Excerpt: ...ter Plaintiff's ex parte application to continue was granted on June 18, 2019 based on Plaintiff's express representation that it was still working to prepare a motion for leave to amend its compliant. The Court received a late filed declaration from Plaintiff's counsel just prior to posting the tentative ruling indicating that he is still working on a motion for leave to amend. The original tentative ruling is republished below: Plai...

Excerpt: ...ter its decision to deny the motion. Plaintiff's objections to the declaration of Roberto Montoya are overruled. This is a nonjudicial foreclosure case that was filed on February 13, 2019. It concerns a residence Plaintiff purchased in 2004. To finance the purchase, Plaintiff obtained a loan from Homecomings Financial Network, Inc. (“Homecomings”) in the amount of $381,000, secured by a Deed of Trust recorded against 2062 Empire Mine Circle, ...

Excerpt: ...ot have facts sufficient to constitute a valid defense to the allegations in plaintiff's complaint which is otherwise sufficient to state a valid cause of action against defendant. Thus, plaintiff insists it is therefore entitled to judgment on the pleadings in the amount of $76,483.33 plus interest, costs of $834 and attorney fees of $7,882.50. Plaintiff is not entitled to judgment on the pleadings based on the allegations of the complaint and t...

Excerpt: ...ed 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 where substantial resources can be conserved by avoiding the time, cost, and rigors of formal litigation. (See Newberg on Class Actions 4th (4th ed. 2002) § 11.41 (and cases cited therein); Class Plaintiffs v. City of Seattle (9th Cir. 1992) 955 F.2d 1268, 1276...

Excerpt: ...7. With respect to CalTrans she alleges causes of action for Wrongful Death (Dangerous Condition of Public Property) and Wrongful Death (Negligence). Plaintiff alleges that a CalTrans employee who was intoxicated and distracted lifted the roadway for a boat but did not engage vehicle safety barriers. Plaintiff alleges that her father died while trying to rescue motorists whose vehicle had driven off the Tower Bridge. Plaintiff alleges that her fa...

Excerpt: ...iff Ralph Benson, Jr. Appearance is required on June 28, 2019. Plaintiff Ralph Benson, Jr. shall be available, by COURTCALL, to participate in oral argument on the continuance date. Defendant CDCR's unopposed demurrer to self‐represented Plaintiff Ralph Benson, Jr.'s first amended complaint is sustained without leave to amend. In this action self‐represented Plaintiff filed a form complaint indicating that he alleges causes of action for negl...

Excerpt: ...ed at 4720 Roosevelt Avenue #2, Sacramento, CA 95820 (the “Premises”). Plaintiff alleges in the Complaint as follows: On or about January 1, 2015, Plaintiff and Catalyst Property Management entered into a written agreement to rent the Premises. (Compl. ¶ 7.) The “relevant terms of th[e] agreement were that Plaintiff[] . . . w[as a] tenant[] and w[as] to pay the Defendants $725.00 a month in rent.” (Ibid.) Defendants “were the owners an...

Excerpt: ...ained while working for Defendant at KP International Market. (Complaint at ¶ 6.) Plaintiff was a helper in the tortilla making area. On March 17, 2017, Plaintiff was cleaning a tortilla maker, which is a “power press,” when her right hand was pulled into the tortilla maker causing her to suffer personal injuries. (Complaint ¶¶ 12, 13, 17.) Plaintiff filed her complaint on March 13, 2019, alleging violation of Labor Code § 4558 against De...

Excerpt: ...mpliance with CCP 1005. Despite its untimeliness, the Court has considered the opposition, although it did not contribute to the Court's ruling. The City's request for judicial notice of the tort claim presented to the City by Plaintiff is DENIED. The Court notes Plaintiff did not attach a copy of the tort claim to her FAC. The City demurs to the first cause of action for whistleblower retaliation pursuant to Labor Code § 1102.5 on the groun...

Excerpt: ...s' fees and litigation costs incurred attempting to enforce and collect on its judgment against judgment debtors RML Childrens Home, Inc., Reece Ventura, an individual, Rodina A. Ventura (aka Rodina A. Cordero), an individual, and RML Care Group, Inc. (collectively, “Defendants” or “Judgment Debtors”). This action arises from Defendants failure to comply with wage and hour laws. Plaintiff worked for defendants as a live‐in caregiver in ...

Excerpt: ... misrepresentation, and preliminary and permanent injunction. Plaintiff generally alleges CGI has failed to honor the terms of his employment agreement and compensate him in a timely manner. Plaintiff explains that pursuant to an Arbitrator's Final Award and a confidential Settlement and Release Agreement, CGI has agreed to make certain payments to some of its former shareholders (not including Plaintiff) in resolution of an action brought by the...

Excerpt: ... Amended Complaint (“FAC”), filed on April 18, 2017, generally alleges that Defendants rendered legal services in connection with a federal court case' involving 42 U.S.C. § 1988 (Archer v. Taft); that Defendants allegedly failed to render competent services; that Defendants allegedly made misrepresentations to Plaintiffs regarding Plaintiffs' ability to recover attorneys' fees in that action, and Defendants' skills as attorneys; and tha...

Excerpt: ...ce is granted. This action arises out of a dispute related to the construction of a new commercial building located at 9250 Big Horn Boulevard in which plaintiff Mahmoud Khattab. M.D. (“Dr. Khattab”) operates his medical practice. Dr. Khattab and Big Horn entered into a construction agreement with the LLC and Sheba Construction, Inc. (“Sheba Construction”), whereby the LLC world serve as the project developer for the building's constr...

Excerpt: ...September 12, 2016, against Civic and Denova Homes, Inc. because Plaintiffs' claim the living conditions at the Bentley Place apartment complex ("Bentley Place"), in which the Plaintiffs (a single mother and two minors) lived for more than a year, were uninhabitable. Plaintiffs' allege causes of action for (1) Premises Liability, (2) Violation of Civil Code § 1942.4, (3) Breach of the Warranty of Habitability, (4) Private Nuisanc...

Excerpt: ... specific evidence which is claimed to show the existence or non‐existence of a triable issue of material fact. *** Defendant and Cross‐Complainants Sahar Rawan Nazarzai (“Sahar”), Wadan Nazarzai, Balka Nazarzai, and Roshana Nazarzai's (collectively “Defendants”) “Joint motion for summary judgment, or in the alternative, summary adjudication” is ruled upon as follows. As an initial matter, the Court observes that although the movi...

Excerpt: ...d Confidential Settlement and Mutual Release Agreement dated May 21, 2019, both of which were lodged conditionally under seal on June 5, 2019. Both documents were lodged conditionally under seal as independent documents and neither document was filed. Plaintiff also lodged an unredacted memorandum of points and authorities in support of Plaintiff's motion for preliminary injunction, which narrowly redacts certain confidential settlement terms. Pl...

Excerpt: ...te unredacted memorandum of points and authorities in opposition to Defendant's MSJ/MSA [and substitute a redacted version] and the complete unredacted declaration of Matthew Breining in opposition to Defendants' MSJ/MSA [and substitute a redacted version]. Plaintiff's complete unredacted memorandum of points and authorities was lodged conditionally under seal on May 24, 2019. Exhibit B to the declaration of Mathew Breining was lodged conditional...

Excerpt: ...s directed to contact Defendant's counsel forthwith and advise counsel of Local Rule 1.06 and the Court's tentative ruling procedure. If Plaintiffs' counsel is unable to contact Defendant's counsel prior to the hearing, Plaintiffs' counsel shall be available at the hearing, in person or by telephone, in the event the opposing party appears without following the procedures set forth in Local Rule 1.06(A). Plaintiffs' motion seeks to strike objecti...

Excerpt: ... App. 4th 1277, 1291), and the meet and confer requirement imposes a duty of good faith on both parties. Gamesmanship is disfavored. This is a representative action in which Plaintiff seeks to represent all current and former hourly or non‐exempt employees who worked for Defendant within California at any time from July 31, 2013 through the date of final judgment. Plaintiff's claim is based on Defendant's alleged failure to compensate employees...

Excerpt: ...RTCALL, 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, with five additional calendar days for service by US Mail. Code of Civil Procedure section 1005 requires that the 16 court days be computed before counting ...

Excerpt: ...f George and Jody Parks now seeks an order allowing him to continue the pending action as Jody Parks' successor in interest. SMUD opposes the motion on the basis that Mr. Darr is not a proper successor in interest because his brother has an equal right to any estate and must be present in this action or must authorize Mr. Darr to act on his behalf in order to prevent multiple lawsuits. “On motion after the death of a person who commenced an act...

Excerpt: ... Defendant breached fiduciary duties owed to the corporation and Defendant has filed a cross‐complaint alleging that Plaintiff breached fiduciary duties. At issue on this motion are Defendant's responses to Plaintiff's special interrogatories nos. 1, 4‐12, 16 and 17. With respect to No. 1, Defendant indicates in opposition that he has now served an amended response which resolves the issue related to this interrogatory. In reply Plaintiff ind...

Excerpt: ...willful misconduct; (2) negligence; (3) elder abuse; (4) breach of fiduciary duty; (5) wrongful death; and (6) loss of consortium. The Complaint was filed on September 1, 2016. The complaint alleges that the Decedent was voluntarily admitted to UC Davis Medical Center (“UCD”) on August 19, 2014, for kidney transplant surgery. (Compl. ¶ 9.) He was 71 years old at the time. The Decedent underwent surgery on August 20, 2014, and was shifted to ...

Excerpt: ...nd Cause of Action is for violation of Labor Code § 226. Labor Code § 226 provides for a penalty against employers who fail to provide itemized Labor Code compliant wage statements. Defendant only demurs to the Second Cause of Action. In the Second Cause of Action Plaintiffs allege that Defendant failed to provide accurate itemized wage statements. They allege that while they and the other putative class members were paid hourly, the wage state...

Excerpt: ...sidered "brief." Defendant Logos Property Investment S, LLC (“Logos”) argues that the motion is defective for the following reasons: (1) the notice of motion fails to include the Local Rule regarding the tentative ruling system, and (2) defective proof of service. The Court declines to deny the motion on these grounds. First, Logos proffers no legal authority that the failure to include the Local Rule requires denial of the motion. Se...