Excerpt: ...in's funding obligations under the settlement agreement. The motion is GRANTED. This matter was initially heard on July 29, 2020, but was continued for additional briefing to be submitted regarding the impact of Defendants PSE and EVO entering into bankruptcy. The parties executed a settlement agreement on August 2, 2019. (Kislik Decl. ¶ 2, Exh. A.) The terms of the settlement provide, inter alia, that Defendant Shafeel Hussein will record a dee...

Excerpt: ... The Department 53 Zoom ID is:841 204 6267. Consistent with Local Rule 1.06(B), any party requesting oral argument on any matter on this calendar must comply with the following procedure. To request oral argument, you must call the Department 53 clerk at (916) 874‐ 7858 and opposing party by 4:00 p.m. the court day before the hearing. At the time of requesting oral argument, the requesting party shall leave a voice message to advise the clerk t...

Excerpt: ...e Required” matters. The Department 53 Zoom ID is: 841 204 6267. Consistent with Local Rule 1.06(B), any party requesting oral argument on any matter on this calendar must comply with the following procedure. To request oral argument, you must call the Department 53 clerk at (916) 874‐ 7858 and opposing party by 4:00 p.m. the court day before the hearing. At the time of requesting oral argument, the requesting party shall leave a voice messag...

Excerpt: ...red” matters. The Department 53 Zoom ID is: 841 204 6267. Consistent with Local Rule 1.06(B), any party requesting oral argument on any matter on this calendar must comply with the following procedure. To request oral argument, you must call the Department 53 clerk at (916) 874‐ 7858 and opposing party by 4:00 p.m. the court day before the hearing. At the time of requesting oral argument, the requesting party shall leave a voice message to ad...

Excerpt: ...nator shall provide the tentative ruling to Plaintiff within 48 hours of receiving it. The Litigation Coordinator shall make Plaintiff available, by COURTCALL, at 9:00 a.m. on August 25, 2020, to participate in oral argument. Oral argument on this matter was originally heard on 3/16/2020. The original tentative ruling overruled Defendant Alexander Asterlin's demurrer to pro per Plaintiff Shaun Smith's first amended complaint (“FAC”). Defendan...

Excerpt: ...xaminations of disability claimants under the Social Security Act. Plaintiff filed his Complaint on May 4, 2018, alleging causes of action for injunctive relief, alternative writ of mandate, declaratory relief, and damages for a breach of implied in fact contract against DSS. DSS demurred to the Complaint in June 2017. Plaintiff opposed the demurrer and filed an ex parte application for a temporary restraining order (“TRO”). The two matters w...

Excerpt: ...Department 53 Zoom ID is: 841 204 6267. Consistent with Local Rule 1.06(B), any party requesting oral argument on any matter on this calendar must comply with the following procedure. To request oral argument, you must call the Department 53 clerk at (916) 874‐ 7858 and opposing party by 4:00 p.m. the court day before the hearing. At the time of requesting oral argument, the requesting party shall leave a voice message to advise the clerk that ...

Excerpt: ...lows. Overview This is a personal injury (premises liability) action arising out of Plaintiff Irma Guzman's (“Guzman”) allegation that she was injured after slipping and falling on fresh/wet cement in a common area outside of her employer SEIU's third‐floor office space at 1401 21st Street, Sacramento, CA (the “Building”). Plaintiffs' Complaint alleges a premises liability cause of action against 1401 as the “owner[] . . . maintainer[...

Excerpt: ... and Account Stated, both arising out of unpaid debt related to a credit card account. FACTS Plaintiff presents the following facts in its separate statement: Defendant Mary Bondar (“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 3002 on June 4, 2014 (the "Account"). (See Plaintiff's Separate Statement of Undisputed Material Fa...

Excerpt: ...count and Account Stated, both arising out of unpaid debt related to a credit card account. FACTS Plaintiff presents the following facts in its separate statement: Defendant Matthew Kornblue (“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 3004 on February 10, 2004 (the "Account"). (See Plaintiff's Separate Statement of Undispu...

Excerpt: ...good faith and fair dealing. Specifically, Plaintiff alleges that he had an automobile insurance policy with Defendants with Underinsured Motorist coverage with limits of $100,000/$300,000 liability coverage. Plaintiff alleges that July 22, 2009, he was involved in a motor vehicle accident that resulted in severe injuries and damages in excess of the driver's policy limits. Plaintiff alleges Defendant "failed to properly and in good faith adjust ...

Excerpt: ...in large scale public and private civil construction projects throughout the country. (FAC ¶ 15.) At all times relevant, Myers was and is Plaintiff's General Partner. (FAC ¶ 16; Myers Decl. ¶¶ 4, 6‐7.) In 2011, Myers approached Defendant Sterling Construction Company, Inc. (“Defendant”) regarding a business arrangement in which Defendant would purchase a limited partnership interest in Plaintiff. (Myers sought out Defendant as a limited...

Excerpt: ...rs. The Department 53 Zoom ID is: 841 204 6267. Consistent with Local Rule 1.06(B), any party requesting oral argument on any matter on this calendar must comply with the following procedure. To request oral argument, you must call the Department 53 clerk at (916) 874‐ 7858 and opposing party by 4:00 p.m. the court day before the hearing. At the time of requesting oral argument, the requesting party shall leave a voice message to advise the cle...

Excerpt: ... Inc.'s demurrer to the complaint is ruled upon as follows. Both moving and opposing counsel failed to comply with CRC Rule 3.1110(b)(3)‐(4). Factual Background Plaintiffs allege that defendant sent them a total of at least 103 unsolicited commercial email advertisements in violation of Business & Professions Code §17529.5 and more specifically, subdivision (a)(2). This statute provides in pertinent part: (a) It is unlawful for any person or e...

Excerpt: ...841 204 6267. Consistent with Local Rule 1.06(B), any party requesting oral argument on any matter on this calendar must comply with the following procedure. To request oral argument, you must call the Department 53 clerk at (916) 874‐ 7858 and opposing party by 4:00 p.m. the court day before the hearing. At the time of requesting oral argument, the requesting party shall leave a voice message to advise the clerk that it has notified the opposi...

Excerpt: ...ons]. This will also apply to “Appearance Required” matters. The Department 53 Zoom ID is: 841 204 6267. Consistent with Local Rule 1.06(B), any party requesting oral argument on any matter on this calendar must comply with the following procedure. To request oral argument, you must call the Department 53 clerk at (916) 874‐ 7858 and opposing party by 4:00 p.m. the court day before the hearing. At the time of requesting oral argument, the r...

Excerpt: ...lpractice action. Plaintiff alleges that Defendants represented her in the underlying personal injury action (“Underlying Action”) against the City of Sacramento (“City”). Plaintiff was hit by a car while crossing an intersection. As a result of the accident, Plaintiff suffered fractures to her skull, nose, cheekbones, and the back of her neck. Plaintiff also suffered internal bleeding in the brain, is now partially blind, and suffered pe...

Excerpt: ...�). Petitioner entered a direct contract with Respondent, a general contractor, for the construction of improvements at the Subject Property. Bank of the West was the construction lender for the improvements. Respondent had actual knowledge of Bank of the West's role as lender. Respondent acknowledges it did not send a single‐page document entitled preliminary notice to Bank of the West, but contends that Bank of the West had actual notice of t...

Excerpt: ...he Department 53 Zoom ID is: 841 204 6267. Consistent with Local Rule 1.06(B), any party requesting oral argument on any matter on this calendar must comply with the following procedure. To request oral argument, you must call the Department 53 clerk at (916) 874‐ 7858 and opposing party by 4:00 p.m. the court day before the hearing. At the time of requesting oral argument, the requesting party shall leave a voice message to advise the clerk th...

Excerpt: ... production of documents pursuant to a subpoeana and, alternatively, as a petition for inspection of records under Penal Code § 1203.05. The Court first considers HMC's application in its nature as a petition under Pen. Code § 1203.05. Notably, HMC contends the documents sought are not actually subject to Pen. Code § 1203.05 and characterizes this application as a petition only because the Probation Dept. has stated its belief that the documen...

Excerpt: ...nce Required” matters. The Department 53 Zoom ID is: 841 204 6267. Consistent with Local Rule 1.06(B), any party requesting oral argument on any matter on this calendar must comply with the following procedure. To request oral argument, you must call the Department 53 clerk at (916) 874‐ 7858 and opposing party by 4:00 p.m. the court day before the hearing. At the time of requesting oral argument, the requesting party shall leave a voice mess...

Excerpt: ...� matters. The Department 53 Zoom ID is: 841 204 6267. Consistent with Local Rule 1.06(B), any party requesting oral argument on any matter on this calendar must comply with the following procedure. To request oral argument, you must call the Department 53 clerk at (916) 874‐ 7858 and opposing party by 4:00 p.m. the court day before the hearing. At the time of requesting oral argument, the requesting party shall leave a voice message to advise ...

Excerpt: ... along with the production of documents requested, is ruled upon as follows. *** If oral argument is requested, the parties must at the time oral argument is requested notify the clerk and the opposing party of the specific deposition(s) and/or document request(s) 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. *** Defendants' mem...

Excerpt: ...procedure, the hearing was simultaneously continued to 3/6/2020 to permit plaintiff to appear by telephone (despite his failure to file any opposition in advance of the 2/27/2020 hearing date). Prior to the continued hearing date of 3/6/2020, plaintiff filed on 3/2/2020 a peremptory challenge to Judge Krueger but because this peremptory challenge not filed until after the original 2/27/2020 hearing date on this demurrer, Judge Krueger previously ...

Excerpt: ...uired” matters. The Department 53 Zoom ID is: 841 204 6267. Consistent with Local Rule 1.06(B), any party requesting oral argument on any matter on this calendar must comply with the following procedure. To request oral argument, you must call the Department 53 clerk at (916) 874‐ 7858 and opposing party by 4:00 p.m. the court day before the hearing. At the time of requesting oral argument, the requesting party shall leave a voice message to ...

Excerpt: ...ent 53 Zoom ID is: 841 204 6267. Consistent with Local Rule 1.06(B), any party requesting oral argument on any matter on this calendar must comply with the following procedure. To request oral argument, you must call the Department 53 clerk at (916) 874‐ 7858 and opposing party by 4:00 p.m. the court day before the hearing. At the time of requesting oral argument, the requesting party shall leave a voice message to advise the clerk that it has ...

Excerpt: ...abuse/wrongful death action arises out of the decedent's eight‐day stay at a health facility, Mission Carmichael Healthcare Center, during which time she suffered a fecal impaction. Suit was commenced on 6/13/2019 against defendant SSC Carmichael Operating Company LP dba Mission Carmichael Healthcare Center (“SSC Carmichael”) and Does 1‐100. A month later and before the complaint was served, a First Amended Complaint (“1AC”) was filed...

Excerpt: ...matters. The Department 53 Zoom ID is: 841 204 6267. Consistent with Local Rule 1.06(B), any party requesting oral argument on any matter on this calendar must comply with the following procedure. To request oral argument, you must call the Department 53 clerk at (916) 874‐ 7858 and opposing party by 4:00 p.m. the court day before the hearing. At the time of requesting oral argument, the requesting party shall leave a voice message to advise th...

Excerpt: ...belatedly filed an opposition to this motion on 7/27/2020 but it was not considered. This is a personal injury action arising from an alleged defect in plaintiff's vehicle. According to the moving papers, the parties to this action mediated their dispute and entered into a written settlement agreement whereby defendant agreed to pay plaintiff a specified sum of money in exchange for a release of all claims and a dismissal of the action but plaint...

Excerpt: ... (“Coloma”) sold plaintiff the subject battery which is alleged to have been “manufactured and distributed by the LG Defendants,” with the latter term defined to include defendant LGC and defendant LG Chem America, Inc. (“LGCAI”). The complaint asserts various product liability claims, misrepresentation and statutory violations. Moving Papers. Defendant LGC moves to quash plaintiff's service of summons on the ground that latter cannot...

Excerpt: ... ID is: 841 204 6267. Consistent with Local Rule 1.06(B), any party requesting oral argument on any matter on this calendar must comply with the following procedure. To request oral argument, you must call the Department 53 clerk at (916) 874‐ 7858 and opposing party by 4:00 p.m. the court day before the hearing. At the time of requesting oral argument, the requesting party shall leave a voice message to advise the clerk that it has notified th...

Excerpt: ...Appearance Required” matters. The Department 53 Zoom ID is: 841 204 6267. Consistent with Local Rule 1.06(B), any party requesting oral argument on any matter on this calendar must comply with the following procedure. To request oral argument, you must call the Department 53 clerk at (916) 874‐ 7858 and opposing party by 4:00 p.m. the court day before the hearing. At the time of requesting oral argument, the requesting party shall leave a voi...

Excerpt: ...rs. The Department 53 Zoom ID is: 841 204 6267. Consistent with Local Rule 1.06(B), any party requesting oral argument on any matter on this calendar must comply with the following procedure. To request oral argument, you must call the Department 53 clerk at (916) 874‐ 7858 and opposing party by 4:00 p.m. the court day before the hearing. At the time of requesting oral argument, the requesting party shall leave a voice message to advise the cle...

Excerpt: ... the following documents, which were filed in support of their motion for summary adjudication as to Plaintiffs' First Amended Complaint (on statute of limitations grounds) (“MSA”): ∙ Exhibit B‐ 1 to the Compendium of Evidence (“COE”) in support of Defendants' MSA (CB&T Statement of Accounts dated November 28, 2008, Bates Stamp Nos. CBT‐IMG OOO12384‐00012387); ∙ Exh. T‐462 to COE (Exh. 462 to the October 18, 2018 Deposition of...

Excerpt: ...is:841 204 6267. Consistent with Local Rule 1.06(B), any party requesting oral argument on any matter on this calendar must comply with the following procedure. To request oral argument, you must call the Department 53 clerk at (916) 874‐ 7858 and opposing party by 4:00 p.m. the court day before the hearing. At the time of requesting oral argument, the requesting party shall leave a voice message to advise the clerk that it has notified the opp...

Excerpt: ...�� matters. The Department 53 Zoom ID is:841 204 6267. Consistent with Local Rule 1.06(B), any party requesting oral argument on any matter on this calendar must comply with the following procedure. To request oral argument, you must call the Department 53 clerk at (916) 874‐ 7858 and opposing party by 4:00 p.m. the court day before the hearing. At the time of requesting oral argument, the requesting party shall leave a voice message to advise ...

Excerpt: ...� matters. The Department 53 Zoom ID is:841 204 6267. Consistent with Local Rule 1.06(B), any party requesting oral argument on any matter on this calendar must comply with the following procedure. To request oral argument, you must call the Department 53 clerk at (916) 874‐ 7858 and opposing party by 4:00 p.m. the court day before the hearing. At the time of requesting oral argument, the requesting party shall leave a voice message to advise t...

Excerpt: ...ired” matters. The Department 53 Zoom ID is:841 204 6267. Consistent with Local Rule 1.06(B), any party requesting oral argument on any matter on this calendar must comply with the following procedure. To request oral argument, you must call the Department 53 clerk at (916) 874‐ 7858 and opposing party by 4:00 p.m. the court day before the hearing. At the time of requesting oral argument, the requesting party shall leave a voice message to ad...

Excerpt: ...is unopposed and grated. Evidentiary Objections The following evidentiary objections are overruled: ∙ Defendants' Evidentiary Objections to the Declaration of Ian W. Craig Nos. 4, 5, 7, 8, and 9; ∙ Defendants' Evidentiary Objections to the Declaration of Larry A. Carter Nos. 9 and 10 [with the exception of the last sentence: “The investigation into the Bank's wrongful conduct proceeded with due diligence, leading to the filing of this actio...

Excerpt: ...mpletely dependent on others for her survival. On April 21, 2017, Linda was admitted to Defendants' facility in the "Traditions Memory Care Program." Plaintiff alleges that Defendants' knew from its own assessment that Linda was at a high risk for falls, which required that she be assisted, supervised or monitored in a number of activities. Linda suffered 22 documented falls while at the facility. This matter was originally set for trial preferen...

Excerpt: ...nt 53 Zoom ID is: 841 204 6267. Consistent with Local Rule 1.06(B), any party requesting oral argument on any matter on this calendar must comply with the following procedure. To request oral argument, you must call the Department 53 clerk at (916) 874‐ 7858 and opposing party by 4:00 p.m. the court day before the hearing. At the time of requesting oral argument, the requesting party shall leave a voice message to advise the clerk that it has n...

Excerpt: ... 841 204 6267. Consistent with Local Rule 1.06(B), any party requesting oral argument on any matter on this calendar must comply with the following procedure. To request oral argument, you must call the Department 53 clerk at (916) 874‐ 7858 and opposing party by 4:00 p.m. the court day before the hearing. At the time of requesting oral argument, the requesting party shall leave a voice message to advise the clerk that it has notified the oppos...

Excerpt: ...e Required” matters. The Department 53 Zoom ID is: 841 204 6267. Consistent with Local Rule 1.06(B), any party requesting oral argument on any matter on this calendar must comply with the following procedure. To request oral argument, you must call the Department 53 clerk at (916) 874‐ 7858 and opposing party by 4:00 p.m. the court day before the hearing. At the time of requesting oral argument, the requesting party shall leave a voice messag...

Excerpt: ... The Department 53 Zoom ID is: 841 204 6267. Consistent with Local Rule 1.06(B), any party requesting oral argument on any matter on this calendar must comply with the following procedure. To request oral argument, you must call the Department 53 clerk at (916) 874‐ 7858 and opposing party by 4:00 p.m. the court day before the hearing. At the time of requesting oral argument, the requesting party shall leave a voice message to advise the clerk ...

Excerpt: ...The Department 53 Zoom ID is: 841 204 6267. Consistent with Local Rule 1.06(B), any party requesting oral argument on any matter on this calendar must comply with the following procedure. To request oral argument, you must call the Department 53 clerk at (916) 874‐ 7858 and opposing party by 4:00 p.m. the court day before the hearing. At the time of requesting oral argument, the requesting party shall leave a voice message to advise the clerk t...

Excerpt: ...e was the only authorized user who could withdraw or otherwise access funds from the account. They allege that unauthorized, fraudulent withdrawals were made on the account, and that BBVA represented that it froze the account, yet unauthorized charges continued to accrue. BBVA determined that Shannon Stokes (“Stokes”), who lives near plaintiff Linde's home, was responsible for the charges. After investigation, BBVA credit certain amounts, but...

Excerpt: ... Required” matters. The Department 53 Zoom ID is: 841 204 6267. Consistent with Local Rule 1.06(B), any party requesting oral argument on any matter on this calendar must comply with the following procedure. To request oral argument, you must call the Department 53 clerk at (916) 874‐ 7858 and opposing party by 4:00 p.m. the court day before the hearing. At the time of requesting oral argument, the requesting party shall leave a voice message...

Excerpt: ...iving injections in his eyes. He alleges that a co‐defendant California Pharmacy and Compounding Center, Inc.'s (“CPCC”) compounded the injected drug‐‐ Bevacizumab‐‐and sold it to Vitreo, which administered the injections. Bevacizumab is an “off label use of Avastin.” According to Gelso, he received an injection from a syringe that CPCC supplied and that was contaminated with silicone. The contamination allegedly damaged his vis...

Excerpt: ...quired” matters. The Department 53 Zoom ID is: 841 204 6267. Consistent with Local Rule 1.06(B), any party requesting oral argument on any matter on this calendar must comply with the following procedure. To request oral argument, you must call the Department 53 clerk at (916) 874‐ 7858 and opposing party by 4:00 p.m. the court day before the hearing. At the time of requesting oral argument, the requesting party shall leave a voice message to...

Excerpt: ... 841 204 6267. Consistent with Local Rule 1.06(B), any party requesting oral argument on any matter on this calendar must comply with the following procedure. To request oral argument, you must call the Department 53 clerk at (916) 874‐ 7858 and opposing party by 4:00 p.m. the court day before the hearing. At the time of requesting oral argument, the requesting party shall leave a voice message to advise the clerk that it has notified the oppos...

Excerpt: ...nce. (Dudensing Decl. ¶2.) Ms. Dudensing provided a dismissal without prejudice to Popp Littrell's counsel in June 2018. (Id. ¶6, Ex. 1.) In exchange, Ms. Dudensing attests that Popp Littrell's counsel agreed to take its motion to dismiss off of calendar. (Id. ¶3.) However, the motion remained on calendar and, purportedly unaware it remained on calendar, Plaintiff did not oppose the motion. The Court granted the unopposed motion to dismiss on ...

Excerpt: ...red” matters. The Department 53 Zoom ID is: 841 204 6267. Consistent with Local Rule 1.06(B), any party requesting oral argument on any matter on this calendar must comply with the following procedure. To request oral argument, you must call the Department 53 clerk at (916) 874‐ 7858 and opposing party by 4:00 p.m. the court day before the hearing. At the time of requesting oral argument, the requesting party shall leave a voice message to ad...

Excerpt: ...he Department 53 Zoom ID is: 841 204 6267. Consistent with Local Rule 1.06(B), any party requesting oral argument on any matter on this calendar must comply with the following procedure. To request oral argument, you must call the Department 53 clerk at (916) 874‐ 7858 and opposing party by 4:00 p.m. the court day before the hearing. At the time of requesting oral argument, the requesting party shall leave a voice message to advise the clerk th...

Excerpt: ...tters. The Department 53 Zoom ID is: 841 204 6267. Consistent with Local Rule 1.06(B), any party requesting oral argument on any matter on this calendar must comply with the following procedure. To request oral argument, you must call the Department 53 clerk at (916) 874‐ 7858 and opposing party by 4:00 p.m. the court day before the hearing. At the time of requesting oral argument, the requesting party shall leave a voice message to advise the ...

Excerpt: ...sborn when their vehicle was struck by plaintiff Regina Wander. Ms. Wander was fleeing another hit and run at the time, and has since pled nolo contendre to felony manslaughter. On August 22, 2017, Plaintiffs Angela Osborn, Kenneth C. Osborn, Samantha Osborn, Elizabeth Osborn, and Lucy Stern Guevara (together, “Osborn Plaintiffs”) filed this action against Hyundai Defendants alleging that Mr. Osborn's vehicle was defective and caused their de...

Excerpt: ... ID is: 841 204 6267. Consistent with Local Rule 1.06(B), any party requesting oral argument on any matter on this calendar must comply with the following procedure. To request oral argument, you must call the Department 53 clerk at (916) 874‐ 7858 and opposing party by 4:00 p.m. the court day before the hearing. At the time of requesting oral argument, the requesting party shall leave a voice message to advise the clerk that it has notified th...

Excerpt: ...lt, Plaintiff agreed to extend an additional $45,000 line of credit to Kura in exchange for the use of Kura's proprietary source code. Plaintiff alleges that defendant Doug Sumaraga, Kura's chief technology officer, intentionally provided the code in an encrypted format while still receiving the monetary benefit of the agreement. Plaintiff served Mr. Sumaraga with the complaint on October 18, 2019. On October 31, 2019, Plaintiff served Mr. Sumara...

Excerpt: ...he Department 53 Zoom ID is: 841 204 6267. Consistent with Local Rule 1.06(B), any party requesting oral argument on any matter on this calendar must comply with the following procedure. To request oral argument, you must call the Department 53 clerk at (916) 874‐ 7858 and opposing party by 4:00 p.m. the court day before the hearing. At the time of requesting oral argument, the requesting party shall leave a voice message to advise the clerk th...

Excerpt: ... hours of receipt. 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 the self‐ represented party need not request oral argument. The Litigation Coordinator shall make Plaintiff Clark available to participate in oral argument by CourtCall at 9:00 a.m. on the date of the continued hearing date, which will be 7/29/2020. T...

Excerpt: ...erica, LLC (“Defendant”). Plaintiffs allege that the Vehicle exhibited substantial engine defects and that Defendant refused to replace or repurchase the Vehicle. Plaintiffs filed this action on September 18, 2019. On October 12, 2019, Defendant's counsel requested an informal production of documents from Plaintiffs' counsel, which Plaintiffs then produced. The parties engaged in settlement discussions and a settlement release was signed by t...

Excerpt: ...s. The Department 53 Zoom ID is: 841 204 6267. Consistent with Local Rule 1.06(B), any party requesting oral argument on any matter on this calendar must comply with the following procedure. To request oral argument, you must call the Department 53 clerk at (916) 874‐ 7858 and opposing party by 4:00 p.m. the court day before the hearing. At the time of requesting oral argument, the requesting party shall leave a voice message to advise the cler...

Excerpt: ...rance Required” matters. The Department 53 Zoom ID is: 841 204 6267. Consistent with Local Rule 1.06(B), any party requesting oral argument on any matter on this calendar must comply with the following procedure. To request oral argument, you must call the Department 53 clerk at (916) 874‐ 7858 and opposing party by 4:00 p.m. the court day before the hearing. At the time of requesting oral argument, the requesting party shall leave a voice me...

Excerpt: ...en CARB failed to produce the requested records immediately, Mahan filed the present action seeking a writ of mandate commanding CARB to comply with his request. The Court has issued numerous orders over the long course of this case, and it does not repeat their contents here. It issued what turned out to be the final order on February 27, 2020. Mahan states in the current motion that he does not intend to further pursue this action. Instead, now...

Excerpt: ...er employer. The complaint alleges that plaintiff was originally hired as a manager in 1994, later being promoted to district manager before obtaining title of Chief Operating Officer. The complaint states that plaintiff's employment was terminated in August 2019 and proceeds to assert various causes of action under the Fair Employment & Housing Act (“FEHA”) and the California Family Rights Act (“CFRA”), as well as a common law claim for ...

Excerpt: ...ct 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. The notice of motion does not comply with Code of Civil Procedure §2023.040, stating that a discovery motion which seeks sanctions shall “identify every person, party, and attorney ag...

Excerpt: ...The Department 53 Zoom ID is: 841 204 6267. Consistent with Local Rule 1.06(B), any party requesting oral argument on any matter on this calendar must comply with the following procedure. To request oral argument, you must call the Department 53 clerk at (916) 874‐ 7858 and opposing party by 4:00 p.m. the court day before the hearing. At the time of requesting oral argument, the requesting party shall leave a voice message to advise the clerk t...

Excerpt: ...Kang, LLC's subpoenas seeking medical records, billing records and films from not only Sutter General Hospital but also Greenhaven Family Medicine is ruled on as follows. Moving counsel failed to comply with CRC Rule 3.1345(a)(5), requiring a separate statement to be filed in support of this motion to quash defendant's deposition subpoenas. Background This is an elder abuse action arising from the decedent Christine Patton's short stay at Laguna ...

Excerpt: ...g options]. This will also apply to “Appearance Required” matters. The Department 53 Zoom ID is: 841 204 6267. Consistent with Local Rule 1.06(B), any party requesting oral argument on any matter on this calendar must comply with the following procedure. To request oral argument, you must call the Department 53 clerk at (916) 874‐ 7858 and opposing party by 4:00 p.m. the court day before the hearing. At the time of requesting oral argument,...

Excerpt: ...uired” matters. The Department 53 Zoom ID is: 841 204 6267. Consistent with Local Rule 1.06(B), any party requesting oral argument on any matter on this calendar must comply with the following procedure. To request oral argument, you must call the Department 53 clerk at (916) 874‐ 7858 and opposing party by 4:00 p.m. the court day before the hearing. At the time of requesting oral argument, the requesting party shall leave a voice message to ...

Excerpt: ...to‐ bumper warranty and a 5‐year/60,000 miles powertrain warranty, which covers the engine and transmission. The warranty provided, in relevant part, that in the event a defect developed with the Vehicle during the warranty period, Plaintiffs could deliver the Vehicle for repair services to Defendant's representative and the Vehicle would be repaired. Plaintiffs allege that during a warranty period (though unspecified which warranty period), ...

Excerpt: ...Harrison and Gary Harrison, allege causes of action for: 1) failure to provide habitable dwelling, 2) breach of covenant and right to quiet enjoyment and possession of the property, 3) nuisance, 4) negligence, 5) violation of Civil Code (“CC”) section 1942.4, 6) violation of CC section 1942.5, and 7) wrongful retention of security deposit. The Complaint is premised upon Plaintiffs' allegations there were substandard living conditions at a par...

Excerpt: ...� matters. The Department 53 Zoom ID is:841 204 6267. Consistent with Local Rule 1.06(B), any party requesting oral argument on any matter on this calendar must comply with the following procedure. To request oral argument, you must call the Department 53 clerk at (916) 874‐ 7858 and opposing party by 4:00 p.m. the court day before the hearing. At the time of requesting oral argument, te requesting party shall leave a voice message to advise th...

Excerpt: ...ailure to take all reasonable steps to prevent retaliation, wrongful termination in violation of public policy, and defamation. Plaintiff alleges she was hired by “Morningstar” in April 2013 and that her employment was terminated on October 17, 2018. (Compl. ¶¶ 6‐8.) Tara Lopez, who handles human resources matters for “The Morning Star entities” declares that Plaintiff “began employment with The Morning Star Company in April 2013[,]...

Excerpt: ...cility (“SPA”). Defendants argue the Decedent signed an arbitration agreement on February 27, 2019, following his February 22, 2019 admission to SPA, and that said arbitration agreement provides for arbitration of the dispute, which is the subject of this action. Plaintiffs oppose the petition responding, inter alia, that the Decedent's signature on the arbitration agreement was obtained by fraud and misrepresentation. Specifically, Plaintiff...

Excerpt: .... If Defendant's counsel is unable to contact Plaintiff's counsel prior to the hearing, Defendant's counsel shall be available at the hearing, in person or by telephone, in the event Plaintiff's counsel appears without following the procedures set forth in Local Rule 1.06 (B). Defendant's motion to compel arbitration and to stay proceedings is DENIED. Evidentiary Objections The Court need not rule on Defendant's Objections to the Declaration of S...

Excerpt: ...laintiff”) First Amended Complaint is OVERRULED. Plaintiff's request for judicial notice is unopposed and is GRANTED. Overview Plaintiff is a company that provides a variety of energy saving LED lamps, fixtures, and lighting support. In May 2017, the director of the California Conservation Corps, Bill McNamara, recommended Barbara Waldron and her company, Plaintiff, to apply for a project in which Plaintiff would retrofit the lighting in Califo...

Excerpt: ...undai America Technical Center, Inc. (“HATCI”), and Hyundai of Roseville, LLC (“HOR”) (collectively the “Defendants”) compliance with the court's 2/19/2020 Order (ROA 284) is ruled upon as follows. Plaintiffs failed to comply with CRC Rule 3.1110(f)(3) which requires that each paper exhibit must be separated by a hard 8 ½” x 11” sheet with hard paper or plastic tabs extending below the bottom of the page, bearing the exhibit desi...

Excerpt: ... off‐the‐clock work, wages due to improper rounding, and wages due to its failure to properly calculate and pay all wages due), failing to provide compliant meal period and rest periods and associated premium pay, failing to timely pay wages during employment and upon termination of employment, failing to provide compliant wage statements, failing to maintain requisite payroll records, and failing to reimburse necessary business‐ related ex...

Excerpt: ... The Department 53 Zoom ID is: 841 204 6267. Consistent with Local Rule 1.06(B), any party requesting oral argument on any matter on this calendar must comply with the following procedure. To request oral argument, you must call the Department 53 clerk at (916) 874‐ 7858 and opposing party by 4:00 p.m. the court day before the hearing. At the time of requesting oral argument, the requesting party shall leave a voice message to advise the clerk ...

Excerpt: ...Appearance Required” matters. The Department 53 Zoom ID is: 841 204 6267. Consistent with Local Rule 1.06(B), any party requesting oral argument on any matter on this calendar must comply with the following procedure. To request oral argument, you must call the Department 53 clerk at (916) 874‐ 7858 and opposing party by 4:00 p.m. the court day before the hearing. At the time of requesting oral argument, the requesting party shall leave a voi...

Excerpt: ...t 53 Zoom ID is: 841 204 6267. Consistent with Local Rule 1.06(B), any party requesting oral argument on any matter on this calendar must comply with the following procedure. To request oral argument, you must call the Department 53 clerk at (916) 874‐ 7858 and opposing party by 4:00 p.m. the court day before the hearing. At the time of requesting oral argument, the requesting party shall leave a voice message to advise the clerk that it has no...

Excerpt: ...rs. The Department 53 Zoom ID is: 841 204 6267. Consistent with Local Rule 1.06(B), any party requesting oral argument on any matter on this calendar must comply with the following procedure. To request oral argument, you must call the Department 53 clerk at (916) 874‐ 7858 and opposing party by 4:00 p.m. the court day before the hearing. At the time of requesting oral argument, the requesting party shall leave a voice message to advise the cle...

Excerpt: ... Department 53 Zoom ID is: 841 204 6267. Consistent with Local Rule 1.06(B), any party requesting oral argument on any matter on this calendar must comply with the following procedure. To request oral argument, you must call the Department 53 clerk at (916) 874‐ 7858 and opposing party by 4:00 p.m. the court day before the hearing. At the time of requesting oral argument, the requesting party shall leave a voice message to advise the clerk that...

Excerpt: ...A”) for failure to: (1) pay overtime, (2) provide meal periods, (3) provide rest periods, (4) pay minimum wages, (5) timely pay wages upon termination, (6) timely pay wages during employment, (7) provide complete and accurate wage statements, (7) keep complete and accurate payroll records, and (8) reimburse necessary business expenses and costs. Plaintiff Alicia Luna asserts a single PAGA cause of action. Plaintiff alleges that Defendants emplo...

Excerpt: ...lleges that she worked for Defendants as a dental hygienist from 2008 to September 2019. Defendants petition the court for an order: (1) compelling Plaintiff to submit her individual claims to binding arbitration and (2) staying all civil court proceedings, including but not limited to Plaintiff's request for penalties under PAGA, until arbitration is completed. Defendants move to compel arbitration pursuant to two arbitration provisions. The fir...

Excerpt: ...red” matters. The Department 53 Zoom ID is: 841 204 6267. Consistent with Local Rule 1.06(B), any party requesting oral argument on any matter on this calendar must comply with the following procedure. To request oral argument, you must call the Department 53 clerk at (916) 874‐ 7858 and opposing party by 4:00 p.m. the court day before the hearing. At the time of requesting oral argument, the requesting party shall leave a voice message to ad...

Excerpt: ...ce Required” matters. The Department 53 Zoom ID is: 841 204 6267. Consistent with Local Rule 1.06(B), any party requesting oral argument on any matter on this calendar must comply with the following procedure. To request oral argument, you must call the Department 53 clerk at (916) 874‐ 7858 and opposing party by 4:00 p.m. the court day before the hearing. At the time of requesting oral argument, the requesting party shall leave a voice messa...

Excerpt: ...s of action and/or issues that will be addressed at the hearing. The parties are also reminded that pursuant to local court rules, only limited oral argument is permitted on law and motion matters. *** Defendants' Request for Judicial Notice is unopposed and is granted. The Court notes, however, that in taking judicial notice of these documents, the Court accepts the fact of their existence but not the truth of their contents, except as to the Oc...

Excerpt: ...olding Company, Inc. and Harry Mamizuka (together, "Defendant") failed to accurately calculate overtime wages, failed to provide accurate itemized statements, failed to pay waiting time penalties, and violated the Unfair Competition Law ("UCL"), Bus. & Prof. Code § 17200. Plaintiffs further allege that Defendant is liable for civil penalties under the Private Attorneys General Act ("PAGA"). The Court signed the order granting Plaintiffs' motion ...

Excerpt: ...tters. The Department 53 Zoom ID is: 841 204 6267. Consistent with Local Rule 1.06(B), any party requesting oral argument on any matter on this calendar must comply with the following procedure. To request oral argument, you must call the Department 53 clerk at (916) 874‐ 7858 and opposing party by 4:00 p.m. the court day before the hearing. At the time of requesting oral argument, the requesting party shall leave a voice message to advise the ...

Excerpt: ...” matters. The Department 53 Zoom ID is: 841 204 6267. Consistent with Local Rule 1.06(B), any party requesting oral argument on any matter on this calendar must comply with the following procedure. To request oral argument, you must call the Department 53 clerk at (916) 874‐ 7858 and opposing party by 4:00 p.m. the court day before the hearing. At the time of requesting oral argument, the requesting party shall leave a voice message to advis...

Excerpt: ...Department 53 Zoom ID is: 841 204 6267. Consistent with Local Rule 1.06(B), any party requesting oral argument on any matter on this calendar must comply with the following procedure. To request oral argument, you must call the Department 53 clerk at (916) 874‐ 7858 and opposing party by 4:00 p.m. the court day before the hearing. At the time of requesting oral argument, the requesting party shall leave a voice message to advise the clerk that ...

Excerpt: ...atters. The Department 53 Zoom ID is: 841 204 6267. Consistent with Local Rule 1.06(B), any party requesting oral argument on any matter on this calendar must comply with the following procedure. To request oral argument, you must call the Department 53 clerk at (916) 874‐ 7858 and opposing party by 4:00 p.m. the court day before the hearing. At the time of requesting oral argument, the requesting party shall leave a voice message to advise the...

Excerpt: ...d Complaint (“1AC”) asserts in pertinent part that this action is “brought on behalf of Plaintiff and other California non‐exempt employees who currently work or formerly worked for Il Fornaio (America) Corporation, a Delaware corporation,…within the State of California” and who were denied rest breaks, accurate wage statements and timely payment of final wages. (1AC, ¶¶1‐2.) Plaintiff propounded special interrogatories and interr...

Excerpt: ...Department 53 Zoom ID is: 841 204 6267. Consistent with Local Rule 1.06(B), any party requesting oral argument on any matter on this calendar must comply with the following procedure. To request oral argument, you must call the Department 53 clerk at (916) 874‐ 7858 and opposing party by 4:00 p.m. the court day before the hearing. At the time of requesting oral argument, the requesting party shall leave a voice message to advise the clerk that ...

Excerpt: ...ment under the Fair Employment and Housing Act. Plaintiff failed to file a FEHA charge within one year of the incident and therefore defendant contends she has failed to exhaust her administrative remedies. KB Home noticed the depositions of two workers compensation attorneys who represented plaintiff after the assault. The depositions were taken, but as stated in the moving Memorandum, defendant "...was unable to explore the communications betwe...

Excerpt: ... opposing counsel of the causes of action that will be addressed at the hearing. The parties are also reminded that pursuant to local court rules, only limited oral argument is permitted on law and motion matters. *** Defendants' request for judicial notice is granted. Overview This is an action for Inverse Condemnation against DFW alone, for Violation of 42 USC §1983 against Bartlett alone, and for Violation of Administrative Practices Act of C...

Excerpt: ... Department 53 Zoom ID is: 841 204 6267. Consistent with Local Rule 1.06(B), any party requesting oral argument on any matter on this calendar must comply with the following procedure. To request oral argument, you must call the Department 53 clerk at (916) 874‐ 7858 and opposing party by 4:00 p.m. the court day before the hearing. At the time of requesting oral argument, the requesting party shall leave a voice message to advise the clerk that...

Excerpt: ...ardt's (“Plaintiff”) counsel forthwith and to advise counsel of Local Rule 1.06 and the Court's tentative ruling procedure. If Golden 1's counsel is unable to contact Plaintiff's counsel prior to the hearing, Golden 1's counsel shall be available at the hearing, in person or by telephone, in the event Plaintiff's counsel appears without following the procedures set forth in Local Rule 1.06(B). Factual & Procedural Background This putative cla...

Excerpt: ...r of Tran's evidentiary objections since the subject evidence is immaterial to disposition of the motion. (See Code of Civ. Proc., § 437c, subd. (q).) Background This action arises out of a July 2015 Buy‐Sell Agreement (“Agreement”), in which Plaintiff Vector Fabrication, Inc. (“Vector”) agreed to sell 20% of its membership shares in Little Saigon Plaza Sacramento, LLC (“Little Saigon”) to Tran for $2.4 million. Tran paid $1.2 mill...