Excerpt: ... extending below the bottom of the page, bearing the exhibit designation. Plaintiff filed this action on July 31, 2021, against defendants Fiona Ma, Treasurer of the State of California (“Ma”), and STO (collectively, “Defendants”). Plaintiff alleges claims for sexual harassment, race discrimination, disability discrimination, wrongful termination in violation of public policy, and intentional infliction of emotional distress. On October 6...

Excerpt: ...f the motion herein, the Court must still hold a hearing on the motion as it may involve the receipt of evidence or an appearance by a Class Member. Although the Court anticipates that no party will request oral argument, and while no class member indicated any intent to appear at the hearing, this does not relieve the parties from appearing at the hearing or otherwise render the instant ruling final in the event oral argument is not requested. T...

Excerpt: ...mination, retaliation, and failure to prevent action against defendant California Highway Patrol (“CHP”). Plaintiff filed her Complaint on March 5, 2021. Plaintiff alleges Sergeant John Wilson (“Sgt. Wilson”) began harassing and discriminating against her based on her gender in May of 2018. Plaintiff alleges Sgt. Wilson berated her, criticized her appearance, stripped her of substantive work and gave it to male officers, rejected her requ...

Excerpt: ... (“SAXC”) is ruled upon as follows. This motion was continued from January 12, 2022, to today's date, to be heard concurrently with CEE's motion for leave to file a Third Amended Cross‐Complaint. Cross‐Defendants' request for judicial notice of certified records from the California Contractors State License Board (“CSLB”) for CEE and California Gas Gathering Inc. and CEE's Proof of Claim filed in the United States Bankruptcy Court, Ea...

Excerpt: ...��PCI”) to act as the advertising agency of record for Plaintiffs and to purchase media on their behalf. Defendant Lori Porter (“Lori”) is the President of PCI, a shareholder and co‐ owner of PCI, and is married to Defendant William Porter (“William”). William is a shareholder and co‐owner of PCI. William is also an attorney and President and principal shareholder of Defendant Porter Law Group, Inc. (“PLG”). Plaintiffs allege th...

Excerpt: ...l disabilities. Each received PPP loans due to the COVID‐19 pandemic. Some of the Plaintiffs have received PPP loan forgiveness, while others are awaiting determination for their application for loan forgiveness. Plaintiffs allege that during the COVID‐19 State of Emergency, “DDS was (and is) required by law to authorize payment for absences that resulted from the closure of programs and inability or unwillingness of consumers to attend in�...

Excerpt: ...idence objected to was not material to the Court's tentative ruling. Background The present lawsuit is brought by Plaintiff Farrell York (“York”) against Defendants. Plaintiff is represented by Attorney Lewis. As relevant to this motion, Attorney Lewis represents another plaintiff, Rebecca Lane (“Lane”) in a separate action against City ‐ Sacramento Superior Court Case No. 34‐2018‐00235362. Prior to filing this lawsuit York filed a ...

Excerpt: ...A)(i) on January 21, 2022. This action arises out of a dispute between Defendant and Plaintiff Quest Media & Supplies, Inc. related to an IT Infrastructure Managed Services Enterprise Services Agreement (“Agreement”) which permitted Defendant to terminate it at its convenience, otherwise it was to expire on December 31, 2016. Specifically Plaintiff alleges that pursuant to the Agreement, it purchased certain computer/IT equipment which it cla...

Excerpt: ...served and filed separately . . . .Objections to specific evidence must be referenced by the objection number in the right column of a separate statement in opposition or reply to a motion . . . .”] Moreover, in Defendant's opposition brief [incorrectly labeled as “Plaintiff's Memorandum of Points and Authorities in Opposition of Motion for Summary Judgment”], Defendant objects to the “Declaration of Plaintiff's Qualified Witness” and a...

Excerpt: ...es of action for: (1) failure to pay overtime wages, (2) wage statement violations, (3) waiting time penalties, (4) unfair competition, (5) failure to reimburse expenses, (6) failure to pay accrued vacation, (7) meal period violations, (8) rest period violations, (9) Private Attorney Generals Act, (10) failure to pay minimum wages, and (11) violation of Labor Code § 204. Defendants have denied the allegations and any liability, but the parties w...

Excerpt: ...rer that will be addressed at the hearing. The parties are also reminded that pursuant to local Court rules, only limited oral argument is permitted on law and motion matters. *** The notice of demurrer does not provide notice of the Court's tentative ruling system, as required by Local Rule 1.06. Moving counsel is directed to contact opposing counsel and advise him/her of Local Rule 1.06 and the Court's tentative ruling procedure and the manner ...

Excerpt: ... to evidence will be addressed at the hearing. Counsel are also reminded that pursuant to local rules, only limited oral argument is permitted on law and motion matters. *** The notice of motion does not provide notice of the Court's tentative ruling system, as required by Local Rule 1.06. Moving counsel is directed to contact opposing counsel and advise him/her of Local Rule 1.06 and the Court's tentative ruling procedure and the manner to reque...

Excerpt: ... 813 6th Street, Sacramento, California 95814. Request for Judicial Notice Defendant's request for judicial notice of the Complaint in this action is granted. Defendant's request for judicial notice of Plaintiff's responses to Metro Surveillance Security's requests for admissions is also granted. The requests for admission of which Defendant requests the Court to take judicial notice are as follows: RFA No. 1: Admit that you were issued a Notice ...

Excerpt: ...Street, Sacramento, California 95814. Factual and Procedural Background In March of 2013, Mutti entered into business with defendant Nachhattar Sing Chandi (“Chandi”) to acquire real estate and a gas station. (FAC ¶ 9.) Neither Mutti nor her husband were experienced in the business or acquisition of a gas station, but allege Chandi represented the money Mutti invested would go towards purchasing half the shares of the corporation (Orchard) t...

Excerpt: ...ian L. Porter Revocable Trust, defendant will be referred to as “Porter Trustee.” Porter and Porter Trustee will be referred to collectively herein as “Defendants.” Defendants' request for judicial notice is granted. Factual and Procedural Background The Instant Action This action arises out of a dispute between plaintiffs McMillan Storage, LLC (the “LLC”), an Idaho limited liability company, and Marvin Remmich, as Trustee of the 2004...

Excerpt: ...on arises from Plaintiffs' former tenancy at Defendants' single family home at 8932 Hollowstone Way in Sacramento. Plaintiffs resided at the property starting on February 1, 2019, until they were formally evicted on February 2, 2021. (See Case No. 20UD106999.) In January of 2021, Judge R. Steven Lapham ruled on the merits after a two‐day trial and issued judgment for Defendants requiring Plaintiffs to relinquish possession of the property and p...

Excerpt: ...vidence. (See, CRC Rule 3.1352, 3.1354.) This action arises out of an auto accident that occurred on January 31, 2018, near the intersection of Greenback Lane and Madison Avenue. On the evening of the 31st, two vehicles struck the decedent, Deborah Garza, as she cross the street at Greenback Lane. Decedent was struck first by a Ford F‐150 pick‐up truck. Approximately 40 seconds thereafter, while Decedent was laying prone in the road, she was ...

Excerpt: ...he Labor Code. Specifically, Plaintiff alleges Defendant required her to arrive before her shift began to wait for deliveries, open the restaurant if the employee scheduled to open did not show up for work, and/or be prepared to open in the event that the employee scheduled to work did not appear. Plaintiff also alleges Defendant further prohibited Plaintiff and the PAGA Settlement Employees to leave the restaurant during their breaks and therefo...

Excerpt: ...osing party prior to hearing, counsel for moving party shall be available at the hearing, in person or by telephone, in the event opposing party appears without following the procedures set forth in Local Rule 1.06(B). Defendants SPARC Group, LLC and Eddie Bauer, LLC's (collectively “Eddie Bauer”) petition to compel arbitration and stay the action is GRANTED as follows. Eddie Bauer's Request for Judicial Notice Eddie Bauer submitted a request...

Excerpt: ...f Costs filed on 10/12/2021 is ruled upon as follows. The notice of motion does not provide notice of the Court's tentative ruling system, as required by Local Rule 1.06. Moving counsel is directed to contact opposing counsel and advise him/her of Local Rule 1.06 and the Court's tentative ruling procedure and the manner to request a hearing. If moving counsel is unable to contact opposing counsel prior to hearing, moving counsel is ordered to app...

Excerpt: ...arty is unable to contact counsel for opposing party prior to hearing, counsel for moving party shall be available at the hearing, in person or by telephone, in the event opposing party appears without following the procedures set forth in Local Rule 1.06(B). Defendant Theresa Westphal's (“Defendant”) motion to compel further responses to Special Interrogatories, Set One, and request for monetary sanctions is GRANTED as follows. Overview This...

Excerpt: ...uance request was filed by that date. On January 31, 2022 ‐ one day before the issuance of the Court's tentative ruling and two days before the hearing on this motion ‐ Plaintiff's counsel filed a response requesting a continuance of the motions. Plaintiff's counsel avers that he failed to calendar the motion and has been recently ill. However, Plaintiff's counsel concedes that he received a call from Defendants' counsel asking about Plaintif...

Excerpt: ...f alleges that Chambers sexually harassed Plaintiff beginning in July 2017 and CDCR retaliated against Plaintiff when she complained of the sexual harassment. (Second Amended Complaint (“SAC”) ¶¶ 36‐42.) Plaintiff alleges that due to the retaliation, Plaintiff suffered a workplace injury on or about December 20, 2017. (SAC ¶ 43.) By this motion, Plaintiff moves to compel CDCR to produce the following documents: 1. Any and all documents, ...

Excerpt: ... is directed to contact opposing counsel and advise him/her of Local Rule 1.06 and the Court's tentative ruling procedure and the manner to request a hearing. If moving counsel is unable to contact opposing counsel prior to hearing, moving counsel is ordered to appear at the hearing by Zoom or by telephone. Plaintiff failed to comply with CRC Rule 3.1110(b)(3)‐(4). Factual Background According to Plaintiff, SME is a business which transports ve...

Excerpt: ...counsel of the causes of action that will be addressed at the hearing. The parties are also reminded that pursuant to local court rules, only limited oral argument is permitted on law and motion matters. *** Overview This action was commenced on 12/2/2019. The 2AC filed on 9/13/2021 alleges that defendants CDSS and the California Office of Administrative Hearings (“OAH”) “revoked Plaintiffs' licenses and denied their applications,” with C...

Excerpt: ...f fiduciary duty. Plaintiffs have also asserted causes of action for conspiracy to commit trespass to chattels and trespass to chattels; conspiracy to violate Penal Code §502(c) and violation of same; and conspiracy to interfere with prospective business advantage and interference with prospective business advantage against both the aforementioned attorney defendants but also Porter Communications, Inc. (“PCI”) and Lori Porter (“Lori”), ...

Excerpt: ... post‐judgment Memoranda of Costs filed on 10/12/2021 is ruled upon as follows. The notice of motion does not provide notice of the Court's tentative ruling system, as required by Local Rule 1.06. Moving counsel is directed to contact opposing counsel and advise him/her of Local Rule 1.06 and the Court's tentative ruling procedure and the manner to request a hearing. If moving counsel is unable to contact opposing counsel prior to hearing, movi...

Excerpt: ...care's (collectively, “Plaintiffs”) request for judicial notice is unopposed and granted. On April 1, 2021, Plaintiffs filed a Verified Complaint against Defendant asserting four causes of action for breach of written contract, open book account, constructive trust, and unjust enrichment. Defendant was served by substituted service on June 2, 2021. (ROA 6.) On July 14, 2021, Plaintiffs filed a Request for Default that was entered the same day...

Excerpt: ..." x 11" sheet with hard paper or plastic tabs extending below the bottom of the page, bearing the exhibit designation. This action arises from an injury plaintiff in pro per Norma Pedroza Chavez (“Plaintiff”) sustained during a fitness class at Orange Theory in Folsom, California on September 3, 2015. (UMF 1.) Plaintiff contends she twisted her ankle after tripping on a newly installed floor mat. Plaintiff filed her original Complaint on Sept...

Excerpt: ...adjudication is GRANTED as follows. Defendants failed to comply with CRC Rule 3.1110(f)(3) which requires that each paper exhibit must be separated by a hard 8 ½" x 11" sheet with hard paper or plastic tabs extending below the bottom of the page, bearing the exhibit designation. Plaintiffs Jeanne Brazzil and her husband, Tim Brazzil (collectively, “Plaintiffs”) filed their Complaint for personal injuries and damages on December 13, 2018. Spe...

Excerpt: ... “Plaintiff Dionysios Yuri Shallan's motion for final approval of class action and PAGA settlement is unopposed and GRANTED pending the final fairness hearing to be held on this date. (CCP § 382, CRC Rule 3.769.) This is a class and representative action alleging the defendant employer violated a number of wage‐and‐hour provisions. The settlement class is defined as ‘All of Defendant's current and former non‐exempt banquet employees wh...

Excerpt: ...stic tabs extending below the bottom of the page, bearing the exhibit designation. This action arises from two separate accidents in Sacramento County. The first accident took place on December 5, 2016. The second accident took place on July 25, 2018, involving Juan Munoz and Ansar Choudhry. Mr. Munoz and Mr. Choudry settled for $20,000. (Oppo., Exh. G.) The accident at issue by this motion is as follows. On December 5, 2016, defendant Oleshko wa...

Excerpt: ... Notice Regents' request for judicial notice of the FAC in this action and a court record from El Dorado County Superior Court (“Own Recognizance/Conditional Release on Bail Agreement/Pre Trial Program”) is granted. Plaintiffs Leigh Bacco‐Scribner (“BaccoScribner”) and Matt Scribner's (individually “Scribner,” or collectively “Plaintiffs”) request for judicial notice of the FAC in this action, Regents' Demurrer, and the Court's ...

Excerpt: ...Plaintiffs' filed an untimely opposition only six court days prior to the hearing in violation of CCP § 1005. Defendants were served with the opposition seven court days prior to the hearing on January 10, 2022. (Arel Decl. ¶¶ 3‐ 4.) On reply, Defendants urge the Court to disregard the opposition as it only allowed them one day to prepare and file a reply brief. While the Court in its discretion has considered the untimely opposition in reac...

Excerpt: ...nd SUSTAINED with leave to amend in part. This is a non‐judicial foreclosure action. Plaintiffs filed the Complaint on August 25, 2021, a day prior to the then‐scheduled trustee's sale, alleging the following four causes of action: (1) violation of Homeowners Bill of Rights (“HBOR”); (2) unfair business practices; (3) breach of contract; and (4) breach of implied covenant of good faith and fair dealing. Defendants demur to each cause of a...

Excerpt: ...endants Sergey and Lyubov Petrashishin's (collectively “Defendants”) demurrer to Plaintiffs Tom and Gayle Smith's Second Amended Complaint (“SAC”) is UNOPPOSED and is ruled upon as follows. This lawsuit arises out of a dispute between neighboring property owners. Plaintiffs allege that in June 2019, Defendants entered into a settlement agreement with Plaintiffs. Plaintiffs allege that paragraph 3(f) of the settlement agreement “included...

Excerpt: ...t part: “Pursuant to Code of Civil Procedure § 998, Defendant Hyundai Motor America (“HMA”) hereby offers to compromise this action as follows: 1. With respect to Plaintiffs' 2012 Elantra VIN KMHDH4AE4CU415620 (“Subject Vehicle”), HMA will pay the total amount of $78,000.00 to Sarah G. Lopez and Julie A. Cosgrove‐Garcia (jointly "Plaintiffs") and Plaintiffs' lender, if any (if there is an outstanding loan on the vehicle, the lender s...

Excerpt: ... No. 15.1 is ruled upon as follows. Procedural History Plaintiffs served Form Interrogatory (set one) via email on October 7, 2021. Defendant timely served his responses on November 9, 2021. Defendant, however, failed to include a response to Form Interrogatory No. 15.1. On November 10, 2021, Plaintiffs emailed Defendant notifying him that a response to Form Interrogatory No. 15.1 was missing. (Declaration of Lisa R. Roberts (“Roberts Decl.”)...

Excerpt: ...ounty Assessment Appeals Board) “Final Decision” dated November 21, 2019, “adopted the Assessor's revised opinions of value, which were based on the assessable interest (leased fee or equivalent) used by the Assessor in violation of SBE Rules 2, 4 and 8, and California case law; the valuation methods used by the assessor which violated SBE Rules 4, 6 and 8; and the Board assessed the value of exempt intangible assets subsumed in the assessm...

Excerpt: ...State of Idaho, Canyon County, records from the Idaho Supreme Court, and the scheduling order issued by the arbitrator in the Idaho Arbitration. (Defendant's Request for Judicial Notice (“RJN”) Exs. A‐G.) Defendant's request for judicial notice is GRANTED in its entirety. Overview Allegations in this Action In 2018, Plaintiffs, Defendant, and non‐party Off‐Spec Solutions, LLC (“Off‐Spec”) entered into a Membership Interest Purchas...

Excerpt: ...referenced by the objection number in the right column of a separate statement in opposition or reply to a motion . . . .”] In Defendant's response to Plaintiffs' Separate Statement of Additional Material Facts (“AMF”), Defendant responded with objections, but did not file a separate objection pleading or comply with the other format requirements of Rule 3.1354. Therefore, the Court declines to rule on Defendant's objections stated in its r...

Excerpt: ...n to set aside default is GRANTED. Plaintiffs Kan‐Di‐Ki, LLC dba Tridentcare and Community Mobile Ultrasound LLC db/a Tridentcare's (collectively, “Plaintiffs”) request for judicial notice is unopposed and granted. On April 1, 2021, Plaintiffs filed a Verified Complaint against Defendant asserting four causes of action for breach of written contract, open book account, constructive trust, and unjust enrichment. Defendant was served by sub...

Excerpt: ...Sharp Source (“Sharp Source”) to serve verified further responses to Plaintiff's Request for Production of Documents, Set One, numbers 11‐14, 17, 18, 27, 28, and 51‐54 and produce all responses records and to compel defendant Garib Karapetyan (“Karapetyan”) to serve verified further responses to Plaintiff's Request for Production of Documents, Set One, numbers 5, 13, 15, 17, 18, 44, and 47‐50 is DENIED. Sharp Source and Karapetyan s...

Excerpt: ...inding arbitration is GRANTED. Mercedes‐Benz' request for judicial notice of the Complaint in this action is granted. Plaintiff Ivan Makovey's (“Plaintiff”) objection to the entire declaration of Soheyl Tasildoost is overruled. This is a lemon law lawsuit involving the lease of a 2020 Mercedes‐Benz GLB 250 vehicle (the “Vehicle”). Plaintiff filed his Complaint on July 6, 2021, alleging claims for violation of the Song‐Beverly Consum...

Excerpt: ...ctively, “Defendants”) motion for summary judgment or, in the alternative, summary adjudication is GRANTED as follows. Defendants failed to comply with CRC Rule 3.1110(f)(3) which requires that each paper exhibit must be separated by a hard 8 ½" x 11" sheet with hard paper or plastic tabs extending below the bottom of the page, bearing the exhibit designation. Plaintiffs Jeanne Brazzil and her husband, Tim Brazzil (collectively, “Plaintiff...

Excerpt: ... January 27, 2022. On December 16, 2021, the Court issued the following tentative ruling after requiring the parties' appearance: “Plaintiff Dionysios Yuri Shallan's motion for final approval of class action and PAGA settlement is unopposed and GRANTED pending the final fairness hearing to be held on this date. (CCP § 382, CRC Rule 3.769.) This is a class and representative action alleging the defendant employer violated a number of wage‐and...

Excerpt: ...ectively, “Defendants”) demurrer to Plaintiff's Complaint is OVERRULED in part, and SUSTAINED with leave to amend in part. Defendants' request for judicial notice is DENIED as to Exhibits 1 (compilation of Courthouse News Service (“CNS”) search results for Plaintiff's name), 14 (CNS search results for Plaintiff's counsel's firm), 15 (Defendants' websites), and 16 (Defendants' websites), as these matters are not the proper subject of judic...

Excerpt: ... demurrer to the first amended complaint (“FAC”) is SUSTAINED IN PART AND OVERRULED IN PART as follows. Requests for Judicial Notice Regents' request for judicial notice of the FAC in this action and a court record from El Dorado County Superior Court (“Own Recognizance/Conditional Release on Bail Agreement/Pre Trial Program”) is granted. Plaintiffs Leigh Bacco‐Scribner (“BaccoScribner”) and Matt Scribner's (individually “Scribner...

Excerpt: ...ants”) demurrer to plaintiffs Ioannis Taliadoros and Nina Taliadoros' (collectively, “Plaintiffs”) Complaint is OVERRULED. Plaintiffs' filed an untimely opposition only six court days prior to the hearing in violation of CCP § 1005. Defendants were served with the opposition seven court days prior to the hearing on January 10, 2022. (Arel Decl. ¶¶ 3‐4.) On reply, Defendants urge the Court to disregard the opposition as it only allowed ...

Excerpt: ...ming only Nadia Naz and Does 1 to 100 as defendants. Defendant Naz thereafter moved to transfer venue to Sacramento County Superior Court in 2018. In December 2019 defendant Naz moved for summary judgment on the grounds that she is not a proper party and that plaintiff failed to name Mr. Khalid as a defendant prior to the expiration of the statute of limitations even though Mr. Khalid's identity was known to plaintiff when the original complaint ...