Excerpt: ...ant's 140 Undisputed Material Facts, which of plaintiff's own 104 Additional Material Facts, and/or which of the parties' written objections to evidence will be addressed at the hearing. The parties should be prepared to point to specific admissible evidence which is claimed to show the existence or non‐existence of a triable issue of material fact. *** Both defendant's and plaintiff's counsel included in their respective separate statements a ...

Excerpt: ...urt'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. Factual Background This action was commenced on 9/24/2021 to prevent the foreclosure sale of plaintiffs' home, which was then set for 10/8/2021. The sole named defendant is Rushmore Loan Management Services (“RLMS”), which beg...

Excerpt: ...rked for Respondent as an hourly, non‐exempt employee from May 11, 2020, to August 9, 2020. When Petitioner applied for the job, the employment application he filled out contained an arbitration provision. (Gonzalez Decl. ¶ 3, Exh. A (Employment Application).) The application is in Spanish, but Petitioner states the terms are not relevant to this petition because after Petitioner was hired, on or about May 11, 2020, he entered into a second ar...

Excerpt: ...e (“OSC”) re contempt and an OSC re sanctions against plaintiffs Elijah D. Matoza and Katie Vick (collectively, “Plaintiffs”) is DENIED. On September 21, 2021, this Court granted Defendants' motions to compel Plaintiffs to serve further responses to Defendants' special interrogatories and requests for production. Plaintiffs were ordered to serve verified further responses no later than October 8, 2021, and to pay monetary sanctions in the...

Excerpt: ... system as required by Local Rule 1.06(D). Patriot is ordered to notify Plaintiff immediately of the tentative ruling system and the manner to request a hearing. If Patriot is unable to contact Plaintiff prior to hearing, moving counsel is ordered to appear at the hearing. Patriot's request for judicial notice of various Orders staying matters issued by the San Diego County Superior Court, the Los Angeles County Superior Court, Orange County Supe...

Excerpt: ...ence related to repetitive injuries to her arm in 2016. She returned to work in September 2016 and resumed full‐time duties in December 2016. In October 2017, she was given a verbal warning, memorialized in writing, for violations of Defendant's time‐card policies. She was subsequently given a written corrective notice for time card violations in January 2018. Plaintiff requested a grievance hearing to contest the discipline. Sometime after t...

Excerpt: ...udicial notice of the Court's Order denying plaintiff Scott Buchanan's (“Buchanan”) motion for summary adjudication dated February 22, 2021 is granted. Admiral's request for judicial notice submitted on reply of the same Order is also granted. Admiral's Material Facts Sacramento Spine filed this action against Admiral, its professional liability insurer, claiming Admiral wrongfully refused to defend and indemnify it against a lawsuit brought ...

Excerpt: ...ely “Plaintiffs”). Plaintiffs filed their complaint on September 23, 2021. On February 4, 2022, Defendant filed a motion to compel Plaintiffs' individual claims to arbitration. (ROA 10.) Defendant supported the motion with the Declaration of John Cassidy (“Cassidy”), Defendant's Chief Financial Officer. Plaintiffs filed their opposition on March 2, 2022. Plaintiffs disputed that they electronically signed the arbitration agreement, and ob...

Excerpt: ...e of motion. The correct address for Department 54 of the Sacramento County Superior Court is 813 6th Street, Sacramento, California 95814. Defendants shall notify Plaintiff immediately. Request for Judicial Notice Defendants' request for judicial notice of the Employment Agreement between Plaintiff and California Northstate is granted. Plaintiff alleges his former employment with California Northstate was governed by an employment agreement, but...

Excerpt: .... *** Plaintiff Carolyn Carisoza‐Howard's motion to compel further responses to discovery is ruled upon as follows. This is an employment action. Plaintiff alleges FEHA race harassment and retaliation, Labor Code retaliation, failure to prevent retaliation and harassment, failure to pay minimum wages, failure to pay overtime wages, meal period liability, rest break liability, failure to provide accurate itemized wage statements, waiting time pe...

Excerpt: ... Complaint. (2) It was also unclear how the parties determined the November 28, 2021 end date for Class Members/Class Period. (3) Plaintiff alleges that he was employed with Defendants until July 25, 2020. Thus, it appears that there is a portion of the Class Period (July 26, 2020 to November 28, 2021) where Plaintiff was no longer employed with Defendants and is not a suitable class representative for that class period. (4) Plaintiff did not inc...

Excerpt: ...alifornia Department of Corrections and Rehabilitation (“CDCR”) and Kevin Loe's (“Loe”) demurrer to Plaintiff Christopher Hildreth's (“Plaintiff”) first amended complaint (“FAC”) is ruled upon as follows. The Court notes that Plaintiff dismissed Loe on 4/13/2022. Therefore, the Court will only address the demurrer as to CDCR. Overview Plaintiff is an employee with CDCR. In May 2020, Plaintiff was stationed to work at High Desert S...

Excerpt: ...rch 15, 2022. The caption provides the correct date. TikTok's counsel is directed to notify the interested parties of the correct hearing date. Non‐party TikTok asserts this subpoena arises from an action filed and pending in the United States Bankruptcy Court for the Middle District of Florida (the "Bankruptcy Court"). (Motion, 3.) That lawsuit concerns a Chapter 7 bankruptcy filing by debtor Faith Elyzabeth Antonio ("Antonio"). TikTok is not ...

Excerpt: ...ceria”), (collectively “Defendants”), filed an untimely opposition on 4/15/2022. Pursuant to the Court's Order on 3/7/2022, any opposition papers were to be filed and served by 4/14/2022. (ROA 18, p. 3.) The Court will nonetheless consider the opposition in the interests of justice. Plaintiffs' timely reply is considered herein. The Court will not consider the unauthorized supplemental declaration of Gordon Egan filed on April 25, 2022. Pla...

Excerpt: ...elephone” with the party filing the pleading that is the subject of the motion to strike. (Bold added for emphasis.) The proof of service attached to the moving papers fails to comply with Code of Civil Procedure §1013a, requiring the “exact title” of each document being served. Plaintiffs' counsel failed to comply with CRC Rule 3.1113(f). Factual Background This action arises from a contract relationship whereby was AGS to provide HVAC sy...

Excerpt: ...malpractice. Defendant filed motion for summary judgment on 5/26/2016 and it was subsequently granted on the first of two grounds advanced ( i.e., statute of limitations). Plaintiffs filed on 11/7/2016 an appeal which was successful and a remittitur was issued on 6/1/2018. In December 2018 defendant filed an application to extend time for selecting trial and settlement conference; this application was granted on 1/2/2019 and a Case Management Con...

Excerpt: ...aring. Counsel are also reminded that pursuant to local court rules, only limited oral argument is permitted on law and motion matters. *** Defendants Segal & Associates, PC and Malcolm S. Segal's (collectively, “Defendants”) bring this motion to compel Plaintiffs East West Bank (the “Bank”) and Solar Eclipse Investment Fund XXXV's (the “Fund”) (collectively, “Plaintiffs”) further responses to form interrogatories, special interro...

Excerpt: ... is alleged that both apartments suffered from various habitability issues and that defendants violated several different laws. The original complaint filed on 5/24/2021 specifically named just two defendants, Sun Valley Apartments, LLC and Dhir. Paragraph 2 expressly alleges that Sun Valley Apartments, LLC, Dhir and Does 1‐30 “owned, controlled, and/or managed the units that Plaintiffs resided in during all relevant time periods in this comp...

Excerpt: ...ion arises from a failed personal relationship between plaintiff and defendant Bryant who had been engaged to be married. The complaint in part alleges that defendant Bryant was in September 2018 arrested after using a vehicle in an attempt to strike plaintiff and shortly thereafter, defendant Bryant and defendant Lorca conspired to seek a restraining order against plaintiff without actually serving her with notice of the hearing. According to th...

Excerpt: ...RC Rule 3.1350(g), requiring a single volume of evidence (including declarations) with a table of contents when the evidence exceeds 25 pages. Factual Background This litigation arises out of plaintiff's personal loan to defendant Mann. The complaint alleges that defendant applied for and received the loan, made payments on the loan balance but subsequently defaulted by failing to make the required minimum payments and has since refused to bring ...

Excerpt: ... of demurrer. The correct address for Departments 53 and 54 of the Sacramento County Superior Court (Law and Motion) is 813 6th Street, Sacramento, California 95814. Request for Judicial Notice Defendant's request for judicial notice of the following is granted: 1) That Plaintiff filed a government claim against the Defendant on September 23, 2021; 2) That Defendant issued a Notice of Untimely Claim to Plaintiff on October 6, 2021; 3) The Proof o...

Excerpt: ...tigative subpoena duces tecum for the production of papers and documents to Respondent William Bresnick, M.D. (“Respondent”). The subpoena sought the patient medical records for two patients, CB and BH, in connection with allegations of improper prescribing practices and unprofessional conduct emanating from violations from the standard of care. The subpoena was served on Respondent on August 2, 2021, and required the papers and records liste...

Excerpt: ... to compel pro per Plaintiff Victoria Yeager's further responses to Form Interrogatories is ruled upon as follows. Defendant moves to compel further responses to Form Interrogatory Nos. 2.5, 2.11 and 9.1.) Here, the record demonstrates that Plaintiff serve her initial responses on November 12, 2021. She served a first amended response on December 28, 2021. She served second amended response on January 11, 2022. Plaintiff opposes the motion. Timel...

Excerpt: ...s. *** If oral argument is requested, the parties must at the time oral argument is requested notify the clerk and opposing counsel of the specific issues identified below that 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. *** Factual Background This action arises from the fractured relationship between the Trust and Plaintiff and nomina...

Excerpt: ... of its contents. (See Professional Engineers v. Dep't of Transp. (1997) 15 Cal.4th 543, 590.) “There exists a mistaken notion that this means taking judicial notice of the existence of facts asserted in every document of a court file, including pleadings and affidavits. However, a court cannot take judicial notice of hearsay allegations as being true, just because they are part of a court record or file. A court may take judicial notice of the...