Excerpt: ...mes they purchased were not subject to Mello‐Roos taxes. The Plaintiffs allege that they would not have purchased the homes had they known that they were subject to the taxes. Cross‐Defendants were not named in the complaint. Cobalt's cross‐complaint it alleges causes of action for equitable indemnity, contribution and declaratory relief against Cross‐Defendants. Cobalt alleges that it denies the allegations in Plaintiffs' complaint. (X�...

Excerpt: ...”) First Amended Complaint (“FAC”) is ruled upon as follows. Plaintiffs' request for judicial notice of documents in the Court's file is granted. On May 23, 2019, this Court granted Dignity Health's special motion to strike the fifth cause of action in Dr. Babb's FAC. Dignity Health seeks attorney's fees and costs in the total amount of $8,956.96. A prevailing defendant on an anti‐SLAPP motion is entitled to recover his or her attorneys' ...

Excerpt: ...stries. The Complaint alleges product liability, negligence, and wrongful death against five defendants. Although plaintiff alleges that "plaintiff's Board of Directors and President turned their backs to the safety of employees," plaintiff has failed to allege any wrongful conduct of any of the defendants', including defendants' President or Board of Director. This conclusionary pleading is insufficient to allege the specific...

Excerpt: ...action for civil penalties under the Private Attorney General Act (“PAGA”). Defendants oppose, arguing that the new cause of action which would put “millions of dollars in civil penalties at issue” is time‐barred particularly since the relation‐back doctrine would not apply and that the addition of the untimely cause of action would cause prejudice, forcing defendants to expend significant resources to challenge the meritless cause of...

Excerpt: ...uiring that issue(s) 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 evidence (including all declarations) with a table of contents when evidence exceeds 25 pages. Factual Background This is a nonjudicial foreclosure action. According to the complaint, OLS intentionally ...

Excerpt: ...the trial of this matter as the issue presented here can be resolved as a matter of law as there are no triable issues of fact standing in the way of such a determination. This Motion addresses the Applied Underwriters Captive Risk Assurance Company's (herein “AUCRA”) efforts to enforce the Reinsurance Participation Agreement (herein “RPA”) addressed in the First Cause of Action in Plaintiff's Complaint alleging unlawful business practice...

Excerpt: ...d attached thereto. The motion is denied as to Ex C, plaintiff's deposition testimony, as it is not the proper subject of judicial notice. The Court is not ruling on the evidentiary objections because it is not considering the plaintiff's deposition testimony in ruling on this motion. Plaintiff's representative PAGA action against Defendants Warehouse Demo Services, Inc. ("WDS") and Club Demonstration Services, Inc. ("CDS&...

Excerpt: ...‐Complainant Isabella Garcia (fka/aka as Jessica Lynn Langshaw, herein referred to as “Garcia”) alleges a series of events and a long course of action taken against her by Cross‐Defendants Carlos Gonzales (fka/aka Raul Samuray Umana), Carmen Torres (fka/aka Corenna Martin) and Rosie Valenz (fka/aka Beatris Flores). Under circumstances that are not explained in the FACC, Garcia somehow came to know and live with all the Cross‐Defendants....

Excerpt: ..."PAGA"), Labor Code § 2699 on behalf of the State and other aggrieved employees for alleged Labor Code violations by Defendants Private National Mortgage Acceptance Company, LLC, PennyMac Financial Services, and PennyMac Mortgage Investment Trust's ("Defendants"). Plaintiff demurs to the following Affirmative Defenses in the Answer to the First Amended Complaint: 1, 2, 3, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19,...

Excerpt: ...employment with Goodwill Industries. Decedent is alleged to have sustained a fatal head injury when he placed his head within the frame of the dumpster and was then crushed by a stationary compactor. All the defendants are aggregated into the same category and are alleged to have been liable for a defective roll‐off truck, refuse bin, stationary compactor, loading dock with a marked slope and/or related component parts. These items are alleged ...

Excerpt: ...d Irrig. Dist. v. Empire Water Co. (1941) 44 Cal.App.2d 61, 68 [recorded land documents, not contracts, are the subject of judicial notice on demurrer].) The court, however, does not accept the truth of any facts within the judicially noticed documents except to the extent such facts are beyond reasonable dispute. (See Poseidon Devel., 152 Cal.App.4th at 1117‐18.) see also Fontenot v. Wells Fargo Bank, N.A. (2011) 198 Cal.App.4th 256, 265 (“[...

Excerpt: ...granted as to Exhibits 1‐5, but denied as to Exhibit 6. Defendants' request for judicial notice is granted. While defendant Old Navy (ITM) Inc. filed its own separate demurrer independent from the other three moving defendants, the demurrers are substantively identical and seek relief on the same grounds. Plaintiff also filed a single opposition to both demurrers. Given the foregoing, the Court will address both demurrers in this single ruling ...

Excerpt: ...rmanent hair loss (alopecia) as a result. Plaintiffs allege McKesson is a distributor of Taxotere. Plaintiffs filed their Complaint on December 9, 2016, and the First Amended Complaint (“FAC”) on February 2, 2017. The FAC alleged several tort‐based causes of action premised upon allegations that Defendants knew patients who take Taxotere are at a significantly increased risk of suffering permanent hair loss but failed to provide proper warn...

Excerpt: ... mashed a pie into Defendant's face at the event, and Defendant then allegedly punched Plaintiff multiple times. Plaintiff was criminally prosecuted for his actions and ultimately pled no contest to Penal Code § 415(1). Plaintiff filed this civil action against Defendant on September 19, 2018, alleging battery, assault, negligence, intentional infliction of emotional distress, and civil rights violation under 42 U.S.C. § 1983. On March 15, 2019...

Excerpt: ...ication, as to the complaint of plaintiffs Ryan Eastlick and Shareen Eastlick is denied as set forth below. Defendants' request for judicial notice is granted. Plaintiffs' objections to evidence are ruled upon as follows: Corbo Dec.: Overruled ‐ 1, 3, and 4; Sustained ‐ 2. Defendants' objections to evidence are ruled upon as follows: Stevick Dec.: Overruled ‐ 2, 3, 4, 5, 7, 9, 10, 11, and 12; Sustained ‐ 1, 6, and 8. Plaintiffs Ryan and S...

Excerpt: ...ANTED as set forth below. In this Lemon Law action involving a 2014 GMC Acadia vehicle, which Plaintiff alleges suffered from various defects, including engine and transmission defects, Plaintiff seeks to compel Defendant to provide full and complete responses to certain requests for production (set one). Requests nos. 1, 10, 17, 19, 20‐24, 35, and 37‐42 relate to Defendant's investigations and analysis regarding the defects. Requests 7, 58, ...

Excerpt: ...provide the tentative ruling to plaintiff Frank Dearwester. Appearance is required on July 10, 2019. Plaintiff Frank Dearwester shall be available, by COURTCALL, to participate in oral argument on the continuance date. Self‐ represented Plaintiff Frank Dearwester's motion to withdraw voluntary dismissal is denied. At the outset, it bears noting that the motion lacks sufficient notice. C.C.P., sec. 1005 requires 16 court days notice of motion, w...

Excerpt: ...ing and fulfillment company with its principal place of business in Rancho Cordova. SERP is an educational non‐profit entity based in the District of Columbia that develops and provides educational resources to schools. SERP's products are offered free of charge on its website, though some facilities purchase preprinted materials. SERP contracts with printing companies to fulfill orders for hard copy material. The underlying judgment is premise...

Excerpt: ...�the default and default judgment were entered as a result of surprise and Defendant's reasonable mistaken belief that the case had been dismissed and should be set aside on equitable grounds and that Notice of Entry Default, preceding Entry of Default Judgment, was not received by Defendant.” (P&As at 3.) The Court notes that, appropriately, Defendant does not seek relief pursuant to Code of Civil Procedure section 473(b). Such relief is n...

Excerpt: ...ntiff Tiffany Geist's pleading. Plaintiff Geist has alleged that moving Defendant is liable, among other defendants, for personal injuries she sustained during two motor vehicle accidents. (Register of Actions (“ROA”) 1. Plaintiff Geist's original pleading does not name “Hector A. Sandoval Madera” as a party to this action, and moving Defendant Pugh seeks to add him as a cross‐defendant who may have some responsibility for the motor veh...

Excerpt: ... Wells Fargo Bank (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...

Excerpt: ... of the Summons and Complaint on June 17, 2019, which states that Defendant Tu Che was personally served on April 12, 2019. (ROA 21.) Defendant first moves pursuant to CCP § 473(b) to set aside the default based on inadvertence, mistake, surprise, or excusable neglect. In support of his motion, Defendant provides a declaration in which he asserts that the Proof of Service in his case appears faulty, as it states that he was personally served, ye...

Excerpt: ...rt for her after his death, she and her son lived with Sam Fong and she fulfilled the duties and role of a spouse. In September 2016, Sam Fong created a trust that would have fulfilled the promises of support he made. In July 2017, after becoming ill and shortly before his death, Sam Fong purportedly executed a restatement of the Trust that removed Plaintiff as a beneficiary except for what support had already been provided. Plaintiff commenced t...

Excerpt: ...similarly situated individuals employed by Defendant Air Products And Chemicals, Inc. ("Defendant"). Plaintiff worked for Defendant in California from July 2016 until about April 4, 2018. Plaintiff alleges that Defendant failed to pay wages in a timely manner and thus that Defendant is liable for civil penalties pursuant to the PAGA. Defendant denies all liability. After conducting six months of informal discovery and engaging in mediatio...

Excerpt: ...d or have been employed by DEFENDANTS in the State of California as hourly, Non‐Exempt drivers, truck drivers, truck workers, delivery truck drivers, trailer truck drivers, industrial truck drivers, warehouse workers, inventory control clerks, and/or similar job designations and titles during the period of the relevant statute of limitations.” (Comp. ¶ 47.) Numerous sub‐classes are also alleged. Defendant issued a subpoena to non‐party A...