Excerpt: ...strict Support Facility Project (“Project”) owned by Plaintiff. (See ROA 90.) On May 7, 2020, Plaintiff filed a Complaint against Diede Construction, Inc. (“Diede”), the general contractor for the Project, and Travelers Casualty and Surety Company of America (“Travelers”). (ROA 98.) The Complaint alleges that the District and Diede entered into a contract whereby Diede agreed to build the Project but Diede breached the contract in num...

Excerpt: ...collectively, “Defendants”) is UNOPPOSED and GRANTED. On February 26, 2019, plaintiff Tyler Crum (“Crum”) filed a Class Action Complaint against S&D in Sacramento County Superior Court alleging claims for failure to pay overtime, failure to provide meal and rest periods, failure to provide accurate itemized wage statements, failure to provide wages when due, unfair competition, and violation of PAGA (the “Crum Action”). On November 13...

Excerpt: ...ately 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). Plaintiff filed its Complaint against Defendants VF Staffing, LLC, Accuire, LLC, and Michael DiManno (“VF Staffing,” “Accuire,” and “DiManno,” respectively; “Defendants,” collectively) on June 15, 2021. (ROA 1.) According to Plaintiff's Co...

Excerpt: ...mplaint against CSS for preliminary and permanent injunction, breach of contract, and to abate a nuisance. (ROA 1.) Later that same month, CSS filed a Cross‐Complaint against Landlord for breach of contract, breach of implied covenant, breach of covenant of quiet enjoyment, and declaratory relief. (ROA 31.) Both the Complaint and Cross‐Complaint concern a Net Lease Agreement (“Lease”) between Landlord and CSS for space (“the Premises”...

Excerpt: ... The notice of motion does not provide notice of the Court's tentative ruling system as required by Local Rule 1.06(D). Defendants' counsel is ordered to notify responding party immediately of the tentative ruling system and the manner to request a hearing. If Defendants' counsel is unable to contact responding party prior to hearing, moving counsel is ordered to appear at the hearing. This action arises out of an alleged business venture relatin...

Excerpt: ...against defendant Hunter William Graham (“Defendant”). Plaintiff sets forth the following nine material facts in its separate statement for both causes of action. Defendant applied to Plaintiff for a credit card account and entered into a written credit card account agreement with Plaintiff for the account number ending in 5620 (the "Account"). (UMFs 1, 10.) Defendant agreed to be bound by the terms and conditions set forth in the Cardmember ...

Excerpt: ...rate statement does not comply with CRC 3.1350(d) on the basis that Cal Fire incorporated UMFs from the first issue into later issues. Overview Plaintiff Anthony Morris (“Plaintiff”) was employed by Cal Fire as a Fire Apparatus Engineer until his involuntary separation based on Cal Fire's determination that Plaintiff was AWOL. Over the course of Plaintiff's career with Cal Fire, Plaintiff suffered numerous disabilities and injuries that requi...

Excerpt: ...position from the Court's website on February 23, 2022, and timely filed a reply brief on February 25, 2022. Defendants do not argue that they have been prejudiced by the delay in their obtaining a copy of Plaintiff's opposition, and the Court finds no such prejudice. Factual and Procedural Background This is a personal injury action arising out of a motor vehicle accident that occurred on April 10, 2015. Plaintiff Joseph Alega (“Plaintiff”) ...

Excerpt: ...(unpaid meal period premiums), (3) violation of Labor Code § 226.7 (unpaid rest period premiums), (4) violation of Labor Code §§ 1194 and 1197 (unpaid minimum wages), (5) violation of Labor Code §§ 201 and 202 (final wages not timely paid), (6) violation of Labor Code §§ 226(a) and 1174(d) (non‐compliant wages statements/records), (7) violation of Labor Code §§ 2800 and 2802 (unreimbursed business expenses), (8) violation of Labor Code...

Excerpt: ...ng and conferring, Plaintiff agreed to amend the complaint. However, no amended complaint has been filed. As a result, the Court will rule on the demurrer. Plaintiff is the sole surviving child of Curtis Mackey (the “Decedent”). Defendant is the Trustee of the Curtis Mackey, Jr. Trust (“Trust”) and the Decedent's wife. Plaintiff alleges causes of action against Defendant for 1) Breach of Trust; 2) Contest Validity of Trust; 3) Financial a...

Excerpt: ...ing, 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 Andre Watson aka Andre Ramon Watson's (“Plaintiff”) demurrer to Defendant Andrea Watson aka Andra Watson's (“Defendant”) Answer is UNOPPOSED and SUSTAINED with leave to amend as follows. Overview This is a partition action. Plaintiff alle...

Excerpt: ...e is UNOPPOSED and GRANTED as follows. In this employment action, Plaintiff alleges he was discriminated and retaliated against due to, inter alia, a physical disability respiratory condition, physical disability chronic condition, physical impairment respiratory conduction, physical impairment chronic condition, compromised immune system, multiple chemical sensitive syndrome, reactive airway disease, mental or psychological condition/disorder an...

Excerpt: ...ul eviction, trespass, fraud, and cancellation of instruments against numerous defendants. Plaintiff alleges he is the owner to real property at 2919 Aquino Drive in Sacramento which he inherited from his father. He also alleged that Santana is the current title holder. (TAC ¶ 15.) He alleges that in November 2019, he executed a deed of trust on the subject property in exchange for a $51,000 loan. (Id. ¶¶ 17‐18) The loan included a December ...

Excerpt: ...aims Unit re: Jeff Baoliang Zhang is DENIED. Ms. Gedjeyan's declaration states there is no record of any claim filed with, or presented to, the Government Claims Program by Plaintiff for any date range. Defendant argues the Court may take judicial notice of this declaration because it is a record of an administrative agency and an “official act of the legislative, executive, or judicial departments” of the State of California. (Evid. Cod § 4...

Excerpt: ...y Tradition, Inc., (“VFT”) Defendant's insured in Los Angeles Superior Court. In the underlying action Plaintiffs alleged that VFT and others caused physical damage to their residence. Plaintiffs allege that the judgment obtained against VFT on July 9, 2020, became final on January 5, 2021. In the first cause of action Plaintiffs allege that Defendant's policy issued to VFT covers the judgment in the underlying action. In the second cause of ...

Excerpt: ...aintiffs”) allege was executed between Plaintiffs and Defendants to manage Plaintiffs' investments. Plaintiffs filed their Complaint on August 24, 2021, alleging causes of action for: (1) professional negligence, (2) breach of fiduciary duty, (3) fraud, and (4) breach of contract. Defendants move to compel arbitration and stay this action pursuant to the arbitration provision of the investment contract. Plaintiffs filed a notice of non‐ oppos...

Excerpt: ...nc. for violation of the California Franchise Investment Law, violation of the Cartwright Act, unfair business practices, fraud, breach of covenant of good faith and fair dealing accounting, and declaratory relief. (Complaint, ¶¶ 45‐ 96.) On August 12, 2021, Sourdough Inc. filed a CrossComplaint against Sourdough LLC, alleging two causes of action: (1) breach of contract and (2) fraud and deceit. (ROA 13; Cross‐Complaint, ¶¶ 8‐18.) On N...

Excerpt: ...ns. Multiple exhibits are attached to the FAC bringing it to a total of 102 pages. The FAC was styled as a putative class action but the class allegations were dismissed on January 21, 2022. (ROA 77) The FAC alleges seven causes of action for breach of contract, fraud, negligent misrepresentation, cancellation of instrument, violation of the Consumer Legal Remedies Act, violation of the Unfair Competition Law and for declaratory relief. Plaintiff...

Excerpt: ...ver Town Centre. Plaintiffs allege that on March 7, 2018, Defendant used the Rancho Cordova Police Department to serve a “Notice of Trespass‐Official Notice” while they were eating dinner at a restaurant at the shopping center. They allege the police took them out of the restaurant, questioned them and made them leave. They allege that they later discovered the police were told that there had been incidents of loitering, smoking, stalking, ...

Excerpt: ... is denied. Ms. Gedjeyan's declaration states there is no record of any claim filed with, or presented to, the Government Claims Program by Plaintiff for any date range. CDCR argues the Court may take judicial notice of this declaration because it is a record of an administrative agency and an “official act of the legislative, executive, or judicial departments” of the State of California. (Evid. Cod § 452(c). The Court does not perceive tha...

Excerpt: ... filed this action on December 29, 2020. On March 16, 2021, Plaintiff filed a First Amended Complaint that alleges claims for (1) failure to pay all overtime wages, (2) meal period violations, (3) rest period violations, (4) waiting time penalties, (5) wage statement violations, (6) unfair competition, and (7) PAGA penalties. The Settlement Class is defined as “All current and former non‐exempt non‐union employees employed by Syblon Reid co...

Excerpt: ...Third Amended Complaint (“3AC”) defined the class as: “All California residents insured under a Stillwater dwelling policy who made claims for damage to real property resulting from a covered peril, and whose claims were open on or after December 6, 2016, as to which Stillwater paid at least $1 in policy benefits, and whose actual cash value indemnity payment for repairs to the structure was decreased as a result of depreciation of one or m...

Excerpt: ...ff filed the Class Action Complaint on February 26, 2021, alleging claims against Defendants for unfair competition, failure to pay minimum wages, failure to pay overtime wages, failure to provide meal and rest periods, failure to provide accurate itemized wage statements, failure to reimburse business expenses, failure to provide wages at termination, and violation of the Private Attorney General Act (“PAGA”). Plaintiff filed a First Amended...

Excerpt: ...ts. Background The operative complaint in this case is the Third Amended Complaint ("TAC") filed by Plaintiffs Gloria Single (“Ms. Single”) and CLTCOA (collectively, "Plaintiffs"). Ms. Single, now deceased, was a resident of Pioneer House, and alleged that she was unlawfully discharged from the facility in violation of Health and Safety Code section 1430(b). The Court previously granted summary adjudication in favor of Ms. Single on her first...

Excerpt: ...endant's Supplemental Interrogatory (Set One) and Request for Production (Set One) by no later than October 14, 2021. (ROA 64; RJN Exh. A.) Trial is currently set for March 14, 2022. To date, Plaintiff has not complied with the Court's September 30, 2021, order. Further, Plaintiff's counsel's mail has been returned to Defendant and counsel has been unresponsive to email. (Vandersluys Decl. ¶ 5, Exhs. 1‐2.) Plaintiff's counsel has failed to upd...

Excerpt: ...caused the death of Plaintiff Amber Jenkins' 18 year old son (“Decedent”). At the time of his death, Decedent had no children and is survived by his mother, Plaintiff, and father, who is plaintiff in a separate action (Sacramento Superior Court Case No. 34‐2021‐00310485, filed on October 29, 2021). Plaintiff filed her action on September 20, 2021, in her personal capacity as the decedent's heir for negligence and wrongful death. Plaintiff...

Excerpt: ...e the tentative ruling to Plaintiff Allen Hammler within 48 hours. The litigation coordinator is directed to have Plaintiff Alan Hammler available at oral argument on February 10, 2022 at 1:30 pm. Appearance will be by ZOOM. Department 53 Zoom ID is: 841 204 6267. To appear on Zoom by phone, call (888) 475‐4499 or (877) 853‐5257 (toll‐ free) and enter 841 204 6267#. Appearance is required. Defendants Ralph Diaz, et al.'s motion for an order...

Excerpt: ...o Plaintiff here, Lobel Financial Corp., which filed the instant action. Defendant did not respond to the Complaint as required by the Code of Civil Procedure and default was requested and entered on June 26, 2017. Defendant now moves to set aside the default on the grounds that he was unaware of the instant action because he was never appropriately served with the Complaint and only learned of this action when informed in December 2021 that his ...

Excerpt: ...or the "Gilbert Parties”) Complaint. Aoki Movants' Motion is GRANTED as follows. Defendant Joanna Mendoza joins in the Aoki Movants' Anti‐SLAPP Motion. Plaintiffs filed no specific opposition to the joinder. The request for joinder is granted. Defendant Joanna Mendoza is included in reference to Aoki Movants. Plaintiff's Request for Judicial Notice is granted. Aoki Movants' Request for Judicial Notice and Request for Judicial Notice in Reply ...

Excerpt: ...s. FACTUAL BACKGROUND This case centers on Proposition 21, an initiative that appeared on the California ballot on November 3, 2021. If approved by the voters, Proposition 21 would have permitted local governments to impose rent control on a wider range of properties. (Complaint, ¶ 13.) Plaintiff Yes on 21, Homeowners and Tenants United to Keep Families in Their Homes, Sponsored by AIDS Healthcare Foundation (“Plaintiff”) is a California pol...

Excerpt: ... counsel is directed to contact SMUD's counsel forthwith and advise counsel of Local Rule 1.06 and the Court's tentative ruling procedure and the manner to request a hearing. This action arises out of an underground electric line on Plaintiff's property that provides power to a park owned by the City of Sacramento. In March of 2019, Plaintiff requested SMUD remove the line. When SMUD did not comply with Plaintiff's request, Plaintiff filed this a...

Excerpt: ... now filed an Amended Separate Statement, and in response, Plaintiff has filed Amended Opposition documents. Plaintiff's Amended Complaint alleges seven causes of action for Breach of the Warranty of Habitability, Retaliatory Eviction, Negligence, Intentional Infliction of Emotional Distress, Negligent Infliction of Emotional Distress, Libel, and Slander arising from her plaintiff's residential tenancy. Plaintiff signed a written Rental Agreement...

Excerpt: ...rek (“Plaintiff”) alleges she suffered injuries from two separate falls on two separate occasions: the first, at an apartment complex owned and operated by Defendant Burnet‐Nemrow Sandpiper, LP (“Burnet”), and the second, two days later at a clinic owned and operated by Dignity, where Plaintiff was being assessed after her first fall. (See generally, First Am. Compl.) Plaintiff's pleading contains causes of action for negligence (agains...

Excerpt: ... 340.) On the Court's own motion, the hearing was continued to today. In this action, Plaintiffs allege that they are officers and directors of Sacramento A‐1 Doors and were engaged in the process of selling the company's assets. They allege that they relied on Defendants, their insurance brokers, to obtain ongoing Directors & Officers (“D&O”) insurance coverage after the sale of the company's assets. Plaintiffs allege that they believed th...

Excerpt: ...further responses to interrogatories must be accompanied by a declaration showing a reasonable and good faith attempt at an informal resolution of each issue presented by the motion. (Code Civ. Proc., § 2030.300(b).) This rule is designed to encourage the parties to work out their differences informally so as to avoid the necessity for a formal order. (Townsend v. Superior Court (1998) 61 Cal.App.4th 1431, 1435.) The level of effort at informal ...

Excerpt: ...impf alleges that she entered into a consensual relationship with her supervisor, Steven Medina (“Medina”). After Plaintiff ended the relationship, Medina began to sexually harass her. Plaintiff alleges that the harassment was so severe and pervasive that she sought a Civil Harassment Restraining Order in November 2019. In December 2019, Plaintiff notified Caltrans management, including Caltrans Manager Angelo Gross ("Gross"), and Bassi, Calt...

Excerpt: ..., 2021 WL 5911481 (U.S. Dec. 15, 2021) (“Viking River Cruises”). No trial date has been set in this action. Plaintiff Scott McKillop (“Plaintiff”) opposes. Request for Judicial Notice Plaintiff's Request for Judicial Notice, which attaches the “Question Presented” from the United States Supreme Court's docket, is granted. In taking judicial notice of these documents, the Court accepts the fact of their existence, not the truth of thei...

Excerpt: ...r judicial notice is granted. In taking judicial notice of these documents, the court accepts the fact of their existence, not the truth of their contents. (See Professional Engineers v. Dep't of Transp. (1997) 15 Cal.4th 543, 590; Steed v. Department of Consumer Affairs (2012) 204 Cal.App.4th 112, 120‐121.) Defendants move to strike the following: 1. The second cause of action in the SAC for violation of the Real Estate Settlement Procedures A...

Excerpt: ...espectively. In her motion Defendant cites to both CCP § 473.5(a) and CCP § 473(d). Defendant contends that she was never properly served with the complaint. Defendant declares that she did not reside at the 79 Aiken Way address at which the proof of service states that she was served by way of substitute service. (Hernandez Decl. ¶ 2.) The proof of service states that Defendant was served by way of substitute service on June 5, 2019 through s...

Excerpt: ...ff's termination. In June 2021, Defendant served Plaintiff the subject form and special interrogatories. (De Wit Decl. ¶ 3.) Plaintiff provided responses in August 2021. (De Wit Decl. ¶ 4.) Following an initial meet and confer, Plaintiff provided the supplemental responses that are at issue in this motion. (De Wit Decl. ¶ 6, Exs. G & H.) Defendant's further meet and confer attempts did not result in a resolution of the discovery dispute and th...

Excerpt: ... property. Plaintiff desired to build the residence for use as an investment property. Plaintiff contends that after construction was finished there were numerous defects in the residence which has prevented the sale of the property. At issue on the instant motion are Defendant's amended responses to Plaintiff's requests for production Nos. 2 and 3. Request No. 2 asked for production of all documents that supported Defendant's responses to Plaint...

Excerpt: ...Plaintiffs allege that Kiranjit Kaur holds a 68% interest in Payal Investments, LLC and Mirage 4 U, LLC ("Mirage") and that Defendant Harpreet Kaur owns the other 32%. Payal owns real property located in Sacramento and Mirage operates at banquet hall at the property and caters to a Sikh clientele for weddings, anniversaries, birthdays and other special events. Plaintiff Raja Singh is Kiranjit Kaur's husband and it is alleged that all contribution...

Excerpt: ... to file a reply. In this employment action Plaintiff alleges numerous FEHA causes of action arising out of her former employment with Defendant as an Instructional Assistant. She alleges causes of action for national origin/race discrimination, gender discrimination, disability discrimination, failure to engage in the interactive process, failure to provide reasonable accommodation, retaliation and failure to prevent discrimination and retaliati...

Excerpt: ...��Presson”) Cross‐Complaint pursuant to CCP § 425.16 is GRANTED AND DENIED IN PARTS as follows. Request for Judicial Notice Cross‐Defendants' request for judicial notice of the register of actions in Sacramento Superior Court Case No. 34‐2020‐ 00278230 is granted pursuant to Evidence Code § 452(d). Objections Cross‐Defendants' objections to Presson's evidence are SUSTAINED as to objection nos. 2, 4, 7, 11 and OVERRULED as to all oth...

Excerpt: ...dvise 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. Moving counsel failed to comply with CRC Rule 3.1110(b)(3)‐(4). Factual Background This action was commenced by plaintiff ESM on 4/21/2016 with a complaint seeking recovery of roughly $...

Excerpt: ...sts 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. *** Both moving and opposing counsel failed to comply with CRC Rule 3.1110(b)(3)‐(4). In this action plaintiff alleges she was groped by defendant while at a local restaurant. According to the moving papers, defendant pled no contest to a charge of lewd conduct but now refuses ...

Excerpt: ...nd 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. *** This consolidated action arises out of a multiple motor vehicle accident which occurred in September 2019. Farmers' complaint alleges that defendants negligently caused this accident and as a result, Farmers became obligate...

Excerpt: ...st for Production of Documents Nos. 1, 3, 9, 17, 34‐75, 83, and 84 is ruled on as follows. Moving counsel's 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 contact opposing 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 opposing counse...

Excerpt: ...sComplaint, and Defendant Donna Pohlman's (Cross‐Complainant Pohlman”) CrossComplaint. The motion is UNOPPOSED and GRANTED. Legal Standard In evaluating a motion for summary judgment or summary adjudication the court engages in a three step process. The Court first 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 (1...

Excerpt: ... of the “Court's November 29, 2021 Ruling on the Ex Parte Application for Approval of the Receivership Plan and Increase in Receiver's Certificate” is denied. Defendant seeks reconsideration of the Court's November 29, 2021 Ex Parte order that approved the Court‐appointed Receiver Richardson Griswold's request for approval of the receivership plan and request for increase in Receiver's certificate from the previously approved $50,000 amount...