Excerpt: ...fs Adam J. Harmoning, Araz Parseghian, and Darlene Dravis' (collectively, “Plaintiffs”) motion for preliminary approval of class action settlement is UNOPPOSED and is GRANTED. On June 12, 2018, Plaintiff Araz Parseghian filed a class action complaint against Defendant HomeStreet Bank (“Defendant”) in the Superior Court for the State of California, County of Alameda, entitled Araz Parseghian, individually, and on behalf of other members of...

Excerpt: ...t Century Insurance Company's (“Cross‐Defendant” or “21st”) demurrer to cross‐complainant Richard E. Lehrfeld's (“Cross‐Complainant” or “Lehrfeld”) Cross‐Complaint is ruled upon as follows. Cross‐Defendant's request for judicial notice of documents in the Court's records is granted. Cross‐Complainant filed the Cross‐Complaint on February 8, 2017, alleging causes of action for intentional misrepresentation, negligent ...

Excerpt: ....saccourt.ca.gov. *** Defendants' demurrer to the first and second causes of action alleged in plaintiff's complaint is SUSTAINED IN PART and OVERRULED IN PART, as follows. Plaintiff's counsel 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 Sheriff's Deputy driving a law enforcement vehicle struck the plaintiff as sh...

Excerpt: ...Wittman Enterprises, LLC's (“Defendant”) demurrer to plaintiffs Nakita Clark and Dawn Stephenson's (collectively, “Plaintiffs”) Second Amended Complaint (“SAC”) is ruled upon as follows. Plaintiff has filed this wage and hour putative class action on behalf of “[a]ll current and former hourly‐paid or non‐exempt employees who worked for any of the Defendants within the state of California at any time during the period from March ...

Excerpt: ...ction. CCP § 430.10(e);Rakestraw v. California Physicians' Service(2000) 81 Cal.App.4th 39, 42‐43. In reviewing a general demurrer, the facts pleaded are assumed to be true and the only issue is whether they are legally sufficient to state a cause of action.Rope v. Auto‐Chlor System of Wash., Inc.(2013) 220 Cal.App.4th635. The ability of plaintiff to prove them is not in issue.” ( Diamond Multimedia Systems, Inc. v. Superior Court(1999...

Excerpt: ...ch of contract, breach of fiduciary duty, deceit, rescission, unjust enrichment, quiet title, declaratory relief, and specific performance. This dispute arises from the operating agreement of Aurora entered into between Plaintiff and Guttridge in 1998. Plaintiff was a 49% investor member of Aurora. Guttridge was the Managing Member holding 51% of Aurora. Aurora's sole material asset was approximately 900 acres of real property near the City of Ga...

Excerpt: ...leges causes of action for breach of contract and promissory estoppel based on allegations that he was denied a request for a lateral transfer. Plaintiff alleges that he applied for a special agent position in February 2015. (FAC ¶ 8.) He alleges that a senior special agent informed him that while he met the educational requirements he lacked the two years' experience with the primary responsibility for performing investigations at the Correctio...

Excerpt: ...efendant Norman Masters' (“Masters”) demurrer to Defendant/CrossComplainant Sheri Sepanski's (“Sepanski”) first amended cross‐complaint (“FAXC”) is ruled upon as follows. This action arises out of the past relationship between Masters and Sepanski, which apparently was rife with discord and alleged abuse. Sepanski alleges that she was the owner of an auto sales business, over which she claims that in December 2015 Masters “intenti...

Excerpt: ...an, who are plaintiffs in this action. Milagros Rada also had a son who predeceased her, Rhosdon, whose five adult children are plaintiffs in this action‐ Rhosdon Jasper, Rhosdon Diamond, Rhosdon Gold, Rhosdon Dawn, and Rhosdon Donald.” (FAC, ¶ 6.) On 5/4/2018, Milagros was walking on the sidewalk in front of Hazel Strauch Elementary when Karen Mendoza drove out of the school parking lot and hit her. Plaintiffs allege that the intersection o...

Excerpt: ...** Defendants State of California ("State"), Xavier Becerra ("Becerra") and Brent E. Orick Orick"), Acting Chief of the California Department of Justice's Bureau of Firearms ("BOF") (collectively "Defendants") to the first amended complaint (“FAC”) is ruled on as follows. Overview This action was commenced by plaintiffs Franklin Armory, Inc. ("FAI"), a firearms manufacturer, and Sacramento Black...

Excerpt: ...s' notice of motion and motion requests an order striking 12 different portions of Plaintiffs' complaint. The motion was made on grounds that these allegations were not drawn or filed in conformity with the law of this state, a court rule, or an order of the court. (Code Civ. Proc. § 436(b).) However, both Defendants' moving memorandum of points and authorities and its reply fail to present a single argument as to how any of these factual allega...

Excerpt: ... qualified as an insured under the policy. At some point, Bruce filed a gender discrimination, retaliation and defamation lawsuit against the Regents of the University of California and its employees, Enrequita Rico and Leana (“Bruce's Action”). As against Leana, Bruce alleged that she defamed him. Bruce ultimately dismissed Leana from the suit. On 10/16/2018, Leana filed a lawsuit against the Regents of the University of California, Patrick ...

Excerpt: ... as amatter of law." (Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 850 ), fn. omitted.) A triable issue of material fact exists "if, and only if, the evidence would allow a reasonable trier of fact to find the underlying fact in favor of the party opposing the motion in accordance with the applicable standard of proof." (Ibid., fn. omitted.) Defendants bear "the burden of persuasion that 'one or more elements of...

Excerpt: ...Zoo fell on her. Plaintiff was working as a job coach for Cross‐Defendant Northern California InAlliance (“InAlliance”), a company that provides training to adults with disabilities to help them integrate into the community. On 3/25/2019, the City filed its answer to Plaintiff's' complaint. On 6/2/2016, City filed a cross‐complaint against InAlliance and Summer Owens for indemnity, apportionment of fault, and declaratory relief. InAllianc...

Excerpt: ...�husband using her name and that he was ordered to pay the loan pursuant to their marital settlement decree. At the outset, while Defendant makes both a motion to quash and a motion to set aside, given Defendant is currently in default, the only motion that she may properly make is one to set aside the default. As Defendant's default has been entered by the Clerk and not yet set aside, the Court has lost jurisdiction to address any action by the ...

Excerpt: ..."Galt Address"). Defendant moves to set aside pursuant to CCP 473.5, CCP 473(d), and under the inherent equitable power of the Court. The motion pursuant to CCP 473.5 is untimely. CCP 473.5 provides that "[t]he notice of motion shall be served and filed within a reasonable time, but in no event exceeding the earlier of: (i) two years after entry of a default judgment against him or her; or (ii) 180 days after service on him or her of ...

Excerpt: ...ring on August 28, 2019. At the hearing, Plaintiff's counsel sought to introduce evidence and argument that was not presented in the moving papers. Specifically, Plaintiff sought to introduce into evidence form CMS‐2567 (the federal form from the Centers for Medicare and Medicaid Services). Plaintiff argued form CMS‐2567 proved certain statements made in the declarations of Susan Gilpatrick and Heather Foster were false in that it shows the u...

Excerpt: ...and Tracy Hicks on January 7, 2019, the deposition of Gerald Terrill on April 4, 2019, and the deposition of Tamara Keating on June 18, 2019. Additionally, on April 11, 2019, PDQ obtained DMV records showing that Jason Keating did not have any DUI offenses or accident on his DMV record for the 10 years prior to the accident. Based on these newly discovered facts, PDQ has moved again for summary judgment/adjudication, pursuant to CCP § 437c(f)(2)...

Excerpt: ...November 2015 at Vibra Hospital. Ms. Vaughn was transferred to Vibra for continued management of her IV antibiotics, wound VAC,, hemodialysis, physical therapy, and occupational therapy, after treatment for methicillin resistant staphylococcus aureus (MRSA), and prosthetic valve endocarditis at Sutter Medical Center Sacramento in September and October 2015. (Def. Ex. A at p. 32.). Ms. Vaughn's surviving spouse, Kevin Vaughn, Sr., and her adult ch...

Excerpt: ...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 Consumer Affairs (2012) 204 Cal.App.4th 112, 120‐ 121; Fremont Indem. Co. v. Fremont Gen. Corp. (2007) 148 Cal.App.4th 97, 113; 1 Witkin, Cal. Evid. (5th ed.) Judicial Notice, § 21 at p. 128 ["Judicial notice of the authenticity and contents of an official document does not est...

Excerpt: ...have filed identical Amended Answers, therefore the court is addressing them in one ruling. Plaintiff has filed demurrers to the 2nd ‐ 11tth and the 13th Affirmative defenses alleged in the Amended Answer. Plaintiffs contend that the Answers fail to state facts to sufficient to constitute an affirmative defense, and that the affirmative defenses are uncertain. C.C.P., sec. 430.20 (a) provides for a demurrer to an Answer, where “The answer doe...

Excerpt: ...s. This legal malpractice action arises from Defendants' alleged mishandling of Plaintiff's personal injury suit, and the settlement Defendants' negotiated on her behalf. The underlying personal injury action arose from a fall that occurred on June 15, 2001. Plaintiff, then 19‐months old, fell from the second story landing in her mother's apartment building. Plaintiff is currently 18 years old. Plaintiff's mother, Elisabeth Boutte, retained Def...

Excerpt: ...or plaintiff's failure to bring this matter to trial within five years. In advance of the motion's original 7/22/2019 hearing date, this Court issued a tentative ruling denying CDCR's motion on the ground that CDCR was not seeking to dismiss the action but rather just two of the five causes of action alleged in the Third Amended Complaint (“TAC”). After receiving additional briefing on the matter, the Court on 8/19/2019 issued a Ruling on Sub...

Excerpt: ...on is titled as one to withdraw Shade's "requests for admissions," the Court is unaware of any procedure by which Diede could move to withdraw discovery served by Shade. Diede may only move to withdraw its admissions to Shade's requests for admissions. Indeed, despite the misleading title of the motion, the substance of the moving papers appear to properly seek to withdraw only Diede's admissions, not the actual requests thems...

Excerpt: ...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. *** The motion of defendant Estate of Jason Christopher Keating, Deceased (“Estate”) for summary adjudication of issues as against plaintiffs is DENIED in its entirety, as follows. The Court notes that most, if not all, of the affirmative defenses implicated by this motion do not appe...