Excerpt: ...rrower”) and a cause of action for breach of guaranty against Defendant Maynard Frantz. Any party may move for summary judgment in any action or proceeding if the party contends that (1) the action or proceeding has no merit or (2) there is no defense to the action or proceeding. CCP 437c(a). A cause of action has no merit if one or more of the elements of the cause of action cannot be separately established, even if that element is separately ...

Excerpt: ...nant of good faith and fair dealing (bad faith) in connection with Defendant's denial of her claim under her policy after she was injured in a hit and run accident. Plaintiff alleges that Defendant wrongfully denied her uninsured motorist claim because she did not file a police report within 24 hours of the incident. Plaintiff alleged that she reported the incident to the police by phone within 24 hours. She also alleged that she reported the acc...

Excerpt: ...n separate claims denominated as causes of action, is premised on various allegations relating to an aborted foreclosure of plaintiff's home. Defendant CRC demurred to the complaint on the grounds the allegations were fatally uncertain and failed to plead facts sufficient to state a cause of action including that plaintiff's claims were barred by the statute of limitations, the privileges CRC is granted under California law, the fact that no fore...

Excerpt: ... 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. Plaintiff moves for a protective order with respect to Defendant's request for production of documents (set two) which consist of 638 requests. Plaintiff argues that requests 70 ‐72 are cumulative. It argues that nos. 73‐94, 139‐174, 183‐218, and 660‐707 are overboard as to the sco...

Excerpt: ... action based on the judgment. (Goldman v. Simpson (2008) 160 Cal.App.4th 255, 260 (Goldman).) Under this summary procedure, a money judgment is enforceable for 10 years (§ 683.020), but the judgment creditor can renew the judgment for another 10 years by filing an application for renewal with the clerk of the court that entered the judgment. (§§ 683.130, 683.140.) “Upon the filing of the application, the court clerk shall enter the renewal ...

Excerpt: ...* Defendant California Department of Forestry and Fire Prevention's demurrer to plaintiff Confer's First Amended Complaint (“1AC”) is ruled upon as follows. Factual Background This action arises out of plaintiff's prior employment with defendant. Plaintiff was hired by the defendant department in early 2009. In 2013 she was involved in a motor vehicle accident which caused her some permanent disability and many absences thereafter. Ultimately...

Excerpt: ...ode § 835), negligence of government employees in the course and scope of employment (Gov't. Code § 815.2), and negligence of John Doe Contractor Employee in the course and scope of employment (Gov't Code § 815.2). Plaintiff alleges that she was injured when she fell on water that was on the floor while she was visiting her brother at the UC Davis Medical Center (“UCDMC”). Any party may move for summary judgment in any action or proceeding...

Excerpt: ...nd Plaintiff's counsel appeared for Plaintiffs first deposition. (Hansen Decl., Exh. A) The deposition was left incomplete because Plaintiff abruptly discontinued the deposition by driving off during a short break. (Ibid.) The deposition lasted approximately one (1) hour. (Ibid) On November 20, 2018, Plaintiff and Plaintiff's counsel appeared for Plaintiff's second deposition. (Hansen Decl., Exh. B) This deposition was also left incomplete becaus...

Excerpt: ...pts 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.) Overview This is an elder abuse and negligence action arising out of Plaintiff's residency at Defendants' retirement home from 6/22/2018 to 9/9/2018. Plaintiff alleges that at the time she was admitted to the facility, she suffe...

Excerpt: ...(“Defendant”) purported failure to provide rest periods, failure to pay for all time worked, making unlawful deductions, failure to reimburse employees for certain expenses, failure to provide accurate wage statements, and failure to pay all wages due at the time of termination. Plaintiff further alleged Defendant's policies and practices resulted in unfair competition and violated PAGA. Defendant denies the allegations, but the parties have ...

Excerpt: ...ll be addressed at the hearing 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. *** Defendant Union Carbide Corp.'s (“UCC”) motion for summary judgment is ruled upon as follows. A. Overview This action is based on Plaintiff John Porter's exposure to asbestos in joint compound manufactured by Georgia Pacific and Kaiser Gypsum. He used...

Excerpt: ...or judicial notice is granted. Plaintiff's objections to the Declaration of Mariana Tiznado‐Bryant are OVERRULED. The Court need not rule on Plaintiff's objections to the Declaration of Steven Benjamin and the Supplemental Declaration of Mariana Tiznado‐Bryant since the Court did not consider the objected to evidence in ruling on the motion. The Court notes that Wellspace filed an oversized reply brief without prior Court approval. Fu...

Excerpt: ...ed 60 special interrogatories on GM. (Jacoby Decl., Exh. A.) GM served responses on February 21, 2019. (Jacoby Decl., Exh. B.) GM objected and also provided responses to some special interrogatories. GM served Plaintiff with a verification to the responses on March 28, 2019. (Jacoby Decl., Exh. C.) The parties met and conferred, but were unable to reach an agreement. While GM contends the meet and confer was insufficient, the Court finds otherwis...

Excerpt: ... Failure to pay the filing fee is grounds for dropping the petition. A motion is void for failure pay the filing fee. (See, e.g. Gov't Code sec 70600 et. seq.; CCP § 411.20; Hu v. Silgan Containers Corp., (1999) 70 Cal. App. 4th 1261.) Accordingly, the Court rules on the motion as follows, provided that the filing fee is paid at or prior to the hearing. If the filling fee is not paid at or prior to the hearing, the motion will be dropped. Th...

Excerpt: ... Thomas Jerome Lancaster, M.D. (“Dr. Lancaster”) to show cause why he had not produced the documents required by the investigational subpoena issued by the Medical Board on December 18, 2019 and served on Dr. Lancaster's office manager. Pursuant to Gov't Code § 11187(a), where a party refuses to comply with an administrative subpoena, the head of the department may petition the Court for an order compelling compliance. The Court, as it d...

Excerpt: ...briefing regarding the issue of substantial compliance pursuant to Business & Professions Code section 7031(e), and separate briefing related to an argument raised at the hearing by D.A. McCosker Construction Co. dba Independent Construction Company and Fidelity & Deposit Co. of Maryland (collectively, “ICC”) that penalties are limited under Business & Professions Code section 7068.1(e). The original briefing schedule was extended as a result...

Excerpt: ...and moved out before the expiration of their lease due to structural damage, including roof and internal water leaks. Plaintiff initially named several communication companies, including AT&T and Pacific Bell as defendants. Plaintiff alleges that it entered into a lease with these companies related to the installation, operation, and maintenance of mobile/wireless communication services and equipment. Plaintiff filed its complaint on 9/26/2017. P...

Excerpt: ...or unions American Federation of State, County, and Municipal Employees, Local 3299 (AFSCME) and University Professional and Technical Employees, CWA Local 9119 (UPTE) (together, the “Unions”). On March 19, 2019 the Court granted PERB's motion for a Temporary Restraining Order (“TRO”), brought pursuant to Cal. Gov. Code §3563, subd. (i). The TRO enjoined the Unions from calling on 34 essential employees of UC to strike from May 7 to 10, ...

Excerpt: ... 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 alleges Defendant Johnson t...

Excerpt: ... 4, 5, 7 and 9, and granted the motion as to these categories. The Court denied the motion as to the rest. The Court ordered Defendants to produce a PMQ on or before 2/28/2019. (ROA 137.) Plaintiffs attempted to meet and confer with Defendants regarding deposition dates. (Declaration of Vanessa Oliva, ¶¶ 11‐14.) Defendants did not respond to Plaintiffs' requests. (Id.) Plaintiffs filed the instant motion on 3/21/2019. In opposition, Defendant...

Excerpt: ... decision on the motion. (Code Civ. Proc., § 437c, subd. (q).) In this action Plaintiff Eleanor Mark (“Plaintiff”) alleges causes of action for personal injury (premises liability) and negligence per se against numerous defendants, including Traynor, in connection with injuries she sustained when she fell off a sidewalk at a Rite Aid store in Elk Grove. Plaintiff claims she fell off a sidewalk at the property on February 15, 2014, and was in...

Excerpt: ...ners or others jointly owning or interested in any property or fund, on the application of the plaintiff, or of any party whose right to or interest in the property or fund, or the proceeds thereof, is probable, and where it is shown that the property or fund is in danger of being lost, removed, or materially injured." According to White, "[t]he present litigation revolves around Localis Restaurant, which is a continuing profitable busine...

Excerpt: ...est for judicial notice of the standard forms used by the California Association of Realtors is denied. This action arises from Plaintiff's purchase of a single family home located at 9112 Durness Way in Sacramento, California (the “Property”) in or about October 2017. Keller Williams represented Plaintiff, the buyer in the purchase. Plaintiff filed his Complaint against Keller Williams and other defendants on December 19, 2018, alleging Kell...

Excerpt: ...endants”) is ruled upon as follows. Defendants' request for judicial notice is granted. Overview This case presents a hybrid business dispute and attorney‐client dispute. Plaintiff Eric White (“White”) alleges that in 2015, he and others decide to start a restaurant enterprise in which numerous restaurants would be opened. At BLF's and Burton's advice, it was decided that WCH Development, LLC (“WCH”) would be established as the managi...

Excerpt: ...urance Company (the insurer and assignee of Cross‐Defendant / the Surgery Center), brought this subrogation related lawsuit against Cross‐Complainant for allegedly causing water loss at the Surgery Center's property on October 6, 2017. Plaintiff claims Cross‐Complainant caused the water loss by striking a sprinkler head and flooding the Surgery Center's property at 1800 Tribute Road, Suite 100, Sacramento, California, which resulted in ...