Excerpt: ...ocess of selling the company's assets. They allege that the relied on Defendants InterWest Insurance Services, LLC, Mike McStocker, and Marie Lavana, their insurance brokers, to obtain ongoing Directors & Officers insurance coverage after the sale of the company's assets. Plaintiffs allege that they believed that they were obtaining six years of “runoff coverage” to cover them for approximately six years of acts they would take in winding dow...

Excerpt: ... with Poelman to build the Inn. Poelman subcontracted with Defendant/CrossComplainant/Cross‐Defendant DTS Mechanical, Inc. (“DTS”), an HVAC installation contractor. DTS installed a Daikin VRV‐II system (“VRV‐II” or “HVAC System”) that was supplied by Defendant/Cross‐Defendant Norman S. Wright Mechanical Equipment Corp. (“NSW”), an agent and/or authorized representative of Defendants/Cross‐Defendants Daikin North America,...

Excerpt: ...lleges a cause of action for whistleblower retaliation under Labor Code § 1102.5. As seen from the parties' requests for judicial notice, Plaintiff previously filed an unfair practice charge with the California Public Relations Board (“PERB”) in July 2019 alleging that he was “retaliated against for engaging in protected activities” in violation of Government Code § 3543 (Educational Employment Relations Act [“EERA”]). (Def. RJN Exh...

Excerpt: ...Defendant Lonnie Dewitt's demurrer to Plaintiff Alexsei Lukianov's first amended complaint (“FAC”) is ruled upon as follows. Overview This is an action between a former couple in which Plaintiff alleges that Defendant failed to disclose his HIV‐positive status and infected Plaintiff through unprotected sexual activities. Plaintiff is a resident of Russia. Defendant is alleged to be at all relevant times a resident of Sacramento County. Plai...

Excerpt: ...y Zoom audio, if available (see bolded language above), to participate in oral argument on the continuance date. Defendant Secretary of State of California's (“Defendant”) motion to expunge lis pendens is GRANTED. Defendant moves pursuant to CCP § 405.30 to expunge the Notice of Lis Pendens recorded in the office of the Recorder of Kern County, California, Document Number 220124692 field on or about September 8, 2020 (the “Notice of Lis Pe...

Excerpt: ...ot represent itself. It must represent through an attorney. Therefore, the motion as to Viva Management Corporation is dropped without prejudice. Caressa Camille, Inc. v Alcoholic Beverage Control Appeals Bd. (2002) 99 Cal.App.4th 1094, 1101;Merco Construction Engineers, Inc. v Municipal Court (1978) 21 Cal.3d 724, 731. On October 14, 2020 plaintiff filed a Complaint alleging causes of action for breach of contract, breach of oral contract, breac...

Excerpt: ...s (“Mr. Bolanos”) held title to the Property as joint tenants. Mr. Bolanos subsequently transferred his interest in the Property to Defendant. Plaintiff filed this action on June 9, 2020 alleging financial elder abuse, among other things. The Verified First Amended Complaint alleges causes of action for: 1) financial elder abuse, 2) partition, 3) judicial foreclosure, 4) theft by false pretenses, and 5) undue influence fraud. Plaintiff prays ...

Excerpt: ...participate in oral argument on the continuance date. Defendant Kenneth Rosenfeld's Demurrer to the Amended Complaint is sustained 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 cou...

Excerpt: ... in Plaintiff's memorandum of points and authorities, and the proposed right to attach order. Despite these deficiencies, Defendant filed an opposition to the merits of the Application. Defendant did not object to defective notice. By opposing the Application on the merits, Defendant waived the deficiencies regarding notice. Moreover, it is clear from the opposition that Defendant understands that Plaintiff seeks to attach $326,936.33. Overview I...

Excerpt: ...ation (“CDCR”) alleges she was sexually harassed by Defendant Christopher Lewis (“Defendant Lewis”), another employee of CDCR. (See complaint). Pursuant to Code of Civ. Proc. § 1043, Plaintiff seeks discovery of various peace or custodial officer personnel records. Specifically, Plaintiff seeks to compel responses to Requests for Production (“RFP”), Set One, Nos. 8, 12, 25‐26, 29‐45, and 47; RFP, Set Two, Nos. 55‐66 and 74‐77...

Excerpt: ...��) is GRANTED in part and DENIED in part. Factual Background Gio Fitness is a business with its principal place of business in Placer County. Plaintiff Pat Accettura is Gio Fitness' sole member. Vanir Group and Vanir Development are real property developers. Ms. Dominguez is the Chairwoman and Chief Executive Officer of Vanir Group. Gio Fitness and Vanir Group formed a limited liability company Lincoln Gateway Ventures, LLC, (“Lincoln”) that...

Excerpt: ...0 Plaintiff served notices of depositions for the Witnesses. (Padova Decl., ¶ 2.) After determining counsel was unavailable on the dates noticed, Defendant served an objection to the depositions, which included an offer to meet and confer. (Id. at ¶¶ 2‐3.) On October 26, 2020, Plaintiff contacted Defendant's counsel via email to request dates of availability for the witnesses (Id. at ¶ 4.) Defendant's counsel responded with an email directi...

Excerpt: ... Plaintiffs are Sutter patients and they generally allege they have sent and received electronic communications with Sutter via its website, sutterhealth.org, which provides patients with multiple options to sign‐in to the Patient Portal, search for a doctor, pay a bill, or exchange communications relating to their medical condition. It is claimed that when a person uses the website, Sutter discloses certain information about such use to Facebo...

Excerpt: ... 5/19/2015 death of Reverend Amaziah Altraide (“Decedent”) whose prostate cancer had been treated with Lupron, Effexor and “radioactive gold seeds.” On 3/21/2016 plaintiff Stella sent a letter to Kaiser Permanente's Legal Department expressing her intent to bring a lawsuit for “medical malpractice” and “lack of informed consent” related to Decedent's medical treatment and death in Nigeria. An initial lawsuit was filed on 5/15/2017...

Excerpt: ...1535.) “Courts engage in a two‐step process to resolve anti‐SLAPP motions. ‘First, the court decides whether the defendant has made a threshold showing that the challenged cause of action is one arising from protected activity. The moving defendant's burden is to demonstrate that the act or acts of which the plaintiff complains were taken “in furtherance of the [defendant]'s right of petition or free speech under the United States or Ca...

Excerpt: ...he Court's CCMS system allows the public to access and view all pleadings and documents once they are filed unless the Court orders otherwise and thus, it is imperative for counsel to appropriately redact all pleadings and documents before filing. If plaintiffs' now desire to shield this information from the public, they shall promptly file and serve an appropriate noticed motion to seal pursuant to CRC Rule 2.550 et seq. and lodge (not file) wit...

Excerpt: ... operative complaint purports to assert claims for disability discrimination, failure to accommodate, retaliation, wrongful termination, unfair business practices and “waiting time penalties” under Labor Code §201 and §203. Moving Papers. According to Defendants, plaintiff applied for employment with JSFA in 2014 and signed a valid, enforceable agreement to arbitrate any and all claims arising out of his employment including those for discr...

Excerpt: ...ual Background This action arises from a motor vehicle accident occurring at an intersection in Sacramento on 1/24/2019. Plaintiff asserts that the collision was caused at least in part by a “construction sign” which “obscured traffic near the intersection” and he did not discover the sign was owned by SMUD until 11/16/2020. In order to hold SMUD, a public entity, accountable, plaintiff now moves pursuant to Government Code §946.6 for re...

Excerpt: ...te motions but the parties briefed the opposition and reply briefs for both motions together. As such, the Court considers the motions together. 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 to be available at the hearing, via Zoom or CourtCall, in the event Defendant appears without foll...

Excerpt: ...t for Production of Documents, Set One, from Plaintiffs Jeff Harris and Teresa Harris are ruled upon as follows. This is an elder abuse action. This matter arises from the admission of decedent Eva Harris at Mission Carmichael, a skilled nursing facility, from June 20, 2018 to June 28, 2018. Plaintiffs allege that while at Mission Carmichael, Ms. Harris developed a fecal impaction resulting in acute renal failure and metabolic acidosis which ulti...

Excerpt: ...commenced on 3/14/2018 by plaintiffs Digital Tactics, Inc. ("DTI"), Terra/ERI, and Michael Newsom (collectively "Plaintiffs") as against defendants Steven Sprague, EnergySquad.org, Inc., Viruk Tungpagasit, ESH, and Duane Sprague (collectively "Defendants"). In June of 2018, Plaintiffs filed a First Amended Complaint ("FAC") which purports to assert causes of action for misrepresentation, breach of contract, breach of operating agreement, breach o...

Excerpt: ...their Special Interrogatories, set two ("SIs"), is granted as follows. Background The Court incorporates by reference herein the background from its concurrent ruling on Plaintiffs' Motion to Compel Further Responses to its Requests for Production of Documents, set two (“RFPs”). In addition to the RFPs, Plaintiffs propounded SIs to Van Son on September 17, 2020, related to Mr. Bendowski's testimony in the Lopez trial. (SIs, attached as Ex. F ...

Excerpt: ...in the alternative summary adjudication, as to Plaintiff Barbara Young (“Plaintiff's) first amended complaint is ruled on as follows: Defendant's objections nos. 8, 9, 13, 15, 21, 23, 28‐35 are overruled. However, the Court notes overruling the objections, it does not accept the truth of any conclusions made by Plaintiff and accepts only those facts supported by the evidence provided. Defendant's objection no. 38 to the screenshot of a job de...

Excerpt: ...econd cause of action for violation of Business & Professions Code section 17200, et seq., and against Defendants' Affirmative Defense Nos. 15, 32‐34, and 38. As such, Plaintiffs cite to seven issues for summary adjudication. The motion is ruled on as follows. The notice of motion does not provide notice of the Court's tentative ruling system, as required by Local Rule 1.06. Plaintiff is directed to contact defense counsel and advise them of Lo...

Excerpt: ...ehalf of a class of similarly situated individuals. Plaintiff's claims are based on defendants Cardinal Health Pharmacy Services, LLC and Cardinal Health, Inc.'s (collectively, “Defendants”) purported failure to pay overtime wages, failure to provide meal and rest periods, failure to provide accurate wage statements, failure to pay final wages, and violation of unfair business practices. Plaintiff further alleged Defendants' policies and prac...