Excerpt: ...ated at 1413 Howe Avenue, Sacramento, California. On or about August 5, 2014, plaintiff New East Frontiers, Inc. (“Plaintiff” or “New East”) entered into a real estate purchase agreement with Jai Shri Ram Hospitality Group, LLC (“Seller”). (UMFs 2, 3.) Defendant MHS was a broker for Seller and acted by and through real estate broker defendant Story. (UMF 4.) Story is the President and sole shareholder of MHS. (Story Decl. ¶ 1.) Neith...

Excerpt: ...icial notice of the existence of each document in a court file, but can only take judicial notice of the truth of facts asserted in documents such as orders, findings of fact and conclusions of law, and judgments." (Bach v. McNelis (1989) 207 Cal.App.3d 852, 865.) YAN's objections to evidence are overruled. This action arises from a loan agreement YAN and La Posta entered into in connection with a casino project that ultimately failed and the jud...

Excerpt: ...tates Petroleum, Inc. (“Defendant”) from approximately July 2015 to April 2018. Defendant is a full‐service petroleum supplier. Plaintiff filed a class action lawsuit on April 27, 2018, on behalf of all current and former hourly‐ paid or non‐exempt employees who worked for Defendant within the State of California at any time from April 27, 2014, to final judgment. On July 11, 2019, Plaintiff filed a First Amended Complaint (“FAC”) t...

Excerpt: ...in a class action is fair. (Rebney v. Wells Fargo Bank (1990) 220 Cal. App. 3rd 1117, 1138.) The law favors settlement, particularly in class actions and other complex cases where substantial resources can be conserved by avoiding the time, cost, and rigors of formal litigation. (See Newberg on Class Actions 4th (4th ed. 2002) § 11.41 (and cases cited therein); Class Plaintiffs v. City of Seattle (9th Cir. 1992) 955 F.2d 1268, 1276; Van Bronkhor...

Excerpt: ...employee duty of loyalty, and injunctive relief. A First Amended Complaint was filed on August 1, 2019, alleging the same causes of action. Defendant demurred to the FAC. The demurrer was dropped as moot because a Second Amended Complaint (“SAC”) was filed on October 1, 2019. The operative SAC alleges claims for misappropriation of trade secrets, breach of the employee duty of loyalty, breach of contract, intentional interference with contrac...

Excerpt: ...18, asserting causes of action for auto accident negligence and general negligence against defendant TWT Express LLC (“TWT”). The complaint alleges that the truck driver, an employee of TWT, drove a truck forward while Plaintiff was performing mechanical work on the truck causing the truck to strike Plaintiff's head. On January 28, 2019, TWT filed its answer. (ROA 12.) On November 1, 2019, Plaintiff filed a Doe Amendment to name defendant Vic...

Excerpt: ...ifornia Public Employees' Retirement System (“CalPERS”) demurrer to Plaintiff Nancy Michaels' (“Plaintiff” or “Michaels”) Third Amended Complaint (“TAC”) is ruled upon as follows. CalPERS' and Plaintiff'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. Dep't of Transp. (1997) 15 Cal...

Excerpt: ...endants, Tahoe Moon Properties, Inc. and Alan Godlove, that the property was inadequately inspected and maintained prior to occupancy, and that as a result, accumulated ice and snow dislodged from the roof of the rental, striking plaintiff on the head and neck. (Complaint, paras. GN‐1 & Prem.L‐1.) Cross‐Complainant Tahoe Moon Properties, the property manager for the owner Godlove, cross‐complained against Plaintiff's wife, Darien Heron, b...

Excerpt: ...ule 2.31(C) Plaintiffs Realty Advisors, Inc.(RAI), The Lily Company, a California LLC, and Farmers Cattle Company, Inc. (FCC) filed a First Amended Complaint ("FAC") alleging claims for breach of fiduciary duty, aiding and abetting, Quiet Title to Real Property, Unjust Enrichment, Money Had and Received, and Conversion. Plaintiffs allege that decedent Samuel B. Fong, who was the former trustee of the family trust, raided the three family business...

Excerpt: ...g which time he received positive performance evaluations. During his employment with Defendant UC, Plaintiff informed his co‐workers that he suffered from depression, anxiety, ADHD, and Chronic Motor Tic Disorder. Side effects of his disabilities included depression and anxiety, scratching himself, talking, and other nervous physical tics. Plaintiff was accused by misconduct by a patient. After Plaintiff demonstrated to Defendants how his Chro...

Excerpt: .... Plaintiffs allege that defendants, who were hired as bookkeepers, stole more than $246,000 from plaintiffs in the form of checks that had been made payable to defendants. Defendants contend that after plaintiff's erroneously accused defendants of fraud, plaintiff resorted to "self‐help" measures by locking defendants out of their offices depriving them of their client files and filing a false police report. Plaintiffs served discovery on defe...

Excerpt: ..., Inc. and RTS Incorporated (together, "Defendants"). Plaintiffs worked for Defendants in California as courier independent contractors. Plaintiffs allege that Defendants' policies and practices resulted in Defendants' failure to provide Plaintiffs and the aggrieved employees with accurate itemized wage statements, lawful meal breaks, meal periods, and rest periods, overtime pay, wages owed upon separation, and also that Defendants violated Busin...

Excerpt: ...Dr. Elke Cooke, MD. Plaintiff ingested the medication in 2016, the same year that the medication was recalled by the defendant. The motion is granted as to 14, 15, 18, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33 and 34 (limited to construction in 2016), 35, 36, 37, 39,40, 41and 42 (limited to 2016 prescription retention and patient records) 43, 44, 45, 46, 49, 50, 51, 52, 53. The motion is granted as to 59, 60 ,61,and 62 however scope ...

Excerpt: ...dependant abuse action. Plaintiff filed the original complaint on October 26, 2018 and her first amended complaint (“FAC”) on February 25, 2019. The FAC alleges two causes of action against defendant Citrus Healthcare, Inc. dba Citrus Home (together “Citrus”) for (1) dependent abuse (Welfare & Institutions Code § 15600, et seq.), and (2) violation of the resident's bill of rights. Plaintiff alleges that she is a bed bound, non‐verbal, ...

Excerpt: ...e of the original complaint and/or the First Amended Complaint ("FAC"). Plaintiffs' newly retained counsel, Karen Goodman, notes in her declaration that she was unable to find a proof of service for the summons and complaint, or for the FAC, in Plaintiffs' file or on in the Court's file. (Goodman Decl. ¶3, Exs. 2, 3.) She asserts that this "was confirmed in conversations with defense counsel." (Id. ¶3.) Those pleadings were filed and purportedl...

Excerpt: ...s imposition of an administrative penalty of $318,000 on Plaintiff pursuant to Sacramento City Code sections 8.132.040(B) and 8.132.050, following the City's discovery of illegal indoor cultivation of 642 cannabis plants in a home owned by Plaintiff in Sacramento. The City's Code Enforcement issued the penalty on July 2, 2018, and the City's administrative appeals division affirmed the penalty on September 19, 2018. Notice of the administrative a...

Excerpt: ...d Petitioner as the contractor to construct the building. Petitioner seeks approximately $200,000 for construction work performed on the Project. The crux of the parties' dispute concerns causation/responsibility for various delays and disputed change orders on the Project as well as alleged construction defects. The matter was arbitrated from August 26, 2019 through August 29, 2019. Arbitrator Kenneth M. Malovos, Esq. awarded Petitioner $118,318...

Excerpt: ...luding the power sliding doors, Plaintiffs seek to compel Defendant to provide full and complete responses to certain requests for production (set one). Requests Nos. 1, 2, 4, 6, and 10 relate to the subject vehicle. Requests Nos. 11‐13, and 18‐20 relate to Defendant's investigations and analysis regarding the defects. Requests Nos. 3, 50, 55, 56, 92‐94 and 101‐103 relate to Defendant's compliance with statutory obligations. Defendant int...

Excerpt: ...ed at the hearing and the parties should be prepared to point to specific evidence which is claimed to show the existence or non‐existence of a triable issue of material fact. *** Defendant Sullyvan W. Tang, M.D.'s Motion for Summary Judgment is ruled upon as follows. This is an action for Wrongful Death (Medical Malpractice). Plaintiffs Maryjane Selvidge ("MaryJane"), Vincent Selvidge, Jr. ("Vincent") and Mavery Selvidge ("Mavery") (collective...

Excerpt: ...ties should be prepared to point to specific evidence which is claimed to show the existence or non‐ existence of a triable issue of material fact. *** Defendants Surendra Singh (“Singh”) and Ajay Kumar's (“Ajay”) (collectively “Moving Defendants”) motion for summary judgment or in the alternative, summary adjudication as to each of plaintiff in pro per's causes of action, is ruled on as follows. Defendant in pro per Rakesh Kumar's ...

Excerpt: ...anager of the visitor clubhouse during the 2014 and 2015 baseball seasons. Plaintiff alleges causes of action for, among other things, race discrimination and harassment, retaliation, wrongful termination, failure to pay wages, and failure to provide meal and rest periods. As it relates to Joseph Metz (“Metz”) and the Arizona Diamondbacks' (“Dbacks”), Plaintiff alleged causes of action for aiding and abetting FEHA violations, violation of...

Excerpt: ... Plaintiff shall be made available for oral argument, by CourtCall, on January 21, 2020 at 2:00 p.m. Defendant shall also be available to participate in oral argument on the continuance date. Defendant Scott Kernan's motion to require Plaintiff Alonzo Joseph to post security in the amount of $6,820 as a vexatious litigant before proceeding with this action is ruled upon as follows. Defendant's request for judicial notice is granted. In his compla...

Excerpt: ..., 2019. No trial date has been set. Plaintiff seeks leave to remove as a defendant the County of Sacramento and Sacramento County Sheriffs' Department pursuant to the Request for Dismissal filed on November 22, 2019 (ROA 206), to clarify general allegations pertaining to Doe defendants, alter ego, and successor liability, to add two new causes of action for fraudulent conveyance and conspiracy based on new facts recently discovered, to make non�...

Excerpt: ... In this action, Plaintiffs allege that the California Department of Corrections and Rehabilitation, Folsom, and the County of Sacramento created a dangerous condition of public property by closing a sidewalk and directing Ms. Hills to walk/pass into the roadway where she was struck by a car driven by defendant Carolyn Vodoklys. Correctional Officer Nader Saca was supervising the CDCR inmate work crew at the time of the incident. This motion to c...

Excerpt: ...d at 7500 Beech Avenue, Orangevale, California 95662. Christine alleges she is the true owner of the property. She alleges her ex‐husband, Michael Sparks (“Michael”) obtained fee simple titled to the property in 2003 and then transferred and assigned all rights in the property to her in 2019. Despite this, Christine alleges Michael and Nicholas served her with a 60‐day notice to vacate or quit. Christine alleges Michael and Nicholas claim...