Excerpt: ...intiff Michael J. Widner (“Widner”) is granted in part and denied in part as set forth below. Widner's Request for Judicial Notice is granted. 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 Af...

Excerpt: ...material fact. *** Plaintiff Krystle Tash's Motion for New Trial challenging the granting of defendants The Permanente Medical Group, Inc. (“TPMG”) and Sue Matchell's Motion for Summary Judgment (“MSJ”) is DENIED. Factual Background Plaintiff's Complaint. This action arises out of plaintiff's employment with defendant TPMG, which began in 2006. Plaintiff alleges that starting around 2010 her supervisor, Sue Matchell, engaged in conduct al...

Excerpt: ...tate facts sufficient to constitute a cause of action. The Court has adopted the following procedure for hearings in department 53 for self‐represented incarcerated parties. The clerk shall fax a copy of the tentative ruling to the litigation coordinator on or before the date of the scheduled hearing. The litigation coordinator shall provide the tentative ruling to plaintiffs within 48 hours of receiving it. The hearing date shall automatically...

Excerpt: ...t of a HVAC system in her apartment unit that caused a water leak which led to water intrusion. She alleges that mold then developed which made her sick. She alleges that she asked “defendants” to relocate her so they could do repairs and mold remediation but they would only do so if she signed a Mutual Release Agreement which she refused to sign. Plaintiff does not make any allegations regarding her relationship with Defendant. The demurrer ...

Excerpt: ...lation of FEHA and Labor Code §§ 98.6 and 1102.5, wrongful termination in violation of public policy, and failure to prevent discrimination and retaliation, breach of fiduciary duty, breach of contract, and declaratory judgment. Defendant contends the Complaint contains attorney‐client privileged information that should be stricken pursuant to CCP §§ 435 and 436. Specifically, Defendant contends the privileged information is contained in pa...

Excerpt: ...CCP 473.5), and the default is void. (CCP 473(d).) The Amended proof of service indicates that Maki was served via substitute service on 6/21/2018 at 9:26 a.m. The service was made at 10385 Atwood Rd. Auburn, California 95603. "John Doe" was "Drop served", he was aged 45‐50, 5'8", weighed 225+ lbs, bald, and white. The service was made by Shawn Sardia ("Sardia"), a registered California process server. According ...

Excerpt: ...ndants”) motion to dissolve preliminary injunction and motion to dismiss is ruled upon as follows. Defendants' request for judicial notice is granted. Plaintiff filed his complaint in this non‐judicial foreclosure matter on September 21, 2017. The real property at issue is located in Solano County at 3455 Laguna Creek Trail, Vacaville, California 95688. On September 25, 2017, this Court granted Plaintiff's ex parte application for a temporary...

Excerpt: ...�in pro per plaintiff's failure to bring this 2013 action to trial within five years is UNOPPOSED and is GRANTED, as follows. Plaintiff commenced this action on 2/20/2013, seeking damages for personal injuries. Defendant now moves for mandatory dismissal of this 2013 action pursuant to Code of Civil Procedure §583.310 and §583.360 since plaintiff failed to bring this action to trial within five (5) years. Coupled with the lack of opposition whi...

Excerpt: ...njamin Shadle, M.D. (“Dr. Shadle”). Trial is currently set for April 8, 2019, 15 court days from today. Plaintiffs contend Dr. Shadle disclosed three retained expert bariatric surgeons to testify on the issues of standard of care, causation, and damages and one neurologist to testify on the issue of causation and damages. Plaintiffs now move for a protective order to limit Dr. Shadle to one retained expert bariatric surgeon on the grounds usi...

Excerpt: ... file a response to the defendant's status report. This matter was continued to this date from February 21 and the Court has now considered the opposition filed by City. On September 26, 2018, this court granted the City's Petition for Appointment of a Receiver pursuant to Health and Safety Code Section 17980.7 (See tentative ruling issued on September 26, 2018.) On the same date, at the request of Mr. Howard Sutton's Son and daughter...

Excerpt: ... The motion of Defendants Gary Mitchell (Mitchell) and Mitchell & Mitchell Insurance Agency, Inc. (Agency) (collectively “Defendants”) for summary judgment or, in the alternative, summary adjudication of issues is DENIED. Plaintiff Patricia Blank's (Blank) request for judicial notice (RJN) of the original complaint in this case is unopposed and granted. Overview This case presents a business dispute. Blank alleges that Mitchell induced her an...

Excerpt: ...is GRANTED. There is a substantial probability that Plaintiffs will prevail on a claim for punitive damages pursuant to CC § 3294. Plaintiffs have produced Martin's own deposition testimony as well as other evidence to substantiate the following summary of Martin's alleged conduct: This case arises from attorney Hiram M. Martin taking $130,000.00 from foreign clients…on the false representation Martin had the expertise and experience to succes...

Excerpt: ...aintiff contends she continues to experience pain and suffering from her collision related injuries. In addition, when the case was filed plaintiff did not fully appreciate the potential value of her loss of earnings claim. At the time of the filing of this motion, plaintiff contends that her economic damages are now between $15,000 and $18,000. Code of Civil Procedure section 403.040(b) authorizes courts to grant motions for reclassification tha...

Excerpt: ...dron. After the arbitration was held, the arbitrator found that Gendron was not credible and found that she had not been sexually harassed. The motion is dropped from calendar as the Court lacks jurisdiction to hear it. The motion was not served in the a manner required by CCP 1290.4. It must be noted that if the subject arbitration agreement does not provide the manner in which such service shall be made [the instant agreement does not] and the ...

Excerpt: ...motion matters. *** Defendants William Porter and Porter Law Group's motion to strike portions of the First Amended Complaint (“1AC”) is GRANTED IN PART and DENIED IN PART, as follows. Opposing counsel failed to comply with CRC Rule 3.1110(b)(3). Factual Background This action arises out of moving defendants' prior legal representation of the two plaintiffs, both of which are corporations. The 1AC purports to assert causes of action for legal...

Excerpt: ...d/or the court's equitable power to remedy extrinsic fraud in service of summons and to quash service of summons is ruled on as follows. The notice of motion does not provide the correct department or the time for hearing of this matter, which is 9:00 a.m. in Dept. 54 and not 2:00 p.m. in Dept. 53. Moving defendant is directed to contact opposing counsel and advise him/her of the correct department and the time for hearing of this matter. If movi...

Excerpt: ...eral, form interrogatoriesemployment, and special interrogatories (sets one) as requested in the moving papers. Defendant's request for monetary sanctions is denied as the motion was unopposed. Although California Rules of Court, Rule 3.1348 purports to authorize sanctions if the motion is unopposed, the Court declines to do so, as the specific statutes governing this discovery authorize sanctions only if the motion was unsuccessfully made or opp...

Excerpt: ...s that Defendants pursued the subject project and marketed space to tenants with insufficient capitol. Plaintiff contends that in order to build out the space, Defendants' investors needed to see secured leases. Plaintiff alleges that instead of first securing capitol to ensure they could build out the project as represented to prospective tenants, Defendants first secured lease agreements knowing that they could not deliver the projects and know...

Excerpt: ...e 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 the existence of each document in a ...

Excerpt: ...., 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 beyond reasonable dispute. (See Poseidon Devel., supra, 152 Cal.Ap...

Excerpt: ...matters. *** Defendants Capstone Home Services, LLC dba Simplicity Elderly Living (“LLC”) and Nathan Ciric's (collectively “Defendants”) demurrer to the complaint is SUSTAINED with leave to amend, as follows. Plaintiff's counsel failed to comply with CRC Rule 3.1113(f). Factual Background In a convoluted, unnecessarily long and contradictory pleading, the elderly plaintiff alleges in Paragraph 3 that on 8/18/2016 she “was getting into b...

Excerpt: ...ual plaintiffs along with Defendant Kenny Thomas were members of TSCS. Ultimately the individual plaintiffs and TSCS entered into a Membership Interest Repurchase and Member Withdrawal Agreement (“Agreement”) in January 2018 which left Defendant Thomas as the remaining member of Defendant TSCS. The individual plaintiffs were allegedly due a total of $148,467.88 collectively. Plaintiffs allege that TSCS failed to make the required payments. Pl...

Excerpt: ... requires a response to a petition to compel arbitration be filed within 10 days after service of the petition ["A response shall be served and filed within 10 days after service of the petition. . . ."]. Generally, the failure to respond within the 10‐day deadline in CCP § 1290.6 to a petition to compel arbitration award means that the factual allegations of the petition were deemed admitted under CCP § 1290. However, when a petition...

Excerpt: ...Complaint‐in‐Intervention was filed on May 1, 2015, this Court entered Judgment on the National Grange's claims on November 16, 2015, granting some of the relief sought in the Amended Complaint‐in‐Intervention when it declared the Guild had the obligation to return all property in its possession as of April 5, 2013, to the Grange. (ROA 633 and 636.) Shortly after the Judgment was entered, the parties stipulated to stay litigation of the A...

Excerpt: ...tribution systems and consists of a computer, relays, fuses, and controls. The TIPM provides the primary means of voltage distribution and protection for the entire vehicle." (Complaint, para. 13.) Thus, the TIPM "fails to reliably control and distribute power to various vehicle electrical systems and component parts." (Complaint, para. 15.) The complaint asserts causes of action for Breach of Express Warranty, Breach of Implied Warra...