Excerpt: ...ffered personal injuries in the March 21, 2013, automobile accident with Defendants. Specifically, and as relevant here, Plaintiff claims to have suffered a “traumatic brain injury” (or “TBI”) in the accident that caused a variety of impairments to her functioning, including trouble processing information, forgetfulness, an inability to focus, and frequent overstimulation. (Woodward Decl. Exh. 2.) Defendants served a Demand for a Physical...

Excerpt: ...rported doe amendments were filed on May 19 and 21, 2015, to amend Defendant “Stephanie Carter” to “Stephanie J. Carter.” (ROAs 62, 63.) Default was entered against Stephanie J. Carter on September 25, 2015. (ROA 73.) Default was entered against Darnell Haskins on October 5, 2015. (ROA 78.) Default judgment was entered against Defendants on April 19, 2017. (ROA 109.) The defaults and default judgment were set aside on May 16, 2018. (ROA 1...

Excerpt: ...r BCI, causing Plaintiff to fall and severely fracture her leg. Plaintiff contends that Mr. Lara was rushing and behind schedule. Mr. Lara denied this at his deposition. To assess the truthfulness of Mr. Lara's denial, Plaintiff requested documents from BCI about Mr. Lara's activity including time spent at each store on his route in the two weeks before the collision to evaluate whether Mr. Lara was ahead of schedule, on schedule, or behind sched...

Excerpt: ...es and costs to Defendants as part of the confidential settlement agreement would not result in taxable income to her, and advised her that she need not report such income on her tax return. Plaintiff contends the Internal Revenue Service (“IRS”) then served her with a notice of deficiency claiming an increase in her income tax and assessing a penalty for failing to report the monies as income. (Brown Decl. ¶¶ 3‐4.) Plaintiff declares she...

Excerpt: ...rchase Agreement (“PA”) wherein he agreed to purchase a condominium from Defendant for the price of $162,900.The PA included a provision for a seller's credit of $12,000, which would be paid to Plaintiff at the close of escrow, effectively reducing the purchase price to $150,900. During Plaintiff's VA loan application process, time for close of escrow passed without funding. Plaintiff then filed a lawsuit in February 2015 for specific perform...

Excerpt: ...tice is granted, except as to Items G and H (Exhibits 2 and 3). Factual and Procedural Background In this qui tam action, Qui Tam Plaintiff Lindsay King has alleged a claim under the California False Claims Act ("CFCA") based upon allegations that Defendants were over billing Medi‐Cal by millions of dollars per month. Specifically, Qui Tam Plaintiff alleges Defendants were collecting monthly insurance premiums from Medi‐Cal for patients as to...

Excerpt: ...unction of a demurrer is to test the sufficiency of the pleading it challenges by raising questions of law. (Salimi v. State Comp. Ins. Fund (1997) 54 Cal.App.4th 216, 219; Nordlinger v. Lynch (1990) 225 Cal.App.3d 1259, 1271.) A demurrer “tests the pleadings alone and not the evidence or other extrinsic matters.” (SKF Farms v. Superior Court (1984) 153 Cal.App.3d 902, 905.) Extrinsic evidence may not properly be considered on demurrer or on ...

Excerpt: ...anuary 27, 2020. On November 8, 2019, Defendants served their vehicle inspection notice for December 10, 2019, to take place at Elk Grove Dodge. (Universal Decl.. Exh. A.) On November 12, 2019, Plaintiff's counsel emailed defense counsel and stated December 10 was not a good date but proposed December 11. (Universal Decl., Exh. B.) Plaintiff's counsel did not raise any other objections or conditions to the inspection notice at that time. (See id....

Excerpt: ...eived from LPL Financial is GRANTED in part and DENIED in part as follows. Judgment Creditor has a Judgment against the Judgment Debtor, which was originally entered on January 31, 2017. (ROA 167.) An amended judgment was entered on July 24, 2017, for the sum of $185,507.58. (ROA 203.) The judgment remains fully unpaid. (Lydel Decl.) At her debtor's examination on February 15, 2019, Judgment Debtor identified that she is a financial advisor with ...

Excerpt: ...before November 15, 2019. The litigation coordinator shall provide the tentative ruling to plaintiff Silus Mardel Valson. Appearance is required on December 4, 2019. Plaintiff shall be available, by COURTCALL, to participate in oral argument on the continuance date. Defendant California Department of Corrects and Rehabilitation's (“CDCR”) demurrer to self‐represented plaintiff Silus Mardel Valson's (“Plaintiff”) First Amended Complaint ...

Excerpt: ...g. The litigation coordinator shall provide the tentative ruling to Plaintiff within 48 hours of receiving it. Typically, the hearing date would automatically be continued one week plus one court day for oral argument. However, the Court Holidays, the hearing date shall be continued to December 4, 2019. The continuance date will be an appearance required hearing so that Plaintiff need not request oral argument. The Litigation Coordinator shall ma...

Excerpt: ...on of Labor Code §226 [requirements for itemized wage statements]. On 6/17/2019 DTE filed a petition to compel arbitration which Code of Civil Procedure §1281.7 permits to “be filed in lieu of filing an answer to a complaint.” Rather than challenging the enforceability and/or applicability of the subject arbitration clause on which TDE's petition to compel arbitration was based, plaintiff chose to file the 1AC on 6/25/2019. As explained in ...

Excerpt: ...h of the demurrers raises one or both of the two grounds that have been raised by defendants as a whole. Defendants' demurrers make one or both of the following arguments, that plaintiffs fail to sufficiently plead a cause of action for fraudulent concealment, and that plaintiffs have failed to sufficiently allege delayed discovery to overcome the statute of limitations as to all causes of action. Plaintiff Steven Villanueva was diagnosed with Ch...

Excerpt: ...e ruling to the litigation coordinator on or before the date of the scheduled hearing. The litigation coordinator shall provide the tentative ruling to Plaintiff within 48 hours of receiving it. The hearing date shall automatically be continued one week plus one court day for oral argument. The continuance date will always be an appearance required hearing so that Plaintiff need not request oral argument. The Litigation Coordinator shall make Pla...

Excerpt: ...eve George and Real Estates Portfolio Management, LLC but there is no proof of service on the remaining parties. Moving parties settled with defendants/cross‐complainants Steve George and Real Estates Portfolio Management, LLC. Moving parties will pay $50,000 in settlement of the claims. The parties settled following a mandatory [judicially supervised] settlement conference. The trial date is currently December 10, 2019. Settling defendants/ cr...

Excerpt: ...atements, and violated Business & Professions Code section 17200. Plaintiff seeks waiting time penalties and civil penalties under PAGA. The parties reached the settlement after a full day of mediation. Under the Settlement, in exchange for the releases provided in the Settlement Agreement and set forth in the Notice of Class Settlement, Defendant will pay $400,000 to establish a non‐reversionary Settlement Fund to pay for claims of the Class M...

Excerpt: ...row, LLC dba Jungle Dirt (“Kong Grow”), Lopez Ag Service, Inc., Alfred Lopez, and Does 1‐50. Plaintiff alleges causes of action for (1) breach of contract, (2) breach of the covenant of good faith and fair dealing, (3) negligence, (4) products liability ‐ design defect, (5) strict products liability ‐ manufacturing defect, (6) negligent products liability, (7) negligent misrepresentation, and (8) fraud. The Court notes that Defendants M...

Excerpt: ...nses were due by July 15, 2019. Plaintiff did not provide the Court ordered responses and Defendant moved for terminating sanctions. On September 12, 2019, the Court denied Defendant's motion for terminating sanctions, but imposed monetary sanctions against Plaintiff and again ordered Plaintiff to provide the Court ordered discovery responses no later than September 23, 2019. Plaintiff has not provided the discovery responses, and Defendant now m...

Excerpt: ...nds Ms. Jacobsen is absolutely unavailable until January 2020 for a deposition and Plaintiff is not available until after her law school midterms on December 10, 2019. (Harrison Decl. ¶ 7.) Trial in this action is currently scheduled for December 16, 2019. On December 2, 2019, Plaintiff filed an ex parte application to shorten time to hear a motion to continue trial and related deadlines. The application was set for 12/3/2019 in Department 47. A...

Excerpt: ... the trial scheduled in Department 47. Defendant disclosed the experts on October 21, 2019. (Luckey Decl. ¶ 4, Exh. 1.) On October 24, 2019, Plaintiff served deposition notices for both experts with a deposition date of November 12, 2019. (Luckey Decl. ¶ 5, Exh. 2.) Defendant served objections to the deposition notices on November 7, 2019. Defendant objected on the grounds the depositions were unilaterally set and Defendant's counsel was unavai...

Excerpt: ...ranted in part and denied in part as set forth below. Plaintiff's concurrent motion for monetary sanctions in the amount of $2,310 pursuant to Civil Procedure Code sections 2023.010(d)‐(e), (i), 2023.020, 2023.030(a), 2030.300(d), and 2031.310(h), is denied. Church's request for sanctions is also denied. Plaintiff Gilbert Barrow filed a complaint against defendants Chinese Methodist Church and Sally Wong alleging causes of action related to an ...

Excerpt: ...es, Robert Coupe, and Mark Beadleston, is not opposed and is granted as set forth below. Ghilotti's motion for monetary sanctions pursuant to Sections 2023.010, subds. (d) and (h) and 2033.280, subd. (c) against counsel for the crossdefendants in the sum of $1,185.00 for the failure to timely respond to the Requests for Admission is granted. On June 12, 2019, Ghilotti Bros., Inc. served separate requests for admissions upon Cross‐ Defendants Li...

Excerpt: ... does not take judicial notice of the truth of statements made in the bankruptcy court documents. Since the various motions to strike are for the most part the same, the Court is issuing one ruling for all of the motions to strike. However, the last item addressed in the motion present only in Rust‐Oleum's motion. Plaintiff Steven Villanueva was diagnosed with Chronic Myelogenic Leukemia in 2000. He alleges that the defendants' products caused ...

Excerpt: ...le Living Trust and any other party claiming an interest in the property were ordered to appear on November 26, 2019, at 2:00 p.m. in Department 53 of this Court, located at 813 6th Street, Sacramento, California 95814, to show cause why the Court should not order the execution sale of all judgment debtors legal and equitable interest in the property. On November 26, 2019, this hearing was continued on the Court's own motion to today's date, Dece...

Excerpt: ...ccording to defendants, plaintiffs owed over $600,000 on their mortgage as of 2015 and have filed roughly 10 bankruptcy proceedings since 2010 in an attempt to stall the foreclosure process. Plaintiffs' first civil action was filed in 2016 and ended with a settlement in August 2017, wherein plaintiffs agreed they would not again file suit relating to their deed of trust or challenge foreclosure proceedings. The present action was commenced by Mr....