Excerpt: ...el 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. Moving counsel failed to comply with CRC Rule 3.1110(b)(3)‐(4). Plaintiff's opposition wa...

Excerpt: ... 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 to strike challenges portions of a cause of action that are substantively defective on the face of the complaint. (PH II, Inc. v. Superior Court (1995) 33 Cal.App.4th 1680, 1682�...

Excerpt: ...laint against ADC alleging various causes of action arising out of her employment with ADC as a dental hygienist. She alleges various wage and hour claims under the Labor Code in addition to causes of action under FEHA. ADC thereafter filed a cross‐complaint against David Miller, Plaintiff's father. ADC alleges that its causes of action arise out of the same transaction, occurrence or series of transactions or occurrences as Plaintiff's claims....

Excerpt: ...the hearing and the parties should be prepared to point to specific evidence which is claimed to show the existence or non‐existence of a triable issue of material fact. *** Defendants Sutter Valley Hospital (“Sutter”) and Sammy Maysonet's (“Maysonet”) (collectively “Defendants”) motion for summary judgment, or in the alternative, summary adjudication is ruled upon as follows. I. Overview This is a FEHA employment action for disabil...

Excerpt: ...n the Anatolia housing development which is subject to Defendant's conditions, covenants and restrictions (CC&Rs). Plaintiff alleges Defendant issued a Notice of Intent to Record Assessment Lien on January 30, 2020, claiming there were delinquent assessments, late fees, collection fees and a current assessment. Plaintiff alleges Defendant's lien was incorrect and that she had timely paid all assessments and that Defendant failed to credit her pay...

Excerpt: ... 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 Plaintiff need not request oral argument. The Litigation Coordinator shall make Plaintiff available, by Zoom telephonically, at 9:00 a.m. on the date of the continued hearing date, which will be October 13, 2022, to participate in oral argument. To appear on Zoom telephonically, c...

Excerpt: ...sed and assaulted in foster care while under the legal custody, care, and control of the County and co‐defendant County of Sacramento. Plaintiff alleges that “Defendants owed a duty to care for and protect Plaintiff, a child in foster care in San Bernardino and Sacramento Counties, and in that regard, assumed an obligation of the highest order to ensure her safety. See Cal. Welf. and Inst. Code § 16000.1(a).” (Complaint, ¶ 13.) Plaintiff ...

Excerpt: ...��) 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 August 11, 2022, which was th...

Excerpt: ... Wigle's vehicle and Plaintiff. The first cause of action for declaratory relief is asserted against the insurance company defendants and seeks a declaration regarding the parties' rights under the subject insurance policies. Plaintiff appears to allege that the insurance company defendants have engaged in bad faith as it related to Wigle. Wigle demurs to the first cause of action on the basis Plaintiff has misjoined the insurance company defenda...

Excerpt: ...hether the complaint is well‐pled. In this action, Plaintiff alleges causes of action against Defendant for conversion, violation of Business & Professions Code § 17200, fraudulent misrepresentation and intentional interference with contract. Plaintiff alleges that it specializes in recovering and supplying refrigerants. (Comp. ¶ 11.) Plaintiff alleges it utilizes a unique piece of equipment called “El Machino” which it constructs through...

Excerpt: ...iction of emotional distress, wrongful death and violation of Residents Bill of Rights. Plaintiff Kathryn Koontz (“Kathryn” or “Decedent”) and her son David Koontz, as successor‐in‐interest, and individually (“David”) filed this action arising from Kathryn residency at defendant The Chateau on Capital Avenue (“Facility” or “Chateau”), an assisted living facility. Plaintiffs allege that Capital Avenue OPCO LLC and SRG Sacra...

Excerpt: ...p.m in Department 53. (Code of Civ. Proc. § 382; Cal. Rules of Court, rule 3.769.) Background This is a wage and hour class action for various alleged violations of the Labor Code by Defendant Fleetcor Technologies Operating Company, LLC (collectively “Defendant”). Plaintiff commenced this action by filing a complaint on behalf of herself and other non‐ exempt employees of Defendants. The operative pleadings is the First Amended Complaint ...

Excerpt: ... amended complaint on the ground of failure to allege exhaustion of administrative remedies. (ROA 51.) Defendant now challenges the second amended complaint on the same ground. This is a health insurance action. Plaintiff brings this action individually and as the executor of the estate of Ron Pruitt, her late father (hereafter, “Decedent”). (SAC, ¶ 1.) Decedent was a member of PERSCare, a health insurance plan funded by Defendant and admini...

Excerpt: ...JN”). In its RJN, BANA cites to Evidence Code section 452(h) and seeks judicial notice by the Court of two documents attached thereto which BANA describes as follows: Exhibit A: “Credit Card Agreement for Thomas M. Witte” dated August 2014 Exhibit B: “Changes to Your Credit Card” dated August 2015 (ROA 105.) The Court notes that BANA's RJN in support of its demurrer is nearly identical to BANA's previously‐filed Request for Judicial N...

Excerpt: ...n was necessary. The Court finds the bulk of the issues should have been resolved during the meet and confer process and the failure of the parties to do so is suggestive that neither party made a reasonable effort to resolve this dispute. The parties are admonished that if there are similar circumstances in the future, the Court may direct the parties to meet and confer further before hearing a discovery motion. In this particular instance, the ...

Excerpt: ... that occurred on August 23, 2015. (See Osborn Second Amended Complaint (“SAC”), ¶ 8.) According to Plaintiffs' respective second amended complaints, Plaintiff Regina Wander was driving a 2007 Hyundai Santa Fe when she experienced a sudden unintended acceleration event that resulted in her losing control of the vehicle and causing it to travel at a high rate of speed before colliding with the Osborn Plaintiffs' vehicle. Plaintiffs allege tha...

Excerpt: ...unts based on an open book account for money due and an account stated in writing between Plaintiff and Defendant. According to Plaintiff's computerized records of the loan, which are maintained in the ordinary course of Plaintiff's business, the remaining balance on the loan, including interest, totals $24,505.39. (UMF Nos. 7, 10.) Legal Standard CCP section 473c(c) requires that a motion for summary judgment be granted "if all the papers submit...

Excerpt: ...gages in 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 submi...

Excerpt: ...548, 1566; Kilroy v. State of California (2004) 119 Cal.App.4th 140, 145‐146.) Background This is a dispute between residential neighbors. In December of 2017, Plaintiffs purchased a home in Fair Oaks, California directly adjacent to the home of Defendants Jeff Will and Pam Will (“Defendants”). Defendants' property sits approximately 15‐20 feet higher than Plaintiffs' property, which results in runoff of water and debris from Defendants' ...

Excerpt: ...ners' interests in Gold Mountain Distribution (“GMD”). GMD is a cannabis distribution business. The parties entered into a Letter of Intent (“LOI”) on July 8, 2019, which formalized the parties' agreement. (Ramirez Decl. Exh. 1.) Petitioners contend Mr. Argudo has defaulted on the agreed upon payments and failed to assume the personal guaranty for all debts of GMD. Petitioners seek to have their dispute arbitrated in accordance with the t...

Excerpt: ...at 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. *** Both moving and opposing counsel failed to comply with CRC Rule 3.1110(b)(3)‐(4). Factual Background This 2015 action is well known to the Court and in sum, it arises from an alleged real estate partnership between plaintiffs Angelica Lynn and Angel Lynn Realty (“ALR”) on the one...

Excerpt: ...d previously been damaged, totaled and salvaged. Plaintiffs sued for fraud, rescission and other statutory violations. In early 2022 the parties agreed to a settlement which was memorialized in writing and on 4/15/2022, plaintiffs filed pursuant to CRC Rule 3.1385 a Notice of (Conditional) Settlement of the Entire Case, thereby removing this action from the Court's civil active list. To date, no request for dismissal of this action has been filed...

Excerpt: ...ide notice of the Court's tentative ruling system as required by Local Rule 1.06(D). Defendants are ordered to notify Plaintiff immediately of the tentative ruling system and the manner to request a hearing. If Defendants are unable to contact Plaintiff prior to hearing, Defendants are ordered to appear at the hearing. Plaintiff filed this personal injury action on November 2, 2021, arising from a motor vehicle accident that occurred on December ...

Excerpt: ...ed by Local Rule 1.06. 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. 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 does not comply with Code of Civil Procedure §1010 or CRC Rule 3.1110(a). Fac...

Excerpt: ...l Retirement Annuity, known as Policy No. 0101211094. (Mills Decl. ¶ 3.) As of October 21, 2021, the Non‐Qualified Annuity had a lump sum value of $30,082.44 and the Individual Retirement Annuity had a lump sum value of $60,495.35. (Mills Decl. ¶ 4.) Both policies named the Insured's children, J. Ruedas, J. Zavoral, and G. Zavoral, as purported equal beneficiaries. (Mills Decl. ¶ 2.) On November 30, 2018, Plaintiff received a Change in Benef...