Excerpt: ...989) 217 Cal.App.3d 200, 209, fn.4; see also Hines v. Lukes (2008) 167 Cal.App.4th 1174, 1182‐83.) Judgment may be entered under section 664.6 whether the parties are complying with the terms of the agreement or whether they are not. (Viejo Bancorp, 217 Cal.App.3d at 209, fn.4.) By enacting Code of Civil Procedure section 664.6 in 1981 (Stats. 1981, ch. 904, § 2, p. 3437), the Legislature endorsed the nonstatutory speaking motion procedure; th...

Excerpt: ...ter its decision to deny the motion. Plaintiff's objections to the declaration of Roberto Montoya are overruled. This is a nonjudicial foreclosure case that was filed on February 13, 2019. It concerns a residence Plaintiff purchased in 2004. To finance the purchase, Plaintiff obtained a loan from Homecomings Financial Network, Inc. (“Homecomings”) in the amount of $381,000, secured by a Deed of Trust recorded against 2062 Empire Mine Circle, ...

Excerpt: ...ed settlement in a class action is fair. (Rebney v. Wells Fargo Bank (1990) 220 Cal. App. 3rd 1117, 1138.) The law favors settlement, particularly in class actions and other complex cases where substantial resources can be conserved by avoiding the time, cost, and rigors of formal litigation. (See Newberg on Class Actions 4th (4th ed. 2002) § 11.41 (and cases cited therein); Class Plaintiffs v. City of Seattle (9th Cir. 1992) 955 F.2d 1268, 1276...

Excerpt: ...7. With respect to CalTrans she alleges causes of action for Wrongful Death (Dangerous Condition of Public Property) and Wrongful Death (Negligence). Plaintiff alleges that a CalTrans employee who was intoxicated and distracted lifted the roadway for a boat but did not engage vehicle safety barriers. Plaintiff alleges that her father died while trying to rescue motorists whose vehicle had driven off the Tower Bridge. Plaintiff alleges that her fa...

Excerpt: ...iff Ralph Benson, Jr. Appearance is required on June 28, 2019. Plaintiff Ralph Benson, Jr. shall be available, by COURTCALL, to participate in oral argument on the continuance date. Defendant CDCR's unopposed demurrer to self‐represented Plaintiff Ralph Benson, Jr.'s first amended complaint is sustained without leave to amend. In this action self‐represented Plaintiff filed a form complaint indicating that he alleges causes of action for negl...

Excerpt: ...ter Plaintiff's ex parte application to continue was granted on June 18, 2019 based on Plaintiff's express representation that it was still working to prepare a motion for leave to amend its compliant. The Court received a late filed declaration from Plaintiff's counsel just prior to posting the tentative ruling indicating that he is still working on a motion for leave to amend. The original tentative ruling is republished below: Plai...

Excerpt: ... misrepresentation, and preliminary and permanent injunction. Plaintiff generally alleges CGI has failed to honor the terms of his employment agreement and compensate him in a timely manner. Plaintiff explains that pursuant to an Arbitrator's Final Award and a confidential Settlement and Release Agreement, CGI has agreed to make certain payments to some of its former shareholders (not including Plaintiff) in resolution of an action brought by the...

Excerpt: ...ained while working for Defendant at KP International Market. (Complaint at ¶ 6.) Plaintiff was a helper in the tortilla making area. On March 17, 2017, Plaintiff was cleaning a tortilla maker, which is a “power press,” when her right hand was pulled into the tortilla maker causing her to suffer personal injuries. (Complaint ¶¶ 12, 13, 17.) Plaintiff filed her complaint on March 13, 2019, alleging violation of Labor Code § 4558 against De...

Excerpt: ...mpliance with CCP 1005. Despite its untimeliness, the Court has considered the opposition, although it did not contribute to the Court's ruling. The City's request for judicial notice of the tort claim presented to the City by Plaintiff is DENIED. The Court notes Plaintiff did not attach a copy of the tort claim to her FAC. The City demurs to the first cause of action for whistleblower retaliation pursuant to Labor Code § 1102.5 on the groun...

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: ... Amended Complaint (“FAC”), filed on April 18, 2017, generally alleges that Defendants rendered legal services in connection with a federal court case' involving 42 U.S.C. § 1988 (Archer v. Taft); that Defendants allegedly failed to render competent services; that Defendants allegedly made misrepresentations to Plaintiffs regarding Plaintiffs' ability to recover attorneys' fees in that action, and Defendants' skills as attorneys; and tha...

Excerpt: ...ce is granted. This action arises out of a dispute related to the construction of a new commercial building located at 9250 Big Horn Boulevard in which plaintiff Mahmoud Khattab. M.D. (“Dr. Khattab”) operates his medical practice. Dr. Khattab and Big Horn entered into a construction agreement with the LLC and Sheba Construction, Inc. (“Sheba Construction”), whereby the LLC world serve as the project developer for the building's constr...

Excerpt: ...September 12, 2016, against Civic and Denova Homes, Inc. because Plaintiffs' claim the living conditions at the Bentley Place apartment complex ("Bentley Place"), in which the Plaintiffs (a single mother and two minors) lived for more than a year, were uninhabitable. Plaintiffs' allege causes of action for (1) Premises Liability, (2) Violation of Civil Code § 1942.4, (3) Breach of the Warranty of Habitability, (4) Private Nuisanc...

Excerpt: ...d Confidential Settlement and Mutual Release Agreement dated May 21, 2019, both of which were lodged conditionally under seal on June 5, 2019. Both documents were lodged conditionally under seal as independent documents and neither document was filed. Plaintiff also lodged an unredacted memorandum of points and authorities in support of Plaintiff's motion for preliminary injunction, which narrowly redacts certain confidential settlement terms. Pl...

Excerpt: ...te unredacted memorandum of points and authorities in opposition to Defendant's MSJ/MSA [and substitute a redacted version] and the complete unredacted declaration of Matthew Breining in opposition to Defendants' MSJ/MSA [and substitute a redacted version]. Plaintiff's complete unredacted memorandum of points and authorities was lodged conditionally under seal on May 24, 2019. Exhibit B to the declaration of Mathew Breining was lodged conditional...

Excerpt: ...s directed to contact Defendant's counsel forthwith and advise counsel of Local Rule 1.06 and the Court's tentative ruling procedure. If Plaintiffs' counsel is unable to contact Defendant's counsel prior to the hearing, Plaintiffs' counsel shall be available at the hearing, in person or by telephone, in the event the opposing party appears without following the procedures set forth in Local Rule 1.06(A). Plaintiffs' motion seeks to strike objecti...

Excerpt: ... App. 4th 1277, 1291), and the meet and confer requirement imposes a duty of good faith on both parties. Gamesmanship is disfavored. This is a representative action in which Plaintiff seeks to represent all current and former hourly or non‐exempt employees who worked for Defendant within California at any time from July 31, 2013 through the date of final judgment. Plaintiff's claim is based on Defendant's alleged failure to compensate employees...

Excerpt: ...RTCALL, to participate in oral argument on the continuance date. Self‐represented Plaintiff Frank Dearwester's motion to withdraw voluntary dismissal is denied. At the outset, it bears noting that the motion lacks sufficient notice. C.C.P., sec. 1005 requires 16 court days notice of motion, with five additional calendar days for service by US Mail. Code of Civil Procedure section 1005 requires that the 16 court days be computed before counting ...

Excerpt: ...f George and Jody Parks now seeks an order allowing him to continue the pending action as Jody Parks' successor in interest. SMUD opposes the motion on the basis that Mr. Darr is not a proper successor in interest because his brother has an equal right to any estate and must be present in this action or must authorize Mr. Darr to act on his behalf in order to prevent multiple lawsuits. “On motion after the death of a person who commenced an act...

Excerpt: ... Defendant breached fiduciary duties owed to the corporation and Defendant has filed a cross‐complaint alleging that Plaintiff breached fiduciary duties. At issue on this motion are Defendant's responses to Plaintiff's special interrogatories nos. 1, 4‐12, 16 and 17. With respect to No. 1, Defendant indicates in opposition that he has now served an amended response which resolves the issue related to this interrogatory. In reply Plaintiff ind...

Excerpt: ...willful misconduct; (2) negligence; (3) elder abuse; (4) breach of fiduciary duty; (5) wrongful death; and (6) loss of consortium. The Complaint was filed on September 1, 2016. The complaint alleges that the Decedent was voluntarily admitted to UC Davis Medical Center (“UCD”) on August 19, 2014, for kidney transplant surgery. (Compl. ¶ 9.) He was 71 years old at the time. The Decedent underwent surgery on August 20, 2014, and was shifted to ...

Excerpt: ...nd Cause of Action is for violation of Labor Code § 226. Labor Code § 226 provides for a penalty against employers who fail to provide itemized Labor Code compliant wage statements. Defendant only demurs to the Second Cause of Action. In the Second Cause of Action Plaintiffs allege that Defendant failed to provide accurate itemized wage statements. They allege that while they and the other putative class members were paid hourly, the wage state...

Excerpt: ...Court ordered the case be transferred to this Court. On March 4, 2019, this Court sustained Defendant's demurrer to the original complaint on the ground that the complaint was uncertain. Plaintiff thereafter filed the operative first amended complaint. The form complaint appears to be identical, or nearly identical, to the original form complaint that Plaintiff filed. What is new is the “First Amended Complaint” attachment that Plaintiff adde...

Excerpt: ...n Plaintiffs from: 1. Attempting to notice shareholder or board of director meetings for the Franchise Corporation; and 2. Otherwise attempting to disturb the status quo through interference with the ongoing operations of the Restaurants, the LLC, or the Franchise Corporation. Defendants' request for judicial notice is unopposed and is GRANTED. Plaintiffs' Evidentiary Objections are ruled on as follows: ‐ Sustained: Donoho Decl. nos. 1, 2, 3, 5...

Excerpt: ...Plaintiff on May 5, 2016 to work at Express's Sacramento Airport Ramp facility. (Smith Decl. Ex. A.) Plaintiff worked for one hour on May 25 and resigned on June 1, 2016. (Smith Decl. Ex. C.) Plaintiff was hired by Express again on November 2, 2016 as a part‐time Handler in the same location. (Id. Ex. D.) Plaintiff worked 19 days, and then on December 21, Plaintiff advised her manager that she would submit her two weeks' notice the following da...

Excerpt: ...ident, in which Defendant Joseph Short drank cooking wine from the fridge during his shift as head chef at Paragary's Restaurant, and then drove home intoxicated. On his drive home, he hit a car parked on the shoulder, killing Plaintiff Tien Hoang Condell's (“Plaintiff”) husband, David Condell, and injuring Plaintiff. Defendants present 16 purported undisputed material facts “UMFs” in support of their motion for summary judgment, arguing ...

Excerpt: ...ication, as to the complaint of plaintiffs Ryan Eastlick and Shareen Eastlick is denied as set forth below. Defendants' request for judicial notice is granted. Plaintiffs' objections to evidence are ruled upon as follows: Corbo Dec.: Overruled ‐ 1, 3, and 4; Sustained ‐ 2. Defendants' objections to evidence are ruled upon as follows: Stevick Dec.: Overruled ‐ 2, 3, 4, 5, 7, 9, 10, 11, and 12; Sustained ‐ 1, 6, and 8. Plaintiffs Ryan and S...

Excerpt: ... JPMorgan Chase, Navy Federal Credit Union, and Central State Credit Union. These subpoenas seek all of her bank statements, all checks she wrote, all money orders obtained, all cashier's checks, and all wire transfers from January 2012 to present. Plaintiff moves to quash on the basis that the subpoenas do not seek relevant evidence. She argues that only her statements from October 2013 are relevant because the only “germane” issue is whethe...

Excerpt: ...alleges that she did not receive any of her investment back and that Mr. Terry drained the money and assets of the LLCs by paying himself and his related entities. Plaintiff now seeks to file a first amended complaint that adds causes of action violations of Bus. & Prof. Code § 17200 and financial elder abuse. There is no trial date. “It is the general policy that courts should exercise liberality in permitting the filing of supplemental plead...

Excerpt: ...on was untimely. Following an appeal, the case was remanded to allow Plaintiff leave to amend. Plaintiff filed her third amended complaint in November 2018. Again, she alleged a single cause of action for violation of FEHA. She now seeks leave to amend in order to withdraw a prayer for punitive damages, remove allegations regarding settlement discussions, specify her medical condition and disability and also change the reference to Government Cod...

Excerpt: ...frastructure Managed Services Enterprise Services Agreement (“Agreement”) which permitted Defendant to terminate it at its convenience, otherwise it was to expire on December 31, 2016. Plaintiff alleges that after Defendant terminated the Agreement in October 2016 for convenience that Defendant wrongfully retained possession of certain equipment. Plaintiff alleges numerous causes of action against Defendant for conversion, breach of contract ...

Excerpt: ...d diverted Plaintiff's customers to Defendant's new business (MyITBud). Defendant contends that he simply informed customers that he had left Plaintiff's employ and started his own company. At issue on this motion are Defendant's responses to special interrogatories nos. 24‐ 26 and 28. No. 24 Granted. This interrogatory asked for the total amount of money Defendant or MyITBud has been paid from 2012 to present by all customers who are not forme...

Excerpt: ...pped and fell on a substance on the floor at a Rancho Cordova Target store in July 2017. Defendant seeks summary judgment on the basis that it had no actual or constructive notice of a dangerous condition prior to the incident. Defendant argues that it had no record of the incident. Trial is set for July 22, 2019 though the parties have stipulated to continue the trial based on the discovery of new video evidence of the incident and a motion to c...

Excerpt: ...otion of Plaintiffs 9250 Big Horn Holdings, Inc., Mahmoud Khattab and Mahmoud Khattab, M.D., Inc. (collectively “Plaintiffs”) for a preliminary injunction prohibiting Defendant Sheba Development, LLC (“Defendant”) from seeking to record a notice of default, notice of sale, or foreclose on the property situated at 9250 Big Horn Boulevard in Elk Grove, California is GRANTED in part and DENIED in part. The objections of Plaintiffs and Defend...

Excerpt: ...pp.2d 61, 68 [recorded land documents, not contracts, are the subject of judicial notice on demurrer].) The Court, however, does not accept the truth of any facts within the judicially noticed documents except to the extent such facts are beyond reasonable dispute. (See Poseidon Devel., supra, 152 Cal.App.4th at 1117‐ 18.) see also Fontenot v. Wells Fargo Bank, N.A. (2011) 198 Cal.App.4th 256, 265 ("[A] court may take judicial notice of the...

Excerpt: ...nt on the continuance date. Defendant CDCR's unopposed demurrer to self‐represented Plaintiff Ralph Benson, Jr.'s first amended complaint is sustained without leave to amend. In this action self‐represented Plaintiff filed a form complaint indicating that he alleges causes of action for negligence and intentional tort. Plaintiff alleges that a correctional officer disrupted a religious service. The Court previously sustained CDCR's demurrer o...

Excerpt: ...up to Plaintiff's mobile home and yelled at Plaintiff about the medical van that was parked at the mobile home park and for which Plaintiff was seeking a reasonable accommodation. Then, on December 8, 2015, Defendant drove up to Plaintiff's mobile home at 6:41 a.m., jumped out of his car and yelled that Plaintiff did not own anything, that he was tired of this "shit" and that Plaintiff needed to "get the hell off" his prop...

Excerpt: ...lifornia Rule of Court 3.1308 and Local Rule 1.06(D). Defendant is directed to contact Plaintiff forthwith and advise of the correct address for Department 53 and the tentative ruling procedure. If Defendant is unable to contact Plaintiff prior to hearing, Defendant shall 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). OBJECTIONS Plaintiff's O...

Excerpt: ...Motion identifies the incorrect address for Department 53 for the hearing. Moving counsel is directed to make reasonable efforts to contact Defendant and advise her of Local Rule 1.06, the Court's tentative ruling procedure, and the manner to request a hearing. If moving counsel is unable to contact Defendant prior to hearing, moving counsel is ordered to appear at the hearing in person or by telephone. California Code of Civil Procedure section ...

Excerpt: ...after they are discharged from the hospital. Specific to Plaintiff Gloria Single, Plaintiffs allege that Defendant Pioneer House refused to re‐admit Plaintiff after Sutter Hospital discharged her following an inpatient psychiatric evaluation. The operative complaint contains causes of action for violation of California Health & Safety Code section 1430, Business & Professions Code section 17200 et seq. and declaratory relief. Summary of Discove...

Excerpt: ...actices. In part, it is alleged that in April, 2014, defendants entered into a written agreement with plaintiff "whereby plaintiff agreed, through its member physicians, to provide health care services/anesthesia to individuals enrolled in or a part of the health care products offered by defendants to such individuals, including, but not limited to members enrolled in or a part of PPOs, HMOs, etc. In exchange for providing health care service...

Excerpt: ...tten instrument under Civil Code § 3412, quiet title, and constructive trust. Plaintiff filed the First Amended Complaint on November 16, 2018, to add GR8 Track, Inc., Green Custodial Institute LLC, Green Custodial Institute, and Simple Signings, LLC as defendants. Generally, Plaintiff alleges that in July 2017 she moved into the "family home" at 7050 Cromwell Way in Sacramento with defendant Kevin Johnson, who lived there rent free. She...

Excerpt: ...o a request for production and then fails to produce in compliance with that agreement. (CCP § 2031.320(a).) That code section applies when a party states it will comply with the request. In order to prevail on a motion to compel compliance, the moving party must prove that the responding party has “fail[ed] to permit . . . the inspection, copying, testing, or sampling in accordance with that party's statement of compliance” contained in the...

Excerpt: ... on November 10, 2016, as a teacher at Vista Del Lago High School, he suffered serious injuries when a door closer mechanism, a component part of the modular classroom door failed, causing the arm of the door closer to strike plaintiff in the head, knocking him unconscious and resulting in significant life altering injuries. Enviroplex sold the modular classroom to Vista Del Lago High School. The door closer was manufactured, designed, and sold b...

Excerpt: ... order. Defendants also seek terminating sanctions. First, to the extent that the motion seeks an order of contempt it is denied. Contempt cannot simply be requested by way of a motion. A court cannot, as Defendants seek to have this court do here, punish a contempt committed outside its presence without a full hearing at which the alleged contemptor appears through personal service of an order to show cause. (CCP § 1212; Lund v. Superior Court ...

Excerpt: ...Veterans' Memorial Amphitheater, which was owned and maintained” by Defendant. (Compl. ¶ 2.) Plaintiff alleges that “[w]hile walking from the dance area during the event, Plaintiff tripped over a set of stairs that projected into the dance area,” which “caused Plaintiff to trip over the unlit and difficult‐to‐see stairs,” whereupon she “tripped over the stairs,” causing her to “fall and strike her head (and other parts of her...

Excerpt: ...fendants move to seal the Objection and Response to Defendants' Sur‐Reply and Objections in Support of Plaintiff's Motion for Class Certification and the declaration of Matthew Breining which were lodged conditional under seal on May 16, 2019. Defendants indicate that the documents contain third party private information and the documents were designated confidential under the parties' protective order. In order to issue the requested order, th...

Excerpt: ...Defendants have agreed to settle Plaintiff's individual claims for $25,000 including fees and costs. As part of the settlement, Plaintiff seeks an order allowing her to dismiss the PAGA claims without prejudice. The settlement is conditioned on Plaintiff obtaining an order allowing dismissal of the PAGA claims without prejudice. The settlement of a PAGA claim requires court approval pursuant to the operative PAGA statute, which states that the �...

Excerpt: ...tract with KRC as Chief Executive Officer (CEO). The KRC is one of 21 nonprofit regional centers in the State that contracts with DDS to provide and coordinate services for individuals with developmental disabilities. KRC receives its funding from DDS. This motion concerns a subpoena duces tecum for production of records from Plaintiff's former employer, Dungarvin Oregon, LLC, located in Portland, Oregon. Plaintiff was employed with Dungarvin fro...

Excerpt: ...). Defendant was ordered to provide verified responses, without objections, no later than April 12, 2019. Defendant has failed to comply with this Court order and Plaintiff now moves for terminating, evidence, and/or issue sanctions and monetary sanctions. For misuse of the discovery process, including as is the case here, disobeying a court order to provide discovery, the Court may impose issue, evidence, terminating, or monetary sanctions. (See...