Excerpt: ...ere a party refuses to comply with an administrative subpoena, the head of the department may petition the Court for an order compelling compliance. Thereupon the Court can issue an OSC requiring the party to appear and show cause why it has not responded to the subpoena. (Gov't Code § 11188.) The relevant inquiry under Gov't Code § 11188 is whether the subpoena was “regularly issued” in accordance with §§ 11180‐11185. (Fielder v. Berke...

Excerpt: ...hibits consist of plaintiffs medical records and medical history. Defendants now move to file specific parts of this motion under seal to protect plaintiff's privacy rights under the Health Insurance Portability and Accountability Act (HIPAA) and under the California Constitution, which overcome the right for public access to Defendants' Motion for Summary Judgment filed concurrently with this Motion. Indeed, 42 U.S.C.S. § 300gg, et seq....

Excerpt: ...nd failure to pay for products ordered from plaintiff. In response to the Complaint, defendant filed a cross complaint asserting claims wholly unrelated to the allegations of the complaint, arising out of a 2016 Design Competition and Design Photography. Defendant contends Columbia misrepresented the purpose of the competition and that the true purpose was to obtain defendant's professional photography to use in its marketing free of cost.. (...

Excerpt: ...e Answers. Plaintiff opposes. (Opp'n at 1‐3.) Background This is a nonjudicial foreclosure case involving allegations of unfair competition. Trial is currently set to commence on 9/16/2019. Request for Judicial Notice Defendants' Request for Judicial Notice (“RJN”) (Register of Actions (“ROA”) 179, which attaches court records from a previous Sacramento Superior Court action involving these same parties, is unopposed and is GRANTED purs...

Excerpt: ...confer and agree on the language of the Belaire notice. This motion is not actually a motion to compel a further response to the special interrogatory. Rather, the motion is made in response to the Court's earlier ruling on this interrogatory requiring the parties to meet and confer to agree on the form of the Belaire notice. After meeting and conferring, the parties are at an impasse. Plaintiff also seeks by this motion an order that the par...

Excerpt: ...g, (3) promissory estoppel, (4) negligence, and (5) fraud. Plaintiff also seeks to recover punitive damages and attorneys' fees. (Compl. at 1‐14.) This case arises from a borrower signing home loan origination documents in a name other than her legal name. Later, she divorced her husband, who was also her coborrower on the loan. Defendant allegedly stopped automatic withdrawals of mortgage payments from her account due to her husband's bankrupt...

Excerpt: ...382 authorizes class actions "when the question is one of a common or general interest, of many persons, or when the parties are numerous, and it is impracticable to bring them all before the court ... ." (Code Civ. Proc. § 382.) Generally, a class suit is appropriate "when numerous parties suffer injury of insufficient size to warrant individual action and when denial of class relief would result in unjust advantage to the wrongdoer...

Excerpt: ...e claimed costs on or before May 3, 2019. Defendant was to have served a response to the plaintiff's brief on or before May 10, 2019. No response to the plaintiff's May 3 brief was filed. The Court rejects the argument that the motion to tax set forth in the initial opposition was untimely for the reasons stated in the first paragraph under "Costs" of the tentative ruling of April 10, 2019. The Court has reviewed the additional br...

Excerpt: ...he anti‐SLAPP motion. Law Offices of Andrew L. Ellis v Yang (2009) 178 Cal.App.4th 869, 879. However, the Court has limited jurisdiction to decide whether to award attorneys fees and costs to defendant. Law Offices of Andrew L. Ellis v Yang (2009) 178 Cal.App.4th at 879. Plaintiff cannot avoid paying attorneys fees and costs by voluntarily dismissing the case after the anti‐SLAPP motion is filed if the motion would have been granted. Tourgema...

Excerpt: ...tify the clerk and opposing counsel at the time of the request which of the moving Defendants' 106 Undisputed 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 issue(s) presented for summary adjudication be s...

Excerpt: ... Defendant Mike Thomas' demurrer to plaintiff's First Amended Complaint (“1AC”) is ruled upon as follows. Plaintiff's counsel failed to comply with CRC Rule 3.1113(f). Factual Background This action arises out of plaintiff's prior employment with defendant City of Sacramento's (“City”). Plaintiff was hired by City in early 2014 but maintains she was constructively terminated and forced into early retirement on or about 1/5/2018. She comme...

Excerpt: ...enger. Plaintiff and Menez are married. Menez's vehicle collided with a vehicle that was driven by Defendant Joseph Molina. Plaintiff also named Patrick Torres and his employer Snow Seed & Supplies as defendants. Mr. Torres was driving a vehicle pulling a trailer. Plaintiff suffered an injury to her spinal cord in the accident and underwent a threelevel fusion for what was diagnosed as a cervical fracture dislocation. Plaintiff missed approxi...

Excerpt: ... responses by April 8, 2019. Defendants were also ordered to pay $1,100 in monetary sanctions. Plaintiff now seeks additional monetary sanctions and issue sanctions on the basis that Defendants failed to provide the Court ordered responses. The Court received but did not consider Defendants' counsel's declaration filed on May 14, 2019, two days before the Court hearing indicating that responses were served on May 13, 2019. No responses we...

Excerpt: ...e and Oil Consumption Defects”), Plaintiff seeks to compel Defendant to provide full and complete responses to certain requests for production. Requests Nos. 1, 10, 20, 21, 24‐31, 33‐35, 74, 91 and 92 relate to Defendant's investigation and analysis regarding the defects. Requests Nos. 7, 44, 50, 52‐55, 59 and 67 related to Defendant's warranty and repurchase policies. Defendant interposed numerous objections to the requests for productio...

Excerpt: ...e specific discovery requests that will be addressed at the hearing. Counsel are also reminded that pursuant to local rules, only limited oral argument is permitted on law and motion matters. *** The notice of motion does not comply with Code of Civil Procedure §1010 or CRC Rule 3.1110(a). This is an elder abuse case which was filed on 8/7/2018. On 12/10/2018 VHS served by mail its responses to plaintiffs' form and special interrogatories, notin...

Excerpt: ...rwise assert that substantially‐compliant responses to defendant's requests for admissions have to date been served. Instead, the opposition does little more than argue that requests for admissions are “false and untrue.” However, all plaintiff needs to do to defeat the present motion is to serve “before the hearing on the motion” proposed responses that are in substantial compliance with the requirements of Code of Civil Procedure §20...

Excerpt: ...d the demurrer as to the second cause of action for violation of Civil Code § 52.1 (Bane Act). Where leave was given, Plaintiff had until April 4, 2019 to file an amended complaint. Plaintiff did not file an amended complaint. Defendant now seeks an order dismissing the second cause of action from the complaint pursuant to CCP § 581(f)(2) given Plaintiff's failure to file an amended complaint amending that cause of action. Even though the motio...

Excerpt: ...t an emergency hearing was set for May 1 in the United States Bankruptcy Court for the Northern District of Texas, Case No. 17‐30355‐HDH, the outcome of which could substantively effect this motion. Accordingly, this motion was continued to May 16. After the Bankruptcy Court issued its order, the parties submitted separate briefs regarding same. At that time, VSP informed the Court that it filed a Motion for Reconsideration of the Bankruptcy ...

Excerpt: ...s follows. The Court notes four separate writs of attachment are on calendar for today's date, but, by this single ruling, the Court addresses all four writs of attachment. Defendants Keine's, Jensen, and Carlson (represented by the same counsel) have submitted a single opposition. Siebly has not submitted any opposition. Keine's, Jensen's, and Carlson's request for judicial notice is granted as to item 1 (the Cross‐Complaint filed in this acti...

Excerpt: ... dba Shannon's Mobile Home Park SP, and Shannon's Mobile Home Park SP (collectively, “Defendants”). Plaintiff was walking up the stairwell when the rail broke causing him to fall and break his right leg. Plaintiff filed a complaint against Defendants on October 24, 2018, alleging premises liability and general negligence. On or around March 13, 2019, Defendants caused to be served on counsel and the providers, deposition subpoenas for the pro...

Excerpt: ...udicial notice on reply is DENIED. “Simply because information is on the Internet does not mean that it is not reasonably subject to dispute.” (Huitt v. Southern California Gas Co. (2010) 188 Cal.App.4th 1586, 1605, fn. 10.) Defendants move to disqualify Lewis Brisbois on the grounds Defendants revealed privileged, confidential information material to this litigation to Lewis Brisbois partner Jeffrey S. Ranen in the course of telephone conver...

Excerpt: ...n alleged slip and fall accident that occurred on September 8, 2015, at the 99 Cents Only Store located at 2224 El Camino Avenue, Sacramento, California. Plaintiff claims to have slipped on a slippery substance and fell, which resulted in injuries. Plaintiff propounded her first set of requests for production of documents on Defendant on June 6, 2018. (Shabani Decl. ¶ 5, Exh. 1.) Defendant, who was previously represented by James Pagliero (since...

Excerpt: ...plaintiff will 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 California Pharmacy and Compounding Center, Inc.'s (“CPCC”) motion for summary judgment is ruled upon as follows. Overview This is a putative class action. The representative plaintiff is Matt Gelso, Jr. (Gelso). Gelso alleges th...

Excerpt: ...tors is ruled upon as follows. I. Factual Background JFURTI filed suit in New York against defendants/judgment debtors Suneet Singal (“Singal”) and several business entities, ultimately obtaining a multi‐million dollar judgment. JFURTI sought and obtained the entry of a sister state judgment here in California in 2018 and is currently attempting to collect on the judgment through a variety of means. By this motion, JFURTI move for an order:...

Excerpt: ...otion For Summary Judgment, Per Section 473b Code of Civil Procedure GRANTED in part. The Court will consider Defendants' late‐filed reply brief, but will not consider the voluminous additional documentary evidence improperly included with that brief, which Defendants' counsel's declaration fails to explain or justify. "The general rule of motion practice, which applies here, is that new evidence is not permitted with reply pape...