Excerpt: ...abit”) duties to defend and indemnity Cross‐Complainants against Plaintiff Licia Ann Weiser's (“Plaintiff”) personal injury claims, as asserted in Cross‐Complainants' second cause of action for express contractual indemnity against Habit. The MSA is premised upon the language of the hold harmless provision contained within the lease between Cross‐Complainants and Habit. Cross‐Complainants' MSA is DENIED as follows. Evidentiary Objec...

Excerpt: ...e into the fairness of the proposed settlement. (Cal. Rules of Court, rule 3.769(g).) A presumption of fairness exists where: (1) the settlement is reached through arm's‐length bargaining; (2) investigation and discovery are sufficient to allow counsel and the court to act intelligently; (3) counsel is experienced in similar litigation; and (4) the percentage of objectors is small. (Newberg & Conte, Newberg on Class Actions supra, § 11.41, pp....

Excerpt: ...menced a nonjudicial foreclosure against the Subject Property (5746 Cada Circle, Carmichael, California 95608) by recording and serving a Notice of Default and Election to Sell Under Deed of Trust. (First Am. Compl. ¶ 41, Ex. 10; Req. for Judicial Notice Ex. D.) Plaintiff and Audrey Kolesnikova failed to cure their default and as a result Quality recorded the operative Notice of Trustee's Sale on April 8, 2019. (Compl. ¶36, Ex. 11; Req. for Jud...

Excerpt: ...for intentional misrepresentation which is not present in the FAC. Defendant contends that the cause of action for Fraudulent Concealment fails to provide critical facts such as (i) the identity of the person or who sold Plaintiffs the subject vehicle, (ii) whether Plaintiffs had any interaction with GM before they purchased the subject vehicle, (iii) GM's knowledge of the alleged "oil consumption defect," (iv) GM's intent to defraud Plaintiffs, ...

Excerpt: ...ice of Internal Affairs (OIA) headquarters. Defendant CDCR moves for a protective order precluding plaintiff from taking the depositions of: 1. Former CDCR attorney and General Counsel Benjamin Rice: 2. Former CDCR attorney and Chief Deputy General Counsel Stephanie Clauss: 3. Current CDCR attorney and Chief Deputy General Counsel Howard Moseley 4. Former CDCR attorney and Chief Counsel Christine Albertine CDCR seeks to prohibit these four deposi...

Excerpt: ...eir divorce and child custody proceedings. This Court previously granted Defendant's motion for summary judgment but that order was reversed in part by the Third District Court of Appeal as to the causes of action for invasion of privacy and IIED. Plaintiff is not claiming any bodily injury in this action though he does allege that he experienced significant emotional distress as a result of the use of his medical records. This Court previously g...

Excerpt: ...nversion, breach of oral contract, negligent misrepresentation and violation of Business & Professions Code § 17200. Plaintiffs allege that Defendant Murray Peterson, a resident of Sacramento County, convinced them to invest in diamonds. Mr. Peterson was Plaintiffs' financial advisor. Mr. Peterson allegedly told them that he had been in the diamond business with Defendant Adam Lowe, a resident of Florida. They did business as Peterson Lowe, LLC....

Excerpt: ...udice. However, as to all requests for production for which further responses have been served since the filing of the motion, defendants are ordered to produce the responsive documents they agreed to produce, no later than February 20, 2020. This action arises out of a dispute arising from an operating agreement concerning the operation of Lincoln Gateway Ventures, LLC (Lincoln). Plaintiff has a 20% interest in the LLC and defendant Vanir Group ...

Excerpt: ... his vehicle to El Pollo Loco to obtain food for a delivery assignment for DoorDash. Plaintiff asserts two causes of action against defendants Terry Carpenter (“Mr. Carpenter”) and DoorDash, Inc. (“DoorDash”) for (1) negligence, and (2) negligent hiring, selection, and retention. Prior to hiring a driver as delivery personnel for DoorDash, DoorDash has a background check on each driver performed by a company called Checkr. Mr. Carpenter's...

Excerpt: ...ode § 2802. The second cause of action is penalties pursuant to the Labor Code Private Attorney General Act of 2004 (Labor Code § 2698, et seq. “PAGA”) premised on alleged violations of Labor Code § 2802. Defendant moves to compel arbitration of Plaintiff's individual claim for violation of Labor Code § 2802 and stay the remainder of the action pursuant to an arbitration provision signed by Plaintiff. The U‐Haul Employment Dispute Resol...

Excerpt: ...of motion does not provide notice of the Court's tentative ruling system, as required by Local Rule 1.06. Moving counsel is directed to contact Plaintiff and advise of Local Rule 1.06 and the Court's tentative ruling procedure and the manner to request a hearing. If moving counsel is unable to contact plaintiff prior to hearing, moving counsel is ordered to appear at the hearing in person or by telephone. This action arises from a motor vehicle c...

Excerpt: ...s requests for judicial notice are granted. Plaintiff filed the complaint in this action on behalf of minor Skylar Wolf, alleging that Deborah and Joseph Russi, co‐trustees of the Kerner Family Generations Trust fbo Catherine L. Wissenback (“Trust”), wrongfully transferred trust assets to which Skylar Wolf was entitled. Defendant Burk was the attorney for the co‐trustees at all relevant times. Defendant Burk alleges that he never had an a...

Excerpt: ...as now received a sufficient meet and confer declaration, and this motion follows. Overview This action arises from an incident at a demonstration. Plaintiff alleges that while she was protesting at a March 31, 2018 demonstration, defendant Miguel Trejo, a Sacramento County Sheriff's deputy (“Deputy Trejo”), intentionally struck her with his patrol vehicle at the scene of a demonstration and then fled. Plaintiff filed her Complaint on April 2...

Excerpt: ...al Rule 1.06. Moving counsel is directed to contact opposing counsel and advise of Local Rule 1.06 and the Court's tentative ruling procedure and the manner to request a hearing. If moving counsel is unable to contact opposing counsel prior to hearing, moving counsel is ordered to appear at the hearing in person or by telephone. Defendant's request for judicial notice of the National Highway Traffic Safety Administration's database, accessible th...

Excerpt: ...laintiff has retained counsel. Accordingly, the Court now rules as follows on defendant City of Sacramento's (“Defendant”) demurrer to Plaintiff's First Amended Complaint (“FAC”). Plaintiff filed this action on February 21, 2019, alleging causes of action for breach of contract, fraud, and gross negligence against Defendant. Defendant demurred to each of these causes of action in the original complaint. On August 13, 2019, the Court grant...

Excerpt: ...medical negligence, (2) elder abuse , and (3) loss of consortium, against Dr. Chan and defendant Elizabeth Wasson, M.D. (“Dr. Wasson”). Plaintiffs allege that Mrs. Rivers, a 66 year old woman, was admitted to Mercy General Hospital on June 25, 2018 to undergo a consultation with an infectious disease doctor on June 26, 2018. They allege that “[A]t the point of [Mrs. Rivers'] admission, All Defendants had a substantial caretaking or custodia...

Excerpt: ...y General Act (“PAGA”) action. Plaintiff Robert Parsons, as an individual and on behalf of all others similarly situated, alleges that Defendant violated Labor Code §204(d) by failing to timely pay its employees. Plaintiff requests civil penalties pursuant to Labor Code §2698 et. seq. Defendant moved for judgment on the pleadings on the ground that Plaintiff failed to serve a demand on Defendant pursuant to Labor Code §211 prior to the fil...

Excerpt: ...Reyes, Roosevelt Properties, LLC, Property Management Agency, Inc. and Willie Vaughn (collectively, “Defendants”) alleging multiple habitability and housing violations. (ROA 1.) By this motion, Plaintiffs seek leave to amend to add allegations of conduct that occurred from July 29, 2019, through August 3, 2019. (DMN Decl. ¶ 8.) Trial is currently set for March 3, 2020. Specifically, the FAC would differ from the original complaint in the fol...

Excerpt: ... before the court, for settlement of the case, or part thereof, the court, upon motion, may enter judgment pursuant to the terms of the settlement. If requested by the parties, the court may retain jurisdiction over the parties to enforce the settlement until performance in full of the terms of the settlement.” Thus, CCP § 664.6 allows the Court upon motion to enter judgment pursuant to the terms of a settlement where the parties stipulated to...

Excerpt: ...he termination of Plaintiff's 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, and wrongful termination in violation of public policy. Plaintiff was previously represented by counsel, but has been self‐represented since January of 2019. (ROA 38.) Plaintiff has not conducted any discovery in this case or taken any deposi...

Excerpt: ...ging common counts, defendant filed an answer which included a general denial followed by 24 purported affirmative defenses. In this motion plaintiff now seeks to strike all but five of these affirmative defenses on the grounds they were asserted in violation of the standards found in Code of Civil Procedure §128.7(b)(2) and (3) and defendant, after being provided notice and opportunity, failed to withdraw these defenses. Plaintiff also requests...

Excerpt: ...t had the opportunity to respond to. The Court is not considering the late‐filed opposition, however the evidence before the court that was timely filed is sufficient to deny the motion to compel arbitration. Petitioner seeks an order under the California Arbitration Act (California Code of Civil Procedure §§ 1281 et seq.) compelling Respondent John Clark to arbitrate his wage and hour claims alleged in his Labor Commissioner Complaint (pursu...

Excerpt: ...rnia Code of Civil Procedure §§ 1281 et seq.) compelling Respondent Christopher Evans to arbitrate his wage and hour alleged in his Labor Commissioner Complaint (pursuant to California Code of Civil Procedure § 1281.2), and dismissing the Labor Commissioner hearing pending the completion of arbitration (pursuant to California Code of Civil Procedure § 1281.4). In the alternative, Petitioner requests a stay of the Labor Commissioner hearing pe...

Excerpt: ...ubmitted. Therefore, the undisputed facts remain undisputed. It bears noting that plaintiff's opposition wholly fails to comply with the summary judgment statute. Civil Procedure section 437c (b)(3) provides: The opposition papers shall include a separate statement that responds to each of the material facts contended by the moving party to be undisputed, indicating if the opposing party agrees or disagrees that those facts are undisputed. The st...

Excerpt: ... for two LLCs. He also alleges that he had a separate joint account with his wife, Carol Fauerbach, at the credit union. He alleges that on an unspecified date, he withdrew $20,000 from this "joint account" that he held with his wife and deposited it with another institution. Plaintiff alleges that defendant, at an unspecified date, wrongfully debited his LLC trust account ("trust" account) in the amount of $20,000 and put the funds into Carol's ...