Excerpt: ...f”) when he was sitting under a large Valley Oak, which caused him to sustain injuries and rendered him a paraplegic. Defendant and Cross‐Complainant Cosumnes Community Services District (“CCSD”) has filed a first‐amended cross‐ complaint ("FAXC") against the organizer of the event, Defendant Rebecca Gordon, individually and dba Flash Race and Event Management (“Gordon”). The FAXC asserts causes of action for indemnification, appo...

Excerpt: ...w displaying their name and address with return address information that contained the phrase “Prenatal Screening Program.” Plaintiff alleges Defendant disclosed in a common manner Plaintiff's and class members' sensitive and private personal medical information regarding their pregnancy. Plaintiff filed her complaint on July 16, 2019. Plaintiff's First Amended Class Action Complaint asserts the following two causes of action: (1) violation o...

Excerpt: ...nings acted as the sellers' agent, under the direct supervision of Purplebricks, her broker. Plaintiff alleges that the inspections reported that was nothing catastrophic that was apparent. Although Plaintiff requested a roof and pool inspection, her agent never responded to her request and an inspection never occurred. Plaintiff underwent a final walkthrough, but the walkthrough was only a walk from room to room. Without any confirmation whatsoe...

Excerpt: ...onal parties and also to amend the amount of the judgment. According to Plaintiff, in 2019, Plaintiff and the Richard and Janet Gudgel Revocable Trust, Janet Gudgel and Jason Gudgel entered into a promissory note whereby these parties agreed to pay Plaintiff $591,902.69 in certain monthly payments over a three year period. If all timely payments were made, any remaining unpaid balance would be forgiven. (Anderson Decl. Exh. 2) The promissory note...

Excerpt: ...��2AC”) is GRANTED as follows. 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. Defendants shall notify Plaintiff immediately. Factual and Procedural Background This case arises out of the alleged purchase of an ARCO/AMPM gas station and related real estate by Plaintiff and Mr. Chandi in the name...

Excerpt: ...y 26, 2021, alleging defamation against 24 Hour Fitness. Plaintiff's claims arise from conduct that allegedly occurred in or about March of 2020. 24 Hour Fitness moves for judgment on the pleadings on the ground that since March of 2020, Plaintiff's claims have become subject to debt reduction or elimination per Bankruptcy Order and are now discharged, except as to any relief Plaintiff may have requested in Bankruptcy Court. A motion for judgment...

Excerpt: ...“SAC”), Plaintiffs allege a cause of action for wrongful death and a survivor action against Sutter Valley Hospital and Defendant. Both are premised on the allegations that Defendants failed to properly diagnose and/or treat the Decedent for mesothelioma and that as a result, the Decedent passed away on April 22, 2020. (SAC ¶¶ 1‐3.) The Court has reviewed the parties' papers and is continuing the instant motion to provide Plaintiffs the o...

Excerpt: ...account stated. Plaintiff alleges that it owns certain real property at 2820 Marconi Avenue, Suite 3 in Sacramento (the “Premises”). Plaintiff alleged that the Taylor Investment Company, its predecessor in interest, entered into a lease for the Premises (the “Lease”) with GameStop, Inc. in 2003. The Lease was assigned to Defendant in April 2015. Plaintiff alleges Defendant has breached the Lease by failing to make timely rental payments. ...

Excerpt: ...t victim; (5) intentional infliction of emotional distress‐bystander; (6) medical malpractice; (7) negligence; (8) negligent infliction of emotional distress‐direct victim; (9) negligent infliction of emotional distress‐bystander; (10) conversion; (11) defamation; (12) civil conspiracy; and (13) civil discrimination. The SAC arises from allegations that Ms. Kong was referred to Defendant in October 2018 by Dr. Hill, her primary care physici...

Excerpt: ... Road Ventures, LLC (“MRV”) in connection with allegations that Plaintiff had an agreement with Franklin whereby Franklin would find new construction business. By way of the instant motion, Plaintiff seeks an order compelling Franklin and MRV to appear for their depositions and to produce documents requested in the subject deposition notices. According to Plaintiff, he has been attempting to depose them since summer 2020. Plaintiff first serv...

Excerpt: ...nselor (“SMHC”). (Reiman Decl. ¶ 4, Exh. A.) The email included a letter written by plaintiff Parvin Olfati (“Plaintiff”) to the County and other government representatives and agencies complaining about a conspiracy against her. (Reiman Decl. ¶ 5, Exh. B.) Due to concerns for Plaintiff's mental health, Reiman asked Pisan, a SMCH with the County Community Support Team (“CST”), to help Plaintiff. (Reiman Decl. ¶ 8, Exh. A; Pisani De...

Excerpt: ...led 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 that states, in relevant part: “You and Wells Fargo Bank, N.A. (the “Bank”) agree that if a Dispute arises between you and the Bank, upon demand by either you or the Bank, the D...

Excerpt: ... the proper subject of judicial notice. The County does not specifically cite to any subjection of section 452 under which it believes the letters qualify for judicial notice and the Court finds none. However, the County's request that the Court take judicial notice of Sacramento County Zoning Code Chapter 6, section 6.1.3, is granted. Plaintiffs American River AG, Inc. (“ARA”) and American Hay & Cattle, LLC's (collectively, “Plaintiffs”)...

Excerpt: ...lord‐tenant dispute involving plaintiffs Mark Clark and Freda Clark (collectively “Plaintiffs/Cross‐Defendants”). Singh and his spouse, Saini, are the owners of the leased property located at 5901 Watt Avenue and 5901 A Watt Avenue in North Highlands, California (the “Property”). Plaintiffs/Cross‐Defendants filed their original Complaint on May 7, 2021, against Defendants/Cross‐Complainants. Defendants/Cross‐Complainants filed t...

Excerpt: ...ant, a Buick and GMC dealership. Plaintiff filed the Complaint on November 22, 2021, alleging claims for violation of the California Family Rights Act (“CFRA”) and the Family Medical Leave Act (“FMLA”), discrimination based upon his marital status, wrongful termination, intentional misrepresentation, negligent misrepresentation, failure to pay wages, and waiting time penalties. On September 26, 2018, Plaintiff executed an “Applicant Sta...

Excerpt: ...ent (“Agreement”) between plaintiff and defendant Department of General Services (“DGS”). The Agreement was signed on 4/18/2014, with two subsequent amendments changing the commencement date of the lease. Amendment Two changed the commencement date to 9/1/2017. The lease term specified in the Agreement was to be 25 years. Pursuant to the Agreement, plaintiff agreed to construct certain improvements on the property, which required various ...

Excerpt: .... § 583.410 gives the Court discretion to dismiss an action for delay in prosecution under appropriate circumstances. One such appropriate circumstance is the failure of a plaintiff to bring the action to trial within three years of its commencement against a defendant. (Code Civ. Proc. § 583.420(a)(2)(A).) This threeyear time period must be calculated in the same manner as the mandatory five‐year deadline to commence trial under Code of Civ....

Excerpt: ...nteraction of provisions in two separate documents, the Kaiser Permanente Senior Advantage (HMO) Evidence of Coverage (“EOC”) (Feusner Decl., Exh. 3) and the Health Care Services Agreement between Kaiser Foundation Hospitals (“KFH”) and Defendants (Black Decl., Exh. A.) The EOC contains an arbitration provision that extends to claims asserted by one or more member Parties against one or more Kaiser Permanente Parties. (EOC, Ch. 11, Sectio...

Excerpt: ...iagnosed with right shoulder and left knee medical conditions. (Komshian Decl., ¶ 3.) On May 21, 2019, Plaintiff served responses to form interrogatories that identified these injuries and indicated they were subsiding. (Id., ¶ 4.) On July 9, 2019 Plaintiff testified at deposition that his complaints included the left knee and right shoulder. (Id., ¶ 5.) On January 31, 2022, Plaintiff appeared for a physical examination by defenses expert Bruc...

Excerpt: ...ted, the parties are directed to notify the clerk and opposing counsel at the time of the request which of moving defendant's 28 Undisputed Material Facts, plaintiffs' 31 Additional Material Facts and/or moving defendant's 31 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. ...

Excerpt: ...d as plaintiffs. It is claimed that at this hearing information relating to plaintiff Bacco‐Scribner's visit to the emergency room at Marshall Medical Center (“MMC”) on 6/23/2019 was disclosed and that defendant Croff, an administrator of Pacific Medical, Inc. (“Pacific”) had wrongfully accessed plaintiff's medical records in order to willfully and maliciously disclose the personal information to third parties so it could be used agains...

Excerpt: ...l Procedure §439(a), which requires the moving party to meet‐and‐confer “in person or by telephone” with the party filing the pleading that is the subject of the motion for judgment on the pleadings. (Bold added for emphasis.) Moving counsel is advised that the future motions which do not comply with the express requirements of §439 may be stricken and/or dropped from calendar. Moving counsel failed to comply with CRC Rule 3.1110(b)(3)�...

Excerpt: ...1997) 54 Cal.App.4th 216, 219; Nordlinger v. Lynch (1990) 225 Cal.App.3d 1259, 1271; Boyle v. City of Redondo Beach (1999) 70 Cal.App.4th 1109, 1114, fn. 2.) “If the complaint states a cause of action under any theory, regardless of the title under which the factual basis for relief is stated, that aspect of the complaint is good against demurrer." (Quelimane Co. v. Stewart Title Guaranty Co. (1998) 19 Cal.4th 26, 38‐39; Bagatti v. Dept. of R...

Excerpt: ...rises out of Defendant's denial of a claim for insurance benefits related to the loss of a motor vehicle. Defendant denied the claim on grounds their investigation revealed evidence that Plaintiffs misrepresented various facts and that the destruction of the vehicle was not accidental. The date of loss was April 18, 2018. Defendants seek discovery of Plaintiffs' cell phone records and text messages for April 2018. Defendants argue the discovery i...

Excerpt: ... of its contents. (See Professional Engineers v. Dep't of Transp. (1997) 15 Cal.4th 543, 590.) “There exists a mistaken notion that this means taking judicial notice of the existence of facts asserted in every document of a court file, including pleadings and affidavits. However, a court cannot take judicial notice of hearsay allegations as being true, just because they are part of a court record or file. A court may take judicial notice of the...

Excerpt: ...ee consolidated eminent domain actions filed in Monterey County Superior Court involving three parcels of real property. Desmond represented Jarvis individually and in his capacity as a general partner of the partnership in which Jarvis was a half owner with his brother James Jarvis, Jarvis Properties. In October of 2015, Jarvis signed a fee agreement with Desmond on behalf of himself and on behalf of the partnership in his capacity as a general ...

Excerpt: ...st for entry of default judgment was filed, but were unaware if judgment had been entered and request that the judgment be set aside if it was entered. (Motion to Set Aside 1:3‐6.) Default was entered on June 6, 2019. (ROA 12.) Default judgment was entered on February 25, 2022. (ROA 29.) Propriety of Service Defendants first challenge service of the summons and complaint in this action. “A default judgment entered against a defendant who was ...

Excerpt: ...s. *** If oral argument is requested, the parties must at the time oral argument is requested notify the clerk and opposing counsel of the specific issues identified below 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. *** Factual Background This action arises from the fractured relationship between the Trust and Plaintiff and nomina...

Excerpt: ...tigative subpoena duces tecum for the production of papers and documents to Respondent William Bresnick, M.D. (“Respondent”). The subpoena sought the patient medical records for two patients, CB and BH, in connection with allegations of improper prescribing practices and unprofessional conduct emanating from violations from the standard of care. The subpoena was served on Respondent on August 2, 2021, and required the papers and records liste...

Excerpt: ... to compel pro per Plaintiff Victoria Yeager's further responses to Form Interrogatories is ruled upon as follows. Defendant moves to compel further responses to Form Interrogatory Nos. 2.5, 2.11 and 9.1.) Here, the record demonstrates that Plaintiff serve her initial responses on November 12, 2021. She served a first amended response on December 28, 2021. She served second amended response on January 11, 2022. Plaintiff opposes the motion. Timel...

Excerpt: ...iffs' allegations related to their requests for enhanced remedies under the Elder Abuse and Dependent Adult Civil Protection Act (the “Act”), prejudgment interest, and more. A motion to strike is appropriate to strike out any irrelevant, false or improper matter asserted in any pleading and the Court may strike out all or any party of any pleading not drawn or filed in conformity with the law. (See Code Civ. Pro. § 436 (a)‐(c).) A motion t...

Excerpt: ...otion does not provide notice of the Court's tentative ruling system, as required by Local Rule 1.06. Moving counsel is directed to contact Plaintiffs' counsel and advise counsel 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 Plaintiffs' counsel prior to hearing, moving counsel is ordered to appear at the hearing via Zoom or by telephone. This is a personal...

Excerpt: ...t while she was driving on the freeway when she was rearended by a semi‐truck driven by Defendant David Kirkland. Plaintiff alleged that Mr. Kirkland was employed by Defendants NorCal Lumber Company and West Coast Framing, Inc. Plaintiff alleges that she suffered injuries to her neck, back, shoulder, arm and hand. Defendants issued a medical records subpoena to Sutter Medical Foundation. Plaintiff moves to quash the subpoena on the basis that i...

Excerpt: ...anner to request a hearing. If moving counsel is unable to contact Defendant's counsel prior to hearing, moving counsel is ordered to appear at the hearing via Zoom or by telephone. Background This is lemon law action filed by Plaintiff Bryant Suggs (“Plaintiff”) against Defendant FCA US LLC (“Defendant”). On November 23, 2021, this matter came on for scheduled trial. According to the Court's November 23, 2021 minute order (“November 23...

Excerpt: ...an OST on March 28, 2022. Any opposition was due by April 6, 2022. Plaintiff filed a brief opposition but A&S did not file any opposition. No reply was permitted. This action stems from an incident on June 19, 2018, at EJ's Tires and Auto Repair. Plaintiff Antonio Anaya was an auto mechanic employed by EJ. Defendant Ion Sirbu was employed by defendant TWT Express, LLC, and had brought a pick ‐up truck with a trailer attached to EJ's to have the...

Excerpt: ...prior to the hearing, GM's counsel shall be available at the hearing, by Zoom as stated in the introductory NOTICE to today's Tentative Rulings, in the event opposing counsel appears without following the procedures set forth in Local Rule 1.06(B). GM's demurrer to Plaintiff Jesus Ceja's (“Plaintiff”) sixth cause of action for fraud by omission is OVERRULED as follows. Factual Background This action arises from Plaintiff's October 10, 2019 pu...

Excerpt: .... (“Wells Fargo”). According to the FAC, Plaintiffs are the parents of Decedent Deniece Abraham (“Decedent”). On November 27, 2019, (1) Wells Fargo negligently entrusted and permitted Malbrough, a Wells Fargo employee, to operate a Nissan Altima; (2) Wells Fargo knew or should have known that Malbrough was incompetent and unfit to operate the vehicle; (3) Wells Fargo used Malbrough as the driver of its ride‐ sharing transportation servi...

Excerpt: ...is UNOPPOSED and GRANTED as follows. The notice of motion does not provide notice of the Court's tentative ruling system as required by Local Rule 1.06(D). Moving counsel is ordered to notify other parties immediately of the tentative ruling system and to be available at the hearing, via Zoom audio or video, in the event any party appears without following the procedures set forth in Local Rule 1.06(B). Background The Regents of the University of...

Excerpt: ...3 6th Street, Sacramento, California 95814. Defendants shall notify Plaintiff immediately. Plaintiff filed the Complaint for professional negligence on September 22, 2021. Generally, the Complaint alleges Defendants performed services for Plaintiff between 2010 and 2020 and he has now been damaged via tax penalties and audits because Defendants breached the standard of care for accountants. Defendants demur to the first and only cause of action f...

Excerpt: ...ckground On 9/3/21, Judge Krueger sustained Defendants' demurrer to the previous pleading, with leave to amend. (Register of Actions (“ROA”) No. 45.) Judge Krueger ruled that, based on the pleaded facts, Defendants showed that they have immunity under Government Code § 44808. “EGUSD argues that they owed no duty to Brinsmead because the school had not yet begun to undertake the transportation of Brinsmead to school on the day of the accide...

Excerpt: ...r Judicial Notice of the First Amended Complaint is GRANTED. BACKGROUND According to Plaintiff's First Amended Complaint (“FAC”), in October 2018, the parties entered into a written commercial lease (“Lease”) whereby Plaintiff would lease to Defendant certain retail space (“the Premises”) in the Crocker Village Shopping Center in Sacramento for the operation of a pizza business. The Lease also included the construction of the Premises...

Excerpt: ...up, LLC dba Residence Inn by Marriot Chico; Starwood Capital Group Global 1, LLC; and Marriott International, Inc. Plaintiffs field a First Amended Complaint on September 21, 2020, identifying, among others, Unicontrol as defendant Doe No. 6. (ROA 146.) Plaintiffs' action arises from their stay at the Residence Inn by Marriott in Chico on the night of July 26, 2017. Plaintiffs allege they were exposed to carbon monoxide due to one or more of thre...

Excerpt: ...ss 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 shall notify Defendants immediately. This action arises out of the 2016 death of the minor Plaintiff's father, Milton Beverly, Jr. (“Beverly”) who was at the time a prison inmate. Plaintiff's original theory of liability against defendant California Department of Corrections and R...

Excerpt: ...t Code section 53069.4 does not permit the introduction of new evidence in the instant action, such that Appellants' attempts to obtain discovery from the City are unnecessary and improper. This action takes the form of an appeal of a penalty issued through the City's administrative process, wherein Appellants were fined $137,500 after 275 cannabis plants were found at their property. Appellants appealed the penalty through the City's administrat...

Excerpt: .... CSG opposes. This action arises out of Boutin Jones's representation of the "Original Grange" in an underlying dispute with the National Grange and the CSG and the legal fees it received from the Original Grange pursuant thereto. The Court is familiar with the long running litigation between the parties, but in brief, the underlying dispute began on October 1, 2012, when the National Grange sued the Original Grange in this Court. The National G...

Excerpt: ...ent action arising out of Plaintiff's employment with Defendant. Plaintiff has worked as a Sheriff Officer for over 25 years and is still currently employed. He was accused of harassment in 2016 by an employee and received a Letter of Reprimand (“LOR”) that was removed two years later. Plaintiff alleges he received assurances that the LOR would not adversely affect his career, but the LOR has prevented him from promoting. Plaintiff alleges he...

Excerpt: ...ed relevant by the Court in making its ruling on the instant motion. Factual Background Plaintiff alleges claims for trespass, nuisance, assault, interference with economic advantage, and related claims arising out of Defendant Justin Capella's (“Defendant”) alleged interference with Plaintiff's property. Plaintiff is the owner of a condominium building project known as Mystique ("Project"), located at 3007 Enchanted Walk, Sacramento, Califor...

Excerpt: ...e of Motion does not provide notice of the Court's tentative ruling system, as required by Local Rule 1.06(D). FCA's counsel is directed to contact opposing counsel forthwith to advise counsel of Local Rule 1.06 and the Court's tentative ruling procedure. If FCA's counsel is unable to contact opposing counsel prior to the hearing, FCA's counsel shall be available at the hearing, by Zoom as stated in the introductory NOTICE to today's Tentative Ru...

Excerpt: ...service on December 17, 2021. Default was entered on January 4, 2022. Default judgment was entered on January 24, 2022. Defendant now moves for mandatory relief due to attorney mistake pursuant to CCP §473(b). In support of the motion, Defendant's counsel, Stephen Lopez states: “2. On or about December 20, 2021, I was informed by my client that they had been served with the complaint in the above‐captioned matter. I immediately prepared an a...

Excerpt: ...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). Cross‐ Defendant Lexington Insurance Company's (“Lexington”) motion for summary judgment is GRANTED as follows. Request for Judicial Notice Lexington's request for judicial notice of eighteen documents filed in this Court ...