Excerpt: ...and approve any settlement of any civil action filed pursuant to this part." See Labor Code § 2699(1)(2). As with any settlement, the Court must be mindful in conducting its inquiry that "[s] ettlement is a compromise, which balances the possible recovery against the risks inherent in litigating further." See In re TD Ameritrade Account Holder Litig., 2011 U.S. Dist. LEXIS 103222, 24 (N.D. Cal. Sept. 12, 2011). Indeed, "the very essence of a set...

Excerpt: ...Brian F. Bolstad (“Plaintiff”), a duty of defense and indemnification in a civil action filed by Chelsea Hall against Plaintiff and his dentistry business (“underlying action”). In the underlying action, Ms. Hall alleges Plaintiff, without provocation, struck her unleashed 8‐year old Chihuahua on the head with a martial arts weapon, fracturing his skull and killing him. Ms. Hall alleges in the underlying action causes of action for conv...

Excerpt: ...he continuance date. Defendant Dr. V. Penmetcha's (“Dr. Penmetcha”) demurrer to self‐represented plaintiff and inmate Mervin Leroy (“Plaintiff”) is ruled upon as follows. Dr. Penmetcha's request for judicial notice is denied. Dr. Penmetcha requests judicial notice of two declarations: the Declaration of Nick Wagner, Custodian of Records for the Department of General Services, Government Claims Program (Exh. A) and the Declaration of Lin...

Excerpt: ...onse to a subpoena for production of documents issued in connection with a separate pending case, Alston v. Dr. Drennan et al., Sacramento County Superior Court Case No. 34‐2018‐00247179. (ROA 1.) Attached to the Complaint as “Exhibit A” is the deposition subpoena for the production of business records served on the Sacramento County Department of Health Services Correctional Health Services Medical Records Unit. (Compl., Exh. A.) The sub...

Excerpt: ...osing parties' counsel prior to the hearing, moving parties' counsel shall be available at the hearing, in person or by telephone, in the event opposing parties' counsel appears without following the procedures set forth in Local Rule 1.06(B). Defendants HBR, Inc. dba Hybrid Group Realty and Veniamom Bondaruk aka Ben Bondaruk's ("Settling Defendants") motion for determination of good faith settlement is GRANTED, as follows. The Court, in its disc...

Excerpt: ...tion. Decedent Bernice Butler was admitted to Defendant's facility on March 7, 2017. She passed away on July 10, 2017. The parties recently stipulated to vacate the trial date so that they could conduct further discovery. Plaintiffs move to compel 29 witnesses for deposition. These witnesses include 12 Certified Nurse Assistants, 14 Licensed Nurses, Defendant's Dietary Supervisor, Defendant's Staffing Coordinator, and Defendant's Director of Educ...

Excerpt: ...Defendant City of Folsom (“Folsom”) to produce Elaine Andersen and James Francis (collectively, “the Witnesses”) to answer deposition questions, and for sanctions against Defendant City of Folsom and its attorneys in the amount of $4,123.20. The motion is ruled upon as follows. In this action, Plaintiffs allege that the California Department of Corrections and Rehabilitation (“CDCR”), Folsom, and County of Sacramento created a dangero...

Excerpt: ...f's request for judicial notice is granted. This is an attorney malpractice action. Trial was originally scheduled for 7/23/2019. Defendants moved, pursuant to the parties' stipulation, to continue trial due to defense counsel's unavailability and Defendants' desire for additional time to obtain Plaintiff's medical records with the VA. Trial is now scheduled for 4/6/2020. No motion for summary judgment/adjudication has yet been filed. Defendants ...

Excerpt: ... Towers, Inc.; Gold Country Health Center, Inc.; Mayflower Gardens Health Facilities, Inc.; Stockton Congregational Homes, Inc.; RHF Management, Inc.; and Retirement Housing Foundation (collectively, “Moving Defendants”) move for summary judgment or, in the alternative, summary adjudication of Plaintiffs Gloria Single and California Long Term Care Ombudsman Association (“CLTCOA”)'s third amended complaint (“TAC”). The motion is ruled ...

Excerpt: ...17, Plaintiff, his mother, and older sister, were at the School to sign up for a summer science program. Co‐ Defendant Sacramento Municipal Utility District ("SMUD") employees were also at the School passing out free toys to all children present on the campus. SMUD employees gave Plaintiff a free "snap‐ bracelet." SMUD employees did not give Plaintiff or his mother any instructions or warnings as to the dangerous nature of the bracelet. The b...

Excerpt: ...2019, Plaintiffs filed this PAGA Complaint against Defendant. Plaintiffs allege a single cause of action for PAGA penalties based on Defendant's alleged failure to provide itemized wage statements in violation of Labor Code section 226. (Compl. ¶13.) Specifically, Plaintiffs alleged that Defendant provided wage statements that listed the overtime rates as lower than the base rates, when the overtime rates should equal 1.5x the base regular rate ...

Excerpt: ...) for allegedly producing mental health records in response to a subpoena for production of documents. Defendant Ms. Wainscott is a Medical Records Technician for the County of Sacramento, and has held this position for ten years. (Decl. Wainscott ¶ 3.) Plaintiff Alston seeks $15,000,000 in this action based upon the County of Sacramento's production of Alston's "mental health" records in response to Ms. Candalla's business records subpoena in t...

Excerpt: ... injured by carbon monoxide gas during their stay at one of Defendants' hotels. They filed this action in December 2017. In September 2019, Cross‐Complainants filed a Cross‐Complaint against Emerson and three other crossdefendants for indemnity, alleging that Emerson and the other cross‐defendants are wholly or partially responsible for Plaintiffs' damages because they “performed services, designed, manufactured, work and/or supplied mate...

Excerpt: ...g Jerritt, Franklin Fong, Jerry Fong, and Art Fong (together, “Plaintiffs” or the “Siblings”), against Samuel's son, Jason. It involves claims by the Siblings related to the estate and trust of Samuel, who is now deceased. There are four other related actions currently pending in this Court, all of which involve the Estate of Samuel Fong. In this Complaint, Plaintiffs allege that their parents previously created The Lily Company, a Califo...

Excerpt: ...urt. However, there is evidence in plaintiff's deposition that also supports the finding of disputed issues of material fact, and is cited, infra. On or about December 19, 2013, Plaintiff financed the Subject Property with a First Lien Loan. As evidence of the first lien mortgage loan. Plaintiff executed a Promissory Note (the "Note"), and concurrently executed a Deed of Trust (the "Deed of Trust") as security for the Note (the Note and Deed of T...

Excerpt: ... The facts are in dispute. As the traffic slowed, Rawlins rear‐ended Plaintiff Krystal Sharma's (“Plaintiff”) vehicle. Rawlins, in turn, asserts that he was struck by Galicia's vehicle. Rawlins claims that he fully stopped behind Plaintiff and only rear‐ended her because he was first struck by Galicia's vehicle. Galicia disputes that he rear‐ended Rawlins. Plaintiff filed this action against Rawlins in December 2018, and later substitut...

Excerpt: ...nce they concern evidence deemed immaterial to decision on the motion. (Code Civ. Proc., § 437c, subd. (q).) Overview The undisputed facts in this matter are set forth on pages 5‐6 of CAIC's motion and is CAIC's Separate Statement as follows: CAIC insured Davis Development Company, Inc. ("Davis") under policy number BA040000003225 from December 28, 2013 through December 28, 2014. (UMF 1.) The CAIC policy provided liability coverage of a combin...

Excerpt: ...ation which states that she provided him with a copy of her First American Policy in connection with obtaining a bid for the policy. (Upshire Declaration page 34) Plaintiffs' First Amended Complaint arises out of the denial by Allstate of a claim for vandalism to plaintiffs' rental property. Plaintiffs contend defendants were negligent for selling them the "Allstate Landlord's Package Policy" ("Policy") that did not include coverage for vandalism...

Excerpt: ...ion. Plaintiff's objection to the Bellizzi Declaration is overruled. An Amended declaration that complies with CCP 2015.5 was filed December 16, 2019, the day before the original hearing date. Defendant's Objection to the Declaration of Jared Walder, plaintiff's counsel, is sustained. Plaintiff's counsel has not provided a foundation for any expertise concerning his analysis of the metadata concerning the Dispute Resolution Agreement. All affidav...

Excerpt: ...eowners' policy with CAIS in an underlying action filed by QuantFaragasso against Mattos. CAIS seeks a judicial determination that its policy does not provide coverage or otherwise excludes coverage for the lawsuit filed by QuantFaragasso. The underlying action was filed by Quant‐Faragasso against Mattos on October 16, 2018 in Yolo County Superior Court (No. CV18‐1915) (the “Underlying Action”). The Underlying Action arises from Quant‐F...

Excerpt: ...ed by Local Rule 1.06. Plaintiffs are 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 plaintiffs are unable to contact opposing counsel prior to hearing, plaintiffs are ordered to appear at the hearing in person or by telephone. Overview This case arises from the treatment and 5/19/2015 death of Reverend Amaziah Altraide (“Decedent”)....

Excerpt: ...es that the abuse begin in 2015 and continued through March 2018. The instant motion involves SJUSD's response to Plaintiff's special interrogatory No. 10 which asked SJUSD to provide the identity and contact information for teachers, instructional aides, volunteers, or other assistants that were in the class taught by Beth Finkbeiner (the alleged abuser) during the 2015‐2016, 2016‐2017 and 2017‐2018 school years. SJUSD identified numerous ...

Excerpt: ...o form interrogatories‐construction litigation (set one). Plaintiffs' causes of action against Defendant were ordered dismissed. Plaintiffs now move for relief pursuant to the mandatory provisions of CCP § 473(b) based on their counsel's affidavit of fault. The Court declines Plaintiffs' request to strike Defendant's reply brief filed 3 court days prior to the hearing. While untimely, it attached the subject responses to discovery that have be...

Excerpt: ...l arbitration pursuant to a written arbitration agreement on June 18, 2019. Plaintiff opposed the motion, alleging Plaintiff never signed the subject agreement; Plaintiff does not understand English and the agreement was not translated so that Plaintiff could understand its contents; the arbitration agreement submitted by Defendants was not properly authenticated and was therefore inadmissible; and the agreement is not subject to the FAA because ...

Excerpt: ...e riding a go‐kart in February 2017. Defendant seeks to augment its expert witness list to add four of Plaintiff's treating physicians as non‐retained experts. Defendant asserts that these physicians were originally listed as Plaintiff's experts but were withdrawn by Plaintiff on November 20, 2019 after Defendant noticed their depositions. Defendant argues that it is important to depose these physicians because it learned that Plaintiff under...