Excerpt: ...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 Stanley Arellano, D.D.S., Inc. dba Laguna Family Dental's (“Defendant”) Motion for Summary Judgment is DENIED. Location of Hearing The Court notes that moving party has not indicated any address for the hearing in its notice of motion. The correct...

Excerpt: ...at pursuant to local rules, only limited oral argument is permitted on law and motion matters. *** Defendant California Department of Corrections and Rehabilitation's (“CDCR”) demurrer to plaintiff in pro per's Third Amended Complaint (“TAC”) is SUSTAINED without leave to amend as to the Fifth Cause of Action for Harassment in Violation of the FEHA. This is the second demurrer upon which the Court rules in this case. The previous demurrer...

Excerpt: ...(1990) 220 Cal. 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 Cou...

Excerpt: ..., LLC, held on June 26, 2019. Plaintiff's discovery motions were filed on May 30, 2019. In the motions, Plaintiff requests supplemental responses to the following discovery: Requests for Production: (1) All DOCUMENTS that RELATE TO, reflect, refer to, or record the security procedures YOU required AGGRIEVED EMPLOYEES to perform when opening and/or closing a location during the RELEVANT TIME PERIOD. (7) All TIMESHEETS for AGGRIEVED EMPLOYEES. (8) ...

Excerpt: ...sed at the hearing. The parties should be prepared to point to specific admissible evidence which is claimed to show the existence or non‐existence of a triable issue of material fact. *** Defendant Health Net Federal Services, LLC's (“HNFS”) motion for summary adjudication on each of plaintiff's six causes of action and claim for punitive damages alleged in plaintiff's First Amended Complaint (“1AC”) is GRANTED IN PART and DENIED IN PA...

Excerpt: ...iled this action on March 11, 2019, individually and on behalf of all aggrieved employees. The Complaint alleges one cause of action under the Private Attorney General Act of 2004 ("PAGA") found at Labor Code §2698 et seq., based on Defendant's alleged failure to provide an adequate number of suitable seats in violation of Labor Code section 1198. Defendant argues that this action should be abated, as it is entirely duplicative of an...

Excerpt: ... and motion matters. *** Defendants Department of Fish and Wildlife (“Department”) and Charlton Bonham's demurrer to Plaintiffs South Yuba Water District (“District”), et al.'s Second Amended Complaint (“2AC”) is ruled upon as follows. Opposing counsel failed to comply with CRC Rule 3.1110(b)(3)‐(4). Factual Background This action relates to the South Canal Diversion, a water diversion facility on the Yuba River in Yuba County, whic...

Excerpt: ...ocal Rules, effective 1/1/2019. Moving counsel failed to comply with CRC Rule 3.1110(b)(3). Opposing counsel failed to comply with CRC Rule 3.1110(b)(3)‐(4). Factual Background This action arises from plaintiffs' attempt to purchase a business from defendants. Analysis Breach of Contract. The demurrer to the breach of contract cause of action is sustained. This cause of action alleges in pertinent part: The discussion and Letter of Agreement be...

Excerpt: ...ng customer at Defendants' Hotel. While in the hot tub, she began experiencing itching and burning sensations all over her body which quickly turned into major burns and welts. The first amended complaint asserts causes of action for negligence and premises liability. Defendants move for summary judgment/adjudication on the ground that each cause of action fails due to absence of evidence. Defendants' undisputed material facts show that after Pla...

Excerpt: ...iffs Geoff Scott and Rebecca Scott's (collectively, “Plaintiffs”) First Amended Complaint (“FAC”) is OVERRULED. This action arises out of Plaintiffs' involvement as members, managing members, and former employees of Track 7. In this action, Plaintiffs allege various employment related claims and claims for breach of contract and declaratory judgment related to alleged compensation owed as a managing member. Plaintiffs filed their FAC on A...

Excerpt: ... performing a massage on Plaintiff. Plaintiff filed the operative FAC on April 19, 2019, alleging causes of action for: (1) sexual battery (Civil Code § 1708.5); (2) discrimination in the provision of business services (Unruh Act: Civil Code §§ 51, 52); (3) unlawful sexual violence (Civil Code § 51.7); (4) negligent hiring, training, supervision, and retention; and (5) intentional infliction of emotional distress (“IIED”). The parties eng...

Excerpt: ...und the entire edge of the pool and dips down to 6 feet in the center. Plaintiff dove into the pool and was injured. Plaintiff filed his complaint on May 31, 2018, alleging general negligence, premises liability, and products liability. After Plaintiff received discovery responses and documents from Defendants identifying the contractors involved in the design and construction of the pool, Plaintiff and Defendants have agreed to settle the matter...

Excerpt: ...ment, thereby preliminarily approving the terms of the settlement. By this motion, Plaintiff now seeks final approval of the settlement. In this wage and hour action, Plaintiff alleges Defendants' policies and practices resulted in numerous violations of California law, including the: 1) failure to pay overtime wages; 2) failure to pay minimum wages; 3) failure to provide meal periods; 4) failure to provide rest periods; and 5) failure to provide...

Excerpt: ...mber 29, 2016, incident that occurred at the ice skating rink located in downtown Sacramento, which was operated by Special Ice. DSP owns the real property on which the ice skating rink is located. DSP and Special Ice entered into a written contract for the operation of the ice skating rink. Plaintiff Dyan McMiller, a 65 year old woman, fell while skating backwards. Plaintiff tried to brace her fall with both hands and suffered bilateral fracture...

Excerpt: ... 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 Polly McGilvray's (“McGilvray”) motion for summary judgment, or in the alternative, summary adjudication is ruled upon as follows. Overview This is an action for professional negligence and breach of fiduciary duties. Plaintiff Diane Brennan (“Plaintiff”)...

Excerpt: ...ses, without objections, to Defendant's form interrogatories, set one, special interrogatories, set one, and request for production, set one. Plaintiff was ordered to serve verified responses, without objections, on or before April 5, 2019. Plaintiff has failed to comply with this Court order and Defendant now moves for terminating sanctions or in the alternative evidentiary sanctions. Defendant also seeks monetary sanctions. For misuse of the di...

Excerpt: ...ear all discovery motions in this case. On June 7, 2019, in ruling on an earlier discovery motion, the Court stated "The Court notes that in addition to the three motions on today's calendar there appear to be additional discovery motions pending in this case. The Court is well familiar with the numerous discovery disputes that arise in elder abuse cases. The Court perceives that this dispute is simply one of many to come. Given the natur...

Excerpt: ...4;City") Zoo fell on her. Plaintiff was working as a job coach for InAlliance, a company that provides training to adults with disabilities to help them integrate into the community. On 6/2/2016, City filed a cross‐complaint against InAlliance and Summer Owens for indemnity, apportionment of fault, and declaratory relief. The proof of service shows that the summons and cross‐complaint was personally served on Sandra Bishop on 6/2/2016 at ...

Excerpt: ...verruling in part Defendants' demurrer to the FAC held that any allegations pertaining to Plaintiffs' conditional use permit (“CUP”) for a gas station at the Curtis Park Village Commercial Center (the “Gas Station Project”) could not serve as the basis for liability for the second, third, and fourth causes of action in the FAC. The Court found those allegations would fall before the various immunities and protections afforded to the City ...

Excerpt: ...ntiff alleges that “while under the influence of alcohol” Defendant failed to slow for traffic and rear‐ended a vehicle which was pushed into Plaintiff's vehicle. (Comp. ¶ 6.) Plaintiff alleges that Defendant “had been drinking alcohol and had notice that [she was] driving under the influence of alcohol and that [her] conduct created a dangerous condition and that the situation was unreasonably dangerous to Plaintiff and to public safety...

Excerpt: ...a Memorandum of Costs, seeking $5,226.52 in costs. Defendants now move to tax various costs on the grounds that they were not reasonably necessary and/or not reasonable in amount. Defendants oppose. The Court rules as follows. A prevailing buyer in a Song‐Beverly action is entitled to "the aggregate amount of costs and expenses, including attorney's fees based on actual time expended, determined by the court to have been reasonably incu...

Excerpt: ...lemental request for judicial notice. TSCS seeks to set aside the default and default judgment entered against it on December 27, 2018 and January 7, 2019 respectively pursuant to the mandatory and discretionary provisions of CCP § 473(b) and CCP § 473.5. Plaintiff vigorously opposes the motion. This matter involves an attorney fee dispute between TSCS and Plaintiff Benjamin Law Offices in connection with Plaintiff's representation of TSCS. TSC...

Excerpt: ... to provide full and complete responses to certain requests for production. Requests Nos. 30‐33 relate to consumer complaints and Defendant's repurchases of vehicles (same year, make and model as Plaintiffs' vehicle) which suffered the same defects as Plaintiffs' vehicle. Defendant interposed numerous objections to the requests for production, including objections based on relevance, burden and oppression and trade secrets. The Court rejects De...

Excerpt: ...iff's request for admission no. 44 which asked Defendant Logan Babbitt to admit that Plaintiff's damages are $500,000. Defendant's response consisted solely of objections: “Responding Party objects to this request on the grounds that it is vague, ambiguous, harassing, oppressive, unduly burdensome, premature, calls for a legal conclusion and expert opinion, and represents an invasion of privilege, including but not limited to the litigation pri...

Excerpt: ...s entity unknown.” It is clear the Court has jurisdiction to amend a Judgment to reflect a Defendant's true name. (Thompson v. L.C. Roney, (1952) 112 Cal.App. 2d 420, 425 ["The order here under consideration does not effect an enlargement of the original judgment nor is it a modification thereof to correct a supposed error of law. It is simply an amendment whose purpose is to designate the real name of the judgment debtor."]; Jack Faren...