by Newport, a subsidiary of MKS. Plaintiff Hogan Mfg., Inc. (“Hogan”) commenced ...

Excerpt: ...o constitute a cause of action. Plaintiff opposes the demurrer. Analysis Demurrer for Uncertainty “A special demurrer for uncertainty is not intended to reach the failure to incorporate sufficient facts in the pleading, but is directed at the uncertainty existing in the allegations actually made.” (People v. Lim (1941) 18 Cal.2d 872, 883 [118 P.2d 472].) “Such a demurrer should not be sustained where the allegations of the complaint are suf...

Excerpt: ...this action until July 15, 2022, due to Mr. Leal's ongoing recovery and related complications resulting from a stroke. Defendant previously filed a motion to stay on similar grounds on October 20, 2021. (ROA 99.) At the time, Mr. Leal was residing at a rehabilitation center. The Court continued the hearing on that motion to permit Defendants to submit a supplemental declaration from a person at the center. On January 18, 2022, the Court (Judge Sh...

Excerpt: ...ically, call (833) 568‐8864 and enter the Zoom ID: 16146506749. Defendants State of California (the "State"), Governor Gavin Newsom ("Newsom"), and California Department of Corrections and Rehabilitation's ("CDCR") (collectively, "Defendants") demurrer to plaintiffs Paul Christopher ("Paul") and Carrea Christopher's ("Carrea") (collectively, "Plaintiffs") First Amended Complaint is SUSTAINED without leave to amend. Plaintiffs have filed a reque...

Excerpt: ...f moving defendants' seven (7) Undisputed Material Facts, which of plaintiff's own 14 Additional Material Facts, and/or which of the parties' 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. *** Moving counsel failed to comply with CRC Rule 3.1350(b) and (h), requiri...

Excerpt: ...t Guardian Estate Investments, LLC's (“Guardian”) motion for an order compelling plaintiffs David Stewart (“Stewart”), Decision Detective Corporation (“Decision Detective”), and the D & H Stewart Family Limited Partnership (“Stewart FLP”) (collectively, “Plaintiffs”) to provide further, code‐compliant responses to Guardian's Requests for Production, Set One, and to compel compliance with Plaintiffs' stated agreement to produ...

Excerpt: ...310 and 2031.320 provide authority for two different motions, the former to compel further code‐compliant responses and the latter to compel the production of documents a party agrees to produce. Here, the notice of motion indicates the motion is brought pursuant to Code of Civ. Proc. § 2031.310. However, the actual relief requested for the RFPs at issue is for the production of documents in compliance with GM's supplemental responses. Further...

Excerpt: ...is action as the successors‐in‐interest to Nykolaus Woodward (the “Decedent”). (See Complaint). The Complaint alleges causes of action for wrongful death and a survival action pursuant to Code of Civ. Proc. § 337.30. (See Complaint.) Defendants operate a drinking establishment named Folsom State Slickers. (Complaint, ¶ 8.) According to the allegations, Defendants allow known drug dealers to enter the premises and allow money to be excha...

Excerpt: .../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. The Court notes that while IRS filed a Notice of Motion to Strike on 4/25/2022, no corresponding memorandum of points & authorities or declaration was filed on or after that date. Instead, accordi...

Excerpt: ...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) 119 Cal. App. 4th 690, 694), all evidence submitted in sup...

Excerpt: ...n and Suites in Sacramento, California. On October 25, 2018, Plaintiff and Mr. Bolden checked into the hotel. After checking in to the hotel, Plaintiff and Mr. Bolden decided to go have an early dinner. Upon returning to the hotel, Plaintiff and Mr. Bolden found the hotel's entire parking lot, including all disabled parking spots, was cordoned off and blocked with tape and metal garbage cans. Plaintiff complained to agents of Defendants working a...

Excerpt: .... However, the second demurrer heading states “Demurrer to the Third Cause of Action for Intentional Misrepresentation in Plaintiff's TAC.” However, the intentional misrepresentation cause of action is the fourth cause of action in the TAC. The Court will reach the merits of the demurrer to the fourth cause of action despite the deficient notice because Plaintiff filed a substantive opposition addressing the sufficiency of the fourth cause of...

Excerpt: ...t James Hoblitzell IV, for the purchase of a Mini Mart. In September 2001, Defendant demanded that Plaintiffs sign a Promissory Note and Deed of Trust to secure monthly payments for the purchase. Plaintiffs allege Defendant threatened and coerced them to sign the Promissory Note and Deed of Trust. In March 2005, Defendant caused a Notice of Default to be recorded and began foreclosure proceedings. Plaintiffs initiated litigation against Defendant...

Excerpt: ...nts' objection to paragraph 13 of Christopher Stephenson, M.D.'s (“Dr. Stephenson”) declaration is overruled to the extent that the opinions of other Board Certified psychiatrists are among the types of information an expert may reasonably rely upon in forming their own opinion regarding the appropriate standard of care. (Evid. Code § 801(b).) This action arises from a motor vehicle accident. (See Complaint.) Mrs. Knight and Plaintiff Brian ...

Excerpt: ...le to contact counsel for opposing party prior to hearing, counsel for moving party shall be available at the hearing, in person or by telephone, in the event opposing party appears without following the procedures set forth in Local Rule 1.06(B). Plaintiff Yolanda Harper's (“Plaintiff”) motion to compel further responses from Defendant Snider Motors, Inc. to Form Interrogatories, Set One and request for monetary sanctions is ruled upon as fo...

Excerpt: ...ative ruling to Plaintiff Brian Spears within 48 hours. The litigation coordinator is directed to have Mr. Spears available at oral argument on May 26, 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 John Anderson's (“Anderson”) motion to dismiss for failure to bring to trial is GRANTED. Anders...

Excerpt: ...n with Defendant's selection to purchase Plaintiff's membership interest is GRANTED as follows. This action arises out of plaintiff Victoria J. Straine's (“Plaintiff”) claims related to the formation and management of EVS with Defendant, her brother. Plaintiff's and Defendant's father passed away in 2012, dividing his estate equally between Plaintiff and Defendant. After the assets were divided, the estate was left with approximately $4,000,0...

Excerpt: ...tice Defendants' request for judicial notice of the Memorandum of Understanding between DGS and JRC (the “MOU”) and the California Department of General Services' Notice of Determination (“NOD”) of an environmental impact report is granted. Although the court may take judicial notice of the existence of these documents, it cannot take judicial notice of the truth of the contents of those documents or consider the parties' interpretation o...

Excerpt: ...ated it would be several weeks before the draft would be completed. The Court continued the matter to 05/25/2022 at 9:00 a.m. in this department. Plaintiff is to submit the estimate of costs of noticing the class to defendant and file the estimate with the court. Counsel shall also prepare a protective order for signature, as it needs to be in place prior to the class notice being mailed out. There will be no further briefing allowed except on th...

Excerpt: ...l cannabis cultivation by tenants. Plaintiff alleges City manipulates ordinances to impose strict liability on landlords and used an “unknowing” landlord standard to force settlements all the while ignore provisions of the Health & Safety Code prohibiting the imposition of penalties on unknowing landlords. Plaintiff also contends the City selectively targeted certain ethnic groups, specifically those of Asian descent and conducted sham admini...

Excerpt: ...drix Moreno Montecastro within 48 hours of receiving it. The hearing date shall automatically be continued to June 2, 2022, at 9:00 a.m. in this Department for oral argument. The continuance date is an appearance required hearing so no party needs to request oral argument. The litigation coordinator shall make Mr. Montecastro available by Zoom to participate in oral argument at 9:00 a.m. on the continued hearing date. Department 54's Zoom ID is: ...

Excerpt: ...f plaintiff Gregory Ross' (“Plaintiff”) fractured neck and spinal cord injury, resulting in paralysis and mental and physical incapacity. Defendant moves for summary judgment on the ground Plaintiff cannot establish breach of the applicable standard of care and Defendant did not cause or contribute to Plaintiff's claimed injuries. In evaluating a motion for summary judgment the court engages in a three step process. First, the Court identifie...

Excerpt: ...nst Starwood, Hines and Thyssenkrupp Elevator Corporation (“TEC”). The action arises from an incident when Plaintiff Anita Zanartu alleges she became stuck in an elevator at the property located at 400 Capitol Mall in Sacramento. Plaintiff alleged Starwood owns the subject property and that the Defendants were negligent in creating a dangerous condition. Starwood and Hines filed a cross‐complaint against TEC alleging causes of action includ...

Excerpt: ...ly two court days prior to the hearing. As seen from the moving papers, after a number of extensions, Defendant's responses were due on January 18, 2022. No responses were served until March 23, 2022. The responses were not verified and also contained objections which had been waived due their untimeliness. (CCP § 2030.290(a).) “Unsworn responses are tantamount to no responses at all.” (Appleton v. Superior Court (1988) 206 Cal.App.3d 632, 6...

Excerpt: ...“[s]trike out any irrelevant, false, or improper matter inserted in any pleading” as well as “all or part of any pleading not drawn or filed in conformity with the laws of this state.” (CCP § 436, subds. (a) and (b).) Motions to strike are disfavored. Courts considering such motions must presume the allegations contained therein are true and must consider those allegations in context. (Clauson v Superior Court (1998) 67 Cal.App.4th 1253,...

Excerpt: ...rom Folsom Lake Honda. Plaintiffs allege they received written warranties and express and implied warranties from Defendant in connection with the lease of the Vehicle and that the complaint arises from the warranty obligations. (Comp. ¶ 4.) Plaintiffs alleges they delivered the Vehicle to an authorized service and repair facility on numerous occasions for defects in the Vehicle, including defects related to a “Sensing Defect” which causes w...

Excerpt: ...y 13, 2018. The operative Second Amended Complaint (“2AC”), filed on April 15, 2019, alleges the following four causes of action against FMC and other defendants: (1) negligence, (2) trespass, (3) nuisance, and (4) strict liability ‐ ultrahazardous activity. Plaintiffs allege in or around March or April of 2017, defendant Alpine Helicopter Service, Inc. (“Alpine”) aerially applied a mixture of herbicides, including Shark EW manufactured...

Excerpt: ...serts causes of action for breach of contract, account stated, and open book account. Plaintiff filed the Complaint on September 19, 2019. After receiving leave to amend, Plaintiff filed the operative First Amended Complaint (“1AC”) on September 1, 2020. (ROA 18.) Defendant filed a general denial to both the Complaint and 1AC. (ROAs 7, 22.) Defendant moves to compel arbitration pursuant to the Cardmember Agreement, which contains a provision ...

Excerpt: ... while Plaintiff was attending his pre‐school program. The operative pleading alleges that Plaintiff was sexually assaulted and molested at his pre ‐school program by Mr. Christian Turks, who was a teacher's aide employed by Defendant. Plaintiff alleges that Defendant CDI controlled and operated this preschool program (Raymond Case Child Development Center) where Plaintiff was molested and Defendant CDI negligently hired, retained and supervi...

Excerpt: ...nd opposing counsel at the time of the request which of moving defendants' 101 Undisputed Material Facts, which of opposing plaintiff's 134 Additional Material Facts, and/or which of moving defendants' 109 objections to evidence will be addressed at 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...

Excerpt: ... that will be addressed at the hearing. Counsel are also reminded that pursuant to local rules, only limited oral argument is permitted on law and motion matters. *** Neither the White Declaration in opposition nor the Zhang Declaration in reply was not considered because such “extrinsic evidence” is beyond the limited scope of what this Court may properly consider in connection with this demurrer: Those facts properly alleged in the challeng...

Excerpt: ...counsel for opposing party prior to hearing, counsel for moving party shall be available at the hearing, in person or by telephone, in the event opposing party appears without following the procedures set forth in Local Rule 1.06(B). Defendant Otis Elevator Company's ("Defendant") unopposed motion to dismiss the action pursuant to Code of Civil Procedure section 583.310 for failure to bring the action to trial within five years is GRANTED. “[A]...

Excerpt: ...f a motor vehicle accident that occurred on November 16, 2016. Plaintiff Sharon Hawkins (“Plaintiff”) filed her Complaint on November 16, 2018. Defendant has not been served with the Summons and Complaint and now moves to dismiss the action under Code of Civil Procedure section 583.210, subdivision (a). That subdivision provides: "[T]he summons and complaint shall be served upon a defendant within three years after the action is commenced aga...

Excerpt: ...ounsel of Local Rule 1.06 and the Court's tentative ruling procedure and the manner to request a hearing. Moving counsel is also ordered to appear at the hearing in the event opposing party appears without following the procedures set forth in Local Rule 1.06 (B). Background Plaintiffs John Davis (“Davis”), The Parsonage, LLC, Data International, Inc., Primo Acquisitions I, LLC, and Maggie Funding, LLC (collectively, “Plaintiffs”) filed t...

Excerpt: ...orrect department for the hearing of this motion, the correct address for Dept. 53/54, 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 party is ordered to appear at the hearing. In this action, Plaintiff alleges that he experienced discrimination while shopping in various stores: Home Depot, 99 Cent Only Stores, and Wal �...

Excerpt: ...ara Xavier's residency at a skilled nursing facility. Plaintiff/Decedent's daughter, Plaintiff Pauline McFadden, brings claims individually and as Ms. Xavier's successor‐in‐interest. Defendants contend that Ms. Xavier's claims are subject to binding arbitration because Ms. Xavier signed an arbitration agreement on May 29, 2021 and agreed that “any dispute as to medical malpractice, that is as to whether any medical services rendered under t...

Excerpt: ...ide notice of the Court's tentative ruling system, as required by Local Rule 1.06. (See Local Rule 1.06(D).) Moving counsel is directed to contact opposing counsel and advise them of Local Rule 1.06 and the Court's tentative ruling procedure and the manner to request a hearing. Moving counsel is also ordered to be available at the hearing in the event opposing counsel appears without following the procedures set forth in Local Rule 1.06(B). Gover...

Excerpt: ...7753 Detroit Boulevard, Sacramento, California. According to the motion, after nine months of payments by unknown parties, SMUD discovered that the subject property's service meter was bypassed, the home was being used as a marijuana grow house, and an estimated $3,000 of electricity per month was misappropriated. Defendant initially represented himself and contends his identity was misappropriated. This matter initially went to a bench trial in ...

Excerpt: ...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 John Anderson's (“Anderson”) motion to dismiss for failure to bring to trial is GRANTED. Anderson and Plaintiff's separate requests for judicial notice are unopposed and granted in their entirety. CCP § 583.310 provides in its entirety: “An action shal...

Excerpt: ...tiff Pamela Palmieri (“Palmieri”) alleges that she represented Plaintiff Gilliland in a foreclosure related matter. Palmieri alleges she had a contingency fee agreement allowing for a percentage of the gross recovery and also provided her a charging lien for any sums owing for unpaid fees and costs. The Second Amended Complaint (“SAC”) alleges Palmieri associated with Defendants in 2016 and recommended that Gilliland follow her. The SAC a...

Excerpt: ...aring, counsel for moving party shall be available at the hearing, in person or by telephone, in the event opposing party appears without following the procedures set forth in Local Rule 1.06(B). Plaintiff Kelly Jones' (“Plaintiff”) motion for attorneys fees is ruled upon as follows. This is a lemon law action that arises out of Plaintiff's purchase of a 2018 Jeep Renegade. After early settlement attempts were unsuccessful, on December 8, 202...

Excerpt: ...ng to PAUL CHRISTOPHER 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 CHRISTOPHER need not request oral argument. The Litigation Coordinator shall make PAUL CHRISTOPHER available, by Zoom telephonically, at 9:00 a.m. on the date of the continued hearing date, which will be May 31, 2022,...

Excerpt: ...amilybased dispute between Plaintiffs Muhammad Younas Malid and Nazia Jabeen Iqbal and Ms. Iqbal's siblings, Shazia Jabeen, Moshan Iqbal, and Ashan Iqbal. The disputes between the siblings regarding their father, Zafar Iqbal, and his care and property have been ongoing for over six years in both this Court and the Yolo County Superior Court. In 2019, Defendants represented Shazia Jabeen in an already‐filed Petitioner for Conservatorship over th...

Excerpt: ...Law Group PC's untimely opposition filed and served on May 9, 2022, only seven court days before the hearing. The Court denied as unnecessary Plaintiffs' ex parte request to continue this hearing so that their opposition may be considered. Defendants were able to file a complete reply, albeit one day late which is of course excused due to the late opposition. Given that Defendants were able to file a meaningful reply, the Court shall address the ...

Excerpt: ... on today's calendar by way of the Court's April 22, 2022 ex parte order. In his 186 page first amended complaint (“FAC”) containing 709 paragraphs, Plaintiff alleges claims of employment discrimination under the Fair Employment and Housing Act, Government Code, Labor Code and the California Constitution arising out of his employment with defendant. In addition, the FAC alleges a twelfth cause of action for defamation against CDT and 19 forme...

Excerpt: ...rs. Plaintiff alleges that Marshall transferred interest of the real and personal property to her. Relying on Defendant's alleged representations, Plaintiff undertook modifications and improvements to the property with Defendant's knowledge. Thereafter, Defendant and co‐owner Kim Gavin Marshall demanded Plaintiff and her daughters vacate the property and instituted an unlawful detainer action. Plaintiff filed this action on January 6, 2022, all...