Excerpt: ... Subpoena”). (King Decl. ¶ 3, Exh. A.) KP Cal moves to quash on the grounds that: (1) the First Subpoena was not personally served on Ms. Ognissanti; (2) the Notice and Subpoena are in defective form because they seek the deposition of an unknown individual named “Christina Ognissanti;” (3) Plaintiff was required but failed to obtain leave of Court to serve the deposition notice pursuant to CCP § 2025.210 as KFHP had yet to appear in the ...

Excerpt: ...ion arises from personal injuries suffered by Plaintiff as a result of Sutter's alleged wrongful conduct surrounding the August 28, 2017, death of Plaintiff's husband. Plaintiff's husband allegedly received a morphine drip of 250 milligrams over less than 90 minutes, despite an order from his physical for a morphine drip at 1 milligram per hour. This instant dispute concerns the following document request (RFPD, set three, number 13): “The docu...

Excerpt: ...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, § 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 r...

Excerpt: ...d Defendant with a Demand for Inspection of Documents (Set One), which included 17 document requests, on May 15, 2019. (Park Decl. Ex. 1.) On June 19, 2019, Plaintiff received Defendant's responses, in which she objected to each discovery request on the same grounds. (Park Decl. Ex. 2.) On June 24, Plaintiff's counsel served Defendant with a meet and confer letter, describing the purportedly deficient response. (Park Decl. Ex. 3.) Defendant did n...

Excerpt: ... was filed in July 2014 with the others being filed in October and November 2014 and March 2015. The actions were consolidated for all purposes through various orders and the matter stayed until completion of the SB800 pre‐litigation procedures. The Court need not remind counsel that a stay order suspends all proceedings in the action to which it applies. Indeed, a stay freezes a court's proceedings at a particular point. Bruns v. E‐Comme...

Excerpt: ...ks terminating and monetary sanctions on the basis that Claimant has not provided the Court ordered responses. For misuse of the discovery process, including as is the case here, disobeying a court order to provide discovery, the Court may impose a terminating sanction by one of the following: an order striking out the pleadings or parts of the pleadings of any party engaging in the misuse of the discovery process or an order dismissing the actio...

Excerpt: ...Abuse Act on the basis that Plaintiffs failed to allege facts to show Defendant acted with recklessness, oppression, fraud, or malice. The motion is granted. As seen from the Court's ruling on the demurrer the Court sustained Defendant's demurrer to the Elder Abuse Cause of Action. The only causes of action remaining are for medical negligence and NIED. There is no basis for enhanced remedies under the Act or for punitive damages. The Court need ...

Excerpt: ...nt (“1AC”) plaintiff alleged he was rear‐ended by a truck, causing his vehicle then to strike the one in front. After the accident plaintiff contacted his insurer to make a claim under the uninsured motorist provision for his policy. The insurer subsequently took a recorded statement from its insured and is alleged to have “made an internal decision that Plaintiff was liable for causing the accident.” Plaintiff retained counsel and file...

Excerpt: ... even if s/he disagrees with the challenge to the pleading. Fong's request for judicial notice is granted. In taking judicial notice of these documents, the court accepts 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.) Overview Plaintiff alleges that beginning in 2015 he worked w...

Excerpt: ...llectively “Defendants”) demurrer to Plaintiff Matthew Davies' (“Plaintiff”) complaint is ruled upon as follows. Defendants' request for judicial notice is granted. In taking judicial notice of these documents, the court accepts 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, 120‐1...

Excerpt: ...gation in Orange County. They claim that three years later they still have not been informed of the status of the complaint and that the CJP is charged with protecting the public from judicial corruption. They allege that Defendants have failed to take adequate action in response to reports of judicial misconduct and improperly hid the nature of its investigations from the public. Plaintiffs also allege Defendants wasted taxpayer funds, and misus...

Excerpt: ...ttlement is committed to the Court's sound discretion. See Cal. Rules of Court, Rule 3.769; Fed. R. Civ. Proc, Rule 23(e); Wershba v. Apple Computer, Inc.(2001) 91 Cal. App. 4th 224, 234‐35.The trial court has broad discretion to determine whether a proposed settlement in a class action is fair. (Rebney v. Wells Fargo Bank (1990) 220 Cal. App. 3rd 1117, 1138.) The law favors settlement, particularly in class actions and other complex cases ...

Excerpt: ...omplaint on or about May 23, 2019,in propria personaalleging claims of “discrimination, unlawfully detained [sic], false arrest and imprisonment, unconscionability, harassment in the workplace, sexual harassment, harassment, slander, defamation, libel, child endangerment, civil rights violation, negligence, malic, oppression, wrongful termination, recklessness and fraud.” (Compl. p. 1.) The Complaint attaches hundreds of pages of exhibits, pr...

Excerpt: ...udulent health care billing of Medi‐Cal. The case remained under seal until October 22, 2018, when the Court issued an Order reflecting the State's election to decline intervention in the matter. On August 2, 2018, prior to the seal being lifted, Plaintiff filed a Cross‐Complaint against moving Defendant alleging claims of breach of contract, breach of the implied covenant of good faith and fair dealing, wrongful discharge and Labor Code viol...

Excerpt: ...ow. The alternative motion for summary adjudication is DENIED in part and GRANTED in part as set forth below. Plaintiff's action asserts employment retaliation and gender harassment. Her claims relate to her participation, experiences in, and ultimate dismissal from University's Department of Anesthesiology and Pain Medicine Residency Program, which is a three‐year graduate program accredited by the Accreditation Council for Graduate Medical Ed...

Excerpt: ...on for loss of consortium. Facts The Court finds the following facts to be disputed, unless otherwise noted. In April 2013, Plaintiff William Fastiggi underwent a surgical procedure to address a left lateral disc herniation at L4‐L5. Defendant Smith performed the left lateral L4‐L5 microdiscectomy. In September 2016, Mr. Fastiggi returned to Dr. Smith complaining of pain. Dr. Smith diagnosed a herniated nucleus pulposus; conservative care to ...

Excerpt: ... Plaintiff resolved the dispute in favor of Defendant. (Cook Decl. ¶5.) As a result, Plaintiff does not intend to pursue collection of the debt against the Defendant and requests the Court vacate the default and default judgment and dismiss this action without prejudice. (Id.) The Court's inherent equity power” allows the Court to “grant relief from a default judgment where there has been ‘extrinsic' fraud or mistake.” (Weitz v. Yank...

Excerpt: ...I and worked out of KSI's office in Sacramento County. Plaintiff alleges that KSI and co‐defendant Intel Corporation (“Intel”) jointly employed Plaintiff. Plaintiff was assigned to perform duties as an Inventory Specialist for Intel. Plaintiff does not dispute that a valid and binding arbitration agreement exists. She instead opposes on the grounds that: (1) Intel was a joint employer and has not moved to compel arbitration, (2) Intel and P...

Excerpt: ...es out of a dispute related to an application for credit. Plaintiff filed the instant action alleging causes of action for breach of contract, common counts and unjust enrichment. It alleges that pursuant to the application for credit and invoices issued pursuant to the application, Defendants owe it $96,589.22. Plaintiff sought a writ of attachment in the amount of $121,589.22 ($96,589.22 alleged outstanding balance + $25,000 anticipated attorne...

Excerpt: ... 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 in person or by telephone. Moving counsel failed to comply with CRC Rule 2.111(3) and Rule 3.1110(b)(3). This is a personal injury action. Plaintiff failed to respond at all to defendant's discovery...

Excerpt: ... to pending litigation stipulate in writing signed by the parties outside the presence of the court…, for settlement of the case,…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.” (CCP § 664.6.) On a 664.6 motion the “trial court merely resol...

Excerpt: ...s directed to contact defendant Tammy Pham and advise 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. 54. If moving counsel is unable to contact Tammy Pham prior to hearing, moving counsel is ordered to appear at the hearing in person or by telephone. As noted in this Court's 8/8/2019 ruling on defendant Hieu's Motion to Set Aside Default and Default J...

Excerpt: ...39;s complaint filed January 3, 2017, alleges Failure to Reasonably Accommodate, Failure to Engage in a Good Faith Interactive Process, Disability Discrimination and Failure to Correct Retaliation and/or Discrimination under the California Fair Employment and Housing Act ("FEHA") against her former employer Dignity Health. Lewis also alleges retaliation for using California Family Rights Act ("CFRA") protected leave. The discrimin...

Excerpt: ... common law emotional distress claim. Defendant Sutter Health's recently demurred to the 2AC on various grounds including that plaintiff failed to exhaust her administrative remedies against Sutter Health inasmuch as the latter was not named in plaintiff's administrative complaint. The demurrer was sustained but with leave to amend on 8/19/2019. By the present motion which was filed on 7/10/2019, defendant Sutter Health seeks pursuant to Code of ...

Excerpt: ...egedly tripped and fell on a curb in Defendants' parking lot. The Court issued a tentative ruling granting Defendants' motion for summary judgment. Plaintiff did not file a written opposition to the motion. However, she appeared at the May 30, 2019 hearing and the Court took the matter under submission. On May 31, 2019, the Court issued a ruling indicating that it had “fully considered the arguments of all parties, both written and oral, as wel...