Excerpt: ... Salim Francis Al Sheikh (“Sheikh”), struck Plaintiff with his vehicle. (See Complaint, p. 5; Jensen Decl., ¶ 6.) Uber is a technology company that operates a platform that, among other things, connects drivers with riders who request transportation services. In order to use this platform, users must create an account and agree to the Terms of Service. (Buoscio Decl., ¶ 5.) On or about May 8, 2022, Plaintiff was presented with an in‐app p...

Excerpt: ...t Defendants Brian Radoo (“Radoo”), Bobby Mohamed (“Mohamed”), Neil Singh and Colin Asheley (“Asheley”) including assault, battery, harassment, invasion of privacy, false imprisonment, IIED, trespass to chattel, conversion, private nuisance and interference with contract. The action arises from an alleged agricultural joint venture doing business as W.U.R.M. Assets, LLC (“WURM”), allegedly between Plaintiff Umashankar and Defendan...

Excerpt: ...une 30 or in the early morning hours of July 1, 2017, Plaintiff was visiting Mango's. Plaintiff alleges she was using her phone in the hallway near the restroom when a security guard directed her towards the women's restroom. Plaintiff briefly used the restroom and, upon exiting, was grabbed from behind by a security guard without justification. When Plaintiff freed herself from the first security guard, she was then grabbed and restrained by ano...

Excerpt: ... granted the request. Accordingly, the Court republishes its original tentative ruling below. 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 opposing counsel and advise him/her of Local Rule 1.06 and the Court's tentative ruling procedure and the manner to request a hearing. If moving counsel is unable to contact opposing counsel prior to h...

Excerpt: ... tentative ruling system, as required by Local Rule 1.06. 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 manner to request a hearing. If moving counsel is unable to contact opposing counsel prior to hearing, moving counsel is ordered to appear at the hearing by Zoom or by telephone. State Farm served the subject RFAs by electronic mail on September 10...

Excerpt: ...ted Protective Order filed in this action and the Complaint and a tentative ruling from Harris, et al. v. County of Sacramento, Case No. 34‐2020‐00287910, is granted. Plaintiff and two other plaintiffs, Todd Beavers and Andre Williams, filed their Complaint on May 14, 2021, against the County arising out of their employment with the Department of Waste Management and Recycling (“DWMR”). Plaintiff alleges the following three causes of acti...

Excerpt: ...ing from the Individual Defendants alleged harassment of and discrimination against Plaintiff while working in their capacity as agents and employees of Markstein. (See Complaint.) Plaintiff also asserts claims against Markstein for retaliation and wrongful termination after Plaintiff complained about the harassment and discrimination. (Ibid.) Defendants move to compel arbitration on grounds Plaintiff signed an arbitration agreement that governs ...

Excerpt: ...ed on the merits, indicating he was not significantly prejudiced by the late opposition. Accordingly, the Court has considered the untimely opposition papers and declines Plaintiff's request to preclude Defendants from participating in oral argument. (See Reedy v. Bussell (2007) 148 Cal.App.4th 1272, 1288.) Background In this lemon law action, Plaintiff alleges that he purchased a new 2016 MercedesBenz GL 350 from Mercedes‐Benz of Reno in Reno,...

Excerpt: ...limitations. As a preliminary matter, it is unclear whether Defendants intend to demurrer to the original complaint or the First Amended Complaint (“FAC”) filed on December 31, 2020 (ROA 14.). The Court presumes Defendants intended to demur to the operative pleading. As the demurrer was filed on August 18, 2022 the Court treats the demurrer as objecting to the FAC. The function of a demurrer is to test the sufficiency of the pleading it chall...

Excerpt: ...(“Christine” or "Plaintiff") alleges she is the true owner of the property. Plaintiff alleges her ex‐husband, Michael Sparks ("Michael"), obtained fee simple titled to the property in 2003 and then transferred and assigned all rights in the property to her in 2019. Despite this, Plaintiff alleges Moving Parties served her with a 60‐ day notice to vacate or quit. Plaintiff alleges Moving Parties claim ownership to the property based on an ...

Excerpt: ... to contact opposing counsel and advise him/her of Local Rule 1.06 and the Court's tentative ruling procedure and the manner to request a hearing, along with the correct address for Dept. 53/54. If moving counsel is unable to contact opposing counsel prior to hearing, moving counsel is ordered to appear at the hearing by Zoom or by telephone. The 17‐page memorandum of points and authorities in opposition fails to comply with the 15‐ page limi...

Excerpt: ...ific discovery requests 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. *** Opposing counsel failed to comply with CRC Rule 3.1110(b)(3)‐(4). Plaintiff's “separate statement” in support of this motion is not actually “separate” from any of the other papers filed in support of this motion but is instead attached to all of...

Excerpt: ...ip‐and‐fall incident. Defendant KPI filed its answer to the operative complaint on 8/3/2018. While trial had originally been set to commence on 3/10/2020, it was then continued to 11/16/2020 at plaintiff's own request. The case did not proceed to trial on 11/16/2020. Since that date, plaintiff has filed nothing with the Court and no Law & Motion proceedings at all have occurred prior to the filing of the present motion on 10/26/2022. No trial...

Excerpt: ...e 2.111(3). The opposition was not timely filed or served, as CRC Rule 3.1342 governs this motion to dismiss and subdivision (b) specifies that an opposition is due “[w]ithin 15 days after service of the notice of motion.” The opposition was nevertheless considered. Factual Background This action arises out of a motor vehicle accident occurring in February 2018. Plaintiff filed suit on 2/13/2020. According to the proof of service filed on 10/...

Excerpt: ...rified responses, without objections, to Defendants' first set of Form Interrogatories, Special Interrogatories, and Requests for Production of Documents no later than October 31, 2022. Plaintiff did not serve the responses as directed. Pursuant to Code of Civil Procedure 2031.310(i), a court may impose terminating, issue, or evidentiary sanctions, as well as monetary sanctions, for failure to obey a court order to provide discovery. (See, e.g., ...

Excerpt: ...therine Bailey, et al. v. Goodman and Associates, case No. 34‐2022‐00324973. (ROA 54.) This case was designated as the lead case. This action involves an attorney fee dispute between Petitioner and Catherine Bailey and Doug Sutton (collectively, “Respondents”). An arbitration hearing was held on April 19, 2022, with attorney Chad Tapp, attorney Daniel Steinberg, and Steve Watson presiding as arbitrators. Petitioner appeared in person at t...

Excerpt: ...nd accounting. (ROA 1.) Defendant filed a Cross‐Complaint against Plaintiff and Expo Floors, LLC on April 15, 2019, alleging similar claims. (ROA 8.) Defendant filed an Amended Cross‐ Complaint on August 26, 2019. (ROA 41.) Plaintiff filed a First Amended Complaint on August 27, 2019. (ROA 42.) Trial was initially set for October 11, 2022. Discovery closed 30 days before that initial date on September 9, 2022. On November 10, 2021, the Court ...

Excerpt: ...Local Rule 1.06 and the Court's tentative ruling procedure and the manner to request a hearing. If moving counsel is unable to contact opposing counsel prior to hearing, moving counsel is ordered to appear at the hearing by Zoom. Background Plaintiff Tramia Rene Snapp (“Plaintiff”) initiated this action on October 17, 2022 by filing a complaint with four causes of action: (1) breach of express warranty under the Song‐Beverly Act (“Song‐...

Excerpt: ...rkplace injury while employed at a restaurant owned by Matmol, Inc. (“Matmol”). Intervenor provided workers' compensation insurance for Matmol and thus provided workers' compensation benefits to Plaintiff as a result of his workplace injury. This included paying for Plaintiff's transportation to and from medical appointments for treatment of his workplace injury. On September 6, 2016, Plaintiff was being transported home from one such medical...

Excerpt: ...ng counsel prior to hearing, moving counsel is ordered to appear at the hearing by Zoom. Defendant Scott Johnson's (“Defendant” or “Johnson”) demurrer to Plaintiff Melanie Weaver's (“Plaintiff”) complaint is ruled upon as follows. Allegations in Complaint Plaintiff filed this employment action under the on July 18, 2022 against Defendants California Highway Patrol (“CHP”), California Association of Highway Patrolmen (“CHAP”), ...

Excerpt: ...ersus pedestrian accident that occurred on May 2, 2017, where Plaintiff's brother (Eric Allen Miller) was killed when he was struck by a 2013 Toyota Tacoma driven by Steven Martin. Plaintiff alleges Mr. Martin was operating the vehicle in furtherance of his vehicle hauling business. (Complaint ¶ 10.) Plaintiff further alleges that business was insured by Redwood and that Redwood improperly denied coverage to Mr. Martin. Plaintiff and Mr. Martin ...

Excerpt: ...uling to the litigation coordinator. The litigation coordinator shall provide the tentative ruling to Plaintiff Delbert Smith within 48 hours. The litigation coordinator is directed to have Plaintiff Troy Anderson available at oral argument on January 19, 2023 at 1:30 pm. Appearance will be by ZOOM. Department 53 Zoom ID is: 161 4650 6749. To appear on Zoom by phone, call (833) 568‐8864 and enter 161 4650 6749#. Appearance is required. Self‐r...

Excerpt: ...ricson (“Plaintiffs”), allege that Defendants 3 Point, Christopher MacPhail, and Dorothy MacPhail surreptitiously took partnership profits for their own personal gain without benefit to the partnerships. In March 2022, the parties reached a settlement pursuant to which the parties agreed to sell certain real property (“El Camino Property”) to the highest bidder within a three month period. (Underwood Decl. Exh. 2 ¶ 3.) The parties agreed...

Excerpt: ...quests for Admission) is ruled upon as follows. Background This action arises from a family business dispute. The Complaint asserts causes of action for disassociation, breach of fiduciary duty, and breach of contract against Defendant, Curtis Pless, and Gregotrade, LLC. Defendant's Cross‐Complaint asserts causes of action for disassociation, breach of fiduciary duty, accounting, breach of contract, violation of the covenant of good faith and f...

Excerpt: ...Defendant's rehabilitation facility. At issue on the instant motion are Defendant's responses to Plaintiffs' request for production and special interrogatories (sets one). While there are a substantial number of discovery requests and a separate statement over 150 pages in length, the overall gist of the motion relates to the objections stated in the discovery responses. That is, Plaintiffs for the most part argue that the objections set forth in...