Excerpt: ...0 on May 27, 2020. Plaintiffs filed their FAC naming Defendant as Doe 17 on February 8, 2022. In the FAC Plaintiffs allege causes of action for libel, slander, and trade libel. The Company is a commercial lender and loan servicing company founded by Blackburne. (FAC ¶ 1.) The Company services around 150 commercial first mortgage loans totaling approximately $45 million including a loan related to a golf course in Illinois known as “Royal Hawk....

Excerpt: ...ice of the tentative ruling system, the notice incorrectly states that the Court will make its tentative ruling “available by telephone and, at the option of the [C]ourt, by any other method designated by the [C]ourt”. The notice of motion does not provide notice of the Court's tentative ruling system as required by Local Rule 1.06(D). Defendant is ordered to notify responding parties immediately of the tentative ruling system availability on...

Excerpt: ...nded motion. To date of the filing of the instant motion, Mr. Hagle's office had not heard back from Plaintiff regarding his meet and confer requests. (Declaration of Eric R. Hagle (“Hagle Decl.”) ¶¶ 3‐5.) Code of Civil Procedure §439(a) requires the moving party to meet‐and‐confer "in person or by telephone" with the party filing the pleading that is the subject of the motion for judgment on the pleadings. Moving counsel is advised ...

Excerpt: ... by California Rule of Court 3.1308 and Local Rule 1.06(D). Plaintiff's counsel is directed to contact opposing counsel forthwith to advise counsel of Department 54's correct address and the tentative ruling procedure. If Plaintiff's counsel is unable to contact opposing counsel prior to the hearing, Plaintiff's counsel shall be available at the hearing, by CourtCall or Zoom as stated in the introductory NOTICE to today's Tentative Rulings, in th...

Excerpt: ...ent part, that Defendant was the driver and owner of the vehicle, or that Defendant was driving with the knowledge and consent of the owner. Defendant Antoine Lament Childs (“Childs”) was substituted in as Doe Defendant 1. The pleading further alleges: On or about September 23, 2017, Plaintiff LOUIS MORTON was lawfully driving a motor vehicle near J Street and 15th Street in Sacramento, California. On that date, Defendant NISSAN NATARA JOINER...

Excerpt: ...iled a Notice of Joinder to Ciminocare's Motion to Compel Arbitration. (ROA 24.) Through the Notice of Joinder, Walnut House indicated it was also a party to the Arbitration Agreement subject to Ciminocare's Motion to Compel Arbitration (Ibid. [citing to Low Decl. ¶ 2, Ex. A].) Walnut House also indicated its Joinder was based upon Ciminocare's Notice of Motion, Memorandum of Points and Authorities, and the Declaration of Donna W. Low (and Exhib...

Excerpt: ... (“Olsten”). In August 1999, Olsten entered into a purchase agreement with Plaintiff Adecco, S.A. (“Adecco”) and Staffing Acquisition Corporation. Pursuant to an Agreement and Plan of Merger (“Merger Agreement”), Adecco agreed to purchase Olsten's staffing services and information technology services. (Complaint, ¶ 11, Ex. 1.) As part of the split‐off agreement between Adecco and Olsten, the parties executed a Separation Agreement ...

Excerpt: ...at: “ 17. On or about June 8, 2018, and continuing thereafter, Defendants, and each them, negligently cared for, diagnosed, and treated Plaintiff, DOMENICA MANLEY, and failed to exercise the standard of care and skill ordinarily and reasonably required of physicians, surgeons, hospitals, nurses, and other health care providers by, without limitation, negligently failing to properly perform a robotic assisted laparoscopy and provide necessary pr...

Excerpt: ...d This is a wage and hour action brought by Plaintiff Nichole Veronie (“Plaintiff”) on behalf of similarly situated employees of Defendants Point Quest, Inc. and Point Quest Education, Inc. (“Defendants”). According to the operative First Amended Complaint (“FAC”), Defendants operated a labor supply business serving public school districts in Sacramento County and throughout California. (FAC, ¶ 15.) The FAC includes the following cla...

Excerpt: ...se to promote Plaintiff's online presence through Plaintiff's social media accounts. (Exh. A to Compl.) Plaintiff alleges that Defendants used “improper tactics” when performing their services for Plaintiff. (Compl. ¶¶ 11, 12, 17, 56, 49.) Defendants demur to the Third Cause of Action for Negligent Misrepresentation, the Fourth Cause of Action for Intentional Misrepresentation, and the Fifth Cause of Action for Unfair Business Practices. De...

Excerpt: ... The Court rejected the SAC because Plaintiff failed to obtain leave of court. Plaintiff filed an untimely opposition to the motion on 6/10/2022 and requests leave to add a 42 US Code §1983 cause of action. The Court did not consider Plaintiff's untimely opposition. In this action, Plaintiff alleges that on 11/15/2016, he walked into the UC Davis Medical Center emergency department complaining of heart palpitations. A male employee offered Plain...

Excerpt: ...ndants' counsel is directed to contact opposing counsel forthwith to advise counsel of Department 54's correct address, Local Rule 1.06, and the Court's tentative ruling procedure. If Defendants' counsel is unable to contact opposing counsel prior to the hearing, Defendants' counsel shall be available at the hearing, by Zoom as stated in the introductory NOTICE to today's Tentative Rulings, in the event opposing counsel appears without following ...

Excerpt: ... 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 telephone. DEFENDANT'S REQUESTS FOR JUDICIAL NOTICE: 1. Plaintiff's Complaint ‐ Unopposed and GRANTED. In taking judicial notice of the Complaint in this matter, the Court accepts the fact of its existence, not the truth of its contents. (See Professional Engineers v. Dep't of ...

Excerpt: ...AC”) is ruled upon as follows: Background As pertinent to Civic and Plaintiff, this action arises from a November 15, 2017 loan provided by Civic in the amount of $342,750 in Aretha Johnson's name, evidenced by a promissory note (the “Note”) and secured by a deed of trust (the “DOT”) naming the real property located at 7050 Cromwell Way, Sacramento, CA 95822 (the “Cromwell Property”) as collateral. (UMF Nos. 1‐2.) Plaintiff conten...

Excerpt: ...or Dept. 53/54. Although the notice of motion provided notice of the Court's tentative ruling system as required by Local Rule 1.06(D), the notice does not comply with that rule. Moving counsel is directed to review the Local Rules, effective 1/1/2022. Moving counsel failed to comply with CRC Rule 3.1110(b)(3)‐(4). This action arises out of a motor vehicle accident. Plaintiff filed her complaint on 8/6/2019 and defendant filed his answer on 10/...

Excerpt: ...s Court should stay this later‐filed proceeding. Having considered all of the papers submitted, including the parties' supplemental briefs, the Court issues the following tentative ruling. Petitioners People of the State of California ex rel. Rob Bonta, Attorney General's (“Petitioners”) petition for order compelling compliance with investigative subpoenas by Respondent Maysville Fellowship Medical Aid Plan dba United Refuah Healthshare (�...

Excerpt: ... County of Sacramento, which began in 2005 and ended in 2018. The operative complaint alleges causes of action for discrimination (race, gender and disability), retaliation, failure to prevent discrimination and retaliation, failure to accommodate, failure to engage in the interactive process, and interference with rights under the California Family Rights Act (“CFRA”). Plaintiff propounded a variety of written discovery requests to defendant...

Excerpt: ...motion to compel Defendant Clayco, Inc. dba Clayco Construction Company, Inc. (“Clayco”) to provide responses to her special interrogatories, set two (“SIs”) is granted. Request for Judicial Notice Plaintiff's request for judicial notice is unopposed and granted. Evidentiary Objections The Court declines to rule on Plaintiff's evidentiary objections since the subject evidence concerns Clayco's related motion for relief from waiver of obje...

Excerpt: ... the reply is GRANTED. In taking judicial notice of these documents, the Court accepts the fact of their existence, not the truth of their contents. (See Professional Engineers v. Dep't of Transp. (1997) 15 Cal.4th 543, 590 [judicial notice of findings of fact does not mean that those findings of fact are true]; Steed v. Department of Consumer Affairs (2012) 204 Cal.App.4th 112, 120‐121. Plaintiff's evidentiary objections Plaintiff's objections...

Excerpt: ...ainant seeks to strike the prayer for punitive damages and attorney's fees in the FAC. In their opposition, Plaintiffs state that during their meet and confer phone call with counsel for Cross‐Complainant, Plaintiffs agreed to withdraw their request for attorney's fees. (Opp., 3.) Plaintiffs' opposition solely addresses Cross‐Complainant's motion to strike punitive damages and states that they will amend their FAC to remove the request for at...

Excerpt: ...s were killed in an accident. A truck owned by Defendants collided with the automobile plaintiffs' parents were driving. Defendants move to set aside a default and default judgment pursuant to CCP § 473 (b). Essentially, Defendants maintain they forwarded Plaintiffs complaint to their insurance carrier for handling. They then learned in February 2022 that coverage would not be available. They attempted to file an answer, but the answer was rejec...

Excerpt: ...aled the penalty through the City's administrative process contending that the plants belonged to their tenants. On March 31, 2019, a hearing examiner issued a decision upholding the penalty, but reducing the amount to $35,000. On July 2, 2019, Plaintiffs filed an appeal in this Court pursuant to Government Code § 53069.4(b)(1) which provides for a trial de novo. On October 21, 2019, the Court (Judge Laurie Earl) found that the Court had no auth...

Excerpt: ...aintiffs allege causes of action against Defendant for breach of warranties under the Song‐Beverly Act and for violation of Business and Professions Code § 17200. Defendant moves to compel Plaintiffs' claims against it to arbitration pursuant to an arbitration provision located in Retail Installment Sales Agreement (“RISC”) Plaintiffs signed when they purchased the vehicle. The subject provision requires arbitration of “[a]ny claim or di...

Excerpt: ...summary adjudication, as to Plaintiffs Jeff Linde and Satellite Avenue, Inc.'s (collectively "Plaintiffs”) nine causes of action in Plaintiffs' first amended complaint (“FAC”) is ruled on as follows. The Notice of Motion states the incorrect address for Department 54; the correct address is 813 6th Street, Sacramento, California 95814. In addition, the Notice of Motion does not provide notice of the Court's tentative ruling system, as requi...

Excerpt: ... 220 Cal. App.3d 1117, 1138.) Newberg on Class Actions (4th Ed.), the authoritative treatise on class actions, discusses the process for approving the settlement of a class action. At § 11.24, “Procedure for Submitting Class Settlement for Approval,” Newberg describes the review at the preliminary stage as the submission by the parties of the essential terms of the agreement for informal review of the settlement papers by the Court. In revie...