Excerpt: ...) Complaint is UNOPPOSED and SUSTAINED WITHOUT LEAVE TO AMEND. Defendants' Request for Judicial Notice is granted in part. The court does not take judicial notice of the truth of any matters asserted in any pleadings or other documents in the Court file. Defendant's Request for Judicial Notice of the amended declaration of Harpreet Singh is denied and also disregards the contract between the parties contained therein. Evidence Code § 452(h) allo...

Excerpt: ...Quack Car Wash Holdings, LLC dba Quick Quack Car Wash; Quick Quack Car Wash Management, LLC; and Quick Quack Development II, LLC (collectively, “Defendants”) is UNOPPOSED and tentatively GRANTED pending the final fairness hearing to be held on this date. (Code Civ. Proc. § 382; Cal. R. Ct. 3.769.) Regardless of its disposition of the motion herein, the Court must still hold a hearing on the motion as it may involve the receipt of evidence or...

Excerpt: ...Court is to determine whether the settlement is fair, reasonable and adequate, in light of all of the circumstances. ( California v. Levi Strauss & Co. (1986) 41 Cal.3d 460, 471; Dunk v. Ford Motor Co. (1996) 48 Cal.App.4th 1794, 1801.) The trial court has broad discretion to determine whether a proposed settlement in a class action is fair, adequate, and reasonable. ( Wershba v. Apple Computer (2001) 91 Cal.App.4th 224, 244, 245; Rebney v. Wells...

Excerpt: ...ment, the Court is to determine whether the settlement is fair, reasonable and adequate, in light of all of the circumstances. ( California v. Levi Strauss & Co. (1986) 41 Cal.3d 460, 471; Dunk v. Ford Motor Co. (1996) 48 Cal.App.4th 1794, 1801.) The trial court has broad discretion to determine whether a proposed settlement in a class action is fair, adequate, and reasonable. ( Wershba v. Apple Computer (2001) 91 Cal.App.4th 224, 244, 245; Rebne...

Excerpt: ...inage on Plaintiff's property, resulting in flooding (Comp. ¶ 11); removing a concrete slab which resulted in additional flooding (Comp. ¶ 12); uncapping a water well leading to well contamination (Comp. ¶ 14); using all‐terrain vehicles (“ATVs”) which damaged a shared fence and created dust (Comp. ¶¶ 16, 20); harassing behavior, including verbal threats such as yelling “Why don't you have a heart attack and die!,” “taunting Wilc...

Excerpt: ...n matters. *** Defendant Allstate Northbrook Indemnity Co.'s (“Defendant” or "Allstate") demurrer to Plaintiff Grach Kazaryan's (“Plaintiff”) first amended complaint (“FAC”) is ruled upon as follows. Overview This is an insurance breach of contract and breach of covenant of good faith and fair dealing action. Plaintiff alleges that he has an automobile insurance policy with Defendant that includes a $100,000 limit per person for Unins...

Excerpt: ...l deponents Kashif Ali (“Ali”), Michael Arca (“Arca”), Michael Felder (“Felder”), Anatole Moore (“Moore”), and Preetranjan Sahota (“Sahota”) (collectively “Deponents”) to answer questions is ruled upon as follows. This is a FEHA religious and national origin discrimination, retaliation, failure to provide reasonable accommodation, and failure to engage in the interactive process action. Plaintiff alleges that he was subjec...

Excerpt: ...tions to compel Defendant's responses to written discovery. Defendant was ordered to serve verified responses to the subject discovery no later than November 24, 2021. (ROAs 13‐14.) Defendant has failed to provide responses despite multiple communications from Plaintiff's counsel, including granting an extension of time to provide the overdue responses. (Keith Decl. ¶¶ 4‐9, Exhs. 2‐5.) Plaintiff now moves for terminating sanctions based o...

Excerpt: ... to Plaintiff's Request for Production, Set One, numbers 7, 10, 14, 23‐28, 35, 40, 50, 52‐60, 62, 64‐67, and 69‐72. MAF was ordered to produce responsive documents in its possession, custody, or control no later than November 19, 2021. (ROA 81.) Neither party contested the Court's tentative ruling, which became the Order of the Court. On November 19, 2021, MAF produced its first set of more than 20,000 documents that were responsive to th...

Excerpt: ...��) motion for reconsideration of the Court's order denying the Motion to Compel Arbitration and Motion to Stay Superior Court Action is DENIED. Defendant Windsor Sacramento Estates, LLC dba Windsor Care Center of Sacramento's (“Windsor Sacramento”) joinder to this motion for reconsideration is granted. On May 17, 2022, the Court denied defendant Windsor Sacramento's Motion to Compel Arbitration and Motion to Stay Superior Court Action to whi...

Excerpt: ...n (“Tulyathan Decl.”) ¶ 2.) As set forth in the PAGA Notice, Plaintiff alleged that Defendant: (1) failed to provide off‐duty rest periods in violation of Labor Code § 226.7; (2) failed to provide off‐duty meal periods in violation of Labor Code §§ 226.7 and 512; (3) failed to pay all wages owed upon separation of employment in violation of Labor Code §§ 201‐203; and (4) failed to provide accurate itemized wage statements in viola...

Excerpt: ...lly and dba Afifi Law Group (“Afifi”) to provide further responses to Cross‐Defendants' special interrogatories, Set One, numbers 1‐81 is GRANTED as follows. Factual and Procedural Background This is an action for legal malpractice, breach of contract, and breach of fiduciary duties against Afifi and Samuel Swenson arising from their joint representation of Sourcis in an underlying action filed by Bravo Development Group, LLC (Bravo Devel...

Excerpt: ... pro per Sharmistha Barai within 48 hours of receiving it. The hearing date shall automatically be continued one week plus one court day for oral argument. The continuance date will always be an appearance required hearing so that Sharmistha Barai need not request oral argument. The Litigation Coordinator shall make Sharmistha Barai available, by Zoom telephonically, at 9:00 a.m. on the date of the continued hearing date, which will be July 20, 2...

Excerpt: ...dicates defense counsel's office is located at 4815 Laguna Park Dr., Suite B‐3, Elk Grove, California 95758. If Plaintiff provides proof at or prior to the hearing that defense counsel presently occupies Suite C where the moving papers were served, the Court rules as follows. If such proof is not provided, the matter will be dropped due to defective service. California Code of Civil Procedure § 664.6 provides: “If parties to pending litigati...

Excerpt: ...ANTED as follows. Factual and Procedural Background This is an action for legal malpractice, breach of contract, and breach of fiduciary duties against Afifi and Samuel Swenson arising from their joint representation of Sourcis in an underlying action filed by Bravo Development Group, LLC (Bravo Development Group, LLC v. Shahram Elli aka Ron Elli, et al., Sacramento County Superior Court Case No. 34‐2012‐00133552 (the “Bravo Action”)). So...

Excerpt: ... Defendant Windsor Sacramento Estates, LLC dba Windsor Care Center of Sacramento's (“Windsor Sacramento”) joinder to this motion for reconsideration is granted. On May 17, 2022, the Court denied defendant Windsor Sacramento's Motion to Compel Arbitration and Motion to Stay Superior Court Action to which the Windsor Corporate Defendants joined. The Court explained it would not consider the Advanced Directive submitted by Windsor Sacramento for...

Excerpt: ...“Defendants”) is UNOPPOSED and tentatively GRANTED pending the final fairness hearing to be held on this date. (Code Civ. Proc. § 382; Cal. R. Ct. 3.769.) Regardless of its disposition of 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 a...

Excerpt: ... P‐B486, a decision of the California Unemployment Insurance Appeals Board, is granted. Plaintiff State of California, Employment Development Department's (“Plaintiff” or “EDD”) request for judicial notice of various orders, tentative rulings, and judgments in Brooks v. California Unemployment Insurance Appeals Board, Sacramento County Superior Court Case No. 2020‐80003321, and California Unemployment Insurance Appeals Board Decision ...

Excerpt: ... Center of Sacramento and Windsor Haysac Holdings, LLC's (collectively "Defendants") motion to compel arbitration and stay action is DENIED. The Court did not consider Plaintiffs' opposition which was filed on June 20, 2022 and did not include a proof of service. Nonetheless, the Court concludes that the motion should be denied even if unopposed. This is an elder abuse, negligence, wrongful death and Violation of Patient Rights action brought by ...

Excerpt: ...ent insurance application issued by the State of California, Employment Development Department (“EDD”) and the eligibility requirements set forth on the EDD's website is DENIED. The documents are not “facts and propositions that are not reasonably subject to dispute and are capable of immediate and accurate determination by resort to sources of reasonably indisputable accuracy.” “Simply because information is on the Internet does not me...

Excerpt: ...t BP Fund A, LLC ("BP Fund A"). The Complaint alleged (1) failure to furnish accurate itemized wage statements, and (2) entitlement to penalties under the Private Attorneys General Act ("PAGA"). On or about January 8, 2021, Peterson filed a First Amended Complaint which added Plaintiff Willie Sumpter, Jr. and defendant Blaze Pizza Operation, LLC, and removed Plaintiff Peterson as a Class Representative. (ROA 16.) Defendant Blaze Pizza Operation, ...

Excerpt: ...Background In this action, Citizens Insurance Company of America (“Citizens”) seeks declaratory relief as to Defendants' alleged duties to defend and indemnify Citizens' direct insured, David Alley, and damages and reimbursement from Defendants based on equitable subrogation, equitable indemnity, and equitable contribution arising out of the lawsuit titled Hacienda Del Rio, Inc. v. David Alley, individually and in his capacity as Trustee of t...

Excerpt: ...fault judgment is void on its face. Defendant cites, inter alia, Code of Civil Procedure section 473(d) as a basis for the Court setting aside the default and default judgment. Specifically, Defendant contends that he was served with a series of documents by Plaintiff Theodore White (“Plaintiff”) on or around March 28, 2018. Plaintiff contends in opposition the documents served on Defendant included the Second Amended Complaint [“SAC”], a...

Excerpt: ...e back seat passengers in the subject vehicle when it left the roadway and rolled over, killing Ms. Wood and injuring her son. Phoenix Kaplow filed the action individually and as Ms. Wood's Successor in Interest, by and through his Guardian ad litem, Trina Kaplow (“Plaintiff”). Plaintiff alleges that at the time of the accident, cross‐ defendant Jennifer Corrine Domingo (“Domingo”) was driving the subject vehicle, which was owned by cro...

Excerpt: ...Defendant] to obtain relevant medical records, that the information sought is relevant to the subject matter involved in the pending action or is reasonably calculated to lead to the discovery of admissible evidence and is not privileged, and that the refusal or failure or both was without substantial justification.” (Notice at 2.) I. Overview This action arises from a motor vehicle accident that occurred on December 3, 2017, in Sacramento, Cal...