Excerpt: ...iffs Sonya Pauley, Zina Claunch, and Melani Pahota filed their complaint for medical malpractice and wrongful death on April 3, 2018, related to Decedent's pancreatic cancer. (ROA 1.) Plaintiffs allege that on or about August 16, 2016, Decedent was treated by Defendants. (Compl. ¶ 7.) Plaintiffs allege that Decedent was diagnosed with pancreatic cancer on March 3, 2017 (id. ¶ 8), but that the cancer was depicted on an MRI taken by Defendants on...

Excerpt: ... 46). Default was entered against Defendant on August 1, 2019. (ROA 84.) Plaintiff's proof of service of the third amended complaint on Defendant was filed on July 18, 2019. (ROA 82.) The proof of service states Defendant was served on Vasik Mohammed, who was authorized to accept service, on May 23, 2019, at 8600 Sepulveda Bldv. #5, North Hills, California 91343. (Id.) Defendant alleges that this service was ineffective. Defendant also moves to q...

Excerpt: ...per matter asserted in any pleading and the Court may strike out all or any party of any pleading not drawn or filed in conformity with the law. (See Code Civ. Pro. § 436 (a)‐(c).) A motion to strike challenges portions of a cause of action that are substantively defective on the face of the complaint. (PH II, Inc. v. Superior Court (1995) 33 Cal.App.4th 1680, 1682‐83; see also Code of Civ. Proc. § 437.) More specifically, a motion to strik...

Excerpt: ...ollowing relief: "Defendants request an order confirming no additional payments are due, the case is dismissed pursuant to the Settlement Agreement, and ordering removal of the Lis Pendens so that Defendants can proceed with refinance of the property as contemplated in the Stipulated Settlement." Defendants seek $2,156.25 for attorney fees for fees incurred in preparing this motion pursuant to the agreement. A settlement conference was conducted ...

Excerpt: ...ther sanctions including evidence, issue, and terminating sanctions. Plaintiffs served defendant with Requests for Production but received no response. On May 23, 2019, the Court granted plaintiff's Motion to Compel and set a deadline for Defendant to respond to the requests by June 3, 2019. Having still received no responses, the plaintiffs applied for an OSC re Contempt as well as monetary sanctions on July 31, 2019. On August 27, 2019 the Cour...

Excerpt: ...ore, it contends the seventh cause of action fails to state facts sufficient to constitute a cause of action (Code of Civ. Proc, § 430.10, subd. (e).) Defendant further contends the seventh cause of action, for Fraud by Omission, is uncertain, ambiguous, and/or unintelligible. (Code of Civ. Proc, § 430.10, subd. (f).) Finally, it contends the violates the Economic Loss Rule and thus fails to state facts sufficient to constitute a cause of actio...

Excerpt: ...fs Steven T. Swanson, David R. Swanson, and Luke Dedman's (together “Plaintiffs”) grandfather Salvin Swanson purportedly executed an agreement with Ms. Williams and her brother, Richard Dorman. Prior to the transaction, Mr. Swanson, Ms. Williams, and Mr. Dorman jointly held title to a commercial property in Sacramento (“the Property”). Mr. Swanson held a 50% interest, Ms. Williams held a 25% interest, and Mr. Dorman held a 25% interest. A...

Excerpt: ...ys' fees as a matter of law via contract or statute, and thus Plaintiffs' request for attorneys' fees in the TAC is improper and should be stricken. Defendant asserts that although not stated expressly in the TAC, Plaintiffs have separately stated that they will seek attorney fees pursuant to Paragraph 15 of the Sales Agreement between Dr. Wong and Defendant. Paragraph 15 is titled “Indemnity” and states in relevant part: “The Customer here...

Excerpt: ...18. No other extrinsic evidence can be considered. Ion Equipment Corp v Nelson (1980) 110 Cal.App.3d 868, 881. Therefore, the Court does not consider extrinsic evidence in ruling on whether a pleading is sufficient on its face. The Plaintiff filed a 36 page opposition on August 26. No opening or responding memorandum may exceed 15 pages, without advance court permission. CRC 3.1113 (d). No permission to exceed page limitations was sought or obtai...

Excerpt: ...r the death of Erica Hann under the theory of respondeat superior because its employee, defendant Rumberger, was acting in the course and scope of employment at the time of the fatal accident. In this wrongful death action Tyler Rumberger fatally injured Erica Hann at approximately 11:44 a.m. on April 24, 2018. Rumberger was driving has 2017 Ford F150 pick‐up truck and hit Hann as she was crossing Grasslands Drive within the north cross‐walk ...

Excerpt: ...that Jade Nicole is a registered process server. The summons given to Mr. Hardiman was left completely blank. That is, in section 1 of the summons, there was no indication in the notice to person served as to whether the service was made to an individual defendant or on behalf of another party. Further, there is no indication as to the manner of delivery. Subsequently, on or about May 2, 2019, Jade handed an identical set of papers to Greg Voetsc...

Excerpt: ...tiary objections are sustained for the reasons stated therein. Plaintiff notes that the motion was not timely served (16 court days plus four calendar days instead of five calendar days) however plaintiff has responded on the merits and the court will rule on the merits of the motion despite its untimeliness. See, e.g. Carlton v. Quint (2000) 77 Cal.App.4th 690, 696‐698; Cowan v. Krayzman (2011) 196 Cal. App. 4th 907, 918. This action arises fr...

Excerpt: ...barred pursuant to Maldonado v. Epsilon Plastics, Inc. (2018) 22 Cal.App.5th 1308. This is a wage and hour class action and representative Private Attorney General's Act (“PAGA”) action. In her third cause of action, Plaintiff Janelle Murphy (“Plaintiff”) alleges that Defendants violated Labor Code §226(a)(9) by not specifying all applicable hourly rates of pay and number of hours worked on the wage statements issued to Plaintiff and cla...

Excerpt: ...irected 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, along with the correct address for Dept. 53/54. 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. Both moving and opposing counsel failed to comply with CRC Rule 3.1110(b)(3)‐(4). Factual Back...

Excerpt: ...et for hearing on 10/2/2019 at 9:00 a.m., as follows. This putative class action was commenced by plaintiff on 5/21/2019. On 6/17/2019 DTE filed a petition to compel arbitration which Code of Civil Procedure §1281.7 permits to “be filed in lieu of filing an answer to a complaint.” Notably, DTE's petition also included an explicit request to stay proceedings pending the Court's ruling on the petition to compel arbitration as permitted by Code...

Excerpt: ...CA”) based upon allegations that defendants Kaiser Foundation Health Plan, Inc. (“Kaiser”) and KP Cal were over billing Medi‐Cal by millions of dollars per month. Specifically, Plaintiff alleges Defendants were collecting monthly insurance premiums from Medi‐Cal for patients who Defendants were already receiving monthly insurance premiums for, from another source. Plaintiff has also alleged personal claims for breach of contract, breach...

Excerpt: ...t to specific evidence which is claimed to show the existence or non‐existence of a triable issue of material fact. *** Defendant California Department of Water Resources' (“DWR”) motion for summary judgment/adjudication is ruled on as follows. Moving counsel failed comply with CRC Rule 3.1350(b) and (h), requiring that issues presented for summary adjudication be stated in the notice of motion and repeated verbatim in the separate statemen...

Excerpt: ...aina Mensah‐Paul alleged causes of action against Defendants Calfox, Inc., et al. for negligence and premises liability in connections with injuries she sustained when she allegedly tripped and fell on a curb in Defendants' parking lot. The Court issued a tentative ruling granting Defendants' motion for summary judgment. Plaintiff did not file a written opposition to the motion. However, she appeared at the May 30, 2019 hearing and the Court to...

Excerpt: ...ion arguing insufficient notice of the motion was provided, but this argument was not raised in the memorandum in opposition and Cross‐Complainant provided a substantive opposition, thereby demonstrating no prejudice has been suffered due to any defective service. Therefore, the Court need not drop this motion for defective service. The Court also notes Cross‐Complainant miscalculated the opposition's due date as August 26, 2019. Nine Cou...

Excerpt: ... against a number of her properties in order to fund his cannabis business. Plaintiff alleges that various hard money lenders, financial institutions, escrow/title companies, and mobile notary services are liable for various causes of action with respect to the financial transactions. Nott is one of the mobile notary defendants. Plaintiff filed the SAC on June 18, 2019, alleging the following ten causes of action: (1) declaratory relief; (2) canc...

Excerpt: ...s not provide notice of the Court's tentative ruling system as required by with C.R.C., Rule 3.1308 and Local Rule 1.06(D). Local Rules for the Sacramento Superior Court are available on the Court's website. Counsel for moving party is ordered to notify opposing party immediately of the tentative ruling system and to be available at the hearing, in person or by telephone, in the event opposing party appears without following the procedure...

Excerpt: ...for Entry of Default and Judgment, counsel discovered that their client had recalled the file. Counsel failed to recall the default packet from the court and the court entered judgment on March 21, 2019. Plaintiff now states that the entry of default and judgment was in error and seeks to vacate both. Plaintiff presents this request for relief pursuant to Code of Civil Procedure section 473 (b), which provides that the court may, upon any terms a...

Excerpt: ...hich provides that a bank may only charge against a customer's account an item that “is properly payable from that account” meaning that it is “authorized by the customer and is in accordance with any agreement between the customer and the bank.” (Comm. Code § 4401(a).) Plaintiff alleged that Umpqua charged its account in the amount of $154,811.28 based on a check written to and signed by Corrine Rankin, who it alleged was not authorized...

Excerpt: ... failed to provide him commissions on certain jobs, and failed to provide him information to verify GCCR's commission totals. At issue on this motion are GCCR's responses to Plaintiff's request for production Nos. 7‐14 and 20 which relate payments to certain parties and scopes of work and other documents related to the calculation of Plaintiff's commissions. GCCR interposed the identical objection to requests 7‐14: “Objection. This request ...

Excerpt: ...f good faith and fair dealing, tortious breach of the implied covenant of good faith and fair dealing and “bad faith” in connection with allegations that Defendant failed to honor a vehicle theft insurance contract. Plaintiff alleges that her vehicle was stolen and that Defendant improperly denied her claim under the insurance policy. Defendant moves for summary judgment/adjudication. Trial was set for September 16, 2019, but the Presiding Ju...