Excerpt: ...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.) For example, courts cannot take judicial notice of the truth of statements in transcripts or declarations even though they are part of the trial court re...

Excerpt: ...es that he was injured while he was struck by a bus while on his bicycle while on a pedestrian island on July 17, 2016 at the intersection of Franklin Boulevard and Florin Road. He alleges that the intersection was a dangerous condition on the basis that it was constructed in such a way that bus drivers heading eastbound on Florin Road and intending to stop at the bus stop immediately beyond the crosswalk on Franklin Boulevard are induced to make...

Excerpt: ...ney v. Wells Fargo Bank (1990) 220 Cal. App.3rd 1117, 1138.) Newberg on Class Actions (4th Ed.), the most authoritative treatise on class actions, discusses the process for approving the settlement of a class action. At § 11.24, “Procedure for Submitting Class Settlement for Approval,” Newberg describes the review at the preliminary stage as the submission by the parties of the essential terms of the agreement for informal review of the sett...

Excerpt: ...rines of res judicata and collateral estoppel as a result of a final judgment in a previous qui tam California False Claims Act lawsuit brought by Plaintiff in San Francisco Superior Court (“First CFCA Action”). Defendants also argue that the instant lawsuit is barred by the CFCA's first to file rule in Government Code § 12652(c) (10). A defendant may move for judgment on the pleadings if the complaint does not state facts sufficient to cons...

Excerpt: ...ative defenses. Under the “Other” section of the judicial council form answer, Defendant states that he would like to reach a settlement to lower the amount owed and would like to make reasonable monthly installments. He states that if a settlement cannot be reached, he would like a court date to defend himself. Importantly, Defendant's inability to pay is not an affirmative defense. When the moving party is the plaintiff, there is only one g...

Excerpt: ...ng 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. Plaintiff's counsel failed to comply with CRC Rule 3.1110(b)(3)‐(4). Factual Background This is a putative class and representative action brought by plaintiff against her employer. The 1AC purports to assert four causes of action for violation o...

Excerpt: .... *** Defendant NewRez LLC fka New Penn Financial, LLC dba Shellpoint Mortgage Servicing's (“SMS”) demurrer to the First Amended Complaint (“1AC”) is ruled upon as follows. The notice of demurrer does not provide notice of the court's tentative ruling 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...

Excerpt: ...on law and motion matters. *** *** If plaintiffs request oral argument in an attempt to obtain leave to amend, they 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' demurrer to the Third Amended Complaint (“3AC”) is SUSTAINED IN PART and OVERRULED IN PART, without leave to amend, as follows. Plaintiffs' counsel failed to comply...

Excerpt: ...was looking for an assisted living facility due to the fact that Mr. McDonald recently suffered a stroke, that the after‐ effects of Mrs. McDonald's injuries, which are the subject of the lawsuit, have progressively hindered her ability to care for herself and Mr. McDonald, and Anne McDonald, their only daughter living in California, is finding she is unable to care for her parents' care needs. Plaintiffs indicate that they did not include a li...

Excerpt: ...titor. Defendant Robert Coral (“Coral”) is Serpentarium's president and CEO. (Serpentarium and Coral are collectively referred to herein as “Defendants”). In 2016, Plaintiff filed a misappropriation of trade secrets action against RoachKing, LLC and other individuals (collectively “RoachKing”), for a design for a colony used to breed dubia roaches for sale to reptile owners and pet stores, and for theft of dubia roaches. In 2017, the ...

Excerpt: ... matters. *** Defendant A. Teichert & Son, Inc.'s (“Teichert”) demurrer to Plaintiff Martin Davalo's first amended complaint (“FAC”) is ruled upon as follows. Teichert's request for judicial notice is GRANTED. This is a putative wage and hour class action. Plaintiff worked as a cement mason. Teichert demurs to each cause of action on the ground that the Collective Bargaining Agreements (“CBAs”) entered into between Plaintiff and Teich...

Excerpt: ... drip and micro‐ drip irrigation products throughout the United States. (FAC, ¶ 5.) Jain's trade secrets and proprietary information include its customer identities, marketing plans, financial information, business strategies, vendor and contact information, pricing details, products in development and manufacturing processes. (Id., ¶ 7.) In 2006, Jain's predecessor in interest hired Hardigree as a sales manager. (FAC, ¶ 11.) Hardigree recei...

Excerpt: ...ese documents, the court accepts the fact of their existence, not the truth of their contents. "There exists a mistaken notion that this means taking judicial notice of the existence of facts asserted in every document of a court file, including pleadings and affidavits. However, a court cannot take judicial notice of hearsay allegations as being true, just because they are part of a court record or file. A court may take judicial notice of t...

Excerpt: ...isayans”). On 5/5/2018, counsel for all defendants withdrew as counsel, explaining that his clients were not cooperating or meeting with him. On 9/5/2018, the Court granted Plaintiffs' unopposed motion to strike the answers of the Entity Defendants which were no longer represented by counsel. The Sisayans are acting in pro per and have been without counsel since 5/5/2018. Plaintiffs move for terminating sanctions for the Sisayans' failure to co...

Excerpt: ...o participate in oral argument on April 19, 2019, at 2:00 p.m. Defendant John Anderson's motion for summary judgment is ruled upon as follows. Defendant Anderson and Plaintiff's requests for judicial notice are granted. In doing so, the Court takes notice of the existence of the documents, not their contents. (See, e.g., Steed v. Dept. of Consumer Affairs (2012) 204 Cal.App.4th 112, 120‐121.) Overview Plaintiff Brian Spears filed his second ame...

Excerpt: ...ion: (1) discrimination in violation of the Fair Employment and Housing Act (“FEHA”); (2) harassment in violation of FEHA; (3) retaliation in violation of FEHA; (4) failure to take all steps necessary to stop discrimination, harassment, or retaliation in violation of FEHA; (5) failure to provide reasonable accommodation in violation of FEHA; and (6) failure to engage in timely good‐faith interactive process in violation of FEHA. Defendants ...

Excerpt: ...s counsel is directed to contact Defendants forthwith and 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. This action arises from an accident that occurred on October...

Excerpt: ...ted on in Fair Oaks, California (“Property”). Juda Ann passed away in 2005, and the Property passed to Ronald. In 2007, Ronald married Mabel. He added Mabel to the title as a joint tenant in December 2007. Plaintiffs allege that at the time her name was added to the title, Mabel understood and agreed that she would receive only a one‐half interest in the property upon Ronald's death and that she held the other one‐half of the Property, re...

Excerpt: ...ge the privilege log if necessary. On June 26, 2015, Defendants Jonathan Ellison and Frederick Winzer instituted a civil action against Plaintiffs Lotus Casino and John Park ("Plaintiffs"), alleging that Plaintiffs intentionally discriminated against Defendant Frederick Winzer by refusing entry of his Chihuahua, a purported "service animal" in of violation of the Americans With Disability Act (the "ADA") and California Unr...

Excerpt: ...arranty Act by, among things, selling to Plaintiff a 2010 Chevrolet Equinox vehicle (the "Vehicle") that suffers from engine and oil consumption defects (the "defects"), failing to repair the Vehicle after a reasonable number of attempts, and failing to repurchase the Vehicle. Plaintiff contends that the September 20, 2018 order compelled defendant to produce documents. However, the actual order was to compel defendant to serve fu...

Excerpt: ... an authorized representative on behalf of the Labor and Workforce Development Agency and similarly situated individuals employed by Defendant Ferguson & Brewer Investment Company. ("Defendant"). Plaintiff worked for Defendant in California from approximately March 22, 2017, to about November 10, 2017. See generally Exhibit B (Plaintiffs First Amended Complaint). Plaintiff has alleged that Defendant failed to pay overtime wages, failed to...

Excerpt: ...ve an opportunity to file a reply brief, as a reply was due April 3, 2019. Plaintiff moves for attorney's fees in the amount of $103,933.75 and requests a lodestar enhancement of 0.5 in the amount of $51,966.88, for a total of $155,900.63 in attorney's fees. Plaintiff also seeks costs and expenses in the amount of $20,495.42. This is a lemon law action. On November 28, 2011, Plaintiff purchased a new 2011 Jeep Grand Cherokee (the “vehicle”) f...

Excerpt: ...iff's purchase of a new 2013 Jeep Grand Cherokee for $86,673.60. This lawsuit was filed on June 30, 2016. On or about July 20, 2018 the parties agreed to settle the case for $245,000.00. This considerable settlement amount consisted of a full statutory "buy‐back" of Plaintiff s defective vehicle, incidental and consequential damages, and a civil penalty. Plaintiff now seeks the award of attorneys' fees and costs and expenses pur...

Excerpt: ...laintiff now seeks fees as the prevailing party pursuant to CCP § 425.16(c). Plaintiff seeks a total of $29,137.50 in fees representing 77.7 hours at $375 per hour in addition to $433.75 in costs. Plaintiff also "anticipates" expending an additional 15 hours in connection with the reply brief bringing the total amount requested to $35,316.25. CCP § 425.16(c)(1) provides that a “prevailing defendant on a special motion to strike shall ...

Excerpt: ...sented them beginning in or about June 2009. The Yeagers breached their fee agreement in July 2009 and this led to Defendants filing in Nevada County a Limited Jurisdiction action in 2010, resulting in a judgment in favor of Defendants. The Yeagers, acting in pro per, filed an appeal of the judgment but it was ultimately denied in late 2012. In early 2013, the Yeagers commenced this action against Defendants in Nevada County Superior Court but in...