Excerpt: ...xtrinsic evidence. This Court is limited to reviewing allegations in the SAXC or subject to judicial notice. Overview The SAXC alleges as follows. Sepanski and Masters entered into a romantic relationship in October 1987, at which time Masters began abusing Sepanski, and the abuse continued throughout the relationship. In 2007, at Masters' urging, Sepanski obtained the proper licenses and financing and opened an automobile dealership called Disco...

Excerpt: ...ch of the objections to evidence will be addressed 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 Costco Wholesale Corporation's (“Costco”) motion for summary adjudication as against plaintiff Dori Kolb is ruled upon as follows. Both moving and opposing counsel failed to comply with CRC Rule 3.1...

Excerpt: ...monetary sanctions, the notice of motion fails to comply with Code of Civil Procedure §2023.040 [requiring notice to “identify every person, party, and attorney against whom the sanction is sought, and specify the type of sanction sought”]. Factual Background This is a putative class action which alleges various wage‐and‐hour violations by the named defendants. On 6/20/2019 plaintiffs hand served a notice for the deposition of “[PMK] a...

Excerpt: ...their workstations in violation of California law. The Court previously granted Defendants' motion to strike Plaintiff's addition of Ms. Belmonte as a plaintiff as it exceeded the scope of the Court's ruling on Defendants' motion for judgment on the pleadings. The Court also granted the motion to strike the prayer for injunctive relief on the basis that such relief is not proper pursuant to PAGA. The Court noted that Plaintiff was free to bring a...

Excerpt: ... to compel and ordering Plaintiffs to serve verified responses, without objections, to form and special interrogatories and requests for production. Contrary to Defendant's representation, sanctions were not granted in connection with the motion to compel responses, and in fact were expressly denied because the motion was unopposed. (ROA 52.) Rather, mandatory sanctions of $462 were granted in connection with the concurrent motion for an order de...

Excerpt: ...o Pulte without providing notice and obtaining Plaintiff's consent. Plaintiff alleges the transfer caused him damage because Pulte did not pay for the benefit of the Conservation Rights that were transferred. Recently, the City returned those Conservation Rights to its chart for sale to other developers and Plaintiff is seeking all documents relating to any such transfers. In a previous motion, Plaintiff did not contest the City's responses and o...

Excerpt: ... against Defendants for negligence, NIED, IIED, breach of contract and also seek punitive damages in connection with funeral services provided by Defendants. Defendants move to strike allegations related to punitive damages, attorney's fees and references to Business and Professions Code § 7673.1. While Defendants assert that the opposition was improperly served by regular mail, the court has considered it as Defendants were able to file a compl...

Excerpt: ... brings this action against Defendant, alleging two causes of action for (1) negligence and (2) intentional tort. As to the negligence cause of action, Plaintiff's Complaint alleges that on June 6, 2018, Plaintiff saw Defendant for a routine checkup at Folsom State Prison. At that time, Plaintiff asked Defendant to take him off his medication, and Defendant stated that it would take six months to wean him off. Plaintiff alleges that he then asked...

Excerpt: ...fendant S360 Holdings, LLC entered into a written agreement entitled “Promissory Note” in the amount of $500,000 pertaining to the financing of real property. The Promissory Note was secured by a Deed of Trust on the property. As part of the transaction, Chisick and co‐defendant Raymond Sahadeo (“Sahadeo”) executed a Personal Guaranty. Ultimately, the property was sold and Williams is barred from proceeding against the property to colle...

Excerpt: ... arises out of plaintiff's prior employment with Anthem as a Claims Examiner II at its Rancho Cordova, California location . The complaint alleges a variety of statutory causes of action including FEHA discrimination, retaliation and failure to engage in the interactive process, as well as common law claims for wrongful termination and declaratory relief. Plaintiff began her employment in 2012 when the company was named WellPoint Inc. In 2014, We...

Excerpt: ...damages and other equitable relief. Plaintiffs allege that Defendants are co‐owners/operators of a commercial property located at 3501 33rd Ave, Sacramento, California 95824 (“Property”). Plaintiffs allege that commencing 1/8/2016, the Property has been used and was continually being used, for the purposes of unlawfully selling, serving, storing, keeping, manufacturing, using, or giving away controlled substances, precursors, and/or analogs...

Excerpt: ...ly 15, 2019. The 998 offer provided that the amount of restitution would be determined by the Court if the parties could not agree and stated that Defendant would pay Plaintiff's fees and costs pursuant to Civil Code section 1794(d) in an amount to be determined by the Court if the parties could not agree. The parties resolved the restitution amount but did not resolve the amount of fees and costs, necessitating the instant motion. Plaintiff seek...

Excerpt: ...hortening time for a motion for preliminary injunction. Plaintiffs contend defendant Ramirez is interfering with Snoke, Seefeldt & Ramirez Insurance Services Inc. ("SSR") contractual relationships and misappropriating its trade secrets obtained while defendant was a Director and Officer of SSR. Plaintiff states that several unidentified customers have left SSR and gone to defendant's business. (Declaration of Donald Wayne Seefeldt) Plaintiffs see...

Excerpt: ...otice is granted. This is a wrongful death action. Plaintiffs are the heirs of decedent Shelly Lynn Rau (“Decedent”). Plaintiffs allege that 5/22/2019 co‐defendant Dean Barbera (“Barbera”) consumed substantial amounts of alcohol to the point of intoxication and impairment to operate a motor vehicle. Barbera was driving a vehicle when he ran into Decedent while she was crossing a cross‐walk. Barbera fled the scene and was eventually ar...

Excerpt: ...nt for over five years preceding the complaint. Specifically, a sewer drain exists and garbage bins have been placed on the easement. The Hongs filed their answer on 9/12/2019, they now seek leave file a cross‐complaint for ejectment, trespass, public/private nuisance, and declaratory relief. The Hongs insist that the cross‐complaint is compulsory. A cross‐complaint is compulsory when the claims are "logically related" to those asserted in ...

Excerpt: ...pled and cannot establish, by a preponderance of the evidence, the probable validity of any real property claim based on the allegations contained in her complaint. In the alternative, Defendant asks that the maintenance of the lis pendens be conditioned upon the posting of a bond in the amount of at least $50,000. Defendant also requests an award of attorney's fees and costs in the amount of $2,767.50. The motion is ruled upon as follows. Defend...

Excerpt: ...erican Insurance vs. Industrial Electronic Systems Nature of Proceeding: Filed By: Motion for Summary Judgment and/or Adjudication Stiner, Wesley R. Crown Building Maintenance Co. dba Able Building Maintenance Co. (“Able”) moves for summary judgment or, in the alternative, summary adjudication in favor of Able against Defendant/Cross‐Complainant Industrial Electronics Systems, Inc.'s (“IES”) cross‐ complaint. The motion is ruled upon ...

Excerpt: ...h copy) was not signed therefore the Court is not considering it. In this action, Plaintiff alleges that after she informed JPGM (Sport Clips) of her pregnancy, JPGM harassed her, discriminated against her, retaliated against her, wrongfully terminated her, and failed to provide reasonable accommodations. Plaintiff served requests seeking documents directly related to her employment. Defendant served initial responses, raising only boiler plate o...

Excerpt: ...nt on others for mobility. Decedent developed pressure ulcers and attempted to cover up the existence and cause of the pressure ulcers. Decedent passed away on 1/21/2018. The Court notes that Defendant Sutter Valley Hospitals has agreed to serve supplemental responses and produce documents for most of the request for production of documents. In reply, Plaintiff indicates that he has not yet received the supplemental responses. The motion is GRANT...

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 § 664.6 allows the Court upon motion to enter judgment pursuant to the terms of a settlement where the...

Excerpt: ...gument on the continuance date. Self‐represented Plaintiff Jeffrey Caylor's motion to compel Defendant Keri Hamilton's further discovery responses is ruled upon as follows. Plaintiff alleges causes of action against Defendant for premises liability and negligence in connection with an altercation that allegedly occurred at Defendant's place of business. Both Plaintiff and Defendant are incarcerated as a result of convictions stemming from the m...

Excerpt: ... counsel is directed to contact Respondent's counsel forthwith and advise counsel of Local Rule 1.06 and the Court's tentative ruling procedure. If Petitioner's counsel is unable to contact Respondent's counsel prior to the hearing, Petitioner's counsel shall be available at the hearing, in person or by telephone, in the event Respondent's counsel appears without following the procedures set forth in Local Rule 1.06(B). This matter arises out of ...

Excerpt: ...ed. (RJN Exh. 1 at 018) Petitioner's petition for relief from Government Code § 945.4 is moot as the late claim was permitted and Petitioner is now free to file a lawsuit pursuant to the applicable time lines in the Government Code. In reply, Petitioner contends that the petition is not moot because the DGS had no authority to consider and deny the late claim because it did so after the 45‐day period in Government Code § 911.6(c). Petitioner ...

Excerpt: ...tion, failure to accommodate and other against Defendant in connection with his termination. Plaintiff alleges that as a result of Defendant's conduct he suffered emotional distress “including, but not limited to, stress, anxiety low self‐esteem, depression, aggravation, embarrassment, mental anguish, nightmares, and anger.” (E.g. Comp. ¶¶ 69, 89.) Defendant issued five subpoenas to different Kaiser facilities which Plaintiff has visited ...

Excerpt: ...unable to contact Plaintiff's prior to the hearing, defense counsel shall be available at the hearing, in person or by telephone, in the event Plaintiff's counsel appears without following the procedures set forth in Local Rule 1.06(B). Defendant's demurrer to the seventh (intentional or negligent misrepresentation) and eighth (fraud‐concealment) causes of action alleged in the First Amended Complaint is UNOPPOSED and SUSTAINED for the reasons ...