Excerpt: ...ucts Liability Manufacturing Defect), Second Cause of Action (Strict Products Liability ‐ Failure to Warn), Fifth Cause of Action (Negligence) and Sixth Cause of Action (Loss of Consortium). Plaintiffs oppose the demurrer. Plaintiffs' Mark and Ann Montgomery's ("Plaintiffs") Second Amended Complaint against MicroPort Orthopedics Inc. is based upon an allegedly defective prosthetic hip device that was implanted into Mr. Montgomery...

Excerpt: ...ants are not named as defendants in the title caption of the First Amended Complaint and no causes of action are ostensibly stated against them. The defendants previously demurred to Plaintiff's complaint. However, the demurrers of defendants Krista Kastanos, Donald Lee Manning, Theresa Ann Huff, and Fern M. Laethem were stricken because their defaults had been entered prior to the filing of their demurrers. Their motions to set aside the default...

Excerpt: ...a, to post Security under CCP 1030 is denied. Amaya's Request for Judicial Notice is denied is granted. The Court notes that on January 20, 2019 a request for a fee waiver was filed. No fee waiver has yet been granted. Plaintiff seeks monetary, declaratory, and injunctive relief arising out of alleged violations of the Unruh Civil Rights Act ("Act") whereby defendant innkeeper would not allow plaintiff to rent a room because he was a ...

Excerpt: ...anctions in the amount of $190. The responses to the discovery were due on December 4, 2018. Plaintiff did not provide the court ordered responses nor did he pay the sanctions. (Declaration of Stewart) Trial in this matter is set for April 2, 2019. Defendant's Motion for Summary Judgment is set for hearing on March 1, 2019. A trial court must be cautious when imposing a terminating sanction because the sanction eliminates a party's fundam...

Excerpt: ...t protrude below the bottoms of the exhibits. (CRC 3.1110(f)(3).) Westchester's counsel are advised to review the formatting requirements in CRC 3.1350(f).) Westchester's opposing separate statement does not properly describe the evidence substantiating disputes of material facts. (Westchester filed a correct version on 2/19/19, which was after CARB registered its objections in the reply.) In its discretion, the court has considered the oppositio...

Excerpt: ...unsel did not return phone calls. Because the parties met and conferred by telephone before the demurrer to the original Complaint was filed, and, because in light of the ruling on the demurrer plaintiff has not cured the defects, the Court is not requiring a further meet and confer in person before this demurrer is ruled upon because it is apparent that no cause of action can be stated as a matter of law. Under such circumstances, a plaintiff ma...

Excerpt: ...ed for the February 1, 2019 hearing on plaintiff's motion for attorneys fees. As of February 20, 2019, it does not appear that anything has been filed pursuant to this court's order. The Court anticipates that the parties will either present a proposed formal order on this motion after meeting and conferring as to the amount of the attorneys fees award, or will request oral argument on the motion in the event they cannot reach an agreemen...

Excerpt: ..."CDCR"). The Complaint alleges that Doe Defendant R. Gonzalez, disrupted a religious service at Valley State Prison in Chowchilla, California. CDCR brings its demurrer on several grounds, that (1) plaintiff failed to adequately plead compliance with the applicable tort claims statutes; (2) plaintiff failed to allege that he exhausted his administrative remedies within the prison; (3) plaintiff failed to state a claim for negligence in his...

Excerpt: ...fs”). Davis alleges that Nurse Mullin and others provided her with pain management services. Florez and Tovar allege that Nurse Mullin was their coworker and supervisor. Nurse Mullin's Co‐ Defendants are his most recent employers, Advanced Pain Diagnostic & Solutions, Inc. and Kayvan Haddadan, M.D. According to Davis, Nurse Mullin grabbed her breasts during appointments. She also alleges that Nurse Mullin made telephonic and other graphic, un...

Excerpt: ...formation Services, LLC's (collectively "Equifax") is SUSTAINED in part without leave to amend and OVERRULED in part. Overview In the second amended complaint (SAC), Plaintiff Nabil Samaan (Plaintiff) alleges that he owns multiple residential properties, which he purchased with loans serviced by codefendants Wells Fargo Bank, N.A., Cenlar Agency, Inc. and PennyMac Loan Services, Inc. (the Servicers). The Servicers report Plaintiff's m...

Excerpt: ...Lias‐Gatlin guaranteed the lease. The matter was originally set for January 23, 2019 and issued a tentative ruling granting the application. The Court vacated the tentative ruling after Defendant appeared at the hearing and requested a continuance to obtain counsel. It was affirmatively represented she would do just that. Defendant thereafter filed an approximately 2 page declaration/opposition stating that the amount sought is not reasonable a...

Excerpt: ...o the same, but no greater, consideration than other litigants and attorneys. (Williams v. Pacific Mutual Life Ins. Co.(1986) 186 Cal.App.3d 941, 944.) Thus, as is the case with attorneys, self‐represented litigants must follow correct rules of procedure (Nwosu v. Uba(2004) 122 Cal.App.4th1229, 1246‐1247; see also Rappleyea v. Campbell (1994) 8 Cal.4th 975, 984.) On July 24, 2018, NCCS served form interrogatories on Plaintiff. Plaintiff faile...

Excerpt: ...employment action Plaintiffs allege causes of actions of action for wrongful termination in violation of public policy, disability discrimination in violation of FEHA, failure to prevent harassment/discrimination/retaliation in violation of FEHA, harassment in violation of FEHA, retaliation in violation of FEHA, retaliation in violation of Labor Code § 1102.5, failure to pay wages in violation of Labor Code § 201, failure to furnish wage and ho...

Excerpt: ...pient of the money was the person who was the designated payee of the check. Analysis The court finds that the facts alleged in the complaint are insufficient to state a valid cause of action against Bank. First, plaintiff has failed to indicate what theory of liability is being asserted against Bank and to the extent the theory might be negligence, the first amended complaint does not plead facts which establish that Bank owed any duty of care t...

Excerpt: ...supplemental briefing if needed should additional facts or evidence be discovered relevant to the motion. No further briefing has been field. However, defense counsel filed a supplemental declaration indicating plaintiff Eusebia Santiago (“Plaintiff”) has not produced a copy of the loan modification allegedly entered into with Mr. Cooper. Plaintiff's motion for issuance of preliminary injunction is ruled upon as follows. This is a nonjudicial...

Excerpt: ...d at the hearing. The parties should be prepared to point to specific admissible evidence which is claimed to show the existence or non‐existence of a triable issue of material fact. *** Defendant Jimboy's North America, LLC's (“JNA”) motion for summary judgment/adjudication on plaintiffs Jimboy's Marketing, Inc. (“JMI”) and Bellagrace, Inc.'s (“BGI”) Third Amended Complaint (“3AC”) is ruled on as follows. Although the notice of...

Excerpt: ...ose Consulting Corporation (“Ambrose” or “Defendants”) alleging five separate causes of action: (1) Physical Invasion of Privacy against all Defendants (Cal. Civ. Code §1708.8); (2) Trespass; (3) Fraud; (4) Negligent Misrepresentation; and (5) Unfair Business Practice. Defendants move to strike all five causes of action upon the ground that AHC and ARA allege constitutionally protected activity and that the claims against Defendants aros...

Excerpt: ...hoop fell on him. At issue on this motion are the District's responses to Plaintiffs' Form Interrogatories 12.2 and 12.3. The District refused to provide a response to the interrogatories and interposed objections, including ones based on attorney‐client and the attorney work product doctrine. The District identified four witnesses in its response to No. 12.1. Three of the witnesses are District employees and one is a student. At the outset, wh...

Excerpt: ...vide restitution in an amount equal to the actual price paid or payable for the vehicle (plus incidental and consequential losses less a “reasonable mileage offset”), two times actual damages, and attorney fees and costs “to be…determined by court motion if the parties cannot agree.” Plaintiff appears to have accepted this offer on 11/28/2018. Plaintiff now moves to “enforce” defendant's Code of Civil Procedure §998 offer, requesti...

Excerpt: ...cle collision. Defendant was convicted of a felony in connection with the collision. Plaintiff issued a business record subpoena to Schools Financial Credit Union seeking documents related to the financing and leasing of the defendant's 2010 Audi A4 that was involved in the collision. The subpoena seeks: (1) Any and all documents reflecting the financing and/or leasing of the 2010 Audi A4; (2) Any and all documents reflecting any co‐signers...

Excerpt: ...Plaintiff's responses to discovery and deemed requests for admission admitted. The December 7, 2018 order denied the EDD's motion for terminating sanctions based on Plaintiff's failure to provide the court ordered discovery but again ordered Plaintiff to respond and imposed monetary sanctions of $900. In connection with both motions Plaintiff attempted to file oppositions just prior to the hearings. Plaintiff now seeks to set aside the discovery ...

Excerpt: ...parties entered into a valid and binding settlement, and the material terms thereof. ((Viejo Bancorp, Inc. w. Wood (1989) 217 Cal.App.3d 200, 209, fn.4; see also Hines v. Lukes (2008) 167 Cal.App.4th 1174, 1182‐83.) Judgment may be entered under section 664.6 whether the parties are complying with the terms of the agreement or whether they are not. (Viejo Bancorp, 217 Cal.App.3d at 209, fn.4.) By enacting Code of Civil Procedure section 664.6 i...

Excerpt: ... of the contempt. Status briefs were ordered to be served and filed by 2/12/19. Suncountry Owners Association filed a Joint Status Conference Statement. Mr. Thompson has not filed a separate statement. Suncountry represents that conduct alleged to violate the court's judgment of July 10, 2018, still persist. Suncountry requests that the Court affirm its tentative ruling issued on January 15, 2019, with the exception of setting a different dat...

Excerpt: ...ee, issued by plaintiffs Robert Tellesen, J. Paul Muizelaar, and Vogue Homes, Inc., is granted in part as set forth below. Defendant move pursuant to Code of Civil Procedure sections 1987.1 and 2025.420 on the grounds that the plaintiffs' subpoena seeking Dr. Lee' personal bank account information: (1) violates Civil Code section 3295 which prohibits pre‐trial discovery by the plaintiff of evidence of the financial condition of the defendant un...

Excerpt: ...a document or tangible thing from a nonparty deponent must be personally served on the nonparty deponent unless the nonparty deponent agrees to accept service by mail at an address specified on the deposition record.” (emphasis added.) The proof of service in the Court's file lists the Sacramento Sheriff's Department and its address, but the proof of service does not indicate the method of service in what appears to be a clerical oversight. The...