Excerpt: ...netary 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 that he serve verified responses on or before February 10, 2020. As of February 24, 2020, no new documents...

Excerpt: ...es due), 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‐ related expenses. Defendant denies any liability or wrongdoing of any kind. Plaintiff requests the following: Granting preliminary ap...

Excerpt: ...tled "Fraud (Negligent/Intentional Misrepresentations)," pursuant to CCP § 430.10(e) and (f), is SUSTAINED WITH LEAVE TO AMEND. The Court completely agrees with Defendants' assertion that Plaintiff has not come close to complying with his obligation to plead specific facts bearing upon each element of his fraud claim. See Lazar v. Superior Court (1996) 12 Cal.4th 631, 645 (allegations must identify the speaker, the dates of the statements, scien...

Excerpt: ...is is a PAGA representative action for failure to pay all wages brought by Plaintiff Ian Alvarado ("Plaintiff') against Defendant Lewis Operating Corp. ("Defendant") and for civil penalties pursuant to the Private Attorneys General Act of 2004 ("PAGA") for violations of the California Labor Code ("Labor Code"). Plaintiff commenced this wage ‐and‐hour case asserting three causes of action for failure to pay wages, unfair competition, and penal...

Excerpt: ...ance of the OSC to file a substantive response because the attorney who handled the matter is no longer with Plaintiff's counsel's law firm. The Court thereafter continued the matter to today's date to allow Plaintiff to file a substantive response. On February 10, 2020, Plaintiff filed a response simply indicating that it was dismissing the entire action. Plaintiff made no arguments that the case was not subject to the five year statute. However...

Excerpt: ...demurrer. IRSI must also file a declaration regarding the meet and confer efforts. Here, Defendant's counsel's declaration indicates that the parties met and conferred via email. Future meet and confer efforts pursuant to CCP 435.5 shall be done “in person or by telephone.” Plaintiff is also reminded that the meet‐and‐confer requirements of CCP §435.5 are not optional and s/he is required to participate in the meet‐and‐confer efforts...

Excerpt: ...ance date. Defendant David Poxon's unopposed demurrer to self‐represented Plaintiff Everett Spillard's complaint is sustained with leave to amend. The Court notes that Plaintiff filed a first amended complaint on February 18, 2020. However, effective January 1, 2016, absent a stipulation, a party may only amend a pleading as a matter of right in response to a demurrer no later than the date the opposition to the demurrer is due. (CCP § 472(a)....

Excerpt: ... matters. *** Defendants U.S. Residential Group, LLC, Providence Place Apartments, LP, and Positive Investments, Inc.'s (collectively “Defendants”) demurrer to Plaintiff Timothy Hayes' second amended complaint (“SAC”) is ruled upon as follows. Defendants' request for judicial notice is granted. I. Overview This is a personal injury action. Plaintiff alleges that on 9/12/2017, he was walking through Providence Place Apartments (“Apartmen...

Excerpt: ...on July 1, 2015 and has failed to make minimum monthly payments due and owing on the loan since that date. On January 6, 2020, the Court granted Plaintiff's unopposed motion for order deeming requests for admission admitted. (See ROA 14.) Plaintiff now moves for judgment on the pleadings based on these admissions. Specifically, the admissions state that Defendant received a loan from LOANME, INC., that she became delinquent on her payments, that ...

Excerpt: ...violation of California Government Code section 12940(a) for “pregnancy discrimination.” Specifically, Plaintiff alleges that in February 2018, while she was employed by Defendant as a server at Mimosa House, she became pregnant. She alleges that in June 2018, Defendant assigned Plaintiff to evening shifts that resulted in a substantial loss of income. Then in October 2018, Defendant demoted Plaintiff from a full‐ time server to a part‐ti...

Excerpt: ...o provide accurate itemized statements, failed to pay waiting time penalties, and violated the Unfair Competition Law (“UCL”), Bus. & Prof. Code § 17200. Plaintiffs further allege that Defendant is liable for civil penalties under the Private Attorneys General Act (“PAGA”). The parties engaged in informal discovery over the course of a year. They now seek preliminary approval of their settlement for the gross, non‐reversionary settleme...

Excerpt: ...”) was a passenger. (UMF 2.) Plaintiff was also in the vehicle with his brother, Ernani Elga, and sister‐in‐law, Rosemarie Alega, at the time. Plaintiff filed this action against Ms. Naz on April 10, 2017 in Fresno County Superior Court, and it was transferred to Sacramento County Superior Court on February 14, 2018. Plaintiff does not dispute that Ms. Naz was not the driver of the Toyota involved in the subject accident, and also does not ...

Excerpt: .... Petitioner's request for judicial notice is granted. Respondent has brought claims against Petitioner with the DLSE under the Labor Code for alleged unreimbursed business expenses. Lyft periodically updates its Terms of Service (“Terms”). Respondent consented to the Lyft's February 6, 2018 Terms on May 3, 2018. (Ayanbule Decl. ¶ 12.) Lyft released the updated February 6, 2018 Terms to drivers who had previously been approved to use the Lyf...

Excerpt: ...ively approve the employment of a legal secretary. 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 apparently she has not yet started working at TLO. TLO indicates Ms. Mallough will not begin work until this Court issues an order on this motion. By this motion, Plaintiffs seek “an order that the empl...

Excerpt: ...de at the time of hearing, the Court rules as follows on Plaintiff Richard Smigelski's (Smigelski) motion to compel further responses to form interrogatories, special interrogatories and document requests: Overview This is a putative wage and hour class action. Smigelski is the sole named plaintiff. The named defendants are PennyMac Financial Services, Inc., PennyMac Mortgage Investment Trust, and Private National Mortgage Acceptance Company, LLC...

Excerpt: ...he tentative ruling system and to be available at the hearing, in person or by telephone, in the event Plaintiff appears without following the procedures set forth in Local Rule 1.06(B). This action arises from the termination of Plaintiff David Goudie's (“Plaintiff”) employment by Defendant. Plaintiff filed the complaint on September 8, 2017, alleging causes of action for defamation, violation of Labor Code sections 98.6, 1102.5, and 6310, a...

Excerpt: ...iff Sherif Hakeem filed a class action Complaint in Alameda County Superior Court (“Hakeem I”) against defendant Universal Protection Service (“Defendant” or “Universal”). In that action, plaintiff Hakeem sought individual and class‐ wide damages and penalties for (1) unlawful failure to pay wages, (2) failure to provide meal and rest periods, (3) failure to provide accurate itemized wage statements, (4) failure to pay wages upon te...

Excerpt: ...rs. *** Defendant Thompson's demurrer to the Third Amended Complaint (“TAC”) and motion to strike the TAC's punitive damages allegations is ruled on as follows. Plaintiff's opposition was not timely filed or served and it also fails to comply with CRC Rule 2.111(3). It was, however, considered, by the Court. The Court notes that the contract attached as Exhibit C to the TAC contains plaintiff's social security number, which is therefore viewa...

Excerpt: ... Defendant has indicated the incorrect address in its notice of motion. The correct address for Department 53 of the Sacramento County Superior Court is 813 6th Street, Sacramento, California 95814. Defendant shall notify Plaintiffs immediately. Defendant's request for judicial notice on reply is GRANTED only as to exhibits G and H (Court documents), but DENIED as to the remaining exhibits, which consist of email communications between the partie...

Excerpt: ...anuary 14 and 15, 2020 before arbitrator William Diffenderfer located in Contra Costa County. Previously, respondent had requested arbitration in Los Angeles. At the last moment, after experts had been disclosed and the matter had been significantly prepared for arbitration, claimant's attorney requested to return to mediation. This mediation was unsuccessful and ended with Respondent's counsel leaving the mediation. (Declaration of Andrew C. Obe...

Excerpt: ...nable 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 petition under Government Code section 946.6 for leave to present a claim not timely filed is GRANTED. Overview On June 12, 2018, Plaintiff, a native Armenian with limited English language abilities...

Excerpt: ...ahed Harb approached slowing and stopped traffic from behind on west bound U.S. 50 at speeds in excess of 70 miles per hour, and that he intentionally failed to slow for the vehicles ahead and veered across 3 lanes of the highway without braking or slowing, then struck plaintiffs stopped vehicle from behind at 70 miles per hour. (See Judicial Council Form Complaint) Although there is no Exemplary Damages attachment to the Complaint, under Section...

Excerpt: ...sale after the home was cited as an illegal marijuana grow operation and allegedly failed to disclose the mold problems arising from the illegal operation. The subpoenas seek all of Plaintiff Alicia Tutt's medical records from the last ten (10) years. Plaintiffs contend the subpoenas are overbroad, and are not limited to the conditions put at issue in this lawsuit. Plaintiffs contend the subpoenas invade plaintiff's constitutional right of privac...

Excerpt: ... 50‐50 tenancy and common agreement. (See FAC ¶ 16) Defendants seek to expunge the lis pendens on the basis that the First Amended Complaint does not contain a real property claim. A "real property claim" as defined in Title 4.5, Recording Notice of Certain Actions, is "a cause of causes of action in a pleading which would, if meritorious, affect (a) title to, or the right to possession of, specific real property." CCP 405.4) A lis pendens may...

Excerpt: ...sentence of paragraph 6 of Parker White's declaration in support of Plaintiff's opposition are sustained. Discussion This is a premises liability (slip and fall) action. Plaintiff filed the Complaint on December 31, 2014. Five years from the original filing date was December 31, 2019. Defendant now moves for mandatory dismissal of the action since Plaintiff failed to bring the action to trial within five years. Plaintiff opposes the motion on the...