Excerpt: ...ary judgment may demonstrate that the plaintiff's cause of action has no merit and the defendant is entitled to judgment as a matter of law by showing that the plaintiff cannot establish one or more elements of the cause of action. (Code Civ. Proc., § 437c, subd. (p)(2); Wiener v. Southcoast Childcare Centers, Inc. (2004) 32 Cal.4th 1138, 1142.) This showing must be supported by admissible evidence, such as affidavits, declarations, admissio...

Excerpt: ...ially filed an answer with a general denial and raising affirmative defenses but later responded to Plaintiff's requests for admissions and admitted all of the elements of Plaintiff's claim and that she had no defense to the complaint. 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 defendan...

Excerpt: ...tee of the Ortiz Family Living Trust (erroneously sued as Ortiz Family Living Trust), Frank A. Wolfe as Trustee of the 2000 Wolfe Family Trust (erroneously sued as 2000 Wolfe Family Trust), Beverly A. Smallfield, and Stan Kurz' (collectively, “Defendants”) motion for summary judgment or, in the alternative, summary adjudication is ruled upon as follows. Although Defendants have not captioned this motion as a “renewed” motion for summary j...

Excerpt: ...equired by the Court order. Defendant then moved for terminating sanctions. On November 16, 2018, the Court denied Defendant's unopposed request for terminating sanctions but imposed monetary sanctions in the amount of $775 and again ordered Plaintiff to appear for her deposition by December 21, 2018. The Court also warned Plaintiff that her failure to comply with the Court's orders could lead to terminating sanctions. Plaintiff again failed to a...

Excerpt: ...rors, and to vacate or amend judgments as the result of accident, surprise and excusable neglect on the part of the parties or their counsel. (Bastajian v. Brown (1941) 19 Cal.2d 209, 214.) It bears noting that this statutory authority codifies the court's inherent power "'after final judgment, and regardless of lapse of time, to correct clerical errors or misprisions in its records, whether made by the clerk, counsel or the court its...

Excerpt: ...onses to requests 4‐6, 11‐13, 15, 18, 28, 40, 42, 46 and 49. The Court rejects Defendant's argument that Plaintiff has failed to adequately meet and confer. The efforts were sufficient. No. 4‐6 Granted. These requests ask Defendant to produce Plaintiff's pay records for the period of her employment with Defendant, documents regarding Plaintiff that Defendant is required to maintain pursuant to Labor Code § 226, and documents that conce...

Excerpt: ... to Form Interrogatories Nos. 12.2, 12.3, 12.6 and 15.1. Defendant interposed a laundry list of boilerplate objections to the interrogatories and did not provide any substantive response. The Court rejects Defendant's argument that Plaintiff has failed to adequately meet and confer. The efforts were sufficient. Defendant first argues that Plaintiff failed to set forth good cause for further responses. Defendant argues that Plaintiff must “s...

Excerpt: ...judice on the basis that Defendant failed to adequately comply with CRC Rule 3.1324. Defendant has brought the motion again, now in compliance with the Court Rule. “Trial courts are vested with the discretion to allow amendments in the furtherance of justice… That Trial courts are to liberally permit such amendments, at any stage of the proceeding, has been established policy in this state…resting on the fundamental policy that cases should...

Excerpt: ...joint escrow instructions to Defendant Chicago Title, signed by both LAJ and T&C, the loan proceeds of approximately $1.2 million were to be wired to a joint account owned by both parties. At the time the instructions were signed and given to Chicago Title, no joint account existed. As alleged, after the joint escrow instructions were provided to Chicago Title, Janak Mehtani, a general partner in T&C, opened an account with Defendant Compass “i...

Excerpt: ...unsel did not return phone calls. Because the parties met and conferred by telephone before the demurrer to the original Complaint was filed, and, because in light of the ruling on the demurrer plaintiff has not cured the defects, the Court is not requiring a further meet and confer in person before this demurrer is ruled upon because it is apparent that no cause of action can be stated as a matter of law. Under such circumstances, a plaintiff ma...

Excerpt: ...a, to post Security under CCP 1030 is denied. Amaya's Request for Judicial Notice is denied is granted. The Court notes that on January 20, 2019 a request for a fee waiver was filed. No fee waiver has yet been granted. Plaintiff seeks monetary, declaratory, and injunctive relief arising out of alleged violations of the Unruh Civil Rights Act ("Act") whereby defendant innkeeper would not allow plaintiff to rent a room because he was a ...

Excerpt: ...ed for the February 1, 2019 hearing on plaintiff's motion for attorneys fees. As of February 20, 2019, it does not appear that anything has been filed pursuant to this court's order. The Court anticipates that the parties will either present a proposed formal order on this motion after meeting and conferring as to the amount of the attorneys fees award, or will request oral argument on the motion in the event they cannot reach an agreemen...

Excerpt: ..."CDCR"). The Complaint alleges that Doe Defendant R. Gonzalez, disrupted a religious service at Valley State Prison in Chowchilla, California. CDCR brings its demurrer on several grounds, that (1) plaintiff failed to adequately plead compliance with the applicable tort claims statutes; (2) plaintiff failed to allege that he exhausted his administrative remedies within the prison; (3) plaintiff failed to state a claim for negligence in his...

Excerpt: ...Lias‐Gatlin guaranteed the lease. The matter was originally set for January 23, 2019 and issued a tentative ruling granting the application. The Court vacated the tentative ruling after Defendant appeared at the hearing and requested a continuance to obtain counsel. It was affirmatively represented she would do just that. Defendant thereafter filed an approximately 2 page declaration/opposition stating that the amount sought is not reasonable a...

Excerpt: ...anctions in the amount of $190. The responses to the discovery were due on December 4, 2018. Plaintiff did not provide the court ordered responses nor did he pay the sanctions. (Declaration of Stewart) Trial in this matter is set for April 2, 2019. Defendant's Motion for Summary Judgment is set for hearing on March 1, 2019. A trial court must be cautious when imposing a terminating sanction because the sanction eliminates a party's fundam...

Excerpt: ...cle collision. Defendant was convicted of a felony in connection with the collision. Plaintiff issued a business record subpoena to Schools Financial Credit Union seeking documents related to the financing and leasing of the defendant's 2010 Audi A4 that was involved in the collision. The subpoena seeks: (1) Any and all documents reflecting the financing and/or leasing of the 2010 Audi A4; (2) Any and all documents reflecting any co‐signers...

Excerpt: ...parties entered into a valid and binding settlement, and the material terms thereof. ((Viejo Bancorp, Inc. w. Wood (1989) 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 i...

Excerpt: ...hoop fell on him. At issue on this motion are the District's responses to Plaintiffs' Form Interrogatories 12.2 and 12.3. The District refused to provide a response to the interrogatories and interposed objections, including ones based on attorney‐client and the attorney work product doctrine. The District identified four witnesses in its response to No. 12.1. Three of the witnesses are District employees and one is a student. At the outset, wh...

Excerpt: ...o the same, but no greater, consideration than other litigants and attorneys. (Williams v. Pacific Mutual Life Ins. Co.(1986) 186 Cal.App.3d 941, 944.) Thus, as is the case with attorneys, self‐represented litigants must follow correct rules of procedure (Nwosu v. Uba(2004) 122 Cal.App.4th1229, 1246‐1247; see also Rappleyea v. Campbell (1994) 8 Cal.4th 975, 984.) On July 24, 2018, NCCS served form interrogatories on Plaintiff. Plaintiff faile...

Excerpt: ...supplemental briefing if needed should additional facts or evidence be discovered relevant to the motion. No further briefing has been field. However, defense counsel filed a supplemental declaration indicating plaintiff Eusebia Santiago (“Plaintiff”) has not produced a copy of the loan modification allegedly entered into with Mr. Cooper. Plaintiff's motion for issuance of preliminary injunction is ruled upon as follows. This is a nonjudicial...

Excerpt: ...employment action Plaintiffs allege causes of actions of action for wrongful termination in violation of public policy, disability discrimination in violation of FEHA, failure to prevent harassment/discrimination/retaliation in violation of FEHA, harassment in violation of FEHA, retaliation in violation of FEHA, retaliation in violation of Labor Code § 1102.5, failure to pay wages in violation of Labor Code § 201, failure to furnish wage and ho...

Excerpt: ...Plaintiff's responses to discovery and deemed requests for admission admitted. The December 7, 2018 order denied the EDD's motion for terminating sanctions based on Plaintiff's failure to provide the court ordered discovery but again ordered Plaintiff to respond and imposed monetary sanctions of $900. In connection with both motions Plaintiff attempted to file oppositions just prior to the hearings. Plaintiff now seeks to set aside the discovery ...

Excerpt: ...a document or tangible thing from a nonparty deponent must be personally served on the nonparty deponent unless the nonparty deponent agrees to accept service by mail at an address specified on the deposition record.” (emphasis added.) The proof of service in the Court's file lists the Sacramento Sheriff's Department and its address, but the proof of service does not indicate the method of service in what appears to be a clerical oversight. The...

Excerpt: ...lleges Defendant knew of the vehicle's oil consumption engine defect, yet failed to repurchase Plaintiff's vehicle. Plaintiff now seeks leave to add a claim for fraud by omission under California common law. Plaintiff contends the fraud claim arises from the same nucleus of operative facts. Plaintiff states this analogous claim alleges Defendant knew of the alleged oil consumption engine defect, yet failed to disclose the defect to Plaintiff at t...

Excerpt: ...mber 14, 2018, to take place on January 7, 2019. Eskaton served objections on January 2, 2019 and, thereafter, the parties began the meet and confer process. Plaintiffs state they met and conferred with Eskaton's counsel on January 11th, 15th, 22nd, and 23rd. On January 23, 2019, Eskaton presented February 25th as a date for Mr. Fife's deposition, but stated he may not be available because of an upcoming facility survey by the state. Plai...

Excerpt: ...a legal conclusion, etc., are overruled because objections are properly directed solely at “evidence.” (See CRC Rules 3.1352, 3.1354.) The Court need not rule and does not rule on Defendant's objections to evidence submitted on reply. (See Code Civ. Proc. 437c(q).) Factual and Procedural Background In this putative class action, plaintiffs Muhammad Chaudhry and Abeda Chaudhry (collectively, “Plaintiffs”) claim they purchased lamb meat...

Excerpt: ...es, Inc. (1998) 64 Cal. App. 4th 1252, 1255. A court may not grant summary judgment, except to a party moving for such relief and complying with all of the requirements of section 437c. Id. at p. 1254. Moving party served the motion by mail on December 6, 2018, which is 75 days before the February 19, 2019, hearing date. Absent stipulation of the parties, this is insufficient notice under Code of Civil Procedure section 437c(a), which requires no...

Excerpt: ...th 543, 590 [judicial notice of findings of fact does not mean that those findings of fact are true]; Steed v. Department of Consumer Affairs (2012) 204 Cal.App.4th 112, 120‐121 [“[W]hile the existence of any document in a court file may be judicially noticed, the truth of the matters asserted in those documents, including the factual findings of the judge who was sitting as the trier of fact, is not entitled to notice.”]; Sosinsky v. Grant...

Excerpt: ...was served by substituted service on October 30, 2011 at 975 Fulton Ave. Apt 488, Sacramento CA, 95825 by leaving a copy of the summons and complaint with a "John Doe." Default and default judgment were entered July 31, 2012. Defendant states he has never lived at this address nor received mail at this address. He states that he lived at 617 26th St. Apt. 4, Sacramento, CA 95816, which averment is supported by his bank records from the sa...

Excerpt: ..., 2018 and now rules as follows: After taking this matter under submission on December 18, 2018, the Court determined that further briefing was necessary to ensure all the evidence in support of the motion was in admissible form. Plaintiff's additional briefing inexplicably contains no declarations or other admissible evidence. Plaintiff's Request for Judicial Notice filed January 25, 2019 is granted only as to the existence of the points...

Excerpt: ...ober 5, 2018, the Court granted Defendant Economic Development Department's (“EDD”) motion to compel Plaintiff's responses to discovery and deemed requests for admission admitted. Prior to that hearing, plaintiff served a late opposition that was not considered by the court. On December 7, 2018, the Court denied the EDD's motion for terminating sanctions based on Plaintiff's failure to provide the court ordered discovery, finding that such re...

Excerpt: ...eed to sell a 55% interest in Metro and its permitted cannabis retail store in exchange for $800,000. Plaintiffs allege that the parties also entered a Continuity Agreement and that Baystone would receive an equal number of seats on Metro's board. Plaintiffs allege that Defendant has failed to comply with the parties' partnership and has been attempting to exclude Baystone from Metro's operation. The Court considered Plaintiffs' opposition de...

Excerpt: ...ir ex parte application and conditionally sealed that document and allowed Defendants to file a redacted version and a formal motion to seal. The redacted “Documentary Evidence” has now been filed. (ROA 122.) The portions of that document sought to be sealed contain identifying information of children who were the victims of sexual molestation or witnesses to sexual molestation. In order to issue the requested order, the Court must find that ...

Excerpt: ... school program at a Sacramento City Unified School District elementary school. Plaintiff alleges causes of action against moving Defendants and others for Negligent Supervision, Investigation and Retention of an Employee, Negligent Supervision of Plaintiff, a minor, the 3rd for Negligence and Negligent Failure to Warn. Both Plaintiff and the City of Sacramento have opposed the instant motion. Any party may move for summary judgment in any action...

Excerpt: ... 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; Van Bronkhorst...

Excerpt: ...from her perceived entitlement to a promotion to an Attorney IV position. She also alleges whistleblower retaliation and fraud. On October 16, 2018, the Court entered an order granting CDE's motion to compel further responses to its request for production of documents. Plaintiff was ordered to provide further responses without objections that identify the documents that are responsive to each category and to produce the responsive documents respo...

Excerpt: ...xistence of each document in a court file, but can only take judicial notice of the truth of facts asserted in documents such as orders, findings of fact and conclusions of law, and judgments." (Bach v. McNelis (1989) 207 Cal.App.3d 852, 865.) Factual and Procedural Background The complaint pending before the Court contains one cause of action for declaratory relief against La Posta and the California Gambling Control Commission (“CGCC”)....

Excerpt: ...Plaintiffs also seek costs and expenses in the amount of $1,164.85. This is a lemon law action. Plaintiffs purchased a new 2013 Volkswagen Passat on June 18, 2013, for a purchase price of $34,205. Adding taxes, fees, an optional surface protection product, an optional service plan and finance charges on a six‐year loan, the total purchase price was $44,239.24. (Mikhov Decl. ¶ 3, Exh. C.) After the vehicle began experiencing repeated engine and...

Excerpt: ...Defendant groups' oppositions is granted. An attorney who files a pleading with the court certifies that the pleading has merit “to the best of the [attorney's] knowledge, information, and belief, formed after an inquiry reasonable under the circumstances.” (CCP § 128.7(b).) The attorney certifies that “[t]he allegations and other factual contentions have evidentiary support or, if specifically so identified, are likely to have evident...

Excerpt: .... Appearance is required on February 5, 2019. Plaintiff Brian Spears shall be available, by COURTCALL, to participate in oral argument on the continuance date. Defendant Dean Kratzer's motion to dismiss is denied. Defendant moves to dismiss Plaintiff's complaint which was filed on July 7, 2015, on the basis that Plaintiff failed to serve the complaint within three years of filing. A motion to dismiss for delay in service of summons is not a gener...

Excerpt: ... notice are granted. “[A]n action shall be brought to trial within five years after the action is commenced against the defendant.” (CCP § 583.310.) “[A]n action shall be dismissed…after notice to the parties, if the action is not brought to trial within the time prescribed in this article.” (CCP § 583.360(a).) Dismissal is mandatory and not subject to extension, excuse, or exception, except as expressly provided by statute. (CCP § 5...

Excerpt: ... Plaintiff argues that she has not been able to schedule the matter for trial because self‐represented Defendant/Cross‐Complainant Karen Morcomb has not moved forward on her crosscomplaint as it relates to Cross‐Defendant Conrad Jimenez. She argues that while Defendant has served Mr. Jimenez with her cross‐complaint she has failed to take his default. The Court's records reflect that Defendant filed the cross‐complaint on October 22, 20...

Excerpt: ...ant to provide full and complete responses to certain requests for production. Requests Nos. 38, 41‐47, 56, and 59‐65 relate to Defendant's investigation and analysis regarding the defects. Requests Nos. 7, 113‐115 and 128 relate to Defendant's warranty and repurchase policies. Defendant interposed numerous objections to the requests for production, including those based on relevance, burden and oppression and trade secrets. Plaintiffs are ...

Excerpt: ...or insurance premiums. Defendant filed an answer on May 29, 2018, alleging a general denial and 23 affirmative defenses. Defendant now seeks to add two affirmative defenses for fraud and mistake. Defendant contends it believes there may have been a prior agreement with Plaintiff that contradicts the terms of the policy or that Plaintiff mistakenly billed Defendant for amounts that should have been excluded from the policy. Defendant contends it h...

Excerpt: ...th of their contents. (See Professional 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]; Steed v. Department of Consumer Affairs (2012) 204 Cal.App.4th 112, 120‐121.) The Court refers counsel to the historical antecedents in the related matter on this day's calendar. The First Amended Complaint (“FAC”) alleges that Garvey and real party...

Excerpt: ...ers on January 4, 2019, by mail and electronic mail, which, counting backward from the date of hearing pursuant to Code of Civil Procedure § 1005, was only 14 court days prior to hearing. Pursuant to Code of Civil Procedure § 1005(b), moving party was required to mail‐serve the moving papers 16 court days plus five additional calendar days prior to the date of hearing if mail‐served or two additional calendar days if served by overnight del...

Excerpt: ...aintiffs”) complaint is SUSTAINED without and with leave to amend as set forth below. Plaintiffs' request for judicial notice is granted as to item (1), but denied as to item (2). In taking judicial notice of item (1), the court accepts the fact of its existence, not the truth of its contents. As to item (2), “Simply because information is on the Internet does not mean that it is not reasonably subject to dispute.” (Huitt v. Southern Califo...

Excerpt: ...subpoenas to Dignity Health Medical Foundation, Mercy Medical Group/Dignity Health, and Patsy Zike, CSW, is ruled upon as follows. By way of backdrop, Plaintiff was employed by the Assembly as a photographer. His position was eliminated in 2015 as part of a reorganization. Plaintiff filed his complaint on August 25, 2016. The operative First Amended Complaint, filed December 28, 2018, alleges causes of action for, among other things, retaliation,...

Excerpt: .... (“RKU”) is ruled on as follows. Requests for Judicial Notice: RKU and DGS's Requests for Judicial Notice are unopposed and granted. In taking judicial notice of court documents, the Court accepts the fact of their existence, not the truth of their contents. (See Professional 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]; Steed v. Departme...

Excerpt: ...nt credit account. Defendant incurred charges on a credit account with Plaintiff in the sum of $1,268.15, plus costs and minus payments made by Defendant. Plaintiff's counsel contacted Defendant via telephone on December 28, 2018, to meet and confer regarding this motion. Defendant did not answer and Plaintiff's counsel left a message. Defendant did not return the phone call. The Court finds the foregoing is sufficient pursuant to CCP 439...