Excerpt: ...Tutto's motion, Hot Italian raised the argument that Tutto lacked the capacity to participate in this action because its current entity status is “FTB Suspended.” The California Secretary of State's online business portal did, at the time the opposition was filed, reflect that Tutto's status as “FTB Suspended.” (Hot Italian's RJN Exh. H.) California law provides that if a corporation fails to pay taxes, penalties, interests, or any liabil...

Excerpt: ... co‐ defendant Forever 21, LLC (“Forever 21”). The action against Forever 21 is stayed due to its bankruptcy filing. Plaintiff alleges that Forever 21 and Metro made defamatory statements that Plaintiff shoplifted merchandise from the store. She alleges that Metro “made the statement without actually seeing the Plaintiff” steal any merchandise therefore, making the statement unprivileged” and that the officer “made a malicious decis...

Excerpt: ...lated contracts were signed in Sacramento before a notary. Plaintiff demurs to the third, fourth, fifth, sixth, seventh, and eighth affirmative defenses on the grounds each fails to state facts sufficient to constitute a defense and fails to specify whether the contract or agreement referenced in the affirmative defense is a written or verbal contract. Plaintiff contends the affirmative defenses at issue all rely on a series of verbal representat...

Excerpt: ...of receiving it. The hearing date shall automatically be continued one week plus one court day for oral argument. The continuance date will always be an appearance required hearing so that Plaintiff need not request oral argument. The Litigation Coordinator shall make Plaintiff available, by COURTCALL, at 9:00 a.m. on the date of the continued hearing date, which will be March 20, 2020 to participate in oral argument. Defendant Dr. Daniel Jackson...

Excerpt: ...ituted as Plaintiff in November 2017. Jody Parks passed away on March 17, 2019 and Casey Darr, the son of George and Jody Parks was substituted in as he successor in interest on October 17, 2019. The order granting the motion to substitute successor in interest stated that Nate Parks was also a successor in interest and that he agreed in his declaration to the substitution of Mr. Darr as "the" successor in interest. (Minute order October 17, 2019...

Excerpt: ...to compel arbitration in lieu of answering the complaint. (Code Civ. Proc., §1281.7.) Plaintiff responded by filing a First Amended Complaint (“1AC”) on 6/25/2019. The 1AC “substantively changed the nature of [t]his action” from a class action seeking damages to a representative action under the Labor Code's Private Attorney General Act (“PAGA”). Ultimately, TDE's petition to compel arbitration was dropped from calendar because it ta...

Excerpt: ...ancy; (3) failure to prevent discrimination; (4) failure to accommodate; (5) failure to engage in the interactive process; (6) retaliation; (7) wrongful termination in violation of public policy; (8) violation of Labor Code § 1197.5; and (9) defamation. Defendants have presented evidence that on March 8, 2018, Plaintiff Tiffany Kamerman‐Kretzmer, D.O., a physician, ("Plaintiff') and Pediatrix Medical Group of California, A.P.C. ("Pediatrix") a...

Excerpt: ...aint. At that time, Defendants were in pro per. On July 12, 2019, John S. Sargetis of the United Law Center substituted into this action to represent Defendants. Defendants then filed their amended answer on July 17, 2019, and their second amended answer on December 23, 2019. Also on December 23, Defendants filed a cross‐ complaint without first obtaining leave of Court. Defendants' counsel, Mr. Sargetis, attests that he erroneously filed the c...

Excerpt: ...defendant Quattuor Construction company (“Quattuor”) rearended him in a company‐issued pickup truck. Plaintiff filed his action against Quattuor, et al. on July 14, 2017 (Wood v. Quattuor, et al., 34‐2017‐0021504.) It was later consolidated with this action, which was filed by plaintiff Maria Vargas against Quattuor, Ford, and others, on April 25, 2017. Trial is set for March 30, 2020. Plaintiff now moves for leave to file a first amend...

Excerpt: ...ty against Defendant Anu Arora ("Arora"). On January 27, 2020, following the granting of the motion for summary judgment, the Court entered the judgment in the amount of $128,198.95 for plaintiff against defendants. The order stated in part that "Plaintiff is the prevailing party and is entitled to attorney's fees and costs in an amount according to proof as allowed by law." (See ROA 43 and 44) Pursuant to the order finding plaintiff to be the pr...

Excerpt: .... (“CTI”) terminated Richard Brooks' employment as CTI's Chief Financial Officer on December 31, 2018. A dispute arose regarding the amount due to Plaintiffs as a result of the termination, as Plaintiffs owned shares of CTI stock valued at $8,666,000 at the time of his termination. (Brooks Decl. ¶¶3‐5.) On December 18, 2019, CTI and Plaintiffs entered into a settlement agreement (the “Settlement”) and a Stock Purchase Agreement, in wh...

Excerpt: ... they were deposed between April and June 2016 and because the depositions would be duplicative. Generally, once any party has taken the deposition of any natural person, including that of a party to the action, neither the party who gave nor any other party who received notice of the deposition may take a subsequent deposition of that deponent without leave of court. Pursuant to CCP § 2025.450(a), where a deposition notice has been properly ser...

Excerpt: ...tual Background Plaintiff's complaint purports to assert a single cause of action for conversion against both defendants. According to the complaint, when experiencing some marital problems in October 2018, Plaintiff gave her gold jewelry and some cash to Defendant Kaur for safekeeping at the latter's insistence. It is alleged in Paragraph 24 that when the personal property was handed over, Defendant Kaur and Defendant Sukhwinder “told Plaintif...

Excerpt: ...set forth in the ruling, the proof of service on the motion indicated that Defendant unsuccessfully attempted to personally serve Plaintiff [counsel's office] on November 27, 2020 and plaintiff was served by mail and email that same day. The Court noted that there was no notice in the Court's file indicating that any party agreed to accept service electronically but even if there were, service of the motion on November 27, 2019 was only 76 days b...

Excerpt: ...ermitted on law and motion matters. *** “Plaintiff's Motion Compelling Compliance to [sic] Request for Production of Documents, Set One, from Defendant Oakmont of Folsom, LLC and Request for Sanctions” is ruled upon as follows. The notice of motion does not comply with Code of Civil Procedure §1010 or CRC Rule 3.1110(a). Factual Background This is an elder abuse/neglect action which was commenced on 12/20/2018. On 4/23/2019 plaintiff served ...

Excerpt: ...e Court issued a further minute order on January 14, 2020, again continuing this matter on the Court's own motion to March 10, 2020, and again ordering the parties to appear before Judge Davidian in the Settlement Department to address the issues raised by this motion. The parties were ordered to appear on February 19, 2020. The parties appeared before Judge Davidian in the Settlement Department on February 19, 2020, but were unable to settle the...

Excerpt: ...reen light just prior to the collision. Plaintiff served a set of requests for production on defendant, asking for any and all statements given by defendant to her insurer or its employees. Defendant apparently responded to the two requests with objections asserting both the attorney‐client privilege and the attorney work product doctrine. Plaintiff now argues that neither objection is valid but even if the attorney‐client privilege applied, ...

Excerpt: ...yee pressure washing the entrance area at the front of the Winco store. After her fall she reported her fall to Winco and a Winco employee took a report. CityWide propounded a request for production of documents on Winco requesting surveillance videos and documents related to Plaintiff including any statements made by Plaintiff and any reports made by Winco. Winco agreed to produce a video and a photo in response to RFP 1. As to the other request...

Excerpt: ...n pursuant to this article for delay in prosecution except after one of the following conditions has occurred: (1) Service is not made within two years after the action is commenced against the defendant. (2) The action is not brought to trial within the following times: (A) Three years after the action is commenced against the defendant unless otherwise prescribed by rule under subparagraph (B). (B) Two years after the action is commenced agains...

Excerpt: ...ise its discretion and control over all proceedings relating to the litigation before it." (Johnson v. Banducci (1963) 212 Cal. App. 2d 254, 260) and thus retains discretion to continue hearings on motions, if it is based on a reasoned judgment (Forthmann v. Boyer (2002) 97 Cal. App. 4th 977, 984). Self‐represented Plaintiff Christopher Gustard filed a complaint for “declaratory and injunctive relief.” The gist of the complaint is premised ...

Excerpt: ... for Department 53 of the Sacramento County Superior Court is 813 6th Street, Sacramento, California 95814. Defendants shall notify Plaintiffs immediately. Additionally, the notice of motion does not provide notice of the Court's tentative ruling system as required by Local Rule 1.06(D). Defendants are ordered to notify Plaintiffs immediately of the tentative ruling system and to be available at the hearing, in person or by telephone, in the even...

Excerpt: ... and Housing Act (“FEHA”) and failure to accommodate in violation of the FEHA. The Regents' motion is DENIED. Request for Judicial Notice The Regents' request for judicial notice is unopposed and granted. Evidentiary Objections Pursuant to Code of Civil procedure section 437c, subdivision (q), the Court will only rule on the objections to evidence deemed material to its disposition of the motion. The Regents' evidentiary objections are ruled ...

Excerpt: .... Arnold are sustained. The Court notes that even if the objected to evidence was considered, it would not alter the Court's analysis. This action arises from injuries that plaintiffs Inessa Bailey (“Bailey”) and Fitchie allegedly received as a result of a traffic collision that occurred at the intersection of 19 th Street and Q Street in Sacramento on July 19, 2017, at approximately 5:00 p.m. Plaintiff Bailey has dismissed her Complaint agai...

Excerpt: ...ed settlement in a class action is fair. (Rebney v. Wells Fargo Bank (1990) 220 Cal. App. 3rd 1117, 1138.) The law favors settlement, particularly in class actions and other complex cases where substantial resources can be conserved by avoiding the time, cost, and rigors of formal litigation. (See Newberg on Class Actions 4th (4th ed. 2002) § 11.41 (and cases cited therein); Class Plaintiffs v. City of Seattle (9th Cir. 1992) 955 F.2d 1268, 1276...

Excerpt: ...on as required by CCP 430.41. The First Amended Complaint ("FAC") alleges that in April 2018, Mr. Gadbois and South Coast Heliocopters ("SCH") entered into an employment contract in which Mr. Gadbois agreed to perform services for SCH as a helicopter pilot and general manager in return for compensation in the form of wages and benefits. In late April 2018, SCH entered into a contract with CalFire through which SCH agreed to provide aerial support...