Excerpt: ...d by a semi‐ trailer owned by Defendant and operated by its employee. As a result of her alleged injuries, Plaintiff claims damages in the form of past and future lost earnings. At the time of her alleged injuries, Plaintiff apparently worked for Jersey Mike's. On or about July 19, 2018, Defendants issued a deposition subpoena to Jersey Mike's for production of business records to obtain Plaintiff's employment records. Despite several attempts ...

Excerpt: ...t “[p]ursuant to CCP § 1293.2, ‘[t]he court shall award costs upon any judicial proceeding under this title as provided in Chapter 6 (commencing with Section 1021) of Title 14 of Part 2 of this code.' This of course would require a cost memorandum and a motion for attorneys' fees. No fees and costs are awarded at this time.” (3/13/19 M.O.) Defendants now move for fees despite the fact that the matter is still pending. Defendants seek $9,72...

Excerpt: ...ed. Declaration of Espiritu: Overruled. Declaration of Labella: Overruled. Espiritu and Burke's Evidentiary Objections: Sustained as to No. 1, 2, 9, 10, 13, 16, and 19. Overruled as to 3, 4, 5, 6, 7, 8, 11, 12, 14, 15, 17, 18, 20, 21, 22, and 23. This ruling is limited to the relief sought in the notice of motion, which is a motion to strike pursuant to CCP 425.16. The Court therefore will not address arguments unrelated to this relief, such ...

Excerpt: ...laintiff further alleges that she was placed on investigatory leave, and also that she was ignored and ultimately disciplined after she complained about another physician. In addition, Plaintiff contended that she once again was the subject of retaliation after she complained after she was prohibited from taking a break and that she refused to alter patient records. In June 2011, Defendant placed Plaintiff on medical leave. In February 2012, Defe...

Excerpt: ...eral Services' (“DGS”) invitation for bids: IFB 6224 and IFB 6170. DGS awarded both bids to RKU. Plaintiff submitted notices of protests to both awards, which triggered the arbitration process. In the arbitration, Plaintiff contended its bids should have been selected over RKU's bids because RKU failed to identify chipper engines that were compliant with the bid requirements and that RKU had committed fraud because it was unable to fulfill th...

Excerpt: ...est for Judicial Notice is GRANTED. Plaintiff's Request for Judicial Notice is GRANTED as to Exhibit Nos. 1, 2, 3 and 8. Judicial Notice as to Request Nos. 4, 5, 6, and 7 is DENIED. Defendant's objections are overruled. FACTS Plaintiff was employed with Defendant Garda CL West, Inc. from approximately July 8, 2013, to September 15, 2015. (Compl. ¶¶ 6, 24.) Plaintiff alleges that during the course of his employment, he was subjected to discrimin...

Excerpt: ...ndant ELG for breach of contract. Plaintiff alleges it and ELG were co‐counsel in connection with a workers compensation claim entitled Latham v. Vito Trucking and a third party claim entitled Latham v. Republic Services, et al. In 2015, plaintiff and ELG entered into a written fee agreement and cost sharing agreement which provided that attorney fees would be split equally. However, plaintiff asserts that ELG settled the third party claim for ...

Excerpt: ...when she allegedly tripped and fell on a curb in Defendants' parking lot. Defendants' separate statement includes the following. On March 19, 2016, Plaintiff's daughter Eshonna Watson drove Plaintiff to Defendants' shopping center at 3308 Arden Way in Sacramento. Ms. Watson parked her car in the parking lot next to a landscape planter. The planter was located next to the passenger side of the car. Ms. Watson stayed in the car while Plaintiff went...

Excerpt: ...rior to the scheduled hearing date. However, any defect in service is deemed waived by virtue to the opposition's failure to timely raise any objection based on a defect in service. Factual Background Plaintiff's 2/11/2015 complaint in this action asserts a cause of action for specific performance of a contract whereby plaintiff agreed to purchase and defendant agreed to sell at an agreed upon price certain real property located in Sacramento Cou...

Excerpt: ...earing. Counsel are also reminded that pursuant to local rules, only limited oral argument is permitted on law and motion matters. *** At the outset, the Court must remind all counsel but especially plaintiff's that given the number of motions such as this which must be addressed on a daily basis, there are simply not enough judicial resources available to resolve each and every discovery dispute that could have and should have been resolved info...

Excerpt: ...reach contract, intentional interference with prospective economic advantage and intentional interference with contract. In July 2018 Plaintiff was given leave to amend to file a second amended complaint adding causes of action for conversion, trespass, violations of Business & Professions Code § 17200 and for constructive trust. The SAC alleged, as the previous complaints alleged, that Defendants Lino and Linda Catabran and LCAT LLC (“Catabra...

Excerpt: ... the Court's inherent powers based on extrinsic fraud or mistake. According to Defendant, its failure to appear at trial was due to its former counsel's Matthew Pearson's neglect. There is no time limit with respect to a motion premised on the Court's inherent power. A party may seek relief where he or she can show “that extrinsic fraud or mistake exists, such as a falsified proof of service, and such a motion may be made at any time, provided ...

Excerpt: ... Placer Title Co. (1994) 28 Cal.App.4th 503, 509‐511.) Provided that proof of timely, valid service of the moving papers is filed at or before the hearing, the following will become the tentative ruling of the court. Defendant in pro per Kim's motion to “vacate (cancel) judgment” pursuant to Code of Civil Procedure §473 and §473.5, Business and Professions Code §6077.5 and/or “Code of Civil Procedure §1788.62” is ruled on as follows...

Excerpt: ...Placer Title Co. (1994) 28 Cal.App.4th 503, 509‐511.) Provided that proof of timely, valid service of the moving papers is filed at or before the hearing, the following will become the tentative ruling of the court. Defendant in pro per Kim's motion to “vacate (cancel) judgment” pursuant to Code of Civil Procedure §473 and §473.5, Business and Professions Code §6077.5 and/or “Code of Civil Procedure §1788.62” is ruled on as follows....

Excerpt: ...(“Dr. Gonzalez”) in 2012 in Placer County Superior Court (the “Medical Malpractice Action”). Moving Defendants Baleria and Garberson represented Dr. Gonzalez and co‐defendant Advanced Medical Spa, Inc. in the Medical Malpractice Action. The Medical Malpractice Action was ultimately settled at mediation in 2017 and in connection with this settlement, the parties executed a confidentiality agreement and plaintiff executed a Release of All...

Excerpt: ... the tentative ruling but also to make plaintiff in pro per Clark available by telephone for the hearing. The tentative ruling issued in advance of the original hearing date is set forth below. The demurrer of defendant Steve White, Judge, to the complaint of plaintiff in pro per Clark is UNOPPOSED and is SUSTAINED without leave to amend, as follows. The complaint in this action is largely incoherent but appears to relate to plaintiff's prior cri...

Excerpt: ...t Perdue Foods, LLC's demurrer to Plaintiffs Esther Fay Suckle as Trustee of the Suckle 1999 Living Trust, et al.'s First Amended Complaint (“1AC”) is OVERRULED, as follows. The Notice of Demurrer does not provide the correct address for Dept. 53/54. Factual Background This is an action for breach of a purchase and sale agreement (“PSA”) between Defendant and Plaintiffs over Defendant's use of groundwater. Plaintiffs allege that in May 20...

Excerpt: ...motion matters. *** Plaintiff The California State Grange's (“Grange”) motion to compel further responses to Special Interrogatories is ruled upon as follows. Grange's request for judicial notice is granted. The Verified Complaint in this matter states a single cause of action seeking to avoid an allegedly fraudulent transfer of $80,000 from California Guild ("Guild") to Defendant Robert McFarland (“McFarland”). The Complaint alle...

Excerpt: ... as having been issued on January 10, 2019. The order was actually issued on December 10, 2018. (ROA 95). Plaintiff moves to set aside the order pursuant to CCP 411.20, claiming it is void because Fischer failed to pay the filing fee for the demurrer. The Court observes that the caption of the demurrer states "Exempt from Filing Fees pursuant to Government Code § 6103." Plaintiff claims that since Fischer is not a government employee, he...

Excerpt: ...the petition on the basis that Petitioner failed to timely and "formally" institute arbitration proceedings within two years of the accident date. On February 14, 2019, this Court denied without prejudice Petitioner's first petition to initiate uninsured motorist arbitration. (ROA 11.) Therein, the Court found Petitioner failed to formally institute arbitration proceedings pursuant to Insurance Code § 11580.2 by notifying Respondent in a...

Excerpt: ...take judicial notice of the truth of facts asserted in documents such as orders, findings of fact and conclusions of law, and judgments." (Bach v. McNelis (1989) 207 Cal.App.3d 852, 865.) Voorhees moves pursuant to CCP §§ 430.10(a) and (c) and 597 on the grounds that there is another action pending between the same parties over which the Third District Court of Appeal retains exclusive jurisdiction. In opposition, Dodge argues the form of t...

Excerpt: ...o Exhibit B, which is not properly the subject of judicial notice under Evidence Code section 452. Sepanski's Request for Judicial Notice is GRANTED. As to both requests for judicial notice, the Court notes that the taking of judicial notice does require acceptance of the truth of factual matters that might be deduced therefrom, since in many instances what is being noticed, and thereby established, is no more than the existence of such acts and ...

Excerpt: ...during her residence at Ivy Ridge Retirement Home from June 22, 2018 to September 9, 2018, including pressure ulcers, dehydration, sepsis, pain, suffering, and emotional distress. On March 19, 2019, Defendants served seven deposition subpoenas for business records from (1) Green Belt Care Home, (2) UC Davis Medical Center, (3) UC Davis Medical Center‐ Patient Financial Services, (4) UC Davis Medical Center ‐ Radiology Department, (5) UC Davis...

Excerpt: ...und, at or near the intersection of 2nd Avenue, lona A. Opris was under the influence of alcoholic beverages and other intoxicants and intoxicated so as to render defendant unable to operate the motor vehicle in a safe manner. Despite the abovedescribed condition and defendant's knowledge thereof, defendant chose to consciously disregard the condition, which created an extreme danger and hazard to other persons using the public roadway. Defen...

Excerpt: ... lack the necessary foundation to show that Mr. Ginella can competently testify about the documents attached to his declaration. He states he has reviewed the records of the clients. There is no authentication for the attached documents by the custodian of records or other individual with personal knowledge. An affidavit purporting to authenticate a writing must meet the following requirements: (1) it must set forth facts with particularity; and ...