Excerpt: ... issue in this litigation. Plaintiffs also asked for sanctions in the amount of $1,485, but later withdrew the request. The motion is ruled upon as follows. Plaintiffs' complaint alleges causes of action for elder abuse, NIED, violation of Patients' Bill of Rights, and wrongful death, related to the care of Gerard Follettie. Plaintiffs served their second amended notice of deposition of person most qualified from Crocus Holdings, LLC dba Rosevill...

Excerpt: ... is unable to contact defense counsel prior to the hearing, Plaintiff's counsel shall be available at the hearing, in person or by telephone, in the event defense counsel appears without following the procedures set forth in Local Rule 1.06(B). Plaintiff's motion under Code of Civil Procedure (“CCP”) section 473, subdivision (b), for (1) mandatory relief to set aside dismissal, and (2) permissive relief from order denying leave to amend is DE...

Excerpt: ...to federal court on October 30, 2018, and it was ultimately remanded by stipulation when Plaintiff filed a First Amended Complaint (“FAC”) removing her Title VII claim. Following remand, DHCS demurred to Plaintiff's FAC, and the Court sustained the demurrer as to four, of the then five, causes of action. Plaintiff filed a Second Amended Complaint (“SAC”), which added several new causes of action without leave of court. DHCS objected to th...

Excerpt: ...sault. In her FAC, Plaintiff alleges that on May 3, 2017, she sought medical treatment from defendant Derrick Mullin (“Mullin”), a Nurse Practitioner‐Furnishing (“FNP”), who was employed by Advanced Pain at the time. She alleges that Mullin represented himself as a doctor and examined her. During the examination, he “physically restrained her, groped her genitals and forcefully placing her hand on his erect penis to stimulate the same...

Excerpt: ...aw and motion matters. *** Defendants Kayvan Haddadan, M.D. (“Dr. Haddadan”) and Advanced Pain Diagnostic & Solutions, Inc.'s (“APDSI”) (collectively “Defendants”) demurrer to Plaintiff in Intervention Jane Doe's (“Doe”) First Amended Complaint in Intervention (“FACI”) is ruled upon as follows. Overview In this action, the named plaintiffs are Joanne Davis (“Davis”), Mariah Florez (“Florez”) and Mary Tovar (“Tovar”...

Excerpt: ...edit card action on June 26, 2019, alleging two causes of action for breach of contract and common count. (ROA 1.) Plaintiff was personally served with the Summons and Complaint on July 17, 2019. (ROA 6.) Default was entered against Defendant on August 23, 2019. (ROA 7.) The first time plaintiff received any communication from defendant through counsel was after the default was entered. Default judgment was entered September 18, 2019. On November...

Excerpt: ...no later than January 27, 2020. The Court also granted Defendant's motion to deem matters in its requests for admissions admitted and awarded $590 in mndatory monetary sanctions. Defendant presently seeks terminating sanctions on the basis that Plaintiff has not provided the Court ordered responses. For misuse of the discovery process, including as is the case here, disobeying a court order to provide discovery, the Court may impose a terminating...

Excerpt: ... is only one ground for a motion for judgment on the pleadings: "the complaint states facts sufficient to constitute a cause or causes of action against the defendant and the answer does not state facts sufficient to constitute a defense to the complaint." (C.C.P. 438(c)(1)(A).) The grounds for the motion shall appear on the face of the challenged pleading or from any matter of which the court is required to take judicial notice (CCP. § 438 (d) ...

Excerpt: ...udgment on the pleadings: "the complaint states facts sufficient to constitute a cause or causes of action against the defendant and the answer does not state facts sufficient to constitute a defense to the complaint." (C.C.P. 438(c)(1)(A).) The grounds for the motion shall appear on the face of the challenged pleading or from any matter of which the court is required to take judicial notice (CCP. § 438 (d) ). The Court properly takes judicial n...

Excerpt: ...f action against a variety of defendants, consisting of various individuals and entities, all of whom are alleged to have engaged in some form of misconduct and to owe money to ESF. ESF alleges that defendant Chris N. Vrame (“Vrame”), ESF's founder, and other Vrame Affiliated Defendants removed virtually all of ESF's endowment funds and loaned them to Vrame and the Vrame Affiliated Defendants. ESF alleges that the Vrame Affiliated Defendants ...

Excerpt: ...ngine Defects including, but not limited to, “excessive oil consumption; improper burning/consumption of abnormally high amounts of oil; premature failure of the engine balance chains; premature failure of the fuel pump plunger seal; fuel leaks into the crankcase; rough running of the engine; engine run‐on conditions; loss of power; rough idle; and/or stalling” which create a “serious risk of accident and injury” because engine failure ...

Excerpt: ... court of this state or (2) any court of record of the United States or of any state of the United States.”].) Sur‐reply The Court does not consider Plaintiff's “Reply to Defendant's Reply in Support of Defendant Demurre [sic] to Plaintiff's First Amended Complaint.” The Court did not request or authorize supplemental briefing in this matter. Factual Allegations and Procedural History This action arises out of Simas' representation of Pla...

Excerpt: ...aintiff cannot establish the essential elements of the following causes of action against Defendant San Juan Unified School District: her fourth cause of action for retaliation in violation of Government Code section 12940(h); her fifth cause of action for failure to prevent discrimination, harassment, and retaliation in violation of Government Code section 12940(k); her sixth cause of action for whistleblower retaliation in violation of Labor Co...

Excerpt: ...ber 12, 2019, ruling, Defendant previously moved to set aside the default and default judgment entered against her on March 2, 2009 on the basis that she was never served with the summons and complaint. This judge (J. Brown) denied the motion without prejudice on September 23, 2019. Defendant then moved to set aside the renewal of judgment on the basis that she did not receive notice of the Notice of Renewal filed on March 19, 2018. Defendant mad...

Excerpt: ...26 et seq. (“CUTSA”). Plaintiff alleges defendants Jeff Harrer and Joe Baldenweg obtained and used Plaintiff's trade secret information to contact and solicit Plaintiff's existing customer base to steal and take over Plaintiff's clients, customers, and existing business. The operative Second Amended Complaint (“SAC”) alleges a single cause of action for misappropriation of trade secrets against defendants Harrer and Baldenweg and the busi...

Excerpt: ...19. (ROA 129.) According to Plaintiff's proof of service, Defendant was served with the second amended complaint on December 30, 2019. (ROA 149.) Code of Civil Procedure section 583.210(a) provides that the summons and complaint “shall be served upon a defendant within three years after the action is commenced against the defendant. For purposes of this subdivision, an action is commenced at the time the complaint is filed.” (Emphasis added.)...

Excerpt: ...cipate 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 defendant California Department of Corrections & Rehabilitation's (“Defendant” or “CDCR”) demurrer to Plaintiff's First Amended Complaint without leave to amend. (ROA 38.) Judgment was enter...

Excerpt: ...July 29, 2017, in front of 7029 Amberwick Way. Plaintiff filed her personal injury form complaint on May 29, 2019, against the City and defendants Robert Moos and Karen Moos (the homeowners of 7029 Amberwick Way). Plaintiff alleges causes of action for general negligence and premises liability. The only cause of action alleged against the City is for premises liability on the basis of an alleged dangerous condition of public property. The City mo...

Excerpt: ...ble evidence which is claimed to show the existence or non‐existence of a triable issue of material fact. *** Plaintiff Northern California Collections Service, Inc.'s (“NCCS”) motion for summary adjudication is ruled upon as follows. Defendant's counsel failed to comply with CRC Rule 3.1350(h), specifying the format for the separate statement in opposition. To the extent the opposition purports to assert objections to evidence, defendant's...

Excerpt: ...iffs' complaint is ruled upon as follows. Although a meet‐and‐confer declaration did accompany this demurrer, defendants are advised that their declaration does not comply with the requirements of Code of Civil Procedure §430.41(a) which expressly mandates the demurring parties to meet‐andconfer “in person or by telephone” with the party filing the pleading that is the subject of the demurrer. Plaintiffs' counsel is reminded that the m...

Excerpt: ... hours of receipt. 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 the self‐ represented party need not request oral argument. The Litigation Coordinator shall make Plaintiff Clark available, by COURTCALL, at 9:00 a.m. on the date of the continued hearing date, which will be March 6, 2020, to participate in oral argu...

Excerpt: ...their contents. (Herrera v. Deutsche Bank Nat'l Trust Co. (2011) 196 Cal.App.4th 1366, 1375.) Plaintiff filed this non‐ judicial foreclosure action on October 31, 2018, alleging causes of action for breach of contract, violations of Civil Code sections 2923.6, 2924.11, and 2924.17, violation of Business and Professions Code section 17200 et seq., and negligence. Plaintiff alleges Nationstar should have provided her with a permanent loan modific...

Excerpt: ...ents. (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 judicially noticed, the truth of the matters asserted in those documents, including the factual findings of the judge who was sitting as...

Excerpt: ...gment is void. Pursuant to CCP 683.170 (a), the court may vacate a renewal of judgment on any ground that would be a defense to an action on the judgment itself. Plaintiff contends that he was never served with the summons and complaint and therefore the judgment is void. Filing the renewal application (and paying the appropriate filing fee) results in automatic renewal of the judgment. No court order or new judgment is required. The court clerk ...

Excerpt: ...consider at this hearing whether to dismiss the action or instead to issue the evidentiary/issue, and or monetary sanctions. Plaintiff was given until February 11 to file and serve opposition to the issue/evidentiary and monetary sanctions first requested in the Reply. Defendant was to serve a reply on the additional sanctions issue on or before February 19. Defendant's further briefing was to address whether plaintiff has complied with the order...