Excerpt: ... the property owned by Plaintiffs which is the subject of the instant litigation, located at 8106 Stevenson Avenue, Sacramento, California (“Subject Property”). Defendant asks for sanctions against Plaintiffs and their counsel for their willful prevention of the site inspection being held on January 21, 2021, the date specified in the Demand for Site Inspection. Defendant contends it must obtain access to the property to evaluate the conditio...

Excerpt: ...� signatures upon certain arbitration provisions ‐‐ was not filed with the moving papers. Instead, these “wet ink” signatures were raised and filed for the first time on Reply, denying Plaintiff Emilee Richardson (“Plaintiff”) a full and fair opportunity to respond thereto. In their moving papers, Defendants filed copies of arbitration provisions bearing only Plaintiff's “electronic” signature. Indeed, the motion was framed as bei...

Excerpt: ...ide notice of the Court's tentative ruling system as required by Local Rule 1.06(D). Defendants are ordered to notify Plaintiffs immediately of the tentative ruling system and to be available at the hearing, via Zoom or CourtCall, in the event Plaintiffs appear without following the procedures set forth in Local Rule 1.06(B). This case arises from the medical treatment of sixteen year‐old decedent Alejandro Perez (“Decedent”). Decedent, who...

Excerpt: ...er continuance. Plaintiff has not explained why his release makes it impossible for him to appear remotely (i.e., through Zoom or via phone) on the scheduled hearing date. The Department 54 Zoom link is http://saccourt.zoom.us/my/dept53.54a. The Department 54 Zoom ID is: 841 204 6267. To appear on Zoom by phone, call (888) 475‐4499 or (877) 853‐5257 (toll‐free) and enter the Zoom ID referenced above. The Court urges Plaintiff to file his up...

Excerpt: ...suant to Code of Civil Procedure section 1030. (See ROA 23.) The order on the motion was entered on November 16, 2020 (see ROA 27), and the notice of entry of order was filed on November 20, 2020, showing electronic service on November 9, 2020 (see ROA 28). Plaintiff was ordered to file the undertaking within 30 days of service of the order granting Defendant's motion. Code of Civil Procedure section 1030(d) provides: “The plaintiff shall file ...

Excerpt: ...�) is unopposed and is GRANTED pending the final fairness hearing to be held on this date. (Code of Civil Procedure § 382, California Rules of Court, Rule 3.769.) In this action, Plaintiff alleges that defendant employer violated various wage & hour provisions of the California Labor Code. The Complaint also includes claims under the Labor Code's Private Attorney General Act (“PAGA”). In approving a class action settlement, the Court is to d...

Excerpt: ...d language above), to participate in oral argument on the continuance date. Defendant California Department of Corrections (“CDCR”) demurs to Plaintiff Monrell D. Murphy's complaint. The demurrer is ruled on as follows. Plaintiff sued CDCR alleging a cause of action for general negligence in connection with alleged sexual assault allegations arising at California State Prison, Los Angeles. Defendant alleges (1) it is immune from suit pursuant...

Excerpt: ...ted on law and motion matters. *** Defendant The Ezralow Company, LLC's (“TEC”) demurrer to Plaintiff's Fourth Amended Complaint (“4AC”) is ruled on as follows. Overview This is an action involving claims of wrongful termination and retaliation in violation of both Government Code §12940 and Labor Code §1102.5. Plaintiff alleges she learned that a Senior Vice‐President of TEC was having an extramarital affair with a vendor who worked ...

Excerpt: ...ich Leisure cited in its reply brief. Having received from IEAC no copy of any endorsed/filed amended complaint (much less by the 2/8/2021 deadline), the Court now rules on Leisure's pending demurrer to the original complaint. Factual Background This is a subrogation action. IEAC alleges in its first cause of action for subrogation that it paid $14,333.68 to repair water damage to its insured's home in Arcadia, California (Compl., ¶¶6, 8‐10) ...

Excerpt: ...f good faith and fair dealing (insurance bad faith) in connection with his claim for insurance benefits with respect to an insurance policy for his 2002 Fleetwood Truck Camper (“Camper”). Plaintiff alleges that the Camper sustained water damage from a leak in the roof and that Defendant breached the terms of his insurance policy when it denied his claim. He also alleges that Defendant acted in bad faith by unreasonably withholding payments un...

Excerpt: ...ce at her property located at 3071 E.Curtis Drive in Sacramento (“Property”). It alleges that Defendant unlawfully installed a hot tub in her front yard and constructed a masonry wall without obtaining the necessary permits. Plaintiff alleges four public nuisance causes of action for violation of Civil Code §§ 3479, 3480 and various provision on the Sacramento City Code. Plaintiff now moves for summary judgment on the basis that Defendant f...

Excerpt: ...tment for pneumonia that he received at Sutter Roseville Medical Center in October 2017. He alleges that Defendant's negligence resulted in him suffering a stroke and post‐stroke disabilities. Defendant's separate statement includes the following: Plaintiff presented to the Emergency Department on Marin General Hospital on September 3, 2017. (UMF 1) On October 11, 2017, plaintiff was admitted to St. Helena Hospital Clearlake with a diagnosis of...

Excerpt: ...tuated individuals who have or continue to work for Defendant Maita Enterprises, Inc. in California at any time within one year prior to November 19, 2019. The PAGA claims were premised on the alleged failure to pay overtime wages, failure to provide meal and rest periods, failure to provide accurate wage statements, failure to pay final wages, failure to keep accurate time records, and failure to reimburse necessary business expenses. The PAGA s...

Excerpt: ...lowing for a percentage of the gross recovery and also provided her a charging lien for any sums owing for unpaid fees and costs. Ms. Palmieri alleges that she associated with Defendants in June 2016 and recommended that Ms. Gilliland follow her. She alleges that Defendants agreed to a division of fees pursuant to which Ms. Palmieri would be paid a minimum of 20%. She alleges that she ultimately agreed to employment with the United Law Center bas...

Excerpt: ...Angela Taylor (represented by attorney Lyle Solomon) recorded a lis pendens against the subject property ostensibly based on a lawsuit filed against Ms. Villarreal and her estate. However, it appears no such lawsuit had actually been filed and in any event, Placer County was not the appropriate venue for same. When Martinez demanded the improper lis pendens be withdrawn, plaintiffs revealed that they had “a qualified company that expressed thei...

Excerpt: ...g to Defendants, because they had filed their answer, Plaintiff no longer was able to file an amended complaint as a matter of right pursuant to CCP § 472. The first amended complaint only added a single cause of action seeking penalties pursuant to Labor Code § 2698 et seq. (Private Attorneys General Act of 2004 [“PAGA”].) PAGA allows aggrieved employees to bring civil actions to recover civil penalties for violations of the Labor Code aft...

Excerpt: ... Management until is dissolved in November 2020. Defendants argue that they were never served with the complaint and did not discover the existence of this action until December 7, 2020 when Defendant Timofey's bank accounts were levied upon. They argue that Plaintiff PNC Equipment Finance served them by way of substitute service at 2721 Grove Avenue in Sacramento despite the fact that Defendant Timofey has not resided at that address since 2014....

Excerpt: ...the care he received at the Woodland Skilled Nursing Facility. The Decedent alleges causes of action for elder abuse and violation of the Patients' Bill of Rights (Health & Safety Code § 1430). Plaintiffs Geraldine Taylor, Diane Hohn and Thomas Taylor assert causes of action for negligent infliction of emotional distress and wrongful death. Defendants seek to compel the dispute to arbitration pursuant to an Arbitration Agreement signed by Diane ...

Excerpt: ...r agreement executed by the Hill Defendants in connection with the latter's legal malpractice action against another law firm which resulted in a substantial settlement after Freidberg was disqualified. Although Freidberg filed a Notice of Lien in the malpractice action, it is alleged that this lien was not honored by the Hill Defendants, their subsequent attorneys and others. Pursuant to the provisions of the retainer agreement, the Hill Defenda...

Excerpt: ...khin (“Rassikhin”), the Safety Manager for USKO. She alleges that Rassikhin sexually harassed her, including sexually assaulting her multiple times. Plaintiff filed her initial complaint on 10/28/2019. No trial is scheduled. Plaintiff moves for leave to file a first amended complaint (“FAC”), the only amendment is to add Rassikhin as a named defendant. In support of the motion, Plaintiff's counsel avers: “The effect of the proposed amen...

Excerpt: ...o expunge is made on the ground that Theis's Amended Cross‐Complaint does not contain a cause of action which would, if meritorious, affect Theis's title or possession of specific real property, and that the lis pendens is void because Theis failed to comply with the service requirements. Plaintiffs Batchelor and Edward Tillman, LLC ("Plaintiffs") filed a complaint against Theis and Andreas Rodriguez ("Defendants") in June 2020, alleging nine c...

Excerpt: ...e 3.769 (g).) A presumption of fairness exists where: (1) the settlement is reached through arm's‐length bargaining; (2) investigation and discovery are sufficient to allow counsel and the court to act intelligently; (3) counsel is experienced in similar litigation; and (4) the percentage of objectors is small. (Newberg & Conte, Newberg on Class Actions supra, § 11.41, pp. 11‐91.) On December 3, 2020, the court preliminarily approved the set...

Excerpt: ...e of action, Plaintiff alleges: “On information and belief, Defendant Cheryl Hess is and at all relevant times to this complaint was the wife of Defendant Dana Hess, who caused a multi‐car pileup as a result of his negligent driving on May 10, 2018, with Plaintiff Elizabeth Buchmiller sustaining injury as a result of that collision. Instead of offering to pay Plaintiff Elizabeth Buchmiller's medical bills or check to see how she was doing, De...

Excerpt: ...rs. *** Defendant California Department of Public Health's (“CDPH”) demurrer to Plaintiff Johnnae M. Harkey‐ Kirk's first amended complaint (“FAC”) is ruled upon as follows. Overview This is a putative class action for CDPH's purported “unauthorized disclosure of sensitive and private personal medical information regarding Plaintiff and class members' pregnancy tests.” (FAC, ¶ 1.) Plaintiff alleges that: “8. On or about November ...

Excerpt: ...ained with leave to amend for failure to state facts sufficient to constitute a cause of action. Defendant's Request for Judicial Notice is granted. Plaintiff alleges causes of action for professional negligence, breach of contract, and breach of fiduciary duty arising out of defendant's representation of plaintiff as a courtappointed public defender in the underlying criminal case, Sacramento County Superior Court Case No. 99F09138. Plaintiff al...