Excerpt: ...al Masonry Builders, Inc.'s demurrer to Plaintiff Bay Cities Paving & Grading, Inc.'s first amended complaint (“FAC”) is ruled upon as follows. In this action, Plaintiff alleges that it entered into a joint venture (“Bay Cities/Myers JV”) with C.C. Meyers, Inc. (“CCMI”) to bid and construct the Hillcrest Project for CalTrans. The Bay Cities/Myers JV won the bid and entered into a prime contract with CalTrans. Plaintiff and CCMI indivi...

Excerpt: ... time of requesting oral argument. Plaintiffs/cross‐defendants Demurrer to the Cross‐Complaint is overruled. Plaintiffs and defendants are neighbors. The Kirkwoods' property is behind the Adams property in Orangevale, CA. The Adams' access road provides an easement access for the Kirkwoods property. The Cross‐complaint alleges that the neighbors relationship went sour after the Kirkwoods started filing complaints with the building d...

Excerpt: ...te chosen at the time of requesting oral argument. Defendant Los Rios Community College District's Demurrer to the 1st Amended Complaint is ruled on as follows: Plaintiff filed this lawsuit on July 23, 2018. Plaintiff filed a First Amended Complaint ("FAC") on July 27, 2018 against the District, Hoyt Fong and the Los Rios College Federation of Teachers Union ("LRCFT Union"), alleging seven causes of action for: (1) Unruh Civil...

Excerpt: ... ("SPA"). In the First Amended CrossComplaint ("FACC"), Martinez alleges that Alhambra is the one that breached the SPA. Martinez's FACC also alleges that he and Alhambra entered into a written Offer to Compromise Alhambra's known claims against Martinez in exchange for Martinez paying $100,000 to Alhambra. Martinez allegedly paid the $100,000 to Alhambra pursuant to the Offer to Compromise, which Alhambra accepted, and Al...

Excerpt: ...tective order is denied. This action involves a dispute over unpaid attorneys' fees between Plaintiffs and Defendant. The Court notes that it granted Defendant's special motion to strike Plaintiffs' complaint on August 2, 2018. Defendant's cross‐complaint for conversion, fraud and money had and received remains pending. Plaintiffs move to disqualify Defendant's counsel on the basis that counsel has an irreconcilable conflict of interest after a...

Excerpt: ...ejects Defendant's argument that the motion be denied because it was served on October 29, 2018, by regular mail which only provided 16 Court days' and 4 calendar days' notice rather than the 16 Court day's and 5 calendar days' notice required by CCP § 1005(b). Indeed, as seen from the reply, the POS showed proof of service by overnight mail on 10/29. The fact that it was not received until 10/31 is not determinative. Indeed, service is complete...

Excerpt: ... (collectively “Defendants”) for summary judgment or, in the alternative, summary adjudication of issues is GRANTED in part and DENIED in part. Defendants' request for judicial notice of the first amended complaint (FAC) is GRANTED. Defendants' objection to Plaintiff Lisa Stellmacher's (Stellmacher) Notice of Errata, which contains pages missing from deposition transcripts cited in the opposition, is OVERRULED. Because Defendants possessed th...

Excerpt: ...t Defendants who were in his supervisory chain of command created false probationary reports indicating that his 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. Plaintiff also claims that he raised numerous litigation strategy questions and raised issues regarding unethical, improper and unlawful conduct. He alleg...

Excerpt: ...after “2017 litigation”) in which Plaintiffs unsuccessfully alleged the same facts and also some of the very same causes of action. In fact, as the Court noted at the time, “[this] lawsuit is verbatim identical to the Complaint filed in the prior litigation. The primary difference between the two lawsuits is that here Plaintiffs sue Cornerstone Valuation as the sole named Defendant, while in the first action, they sued [Cornerstone's counse...

Excerpt: ...trict” or “SCUSD”), Matthew Schlager (“Schlager” or “Asst. Principal Schlager”), Iyuanna Pease and Mirna Perez (collectively “Defendants”) is OVERRULED in part and SUSTAINED in part. The court takes judicial notice of the Claim for Damages (Claim) filed with the District on or about 7/28/17. The document is an official record. Although neither side filed a request for judicial notice of the document, both sides submitted a copy ...

Excerpt: ...ed as his treating nurse through Sacramento County Correctional Health Services and discriminated against him and denied him medical services. The Court would note that it previously overruled Defendant's demurrer to the first cause of action for negligence in the original complaint, sustained the demurrer without leave to amend as to the second cause of action for IIED and sustained the demurrer with leave to amend as to the third cause of actio...

Excerpt: ...7, 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. In order to finance the purchase, Plaintiff executed an Installment Note as well as a deed of trust in favor of Defendants covering the property to secure the Note. Pursuant to the terms of the Note, Plaintiff agreed t...

Excerpt: ...r 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. Opposing counsel failed to comply with CRC Rule 3.1110(b)(3)‐(4). Factual Background This is a personal injury action. Plaintiffs Seanne and Steven Villanueva allege that Seanne has worked as a graphic designer for California Professional Firefighters since 1986 and durin...

Excerpt: ...l Defendant to produce documents in response to Plaintiffs' Requests for Production Sets Four and Five. RFP Set Four RFP Nos. 96‐97 RFP No. 96 seeks “All DOCUMENTS sufficient to show the total RUG distribution of all patients in YOUR subacute unit during the period of January 1, 2012 ‐ December 31, 2014.” RFP No. 97 seeks “All DOCUMENTS sufficient to show the total RUG distribution of all patients in YOUR non‐subacute unit during the ...

Excerpt: ...cted 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. Factual Background This action was filed on 6/11/2018 by plaintiff Voogd against SFM, which operates a “Sprouts Farmers Market,” and one of its...

Excerpt: ...ment is permitted on law and motion matters. *** Plaintiffs' motion to compel defendant General Motors' (“GM”) further responses to the former's Request for Production, Set One, is GRANTED IN PART and DENIED IN PART, as follows. Both moving and opposing counsel failed to comply with CRC Rule 3.1110(b)(3)‐(4). Factual Background This is a lemon law case relating to a 2010 Chevrolet Equinox purchased by plaintiffs. The complaint asserts cause...

Excerpt: ...ssed Appellant's claim. (Weiland Decl. ¶ 7, Exh. B ¶¶ 1‐6.) A Berman hearing never took place. (Weiland Decl. ¶ 7, Exh. B ¶ 9.) On September 27, 2018, Appellant filed a Notice of Appeal of the Labor Commissioner's dismissal with this Court, which was filed 21 days after the Notice‐Investigation Completed indicating the dismissal was served. (Weiland Decl. ¶ 7, Exh. B ¶¶ 1‐6, Exh. C ¶ 8, Exh. D ¶ 10.) Parenthetically, the Californi...

Excerpt: ...ion, p. 1.) Citation to the federal rules of civil procedure do not inform this Court's law and motion practice, which is governed by State statutes, set forth in the Code of Civil Procedure and the Rules of Court, inter alia. Nonetheless, this does not, by itself, mandate denial of the motion. Defendant Kalin Williams requests the court take judicial notice of several documents filed with the Seminole County Family Court, Case No. 2016DR0048...

Excerpt: ...years has elapsed from the commencement of the case and from the time summons and complaint was served on defendant Talani, dismissal is mandatory. CCP 583.210 provides (a) The summons and complaint shall be served upon a defendant within three years after the action is commenced against the defendant. For the purpose of this subdivision, an action is commenced at the time the complaint is filed. (b) Proof of service of the summons shall be filed...

Excerpt: ...ing, Inc. Cholakian seeks the Court's determination pursuant to Civil Procedure Code sections 877 and 877.6(a) that the settlement was in good faith, The complete settlement agreement is lodged separately under seal. (see ruling on Motion to Seal) Elaine McDonold, a driver for Silva Trucking ("Silva"), was involved in a head‐on collision with Debra Hackett, who was driving a bus. The injuries to Hackett were significant. Silva was i...

Excerpt: ... and Willis Ward (the “Wards”) allege that in November and December 2015, Ahryah was subjected to inappropriate and abusive sexual contact by two fellow female students enrolled in the afterschool program at St. Hope Public School #7. On 9/11/2018, the Court granted Defendants' motion for summary judgment. Specifically, the Court found that it was undisputed that Ahryah admitted to a social worker with Child Protective Services that she was n...

Excerpt: ...concerns the 7th cause of action only and does not effect the remaining causes of action. Defendants' Evidentiary Objections to the Declaration of Jill Telfer are sustained. The Court does not consider extrinsic evidence in ruling on a demurrer. A demurrer “tests the pleadings alone and not the evidence or other extrinsic matters.” (SKF Farms v. Superior Court (1984) 153 Cal.App.3d 902, 905.) The only issue involved in a demurrer hearing ...

Excerpt: ...ant Wells Fargo Bank, N.A.'s (“Defendant”) demurrer to Plaintiff Maureen Singh's (“Plaintiff”) complaint is ruled upon as follows. The Court did not consider Plaintiff's request for judicial notice in ruling on the demurrer. Overview This is a non‐judicial foreclosure action. Plaintiff alleges that in June 2016, she took out a Federal Housing Administration Loan (“FHA Loan”) in the amount of $242,526, which was secured by a Deed...

Excerpt: ...d. This is an elder abuse action. Plaintiff George Merchant, by and through his successor in interest, Nica Gauff (“Plaintiff”) alleges that George Merchant (“Decedent”) was transferred from Kaiser Hospital to Capital Transitional Care on August 3, 2015. Plaintiff alleges that while in the care of Capital Transitional Care, he was neglected and abused by the staff, which caused him to suffer from an infection, pressure ulcers, bruising, d...

Excerpt: ... which substantiates her claims that (1) no payment on the TPP was due in February 2018 and (2) she made all the payments required under the TPP, while defendant Wells Fargo Bank (“Bank”) was directed to submit documentary evidence which substantiates its claims that (1) plaintiff's February payment was returned for insufficient funds and (2) plaintiff herself requested to cancel the TPP payment due on March 1st. The court received Bank's sub...

Excerpt: ...ent that occurred on September 8, 2015. (UMF 1.) There were two individuals involved in the accident: Plaintiff and Defendant Oregel. (UMF 2.) Defendant Rivera, the moving party, was added as a defendant by Doe Amendment on October 19, 2017. (UMF 3.) It is undisputed that Defendant Rivera was not involved in the accident giving rise to this action. (UMF 4.) Defendant Rivera's client is Defendant Oregel; Defendant Rivera is not the insurance agent...

Excerpt: ... Court's tentative ruling system, as required by California Rule of Court 3.1308 and Local Rule 1.06(D). Moving party is directed to contact non‐moving party forthwith and advise of Local Rule 1.06(D) and the Court's tentative ruling procedure. If moving party is unable to contact non‐moving party prior to hearing, moving party shall be available at the hearing, in person or by telephone, in the event non‐moving party appears without follow...

Excerpt: ...hat if officers, directors or persons having charge of the entity's assets or the agent for service of process of the corporation cannot be located with reasonable diligence, the party wishing to serve the corporation with process may apply to the Court for an order allowing service of the summons via the Secretary of State: “If an agent for the purpose of service of process has resigned and has not been replaced or if the agent designated cann...

Excerpt: ...holly separate from the allegations in the Complaint, Plaintiffs submitted to GM a claim for personal injuries on behalf of their minor daughter, whom they contend sustained an injury caused by the Suburban's running boards in October 2017. GM responded to that personal injury claim and attempted to resolve it with Plaintiffs, but the parties could not reach an agreement. This action does not involve a personal injury claim, and Plaintiffs' minor...

Excerpt: ...dicate Defendant's confidential home address. Defendant contends she is a participant in the Safe at Home confidentiality program as she is the victim of domestic violence and protection of her home address is necessary to protect the safety of herself and her daughter. Under California Rules of Court, rule 2.551, a record must not be filed under seal without a court order. (Cal. Rule of Court, Rule 2.551(a).) The Court may order that a record be...

Excerpt: ...otice. Here, Foster served and filed his joinder by mail on October 5, 2018. CCP §473c(a) requires 80 calendar days' notice for a motion for summary judgment served via mail. Thus, only 46 calendar days' notice was provided for Foster's joinder. This is a medical malpractice action. On 5/16/2014, Plaintiff fell at work. She presented to Cohen with complaints of severe left shoulder pain, complaints of left hand/upper arm/elbow pain, complaints o...

Excerpt: ... home located at 6126 Brahms Court, Citrus Heights, CA 95621, when decedent was improperly and illegally detained by law enforcement officers. Decedent was later shot and killed by these officers … who were employed by County of Sacramento[.]” (Compl. ¶ 6.) On May 14, 2018, the Court granted County's Motion for Protective Order to preclude the videotaped deposition of Sacramento County Sheriff Scott Jones and accompanying document reques...

Excerpt: ...mericans were constructively discharged and replaced with Hispanics, mostly employees from Mexico. The Court notes that Plaintiff's separate statement does not comply with CRC Rule 3.1345(c). The motion also fails to specifically identify the interrogatories at issue as required by CRC Rule 3.1345(d). However, given that only 2 interrogatories are at issue, the Court will rule on the merits of the motion. At issue are for the following specia...

Excerpt: ...ent where plaintiff Iris Perez, a student at Cosumnes River College, was kissed without her consent by her counselor. Plaintiff filed her First Amended Complaint on July 27, 2018, against the District, Hoyt Fong (the counselor), and the Los Rios College Federation of Teachers Union ("Federation"), alleging seven causes of action for: (1) Unruh Civil Rights Act (as to the District and Fong); (2) Conspiracy (as to all Defendants); (3) IIED ...

Excerpt: ...se Home Finance, LLC (2013) 2013 Cal.App.4th 772, "we know of no 'official Web site' provision for judicial notice in California." (See L.B. Research & Education Foundation v. UCLA Foundation (2005) 130 Cal.App.4th 171, 180, fn. 2.) "Simply because information is on the Internet does not mean that it is not reasonably subject to dispute." (Huitt v. Southern California Gas Co. (2010) 188 Cal.App.4th 1586, 1605, fn. 10.) In ...

Excerpt: ...ich Ascentium loaned CrossDefendant money for the purchase of veterinary equipment for a build‐out of its business. Ascentium also alleged a cause of action against Susan Davis and Custom K9 Services, LLC for breach of written guaranties of the EFA. The FACC alleges causes of action for breach of oral contract and fraudulent inducement. Only the breach of oral contract cause of action is asserted against Ascentium. Cross‐Complainant attached ...

Excerpt: ...� (Agreement) between Plaintiff and Defendant Khara whereby Defendant Khara allegedly agreed to pay Plaintiff $25,000 to find an owner of real estate willing to sell real property to Defendant Khara. Defendants demur to all causes of action except the first cause of action for breach of contract. Second Cause of Action (Fraud‐Against Defendant Khara) Defendant Khara's demurrer is overruled. The elements of fraud “are (a) misrepresentation (fa...

Excerpt: ...r pregnancy and disability discrimination in violation of FEHA, failure to accommodate in violation of FEHA and wrongful termination and retaliation in violation of FEHA. Plaintiff alleges that she began working for Defendant as an Associate Government Program Analyst around July 31, 2014. (FAC ¶ 9.) She alleges that on June 24, 2016, she went on pregnancy leave and later disability leave. Plaintiff allegedly attempted to return to work on June ...

Excerpt: ...) is OVERRULED. Defendants' request for judicial notice of two written contracts referenced in the complaint is GRANTED, but only as to the contracts' existence and terms, not the terms' meanings. Although a court may take judicial notice of documents cited in a pleading, Defendants tender the contracts in part so that the court will construe them in the course of ruling on the demurrer. It is inappropriate for a court to take judicial notice for...

Excerpt: ...collectively “Defendants) is SUSTAINED with and without leave to amend. Defendants' request for judicial notice of court documents and recorded land documents is DENIED because the documents are not relevant to the court's ruling. Overview This is a nonjudicial foreclosure case. The plaintiff is Yelena Markevich (Markevich). Markevich alleges that she is the debtor on the promissory note, that she is in possession of the property, and that ...

Excerpt: ...endant”) anti ‐SLAPP motion in order to conduct discovery is denied. The filing of an anti‐SLAPP motion automatically stays "[a]ll discovery proceedings." (§ 425.16, subd. (g).) To justify lifting the discovery stay, the plaintiff must demonstrate that the proposed discovery is both necessary in the context of the issues raised by the anti‐SLAPP motion and must explain what facts the plaintiff expects to uncover. ( 1‐800 Contac...

Excerpt: ...l defendant California Department of Corrections and Rehabilitation's (“CDCR”) further responses to Requests for Production, Set Two (“RFP”), is GRANTED IN PART, as follows. Plaintiff's notice of motion again does not provide notice of the Court's tentative ruling system, as required by Local Rule 1.06. Moving counsel is directed to contact opposing counsel and advise him/her of Local Rule 1.06 and the Court's tentative ruling procedure a...

Excerpt: ...ernal EEO complaints brought by other employees. Plaintiff alleges that after participating in these interviews and 25 additional acts of protected activity, she was retaliated against in violation of FEHA and other statutes and denied promotions that were given to younger non‐African American candidates that had not complained or participated in protected activities. Plaintiff's deposition was initially set for August 16, 2017. The deposition ...

Excerpt: ...�) in December 2015. The Plaintiffs are 11 adults who reside or resided at the property and allege causes of action for failure to provide habitable dwelling, breach of covenant and right to quiet enjoyment, nuisance and negligence. NBS moves for a good faith determination of a settlement it reached with Plaintiffs Albert McKinley and April Hullaby for $24,000. Mr. McKinley is to receive $15,000 and Ms. Hullaby is to receive $9,000. In considerat...

Excerpt: ... abuse/wrongful death action, defendants have issued a records subpoena to CRM seeking “Any and all documents (lease, complaints, information re cockroach infestation, documents from or to and/or correspondence from/to Adult Protective Services, communications from APS…, etc.) related to a home rental located at 3420 San Jose Way, Sacramento, CA 95817, during plaintiff[] Evelyn Gurion['s]…residency period (mid 2014).” Moving Papers. Plain...

Excerpt: ...smiss for failure to amend complaint within time permitted by the court is denied. CCP 581(f)(2) On September 4, 2018, the Court's tentative ruling was to sustain Defendants' Demurrer without leave to amend. However at the hearing Plaintiff had retained an attorney who requested one additional chance to amend the causes of action. The Court granted Plaintiff's request, and allowed Plaintiff ten days leave to amend the Complaint. The p...

Excerpt: .... The matter was continued at the hearing solely to allow the Court to consider the reply brief. Having now considered that brief, the Court issues the following ruling. In this action Plaintiff alleges causes of action for fraud, negligent misrepresentation and wrongful foreclosure. Plaintiff alleges that he purchased a commercial property in Old Sacramento in July 2014. He alleged that he worked with Defendant Sperry and Sons Capital Investment...

Excerpt: ...mes of Northern California, L.P. (collectively “Defendants”) to compel arbitration is GRANTED, and the civil action is STAYED, as follows: Defendants' request that the court disregard the opposition as untimely is DENIED given the absence of prejudice. Plaintiff Alison Adkison (Plaintiff) filed this employment dispute in March 2018. Defendants contend that Plaintiff must arbitrate her legal claims against them. They have produced two written ...

Excerpt: ...nduct which is claimed to constitute harassment, discrimination, retaliation, intentional infliction of emotional distress (“IIED”) and/or a refusal to accommodate plaintiff's need to pump during work hours breast milk for her child. Among other things, defendant Matchell is claimed to have disclosed to a co‐worker that plaintiff was pregnant; made derogatory comments about plaintiff's hair, makeup, tattoos, piercings, weight fluctuations, ...

Excerpt: ... which of the objections to evidence will be addressed at the hearing. The parties should be prepared to point to specific admissible evidence which is claimed to show the existence or non‐ existence of a triable issue of material fact. *** Defendants The Permanente Medical Group, Inc. (“TPMG”) and Sue Matchell's motion for summary adjudication on each of plaintiff's eight causes of action is GRANTED IN PART and DENIED IN PART, as follows. ...