Excerpt: ...1. Defendant seeks to compel contractual arbitration in accordance with the Synchrony Bank/Walmart Credit Card Agreement. When presented with a petition to compel arbitration, the initial issue before the court is whether an agreement has been formed. (American Express Co. v. Italian Colors Restaurant (2013) 570 U.S. 228, 233 [133 S.Ct.2304, 2306, 186 L.Ed.2d 417] [arbitration is a matter of contract]; Pinnacle Museum Tower Assn. v. Pinnacle Mark...

Excerpt: ...ant”) Motion to Compel Plaintiff Jonathan Billiet (“Plaintiff”) to Arbitration is DENIED. Plaintiff worked for Defendant from August 15, 2017 to May 19, 2018. On May 24, 2019, Plaintiff filed this action against Defendant, alleging violations of the Private Attorneys General Act of 2004, Labor Code section 2698 et seq. (“PAGA”), including meal period violations, rest period violations, and a failure to pay missed meal period premiums. D...

Excerpt: ... Demurrer to the Defendant May‐Han Electric Inc. dba M&M Electric's (“Defendant”) Answer is SUSTAINED with leave to amend. This action arises from an incident where an underground gas line exploded near Plaintiff's home, allegedly damaging Plaintiff's property. Plaintiff filed her Complaint on July 8, 2019, and Defendant filed its Answer on August 19, 2019. Defendant's Answer contains four affirmative defenses. Plaintiff argues that the dem...

Excerpt: ...Keven Terry and Karan Terry's Motion to Strike portions of the First Amended Complaint is granted as follows: The matter was continued to this date to allow the filing of a compliant meet and confer declaration that meets the requirements of CCP 430.41. The declaration filed by Nicholas Lazzarini meets those requirements. A motion to strike is appropriate to strike out any irrelevant, false or improper matter asserted in any pleading and the ...

Excerpt: ...39;s Motion for Summary Judgment is denied. Defendant Candalla's Evidentiary Objections to the late filed reply evidence are granted. Plaintiff seeks summary judgment against defendant Maria Candalla. In this action self‐represented Plaintiff alleges causes of action for professional negligence/medical malpractice and for violation of the Bane Act stemming from care he received while in the custody of the Sacramento County Sheriff's Dep...

Excerpt: ...ets' Motion to Amend Minute Order issued on August 20, 2019 to correct clerical error is ruled on as follows: On August 20, 2019 the Court issued a minute order awarding plaintiff $11,305 in attorneys fees. No request for oral argument had been made. The order became final. Moving party filed this motion within 10 days, contending that there was a clerical error in the math calculation to reach the amount of attorneys fees awarded. Vorobets s...

Excerpt: .... Additional information regarding this policy can be found on the Court's website at www.saccourt.ca.gov. Plaintiff Richard Smigelski's (“Plaintiff”) motion for an order requiring Defendants to send a corrective notice pursuant to this Court's March 11, 2016, and April 22, 2016 Orders is ruled upon as follows. Factual and Procedural Background Plaintiff filed this instant action on November 17, 2015. Originally, Plaintiff only asserted a sin...

Excerpt: ...efendant Becky Sunahara's Motion to Set Aside Default and Quash Service of Summons is denied. This matter was continued from September 4, 2019 after oral argument for further briefing. Plaintiff's supplemental opposition presents evidence that defendant responded to his May 2012 emails about the legal fees she owed him in excess of $12,000, therefore showing she was aware of the sums due for his legal services. Defendant told plaintiff sh...

Excerpt: ...iff Northern California Collective Service, Inc.'s (“Plaintiff”) motion to compel defendant the Shutter Source USA, Inc. (“Defendant”) to serve further responses to Plaintiff's request for production, set two, numbers 8, 13, 15, 17, and 18 is ruled upon as follows. Plaintiff is the assignee for collection for State Compensation Insurance Fund. Plaintiff's collection complaint, filed March 7, 2018, alleges two common counts for an open...

Excerpt: ...ccordingly, on or about July 15, 2019, Defendants issued subpoenas for Plaintiff's medical and employment records to determine the veracity of her claims and the nature and extent of her injuries. On July 23, 2019, Plaintiff sent Defendants' counsel a correspondence purporting to meet and confer regarding the subpoenas. Therein, Plaintiff stated that she would be "directing" all subpoenaed third parties to redact responsive docume...

Excerpt: ...ants Melinda Lorenz‐Anderson's ("Lorenz‐Anderson”) demurrer to Plaintiff Nancy Michaels' first amended complaint (“FAC”) is ruled upon as follows. Overview This case follows Plaintiff Nancy Michaels' promotion and subsequent demotion while employed by Co‐Defendant CalPERS. Plaintiff alleges that Lorenz‐Anderson, Plaintiff's coworker at CalPERS, obtained Plaintiff's confidential employment information and delivered it to ...

Excerpt: ... states facts sufficient to constitute a cause or causes of action against the defendant and the answer does not state facts sufficient to constitute a defense to the complaint." (C.C.P. 438(c)(1)(A).) The grounds for the motion shall appear on the face of the challenged pleading or from any matter of which the court is required to take judicial notice (CCP. § 438 (d) ). The Court properly takes judicial notice of the fact that defendant has...

Excerpt: ...able complaint under the California False Claims Act (“CFCA”). “The court shall limit the scope of discovery if it determines that the burden, expense or intrusiveness of that discovery clearly outweighs the likelihood that the information sought will lead to the discovery of admissible evidence. The court may make this determination pursuant to a motion for protective order by a party or other affected person.” (CCP § 2017.020(a).) “[...

Excerpt: ...h, and based on the purported lack of authorization, seeks indemnity and breach of fiduciary duty from Franklin. Defendant Franklin contends that he has already been determined to be plaintiff's agent, in a related action brought by the third party, Lonich, against Blakefield. Blakefield, as the alleged principal, alleges causes of action for Equitable Indemnity, Breach of Fiduciary Duty, and Tort of Another against Franklin, the his agent. I...

Excerpt: ...nterprise Co. (“HP”) and Yee‐Wee Chen Wang's (“Wang”) (collectively “Defendants”) motion for protective order is ruled upon as follows. This is a personal injury case involving a vehicle collision. Plaintiffs allege that Wang and, her employer, HP, are liable for their injuries. According to Defendants, moments prior the accident Wang was driving at or below the speed limit and was reasonably attentive to her surroundings when an un...

Excerpt: ...asons unknown, this Department did not receive Plaintiff's opposition to the demurrer or Defendants' reply thereto prior to the publication of the Tentative Ruling, both of which were timely filed. Desiring to consider the matter with the benefit of full briefing from all Parties, the Court vacated the tentative ruling and continued the matter to today's date. Plaintiff filed his Complaint on or about May 23, 2019,in propria personaal...

Excerpt: ...nating, issue, evidentiary and monetary sanctions against defendant Raptis and to compel the latter's further responses to special interrogatories and requests for production is GRANTED IN PART and DENIED IN PART, as follows. To the extent this motion seeks issue and/or evidentiary sanctions, moving counsel failed to comply with CRC Rule 3.1345(a)(7). Factual Background The facts of this case are well known to the court as a result of the inordin...

Excerpt: ... served Form Interrogatories (Set One), Special Interrogatories (Set One), and Requests for Production of Documents (Set One) on Plaintiff's counsel, Berg Injury Lawyers. Defense counsel granted multiple extensions for Plaintiff to respond. On March 11, 2019, the Court granted Frederick J. Sette's motion to be relieved as counsel. Since that date, Plaintiff has proceeded in pro per. Defense counsel continued to seek discovery responses from Plain...

Excerpt: ...t to invalidate the automatic 30‐day extension Defendants' obtained pursuant to CCP § 430.41(a)(2) and then affirm the defaults entered as to defendants Tanya Escay and Robert Rominski and issue an order that Plaintiffs “be allowed” to request entry of default on defendants Alan Feng, Louis Small, and Bobbie Delaney. In short, Plaintiffs “motion” is not a proper motion. Plaintiffs have not cited to any legal authority supporting the ba...

Excerpt: ...de her default entered July 10, 2014 and default judgment entered on April 23, 2015 pursuant to CCP 473.5 (no actual notice), 473(d), and the Court's inherent power to set aside a void judgment. She also moves to quash service of summons due to lack of jurisdiction under and CCP 418.10(a)(1). The proof of service of the registered process server states that defendant was personally served on May 8, 2014 at 140 Glenwood Cir., Roseville, CA 956...

Excerpt: ...ous disposition and possessed dangerous propensities in that the aforementioned dog had bitten, attacked, and/or injured other individuals, including but not limited to attacking/biting an individual in the one week prior to the incident, which JOSEPH had knowledge of. JOSEPH'S placement and exposure of the aforementioned dog around children and/or the public with knowledge of the prior attack(s)/bite(s) was outrageous, willful, malicious des...

Excerpt: ...e driver of one vehicle with Ms. Hurtado as his front seat passenger. Defendant Moreno was the driver of the other vehicle with his brother and two friends as passengers. Defendant attempted to make a U‐turn from the number two lane when his vehicle came into contact with Plaintiffs' vehicle, which was in the number one lane. On January 4, 2019, the February 11, 2019, trial date was vacated. The Court ordered that pursuant to the parties' stipu...

Excerpt: ...ecedent suffered a fall and a pressure ulcer while in defendant's care, as well as developed sepsis “as a result of an infectious process which developed as a result of deplorable, unsanitary conditions[.]” (Compl., ¶28.) In 2018 plaintiffs served an inspection demand by which they sought to inspect, measure, photograph and videotape defendant's facility, including the room which decedent occupied, the “general area where [the decedent] re...

Excerpt: ...in the SAC and attached thereto. In this PAGA action, Plaintiffs (product demonstrators at Costco Warehouses) contend defendants Club Demonstration Services, Inc. (“CDS”) and WDS failed to provide suitable seating at their workstations in violation of California law. On July 12, 2019, this Court granted WDS' motion for judgment on the pleadings on the ground plaintiff Christen Bare untimely exhausted and filed her PAGA claim and the First Ame...

Excerpt: ... causes of action: (1) FEHA age discrimination; (2) FEHA harassment; and (3) FEHA retaliation. Defendants demur to each cause of action on the grounds they fail to state facts sufficient to state a cause of action. Defendants also move to strike Plaintiff's claim for punitive damages. Defendants filed a single “demurrer and motion to strike” rather than a separate demurrer and a separate motion to strike. Accordingly, the Court addresses both...