Excerpt: ...d be prepared to point to specific admissible evidence which is claimed to show the existence or non‐existence of a triable issue of material fact. *** Defendants Susan Pikowsky, Raymond Tartar, Hallmark Properties, Harry M. Manji, Jon Yoshizo Manji, and the Manji Trust's (“Defendants”) motion for summary judgment and/or adjudication is ruled as follows. Plaintiffs Angela Andrews, and Harold Andrews, by and through his legal representative ...

Excerpt: ...Plaintiffs' request for judicial notice of a Residential Income Property Purchase Agreement is DENIED. The existence of a contract between private parties cannot be established by judicial notice under Evidence Code, § 452, subdivision (h). (Gould v. Maryland Sound Industries (1995) 31 Cal.App.4th 1137, 1145.) Plaintiffs request for judicial notice of a deed of reconveyance is GRANTED. (Evid. Code, § 452, subd. (d).) Defendants' request for jud...

Excerpt: ...that will be addressed at the hearing. Counsel are also reminded that pursuant to local rules, only limited oral argument is permitted on law and motion matters. *** The notice of demurrer 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'...

Excerpt: ...de verified responses, without objections, to Defendant's form and special interrogatories and requests for production (sets one) no later than January 27, 2022. No sanctions were requested and none were awarded. On April 27, 2022, the Court granted Defendant's second motion to compel the same discovery responses and Plaintiff was ordered to serve responses without objections no later than May 4, 2022. Again, no sanctions were requested and none ...

Excerpt: ...council form complaint alleging causes of action for motor vehicle and general negligence arising from a motor vehicle accident on January 15, 2021. Plaintiff alleges that Defendant ran a red light while under the influence of alcohol in violation of Vehicle Code § 23152(a) and that the police report determined Defendant was the cause of the accident. Defendant specifically moves to strike ¶ 14a(2) of the form complaint (the box for punitive da...

Excerpt: ...ichard Rogers, Chris Stevens (“Stevens”), Amy Tong, Zack Wheat, Lesleigh McCaskill, Taylor Sharp (“Sharp”) and Yolanda Rodriguez (collectively “Moving Defendants”) to strike the twelfth cause of action for defamation in Plaintiff Samuel Bernard Johnson III's (“Plaintiff”) First Amended Complaint (“FAC”) pursuant to Code of Civ. Proc. § 425.16 is DENIED. Plaintiff's request for judicial notice is unopposed and granted. As a pr...

Excerpt: ...ndants John C. Wong (“Defendant John”), Richard Wong (“Defendant Richard”), Eugene Wong (“Defendant Eugene”), Eugson Wong (“Defendant Eugson”), Ting Chu Wong (“Defendant Ting Chu”), and Thomas Wong (“Defendant Thomas”) (collectively “Defendants”). (ROA 1.) Plaintiff alleges six causes of action ‐ (1) Declaratory Relief, (2) Breach of Fiduciary Duty, (3) Fraud, (4) Conversion, (5) Aiding and Abetting Breach of Fiducia...

Excerpt: ...19‐PM3. Plaintiff alleges that he took title to the subject property with Defendant Madison as joint tenants and that she has since stopped paying the mortgage. Plaintiff seeks to amend the complaint to remove the allegation that the parties are joint tenants, add more factual detail regarding the parties' contributions to the subject property, verify the complaint and more. “Trial courts are vested with the discretion to allow amendments in ...

Excerpt: ...suffers from emotional pain and suffering, including concussion symptoms, forgetfulness, PTSD, and headaches. Plaintiff alleged she was diagnosed with a traumatic brain injury and that she will require care as she cannot be left alone as a result of significant memory and concentration problems. Defendant served a notice of independent mental examination (“IME”) on November 4, 2021. The IME called for a series of non‐invasive psychological ...

Excerpt: ...ought by Defendant in the Low Prasad v. Broadbase, Sacramento Superior Court Case No. 34‐2020‐00273739 (Prasad) which was continued from July 19, 2022, to today's date, was opposed (albeit very briefly). Low Prasad is also a plaintiff in the instant action. The plaintiffs in both cases are represented by the same counsel. Plaintiffs filed essentially the same 3 plus page opposition in this case, albeit, on July 20, 2022, only 5 Court days pri...

Excerpt: ... contract with “The State of California” (“State”) in which the State would purchase personal protective equipment (“PPE”) for a total price of $799,015,000. Plaintiff did not receive any advance payments on the contract. At or around the same time, the State entered into contracts with least two other providers for the purchase of PPE, BYD Motors (“BYD”) and Blue Flame Medical, LLC (“Blue Flame”). Plaintiff is informed and be...

Excerpt: .... The Litigation Coordinator shall not only provide a copy of the tentative ruling to plaintiff in pro per but also have plaintiff in pro per available for oral argument at the above‐stated time. Appearance will be by ZOOM and Department 53's Zoom ID is 841 204 6267. To appear on Zoom by telephone, call (888) 475‐4499 or (877) 853‐5257 (toll‐free) and enter the Zoom ID referenced above. The demurrer of defendants California State Prison�...

Excerpt: ...n, the Court must still hold a hearing on the motion as it may involve the receipt of evidence or an appearance by a Class Member. Although the Court anticipates that no party will request oral argument, and while no Class Member indicated any intent to appear at the hearing, this does not relieve the parties from appearing at the hearing or otherwise render the instant ruling final in the event oral argument is not requested. The Court will not ...

Excerpt: ...lifornia Rules of Court, rule 3.1113(h) ‐ their briefing does not provide any pagination. The Court notes Plaintiff Helexo PTE, a Singapore company (“Plaintiff”) filed its Opposition one court day late. (See Code Civ. Proc., § 1005.) As the Defendants provided a substantive Reply, the Court exercises its discretion to consider the late filed brief. Parties are reminded that compliance with California Rules of Court and the Code of Civil Pr...

Excerpt: ...ury action arising from a motor vehicle accident that occurred on November 15, 2019, on westbound US‐50 in Sacramento, California (the “Incident”). The Incident involved Mr. Lachica, a truck driver in the employ of Mr. Singh, and Plaintiff, who is employed by CDCR. (Jacobson Decl. ¶ 2, 4.) Plaintiff alleges injuries as a result of the Incident, including lost wages and loss of earning capacity. (Jacobson Decl. ¶ 3, Exh. 2.) By this motion...

Excerpt: ... an adult service program that provides elderly and disabled adults an array of therapeutic programs. Defendant is an administrator for Kingdom Living ADHC. Eddie was a client of Kingdom Living ADHC from November 2016 to March 2019. In March 2019, Plaintiff moved her son to a different facility and alleges she learned from the administrator at the new facility that Defendant was making defamatory statements about her. Plaintiff alleges a single c...

Excerpt: ...the separate statement. Defendant applied for and was issued a Wells Fargo credit card ("Subject Account") ending in 5642. (UMF 1.) Plaintiff sent Defendant the credit card along with the written Customer Agreement associated with the credit card. (UMF 2.) Attached to the Declaration of Plaintiff's Qualified Witness as Exhibit "1," and incorporated herein by reference, is a true and correct copy of Defendant's Customer Agreement. Pursuant to the ...

Excerpt: ...egligence. The request for summary adjudication of the second cause of action for premises liability is GRANTED. Defendant/Cross‐ Complainants Sheraton Grand Hotel's, Marriot International, Inc.'s and Starwood Hotels & Resorts Worldwide, LLC's (“Hotel Defendants”) joinder to the motion is not properly before the Court at this time. The notice and supporting papers for a motion for summary judgment must be filed 75 days before the hearing. (...

Excerpt: ...iff. (Langenfeld Decl., ¶¶ 2‐3 and Exhs. A‐B.) On February 17, 2022, Defendant granted an extension to respond to the discovery to March 22, 2022. (Langenfeld Decl., ¶ 4 and Exh. C.) Plaintiff failed to provide any responses by the deadline. (Langenfeld Decl., ¶¶ 5‐6.) Defendant now brings this motion, along with 19 other concurrently pending discovery motions as to various plaintiffs, for an order compelling responses. Plaintiff filed...

Excerpt: ...11.) Plaintiff alleges that she was injured when Defendant, who was under the influence of alcohol, collided with the back of Plaintiff's car. The FAC alleges that Plaintiff was driving southbound on State Route 65 and was slowing down due to stopped traffic ahead while in the City of Rocklin. (FAC ¶ XXIV.) Defendant was also driving her car southbound on State Route 65 in the same lane as Plaintiff and was “traveling at an unsafe speed for pr...

Excerpt: ... a hearing. If moving counsel is unable to contact opposing counsel prior to hearing, moving counsel is ordered to appear at the hearing by Zoom or by telephone. Factual Background This consolidated action arises out the two plaintiffs' prior employment, which is alleged to have been wrongfully terminated in retaliation for their whistleblowing. Their respective complaint asserts claims for inter alia, breach of contract, violation of the Fair Em...

Excerpt: ...e 1.06. Moving counsel is directed to contact opposing counsel and advise him/her of Local Rule 1.06 and the Court's tentative ruling procedure and the manner to request a hearing. If moving counsel is unable to contact opposing counsel prior to hearing, moving counsel is ordered to appear at the hearing by Zoom or by telephone. The Opposition fails to comply with CRC Rule 3.1113(f), requiring a Table of Contents and Table of Authorities for any ...

Excerpt: ...e Rover LR4 ("Vehicle"). Express warranties accompanied the sale of the Vehicle to Plaintiff by which Defendant undertook to preserve or maintain the utility or performance of the Vehicle or to provide compensation if there was a failure in such utility or performance. Plaintiff alleges that the vehicle was delivered to Plaintiff with serious defects and nonconformities to warranty and developed other serious defects and nonconformities to warran...

Excerpt: ...ively GRANTED pending the final fairness hearing to be held on this date. (Code Civ. Proc. § 382; Cal. R. Ct., R. 3.769.) NOTICE: The Court's ruling tentatively indicates that it will grant final approval of the class action settlement conditioned upon further arguments to be made during the final fairness hearing. Although the Court anticipates that neither Plaintiff nor Defendant will request oral argument, and while no class member indicated ...

Excerpt: ...ce of the summons & complaint is currently on file. However, plaintiff's own Case Management Statement indicates that no defendant had been served as of September 2021. (ROA #21.) Moving Papers. Defendants' demurrer filed in February 2022 asserts that plaintiff's complaint is barred by laches because (1) the subject bedbug incident occurred on or about 8/2/2017, (2) plaintiff waited until the last day to file her complaint on 8/2/2019, (3) plaint...