Excerpt: ...s. CDCR's request for judicial notice is GRANTED. This is a wrongful death action and survival action. Plaintiff M.B. is the minor son of former state prisoner, decedent Milton Beverly, Jr. (“Decedent”). Plaintiff alleges that Decedent was not provided with proper medical care, supervision, and suicide precautions while he was incarcerated at California State Prison, Sacramento, which caused Decedent to commit suicide on November 24, 2016. Pl...

Excerpt: ...version, private nuisance and interference with contract. The action arises from an alleged agricultural joint venture doing business as W.U.R.M. Assets, LLC, between Plaintiff Umashankar and Defendant Brian Radoo, Defendant Bobby Mohamed, and Scott Wallace. It is alleged that on May 10, 2018, that Defendants came to the property and began screaming, cursing and threatening them, locked up their dogs, brandished a gun and indicated that more guns...

Excerpt: ... 3.1113(d). Again, Defendants did not obtain an order from the Court allowing them to file such an oversized opposition memorandum. This is true despite the fact that the Court's previous ruling on the demurrer to the FAC cautioned Defendants that their failures to comply with the CRC could lead to the Court declining to consider their papers, or the entirety therof. The Court reluctantly considered the entirety of Defendants' memorandum, but may...

Excerpt: ...ific evidence which is claimed to show the existence or non‐existence of a triable issue of material fact. *** Defendant Dignity Health dba Mercy San Juan Medical Center's motion for summary judgment is GRANTED, as follows. Opposing counsel failed to comply with CRC Rule 3.1350(g), requiring a single volume of evidence (including declarations) with a table of contents when the evidence exceeds 25 pages. Both moving and opposing counsel failed t...

Excerpt: ... 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 in person or by telephone. Factual Background This is a nonjudicial foreclosure case. Plaintiff Kipgen now sues Bank for the third time, again asserting he is the successor ‐in‐interest...

Excerpt: ...in, Defendants did not obtain an order from the Court allowing them to file such an oversized opposition memorandum. This is true despite the fact that the Court's previous ruling on the demurrer to the FAC cautioned Defendants that their failures to comply with the CRC could lead to the Court declining to consider their papers, or the entirety thereof. The Court reluctantly considered the entirety of Defendants' memorandum, but may not do so in ...

Excerpt: ...gs in Dept. 54. 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, along with the correct time for hearings in Dept. 54. If moving counsel is unable to contact opposing counsel prior to hearing, moving counsel is ordered to appear at the hearing in person or by telephone. Factual Background Plaintiff AML is a manufacturer of e...

Excerpt: ...he Second Amended Complaint (“2AC”) is DENIED, as follows. The notice of motion does not comply with Code of Civil Procedure §1010 or CRC Rule 3.1110(a). Plaintiff failed to comply with CRC Rule 3.1110(b)(3)‐(4). Overview This is a non‐judicial foreclosure action arising out of plaintiff's $185,000 mortgage loan which originated in 2004. Plaintiff's 2AC purported to assert causes of action for (1) Violation of the Security First Rule; Po...

Excerpt: ...he Court's tentative ruling procedure. If Defendant's counsel is unable to contact opposing counsel prior to the hearing, Defendant's counsel shall be available at the hearing, in person or by telephone, in the event opposing counsel appears without following the procedures set forth in Local Rule 1.06 (B). Defendant's demurrer to Plaintiff Angelina Kubrakov's (“Plaintiff”) First Amended Complaint (“FAC”) is SUSTAINED with leave to amend....

Excerpt: .../or Crossroads Facility Services (collectively “Crossroads”). He claims that Crossroads reduced his hours and then terminated him because of his religion (Christian) and/or because he complained of discrimination. His complaint contains three causes of action: (1) religious discrimination in violation of the Fair Employment and Housing Act (“FEHA”); (2) retaliation in violation of FEHA; and (3) wrongful termination. Crossroads has now mov...

Excerpt: ...on to compel Defendant to provide full and complete responses to certain requests for production (set one) and produce responsive documents corresponding to those requests. Requests nos. 17 and 20‐25 relate to Defendant's investigations and analysis regarding the defects. Requests 7, 50 ‐52, and 65 relate to Defendant's warranty and repurchase policies. The Court's Order of 8/9/19 expressly overruled Defendant's objections to the requests for...

Excerpt: ... proposed new tentative ruling and will set this matter for hearing on January 8, 2020 and will allow further briefing by the parties on the proposed new tentative ruling. After the tentative ruling posted, the Court received [late‐filed] Plaintiff's Second Request for Judicial Notice which contained the California Supreme Court website docket listing for the matter of Ferra v. Loews Hollywood Hotel, No. S259172, indicating that a Petition for ...

Excerpt: ...ng 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. *** Defendant County of Sacramento's (“County”) motion for summary judgment, or in the alternative, summary adjudication is ruled upon as follows. I. Overview This is a wrongful death action. Plaintiffs are the heirs and successors‐in‐interest to decedent Jamari Moore (“Decede...

Excerpt: ... motion matters. *** Plaintiff Edward Mitchell's demurrer to Defendants ABM Industries, Inc., ABM Building Services, LLC, and ABM Building Solutions, LLC's (collectively “ABM”) answer is ruled upon as follows. This is a premises liability action. Plaintiff alleges that on 1/8/2018, he was an invitee at 500 David J. Stern Walk, Sacramento, California 95814 (“Premises”). The Premises was “owned, leased, operated, occupied, maintained, and...

Excerpt: ...its 1, 4‐9. His request is denied as to Exhibits 2‐3. Overview and Procedural History Gonzalez initially filed this action in pro per on 11/18/2015. His initial complaint asserted causes of action for negligence, intentional tort, and fraud against California State Automobile Association and DOES 1‐50. On 2/19/2016, Judge Cadei found Gonzalez to be a vexatious litigant in Gonzalez v. Kitay, Sacramento Superior Court Case No. 34‐2012‐ 00...

Excerpt: ..., failed to provide accurate and complete wage statements, failed to timely pay wages, and engaged in unfair business practices. Plaintiffs further allege that Defendant is liable for civil penalties under the Private Attorneys General Act (“PAGA”). The parties engaged in informal discovery and a full day of mediation. They now seek preliminary approval of their settlement for the gross settlement amount of $1,250,000 (“Gross Settlement”)...

Excerpt: ... Complaint, Plaintiff alleged three separate causes of action under the Fair Employment and Housing Act for age discrimination, harassment based on age, and retaliation. On September 4, 2019, after taking the matter under submission after hearing, this Court issued its order overruling in part and sustaining in part Defendants' demurrer to the original Complaint. In that order, the Court overruled the demurrer as to the First Cause of Action for ...

Excerpt: ...into an agreement with Sacramento City Unified School District (“SCUSD”) on November 21, 2014, titled the Internship Credential Program Agreement (the “Agreement”). (FAC ¶¶ 5‐9, Ex. A.) Plaintiff alleges that Defendant denied Plaintiff the opportunity to finish his internship courses, including failing to give Plaintiff advice and mentorship and otherwise support him in good faith, and ultimately ending his participation in the intern...

Excerpt: ...icipate in any oral argument on the continuance date. Defendant Jennifer Shaffer's demurrer to self‐represented Plaintiff Reginald Wheeler's First Amended Complaint (FAC) is sustained. The Court notes that Plaintiff's Opposition was not timely filed and served pursuant to Code of Civil Procedure section 1005(b). The Court, however, exercises its inherent and authority and discretion and has considered the Opposition, particularly in light of De...

Excerpt: ... SMUD served Plaintiff with a notice of deposition, setting her deposition for September 4, 2019. (Webber Decl. Ex. 2.) As Plaintiff's counsel was unavailable, the parties agreed to a deposition date in early October, and SMUD re‐noticed the deposition for October 10. (Id. Ex. 5.) On October 1, Plaintiff's counsel stated that they were still in trial during the week of October 10, so SMUD's counsel requested that Plaintiff's counsel provide new...

Excerpt: ...objections are OVERRULED. Factual Background Raymond and his wife, Joanne, reside in a house in Elk Grove with their two children and their two dogs, Butter and Milo. (UMF 2‐6, 9.) Raymond purchased the house in 2003 and is the only person named on the deed of trust. (UMF 2, 3.) In 2014, Joanne opened Wandering Boba, a food truck business. (UMF 13.) Wandering Boba is a sole proprietorship and Joanne is doing business as (“dba”) Wandering Bo...

Excerpt: ...y 21, 2019, Defendant D&S (“Defendant”) served form and special interrogatories and a request for production of documents on Plaintiff. Plaintiff failed to respond to the discovery requests, despite multiple extensions of time to do so. Having failed to obtain responses to the discovery requests, Defendant filed motions to compel the responses, which Plaintiff did not oppose and which this Court granted on July 16, 2019. The Court's order dir...

Excerpt: ...gust 2017, alleging numerous causes of action against Defendant arising from Plaintiff's purchase of two vehicles from Defendant. On January 22, 2019, the Court granted Defendant's unopposed motion to compel arbitration, on the grounds that an arbitration clause exists in the sales contract. (MacAdam Decl. Exs. B, C.) Plaintiff then sent a Demand for Arbitration in July 2019, listing his damages in excess of $500,000. (Id. Ex. D.) Accordingly, th...

Excerpt: ...y served on January 15, 2018 at 12054 Country Garden Drive, Rancho Cordova. (ROA 4.) Defendant did not answer the Complaint, and Plaintiff moved for default. Default judgment was entered against Defendant on April 6, 2018. Defendant now moves to vacate the default, on the grounds that she was never served with the lawsuit. Defendant provides a declaration in which she attests that she never received notice of the lawsuit, and that the address whe...

Excerpt: ...urred on April 7, 2017, wherein Plaintiff was driving through the window of Krispy Kreme Doughnuts on Florin Road in Sacramento. Plaintiff ordered several items, including two hot coffee drinks. Plaintiff alleges she was handed a coffee cup with a lid that was not properly placed, causing the coffee to splash and spill on Plaintiff, causing personal injury to Plaintiff. Plaintiff's FAC alleges causes of action for (1) negligence, (2) premises lia...

Excerpt: ... 46). Default was entered against Defendant on August 1, 2019. (ROA 84.) Plaintiff's proof of service of the third amended complaint on Defendant was filed on July 18, 2019. (ROA 82.) The proof of service states Defendant was served on Vasik Mohammed, who was authorized to accept service, on May 23, 2019, at 8600 Sepulveda Bldv. #5, North Hills, California 91343. (Id.) Defendant alleges that this service was ineffective. Defendant also moves to q...

Excerpt: ...iffs Sonya Pauley, Zina Claunch, and Melani Pahota filed their complaint for medical malpractice and wrongful death on April 3, 2018, related to Decedent's pancreatic cancer. (ROA 1.) Plaintiffs allege that on or about August 16, 2016, Decedent was treated by Defendants. (Compl. ¶ 7.) Plaintiffs allege that Decedent was diagnosed with pancreatic cancer on March 3, 2017 (id. ¶ 8), but that the cancer was depicted on an MRI taken by Defendants on...

Excerpt: ...per 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, 1682‐83; see also Code of Civ. Proc. § 437.) More specifically, a motion to strik...

Excerpt: ...ollowing relief: "Defendants request an order confirming no additional payments are due, the case is dismissed pursuant to the Settlement Agreement, and ordering removal of the Lis Pendens so that Defendants can proceed with refinance of the property as contemplated in the Stipulated Settlement." Defendants seek $2,156.25 for attorney fees for fees incurred in preparing this motion pursuant to the agreement. A settlement conference was conducted ...

Excerpt: ...ther sanctions including evidence, issue, and terminating sanctions. Plaintiffs served defendant with Requests for Production but received no response. On May 23, 2019, the Court granted plaintiff's Motion to Compel and set a deadline for Defendant to respond to the requests by June 3, 2019. Having still received no responses, the plaintiffs applied for an OSC re Contempt as well as monetary sanctions on July 31, 2019. On August 27, 2019 the Cour...

Excerpt: ...ore, it contends the seventh cause of action fails to state facts sufficient to constitute a cause of action (Code of Civ. Proc, § 430.10, subd. (e).) Defendant further contends the seventh cause of action, for Fraud by Omission, is uncertain, ambiguous, and/or unintelligible. (Code of Civ. Proc, § 430.10, subd. (f).) Finally, it contends the violates the Economic Loss Rule and thus fails to state facts sufficient to constitute a cause of actio...

Excerpt: ...1. Defendant seeks to compel contractual arbitration in accordance with the Synchrony Bank/Walmart Credit Card Agreement. When presented with a petition to compel arbitration, the initial issue before the court is whether an agreement has been formed. (American Express Co. v. Italian Colors Restaurant (2013) 570 U.S. 228, 233 [133 S.Ct.2304, 2306, 186 L.Ed.2d 417] [arbitration is a matter of contract]; Pinnacle Museum Tower Assn. v. Pinnacle Mark...

Excerpt: ...39;s Motion for Summary Judgment is denied. Defendant Candalla's Evidentiary Objections to the late filed reply evidence are granted. Plaintiff seeks summary judgment against defendant Maria Candalla. In this action self‐represented Plaintiff alleges causes of action for professional negligence/medical malpractice and for violation of the Bane Act stemming from care he received while in the custody of the Sacramento County Sheriff's Dep...

Excerpt: ...Keven Terry and Karan Terry's Motion to Strike portions of the First Amended Complaint is granted as follows: The matter was continued to this date to allow the filing of a compliant meet and confer declaration that meets the requirements of CCP 430.41. The declaration filed by Nicholas Lazzarini meets those requirements. A motion to strike is appropriate to strike out any irrelevant, false or improper matter asserted in any pleading and the ...

Excerpt: ... Demurrer to the Defendant May‐Han Electric Inc. dba M&M Electric's (“Defendant”) Answer is SUSTAINED with leave to amend. This action arises from an incident where an underground gas line exploded near Plaintiff's home, allegedly damaging Plaintiff's property. Plaintiff filed her Complaint on July 8, 2019, and Defendant filed its Answer on August 19, 2019. Defendant's Answer contains four affirmative defenses. Plaintiff argues that the dem...

Excerpt: ...ant”) Motion to Compel Plaintiff Jonathan Billiet (“Plaintiff”) to Arbitration is DENIED. Plaintiff worked for Defendant from August 15, 2017 to May 19, 2018. On May 24, 2019, Plaintiff filed this action against Defendant, alleging violations of the Private Attorneys General Act of 2004, Labor Code section 2698 et seq. (“PAGA”), including meal period violations, rest period violations, and a failure to pay missed meal period premiums. D...

Excerpt: ...ets' Motion to Amend Minute Order issued on August 20, 2019 to correct clerical error is ruled on as follows: On August 20, 2019 the Court issued a minute order awarding plaintiff $11,305 in attorneys fees. No request for oral argument had been made. The order became final. Moving party filed this motion within 10 days, contending that there was a clerical error in the math calculation to reach the amount of attorneys fees awarded. Vorobets s...

Excerpt: ...dant Wellspace Health's motion for summary judgment or in the alternative, summary adjudication as against plaintiff in pro per is ruled on as follows. Moving counsel failed to comply with CRC Rule 3.1350(b) and (h), requiring that issues presented for summary adjudication be set forth in the notice of motion and repeated verbatim in the separate statement. Moving counsel failed to comply with CRC Rule 3.1350(g), requiring a single volume of evid...

Excerpt: ...efendant Becky Sunahara's Motion to Set Aside Default and Quash Service of Summons is denied. This matter was continued from September 4, 2019 after oral argument for further briefing. Plaintiff's supplemental opposition presents evidence that defendant responded to his May 2012 emails about the legal fees she owed him in excess of $12,000, therefore showing she was aware of the sums due for his legal services. Defendant told plaintiff sh...

Excerpt: .... Additional information regarding this policy can be found on the Court's website at www.saccourt.ca.gov. Plaintiff Richard Smigelski's (“Plaintiff”) motion for an order requiring Defendants to send a corrective notice pursuant to this Court's March 11, 2016, and April 22, 2016 Orders is ruled upon as follows. Factual and Procedural Background Plaintiff filed this instant action on November 17, 2015. Originally, Plaintiff only asserted a sin...

Excerpt: ...iff Northern California Collective Service, Inc.'s (“Plaintiff”) motion to compel defendant the Shutter Source USA, Inc. (“Defendant”) to serve further responses to Plaintiff's request for production, set two, numbers 8, 13, 15, 17, and 18 is ruled upon as follows. Plaintiff is the assignee for collection for State Compensation Insurance Fund. Plaintiff's collection complaint, filed March 7, 2018, alleges two common counts for an open...

Excerpt: ...licy Regarding Availability and Unavailability of Official Court Reporters. Additional information regarding this policy can be found on the Court's website at www.saccourt.ca.gov This matter was continued to this date from September 12, 2019. The parties were directed to meet and confer on a possible protocol for inspection of plaintiff's smart phones and computers. The Joint Statement filed September 20, 2019 states that the parties have be...

Excerpt: ... requested, the parties must at the time oral argument is requested notify the clerk and opposing counsel of the specific grounds for the motion 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. *** Plaintiff in pro per Taylor's third Motion for Judgment on the Pleadings is DENIED, as follows. Plaintiff's declaration in support of t...

Excerpt: ...ww.saccourt.ca.gov. *** *** If oral argument is requested, the parties are directed to notify the clerk and opposing counsel at the time of the request which of moving defendant's six (6) Undisputed Material Facts and/or which of plaintiffs' seven (7) Additional Material Facts will be addressed at 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 iss...

Excerpt: ...nt Corey Travis' motion for summary judgment or in the alternative, summary adjudication as against plaintiffs in pro per is ruled on as follows. The notice of motion does not provide notice of the Court's tentative ruling system, as required by Local Rule 1.06. Moving counsel is directed to contact plaintiffs in pro per and advise them of Local Rule 1.06 and the Court's tentative ruling procedure and the manner to request a hearing. If moving co...

Excerpt: ...andez and Santos Ruiz's unopposed petition to compel is granted. Petitioners purchased a used car from Pars Auto Wholesale, Inc. pursuant to a Retail Installment Sales Agreement (“RISC”) which was later assigned to Westlake Services, LLC. The RISC contains an arbitration provision requiring arbitration of any claim or dispute related to the vehicle and/or the RISC. Petitioners are permitted to select AAA or any other arbitration organization ...

Excerpt: ...at www.saccourt.ca.gov. Defendants Walter Dahl and Dahl Law's motion to strike portions of Plaintiffs Emily and Clinton Walker's first amended complaint (“FAC”) is ruled upon as follows. The parties' requests for judicial notice are granted. In this legal malpractice action Plaintiffs allege causes of action for professional negligence, breach of fiduciary duty and breach of contract against Defendants. Plaintiffs allege that Defendants repre...

Excerpt: ...tion subpoenas is ruled upon as follows. This is an action for negligence, sexual battery and battery between a high school teacher and his minor student. Trial has been continued three times. Trial was initially scheduled for 5/7/2018. Plaintiff moved to continue trial pursuant to the parties' stipulation. The Court granted the motion and rescheduled trial for 9/11/2018. The Court's order stated that “all the statutory deadlines, including dis...

Excerpt: ...rget Corporation and Chris Nezbeth's motion for summary judgment, or in the alternative, summary adjudication, is ruled upon as follows. In this slip and fall action, Plaintiff Brandie Daniel alleges a cause of action for premises liability against Defendants. Plaintiff alleges that she was injured when she slipped and fell on a “wet substance” during an April 8, 2017 visit to a Target store on Fulton Avenue. Any party may move for summary ju...

Excerpt: ...row, LLC, Mitchell Lopez and David Siegl's (collectively “Kong Grow”) motion for determination of good faith settlement is granted. The parties' requests for judicial notice are granted. Plaintiffs California Gown, Green Wave Farm, and Green Wave, Inc. filed their complaint against Kong Grow and non‐moving Defendant Lopez AG Service, Inc., Jeremy Olen, Alfred Lopez, and Alfred Lopez, Jr. Plaintiffs allege causes of action for negligence, ne...

Excerpt: ...ees and costs pursuant to settlement agreement is ruled upon as follows. Overview This is a lemon law action. On July 2016, Plaintiff purchased a new 2016 Jeep Cherokee. The vehicle was delivered to Plaintiff with serious defects and nonconformities to warranty and developed other serious defects and nonconformities to warranty including, but limited to, various engine, transmission, steering/suspension, and structural defects. Plaintiff filed th...

Excerpt: ...lan Gruenefeldt's unopposed demurrer to Plaintiff Casey Woodbury's third amended complaint is sustained without leave to amend. Plaintiff alleges two causes of action against Defendant for patient abandonment and NIED arising from connection with the treatment and care of his mother Helen Woodbury in April 2016. On June 3, 2019, the Court sustained Defendant's demurrer to these causes of action with leave to amend for failure to state facts suffi...

Excerpt: ...laintiff Eli Aramouni's “motion for decree of involuntary dissolution of corporation [Corp. Code §1800] and appointment of receiver for winding up and liquidating corporate assets [Corp. Code §1803]” is denied, without prejudice as set forth below. Plaintiff's request for judicial notice is granted. In this action, Plaintiff filed his verified complaint against Defendant 1st Choice DVBE, Inc. (“1st Choice”) seeking involuntary dissoluti...

Excerpt: ...ive September 23, 2019, official court reporters will not be available in Departments 53 and 54, with exceptions listed in the Court's Policy Regarding Availability and Unavailability of Official Court Reporters. Additional information regarding this policy can be found on the Court's website at www.saccourt.ca.gov In the Complaint, Plaintiff alleges causes of action for breach of contract and foreclosure of security interest against Defendant Cr...

Excerpt: ...iff Kent Taylor's (“Plaintiff”) Motion to Reclassify this Action from “Limited Civil” to “Unlimited Civil” is DENIED. This is a landlord‐tenant action. On August 8, 2019, this Court granted Defendant Logos Property Investments LLC's ("Defendant") Motion to Reclassify Case From "Unlimited Civil" to "Limited Civil." (ROA 133.) In its ruling, the Court explained, “A motion to reclassify an unlimited case t...

Excerpt: ...oila Esparaza's (“Plaintiff”) Motion to Compel Defendant Lefever Mattson Property Management (“Defendant”) to comply with its responses to Plaintiff's Request for Production (“RFP”) (Set One), Nos. 1‐4 and 8‐10 is ruled on as follows. In this action, Plaintiff alleges that Defendant wrongfully entered Plaintiff's rental unit and damaging and/or stealing items of Plaintiff's personal property. Plaintiff alleges causes of action aga...

Excerpt: ....ca.gov Defendant HBE Corporation's (“HBE”) Motion to Compel Arbitration of Plaintiff Gudgel Roofing, Inc. dba Yancey Roofing, Inc. (“Plaintiff”) and Stay the Action is GRANTED. Overview This is a construction defect action. On June 18, 2012, HBE entered into a designbuild contract (“Prime Contract”) with Willits Hospital, Inc. dba Frank R. Howard Memorial Hospital to construct the Frank R. Howard Memorial Hospital in Willits, Califor...

Excerpt: ...l not be available in Departments 53 and 54, with exceptions listed in the Court's Policy Regarding Availability and Unavailability of Official Court Reporters. Additional information regarding this policy can be found on the Court's website at www.saccourt.ca.gov Since both motions are brought on the same grounds and plaintiff has filed a joint opposition to the motions, the Court issues one ruling for both motions. Evidentiary Objections Garvey...

Excerpt: ...icial Court Reporters. Additional information regarding this policy can be found on the Court's website at www.saccourt.ca.gov On May 20, 2019, the Court entered an order granting preliminary approval of class action settlement, thereby preliminarily approving the terms of the settlement. By this motion, Plaintiff now seeks final approval of the settlement. This is a wage and hour action brought by Plaintiff on behalf of a class of approximately ...

Excerpt: ...*** This matter is on calendar for oral argument only. The tentative ruling previously issued by the Court is set forth below. This matter was originally set for hearing on 8/7/2019 but was continued to this date to permit the Court to consider plaintiff's opposition papers and to permit defendants to file a reply to his opposition. The Court, having now considered the opposition and reply papers, issues the following tentative ruling. Defendants...

Excerpt: ...dants' motion to re‐open discovery is GRANTED, as follows. Factual Background This action was commenced in September 2016 and both sides have had several different attorneys. The action has been set for trial several times but it has been continued for various reasons, twice at the request of plaintiff and twice at the request of defendants. Of particular note, when the matter was called for trial in March 2019, defendants reported that their a...

Excerpt: ...ion to quash the subpoena issued to the Department of Motor Vehicles (“DMV”) by defendant California Department of Corrections and Rehabilitation (“CDCR” or “Defendant”) is ruled upon as follows. The operative Fourth Amended Complaint alleges a single claim for retaliation in violation of FEHA. Plaintiff generally alleges CDCR retaliated against her and refused to return her to work in retaliation for her 1999 sexual harassment and di...

Excerpt: ...tiff”) motion to quash the subpoenas issued to Dignity Health Medical Foundation and CVS Pharmacy for Plaintiff's medical and pharmacy records is GRANTED. Defendants' request for judicial notice is granted. This is an employment action in which Plaintiff alleges causes of action for Retaliation for Disclosure of Information to a Government or Law Enforcement Agency and Disability Discrimination against Dignity Health Foundation, Dignity Health ...

Excerpt: ...s “Motion to Enforce Settlement Agreement and Enter a Judgment Pursuant to the Terms of the Settlement” is ruled on as follows. The notice of motion does not provide notice of the Court's tentative ruling system, as required by Local Rule 1.06, and does not provide the correct address for Dept. 53/54. 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...

Excerpt: ...s (“Plaintiff”) motion for preliminary injunction is DENIED. This action concerns commercial real property located at 8633 Antelope North Road, Antelope, California 95843. Plaintiff alleges he is the owner of the property. Plaintiff alleges the property was sold to him by defendant Michael Urbancic pursuant to a Settlement Agreement the parties reached in a separate litigation matter (Case No. 34‐ 2010‐0087710). Plaintiff alleges that und...

Excerpt: ...18. No other extrinsic evidence can be considered. Ion Equipment Corp v Nelson (1980) 110 Cal.App.3d 868, 881. Therefore, the Court does not consider extrinsic evidence in ruling on whether a pleading is sufficient on its face. The Plaintiff filed a 36 page opposition on August 26. No opening or responding memorandum may exceed 15 pages, without advance court permission. CRC 3.1113 (d). No permission to exceed page limitations was sought or obtai...

Excerpt: ...barred pursuant to Maldonado v. Epsilon Plastics, Inc. (2018) 22 Cal.App.5th 1308. This is a wage and hour class action and representative Private Attorney General's Act (“PAGA”) action. In her third cause of action, Plaintiff Janelle Murphy (“Plaintiff”) alleges that Defendants violated Labor Code §226(a)(9) by not specifying all applicable hourly rates of pay and number of hours worked on the wage statements issued to Plaintiff and cla...

Excerpt: ...tiary objections are sustained for the reasons stated therein. Plaintiff notes that the motion was not timely served (16 court days plus four calendar days instead of five calendar days) however plaintiff has responded on the merits and the court will rule on the merits of the motion despite its untimeliness. See, e.g. Carlton v. Quint (2000) 77 Cal.App.4th 690, 696‐698; Cowan v. Krayzman (2011) 196 Cal. App. 4th 907, 918. This action arises fr...

Excerpt: ...that Jade Nicole is a registered process server. The summons given to Mr. Hardiman was left completely blank. That is, in section 1 of the summons, there was no indication in the notice to person served as to whether the service was made to an individual defendant or on behalf of another party. Further, there is no indication as to the manner of delivery. Subsequently, on or about May 2, 2019, Jade handed an identical set of papers to Greg Voetsc...

Excerpt: ...r the death of Erica Hann under the theory of respondeat superior because its employee, defendant Rumberger, was acting in the course and scope of employment at the time of the fatal accident. In this wrongful death action Tyler Rumberger fatally injured Erica Hann at approximately 11:44 a.m. on April 24, 2018. Rumberger was driving has 2017 Ford F150 pick‐up truck and hit Hann as she was crossing Grasslands Drive within the north cross‐walk ...

Excerpt: ...fs Steven T. Swanson, David R. Swanson, and Luke Dedman's (together “Plaintiffs”) grandfather Salvin Swanson purportedly executed an agreement with Ms. Williams and her brother, Richard Dorman. Prior to the transaction, Mr. Swanson, Ms. Williams, and Mr. Dorman jointly held title to a commercial property in Sacramento (“the Property”). Mr. Swanson held a 50% interest, Ms. Williams held a 25% interest, and Mr. Dorman held a 25% interest. A...

Excerpt: ...ys' fees as a matter of law via contract or statute, and thus Plaintiffs' request for attorneys' fees in the TAC is improper and should be stricken. Defendant asserts that although not stated expressly in the TAC, Plaintiffs have separately stated that they will seek attorney fees pursuant to Paragraph 15 of the Sales Agreement between Dr. Wong and Defendant. Paragraph 15 is titled “Indemnity” and states in relevant part: “The Customer here...

Excerpt: ...t to specific evidence which is claimed to show the existence or non‐existence of a triable issue of material fact. *** Defendant California Department of Water Resources' (“DWR”) motion for summary judgment/adjudication is ruled on as follows. Moving counsel failed comply with CRC Rule 3.1350(b) and (h), requiring that issues presented for summary adjudication be stated in the notice of motion and repeated verbatim in the separate statemen...

Excerpt: ... against a number of her properties in order to fund his cannabis business. Plaintiff alleges that various hard money lenders, financial institutions, escrow/title companies, and mobile notary services are liable for various causes of action with respect to the financial transactions. Nott is one of the mobile notary defendants. Plaintiff filed the SAC on June 18, 2019, alleging the following ten causes of action: (1) declaratory relief; (2) canc...

Excerpt: ...ion arguing insufficient notice of the motion was provided, but this argument was not raised in the memorandum in opposition and Cross‐Complainant provided a substantive opposition, thereby demonstrating no prejudice has been suffered due to any defective service. Therefore, the Court need not drop this motion for defective service. The Court also notes Cross‐Complainant miscalculated the opposition's due date as August 26, 2019. Nine Cou...

Excerpt: ...aina Mensah‐Paul alleged causes of action against Defendants Calfox, Inc., et al. for negligence and premises liability in connections with injuries she sustained when she allegedly tripped and fell on a curb in Defendants' parking lot. The Court issued a tentative ruling granting Defendants' motion for summary judgment. Plaintiff did not file a written opposition to the motion. However, she appeared at the May 30, 2019 hearing and the Court to...

Excerpt: ...s not provide notice of the Court's tentative ruling system as required by with C.R.C., Rule 3.1308 and Local Rule 1.06(D). Local Rules for the Sacramento Superior Court are available on the Court's website. Counsel for moving party is ordered to notify opposing party immediately of the tentative ruling system and to be available at the hearing, in person or by telephone, in the event opposing party appears without following the procedure...

Excerpt: ...CA”) based upon allegations that defendants Kaiser Foundation Health Plan, Inc. (“Kaiser”) and KP Cal were over billing Medi‐Cal by millions of dollars per month. Specifically, Plaintiff alleges Defendants were collecting monthly insurance premiums from Medi‐Cal for patients who Defendants were already receiving monthly insurance premiums for, from another source. Plaintiff has also alleged personal claims for breach of contract, breach...

Excerpt: ...et for hearing on 10/2/2019 at 9:00 a.m., as follows. This putative class action was commenced by plaintiff on 5/21/2019. On 6/17/2019 DTE filed a petition to compel arbitration which Code of Civil Procedure §1281.7 permits to “be filed in lieu of filing an answer to a complaint.” Notably, DTE's petition also included an explicit request to stay proceedings pending the Court's ruling on the petition to compel arbitration as permitted by Code...

Excerpt: ...irected 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 in person or by telephone. Both moving and opposing counsel failed to comply with CRC Rule 3.1110(b)(3)‐(4). Factual Back...

Excerpt: ...for Entry of Default and Judgment, counsel discovered that their client had recalled the file. Counsel failed to recall the default packet from the court and the court entered judgment on March 21, 2019. Plaintiff now states that the entry of default and judgment was in error and seeks to vacate both. Plaintiff presents this request for relief pursuant to Code of Civil Procedure section 473 (b), which provides that the court may, upon any terms a...

Excerpt: ...able complaint under the California False Claims Act (“CFCA”). “The court shall limit the scope of discovery if it determines that the burden, expense or intrusiveness of that discovery clearly outweighs the likelihood that the information sought will lead to the discovery of admissible evidence. The court may make this determination pursuant to a motion for protective order by a party or other affected person.” (CCP § 2017.020(a).) “[...

Excerpt: ...hich provides that a bank may only charge against a customer's account an item that “is properly payable from that account” meaning that it is “authorized by the customer and is in accordance with any agreement between the customer and the bank.” (Comm. Code § 4401(a).) Plaintiff alleged that Umpqua charged its account in the amount of $154,811.28 based on a check written to and signed by Corrine Rankin, who it alleged was not authorized...

Excerpt: ... failed to provide him commissions on certain jobs, and failed to provide him information to verify GCCR's commission totals. At issue on this motion are GCCR's responses to Plaintiff's request for production Nos. 7‐14 and 20 which relate payments to certain parties and scopes of work and other documents related to the calculation of Plaintiff's commissions. GCCR interposed the identical objection to requests 7‐14: “Objection. This request ...

Excerpt: ...f good faith and fair dealing, tortious breach of the implied covenant of good faith and fair dealing and “bad faith” in connection with allegations that Defendant failed to honor a vehicle theft insurance contract. Plaintiff alleges that her vehicle was stolen and that Defendant improperly denied her claim under the insurance policy. Defendant moves for summary judgment/adjudication. Trial was set for September 16, 2019, but the Presiding Ju...

Excerpt: ...ccordingly, on or about July 15, 2019, Defendants issued subpoenas for Plaintiff's medical and employment records to determine the veracity of her claims and the nature and extent of her injuries. On July 23, 2019, Plaintiff sent Defendants' counsel a correspondence purporting to meet and confer regarding the subpoenas. Therein, Plaintiff stated that she would be "directing" all subpoenaed third parties to redact responsive docume...

Excerpt: ... states facts sufficient to constitute a cause or causes of action against the defendant and the answer does not state facts sufficient to constitute a defense to the complaint." (C.C.P. 438(c)(1)(A).) The grounds for the motion shall appear on the face of the challenged pleading or from any matter of which the court is required to take judicial notice (CCP. § 438 (d) ). The Court properly takes judicial notice of the fact that defendant has...

Excerpt: ...ants Melinda Lorenz‐Anderson's ("Lorenz‐Anderson”) demurrer to Plaintiff Nancy Michaels' first amended complaint (“FAC”) is ruled upon as follows. Overview This case follows Plaintiff Nancy Michaels' promotion and subsequent demotion while employed by Co‐Defendant CalPERS. Plaintiff alleges that Lorenz‐Anderson, Plaintiff's coworker at CalPERS, obtained Plaintiff's confidential employment information and delivered it to ...

Excerpt: ...nterprise Co. (“HP”) and Yee‐Wee Chen Wang's (“Wang”) (collectively “Defendants”) motion for protective order is ruled upon as follows. This is a personal injury case involving a vehicle collision. Plaintiffs allege that Wang and, her employer, HP, are liable for their injuries. According to Defendants, moments prior the accident Wang was driving at or below the speed limit and was reasonably attentive to her surroundings when an un...

Excerpt: ...h, and based on the purported lack of authorization, seeks indemnity and breach of fiduciary duty from Franklin. Defendant Franklin contends that he has already been determined to be plaintiff's agent, in a related action brought by the third party, Lonich, against Blakefield. Blakefield, as the alleged principal, alleges causes of action for Equitable Indemnity, Breach of Fiduciary Duty, and Tort of Another against Franklin, the his agent. I...

Excerpt: ...nating, issue, evidentiary and monetary sanctions against defendant Raptis and to compel the latter's further responses to special interrogatories and requests for production is GRANTED IN PART and DENIED IN PART, as follows. To the extent this motion seeks issue and/or evidentiary sanctions, moving counsel failed to comply with CRC Rule 3.1345(a)(7). Factual Background The facts of this case are well known to the court as a result of the inordin...

Excerpt: ...t to invalidate the automatic 30‐day extension Defendants' obtained pursuant to CCP § 430.41(a)(2) and then affirm the defaults entered as to defendants Tanya Escay and Robert Rominski and issue an order that Plaintiffs “be allowed” to request entry of default on defendants Alan Feng, Louis Small, and Bobbie Delaney. In short, Plaintiffs “motion” is not a proper motion. Plaintiffs have not cited to any legal authority supporting the ba...

Excerpt: ... served Form Interrogatories (Set One), Special Interrogatories (Set One), and Requests for Production of Documents (Set One) on Plaintiff's counsel, Berg Injury Lawyers. Defense counsel granted multiple extensions for Plaintiff to respond. On March 11, 2019, the Court granted Frederick J. Sette's motion to be relieved as counsel. Since that date, Plaintiff has proceeded in pro per. Defense counsel continued to seek discovery responses from Plain...

Excerpt: ...de her default entered July 10, 2014 and default judgment entered on April 23, 2015 pursuant to CCP 473.5 (no actual notice), 473(d), and the Court's inherent power to set aside a void judgment. She also moves to quash service of summons due to lack of jurisdiction under and CCP 418.10(a)(1). The proof of service of the registered process server states that defendant was personally served on May 8, 2014 at 140 Glenwood Cir., Roseville, CA 956...

Excerpt: ...ous disposition and possessed dangerous propensities in that the aforementioned dog had bitten, attacked, and/or injured other individuals, including but not limited to attacking/biting an individual in the one week prior to the incident, which JOSEPH had knowledge of. JOSEPH'S placement and exposure of the aforementioned dog around children and/or the public with knowledge of the prior attack(s)/bite(s) was outrageous, willful, malicious des...

Excerpt: ...asons unknown, this Department did not receive Plaintiff's opposition to the demurrer or Defendants' reply thereto prior to the publication of the Tentative Ruling, both of which were timely filed. Desiring to consider the matter with the benefit of full briefing from all Parties, the Court vacated the tentative ruling and continued the matter to today's date. Plaintiff filed his Complaint on or about May 23, 2019,in propria personaal...

Excerpt: ... causes of action: (1) FEHA age discrimination; (2) FEHA harassment; and (3) FEHA retaliation. Defendants demur to each cause of action on the grounds they fail to state facts sufficient to state a cause of action. Defendants also move to strike Plaintiff's claim for punitive damages. Defendants filed a single “demurrer and motion to strike” rather than a separate demurrer and a separate motion to strike. Accordingly, the Court addresses both...

Excerpt: ...in the SAC and attached thereto. In this PAGA action, Plaintiffs (product demonstrators at Costco Warehouses) contend defendants Club Demonstration Services, Inc. (“CDS”) and WDS failed to provide suitable seating at their workstations in violation of California law. On July 12, 2019, this Court granted WDS' motion for judgment on the pleadings on the ground plaintiff Christen Bare untimely exhausted and filed her PAGA claim and the First Ame...

Excerpt: ...ecedent suffered a fall and a pressure ulcer while in defendant's care, as well as developed sepsis “as a result of an infectious process which developed as a result of deplorable, unsanitary conditions[.]” (Compl., ¶28.) In 2018 plaintiffs served an inspection demand by which they sought to inspect, measure, photograph and videotape defendant's facility, including the room which decedent occupied, the “general area where [the decedent] re...

Excerpt: ...e driver of one vehicle with Ms. Hurtado as his front seat passenger. Defendant Moreno was the driver of the other vehicle with his brother and two friends as passengers. Defendant attempted to make a U‐turn from the number two lane when his vehicle came into contact with Plaintiffs' vehicle, which was in the number one lane. On January 4, 2019, the February 11, 2019, trial date was vacated. The Court ordered that pursuant to the parties' stipu...