Excerpt: ...it on November 1, 2018. On July 28, 2020, Plaintiff propounded Special Interrogatories, Set Three, to Defendant. On September 30, 2020, pursuant to agreement, Defendant provided responses and objections to these requests. At the time the responses were served, they lacked verifications. Defendant forwarded verifications of the responses on or about October 4, 2020. The Parties engaged in multiple attempts to meet and confer regarding the response...

Excerpt: ...uance pursuant to Code of Civil Procedure section 437c(h). Plaintiff was required to file any amended Opposition to Defendant's motion on or before December 30, 2020. Plaintiff did not file any amended Opposition. Objections Plaintiff's Objections are overruled. Defendant's Objection Nos. 17‐19 and 21‐24 are sustained. The Court does not rule on the remaining objections pursuant to Code of Civil Procedure §437c(q) since they concern evidence...

Excerpt: ...nly two Court days prior to the hearing. This untimely filing was not considered. Plaintiffs filed this employment action on May 20, 2020, alleging 14 causes of action, including, among other things, declaratory relief, age discrimination, wrongful termination, failure to pay wages upon separation, failure to reimburse business expenses, failure to furnish compliant wage statements, and violation of Business & Professions Code § 17200 et seq. In...

Excerpt: ...c. (“Defendant”) who worked as a security guard/security officer. On May 22, 2019, Plaintiff filed a notice with the Labor and Workforce Development Agency explaining the basis for PAGA penalties and sent the letter by certified mail to Defendant. Plaintiff then filed this action on September 6, 2019, alleging individual claims for failure to provide meal and rest breaks, failure to pay all wages owed, failure to provide accurate wage stateme...

Excerpt: ...�) is ruled upon as follows. Cross‐Defendants' request for judicial notice of the Second Amended and Restated Limited Partnership Agreement of Myers & Sons Construction, L.P. (the “Partnership Agreement”) is denied. The interpretation of contracts is generally beyond the scope of judicial notice. ( Herrera v. Deutsche Bank Nat. Trust Co. (2011) 196 Cal. App. 4th 1366, 1375.) Indeed, in ruling on a demurrer, it is error to take judicial noti...

Excerpt: ... shall be available, by COURTCALL, or by Zoom audio, if available (see bolded language above), to participate in oral argument on the continuance date. Defendants' Compton, Barretto, Bobbala, Heredia, Macomber, and Wangombe's ("Defendants") Demurrer to the Complaint filed by self‐represented incarcerated plaintiff is ruled on as follows Defendants' Request for Judicial Notice is granted. Plaintiff alleges a medical negligence claim under Cal. C...

Excerpt: ..."Buick"). The Buick originally belonged to Guy T. Nelson, who is now deceased (Compl. ¶¶ 8‐10.) Plaintiff Krause is an attorney who also is the executor and beneficiary of Mr. Nelson's estate. (Compl. ¶8. ) In early 2017, Mr. Nelson took the Buick to Defendant's shop for repair; Soto‐Baney accompanied him there and took him home after dropping off the vehicle. (Compl. ¶ 9.) A few days later, Mr. Nelson passed away. (Compl. ¶10.) Plaintif...

Excerpt: ...plaint is OVERRULED. At the outset, Defendants did not file and serve with this demurrer any declaration that satisfies the requirements of Code of Civil Procedure section 430.41(a). That subdivision requires the demurring party to meet‐and‐confer "in person or by telephone" with the party filing the pleading that is the subject of the demurrer. In the interest of judicial efficiency, the Court will rule on the demurrer, but in the future suc...

Excerpt: ... and complete responses to certain requests for production. Defendant interposed numerous objections to the requests, including objections based on relevance, burden and oppression, trade secrets and attorney‐client privilege. DISCUSSION Request Nos. 1 and 2 Request No. 1 seeks “DOCUMENTS pertaining to review by the "Escalation Team" or "HCCM National Escalations" (referenced in Defendant's document production HMA000644 HMA000645) of Plaintif...

Excerpt: ...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 August 31, 2020 the court granted the motion for preliminary a...

Excerpt: ...D WITHOUT LEAVE TO AMEND. Request for Judicial Notice Defendant's Request for Judicial Notice ("RJN", ROA #38) is granted. The request pertains to the insurance policy referenced in the operative complaint (FAC ¶¶ 8, 33), allegedly forming the basis of the relationship between Plaintiff and Defendant. (Evid. Code § 452(h); Ingram v. Flippo (1999) 74 Cal.App.4th 1280, 1285, n.3 (taking judicial notice of documents referenced in the complaint bu...

Excerpt: ... hand, and Plaintiffs' own uninsured motorist carrier covering the second accident. Thus plaintiffs are attempting to combine a third‐party action with an already pending uninsured motorist claim that they in fact initiated. Plaintiffs allege that Fathy Hamed was a motor vehicle driver involved in two car accidents that occurred seven months apart. They allege that he sustained bodily injuries in each accident. They allege that accident #1 invo...

Excerpt: ...intiff”) within 48 hours of receiving it. The hearing date shall automatically be continued to January 20, 2021, at 9:00 a.m. in this Department for oral argument. The continuance date is an appearance required hearing so no party needs to request oral argument. The litigation coordinator shall make Plaintiff available by CourtCall or by Zoom audio (if available) to participate in oral argument at 9:00 a.m. on the continued hearing date to part...

Excerpt: ... quoted as well as cited to.. In 2018 Plaintiffs purchased a home in Elk Grove that had been used to grow marijuana. Plaintiffs allege Defendants knowingly and intentionally failed to disclose and/or misrepresented information regarding the marijuana grow operations at the Subject Property prior to Plaintiffs' purchase of the residence. (FAC ¶15‐20) Plaintiffs allege that Ms. Ha, as the real estate agent who represented the seller of the prope...

Excerpt: .... In 2018 Plaintiffs purchased a home in Elk Grove that had been used to grow marijuana. Plaintiffs allege Defendants knowingly and intentionally failed to disclose and/or misrepresented information regarding the marijuana grow operations at the Subject Property prior to Plaintiffs' purchase of the residence. (FAC ¶15‐20) Plaintiffs allege that Ms. Ha, as the real estate agent who represented the seller of the property (Mrs. Li), knew the exte...

Excerpt: ...re Center‐ Greenhaven from August 12, 2015 through August 30, 2015 and from September 4, 2015 through October 13, 2015. Ms. Wilkes died on October 13, 2015. Plaintiffs are decedent's Successor‐ininterest, granddaughter Katrina Randolph, and Katrina Randolph as an individual. Defendant served discovery on plaintiffs in February of 2018. After some delay due to efforts to locate heirs and mediation, defendant filed their three motions to compel...

Excerpt: ...poration of America (“Van Son”) to 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 th...

Excerpt: ...s to Compel Further Responses to Request 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 fa...

Excerpt: ...dant. H16 Grupe Investors, LLC (“Grupe”) and H16 Local Investors, LLC each own a 50% interest in H16 Apartment Investors. Plaintiff is the managing member of H16 Local Investors, LLC which has a 25% interest in Defendant. Plaintiff alleges that pursuant to an oral agreement and an August 28, 2020 Letter of Intent (“LOI”), it had an agreement regarding the sale of interests of Defendant. The agreement was allegedly between Plaintiff, Guard...

Excerpt: ...ient date and call the clerk in Department 54 by no later than 4:00 p.m. on Monday, January 11, 2021 to notify the clerk of the new date. (See Local Rule 1.06.) ** Defendant Scott Pierce's (“Pierce”) “motion to enforce order" is ruled upon as follows. This is an action for breach of guarantee. On 1/13/2020, the court granted Plaintiff Associate Materials, LLC's (“AML”) application for writ of attachment against Pierce (“Application”...

Excerpt: ...aintiff raised no objection and was able to file a reply. At the outset, the Court notes that in connection with this motion Plaintiffs lodged numerous documents conditionally under seal and provided notice pursuant to CRC 2.551(b)(3). Here, no party filed a motion to seal the documents within ten days of being served with the notice. As a result, the documents will be placed in the public file. (CRC 2.551(b)(3)(B). Given this, the Court will ref...

Excerpt: ...d Peter Nelson alleging causes of action to determine the validity of a trust amendment and for elder abuse. Cross‐ complainant was a caregiver for Dr. Thomas Nelson and his wife Wylda Nelson. Peter Nelson was the trustee of the Thomas L. and Wylda Hammond Nelson Revocable Trust. Crosscomplaint filed her cross‐ complaint alleging numerous causes of action against Peter Nelson, in his capacity as trustee, for violations of the Labor Code. Esse...

Excerpt: ...artment 54 by no later than 4:00 p.m. on Monday, January 11, 2021 to notify the clerk of the new date. (See Local Rule 1.06.) ** Defendant San Juan Aviation's motion for sanctions pursuant to CCP section 128.7 is unopposed but is DENIED. Defendant moves for sanctions pursuant to CCP §128.7 on the grounds that “the allegations and other factual contentions in the complaint lack evidentiary support and the complaint is presented for an improper ...

Excerpt: ...for invasion of privacy, trespass, fraud, negligent misrepresentation, and unlawful business practices. Plaintiffs allege that Defendants created and deployed a fake air monitoring device affixed with a label that said “SMAQMD Air Monitoring Station,” and included the name and contact information for SCS Engineering employee Paul Schafer. Plaintiffs allege that the fake device and label were meant to deceive Plaintiffs, their employees, and t...

Excerpt: ...ows. Plaintiff's First Amended Class Action Complaint asserts two claims: (1) failure to furnish accurate itemized wage statements; and (2) violation of the Labor Code Private Attorneys General Act of 2004 (“PAGA”). This matter was previously referred to arbitration to resolve Plaintiff's individual claims. Plaintiff's individual claims have been settled and the matter is now before the Court to adjudicate Plaintiff's remaining PAGA claim, wh...