Excerpt: ...fferent views of the meet and confer process was unnecessary. The Court received and considered Plaintiff's opposition filed and served eight Court days prior to the original hearing date. Defendant was able to file a complete reply. Plaintiff, by and through his guardian ad litem, filed the instant action arising out of allegations that he was hit by a golf cart while attending the Dixon May Fair in May 2018. CDE is named in the first, third and...

Excerpt: ...(“Note”) and that it advanced him $105,000. It alleges that the Note provides that Defendant's separation of employment with Caffe Ettore Inc. (“CEI”) is a default under the Note entitling it to declare all amounts under the Note due and owing. Plaintiff seeks a writ in the amount of $131,483.07 which includes estimated costs and fees of $11,000. An attachment may be issued only in an action on a claim for money, based upon a contract, ex...

Excerpt: ...lleging causes of action for breach of contract, common counts and unjust enrichment. It alleges that pursuant to the application for credit and invoices issued pursuant to the application, Defendants owe it $96,589.22. Plaintiff seeks a writ in the amount of $121,589.22 ($96,589.22 alleged outstanding balance + $25,000 anticipated attorneys' fees and costs). The notice and application for writ of attachment make clear that attachment is sought o...

Excerpt: ...cute between February 11, 2014 and April 24, 2017. Defendants seek to compel this dispute to arbitration on the basis that Plaintiff 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‐Acute. The arbitration agreements generally provide that any controversy arising out of or related to services rendered to the ...

Excerpt: ...on for failure to engage in the interactive process, failure to provide a reasonable accommodation, harassment and violation of Labor Code § 1102.5. Defendants' petition to compel arbitration on the grounds that (1) there exists a written agreement to arbitrate the controversy that is this subject of this litigation and (2) that plaintiff has refused to arbitrate the controversy. C.C.P., sec. 1281.2. Defendants move to compel this matter to arbi...

Excerpt: ...rs for gender discrimination, harassment and retaliation arising from her perceived entitlement to a promotion to an Attorney IV position. She also alleges whistleblower retaliation and fraud. Defendants move to quash a subpoena for the production of business records directed to the Office of the Attorney General on the basis that the requests seeks documents related to claims Plaintiff already settled, seeks attorney‐client and work product do...

Excerpt: ...ssment; (3) pregnancy harassment; (4) failure to provide meal and rest periods; (5) failure to issue accurate itemized wage statements; and (6) unlawful business practices in violation of Business & Professions Code § 17200. Plaintiff alleges that her employment with Defendant began in June 2012 and that during her employment she was pregnant three separate times. She alleges that she experienced pregnancy harassment/discrimination throughout he...

Excerpt: ...about "Agent X." Plaintiff seeks discovery of the following law enforcement records: (1) Non party CHP/Sergeant Morrison's administrative investigation file of misconduct complaints brought by Plaintiff Michael Lillie against Office of Internal Affairs Chief of Headquarters John Day and Deputy Chief of Operations Dave Grant, (however, the notice of motion refers to CDCRs file, yet the body of the motion and declaration refer to the CH...

Excerpt: ... 23, 2018. The dismissal was without prejudice. Plaintiff thereafter filed the instant case ("Espiritu 2"). Espiritu 2 contains allegations substantially similar to Espiritu 1 in that Plaintiff is seeking the return of $233,000 that he invested with defendants. Defendants argue that the instant case is nothing more than a continuation of Espiritu 1. They argue that in Espiritu 1, Judge Van Camp was appointed as the discovery referee due t...

Excerpt: ..., unlawful retaliation, failure to prevent discrimination, harassment and retaliation, failure to pay wages, unlawful retaliation for demanding wages due to wrongful termination, defamation, assault, and battery. Plaintiff alleges that at all relevant times he was living in and performing work in the State of California. He further alleges he was employed by the ISS Defendants beginning in 2016, and by late 2017 was the ISS Defendants' only sales...

Excerpt: ...demurring Defendants in connection with care they provided him apparently based on allegations that he has mental health issues and was discharged too early. He alleges that he suffered a fracture and dislocation of his right elbow, right wrist, a fracture on his right leg, right ankle fracture, and more. Plaintiff Jill Williams alleges a cause of action for NIED against demurring Defendants. Plaintiff Austin Ulrich also alleges a cause of action...

Excerpt: ...B's request for judicial notice is granted. Plaintiff does not oppose the request. (Opp., p. 13:23‐14:6.) As to court records, the notice is limited as explained in Sosinsky v. Grant (1992) 6 Cal. App. 4th 1548. While a court may take judicial notice of the existence of any document in a court file, it cannot judicially notice the truth of facts asserted in the document. (Steed v. Department of Consumer Affairs (2012) 204 Cal.App.4th 112, 121.)...

Excerpt: ...quests for production of documents is DENIED. In this employment action, Plaintiff alleges claims of retaliation, gender discrimination, sexual harassment, race discrimination, and race harassment based upon the alleged misconduct of Kendall, who was Plaintiff's supervisor. On October 30, 2018, Plaintiff served identical Form Interrogatories (Employment) on both Defendants and identical Requests for Production of Documents. (Perez Decl. ¶ 3, Exh...

Excerpt: ... Department 53 by the time of the hearing. The Proof of Service indicates some, but not all, of the crossdefendants were served with this motion. Assuming service is shown to be proper, the Court rules as follows. If service is not shown to have been properly effected on all of the cross‐defendants, this matter will be dropped. In this construction defect action, Sierra cross‐complained against WWF and other cross‐defendants for indemnity, ...

Excerpt: ...34‐2015‐00182515), Gentry v. Eugene Burger Management Corporation (34‐2016‐ 0011194015), and Gentry v. Eugene Burger Management Corporation (34‐2016‐ 00192291). Bigby v. Eugene Burger Management Corporation (34‐2015‐00182515) is the lead case. Bigby v. Eugene Burger Management Corporation (34‐2015‐00182515) is an action brought under the California Private Attorney General Act ("PAGA Action"). Gentry v. Eugene Burger M...

Excerpt: ...t 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 beyond reasonable dispute. (See Poseidon Devel., 152 Cal.App.4th at 1117‐18.) see also Fontenot v. Wells Fargo Bank, N.A. (2011) 198 Cal.App.4th 256, 265 (“[A] court may take judicial notice of the fact of a document's recordation, the date the document was recorded and exec...

Excerpt: ...laintiffs sued Centex Homes, the developer of the properties, and seek the cost to effectuate any necessary repairs. Centex filed a cross‐complaint for indemnification against the various subcontractors, including Adland, which provides and installs decorative fireplace mantels. One of the insurance carries for Adland, St. Paul Mercury Insurance Company, has negotiated a settlement on behalf of Adland with Plaintiffs. In exchange for a waiver o...

Excerpt: ... of concrete while walking her dog on the sidewalk in front of 1208 47th Street in Sacramento. The City moves for summary judgment on the basis that the height differential was not a dangerous condition. It also argues that it neither created the condition nor had notice of the condition. In order to establish a public entity's liability for a dangerous condition of public property, a plaintiff must show that (1) a dangerous condition existed on ...

Excerpt: ...stem, 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. Factual Background Plaintiff filed suit in New York against defendants Suneet Singal an...

Excerpt: ...led this action on 8/17/2018. Defendant answered the complaint on 11/8/2018. (ROA 27.) Plaintiffs moved for a trial preference under CCP §36(b). The Presiding Judge granted the motion and trial is currently scheduled for July 2, 2019. According to Defendant, its counsel from Lewis Brisbois Bisgaard & Smith LLP ("Lewis Brisbois") filed an answer to the complaint. On 1/9/2019, Collins Collins Muir + Stewart ("CCM+S") associated in ...

Excerpt: ... with the Court indicating new counsel has been retained. Accordingly, Plaintiff is proceeding in pro per at this time. On December 3, 2018, this Court granted Defendant's motion to compel Plaintiff's response to Defendant's special interrogatories. Plaintiff was ordered to provide verified responses, without objections, no later than December 13, 2018. Plaintiff has failed to comply with this Court order and Defendant now moves for evidence and/...

Excerpt: ...n the amount of $48,893.25 and request a lodestar enhancement of 0.5 in the amount of $24,491.63, for a total of $73,384.88 in attorney's fees. Plaintiff also seeks costs and expenses in the amount of $5,989.82. Altogether, the total amount of attorney's fees, costs, and expenses being sought is $79,464.70. This is a lemon law action. Plaintiff purchased a new 2011 Hyundai Sonata on October 4, 2010, for a purchase price of $22,381. Adding taxes, ...

Excerpt: ... stores on July 7, 2017. Plaintiff filed her Complaint on September 14, 2017, alleging two causes of action for negligence and premises liability. In the Complaint, it is alleged, in pertinent part "Plaintiff is informed and believes and thereon alleges that at all times herein mentioned, defendant, 99 CENTS ONLY STORES LLC and DOE defendants 1 through 100, inclusive, owned, maintained, controlled, possessed, repaired, inspected, operated, de...

Excerpt: ... versus pedestrian accident. Plaintiff was riding his skateboard when he was hit by Defendant's automobile. As of the date the motion was filed on February 28, 2019, Plaintiff had not served Defendant with the Complaint. (Bell Decl. ¶¶ 2‐6) Accordingly, by this motion, Defendant moves to dismiss the complaint on the grounds that Plaintiff failed to serve his complaint within three years of the date the complaint was filed pursuant to Code of ...

Excerpt: ...d with this motion indicates the "Answer‐ Contract" was served on plaintiff and this proof of service is undated. However, as Plaintiff has submitted an opposition on the merits and has not raised an objection based on defective service, the Court finds any objection based on defective service has been waived. (Reedy v. Bussell (2007) 148 Cal.App.4th 1272.) This is a debt collection case involving a loan in the amount of $3,092.16. Plai...