Excerpt: ...mon Law action involving a 2016 Chevrolet Silverado vehicle, which Plaintiff alleges suffered from various defects, including transmission defects, Plaintiff seeks to compel Defendant to provide full and complete responses to certain requests for production (set one) and produce responsive documents corresponding to those requests. Requests nos. 17 and 20‐25 relate to Defendant's investigations and analysis regarding the defects. Requests 7, 50...

Excerpt: ...s not rule on these evidentiary objections filed in support of the reply since they concern evidence deemed immaterial to decision on the motion. (CCP § 437c, subd. (q).) Costco also submitted objections to the Declaration of Mark Velez. The Court does not rule on these evidentiary objections as they are either not proper objections to evidence or are immaterial to the decision on the motion. (CCP § 437c, subd. (q).) Finally, Costco submitted o...

Excerpt: ...e, and not the evidence or the facts alleged. (City of Atascadero v. Merill Lynch, Pierce, Fenner & Smith. Inc. (1998) 68 Cal.App.4th 445, 459.) Courts "assume the truth of the complaint's properly pleaded or implied factual allegations." (Schifando v. City of Los Angeles (2003) 31 Cal.4th 1074.) On a demurrer, a court's function is limited to testing the legal sufficiency of the complaint. Code Civ. Proc., § 430(a), pertaining t...

Excerpt: ...production in its entirety. (ROA 59.) The motion requested further responses and production of corresponding documents. The Court ordered Defendant Kia Motors America, Inc. ("Kia") to provide further responses by March 8, 2019. On June 5, 2019, the Court granted Plaintiff's motion to compel compliance with the Court's February 22, 2019, discovery order. (ROA 69.) The Court ordered Kia to produce documents responsive to Requests for Produc...

Excerpt: ...10, ¶ 3 of the Prayer for punitive damages. Plaintiffs oppose, arguing that they have sufficiently alleged the requisite “despicable” conduct ‐‐ a homeowner's association lying to them in order to force them to bear the cost of repairs ‐‐ to support an award of punitive damages under Civil Code § 3294. (Opp'n at 1‐4.) Plaintiff's Request for Judicial Notice, which attaches a copy of the pleading in this case, is unopposed and ...

Excerpt: ...“otto” project) over a four year period, but failed to do so. As a result, VSP contends that it was forced to exercise its “step‐in rights” under the TTDA and use a third party vendor, Managing Innovation and Technology, Inc. (“MINT”), to complete the project. VSP filed this lawsuit in October 2013, and PFO filed a cross‐ complaint thereafter, alleging that PFO's Vice President of Research & Development/Technology Hoa Nguyen lured...

Excerpt: ...lect. This action was filed almost four years ago by Plaintiff Deanna Correll on September 15, 2015. The matter involves a settlement agreement between Plaintiff and the “Estate of Loren Hawley, by and through [Defendant] as Trustee of the Trowbridge Trust, and Garrett Hawley, beneficiary of the Trowdrige Trust.” (Comp. Exh. A.) The settlement related to litigation in Sutter County. Plaintiff's instant complaint is premised on a breach of the...

Excerpt: ...dant objects to the Opposition on grounds of untimeliness. Although the Opposition papers were filed on July 29, 2019, several days past the filing deadline, Defendant was apparently able to prepare a response thereto. Plaintiff's counsel declares that the moving papers were served on July 1, just before the July 4 holiday, with no courtesy email copy sent by defense counsel, such that Plaintiff's first notice of the instant motion came on July 8...

Excerpt: ...and improper. Background This is a landlord‐tenant case. Plaintiff is the former tenant and is representing himself in this action. He alleges that Defendant failed to return his $499.00 security deposit within the 21 days after her vacated the premises, and failed to provide an itemized statement of any deductions from the deposit, in breach of contract. Plaintiff in pro per filed his judicial council form complaint on May 3, 2018. He then fil...

Excerpt: ...quest for Production of Documents, Set One, Nos. 2, 3, 10, 22, 23 and 35. Plaintiff argues that Advanced Pain failed to serve complete responses to these requests, without substantial justification, and the information requested is relevant and not privileged. (Notice of Motion at 2.) Plaintiff acknowledges that some privacy interests may be implicated by the requests, but asserts that during the meet and confer process she agreed to narrow the s...

Excerpt: ... Nevertheless, the Court considered the entirety of the memorandum. In this employment action, Plaintiff Sandra Muniz alleges causes of action for constructive wrongful discharge in violation of public policy, retaliation in violation of FEHA, failure to prevent discrimination and retaliation in violation of FEHA, sexual discrimination in violation of FEHA, sexual harassment in violation of FEHA, and IIED. She claims that she was a long term and ...

Excerpt: .... Gonzalez ("Dr. Gonzalez") in 2012 in Placer County Superior Court (the "Medical Malpractice Action"). Defendants Baleria and Garberson represented Dr. Gonzalez and co‐defendant Advanced Medical Spa, Inc. in the Medical Malpractice Action. The Medical Malpractice Action was ultimately settled at mediation in 2017 and in connection with this settlement, the parties executed a confidentiality agreement and plaintiff executed a Re...

Excerpt: ...ion. This lawsuit was filed on 3/6/2019 by the law firm called “Lawyers for Justice” on behalf of two employees of Wellspace, plaintiffs January and Pinch. The complaint in this action purports to be a representative action against Wellspace under the Private Attorney General Act (“PAGA”), seeking civil penalties based on the alleged violation of various wage‐and‐hour provisions. Cameron Class Action. Less than two months before, the ...

Excerpt: ...ained: 2, 5, 8, 10, 12, and 15. City alleges defendant Robin Brewer has created a public nuisance at her property located at 3071 E Curtis Drive, Sacramento, California. City contends defendant owner Robin Brewer has unlawfully installed of a hot tub/spa ("hot tub") in the front setback and (2) created an unlawful encroachment of a concrete/masonry wall ("wall") without first obtaining the necessary permits. City seeks the followi...

Excerpt: ...ce on July 30, 2019 for failure to comply with CRC 3.1324. The Court has also considered the opposition filed August 2. Plaintiff seeks to combine her Cross‐Complaint (sic) with her Complaint in the form of a First Amended Complaint. Plaintiff's Complaint consists of her Qui Tam claims. Her Cross‐complaint, filed on August 1, 2018 consists of claims for breach of contract, wrongful termination, and retaliation. Plaintiff contends that she...

Excerpt: ...019, at ROA 130 that does not include a proof of service of the document on the defendant. As defendant filed a reply, the court is considering plaintiff's correspondence because this is a dispositive motion. Defendant's Request for Judicial Notice is granted. Self‐represented incarcerated Plaintiff filed a Complaint against the State of California Department of Corrections and Rehabilitation (CDCR) for personal injuries while incarcera...

Excerpt: ...rated 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 to participate in oral argument via Court Call at 9:00 a.m. on the date of the continued hearing date, which will be August 1...

Excerpt: ...y 2018, she went to Kaiser for routine blood work. She alleges that Kaiser's employee injured her while he was drawing blood and injuring her ulnar nerve at the forearm level, left arm, and sequela. It is undisputed that Le was a federal employee. Kaiser has a contract with the United States Office of Personnel Management (“OPM”). (Declaration of Gibson Simms, III (“Simms Decl.”), ¶ 1, Ex. B.) An OPM Agreement is a standard contract that...

Excerpt: ...th Plaintiffs that Livingston was required to meet and confer prior to filing the motion pursuant to CCP §435.5. A Special Motion to Strike is authorized by CCP §425.16. CCP §425.16 does not require the moving party to meet and confer prior to filing an Anti‐SLAPP motion. The Court also did not consider Plaintiffs' argument applying the standard for a regular motion to strike pursuant to CCP §436. Again, this is a Special Motion to Strike p...

Excerpt: ... failed to timely bring the case to trial. Defendant also seems to move for a discretionary dismissal pursuant to CCP § 583.420(a)(1) for failure to serve the Summons and Complaint within two years. However, as seen below, an answer by defendant has been on file since January 21, 2016. The procedural background in this action is as follows. This is a limited civil action for breach of contract arising from a landlord‐tenant dispute. The action...

Excerpt: ...g her dog when a “No Parking” sign affixed to a metal post dislodged from its mooring and fell on her head. Complaint, ¶ 7 ["...parking sign falling and striking Plaintiffs head."] The City owned and controlled, inter alia, the subject sign. Id. ¶ 7‐8. Plaintiff filed suit against the City alleging a single cause of action for dangerous condition of public property. The City now moves for summary judgment on the grounds that it ne...

Excerpt: ...aring 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. *** Defendants Pamela Ann Samantha Jones and Cornerstone Estate Law Corp.'s (collectively “Defendants”) motion for summary judgment, or in the alternative, summary adjudication, is ruled upon as follows. I. Overview This is an action for legal malpractice and financial elder abus...

Excerpt: ...Plaintiff Henry Cress and Plaintiff Jeanine Roberts as class representatives for purposes of settlement; 3. Appointing the Shimoda Law Corp. as class counsel for purposes of settlement; 4. Approving the proposed class action settlement, which is incorporated herein by reference; 5. Approving the application for payment to class counsel of attorneys' fees in the amount of $416,666.67 (1/3 of the Gross Settlement Amount); 6. Approving the appli...

Excerpt: ...part I, states that the "court shall review and approve any penalties sought as part of a proposed settlement agreement pursuant to this part." Plaintiff was employed with defendants BHC Sierra Vista Hospital, Inc. dba Sierra Vista Hospital and UHS of Delaware, Inc. from March 11, 2011, to September 20, 2017, initially as a case manager in the social services department and ultimately at the time of her resignation as a Licensed Marriage ...

Excerpt: ...subjected to other wrongful actions, including defamation. Plaintiff's eleventh cause of action for defamation is asserted against Dignity and her alleged former supervisors, Sherrilyn Pospisil, Kristen Anderly, and Laura Gaminde (collectively, “Individual Defendants”) Laura Gaminde has timely filed a joinder to this demurrer filed by Pospisil and Anderly asserting she should be entitled to the same relief on the same grounds. Gaminde's joind...