Excerpt: ... § 425.16. (ROA 205.) A formal judgment was entered in Defendants favor on October 19, 2022. (ROA 231.) The judgment indicates attorney fees and costs shall be separately sought. (ROA 231.) On August 26, 2022, Defendants filed the instant motion seeking an award of attorney's fees in the amount of $50,982.50 for 131.5 hours of work and costs in the amount of $1,935.18. Plaintiff opposes the motion. In sum, Plaintiff argues the fees should not be...

Excerpt: ...�). In filing that petition, SCA also moved to seal essentially the entire petition and accompanying exhibits, which constituted thousands of pages. Sutter opposed the motion to seal in part and also filed an opposition to the petition to vacate with a narrower motion to seal portions of the opposition. Sutter also filed its own petition to confirm the award. As a result of the parties' dispute over the breadth of the proposed sealing of the resp...

Excerpt: ...sault and intentional infliction of emotional distress. Plaintiff David Zelnick, individual, and as trustee of the David D. Zelnik Trust dated June 12, 2013 alleges that he and Defendants own neighboring properties (“Properties”). (FAC, ¶P 7‐8.) The Properties are located in a common interest development commonly referred to as the Oaks at Carmichael (“the Oaks”). Both Properties are rentals. (Id.) Plaintiff alleges that Defendants ins...

Excerpt: ...roperty at a tax auction. The operative pleading is the verified Second Amended Complaint (“SAC”). The SAC indicates the subject property was previously owned by Nicholas Galabov. Prior to July 27, 2009, the City of Sacramento assessed fees for code enforcement totaling $8,945.23. (SAC, ¶ 7.) The SAC alleges the full amount of the fees were credited on February 22, 2016 and are no longer due. (SAC, ¶ 7.) As of August 31, 2016, there was a l...

Excerpt: ...lleged the following causes of action: (1) negligence, (2) negligent supervision/training/hiring/retention, (3) sexual battery, (4) assault, and (5) violation of civil rights under various provisions of the Civil Code. Plaintiffs' claims arise out of alleged sexual abuse that occurred in approximately 1988‐1990 when Plaintiffs were minors. (Complaint, ¶¶ 7‐ 11.) Plaintiffs are all now over 40‐years‐old. (Ibid.) The complaint identifies ...

Excerpt: ...r the Court ordered the FAC be filed. (See ROA 19.) However, the Court exercises its discretion to accept the late filing. (See Harlan v. Department of Transp. (2005) 132 Cal.App.4th 868, 874.) The FAC includes the following three causes of action: (1) quiet title, (2) breach of contract, and (3) declaratory relief. The declaratory relief cause of action is labeled as the “fifth cause of action.” Plaintiff alleges that she and her late husban...

Excerpt: ... owned by Defendant. (See Complaint.) Plaintiff alleges she visited Defendant's dealership to pick up her vehicle that had been serviced and repaired. (Id., ¶ 9.) Plaintiff was browsing used vehicles while waiting when she was approached by Defendant's salesperson who identified himself as “Jasper.” (Id., ¶ 10.) Jasper pressured Plaintiff into test driving a vehicle. (Id ., ¶ 11.) The test drive began with Jasper driving, at which time he ...

Excerpt: ... is ruled upon as follows. Defendants' request for judicial notice is granted. In taking judicial notice of court filings, the Court accepts the fact of their existence, not the truth of their contents. ( Professional Engineers v. Dep't of Transp. (1997) 15 Cal.4th 543, 590 [judicial notice of findings of fact does not mean that those findings of fact are true]; Sosinsky v. Grant (1992) 6 Cal.App.4th 1548, 1566.) Background and Allegations in the...

Excerpt: ... a.m. to participate in oral argument. To appear on Zoom telephonically, call (833) 568‐8864 and enter the Zoom ID: 16146506749. Defendant Sacramento County's (erroneously sued as Sacramento City and County) (“Defendant”) demurrer to incarcerated plaintiff in pro per Theodore Benjamin Vaden's (“Plaintiff”) Complaint is UNOPPOSED and SUSTAINED with leave to amend. Plaintiff filed his personal injury form complaint on November 29, 2021. T...

Excerpt: ...) inducing breach of contract; (2) intentional interference with contractual relations; (3) intentional interference with prospective economic relations; (4) negligent interference with prospective economic relations; (5) conversion; (6) violation of Business & Professions Code § 17200; and (7) unjust enrichment. The causes of action were premised on allegations that Defendants sent demand letters to Plaintiffs, sent document requests to Plainti...

Excerpt: ...erst, are also overruled. Background This is a personal injury/wrongful death case stemming from a car accident that occurred on May 24, 2006. Plaintiff Phoenix Kaplow (“Plaintiff”) was a passenger in a vehicle along with his mother, Chelsea Wood (“Decedent”). Plaintiff suffered physical injuries while Decedent died as a result of the accident. The vehicle involved was a 2005 Honda Civic owned by Defendant Latisha Custer (“Ms. Custer”...

Excerpt: ... and is GRANTED. Plaintiff, an incarcerated person proceeding in pro per, filed his Complaint alleging a sole cause of action for a preliminary injunction relating to his Public Records Act (“PRA”) request from Defendants. According to the moving papers (P&As at 2), Plaintiff Brian Adams (“Plaintiff”), a California state prison inmate, alleges defendants J. Shaffer and the Board of Parole Hearings violated the California Public Records Ac...

Excerpt: ... ended while occupying a 2002 Oldsmobile owned by their son, Michael Crawford, and daughter‐inlaw, Sara Crawford. At the time of the collision, Michael and Sara resided in the same household as Petitioner. Petitioner and her late husband maintained auto insurance, including underinsured motorist (UIM”) coverage, through Respondent CSAA (“Respondent”). The Oldsmobile was insured through Geico, who is not a party to this matter. Petitioner ...

Excerpt: ...ntain a heater on the property rented to Plaintiff by Defendants, which led to Plaintiff's carbon monoxide poisoning. Plaintiff claims to have suffered an irreversible brain injury and to have received extensive psychiatric treatment as a result of Defendants' conduct. Plaintiff's mental condition is at issue in this litigation. (CCP § 2032.020(a).) During the course of discovery, Plaintiff voluntarily submitted to two examinations: the first an...

Excerpt: ...ispute presented on this motion is whether a party is required to respond to discovery that is accompanied by a proof of service indicating service was defective when the propounding party subsequently provides an amended proof of service that clarifies the original service was proper. On February 10, 2022, Defendant served “all the discovery requests to Plaintiff” via mail and email. (Du Decl., ¶ 1.) The discovery was properly served by a n...

Excerpt: ...n matters. *** Plaintiff has indicated the incorrect address in its notice of motion. The correct address for Department 54 of the Sacramento County Superior Court is 813 6th Street, Sacramento, California 95814. Plaintiff's counsel shall notify Defendant's counsel of the correct address immediately. The 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 c...

Excerpt: ...��Lead Case”) and In the Matter of: The Faith Faraci Revocable Living Trust, Case No. 34‐2020‐00283199 (the “Trust Action”). Plaintiff commenced the Lead Case by filing a complaint on June 2, 2020. The operative pleading in the Lead Case, the FAC was filed on August 26, 2020. (ROA 16.) The FAC identifies Mary Ann's Baking Co., Inc., Alfredo Moreno, George Demas and Faith Faraci as named defendants. (See FAC.) Defendant filed an answer o...

Excerpt: ...ter was argued and submitted. The Court continued the matter to today's date to permit Summer Palace to file a sur‐ reply by October 21, 2022, and plaintiffs E & A Monroy Holdings LLC (“E & A”) and SAI Supermarkets, Inc. dba Del Valle Supermarket (“Del Valle”) (collectively, “Plaintiffs”) to file a response by October 28, 2022. Having received Summer Palace's sur‐reply and Plaintiffs' response, the Court now rules as follows. Obje...

Excerpt: ...manner to request a hearing. If moving counsel is unable to contact Defendants prior to hearing, moving counsel is ordered to appear at the hearing. Factual and Procedural Background Plaintiffs are cellular telephone consumers who have filed three actions regarding the sales tax reimbursement paid pursuant to sales tax Regulation 1585 when they purchased cellular phones at a discounted price in a bundled sale. “Sales tax reimbursement” is the...

Excerpt: ...186, 188, 190, 192, 194, 196, 198, 250, 252, 254, 256, 258, 260, 262, 264, 266, 268, 270, 272, 274, 338, 340, 342, 344, 346, 348, 350, 352, 354, 358, 401, 402 and 403 is ruled upon as follows. This action arises from an Agreement for Purchase of Recycleables pursuant to which the City sells recycleable materials to USA Waste for resale into the recycling commodities market. USA Waste filed its Complaint on October 16, 2020, alleging claims for: (...

Excerpt: ...ED. This action arises out of a two‐vehicle accident that occurred on February 18, 2020, on SR‐70 to Olivehurst Avenue in an unincorporated part of Yuba County, California. The accident occurred between vehicles driven by plaintiff Allie Christine Vargas (“Ms. Vargas”) and Mr. Fernandez, which was immediately following an alleged “road rage” incident between Mr. Fernandez and Mr. Johnson. The Traffic Collision Report concludes the col...

Excerpt: ... motion to compel Plaintiff to serve verified responses, without objections, to Defendant's Form Interrogatories (Set One), Special Interrogatories (Set One), and Request for Production of Documents (Set One), to deem matters admitted, and for monetary sanctions. (ROA 30.) Plaintiff was ordered to serve responses by June 22, 2022, and to pay sanctions in the amount of $235 no later than July 8, 2022. As of the date of filing this motion, Plaintif...

Excerpt: ... Cross‐Complainants are ordered to notify CrossDefendants immediately of the tentative ruling system and the manner to request a hearing. If Cross‐ Complainants are unable to contact Cross‐Defendants prior to hearing, Cross‐Complainants are ordered to appear at the hearing. Cross‐Complainants request for judicial notice is granted. Factual and Procedural Background This action concerns the management, operations, and control over Nivano...

Excerpt: ...5814. Defendants Michael Egan and Silver Lining Properties (“SLP”) (collectively, “Defendants”) request for judicial notice is granted. Plaintiff filed this action on November 17, 2016, alleging 15 causes of action. The operative First Amended Complaint was filed on December 6, 2018, and alleges the following four causes of action: (1) financial elder abuse; (2) violation of California Business and Professions Code § 17200 et seq.; (3) f...

Excerpt: ...ry 27, 2022, the Court granted Plaintiff's unopposed motion to deem matters admitted. (ROA 12.) Plaintiff now moves for judgment on the pleadings based on these admissions. Specifically, that Defendant admits he applied for a credit card account with Plaintiff, he received the Customer Agreement when he received the credit card, the Customer Agreement provided that by using the credit card he agreed to bound by the terms therein, he received the ...