Excerpt: ... offender status of the boyfriend and failed to crossreport to law enforcement that the boyfriend was a registered sex offender. In the Second Amended Complaint (ROA 96) , the plaintiffs allege they were sexually abused in 2011 following Defendant County's failure to comply with an alleged mandatory duty to cross‐ report to law enforcement information that the children were living in a home with an individual required to register pursuant to Pe...

Excerpt: ... was fused from T2 to L2. Plaintiff, who was 15 years old at the time, alleges that Dr. Rubin told plaintiff that the hardware used in the surgery was made of titanium which was unbreakable and would last "forever". (FAC 8) Plaintiff alleges a 1st cause of action against Dupuy for Negligent design, manufacture, and negligent failure to warn, and a 2nd cause of action for Strict Liability (defective design, defective manufacturing, failure to warn...

Excerpt: ... Howe Avenue, Sacramento, CA. Her job duties included stocking inventory, assisting customers, and supporting other staff. Plaintiffs contend defendants intentionally directed Deborah Holstein to use a ladder that they knew would cause her death. Plaintiffs allege that employees for months had warned Defendants of numerous incidents involving the ladder causing injury and/or near death. Defendants were aware of significant injuries and deaths in ...

Excerpt: ...Singh Uppal (“Mr. Uppal”). (Allen Decl. ¶¶ 1, 2.) Plaintiff has alleged injuries due to the collision. (Ibid.) On February 22, 2019, Plaintiff retained David Allen & Associates to assist with her personal injury claim. (Allen Decl. ¶ 3.) Due to a calendaring error, Plaintiff missed the deadline to file a government claim by one month. After Plaintiff's counsel learned of the error, he immediately prepared an Application for Leave to Presen...

Excerpt: ...n behalf of all current and former hourly‐paid or non‐exempt employees who worked for Defendant from December 27, 2017, to final judgment. On February 14, 2019, Plaintiff served requests for admissions, set one, on Defendant. (Grigoryan Decl. ¶ 1, Exh. 1.) On May 10, 2019, Defendant served objections only. (Grigoryan Decl. ¶ 2, Exh. 2.) The parties then began meet and confer efforts and Defendant provided amended responses on June 19, 2019....

Excerpt: ...laratory relief, adverse possession, prescriptive easement, conversion, trespass, nuisance, injunctive relief, and invasion of privacy. (ROA 1.) Defendant propounded form interrogatories, set one, on Plaintiff on July 3, 2019. (Marlink Decl. ¶ 3.) Plaintiff served responses on September 17, 2019, after obtaining extensions to respond. (Marlink Decl. ¶ 4.) After meeting and conferring regarding purported deficiencies, Plaintiff served further re...

Excerpt: ...2018, the Court entered judgment for Plaintiff (the “Judgment”). On May 29, 2019, the Judgment was assigned to Sommers. Sommers asserts that Allurent is a suspended corporation and therefore cannot defend itself. Sommers further asserts that Will Claren (“Claren”) is listed as the CEO, secretary, and CFO on the Secretary of State's statement of information. As a result, Sommers argues that Claren is the alter ego of Alurent, because (1) t...

Excerpt: ...ccount stated, open book account, and breach of contract. Plaintiff alleges the following facts in the separate statement regarding Plaintiff's claims for account stated and open book account. In response to the Defendant's request, Plaintiff extended to the Defendant a line of credit and issued Defendant a credit card. Said card was mailed with a card holder agreement lo the address Defendant provided in the Credit Card Application and Agreement...

Excerpt: ...act and (2) common counts. Plaintiff's Separate Statement sets forth the following facts: On February 13, 2006, in response to Defendant's request, Plaintiff issues a credit card and line of credit to Defendant. (CC (“common counts”) UMF 1.) The card was mailed to Defendant with a card holder agreement provided in the Credit Card Application and Agreement. (Id.) By accepting and using the credit card, pursuant to the terms of the Consumer Cre...

Excerpt: .... Dr. Khattab and Big Horn entered into a construction agreement with Sheba Development, LLC (referred to herein as “Sheba”) and Sheba Construction, Inc. for the construction of a medical office building. Cal West performed work in connection with the construction as a subcontractor. (ACC ¶¶ 3, 13.) Sheba filed the ACC against Cal West on September 9, 2019, to recover a purported $13,065.16 overpayment Sheba (allegedly acting as Constructio...

Excerpt: ...* If oral argument is requested in an attempt to obtain leave to amend, plaintiff shall be prepared to specifically discuss the new or different facts which may now be alleged in good faith to overcome the deficiencies noted below. *** Defendants Ocwen Loan Servicing, LLC (“Ocwen”), Deutsche Bank National Trust Company as Trustee for Long Beach Mortgage Loan Trust 2004‐3, Asset‐Backed Certificates, Series 2004‐ 3 (“Deutsche as Trustee...

Excerpt: ...nez (collectively, “Plaintiffs”) allege suffered from engine and transmission issues. Plaintiffs' motion to compel further responses to requests production of documents from Defendants was granted by this Court on July 15, 2019, with further responses due no later than August 15, 2019, subject to a protective order upon which the parties were to meet and confer. (ROA 28.) The parties have met and conferred regarding the protective order, but ...

Excerpt: ... of Default ("NOD") was recorded. A balance of $117,579.25 is owed on the loan. Plaintiff alleges that earlier in 2017 moving party interfered with her efforts to get relief from the "Keep Your Home California" ("KYHC") principal forgiveness program with regard to her property located at 9980 Wyland Drive in Elk Grove, California. Plaintiff contends she would have received $100,000 in KYHC principal forgiveness debt relief had SPS not provided fa...

Excerpt: ...ount of $1,860. Plaintiffs' motion is ruled upon as follows. The notice of motion 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 forthwith 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 for opposing party prior to the hearing, coun...

Excerpt: ...her of Local Rule 1.06 and the Court's tentative ruling procedure and the manner to request a hearing, along with the correct address for Dept. 53/54. If moving counsel is unable to contact opposing counsel prior to hearing, moving counsel is ordered to appear at the hearing in person or by telephone. Both moving and opposing counsel failed to comply with CRC Rule 3.1110(b)(3)‐(4). Overview Plaintiff Martin Straznicky, M.D. was a member of defe...

Excerpt: ...g Agreement related to purchasing and operating the Lincoln Gateway Retail Center in Lincoln. Plaintiffs allege, among other things, that Defendants failed to distribute income and defrauded them. At issue on this motion are Plaintiffs' responses to certain special interrogatories, requests for production and form interrogatories. Special Interrogatories Nos. 48 and 102 Granted. These interrogatories asked Plaintiffs to identify the “other agre...

Excerpt: ...day's calendar as a result of the Court's November 7, 2019 ex parte order in response to Defendant's ex parte application for an order allowing him to depose Plaintiff. On its own motion the Court issued an OST. The order indicated that Defendant should file and serve his moving papers by November 12, 2019. Defendant did not file anything by November 12, 2019. Plaintiff's opposition filed on November 15, 2019 pointed out this deficiency, but addr...

Excerpt: ...ngful termination in violation of public policy and retaliation. Plaintiff also seeks punitive damages. Plaintiff alleges that he suffered from disabilities (major depression, anxiety and attention deficit disorder) which caused him to struggle with job performances issues and that rather than provide accommodations, Defendant terminated him. Any party may move for summary judgment in any action or proceeding if the party contends that (1) the ac...

Excerpt: ...s trustee, successor in interest to Wachovia Bank, National Association, as trustee for Wells Fargo Asset Securities Corporation, Mortgage Pass‐Through Certificates, Series 2004‐N ("U.S. Bank") (collectively, "Defendants") is denied. The Court must first identify the issues raised by the pleadings, since it is these allegations to which the motion must respond; secondly, the Court must determine whether the moving party's showing has establis...

Excerpt: ..., he entered into a lease with his tenant, Na Zhu, which was set to expire on January 31, 2019. On December 11, 2018, Plaintiff went out of the country to visit his son. He returned on January 15, 2019. Upon his return, Plaintiff was unable to reach his tenant. On January 18, 2019, he drove to the property and discovered a notice on the door from the Sacramento Police Department. The notice was dated 12/12/2018. It was an administrative penalty f...

Excerpt: ...'s motion for judgment on the pleadings is ruled upon as follows. Plaintiff's request for judicial notice is granted. In taking judicial notice of the recorded land documents, the court accepts the fact of their existence, not the truth of their contents. (Herrera v. Deutsche Bank Nat'l Trust Co. (2011) 196 Cal.App.4th 1366, 1375; Kalnoki v. First American Trustee Servicing Solutions LLC (2017) 8 Cal.App.5th 23, 36‐37 [trial court properly took...

Excerpt: ...f Rancho Cordova's May 24, 2016 Notice and Order and Complaint for Public Nuisance Plaintiff City of Rancho Cordova for the People of California (“City”) filed its Complaint for Public Nuisance, Declaratory, and Injunctive Relief on January 17, 2017, against Defendants Margaret McGuire and Jack McGuire (deceased) concerning real property located at 2530 Queenwood Drive, Rancho Cordova, California (the “Property”). The City alleges in the ...

Excerpt: ...ded that Defendant would pay Plaintiff $27,000 and that Defendant would pay Plaintiff's fees and costs in the amount of $10,000 or if that amount was refused then in an amount to be determined by the Court pursuant to a noticed motion. (ROA 23) Plaintiff seeks $33,253 in fees representing 66 hours and 32 minutes of attorney times at $500 per hour and $495 in costs. Civil Code § 1794(d) provides that a prevailing buyer is entitled to recover "cos...

Excerpt: ...s a result of HVAC system in her apartment unit that caused a water leak which led to water intrusion (the "Complaint"). Plaintiff alleges that this water intrusion allowed mold to develop in her unit which made her sick. (Complaint, p. 4). Plaintiff named FPI Management, Inc. as a defendant, but did not make any allegations regarding her relationship with Defendant. On March 18, 2019, the Court issued a minute order sustaining the demurrer for f...

Excerpt: ...as continued to this date from October 8, 2019 and then from November 13, 2019 to this date. On October 10, 2019, after the briefing on the motion to strike was complete, Apple, Inc. filed a Notice of New Authority in support of the motion to strike. No response to that document has been filed. This is a wage and hour action brought under California's Private Attorneys General Act ("PAGA"). Plaintiff Karim Abdur Rahim ("Plaintiff) alleges that Ap...