Excerpt: ...n Montgomery (Ann) (collectively “Plaintiffs”.) Plaintiffs allege that Mark received the Device in 2008 as a surgical implant and suffered pain, decreased mobility and emotional distress as a result. He eventually required revision surgery to remove and replace the Device. According to Plaintiffs, the Device was defective and was likely to fail after implantation. They also allege that this information was concealed from surgeons and patients...

Excerpt: ...ch 20, 2016. Plaintiff Carlene Metzler, decedent's daughter, alleges Dr. Balatbat caused a 30‐month delay between September 2012 and May 2015, in the diagnosis and treatment of decedent's lung cancer and this caused the progression of the cancer from a treatable “stage one” to an advanced “stage 4.” Specifically, Plaintiff alleges Dr. Balatbat failed to order follow‐up CT scans of decedent's lobe lung mass at the 6‐12 month mark and...

Excerpt: ...t Trust (collectively, “Defendants”): (1) a Trust Deed and Assignment of Rents, (2) a Foreclosure Cancellation Guaranty, and (3) a Note Secured by Deed of Trust. These documents were executed without the knowledge or consent of Ms. Barba. Therefore, Plaintiffs contends the documents are invalid and voidable. Plaintiffs filed their complaint on April 11, 2018, alleging causes of action for quiet title, breach of contract, declaratory relief, a...

Excerpt: ...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 [judicial notice of findings of fact does not mean that those findings of fact are true]; Steed v. Department of Consumer Affairs (2012) 204 Cal.App.4th 112, 120‐121 [“[W]hile the existence of any document in a court file may be judi...

Excerpt: ...ctice in California since 2013, was hired as corporate counsel for PowerSchool. Plaintiff was employed from March 1, 2016, through March 8, 2018, at which time he resigned. PowerSchool provided Plaintiff with an Offer of Employment (the “Offer Letter”) on February 12, 2016. (LaPlante Decl. ¶ 5, Exh. A.) The Offer Letter included as a condition of employment that Plaintiff submit any disputes arising regarding his employment to binding arbitr...

Excerpt: ...construction of a street improvement project known as Old Florin Town Streetscape Improvement Project ‐ Prichard Road to Kinglsey Street (the “Project”). In short, the County is seeking to recover costs it paid to the contractor on the Project allegedly incurred to due defendant Florin County Water District's (the “District” or “Defendant”) delay in relocating its water facilities. The County alleges the District caused it to incur ...

Excerpt: ... of their mother, along with other related relief. The action was settled in November 2016 by a written agreement signed by each of three siblings and was thereafter dismissed in December 2016. On 4/18/2018, the Court heard moving parties' motion to set aside dismissal and enforce settlement agreement and enter judgment against Romeo. (ROA 24.) The moving parties sought to set aside the December 2016 dismissal and to enforce the written settl...

Excerpt: ...t‐and‐confer efforts before filing a demurrer. The court will expect no less in the future. Factual Background Plaintiffs allege that in October 2016, contractors hired by City trespassed onto plaintiffs' property in Sacramento and wrongfully and unnecessarily denuded a number of plaintiffs' trees without notice or consent. It is further asserted that the cutting of these trees violated recognized, proper pruning practices and policies found ...

Excerpt: ...suffered a cardiac arrest at 1201 K Street, Sacramento, California, that required the use of the Philips Heart Start Automated External Defibrillator, Model M5066A. Plaintiffs contend the defibrillator failed to properly work, causing a significant and harmful delay in providing necessary emergency services to Steven Leighty, resulting in his death on the way to the hospital. Cross‐Complainant CDA Rotunda is alleged to own and operate the premi...

Excerpt: ...ments, 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 judicial notice of the fact of a document's recordation, the dat...

Excerpt: ...ProStar trucks (the “Trucks”), manufactured by Navistar, from dealer and co‐defendant Riverview International Trucks, LLC (“Riverview”). The facts are as follows. Joseph Chand (“Chand”) is a 50 percent owner and president of Plaintiff, as well as the decision making for purchasing Plaintiff's trucks. (UMF no. 1, 3.) In or around September 2012, Chand discussed purchasing the Trucks with Bassett. (UMF 4.) Bassett was the majority own...

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: ...NIED, as follows. Factual Background This action arises from a property line dispute apparently originating from the original property developer's mistaken placement of a fence 20 feet south of the actual boundary line between the subject parcels. According to plaintiff, when this discrepancy was discovered, plaintiff and the adjacent owner Marjorie Williams (“Marjorie”) reached an agreement relative to both the actual ownership and Marjorie'...

Excerpt: ...inson did not appeal the assessment of overpayments, and EDD obtained its judgment by way of a Certificate for Summary Judgment pursuant to Unemployment Insurance Code § 1379. EDD recently renewed the judgment. As it turns out, Robinson was incarcerated between 2007 and 2018 and contends he never received actual notice of the judgment or underlying proceedings. The court rejects his argument that the renewed judgment should be vacated due to lac...

Excerpt: ...t requests for admission that were served on Defendant. There were a total of 1,308 requests for admissions. On September 18, 2018, the Court denied Defendant's motion for reconsideration, which it construed as a motion to withdraw admissions pursuant to CCP § 2033.300 without prejudice for failure to offer any evidence showing excusable neglect that resulted in the requests for admission being deemed admitted. “The court may permit withdrawal...

Excerpt: ...ts GRANTED. This case arises out of a business dispute relating to commercially developed real property located at 2917‐2999 Fulton Avenue in Sacramento, California, and commonly referred to as Town and Country West (the “Fulton Property”). The Fulton Property was owned by Town and Country West G.P. (“Town & Country, G.P.”), a general partnership, for which Defendant/Cross‐Plaintiff Mehtani was the Managing Partner. Plaintiff/Cross‐...

Excerpt: ...property owner fails to comply with a notice and order issued by a local agency after having a reasonable opportunity to do so. Specifically, subdivision (c) authorizes this Court to appoint a receiver over the property if the property owner has failed to comply with a notice or order to repair issued by a local agency and the property continues to remain in substandard condition. The City claims that the subject property located at 3925 May Stre...

Excerpt: ...d SUSTAINED in part with leave to amend. GM LLC is advised that, contrary to the caption on the notice of motion, this case is not assigned for all purposes to Judge Abbott. Department 54 is assigned to hear law and motion matters and is located at 813 6th Street, not 720 9th Street. Overview This is a lemon law case under the Song‐Beverly Consumer Warranty Act. The plaintiffs are Scott M. Groth and Lori J. Groth (collectively “the Groths”)...

Excerpt: ...s not timely filed but it was reluctantly considered. As explained below, it does little to address the substantive merits of this motion. The court notes that HV‐HD's electronic service of the moving papers on 10/1/2018 for a hearing on 10/25/2018 does not give 16 court days plus 2 court days' notice as required by Code of Civil Procedure §1005(b) and §1010.6(a)(4)(B), since 10/9/2018 (Columbus Day) was a court holiday. (Code Civ. Proc. §12...

Excerpt: ...te purchase agreement. In short, Plaintiff alleges Defendant wrongfully cancelled the purchase agreement on the grounds Plaintiff failed to timely remove a title contingency. The property at issue is a 234,800 square foot commercial building located at 8110 Power Ridge Road in Sacramento (the “Property”). Plaintiff intended to purchase the property to use in connection with its cannabis business. In October of 2016, Plaintiff and Defendant ex...

Excerpt: ...y R. Thompson, Fredrick A. Ratliff, and Chris M. Wright. Decedent's two successors in interest, Elizabeth Brown and Don Johnson (“Plaintiffs”), have sued Union Pacific and its three employees alleging negligence in the operation of a motor vehicle, general negligence, and premises liability. At issue on this motion are Defendant's responses to request for production Nos. 19‐ 20, 38‐60, 63, 65, and 70. Nos. 19‐20 Denied. These requests s...

Excerpt: ... that he was a member of Defendant's medical staff. Plaintiff alleges that he was discriminated and retaliated against, and harassed due to his presenting complaint regarding patient care, services, and/or hospital conditions. He further alleges that he was harassed based on his sex and that certain defamatory statements were made concerning his profession, trade, business, and qualifications. The Medical Staff of Methodist Hospital's Medical Exe...

Excerpt: ...3) and Rule 3.1110(b)(3). The response filed by defendant was not timely filed in accordance with Code of Civil Procedure §1290.6 but was nevertheless considered. As Code of Civil Procedure §1290et seq. does not permit the filing of a “Response to Opposition” (e.g., a reply) such as the one filed by plaintiff, it was not considered. Factual Background This is a contract action relating to the parties' operating agreement for a jointly‐own...

Excerpt: ...on, whistleblower discrimination, retaliation in violation of FEHA, breach of fiduciary duty, breach of partnership agreement, accounting, quantum merit, fraud, and negligent misrepresentation of fact. Plaintiff contends discovery has commenced, but defendants have refused to provide documents on the grounds the documents are privileged, confidential, and/or proprietary. Plaintiff contends they disagree with these objections and offered to enter ...

Excerpt: ... as a writ. The matter was assigned to Judge James P. Arguellas for all purposes. Following a demurrer by CDTFA, the parties filed a stipulation to reclassify this case as a civil action for a tax refund and to permit SJCBC to file an amended complaint. The Court signed the stipulation and Order on August 23, 2018. (ROA 28.) SJCBC then filed its FAC on August 30, 2018. The FAC seeks a tax refund. SJCBC contends its cannabis transactions during th...

Excerpt: ...with leave to amend. Plaintiff filed her First Amended Complaint (“FAC”) against the Matheson Defendants, as well as Plaintiff's former supervisor, Shirley Curran, on January 24, 2018, alleging the following eight causes of action: (1) Breach of Contract; (2) Breach of the Covenant of Good Faith and Fair Dealing; (3) Retaliation in Violation of Labor Code § 1102.5; (4) Retaliation in Violation of Labor Code § 6310; (5) Retaliation in Violat...

Excerpt: ... notice and is DENIED. On February 15, 2018, Plaintiff filed his lawsuit against Kimberly Kirchmeyer, Executive Director of the Medical Board of California, alleging numerous state law codes and laws, including Business and Professions Code section 2056 (protection for retaliation 5 against physicians) and 2234.1 (prohibition against physician discipline for alternative treatment), 6 Civil Code sections 45 (libel) and 3345 (unfair and deceptive p...

Excerpt: ...ficial records is GRANTED. Procedural Background This civil action follows the Labor Commissioner's Order, Decision and Award in favor of employee Cheryl Harrington (Harrington). On 4/11/16, the Commissioner awarded Harrington approximately $50,000 from her former employer, Defendant and CoJudgment Debtor 2600 Bravado Dr. LLC, (“the LLC”) in unpaid minimum wages, penalties and other amounts. (The LLC had employed Harrington as a property mana...

Excerpt: ...on the short cause calendar at 8:30 a.m. in Department 47 on November 9, 2018 at 8:30 a.m. If that date is inconvenient, the parties shall meet and confer to pick another Friday date and inform the clerk in Department 53 of the new date no later than 4:00 p.m. on October 23, 2018, so that the clerk may set the matter on the short cause calendar in Department 47. SVO has filed a Petition for an order removing or reducing a $8,816,958 mechanics'...

Excerpt: ...s published, Plaintiff has filed a First Amended Complaint, which purports to address the Court's ruling on the demurrer to the original Complaint. The Court's ruling regarding the demurrer to the original Complaint remains as follows: Defendant Logos Property Investment S, LLC's (erroneously sued as Logos Property Investments and/or Ridgestone Apartments) demurrer to pro per Plaintiff Kent Taylor's complaint is ruled upon as follows. Thi...

Excerpt: .... 1‐8 and 13‐43. Plaintiffs contend the scope of these requests is overreaching, implicating all financial transactions ever made by or related to Plaintiffs concerning their investment portfolios, bank account balances, and financial plans, when the only documents directly related to the plaintiffs' claims in this case are much more restricted. Defendants contend all of the financial information is discoverable because plaintiffs contend...

Excerpt: ...ividual Defendant Sue Mathchell, because Plaintiff was a breastfeeding woman and because she complained to her union regarding these same issues. She also alleges claims for negligent and intentional infliction of emotional distress based upon these same issues. Plaintiff's evidence in support of this motion consists of her own sworn declaration and a brief excerpt of deposition testimony of TPMG employee Shawn Miller. Defendant filed a motion fo...

Excerpt: ...ion for summary judgment is denied. Courts may not take judicial notice of the truth of contents of documents. See Big Valley Band of Pomo Indians v Superior Court (2005) 133 Cal.App.4th 1185, 1191‐1192; Garcia v Sterling (1985) 176 Cal.App.3d 17, 22. Plaintiffs Geralda Stryker et al. are individual homeowners in the housing development that was the subject of a lawsuit entitled Edward J. Broussard, Sr., et al v. Cambridge (Natomas), LP., et al...

Excerpt: ...nnection with the sale of a 2005 Peterbilt truck to Maynard Frantz, LLC (“Frantz LC”) from Interstate Mechanics Trucks, LLC ("Supplier"). Ascentium and Frantz, LLC allegedly entered into an Equipment Finance Agreement (“EFA”) which Maynard Frantz allegedly personally guaranteed. Cross‐Complainants then filed a cross‐ complaint alleging causes of action for breach of contract, common counts, and fraud. They filed a first amende...

Excerpt: ...d advise counsel of Local Rule 1.06 and the Court's tentative ruling procedure. If Walgreens' counsel is unable to contact opposing counsel prior to the hearing, Walgreens' counsel shall be available at the hearing, in person or by telephone, in the event opposing counsel appears without following the procedures set forth in Local Rule 1.06(B). Request for Judicial Notice Walgreens' request for judicial notice is granted as to Exhibits 2‐ 5, an...

Excerpt: ...icial notice of Exhibits 1, 4 and 5 is GRANTED. The balance of the request for judicial notice is DENIED. The court will not take judicial notice of the price lists in Exhibits 2 and 3 because Plaintiff Rosalinda Delacruz (Delacruz) alleges she never received such lists. (FAC, ¶ 32.) Exhibit 6 is irrelevant. Overview This is a putative class action. Delacruz is the only named plaintiff. According to Delacruz, Defendants misled her into funding a...

Excerpt: ...4th 543, 590 [judicial notice of findings of fact does not mean that those findings of fact are true]; Steed v. Department of Consumer Affairs (2012) 204 Cal.App.4th 112, 120‐121 [“[W]hile the existence of any document in a court file may be judicially noticed, the truth of the matters asserted in those documents, including the factual findings of the judge who was sitting as the trier of fact, is not entitled to notice.”]; Sosinsky v. Gran...

Excerpt: ...ss as Dan Dellinger Consulting. However, upon review of the papers and declarations, it appears the actual amount supported by the declarations is $14,391.70 (representing $13,967.50 in attorneys' fees (75.5 hours x $185/hour) and $424.20 in costs). This slight difference may have been the result of a clerical error multiplying 35.8 of the attorney hours by $190 instead of $185. Further, the Court also notes on reply that Defendant now seeks only...

Excerpt: ...ith either the summons & complaint or the moving papers, thereby depriving the court of jurisdiction to grant plaintiff any relief as to them. As to BLS only, this matter was continued to permit plaintiff to file and serve a supplemental reply in light of BLS' tardy filing of its request for judicial notice in support of its opposition. Having received plaintiff's supplemental reply, the court now issues the following tentative ruling. *** If ora...

Excerpt: ...nt on July 27, 2018, against the District, Hoyt Fong (the counselor), and the Los Rios College Federation of Teachers Union (“LRCFT Union”), 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 (as to the District and Fong); (4) Negligence (as to the District and Fong); (5) NIED (as to the District and Fong); (6) Gender Violence (as to the District and F...

Excerpt: ...sional Engineers v. Dep't of Transp. (1997) 15 Cal.4th 543, 590 [judicial notice of findings of fact does not mean that those findings of fact are true]; Steed v. Department of Consumer Affairs (2012) 204 Cal.App.4th 112, 120‐121 [“[W]hile the existence of any document in a court file may be judicially noticed, the truth of the matters asserted in those documents, including the factual findings of the judge who was sitting as the trier of fac...

Excerpt: ...or was a default or default judgment ever taken. This action arises from an unpaid wage claim filed by plaintiff James Batiste against defendant Washington Freight Express, LLC (“Washington Freight”) before the Labor Commissioner. On February 25, 2014, pursuant to an Order, Decision, or Award of the Labor Commissioner, a judgment was entered by the clerk against Washington Freight only for failing to pay Plaintiff his wages. (ROA 1.) No judgm...

Excerpt: ...amages in connection with Vitek's handling of Prestige's truck #33. (ROA 7.) Vitek then filed a Cross‐Complaint on October 14, 2018, against Prestige, Anatoliy Kitsen, and Does 1‐ 10. (ROA 23.) The Cross‐Complaint contains four causes of action: (1) a cause of action for declaratory relief seeking a declaration that cross‐defendants must pay Vitek for repairs to vehicles, unpaid storage costs, unpaid rental costs and associated cleanup co...

Excerpt: ...epartment of Transportation (“DOT”) and driven by DOT's employee, Mr. Casey Carrol Simonsen (“Mr. Simonsen”). (Arnold Decl. ¶ 4.) Plaintiff has alleged injuries due to the collision. (Ibid.) Plaintiff filed a government claim on June 9, 2017. (Declaration of Carol A. Wieckowski (“Wieckowski Decl.”) ¶ 3, Exh. A.) On June 15, 2017, the County of Sacramento mailed Plaintiff a Notice of Insufficiency of Claim, refusing to accept the cla...

Excerpt: ...efendant Cornerstone Title Company's (“CTC”) demurrer to the First Amended Complaint (“1AC”) is SUSTAINED IN PART and OVERRULED IN PART, with and without leave to amend, as follows. 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 established at CTC and BAM making an initia...

Excerpt: ...y set for hearing on 9/17/2018 but was continued to this date to permit the parties to meet‐and‐confer “in person or by telephone,” as required by Code of Civil Procedure §430.41. The court notes that the 9/27/2018 meet‐and‐confer declaration from the demurring parties' counsel was not timely filed by the 9/26/2018 deadline but it was nevertheless reluctantly considered. This 9/27/2018 declaration avers that the parties have been abl...

Excerpt: ...the Court accepts the fact of their existence, not the truth of their contents. Factual and Procedural Background This action arises from the employment by Trifecta of plaintiff Cooper Scott Thornton and Jodi Charter. Mr. Thornton was hired on June 23, 2016, as a Customer Experience Manager. On or around June 25, 2016, Mr. Thornton signed his Agreement for Employment and a separate Arbitration Agreement. (Mr. Connolly Decl. ¶ 6, Exhs. C, D.) Ms....

Excerpt: ...from Defendant at 8005 Sunset Avenue in Fair Oaks, California. In July, 2010, 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. Kevin R. Culhane (the “Judgment”). (ROA 69 ["This cause came on for hearing on July 14, 2010 before the Honorable Kevin Culhane, Judge presiding in Department 53 of the above‐entitled court, Lyl...

Excerpt: ...pertinent part, the 2AC asserts in Paragraphs 33, 48 and 55 that defendant County refused to provide any reasonable accommodation of reassignment or transfer to another position for which plaintiff was qualified unless she agreed to participate in the “Accommodations Transfer List” (“ATL”) system and further that, “The ATL system is unlawful as it ends in the forced resignation of the participant if another job is not found within a yea...

Excerpt: ... found defendant ex‐husband to be in contempt for failing to make payments to plaintiff ex‐wife for child support, alimony and medical expenses and to provide life insurance despite the ability to do so, with the total arrearages being $108,300. The Florida Court also determined that defendant's 50% share of the proceeds from the marital home was $26,115.58 short of the amount due plaintiff, although the order is silent as to the reason(s) fo...