Excerpt: ...the management of real estate. Plaintiffs' FAVC alleges the following seven causes of action: (1) breach of contract; (2) breach of fiduciary duties; (3) actual fraud; (4) constructive fraud; (5) expulsion of partner; (6) dissolution of partnership; and (7) accounting. On August 22, 2019, this Court overruled Defendants' demurrer to the first through fourth causes of action. Defendants argued that Plaintiffs had failed to allege facts which would...

Excerpt: ...iolation of Government Code §§ 3300, et seq. the Public Bill of Rights Act (“POBRA”) and one for age discrimination in violation of FEHA. Plaintiff, who is currently an employee with the State, worked as a probationary peace officer for a short time in 2016 for OLES but OLES did not pass her on probation. Plaintiff alleges that the OLES violated POBRA by placing derogatory information in a personnel‐related file and discriminated against ...

Excerpt: ...ses of action for insurance bad faith, fraud, and negligent misrepresentation. Plaintiffs allege that they are owners of a rental home that was insured by Defendant. They allege that the home was damaged by tenants and that Defendant failed to properly investigate and pay for their loss. At the outset, while Defendant moved for summary judgment, and alternatively summary adjudication as to the three causes of action in the First Amended Complaint...

Excerpt: ... various Labor Code violations and breach of contract. Defendants filed a series of demurrers and they ultimately answered the second amended complaint on December 27, 2018. Plaintiff alleged that he was employed by Gallagher Plumbing Heating & Air Conditioning, Inc. as a general manager and was promised certain bonuses and an ownership interest. Defendants seek leave to file a cross‐complaint alleging causes of action against Plaintiff for bre...

Excerpt: ..., he was never served with the summons and complaint and did not receive notice of the action until his bank account was levied upon on July 26, 2019. The motion is untimely to the extent it was made pursuant to CCP § 473(d). “Where a party moves under section 473(d) to set aside ‘a judgment that, though valid on its face, is void for lack of proper service, the courts have adopted by analogy the statutory period for relief from a default ju...

Excerpt: ...h Plaintiff, the Court consolidates its ruling on the motions into a single Minute Order for purposes of judicial efficiency and economy. The dispute over deposing Defendant Matheson's (Defendant) Person Most Knowledgeable (PMK) regarding Defendant's Human Resources and Policies began when Plaintiffs first cold‐set the deposition for July 16, 2019. Defendant informed Plaintiffs' counsel that the date set would not work and attempted to set a ne...

Excerpt: ...ion for gender discrimination (2nd), failure to prevent gender discrimination (4th), and age harassment (7th). Plaintiff previously worked for OSI for approximately nine years, was laid‐off, and then rejoined her former employer in 2011 at the age of 54. During her second employment, OSI underwent an acquisition with a British company and was rebranded as Mycom OSI. Plaintiff alleges she was discriminated against based on her age and gender in ...

Excerpt: ...ng ownership of real property located at 7500 Beech Avenue, Orangevale, California 95662. Plaintiff alleges she is the true owner of the property. Plaintiff alleges her ex‐husband, Michael Sparks obtained fee simple titled to the property in 2003 and then transferred and assigned all rights in the property to her in 2019. Despite this, Plaintiff alleges Defendants served her with a 60‐ day notice to vacate or quit. Plaintiff alleges Defendant...

Excerpt: ...all of Plaintiff's causes of action against Local 1000 are preempted by the Dills Act and subject to the exclusive jurisdiction of the Public Employment Relationship Board (“PERB”). As it was the first challenge to the pleading, the Court granted Plaintiff leave to amend. Plaintiff then filed the SAC on August 12, 2019. (ROA 100.) The SAC includes two causes of action against Local 1000, the third cause of action for fraud and fourth cause of...

Excerpt: ...on in violation of public policy, violation of Labor Code § 1102.5, and a claim for penalties under PAGA. Defendants now move for leave to file a cross‐complaint pursuant to CCP § 426.50 for indemnity and contribution. Defendants contend that Plaintiff admitted he was a partial owner of UFFC and therefore could be held liable for any violations by UFFC of the Labor Code, including PAGA penalties pursuant to Labor Code § 558.1 which provides ...

Excerpt: ...o the roadway where she was struck by a car driven by Defendant Carolyn Vodoklys. This motion was placed on today's calendar after the Court granted Defendant's ex parte application for an OST on October 16, 2019. Trial is set for January 21, 2020. While the trial had been previously continued, the discovery deadlines were not and non‐expert discovery closed on October 7, 2019. Defendant moves to re‐open non‐expert discovery related to Mari...

Excerpt: ...r 17, 2018. Defendant's default was entered on April 3, 2019. Defendant is the trustee of the Brian Korbelik Trust and the owner of 50% of the subject property. Plaintiff alleges that he is the owner of the other 50% of the property. CCP § 473 is to be liberally applied where the party in default moves promptly to seek relief, and the party opposing the motion will not suffer prejudice if relief is granted. ( Elston v. City of Turlock (1985) 38 ...

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

Excerpt: ...stained, with leave to amend. Plaintiffs Chrishawna Thomas, Brandon Holbert, and Staycee Holbert filed a form complaint and named Greyhound Lines, Inc. in the caption but names Greyhouse Lines, Inc. in item 1 of the form complaint. Greyhound Lines, Inc. is named in item 5. Plaintiffs also named Does 1‐10 as agents or employees acting within the scope of agency or employment of other named defendants in item 6(a), and Does 11‐20 as persons who...

Excerpt: ...l from July 15, 2015 through August 8, 2015. The claims against Dr. Park arise from operative care and treatment rendered by Dr. Park to Mr. Ames on July 17, 2015 in connection with treatment of a lower left extremity thrombus. Dr. Park alleges there is no triable issue of material fact because the care and treatment rendered by Dr. Park was within the standard of care and not a substantial factor in causing Mr. Ames' alleged harm. Dr. Park that ...

Excerpt: ...lasquez filed his cross‐complaint naming Expo and Roes 1 through 10. [FAILURE TO PAY WAGES [CAL.LAB. CODE §204]; FAILURE TO PAY MINIMUM WAGES [CAL. LAB. CODE §§ 1194, 1197] (ROA 12). On August 8, 2019, an Amendment to Complaint was filed naming Andrey Rakin as Roe 1. (ROA 16). Rakin asserts that his identity was known to Cross‐Complainant, as CrossComplainant named Rakin in his original labor board complaint before he withdrew his claim an...

Excerpt: ...unction against Defendant Toby Tennessee ("Tennessee") to prevent Tennessee from actions which they contend are causing imminent and irreparable harm to Digitt. On April 26, 2019, moving parties Digitt and Gaines brought an Ex Parte Application for Temporary Restraining Order and Order to Show Cause re: Preliminary Injunction against Defendant Tennessee, based upon Tennessee's withholding of four months of rent. The TRO/OSC Application was denied...

Excerpt: ... fact necessary to resolve their dispute." (Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 843.) Any party may move for summary judgment or summary adjudication 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 estab...

Excerpt: ...from a delinquent credit account. Defendant incurred charges on a credit account with Plaintiff in the sum of $10,857.68 On December 28, 2018, the Court granted Plaintiff's unopposed motion to deem matters admitted. Plaintiff now moves for judgment on the pleadings based on these admissions. Specifically, that defendant admits she opened a credit account with Plaintiff, incurred a balance of $10,857.68 on the account, has not made any payments si...

Excerpt: ... fact necessary to resolve their dispute." (Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 843.) Any party may move for summary judgment or summary adjudication 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 estab...

Excerpt: ... where service of the summons did not result in actual notice in time to appear and defend the action and that the lack of notice was not created by avoiding service or inexcusable neglect. (CCP § 473.5(a), (b).) “ ‘[A] ctual notice' in section 473.5 ‘means genuine knowledge of the party litigant…' [Citation].” (Tunis v. Barrow (1986) 184 Cal.App.3d 1069, 1077.) The key element is that service result in “actual notice.” (See Rosent...

Excerpt: ...r and Shirley Curran. Plaintiff contends that he was wrongfully terminated in retaliation for raising safety concerns. Plaintiff moves to compel Defendant Matheson Trucking, Inc. to provide further responses to his request for inspection of ESI (laptops, smartphones). The request consists of 4 individual requests asking for Defendant to produce all laptops, tablets, smartphones, etc. that were used in whole or in part by the individual defendants...

Excerpt: ...ed responses to the written discovery on August 28, 2019. Special Interrogatories In this motion, Plaintiff seeks responses to Special Interrogatory Nos. 5, 6, 7, 8, and 9. These interrogatories state as follows, with Defendant's response thereto: Special Interrogatory No. 5: How long does a Wheelchair relieve pain? Response to Special Interrogatory No. 5:Objection. Overbroad and vague and ambiguous, calls for speculation. Special Interrogatory N...

Excerpt: ...es have submitted consolidated Points and Authorities in support of the motions, oppositions and replies, the Court also will consolidate its ruling on the various motions [save one] into a single Minute Order for purposes of efficiency and economy. The disputes over deposing Defendant Matheson's designated Persons Most Knowledgeable (PMKs) in the above‐identified categories began in approximately June 2019, when Plaintiff "cold‐set" the depo...

Excerpt: ...pel Further Responses to Request for Production of Documents, Set One, Nos. 1, 8, 10, 11, 17, 20‐24, 35‐39, 55, 69, 71 and 73‐ 74, concluding that the requests pertained to relevant information regarding Defendant General Motors' investigation, knowledge and analysis of the make and model of the vehicle in question, as well as GM's vehicle repurchase policies, procedures and practices. Defendant was ordered to serve further verified respons...

Excerpt: ...23, 2019. Initially Plaintiff only submitted an opposition with respect to the Regents and Dr. Canter but her amended opposition opposes the entirety of the motion. The Court is only considering the opposition papers that were submitted on September 23, 2019 pursuant to the ex parte order. In this medical malpractice action Plaintiff Zenaida Gutierrez alleges that Defendants were negligent in connection with care and treatment regarding a mastect...

Excerpt: ...ED and SUSTAINED with leave to amend. Plaintiff is a CDCR prisoner incarcerated at the California Men's Colony. (Complaint ¶ 1.) Plaintiff filed a form complaint on July 1, 2019. (ROA 1.) Plaintiff alleges CDCR stole his idea, titled “Recreational Experiment Created for Effective Social Success” (RECESS), and renamed it Non‐ Designated Program Facility Yards. (Complaint, attachment one.) Plaintiff seeks monetary compensation for CDCR's all...

Excerpt: ...Wheeler. Appearance is required on October 9, 2019. Plaintiff Reginald Wheeler shall be available, by COURTCALL, to participate in oral argument on the continuance date. Defendant Jennifer Shaffer's demurrer to self‐represented Plaintiff Reginald Wheeler's complaint is sustained with leave to amend. Plaintiff is incarcerated and currently serving an indeterminate prison sentence for kidnapping, robbery and ransom. The basis of his lawsuit is hi...

Excerpt: ...cast, Plaintiff's telephone carrier, for his phone records for the months of August 2013‐December 2013. (Steuer Decl. ¶ 3, Exh. 1.) The phone records encompass the time frame during which Plaintiff contends he had conversations with Ocwen Loan Servicing, LLC (“Ocwen”) and wherein Ocwen represented that the loan at issue had been paid off in full pursuant to a settlement with the federal government. (Steuer Decl. ¶ 3.) Plaintiff believes t...

Excerpt: ... opposition in reaching its ruling, Plaintiff is advised that any further failure to comply with applicable rules may result in adverse rulings. Defendant served her first set of written discovery on Plaintiff on June 29, 2018. (Rolfe Decl., Exh. A.) After timely responses were not received, Defendant's counsel sent a letter to Plaintiff's counsel informing Plaintiff of her overdue discovery. Shortly thereafter, on August 22, 2018, Plaintiff's co...

Excerpt: ...s. This action arises from a delinquent credit account. Defendant incurred charges on a credit account with Plaintiff in the sum of $1,905.33, plus costs and minus payments made by Defendant. On June 5, 2019, the Court granted Plaintiff's unopposed motion to deem matters admitted. Plaintiff now moves for judgment on the pleadings based on these admissions. Specifically, that defendant admits she opened a credit account, incurred a balance of $1,9...

Excerpt: ...This action arises from Plaintiff's constructive eviction from her mobile home and an underlying unlawful detainer action brought by Mr. Held on April 4, 2016, entitled, The Richard L. Held Family Trust et al. v. Betty Campbell, et al., Sacramento County Court Case Number 16‐UD‐02036 (the “UD Action”). Trial in the UD Action was held on May 16, 2016, before Judge Lloyd Connelly. On May 17, 2016, the Court entered a final judgment in favor...

Excerpt: ...d abetting a FEHA violation and failure to prevent discrimination and retaliation. Plaintiff was employed as an Instructional Designer in its Performance and Learning organization. Defendant ultimately terminated Plaintiff for violations of its Code of Conduct. The causes of action addressed in this motion are the only ones remaining against Defendant. Any party may move for summary judgment in any action or proceeding if the party contends that ...

Excerpt: ...ment in violation of public policy, constructive termination in violation of public policy, premises liability, negligent hiring, supervision and retention, and negligent security. Plaintiff alleges that she was a KB Homes Sales agent and was the victim of a sexual assault at gunpoint in January 2015 by David Burnhart who approached Plaintiff under the false pretense of looking to purchase a home. Plaintiff alleges that Defendant was aware of num...

Excerpt: ... (“Kong Grow”) and Defendant LAS, Jeremy Olen, Alfred Lopez, and Alfred Lopez, Jr. Plaintiffs allege causes of action for negligence, negligent misrepresentation, intentional misrepresentation, breach of contract, strict liability, breach of express warranty and breach of the implied warranty of fitness. Plaintiffs operate three cannabis farms and allege that soil purchased Kong Grow contained contaminants or was unsuitable for growing cannab...

Excerpt: ...session. Pursuant to CCP § 2025.450(a), where a deposition notice has been properly served and the party subject to the notice fails to appear or proceed with it, the party serving the notice may move for an order compelling the deponent's attendance and testimony. Here, FTB properly noticed Plaintiff's deposition for August 6, 8 and 9. Plaintiff did not serve any objections to the deposition notice. Prior to the start of the second deposition s...

Excerpt: ...ut was allowed to sign up for new training in February 2016 during which time FTB claims it looked into accommodations for Plaintiff's claimed issues with her arms, hand, and wrists. Plaintiff did not go through with the February 2016 training and in total only attended the two days of training in January 2016. Plaintiff moves for a protective order in connection with her deposition on August 6, 2019. FTB noticed Plaintiff's deposition for August...

Excerpt: ...First, the Court would note that there is no declaration from anyone, much less a custodian of records, etc. attempting to authenticate the documents. “[W]e cannot take judicial notice of these documents [because]…no proper evidentiary foundation was laid.” (Pastoria v. Nationwide Insurance (2003) 112 Cal.App.4th 1490, 1495, n.4.) The request for judicial notice is denied on this basis alone. Moreover, Defendants are seeking to have the Cou...

Excerpt: ...pria persona alleging claims of "discrimination, unlawfully detained [sic], false arrest and imprisonment, unconscionability, harassment in the workplace, sexual harassment, harassment, slander, defamation, libel, child endangerment, civil rights violation, negligence, malice, oppression, wrongful termination, recklessness and fraud." (Compl. p. 1.) Previously, the Court ruled upon the demurrer filed by Defendants Department of Child Supp...

Excerpt: ...ed as follows: Pursuant to the Parties stipulation filed August 14, 2019, the only remaining disputed costs are the expert witness fees and the costs for models and exhibits. Plaintiff was injured at the workplace when a punch press crushed his left hand and forearm. Plaintiffs dominant right and forearm were amputated just below his right elbow. Plaintiff's employer provided workers compensation benefits and American Zurich, the insurer, fil...

Excerpt: ...t MSC date is November 20, 2019; the trial date scheduled to occur on January 13, 2020. Plaintiff, a current 40+ year EDD employee, alleges in this action that she was discriminated against due to her age when she failed to get promotions. She alleges the persons who got the position were less qualified, and harassed her due to her age. She alleges that EDD retaliated against her for complaining about age harassment. Plaintiff alleges that new cl...

Excerpt: ...��call and on‐duty during their meal and rest periods as well as precluding employees from being able to leave the work premises; and 2) failed to have any policy to reimburse employees for the use of their personal cell phones for work. See generally Exhibit B. Plaintiff further alleged Defendants' policies and practices resulted in derivative violations and statutory penalties and resulted in unfair competition. See id. Plaintiff alleged ...

Excerpt: ... Officers while he was waiting to be booked into the Sacramento County Jail on August 16, 2013. Plaintiff has been self represented since September 15, 2015 when his attorney withdrew. The last document filed by plaintiff in this case was the substitution of attorney. (ROA 39) Plaintiff has failed to conduct any discovery since that date. An action must be dismissed by the court if it is not brought to. trial within five years after it is commenc...

Excerpt: ...aph 9 of the TAC (injunctive relief) and Prayers A, B, C, D, and H is denied for the additional reason that a motion for judgment on the pleadings by a defendant may be brought only as to the entire pleading or a cause of action within. CCP 438(c)(2)(a). Moreover, the Notice of Motion did not include Items Paragraph 9 of the TAC (injunctive relief) or Prayers A, B, C, D as the subject of the motion. These allegations are the subject of the motion...

Excerpt: ...onal language: As noted in the tentative ruling, the proof of service of this motion only provides notice to plaintiff's counsel. While the motion papers include the argument that "Several contractors were responsible for the design and construction of the pool, and Plaintiff attributes a great proportion of liability to these contractors" [Memorandum, p. 6. lines 6‐7], no effort was made to notice them on this motion. Inexplicably ...

Excerpt: ...HR Brokerage West Inc., 2017‐1 1H Borrower L.P, and 2014‐1 IH Borrower L.P.'s (collectively, “Defendants”) motion to strike punitive damages is ruled upon as follows. This is a landlord/tenant case arising from an alleged rat infestation. Plaintiff filed the complaint on January 30, 2019, alleging the following four causes of action: (1) negligence; (2) breach of implied warranty of habitability; (3) negligent maintenance of premises; and...

Excerpt: ...nt Christian Giguiere's (“Defendant”) motion to set aside sister state judgment is UNOPPOSED and GRANTED. On March 28, 2019, Judgment was entered against Defendant in the Supreme Court of the State of New York, County of Kings, as Defendant had executed an Affidavit of Confession of Judgment. The Confession of Judgment was signed by one person, Christian Robert Giguiere, on behalf of “Christian Robert Giguiere” and “Christian Giguiere.�...

Excerpt: ...s David Fred Blakefield's (“Blakefield”) motion for leave to file a First Amended Complaint (“FAC”) is GRANTED. Defendants James Lorin Franklin (erroneously sued herein as James Louren Franklin) (“Franklin”) and Marron Road Ventures, LLC (erroneously sued herein as Marron Road Ventures) (“MRV”) filed an untimely opposition on September 23, 2019, only seven Court days prior to the hearing in violation of CCP § 1005. While the Cour...

Excerpt: ...ion regarding this policy can be found on the Court's website at www.saccourt.ca.gov. Plaintiff Robert Riesenman's (“Plaintiff”) motion to compel defendant Duggan Law Corporation (“DLC”) to provide further responses to Plaintiff's Request for Admission, Set One (“RFA”), Form Interrogatories, Set One, and Requests for Production of Documents, Set One (“RFPD”), is ruled upon as follows. This action arises out of Plaintiff's efforts ...

Excerpt: ...ant State of California, by and through California Department of Corrections and Rehabilitation's (“CDCR”) motion for summary judgment or, in the alternative, summary adjudication against Plaintiffs Maria Luisa Hills and Barry Hills' operative complaint is ruled upon as follows. In this action, Plaintiffs Maria Luisa Hills and Barry Hills (collectively, “Plaintiffs”) allege that CDCR, the City of Folsom, and the County of Sacramento creat...