Excerpt: ...nt termination of Plaintiff as the Sacramento River Cats' manager of the visitor clubhouse during the 2014 and 2015 baseball seasons. Plaintiff alleges he was employed by the River Cats during the 2014 and 2015 baseball seasons. (SAC ¶ 1.) Plaintiff alleges Metz was an athletic trainer employed by the Reno Aces. (SAC ¶16.) Metz traveled with the Reno Aces during the baseball season and visited the River Cats' visitor's clubhouse for River Cats/...

Excerpt: ...m Saleem (together, “Plaintiffs”) filed their Complaint on April 27, 2018, alleging that the four‐vehicle collision and their resulting injuries were caused by Mr. McKinley's unsafe lane change. They further named Mr. McKinley's employer, AT&T Corp., as a defendant. On June 18, 2018, Defendants answered the Complaint. On August 9, 2018, Defendants filed a Notice of Change in Handling Attorney, notifying the Court and parties that a differen...

Excerpt: ...overt Gurion, as individual and successors in interest to Decedent's (together, “Plaintiffs”) request for judicial notice of Exhibits A, B, and C is granted. (See, Kaufman & Broad Communities, Inc. v. Performance Plastering, Inc. (2005) 133 Cal. App. 4th 26, 32.) Plaintiffs' request for judicial notice of Exhibit D, the California State Auditor's report on Skilled Nursing Facilities, is denied. This is an elder abuse action arising from the c...

Excerpt: ...s three remaining causes of action: quiet title, cancellation of deed, and declaratory relief. Plaintiff dismissed the 1st cause of action for specific performance on October 1, 2018. Plaintiff Leslie Bakey ("Plaintiff) seeks to clear title to real property she purchased on September 11, 2017 for $400,000 at a duly noticed and properly conducted trustee's sale. (Complaint ¶ 15,17.) The trustee sale occurred because Defendants J. Pedro Za...

Excerpt: ...was self‐ represented was seeking new counsel. The court granted a 60 day continuance and ordered any opposition to the demurrer to be filed and served on or before October 5, 2018. Plaintiff has now filed a second request for a continuance on October 10, 2018, stating that she has been unable to hire an attorney. She seeks an additional 30 days continuance. The Court denies any further request for a continuance. However, the Court will grant a...

Excerpt: ...or in interest to Evelyn Gurion (Decedent) (together, “Plaintiffs”) filed this action on September 9, 2015. Moving Defendants assert that they have been properly served with the Summons and Complaint since the case's inception. However, they state that Plaintiffs have never properly served the Individual Defendants and there is no stipulation to extend time for service. (Patterson Decl. ¶¶3‐4.) As it has now been three years since the cas...

Excerpt: ...ntact with a SMUD power line. Plaintiff Francisco Rodriguez, Margarito's son witnessed the incident. Plaintiffs allege causes of action for negligence, premises liability, negligent infliction of emotional distress and loss of consortium. This motion seeks sanctions against Irma Rodriguez for having filed the Complaint on June 1, 2018 naming herself as ROE 1 in the loss of consortium claim. Irma's petition for relief from the government c...

Excerpt: ...arly has Plaintiff and other non‐ exempt employees at its fulfillment centers work over 10 hours, without providing or compensating for a second meal break or third rest break, as required by California law. Plaintiff further alleges that Defendant failed to pay all wages owed in each pay period, and that in violation of Labor Code § 226(a), Defendant issued false and inaccurate wage statements which fail to account for all Plaintiff and other...

Excerpt: ... alleges that Macy's placed two clothing racks next to one another and displayed a "40% off" sign on one of the racks such that a reasonable consumer would have believed the merchandise on both racks was on sale. Instead, when he purchased shorts on the rack furthest from the on‐sale sign, he learned that he would have to pay the full price, which he paid. He alleges that other shoppers were similarly misled. With respect to his resulti...

Excerpt: ...lings. This is a construction defect case. The plaintiffs are multiple homeowners (Plaintiffs). Plaintiffs filed this action in May 2017. A special master was appointed, and considerable discovery has been completed. On 7/11/18, Plaintiffs filed Doe Amendment No. 1, thereby naming eight subcontractors as defendants. No trial date has been set. In addition, the special master has stepped down and a motion to appoint a substitute is pending. Morris...

Excerpt: ... 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 manager.) Pursuant to Labor Code § 98.2(e), this administrative award...

Excerpt: ...ising out of a motor vehicle accident, Defendant moves to strike punitive damages allegations. Plaintiffs allege that at the time of the accident, Defendant was operating her vehicle while under the influence of alcohol and with a blood alcohol level exceeding the legal limit. (Comp. ¶ 13.) They allege that Defendant was “well aware that driving while intoxicated posed a risk of serious injury or death to other persons using the roadways. Desp...

Excerpt: ...property from extinguishment pursuant to Title 5 (commencing with Section 880.020) of Part 2 of Division 2 of the Civil Code (Marketable Record Title).” (RJN Exh. E.) Defendant argues that the document can be expunged similar to lis pendens under CCP § 405.30, et seq. and that it can recover fees pursuant to CCP § 405.38. Here, the only authority cited by Defendant for the proposition that the Notice of Intent to Preserve Interest is a cloud ...

Excerpt: ...ientation and national origin. Echevarria is the former employee, and RCRC is the former employer. RCRC is defending in part on the theory that it terminated Echevarria for legitimate, non‐discriminatory reasons related to Echevarria's job performance. To obtain emails and other documents relevant to this theory of defense, Echevarria propounded his second set of document requests. RCRC did not timely respond, and on 6/26/18, this court granted...

Excerpt: ...sition. CCP § 2025.450(a) provides that where a party, without having served a valid objection fails to appear for the deposition, or to proceed with it, or to produce any documents described in the deposition notice, the party noticing the deposition may move for an order compelling attendance and production of documents requested in the deposition notice. (CCP § 2025.450(a).) The motion must be denied. While Plaintiff seeks to compel Defendan...

Excerpt: ...d Cross‐Defendant as joint tenants. Cross‐Complainant argues that he is entitled to an interlocutory judgment pursuant to CCP § 872.720 because he is a joint owner with Cross‐Defendant, with an absolute right to partition of the subject property. Cross‐Complainant's separate statement includes the following. Cross‐Complainant is the owner of an undivided one‐half interest in the subject real property. Crosscomplainant and Cross‐def...

Excerpt: ...sed 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 State Farm General Insurance Company (“SF General”), State Farm Mutual Automobile Insurance Company (“SF Mutual Auto”), State Farm Fire and Casualty Company (“SF Fire”), Teresa L. Moon (“Moon”), Estate of Paula Foster (“Foster Est...

Excerpt: ...he 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. Moving counsel failed to comply with CRC Rule 3.1110(b)(3)‐(4) Factual Background This is a legal malpractice action. Plaintiff alleges she retained defendant attorneys to file and prosecute an action against her employer but despite filing the action in 2015, it ...

Excerpt: ...ocedural Background Plaintiffs filed this breach‐of‐guaranty case in 2010. Defendants are the guarantors. The parties entered into a written settlement agreement (Settlement) in March 2012. Under the Settlement, each Defendant is required to pay a maximum of $1,000,000 over a period not to exceed 10 years from the time his first payment is made (subject to an exception not relevant here). (See Derickson Decl., Exh. A, ¶ 4(f).) Each Defendant...

Excerpt: ...d to withdraw as counsel of record. On September 14, 2018, the Court denied the motion as there was no return receipt form the certified mail showing tha the client was served with the motion at the address listed on the proof of service. (ROA 106.) Thereafter, Plaintiff's counsel filed a “Notice of Ruling” and served the notice on Plaintiff, indicating that the motion to withdraw had been granted. (ROA 107.) Plaintiff's counsel is hereby ord...

Excerpt: ...d motion matters. *** Defendants Samuel Merritt University (“SMU”), Sutter Bay Hospital (“SBH”), Sutter Health (“Sutter”) and Isaac Bristow's (“Bristow”) (collectively “Defendants”) demurrer to the Second Amended Complaint (“2AC”) is SUSTAINED IN PART and OVERRULED IN PART, with leave to amend except as to the 14th cause of action against Bristow. The notice of demurrer does not provide notice of the court's tentative ruli...

Excerpt: ...gh its subsidiary Sacramento Auto Insurance Center dba Cost‐U‐Less Insurance Center (“Cost‐U‐Less”), as a broker of insurance policies, allegedly engaged in the practice of issuing entirely new and superfluous policies when Plaintiffs only required a simple amendment to a previously issued policy in order to inflate broker fees. Plaintiff filed her initial complaint on August 14, 2014, on behalf of herself and a class of similarly sit...

Excerpt: ...from September 5, 2018. Defendant has now filed a substantive opposition to the motion on September 17, 2018, and plaintiff has filed a reply on September 25, 2018. ORAL ARGUMENT WILL TAKE PLACE ON THIS TENTATIVE RULING ON OCTOBER 17, 2018. The Clerk shall fax a copy of the tentative ruling to the litigation coordinator on or before October 11. The litigation coordinator shall then provide the tentative ruling to plaintiff Brian Spears. Appearanc...

Excerpt: ...low. The parties still must request oral argument pursuant to Local Rule 1.06 *** If oral argument is requested, the parties must at the time oral argument is requested notify the clerk and opposing counsel of the causes of action that will be addressed at the hearing. The parties are also reminded that pursuant to local court rules, only limited oral argument is permitted on law and motion matters. *** Defendants Janis ("Janis") and Dean...

Excerpt: ...ration is denied. This motion purports to be a motion to compel "supplemental" responses, when it is actually appears to be a motion to compel further responses to discovery. The motion is confusing, fails to cite applicable authority, and contains contradictory statements. If plaintiff is contending that responses served were inadequate or in violation of a court order, the proper motion to file is a motion to compel further responses ac...

Excerpt: ...ants seek an examination by an orthopedic surgeon concerning plaintiff's claim of a disc injury that requires surgery and which she contends is a result of the subject accident. At the time of plaintiff's deposition in October of 2016, she testified that no doctor had told her that neck surgery would be necessary. On May 30, 2018, plaintiff's counsel told defense counsel that plaintiff's doctor stated she may need surgery for her ...

Excerpt: ...to sufficiently allege "malice, oppression, or fraud." The Court notes that Defendant has not demurred to the conversion or negligence causes of action. Plaintiff insists that Defendant acted with malice because she alleges that she had rightful possession of the vehicle and that Defendant hooked up Plaintiff's vehicle with full knowledge that she was inside. At this stage of the pleadings, and taking the allegations as true that: (1)...

Excerpt: ...plaint on September 13, 2018 and a first amended complaint on September 14, 2018. There is no second amended complaint in the Court's file. Nor could there be absent a motion or stipulation of the parties and Court order. Therefore, the Court's analysis is premised on the first amended complaint. Plaintiff also refers to a verified complaint, but the FAC is not verified. Nor was the original complaint. In this action Plaintiff alleges causes of a...

Excerpt: ... conversion of assets from Folsom Ready‐Mix, Inc., breach of fiduciary duty as to both Plaintiffs, negligence, constructive fraud, conspiracy to defraud, unjust enrichment, imposition of constructive trust, breach of contract, injunctive relief, and violation of Penal Code § 496. On September 18, 2018, this Court granted Plaintiff's ex parte application for a TRO and issued an OSC restraining Defendants from wasting, using, selling, encumberin...

Excerpt: ...ow for the parties to file a joint statement regarding the discovery requests at issue. The Court incorporates by reference its September 7, 2018 order, from which this proceeding is a continuation. The instant discovery motion is in the context of competing petitions to confirm or vacate an arbitration award. As this is unique in setting, for context, the Court refers back to its the Court's May 4, 2018 order related to DWR's petition to vacate ...

Excerpt: ... and fair dealing. Plaintiffs allege that they are the assignees of an agreement to purchase real property (“Agreement”) that was entered into between SAVS Energy, LLC ("SAVS") and Defendants on or about January 12, 2017. They allege that SAVS assigned the Agreement to them. They allege that SAVS made $30,000 in deposits and that the transaction was originally scheduled to close on April 27, 2017. They allege that before closing they ...

Excerpt: ...ysician whose hospital privileges were in 2014 suspended by defendant Dignity Health in response to allegations by various hospital employees. Shortly thereafter, plaintiff filed his first suit against Dignity Health for defamation, harassment and violation of Health & Safety Code §1278.5, alleging he suffered retaliation for reporting unsafe hospital conditions and/or care. According to plaintiff, when certain hospital staff learned plaintiff w...

Excerpt: ...dmother was living with a sex offender. They now indicate that the complaint contains factual errors. They argue that after extensive discovery they learned that Defendant did not affirmatively place them in a residence with a registered sex offender but rather that before a placement could occur their grandmother took them. They indicate that the facts show that Defendant was aware of this and then failed to investigate claims received from thei...

Excerpt: ...wise the subject of judicial notice. This is a trip‐and‐fall case. On or about 10/09/17, Laber informed Dr. Katibah that Leo Van Dolson, Jr., M.D. (Dr. Van Dolson) was treating her injured knee in a worker's compensation case. (See Moua Decl., Exh. C.) When the parties initially exchanged expert witness lists on 8/13/18, Laber disclosed Dr. Van Dolson as a non‐retained expert. Dr. Katibah did not designate Dr. Van Dolson at that time. The f...

Excerpt: ...odation, and wrongful termination in violation of public policy. On about July 3, 2018, Defendant Kaiser Foundation Hospital's Motions for Summary Judgment against Plaintiffs was heard and granted by the Court. Thereafter, on about August 10, 2018, Defendant Kaiser served its Memorandum of Costs, requesting $1,582.77 against Johnson and $1,445.34 against Landeros. Plaintiffs now move to tax costs pursuant Williams v Chino Valley Independent F...

Excerpt: ...be available by COURTCALL, to participate in oral arguments. Defendants Marisela Montes, Cheryl Carlson, and Jennifer Shafer's (collectively, “Defendants”) demurrer to plaintiff in pro per Arthur Austin's (“Plaintiff”) complaint is UNOPPOSED and is ruled upon as follows. The Court has received Plaintiff's Amended Complaint. However, the Amended Complaint was filed on October 3, 3018, which was not prior to Plaintiff's deadline to ...

Excerpt: ...n, M.D., and Adam M. Wegner, M.D.'s (collectively, “Defendants”) demurrer to Plaintiff Robert DaRosa, Kathleen DaRosa, Lindsay DaRosa, and Jacob DaRosa's (collectively, “Plaintiffs”) Second Amended Complaint (“SAC”) is sustained, without leave to amend, as to the Second and Sixth Causes of Action, and sustained with leave to amend as to the Fifth Cause of Action. Plaintiffs allege claims for elder abuse, intentional infliction of emot...

Excerpt: ...otice is granted, except as to item 7. 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 ...

Excerpt: ...ustee of the Ortiz Family Living Trust (erroneously sued as Ortiz Family Living Trust), Frank A. Wolfe as Trustee of the 2000 Wolfe Family Trust (erroneously sued as 2000 Wolfe Family Trust), Beverly A. Smallfield, and Stan Kurz' (collectively, “Defendants”) motion for summary judgment or, in the alternative, summary adjudication is ruled upon as follows. Defendants' request for judicial notice is granted. In taking judicial notice of these d...

Excerpt: ...tes that due to his age and unfamiliarity with civil matters, he did not know how to respond to the requests for admissions. He attempted to respond in a timely manner but his response was not in the proper format. (See exhibit A) Defendant has attached his proposed responses as Exhibit B to the motion and seeks permission from the Court to serve these responses. Defendant filed his motion shortly after the Court deemed the requests for admission...

Excerpt: ...ice to quit on Plaintiff. Plaintiff did not voluntarily vacate the premises within three days (UMF 5). On August 14, 2015, defendant changed the locks to Mr. Hamann's apartment. (UMF 6) Defendant never filed an action for unlawful detainer nor obtained a court order for possession of the premises. (UMF 7) Defendant did not comply with Civil Code section 1951.3 which governs abandonment of premises. (UMF 8) Plaintiff alleges a 1st cause of act...

Excerpt: ...'s mother. Plaintiff Casey Woodbury is decedent Helen Woodbury's Son (FAC ¶ 1.) REGENTS, Dr. Pouria Kashkouli, Dr. Kimberly Hardin, and Dr. Richart Harper are healthcare providers. (FAC ¶¶ 9,11). Mark Vanderlinden is the risk manager for UC Davis Medical Center. (FAC ¶10) The FAC alleges a claim for punitive damages, in violation of CCP 425.13. The FAC also includes an improper request for expert coasts as well as "for the lost of...

Excerpt: ...n, judgment was entered for NCCS. NCCS then levied Plaintiff's bank account to satisfy the judgment and obtained $24,146.77. NCCS then filed an Acknowledgment of Satisfaction of the judgment. Thereafter, on September 4, 2015, the Court granted Plaintiff's motion to set aside the judgment based on Plaintiff's attorney's affidavit of fault. However, NCCS did not return the money it had previously obtained in executing on the judgment and the court ...

Excerpt: ... Emotional Distress, but is OVERRULED as to all other causes of action. This case presents a business dispute. In its complaint, Alhambra alleges that it repurchased its stock from Defendant and Cross‐Complainant Martinez, but the latter breached the Stock Purchase Agreement (“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 Alh...

Excerpt: ...atters. *** Defendant East Eagle, LLC's ("East Eagle") demurrer to Plaintiffs Ezatullah Gulam (“Eza”) and Zinatulla Gelaman's (“Zin”)(collectively “Plaintiffs”) Third Amended Complaint (“TAC”) is ruled upon as follows. Overview This case arises from a joint investment in a grocery store and restaurant. Plaintiffs allege that in early 2015 they were approached by co‐defendant Mohamad Aalemkhiel's (“Mohamad”) to pa...

Excerpt: ...tending that he damaged their vehicle when he hit it while riding his motorcycle. Cross‐complainants had stopped to avoid hitting a police vehicle and Gutierrez then collided with cross‐defendants. Almost three years later, on June 22, 2018, the summons and cross‐complaint were mailed to Plaintiff's counsel's office. Adding five days for mailing, the Answer was due on or before July 27, 2018. Default was entered only one week later ...

Excerpt: ...udicial 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. Department of Consumer Affairs (2012) 204 Cal.App.4th 112, 120‐121.) 1. Overview In this action, Plaintiff Mountain F. Enterprises, Inc. (“Plaintiff”) alleges that AUI provided it with a proposal for workers' compensation coverage through the E...

Excerpt: ...suant to Cal. Code of Civil Procedure section 1033.5(a)(10), Cal. Code of Civil Code sections 1717 and 5975, and 42 U.S.C. 1988 in the amount of $35,000.00. The motion is made on the basis that Locke is the prevailing party on the appeal filed November 28, 2016 by Defendant Martha Esch in Appeal Case No. C082055. The 3rd District Court of Appeal entered a remittitur on August 7, 2018 after dismissing the appeal. The remittitur specifies that the ...

Excerpt: ...Detres"), separated, Detres executed a quit claim deed transferring all rights and interest in the property. The judgment of divorce was entered in March 2013, giving the property to Plaintiff. However, in November 2015, Detres and other individual defendants, coerced Plaintiff into signing a stipulation to sell the property. In July 2017, Detres obtained an order from family court directing the sale of the property. The individual buyer defe...

Excerpt: ...in the court on‐line filing system, CCMS. On November 25, 2015, plaintiff filed suit against defendants for damages arising out of his employment by defendants, contending they failed to pay him minimum wage and overtime. Plaintiff was employed by defendants as a caregiver in their commercial residential care facility for children with developmental disabilities. After mediation, the parties signed a stipulation for entry of judgment on April 2...