Excerpt: ...then propounded Requests for Admissions. Defendant did not respond. The Court deemed the truth of the matters specified in Plaintiffs Request for Admissions as admitted on June 19, 2019. (See Minute Order Dept 53, June 19, 2019.) Pursuant to the Court's June 19, 2019 Order, the defendant has admitted that she was issued the subject credit card, that she used the credit card to make charges, that she was to repay the plaintiff the principal am...

Excerpt: ...sel included in Counsel's declaration. It is axiomatic that arguments are not evidence. The mere inclusion of arguments in a declaration does not make them evidence. The Court further notes that had it sustained any of the objections, it would not have changed its decision. Factual & Procedural Overview Plaintiff commenced this wage‐and‐hour case asserting three causes of action for failure to pay wages, unfair competition, and penalties unde...

Excerpt: ...r July 29, 2019, and served the depositions notices via U.S. Mail on July 10, 2019. (Asterlin Decl., Exh. 1.) Pappas served objections to each of the deposition notices on July 25, 2019, four days prior to the depositions. (Ching Decl., Exh. A.) The objections were sent via overnight mail and via email to Plaintiff. (Asterlin Decl., Exh. 6.) On reply, Plaintiff indicates the parties resolved the matter as to the PMK regarding maintenance of the s...

Excerpt: ...to an arbitration agreement which includes the following provision: Fitness Evolution and I agree to submit all disputes exclusively to Final and binding arbitration according to the Federal Arbitration Act and the procedures of the California Arbitration Act. The claims which are to be arbitrated according to this agreement include, but are not limited to the following types of claims: wages and other compensation; breach of express or implied c...

Excerpt: ...for the purpose of Defendant acquiring a Cynosure Sculpsure Laser System (the “Equipment”). Plaintiff filed this action on May 30, 2018, alleging three causes of action for (1) breach of Equipment Finance Agreement (“EFA”), (2) claim and delivery, and (3) conversion. By this motion, Plaintiff purports to move for summary judgment as to all causes of action in the complaint. The Court, however, cannot treat this motion as one for summary j...

Excerpt: ...disgorgement of money paid to Defendant Osvaldo Martin “pursuant to California Business and Professions Code 7031(b) because Defendant engaged in the business of a contractor without a valid contractor's license and Plaintiff is therefore entitled to recover all compensation paid to Defendant for those acts that required a contractor's license. The amount of compensation not in dispute between the parties totals $65,722.” (Motion, 2:1...

Excerpt: ...s fail to specify in their complaint whether their causes of action are based on Federal law, State law, and/or common law. Plaintiffs allege that since at least 2000, they have owned and operated a business that organizes, coaches, trains, and supports youth female softball players individually, as teams, and in semi‐annual leagues with an emphasis on preparing the players to play on the collegiate level and showcasing their talents and abilit...

Excerpt: .... The opposition does not explain why the opposition was untimely. Even though the opposition was only filed one day late, the Court must express its frustration with untimely filings as they demonstrate a lack of respect for the rules of Court and the Court's time and resources. Counsel are expected to comply with the rules of Court. This time the Court has considered the opposition, but continued untimely filings may lead to the filing not bein...

Excerpt: ... copy of that Minute Order on Real Party in Interest on April 11, 2019. After receiving no response, Petitioner filed a Motion to Strike on May 7, 2019. On June 10, 2019, Real Party in Interest provided Petitioner with an incomplete and unverified response, i.e., nine invoices with checks. On June 13, 2019, Petitioner mailed Real Party in Interest a letter advising that his responses were incomplete and unverified. Petitioner gave Real Party in I...

Excerpt: ... June 2014, Defendant issued two personal checks to Plaintiff for $20,000 each, which Plaintiff was unable to deposit in repayment for the personal loan due to insufficient funds. (Compl. ¶¶ 5‐6.) The complaint alleges two causes of action: breach of contract and violation of Civil Code section 1719 (passage of checks on insufficient funds). Trial is scheduled for October 15, 2019, and a Mandatory Settlement Conference is scheduled for Septem...

Excerpt: ... June 4, 2019, The Court granted Defendant Do's Special Motion to Strike (antiSLAPP motion) and awarding attorney fees and costs. (ROA #46) Plaintiffs Dat Minh Ma and Lee Vo filed a defamation lawsuit against Defendant Be Thi Nguyen, Lan Anh Do, and James Gilliam on December 10, 2018. Plaintiffs' Complaint alleged that Defendants made false and malicious statements about Plaintiffs in public and private settings. Plaintiffs, in particular...

Excerpt: ...nd motion matters. *** Defendant Norcal Masonry Builders, Inc.'s (“Norcal”) demurrer to all six causes of action alleged in plaintiff Bay Cities Paving & Grading, Inc.'s Third Amended Complaint (“3AC”) is ruled upon as follows. Overview In this action plaintiff alleges that it formed a joint venture with C.C. Myers, Inc. (“CCMI”), naming the joint venture “Bay Cities/Myers JV,” to bid on a CalTrans project. Bay Cities/Myers JV won...

Excerpt: ...pears. Appearance is required on August 20, 2019. Plaintiff Brian Spears shall be available, by COURTCALL, to participate in oral argument on the continuance date. Mr. Kratzer's request for judicial notice is granted. Plaintiff's opposition states that since the prison law library has been closed on the majority of the Saturdays, he has had insufficient access to do legal research since he is employed at the prison during the week. Plaint...

Excerpt: ...non‐existence of a triable issue of material fact. *** Plaintiff Anel Perez's motion for summary adjudication is ruled on as follows. Moving counsel failed to comply with CRC Rule 3.1350(b), requiring that the issues presented for summary adjudication be stated in the notice of motion and then repeated verbatim in the separate statement. Both moving and opposing counsel failed to comply with CRC Rule 3.1350(g), requiring a single volume of evid...

Excerpt: ... 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 in person or by telephone. Factual Background This action for breach of the warranty of habitability, nuisance and negligence was brought by several tenants of an apartment complex. The two...

Excerpt: ..., 2019 is overruled. The objections to plaintiff's declaration are sustained. Plaintiff alleges she is the lawful owner of certain residential real property located at 4340 Perry Avenue, Sacramento, CA 95820. In 2015 she borrowed $80,000 from The REO Group. Under the terms of the loan, the $80,000 was due on February 1, 2019. In January of 2019 plaintiff signed a modification making the final payment of $80,000, due February 1, 2020. Plaintif...

Excerpt: ...y causes of action including discrimination, retaliation and failure to engage in the interactive process, as well as common law claims for wrongful termination and declaratory relief. Defendants assert that plaintiff has refused to abide by the mandatory provisions of an arbitration policy which governed her employment and which she acknowledged on several occasions. According to defendants, the policy specifies that it is the arbitrator who is ...

Excerpt: ...e control of a restaurant owned by OSI on Natomas Crossing Drive. Application for Injunction. In December 2018 Ming first sought to enjoin Kenny from (1) representing himself as being an officer, director, employee or agent of OSI; (2) acting or purporting to act on behalf of OSI; (3) entering the restaurant or barring Ming from doing so; (4) controlling or transferring an assets of OSI; and (5) withholding or concealing any financial or operatio...

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: ...fendant has also filed a motion to compel Plaintiff to serve further verified responses to requests for production, set one. Lastly, Defendant has filed a motion to compel Plaintiff to serve further verified responses to requests for admissions, set one. Each motion is substantively similar and the parties raise the same, if not identical, arguments in support of and in opposition thereto. Accordingly, the Court is consolidating the three motions...

Excerpt: ... to resolve a portion of their discovery dispute, but the following discovery disputes remain at issue: (1) The compliance deadline for the document production by MP holdings; (2) Odor condition requests (RFP No. 12, 17, 19); (3) Requests regarding sewer and sewer odor (RFP No. 25‐27, 31‐32, 52‐53); (4) Requests regarding government citations and default notices to tenants (RFP Nos. 33 and 55); and (5) Form interrogatory No. 17.1 pertaining...

Excerpt: ... Sleep Train Arena around 5:30 to 6:00 pm for the game between the Kings and the Denver Nuggets. As she and her friend Mr. Romero were walking toward the tables to buy bobble heads, Rose slipped and fell to the floor, injuring her knees. She alleges that the floor was a dangerous condition. She alleges that a security guard and/or police officer looked at the floor and said it was slippery, although the undisputed evidence shows that the responde...

Excerpt: ...of the pleadings and irrelevant to the court's interpretation of the alleged contract on this motion. Molina's Evidentiary Objections are sustained. Plaintiff alleges a cause of action for breach of contract arising out of relationship with Molina. Plaintiff asserts that certain provisions of the 2015 Molina Healthcare Medi‐Cal Program Member Services Guide created a contractual duty for Molina to provide name brand prescriptions rather...

Excerpt: ...‐to‐carrier services provided by AT&T to Defendant O1 Communications ("O1"), for which defendant has allegedly failed to pay the appropriate amounts due. Under the ICA, AT&T provides, inter alia, transiting service to O1, which allows O1 to deliver certain telecommunications traffic (e.g., voice communications) to AT&T, for delivery by AT&T to third‐party telecommunications carriers, for ultimate delivery to the third‐party carrie...

Excerpt: ...kson alleges direct victim emotional distress in observing injuries to plaintiff Ava Walls. The Third Cause of action for Fraud in Concealment alleges that defendants knew that plaintiff Crystal Jackson would encounter a dangerous delivery that had the risk of brachial plexus paralysis, brain damage, and /or death yet chose to withhold this information from Crystal in order to avoid the cost of performing a medically necessary C‐Section. She al...