Excerpt: ...licy Regarding Availability and Unavailability of Official Court Reporters. Additional information regarding this policy can be found on the Court's website at www.saccourt.ca.gov This matter was continued to this date from September 12, 2019. The parties were directed to meet and confer on a possible protocol for inspection of plaintiff's smart phones and computers. The Joint Statement filed September 20, 2019 states that the parties have be...

Excerpt: ...nt Corey Travis' motion for summary judgment or in the alternative, summary adjudication as against plaintiffs in pro per is ruled on as follows. 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 plaintiffs in pro per and advise them of Local Rule 1.06 and the Court's tentative ruling procedure and the manner to request a hearing. If moving co...

Excerpt: ...dant Wellspace Health's motion for summary judgment or in the alternative, summary adjudication as against plaintiff in pro per is ruled on as follows. Moving counsel failed to comply with CRC Rule 3.1350(b) and (h), requiring that issues presented for summary adjudication be set forth in the notice of motion and repeated verbatim in the separate statement. Moving counsel failed to comply with CRC Rule 3.1350(g), requiring a single volume of evid...

Excerpt: ... requested, the parties must at the time oral argument is requested notify the clerk and opposing counsel of the specific grounds for the motion 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. *** Plaintiff in pro per Taylor's third Motion for Judgment on the Pleadings is DENIED, as follows. Plaintiff's declaration in support of t...

Excerpt: ...ww.saccourt.ca.gov. *** *** If oral argument is requested, the parties are directed to notify the clerk and opposing counsel at the time of the request which of moving defendant's six (6) Undisputed Material Facts and/or which of plaintiffs' seven (7) Additional Material Facts will be addressed 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 iss...

Excerpt: ...row, LLC, Mitchell Lopez and David Siegl's (collectively “Kong Grow”) motion for determination of good faith settlement is granted. The parties' requests for judicial notice are granted. Plaintiffs California Gown, Green Wave Farm, and Green Wave, Inc. filed their complaint against Kong Grow and non‐moving Defendant Lopez AG Service, Inc., Jeremy Olen, Alfred Lopez, and Alfred Lopez, Jr. Plaintiffs allege causes of action for negligence, ne...

Excerpt: ...ees and costs pursuant to settlement agreement is ruled upon as follows. Overview This is a lemon law action. On July 2016, Plaintiff purchased a new 2016 Jeep Cherokee. The vehicle was delivered to Plaintiff with serious defects and nonconformities to warranty and developed other serious defects and nonconformities to warranty including, but limited to, various engine, transmission, steering/suspension, and structural defects. Plaintiff filed th...

Excerpt: ...laintiff Eli Aramouni's “motion for decree of involuntary dissolution of corporation [Corp. Code §1800] and appointment of receiver for winding up and liquidating corporate assets [Corp. Code §1803]” is denied, without prejudice as set forth below. Plaintiff's request for judicial notice is granted. In this action, Plaintiff filed his verified complaint against Defendant 1st Choice DVBE, Inc. (“1st Choice”) seeking involuntary dissoluti...

Excerpt: ...lan Gruenefeldt's unopposed demurrer to Plaintiff Casey Woodbury's third amended complaint is sustained without leave to amend. Plaintiff alleges two causes of action against Defendant for patient abandonment and NIED arising from connection with the treatment and care of his mother Helen Woodbury in April 2016. On June 3, 2019, the Court sustained Defendant's demurrer to these causes of action with leave to amend for failure to state facts suffi...

Excerpt: ...rget Corporation and Chris Nezbeth's motion for summary judgment, or in the alternative, summary adjudication, is ruled upon as follows. In this slip and fall action, Plaintiff Brandie Daniel alleges a cause of action for premises liability against Defendants. Plaintiff alleges that she was injured when she slipped and fell on a “wet substance” during an April 8, 2017 visit to a Target store on Fulton Avenue. Any party may move for summary ju...

Excerpt: ...tion subpoenas is ruled upon as follows. This is an action for negligence, sexual battery and battery between a high school teacher and his minor student. Trial has been continued three times. Trial was initially scheduled for 5/7/2018. Plaintiff moved to continue trial pursuant to the parties' stipulation. The Court granted the motion and rescheduled trial for 9/11/2018. The Court's order stated that “all the statutory deadlines, including dis...

Excerpt: ...at www.saccourt.ca.gov. Defendants Walter Dahl and Dahl Law's motion to strike portions of Plaintiffs Emily and Clinton Walker's first amended complaint (“FAC”) is ruled upon as follows. The parties' requests for judicial notice are granted. In this legal malpractice action Plaintiffs allege causes of action for professional negligence, breach of fiduciary duty and breach of contract against Defendants. Plaintiffs allege that Defendants repre...

Excerpt: ...andez and Santos Ruiz's unopposed petition to compel is granted. Petitioners purchased a used car from Pars Auto Wholesale, Inc. pursuant to a Retail Installment Sales Agreement (“RISC”) which was later assigned to Westlake Services, LLC. The RISC contains an arbitration provision requiring arbitration of any claim or dispute related to the vehicle and/or the RISC. Petitioners are permitted to select AAA or any other arbitration organization ...

Excerpt: ...oila Esparaza's (“Plaintiff”) Motion to Compel Defendant Lefever Mattson Property Management (“Defendant”) to comply with its responses to Plaintiff's Request for Production (“RFP”) (Set One), Nos. 1‐4 and 8‐10 is ruled on as follows. In this action, Plaintiff alleges that Defendant wrongfully entered Plaintiff's rental unit and damaging and/or stealing items of Plaintiff's personal property. Plaintiff alleges causes of action aga...

Excerpt: ....ca.gov Defendant HBE Corporation's (“HBE”) Motion to Compel Arbitration of Plaintiff Gudgel Roofing, Inc. dba Yancey Roofing, Inc. (“Plaintiff”) and Stay the Action is GRANTED. Overview This is a construction defect action. On June 18, 2012, HBE entered into a designbuild contract (“Prime Contract”) with Willits Hospital, Inc. dba Frank R. Howard Memorial Hospital to construct the Frank R. Howard Memorial Hospital in Willits, Califor...

Excerpt: ...l not be available in Departments 53 and 54, with exceptions listed in the Court's Policy Regarding Availability and Unavailability of Official Court Reporters. Additional information regarding this policy can be found on the Court's website at www.saccourt.ca.gov Since both motions are brought on the same grounds and plaintiff has filed a joint opposition to the motions, the Court issues one ruling for both motions. Evidentiary Objections Garvey...

Excerpt: ...icial Court Reporters. Additional information regarding this policy can be found on the Court's website at www.saccourt.ca.gov On May 20, 2019, the Court entered an order granting preliminary approval of class action settlement, thereby preliminarily approving the terms of the settlement. By this motion, Plaintiff now seeks final approval of the settlement. This is a wage and hour action brought by Plaintiff on behalf of a class of approximately ...

Excerpt: ...iff Kent Taylor's (“Plaintiff”) Motion to Reclassify this Action from “Limited Civil” to “Unlimited Civil” is DENIED. This is a landlord‐tenant action. On August 8, 2019, this Court granted Defendant Logos Property Investments LLC's ("Defendant") Motion to Reclassify Case From "Unlimited Civil" to "Limited Civil." (ROA 133.) In its ruling, the Court explained, “A motion to reclassify an unlimited case t...

Excerpt: ...ive September 23, 2019, official court reporters will not be available in Departments 53 and 54, with exceptions listed in the Court's Policy Regarding Availability and Unavailability of Official Court Reporters. Additional information regarding this policy can be found on the Court's website at www.saccourt.ca.gov In the Complaint, Plaintiff alleges causes of action for breach of contract and foreclosure of security interest against Defendant Cr...

Excerpt: ...dants' motion to re‐open discovery is GRANTED, as follows. Factual Background This action was commenced in September 2016 and both sides have had several different attorneys. The action has been set for trial several times but it has been continued for various reasons, twice at the request of plaintiff and twice at the request of defendants. Of particular note, when the matter was called for trial in March 2019, defendants reported that their a...

Excerpt: ...tiff”) motion to quash the subpoenas issued to Dignity Health Medical Foundation and CVS Pharmacy for Plaintiff's medical and pharmacy records is GRANTED. Defendants' request for judicial notice is granted. This is an employment action in which Plaintiff alleges causes of action for Retaliation for Disclosure of Information to a Government or Law Enforcement Agency and Disability Discrimination against Dignity Health Foundation, Dignity Health ...

Excerpt: ...ion to quash the subpoena issued to the Department of Motor Vehicles (“DMV”) by defendant California Department of Corrections and Rehabilitation (“CDCR” or “Defendant”) is ruled upon as follows. The operative Fourth Amended Complaint alleges a single claim for retaliation in violation of FEHA. Plaintiff generally alleges CDCR retaliated against her and refused to return her to work in retaliation for her 1999 sexual harassment and di...

Excerpt: ...s “Motion to Enforce Settlement Agreement and Enter a Judgment Pursuant to the Terms of the Settlement” is ruled on as follows. The notice of motion does not provide notice of the Court's tentative ruling system, as required by Local Rule 1.06, and does not provide the correct address for Dept. 53/54. Moving counsel is directed to contact opposing counsel and advise him/her of Local Rule 1.06 and the Court's tentative ruling procedure and the...

Excerpt: ...*** This matter is on calendar for oral argument only. The tentative ruling previously issued by the Court is set forth below. This matter was originally set for hearing on 8/7/2019 but was continued to this date to permit the Court to consider plaintiff's opposition papers and to permit defendants to file a reply to his opposition. The Court, having now considered the opposition and reply papers, issues the following tentative ruling. Defendants...

Excerpt: ...s (“Plaintiff”) motion for preliminary injunction is DENIED. This action concerns commercial real property located at 8633 Antelope North Road, Antelope, California 95843. Plaintiff alleges he is the owner of the property. Plaintiff alleges the property was sold to him by defendant Michael Urbancic pursuant to a Settlement Agreement the parties reached in a separate litigation matter (Case No. 34‐ 2010‐0087710). Plaintiff alleges that und...