Excerpt: ...uail Brook Circle, Elk Grove, California. BC alleges that the oral contract was valued at $24,740 for the original scope of work, plus $8,748.11 in changes of the scope of work. BC contends defendant owes an unpaid balance of $28,934.11.(Complaint ¶¶ 1‐‐16) A mechanics lien was filed January 4, 2021(Carello Decl Ex. B) BC alleges causes of action for (1) Breach of Oral Contract, (2) Enforcement of Mechanic's Lien, (3) Quantum Meruit, (4) Op...

Excerpt: ...ind her grabbed her jacket and caused her to fall. She alleges that she suffered severe emotional distress and loss of income as a result of her injuries. On March 16, 2021, this Court granted Defendant's unopposed motion to compel Plaintiff's responses to requests for productions (sets three and four). (ROA 91) Plaintiff was to serve the responses no later than April 6, 2021. On June 17, 2021, After Plaintiff failed to serve the Court ordered re...

Excerpt: ...s that a motion for summary judgment be granted “if all the papers submitted show that there is no triable issue as to any material fact and that the moving party is entitled judgment as a matter of law.” First, the Court must identify the issues framed by the pleadings, since the court's sole function on a motion for summary judgment is to determine from the submitted evidence whether there is a “triable issue as to any material fact.” (...

Excerpt: ...ue, Sacramento, CA 95820 (the “Property”). Ms. Gines is the sole member of Prestige. Ms. Gines contends the Property is her principal residence and home. According to Defendants (defined below), the Property is a commercial investment property. On or about October 16, 2018, defendant PS Funding, Inc. (“PS Funding”) and Ms. Gines entered into a Loan Agreement, whereby PS Funding agreed to Loan, and Ms. Gines agreed to borrow, certain sums ...

Excerpt: ...021, at 1:30 p.m. The Clerk shall fax a copy of this tentative ruling to the litigation coordinator. The litigation coordinator shall provide the tentative ruling to Plaintiff Ivan Kilgore within 48 hours. The litigation coordinator is directed to have Plaintiff Ivan Kilgore available at oral argument on November 17, 2021 at 1:30 pm. Appearance will be by ZOOM. Department 53 Zoom ID is: 841 204 6267. To appear on Zoom by phone, call (888) 475‐4...

Excerpt: ...ous provisions of the County Code. Plaintiff alleges a cause of action for violation of State building and residential codes and County codes and a cause of action for public nuisance. Plaintiff seeks injunctive relief requiring Defendants to obtain the requisite permits or alternatively to remove the structure. This Court has previously overruled a very similar demurrer by Defendants in a related case concerning an ADU on different real property...

Excerpt: ...d. This action was initiated by Plaintiff as a borrower on multiple mortgage loans secured by real property located in Sacramento, California. Plaintiff financed the purchase with a first position mortgage loan in the amount of $275,000, secured by a Deed of Trust (the “Senior Lien”) that was recorded on or around June 9, 2006. (Complaint ¶ 12, Exh. A; RJN, Exh. 1.) Plaintiff later obtained a secondary loan in the amount of $30,000 secured b...

Excerpt: ...n formerly known as Liebert Corporation (“Vertiv”). Specifically, Twitter seeks to have the Court quash a subpoena issued by the Arbitrator at Vertiv's request, vacate two orders of the Arbitrator, enter a protective order limiting further discovery and issuing sanctions against Vertiv. The underlying arbitration relates to a construction project owned by SVO. Vertiv was the general contractor. Vertiv was terminated and filed the claim in arb...

Excerpt: ...sel of Local Rule 1.06 and the Court's tentative ruling procedure and the manner to request a hearing. Background This is a wage and hour action brought by Plaintiff Jose Nunez (“Plaintiff”) on behalf of a group of similarly situated current and former employees against Defendants California Sunrooms & Patio Covers, Inc., dba California Sunrooms (“Sunrooms”), and its managing agent Abe Avi (“Defendants”). According to Plaintiff's Comp...

Excerpt: ...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].) The Court notes that the documents were immaterial to the Court's ruling on this Demurrer. This action for premises liability, wrongful death, and negligence arises out of the robbery and murder of decedent, Trevor Solari, at The Eleven Hundred Apartment property located in Sacramento, CA. The inciden...

Excerpt: .... Plaintiff Wendy Maciel filed a PAGA‐only action in San Diego County Superior Court on September 9, 2020. Plaintiff René Palacios filed a PAGA‐only lawsuit in Riverside County Superior Court on May 21, 2019. During the course of informal discovery, all three plaintiffs agreed to participate in a joint mediation session to try to achieve a global resolution of all claims. (Sansanowicz Decl. ¶ 17.) The parties reached a compromise after medi...

Excerpt: ...nmental Products, Inc. and owners, directors, officers, or managing agents thereof William Delaney, Michael Delaney, and James Delaney (“Defendants”). According to Plaintiff's Complaint, he was required to travel to different client locations in company vans while also being required to maintain substantial inventory, parts, and tools in the vans to complete their work. (Complaint, ¶ 19.) Defendants failed to pay for all hours worked during ...

Excerpt: ...rst Amended Complaint that alleges claims for (1) failure to pay all overtime wages, (2) meal period violations, (3) rest period violations, (4) waiting time penalties, (5) wage statement violations, (6) unfair competition, and (7) PAGA penalties. Defendants deny the allegations, but the parties have been able to reach a compromise after mediation with David Perrault, Esq. on April 2, 2021. Although the mediation did not end with an agreement to ...

Excerpt: ...Overview Plaintiff seeks to compel Barnum's answers to the following two virtually identical deposition questions: 1. So is it your belief that the asset purchase agreement identifies a transfer of the website to you? 2. Mr. Barnum, is it your belief that the asset purchase agreement transfers ownership of the website to you? This lawsuit includes a mix of legal malpractice claims against a law firm and attorneys not party to this motion and busi...

Excerpt: ...ra Naidu, Ram Naidu, and Anita Tausere (Decedent's wife and three children; collectively, "Plaintiffs") First Amended Complaint (“FAC”), Plaintiffs allege Decedent, a 71‐year‐old man, was admitted to UC Davis Medical Center on August 19, 2014 for a scheduled kidney transplant surgery on August 20, 2014. (FAC, ¶ 9.) The surgery went forward on August 20, 2014, and Decedent was moved to recovery. (Id., ¶ 14.) Plaintiffs allege that on Aug...

Excerpt: ... GRANTED IN PART and DENIED IN PART as follows. Moving counsel's notice of motion does not provide notice of the Court's tentative ruling system, as required by Local Rule 1.06. Moving counsel is directed to contact opposing counsel and advise counsel of Local Rule 1.06 and the Court's tentative ruling procedure and the manner to request a hearing. Background The Department instituted this action by filing its complaint against Defendants for civ...

Excerpt: ...nd”), Bio Matters, LLC (“Bio Matters”), and Global Consortium Group (“GCG”) filed objections to the subpoena and an opposition to this motion. This action was filed on June 22, 2020. As of this hearing, there have been eight motions to compel filed, one motion for protective order and to appoint a discovery referee, and two motions to compel subpoena compliance. Of these, six are pending before the Court, one was denied in part and gran...

Excerpt: ... to Code of Civil Procedure section 425.16 is GRANTED as follows. Factual Background On July 2, 2021, Sourdough LLC filed a Complaint against Sourdough Inc. and other defendants. (ROA 1.) That Complaint alleges that Sourdough Inc. established a franchise relationship with Sourdough LLC, thereby entitling Sourdough LLC to the protections of California's franchise statutes. (Complaint, ¶ 13.) The Complaint alleges causes of action against Sourdoug...

Excerpt: ...e Statement ("Note") with LOANME, INC on February 22, 2016 for the issuance of a loan. (Complaint, ¶ 18.) By the terms of the Note, LOANME, INC loaned to Defendant a certain sum of money and Defendant promised to pay the sums loaned with interest, fees, and charges. (Ibid.) Defendant defaulted by failing to pay the minimum monthly payments. (Id., ¶19.) Plaintiff is a debt buyer that acquired sole ownership of the debt owed by Defendant to LOANM...

Excerpt: ...scovery requests 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. *** Moving counsel failed to comply with CRC Rule 3.1110(b)(3)‐(4). Factual Background This is a personal injury action arising out of a trip‐ and‐fall at a Chevron gas station. The complaint alleges in Paragraphs 8‐9 that plaintiff tripped on a “curb/parki...

Excerpt: ...ruary 22, 2021. (ROA 16.) The cases were consolidated on October 1, 2021. (ROA 15.) The People then filed the instant motion on October 13, 2021. (ROA 21.) In order to have standing to contest a forfeiture action, a claimant must claim to own the article or merchandise or claim to have a legally cognizable interest therein. ( United States v. 1982 Sanger 24' Spectra Boat (9th Cir. 1984) 738 F.3d 1043, 1046; United States v. One 1945 C‐54 (DC‐...

Excerpt: ...material fact and that the moving party is entitled judgment as a matter of law.” First, the Court must identify the issues framed by the pleadings, since the court's sole function on a motion for summary judgment is to determine from the submitted evidence whether there is a “triable issue as to any material fact.” (Id.) To be “material” for purposes of a summary judgment proceeding, a fact must relate to some claim or defense at issue...

Excerpt: ...ial Facts and which of the opposing defendants' 25 Additional Material Facts will be addressed at the hearing. The parties should be prepared to point to specific admissible evidence already in the record which is claimed to show the existence or non‐existence of a triable issue of material fact. *** The notice of motion does not provide notice of the Court's tentative ruling system, as required by Local Rule 1.06, and does not provide the corr...

Excerpt: ...osing party of the specific causes of action 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. *** Other than for purposes of satisfying the meet‐and‐confer requirements of Code of Civil Procedure §430.41, the Court considered neither the Collins Declaration filed in support of the present demurrer (along with its 100‐plus pa...

Excerpt: ...1.06(D). Defendants are ordered to notify Plaintiff immediately of the tentative ruling system and to be available at the hearing, in person or by telephone, in the event Plaintiff appears without following the procedures set forth in Local Rule 1.06(B). Defendants' request for judicial notice of records from the Secretary of State's website, Business Search ‐ Entity Detail of Gio Fitness from February 23, 2021, and May 6, 2021, is unopposed an...