Excerpt: ...ion matters. *** Defendant Nga Gomez‐Chan's demurrer to Plaintiff California Department of Educations' second amended complaint (“SAC”) is ruled upon as follows. Overview This is an action by Plaintiff to recover roughly $3 Million in public funds which were advanced to various defendants, consisting of private entities and their principal owners/officers, to pay for defendants' provision of subsidized services for child development pro...

Excerpt: ...ion, and the original complaint ceases to have any effect either as a pleading or as a basis for judgment. Because there is but one complaint in a civil action, the filing of an amended complaint moots a motion directed to a prior complaint. Once an amended complaint is filed, it is error to determine a cause of action contained in a previous complaint. State Compensation Ins. Fund v. Superior Court, (2010) 184 Cal. App. 4th 1124, 1129‐1131. Th...

Excerpt: ... not consider the opposition since it was filed after the tentative ruling was prepared. This action arises from a levy on a bank account pursuant to a writ of execution in the underlying case of Northern California Collection Service, Inc. v. Theodoros Avdalas, et al., case number 34‐2014‐00164759. In the underlying action, judgment was entered for NCCS. NCCS then levied Plaintiff's bank account to satisfy the judgment. NCCS then filed an ac...

Excerpt: ... Ben Magur (Magur) (collectively “Plaintiffs”). According to Plaintiffs, Rebossio suffered scarring and other injuries to her face and back when she received laser treatment. Plaintiffs allege that Defendants “negligently treated, cared for, diagnosed, obtained informed consent, failed to obtain informed consent, prescribed and or failed to prescribe and/or monitor proper medication and/or treatment, advised, examined, made and/or failed to...

Excerpt: ...alties. Plaintiff's cause of action for wrongful termination in violation of public policy was dismissed after the District's demurrer. Plaintiff alleges that she was retaliated against after making complaints regarding health and safety problems in the preschool classroom where she worked as a teacher's assistant. In evaluating a motion for summary judgment or summary adjudication the court engages in a three step process. The Court first identi...

Excerpt: ...Defendants who were in his supervisory chain of command created false probationary reports indicating termination was imminent in retaliation for his raising concerns that he was given unnecessary work and being unnecessarily micromanaged and that taxpayer dollars were being wasted. He also claims that he raised numerous litigation strategy questions and raised issues regarding unethical, improper and unlawful conduct. He alleges that he was esse...

Excerpt: ... entitled to fees and costs under CCP § 1032 and Civil Code § 1717 as the prevailing party on the contract (Deed of Trust and Note). Here, there is no question that for purposes of CCP § 1032, Defendant is the prevailing party. CCP § 1032(a)(4) defines a prevailing party as a defendant in whose favor a dismissal was entered. Plaintiff dismissed this action against Defendant on April 23, 2018. Defendant is therefore entitled to costs as a matt...

Excerpt: ...iness locations in South Sacramento and Elk Grove. (Compl. ¶¶ 12, 13.) In exchange for business equipment, inventory, right to use Plaintiff's trade name and registered mark, and the business' goodwill, Pokeface agreed to pay $225,000 to Plaintiff. (Compl. ¶ 13.) Pokeface also agreed to assume responsibility for the leases at each business location. (Compl. ¶ 20.) Pokeface paid a total of $160,000 toward the purchase price and Plaintiff agree...

Excerpt: ...ies had an implied agreement for a joint venture pursuant to which Defendant asked Plaintiff if Plaintiff wanted to purchase and share a home with Defendant. Plaintiff alleged that they agreed to share expenses and invest in a home. Plaintiff alleges that Defendant obtained financing and promised to add Plaintiff to title. (SAC ¶¶ 2‐4.) Plaintiff alleged that they borrowed the $5000 for the home they purchased in April 2009 from Defendant's m...

Excerpt: ...quested in an attempt to obtain leave to amend, plaintiff shall be prepared to specifically discuss the new or different facts which may now be alleged in good faith to overcome the deficiencies noted below. *** Defendant Ocwen Loan Servicing, LLC (“OLS”), et al.'s (collectively “Defendants”) demurrer to plaintiff in pro per's complaint is SUSTAINED without leave to amend, as follows. The notice of demurrer does not provide notice of the ...

Excerpt: ...y with CRC Rule 3.1110(b)(3)‐(4). The court notes that defendant filed no opposition to the present motion but her counsel filed a declaration which requests additional time to contact his client before granting this motion. However, as defendant was previously ordered to comply with the discovery requests no later than 1/12/2018, the court finds that defendant has already had enough time to comply and that her failure to do so warrants the imp...

Excerpt: ... the court's tentative ruling procedure and the manner to request a hearing. If moving counsel is unable to contact opposing counsel prior to hearing, moving counsel is ordered to appear at the hearing in person or by telephone. Factual Background This action arises out of a 2015 real estate transaction whereby Ms. Schmauderer contracted with Bebermeyer Asset Management Inc. (“BAM”) to sell her home to BAM for $500,000, with escrow being esta...

Excerpt: ...f patients' bill of rights against defendants Plum Healthcare Group, LLC and Oleander Holdings, LLC dba Sacramento Post‐Acute (collectively, “Defendants”). Plaintiffs filed their First Amended Complaint on March 22, 2016. Defendants filed a petition to compel arbitration on February 18, 2016, which this Court denied on April 6, 2016. Defendants appealed this decision and this matter was stayed on June 7, 2016, pending resolution of the appe...

Excerpt: ...because the sanction eliminates a party's fundamental right to a trial, thus implicating due process rights. The trial court should select a sanction that is tailored to the harm caused by the withheld discovery. Sanctions should be appropriate to the dereliction, and should not exceed that which is required to protect the interests of the party entitled to but denied discovery. (Lopez v. Watchtower Bible & Tract Society of New York, Inc. (20...

Excerpt: ...er was previously set for hearing on July 2, 2018. Plaintiffs failed to file an opposition in advance of the hearing, but filed an opposition on the date of the hearing. The Court continued the matter to allow the Court and counsel and opportunity to consider the late‐filed opposition and to allow Defendant McCarty to file a reply brief. The Court notes that the tentative ruling in advance of the July 2 hearing had sustained the demurrer on the...

Excerpt: ...#34;lead case", was filed in 2015 against Labmor, Williams (a Canadian citizen), and other defendants. Defendant Aoraki (an Australian business) was added as a defendant through a Doe Amendment on August 11, 2015. The 2015 complaint alleges causes of action for Negligence and Strict Product Defect. The complaint alleges that on November 21, 2014, Plaintiff attended a marketing promotional event at Smith Flat House Restaurant in Placerville, C...

Excerpt: ...ntiff pleads causes of action under the FEHA and the CFRA. He alleges among other things that the County discriminated against him because he is African‐American and he was disciplined for taking medical leave to care for his wife while non‐African‐American employees were not similarly disciplined. Plaintiff further asserts the County failed to correct its employees' illegal practices after he complained and the reasons offered for the ...

Excerpt: ...f will be addressed 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 Cordova Recreation and Park District's (“District”) motion for summary judgment, or in the alternative, summary adjudication is ruled upon as follows. This case arises from allegations of discrimination and retaliation under the FEHA and...

Excerpt: ... pursuant to CCP 1005(b). No opposition was filed. The complaint was filed in October 2007, and default judgment was entered on March 30, 2009 for the amount of $22,722.61. The plaintiff filed a Application for Renewal of motion, bringing the amount of the judgment to $41,524.83. This motion followed. Defendant asks the court to vacate the renewal of the judgment pursuant to CCP 683.170 on the ground defendant never had knowledge of the case and ...

Excerpt: ... 235, Carmichael California and the second examination by Dr. Williams shall take place that same day at 3:00 p.m. at the same location. In this personal injury action arising from a September 2016 accident, Plaintiff alleges that he was hit by a tractor trailer driven by C.R. England, Inc's employee Bernardo Raul Gutierrez, Jr. while he was crossing the street in his wheelchair. Plaintiff alleges multiple catastrophic injuries rendering him ...

Excerpt: ...pursue on a theory of dangerous condition of public property. Plaintiff allegedly was injured while crossing in an unmarked City crosswalk. Plaintiff's responses were untimely. Thus, her objections have been waived. Defendant moves to compel Plaintiff's further responses to RFA nos. 23, 24, 25, 27, 28, 29, 30, 33, 35, 36 and 37. RFA 23, 24, 25, 27, 28, 29, 30, 33 ‐ GRANTED These RFAs seek Plaintiff's admission regarding the authenti...

Excerpt: ...f dangerous condition of public property. Plaintiff allegedly was injured while crossing in an unmarked City crosswalk. Plaintiff's responses were untimely. Thus, her objections have been waived. Form Interrogatory 8.8: GRANTED This form interrogatory concerns Plaintiff's loss of future income. It seeks the facts upon which Plaintiff bases her loss of future income, an estimate of the amount, an estimate of how long she will be unable to ...

Excerpt: ... that she began her employment with Defendant SNYIR, Inc. dba Two Men and a Truck Sacramento, in December 2015. In April 2016, she was admitted to the hospital due to health complications related to her pregnancy and her daughter was born three months premature. She alleges that Defendant would not allow her to return to fulltime work after she returned from maternity leave. In July 2016, Plaintiff resigned because she could not afford a baby‐s...

Excerpt: ...ly set for July 10, 2018. On June 19, 2018, Plaintiff appeared at an ex parte appointment requesting a stay. The Court granted an Order Shortening Time ("OST") setting the motion for July 10. No motion was ever filed for that date, so the tentative ruling for July 10 dropped the motion. A court which "drops" a motion is deleting a hearing on that motion from the court's calendar, and is not declaring the motion to be forever a...

Excerpt: ...jurisdiction to consider the motion. (Lee v Placer Title Co. (1994) 28 Cal.App.4th 503, 509, 511.) Although the matter is dropped, the Court must also note that Plaintiff apparently sought to seal the entirety of her papers in opposition to the Defendants' motion for summary judgment as opposed to simply sealing the portions that specifically refer to her medical records/condition. While medical records are presumptively private and may afford a ...

Excerpt: ...ounsel shall file all requests for judicial notice as separate documents pursuant to CRC 3.1113(l).) Plaintiff Sohrab Mansourian's (Mansourian) third amended complaint (TAC) filed without leave of court on 6/19/18 is STRICKEN. This is a dispute between attorney and client. Mansourian was the client. The SAC contains causes of action against one or both Defendants for breach of contract and negligence. Mansourian alleges Defendants misadvised him ...

Excerpt: ...raud and Conversion.” (Comp. Att. A.) Plaintiff alleges that pursuant to the will of Guy Wilson, he was entitled to possession of a “certain motor vehicle.” He alleges that Defendant intentionally and substantially interfered with his property by “fraudulently and by means of forgery taking possession and title to the vehicle and preventing Plaintiff from having access to the vehicle, and refusing to return the vehicle. Plaintiff did not ...

Excerpt: ...tion of Business & Professions Code § 17200. Plaintiff alleges that Defendant owns psychiatric facilities and that non‐moving Defendants Okechukwu Nwangburkua and Iheoma Nwangburkua were owners, officers and managing agents. (Comp. ¶ 15.) Plaintiff alleged that he worked as the CEO and that as part of his employment agreement, in addition to his $150,000 salary, he was to be paid $36,000 per year for each additional facility that he opened or...

Excerpt: ...es between August 7, 2016 and July 27, 2018 or the date the Court approves the settlement, whichever is earlier. The PAGA claims were premised on six alleged violations of Labor Code (e.g., failure to pay wages, failure to provide meal and rest breaks, failure to provide itemized wage statements). Approximately 323 employees suffered the alleged Labor Code violations during the relevant period. Plaintiff calculated Flowmaster's maximum potential ...

Excerpt: ...before the Labor Commissioner, this court entered a judgment in the amount of $50,578.61. On 6/04/18, Taylor filed a memorandum of costs, and WellSpace filed this timely motion to tax. (See Lab. Code § 98.2(k) [“The judgment creditor […in an action on a complaint with the Labor Commissioner], is entitled to court costs and reasonable attorney's fees for enforcing the judgment that is rendered pursuant to this section”].) In ruling upon a m...

Excerpt: ...and 67 requests for admissions. Madden argues the discovery is excessive, duplicative, beyond the scope of discovery and unduly burdensome. The motion is supported by the Ritchey Declaration, in which counsel purports to authenticate several exhibits. The exhibits, however, are not attached. Madden's failure to file exhibits that it contends substantiate the motion is grounds for a denial. But even if Madden had filed a complete version of the mo...

Excerpt: ...but defendant never made any payments on these bills which were subsequently assigned by SCIF to plaintiff for collection. Plaintiff now moves for summary judgment/adjudication on its two causes of action on the grounds that plaintiff has established each element of its causes of action and defendant has no defense. The Court finds that plaintiff has satisfied its initial burden under Code of Civil Procedure §437c(p)(1), which thereby shifts the...

Excerpt: ...urrer of defendants The Regents of the University of California (“Regents”), Tony Lai, M.D. (“Dr. Lai”), Alla Blinder, D.O. (“Dr. Blinder”) and Paul Kreis, M.D. (“Dr. Kreis”) (collectively “Defendants”) to the Second Amended Complaint (“2AC”) is OVERRULED in part and SUSTAINED in part, without leave to amend, as follows. *** If oral argument is requested in an attempt to obtain leave to amend, plaintiff shall be prepared t...

Excerpt: ...on against HMA: (1) violation of the Song Beverly Act (Civil Code § 1770 et seq.); (2) fraudulent concealment; and (3) fraudulent inducement. HMA demurs again to the second and third causes of action. The demurrer is sustained without leave to amend on the basis that the second and third causes of action fail to state facts sufficient to state a cause of action against HMA. (CCP § 430.10(e).) The demurrer is sustained for the reasons stated in ...

Excerpt: ...hat its settlement with Plaintiff Elk Grove Milling Inc. (Elk Grove) is in good faith. The settlement requires Airco to pay Elk Grove $67,500. It also requires Airco to cooperate with Elk Grove in the remaining litigation by (1) producing witnesses at deposition and/or trial without a subpoena, (2) providing nonprivileged information and documents not previously provided, and (3) producing employees at a meeting with Elk Grove's counsel, not to e...

Excerpt: ...ed a complaint against Defendant/Cross‐Complainant. Defendant/CrossComplainant then filed a cross‐complaint against subcontractors related to the claims in Plaintiffs' complaint. Plaintiffs and Defendant have asserted numerous claims of construction defects related to the homes. Capital installed and inspected drywall in 53 of the homes. Capital denies any liability but settled with Defendant/CrossComplainant for $26,500 (53 homes at $500...

Excerpt: ...orney against whom the sanction is sought, and specify the type of sanction sought.” Defendant Garzon has filed a statement of non‐opposition to this motion to compel his deposition, although he contends plaintiff's request for sanctions should be denied for various reasons. In light of the foregoing, plaintiff's motion to compel this deposition is granted. The parties shall meet‐and‐confer to find a mutually agreeable date, time and loca...

Excerpt: ...customers stopped using plaintiff's managed IT network services during the year defendant resigned. Plaintiff contends one customer was billed for services by defendant's new company while he was still employed by plaintiff. Defendant contends that he merely informed his customers that he had left employment with plaintiff and started his own company. Plaintiff contends that the identity of its customers is a trade secret, including their...

Excerpt: ...f patients' bill of rights against defendants Plum Healthcare Group, LLC and Oleander Holdings, LLC dba Sacramento Post‐Acute (collectively, “Defendants”). Plaintiffs filed their First Amended Complaint on March 22, 2016. Defendants filed a petition to compel arbitration on February 18, 2016, which this Court denied on April 6, 2016. Defendants appealed this decision and this matter was stayed on June 7, 2016, pending resolution of the appe...

Excerpt: ... to a Government or Law Enforcement Agency and Disability Discrimination. Plaintiff complained that her co‐ worker was using dirty scopes on patients and Dignity determined after investigation that plaintiff was not cleaning her scopes. Plaintiff alleges she was terminated due to her complaint and a physical disability. CCP 1987.1 provides: (a) If a subpoena requires the attendance of a witness or the production of books, documents, electronica...

Excerpt: ...rike is DENIED. If a party desires to receive the same relief as another party and files papers "joining" another party's motion, the court will not consider the papers to be a separate motion and will not grant relief to the party joining the motion unless that party has complied with all procedural requirements for the filing of motions, including payment of filing fees, proper notice, format of motion and method of service. (Sacram...

Excerpt: ...ted a written claim to the public entity. (Govt. Code sec. 905, 945.4.) For claims involving injury to a person, claims must be presented to the public entity within six months of the accrual of the cause of action Govt. Code sec. 911.2(a). Failure to present the claim is a bar to the cause of action. In other words, the Act requires the timely presentation of a written claim for money or damages directly to a public entity, and the rejection of ...

Excerpt: ...uction No. 1 is granted/denied as set forth below. Defendant left his employment with plaintiff in 2013 and started his own IT support firm. Plaintiff contends that eleven of plaintiff's current customers stopped using plaintiff's managed IT network services during the year defendant resigned. Plaintiff contends one customer was billed for services by defendant's new company while he was still employed by plaintiff. Defendant contends...

Excerpt: ...that she was never served on May 26, 2010 with the summons and complaint. The proof of service by the registered process server states that Defendant was served by substitute service at 812 Arthur Drive, West Sacramento. The person was served was Helen M. Lands, co‐defendant, who is described as her co‐ tenant and mother. (See Proof of service ROA No. 7) The return of process or notice, made by a registered process server (see California Busi...

Excerpt: ...nied. Defendant's Request for Judicial Notice is granted. Defendant's Objection to Evidence is sustained. In any event, the declaration is irrelevant to the issue to be decided in this motion. On May 24, 2018 the Court ordered that the request for $115,000 in damages in the FAC be stricken on a motion to strike. Although the Court could have merely deemed the language stricken from the FAC without the need for an Amended Answer, the Court...

Excerpt: ...009 and the default judgment entered on July 22, 2010 is denied. Plaintiff's Request for Judicial Notice is granted. Plaintiffs in this action sued defendant alleging substandard housing at a residence they rented from defendant at 8005 Sunset Avenue in Fair Oaks, California. A default judgment was obtained against defendant for the amount of $75,000 for each plaintiff, for a total of $150,000 at a default prove up hearing before the Hon. Kev...

Excerpt: ...eeks to set aside a default entered March 6, 2017 and a default judgment entered August 24, 2017 pursuant to CCP 473.5 and CCP 473(d). Pursuant to CCP 473.5, a party may move to set aside a default or default judgment within two years of the entry if they can establish that they had no actual notice of the lawsuit in time to file an Answer, even in cases where the substituted service was technically proper. Under CCP 473(d),"[t]he court may, ...

Excerpt: ...with her subsequent employer is GRANTED. CCP 1987.1 This is an employment action in which plaintiff alleges causes of action for Retaliation for Disclosure of Information to a Government or Law Enforcement Agency and Disability Discrimination. Plaintiff complained that her co‐worker was using dirty scopes on patients and Dignity determined after investigation that plaintiff was not cleaning her scopes. Plaintiff alleges she was terminated due t...

Excerpt: ...mplaint is denied. Plaintiff has filed a Third Amended Complaint on June 14, 2018 and defendant has a pending demurrer to that pleading, set for hearing on August 3, 2018. Thus, this motion is moot as it is addressed to an inoperative pleading. To be clear, an amendatory pleading supersedes the original one, which ceases to perform any function as a pleading. Thus, an amended complaint supersedes all prior complaints. The amended complaint furnis...

Excerpt: ... in Welfare & Institutions Code §15610.57)" (TAC, ¶64.) These phrases are included in the wrongful death cause of action. According to Regents, Plaintiff is improperly attempting to base her wrongful death cause of action on the elder abuse statute, when both are separate and distinct causes of action. Regent insists that Plaintiff is "redefin[ing]" the term "neglect" from its common understanding to the statutory Elder Abus...