Excerpt: ...atters. *** Plaintiff's (“Pitchess”) motion for disclosure of defendant Deputy Trejo's law enforcement files is ruled on as follows. The notice of motion does not comply with Code of Civil Procedure §1010 or CRC Rule 3.1110(a). Plaintiff's counsel again failed to comply with CRC Rule 3.1110(b)(3)‐(4). Factual Background This action arises from an incident occurring during a demonstration. The complaint alleges that an on‐duty County of S...

Excerpt: ...tiff was initially supervised by defendant Carroll and Linda Lambert, both of whom are alleged to have immediately commenced harassing plaintiff. Plaintiff alleges in Paragraph 12 that Lambert's harassment continued for many years but did finally stop in approximately September 2016, when Lambert was terminated “largely” as a result of plaintiff's complaints about Lambert. Lambert is not named as a defendant in this action but Paragraphs 13�...

Excerpt: ...greement (“APA”) with Defendant in April 2014. Plaintiff alleges that Defendant breached the APA and committed fraud by providing materially false financial information and financial statements regarding the operations of the business that was the subject of the agreement. Plaintiff also alleges that Defendant committed fraud in connection with a September 2014 Consulting Agreement when its owner Jacqueline Drum misrepresented the number of h...

Excerpt: ...mit without advance court permission. In opposition to Defendant's first demurrer Plaintiff filed a 36 page opposition without advance court permission. (CRC 3.1113(d).) Despite this, the Court considered the opposition in ruling on the demurrer. Plaintiff's counsel has for a second time failed to comply with CRC 3.1113(d). Despite this, the Court in its discretion has considered the entire opposition in ruling on this demurrer. The Court caution...

Excerpt: ...ant Fish & Wildlife; (2) trespass against the Conservancy; (3) private nuisance against the Conservancy; and (4) premises liability against the Conservancy. The complaint alleges the following. The Conservancy is a charitable environmental organization whose mission is to conserve the lands and waters on which all life depends. In 2014, the Conservancy constructed the Lower Consumnes River Floodplain Restoration Project (the "Project"), restoring...

Excerpt: ... matters. *** Defendant Sacramento Regional Transit District's ("SRTD") Demurrer to Plaintiff Susan Sa's ("Plaintiff") Second Amended Complaint ("SAC") is ruled on as follows. SRTD's request for judicial notice is 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.4th 543, 590; Steed v. Department of Co...

Excerpt: ... she invested a substantial part of her retirement savings with defendant Kevin Terry (“Mr. Terry”) and his LLCs. She alleges that she did not receive any of her investment back and that Mr. Terry drained the money and assets of the LLCs by paying himself, co‐defendant Karan Terry (“Ms. Terry”), and his related entities. Plaintiff filed a First Amended Complaint (“FAC”) on July 1, 2019, which added causes of action for violations of...

Excerpt: ...icipate in any oral argument on the continuance date. Defendant Jennifer Shaffer's demurrer to self‐represented Plaintiff Reginald Wheeler's First Amended Complaint (FAC) is sustained. The Court notes that Plaintiff's Opposition was not timely filed and served pursuant to Code of Civil Procedure section 1005(b). The Court, however, exercises its inherent and authority and discretion and has considered the Opposition, particularly in light of De...

Excerpt: ..., prior to being named as a defendant in this action, Defendant was diagnosed with Stage IV ovarian cancer. Defendant underwent surgery on May 9, 2019, and has been hospitalized periodically after the surgery due to complications from her diagnosis and chemotherapy. On August 26, 2019, Plaintiff served Defendant with written discovery (form interrogatories, special interrogatories, and a request for production of documents). Plaintiff granted Def...

Excerpt: ...pro per Renee Martin's motion for reconsideration of the Court's 11/25/2019 ruling on defendants Ocwen Loan Servicing, LLC, Deutsche Bank National Trust Company as Trustee for Long Beach Mortgage Loan Trust 2004‐3, Asset‐Backed Certificates, Series 2004‐3, and PHH Mortgage Corporation's (collectively “Defendants”) demurrer to the Second Amended Complaint (“2AC”) is DENIED, as follows. The notice of motion does not comply with Code o...

Excerpt: ... specific discovery requests that will be addressed at the hearing. The parties are also reminded that pursuant to local rules, only limited oral argument is permitted on law and motion matters. *** The notice 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 opposing counsel and advise him/her of Local Rule 1.06 and the Court's tentative ruling procedur...

Excerpt: ...nd Quest related to an IT Infrastructure Managed Services Enterprise Services Agreement (the "Agreement"). Quest alleges that after AR terminated the Agreement in October 2016, AR wrongfully retained possession of certain equipment. AR contends the parties' agreement allowed AR to retain possession of the equipment. Quest alleges numerous causes of action against AR for conversion and breach of contract, among others. AR filed a crosscomplaint ag...

Excerpt: ...essed at the hearing. The parties are also reminded that pursuant to local rules, only limited oral argument is permitted on law and motion matters. *** Factual Background This action arises from plaintiff's employment with defendant One Community Health (“OCH”). The operative First Amended Complaint, which spans 50‐plus pages excluding exhibits, asserts 15 individual statutory causes of action under the Fair Employment and Housing Act (“...

Excerpt: ...ng on October 24, 2019, in Department S302 of the Riverside County Superior Court. Defendant argues Plaintiff has now submitted an untimely request for judicial notice and declaration. The Court disagrees that the submission is improper. Plaintiff's request for judicial notice simply asks the Court to take judicial notice of the declaration he previously submitted in connection with the previous October 24, 2019, Riverside County Superior Court h...

Excerpt: ...ter Health”), and Christi Walsh's (“Walsh”) (collectively “Defendants”) demurrer to Plaintiff Juli Pywell's complaint is ruled upon as follows. Defendants' request for judicial notice is granted. Overview This is an employment discrimination, whistleblower, wrongful termination action. She alleges that Sutter Health and co‐defendant Sutter Valley Health (“SVH”) “all directly and indirectly employed plaintiff Plywell, as defined ...

Excerpt: ...and sent him home with pain pills and antibiotics. He proceeded home and started feeling cold. Once home, he started to shake and his roommate called 911. Plaintiff became unconscious and lost his pulse, he was revived using the paddles. He was transported to the hospital where he stayed until 8/16/2017. His medical records were released on 8/25/2017. He alleges that due to his inability to read and write, the medical records were reviewed and ex...

Excerpt: ... significant traumatic brain injury, among other injuries. Co‐Defendants Alcal Specialty Contracting, Inc., Rodrigo Espino Huerta and Pacific Coast Building Products, Inc. have noticed Plaintiff's deposition for January 28, 2020. Plaintiff moves for a protective order requiring that Defendant's attendance at the deposition be limited such that she is not in the same room as Plaintiff during his testimony. Plaintiff proposes that Defendant atten...

Excerpt: ...sed 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. *** Defendants Vivienne (“Vivienne”) and Richard (“Richard”) Yamamoto's (collectively “Defendants”) motion for summary judgment, or in the alternative, summary adjudication is ruled upon as follows. Overview Plaintiff Marcella Luna alleges that she received t...

Excerpt: ...t. Plaintiff agreed to make three installment payments and to execute a Modification Trial Agreement. Plaintiff agreed to file a dismissal of the entire lawsuit with prejudice within 5 business days of the execution of the settlement agreement. The parties also agreed that in the event of a breach of the agreement, the prevailing party to an action to enforce the terms of the agreement is entitled to reasonable attorneys' fees and costs incurred ...

Excerpt: ...f the real property involved in this partition action. The current tenant who owns 50% of the property remains on the property and is not cooperating with the receiver's attempts to sell the house. Paragraph 9 of the Court Order appointing the receiver provides that: "9. The Referee shall have the authority to enter the Property upon providing proper notice to the occupants and to evict any tenant or occupant of the Property in order to facilitat...

Excerpt: ...eges decedent Louise Chappell (“Decedent”) received substandard care at Defendants' skilled nursing facility. Defendants argue that Plaintiff is bound by the arbitration agreement (“Arbitration Agreement” or “Agreement”), which was signed by the Decedent's agent, Ms. Sanders, upon Decedent's admission to Defendants' facility. (Def. Ex. A; Sherman Decl. ¶¶3‐6.) It was not signed by Decedent. (Id.) The Arbitration Agreement states i...

Excerpt: ...e she was secured to a gurney in the back of an ambulance after suffering an epileptic seizure. Defendant has been charged and found guilty of crimes arising from the same incident, and he is currently challenging those findings on appeal in the 3rd District Court of Appeal (Case No. C088230). Defendant seeks to stay this civil action, and all discovery in this action, until the appeal is resolved, arguing that if the matter is remanded back to t...

Excerpt: ...ument, 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 complaint, Plaintiff alleges that in 2005 he was a 29...

Excerpt: ...Defendant to Produce Witnesses for Deposition, and (4) Motion to Compel the Deposition of Person Most Qualified and Request for Documents are ruled upon as follows. Plaintiffs move for a second time to compel further responses from Defendant to Plaintiff's Form and Special Interrogatories, Set One. At issue are 9 form interrogatories and 27 special interrogatories. Plaintiffs also move for a second time to compel further responses to 55 Requests ...

Excerpt: ...ice of motion does not provide notice of the Court's tentative ruling system as required by Local Rule 1.06(D). Moving defendant's counsel is ordered to notify Plaintiff immediately of the 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 employment and subsequent termination of Plaintif...