Excerpt: ...; Suzanne Schroeder; Jason Murray; and Mark Hancock's (collectively, “Defendants”) motion to compel arbitration and stay is ruled upon as follows. Defendants' Objections to Declaration of Edward P. Dudensing 1. Ex. A (Marshall Medical Center Hospital records), on grounds of authentication: OVERRULED. The Court finds that Plaintiffs have properly authenticated the Marshall Medical Center Hospital records for purposes of this motion. Plaintiffs...

Excerpt: ...iling of the original complaint by Plaintiffs Glenda C. Perry, by and through her successor-in-interest, Dennis E. Perry, Dennis E. Perry individually, and William M. Perry, David E. Perry, and Judith C. Ducioame, all individually. For the sake of clarity, the Court sometimes will refer to the plaintiffs by their first names. Glenda is the “elder” whose alleged abuse forms the basis of this case. Glenda is deceased and has been deceased since...

Excerpt: ... Defendant on or about December 19, 2021. (SAC, ¶ 8; Exh. A.) In March of 2016, the parties renewed the lease for an additional five-year term. (SAC, ¶ 9.) In March of 2021, during discussions about renewing the lease for an additional five-year term, Plaintiff expressed to Defendant that he needed to have signage for his furniture store that he operated from the leased property. (SAC, ¶ 10.) Defendant informed Plaintiff that he would be allow...

Excerpt: ...tandard In reviewing the sufficiency of a complaint against a general demurrer, the Court is guided by long-settled rules. “‘[The Court] treat[s] the demurrer as admitting all material facts properly pleaded, but not contentions, deductions or conclusions of fact or law.' [Citation.]” (Blank v. Kirwan (1985) 39 Cal.3d 311, 318.) The Court “‘also consider[s] matters which may be judicially noticed.' [Citation.]” (Ibid.) “No other ext...

Excerpt: ...). The complaint includes two causes of action: (1) dependent adult abuse and neglect brought by Plaintiff Ronnie Grant Sr. by and through his Successor-in-Interest, Tricia Grant, and (2) wrongful death brought by Plaintiff Tricia Grant individually. Concurrent with this motion to seal, Defendants have moved for summary judgment as to Plaintiffs' entire complaint. Via this motion, Defendants seek to file under seal Mr. Grant's medical records fro...

Excerpt: ...r Court is 813 6th Street, Sacramento, California 95814. Plaintiff's counsel is directed to contact opposing counsel forthwith to advise counsel of Department 53's correct address, Local Rule 1.06, and the Court's tentative ruling procedure. If Plaintiff's counsel is unable to contact opposing counsel prior to the hearing, they shall be available at the hearing (regardless of Plaintiff's notice pursuant to CRC 3.1304(c)) in person or remotely (te...

Excerpt: ...wage, unpaid wages, and breach of contract against Defendants. Plaintiff seeks summary adjudication of his second cause of action against Triangle on the ground Triangle has admitted it failed to pay wages owed. Plaintiff presents the following material facts in support. Triangle employed him beginning in February of 2021 as an employee in the position of interim Chief Financial Officer. (UMFs 2, 3.) Plaintiff worked for Triangle from February 20...

Excerpt: ... 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 Mr. Kamilchu need not request oral argument. The Litigation Coordinator shall make Mr. Kamilchu available, by Zoom telephonically, at 9:00 a.m. on the date of the continued hearing date, which will be March 7, 2023, to participate in oral argument. To appear o...

Excerpt: ...l (833) 568-8864 and enter the Zoom ID: 16146506749. Defendants J. Lynch and A. Swinney, Jr.'s (collectively, “Defendants”) demurrer to incarcerated plaintiff in pro per Allen Hammler's (“Plaintiff”) Complaint is UNOPPOSED and SUSTAINED with leave to amend. The notice of motion does not provide notice of the Court's tentative ruling system, as required by Local Rule 1.06. Moving counsel is directed to contact Plaintiff and advise him of L...

Excerpt: ... alleged to have been responsible for vehicle accident causing the loss. Plaintiff's request for judicial notice is granted. Plaintiff's motion to have its request for admissions to Defendant deemed admitted was granted on June 22, 2021. 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 ...

Excerpt: ...ed upon defective service has been waived. The notice of motion does not provide notice of the Court's tentative ruling system as required by Local Rule 1.06(D). Plaintiff is ordered to notify Defendant immediately of the tentative ruling system and the manner to request a hearing. If Plaintiff is unable to contact Defendant prior to hearing, Plaintiff is ordered to appear at the hearing. This is an employment discrimination and retaliation case ...

Excerpt: ...ity discrimination, failure to accommodate, failure to engage in the interactive process, retaliation and failure to prevent discrimination, harassment and retaliation. She also alleges a cause of action for wrongful termination in violation of public policy and defamation. Plaintiff alleges that she had been employed for over ten years and was Defendant's preschool director. She alleges that Defendant terminated her because of her need for medic...

Excerpt: .... At issue on the instant motion are Plaintiff's responses to Defendant's request for production (set seven). The subject requests relate to documents Plaintiff worked on during therapy or took home from therapy. Defendant also requested calendar entries for the months following June 2018. “On receipt of a response to a demand for inspection, copying, testing, or sampling, the demanding party may move for an order compelling a further response ...

Excerpt: ...ntiffs allege causes of action against Defendants Justis Development Group, LLC and Ali Copper for intentional and negligent misrepresentation, breach of contract, breach of the covenant of good faith and fair dealing, and common counts. Plaintiffs alleged that they entered an agreement with Defendants pursuant to which Connect Consulting Services agreed to utilize Plaintiffs' connections in the public and private health sectors to assist Defenda...

Excerpt: ...collectively, “Plaintiffs”) Second Amended Complaint (“2AC”) is DENIED. This action arises from Plaintiffs' stay at Vince's Motel from April 2, 2017, through April 11, 2017. Plaintiffs allege that at the time of their stay the motel had a bedbug infestation and that management was aware of the problem, but failed to notify them of the presence of bedbugs in their room or remedy the problem. Plaintiffs filed this action on April 2, 2019, a...

Excerpt: ...he Court continue the hearing to allow Petitioner to provide additional evidence relating to the proof of service issue raised by Respondent, notwithstanding the Court's tentative ruling which had found service sufficient based upon the corpus of evidence supplied in Petitioner's original filings. The Court granted Petitioner's request to continue this hearing to this date and allowed the parties to provide supplemental filings on the issue. Both...

Excerpt: ...d a notice of deposition of WinCo's employee, Erica Gehrke (“Gehrke”), which included a request to produce any reports made of the incident by any person. (Stewart Decl., ¶ 4, Exh. A.) WinCo served an objection to the deposition notice indicating Gehrke prepared a customer accident report but refusing to produce the report on grounds it is privileged. as set forth in Holm v. Superior Court (1954) 42 Cal.2d 500 and Travelers Ins. Co. v. Super...

Excerpt: ..., including the subject Requests for Production Nos. 16, 22, 24 38, and 39. (Thomas Decl., ¶ 3 and Exh A.) Defendant's responses and/or supplemental responses identify certain responsive documents that Defendant agreed to produce “subject to a protective order.” (Thomas Decl., ¶¶ 4, 8 and Exhs. B and F.) However, as the parties were unable to agree on the final terms of a protective order, Defendant has not yet produced the documents. Plai...

Excerpt: ...and the Court's tentative ruling procedure and the manner to request a hearing. If moving counsel is unable to contact opposing parties prior to hearing, moving counsel is ordered to appear at the hearing by Zoom or by telephone. Nissan's request for judicial notice is unopposed and granted. Plaintiffs Ramiro Ramirez and Martha Ramirez filed the instant complaint against Defendant more than two years ago on February 3, 2020. Plaintiffs assert var...

Excerpt: ...nnection with the purchase, he received an express warranty. During the warranty period, the vehicle contained or developed various defects. Plaintiff filed his complaint on August 17, 2022. NNA moves to compel arbitration pursuant to the Retail Installment Sale Contract – Simple Finance Charge (With Arbitration Provision) (“RISC”) which Plaintiff signed with the Dealer. NNA is not a signatory to the RISC. The arbitration provision provides...

Excerpt: ...dressed at the hearing and the parties should be prepared to point to specific evidence which is claimed to show the existence or non-existence of a triable issue of material fact. *** Defendant State of California Department of Corrections and Rehabilitation's (“CDCR”) motion for summary judgment, or in the alternative, summary adjudication is ruled upon as follows. CDCR fails to comply with CRC Rule 3.1110(f)(3) which requires that each pap...

Excerpt: ...intiff was a staying at a hotel owned and/or managed by Defendants. Plaintiffs allege Defendants knew there was a prior bedbug infestation prior to renting Plaintiffs a room, failed to take adequate sanitary steps, such as changing bed skirts, to eradicate the infestation, failed to take adequate steps to inspect the room and verify it was free of bed bugs before renting it to Plaintiffs, failed to properly train staff to inspect and eradicate be...

Excerpt: ... Ranganath Pathak, M.D.'s (“Defendant”) demurrer to plaintiff Jane Doe's (“Plaintiff”) First Amended Complaint (“1AC”) is ruled upon as follows. Plaintiff filed her Complaint on April 15, 2022. Plaintiff filed her 1AC on September 16, 2022, alleging the following causes of action: (1) fraudulent misrepresentation; (2) sexual battery; (3) sexual harassment pursuant to Civil Code § 51.9; (4) negligent hiring, supervision, and retention...

Excerpt: ...ies' subsequent declarations relating to these additional meet-and-confer efforts and now rules as follows. Factual Background This action was commenced by plaintiff Keener on 12/2/2020 when she filed a complaint against her sister, defendant Perry who is the trustee of their parents' trust. The complaint purports to assert causes of action for undue influence, declaratory relief invalidating a trust amendment, imposition of constructive trust, b...

Excerpt: ...counsel's declaration relating to these additional meet-and-confer efforts and now rules as follows. Factual Background This action arises out of a 2020 incident allegedly occurring in a Trader Joe's parking lot. Plaintiff claims to have been struck by defendants' vehicle while walking in the parking lot with her mother. Plaintiff McKinney's responses to interrogatories attest to the following injuries: “[R]ib contusions, headaches, sprains and...