Excerpt: ...matters. *** Defendant Ridge Elk Grove LP's (“REG”) motion to compel plaintiff in pro per Ireana Price's (“Ireana”) further responses to Requests for Production of Documents, Set One, is ruled on as follows. The Court did not consider Ireana's "Reply to Defendants' Reply to Plaintiff's Opposition" since such a document is not permitted by the Code of Civil Procedure. Factual Background This action was commenced on 1/24/2019 when the Law O...

Excerpt: ...endant John Black was a minister and that her mother, co‐Defendant Kelli Black was a member. Plaintiff alleges that Mr. Black sexually molested her from the time she was eleven in 1994. (Comp. ¶¶ 15‐29.) She alleges that the abuse occurred in her home and also at the Church. Plaintiff alleges that her mother took her to see Dr. Williams for counseling but that Dr. Williams looked “menacingly” at her and told her that “we don't lie on ...

Excerpt: ... 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 Plaintiff TW is a 13‐year‐old, 80 pound bi‐racial (African‐American and Caucasian) male student with epilepsy. The 1AC generally alleges that District committed a variety of wrongdoing: ∙ Failed to properly assess plaintiff for necessary accommodations f...

Excerpt: ...ons to Defendant Rebecca Borrero were deemed admitted on August 27, 2020. 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 defendant and the answer does not state facts sufficient to constitute a defense to the complaint." (C.C.P. 438(c)(1)(A).) The grounds for the motion shall appear on the face...

Excerpt: ... to a mandatory contractual forum selection clause designating Massachusetts as the exclusive forum. In the complaint Plaintiff alleges causes of action against moving Defendants and others (Gray Line Corporation, Inc. and Gray Line Las Cabos) for false advertising in violation of Business & Professions Code § 17500 et seq., violation of the Consumer Legal Remedies Act (“CRLA”) and for unfair completion in violation of Business & Professions...

Excerpt: ...iffs Ricardo Gomez and Ricardo Gomez, Sr. as class representatives for purposes of settlement; 3. Preliminarily appointing the Shimoda Law Corp. as Class Counsel for purposes of settlement; 4. Preliminarily approving the proposed class action settlement, in the amount of $1,100,000; 5. Preliminarily approving the application for payment to Class Counsel of attorneys' fees in the amount of $385,000 (35% of the Gross Settlement Amount); 6. Prelimin...

Excerpt: ...m Marine Industries, Inc's (“Bellingham”) motion for a determination of good faith settlement is GRANTED. Evidentiary Objections Bellingham and Wayne Maples Plumbing & Heating, Inc. (“Wayne Maples”) filed evidentiary objections in connection with the motion. The Court need not reach any of the evidentiary objections because the subject evidence is immaterial to the Court's decision on the motion. The Court's decision on the motion is the ...

Excerpt: ... (the “LWDA”). The LWDA letter is not the proper subject of judicial notice. Plaintiff Darrayzha Moten's (“Moten”) request for judicial notice is unopposed and granted. In taking judicial notice of these 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 o...

Excerpt: ...ed land documents, not contracts, are the subject of judicial notice on demurrer].) The court, however, does not accept the truth of any facts within the judicially noticed documents except to the extent such facts are beyond reasonable dispute. (See Poseidon Devel., 152 Cal.App.4th at 1117‐18.) see also Fontenot v. Wells Fargo Bank, N.A. (2011) 198 Cal.App.4th 256, 265 (“[A] court may take judicial notice of the fact of a document's recordat...

Excerpt: ...�SAC”) filed October 1, 2019. The SAC is unverified, consists of 118 pages not including exhibits, 514 paragraphs, and six separate causes of action against Fines denoted as: (1) Misappropriation of Trade Secrets, Civ. Code §§3426, et seq.; (2) Breach of The Employee Duty of Loyalty, Labor Code §§ 2863, 2860; (3) Breach of Contract; (4) Intentional Interference with Contractual Relationship; (5) Intentional Interference with Prospective Eco...

Excerpt: ...1415 Folsom Boulevard and 6660 Coyle Avenue. Plaintiff contends the services and materials it furnished at the two properties had a total value of $24,628.63. Plaintiff also claims it is owed service charges totaling $7,085.88 on unpaid balances at the contract rate of 1.5% per month. (See Compl., ROA # 1.) Plaintiff filed the Complaint against Defendants Donald Reinnoldt (“Reinnoldt”); 11415 Folsom, LLC; Bella Terra Design, LLC; and Greenbac...

Excerpt: ...' demurrer to Plaintiff William F. Molina and Donna Goles' (“Plaintiffs”) Complaint is SUSTAINED with leave to amend as follows. Defendants' request for judicial notice is granted as to Exhibits 2 and 3, which are public records concerning the subject property. It is denied as to Exhibit 1, a May 2019 article published in The State Hornet. (See People v. Ramos (1997) 15 Cal.4th 1133, 1167 [affirming the trial court's refusal to take judicial ...

Excerpt: ...ourt shall review and approve any settlement of any civil action filed pursuant to this part." (Lab. Code § 2699(l)(2).) Plaintiff and Defendant have reached a mediated settlement of the PAGA claims as specified in the motion and supporting declaration of counsel, and request the court's review and approval. Defendant owns and operates bagel bakeries within the State of California. Plaintiff worked for Defendant as a Customer Service Team Member...

Excerpt: ...n are overruled. Overview The following factual and procedural overview is found at pages 950‐952 of the Court of Appeal's opinion in Coley v. Eskaton (2020) 51 Cal.App.5th 943. “In November of 2014, Coley and another . . . homeowner, Karen B. Lorini, filed a class action against [Eskaton, Eskaton Village‐Grass Valley (Eskaton Village), and Eskaton Properties Inc. (collectively, the Eskaton entities)], Murch, Donovan, and, as a nominal defe...

Excerpt: ...D as set forth below. Plaintiff's Complaint alleges a claim for forcible detainer against Defendant pursuant to Code of Civil Procedure 1160(1). Plaintiff alleges the following facts: On or about March 13, 2013, Plaintiff granted a life estate to Bjelland, subject to certain requirements, as to certain portions of the real property identified by Assessor's Parcel Numbers 134‐280‐079 and 134‐280‐080, commonly known as 10565 Arno Road, Galt...

Excerpt: ...rn California, Woodside Homes Company LLC and Does 1 through 10. Plaintiff alleged that defendants were her employer. Adkison further alleges that she was terminated from her job as a salesperson “in retaliation for opposing a sexual harassment investigation of her supervisor where she was purportedly the alleged victim being harassed, which she denied.” According to the FAC, Adkison wasn't paid pending commissions when she was terminated, gi...

Excerpt: ... between Plaintiff and Defendant Sidney Leung. The Second Amended Complaint asserts two causes of action against CSAA for (1) rescission (second cause of action) and (2) unfair and deceptive business practices, Bus. & Prof. Code §§ 17200 et seq. (third cause of action). As to CSAA, Plaintiff alleges that in June 2018, she entered into a settlement agreement with CSAA for $300 in exchange for a release of defendants Sidney Leung, Daman Leung, an...

Excerpt: ...ion for sanctions in the amount of $1,980 is GRANTED. Kronick and Scheidt move for an order compelling plaintiffs' person‐mostknowledgeable deposition(s) by defendants to resume beginning on March 8, 2021, and to continue day to day thereafter until completed. Defendants' objections to Golden's evidence in opposition are ruled upon as follows: Overruled ‐ Nos. 1, 2, and 3. The action currently has a trial date of April 19, 2021, with a discov...

Excerpt: ...and his brother, Defendant Timothy Poole (“Tim”). Plaintiff and Tim are the sole shareholders of Dome, a longtime family printing business. (Pl.'s Decl. ISO Mot. ¶¶ 1, 2.) In December 2018, Plaintiff, Dome, and Tim were all sued in Orange County Superior Court in an employment law matter, captioned Keena v. Merlitz Incorporated dba DOME Printing, et al., Case No. 30‐2018‐01039117 (the “Keena matter”). The Keena matter involved vario...

Excerpt: ...gal counsel's mistake, inadvertence, and excusable neglect, it failed to timely file its application pursuant to Code of Civil Procedure section 683.120 seeking renewal of its lump sum money judgment against Defendant in this action. Specifically, Plaintiff failed to apply for renewal of the judgment within the 10‐year period provided under Code of Civil Procedure section 683.130(a). Plaintiff's application was rejected for filing by the Clerk ...

Excerpt: ...�), disposed of the action against Joanne Suavillo as an individual. As the court explained in its request for supplemental briefing, “[t]he fact that Joanne was alleged to conduct business under a fictitious business name did not create a different person or entity.” (1/26/2021 Order.) The court has reviewed the parties' supplemental briefs. Defendant Joanne Suavillo dba Wandering Boba's supplemental brief did not address the issues requeste...

Excerpt: ...Bandley (hereinafter "plaintiff”), to submit her elder abuse claim to binding arbitration. The petition is GRANTED as set forth below. Defendants' petition is made on the grounds that Ms. Souza, through her agent Lorraine Alves, executed a valid residency agreement containing an arbitration agreement that governs the elder abuse claim asserted against Defendants in the operative Complaint. Defendants' objections to the declaration of Ms. Clemen...

Excerpt: ...tentative ruling system and to be available at the hearing, in person or by telephone, in the event Plaintiff appears without following the procedures set forth in Local Rule 1.06(B). The Court notes that Plaintiff purports to conditionally lodge documents, including even the memorandum of points and authorities, presumably on the basis the documents contain confidential information. However, Plaintiff did not file a motion or application to seal...

Excerpt: ...st 29, 2016, alleging medical malpractice. (See ROA 1.) The proof of service filed by Plaintiff Alan Penan states that Defendant was served with the summons and complaint via personal service on April 19, 2017. (See ROA 108.) The address for service was 6533 Melrose Drive, North Highlands, California 95660. (See id.) Service was effectuated by a registered process server. (See id.) Defendant Molina's default was entered on September 25, 2020. (Se...

Excerpt: ...iation for demanding wages due to wrongful termination, defamation, assault, and battery. Plaintiff alleges that Defendant ISS Facility Services, Inc. (“ISS”) was his employer. Plaintiff also “sues fictitious defendants Does 1 through 50 . . . because their names and/or capacities and/or facts showing them liable are not known presently.” (FAC ¶ 5.) Defendant alleges the Doe Defendants were “the agent and/or employee of every other def...