Excerpt: ...��APPEARANCE REQUIRED” MATTERS. INDIGENT LITIGANTS MAY CONTACT THE DEPARTMENT CLERK IN DEPT. 54 BY 4:00 P.M. ON THE COURT DAY BEFORE THE HEARING TO ARRANGE FOR A CALL‐IN APPEARANCE. ANY QUESTIONS OR CONCERNS REGARDING COURT CALL OR A CALL‐IN APPEARANCE SHOULD BE DIRECTED TO THE CLERK IN DEPT. 54 BY 4:00 P.M. ON THE COURT DAY BEFORE THE HEARING. Plaintiff Sarah L. Dayaoun's Motion to Compel Further Responses to Interrogatories is DENIED. Pla...

Excerpt: ...PLY TO “APPEARANCE REQUIRED” MATTERS. INDIGENT LITIGANTS MAY CONTACT THE DEPARTMENT CLERK IN DEPT. 53 BY 4:00 P.M. ON THE COURT DAY BEFORE THE HEARING TO ARRANGE FOR A CALL‐IN APPEARANCE. ANY QUESTIONS OR CONCERNS REGARDING COURT CALL OR A CALL‐IN APPEARANCE SHOULD BE DIRECTED TO THE CLERK IN DEPT. 53 BY 4:00 P.M. ON THE COURT DAY BEFORE THE HEARING. Defendant Keith Hughes, M.D. moves for summary judgment of Plaintiff Terri Castle's cause...

Excerpt: ... TO “APPEARANCE REQUIRED” MATTERS. INDIGENT LITIGANTS MAY CONTACT THE DEPARTMENT CLERK IN DEPT. 54 BY 4:00 P.M. ON THE COURT DAY BEFORE THE HEARING TO ARRANGE FOR A CALL‐IN APPEARANCE. ANY QUESTIONS OR CONCERNS REGARDING COURT CALL OR A CALL‐IN APPEARANCE SHOULD BE DIRECTED TO THE CLERK IN DEPT. 54 BY 4:00 P.M. ON THE COURT DAY BEFORE THE HEARING. Defendant John Stewart Company's Special Demurrer to Plaintiff Jason Wong, as an aggrieved e...

Excerpt: ... WILL ALSO APPLY TO “APPEARANCE REQUIRED” MATTERS. INDIGENT LITIGANTS MAY CONTACT THE DEPARTMENT CLERK IN DEPT. 54 BY 4:00 P.M. ON THE COURT DAY BEFORE THE HEARING TO ARRANGE FOR A CALL‐IN APPEARANCE. ANY QUESTIONS OR CONCERNS REGARDING COURT CALL OR A CALL‐IN APPEARANCE SHOULD BE DIRECTED TO THE CLERK IN DEPT. 54 BY 4:00 P.M. ON THE COURT DAY BEFORE THE HEARING. Defendant CSAA insurance Exchange, Inc.'s demurrer to plaintiff Kyleigh Juar...

Excerpt: ...�APPEARANCE REQUIRED” MATTERS. INDIGENT LITIGANTS MAY CONTACT THE DEPARTMENT CLERK IN DEPT. 53 BY 4:00 P.M. ON THE COURT DAY BEFORE THE HEARING TO ARRANGE FOR A CALL‐IN APPEARANCE. ANY QUESTIONS OR CONCERNS REGARDING COURT CALL OR A CALL‐IN APPEARANCE SHOULD BE DIRECTED TO THE CLERK IN DEPT. 53 BY 4:00 P.M. ON THE COURT DAY BEFORE THE HEARING. Defendant County of Sacramento moves for summary judgment of the three causes alleged against it i...

Excerpt: ...ely, (2) to remand to the arbitrator with instructions that California Restaurant Mutual Benefit Corporation v. Gold Country Foods, Inc., American Arbitration Association case number 01‐18‐0004‐ 7001, be dismissed without prejudice and/or the award vacated without prejudice. On November 15, 2016, CRMBC's Board of Trustees voted to implement an assessment for fiscal years 2005 through 2015. CRMBC thereby levied the approved assessment amount...

Excerpt: ... claimed to show the existence or non‐existence of a triable issue of material fact. *** Defendant Accenture, Inc.'s motion for summary judgment or alternatively, summary adjudication of issues is ruled upon as follows. Both moving and opposing counsel failed to comply with CRC Rule 3.1350(g), requiring a single volume of evidence (including declarations) with a table of contents when the evidence exceeds 25 pages. The opposition papers were no...

Excerpt: ...nd advise counsel of Local Rule 1.06 and the Court's tentative ruling procedure. If moving counsel is unable to contact opposing counsel prior to the hearing, moving counsel shall be available at the hearing, in person or by telephone. Factual Background This action arises from an incident whereby plaintiff suffered injuries when struck by a concrete boom pump while he was working on a multi‐ employer construction site in Sacramento County. At ...

Excerpt: ...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. *** Defendant Alexander Asterlin's demurrer to pro per Plaintiff Shaun Smith's first amended complaint (“FAC”) is ruled upon as follows. Defen...

Excerpt: ...ble to depose this witness but has not moved for a continuance under CCP 437c(h). Plaintiff's FAC alleges the following causes of action arising out of her employment with CHP commencing in 2007 and ending with her termination in 2016: 1st cause of action Discrimination based on Disability (FEHA), 2nd cause of action Failure to Accommodate (FEHA), 3rd cause of action Failure to Enter into the Interactive Process (FEHA) and 4th cause of action for...

Excerpt: ...ntiff Kenneth Rogers (“Plaintiff”) filed this action on December 2, 2019 against defendants Larry Pilgrim, Donald Masuda, and Kenny Giffard (together, “Defendants”). This is Plaintiff's second lawsuit against Mr. Masuda and Mr. Giffard. On October 2, 2014, Plaintiff filed an action against Masuda and Giffard regarding their representation of Plaintiff in a criminal matter (the “Fraud Lawsuit”). (RJN Ex. 1.) Plaintiff alleged that Masu...

Excerpt: ...ase No. C1522785 in Santa Clara County Superior Court. Defendant was appointed as Plaintiff's defense counsel at his November 10, 2015 arraignment, and Defendant represented Plaintiff for approximately eight months until the court granted Plaintiff's application to remove Defendant as counsel on July 7, 2016. The prosecution of the underlying criminal case resulted in a no contest plea to one misdemeanor count of violating Penal Code section 417,...

Excerpt: ...ethod of resolving wage claims.” (Cuadra v. Millan (1998) 17 Cal.4th 855, 858.) Pleadings are limited to a complaint and answer. There is no discovery process. (Labor Code § 98, subd. (d).) Technical rules of evidence do not apply, and all relevant evidence is admitted “if it is the sort of evidence on which responsible persons are accustomed to rely in the conduct of serious affairs.” (Cal. Code Regs., tit. 8, § 13502.) Either party may ...

Excerpt: ...s follows. Defendants' Evidentiary Objections The Court declines to rule on Defendants' two evidentiary objections since the subject evidence is immaterial to disposition of the motion. (See Code of Civ. Proc., § 437c, subd. (q).) Factual Background This is an employment law action arising out of Plaintiff's employment as a phlebotomist with Sutter. A. Plaintiff's Employment Plaintiff began working for Sutter at Sutter Memorial Hospital in 2006....

Excerpt: ... If Plaintiff's counsel is unable to contact opposing counsel prior to the hearing, Plaintiff's 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). Plaintiff's motion for leave to file its proposed First Amended Complaint (“FAC”) is GRANTED. Evidentiary Objection DSS argues the Declaration of Plaintiff's counsel filed in s...

Excerpt: ...aw case, the Court granted Plaintiffs' motion to compel further responses to requests for production Nos. 2, 6, 8, 9, 12‐16, 21, 24, 26, 29, 32, 34, 37, 40, 42, 45, 48, 50 and 65. The Court ordered Defendant to provide further responses no later than February 14, 2020. The Court's order also indicated that documents asserted to be confidential, proprietary, and/or trade secret shall be produced subject to a stipulated protective order. Plaintif...

Excerpt: ...amed Defendants Live Nation Entertainment, Inc., House of Blues Concerts, Inc., Ace of Spades, LLC, and Ace of Spades as Defendants. Plaintiff alleges that he was assaulted by Defendant Mike Ness, the lead singer of the band. He alleges that security personnel employed by Defendants restrained him and assaulted him as well. At issue on this motion are Defendants' responses to Plaintiff's form interrogatories. All four Defendants responded to the ...

Excerpt: ...inent to the Court's decision on the instant motion are discussed below. Trial in this case was originally scheduled to commence on June 17, 2019. In May 2019, the parties participated in mediation and entered a stipulation on May 20, 2019 (the “May 2019 Stipulation”) to continue trial. At the time the May 2019 Stipulation was entered, discovery was closed, and the Vrame Defendants were represented by their former counsel, Porter Scott. The M...

Excerpt: ... complaint. According to the moving papers Defendant Reliance was served through an agent for service of process that who was no longer its agent at the time. It indicated that it only learned of the lawsuit when its insurance carrier contacted it. (Deol Decl. ¶¶ 4‐6.) As to Defendant Mathew Wolfe, he declares that while he used the subject address where he was purportedly served as a residence (homeless shelter), he was never served with the...

Excerpt: ...o Plaintiff in the cannabis industry. The CSA provides that any controversy between the parties “involving the construction or application of any provision of” the agreement shall be resolved by binding arbitration with JAMS. Plaintiff's causes of action for breach of contract, etc. all relate to the construction and/or application of the CSA. A written agreement to submit a controversy to arbitration is valid, enforceable, and irrevocable co...

Excerpt: ... The litigation coordinator shall provide the tentative ruling to plaintiff Silus Mardel Valson. Appearance is required on March 12, 2020. Plaintiff shall be available, by COURTCALL, to participate in oral argument on the continuance date. Plaintiff Silus Mardel Valson's (“Plaintiff”) motion to set aside and vacate the judgment sustaining defendant's demurrer pursuant to CCP § 663 is DROPPED. On December 6, 2019, this Court sustained defenda...

Excerpt: ...ara Lovenstein, by and through her successor‐in‐interest Robin Hutcheson, and Jean Charles' (collectively, “Plaintiffs”) “motion to resolve the issue of disqualification” is ruled upon as follows. This motion involves Plaintiffs' counsel, the Law Office, Ed Dudensing attorney‐at‐law (“TLO”) and TLO's hiring of Margaret Mallough as a legal secretary. TLO has hired Ms. Mallough, but she has not yet started working at TLO. TLO in...

Excerpt: ... February 20, 2020 hearing date is repeated below. Plaintiffs' Motion to Quash Deposition Subpoenas issued by defendant to Sutter Medical Foundation and Kaiser Permanente seeking plaintiff Alicia Tutt's medical records is granted. Plaintiffs seek damages for alleged personal injuries arising out of extensive mold found in their residence after the purchase. The defendant was the seller's realtor who readied the home for sale after the home was ci...

Excerpt: ... residence during his eviction the previous day. The incident occurred on November 28, 2012. Plaintiffs are decedent's wife, Tina Marcum, and son, Roy Steven Marcum. Plaintiffs' complaint was filed on November 25, 2014, and alleges causes of action for wrongful death on behalf of each of the Plaintiffs against defendants Joseph Francis Corey, Citibank, Tracy Ramirez, Sal Ramirez, and Does 1 through XX, inclusive. (ROA 1.) On June 7, 2017, Plainti...

Excerpt: ...ections to Cal Casualty's first set of written discovery, including special interrogatories, requests for production of documents, and form interrogatories. (ROA 7.) Dixon was ordered to serve the responses no later than December 31, 2019. Dixon has failed to comply with the Court orders and Cal Casualty now moves for terminating sanctions. For misuse of the discovery process, including as is the case here, disobeying a court order to provide dis...