Excerpt: ...nal Engineers v. Dep't of Transp. (1997) 15 Cal.4th 543, 590; Steed v. Department of Consumer Affairs (2012) 204 Cal.App.4th 112, 120‐ 121.) The Court did not consider Plaintiff's declaration or the exhibits attached thereto. In ruling on a demurrer, the Court does not consider such extrinsic evidence or evidence that is not subject to judicial notice. Overview The complaint is quite confusing. Plaintiff filed a judicial council form complaint,...

Excerpt: ...joint escrow instructions to Defendant Chicago Title, signed by both LAJ and T&C, the loan proceeds of approximately $1.2 million were to be wired to a joint account owned by both parties. At the time the instructions were signed and given to Chicago Title, no joint account existed. As alleged, after the joint escrow instructions were provided to Chicago Title, Janak Mehtani, a general partner in T&C, opened an account with Defendant Compass “i...

Excerpt: ...e of motion or and untimeliness in connection with the opposition. Future inaccuracies or failures to comply with procedural rules could result in adverse rulings. This is a civil rights case in which two minor plaintiffs allege that a police officer patrolling the grounds of a movie theater wrongfully detained them there, discriminated against them based on race and used excessive force. The plaintiffs allege that the officer was the agent of bo...

Excerpt: ...uary 18 was a court holiday). The Court has discretion to not consider late filed papers, however the court has considered the arguments therein and rejected them. Defendant moves to set aside the default as void under CCP 473(d), the Due Process Clause of the 14th Amendment to the U.S. Constitution, and CCP 418.10 on the grounds that he was never served with the summons and complaint. Default was entered October 17, 2017. No Judgment has yet bee...

Excerpt: ... court order August 20, 2018 and the court order of October 30, 2018, compelling plaintiff to provide verified responses, without objections, to defendant's form interrogatories, set one, special interrogatories, set one, and request for production of documents, set one. The responses were to be served no later than November 8, 2018. The Court's first ruling compelling plaintiff's discovery responses was August 20, 2018, which require...

Excerpt: ...es she showed the classic signs of a stroke and that her co‐workers were aware that she had had a stroke but that they failed to provide medical assistance. They allegedly placed her in an office and accused her of being under the influence of drugs or alcohol, then made her take a drug/alcohol test. She was thereafter sent home with a friend who took her to the emergency room to be treated for the stroke. She alleges causes of action for false...

Excerpt: ... was untimely served is OVERRULED. Because Plaintiffs were able to craft an opposition, and because the issues in the protective order overlap with those in Plaintiffs' own motion to compel, any untimeliness did not result in unfair prejudice. Overview This is an elder abuse / wrongful death case. Plaintiffs are the decedent's successorsin‐interest. Defendant Vibra is a hospital, not a skilled nursing facility. In their complaint, Plaintiffs al...

Excerpt: ...ertifying the proposed class herein for purposes of settlement; 2. Preliminarily appointing Plaintiff Henry Cress and Plaintiff Jeanine Roberts as class representatives for purposes of settlement; 3. Preliminarily appointing the Shimoda Law Corp. as class counsel for purposes of settlement; 4. Preliminarily approving the proposed class action settlement, which is incorporated herein by reference; 5. Preliminarily approving the application for pay...

Excerpt: ...urther responses to his first set of requests for admissions is GRANTED in part and DENIED in part; monetary sanctions DENIED. Overview This case involves the purchase and sale of two four‐plex properties. Gregory alleges that, when he purchased the properties, Defendant 1st Priority Realty (1st Priority) was his and the seller's broker. Gregory contends that 1st Priority withheld facts about the properties and misrepresented other facts. Grego...

Excerpt: ...atrolling the grounds of a movie theater wrongfully detained them there, discriminated against them based on race and used excessive force. The plaintiffs allege that the officer was the agent of both Regal and Co‐ Defendant Sacramento Police Department. In addition to various torts, the FAC contains a breach of contract cause of action against Regal. The plaintiffs allege that they purchased tickets to see a movie, but that Regal breached the ...

Excerpt: ...ir dealing. Plaintiff alleges that he was under contract with the DSH since 1997 to perform evaluations of Mentally Disordered Offenders (“MOD”). (AC ¶ 8.) He was engaged to perform similar evaluations for Sexually Violent Predators (“SVP”) in 2005. (Id.) Plaintiff alleges that he conducted a SVP evaluation of “Xxx” beginning in 2009 who was a client of Defendant David Santiago, Los Angeles Deputy Public Defender. Plaintiff alleges t...

Excerpt: ...lizabeth Scheele (Scheele) and Terrel Ferreira (Ferreira) (collectively “Defendants”) to the complaint is SUSTAINED with leave to amend. Defendants' request for judicial notice of official administrative records is GRANTED. Defendants' further request for judicial notice of the absence of a petition for writ of mandamus is DENIED. Overview This case presents an employment dispute. The plaintiff is Christopher Newton (Newton). In his complaint...

Excerpt: ...us was suspended as of December 3, 2018 and remained suspended as of the date Defendants' reply was filed. As it stands, Plaintiff ClickSmart cannot oppose the instant demurrer until it cures the suspension. Plaintiff Advermail opposed the demurrer, and even though Plaintiffs' counsel represents both Advermail and ClickSmart, the current opposition was only filed on behalf of Advermail (likely given ClickSmart's suspeneded status). On...

Excerpt: ...revent discrimination and retaliation, failure to engage in the interactive process, and failure to make reasonable accommodation. Plaintiff alleges that he repeatedly sought medical treatment and took leave of absence as a result of a psychiatric condition. He alleges that he suffers from mental disabilities. Plaintiff seeks damages for lost past and future income, benefits, employment, and career opportunities, as well as past and ongoing emoti...

Excerpt: ... action against numerous defendants in connection with the treatment and care provided to Richard Novo, Sr. (the “Decedent”). Plaintiffs allege that Defendants were negligent in connection with a right thoracotomy with gastric pull up and distal esophagectomy performed on April 6, 2016. Defendant seeks summary judgment on the basis that the care he provided met the applicable standard of care. Defendant provided an expert declaration demonstr...

Excerpt: ...f 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. Moving counsel is advised that where discovery responses (as opposed to further responses) are sought, copies of the discovery need not be included with the motion. Proof of service is all that is req...

Excerpt: ..., alleges that she was the victim of sexual abuse perpetrated by Defendant Joshua Vasquez during her attendance at an after school program at a Sacramento City Unified School District elementary school. Plaintiff alleges causes of action against moving Defendants and others for Negligent Supervision, Investigation and Retention of an Employee, Negligent Supervision of Plaintiff, a minor, the 3rd for Negligence and Negligent Failure to Warn. At is...

Excerpt: ...im of exemption, offering to pay $100 per month instead of having the statutory amount withheld, which would have been greater. Plaintiff then served a modification order to the employer requesting only $100 per month. After $12 is deducted each month for administrative fees, Plaintiff receives $88 each month to apply to the outstanding judgment. Smith now moves for a Court order that he may pay the Judgment in installments of $75 per month, paya...

Excerpt: ...11, 12, 18, 21‐23, 25, 33, 37, 38, 41, 42, 48‐50, 53, 54, 56, 67, 59, 60, 63, 64, 66, and 70‐73 is GRANTED. This is a Lemon Law action involving a 2012 Kia Optima, which Plaintiffs allege suffered from engine defects. Plaintiffs allege Kia knew the vehicle suffered from these defects, was unable to repair them, but nevertheless refused to repurchase the vehicle. Plaintiffs served the discovery on July 9, 2018, and gave Kia until September 1...

Excerpt: ...of $1,800.00, is denied without prejudice as set forth below. The defendant's efforts to obtain IMEs as to both plaintiffs are chronicled in the parties' briefs. It suffices to note that there had been several failed, modified, or cancelled attempts to complete the IMEs. The Court's recites the circumstances of the three most recent noticed IMEs, and focuses upon the last request. On May 18, 2018 defendant served a Second Amended Dema...

Excerpt: ...pection “ALL DOCUMENTS related to Envirosun, including but not limited to the company's financial statements, income statements, bank statements, and tax returns.” Mr. Newsom responded to the request objecting to production on the following grounds: (1) his indvidual right to privacy under the state constitution; (2) the production would require the disclosure of Mr. Newsom's confidential financial, or proprietary information; (3) the...

Excerpt: ...laintiffs' 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 [judicial notice of findings of fact does not mean that those findings of fact are true]; Steed v. Department of Consumer Affairs (2012) 204 Cal.App.4th 112, 120‐121 [“[W]hile the existence ...

Excerpt: ...he settlement. In this wage and hour action, Plaintiff alleges, among other things, that Defendant Sierra Canam, Inc. committed numerous wage and hour violations, failed to furnish itemized wage statements, failed to pay minimum wages, failed to pay overtime wages, and failed to pay timely wages upon cessation of employment. Plaintiff also alleges that Defendant violated Bus. & Prof. Code § 17200 and seeks penalties pursuant to PAGA. The trial c...

Excerpt: ...n untimely opposition on February 11, 2019, only seven days prior to the scheduled hearing date, in violation of CCP § 1005. Defendants move to strike paragraphs 12, 14‐25, 27‐28, 30‐31, 33‐35, 37‐39, 47‐53, 56‐60, 62, 64‐67, 71, and 75 on the grounds the assertions are irrelevant or improper as they are allegations regarding evidentiary facts rather than ultimate facts. Under section 436, the court may “[s]trike out any irrele...

Excerpt: ...Court considered the opposition. Plaintiffs filed a single opposition to both the demurrer and motion to strike. While the caption indicates it is an opposition to the motion to strike, the substance of the opposition does nothing to specifically discuss or rebut the claims in Raley's motion to strike. The opposition appears directed substantively at the demurrer. Accordingly, for all intents and purposes, this motion is essentially unopposed. De...