Excerpt: ...gusta Legacy Properties, LLC's (“ALP”) demurrer to the crosscomplaint (“X‐C”) of defendants Epona Investment Group, LLC and Plaza Ave Apartments, LLC (collectively “Epona”) is ruled on as follows. Factual Background This is a subrogation action brought by plaintiff Mercury Insurance Company (“Mercury”) to recoup the expenses it incurred in connection with both the defense and settlement of habitability claims made against its in...

Excerpt: ...de § 2923.6 (dual tracking), 2923.7 (single point of contact), 2924.10 (written acknowledgment of receipt), 2924.17, Business & Professions Code §§ 17200 et seq., and declaratory relief. Among other things, Plaintiff contends that Ocwen Loan Servicing LLC paid off his loan in full in 2013 due to a "global settlement with the government." The Court previously granted Plaintiff's motion to compel Ocwen's compliance with a subpoena for production...

Excerpt: ...n entered by the Clerk and not yet set aside, the Court has lost jurisdiction to address any action by the defaulted defendant other than a motion to vacate entry of default. (See, e.g. W. A. Rose Co. v. Municipal Court for Oakland‐Piedmont Judicial Dist. (1959) 176 Cal. App. 2d 67, 72.) “[T]he entry of the default terminates [the defaulting defendant's] rights to take any further affirmative steps in the litigation until either the default i...

Excerpt: ...ppel, violation of Business & Professions Code 17200, and intentional infliction of emotional distress arising out of a foreclosure of their home. With respect to Defendant, Plaintiffs allege the sixth and seventh causes of action for breach of contract and negligence. Plaintiffs dismissed the eighth cause of action against Defendant for false promise. While the time to move to strike pursuant to CCP § 435(b)(1) has passed, the parties have stip...

Excerpt: ...ion is granted and is ruled upon as follows. Plaintiff's request for judicial notice is granted. Factual and Procedural Background Qui Tam Plaintiff has alleged a cause of action under the California False Claims Act (“CFCA”) based upon allegations that Defendants overbilled Medi‐Cal millions of dollars per month through collecting monthly insurance premiums from Medi‐Cal for patients even though Defendants already received monthly insura...

Excerpt: ...FCA”) and individual employment law claims against Defendants. Defendants move to disqualify counsel on the basis that he is the spouse of Plaintiff/Qui Tam Plaintiff for the following reasons: (1) Mr. King simultaneously represents Plaintiff, who is his spouse, and the interests of the State of California through Plaintiff's CFCA claim against Defendants; (2) the unique nature of qui tam litigation demands the highest ethical standards from re...

Excerpt: ...upon price certain real property located in Sacramento County, along with another cause of action for breach of contract wherein plaintiff alleges monetary damages of at least $50,000. This matter was ordered to arbitration effective 6/2/2016. On 11/17/2016, plaintiff filed a motion to enforce settlement which was ultimately denied on 12/19/2016 without prejudice. On 2/9/2017, plaintiff filed a second motion to enforce settlement which was denied...

Excerpt: ...icial notice is granted. A prior action was filed in May 2015, but dismissed in January 2018, Sacramento Superior Court case no. 34‐2015‐00178934. Plaintiff then filed the instant action on April 10, 2018. The second amended complaint in this action was filed on October 23, 2018. Plaintiff's notice of motion indicates that “Plaintiff bases the second amended complaint (SAC) on the same general set of facts as the first amended complaint (FA...

Excerpt: ...ts. Plaintiffs allege that their counsel substituted in late 2018 and new facts have been acquired regarding the matter requiring the complaint to be amended. The motion is ruled upon as follows. The original complaint was filed in this action on April 10, 2018. A substitution of attorney for Plaintiffs was filed with the Court on November 19, 2018. In the proposed FAC, Plaintiffs seek to: (1) add Terry Kelley as a plaintiff; (2) correct Plaintif...

Excerpt: ...ne of the concrete stairs failed, causing him to fall awkwardly and injure his knee, neck, and lower back. On December 19, 2018, plaintiff Joseph Mercado (“Plaintiff”) noticed the depositions of Nader Afrooz and Daisy Afrooz to take place on January 3, 2019, in Plantation, Florida. (McLaughlin Decl. ¶ 2, Exh. A.) On January 9, 2019, this Court signed an Order granting Plaintiff's ex parte request to take the depositions outside of California...

Excerpt: ... ROA # 58.) The November 7, 2018 dismissal order is the subject of Plaintiff's motion. On January 25, 2019, this Court received a copy of the Third District Court of Appeal's Order granting Plaintiff/Appellant's application for a waiver of the appellate filing fee. (ROA # 65.) “Subject to certain exceptions not relevant here, ‘the perfecting of an appeal stays proceedings in the trial court upon the judgment or order appealed from or upon the...

Excerpt: ...Buchanan), Michael Eyolfson, M.D. (Dr. Eyolfson), Michael Suk, R.N. (Nurse Suk), Vincent Lee, M.D. (Dr. Lee), David Keene, M.D., Kaiser Foundation Health Plan, Inc., The Permanente Medical Group, Inc. and Kaiser Foundation Hospitals (collectively “Defendants”) to the first amended complaint (FAC) is SUSTAINED in part and OVERRULED in part. Defendants' request for judicial notice filed with the moving papers is GRANTED. On its own motion, the ...

Excerpt: ...atters stated therein. The FAC alleges that Plaintiff was hired at UC Davis Medical Center in April 2002 and assigned to work within the Blood Bank section within the laboratory. (FAC at ¶ 7.) Plaintiff alleges that, sometime after he was hired, he was reassigned to work in the Specimen and Reporting Center ("SARC") in a position that was not within his classification. (FAC at ¶ 8.) Plaintiff further alleges that he requested to be tran...

Excerpt: ...e discovery. Defendant is ordered to serve verified further responses to the Special Interrogatories set forth in the separate statement, without objections, on or before February 21, 2019. Plaintiffs' Motion for Issue and Evidentiary Sanctions is denied, without prejudice to seeking them from the trial judge should the discovery not be provided. Plaintiffs seek issue and evidentiary sanctions pursuant to Code of Civil Procedure §§ 2023.030...

Excerpt: ...quest in 2007 on an hourly basis but remained a resident of Florida. Included in her pay were all expenses incurred for travel to and from her home in Florida to California. She contends Cal Worthington asked plaintiff to move back to California and work for him "as long as she wanted." Plaintiff alleges she was the Outside Successor Co‐ Trustee of the Trust and the Secretary and CFO of all companies owned by the Trust. During the years...

Excerpt: ...ovided plaintiff with his correct home address, 5049 Trouville Lane, Sacramento, 95835 but that he was never served at that address. Defendant, who is a male, was purportedly personally served on March 2, 2018 at 1421 Exposition Blvd, #77, Sacramento, CA 95815. The description of plaintiff is :"a black female approx. 25‐35 years of age, 5'8"‐5'10" tall, weighing 180‐200 Ibs, with black hair. The proof of service in suppo...

Excerpt: ...g Memorandum of Points and Authorities, DGS characterizes the current motion as follows: This is DGS's second summary judgment motion brought on grounds of design immunity under Government Code section 830.6. The Court denied the first motion finding DGS did not meet its initial burden of proof by attempting to establish facts through judicial notice. The order did not state the denial was with prejudice. DGS now submits a second motion based...

Excerpt: ...e request for a 60‐day continuance to permit discovery is DENIED. Defendants and opposing parties herein Raymond Sahadeo (Sahadeo) and Dhanraj Sahadeo (Dhanraj) (collectively “Defendants”) speculate that discovery in a different case might yield favorable information about the real property transfers that gave rise to this lawsuit. (See Opp. at 11:15‐12:11.) Given the speculative nature of the request, and given the waste Defendants appea...

Excerpt: ...ale of the Property. Thereafter, after oral argument on the Order to Show Cause re Preliminary Injunction on June 26, 2018, the court denied the Preliminary Injunction and dissolved the TRO. (RJN, Exhs. 11,12.) Of course, “[t]he granting or denying of a preliminary injunction does not constitute an adjudication of the ultimate rights in controversy.” (Cohen v. Board of Supervisors (1985) 40 Cal.3d 277, 286.) A defendant may move for judgment ...

Excerpt: ...sed as a "Certified Pre‐Owned" vehicle from one of Defendant BMW of North America LLC's ("Defendant" or "BMW NA") dealerships. On May 8, 2018, just before trial was scheduled to commence, the parties reached an agreement to settle the action under which Defendant would repurchase the Vehicle and pay an agreed amount for Plaintiffs alleged damages, with Plaintiffs' attorney fees and costs to be determined by agree...

Excerpt: ...tten and that a copy of the agreement is attached to the complaint. The attachment, however, is a 1992 memorandum providing that Chua will receive $30,000 of Ganal's life insurance proceeds should he die. The attachment directs Ganal's wife to pay the $30,000 in life insurance proceeds. It also provides that Chua “has control over all personal properties inside [Ganal's] house.” Ganal asserts that he is alive and, therefore, that a condition ...

Excerpt: ...er provided alternative dates for the depositions. In response to the motion, Defendants state that due to counsel's preparation for the March 12 trial in the case of Lovenstein vs. Eskaton Fountainwood Lodge (Case No. 2012‐ 00135467) also pending in this court, no deposition dates could be provided to plaintiffs. The Court is aware that the Lovenstein case has involved extensive law and motion practice and the taking of numerous deposition...

Excerpt: ...32, 1033.5 and 2033.420 is GRANTED in part and DENIED in part. On its own motion, the court takes judicial notice of 99 Cents' 11/28/18 Moving Memorandum of Points and Authorities in support of its motion for summary judgment. The Clerk of the Court is directed to change the security clearance on the Declaration of James Pagliero filed on 11/28/18 so that it is not available for public viewing. The declaration contains unredacted social security ...

Excerpt: ...ears proper on its face. (Foothill‐ De Anza Community College Dist. v. Emerich (2007) 158 Cal.App.4th 11, 29‐30.) "If so, the burden is on the objecting party to show [the costs] to be unnecessary or unreasonable." (Id. [quoting Nelson v. Anderson (1999) 72 Cal.App.4th 111, 131] [brackets in original].) Where costs are not expressly allowed by the statute, the burden is on the party claiming the costs to show that the charges were rea...

Excerpt: ... Bar of California for almost 35 years. (Compl., 2.) Plaintiff began working at DOC on or about June 27, 2012 as an Attorney III. (Id., 4.) Her duties included working on personnel matters and reviewing DOC contracts with third parties. (Id., 5.) In or around August 2015, DOC entered into a consulting contract with Alexan International, Inc., an information technology contractor specializing in database architecture. (Id., 8.) Alexan recommended ...