Excerpt: ... Housing (“DFEH”) (Lanisa Larrabee v. City of Sacramento, et al., Department of Fair Employment and Housing No. 201801‐ 00663605) is GRANTED. In taking judicial notice of this document, the Court accepts the fact of its existence, not the truth of its contents. This is an employment action arising out of Plaintiff's employment with the City of Sacramento (the “City”). Plaintiff began working for the City in November 1998. (FAC ¶ 6.) Pl...

Excerpt: ... advise of Local Rule 1.06 and the Court's tentative ruling procedure. If Plaintiff's counsel is unable to contact Defendants prior to the hearing, Plaintiff's counsel shall be available at the hearing, in person or by telephone, in the event the opposing party appears without following the procedures set forth in Local Rule 1.06. Defendant states that in response to its Request for Production of Documents, Set One, Plaintiff agreed to produce a ...

Excerpt: ... On April 14, 2015, the Court granted Judgment Creditor's Special Motion to Strike plaintiff's causes of action. The Court subsequently granted their Motion for Attorneys fees in the amount of $22,284. (Ex. C to the Declaration of Daniel J. Bardzell) Judgment Creditors served the instant post‐judgment discovery (Ex. N) on October 9, 2018. Judgment debtor/plaintiff failed to provide any responses to the discovery. Judgment Creditors sent...

Excerpt: ...om August 2014 to January 2018. Plaintiff was a member of Defendant's sales team who solicited homeowners who experienced fire damage to their homes to enter into home improvement contracts covered under their homeowners' policies. Plaintiff received commissions on all contracts he obtained. Plaintiff contends his commissions were improperly calculated. On August 13, 2018, Plaintiff filed a complaint against Golden Coast Construction & Re...

Excerpt: ...iled by the time of the hearing, the matter will be dropped from calendar. Defendant seeks relief from default pursuant to CCP 473(b), contending that the purported substitute service was defective, and therefore he acted with excusable neglect in not filing a timely Answer. The default was entered on February 19, 2019. The proof of service states that substituted service occurred at defendant's address on December 11, 2018. Substitute servic...

Excerpt: ...untary Dismissal of the Third Amended Complaint on January 23, 2018 (ROA 527). On April 5, 2018, in Department 54, the Court denied the motion to vacate the voluntary dismissal in that case, finding that the "attorney neglect" upon which the motion was based did not fall under the mandatory fault provisions of CCP 473. After Plaintiff's motion to vacate his voluntary dismissal [which was filed without prejudice] was denied, he filed t...

Excerpt: ...or Commissioner”) is OVERRULED. Background In this case, Plaintiff seeks to recover damages and relief for the People of the State of California for Defendant's alleged violations of the Labor Code's prohibitions against retaliation. Plaintiff allegedly conducted an investigation of Complainant Raphaela Ramirez's (“Complainant's”) claim that Defendants retaliated against her when she took a sick day, asked to be paid for it, and filed claim...

Excerpt: ...*** If oral argument is requested in an attempt to obtain leave to amend, plaintiff shall be prepared to specifically discuss the new or different facts which may now be alleged in good faith to overcome the deficiencies noted below. *** Defendants U.S. Bank (“USB”), Fay Servicing, LLC and Attorney Lender Services, Inc.'s (collectively “Defendants”) demurrer to plaintiff's Second Amended Complaint (“2AC”) is SUSTAINED without leave to...

Excerpt: ...lla and Floyd Chodosh (collectively, “Plaintiffs”) is UNOPPOSED and is SUSTAINED WITHOUT LEAVE TO AMEND. In this action, plaintiffs Plaintiffs allege Defendants have failed to take adequate action in response to reports of judicial misconduct and improperly hid the nature of its investigations from the public. Plaintiffs also allege Defendants violated the state constitution, violated the separation of powers, wasted taxpayer funds, and misus...

Excerpt: ...as able to prepare a substantive Reply, which the Court has also considered. Background Plaintiff and Defendant settled their case just as the jury was ready to be called for trial in this consumer “lemon law” case. The Song‐Beverly Act, Civil Code sections 1790, et seq., entitles Plaintiff to seek reasonable attorney's fees, costs and expenses from FCA. Plaintiff contends that he is the prevailing party in this matter and is therefore ...

Excerpt: ...eed) shot him in the thigh just outside a bar both had been patronizing on 11/15/15. Plaintiff alleges that he was shot after refusing to buy marijuana from Reed. Defendant owns the shopping center in which the bar is located. The FAC contains causes of action against Defendant for negligence and “negligent security.” Defendant moves for summary judgment on the ground that he had no duty to provide security or otherwise protect Plaintiff from...

Excerpt: ...cial Interrogatory Nos. 20 and 21 without objection by May 9, 2019. This is an insurance bad faith case and action for breach of contract. Plaintiff alleges that he was insured by Geico under an automobile policy covering his Mercedes Benz CL600. Plaintiff alleges his car was damaged on September 16, 2016 and that Geico denied his claim in violation of the insurance agreement and the covenant of good faith and fair dealing. Plaintiff alleges that...

Excerpt: ...ty has indicated the incorrect address in its notice of motion. The correct address for Departments 53 and 54 of the Sacramento County Superior Court is 813 6th Street, Sacramento, California, 95814. Moving party shall notify responding party(ies) immediately. The Court's inquiry in ruling on a motion for judgment pursuant to CCP §664.6 is generally limited to a determination of whether the parties entered into a valid and binding settlement...

Excerpt: ...tachment are on calendar for today's date, but, by this single ruling, the Court addresses all six writs of attachment. As to defendants Evan Iverson, Katie L. Lively, and Steve LeFevre, the motion is DROPPED due to defective service. The proofs of service of the Application and moving papers were served on these three defendants by substituted service on March 4 and 5, 2019, and by mail on March 5, 2019. This is insufficient notice. Service of a...

Excerpt: ... Plaintiff served the discovery at issue in this motion on February 1, 2019. The interrogatories in each set (set one and set three) are identical. In short, Plaintiff has propounded the same discovery twice, perhaps in an attempt to overcome the motion to compel deadline. Further, on March 27, 2019, the Court ruled on Plaintiff's motion to compel Defendants' further response to her Special Interrogatories, Set One. (ROA 55.) Defendants were orde...

Excerpt: ...ubsequent date. This action is for breach of warranty (lemon law) involving the purchase of a 2012 Chevrolet Equinox. Plaintiff alleges that during the warranty period, the vehicle contained/developed multiple defects, including the engine's inability to properly utilize engine oil. Having reviewed the moving and opposing papers, and the numerous discovery requests that the parties dispute, it is apparent to the court that counsel must resume...

Excerpt: ...ws. Plaintiffs move for $7,975 in monetary sanctions against Defendant ZB, N.A. dba California Bank & Trust (“Bank”) and its counsel. Trial is scheduled for November 5, 2019. The Court continued this matter for the parties to meet and confer to clarify the proper defendant at issue in this motion. The Court noted that Plaintiffs moved for sanctions against “Defendants, ZB, N.A., a National Banking Association dba California Bank & Trust (�...

Excerpt: ...s regarding evidentiary objections to the declarations of Lucas Christian and Gwendolyn Parada in support of La Posta's opposition, but failed to file separately any objections. Despite this error, the Court has reviewed the objections contained in the proposed orders. YAN's objections to the declaration of Lucas Christian are overruled. The Court notes, however, that even if the objections were sustained it would have not affected the Court's ru...

Excerpt: ...nd when driver Nicholas made an unsafe turn. Plaintiff alleges vehicular negligence against Defendants. Defendants retained orthopedic surgeon Dr. Michael R. Klein Jr., MD, to review medical records and evaluate Plaintiff. (Kim Decl. ¶ 2.) Dr. Klein examined Plaintiff at an independent medical examination (“IME”) on March 21, 2017. (Kim Decl. ¶ 2.) The IME was scheduled in advance of the then November 2017 trial date (trial is now currently...

Excerpt: ...The Court may not and did not consider plaintiff's declaration filed in opposition to this motion. Such “extrinsic evidence” may not be considered in connection with a motion for judgment on the pleadings where, like a demurrer, the Court may consider only those facts properly alleged in the challenged pleading and those for which judicial notice is both requested and granted. Factual Background This action was commenced on 12/29/2017. The 2A...

Excerpt: ...iled this untimely motion to strike the same two causes of action that were the subject of the overruled demurrer. This Motion to Strike is not only an unauthorized pleading under the CCP because it was not timely asserted, but also constitutes an improper motion for reconsideration, as the motion to strike contends that the 6th and 7th causes of action fail to state facts sufficient to constitute a cause of action for the same reasons the court ...

Excerpt: ...curity in the amount of $25,000.00 on or before March 21, 2019 after the court found that Plaintiff had no reasonable probability of prevailing in the instant action. The Court further stated in his order: "If plaintiff fails to furnish this security by that date defendant may seek dismissal pursuant to CCP 391.4." Plaintiff failed to post said security by the stated date, therefore, this litigation is dismissed against Defendant Amaya, t...

Excerpt: ...he exterior staircase that was attached to her second floor condominium deck to the ground level she fell when she lost her balance. She alleges that the handrail was defective and she was unable to stop her fall by using the handrail. Defendant moves for summary judgment/summary adjudication of the two causes of action for negligence and premises liability, contending as a matter of law that they have no duty to plaintiff because the CC&Rs provi...

Excerpt: ...Juan Medical Center. Mr. Murdo was transferred to Mercy San Juan Medical Center with neurological complaints that ultimately led to him undergoing a right carotid artery endarterectomy and patch angioplasty. Defendant Romel Velastegui M.D. performed the surgery at Mercy San Juan Medical Center on May 3, 2016. Mr. Murdo has alleged a single cause of action for medical negligence against Dignity Health and Dr. Velastegui. Plaintiff Rene Boyes‐ Mu...

Excerpt: ...ay the reasonable expenses, including attorney's fees, incurred by another party as a result of actions or tactics, made in bad faith, that are frivolous or solely intended to cause unnecessary delay. This section also applies to judicial arbitration proceedings under Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3. (b) For purposes of this section: (1) “Actions or tactics” include, but are not limited to, the making or opp...