Excerpt: ...ithdraw was signed on 1/23/2018. Plaintiff thereafter moved to compel SHR's responses to request for production of documents (set one), special interrogatories (set one), and form interrogatories. The motion was unopposed and the Court directed SHR to serve written verified responses, without objections, by no later than 3/23/2018. The Court also advised that a corporation by be represented by legal counsel. Plaintiff moves to strike on three...

Excerpt: ...). Defendant was ordered to provide verified responses, without objections, no later than April 12, 2019. Defendant has failed to comply with this Court order and Plaintiff now moves for terminating, evidence, and/or issue sanctions and monetary sanctions. For misuse of the discovery process, including as is the case here, disobeying a court order to provide discovery, the Court may impose issue, evidence, terminating, or monetary sanctions. (See...

Excerpt: ...pplicable standard of care and because no act or omission by Defendant caused Mr. Smith's death. Plaintiffs Donna Smith, Derrick Smith, Amanda Wilkins, Gracie Campbell, Kelly Edgar, Brandy Gascon, and Andrew Smith have brought an action alleging a single cause of action for wrongful death based on medical negligence against Defendant. Plaintiffs allege that while Mr. Smith was a patient at the University of California, Davis Medical Center from J...

Excerpt: ... Lane Center School, Peter J. Shields Elementary School and Mitchell Middle School in Rancho Cordova, California. Norwood entered into a subcontract with Defendant Andrade Electric, Inc. (“Andrade”) for electrical work. On 1/29/2019, two Notices of Completion were filed and recorded by the District covering the three projects. On 3/26/2019, Andrade filed with the District three Stop Payment Notices requesting that the District withhold funds ...

Excerpt: ...r by telephone." Defendant's counsel's declaration only indicated that he met and conferred by letter. Defendant failed to file any subsequent declaration indicating further meet and confer efforts were conducted with opposing counsel "in person or by telephone." Although a letter does not meet the standard that a demurring party "meet and confer in person or by telephone" as required by section 430.41, subdivision (a)...

Excerpt: ...Clerk shall fax a copy of the tentative ruling to the litigation coordinator. The litigation coordinator shall provide the tentative ruling to plaintiff Brian Spears. Appearance is required on June 4, 2019. Plaintiff Brian Spears shall be available, by COURTCALL, to participate in oral argument on the continuance date. Defendant Dean Kratzer's (“Mr. Kratzer”) demurrer to self‐represented Plaintiff Brian Spears' Second Amended Complaint (“...

Excerpt: ...tract with KRC as Chief Executive Officer (CEO). The KRC is one of 21 nonprofit regional centers in the State that contracts with DDS to provide and coordinate services for individuals with developmental disabilities. KRC receives its funding from DDS. This motion concerns a subpoena duces tecum for production of records from Plaintiff's former employer, Dungarvin Oregon, LLC, located in Portland, Oregon. Plaintiff was employed with Dungarvin fro...

Excerpt: ...e Dearwester, Appearance is required on June 10, 2019. Plaintiff Frank Lee Dearwester shall be available by COURTCALL, to participate in oral argument on the continuance date. Plaintiff settled this action (along with two other cases) in September 2017, and voluntarily dismissed this action with prejudice effective January 8, 2018, over a year ago against both opposing defendants, County of Sacramento and Sacramento County Sheriff Scott Jones. No...

Excerpt: ...hase Holdings, LLC ("Next Phase") and the seller, Wang Brothers Investments, LLC ("Wang Brothers"), for the purchase of the real property and improvements located at 8110 Power Ridge Road, Sacramento, California (the "Property), Brian Barnes is a broker with the Cornish & Carey real estate brokerage, which represented both parties as a dual agent in the transaction. Defendants contend that the purchase contract was properly ca...

Excerpt: ...implied covenant of good faith and fair dealing; (3) intentional misrepresentation; (4) negligent misrepresentation; (5) unfair business practices in violation of California Business and Professions Code section 17200; and (6) accounting. Plaintiff alleges that beginning in 2015, he worked together with Defendant Fong and Defendant DF Softball, LLC, in the business of organizing and hosting softball tournaments, showcases, and other events. (Com....

Excerpt: ...ur James Shurley to rent the premises at 3723 Scallop Court, North HIghlands, California. Plaintiffs allege that Defendants agreed to provide habitable rental property. Plaintiffs allege that the premises has numerous defects that cause the premises to be uninhabitable including a leaking roof causing damage to Plaintiffs' property, mold throughout the house causing breathing problems, lack of heating and air conditioning, broken windows, coc...

Excerpt: ...ovenant of good faith and fair dealing; (3) intentional misrepresentation; (4) negligent misrepresentation; (5) unfair business practices in violation of California Business and Professions Code section 17200; and (6) accounting. Plaintiff alleges that beginning in 2015, he worked together with Defendant Fong and Defendant DF Softball, LLC, in the business of organizing and hosting softball tournaments, showcases, and other events. (Com. ¶ 7.) P...

Excerpt: ...n pending between the same parties on the same cause of action. Defendants contend that the only claim in this action, for allegedly inaccurate wage statements in violation of Labor Code §226(a), should be abated pending the completion of an earlier‐filed action now pending in the Sacramento Superior Court for the State of California‐ Robert Mendez and Khrystyne Moomau v. SSP America SMF LLC, Case No. 34‐2018‐ 00246123‐CU‐OE‐GDS (&...

Excerpt: ...to rule, leave to amend is granted. Sutter Health's request for judicial notice is GRANTED. Sutter Health further asks for an order stating that Plaintiff should not be permitted to remain an anonymous litigant, citing CCP § 367, which says that a case must be prosecuted in name of real party in interest. Sutter Health contends that Plaintiff has not demonstrated any interest in preserving her anonymity. However, this request is not a proper bas...

Excerpt: ...fifth cause of action for declaratory relief which is directed solely against JCC. Plaintiff alleges that “under protest,” she has paid the $150 non‐refundable fee required by Code of Civil Procedure §631(b) “in order to preserve his [sic] right to a jury trial” and that there is an “actual controversy” over whether this $150 charge is “a lawfully enacted [sic] fee” or “an unlawfully enacted [sic] tax” inasmuch as §631(b) ...

Excerpt: ...s personally served with the lawsuit on January 16, 2019. Plaintiff's counsel, who had been negotiating with Defendant's insurer prior to the filing of the lawsuit, did not notify the insurer of her filing and service of the Complaint or her intent to seek default. Defendant's insurer had no record of notice of the lawsuit or of the default until March 6, 2019, or after, when the Request for Entry of Default had been filed and Plainti...

Excerpt: ...Plaintiffs”) prayer for injunctive relief must be stricken because (1) Plaintiffs have not sufficiently pled a cause of action to support such relief, and (2) their claims are barred by GM's defenses. Plaintiffs oppose. As the Court sustained GM's demurrer in its entirety with leave to amend, the Motion to Strike is GRANTED with leave to amend. The minute order is effective immediately. No formal order pursuant to CRC Rule 3.1312 or further not...

Excerpt: ...laintiff Essex Wayne Brown's as the Sacramento River Cats' manager of the visitor clubhouse during the 2014 and 2015 baseball seasons. This motion concerns Plaintiff's claim of race harassment by non‐employees Joe Metz ("Metz") and Phil Nevin ("Nevin") Metz and Nevin were employees of the Arizona Diamondbacks who were affiliated with the Reno Aces AAA baseball team. Defendant previously demurred to this cause of acti...

Excerpt: ...award in favor of HLG. HLG now seeks to enforce the $98,869.02 judgment entered on the arbitration award. Judgment Creditor subpoenaed records that Rick's wife third party Joy Hughes transmitted to her family law attorney Michael Deitrick. The subpoena was issued to Michael Deitrick and the Law Offices of Michael Deitrick ("Deitrick"). Deitrick has opposed the motion to compel compliance on behalf of Joy Hughes, contending all documen...

Excerpt: ...cific Bancorp, Inc. ("GPB") and Golden PacificBank, N.A. ("tiie Bank") in a previous litigation ("the BillFloat Litigation") that ultimately settled for what plaintiffs contend was an unreasonably low amount. Defendant Rick Fowler ("Fowler") is Kronick's Chief Operating Officer, GPB's single largest shareholder and a member of GPB's Board of Directors. In this case, GPB and the Bank have asserted numero...

Excerpt: ...nto City Unified School District (“SCUSD”) who now alleges that the latter and several of its employees including defendant Molina violated her rights after learning she had been raped off campus by fellow students. It is alleged that plaintiff attempted suicide in June 2016, was hospitalized and later diagnosed with depression and post‐traumatic stress disorder as a result of the rape and her treatment by defendants, causing her to lose he...

Excerpt: ... and Plaintiff 9250 Big Horn Holdings, Inc. (“Property Owner”) entered into a construction agreement with Defendant Sheba Development, LLC whereby Sheba world serve as the project developer for the building's construction. Plaintiffs contend that the general contractor's licensee died in early 2017 and Defendant continued serving as a general contractor despite not being licensed. This led to a lawsuit and ultimately a settlement pursuant...

Excerpt: ...efendant's 25 Undisputed Material Facts, plaintiff's 52 Additional Material Facts and/or defendant's 14 Additional Material Facts will be addressed 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. *** Moving counsel failed to comply with CRC Rule 3.1350(b), requiring that the issue(s) presented for summary adjudica...

Excerpt: ...t serve and file in the superior court a motion to do so. (CRC Rule 8.137(b)(2).) The motion must be supported by a showing that a substantial cost saving will result and that the statement can be settled without significantly burdening opposing parties or the court; the designated oral proceedings cannot be transcribed; or the appellant cannot pay for a reporter's transcript even though the appellant does not have a fee waiver. (CRC Rule 8.137(b...

Excerpt: ...o amend, plaintiff 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. *** Factual Background Plaintiff is a former student at a school in the SCUSD who now alleges that the latter and several of its employees violated her rights after learning she had been raped off campus by fellow students. It is alleged that plaintiff attempted suicide in June 20...