Excerpt: ... of the documents. This matter was continued to allow defendant to file a Reply to the untimely Opposition. In this action, plaintiff's Second Amended Complaint alleges causes of action against defendants and numerous other entities and individuals for Negligence (1st), Breach of Contract and of the Covenant of Good Faith and fair Dealing (2nd), Fraud by Concealment (3rd), Quiet Title (4th), Negligent/Intentional Infliction of Emotional Distr...

Excerpt: ...ank”) demurrer to Plaintiff Janet Robinson's complaint is ruled upon as follows. Overview This is a Homeowners' Bill of Rights (“HBOR”) action. The named defendants are Clear Recon Corp. (“CRC”) and Bank. Plaintiff Janet Robinson alleges that in April 2006, she financed her property which was secured by a Deed of Trust (“DOT”). In early 2018, due to financial hardship, Plaintiff was unable to make timely mortgage payments. She alleg...

Excerpt: ...dants Caroline Kang, LLC dba Laguna Woods, RCFE (“Laguna Woods”), Caroline Kang and Francis Kang's (the “Kangs”)(collectively “Defendants”) demurrer to Plaintiffs' complaint is ruled upon as follows. Overview This is an Elder Abuse action. Decedent Christine Patton (“Christine”) was a resident a Laguna Woods, a residential care facility for the elderly (“RCFE”). Christine required help transferring in an out of her bed and whe...

Excerpt: ... of a corporation that provides pest control services. The corporation is Plaintiff Blizzard Pest Management, Inc. (BPM). The two BPM officers and directors are Plaintiff Samuel Wesley Blizzard (Blizzard) and Defendant William Raymond Rains (Rains). (The court refers to BPM and Blizzard as “Plaintiffs.”) In their complaint, Plaintiffs allege that Blizzard and Rains each own 50% of BPM's shares. Plaintiffs are suing Rains and Rains' recently f...

Excerpt: ...ary 14, 2019. The Clerk shall fax a copy of the tentative ruling to the litigation coordinator. The litigation coordinator shall provide the tentative ruling to Plaintiff Frank Lee Dearwater, Appearance is required on January 14, 2019. Plaintiff Frank Lee Dearwater shall be available by COURTCALL, to participate in oral argument on the continuance date. The Court previously issued a tentative ruling sustaining Defendant's demurrer without leave t...

Excerpt: ... competing declarations regarding the meet and confer efforts which are confusing at best and they seem to be arguing about what was discussed and whether any agreement was reached. The Court was unable to determine exactly what, if anything, was resolved by the meet and confer efforts. The Court notes that the demurrer indicates that Cross‐Defendant concurrently filed a special motion to strike pursuant to CCP § 425.16 with respect to the fir...

Excerpt: ...lemental briefing in response thereto. Factual and Procedural Background Petitioner Parker Turner Albright, PC, a law firm, (“PTA”) was formed in April 2017. Attorneys Marcus Turner and Port Parker each hold a 50% shareholder interest in PTA. Michelle Albright jointed PTA as a named partner, but is not a shareholder. On December 29, 2017, Respondent Port Parker (“Parker”) executed and served a Written Consent to Dissolve, authorizing the ...

Excerpt: ...led via a successful motion summary judgment. WFB now seeks attorney fees pursuant to Civil Code § 1717 related to the litigation of this case. Plaintiff filed a similar fee motion in March 2018, which this Court denied without prejudice. In that minute order, the Court concluded that while it found the hourly rate charged by Plaintiff's counsel to be reasonable, but denied the motion on the grounds it was unable to determine whether counsel had...

Excerpt: ...ACTS According to Plaintiffs' Complaint, this matter is based on an underlying lawsuit in this Court. In that case, Case No.34‐2009‐00067457, Plaintiff Edward J. Broussard, Sr., filed suit against Cambridge (Natomas) LP and Cambridge Communities, LLC, seeking damages related to defective construction of nine houses in the Northpointe Park, Village 31 subdivision. After several amendments to the Complaint in the underlying case, there were 33 ...

Excerpt: ...ses liability) and negligence per se against numerous defendants in connection with injuries she sustained when she fell off a sidewalk at a Rite Aid. Defendants' separate statement includes the following. In 2007, Thrifty Payless, Inc. dba Rite Aid (“Thrifty”) approached PDC to develop a Rite Aid at 9260 Elk Grove Boulevard (the “Property”). PDC received final approval for plans, specifications and conditions from the City of Elk Grove o...

Excerpt: ...that Defendants are liable on theories of negligence and premises liability. Defendants move for summary judgment on the ground that the lip in the sidewalk was a “trivial defect” and, therefore, they had no duty to repair it. (See Stathoulis v. City of Montebello (2008) 164 Cal.App.4th 559, 567 [“trivial defect” is not an affirmative defense, but rather is an aspect of the landowner's duty that the plaintiff must plead and prove].) To su...

Excerpt: ...e underlying transaction between the parties concerned a loan to Defendants Mariya Chkuaseli and Durmishkhan Chkuaseli's business CargoTek which they personally guaranteed. Defendants argue that the sister state judgment from New York was premised on a confession of judgment which did not comply with due process and was not a knowing, voluntary and intelligent waiver of constitutionally required notice and a hearing before entry of judgment again...

Excerpt: ...y 28, 2016 hearing with respect to a dispute between VSP and Respondent Gordon Epstein, O.D. regarding VSP's decision to terminate its contract with Dr. Epstein and seek restitution based on improper claims submitted and paid by VSP. The parties entered into a network doctor agreement (“NDA”) which contained a “Fair Hearing” provision which provided that in the event of a dispute as to any discipline imposed against a Network Doctor, the ...

Excerpt: ...a Department of Motor Vehicles (“Respondent”) and operated by one of the Respondent's employees. Petitioner is an immigrant from India, speaks limited English, and has a limited understanding of the American justice system. (Laskin Decl. ¶ 4.) Following the collision, Petitioner retained the services of the Mann Law Firm. (Kaur Decl. ¶ 4.) She forwarded all communications addressed to her to her attorney at the firm. (Kaur Decl. ¶ 5.) In o...

Excerpt: ...s 1‐4, 8‐9, 12‐14, and 21‐26, is ruled upon as follows. In this slip‐and‐fall personal injury action, Plaintiff alleges she fell and injured her right knee on April 8, 2017, at the Target store located at 1919 Fulton Avenue, Sacramento, California. Plaintiff's alleged injury to her right knee required surgical repair. Plaintiff alleges the fall was caused by rain water tracked in from outside and that the store negligently failed to p...

Excerpt: ... oral argument must still be made by 4:00 p.m. on Tuesday, 12/18/2018. Defendant CAPPO Management XXIX, Inc. dba Harrold Ford's motion to compel arbitration is ruled upon as follows. Overview In this action, Plaintiffs Margaret Campana (“Campana”) and Dianna Brock (“Brock”) (collectively “Plaintiffs”) are suing their employer for various Labor Code violations for unpaid overtime compensation; failure to pay compensation for forfeited ...

Excerpt: ...ected to contact opposing counsel and advise him/her of Local Rule 1.06 and the court's tentative ruling procedure and the manner to request a hearing, along with the correct address for Dept. 53/54. 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. Moving counsel failed to comply with CRC Rule 3.1110(b)(3)‐(4). Opposing counsel failed to compl...

Excerpt: ... noticed over 70 depositions, the notices of which contain 774 requests for production of documents, all within a short period of time. During this same time‐frame, Plaintiff also served 5 sets of discovery on Sacramento Post‐Acute (including form interrogatories, special interrogatories, requests for production of documents, and requests for admission), two sets of discovery to Plum Healthcare Group, LLC, and initial discovery to the five de...

Excerpt: .... *** Plaintiff Dene Starks' motion to compel further responses to Special Interrogatories and Inspection Demand is ruled upon as follows. This is a putative class action for race and sex discrimination, failure to prevent and various violation of the Labor Code. Plaintiff proposes the following two subclasses: (a) persons in the employ of Nationwide in California as Commercial Underwriters whom Nationwide misclassifies as exempt from June of 201...

Excerpt: ..., he was in a car accident with another vehicle which resulted in a total loss of his vehicle. Plaintiff alleges that UFCC wrongfully determined that there was no coverage for the damage. UFCC explained that it denied coverage “[s]ince the purpose of the use of the vehicle at the time of the loss [was] ‘to carry persons or property for compensation or a fee' as indicated by the [Lyft] app's ‘on' status, this exclusion applies regardless...

Excerpt: ... request for oral argument must still be made by 4:00 PM today. (See Local Rule 1.06.) ** This is a putative class action. Plaintiff Michael Smith, individually, and on behalf of all others similarly situated, alleges that they are “individual gamers who have been deceived into making in‐game purchases of deceptively marketed in‐ game items in Defendant's immensely popular games Overwatch and Hearthstone. Defendant contends that Plaintiff a...

Excerpt: ...ment/adjudication, without prejudice, to allow Plaintiffs an opportunity to amend the complaint. The parties shall appear and be prepared to discuss with the Court. No trial is scheduled. This is an action for personal injuries arising from a motor vehicle accident. Plaintiffs are Derrick Raible (“Raible”) and Donovan Caudill (“Caudill”) (collectively “Plaintiffs”). Raible is represented by counsel and has filed an opposition to the m...

Excerpt: ...Code of Civil Procedure section 439. Section 439 provides that "(a) [b]efore filing a motion for judgment on the pleadings pursuant to this chapter, the moving party shall meet and confer in person or by telephone with the party who filed the pleading that is subject to the motion for judgment on the pleadings for the purpose of determining if an agreement can be reached that resolves the claims to be raised in the motion for judgment on the ...

Excerpt: ...plaint against Defendant and others. Plaintiff alleges causes of action against Defendant for invasion of privacy, public disclosure of private facts, false light, and IIED. The causes of action against Defendant arise out of allegations that Defendant wrongfully accessed Plaintiff's medical records and publicized certain information from the records. Plaintiff contends that he was going through a divorce and child custody dispute with Ivy Ro...

Excerpt: ... Plaintiffs' Request for Judicial Notice of the court order granting a Limited Judgment Appointing Guardian Conservator for Roy Masters is granted. Defendants' Evidentiary objections are overruled. Defendants seek and order quashing the service of summons in this action for lack of personal jurisdiction pursuant to Section 418.10(a)(1) of the Code of Civil Procedure. Defendants contend that this Court does not have personal jurisdiction o...

Excerpt: ...e DOC she contends was the basis for its retaliation. (Sanders decl. Ex. A.)" In order to issue the requested order, the Court must find that there is an overriding interest to support the sealing of these records; that there is a substantial probability that the parties' interest will be prejudiced absent sealing; that the proposed sealing is narrowly tailored to serve the parties' interest; and that there is no less restrictive mean...

Excerpt: ... and costs finding that the Receiver's fees and expenses should be borne by the Receivership estate or Grange as originally ordered, and that the Grange may then seek award of the fees and expenses as costs of enforcement of the judgment pursuant to CCP § 685.070 et seq. The Grange has brought such a motion. Rather than file an opposition to that motion, the Guild has filed a motion to strike/tax the receivership costs sought by the Grange. This...

Excerpt: ...his is a FEHA case. Plaintiff Angela Henao (Henao) alleges that the County discriminated against her based on disability and failed to accommodate her with another position. As she did in her second amended complaint (SAC), Henao contends in the TAC that the County's Accommodation Transfer List (ATL) was part of the problem. In the SAC, Henao leveled the following allegations: Further, in violation of FEHA, Defendant County refused to provide any...

Excerpt: ...d to timely pay wages to aggrieved employees upon termination/resignation in violation of Labor Codes §§ 201 and 202. Plaintiff seeks penalties under PAGA. Defendant has filed a four page motion to strike the PAGA claims in the complaint on the basis that the Court would be required to conduct individualized inquiries with respect to the Labor Code § 226.7 claim, which would render the claim unmanageable. Defendant argues that it had a written...

Excerpt: ...compete with Plaintiffs. Plaintiffs filed their complaint on March 9, 2018, alleging causes of action for: (1) violation of Penal Code § 502, (2) violation of the Uniform Trade Secrets Act (the “UTSA”), (3) common law misappropriation of trade secrets, (4) unfair competition, (5) conversion, (6) breach of contract, and (7) breach of fiduciary duty. Plaintiffs attempted to file a first amended complaint but it was rejected because an answer w...

Excerpt: ...3230 Broadway, Sacramento, California 95817. The property consists of a two‐story, multi‐tenant building with five commercial units and four residential apartments. On July 13, 2017, Plaintiff and defendants Vicki A. Pfingst and Angela Saldivia (collectively, “Defendants”) entered into a Commercial Property Purchase Agreement for the sale of commercial real property located at 3230 Broadway for $775,000 (the “Purchase Agreement”). In ...

Excerpt: ...vil Code § 1812.701(b) by sending a collection letter that failed to provide the requisite Consumer Collection Notice in a type size that was at least the same type‐size as that used to inform the consumer of the specific debt, or in at least 12‐point type. The Court ultimately granted Defendant's motion for summary judgment as to Plaintiff's individual claim, finding that Defendant had cured the violation under Civil Code § 1788.30(d) and ...

Excerpt: ...udd alleges that CTC acted as the escrow agent on the transaction. Judd alleges that he invested $150,000, which was deposited into escrow, to fund the property's rehabilitation. In exchange, he was promised a promissory note, a second trust deed and a right to share in any profit once the property was resold. Another investor funded the property's purchase for rehabilitation, and that investor received the first trust deed. Judd alleges that an ...

Excerpt: ...n Butte County and on 7/22/2014, plaintiff filed a First Amended Complaint (“1AC”) which asserted two causes of action for disability discrimination and violation of the California Whistleblower Protection Act at Government Code §8547 et seq. (“CWPA”) based on her employer's 2011 decision to require plaintiff to report to work in Sacramento rather than continue working from her home in Chico, which plaintiff insists was a reasonable acco...

Excerpt: ...ts Mercy Housing California XXVI, LP's and Mercy Housing Management Group, Inc.'s motion to strike Plaintiff's alter ego allegations and punitive damages as to Mercy Housing California XXVI, LP. The Court denied the motion to strike punitive damages allegations as to Mercy Housing Management Group, Inc. Moving Defendants were added to the action after being identified as Doe Defendants. The Fourth Amended Complaint simply alleged that the Defenda...

Excerpt: ... discrimination based on national origin, retaliation in violation of Labor Code §98.6 and §1102.5, defamation, failure to prevent discrimination, and wrongful termination. Defendant EHC now moves to strike the punitive damages allegations from the complaint on the grounds that plaintiff has failed to plead facts sufficient to establish the requisite malice, fraud or oppression and sufficient to satisfy the requirements of Civil Code §3294(b) ...

Excerpt: ...ng business day, a legal brief no greater than eight (8) pages in length that addresses the following issues: Without expressly identifying which cause(s) of action in the complaint constitute "real property claims" under CCP § 405.4, the parties appear to assume that the breach of contract cause of action for damages qualifies as such a claim. The court questions whether the breach of contract cause of action, the other damages causes o...

Excerpt: ...arriott Sacramento Rancho Cordova's (“Defendant”) property on November 3, 2017. Plaintiff filed her complaint on May 8, 2018, alleging claims for general negligence and premises liability. Plaintiff seeks damages including medical expenses, general damages, wage loss, and loss of earning capacity. On September 26, 2018, Defendant served Bank of America, Plaintiff's current employer, with a subpoena to produce the following: “Any and all emp...

Excerpt: ...sfied." (Salveter v. Salveter (1936) 11 Cal.App.2d 335, 337.) Defendant's request for costs in the amount of $60 is granted and is to be added to the prior judgment of costs of $465 previously entered on October 19, 2016. After plaintiff initially obtained a judgment on January 18, 2012, it was set aside pursuant to defendant's CCP 473.5 motion on January 23, 2014. (See minute order Department 53, January 23, 2014.) After plaintiff fa...

Excerpt: ...ber 10, 2018. The Court will consider the grant of a brief continuance of this motion at defendant's request, if necessary, so that they can respond to the evidence presented in this late supplemental declaration. Defendants' Request for Judicial Notice is granted. Plaintiff filed the Complaint on June 5, 2015. This action arises out of an automobile accident that occurred on June 6, 2013. Mission Courier was not served until December 15,...

Excerpt: ...Inc., is also named as a defendant. The causes of action asserted in the case included: (1) failure to pay minimum wages for all hours works, (2) failure to provide rest breaks, (3) failure to indemnify for all expenses, (4) failure to provide accurate itemized written wage statements, (5) unfair competition, and (6) Civil Penalties [under PAGA]. Defendants denied all of Plaintiff s allegations, and alleged that Plaintiff and putative class membe...

Excerpt: ...ng 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. *** Defendants Francolin, LLC dba Soaring Oaks RCFE, Francis Kang, and Colin Kang's (collectively “Defendants”) motion for summary adjudication is ruled upon as follows. I. Overview This is an Elder Abuse action. The decedent Josephine Boykin ("Josephine") was a 94 year ...

Excerpt: ...aintiffs allege Defendants engage in the "illegal practice of dumping vulnerable nursing facility residents into hospitals." (Third Amended Complaint (TAC) ¶ 1.) .) Plaintiffs allege the California Department of Health Care Services ("DHCS") ordered Pioneer House to readmit Gloria Single after plaintiff was "dumped" at Sutter Medical Center on an involuntary hold. (TAC ¶¶ 6‐7.) Defendant contends that they are not in ...

Excerpt: ...t Isabella Garcia (“Garcia”) dba Alliance Financial's (“Alliance Financial”) (“Defendant”) demurrer to Plaintiff Arthur Dockter's complaint is ruled upon as follows. Defendant's request for judicial notice is granted. In taking judicial notice of these documents, the court accepts the fact of their existence, not the truth of their contents. (See Professional Engineers v. Dep't of Transp. (1997) 15 Cal.4th 543, 590; Steed v. Departmen...

Excerpt: ... Procedure § 430.41(a). Such declaration was filed on 11/16/18. Defendant's request for judicial notice, which attaches an unpublished federal case, is unopposed and is granted. Neither published nor unpublished federal district court opinions are binding precedent on this court, although they may be persuasive. (Futrell v. Payday California, Inc. (2010) 190 Cal.App.4th 1419, 1432, fn. 6; Landmark Screens, LLC v. Morgan, Lewis, & Bockius, LLP (2...

Excerpt: ... she had an uninsured motorist policy with Defendant and that Defendant is liable to Plaintiff resulting from Doe 1's conduct. Plaintiff alleges a negligence cause of action against Defendant. Defendant demurs on the ground that FAC fails to state sufficient facts because pursuant to Insurance Code §11580.2 the action must be referred to arbitration. Ins. Code §11580.2 concerns uninsured/underinsured motor vehicle coverage. Subdivision (f) prov...

Excerpt: ...nform the Department 54 Clerk of the same when oral argument is requested pursuant to Local Rule 1.06. In the alternative, Department 54 will honor requests to continue hearings scheduled for 12/12/18 so that parties desiring oral argument may obtain court reporting services through the Court's normal channels. (See Local Rule 1.12.) No hearings, however, will be continued to any date from 12/24/18 through 1/04/19. Any party seeking a continuance...

Excerpt: ...artment 53 Clerk of the same when oral argument is requested pursuant to Local Rule 1.06. In the alternative, Department 53 will honor requests to continue hearings scheduled for 12/12/18 so that parties desiring oral argument may obtain court reporting services through the Court's normal channels. (See Local Rule 1.12.) No hearings, however, will be continued to any date from 12/21/18 through 1/07/19. Any party seeking a continuance must first m...

Excerpt: ...ument is requested pursuant to Local Rule 1.06. In the alternative, Department 54 will honor requests to continue hearings scheduled for 12/12/18 so that parties desiring oral argument may obtain court reporting services through the Court's normal channels. (See Local Rule 1.12.) No hearings, however, will be continued to any date from 12/24/18 through 1/04/19. Any party seeking a continuance must first meet and confer with opposing counsel (or t...

Excerpt: ... argument is requested pursuant to Local Rule 1.06. In the alternative, Department 54 will honor requests to continue hearings scheduled for 12/12/18 so that parties desiring oral argument may obtain court reporting services through the Court's normal channels. (See Local Rule 1.12.) No hearings, however, will be continued to any date from 12/24/18 through 1/04/19. Any party seeking a continuance must first meet and confer with opposing counsel (...