Excerpt: ...onfer with Plaintiff's counsel via e‐mail only. Defendant's counsel sent a single e‐mail to Plaintiff's counsel requesting Plaintiff to stipulate to removing the claim for punitive damages. Plaintiff's counsel promptly responded declining the request “for the reasons set forth in [the] opposition to [Defendant's] Motion to Strike.” The Court is unclear why Defendant's counsel did not comply with the Court's order and CCP § 435.5, which s...

Excerpt: ...y 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 over defendants Roy Masters and Alan Masters because said defendants do not have minimum contacts with this state. This action involves a claim by Plaintiffs David Masters and The...

Excerpt: ...tive PAGA action complaint against defendant Progressive Transportation Services, LLC (“Defendant”) on behalf of himself and Defendant's current and former truck drivers classified as independent contractors. Plaintiff asserted a single cause of action under PAGA, alleging a variety of Labor Code violations stemming from Defendant's alleged failure to properly classify these individuals as employees. Plaintiff has a concurrent motion for leav...

Excerpt: ... an order granting preliminary approval of class action settlement, thereby preliminarily approving the terms of the settlement, certifying the class for purposes of settlement only, appointing Plaintiff as class representative, appointing Plaintiff's counsel as class counsel, and preliminarily approving ILYM Group, Inc. as the settlement administrator. By this motion, Plaintiff now seeks final approval of: (1) awarding class counsel's attorneys'...

Excerpt: ...escission under her UCL claim and Plaintiff's conclusory claim for punitive damages in her prayer for relief. Under section 436, the court may “[s]trike out any irrelevant, false, or improper matter inserted in any pleading” as well as “all or part of any pleading not drawn or filed in conformity with the laws of this state.” (Code Civ. Proc, § 436, subds. (a) and (b).) Plaintiff's third cause of action for violation of the UCL reque...

Excerpt: ...utside the pleading that are judicially noticeable. Blank v Kirwan (1985) Cal.3d 311, 318. Plaintiff, a Human Services Specialist who is African American, alleges the following causes of action against County arising out of an incident in which plaintiff found a flyer on her desk with the letters "KKK" written on the back: 1st cause of action Race Discrimination, 2nd cause of action Harassment, 3rd cause of action Failure to Prevent Haras...

Excerpt: ...f member. Plaintiff, who served as the Legislative Director for Mendoza, was told she was terminated from employment on September 22, 2017, along with Mendoza's chief of staff Eusevio Padilla and his scheduler, Stacy Brown. Plaintiff alleges that at this meeting she discussed the complaints of Mendoza's sexual harassment with Oropeza, the head of Senate Human Resources. After being handed the termination letter, she told Oropeza that :...

Excerpt: ...C and SAC. Defendant Select Portfolio Servicing, Inc. ("SPS") is the loan servicer. On December 18, 2017, a Notice of Default ("NOD") was recorded. A balance of $117,579.25 is owed on the loan. Plaintiff alleges that earlier in 2017 moving party interfered with her efforts to get relief from the "Keep Your Home California" ("KYHC") principal forgiveness program with regard to her property located at 9980 Wyland Dri...

Excerpt: .... Instead, Defendant offered Plaintiff $3,500, which Plaintiff rejected. Plaintiff then retained The Knight Law Group (“KLG”). KLG then associated in as co‐counsel Bryan Altman of The Altman Law Group (“ALG”). Plaintiff filed the action on April 12, 2016. On September 22, 2016, Plaintiff accepted Defendant Hyundai Motor America's CCP §998 offer (“Offer”) in the amount of $68,138.06. Pursuant to the Offer Defendant agreed that it wo...

Excerpt: ... plaintiff's health, strength and activity, sustaining injury to plaintiff, and shock and injury to plaintiff's nervous system and person, all of which said injuries have caused and continue to cause plaintiff severe emotional distress and nervous pain and suffering, in an amount to be determined and according to proof at trial.” (First Amended Complaint, ¶ ¶ 13, 16, 21, 25, 32, 39.) In its notice of motion and motion, Defendants explain: The...

Excerpt: ...ction was initiated on June 21, 2016 and alleges a date of injury of August 6, 2014 (Complaint, ¶ 5). Plaintiffs filed an action against Hyatt alleging they suffered personal injuries when one of the elevators fell several floors and became stuck between two floors. Hyatt seeks to adjudicate the 6th and 7th causes of action in its First Amended Cross‐complaint. Hyatt contends that the express indemnity clause in the parties' agreement requ...

Excerpt: ...re are two named plaintiffs, Jimboy's Marketing, Inc. ("JMI") and BGI. BGI is the only moving party. Plaintiffs allege that for many years, JMI acted as an area franchisor for Jimboy's Tacos restaurants under a Master Franchise Agreement with non‐party Jimboy's Tacos, Inc. Opposing Defendant Jimboy's North America ("JNA"), is the successor to Jimboy's Tacos, Inc. In 2012, JMI and JNA entered into a Transition...

Excerpt: ...e equitable powers of the court to remedy extrinsic fraud in service. Civil Code section 1788.61 provides: (a)(1) Notwithstanding Section 473.5 of the Code of Civil Procedure, if service of a summons has not resulted in actual notice to a person in time to defend an action brought by a debt buyer and a default or default judgment has been entered against the person in the action, the person may serve and file a notice of motion and motion to set ...

Excerpt: ...served by posting if upon affidavit it appears to the satisfaction of the court in which the action is pending that the party to be served cannot with reasonable diligence be served in any manner specified in this article other than publication and that: (1) A cause of action exists against the party upon whom service is to be made or he is a necessary or proper party to the action; or (2) The party to be served has or claims an interest in real ...

Excerpt: ...ndant the California Grange Foundation's (“Foundation”) motion for judgment on the pleadings is ruled upon as follows. Overview This case arises indirectly from a dispute between a national fraternal organization ("National Grange") and individuals formerly operating its subordinate, constituent unit in plaintiff the California State Grange. On April 5, 2013, the National Grange revoked the State Grange's charter and restored it, ...

Excerpt: ...e of requesting oral argument. Plaintiff's Notice of Motion and Motion for Preliminary Approval of Class Action Settlement is unopposed and is granted, as set forth below. Plaintiff Takeese Williams ("Plaintiff") seeks preliminary approval of the Joint Stipulation of Class Action and PAGA Settlement and Release ("Settlement," "Agreement," or "Settlement Agreement") entered into by and between Plaintiff, individ...

Excerpt: ...es 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 alleges that she contacted “Defendants” for foreclosure alternatives. However, “Defendants” were nonresponsive, nor did they provide a contact for Plaintiff to speak to regarding a loan modification or other foreclosure alternatives. When Pla...

Excerpt: ... in Department 53 instead of Department 54. As a result of the error, defense counsel was not permitted to argue in Department 54 on 10/15/18, and the tentative rulings automatically became the court's orders. In the interests of justice, defense counsel will be permitted to appear for oral argument. The tentative ruling on Plaintiff's motions to strike supplemental witness designation and to quash deposition notice is reprinted below and...

Excerpt: ...sting oral argument. Defendant Derek Taggard, M.D.'s Motion for Leave to File an Amended Answer to the Complaint is granted. Plaintiff John William Rose, III filed the instant complaint 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 acc...

Excerpt: ...aring date chosen at the time of requesting oral argument. Defendant Raley's Demurrer to the First Amended Complaint of Plaintiffs Alysse Maryland and Sharona Voyles Broughton is sustained as follows: Plaintiffs filed their initial Class Action Complaint on April 9, 2015 seeking to represent a class of pregnant store employees beginning on April 9, 2011, four years prior to the date of filing. (Compl. ¶¶ 4, 42.) On July 18, 2018, Plaintiffs...

Excerpt: ...ining dispute is request no. 14. Request no. 14 states: “Any and all DOCUMENTS, including but not limited to drafts, notes, memoranda, hand‐ written or typed, e‐mails, or text messages, that PERTAIN TO the September 17, 2014, Faculty Meeting. (Names may be redacted to protect third‐party privacy.)” Defendant served objections to the notice of deposition, which included objections based on attorney‐client privilege, attorney‐work pro...

Excerpt: ...ctions after this ruling becomes final. Plaintiff Adriane Johnson alleges claims for employment discrimination, harassment, retaliation, and related claims against Regents and her boss, individual defendant Vincent Johnson. Because the plaintiff and defendant share the same last name, the ruling will refer to them as Adriane and Vincent, respectively. Adriane's First Amended Complaint ("FAC") alleges claims for hostile work environmen...

Excerpt: ... a $139,500 secured loan made by New Century Mortgage Corporation to plaintiff Roddie McElhaney (“Plaintiff”) on May 23, 2003. The Deed of Trust was assigned to defendant U.S. Bank on June 10, 2013. On November 1, 2011, defendant Ocwen began servicing the loan. Between late 2011 and 2013, Plaintiff failed to make timely mortgage payments on multiple occasions, and refused to pay certain fees imposed in connection with her failure to obtain ha...

Excerpt: ... consider the Moua Declaration filed in opposition to this demurer since such extrinsic evidence is beyond the permissible scope of a demurrer, where the court's consideration is limited to those facts alleged in the challenged pleading and those for which judicial notice is both requested and granted. Factual Background This action arises out of a commercial construction site injury whereby a worker fell through the roof and died. Plaintiffs are...

Excerpt: ...tion does not comply with Code of Civil Procedure §1010 or CRC Rule 3.1110(a). Plaintiff failed to comply with CRC Rule 3.1110(b)(3)‐(4). The court notes that plaintiff paid only one $60 filing fee in connection with these motions, although it seeks at least two (2) different orders (i.e., reconsideration/clarification and a stay of enforcement). A separate filing fee is required for each. (Gov. Code §70617(f).) No later than 11/16/2018, plai...

Excerpt: ...is lawsuit to stifle competition. Plaintiffs contend Defendant was named in the Complaint only in the Unfair Business Practices cause of action for having allegedly conspired with Allen and Novak to unfairly compete with AdverMail and ClickSmart by diverting customers and funds away from the companies. Goldsmith contends he was named in each cause of action, including the 2nd cause of action for violation of the Uniform Trade Secrets Act, at Civi...

Excerpt: ...ng, M.D. pursuant to CCP § 425.13. Plaintiff alleges that she is a breast cancer survivor who underwent reconstructive breast surgery on February 1, 2016 to address her double mastectomy after a series of consultations and treatment with Dr. Wong. She claims that she was prepared for and counseled to receive implants of a certain size and authorized and consented to Dr. Wong implanting those specific implants. She claims that while she was uncon...

Excerpt: ... is GRANTED. The discovery and motion cut‐offs are RESET based on the existing trial date of 3/4/2019. Crisan commenced this employment action in April 2014. (Because the matter was transferred to this county from Butte County Superior Court, the Sacramento County Superior Court case no. indicates 2015 instead of 2014.) Crisan filed the first amended complaint (FAC) in July 2014. The causes of action in the FAC were disability discrimination un...

Excerpt: ... aiding and abetting a FEHA violation, harassment and failure to prevent harassment, and IIED. The Court overruled Defendant's previous demurrer to the first through fourth causes of action and sustained the demurrer as to the fifth and seventh causes of action for harassment and IIED. The Court overruled the demurrer to the sixth cause of action for failure to prevent to the extent it was premised on a failure to prevent discrimination and retal...

Excerpt: ...cramento River Cats' manager of the visitor clubhouse during the 2014 and 2015 baseball seasons. Plaintiff alleges causes of action for, among other things, race discrimination and harassment, retaliation, wrongful termination, failure to pay wages, and failure to provide meal and rest periods. Plaintiff noticed and took the deposition of Wayne Williams. Plaintiff's counsel also represents Williams and he brought suit against Defendant in another...

Excerpt: ... Larry Stauffer's diagnosis of and resulting death from lung cancer following over 40 years of employment with Defendant. Defendants' motion for summary judgment and alternative motion for summary adjudication are DENIED as follows. Request for Judicial Notice Defendant's request for judicial notice is unopposed and granted. Factual Background Decedent Larry Stauffer (“Stauffer”) worked as a conductor/brakeman for Defendant for over 40 years ...

Excerpt: ...�) is SUSTAINED in part and OVERRULED in part. Overview This case presents a hybrid business dispute and attorney‐client dispute. Plaintiff Eric White's (White) first amended complaint (FAC) contains allegations that Burton misused his position as legal advisor to engage in self‐dealing. White alleges that the other Attorney Defendants abetted the scheme. Although the allegations describe a somewhat intricate series of transactions involving ...

Excerpt: ...equent September 25, 2018, Order that Wong respond to Mand's requests for production by October 10, 2018. On August 6, 2018, this Court granted Mand's unopposed motion to compel responses to request for production of documents, set one. Wong was ordered to serve verified responses, without objections, to the discovery by August 20, 2018. Wong did not serve verified written responses. (Barrett Decl. ¶ 2.) Mand then filed a motion for terminating ...

Excerpt: ...tes (collectively, “Defendants”) demurrer to plaintiff in pro per Judi Lynn Price's First Amended Complaint (“FAC”) is SUSTAINED with leave to amend. The Court declines to consider Plaintiffs' "surreply" filed on November 5, 2018. There is no provision in the Code of Civil Procedure allowing for such a filing. Plaintiff filed her complaint on March 7, 2018, alleging a single cause of action for medical malpractice against Defe...

Excerpt: ...4/18 plaintiff Taylor filed a memorandum of costs claiming attorney fees in the amount of $6,164 and costs of $137 pursuant to Labor Code §98.2(k), providing that a judgment creditor in an action on a complaint with the Labor Commissioner is entitled to court costs and reasonable attorney's fees for enforcing a judgment rendered pursuant to this section. WSH thereafter filed a motion to tax the fees and costs, which was ultimately granted on 7/3...

Excerpt: ...l Rule 1.06(d) nor provides adequate notice of the tentative ruling system.) Moving counsel is directed 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. 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. The notice of motion also does not comply with C...

Excerpt: ...ting time penalties, gratuity violations, unfair business practices, and PAGA. Plaintiff seeks to represent a putative class of all persons who worked for Defendant as a poker dealer during the statutory period. This action has not yet been certified. Plaintiff contends that two days after being served with the Summons and Complaint, Defendant obtained general releases from approximately 201 of its employees (including 53 of the 73 Poker Dealers ...

Excerpt: ...ion. Thus, Weaver is now the only opposing party. Weaver's request for judicial notice of court documents is GRANTED. Overview This is Airco's second motion for good faith settlement. In its ruling on Airco's first motion, the Court rejected most of EFEE's and Weaver's arguments in opposition to the motion. The Court, however agreed with EFEE and Weaver that Airco's failure to assign values to its obligation to cooperate with, and ass...

Excerpt: ...to strike punitive damages must be denied for the same reasons the demurrer was overruled. See, e.g. Johnson v. Ford Motor Co. (2005) 35 Cal. 4th 1191. Fraud is a cause of action which provides a basis for punitive damages. Civil Code § 3294. The notice of motion does not provide notice of the Court's tentative ruling system as required by Local Rule 1.06(D). Defendant's counsel is directed to immediately provide notice to Plaintiffs' counsel of...

Excerpt: ...Courtney Lee Shinn's demurrer to Plaintiff Edith Montanez's first amended complaint (“FAC”) is ruled upon as follows. Defendant's request for judicial notice is granted with the exception of Exhibits O and P (Google search results for the terms “cleanouts” and “cleanout inspection.”) In taking judicial notice of the recorded land documents, the court accepts the fact of their existence, not the truth of their contents. (Herrera v. Deu...

Excerpt: ...in which Plaintiff alleges common counts including account stated and money lent. On December 16, 2016Defendant Ruth A Schafer (“Defendant” or “Schafer”) filed a form Answer, which included a box that was checked so as to reflect a general denial. On July 5, 2018, the Court granted Plaintiff's unopposed motion to have its requests for admissions deemed admitted as against Defendant. When the moving party is the plaintiff, there is only on...

Excerpt: ...�) Motion for Summary Judgment Or In The Alternative Summary Adjudication is DENIED. This action arises from a real estate transaction. Pro per Plaintiff Carole Clarke (“Plaintiff”), and her husband Brian Clarke (a realtor), sought to do a “short sale” of her residential real property. Clarke's real estate agent, Teresa M. Laine, was to handle the transaction for Clarke. Clarke claims that Laine's wrongdoing in connection with the transac...

Excerpt: ...eling in a safe manner for traffic conditions, and rear ended Plaintiff' s vehicle, causing injuries and damages to Plaintiff. Plaintiff seeks to compel Defendant's further responses to Form Interrogatories, Set One, Interrogatory Nos. 7.1, 12.2, 13.1, 15.1, 16.9, and 20.8. These were served on May 29, 2018. Plaintiff also seeks to compel Defendant's further responses to Demand for Production and Inspection of Documents and Things, Set One, D...

Excerpt: ...ral requirements for the filing of motions, including proper notice. Here, Plaintiff served and filed her joinder by mail on October 19, 2018, this provided only 12 court days notice. Additionally, the joinder was not served on Kaiser. The Court disagrees with Defendant that Kaiser's response was not timely served. Kaiser's proof of service shows that its response was served via email and mail on Thursday, October 24, 2018. Defendant'...

Excerpt: ... GRANTED in part and DENIED in part. Judicial Notice Broker's request for judicial notice of the FAC is GRANTED. Broker's further request for judicial notice of three written agreements is DENIED. Plaintiffs Jose Martinez (Martinez), Alejandro Marquez (Marquez) and Jesus Amezcua (Amezcua) (collectively “Plaintiffs”) attached several documents to the original complaint and characterized those documents as agreements supporting their allega...

Excerpt: ...urder trial. (See Bourdon Decl., ¶ 2‐4.) On or about 11/01/13, Bourdon learned that while plaintiff herein Frank Dearwester (Dearwester) was incarcerated on unrelated charges, Dearwester heard a third party confess to the crimes of which Ortez was accused. (Id., ¶ 5.) Bourdon's investigator interviewed Dearwester on 11/15/13. (Compl., ¶ 12.) On the investigator's request, Dearwester mailed documents related to the Ortez matter to the investi...

Excerpt: ...has been one for motor vehicle negligence. Among the defendants are One Call Medical, Inc. (NJ) dba One Call Care Management, and Zonecare USA of Delray, LLC (FL) dba One Call Care Transport + Translate (collectively “One Call”) (sued as One Call Care Management, One Call Medical, Inc. and Coral Acquisitions, Inc.). Shacklefoot alleges that “One Call provides services to the workers' compensation insurance industry [… including…] transp...

Excerpt: ...and SUSTAINED in part with leave to amend. The Parker Declaration and the attached copy of a minute order entered in another department of this court are STRICKEN. The court may not consider evidence on demurrer. Judicial Notice Broker's request for judicial notice of the FAC is GRANTED. Broker's further request for judicial notice of three written agreements is DENIED. Plaintiffs Jose Martinez (Martinez), Alejandro Marquez (Marquez) and Jesu...

Excerpt: ...Water Co. (1941) 44 Cal.App.2d 61, 68 [recorded land documents, not contracts, are the subject of judicial notice on demurrer].) The court, however, does not accept the truth of any facts within the judicially noticed documents except to the extent such facts are beyond reasonable dispute. (See Poseidon Devel., 152 Cal.App.4th at 1117‐18.) see also Fontenot v. Wells Fargo Bank, N.A. (2011) 198 Cal.App.4th 256, 265 (“[A] court may take judicia...

Excerpt: ...intiff in reply, Defendant yet again failed to serve Plaintiff with the opposition papers and Plaintiff only obtained the opposition from the Court's on‐line case file. This Court has previously admonished Defendant for such tactics and directed Defendant to ensure Plaintiff is properly served with documents. Though Defendant has again failed to do so and while the proof of service on the opposition is yet again highly suspect, the Court re...