Excerpt: ...tion is sought, whether separately or as an alternative to the motion for summary judgment, the specific cause[s] of action . . . must be stated specifically in the notice of motion and be repeated, verbatim, in the separate statement of undisputed material facts.” As explained in the Cal. Practice Guide: Civil Procedure Before Trial: “When multiple causes of action . . . are presented for summary adjudication in one motion, each cause of act...

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: ... 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: ...was medicated with tramadol prior to being seen by the staff. Without Plaintiff's permission or knowledge, Defendant administered to Pete a dose of torbugesic as a sedative. The interaction of the two medications caused Pete to “to seize, bleed extensively from the mouth, lose its ability to stand upright, and suffer incredibly, to such a degree as his loving owner had to put him to sleep.” Defendants initially hid Pete's deteriorating condit...

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: .... 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: ...ual Background This is an employment action which was commenced in February 2016. Plaintiff alleges she suffered sex discrimination, age discrimination and wrongful discharge in violation of public policy. According to plaintiff's proof of service filed in August 2016, the summons, complaint and first amended complaint were served on the Sheriff's Department on 6/15/2016 by substituted service at the Sheriff's Department Legal Department on Power...

Excerpt: ...UNOPPOSED and is GRANTED. Overview This case arises from the unlawful cultivation of cannabis. Plaintiff filed this action on December 6, 2018, alleging three causes of action against defendants Youcheng Wu and Jia Ying Wu. Plaintiff has since dismissed the second cause of action and has dismissed defendant Jia Ying Wu from this case. Plaintiff now seeks summary judgment, or in the alternative, summary adjudication, of the first cause of action f...

Excerpt: ...alifornia Civil Code § 2923.6(c). Plaintiff alleges that he is the successor‐in‐interest to his deceased mother, Geraldine Kipgen, who died in 2014. In February 2007, Ms. Kipgen borrowed $201,800 from Defendant (the “Loan”), secured by a deed of trust on the real property located at 9623 Tanglewood Circle, Orangevale, CA 95662 (the “Property”). (RJN Ex. 2.) Plaintiff alleges that he has lived in the Property from 2012 to the present ...

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: ...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 t...

Excerpt: ...who agreed in April 2016 to prepare plaintiff's 2015 federal and state tax returns. It appears plaintiff owed substantial sums in connection with both returns but he could not or did not pay either. Shortly thereafter in June 2016 the IRS sent plaintiff a notice of unpaid taxes of almost $22,000 and also placed a lien on plaintiff's property. It is unclear when the State of California first notified plaintiff of his unpaid state tax bill but in A...

Excerpt: ...h is claimed to show the existence or non‐existence of a triable issue of material fact. The parties are also reminded that pursuant to local court rules, only limited oral argument is permitted on law and motion matters. *** Defendant Wells Fargo Bank, N.A.'s (“Bank”) motion for summary adjudication as to plaintiff in pro per Robinson's complaint is ruled upon as follows. Moving counsel failed to comply with CRC Rule 3.1350(g), requiring a...

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 n...

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: ...on and that Plaintiff intended to kill her. Plaintiff, in pro per, filed the Complaint on August 28, 2019, alleging causes of action for violation of privacy, libel defamation, false light, and destruction of family ties. Plaintiff filed the First Amended Complaint (“FAC”) on September 26, 2019, using a Judicial Council of California form personal injury complaint. Although the FAC alleges causes of action for violation of privacy, libel defa...

Excerpt: ...ply 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 requesting party shall l...

Excerpt: ...d” 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 advi...

Excerpt: ...ial interrogatories and request for production by no later than January 27, 2020. Plaintiff failed to serve responses. The Court may impose sanctions that are suitable and necessary to enable the party seeking discovery to obtain the objects of the discovery he seeks, but the Court may not impose sanctions which are designed not to accomplish the objects of the discovery but to impose punishment. (Caryl Richards, Inc. v. Superior Court (1961) 188...

Excerpt: ...ters. 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 c...

Excerpt: ...laintiff had a renter's policy with CSAA. Plaintiff made a claim with CSAA for his losses, and a subsequent investigation by the fire department's arson unit revealed that an accelerant was used. CSAA retained counsel, Mr. Doug Smith (“Smith”) to provide coverage determination advice, and CSAA ultimately denied Plaintiff's claims. At the time CSAA denied Plaintiff's claims, O'Reilly was CSAA's special investigations claims manager who reviewe...

Excerpt: ...epartment 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 i...

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 oppo...

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: ...ppearance 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 voic...

Excerpt: ...s requested notify the clerk and opposing counsel of the specific discovery requests that will be addressed at the hearing. Counsel are also reminded that pursuant to local court rules, only limited oral argument is permitted on law and motion matters. *** Plaintiff's motion to compel further responses to request for production of documents (set one) and to compel compliance with responses is ruled upon as follows. This is a Lemon Law action aris...

Excerpt: ...e 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 tha...

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 a...

Excerpt: ...oom 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...

Excerpt: ...0 Minute Order requiring the moving party not only to serve an amended notice of motion by no more than 10 calendar days after the date of that order but also to file the amended notice of motion with attached proof of service no less than 10 calendar days before the new hearing date. If the moving party provides before or at the hearing evidence that the amended notice was timely served, the following will become the tentative ruling of the Cour...

Excerpt: ...emurrer to Plaintiff Once source LED Lighting, LLC's (“Plaintiff”) First Amended Complaint is OVERRULED. Plaintiff's request for judicial notice is unopposed and is GRANTED. Overview Plaintiff is a company that provides a variety of energy saving LED lamps, fixtures, and lighting support. In May 2017, the director of the California Conservation Corps, Bill McNamara, recommended Barbara Waldron and her company, Plaintiff, to apply for a projec...

Excerpt: ...ters. 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, te requesting party shall leave a voice message to advise the cle...

Excerpt: ... the request which of moving defendant's 40 Undisputed Material Facts and/or objections to evidence will be addressed at the hearing. The parties should 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. *** Defendant Whitney Masonry's motion for summary judgment on plaintiff's complaint is ruled upon as follows. The notice of motion does not comply w...

Excerpt: ...ers. 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 cl...

Excerpt: ...damage, including the loss of their investment. The Complaint alleges causes of action for: 1) breach of contract, 2) breach of the covenant of good faith and fair dealing, 3) promissory estoppel, 4) fraud, 5) unfair business practices, 6) unjust enrichment, 7) money paid, 8) partnership dissolution, 9) accounting, and 10) conspiracy to defraud. Plaintiffs allege Rafael introduced them to codefendant Alexander Echeverria around June 2, 2018, “w...

Excerpt: ...rtment 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 h...

Excerpt: ...ment 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: ...d” 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 advi...

Excerpt: ...efendant was negligent in Decedent's medical care and treatment surrounding the pulmonary embolization procedure she underwent on October 25, 2016. Evidentiary Objections Plaintiffs' evidentiary objection No.1 to Decedent's partial medical records is overruled. Although the records filed with the original motion did not include a custodian of records declaration, Defendant served with its reply the same records authenticated by the custodian of r...

Excerpt: ...s would be futile, thus, the Court will consider the merits of the demurrer. Overview In November 2004, Plaintiff purchased residential real property (the “Property”) by obtaining a loan from Countrywide Home Loans, Inc. (which is now BANA) for $336,000 secured by a Deed of Trust (“DOT”). (SAC, ¶14.) She alleges that the Promissory Note (“Note”) provided to her did not include any endorsements or allonges. (Id.) In September 2009, sh...

Excerpt: ... action. M.B. is the minor son of former state prisoner, decedent Milton Beverly, Jr. (“Decedent”). M.B. alleges that Decedent was a prisoner and transferred to CSP‐ Sacramento on 6/2/2016. On 11/24/2016, Decedent committed suicide while in custody at CSP‐Sacramento. CDCR demurs on the ground that it is statutorily immune and failure to plead sufficient facts. The crux of M.B.'s action is that CDCR failed to summon medical care despite CD...

Excerpt: ...int to specific evidence which is claimed to show the existence or non‐existence of a triable issue of material fact. *** Defendants Sacramento County, Sacramento County Sheriff's Department, Scott Jones, T. Mickelson and Philip Henderson (“Henderson”) (collectively “Defendants”) motion for summary judgment, or in the alternative, summary adjudication is ruled upon as follows. I. Overview This is a personal injury action. Pro per Plaint...

Excerpt: ...ers. 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 cl...

Excerpt: ...laintiff requests civil penalties pursuant to Labor Code §2698 et. seq. The Court has previously denied Defendant's motion for judgment on the pleadings and motion for reconsideration of the motion for judgment on the pleadings. Judge LaPorte (Ret.) heard these two prior matters. Defendant now moves to strike: • Heading for First Cause of Action, page 4, line 13: “Violation of Labor Code § 2698, ET SEQ.” • Prayer for Relief, page 5, lin...

Excerpt: ...efforts, and to file a joint statement. The parties' joint statement indicated that the parties had resolved the discovery dispute. Therefore, the court dropped the motion as moot. Plaintiff now moves to compel Defendant “to produce properly, completely, and promptly all documents required for compliance with Defendant's sworn responses to Plaintiff's Request for Production of Documents, Set Two and Set Three, compliance with Defendant's Novemb...

Excerpt: ...equired” 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 t...

Excerpt: ...oom 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...

Excerpt: ...t 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 no...

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: ...om 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 ...