Excerpt: ... Plaintiff's answer to Samra's Cross‐ Complaint is granted. Samra's objections to the Declaration of Corey Travis, number 1 is sustained. The remaining objections are overruled. Plaintiff's objections to the Declaration of Gurdip Samra and to the Declaration of Tommy Ponder are overruled. This action arises from a purchase and sale agreement regarding property to be used to legally distribute cannabis. The dispute arose after Samra cancelled th...

Excerpt: ...lder abuse case, Plaintiff alleges the following two causes of action: (1) violation of the Elder Abuse Act; and (2) negligent hiring and supervision. Plaintiff filed this action on June 22, 2018. Defendants filed their Answer on September 14, 2018, wherein they asserted twenty affirmative defenses. (ROA 40.) Plaintiff seeks adjudication of nine of Defendants' affirmative defenses on the grounds that Eskaton failed to identify a single fact, witn...

Excerpt: ...elopment Co., Inc. v. County of Alameda (2015) 242 Cal.App.4th 760, 765.) In determining whether a plaintiff properly stated a claim for relief, the Court shall treat the demurrer as admitting all material facts properly pleaded, but not contentions, deductions, or conclusions of fact or law. In this putative wage and hour class action, Plaintiffs allege numerous causes of action premised on Labor Code violations. The second cause of action is fo...

Excerpt: ...ton and Jacob Risch allege numerous causes of action against Defendants for assault, battery, harassment, invasion of privacy, false imprisonment, IIED, trespass to chattel, conversion, private nuisance and interference with contract. The FAC arises from an alleged agricultural joint venture doing business as W.U.R.M. Assets, LLC, between Plaintiff Umashankar and Defendant Brian Radoo, Defendant Bobby Mohamed, and Scott Wallace. Plaintiffs seek t...

Excerpt: ...port animal. The employee threatened Plaintiff by stating that he would stomp on Plaintiffs support animal; taser Plaintiff; pepper spray Plaintiff; and call the police on Plaintiff. The employee violently grabbed Plaintiffs dreadlocks and dragged her out of the AM PM by her hair. Plaintiff filed this action on 10/23/2017. Her complaint asserts causes of action for assault, battery, IIED, Respondeat Superior, and Negligent Hiring/Training/Retenti...

Excerpt: ...ent, IIED, trespass to chattel, conversion, private nuisance and interference with contract. The FAC arises from an alleged agricultural joint venture doing business as W.U.R.M. Assets, LLC, between Plaintiff Umashankar and Defendant Brian Radoo, Defendant Bobby Mohamed, and Scott Wallace. It is alleged that on May 10, 2018, that Defendants came to the property and began screaming, cursing and threatening them, locked up their dogs, brandished a ...

Excerpt: ...‐2018‐ 00245075 alleging individual and derivative causes of action against Ming Le. OSI and Ming Le filed their complaint against Kenny Le in case no. 34‐2018‐ 00246072. The cases were consolidated on June 11, 2019, and Kenny's action was designated as the lead case. Prior to the matters being consolidated, OSI and Ming Le prevailed on their motion for preliminary injunction which was granted by Judge Krueger in January 2019. By virtue o...

Excerpt: ... immediately. No formal order pursuant to CRC rule 3.1312 or other notice is required. Item 4 2018‐ 00233339‐CU‐NP Pamela J. Palmieri vs. Stephen Foondos Nature of Proceeding: Filed By: Hearing on Demurrer to First Amended Complaint Sargetis, John Defendants Stephen Foondos, John Sargentis and United Law Center's demurrer to Plaintiff Pamela Palmieri and Kayrinka Gilliland's first amended complaint (“FAC”) is sustained with leave to ame...

Excerpt: ...lesteros is ruled on as follows. The Court shall address all demurrers in one ruling as the parties have each submitted only one points and authorities. Defendants have each filed Answers containing affirmative defenses. Plaintiffs contend generally that each of the affirmative defenses either fails to state facts sufficient to constitute an affirmative defense, that they are uncertain, or that they are not in fact affirmative defenses. Plaintiff...

Excerpt: ...of September 13, there is still no opposition in the court file/CCMS. According to the Complaint, plaintiff is represented by Sacramento counsel and therefore it is unclear why the Opposition was not filed with the Court. The Court is therefore ruling on the demurrer and motion to strike as unopposed. On February 10, 2018, Plaintiff Nichole McGarey executed a rental agreement with 1st American to rent a self‐storage unit at 2928 Scotland Drive,...

Excerpt: .... Mar improperly and negligently performed the procedure, failing to exercise the proper degree of knowledge and skill in administering medical attention to Plaintiff, diagnosing Plaintiff, and treating Plaintiff during the procedure. (Compl. ¶9.) Plaintiff alleges that Dr. Mar's negligence caused Plaintiff damages, including physical and emotional pain and the inability to work. (Id. ¶10.) Dr. Mar moves for summary judgment on the ground he ac...

Excerpt: ...ber 20, 2016 when she fell at BJ's Restaurant as a result of Defendant's negligence. (UMF 1.) While Defendant fashions the instant motion as a Motion for Summary Judgment, Defendant presents two separate issues in its Separate Statement. The first Issue states: “Plaintiff's causes of action for negligence and premises liability fail as a matter of law because she has admitted Defendant was not negligent and that she has not suffered injury.” ...

Excerpt: ...ffe, Scott E. Defendant's Motion to File a Cross‐Complaint is unopposed and is granted. On June 8, 2018, defendant filed his Answer to the Complaint involving alleging a breach of a commercial lease. Defendant determined after conducting discovery and reviewing discovery that he has a claim against the plaintiff involving the same lease. Defendant wishes to file a compulsory cross‐complaint against the plaintiff. As noted in 5 Witkin Cal....

Excerpt: ...erred to the settlement nor attached the settlement agreement in which the parties agreed that the Court would retain jurisdiction over the case. Generally, when there is a voluntary dismissal of the entire action, the court's jurisdiction terminates. See, Casa de Valley View Owner's Assn. v. Stevenson (1985) 167 Cal.App.3d 1182, 1192. Indeed, dismissal affects the court's ability to retain subject matter jurisdiction. Once a party ha...

Excerpt: ...James F. Lewin, erroneously believed that the Complaint was served by substituted service on TMLF, meaning that service would not be deemed complete until the tenth day after Plaintiff's counsel mailed a copy of the Complaint to TMLF. (Lewin Decl. ¶5.) TMLF never received a mailed copy of the Complaint, and as a result, Mr. Lewin failed to properly calendar a date to timely file a responsive pleading. (Id. ¶¶4‐5.) Plaintiff's counsel served ...

Excerpt: ...t of KFH's name when she filed her complaint. This action arises out of Plaintiff's employment at a Kaiser Permanente facility in Folsom, California. Plaintiff filed the Complaint in this action on December 6, 2016, against the Permanente Medical Group and Does 1‐50. (ROA 1.) Plaintiff's complaint alleges claims for fraud, negligent misrepresentation, disability discrimination, wrongful termination, failure to reasonably accommodate, and IIED, ...

Excerpt: ...rt thereof, the court, upon motion, may enter judgment pursuant to the terms of the settlement. If requested by the parties, the court may retain jurisdiction over the parties to enforce the settlement until performance in full of the terms of the settlement.” Thus, CCP § 664.6 allows the Court upon motion to enter judgment pursuant to the terms of a settlement where the parties stipulated to the settlement. The Court's inquiry in ruling o...

Excerpt: ...ncarcerated party within 48 hours of receipt. The hearing date shall automatically be continued one week plus one court day for oral argument. The continuance date will always be an appearance required hearing so that the incarcerated party need not request oral argument. The Litigation Coordinator shall make plaintiff available, by Court Call at 9:00 a.m. on the date of the continued hearing date, which will be September 24, 2019 , to participat...

Excerpt: ...on arising from a July 24, 2015, motor vehicle accident, Plaintiff propounded their second set of requests for production of documents, which included requests 69 and 70. These two requests asked Defendant for all documents relating to any video surveillance, including any sub rosa surveillance, taken of Plaintiffs at any time since July 24, 2015. Defendants objected on the ground of attorney‐client privilege and work product doctrine. Plaintif...

Excerpt: ...this personal injury action, Plaintiff was repairing Defendant's vehicle (a large truck with a trailer used for transporting cars). While Plaintiff was under the trailer, Defendant started the truck and almost ran Plaintiff over. The facts relevant to this motion are as follows. On March 29, 2019, Plaintiff's counsel sent an email to defense counsel requesting deposition dates for Defendant's employees (Ion Sirbu and Ejaz Ahmad) and Defendant's P...

Excerpt: ...wer is granted. The Court does not rule on Plaintiff's evidentiary objections filed in support of his opposition since they concern evidence deemed immaterial to decision on the motion. (Code Civ. Proc., § 437c, subd. (q).) Plaintiff filed his form complaint on October 12, 2018, alleging a single cause of action for premises liability. (ROA 1.) Plaintiff alleges he was “injured by a dangerous condition of public property of which defendants ha...

Excerpt: ...aimed to show the existence or non‐existence of a triable issue of material fact. *** Defendant Environmental Alternatives Corporation's (“EAC”) motion for summary judgment is ruled on as follows. Moving counsel failed to comply with CRC Rule 3.1350(g), requiring a single volume of evidence (including declarations) with a table of contents when the evidence exceeds 25 pages. Moving counsel failed to comply with CRC Rule 3.1354(b), which exp...

Excerpt: ...CTS The following facts are taken from the First Amended Cross‐Complaint filed by CrossComplainants Applied Underwriters Captive Risk Assurance Company, Inc. (AUCRA), and California Insurance Company (CIC) (together referred to as “Applied”). For purposes of demurrer, these facts are assumed to be true. In January 2013, Mountain F and Applied entered into agreements relating to Mountain F's purchase of workers' compensation insurance. (FACC...

Excerpt: ...Defendants Visit Elk Grove (“VEG”) and Rachel Brown's demurrer to the First Amended Complaint (“1AC”) ruled on as follows. Plaintiff's counsel failed to comply with CRC Rule 2.111(3). Plaintiff had a month‐to‐month contract whereby her company would provide various services to VEG, including web design, strategic planning and media relations. It is alleged that VEG's executive director expressed interest in a romantic relationship wit...

Excerpt: ...aintiff and BEG entered into an Amended and Restated Loan and Security Agreement with regard to the 2007 loan of $125,000. On June 22, 2017, Plaintiff demanded payment of the outstanding indebtedness. Defendants failed to pay and Plaintiff filed a complaint on December 11, 2017, alleging a single cause of action for damages pursuant to the California Uniform Commercial Code. A First Amended Complaint was filed on March 20, 2018. Defendants demurr...