Excerpt: ...arties agreed to continue the motion to this date. Plaintiff filed a timely opposition on May 14, 2019. However, the motion was not served on defendants until May 15, 2019, and the Declaration of Dr. Schimmel was not signed until May 15, 2019. However, the Court is considering the untimely served opposition as the defendant has had sufficient time to address the opposition in the Reply. The Court vacated the trial date when it granted the motion ...

Excerpt: ...e to amend. At oral argument plaintiff stated that he could cure the defects of the FAC. The defects have not been cured, and the Court now sustains the demurrer without leave to amend. Self represented plaintiff Jake Peccia has sued defendant for damages arising out of a psychological Qualified Medical Evaluation ("QME") related to a worker's compensation claim filed by plaintiff concerning a January 23, 2015 workplace injury. Plaint...

Excerpt: ...r abuse and second cause of action for negligence fail to state facts sufficient to constitute a cause of action and are uncertain. Defendants' request for judicial notice is granted. Background Plaintiff filed her complaint on October 9, 2018, alleging causes of action for (1) elder abuse; (2) violations of the Patient's Bill of Rights; and (3) negligence. Defendants demurred to each cause of action, and the Court sustained the demurrer with lea...

Excerpt: ...y, Inc. (F&R). Overview This case involves the collection of worker's compensation insurance premiums. F&R is the defending employer and insured. The State Compensation Insurance Fund (SCIF) wrote the worker's compensation insurance policy in question, which covered F&R from 2/10/16 to 2/10/17. (See Undisputed Material Fact (UMF) 1.) F&R paid $91,163.66 under the policy, (UMF 3), but it did not pay the additionally billed amount of $53,335.91. (U...

Excerpt: ...he parties' additional filings and rules on the OSC as follows. The Court, in its discretion, has considered Mrs. McGuire's late‐filed brief and the declarations filed in support thereof. The City of Rancho Cordova's (the “City”) request for judicial notice filed in support of its opposition to the OSC is unopposed and granted. Relevant Procedural History As the Court and the parties are well familiar with the instant litigation and its len...

Excerpt: ...tive ruling procedure and the manner to request a hearing, along with the correct address for Dept. 53/54. If moving counsel is unable to contact opposing counsel prior to hearing, moving counsel is ordered to appear at the hearing in person or by telephone. Moving counsel failed to comply with CRC Rule 3.1110(b)(3)‐(4). Overview This is a lemon law action arising from plaintiff's purchase of a 2011 Jeep Grand Cherokee nearly $43,500. Plaintiff...

Excerpt: ...ce 1986 and during her employment, she has been exposed to hazardous chemicals which have caused injuries to her internal organs, including multiple myeloma. Plaintiffs bring causes of action against multiple defendants including BSI for (1) negligence, (2) failure to warn, (3) design defect, (4) fraudulent concealment, (5) breach of implied warranties, and (6) loss of consortium. BSI demurs only to the fraudulent concealment cause of action. Pre...

Excerpt: ...o v. Merill Lynch, Pierce, Fenner & Smith. Inc. (1998) 68 Cal.App.4th 445, 459. Courts "assume the truth of the complaint's properly pleaded or implied factual allegations." Schifando v. City of Los Angeles (2003) 31 Cal.4th 1074. On a demurrer, a court's function is limited to testing the legal sufficiency of the complaint. Code Civ. Proc., § 430(a), pertaining to a demurrer to the complaint specifically provides that the defect...

Excerpt: ... on the continuance date. Defendant Dean Kratzer's (“Mr. Kratzer”) demurrer to self‐represented Plaintiff Brian Spears' Second Amended Complaint (“SAC”) is ruled upon as follows. Mr. Kratzer's request for judicial notice is granted. In this action Plaintiff's SAC, alleges causes of action for Unfair Business Practices, “Intentional Violation of Trust”, Breach of the Implied Covenant of Good Faith and Fair Dealing, Breach of Fiduciar...

Excerpt: ...matters. *** Defendant Bank of America, N.A.'s (“Bank”) demurrer to Plaintiff Reichelle Stallworth's first amended complaint (“FAC”) is ruled upon as follows. Bank's request for judicial notice is granted. In taking judicial notice of the recorded land documents, the court accepts the fact of their existence, not the truth of their contents. (Herrera v. Deutsche Bank Nat'l Trust Co. (2011) 196 Cal.App.4th 1366, 1375; Kalnoki v. First ...

Excerpt: ...o comply with California Rules of Court, Rule 3.1306 and provide the Court and each party with a copy of the material, the Court and each party is able to access to the materials. The request as to the appellate briefs referenced in item (c), however, is denied due to Plaintiff's failure to comply with Rule 3.1306. In this action, Plaintiff alleges one cause of action for intentional interference with contract. Plaintiff's cause of action is base...

Excerpt: ...8 when she requested a buyback of the vehicle. Plaintiff's pending motion to compel production of documents by GM, which is also set to be concurrently heard on today's date, concern compelling GM to produce a large number of documents that refer or relate to GM's internal investigations and analysis of the alleged defects contained in Plaintiff's vehicle and other vehicles of the same year, make, and model (Other Similar Incidents ("OSl&...

Excerpt: ...production of documents (RFPs), and to compel further responses to form interrogatories and special interrogatories, is GRANTED in part and DENIED in part. ** The court anticipates that multiple additional, complex discovery motions will be filed in this PAGA action. The court anticipates that the number of documents to be reviewed, the objections and the assertions of privilege will make the inquiry inordinately time consuming. (CCP §639(e).) T...

Excerpt: ...tion arises from care plaintiff Collette Cowger (“Ms. Cowger”) received as a patient at Dignity Health's Mercy San Juan Hospital and the alleged emotional distress suffered by her daughter, plaintiff Megan Babb, M.D. (“Dr. Babb”). Plaintiffs have alleged causes of action against Defendant and Dignity Health for elder abuse, medical negligence, intentional infliction of emotional distress (“IIED”), negligent infliction of emotional dis...

Excerpt: ...ative ruling to Plaintiff Frank Lee Dearwester, Appearance is required on May 30, 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 Sacramen...

Excerpt: ...n April 17, 2019, Defendant served a substitution of attorney, relieving its counsel representation, without retaining new counsel. Defendant now lacks legal representation. Plaintiff moves to strike the Answer and Cross‐Complaint on the grounds that Defendant is a corporate entity and thus cannot represent itself. However, the Answer and Cross‐Complaint were properly filed when Defendant was represented by counsel. Accordingly, grounds to no...

Excerpt: ...in 48 hours of receiving it. The hearing date shall automatically be continued one week plus one court day for oral argument. The continuance date will always be an appearance required hearing so that Plaintiff need not request oral argument. The Litigation Coordinator shall make Plaintiff available, by COURTCALL, at 9:00 a.m. on the date of the continued hearing date, which will be May 29, 2019, to participate in oral argument. Defendant Group X...

Excerpt: ...ubdivision projects. Plaintiff alleges that the City breached the contract in question by (1) failing to provide written notice of the transfer to Plaintiff, and (2) making the transfer without obtaining Plaintiffs written consent. In May 2008, Plaintiff recorded a grant deed in favor of the City to establish a perpetual conservation easement on eighty acres of land in Sacramento County, California ("Conservation Rights"). (Complaint, ¶ ...

Excerpt: ...efects. The Court has granted GM's essentially identical motion and rejected the identical arguments made by Plaintiff here in numerous other pending lemon law cases between GM and other plaintiffs represented by the same firms involved on the instant motion. The Court has informed the parties that it expects them to engage in further meet and confer efforts to agree on a model protective order to be used in each Lemon Law action between the same...

Excerpt: ...r in 2017 moving party interfered with her efforts to get relief from the "Keep Your Home California" ("KYHC") principal forgiveness program with regard to her property located at 9980 Wyland Drive in Elk Grove, California. Plaintiff contends she would have received $100,000 in KYHC principal forgiveness debt relief had SPS not provided false statements to KYHC that plaintiff's loan was an interest only loan and that the parti...

Excerpt: ...ion in violation of public policy, IIED, assault and battery. Defendants move to compel this matter to arbitration on the grounds that there is a valid arbitration agreement and that plaintiff has refused to arbitrate. Defendants rely upon a provision in Employment Agreements signed by Plaintiff in May 2015 and August 2016. The August 2016 Employment Agreement was a result of Plaintiff receiving increased compensation. The arbitration provisions ...

Excerpt: ...just enrichment, quiet title, declaratory relief, and specific performance. This dispute arises from the operating agreement of Aurora Capital, LLC (“Aurora”) entered into between Dodge and J. Michael Guttridge (“Guttridge”) in 1998. Dodge was a 49% investor member of Aurora. Guttridge was the Managing Member holding 51% of Aurora. Aurora's sole material asset was approximately 900 acres of real property near the City of Galt, commonly kn...

Excerpt: ... or application to seal those documents lodged conditionally under seal on or about 4/22/2019, those documents lodged conditionally under seal will be filed and will thereafter by accessible by the public. These consolidated actions were settled at a settlement conference in February 2019 by a written agreement signed by the parties. The terms of the settlement were stipulated to remain confidential. According to the amended notice of motion file...

Excerpt: ...the instant motion, Defendants Confie Seguros Insurance Services and Sacramento Auto Insurance Center were ordered to serve “further verified responses to RFP nos. 50 and 51 in compliance with Code of Civil Procedure sections 2031.210 et seq.” (ROA 335) The Order stated that the further responses “may retain objections based on the attorneyclient privilege and the work product doctrine” and that a privilege log should be served. Further, ...

Excerpt: ...d to serve further responses by March 22, 2019. Defendant seeks terminating sanctions only on the basis that Plaintiff has not provided the Court ordered further responses. No lesser sanction was requested. For misuse of the discovery process, including as is the case here, disobeying a court order to provide discovery, the Court may impose a terminating sanction by one of the following: an order striking out the pleadings or parts of the pleadin...