Excerpt: ...cation that (1) Plaintiff does not have a claim for dangerous condition of public property, or (2) BART has immunity. The Court finds that BART has not shifted its burden on several issues, and on the remaining issues there are triable issues of material fact. Indeed, while BART presents more or less the same substance in a variety of different wrapping papers, it's the same substance under different section headings. Dangerous Condition A claim ...

Excerpt: ... The complaint states facts sufficient to constitute a cause of action against the defendant and that the answer does not state facts sufficient to constitute a defense. The failure to deny a material allegation necessarily results in an admission. Hennefer v. Butcher (1986) 182 Cal.App.3d 492, 504. �In the case of . . . a motion for judgment on the pleadings, leave to amend should be granted if there is any reasonable possibility that the plai...

Excerpt: ...l of the out-of-state action initiated by Defendant and bringing this motion for fees. It is premature for Plaintiff to seek any remedies in this action, including attorneys' fees, pursuant to Section 925(c) before there has been a determination whether Plaintiff was an employee or independent contractor, and whether Defendant violated Labor Code § 925. Pursuant to Section 925, an employer may not require an employee who primarily resides and wo...

Excerpt: ... As a result, Plaintiff must obtain pre‐filing order from the Presiding Judge before he can file new litigation in pro per. At the time Plaintiff was declared a vexatious litigant, the instant action was pending. Subsequent to the vexatious litigant finding, Plaintiff filed a First Amended Complaint and Second Amended Complaint in this action, which added a number of new defendants, DOE defendants and causes of action. On December 12, 2018, Pla...

Excerpt: ...Homeowners Association (13th cause of action) are sustained with 30 days leave to amend based on the failure of each challenged cause of action to state facts sufficient to constitute a cause of action. Defendants Professional Community Management of California, Inc. and Cabo Del Mar Homeowners Association's Motion to Strike is deemed moot and off calendar by virtue of their demurrer being sustained with leave to amend. Defendants AMC Inc. dba St...

Excerpt: ...nd cause of action. (The Court finds the answer filed on December 18, 2018 was inappropriately designated as Caltrans' answer and was superseded by the amended answer filed by George Reed, Inc. on 2/19/19.) Even under California's liberal pleading practice, plaintiff has failed to separate the allegations within the second cause of action. The allegations as to each defendant within the cause of action must be pled with sufficient particularity t...

Excerpt: ...fied on June 29, 2018, that his appointment would end effective July 9, 2018. Plaintiff alleges he was wrongfully terminated in retaliation for requesting payment of his statutory salary and for his testimony before the Legislature in March of 2016. Plaintiff's FAC alleges the following two causes of action: (1) retaliation in violation of Labor Code § 1102.5; and (2) unpaid wages in violation of Labor Code § 201. Defendant demurs to each cause...

Excerpt: ...ruling. The Governor's demurrer to the first amended complaint (FAC) is SUSTAINED in part without leave to amend and DROPPED in part as moot. The Governor's motion to strike is DROPPED as moot. The Governor's request for judicial notice (RJN) is GRANTED. In the absence of any prejudice, the Governor's objection to the addition of CDCR Secretary Scott Kernan as a defendant is OVERRULED. Overview Plaintiff Michael Shannon advances a variety of ...

Excerpt: ...itted, a redline version showing all changes, deletions and additions shall be submitted as well. As to the Settlement: 1. The proposed Class Definition contained in Article I, subsection c, of the Settlement Agreement and ¶17 of the First Amended Complaint, references security guards or individuals in a “functionally equivalent position.” The Class Notice is directed to, and defines the Class as, only security guards. Please confirm that th...

Excerpt: ...and 38, is granted in part and denied in part as set forth below. Plaintiff's concurrent motion for monetary sanctions in the amount of $2,796.50 is denied. Defendant's counter request for sanctions in denied. Notice to Putative Class Members A threshold and core issue underpinning the parties' discovery disputes over most of the identified discovery requests is whether the putative class members are entitled to some form of prior notice and oppo...

Excerpt: ..., while at a Target store with his parents, he fell on a slippery spot on the floor and suffered a concussion. Cortez was approximately 17‐ months‐old at the time and was holding his father's hand. (See Undisputed Material Facts (UMF) 1, 3, 4; Opp. at 2:11‐13.) Target moves for summary judgment. Cortez opposes. Discussion Preliminarily, Cortez' request for a second continuance to complete discovery is denied. On 2/01/19, the court granted C...

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 is permitted on law and motion matters. *** Defendant California Department of Corrections and Rehabilitation's (“CDCR”) demurrer to plaintiff in pro per's Second Amended Complaint (“2AC”) is SUSTAINED with leave to amend, as follows. Plaintiff in pro per failed to comply with CRC Rule 2.111(3). Factual Background This action arises from plaintiff's employment with CDCR, where he had worked for over 23 years before retiring on 3/1/20018...

Excerpt: ...wsuit in March 2017. Throughout the litigation, Shacklefoot's sole cause of action has been one for motor vehicle negligence. Among the defendants are One Call Medical, Inc. (NJ) dba One Call Care Management, and Zonecare USA of Delray, LLC (FL) dba One Call Care Transport + Translate (collectively “One Call”) (sued as One Call Care Management, One Call Medical, Inc. and Coral Acquisitions, Inc.). Shacklefoot alleges that “One Call provides...

Excerpt: ...ants' request for judicial notice is granted. (See Poseidon Devel., Inc. v. Woodland Lane Estates, LLC (2007) 152 Cal.App.4th 1106, 1117‐18; see also Stratford Irrig. Dist. v. Empire Water Co. (1941) 44 Cal.App.2d 61, 68 [recorded land documents, not contracts, are the subject of judicial notice on demurrer].) The court, however, does not accept the truth of any facts within the judicially noticed documents except to the extent such facts are b...

Excerpt: ...#39;s ("Defendants") Motion to Strike (antiSLAPP) the 1st amended complaint of George Joseph Grosso is granted. Moving parties' Request for Judicial Notice is denied as to the court transcripts. However the Court notes that the transcripts from the underlying judicial proceeding involving Inmate X are also authenticated by the Declaration of Santiago and are therefore admissible evidence. The remainder of the Request for Judicial Noti...

Excerpt: ...or Preliminary Injunction is unopposed and is granted on the same terms and conditions as the TRO. This matter was set by ex parte appointment on March 15, 2019 when the Court issued the OSC/TRO. Both defendants were personally served with the OSC, TRO and all supporting documents, as well as the summons and complaint, on March 15 (Ms. Oliver) and March 19, 2019 (Mr. Winston). No opposition has been filed. Golden One asserts a conversion claim ag...

Excerpt: ...39;s Complaint is unopposed and is granted insofar as the Court will order the portions sealed as reflected in the document attached as Exhibit 2 to the motion. By this motion, the City seeks to seal either the entire attachment titled "Exhibit A'", pursuant to California Rules of Court 2.550 and 2.551, or to seal only that portion of the document that discloses private information of individuals who are not parties to the litigation....

Excerpt: ...e/Evidentiary Sanctions, and Monetary Sanctions is ruled on as follows: Plaintiff's Request for Judicial Notice is granted. This is an elder abuse action in which plaintiffs allege that defendant's under‐staffing resulted in an incident during a sheet changing event in which Mrs. McDonald's hip became dislodged, requiring a second surgery. The trial date is April 22, 2019. Plaintiffs seek terminating, or alternatively issue/evidence...

Excerpt: ...partment. Defendant Laura Watters, M.D., and Capital OB/GYN, Inc.'s Motion for Summary Judgment/Summary Adjudication is continued pursuant to CCP 437c(h) until April 29, 2019, as requested by plaintiff. The trial date of May 6, 2019 is hereby vacated. The discovery cut‐off is not extended absent motion or stipulation of the parties. This case is referred to Trial Setting Process for selection of Trial and Mandatory Settlement Conference dat...

Excerpt: ...lliot & Sons (collectively “Plaintiffs”). They allege that they are farmers whose crops were damaged after an herbicide was used on an adjacent property. Plaintiffs allege that Defendants and others recommended and sold the herbicide, and that Defendants and others supervised the herbicide's application. The FAC contains causes of action against Defendants for negligence, trespass, nuisance, strict liability for ultrahazardous activities and ...

Excerpt: ...nd Matthew Novak's demurrer to Plaintiffs Clicksmart, LLC and Advermail, LLC's first amended complaint (“FAC”) is overruled. The parties' requests for judicial notice are granted. In this action, Plaintiffs are suing Defendants for wrongful acts including stealing and misusing Plaintiffs' assets and property, breaching their fiduciary duties as Plaintiffs' officers and members, and secretly forming DCM to directly compete with Plaintiffs. In ...

Excerpt: ...causes of action for NIED and wrongful death on her own behalf. The action arises out of the care the Decedent received at Sacramento Post‐Acute. Defendants move to compel the action to arbitration on basis that Anna SandovalRyan, the Decedent's sister, signed arbitration agreements for arbitration of medical malpractice disputes and arbitration of disputes other than medical malpractice after the Decedent was admitted to Sacramento Post‐Acut...

Excerpt: ...2, 2011 through April 10, 2014, Plaintiff served as a store manager in Pleasant Hill, California. Plaintiff also worked at approximately 10 to 12 other stores in the Sacramento area during her employment with Defendant. Plaintiff's Complaint asserts eleven causes of action: (1) violation of California Labor Code §§ 510 and 1198 (unpaid overtime); (2) violation of California Labor Code §§ 226.7 and 512(a) (unpaid meal period violations); (3) v...

Excerpt: ... system, as required by Local Rule 1.06. Moving counsel is directed to contact opposing counsel and advise him/her of Local Rule 1.06 and the Court's tentative ruling procedure and the manner to request a hearing. 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. Opposing counsel failed to comply with CRC Rule 2.111(3) and Rule 3.1110(b)(3)‐(4)...