Excerpt: ... only limited oral argument is permitted on law and motion matters. *** Both moving and opposing parties failed to comply with CRC Rule 3.1110(b)(3)‐(4). Factual Background Plaintiff in pro per Riley filed on 11/10/2021 a complaint purporting to assert against several defendants including but not limited to Mitchell (and the Law Offices of Christie Mitchell) a total of 13 causes of action for (1) false imprisonment; (2) assault; (3) negligence;...

Excerpt: ...ge that Defendant operated the long‐term acute care hospital where Joseph Pacheco was allegedly neglected which ultimately led to his death. At issue on Plaintiffs' motions are Defendant's responses to form and special interrogatories and request for production. The Court must note that while Plaintiffs ostensibly filed three separate motions for each set of discovery, they filed a single memorandum of points and authorities which does not refe...

Excerpt: ... Center of Sacramento and Windsor Haysac Holdings, LLC's (collectively "Defendants") motion to compel arbitration and stay action is DENIED. The Court did not consider Plaintiffs' opposition which was filed on June 20, 2022 and did not include a proof of service. Nonetheless, the Court concludes that the motion should be denied even if unopposed. This is an elder abuse, negligence, wrongful death and Violation of Patient Rights action brought by ...

Excerpt: ...��), Plaintiff alleges that Defendants own real property at 221 Richards Boulevard (“Subject Property”). Plaintiff leases the Subject Property pursuant to a commercial lease (the "Lease"). Plaintiff alleges that Defendant Safelite Fulfillment, Inc. leases other real property from Defendant which is adjacent to the Subject Property. Plaintiff alleges that it leased the Subject Property to use for its corporate headquarters and that its loading...

Excerpt: ...ng Plaintiff's insured on September 25, 2020. Plaintiff alleges that its insured collided with a street sign due to a lack of visible warning signs. Plaintiff alleges that Defendant is liable for the loss based on a dangerous condition of property under Government Code § 835. In Plaintiff's original complaint filed on September 2, 2021, it alleged that it submitted a government claim with the City on October 2, 2020 and that the City rejected th...

Excerpt: ...int on August 19, 2019. Plaintiff alleges causes of action against Defendants Heritage Inn of Sacramento, LLC, et al. for conversion, trespass to chattels, and intentional infliction of emotional distress. He appears to allege that he was a long‐ term guest at a hotel owned by Defendants and that an unknown person broke into his storage locker and stole his property in December 2015. Defendants served their motion for summary judgment on March ...

Excerpt: ...Background In this action, Citizens Insurance Company of America (“Citizens”) seeks declaratory relief as to Defendants' alleged duties to defend and indemnify Citizens' direct insured, David Alley, and damages and reimbursement from Defendants based on equitable subrogation, equitable indemnity, and equitable contribution arising out of the lawsuit titled Hacienda Del Rio, Inc. v. David Alley, individually and in his capacity as Trustee of t...

Excerpt: ...de. (See Complaint.) After engaging in formal discovery and conducting an investigation the parties participated in mediation with Lisa Klerman serving as the neutral. (Han Decl., ¶¶ 12‐15.) With the assistance of the mediator, the parties reached a proposed Confidential Settlement Agreement and Release (the “Settlement”). (Han Decl., ¶¶ 9, 15‐16 and Exh. 2.) The Labor Workforce Development Agency (“LWDA”) was timely notified of t...

Excerpt: ...rmer employees of Defendant Bahn Thai, Inc. (dba Thai Basil Café / Veg Café & Bar) (“Defendant”). According to Plaintiff's Complaint, Defendant required Plaintiff and similarly situated employees (“Plaintiffs”) to work without paying them for all the time they were under Defendant's control and required Plaintiffs to use their personal cell phones for work without reimbursement. (Complaint, (¶¶ 8, 108.) Also, Plaintiffs were not affor...

Excerpt: ... drug activities and prostitution at property located at 1319 30th Street, Sacramento, California (the “Property”). LEG was the owner of the Property. 2002 Investors had a commercial lease to operate a hotel business at the Property. The underlying case resolved on June 25, 2015, following the entry of a stipulated judgment (“Stipulated Judgment”). (See Compendium of Evidence (“COE”) Exh. 1.) The Stipulated Judgment requests the Court...

Excerpt: ...t BP Fund A, LLC ("BP Fund A"). The Complaint alleged (1) failure to furnish accurate itemized wage statements, and (2) entitlement to penalties under the Private Attorneys General Act ("PAGA"). On or about January 8, 2021, Peterson filed a First Amended Complaint which added Plaintiff Willie Sumpter, Jr. and defendant Blaze Pizza Operation, LLC, and removed Plaintiff Peterson as a Class Representative. (ROA 16.) Defendant Blaze Pizza Operation, ...

Excerpt: ...pel arbitration where a written agreement to arbitrate exists and a party to the agreement refuses to arbitrate, unless the party seeking to compel arbitration has waived the right to arbitration. “[A]rbitration is a matter of consent, not coercion.” (Pinnacle Museum Tower Assn. v. Pinnacle Market Development (US), LLC (2012) 55 Cal.4th 223, 244 [145 Cal.Rptr.3d 514, 282 P.3d 1217].) “The party seeking arbitration bears the burden of provin...

Excerpt: ...ent insurance application issued by the State of California, Employment Development Department (“EDD”) and the eligibility requirements set forth on the EDD's website is DENIED. The documents are not “facts and propositions that are not reasonably subject to dispute and are capable of immediate and accurate determination by resort to sources of reasonably indisputable accuracy.” “Simply because information is on the Internet does not me...

Excerpt: ...ase.” (Jay v. Mahaffey (2013) 218 Cal.App.4th 1522, 1535.) “[S]ection 425.16 requires that a court engage in a two‐step process when determining whether a defendant's anti‐SLAPP motion should be granted. First, the court decides whether the defendant has made a threshold showing that the challenged cause of action is one ‘arising from' protected activity. [] If the court finds such a showing has been made, it then must consider whether ...

Excerpt: ...fault judgment is void on its face. Defendant cites, inter alia, Code of Civil Procedure section 473(d) as a basis for the Court setting aside the default and default judgment. Specifically, Defendant contends that he was served with a series of documents by Plaintiff Theodore White (“Plaintiff”) on or around March 28, 2018. Plaintiff contends in opposition the documents served on Defendant included the Second Amended Complaint [“SAC”], a...

Excerpt: ...mmenced by plaintiff in pro per Hobson‐Jones on 10/4/2021. On 12/9/2021 plaintiff filed a proof of service which avers that substituted service of summons & complaint was effected on defendant Ha on 11/18/2021 at 8980 Boulder Glen Court in Sacramento. On 1/28/2022 plaintiff filed a request for entry of default against defendant Ha and the default was entered on the same date. No default judgment has to date been entered. Moving Papers. Defendan...

Excerpt: ...e back seat passengers in the subject vehicle when it left the roadway and rolled over, killing Ms. Wood and injuring her son. Phoenix Kaplow filed the action individually and as Ms. Wood's Successor in Interest, by and through his Guardian ad litem, Trina Kaplow (“Plaintiff”). Plaintiff alleges that at the time of the accident, cross‐ defendant Jennifer Corrine Domingo (“Domingo”) was driving the subject vehicle, which was owned by cro...

Excerpt: ...Defendant] to obtain relevant medical records, that the information sought is relevant to the subject matter involved in the pending action or is reasonably calculated to lead to the discovery of admissible evidence and is not privileged, and that the refusal or failure or both was without substantial justification.” (Notice at 2.) I. Overview This action arises from a motor vehicle accident that occurred on December 3, 2017, in Sacramento, Cal...

Excerpt: ...5657. Plaintiffs allege that in September 2017, decedent Christine Patton was a resident of Defendant Caroline Kang, LLC, dba Laguna Woods, RCFE (“Defendant” or “Laguna Woods”) when defendant/Laguna Woods employee Mee Lai Fong (“Fong”) attacked Ms. Patton with a metal cane, ultimately leading to Ms. Patton's death. Friedlander was an employee at Laguna Woods during the relevant time period. Plaintiffs alleges Friedlander was present w...

Excerpt: ...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 Sydney Leung's (erroneously sued herein as Sidney Leung) ("Defendant") motion for summary judgment against Plaintiff Kyleigh Juarez (“Plaintiff”) is DENIED as follows. I. Overview This case arises out of a motor vehicle accident that occurred on June 16, 2018. (Complaint ¶¶ 6‐8, 10.) Plaint...

Excerpt: ...f a three‐ vehicle accident occurring at an intersection in the City of Folsom in November 2020. According to the Traffic Collision Report (“TCR”) prepared in connection with the subject accident, defendant Voss (an employee of Clark Pacific) was in the intersection waiting to make a left turn. As the light turned yellow and then red, there was a clearing in the oncoming traffic so he began his left turn but was then hit by an oncoming vehi...

Excerpt: ...e a tort claim with the Sacramento County District Attorney's Office before filing suit. (Notice at 2.) As the Court finds Defendant's demurrer is sustained on this ground, the Court does not rule on the other grounds set forth in Defendant's notice of demurrer and demurrer. I. Overview Plaintiff filed his Judicial Council Complaint against Defendant on December 9, 2021, alleging two causes of action against Defendant for (1) general negligence; ...

Excerpt: ...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. *** Factual Background This action arises from the alleged theft of plaintiff's “foreign currencies,” claimed to be worth over $166,000, along with other personal property from a storage locker where the currency was placed for “safe keeping” by the defendant Park Rangers while plaintiff ...

Excerpt: ...eek to vacate an arbitration award issued on November 24, 2021, by the Hon. Lynn O'Malley Taylor (ret.) in Petitioner's favor. The arbitration arose from Respondents' claims against PWS, Inc. and Courtney Satterlee (“Brokerage Parties”) for breach of duty, lack of due diligence and professional negligence in connection with Respondents purchase of a Laundromat in Stockton from Mr. Peterson. The Brokerage parties acted as the dual broker/agent...

Excerpt: ...on arose from Respondents' claims against Petitioners for breach of duty, lack of due diligence and professional negligence in connection with Respondents purchase of a Laundromat in Stockton from David Peterson (also a party in the underlying arbitration). Petitioners acted as the dual broker/agent for Respondents and Mr. Peterson regarding the sale. Respondents claimed the Laundromat consistently generated 32% less gross revenue that the averag...