Excerpt: ... public property while closing part of a roadway while a CDCR inmate crew worked on the sides of the road to perform weed abatement. Officer Nader Saca was supervising the crew at the time. Plaintiff Maria Luisa Hills walked on foot on the roadway, where she was subsequently struck by a car driven by Defendant Carolyn Vodoklys. Both the CDCR and the City claim the other party was responsible for providing traffic control at the scene of the accid...

Excerpt: ...which defendant DGS leased property located at 9855 Compagnoni Street, Bakersfield, California from Bakersfield CHP LP ("Lease"). Bakersfield CHP, LP, as owner and lessor, was to contract for the development of certain improvements on the property in accordance with the "Facility Design Program" and "Outline Specifications" provided by DGS and attached as exhibits to the Lease. CHP would occupy the improved property, paying lease payments beginni...

Excerpt: ...imum wages, failing to provide compliant meal period and rest periods and associated premium pay, failing to timely pay wages during employment and upon termination of employment, failing to provide compliant wage statements, failing to maintain requisite payroll records, and failing to reimburse necessary business expenses, and thereby engaged in unfair business practices under California Business and Professions Code section 17200, et seq. Plai...

Excerpt: ... has not included a department number in its notice of motion. The correct address for Department 54 of the Sacramento County Superior Court is 813 6th Street, Sacramento, California 95814. Plaintiff shall notify pro per Defendants immediately. This is a collection action based on a written loan agreement. The Complaint alleges that on March 3, 2017, defendants Mariama Jones and Sean Sensecall (together, “Defendants”) obtained a loan from Pla...

Excerpt: ...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 16, 2020, to participate in oral argument. *** If oral argument is reques...

Excerpt: ...toria McAdaragh's (“McAdaragh”) demurrer to Cross‐Complainant Sara Myer (“Trustee”), Trustee of the Anne C. Linggi Trust dated October 29, 2009's (“Trust”) cross‐complaint (“XC”) is ruled upon as follows. McAadaragh's and Trustee's requests for judicial notice are 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....

Excerpt: ...ion matters. *** Plaintiff/cross‐defendant Advantage Funding Commercial Capital Corp.'s (“Advantage”) demurrer to defendant Thandi Enterprises, Inc.'s (“TEI”) First Amended Cross‐Complaint (“1ACC”) is ruled on as follows. Both moving and opposing counsel failed to comply with CRC Rule 3.1110(b)(3)‐(4). Opposing counsel failed to comply with CRC Rule 2.111(3). Factual Background This litigation arises out of defendant TEI's separ...

Excerpt: ...mproperly deducted amounts from his commissions, failed to provide him commissions on certain jobs, and failed to provide him information to verify GCCR's commission totals. Plaintiff's commissions were based upon a percentage of the approved costs covered by the insurance companies, minus rebates and credits offered by plaintiff to induce homeowners to enter into the contract. For the third time, Plaintiff seeks further responses and production ...

Excerpt: ...tiff has indicated the incorrect address in the notice of motion. The correct address for Department 54 of the Sacramento County Superior Court is 813 6th Street, Sacramento, California 95814. Plaintiff's counsel shall notify defense counsel immediately. This is a wage and hour action. In the operative First Amended Complaint (“FAC”), Plaintiff alleges that Defendants Electric Tech Construction, Inc. (“E‐Tech”), Tim Pessin, and Justin B...

Excerpt: .... CSC alleged that GSOP breached a construction contract by not having adequate plans, failed to complete change orders, used unlicensed contractors, interfered with its performance and diverted work and payment to unlicensed contractors. (Comp. p.3 ¶ BC‐2.) CSC also alleged that GSOP breached the contract by failing to arbitrate the dispute pursuant to the provision in the contract requiring AAA mediation and them arbitration. (Comp. p.4 ¶ B...

Excerpt: ...bout September 2012 they purchased a 2013 Hyundai Elantra (“Subject Vehicle”). The Subject Vehicle was sold with a 5 year/60,000 miles bumper to bumper warranty and a 10 year/100,000 miles powertrain warranty. Plaintiffs allege that during the warranty period, the Vehicle contained or developed defects including but not limited to a defective engine. Plaintiffs allege that Defendant was unable to repair the defects after a reasonable number o...

Excerpt: ...tees of the Aiad and Hoda Samuel Family Trust (together, “Plaintiffs”) on December 20, 2011, alleging one cause of action for breach of contract against Brake Masters, arising from numerous alleged breaches of a commercial real property lease between Plaintiffs and Brake Masters. The lease contains an attorney fee provision. On January 25, 2016, after a five day bench trial, the Court found for Brake Masters in all respects, and on March 15, ...

Excerpt: ...ligent misrepresentation, cancellation of a voidable contract, violation of Bus. & Prof. Code § 17200, intentional misrepresentation, violation of Civil Code § 3294(c)(3), violation of Civil Code §§ 2924.12 and 2924.17, cancellation of written instruments, slander of title, quiet title, declaratory relief and injunctive relief. Plaintiffs allege that they obtained a mortgage from Paul Financial, LLC on March 20 2007 in the amount of $546,850....

Excerpt: ...rters. On February 21, 2020, this Court denied Plaintiff's motion to compel CDCR's further responses to certain Requests for Production seeking “Print‐outs of any and all CMS entries for Office of Internal Affairs Case No. H‐OIA‐ 005‐16‐A” and “Print‐outs of any and all CMS entries for Office of Internal Affairs Case No. H‐SEC‐003‐ 17‐D.” These are both investigations into Plaintiff. The Court denied the motion only on...

Excerpt: ...d 2 are also OVERRULED. Defendant does not object to the admissibility of the evidence, but the characterization thereof. However, the Court notes that the ruling on these objections is not dispositive to this motion. Overview On July 1, 2014, Plaintiff Timothy Fisher (“Plaintiff”), an employee of Painter's Plus, Inc., was working on the roof of a property located at 3291 Truxel Road, Sacramento (the “Property”). (UMF 1.) Plaintiff was pa...

Excerpt: ...iability) in pertinent part, "Plaintiff was lawfully on Defendants' premises, located at or about 4401 Broadway, Sacramento, California 95817, when suddenly and without notice, Plaintiff slipped and fell on an liquid substance, believed to have been a raw egg, that presented a dangerous condition. ..." (Id. p. 4). The Court very reluctantly considered Plaintiff John Cooks' opposition to the motion filed only six court days prior to the hearing an...

Excerpt: ...he first cause of action alleges (premises liability) in pertinent part, "Plaintiff was lawfully on Defendants' premises, located at or about 4401 Broadway, Sacramento, California 95817, when suddenly and without notice, Plaintiff slipped and fell on an liquid substance, believed to have been a raw egg, that presented a dangerous condition. ..." (Id. p. 4). The Court very reluctantly has considered Plaintiff John Cooks' opposition to the motion f...

Excerpt: ...ranty Deed with Vendor's Lien is GRANTED. Overview Plaintiff filed this action against Defendants on January 10, 2019. The operative First Amended Complaint (“FAC”) alleges 10 causes of action against Defendants for (1) disability discrimination, (2) disability harassment, (3) unlawful retaliation, (4) failure to prevent discrimination, harassment, and retaliation, (5) failure to pay wages, (6) unlawful retaliation for demanding wages due, (7...

Excerpt: ...ng 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 13, 2020 to participate in oral argument. Defendant Donald Masuda's (“Masuda”) Anti‐SLAPP ...

Excerpt: ... connection with a motion to strike. The opposing papers fail to comply with CRC Rule 3.1113(d)‐(f). Opposing counsel is advised that such non‐compliant papers may in the future be stricken by the Court. Factual Background This action arises out of a 2018 motor vehicle accident on Elkhorn Boulevard in Sacramento County. According to the complaint, defendant's vehicle collided with the rear of plaintiffs' vehicle “at a very high velocity,”...

Excerpt: ...ffs were prisoners incarcerated by the California Department of Corrections and Rehabilitation (“CDCR”) at the California Training Facility (“CTF”) at the time relevant to their claims. Plaintiffs Merrick and Garner indicate they have recently been released. Plaintiff Milton remains incarcerated at CTF. Plaintiffs filed this action on November 7, 2017, against defendants Yuland Mynhier, R. Steven Tharratt, M.D. and does 1‐50. The action...

Excerpt: ...rgument is permitted on law and motion matters. *** Plaintiffs' motion to compel defendant's further responses to form and special interrogatories is ruled upon as follows. The 41‐page moving memorandum of points and authorities fails to comply with CRC Rule 3.1113(d)‐(f). (Much of the memorandum's content belongs (solely) in the moving separate statement.) Opposing counsel failed to comply with CRC Rule 3.1110(b)(3)‐(4). Factual Background...

Excerpt: ...sition is untimely as it was filed only 7 court days before the hearing. Oppositions must be filed and served 9 court days before the hearing. CCP 1005(b). On March 2, Defendant objected to the opposition's untimeliness and requests the court not consider it. However, the court has nevertheless considered the opposition in ruling on this motion. In doing so, the Court observes that any requests for affirmative relief made in the opposition is imp...

Excerpt: ...on to Plaintiff's Exhibit C is OVERRULED. The Court notes, however, that Exhibit C was not relevant to or considered in the Court's analysis as discussed below. This action arises from a motor vehicle accident. On January 27, 2018, Plaintiffs were injured when defendant Victor Gray ran a red light and struck their vehicle. At the time of the accident, California Highway Patrol (“CHP”) officers were in pursuit of Mr. Gray for violation of the ...

Excerpt: ...ff Darrell Holcomb's complaint is ruled upon as follows. This is a personal injury action arising from dental work. Plaintiff is an inmate at Folsom State Prison. Plaintiff alleges that Defendants either negligently performed dental work or failed to properly treat an infection after the dental work. Plaintiff alleges he suffered nerve damage and facial paralysis. Plaintiff seeks compensatory and punitive damages. Defendants demur on the ground t...