Excerpt: ...lifornia Rule of Court 3.1308 and Local Rule 1.06(D). Defendant is directed to contact Plaintiff forthwith and advise of the correct address for Department 53 and the tentative ruling procedure. If Defendant is unable to contact Plaintiff prior to hearing, Defendant shall be available at the hearing, in person or by telephone, in the event Plaintiff appears without following the procedures set forth in Local Rule 1.06(B). OBJECTIONS Plaintiff's O...

Excerpt: ...2019, to give Defendant Michael Hicks, in pro per, the opportunity to file an opposition after he appeared at the hearings. Defendant filed untimely “oppositions” to the three motions on May 31, 2019, and served unverified responses to the subject discovery via certified mail on June 3, 2019. The “oppositions” essentially state that Defendant was confused and did not understand the discovery process and has now sent answers to the referen...

Excerpt: ...requiring a single volume of evidence (including declarations) with a table of contents when the evidence exceeds 25 pages. Defendants' motion for summary adjudication of the various causes of action purportedly asserted against them in plaintiff in pro per's complaint is DENIED since defendants failed comply with CRC Rule 3.1350(b) and (h), requiring that issues presented for summary adjudication be stated in the notice of motion and repeated ve...

Excerpt: ...actices. In part, it is alleged that in April, 2014, defendants entered into a written agreement with plaintiff "whereby plaintiff agreed, through its member physicians, to provide health care services/anesthesia to individuals enrolled in or a part of the health care products offered by defendants to such individuals, including, but not limited to members enrolled in or a part of PPOs, HMOs, etc. In exchange for providing health care service...

Excerpt: ...s provided written statements related thereto. According to the moving papers, Zacharey's mother (not a party to this lawsuit) has primary custody of Zacharey and consented to the latter's deposition but plaintiff Hodge, who had custody of Zacharey on the date previously scheduled for the deposition, refused to produce the witness for deposition, arguing that defendants are not entitled to depose plaintiff's witness. Since defendants are by law e...

Excerpt: ...tten instrument under Civil Code § 3412, quiet title, and constructive trust. Plaintiff filed the First Amended Complaint on November 16, 2018, to add GR8 Track, Inc., Green Custodial Institute LLC, Green Custodial Institute, and Simple Signings, LLC as defendants. Generally, Plaintiff alleges that in July 2017 she moved into the "family home" at 7050 Cromwell Way in Sacramento with defendant Kevin Johnson, who lived there rent free. She...

Excerpt: ...ion, Shacklefoot's sole cause of action has been one for motor vehicle negligence. Among the defendants are One Call Medical, Inc. (NJ) dba One Call Care Management, and Zonecare USA of Delray, LLC (FL) dba One Call Care Transport + Translate (collectively "One Call") (sued as One Call Care Management, One Call Medical, Inc. and Coral Acquisitions, Inc.). Shacklefoot alleges that "One Call provides services to the workers' com...

Excerpt: ...raud. This case arises from a borrower signing home loan origination documents in a name other than her legal name. Later, she divorced her husband, William B. Welcher (“William”), who was also her co‐borrower on the loan. Defendant allegedly stopped automatic withdrawals of mortgage payments from her account due to her husband's bankruptcy filing, which caused the loan to go into default. Plaintiff sought a Request for Assistance and a...

Excerpt: ...o a request for production and then fails to produce in compliance with that agreement. (CCP § 2031.320(a).) That code section applies when a party states it will comply with the request. In order to prevail on a motion to compel compliance, the moving party must prove that the responding party has “fail[ed] to permit . . . the inspection, copying, testing, or sampling in accordance with that party's statement of compliance” contained in the...

Excerpt: ... on November 10, 2016, as a teacher at Vista Del Lago High School, he suffered serious injuries when a door closer mechanism, a component part of the modular classroom door failed, causing the arm of the door closer to strike plaintiff in the head, knocking him unconscious and resulting in significant life altering injuries. Enviroplex sold the modular classroom to Vista Del Lago High School. The door closer was manufactured, designed, and sold b...

Excerpt: ... order. Defendants also seek terminating sanctions. First, to the extent that the motion seeks an order of contempt it is denied. Contempt cannot simply be requested by way of a motion. A court cannot, as Defendants seek to have this court do here, punish a contempt committed outside its presence without a full hearing at which the alleged contemptor appears through personal service of an order to show cause. (CCP § 1212; Lund v. Superior Court ...

Excerpt: ... Defendant City of Sacramento (the City) to Plaintiffs' third amended complaint (3AC) is OVERRULED in part and SUSTAINED in part, with leave to amend. The court has previously reminded all counsel that the meet‐and‐confer requirements of Code of Civil Procedure § 430.41 are not optional and mandate, reasonable, good faith meet‐and‐confer efforts. The court now reminds the parties that those efforts require the parties to identify legal s...

Excerpt: ...Veterans' Memorial Amphitheater, which was owned and maintained” by Defendant. (Compl. ¶ 2.) Plaintiff alleges that “[w]hile walking from the dance area during the event, Plaintiff tripped over a set of stairs that projected into the dance area,” which “caused Plaintiff to trip over the unlit and difficult‐to‐see stairs,” whereupon she “tripped over the stairs,” causing her to “fall and strike her head (and other parts of her...

Excerpt: ...mployee pursuant to the Private Attorneys General Act” a single cause of action for violation of the Private Attorney General Act of 2004 ("PAGA") found at Labor Code §2698 et seq. based on Defendant's alleged violation of the following wage‐and‐hour laws: failure to provide accurate wage statements, failure to maintain payroll and time records, failure to provide meal and rest periods, failure to pay overtime, failure to timel...

Excerpt: ...ing personal service on Cindy Williams of LegalCorp. Solutions on February 6, 2019. (RJN Ex. 2.) On March 20, 2019, Plaintiff filed a request for entry of default, which was entered on that same date. (RJN Ex. 3; ROA 9, 10.) Plaintiff then filed a Request for Court Judgment on April 9, 2019. (RJN Ex. 4.) Defendant seeks to set aside the default and any request for default judgment based on surprise and excusable neglect. Defendant's member and ma...

Excerpt: ...es Contract (the “RSA”) with Folsom Lake Hyundai to purchase and finance a 2013 Hyundai Elantra (the “Vehicle”). (Zielomski Decl. ¶2, Ex. A.) The RSA contains an arbitration provision stating that “any claim or dispute, whether in contract, tort, statute or otherwise . . . ., between you and us or our employees, agents, successors or assigns, which arises out of or relates to your . . . purchase or condition of this vehicle . . . . sha...

Excerpt: ...'s claims. The motion is ruled upon as follows. Background This action arises out of a series of loans extended by CCL to Plaintiff Phoenix Logistics Supply Chain Solutions, Inc. (“PLSCS” ) in 2015 and 2016, and part of 2017. The SAC alleges that CCL has domesticated and pursued a judgment it obtained against Plaintiff in New York related to the underlying loan agreements. (See SAC ¶¶ 5, 63, 64, 87.) The Court previously granted Defendant C...

Excerpt: ...fendants move to seal the Objection and Response to Defendants' Sur‐Reply and Objections in Support of Plaintiff's Motion for Class Certification and the declaration of Matthew Breining which were lodged conditional under seal on May 16, 2019. Defendants indicate that the documents contain third party private information and the documents were designated confidential under the parties' protective order. In order to issue the requested order, th...

Excerpt: ...diation and defendants now seek to enforce the settlement terms which required plaintiffs to obtain approval of a minor's compromise for one of the plaintiffs. Notably, defendants here do not request this Court to enter a judgment according to the terms of the earlier settlement but rather appear to request an order compelling plaintiffs to obtain approval of a minor's compromise. The express language of Code of Civil Procedure §664.6 does not a...

Excerpt: ...Defendants have agreed to settle Plaintiff's individual claims for $25,000 including fees and costs. As part of the settlement, Plaintiff seeks an order allowing her to dismiss the PAGA claims without prejudice. The settlement is conditioned on Plaintiff obtaining an order allowing dismissal of the PAGA claims without prejudice. The settlement of a PAGA claim requires court approval pursuant to the operative PAGA statute, which states that the �...

Excerpt: ...9;s motion to compel Defendants Vivant Solar Inc. ("VSI") and Vivant Solar Developer, LLC ("VSD") (collectively "Defendants") responses to special interrogatories, request for production of documents, and request for admissions is ruled upon as follows. Procedural History This is an action for violation of California Labor Code Private Attorneys General Act of 2004 ("PAGA"). Plaintiff Teshawn Solomon, an individual...

Excerpt: ...34;). Plaintiff Teshawn Solomon, an individual, and on behalf of all other aggrieved employees alleges that Vivint violated various Labor Codes and Wage Orders. Plaintiff asserts a single cause of action for Violation of the Private Attorneys General Act (Labor Code §2698, et seq.) Plaintiff seeks to recover civil penalties pursuant to Labor Code §§ 2698‐2699.5. (Complaint, ¶¶ 35‐37.) Pursuant to the Presiding Judge's order, this motion ...

Excerpt: ...ntiffs Franklin Armory, Inc. (“FAI”), a firearms manufacturer, and Sacramento Black Rifle, Inc. (“SBR”), a firearms dealership. They allege that on two occasions in July 2017 FAI sent an email to the DOJ “inquiring about the classification of their [sic] initial Title 1 design,” with “Title 1” being described as a firearm designed, developed, and manufactured by FAI which the latter desires to distribute and sell in California. (C...

Excerpt: .... *** Defendants Caliber Home Loans, Inc., et al.'s (collectively “Defendants”) demurrer to the First Amended Complaint (“1AC”) is ruled on as follows. The opposition papers were not timely filed or served but were nevertheless considered. The opposition papers do not comply with CRC Rule 3.1113(f) or Rule 3.1110(b)(3)‐ (4). Factual Background This is a wrongful foreclosure case which was commenced on 10/2/2015. According to the 1AC fil...

Excerpt: ...in Respondents Kaiser Foundation Health Plan, Inc., The Permanente Medical Group, Inc. and Kaiser Foundation Hospitals' (collectively “Kaiser”) favor. The Arbitrator found that Ly failed to submit an expert declaration in opposition to Kaiser's motion for summary judgment, that her opposition to Kaiser's separate statement failed to establish a triable issue of material fact, and that none of Ly's statements served as admissible evidence nece...