Excerpt: ...h plaintiff's vehicle. Specifically, Plaintiff alleges that Bradley Bradley Jr., while in the course and scope of employment with DWT “drove negligently in that he made an erratic and abrupt U‐turn across multiple lanes of traffic and across the double yellow lines, resulting in a serious collision. (First Amended Complaint (FAC), COA 2.) The FAC, filed December 23, 2020, ostensibly alleges causes of action for general negligence, motor vehic...

Excerpt: ...t request for reasonable expenses including attorney's fees pursuant to Code of Civil Procedure section 1987.2(a) against plaintiff and cross‐defendant George S. Batchelor (“Batchelor”) and his counsel in the amount of $3,060 (or $7,200) is DENIED. Theis' concurrent request for a protective order prohibiting the production of private personal and financial information contained in the subpoenaed records is DENIED. Batchelor's defensive requ...

Excerpt: ...ent requests for sanctions are denied. The statutory bases of Champ's motion are not clear from its moving papers. Champ's motion cites 2030.010, et seq., [i.e. Code of Civil Procedure, part 4, title 4, chap. 13, Art. 1 consisting of sections 2030.010 to 2030.090] and specifically cites Section 2030.090(d). The series of statutes cited by Champ describe only the general rules for propounding written interrogatories. And Section 2030.090(d) provid...

Excerpt: ...5 Cal.4th543, 590; Steed v. Department of Consumer Affairs (2012) 204 Cal.App.4th 112, 120‐121.) In this personal injury action, Plaintiff Domenica Manley alleges that she was harmed as a result of the negligent performance by Defendant Gonik of a robotic assisted laparoscopy with resection of a right pelvic sidewall mass and nerve sheath tumor. (Compl. para. 18.) Plaintiff also alleges that Dr. Gonik also was negligent in failing to intra‐op...

Excerpt: ...the Court shall conduct a final approval hearing to inquire into the fairness of the proposed settlement. (Cal. R. C.t 3.769(g).) A presumption of fairness exists where: (1) the settlement is reached through arm'slength 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, Newb...

Excerpt: ...Council 16 Internat. Union of Painters & Allied Trades (2015) 234 Cal.App.4th 524, 535.) However, the Court notes that the governmental suggestion form subject to the request states that it was revised “10/2019,” and consists of at least two pages with instructions on the back and attached program rules on another page. Shah alleges he submitted the suggestions at issue in the SAC in 2006 and 2007, and the other referenced pages are not provi...

Excerpt: ...ed to serve as equal shareholders, co‐officers, and co‐directors with Jahnsen and Gregorio Candelario each receiving approximately half of the annual net profits. Plaintiff alleges that Defendant Gregorio Candelario was the Chief Financial Officer of the company and therefore was primarily charged with maintaining the company's books and records, preparing tax returns, and other fiduciary duties. According to Plaintiff, “[s]tarting in appro...

Excerpt: ...ary adjudication on January 13, 2021. Among the exhibits filed in support of the motion are two documents which Defendant argues are, by their terms and the commitment of the parties, confidential. Defendant moves to file under seal (1) the Flow Subservicing Agreement between Bank of America National Association, Servicer and Bayview Loan Servicing, LLC, Subservicer, dated August 1, 2012 (“the Subservicing Agreement”); and (2) the settlement ...

Excerpt: ...er Code of Civil Procedure section 526a to Prevent Illegal Expenditure of Funds”; third cause of action for “Violations of California Constitution, Article I, Section 7‐EQUAL PROTECTION”; fourth cause of action for “Violation of United States Constitution, Amendment 14‐EQUAL PROTECTION"; and fifth cause of action for “Breach of Statutory/Mandatory Duties” in Plaintiff Susan Lea's first amended complaint (“FAC”). The demurrer i...

Excerpt: ... notice is granted. This litigation arises from a real estate purchase and sale agreement for the purchase of an apartment building in Sacramento. Cross‐Complainant Howe Manor, Inc., as seller, alleges in its cross‐complaint causes of action for (1) breach of contract, (2) breach of implied covenant of good faith and fair dealing, and (3) violation of Business & Professions Code § 17200. Cross‐Complainant alleges Cross‐Defendant engaged ...

Excerpt: ...under Business & Professions Code § 17200, et seq. Defendant specifically demurs to the complaint on the following grounds: (1) the first cause of action for legal malpractice fails to state facts sufficient to constitute a cause of action because Plaintiffs have not filed within the statute of limitations; (2) the second cause of action for negligence fails to state facts sufficient to constitute a cause of action because Plaintiffs have not fi...

Excerpt: ...sing him of engaging in illegal acts. The First Amended Complaint (“FAC”) alleged a single cause of action for slander per se. Defendant filed a special motion to strike the FAC, which the Court granted on December 9, 2020. A formal order granting the motion was entered on December 21, 2020. Defendant now moves to recover $31,276.17 in attorneys' fees and costs under Code of Civil Procedure (“CCP”) section 425.16, subdivision (c). Discuss...

Excerpt: ...es (Set One). After oral argument, the court ordered CDCR to serve verified written responses, without objections, by no later than December 30, 2020. (ROA 31.) As relevant background, CDCR obtained several extensions to respond to the discovery due to: (1) the retirement of the key CDCR contact in June 2020; (2) lack of access to documents and availability of CDCR staff to assist in the completion of said responses because of the unprecedented C...

Excerpt: ... the time of the request which of moving defendants' 30 Undisputed Material Facts, plaintiff's 29 Additional Material Facts and/or which of the parties' respective objections to evidence will be addressed at the hearing. The parties should be prepared to point to specific admissible evidence already in the record which is claimed to show the existence or nonexistence of a triable issue of material fact. *** To the extent Defendants' motion actual...

Excerpt: ...d the complaint on October 13, 2018, alleging causes of action for (1) Uniform Controlled Substances Abatement Act, Health & Safety Code § 11570, et seq.; (2) public nuisance, Civil Code §§ 3479, 3480; (3) social nuisance, Sacramento City Code Chapter § 8.08.080; and (4) unlawful cultivation of cannabis, Sacramento City Code Chapter § 8.132. (ROA 1.) On December 1, 2020, Plaintiffs dismissed the second and third causes of action. (ROA 60.) P...

Excerpt: ...endant 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. (See ROA 133.) In support of the instant motion, Defendant filed a declaration stating he was never served with any document ...

Excerpt: ... which was extended to defendant. The proof of service filed on 11/25/2019 indicates the summons & complaint were personally served on defendant at a residence located in Elk Grove on 11/20/2019 at 4:20 p.m. A default was subsequently entered against defendant on 2/5/2020, followed by a default judgment of just over $5,500. Moving Papers. Defendant now moves to set aside the default and default judgment on the ground that she was never personally...

Excerpt: ...icient to support Plaintiff's prayer for punitive damages and/or attorney's fees. Legal Standard A motion to strike challenges portions of a complaint that are substantively defective on the face of the complaint. (PH II, Inc. v. Superior Court (1995) 33 Cal.App.4th 1680, 1682‐1683; see also Code Civ. Proc. § 437.) The Court does not consider extrinsic evidence in considering the motion. More specifically, a motion to strike should be granted ...

Excerpt: ...nded complaint removing the declaratory relief cause of action. The first amended complaint sets forth a single cause of action for penalties pursuant to PAGA based on numerous alleged Labor Code violations. Defendant moves to compel arbitration pursuant to an arbitration provision contained in the “Twitch Affiliate Agreement” that Plaintiff was required to accept to become a broadcaster or “streamer” on Twitch. The provision provides tha...

Excerpt: ...tal disclosure indicated that “Mr. Kayfetz is an expert in the fields of visibility studies, comparison photogrammetry, and computer virtual reality simulations.” (Krieger Decl. ¶ 2, Exh. A.) According to Lyft, Mr. Kafyfetz has been designated to testify on a subject for which Alford and Dunivin already designated an expert and/or to testify on a subject not raised by any other party which it contends violates CCP § 2034.280. CCP § 2034.26...

Excerpt: ...16, 2018 (“SAC”; ROA #56) in its entirety. Alternatively, the Motion requests the court to strike all or portions of paragraphs 5, 9‐20, 27, 30, 32‐34 from the SAC, on the grounds that they allege irrelevant, false, or improper matter. The Motion also includes a request for sanctions pursuant to Code of Civil Procedure § 128.5(a) for “actions or tactics, made in bad faith, that are frivolous or solely intended to cause unnecessary dela...

Excerpt: ...ter Douglas Fabrication Co. (“HDFC”) and Hunter Douglas, Inc.'s (“HDI”) (collectively “Defendants”) motion to quash amended subpoena for personal appearance of Isha Aguirre (“Aguirre”) and production of documents, or in the alternative, request for protective order is ruled upon as follows. I. Overview This is a FEHA employment action. Plaintiff alleges that Defendants retaliated and discriminated against her because she had taken...

Excerpt: ...endent medical examination (“IME”). According to Defendants, they have sought the IMEs for over a year and Plaintiffs have failed to cooperate and between the two of them have failed to show for four properly notices IMEs. “If a defendant who has demanded a physical examination under this article, on receipt of the plaintiff's response to that demand, deems…any refusal to submit to the physical examination is unwarranted, that defendant m...

Excerpt: ... action for premises liability and negligence in connection with injuries he allegedly suffered when he fell inside a Food Source store in Sacramento in May 2017. Plaintiff alleges in his Judicial Council form complaint that he “slipped and fell on a[] liquid substance, believed to have been a raw egg, that presented a dangerous condition.” (Comp. ¶ Prem. L‐1.) He alleges that Defendants “breached their duty to plaintiff by failing to ad...

Excerpt: ... contact opposing counsel forthwith and advise counsel of Local Rule 1.06 and the Court's tentative ruling procedure. If One Call's counsel is unable to contact opposing counsel prior to the hearing, One Call's counsel shall be available at the hearing, by CourtCall or Zoom as stated in the introductory NOTICE to today's Tentative Rulings, in the event opposing counsel appears without following the procedures set forth in Local Rule 1.06(B). One ...