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: ...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: ...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: ...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: ...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: ...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: ...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 t...

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: ... 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: ...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: ...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: ...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: ...�). 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: ...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: ...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: ... (“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: ...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 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: ...�� 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: ...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: ... 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: ...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 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: ...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: ... 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: ...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: ...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: ...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: ...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: ... 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: ...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: ... 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: ...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...