Excerpt: ...ded complaint (“FAC”) 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, 120‐121.) This is a declaratory relief action whereby Bielejeski, ...

Excerpt: ...Court ordered the case be transferred to this Court. On March 4, 2019, this Court sustained Defendant's demurrer to the original complaint on the ground that the complaint was uncertain. Plaintiff thereafter filed the operative first amended complaint. The form complaint appears to be identical, or nearly identical, to the original form complaint that Plaintiff filed. What is new is the “First Amended Complaint” attachment that Plaintiff adde...

Excerpt: ...ident, in which Defendant Joseph Short drank cooking wine from the fridge during his shift as head chef at Paragary's Restaurant, and then drove home intoxicated. On his drive home, he hit a car parked on the shoulder, killing Plaintiff Tien Hoang Condell's (“Plaintiff”) husband, David Condell, and injuring Plaintiff. Defendants present 16 purported undisputed material facts “UMFs” in support of their motion for summary judgment, arguing ...

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: ...Plaintiff on May 5, 2016 to work at Express's Sacramento Airport Ramp facility. (Smith Decl. Ex. A.) Plaintiff worked for one hour on May 25 and resigned on June 1, 2016. (Smith Decl. Ex. C.) Plaintiff was hired by Express again on November 2, 2016 as a part‐time Handler in the same location. (Id. Ex. D.) Plaintiff worked 19 days, and then on December 21, Plaintiff advised her manager that she would submit her two weeks' notice the following da...

Excerpt: ...n Plaintiffs from: 1. Attempting to notice shareholder or board of director meetings for the Franchise Corporation; and 2. Otherwise attempting to disturb the status quo through interference with the ongoing operations of the Restaurants, the LLC, or the Franchise Corporation. Defendants' request for judicial notice is unopposed and is GRANTED. Plaintiffs' Evidentiary Objections are ruled on as follows: ‐ Sustained: Donoho Decl. nos. 1, 2, 3, 5...

Excerpt: ...on March 15, 2019. (ROA # 141.) The proof of service attached to the Notice of Entry of Judgment states the notice was served on Plaintiff via mail on March 15, 2019. (Id.) DGS filed a Memorandum of Costs ("MOC") on April 2, 2019, in which it claimed $9,956.59 in costs as the prevailing party. (ROA # 143.) On April 22, 2019, Plaintiff filed a motion to tax $5,380.61 of the claimed costs, arguing they are not recoverable under Code of Civi...

Excerpt: ...nt 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 negligence and intentional tort. Plaintiff alleges that a correctional officer disrupted a religious service. The Court previously sustained CDCR's demurrer o...

Excerpt: ...pp.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., supra, 152 Cal.App.4th at 1117‐ 18.) see also Fontenot v. Wells Fargo Bank, N.A. (2011) 198 Cal.App.4th 256, 265 ("[A] court may take judicial notice of the...

Excerpt: ...n essentially state that in September 2017, plaintiff issued check #9171 payable solely to defendant Preet in the amount of $3950 but when Preet stated that check #9171 did not arrive, plaintiff issued a replacement check (#9202) payable to Preet who subsequently cashed the replacement check (#9202), receiving $3950. The first cause of action then asserts that on 5/14/2018 Preet cashed the original check which was reportedly not received (#9171) ...

Excerpt: ...If oral argument is requested in an attempt to obtain leave to amend, defendant/cross‐complainant shall be prepared to specifically discuss the new or different facts which may now be alleged in good faith to overcome the deficiencies noted below. *** Cross‐defendant Signature Stock Transfer's (“SST”) demurrer to defendant/crosscomplainant in pro per Maciora's First Amended Cross‐complaint (“1AXC”) is ruled upon as follows. Moving c...

Excerpt: ...otion of Plaintiffs 9250 Big Horn Holdings, Inc., Mahmoud Khattab and Mahmoud Khattab, M.D., Inc. (collectively “Plaintiffs”) for a preliminary injunction prohibiting Defendant Sheba Development, LLC (“Defendant”) from seeking to record a notice of default, notice of sale, or foreclose on the property situated at 9250 Big Horn Boulevard in Elk Grove, California is GRANTED in part and DENIED in part. The objections of Plaintiffs and Defend...

Excerpt: ...pped and fell on a substance on the floor at a Rancho Cordova Target store in July 2017. Defendant seeks summary judgment on the basis that it had no actual or constructive notice of a dangerous condition prior to the incident. Defendant argues that it had no record of the incident. Trial is set for July 22, 2019 though the parties have stipulated to continue the trial based on the discovery of new video evidence of the incident and a motion to c...

Excerpt: ...d diverted Plaintiff's customers to Defendant's new business (MyITBud). Defendant contends that he simply informed customers that he had left Plaintiff's employ and started his own company. At issue on this motion are Defendant's responses to special interrogatories nos. 24‐ 26 and 28. No. 24 Granted. This interrogatory asked for the total amount of money Defendant or MyITBud has been paid from 2012 to present by all customers who are not forme...

Excerpt: ...frastructure Managed Services Enterprise Services Agreement (“Agreement”) which permitted Defendant to terminate it at its convenience, otherwise it was to expire on December 31, 2016. Plaintiff alleges that after Defendant terminated the Agreement in October 2016 for convenience that Defendant wrongfully retained possession of certain equipment. Plaintiff alleges numerous causes of action against Defendant for conversion, breach of contract ...

Excerpt: ...on was untimely. Following an appeal, the case was remanded to allow Plaintiff leave to amend. Plaintiff filed her third amended complaint in November 2018. Again, she alleged a single cause of action for violation of FEHA. She now seeks leave to amend in order to withdraw a prayer for punitive damages, remove allegations regarding settlement discussions, specify her medical condition and disability and also change the reference to Government Cod...

Excerpt: ...alleges that she did not receive any of her investment back and that Mr. Terry drained the money and assets of the LLCs by paying himself and his related entities. Plaintiff now seeks to file a first amended complaint that adds causes of action violations of Bus. & Prof. Code § 17200 and financial elder abuse. There is no trial date. “It is the general policy that courts should exercise liberality in permitting the filing of supplemental plead...

Excerpt: ... JPMorgan Chase, Navy Federal Credit Union, and Central State Credit Union. These subpoenas seek all of her bank statements, all checks she wrote, all money orders obtained, all cashier's checks, and all wire transfers from January 2012 to present. Plaintiff moves to quash on the basis that the subpoenas do not seek relevant evidence. She argues that only her statements from October 2013 are relevant because the only “germane” issue is whethe...

Excerpt: ...up to Plaintiff's mobile home and yelled at Plaintiff about the medical van that was parked at the mobile home park and for which Plaintiff was seeking a reasonable accommodation. Then, on December 8, 2015, Defendant drove up to Plaintiff's mobile home at 6:41 a.m., jumped out of his car and yelled that Plaintiff did not own anything, that he was tired of this "shit" and that Plaintiff needed to "get the hell off" his prop...

Excerpt: ...rtez alleges that on 1/15/16, while shopping at a Target store for which Global provides overnight cleaning services, he fell on a slippery spot on the floor and suffered a concussion. Global moves for summary judgment. Cortez does not oppose. Global argues among other things that it is undisputed it did not cause Cortez' injury. In this regard, Global enumerates the following undisputed material facts (UMF) in its separate statement: The acciden...

Excerpt: ...ring 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. *** Plaintiff Gregory Edwards LLC's (“Plaintiff”) motion for summary judgment is ruled upon as follows. Plaintiff'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....

Excerpt: ...fendants Venus Concepts USA, Inc. (“Venus Concepts”) and Jacqueline Clemmer's (“Clemmer”) (collectively “Defendants”) demurrer to Plaintiffs Curtis Wong, M.D., individually (“Dr. Wong”) and dba Curtis SF Wong, M.D., Inc.'s (collectively “Plaintiffs”) second amended complaint (“SAC”) is ruled upon as follows. Overview Dr. Wong is a board‐certified plastic surgeon. Plaintiffs allege that on September 29, 2016, they purchas...

Excerpt: ...Motion identifies the incorrect address for Department 53 for the hearing. Moving counsel is directed to make reasonable efforts to contact Defendant and advise her of Local Rule 1.06, the Court's tentative ruling procedure, and the manner to request a hearing. If moving counsel is unable to contact Defendant prior to hearing, moving counsel is ordered to appear at the hearing in person or by telephone. California Code of Civil Procedure section ...

Excerpt: ...after they are discharged from the hospital. Specific to Plaintiff Gloria Single, Plaintiffs allege that Defendant Pioneer House refused to re‐admit Plaintiff after Sutter Hospital discharged her following an inpatient psychiatric evaluation. The operative complaint contains causes of action for violation of California Health & Safety Code section 1430, Business & Professions Code section 17200 et seq. and declaratory relief. Summary of Discove...

Excerpt: ... Plaintiff's employment. Plaintiff filed the complaint in this action on January 10, 2019, alleging the following causes of action: (1) disability discrimination in violation of Fair Employment and Housing Act (“FEHA”); (2) failure to prevent discrimination and/or harassment in violation of FEHA; (3) retaliation; (4) wrongful termination in violation of public policy; (5) failure to accommodate; (6) failure to engage in the good faith interac...