Excerpt: ...reschool and Children's Center, suffered an injury to her left eye during recess. (Defendant's Statement of Undisputed Material Facts (“UMF”) No. 1.) At approximately 2:30 p.m., which was about 15‐20 minutes into the recess, a teacher at Marvin Marshall named Monica Sharma spotted a male student from about 10 feet away climbing a ladder for a play structure with a stick in his hand. (UMF Nos. 1, 4; Plaintiff's Statement of Undisputed [Addit...

Excerpt: ...ntiff's employment claims against Defendant. (Khosrowshahi Decl., ¶ 4, Exh. A.) As of the filing of Plaintiff's motion on June 29, 2022, Defendant had not responded to the requests for admissions, although Defendant had responded to other discovery served concurrently with the requests for admissions. (Khosrowshahi Decl., ¶ 5.) Defendant's counsel asserts that his office did not receive the proof of service for the requests for admissions until...

Excerpt: ...95814. Judicial Notice Defendants and Plaintiffs Leigh Bacco‐Scribner and Matt Scribner's (“Plaintiffs”) requests for judicial notice is granted. In taking judicial notice of these documents, the court accepts the fact of their existence, not the truth of their contents. (See Professional Engineers v. Dep't of Transp. (1997) 15 Cal.4th 543, 590 [judicial notice of findings of fact does not mean that those findings of fact are true]; Steed v...

Excerpt: ...ncludes a total of six causes of action, five of which are against Caltrans. The causes of action against Caltrans are the second through the sixth causes of action, and are for (1) racial discrimination in violation of Title VII of the Civil Rights Act, (2) disparate treatment and racial discrimination under the California Fair Employment and Housing Act (“FEHA”), (3) hostile work environment under the FEHA, (4) failure to prevent harassment...

Excerpt: ...a declaration, no later than August 17, 2022, that satisfies the requirements of Code of Civil Procedure section 439. Counsel's supplemental declaration states that a letter was sent to Defendant in pro per, Holly Tolbert (“Defendant”) that outlines Plaintiff's basis for bringing the instant motion because Defendant has not provided a phone number. (Amended declaration of Nicholas Mortl ¶2, Ex. 1.) Up until Plaintiff filed the supplemental d...

Excerpt: ... Caylor within 48 hours. The litigation coordinator is directed to have Plaintiff Jeffrey Michael Caylor available at oral argument on August 24, 2022 at 1:30 pm. Appearance will be by ZOOM. Department 53 Zoom ID is: 161 4650 6749. To appear on Zoom by phone, call (833) 568‐8864 and enter 161 4650 6749#. Appearance is required. Defendant Keri Hamilton's motion to dismiss for delay in prosecution is denied. This matter was originally set for Aug...

Excerpt: ...mination in violation of FEHA, failure to engage in the interactive process and failure to provide a reasonable accommodation in violation of FEHA, intentional infliction of emotional distress and violation of Business & Professions Code § 17200. Plaintiff alleges that he alerted Defendant to defective machinery that he worked on which Defendant never repaired. He alleges he had to repair the machinery himself which resulted in cumulative injuri...

Excerpt: ...'s characterization of this motion as a “motion for summary judgment or in the alternative, motion for summary adjudication”, the Court considers Plaintiff's motion as a motion for summary judgment. “If summary adjudication is sought, whether separately or as an alternative to the motion for summary judgment, the specific cause of action, affirmative defense, claims for damages, or issues of duty must be stated specifically in the notice of...

Excerpt: ...shows that Plaintiff's request for admissions to Defendant Ema Chavez were deemed admitted on January 6, 2022. When the moving party is the plaintiff, there is only one ground for a motion for judgment on the pleadings: "the complaint states facts sufficient to constitute a cause or causes of action against the defendant and the answer does not state facts sufficient to constitute a defense to the complaint." (C.C.P. 438(c)(1)(A).) The grounds fo...

Excerpt: ...receiving it. The hearing date shall automatically be continued one week plus one court day for oral argument. The continuance date will always be an appearance required hearing so that Plaintiff need not request oral argument. The Litigation Coordinator shall make Plaintiff available, by Zoom telephonically, at 9:00 a.m. on the date of the continued hearing date, which will be September 1, 2022, to participate in oral argument. To appear on Zoom...

Excerpt: ...eph Chang, and Dharmeeka Chang alleging a single cause of action for premises liability based upon negligence, willful failure to warn, and dangerous condition of public property. Plaintiff alleges she slipped and fell on the sidewalk at 5700 S Land Park Drive in Sacramento, California. The location of Plaintiff's fall adjoins Parkside Community Church's (the “Church”) property. On February 18, 2021, the Church filed a Cross‐Complaint for e...

Excerpt: ...��) First Amended Complaint (“1AC”) is ruled upon as follows. Request for Judicial Notice Defendants' request for judicial notice is GRANTED as to Exhibits C, D, E, F, G, and J, which are excerpts from the Sacramento County Zoning Code. Defendants' request for judicial notice is DENIED as to Exhibits A, B, H, and I, which are print‐outs of zoning maps and data maps from the Sacramento County GIS Map Information website. None of the exhibits...

Excerpt: ... receiving it. The hearing date shall automatically be continued one week plus one court day for oral argument. The continuance date will always be an appearance required hearing so that Plaintiff need not request oral argument. The Litigation Coordinator shall make Plaintiff available, by Zoom telephonically, at 9:00 a.m. on the date of the continued hearing date, which will be August 31, 2022, to participate in oral argument. To appear on Zoom ...

Excerpt: ... is a collection action to recover the unpaid balance on a personal loan Defendant Kenneth Greer (“Defendant”) has with Plaintiff. On December 16, 2021, Plaintiff filed a notice of conditional settlement in accordance with CRC Rule 3.1385 as a result of a settlement reached with Defendant. (ROA 15.) Defendant has failed to make the required payments and Plaintiff now seeks to vacate the notice of settlement and have the matter restored to the...

Excerpt: ...on November 19, 2021, approximately six months before the motion was actually filed. (Mortl Decl., ¶ 2.) After being informed Plaintiff called the wrong number, Plaintiff made no other effort to meet and confer with Defendant. (Mortl Decl., ¶ 2.) However, the failure to meet and confer is not sufficient grounds to deny the motion. Further, as the motion is based entirely on evidence of admissions by Defendant made pursuant to a prior motion to ...

Excerpt: ...m SROG”); and Special Interrogatories, Set One, to Rose (“Rose SROG”) is DENIED. Plaintiffs served the subject discovery requests on March 25, 2022. (Parsons Decl., ¶ 3, Exhs. 2‐4.) Defendants responded on May 9, 2022. (Parsons Decl., ¶ 4, Exhs. 5‐7.) Plaintiffs contacted Defendants to meet and confer regarding alleged deficiencies in the responses on May 23, 2022. (Parsons Decl., ¶ 6, Ex. 8.) The parties continued to meet and confer...

Excerpt: ...ff in pro per alleges that on 12/19/2019 defendant Cherian closed plaintiff's cell door on his arm and was thereafter denied medical care. In his original complaint filed on 1/13/2021, plaintiff purported to assert against several defendants causes of action for negligence and intentional tort based on the 2019 incident. All defendants demurred on various grounds including plaintiff's failure to comply with the Government Claims Act (“GCA”) a...

Excerpt: ...s daughter Michelle Osborn when their Chrysler minivan was struck by a 2007 Hyundai Santa Fe ("Subject Vehicle") driven by Plaintiff Regina Wander. Plaintiffs Angela Osborn ("Ms. Osborn"), Kenneth C. Osborn ("Kenneth"), Samantha Osborn ("Samantha"), Elizabeth Osborn ("Elizabeth"), and Lucy Stem Guevara's ("Lucy")' (collectively, the "Osborn Plaintiffs") filed their action against Hyundai in August 2017 alleging that Ms. Wander's vehicle was defec...

Excerpt: ...ence Code section 1043, subdivision (c). The Declarations of Jennifer Vue and Jackie Castle filed on August 11, 2022, indicate notice was provided to the subject officers as required. (ROA 89, 90.) Background This is a disability discrimination case in which Plaintiff alleges CHP denied him a reasonable accommodation for his physical disability, a back injury. Plaintiff alleges his disability could have been accommodated by allowing him to wear h...

Excerpt: ...hak did not obtain leave of court to do so. Factual & Procedural History This is a personal injury action arising out of an alleged sexual battery and assault committed by Dr. Pathak against Plaintiff. Specifically, Plaintiff alleges that during a medical appointment she underwent a medically unnecessary breast examination by Dr. Pathak for his own gratification. (See Sec. Am. Compl. ¶¶ 6‐7.) Plaintiff commenced this action on December 11, 20...

Excerpt: ...f action that will be addressed at the hearing. The parties are also reminded that pursuant to local court rules, only limited oral argument is permitted on law and motion matters. ** CDSS's request for judicial notice is denied as it was not relevant to the Court's ruling. Overview This action was commenced on 12/2/2019. The First Amended Complaint was filed on 2/18/2020. The Second Amended Complaint (“2AC”) was filed on 9/13/2021. The 2AC a...

Excerpt: ...ve ruling system as required by Local Rule 1.06(D). Counsel is ordered to notify Plaintiff's counsel immediately of the tentative ruling system and the manner to request a hearing. If moving counsel is unable to contact Plaintiff's counsel prior to hearing, moving counsel is ordered to appear at the hearing. On June 8, 2022, this Court granted Defendant's unopposed motions to compel Plaintiff Vanetta Young's (“Plaintiff”) responses to form in...

Excerpt: ...nteria and Elvia Mendez‐Ortiz's (“Plaintiffs”), untimely opposition. The Court finds no prejudice in doing so has been shown; Defendant was able to file a reply thereto before the hearing date. This Court previously denied Defendant's motion to set aside default and leave to file an answer on the grounds that the declaration of Jose L. Parra submitted with the motion was lacking in facts to support relief under Code of Civil Procedure secti...

Excerpt: ...s follows. The Court did consider the late‐filed supplemental opposition, but it does not change the result of this ruling. The Court need not, and does not, rule on Defendants' objections to evidence submitted in support of Plaintiff's supplemental opposition since they concern evidence deemed immaterial to decision on the motion. Defendants' Request for Judicial Notice is granted. Factual and Procedural Background This case arises out of the ...

Excerpt: ... not properly served on him pursuant to CCP §§ 473(d) and 415.20(b). This case was initiated on November 16, 2007, when Plaintiff Resurgence Financial LLC (“Plaintiff”) filed its complaint alleging that Defendant owed an outstanding credit card balance. (ROA 1.) On February 28, 2008, Plaintiff filed a Proof of Service stating that the summons and complaint had been served on Defendant via substituted service. (ROA 5.) The Proof of Service s...

Excerpt: ...s computer before returning the computer to Plaintiff. On June 29, 2022, following rulings on a number of Plaintiff's motions to compel, Plaintiff filed a motion for terminating sanctions. In support of the motion for terminating sanctions, Plaintiff lodged a number of exhibits and now moves under California Rules of Court, rule 2.550 to seal those exhibits: • Exhibit A to the Cates Declaration ‐ Price Worksheet; • Exhibit B to the Cates De...

Excerpt: ...ilure to pay wages owed in violation of Labor Code § 204, violation of Business & Professions Code § 17200, and for penalties pursuant to the Private Attorneys General Act of 2004 (“PAGA”). Plaintiff asserted the causes of action on an individual and class/representative basis. On June 16, 2014, this Court granted Defendant's motion to compel arbitration. (ROA 17) The Court granted the motion as to the first and second causes of action but ...

Excerpt: ...ust 24, 2022 at 1:30 pm. Appearance will be by ZOOM. Department 53 Zoom ID is: 161 4650 6749. To appear on Zoom by phone, call (833) 568‐8864 and enter 161 4650 6749#. Appearance is required. Defendant Keri Hamilton's motion to dismiss for delay in prosecution is denied. This matter was originally set for August 3, 2022. The Court continued the matter so that it could consider Plaintiff's late filed opposition and allow Defendant to file a repl...

Excerpt: ...tiffs Rebecca and Michael Kosinski filed their complaint in February 2021 alleging causes of action against Nationwide, Bullseye Leak Detection, Inc., and Moradi arising out of damage to their home caused by water intrusion. A first amended complaint (“FAC”) was filed on February 3, 2002 adding American Leak Detection, Inc. Plaintiffs alleged they filed claims under their homeowner's policy with Nationwide regarding the water intrusion. They ...

Excerpt: ...ling to Defendant Andre Ragland within 48 hours. The litigation coordinator is directed to have Defendant Andre Ragland available at oral argument on August 17, 2022 at 1:30 pm. Appearance will be by ZOOM. Department 53 Zoom ID is: 161 4650 6749. To appear on Zoom by phone, call (833) 568‐8864 and enter 161 4650 6749#. Appearance is required. Plaintiff John Doe's unopposed motion to compel testimony of Defendant Andre Ragland at continued depos...

Excerpt: ...'s (“Decedent”) treatment in the emergency department at Methodist Hospital. Plaintiffs in pro per, Karen Newsom, and the Estate of Elean Newsom, by and through successor‐in‐interest, Karen Newson (collectively “Plaintiffs”), allege causes of action for wrongful death and survival following Decedent's death while hospitalized at Methodist Hospital. As Dignity Health points out in its supporting papers, all other named defendants have ...

Excerpt: ...Contest Validity of Trust; 3) Financial and Physical Elder Abuse; 4) Intentional Interference with an Expected Inheritance; 5) Conversion; 6) Return and Confirmation of Trust Property; 7) Accounting; and 8) Damages. The gist of the causes of action is that Defendant exerted undue influence over the Decedent in order to convince him to execute the Trust designating the Defendant as the sole beneficiary and leaving nothing to Plaintiff. Plaintiff a...

Excerpt: ...ted. The request for judicial notice shows that Plaintiff's request for admissions to Defendant Jeremy Lorenzo were deemed admitted on January 5, 2022. When the moving party is the plaintiff, there is only one ground for a motion for judgment on the pleadings: "the complaint states facts sufficient to constitute a cause or causes of action against the defendant and the answer does not state facts sufficient to constitute a defense to the complain...

Excerpt: ...red to notify responding parties immediately of the tentative ruling system and the manner to request a hearing. Plaintiff seeks an interlocutory order to partition the Subject Property, located at 3210 Lerwick Road, Sacramento, California 95821, assessor's parcel number 254‐0142‐007 ‐0000, by sale pursuant to Code of Civil Procedure section 872.720. Plaintiff argues partition is proper because the Subject Property is jointly owned by three...

Excerpt: ...Officer Chambers (“Chambers”) for compensatory, punitive, and injunctive relief due to harassment based on sex. The pleading alleges two causes of actions against Correctional Officer Chambers: (1) sexual harassment under Government Code section 12940; and (2) use of violent acts and threats of violence based on sex in violation of the Civil Code section 51.7 (Ralph Civil Rights Act). Stephanie Watts (“Watts” or “Intervenor‐Plaintiff�...

Excerpt: ...he Third Amended Complaint (“3AC”) is SUSTAINED without leave to amend as follows. Judicial Notice The State Defendants' request for judicial notice of the Government Claim filed by Plaintiff is granted. A court may also take judicial notice of the filing and contents of a Government Claim, but not the "truth of the claim." (Gong v. Rosemead (2014) 226 Cal.App.4th 363, 368, fn. 7.) Factual and Procedural Background This action arises from the...

Excerpt: ...sed at the hearing and the parties should be prepared to point to specific evidence which is claimed to show the existence or nonexistence of a triable issue of material fact. *** Defendant Safeway Inc.'s motion for summary judgment or, in the alternative, summary adjudication, is ruled upon as follows. In this employment action, Plaintiff Thomas LePage alleges he was wrongfully terminated by Defendant Safeway Inc. Plaintiff filed his complaint o...

Excerpt: ...vely, “McAtee”). Mid Valley has been served with the Summons and Complaint, but McAtee has not. Two Declarations of Diligence were filed by Plaintiff on June 9, 2022, indicating the Sheriff attempted to personally serve McAtee on April 29, 2022, at 14771 Sutter Highland Drive, Sutter Creek, California 95685, but was informed there is a new owner at the residence and McAtee had moved to Idaho. Thus, as to McAtee, the motion is DENIED as they h...

Excerpt: ...ication on three stipulated issues are ruled on as follows. This is a construction contract dispute arising from debris cleanup after the Camp Fire in Paradise, California. The parties filed cross‐motions for summary adjudication, and have stipulated to the adjudication of three legal issues pursuant to Code of Civil Procedure Section 437c(t). (Register of Actions (“ROA”) 32.) Pursuant to that Section, a party “may move for summary adjudi...

Excerpt: ... items except item f, which is an email from Defendant's counsel to Plaintiff's counsel. This email is not the proper subject of judicial notice. As to the remaining items, which are documents in the Court's file in this action, judicial notice is taken only as to the existence of the documents only, not the truth of the matters asserted therein. (See Professional Engineers v. Dep't of Transp. (1997) 15 Cal.4th 543, 590 [judicial notice of findin...

Excerpt: ... filed on July 13, 2022. Background Facts & Procedure This is a public nuisance action brought by Plaintiff City of Sacramento (the “City”) concerning real property commonly known as 2246 Waterford, Sacramento, CA 95815 (the “Property”). Defendant Linda Siegrist (“Defendant”) is the Property's owner of record. The City commenced this action on February 17, 2017, alleging the following causes of action: (1) public nuisance under the Ci...

Excerpt: ...ut of an alleged agreement whereby CTI performed certain tax services on behalf of plaintiff Nelson and his businesses, ultimately charging the latter over $800,000. Plaintiff Nelson, the owner or part‐ owner of several different businesses, claims to have for several decades relied on Yribarren for accounting services, financial advice, business planning and taxes, ultimately coming to place “significant trust” in Yribarren. According to t...

Excerpt: ...est for attorney's fees is DENIED as follows. Defendants' request for judicial notice is GRANTED. In taking judicial notice of these documents, the court accepts the fact of their existence, not the truth of their contents. (See Professional Engineers v. Dep't of Transp. (1997) 15 Cal.4th 543, 590.) Factual Background This action involves a dispute between Plaintiff KHM Holdings, LLC (“Plaintiff”) and various defendants, including instant mov...

Excerpt: ...tor is also directed to have plaintiff James Root available for oral argument on 8/23/2022 at 1:30 p.m. Appearance will be by ZOOM. Department 53 Zoom ID is: 841 204 6267. To appear on Zoom by phone, call (888) 475‐4499 or (877) 853‐5257 (toll‐free) and enter the Zoom ID referenced above for oral argument on October 20, 2021. Appearance is required. Defendants Department of Corrections and Rehabilitation, Lynch and Williamson's motion to di...

Excerpt: ...or Defendant to file and serve a supplemental declaration clarifying what sanctions it is seeking. Defendant has filed a supplemental declaration and the Court rules on the unopposed motion as follows. Defendant brings the instant motion on the grounds that Plaintiff has yet to provide verified responses to Defendant's requests for production, as ordered by the Court; Plaintiff has continued to refuse to respond substantively or properly to each ...

Excerpt: ...ed to a credit card account. Plaintiff's request for judicial notice of a federal statute and a federal regulation is GRANTED. Facts Plaintiff's complaint for common counts stems from allegations that Defendant Kamille Ford (“Defendant”) applied to Plaintiff for a credit card account and entered into a written credit card account agreement with Plaintiff for the account number ending in 1000 (the "Account"). (UMF 1, 10.) Defendant agreed to b...

Excerpt: ...red to notify responding parties immediately of the tentative ruling system and the manner to request a hearing. Plaintiff seeks an interlocutory order to partition the Subject Property, located at 3210 Lerwick Road, Sacramento, California 95821, assessor's parcel number 254‐0142‐007 ‐0000, by sale pursuant to Code of Civil Procedure section 872.720. Plaintiff argues partition is proper because the Subject Property is jointly owned by three...

Excerpt: ...laint is ruled as follows. Factual Background This matter arises from Plaintiff's former employment with Defendant. Plaintiff alleges she first began working for Defendant in November 2013 and for the first eight 8 years of her employment, she received verbal praise and positive performance evaluations. (Verified Complaint ¶¶ 6‐7.) Due to the COVID‐19 pandemic, Plaintiff and other employees of Defendant began working from home. Plaintiff al...

Excerpt: ...020, attorneys for Defendants California Window Concepts, Inc., California Windows Concepts (NV), LLC, and Preferred Window Products of Nevada, LLC withdrew from representation on the basis that the entities were suspended, dissolved, and inactive, respectively. On December 8, 2021, attorneys for Defendants Preferred Window Products, Inc., Preferred Window Products of California, LLC, and Pacific West Capital Holdings, Inc. withdrew from represen...

Excerpt: ...Set One, No. 17.1, served on June 7, 2021. (Notice at 2.) Defendant also requests monetary sanctions in the amount of $1,460.00 against Plaintiff pursuant to CCP sections 2030.290(c), 2030.300(d), 2023.030, and 2023.010(g). (Ibid.) Defendant also indicates in its Notice of Motion that Plaintiff has not complied with this Court's previous Order to provide a verification to his amended responses to Defendant's Form Interrogatories, Set One. (Notice...