Excerpt: ...ement agreement and that the parties have been unable to execute a Final Settlement Agreement. Defendants move to seal: 1. The Notice of Motion and Motion 2. The Memorandum of Points and Authorities in Support Thereof; 3. Declaration of Matthew Borden and Exhibit 1 thereto; 4. Defendants' anticipated Opposition to the Motion and exhibits filed in support' 5. Plaintiffs' anticipated reply and all declarations and exhibits filed in support; 6. Plai...

Excerpt: ...ormer employment with Kenny G from January 2013 until her termination on April 2, 2018. Plaintiff filed the “Complaint ‐ Class Action” on May 15, 2019, alleging the following nine causes of action: (1) disability discrimination in violation of the Fair Employment and Housing Act (“FEHA”); (2) sex discrimination in violation of FEHA; (3) sexual harassment in violation of FEHA; (4) failure to prevent discrimination in violation of FEHA; (...

Excerpt: ...nd the manner to request a hearing. If Defendant is unable to contact Plaintiffs prior to hearing, Defendant is ordered to appear at the hearing. This action arises from a vehicle collision that occurred on December 11, 2019. Plaintiffs Dainn Blue‐Mallonee and Connor Mallonee, a minor, by and through his Guardian ad Litem, Dainn Blue‐Mallonee (collectively, “Plaintiffs”) filed their Complaint on April 2, 2021. The operative Second Amended...

Excerpt: ...at Defendant battered them on property that was owned, managed or controlled by other co‐defendants in this action ("Owner Defendants"). Plaintiffs did not serve Defendant with a summons and complaint. (See Declaration of Diligence, ROA 12.) The Owner Defendants filed a cross‐complaint for indemnity and declaratory relief against Defendant on 12/14/2020. (ROA 22.) The Owner Defendants served a summons and cross‐complaint on Defendant. (ROA ...

Excerpt: ... tentative ruling system, as required by Local Rule 1.06. Moving counsel is directed to contact opposing counsel and advise him/her 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 this lemon law action filed on May 9, 2022, Plaintiffs allege they purchased a “certifie...

Excerpt: ...ial Facts Support of Motion for Summary Judgment (ROA 167); and Declaration of Dominique A. Pollara in Support of Motion for Summary Judgment (ROA 168.) Defendants once again move to seal portions of the above documents because they include Plaintiff Domenica Manley's medical records and/or private medical information. Defendants previously moved to seal portions of their first motion for summary judgment (“MSJ”) filed on March 9, 2022. On Ju...

Excerpt: ...the District of Nevada (Case No. 21‐50397‐ nmc) is unopposed and granted. Factual and Procedural Background WHI commenced this action on September 24, 2019 against Elise Akers (“Akers”); Akers Bookkeeping and Taxes; RPR Customs, Inc.; and Akers Payroll Services. In essence, Plaintiff alleges Akers, in her role as bookkeeper for WHI, embezzled over $200,000 of WHI's money. On October 28, 2019, Akers Bookkeeping and Taxes, and Akers Family ...

Excerpt: ...he Implied Covenant of Good Faith and Fair Dealing, Promissory Estoppel, Negligence, Concealment, False Promise, Fraud, Negligent Misrepresentation, and Wrongful Foreclosure. The complaint arises from Plaintiff's attempt to obtain a loan modification from Defendant. Defendant demurs to the complaint on numerous grounds. It argues that Plaintiff fails to allege any facts showing that the HBOR applies because there are no allegations regarding the ...

Excerpt: ...en discovered. (Comp. ¶ 1.) The second paragraph alleges that the corporate defendants were doing business in California. (Id. ¶ 2.) The third paragraph alleges that the “Defendants, and with the permission of each other Defendant, negligently conducted themselves, and did negligently own, lease, operate, control, entrust, maintain, and repair a certain motor vehicle so as to cause the same to strike and injure Plaintiff on or about December ...

Excerpt: ...ed against Defendants. (ROAs 22‐23.) Defendants were not represented at that time. Plaintiff has a pending motion for judgment on the pleadings, interlocutory order, and appointment of partition referee scheduled for October 26, 2022. Plaintiff's motion for judgment on the pleadings is based on the matters deemed admitted. Defendants now seek relief from admissions pursuant to CCP §2033.300 on the grounds of “inadvertence, surprise, mistake,...

Excerpt: ...tember 20, 2021. (ROA 7.) The summons and complaint were served on “Baria Khattab, Wife” at 2821 Sedge Ct, Elk Grove, CA 95757. The proof service on Precision shows that Precision was substitute served on November 8, 2021. (ROA 30.) The summons and complaint were served on "'John Doe Manager" at 9250 Big Horn Blvd STE 100, Elk Grove, CA 95758. Khattab moves to quash the summons and complaint on the ground that Khattab was not properly served ...

Excerpt: ...e on defendants' anti‐SLAPP motion (Code Civ. Proc., § 425.16). The trial court only had jurisdiction to thereafter entertain a motion brought by defendants for attorneys fees and costs.” (Law Offices of Andrew L. Ellis v. Yang (2009) 178 Cal.App.4th 869, 881.) A plaintiff cannot avoid fees by dismissing the action after an anti‐SLAPP motion is filed in the event the motion would have been granted. The Court retains jurisdiction to enterta...

Excerpt: ...th of their contents. (Sosinsky v. Grant (1992) 6 Cal.App.4th 1548, 1566.) Background This is an employment gender discrimination, retaliation, whistleblower retaliation, and failure to prevent action. Plaintiff alleges that she was employed by Defendants as the Chief Information Security Officer for the UC Davis Medical Center. She alleges that she was wrongfully terminated after making informal and formal complaints regarding internal practices...

Excerpt: ...ing several defendants and Does 1 through 100. CalHFA was not named as a defendant. Plaintiffs filed their first amended complaint on May 30, 2017, their second amended complaint on September 7, 2017, their third amended complaint on January 28, 2019, and their fourth amended complaint on June 17, 2019. CalHFA was not named as a defendant in any of these complaints. In each complaint, Plaintiff generally alleges Defendants committed fraudulent tr...

Excerpt: ...fecting former non‐exempt employees of Defendant. Plaintiff seeks to compel a further response to Special Interrogatory No. 1, which requests Defendant identify nonexempt employees during the PAGA period. (Anderson Decl., ¶ 6, Exh. 1.) Plaintiff also requests sanctions in the amount of $7,060 for 5 hours of work incurred to prepare this motion at a rate of $700 per hour, an additional anticipated 5 hours for the reply and attending the hearing...

Excerpt: ...e Song‐Beverly Warranty Act and for fraudulent inducement. (See Complaint.) Plaintiff allegedly purchased a new 2017 Nissan Pathfinder (the “Vehicle”) from an unidentified “Seller” that was manufactured by Defendant. (Complaint, ¶¶ 4‐6.) Plaintiff alleges the vehicle failed to conform to warranties provided by Defendant. (Complaint ¶¶ 7‐35.) Plaintiff alleges there was a purchase agreement for the Vehicle that is in Defendant's ...

Excerpt: ...ictorville, California. In this case, Plaintiffs allege that certain funds, of which Plaintiff East West Bank is beneficial owner, were illegally transferred by Ms. Carpoff and/or her husband as part of a Ponzi scheme to Defendant Segal & Associates, PC. Ms. Carpoff purportedly authorized the fraudulent transfer of $5,000,000 invested by East West Bank in the Carpoffs' investment fund from the fund to the trust account of The Strauss Law Firm. Of...

Excerpt: ...alleges that she underwent a septorhinoplasty procedure on March 25, 2020 that was performed by Dr. Mabourakh. Plaintiff alleges that Dr. Mabourakh “carried out a substandard procedure that caused her multiple infections,” and that Dr. Mabourakh “failed to remove the stents from her nose which led to a staph Aureus infection.” (Complaint, Attachment to Cause of Action, p. 1.) Plaintiff further alleges that she had to undergo a second proc...

Excerpt: ...lina's Additional Facts and Supporting Evidence (“AMF”) (Seeds Decl., ¶ 2, Exh. A) is granted. Lexington's request for judicial notice of portions of the record incorporated by reference (Barron Decl., ¶ 20) is granted. This is an action for bad faith following an adverse verdict against Plaintiffs Elaine McDonald and Silva Trucking, Inc. (“Plaintiffs”) in an underlying action. Plaintiffs had a primary insurance policy with Carolina in ...

Excerpt: ...partment of Corrections and Rehabilitation (“CDCR”) as a non‐custody stationary engineer with duties that included maintaining and repairing mechanical systems at High Desert State Prison (“HDSP”) in Susanville, California. (SAC, ¶¶ 12‐ 13.) On May 1, 2020, as part of his job duties, Plaintiff intended to access the roof of an administrative building at HDSP that was located outside the secured perimeter and adjacent to an armed gua...

Excerpt: ... without redaction for attorney‐client privilege is DENIED. Defendant's request for judicial notice in support of its reply is granted. On September 20, 2021, Defendant served Requests for Production, Set Three, containing two RFPs, numbers 57 and 58, which seek communications between Plaintiff and two individuals. (Kitzes Decl. ¶ 5.) At issue here is RFP number 57, which seeks “ALL COMMUNICATIONS, including emails and text messages, between...

Excerpt: ...2017. Plaintiff worked in the Elk Grove OB/GYN department as a licensed vocational nurse. Plaintiff filed her original Complaint on June 12, 2018, and the operative First Amended Complaint (“1AC”) on August 21, 2018. The 1AC alleges causes of action for: (1) CFRA interference; (2) violation of Health and Safety Code section 1278.5; (3) adverse employment action in violation of public policy; and (4) defamation. Defendant moves for summary adj...

Excerpt: .... Moving counsel is directed to contact Plaintiff's 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 Plaintiff's counsel prior to hearing, moving counsel is ordered to appear at the hearing. Plaintiff's request for judicial notice in support of Plaintiff's opposition is granted. In taking judicial notice of these documents, the Court accept...

Excerpt: ...production of all responsive documents corresponding to those Requests; and to compel Defendant to pay monetary sanctions for its abuses of the discovery process. Plaintiff argues that FCA US's responses are deficient and that its objections to Plaintiff's discovery lack merit. Defendant opposes. Trial is currently set for March 21, 2023. In this Lemon Law action, Plaintiff alleges that her 2010 Dodge Charger vehicle, which was manufactured and d...

Excerpt: ...er to Dealer's Opposition, but did not file any of its own evidence in support thereof. Plaintiff's instant motion seeks: (1) to arbitrate the controversy pursuant to the grievance and arbitration provisions of Retail Installment Sale Contract ("RISC") between the parties, (2) an order for a stay pending the results of arbitration, (3) a request for costs and (4) an order for reasonable attorney's fees with respect to all work performed for the a...

Excerpt: ...ued to Tropical Paradise Pools Spas and Backyard, a California Corporation (“Tropical Paradise”) as principal. (Declaration of Carlos E. Sosa (“Sosa Decl.”) ¶ 2.) The bond was issued pursuant to Business and Professions Code section 7071.6 and is in the penal sum of $15,000. (Ibid.) However, in this particular case, “[t] he maximum liability for all claims is $7,500 as provided for by the bond and by the Code[,] [a]s there are no homeo...

Excerpt: ...xt to each other. Plaintiffs allege that in August 2021, Bender began making defamatory statements about them. (Complaint, ¶¶ 7‐8.) Plaintiffs allege that Bender posted on the Nextdoor website that “Plaintiffs were ‘cooking with chemicals,' [and] stating Plaintiffs' behavior ‘resembles people on drugs.'” (Complaint, ¶ 10.) Bender also agreed “ with others' statements that such conduct related to creating/manufacturing drugs, and ot...

Excerpt: ...ively, “Plaintiffs”) per pursuant to CCP § 425.16 is UNOPPOSED and GRANTED. Defendants' request for judicial notice is granted. Factual and Procedural Background This action involves Plaintiffs' repeated attempts to sue the Sacramento Metropolitan Air Quality Management District (the “District”) and its employees and attorneys over the past two decades. By way of background, on August 11, 2020, this Court entered judgment against Plainti...

Excerpt: ...fs reside on 19 different spaces at the Community. Among other things, they assert causes of action seeking relief for nuisance under the Mobilehome Residency Law (“MRL”). Defendants move to compel 13 of the 32 plaintiffs to arbitrate their claims based on an arbitration provision contained in their respective lease agreements. The arbitration provision provides as follows: DISPUTE RESOLUTION PROCESS: To ensure speedy resolution of disputes, ...

Excerpt: ...st at the time oral argument is requested notify the clerk and opposing counsel of the causes of action that will be addressed at the hearing. The parties are also reminded that pursuant to local court rules, only limited oral argument is permitted on law and motion matters. *** Defendants Northland Group, Inc. (“Northland”), LVNV Funding, LLC (“LVNV”) and Resurgent Capital Services, L.P.'s (“Resurgent”) (collectively “Defendants”...

Excerpt: ...tiff initiated this action against Mr. Marsh and Marsh Property Solutions, LLC on July 7, 2021. (Androvich Decl., ¶ 3.) At some point thereafter, Plaintiff's counsel learned from defense counsel that Defendant would be asserting a sudden medical emergency defense. (Androvich Decl., ¶ 4.) Plaintiff subsequently served written discovery on January 14, 2022, which included a request for all of Defendant's medical records for the five years prior t...

Excerpt: ... 54 Cal.App.4th 216, 219; Nordlinger v. Lynch (1990) 225 Cal.App.3d 1259, 1271; Boyle v. City of Redondo Beach (1999) 70 Cal.App.4th 1109, 1114, fn. 2.) “If the complaint states a cause of action under any theory, regardless of the title under which the factual basis for relief is stated, that aspect of the complaint is good against demurrer." (Quelimane Co. v. Stewart Title Guaranty Co. (1998) 19 Cal.4th 26, 38‐39; Bagatti v. Dept. of Rehabi...

Excerpt: ... Plaintiff with written discovery requests, including Special Interrogatories (Set One) and Request for Production (Set One). (Lee Decl., ¶ 3.) On December 15, 2021, Plaintiff's former counsel requested an extension to provide responses by December 21, 2021. (Lee Decl., ¶ 4.) No responses were provided, and Defendant's counsel met and conferred with Plaintiff's counsel on December 29, 2022. (Lee Decl., ¶ 4.) On January 7, 2022, Plaintiff's cou...

Excerpt: ... the requirement to submit supporting evidence in a single compendium of evidence. (Cal. Rules of Court, rule 3.1350(c).) Further, the parties are reminded that one purpose of the requirements for a separate statement is to ease the burden on the Court. ( Security Pacific Nat. Bank v. Bradley (1992) 4 Cal.App.4th 89, 99.) In achieving this goal, responses to separate statements are required to unequivocally state whether a fact is disputed or und...

Excerpt: ...uses of actions against defendants challenging the foreclosure and seeks compensatory and punitive damages. (See ROA 236.) On March 31, 2022, Defendant served Plaintiff with form interrogatories, set one. After being granted an extension to respond, Plaintiff served responses and objections on May 26, 2022. On July 5, 2022, counsel for Defendant sent a meet and confer letter to Plaintiff's counsel related to several of Plaintiff's responses to th...

Excerpt: ...sition was conducted remotely via Zoom on two separate days: August 10 and August 23. During the August 10 session, Plaintiff's counsel attached three documents as exhibits and labeled them Exhibits A‐C. Exhibit B consisted of 252 pages of Plaintiff's medical records for her treatment with Dr. Siy. Exhibit C consisted of six pages of Plaintiff's employment records. These documents were provided to the court reporter to attach to the deposition ...

Excerpt: ...dant's motions raise the same issues. Thus, the Court rules on both motions in a single ruling, as follows. Background In this employment case, Plaintiff brings four causes of action under FEHA for (1) hostile work environment harassment; (2) retaliation; (3) discrimination; and (4) failure to prevent harassment, retaliation, and/or discrimination. Plaintiff is a Hispanic gay male with a disability and alleges he was harassed and discriminated ag...

Excerpt: ... Plaintiff's claims against them were barred by tribal sovereign immunity. (Acres v. Marston (2021) 72 Cal.App.5th 417.) Defendants also had a pending anti‐SLAPP motion which the Court declined to reach because the Court found it was moot as a result of its ruling on the motion to quash. Plaintiff's complaint arises from a previous action in the Tribal Court (the “Tribal Action”) of the Blue Lake Rancheria (“Blue Lake”). The Tribal Acti...

Excerpt: ...reply and finding no petition from respondent to vacate and/or correct, the Court now issues the following tentative ruling. Petitioner Swift Financial LLC's petition to confirm contractual arbitration award is ruled upon as follows. Although the notice of hearing provided notice of the Court's tentative ruling system as required by Local Rule 1.06(D), the notice does not comply with that rule in that it refers Local Rule 2.47 [pertaining to the ...

Excerpt: ...rd and remains viewable by the public. The same is true for the various account numbers found in the attachments to the Fernandez Declaration in opposition. Both counsel are reminded that such personal, private information should pursuant to CRC Rule 1.201 be redacted prior to filing with the Court. Factual Background Plaintiff is the sole surviving child of Curtis Mackey (the “Decedent”). Defendant is the Trustee of the Curtis Mackey, Jr. Tr...

Excerpt: ...controlled by defendant Phillip Chang (“Defendant”). The accident took place on November 1, 2019. Plaintiff filed his Form Complaint on September 3, 2021, alleging causes of action for general negligence and premises liability. The Complaint alleges Defendant directly and/or indirectly hired Plaintiff to help in the construction of the Subject Property. Defendant filed a Cross‐Complaint against Cross‐Defendant Juan Guzman (“Guzman”) o...

Excerpt: ... global settlement following mediation in May 2022 and although plaintiff's attorney filed with the Court on 5/19/2022 a “Notice of Settlement” (which resulted in the 7/12/2022 trial date being vacated), plaintiff subsequently “rescinded her acceptance” of the earlier settlement offer and now refuses to execute a formal “Settlement Agreement and Release.” The Court granted on 9/8/2022 plaintiff's attorney's motion to withdraw. CPS now...

Excerpt: ...t is 813 6th Street, Sacramento, California 95814. Plaintiff shall notify Defendant immediately. The notice of motion also fails to provide notice of the Court's tentative ruling system as required by Local Rule 1.06(D). Plaintiff is ordered to notify Defendant immediately of the tentative ruling system and the manner to request a hearing. If Plaintiff is unable to contact Defendant prior to hearing, Plaintiff is ordered to appear at the hearing....

Excerpt: ...of Good Faith Settlement Between Plaintiffs and Lethesia Guzman and the Estate of David Miranda is DENIED. Having denied the two motions, the Court GRANTS Defendants Lethesia Guzman and the Estate of David Miranda's Application for Determination of Good Faith Settlement. FACTUAL BACKGROUND For purposes of the Court's consideration of this motion, the Court provides the following background. This case involves multiple accidents that occurred in t...

Excerpt: ...ospital despite being “medically and legally eligible to be discharged. The complaint describes defendant Smedley as a “patient care advocate” who has “unreasonably and unlawfully advised” defendant Brennan “to ignore and refuse all safe discharge options offered…by Plaintiff.” In the moving papers, plaintiff argues that while defendant Smedley provided some factual information in his initial response to Form Interrogatory No. 15....

Excerpt: ... required by Local Rule 1.06. Moving counsel is directed to contact opposing counsel and advise him/her 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 by Zoom or by telephone. Factual Background This action arises out of plaintiff's prior employment by Spyglass, which oper...

Excerpt: ...judication. (Compare Code Civ. Proc. (“CCP”) § 437c, subd. (a)(1) with subd. (f)(1).) Judicial Notice Plaintiffs Carrie Ann Whitlow and Terry Whitlow's (“Plaintiffs”) request that the Court take judicial notice of the Court's June 11, 2019 Order denying Kia's demurrer to Plaintiffs' Complaint is granted. The remainder of Plaintiffs' request for judicial notice is denied as irrelevant. Evidentiary Objections The Court declines to rule on ...

Excerpt: ... 8 ½" x 11" sheet with hard paper or plastic tabs extending below the bottom of the page bearing the exhibit designation. Plaintiff Erika Paleny's (“Plaintiff”) request for judicial notice is granted. The Court does not rule on Defendants' evidentiary objections filed in support of the reply since they concern evidence deemed immaterial to decision on the motion. (Code Civ. Proc., § 437c, subd. (q).) Factual and Procedural Background This a...

Excerpt: ...e Accusation of Norcal Gold Inc., Andrew Avalos, Inna Inessa Chernioglo, and Beverly Kendall (DRE Case No. H‐6375 SAC) is granted. Plaintiff Juliet Sanchez (“Plaintiff”) filed the Complaint in this action on December 10, 2020, alleging the following six causes of action: (1) breach of contract; (2) breach of the implied covenant of good faith and fair dealing; (3) fraudulent misrepresentation; (4) fraudulent concealment; (5) latent defect (...

Excerpt: ...y indicates that it will grant final approval of the class action settlement conditioned upon further arguments to be made during the final fairness hearing. Although the Court anticipates that neither Plaintiffs nor Defendants will request oral argument, and while no class member indicated any intent to appear at the hearing, this does not relieve the parties from appearing at the hearing or otherwise render the instant ruling final in the event...