Excerpt: ...t 11 percent interest, with payments being made quarterly in an amount equal to fifteen percent of amounts received by Resighini from the Revenue Sharing Trust Fund, until paid in full. According to CalNev, Resighini made all required payments through December 2017, but failed to make any payments thereafter. CalNev contends Resighini still owes it at least $1.2 million. In an effort to collect, it has sued Resighini for breach of contract and tw...

Excerpt: ...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 issue of material fact. *** Defendant Sacramento Metropolitan Fire District's (“District”) motion for summary judgment, or in the alternative, summary adjudication, is ruled upon as follows. Overview This is a personal injury action. Plaintiff Frankie Griffin alleges that on 2...

Excerpt: ...ties 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. *** Defendant Morton's of Chicago/Capital Mall, LLC's (“Defendant”) Motion for Summary Judgment is ruled upon as follows. This is a slip‐and‐fall action. Plaintiff Janet Tyer (“Plaintiff”) alleges one cause of action for premises liability against Defendant, arising from her slip and fall...

Excerpt: ...opposition consists of a request for judicial notice and declarations from himself, his son Robert Gonzalez and his current counsel. Plaintiff's request for judicial notice is granted. According to Defendant, he was never served with the summons and complaint. Defendant formerly represented Plaintiff Daniel Gonzalez in Gonzalez v. Peters, Sacramento Superior Court case number 34‐2011‐ 00105722 ("Peters"). Defendant was aware that ...

Excerpt: ...al. App.3rd 1117, 1138.) Newberg on Class Actions (4th Ed.), the most authoritative treatise on class actions, discusses the process for approving the settlement of a class action. At § 11.24, “Procedure for Submitting Class Settlement for Approval,” Newberg describes the review at the preliminary stage as the submission by the parties of the essential terms of the agreement for informal review of the settlement papers by the Court. In revie...

Excerpt: ...t experienced ongoing and recurring problems with the right sliding door. Defendant has served three notices of depositions of Plaintiffs. The originally noticed depositions did not move forward. Plaintiffs served belated objections to the first amended notice of depositions, but Defendant's counsel had already driven from Roseville to Stockton to attend the deposition before he received the objections. The parties thereafter agreed to set the de...

Excerpt: ... DNA evidence from the "county crime lab" was not properly returned in connection with Neely's criminal case, and further speculates that said evidence "could potentially exonerate him." (Complaint, ¶¶ 2, 8; p. 4(11).) Neely alleges that in reviewing records in his post‐conviction matter, he discovered the purported mishandling of evidence, presumably along with discovering Defendant's name, on June 30, 2017. (Compl., ...

Excerpt: ...nce, 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.) The Court did not consider Plaintiff's declaration or the exhibits attached thereto that did not relate to counsel's meet and confer efforts. In ruling on a demurrer, the Court does not consider such extrinsic evidence or matters not subject to jud...

Excerpt: ...Plaintiffs allege claims against Westlake for violation of the Consumer Legal Remedies Act, Breach of Implied Warranty of Merchantability in violation of the Song‐Beverly Consumer Warranty Act, violation of Bus. & Prof. Code § 17200, Fraudulent Misrepresentation, and Negligent Misrepresentation, arising out of Plaintiffs' purchase of a used vehicle. The purchase contract was ultimately held by Westlake. Westlake now seeks to strike the portion...

Excerpt: ...#39;s employment with the DBO. On or about February 20, 2019, Plaintiff, an employee of the DBO, filed the instant lawsuit against his employer and his coworker, Geraldine Young ("Young"), alleging the following causes of action: (1) religious discrimination; (2) national origin/ancestry discrimination; (3) disability discrimination (failure to engage in the interactive process); (4) disability discrimination (failure to provide reasonabl...

Excerpt: ...nd harassed her due to her age. She alleges that EDD retaliated against her for complaining about age harassment. (FAC ¶¶ 8 ‐ 11, 13, 20) . EDD contends that plaintiff wilfully and intentionally spoliated evidence relevant to this case. Specifically, plaintiff deleted numerous text messages that she exchanged with multiple witnesses from her phone after being served with a Request for Production seeking said text messages, and after agreeing ...

Excerpt: ...icy, and defamation. Sutter terminated plaintiff's employment, contending he had stolen supplies from the hospital. Plaintiff contends that Sutter's evidence to support the theft was based on "whistleblower" statements made by plaintiff's estranged former spouse who invited Sutter investigators into her house where miscellaneous items from Sutter were found, the total value of which was about $100. It appears plaintiff no long...

Excerpt: ...fect is not material because the defendant has opposed the motion without raising this defect and has not been prejudiced. In sustaining the demurrer to the 2nd amended complaint, the Court ruled: "Plaintiff may file a 3rd Amended Complaint on or before July 24, 2019." (See Minute Order July 12, 2019.) On August 9, 2019, plaintiff filed this motion seeking additional time in which to file the 3rd Amended Complaint. Plaintiff's motion ...

Excerpt: ...nd pending appeal or to restrain NEI from transferring assets is ruled on as follows. Moving counsel failed to comply with CRC Rule 3.1113(f). Factual Background This case arises out of NEI's purchase of a gas station. Plaintiff DAAC alleges that NEI breached an exclusive supply agreement for various products sold at the station. NEI filed a cross‐complaint (“X‐C”) against DAAC, Surinder Singh and Chandi Investments, Inc. (collectively �...

Excerpt: ...Plaintiffs allege claims against Westlake for violation of the Consumer Legal Remedies Act, Breach of Implied Warranty of Merchantability in violation of the Song‐Beverly Consumer Warranty Act, violation of Bus. & Prof. Code § 17200, Fraudulent Misrepresentation, and Negligent Misrepresentation, arising out of Plaintiffs' purchase of a used vehicle. The purchase contract was ultimately held by Westlake. Westlake now seeks to strike the portion...

Excerpt: ...otion to compel defendant Hewlett Packard Enterprise Co.'s (“HPE”) further responses to special interrogatories and requests for production is ruled upon as follows. Opposing counsel failed to comply with CRC Rule 3.1110(b)(4). Factual Background This is a personal injury case arising from a motor vehicle collision. Plaintiffs allege that HPE and its employee, co‐defendant Wang, are liable for their injuries. According to defendants, Wang w...

Excerpt: ...le medical condition with intact skin. Plaintiffs allege that during his 14 day stay at Pine Creek, Mr. Rios developed bed sores that became infected, compromised his recovery from a hip fracture, destroyed his quality of life, and led to his death on March 16, 2018. Plaintiffs allege that defendants, including Pine Creek, vested discretionary decision‐making authority with personnel who ignored their obligations to provide basic care to Mr. Ri...

Excerpt: ...ntiff filed a class action lawsuit on April 27, 2018, on behalf of all current and former hourly‐paid or non‐exempt employees who worked for Defendant within the State of California at any time from April 27, 2014, to final judgment. On July 11, 2019, Plaintiff filed a First Amended Complaint (“FAC”) to add a PAGA cause of action. The FAC alleges Defendant violated the Labor Code and Business & Professions Code by carrying out a uniform p...

Excerpt: ...ent of the case, or part 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'...

Excerpt: ...ecl. ¶ 25.) By this motion, Plaintiff seeks attorneys' fees in the amount of $81,668.24 and also requests a “lodestar” enhancement of .5 in the amount of $40,834.13, for a total fee award of $122,502.38. Plaintiff also seeks costs and expenses in the amount of $24,449.33. Altogether, the total amount of attorneys' fees, costs, and expenses being sought is $146,951.71. Prevailing Party Civil Code § 1794(d) provides that a prevailing buyer is...

Excerpt: ...Support, and Respite Care. Marian passed away in June 2018. The action is brought by Marian, by and through her successor‐in‐interest Ann Wayland (“Ann”), and Ann Wayland, individually. Ann signed the admission agreement which included an arbitration provision. The agreement bound all parties to the agreement, their “spouses, heirs, representatives, executors, administrators, successors, assigns, managers, and agents as applicable.” (...

Excerpt: ...their initial complaint on 9/26/2018 asserting causes of action for Inverse Condemnation, Violation of 42 USC §1983, and Violation of Administrative Practices Act of California. The parties then stipulated to the filing of a first amended complaint that included that same three causes of action. Defendants demurred to the first amended complaint, which the Court overruled, in part, and sustained with leave to amend, in part. Plaintiffs filed a s...

Excerpt: ...to specific evidence which is claimed to show the existence or non‐existence of a triable issue of material fact. *** Defendant Guncha Sohi, D.D.'S. (“Sohi”) motion for summary judgment, or in the alternative, summary adjudication, is ruled upon as follows. Overview This is a dental malpractice action. Plaintiff Theodore White (“White”) alleges that codefendant David S. Park (“Park”) is a licensed dentist and employs dentists at his...

Excerpt: ...ther litigants and attorneys. (Williams v. Pacific Mutual Life Ins. Co. (1986) 186 Cal. App. 3d 941, 944.) Here, Plaintiff moves to vacate and set aside the judgment of dismissal entered on 1/4/2019. Plaintiff filed his initial complaint on 12/8/2016. Defendant, the City of Sacramento ("City") filed a demurrer and motion to strike on the ground that Plaintiff failed to comply with the Tort Claims Act, failed to state sufficient facts, and...

Excerpt: ...m a motor vehicle accident in which Plaintiff, while driving his vehicle, was rear‐ended by a concrete mix truck driven by Mr. Turner during the course and scope of his employment for Folsom Ready Mix, Inc. The force caused Plaintiff to also collide with the vehicle in front of him. On April 5, 2019, the Court granted Plaintiff's request for leave to amend to add a claim for punitive damages. At that time, the April 8, 2019 trial date was conti...