Excerpt: ...(“OSI”), was sued as a guarantor of the loan that OSI allegedly defaulted on. (Compl. ¶¶ 5‐7.) On May 6, 2020, Plaintiff filed a proof of service indicating substituted service upon Defendant Eiseman. (ROA 14.) According to the proof of service, the server attempted personal service on March 4, 2020 at 4:59 p.m. and March 5, 2020 at 9:15 a.m. (ROA 14, p. 3.) Each attempt was unsuccessful because Defendant was “[n]ot in.” (Ibid.) The s...

Excerpt: ...t objections, to Plaintiff's form interrogatories and requests for production (sets one) no later than October 5, 2021. (ROA 30, 31) No sanctions were awarded as the motions were unopposed. Plaintiff now seeks terminating sanctions, specifically an order striking Defendant's answer and entering default, on the basis that Defendant has not provided the Court ordered responses. The Court notes Plaintiff previously filed a similar motion against Def...

Excerpt: ...ction of emotional distress. Plaintiff was employed by SacRT since 2000 and was the Maintenance Supervisor‐Light Rail. Plaintiff alleges he planned to retire on May 1, 2020 but was motivated to stay to help SacRT respond to the challenges of the pandemic. He alleges his team was tasked with cleaning and disinfecting the light rail cars through a “fogging” process. He alleges he met with Stephen McCabe, SacRT's senior safety manager on April...

Excerpt: ...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 she was employed as a “Packer” at Defendant's liquid bag manufacturing center in Sacramento and was eventually promoted to “InspectorPacker.” Plaintiff alleges her job duties included labor‐intensive tasks such as packing and ...

Excerpt: ...oad discretion to determine whether a proposed settlement in a class action is fair. (Rebney v. Wells Fargo Bank (1990) 220 Cal. App.3d 1117, 1138.) The law favors settlement, particularly in class actions and other complex cases where substantial resources can be conserved by avoiding the time, cost, and rigors of formal litigation. (See Newberg on Class Actions 4th (4th ed. 2002) § 11.41 (and cases cited therein); Class Plaintiffs v. City of S...

Excerpt: ...ation in violation of FEHA, retaliation in violation of FEHA, racial and disability harassment in violation of FEHA, harassment based on use of disability leave in violation of FEHA, failure to prevent in violation of FEHA, violation of the Whistleblower Protection Act (Gov't Code §§ 8457 et seq.), and violation of Labor Code § 1102.5. Defendants Barraza and Souza, Plaintiff's supervisors are named in the harassment causes of action in additio...

Excerpt: ...asound by Defendant's employee Henry Nweke, the ultrasound technician. Plaintiff alleges that she suffered severe emotional distress. She alleges causes of action for violation of Civil Code § 51.9, Civil Code § 1708.5 and for intentional infliction of emotional distress. Defendant served 12 subpoenas to various medical providers requesting the following records: “Any and all documents and records pertaining to the care, treatment, and examin...

Excerpt: ...or of HSBC's predecessor, Beneficial Finance, Inc. (SAC, ¶ 15.) The note was secured by a deed of trust recorded against the subject property. (SAC, ¶ 15.) In 2003, Hassan took out another loan from an entity called Money Brokers, again securing the loan with a deed of trust recorded against the subject property. (SAC ¶ 18, Ex. E.) According to the SAC, Hassan used the proceeds from this loan to pay off the 1994 HSBC loan, but HSBC failed to p...

Excerpt: ...ion of Defendants Michelle Minno and Kurt Colgan for claims against their landlords related to mold in their home. (FAC, ¶ 6.) Plaintiff and Defendants Minno and Colgan entered into a written fee agreement on December 19, 2015. (FAC, Exh. A.) The fee agreement provided that Plaintiff would be paid a contingency fee of 33.3% of the recovery, which was to “be paid to the Attorneys after any advanced fees and costs have been returned by whomever ...

Excerpt: ...ended CrossComplaint (“FACC”), filed by Defendants and Cross‐Complainants Mitesh Patel (“Patel”) and David Kyle, D.O. (“Kyle”) ("Cross‐Complainants"). Facts and Procedural History This matter arises from a series of events, including business agreements, investments, and contracts, involving Nivano and the parties. On June 9, 2021, Nivano filed its unverified complaint against Patel and Kyle alleging causes of action for (1) Decla...

Excerpt: ... 32, and 38 is GRANTED. Plaintiff filed a statement of non‐opposition, which states “Plaintiff was in the process of supplementing the responses but informed Defendant's counsel that Plaintiff was having medical issues. Rather than meet and confer in good faith regarding these medical issues, Defendant filed these pre‐ emptive motions (see, Declaration of Peter F. Samuel, filed concurrently herewith.)” (ROA 35.) The Declaration of Peter F...

Excerpt: ...amily Revocable Trust, and Jerome H. Sprague Family Revocable Trust (collectively “Sprague Plaintiffs”) filed two separate documents entitled “Motion to Strike”, and both were rejected by the clerk in light of several deficiencies. (ROA 62 & 64.) It is uncertain whether Sprague Plaintiffs intended their “Motions to Strike” to act as a pseudo‐opposition, which Defendants seemingly allude to in their reply brief. Nevertheless, the Cou...

Excerpt: ...ive motions. Thus, the Court's analysis of the motions is the same for each, so the Court rules on all eight in this ruling. For the reasons discussed below, Plaintiff's motions are GRANTED. As an initial matter, the Court notes that Plaintiff's motions are not accompanied by separate statements as required by CRC 3.1345(a)(5). However, a separate statement is not required when the court "has allowed" the moving party to submit a concise outline ...

Excerpt: ...of the court or orally before the court, for settlement of the case, or part thereof, the court, upon motion, may enter judgment pursuant to the terms of the settlement. If requested by the parties, the court may retain jurisdiction over the parties to enforce the settlement until performance in full of the terms of the settlement." Thus, CCP section 664.6 allows the Court upon motion to enter judgment pursuant to the terms of a settlement where ...

Excerpt: ... cause of action for medical negligence. (Compl. at p. 1.) Plaintiff alleges Dr. Davidson negligently performed a colonoscopy on Plaintiff that resulted in injury and required additional surgical treatment. (Compl., ¶ 7.) On May 31, 2022, counsel for Dr. Davidson sent a letter to Plaintiff's counsel demanding arbitration pursuant to an enclosed arbitration agreement signed by Plaintiff and titled, “Physician (M.D.), Patient Arbitration Agreeme...

Excerpt: ...unt. Facts Plaintiff's complaint for common counts stems from allegations that Defendant Francisco Alvarado Sr. (“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 5386 (the "Account"). (UMF 1.) Defendant agreed to be bound by the terms and conditions set forth in the Cardmember Agreement when Defendant applied for, received or us...

Excerpt: ...ent Claims Analyst, Government Claims Unit re: Jeff Baoliang Zhang is GRANTED. Factual Background Background Plaintiff filed his Complaint on June 25, 2021. The Complaint alleged a litany of incidents that occurred during the course of Plaintiff's time at two state hospitals, dating back as far as 2012. Defendant demurred to the Complaint on the grounds that it failed to state facts sufficient to constitute a cause of action because Plaintiff did...

Excerpt: ...tiff Steave Samuel McClain ("Plaintiff") alleges that on December 16, 2019, Rodriguez collided into Vehicle 2, pushed the vehicle into the rear of De Ayon's vehicle. De Ayon's vehicle pushed forward where its front end collided into rear of Vehicle 4. The impact continued until the front end of Vehicle 5 collided into the rear of Plaintiff's vehicle. Plaintiff filed his complaint on October 15, 2020. Non‐Settling Defendants and De Ayon cross‐...

Excerpt: ...iver Delta Joint Unified School District, Don Beno, and Laura Uslan, and Stephen Bunch (collectively "Defendants") fostered an atmosphere of rulebreaking, bullying, and sexual harassment because they allowed the harassment to continue and retaliated against Plaintiff when the harassment was reported. Plaintiff filed suit on June 12, 2017 against Defendants. The operative fifth amended complaint was filed on December 20, 2020, and asserts two caus...

Excerpt: ...s the incorrect address for Department 54; the correct address is 813 6th Street, Sacramento, California 95814. The notice of motion also does not provide notice of the Court's tentative ruling system, as required by Local Rule 1.06(D). Counsel for moving party is directed to contact counsel for opposing party and advise counsel of Local Rule 1.06 and the Court's tentative ruling procedure. If counsel for moving party is unable to contact counsel...

Excerpt: ...omplaint for common counts stems from allegations that Defendant Felicia Goldwire (“Defendant”) applied to Plaintiff for a personal loan and entered into a written loan agreement with Plaintiff for the account number ending in 9052 (the "Account"). (UMF 1.) Pursuant to the direction of Defendant, Plaintiff distributed the loan and financed the amount to Defendant by check to Defendant's designated bank account or to a thirdparty designee. (UM...

Excerpt: ...tion”). Plaintiff Spears asserted the following causes of action against Defendant: (1) unfair competition in violation of California Business and Professions Code sections 17200, et seq.; (2) failure to pay overtime wages in violation of California Labor Code section 510; (3) failure to provide accurate and itemized wage statements in violation of California Labor Code section 226; and (4) failure to provide wages at termination in violation o...

Excerpt: ...�) on or about 11/22/2014. Plaintiff's complaint purports to assert three causes of action for violation of the Song‐Beverly Consumer Warranty Act (the “Song‐Beverly Act” and two more for fraud (i.e., concealment and misrepresentation). The Complaint alleges express warranties accompanied the sale of the Subject Vehicle which contained or developed “serious defects and nonconformities to warranty” including but not limited to the engi...

Excerpt: ...eers 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, 120‐21 [“[W]hile the existence of any document in a court file may be judicially noticed, the truth of the matters asserted in those documents, including the factual findings of the judge who was sitting as the trier of fact, is not ent...

Excerpt: ...e 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 by Zoom or by telephone. The notice of motion does not comply with Code of Civil Procedure §1010 or CRC Rule 3.1110(a). Moving counsel failed to comply with CRC Rule 3.1110(b)(3)‐(4), while opposing counsel failed to comply with CRC Ru...

Excerpt: ...sponding parties immediately of the tentative ruling system and the manner to request a hearing. Factual Background This action arises out of Plaintiff's prior employment with CDCR as a psychiatrist. (Verified First Amended Complaint [“FAC”] ¶ 6.) Plaintiff's employment began in March 2010 until she was terminated on October 20, 2017. (FAC ¶ 6, 64.) Plaintiff filed the operative FAC on June 21, 2008, alleging 10 causes of action for disabil...

Excerpt: ...Housing Act (“FEHA”) including discrimination, retaliation, failure to accommodate and failure to engage in the interactive process; the ninth being intentional infliction of emotional distress (“IIED”); the next four based on alleged wage‐and‐hour violations; and the last two being unfair competition under Business & Professions Code §17200 et seq. and for civil penalties under the Labor Code's Private Attorneys General Act (“PAGA...

Excerpt: ...ident at Defendant's nursing facility. The complaint is brought by Mr. Ruff's purported heir, stepson, and successor in interest, Robert Benning (“Mr. Benning”). This matter concerns two arbitration agreements that were signed during the time Mr. Ruff resided at Defendant's facility. The first agreement was signed by Mr. Ruff on April 23, 2018. (Declaration of Ryan Canavan (“Canavan Decl.”), Ex. A.) On May 21, 2018, Mr. Ruff and Mr. Benni...

Excerpt: ...Voiselles served their responses by email. The 45‐day for Purplebricks to file the instant motion to compel was extended by 2 court days, pursuant to CCP §§ 1013(g), 1010.6(a)(4)(b), and 2033.290(c), making Purplebricks' deadline to file July 6, 2022. (Declaration of Loan Dao (“Dao Decl.”), ¶¶ 2 ‐4.) Purplebricks seeks an amended code‐ complaint response to form interrogatory response 17.1 from Mark and Lisa Voiselle pursuant to CCP...

Excerpt: ...y Management, Inc.s' (collectively "Defendants") motion to compel compliance with the Court's discovery orders, terminating and monetary sanctions is ruled upon as follows. On September 14, 2021, the Court granted Defendants' unopposed motion to compel plaintiff Charles' attendance at deposition along with documents requests. The Court directed Plaintiff to appear at deposition no later than October 15, 2021 (unless defendants agreed to a later d...

Excerpt: ...ss notice will be mailed out. The tentative ruling from May 25, 2022 is set forth below. ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ After the April 21, 2022 hearing, Judge Cadei explained, in pertinent part: "Counsel argued that [the] statu[t]e required an estimate to be provided if the costs were to be split between the parties. There is also a need f...

Excerpt: ... against Main Street except the breach of contract cause of action. Plaintiff alleged he entered into two promissory notes with Main Street and that Main Street breached its obligation to repay the amounts lent to it and now owes a total of $436,450. The Court granted Plaintiff's motion for summary judgment and entered a formal order and judgment on June 3, 2022. (ROA 42, 43) Judgment was entered against Maint Street in the amount of $436,450. Pl...

Excerpt: ... that the parties entered into a Consulting Agreement in October 2018 pursuant to which Defendant would pay Plaintiff $10,000 per month until such time as third party GrowLife, Inc. completed its purchase of Defendant. Plaintiff alleges Defendant improperly terminated the Consulting Agreement on December 27, 2021. (Comp. ¶¶ 10, 11) Plaintiff alleges Defendant improperly claimed that payment terms would continue in perpetuity which was not conte...

Excerpt: ...cted to notify the clerk and opposing counsel at the time of the request which of the Issues identified in the Notice of Motion and which of the Undisputed Material Facts offered by the Plaintiffs and/or the Additional Material Facts offered by Defendant will be addressed at the hearing and the parties should be prepared to point to specific evidence which is claimed to show the existence or non ‐existence of a triable issue of material fact. *...

Excerpt: ...fied Responses and Responsive Documents to Plaintiff's Request for Production of Documents, Set 3, Nos. 41 & 43 is GRANTED for the reasons stated herein. Background On September 25, 2020, Plaintiff brought this employment action under the Fair Employment and Housing Act against Defendant ‐ her employer ‐ alleging racial discrimination, retaliation, and failure to take corrective action. On January 5, 2022, Plaintiff propounded Plaintiff's Req...

Excerpt: ...ce and Related Documents is DENIED for the reasons stated herein. Background On June 3, 2021, Plaintiff filed this personal injury action arising out of a car accident from 2019 where Defendant Charles Peter Hershey, while working for Defendant O'Reilly Automotive Stores, Inc., rear‐ended Plaintiff's car. (Compl., p. 4.) On March 30, 2022, Plaintiff served its Request for Production of Documents, Set Two, upon Defendants. (Mot., p. 4:2‐3.) It...

Excerpt: ... 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 deposition is granted provided Plaintiff files proof of service showing service on Defendant. In the event proof of service is not filed, the ...

Excerpt: ...”) based on his disability, national origin, religion and gender. The initial complaint was filed on February 20, 2019 and asserted causes of action under FEHA and for retaliation in violation of Labor Code § 1102.5. DFPI demurred to the Labor Code § 1102.5 cause of action and the demurrer was sustained without leave to amend in September 2019. Plaintiff seeks leave to amend his first amended complaint to add facts that occurred since the fir...

Excerpt: ...In her initial answer to the crosscomplaint filed in September 2021, Plaintiff asserted an affirmative defense that she lacked legal capacity to make decisions. In her amended answer filed in March 2022, Plaintiff withdrew that affirmative defense. (ROA 82) The amended answer does allege Ralston committed domestic violence against her. On May 10, 2022, Ralston issued two subpoenas to Plaintiff's medical providers seeking all Plaintiff's medical r...

Excerpt: ...is”) (collectively “Defendants”) motion to strike portions of Plaintiff's second amended complaint (“SAC”) is ruled upon as follows. This is a personal injury action arising from a car accident. Plaintiff alleges that Davis was driving her vehicle in an intoxicated state. As Defendant Davis rapidly approached and began to pass Plaintiff's vehicle, due to her intoxication Davis failed to keep her vehicle in her lane, erratically turning ...

Excerpt: ...ties' respective requests for judicial notice are denied as they were not relevant to the Court's ruling and/or seek judicial notice of matters that are not appropriate for judicial notice. (Soskinsky v. Grant (1992) 6 Cal.App.4th 1548; Kilroy v. State of California (2004) 119 Cal.App.4th 140.) Procedural History This Petition follows two pending Sacramento Superior Court cases: Wong Kuong Hur Wen Sun Association v. Cho Hsi Wong, et al. (Case No....

Excerpt: ...s, set one (Item 9). Each motion is essentially identical and is accompanied by a request for monetary sanctions of $960. Given the significant overlap between the three motions, the Court rules upon each motion and sanctions request in one combined ruling. All three motions to compel are GRANTED. All three requests for sanctions are DENIED. As an initial matter, Defendant has indicated the incorrect address in its notice for each motion. The cor...

Excerpt: ...required by Local Rule 1.06(D) because it states that the tentative rulings post at 3 p.m instead of 2 p.m. Counsel is ordered to accurately notify the client and opposing counsel immediately of the accurate address for this Department, 813 6th Street, and of the Court's tentative ruling system, and to be available at the hearing in the event the client or opposing counsel appears without following the procedures set forth in Local Rule 1.06(B). ...

Excerpt: ... Dignity Health dba Mercy General Hospital and Amer Khalil, M.D., involving allegations of negligence related to the care of Plaintiff at Mercy General Hospital in November of 2017. This is the second iteration of Plaintiff's Motion for Leave to Amend; the previous motion was denied without prejudice on grounds that moving counsel's declaration omitted certain information. The instant motion is accompanied by a new declaration. Plaintiff filed hi...

Excerpt: ...g this case to trial or conditionally settle it within two years or, alternatively, three years, is ruled on as follows. Plaintiffs oppose the motion. Defendants filed a Reply. This personal injury action arises out of a motor vehicle accident. Plaintiffs filed their Complaint as a limited civil case on March 19, 2019. Settlement negotiations occurred between Plaintiffs' counsel and the insurance adjuster, but ultimately no settlement was reached...

Excerpt: ...orm, the motion is a challenge to the allegations in the pleading. The motion is not a true “motion to dismiss” for failure to satisfy the three‐year or five‐year statutes, for example. Instead, the motion is a pleadings challenge that targets various allegations in the pleading and does not rely on extrinsic evidence. A demurrer “tests the pleadings alone and not the evidence or other extrinsic matters.” (SKF Farms v. Superior Court ...

Excerpt: ...583.410. The Court rules as follows. Background In this personal injury matter, Plaintiff alleges he was injured while riding his bicycle when Defendant Lloyd struck him with a car door as she exited her Lyft ride. (Mico Decl. ¶ 2.) Plaintiff filed his Complaint on May 13, 2019 through his attorney at the time. (ROA # 1.) Since approximately August 14, 2019, Plaintiff has been selfrepresented. (ROA # 11.) This motion is Defendant's third motion ...

Excerpt: ...pon defense counsel at 4815 Laguna Park Dr., Suite C, Elk Grove, California 95758. The latest address for defense counsel in the Court's file indicates defense counsel's office is located at 4815 Laguna Park Dr., Suite B‐3, Elk Grove, California 95758. If Plaintiff provides proof at or prior to the hearing that defense counsel presently occupies Suite C where the moving papers were served, the Court rules as follows. If such proof is not provid...

Excerpt: ... tasked with providing emergency roadside assistance to motorists by delivering fuel, jumpstarting batteries, and performing tire changes. (Young Decl. ¶ 2.) Plaintiff filed the operative first amended complaint (“FAC”) against Defendants Allstate Insurance Company, Signature Motor Club of California, Inc., and Allstate Motor Club, Inc. (collectively “Defendants”) on August 13, 2019. (Young Decl. ¶¶ 4‐5; ROA # 38.) The FAC alleges th...

Excerpt: ...osts the same ruling for each item on calendar. Background On August 10, 2018, Plaintiff Jason Hopkins, in case number 34‐2018‐00238633, filed a negligence action against Rideout Defendants alleging that he suffered injuries as a result of their negligence. On August 16, 2018, Plaintiff Jason Hopkins filed an amended complaint to correct a clerical error with respect to his name. On October 21, 2018, Plaintiff Jason Hopkins passed away. (Hopk...