Excerpt: ...cluding defects affecting the engine (“Engine Defects”), Plaintiff seeks to compel Defendant to provide full and complete responses to certain requests for production. Requests Nos. 1, 10, 18, and 20‐ 25 relate to Defendant's investigation and analysis regarding the defects. Requests Nos. 7, 32, 37, 39‐42, 46, 54, and 59 relate to Defendant's warranty and repurchase policies. Defendant interposed numerous objections to the requests for pr...

Excerpt: ...on owed as a managing member of Track 7. Ryan Graham and Geoff Scott were the original managing members of Track 7. Geoff Scott resigned as managing member of Track 7 on September 19, 2018, and had ceased being an employee of Track 7 prior to that time. The original Complaint filed February 19, 2019, alleged that beginning in September 2016, concerns regarding the workplace behavior and work environment created by defendant Ryan Graham began to s...

Excerpt: ...he defendant. As defendant filed a reply, the court is considering plaintiff's correspondence because this is a dispositive motion. Defendant's Request for Judicial Notice is granted. Self‐represented incarcerated Plaintiff filed a Complaint against the State of California Department of Corrections and Rehabilitation (CDCR) for personal injuries while incarcerated at Old Folsom State Prison (Folsom). Plaintiff alleges he slipped on a bl...

Excerpt: ...e and thus fails to state facts sufficient to constitute a cause of action, and that it is barred by the applicable Statute of Limitations. (Code of Civ. Proc. § 338, subd. (d).) In July 2013, Plaintiffs purchased a 2014 Chevrolet Cruze, GM is alleged to have known, since 2013, if not earlier, that the 2.0L turbo diesel engine, installed in 2014 Chevrolet Cruze vehicles (hereinafter "Chevy Vehicles") contained one or more design and/or m...

Excerpt: ...defenses pled in the answer fails to state facts sufficient to constitute a defense and is uncertain because they are boilerplate conclusions. Defendant KP Cal's Answer contains 30 affirmative defenses. The Notice of Motion challenges only the 1st ‐ 13th Affirmative defenses (See Notice of Motion) A demurrer to an answer follows the general rules of a demurrer to a complaint. (South Shore Land Co. v. Petersen (1964) 226 Cal.App.2d 725, 732 ...

Excerpt: ...ion. In September of 2016, plaintiff Molly Baker, M.D. (“Plaintiff”) filed a lawsuit (separate from this action) against Sutter Medical Group entitled Baker v. Sutter Medical Group, Case No. 34‐2016‐00199916. In that separate action, in arbitration, Plaintiff alleges nine causes of action: Disability Discrimination, Hostile Work Environment Harassment Based on Disability, FEHA Retaliation, Failure to Accommodate, Failure to Engage in a Go...

Excerpt: ...inator for Kaiser in Roseville California, brings this Qui Tam action contending that Kaiser was unlawfully collecting monthly Medi‐Cal payments for patients for whom it was not eligible to collect those payments. On August 24, 2017, Plaintiff filed a Qui Tam action for Money Damages and Civil Penalties against KFHP and KP Cal. for Violation of the False Claims Act. A qui tam action has been defined as follows, "An action brought under a st...

Excerpt: ...r 19, 2018, a neurophysical examination on April 4, 2019 and an orthopedic examination on March 18, 2019. Moving Parties now seek an order requiring Plaintiff participate in an oral examination by an oral surgeon. If a defendant desires additional physical examinations, the defendant must obtain leave of court. (CCP §2032.310. [(a) If any party desires to obtain discovery by a physical examination other than that described in Article 2 (commenci...

Excerpt: ...h Plaintiff Alston at the Sacramento Main Jail on November 22, 2017. They further assert no cause of action is stated under the Bane Act (Second cause of action), that public employees are immune from tort liability for failure to summon care for inmates in non‐emergency situations, and, finally, that "Government code immunities exempt Defendant County of Sacramento from liability for Plaintiff's tort claim." MPA, p. 4. The Court no...

Excerpt: ...existence, not the truth of their contents. (See Professional Engineers v. Dep't of Transp. (1997) 15 Cal.4th 543, 590; Steed v. Department of Consumer Affairs (2012) 204 Cal.App.4th 112, 120‐121.) The Court notes there is no argument based on the doctrine of the law of the case, res judicata, or collateral estoppel, and the judicially‐noticed documents are therefore entirely irrelevant. Defendant's objections are overruled. The portions of t...

Excerpt: ...eks terminating sanctions only on the basis that Plaintiff has not provided the Court ordered responses. No lesser sanction was requested. For misuse of the discovery process, including as is the case here, disobeying a court order to provide discovery, the Court may impose a terminating sanction by one of the following: an order striking out the pleadings or parts of the pleadings of any party engaging in the misuse of the discovery process or a...

Excerpt: ... fraud in connection with Donald Kenworthy's purchase of a home in Hawaii. Plaintiff alleges that Ms. Blakeney, along with others, took advantage of Donald Kenworthy's advanced age (then 85) and failing medical health. Plaintiff alleges that Defendant Blakeney entered a romantic relationship with Donald Kenworthy in approximately 2013 with the intent and for the purpose of gaining access to Donald Kenworthy's assets for her own personal gain. Pla...

Excerpt: ...s' fees and litigation costs incurred attempting to enforce and collect on its judgment against judgment debtors RML Childrens Home, Inc., Reece Ventura, an individual, Rodina A. Ventura (aka Rodina A. Cordero), an individual, and RML Care Group, Inc. (collectively, “Defendants” or “Judgment Debtors”). This action arises from Defendants failure to comply with wage and hour laws. Plaintiff worked for defendants as a live‐in caregiver in ...

Excerpt: ...ts termination of Susana Oh's employment. Approximately four and a half months after her termination, Ms. Oh committed suicide. Ms. Oh's heirs and estate now seek to recover damages against Ms. Oh's former employer, defendant Crossroads Diversified Services, Inc. and County (not demurring), for damages arising from her employment including causing her death. Plaintiffs allege that defendant operated in partnership with the Department ...

Excerpt: ...aintiff) failed to serve the Summons and Complaint for more than two years and four months since he first filed this action and he has failed to bring the case to trial within two years of the filing of the Complaint. The Complaint in this FEHA employment discrimination case was filed on November 23, 2016. Despite numerous OSCs and case management hearings attempting to move this case along and effectuate service, the defendant was not served unt...

Excerpt: ...ion arises out of his former employment with the administrative employer for NRC and NRC ES, NRC Payroll Management, LLC ("NRC PM") Plaintiff asserts claims for (1) failure to pay overtime wages; (2) failure to pay minimum wages; (3) failure to provide meal periods; (4) failure to provide rest breaks; (5) failure to provide reimbursement expenses; (6) failure to provide accurate and itemized wage statements; (7) waiting time penalties; (8...

Excerpt: ...es, Inc. and an individual defendant, Rod Martindale (collectively, “Defendants”), on or around October 4, 2017. Plaintiff alleged eight causes of action against Defendants: (1) Violation of Labor Code sec. 98.6 and 1102.5, (2) Violation of Labor Code sec. 6310, (3) Disability Discrimination, (4) Failure to Accommodate Disability, (5) Failure to Engage in the Interactive Process, (6) Failure to Prevent Harassment, Discrimination and/or Retali...

Excerpt: ..., 60, 70, 71, 82‐ 86, 91, and 92 is GRANTED as set forth below. In this Lemon Law action involving a 2014 Chevrolet Cruz vehicle, which Plaintiffs allege suffered from various defects, including engine defects, Plaintiffs seek to compel Defendant to provide full and complete responses to certain requests for production (set one) and produce responsive documents corresponding to those requests. Requests nos. 1, 10, 19, 21‐26, 60, 70, 71, and 8...

Excerpt: ...uled upon as follows. This action arises out of an incident involving an Otis elevator located in the Sacramento Hyatt Regency. Defendant owns the building. Plaintiffs were riding in the elevator when it allegedly stopped, abruptly dropped three stories, stopped again, shook side to side, ascended once more, then fell again a short distance before coming to an abrupt stop. Plaintiffs allege injuries as a result of the elevator incident and filed ...

Excerpt: ...pute Resolution (“ADR”) Agreement executed on January 18, 2014. The ADR was signed by Decedent's daughter Barbara Gornto. Defendants contend that Ms. Gornto had the authority to bind the Decedent as the Decedent's authorized representative. This Court previously denied Defendants' petition in July 2017 finding that Defendants failed to prove that Ms. Gornto had the authority to enter into the arbitration agreement on the Decedent's behalf. Th...

Excerpt: ...led, though he appears to suggest that they are conclusory. When 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).) The Court must disregard all controverted allegations in ...

Excerpt: ...eby preliminarily approving the terms of the settlement. By this motion, Plaintiff now seeks final approval of the settlement. This is a wage and hour action brought by Plaintiff on behalf of a class of approximately 77 similarly situated individuals. Plaintiff's claims are based on defendant University of the Pacific's (“Defendant”) purported failure to provide meal and rest periods by adopting a policy that required security guards to remai...

Excerpt: ... was held on May 4, 2018 before Judge Sawtell. Judge Sawtelle denied the request and ordered Petitioner to pay $5,000 in attorney's fees. A minute order to that effect was issued on May 4, 2018. Thereafter Petitioner filed an objection to the “proposed judgment” and Judge Sawtelle denied the motion on June 1, 2018. Petitioner filed a second objection which Judge Sawtelle denied on July 30, 2018. Petitioner disqualified Judge Sawtelle pursuant...

Excerpt: ...instant demurrer, originally set to be heard on June 18, 2019. In commencing review of the demurrer and opposing papers, the Court noted at the outset that the parties had not fulfilled their mandatory duties under Code of Civil Procedure section 430.41 to meet and confer regarding the substance of the demurrer prior to filing. The matter was then continued until today's calendar and the parties were directed to meet and confer and inform the Cou...

Excerpt: ...y sued as Sacramento County Sheriffs Department) and Sheriff Scott Jones were negligent and committed intentional torts in the arrest, search warrants, and the entry into her home by Sheriffs Department personnel. No federal civil‐rights claims were asserted. Plaintiff sought monetary damages for violation of her rights, property damage and emotional distress. She alleges causes of action for negligence, intentional tort, and "state constit...

Excerpt: ...tered into a Purchase Agreement, by which Samra agreed to sell real property to PSCG. (Compl. ¶ 9.) Under the terms of the Purchase Agreement, possession of the real property would be conveyed to the buyer at the time of closing, subject to the right of any occupant tenants under existing leases. (Compl. ¶ 11.) A material provision of the original Purchase Agreement is contained at Paragraph 9.1(e), which provides: “Buyer has … 180 days fol...

Excerpt: ... the plaintiff may move the court for an order for possession at the time of filing the complaint or at any time after filing the complaint and prior to entry of judgment. (Civ. Proc. Code § 1255.410(a).) This process is sometimes referred to as a "quick take" or "early possession." The Sacramento Area Flood Control Agency's ("SAFCA") mission is to provide the Sacramento region with at least a 100‐year level of floo...

Excerpt: ...5) to hear all discovery motions in this case. On June 7, 2019, in ruling on an earlier discovery motion, the Court stated "The Court notes that in addition to the three motions on today's calendar there appear to be additional discovery motions pending in this case. The Court is well familiar with the numerous discovery disputes that arise in elder abuse cases. The Court perceives that this dispute is simply one of many to come. Given th...

Excerpt: ...termination in violation of the California Fair Employment and Housing Act and the California Family Rights Act. Plaintiff also alleges violations of the Labor Code and the Business & Professions Code arising out of Defendants' payment of wages and their recordkeeping practices. On or about April 12, 2019, Plaintiff filed motions to compel further response to requests for production of documents (set one), special interrogatories, and form interr...

Excerpt: ...lowing grounds: 1. Defendant is entitled to summary adjudication of Plaintiff's first cause of action for unlawful retaliation fails because Plaintiff failed to exhaust her internal administrative remedies. 2. Defendant is entitled to summary adjudication of Plaintiff's first cause of action for unlawful retaliation for protected activity pursuant to California Labor Code §1102.5 because Plaintiff cannot establish a prima facie case of r...

Excerpt: ...ement was reached with Rite Aid's counsel by which all defendants were purportedly to collectively pay $130,000 to plaintiff in exchange for a complete release and dismissal with prejudice, with all parties paying their own fees and costs. On May 3, 2019, Rite Aid filed a notice of unconditional settlement in which it stated that a dismissal would be filed within 45 days. The Settlement Agreement states Rite Aid agreed to pay $55,000, propert...

Excerpt: ...efendant states that she gave the Complaint to her bankruptcy attorney, Scott Sagaria, soon after she was served in February. She states Sagaria had told her that if she received any court documents from her creditors to send them to him and he would take care of them as part of his legal services. Scott Sagaria passed away in September of 2018. Defendant later learned that he had never filed the bankruptcy petition nor had he filed responses to ...

Excerpt: ...the Court will not delay this matter any longer. Plaintiff's request for judicial notice is granted. In this lemon law action, Plaintiff actually moves to strike Defendant's affirmative defenses 2‐24. “The court may, upon a motion made pursuant to Section 435, or at any time in its discretion, and upon terms it deems proper: (a) Strike out any irrelevant, false, or improper matter inserted in any pleading, (b) Strike out all or any part of an...

Excerpt: ...ted. Usually, defective notice deprives the court of jurisdiction to consider the motion. (Lee v Placer Title Co. (1994) 28 Cal.App.4th 503, 509, 511.) However, plaintiff Lobel Financial Corp. (“Plaintiff”) has substantively opposed the motion and did not raise defective notice in opposition. Therefore, Plaintiff has waived any objection that may have existed based on defective service (Carlton v. Quint (2000) 77 Cal.App.4th 690, 696‐698), ...

Excerpt: ...ed on as follows. On April 14, 2015, the Court granted Judgment Creditor's Special Motion to Strike plaintiff's causes of action and entered judgment in favor of Judgment Creditors. The Court subsequently granted Judgment Creditors' Motion for Attorneys' fees in the amount of $22,284. (Bardzell Decl. ¶¶ 3, 6, Exhs. A, C.) Judgment Creditors served the instant post‐judgment discovery on October 9, 2018. (Bardzell Decl. ¶13, Exh. F.) J...

Excerpt: ...for reconsideration. [Citations.]" (Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 859, fn. 29; accord APRI Ins. Co. v. Superior Court (1999) 76 Cal.App.4th 176, 182.) A motion for reconsideration may only be considered before final judgment is entered and while the case is still pending in the trial court. (Eddy v. Sharp (1988) 199 Cal.App.3d 858, 863, fn. 3. ) “The issue is jurisdictional. Once the trial court has entered judgme...

Excerpt: ...Defendants Sonia Bains and Harkirat Singh and dropped as to Specially appearing defendants Ravinderjit Singh, Rabinder Singh, Ajaypal Singh, Jorge Bravo, Rajinder Kaur, Nivas LLC, 18th Street LLC, Misa Communication LLC, and Avant Wireless, LLC's as their motion to quash service of summons has been granted. This matter was continued from June 20, 2019 to allow Defendants to comply with CCP § 430.41(a). Self‐ represented Plaintiff Gurinderjeet ...

Excerpt: ...l foreclosure, fraud, breach of contract, breach of the implied covenant of good faith and fair dealing and violation of Business and Professions Code § 17200. Shellpoint's demurrer to Plaintiff's original complaint was unopposed and granted on May 21, 2019. Plaintiff then filed the FAC on May 31, 2019, and Shellpoint demurs to each cause of action on the grounds they fail to state facts sufficient to constitute a cause of action. Shellpoint's d...

Excerpt: ...(1990) 220 Cal. App.3rd 1117, 1138.) Newberg on Class Actions (4th Ed.), the most 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 Cou...

Excerpt: ... owned, maintained, and controlled the subject premises and that Defendant was acting in the course and scope of its employment by Donahue. He alleges that improper lighting led Plaintiff to be struck by Defendant Mailua Vue's vehicle on December 21, 2015. Defendant's separate statement includes the following. On April 28, 2014 Defendant entered into a service contract with Donahue Schriber Realty Group, L.P. pursuant to which Defendant agreed to...

Excerpt: ...ndants Emanuel and Sunday Balalises have refused to effectuate the terms of a settlement agreement between the parties. Any party may move for summary judgment in any action or proceeding if the party contends that (1) the action or proceeding has no merit or (2) there is no defense to the action or proceeding. CCP 437c(a). A cause of action has no merit if one or more of the elements of the cause of action cannot be separately established, even ...

Excerpt: ...an Ha was the realtor. They allege that shortly after close of escrow they discovered the home was contaminated with mold. They also allege that Defendants misrepresented the scope of marijuana grow operations that were conducted in the home, specifically failing to disclose that a large scale marijuana grow operation had been conducted. Defendant Robert Do is Defendant Ha's brother and Defendant Elite Norcal Corporation is the brokerage firm. Pl...

Excerpt: ..., LLC, held on June 26, 2019. Plaintiff's discovery motions were filed on May 30, 2019. In the motions, Plaintiff requests supplemental responses to the following discovery: Requests for Production: (1) All DOCUMENTS that RELATE TO, reflect, refer to, or record the security procedures YOU required AGGRIEVED EMPLOYEES to perform when opening and/or closing a location during the RELEVANT TIME PERIOD. (7) All TIMESHEETS for AGGRIEVED EMPLOYEES. (8) ...

Excerpt: ...ntiff alleges that “while under the influence of alcohol” Defendant failed to slow for traffic and rear‐ended a vehicle which was pushed into Plaintiff's vehicle. (Comp. ¶ 6.) Plaintiff alleges that Defendant “had been drinking alcohol and had notice that [she was] driving under the influence of alcohol and that [her] conduct created a dangerous condition and that the situation was unreasonably dangerous to Plaintiff and to public safety...

Excerpt: ...verruling in part Defendants' demurrer to the FAC held that any allegations pertaining to Plaintiffs' conditional use permit (“CUP”) for a gas station at the Curtis Park Village Commercial Center (the “Gas Station Project”) could not serve as the basis for liability for the second, third, and fourth causes of action in the FAC. The Court found those allegations would fall before the various immunities and protections afforded to the City ...

Excerpt: ...ear all discovery motions in this case. On June 7, 2019, in ruling on an earlier discovery motion, the Court stated "The Court notes that in addition to the three motions on today's calendar there appear to be additional discovery motions pending in this case. The Court is well familiar with the numerous discovery disputes that arise in elder abuse cases. The Court perceives that this dispute is simply one of many to come. Given the natur...

Excerpt: ...mber 29, 2016, incident that occurred at the ice skating rink located in downtown Sacramento, which was operated by Special Ice. DSP owns the real property on which the ice skating rink is located. DSP and Special Ice entered into a written contract for the operation of the ice skating rink. Plaintiff Dyan McMiller, a 65 year old woman, fell while skating backwards. Plaintiff tried to brace her fall with both hands and suffered bilateral fracture...

Excerpt: ...ses, without objections, to Defendant's form interrogatories, set one, special interrogatories, set one, and request for production, set one. Plaintiff was ordered to serve verified responses, without objections, on or before April 5, 2019. Plaintiff has failed to comply with this Court order and Defendant now moves for terminating sanctions or in the alternative evidentiary sanctions. Defendant also seeks monetary sanctions. For misuse of the di...

Excerpt: ...ment, thereby preliminarily approving the terms of the settlement. By this motion, Plaintiff now seeks final approval of the settlement. In this wage and hour action, Plaintiff alleges Defendants' policies and practices resulted in numerous violations of California law, including the: 1) failure to pay overtime wages; 2) failure to pay minimum wages; 3) failure to provide meal periods; 4) failure to provide rest periods; and 5) failure to provide...

Excerpt: ...und the entire edge of the pool and dips down to 6 feet in the center. Plaintiff dove into the pool and was injured. Plaintiff filed his complaint on May 31, 2018, alleging general negligence, premises liability, and products liability. After Plaintiff received discovery responses and documents from Defendants identifying the contractors involved in the design and construction of the pool, Plaintiff and Defendants have agreed to settle the matter...