Excerpt: ... of summons is ruled on as follows. The notice of motion does not provide the correct department or the time for hearing of this matter, which is 9:00 a.m. in Dept. 54 and not 2:00 p.m. in Dept. 53. Moving defendant is directed to contact opposing counsel and advise him/her of the correct department and the time for hearing of this matter. If moving defendant is unable to contact opposing counsel prior to hearing, moving defendant is ordered to a...

Excerpt: ...or of Defendant Akiba E. Green, D.O. (Dr. Green). In the underlying 12/07/18 order granting summary judgment, the court wrote: This is a medical malpractice case. […] The complaint contains allegations that Plaintiffs were injured when Bridges, the Minor's mother, gave birth to the Minor while under Dr. Green's care. The complaint contains two causes of action for medical negligence and a cause of action for emotional distress. The key allegati...

Excerpt: ...body parts claimed to be injured in this action. Defendants have shown in their opposition that they withdrew the subject subpoenas on February 25, 2019. There is nothing for the Court to quash and the motion is moot as to the request to quash. Citing to Sinaiko Healthcare Consulting, Inc. v. Pacific Healthcare (2007) 148 Cal.App.4th 390, 408, Plaintiff argues that even though the subpoenas were withdrawn after the motion was filed, the motion is...

Excerpt: ...er real property. Plaintiff essentially claims that the Note between herself and the Iseleys for the face amount of $75,000 was not supported by consideration and that the amount stated in a Notice of Default (“NOD”) was overstated, rendering the NOD void and that in any event she was not in default and the Defendants created the circumstance which resulted in her being unable to make payments. The Court notes that Plaintiff filed a first ame...

Excerpt: ... Plaintiff Travelers Property Casualty Co.'s (“Travelers”) complaint is ruled upon as follows. The Court did not consider the Declaration of Mark R. Swartz (“Swartz Declaration”) since the Court does not consider such extrinsic evidence in ruling on a demurrer. The Court observes that attached to the Swartz Declaration are Exhibits A‐C that may be subject to judicial notice. Defendants, however, have not requested judicial notice. Exhib...

Excerpt: ...Background Plaintiffs in pro per's 2AC is on a Judicial Council Form which purports to assert a single claim for an unspecified “intentional tort” against Defendants. It is alleged that following a foreclosure sale of plaintiffs' home on 11/20/2017, Defendants were supposed to distribute surplus proceeds in early February 2018 and even notified plaintiffs the funds would be mailed out by the first week of February 2018. However, according to ...

Excerpt: ...rt has adopted the following procedure for hearings in department 53 for self‐represented incarcerated parties. The clerk shall fax a copy of the tentative ruling to the litigation coordinator on or before the date of the scheduled hearing. The litigation coordinator shall provide the tentative ruling to plaintiffs within 48 hours of receiving it. The hearing date shall automatically be continued one week plus one court day for oral argument. T...

Excerpt: ...n the moving party is the plaintiff, there is only one ground for a motion for judgment on the pleadings: "the complaint states facts sufficient to constitute a cause or causes of action against the defendant and the answer does not state facts sufficient to constitute a defense to the complaint." (C.C.P. 438(c)(1)(A).) Except as provided by statute, a motion for judgment on the pleadings is analyzed like a general demurrer. (Cloud v. Nor...

Excerpt: ...ges because the fraud claim is insufficiently pled as argued in its demurrer. However, since the Court has concluded that the fraud claim was sufficiently pled, the motion to strike punitive damages must be denied for the same reasons the demurrer was overruled. (See, e.g. Johnson v. Ford Motor Co. (2005) 35 Cal. 4th 1191.) Fraud is a cause of action which provides a basis for punitive damages. Civil Code § 3294. The Court need not address wheth...

Excerpt: ...e 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 1/1/2019. Both moving and opposing counsel failed to comply with CRC Rule 3.1110(b)(3)‐(4). Opposing counsel failed to comply with CRC Rule 3.1113(f). Factual Background This is a declaratory relief action whereby plaintiff, a financial advisor, seeks to invalidate the restrictive non‐co...

Excerpt: ...f alleges that he was “was injured in his health, strength and activity, sustaining injury to his body and shock and injury to his nervous system and person, all to his detriment, all of which injuries have caused, and continue to cause Plaintiff mental, physical and nervous pain and suffering.” Defendant propounded 112 special interrogatories with a number of photographs attached. The photographs depict Plaintiff in a variety of situations, ...

Excerpt: ...or cuff. Defendants seek summary judgment on the basis that Plaintiff cannot show that her injuries were caused by the incident. Defendants' separate statement includes the following. Defendant Thebeau was acting in the course and scope of his employment for Defendant Armstrong Plumbing, Inc. at the time of the incident. Plaintiff contends the incident caused low back and left shoulder symptoms, including a compression fracture at L5 and torn rot...

Excerpt: ...: o Kozka Decl: Nos. 6, 7, 18 Plaintiff's Evidentiary Objections ‐ Overruled: Nos. 1‐3, 7 The Assembly's request for judicial notice of the Joint Rules of the Senate and Assembly is GRANTED. On April 15, 2007, Plaintiff began working as a photographer/cinematographer at the Broadcast Service Unit within the Member Support and Outreach Division of the Republican Caucus. (UMF 1‐2, 7.) Plaintiff's primary duties were taking and editing photogr...

Excerpt: ...rting Agencies Act (Civ. Code § 1785.1, et seq.), violation of the Consumer Legal Remedies Act (Civ. Code § 1750, et seq.), violation of Bus. & Prof. Code § 17200 and for declaratory relief. Plaintiffs have alleged that Defendant failed to issue post‐repossession Notices of Intent to Dispose of Property that strictly complies with statutory requirements and also unlawfully assesses deficiency balances. Defendant seeks to compel Plaintiffs' i...

Excerpt: ...mination in violation of public policy. At issue on this motion are Plaintiff's responses to requests for production nos. 1, 8, 10 ‐11, 12‐15, 22‐24, and 73. With respect to requests 1, 8, 10‐11, 12‐15 and 73, which sought documents related to Plaintiff's employment with Defendant and communications she has had with others related to the claims in this action, Plaintiff interposed various objections but also indicated that subject to th...

Excerpt: ...dure §583.310 and §583.360 since plaintiff failed to bring this action to trial within five (5) years. Coupled with the lack of opposition which is construed as a concession on the merits, this court will grant the motion to dismiss. Code of Civil Procedure §583.310 provides in its entirety: “An action shall be brought to trial within five years after the action is commenced against the defendant.” California law clearly holds that the fiv...

Excerpt: ... Any request for oral argument must still be made by no later than 4:00 p.m. on Wednesday, March 6, 2019**** The motion of Defendants Hartford Fire Insurance Company (“Hartford”), Matt Murphy (“Murphy”), and James Sweetman (“Sweetman”) for summary judgment, or in the alternative summary adjudication, as to the First Amended Complaint (“FAC”) of plaintiff Michael J. Widner (“Widner”) is granted in part and denied in part as set...

Excerpt: ...See McGinley Decl. ¶¶ 1‐ 28 and Exhs. 1‐2.) As the record establishes defendant Shinga Wineco, LLC (“Defendant”) has no interest in the vehicle given that the amount owned exceeds the value of the vehicle, Plaintiff is not required to file an undertaking. The amount Defendant must post as an undertaking to stay delivery or regain possession pursuant to CCP § 512.020 is $56,260.25. Plaintiff is also entitled to a turn over order. (CCP �...

Excerpt: ...uest for oral argument must still be made by no later than 4:00 p.m. on Wednesday, March 6, 2019**** Defendants Robert Scott St. Clair, Hillary Jean St. Clair (collectively the “St. Clairs”), Mark Randall Swartz and that Law Offices of Mark R. Swartz's (collectively Swartz”) (all defendants are collectively referred to herein as “Defendants”) demurrer to Plaintiff Travelers Property Casualty Co.'s (“Travelers”) complaint is ruled up...

Excerpt: ...ater than 4:00 p.m. on Wednesday, March 6, 2019**** Plaintiff Eric Hunt's motion for protective order is ruled upon as follows. This is a motor vehicle, personal injury action. Plaintiff alleges that on 6/1/2016, Defendant Gary Peifer failed to drive at a safe speed and distance and crashed his truck into the rear of Plaintiff's vehicle. In his complaint, Plaintiff alleges that he was “was injured in his health, strength and activity, sustainin...

Excerpt: ...staken notion that this means taking judicial notice of the existence of facts asserted in every document of a court file, including pleadings and affidavits. However, a court cannot take judicial notice of hearsay allegations as being true, just because they are part of a court record or file. A court may take judicial notice of the existence of each document in a court file, but can only take judicial notice of the truth of facts asserted in do...

Excerpt: ...made by no later than 4:00 p.m. on Wednesday, March 6, 2019**** Plaintiff Reviver Financial, LLC, successor in interest to CNU of California, LLC dba Net Credit's motion for summary judgment is ruled upon as follows. This is an action for breach of contract and common counts. Plaintiff is a debt buyer. Plaintiff alleges that it purchased the loan between Defendant Daniel Hudson and CNU of California, LLC dba Net Credit. Plaintiff alleges that Def...

Excerpt: ...y no later than 4:00 p.m. on Wednesday, March 6, 2019**** *** If oral argument is requested, the parties are directed to notify the clerk and opposing counsel at the time of the request which of the Issues identified in the Notice of Motion and which of the Undisputed Material Facts offered by the moving defendants and/or the Additional Material Facts offered by plaintiff will be addressed at the hearing and the parties should be prepared to poin...

Excerpt: ...endant Vrame is CRLLC's managing member. Plaintiff alleges causes of action for breach of contract, fraud, and negligent misrepresentation. In evaluating a motion for summary judgment or summary adjudication the court engages in a three step process. The Court first identifies the issues framed by the pleadings. The pleadings define the scope of the issues on a motion for summary judgment or summary adjudication. (FPI Dev. Inc. v. Nakashima (1991...

Excerpt: ...ral argument must still be made by no later than 4:00 p.m. on Wednesday, March 6, 2019**** Plaintiff's motion to compel third‐party Alta California Regional Center's (“ACRC”) compliance with subpoena duces tecum is UNOPPOSED and is GRANTED. This is an action for Dependent Abuse (W&I Code 15600 et seq.) and Violation of Resident's Bill of Rights. The action is brought by Plaintiff Kara Hagstrom ("Kara" or "Plaintiff&#...

Excerpt: ...aintiff filed this action to recover damages for: (1) violation of Business & Professions Code §§ 14200 et seq. (Model State Trademark Law/Trademark Infringement); (2) trade name infringement; (3) violation of California's Anti‐Phishing Act of 2005; and (4) unfair competition. Plaintiff served requests for production, set one, on Defendant on March 27, 2018, and received responses on May 24, 2018. The parties met and conferred regarding furth...

Excerpt: ...n, which were filed conditionally under seal, remain under seal in their redacted form as filed. Plaintiffs contend the redactions protect Plaintiffs' private financial information and Defendants' trade secrets. Under California Rules of Court, Rule 2.551, a record must not be filed under seal without a court order. (Cal. Rule of Court, Rule 2.551(a).) The Court may order that a record be placed or filed under seal if it expressly finds that: (1)...

Excerpt: ...ment must still be made by no later than 4:00 p.m. on Wednesday, March 6, 2019**** Plaintiffs General Charles E. Yeager (Ret.) and Victoria Yeager's (collectively “Yeagers”) motion to tax costs is ruled upon as follows. Overview This is a legal malpractice action brought by the Yeagers. According to the First Amended Complaint ("FAC"), Defendants represented them beginning in or about June 2009. The Yeagers breached their fee agreemen...

Excerpt: ...ate. Any request for oral argument must still be made by no later than 4:00 p.m. on Wednesday, March 6, 2019**** Defendants Windsor Sacramento Estates, LLC dba Windsor Care Center of Sacramento (“WCCS”) and S&F Management Company, Inc.'s (“S&F”)(collectively “Defendants”) Petition to Compel Arbitration is ruled upon as follows. Co‐Defendants Lawrence Feigen, Lee Samson (collectively “Managing Defendants”), and Windsor Haysac Hol...

Excerpt: ...eeding in pro per. On June 6, 2018, this Court granted Defendant's three motions to compel. Plaintiff was ordered to serve verified responses, without objections, to Defendant's form interrogatories, special interrogatories, and requests for production on or before June 16, 2018. Plaintiff has failed to comply with these Court orders and Defendant now moves for issue, evidence, terminating, contempt, and/or monetary sanctions in the sum of $935 a...

Excerpt: ...mports, sells, and/or distributes for sale in California vinyl/PVC seat covers containing the plasticizer and Proposition 65‐listed chemical, di(2‐ ethylhexyl)phthalate (DEHP), hereinafter the "Products," without first providing the health hazard warning required by Proposition 65. A true and correct copy of the Consent Judgment is attached as Exhibit A to the supporting declaration of Laralei S. Paras (Paras Decl) DEHP is listed purs...

Excerpt: ...entered as a first step which orders the sale of the property and apportionment based upon the parties' interests in the property. (E.g., Finney v. Gomez (2003) 111 Cal.App.4th 527, 532; CCP § 872.720.) Further a referee will then be appointed to sell the property in accordance with CCP § 873.010 upon noticed motion. The Court notes that the instant complaint does not request any specific dollar amount of relief. As a result, Plaintiff will not...

Excerpt: ... for preliminary injunction is granted as set forth below. Reinnoldt's objections to evidence are ruled upon as follows: Sustained Objection No. 2, 6, and 7; overruled Nos. 1, 3, 4, 5, and 8. The subject Deed of Trust dated January 31, 2017 ("Deed of Trust") encumbers the Folsom Property which is owned by Reinnoldt and LLC as tenants‐in‐common, with undivided interests of 30% and 70% respectively. LLC had noticed a trustee's sale ...

Excerpt: ... on the pleading under submission following oral argument, the Court issued its order affirming the tentative ruling, granting the motion, and addressing matters raised at oral argument. On February 11, 2019, the Court entered judgment in the action in accord with its ruling on the motion for judgment on the pleadings. Once judgment has been entered, the court may not reconsider it and loses its unrestricted power to change the judgment. The cour...

Excerpt: ...ment that a party respond to supplemental interrogatories unless they have something to supplement. CCP 2030.070 provides that: (a) In addition to the number of interrogatories permitted by Sections 2030.030 and 2030.040, a party may propound a supplemental interrogatory to elicit any later acquired information bearing on all answers previously made by any party in response to interrogatories. (b) A party may propound a supplemental interrogatory...

Excerpt: ...5. Alpine brings this motion solely to compel Elliot to provide the original verification of the unverified responses served November 17, 2018. Alpine's counsel sent two letters to Elliot's counsel requesting Elliot's verification of the subject discovery responses. The first letter was dated November 27, 2018. The second letter was dated January 7, 2019. The second letter indicated that Alpine would file its motions to compel the verifications i...

Excerpt: ...hich plaintiffs allege that they were stopped at a signal after exiting Highway 80 in Sacramento County. After the signal light turned green. plaintiff Morgan proceeded onto Watt Avenue when she was hit by defendant Eaton who was riding a motorcycle when he ran a red light. Plaintiff seeks to amend the complaint, relying on CCP 425.13. However, that code section applies only to medical malpractice cases and requires an evidentiary showing. The Co...

Excerpt: ...dding a claim that would benefit the Class as a whole. The amendment is alleged to be necessary to ensure that all of the claims applicable to the Class are raised. PAGA includes an administrative procedure that the aggrieved employee must exhaust as a prerequisite to filing a civil suit. The administrative prerequisites to filing suit in section 2699.3 are triggered when an aggrieved employee seeks certain civil penalties under the Labor Code. S...

Excerpt: ... as the motion is unopposed. On May 10, 2018, plaintiff Anthony Schwartz propounded Form Interrogatories ‐ General, Set One (1), Request for Admissions, Set One (I), Request for Production of Documents, Set One (1), and Special Interrogatories, Set One (1) on defendant Sharon L. Wessels. Defendant Wessels did not respond to any of the discovery, and Schwartz subsequently moved to compel responses on October 10, 2018. Defendant Wessels did not o...

Excerpt: ...a wrongful death cause of action and to remove the prayer for relief for general damages in connection with the second cause of action for battery to reflect the Court's prior ruling on a motion to strike. Defendants Maria Cucicea and Christian Tratta oppose the motion on the basis that Plaintiff failed to comply with CRC 3.1324 and also that Plaintiff has delayed in seeking the amendment. “Trial courts are vested with the discretion to allow a...

Excerpt: ...at Rio Consumnes Correctional Center. On January 7, 2019, this Court granted Defendant's unopposed motion for summary judgment. Final judgment has not yet been entered. Defendant now seeks an order declaring Plaintiff to be a vexatious litigant pursuant to CCP § 391(b)(1) and also seeks a pre‐filing order. The purpose of the vexatious litigant statute is to address the problems created by the "persistent and obsessive litigant" who cau...

Excerpt: ... stay entered on 1/18/19 is LIFTED. RRI's request for judicial notice is GRANTED. Factual / Procedural Background This is a residential landlord / tenant case. In his verified complaint, Plaintiff Michael Scallin (Scallin) identifies himself as the tenant, and he identifies Co‐Defendant Tom Blum (Blum) as a “known property owner.” A lease agreement (Lease) attached to the complaint identifies RRI as “Agent.” A move‐in inspection repor...

Excerpt: ...or, in the alternative, summary adjudication of issues is DENIED. Overview The complaint in this case contains causes of action against Valaga for negligence and premises liability. The plaintiff is Daniel Yakushchenko (Yakushchenko). Yakushchenko and Valaga are neighbors. On the date in question, Yakushchenko saw Valaga cutting limbs from a tree in the front yard of Valaga's property. (Undisputed Material Fact (UMF) 1.) Yakushchenko offered to h...

Excerpt: ..., the State Compensation Insurance Fund (“SCIF”) for insurance premiums for the period of September 9, 2014 to September 9, 2015 in the amount of $49,666.47. NCCS seeks summary adjudication of the first and second causes of action. Even though these are the only two causes of action in the complaint, NCCS does not move for summary judgment but only summary adjudication. Any party may move for summary judgment in any action or proceeding if th...

Excerpt: ...ng counsel is directed to contact opposing counsel and advise him/her of Local Rule 1.06 and the court's tentative ruling procedure and 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 in person or by telephone. The notice of motion does not comply with Code of Civil Procedure §1010 or CRC Rule 3.1110(a). Factual Background This is a cons...

Excerpt: ...0.41(a) and that they did not contact Perez to discuss which causes of action they intended to demur to and why any allegations were deficient. Cross‐Defendants submitted a declaration in reply indicating that Ms. Dove talked with Perez's counsel and requested that he dismiss Cross‐Defendants from the crosscomplaint because Ms. Wexler was not involved with the subject conduct, etc. and that the demurrer would be filed. Here, as there were onl...

Excerpt: ...ers. *** Defendant Norcal Masonry Builders, Inc.'s demurrer to Plaintiff Bay Cities Paving & Grading, Inc.'s second amended complaint (“SAC”) is ruled upon as follows. Plaintiff's request for judicial notice is granted, with the exception of Exhibit A ‐ webpage printout from California Secretary of State. CAB's request for judicial notice of certain webpages from the Department of Insurance is DENIED. As noted in Jolley v. Chase Home Financ...

Excerpt: ...collectively “Defendants”) is SUSTAINED with leave to amend. Defendants' request for judicial notice of the complaint and first amended complaint (FAC) is GRANTED. The Loan Modification Agreement and Forebearance Agreements attached as exhibits to the McLoon Declaration are STRICKEN. The court may not consider evidence at this juncture. In addition, the FAC makes no reference to the agreements, and federal rules authorizing courts to consider...

Excerpt: ... service. On 1/9/2019, Plaintiff filed a request for entry of default which was granted. Pursuant to CCP 585(a), “[i]n an action arising upon contract or judgment for the recovery of money or damages only, if the defendant has, or if more than one defendant, if any of the defendants have, been served, other than by publication, and no answer, demurrer . . . has been filed with the clerk of the court within the time specified in the summons, or ...

Excerpt: ...RANTED, as set forth below. This case involves allegations regarding childhood sexual abuse that occurred in the Mark Twain Elementary School. Plaintiff and other minor students were sexually abused by Sacramento City Unified School District (the “School District”) employee Joshua Rolando Vasquez (“Vasquez”). Vasquez video recorded his childhood sexual abuse of Plaintiff and other minor students. In essential part, these videos are at the...