Excerpt: ... as a result of alleged wrongful conduct surrounding the August 28, 2017, death of Plaintiff's husband. Plaintiff's husband allegedly received a morphine drip of 250 milligrams over less than 90 minutes, despite an order from his physical for a morphine drip at 1 milligram per hour. On October 12, 2018, Plaintiff filed a medical malpractice action against Robert McCrary, ACNP, Sutter Medical Center Sacramento (“Sutter”), Pulmonary Medicine As...

Excerpt: ...o item 1 (the Declaration of Erika Brown) and granted as to item 2 (the register of actions on the Court's docket for this matter). Defendant's supplemental request for judicial notice submitted in support of its reply is also denied (the Supplemental Declaration of Erika Brown). Plaintiff Lopez filed the original complaint on July 12, 2019, alleging a single cause of action for violation of PAGA. (ROA 1.) Plaintiffs filed the FAC on August 26, 2...

Excerpt: ..., Male, 69+ yrs old, 5'10" tall, 220 lbs., GREY hair." Default was entered on 12/16/2016. Default judgment was entered on 6/8/2017. Defendant moves to set aside pursuant to CCP 473.5. The motion is untimely. CCP 473.5 provides that "[t]he notice of motion shall be served and filed within a reasonable time, but in no event exceeding the earlier of: (i) two years after entry of a default judgment against him or her; or (ii) 180 days after service o...

Excerpt: ..., he was never served with the summons and complaint and did not receive notice of the action until his bank account was levied upon on July 26, 2019. The motion is untimely to the extent it was made pursuant to CCP § 473(d). “Where a party moves under section 473(d) to set aside ‘a judgment that, though valid on its face, is void for lack of proper service, the courts have adopted by analogy the statutory period for relief from a default ju...

Excerpt: ...23, 2019. Initially Plaintiff only submitted an opposition with respect to the Regents and Dr. Canter but her amended opposition opposes the entirety of the motion. The Court is only considering the opposition papers that were submitted on September 23, 2019 pursuant to the ex parte order. In this medical malpractice action Plaintiff Zenaida Gutierrez alleges that Defendants were negligent in connection with care and treatment regarding a mastect...

Excerpt: ... Statement. (CRC Rule 3.1345.) This action arises from a pedestrian versus vehicle collision that occurred on January 21, 2018. Defendant, driving for Defendant Uber Technologies, Inc., stopped at a gas station. Plaintiffs allege that as they exited the vehicle, Defendant began driving, struck Plaintiffs, and fled the scene. Plaintiffs allege injuries as a result of the accident. In June 2019, Defendant issued 30 subpoenas for Plaintiffs' medical...

Excerpt: ...er Cross‐Defendant Curtis Smith's (“Smith”) demurrer to Cross‐Complainants Michael Egan (“Egan”) and Silver Lining Properties, LLC's (“SLP”) (collectively CrossComplainants”) first amended cross‐complaint (“FAXC”) is ruled upon as follow. The Court notes that while Smith's meet and confer effort remain deficient, the Court will rule on the merits of the demurrer. The Court did not consider Smith's declaration filed in supp...

Excerpt: ...Wheeler. Appearance is required on October 9, 2019. Plaintiff Reginald Wheeler shall be available, by COURTCALL, to participate in oral argument on the continuance date. Defendant Jennifer Shaffer's demurrer to self‐represented Plaintiff Reginald Wheeler's complaint is sustained with leave to amend. Plaintiff is incarcerated and currently serving an indeterminate prison sentence for kidnapping, robbery and ransom. The basis of his lawsuit is hi...

Excerpt: ...ges regarding attorney's fees given Defendant's counsel's assertion for the first time at the hearing that the underlying fee agreement allowed for recovery of attorney's fees in this action to any party prevailing in any dispute arising out of or in relation to the subject fee agreement. (Sullivan Supp. Decl. 3.) In the original tentative ruling the Court ordered Plaintiff to post an undertaking of $25,000. Defendant's counse...

Excerpt: ...ED and SUSTAINED with leave to amend. Plaintiff is a CDCR prisoner incarcerated at the California Men's Colony. (Complaint ¶ 1.) Plaintiff filed a form complaint on July 1, 2019. (ROA 1.) Plaintiff alleges CDCR stole his idea, titled “Recreational Experiment Created for Effective Social Success” (RECESS), and renamed it Non‐ Designated Program Facility Yards. (Complaint, attachment one.) Plaintiff seeks monetary compensation for CDCR's all...

Excerpt: ...iff to Arbitration. On June 18, 2019, the Court ruled as follows: Given the conflicting arguments, including factual disputes, regarding the existence and enforceability of the arbitration agreement, this matter is referred to the Presiding Judge in Department 47 for a short cause trial. (See Hotels Nevada v. L.A. Pacific Ctr., Inc. (2006) 144 Cal.App.4th 754.) The short cause trial is only for the limited purpose to determine whether an arbitrat...

Excerpt: ...red since a demurrer is necessarily limited to the face of the pleadings and may not involve extrinsic evidence. 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.) The only issue involved in a demurrer hearing is whether the complaint, as it stands, unconnected with extraneous matters, states a cause of action." (McKenney v. Purepac Pharm. C...

Excerpt: ...This action arises from Plaintiff's constructive eviction from her mobile home and an underlying unlawful detainer action brought by Mr. Held on April 4, 2016, entitled, The Richard L. Held Family Trust et al. v. Betty Campbell, et al., Sacramento County Court Case Number 16‐UD‐02036 (the “UD Action”). Trial in the UD Action was held on May 16, 2016, before Judge Lloyd Connelly. On May 17, 2016, the Court entered a final judgment in favor...

Excerpt: ...s. This action arises from a delinquent credit account. Defendant incurred charges on a credit account with Plaintiff in the sum of $1,905.33, plus costs and minus payments made by Defendant. On June 5, 2019, the Court granted Plaintiff's unopposed motion to deem matters admitted. Plaintiff now moves for judgment on the pleadings based on these admissions. Specifically, that defendant admits she opened a credit account, incurred a balance of $1,9...

Excerpt: ... 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. *** Defendants Roseville Lodge No. 1293, Loyal Order of Moose, Inc. and John Dickinson's (“Dickinson”) (collectively “Defendants”) motion for summary judgment, or in the alternative, summary adjudication is ruled upon as follows. Overview This is a persona...

Excerpt: ...cast, Plaintiff's telephone carrier, for his phone records for the months of August 2013‐December 2013. (Steuer Decl. ¶ 3, Exh. 1.) The phone records encompass the time frame during which Plaintiff contends he had conversations with Ocwen Loan Servicing, LLC (“Ocwen”) and wherein Ocwen represented that the loan at issue had been paid off in full pursuant to a settlement with the federal government. (Steuer Decl. ¶ 3.) Plaintiff believes t...

Excerpt: ... opposition in reaching its ruling, Plaintiff is advised that any further failure to comply with applicable rules may result in adverse rulings. Defendant served her first set of written discovery on Plaintiff on June 29, 2018. (Rolfe Decl., Exh. A.) After timely responses were not received, Defendant's counsel sent a letter to Plaintiff's counsel informing Plaintiff of her overdue discovery. Shortly thereafter, on August 22, 2018, Plaintiff's co...

Excerpt: ...ment in violation of public policy, constructive termination in violation of public policy, premises liability, negligent hiring, supervision and retention, and negligent security. Plaintiff alleges that she was a KB Homes Sales agent and was the victim of a sexual assault at gunpoint in January 2015 by David Burnhart who approached Plaintiff under the false pretense of looking to purchase a home. Plaintiff alleges that Defendant was aware of num...

Excerpt: ...sh Defendants' deposition subpoenas for business records regarding Plaintiff Sam Rios, Jr. is ruled upon as follows. This is an elder abuse action. Plaintiffs allege that Sam Rios Jr. ("Sam") was admitted to Pine Creek on 4/15/2017 in stable medical condition with intact skin. Plaintiffs allege that during his 14 day stay at Pine Creek, Sam developed bed sores that became infected, compromised his recovery from a hip fracture, destroyed h...

Excerpt: ...session. Pursuant to CCP § 2025.450(a), where a deposition notice has been properly served and the party subject to the notice fails to appear or proceed with it, the party serving the notice may move for an order compelling the deponent's attendance and testimony. Here, FTB properly noticed Plaintiff's deposition for August 6, 8 and 9. Plaintiff did not serve any objections to the deposition notice. Prior to the start of the second deposition s...

Excerpt: ... (“Kong Grow”) and Defendant LAS, Jeremy Olen, Alfred Lopez, and Alfred Lopez, Jr. Plaintiffs allege causes of action for negligence, negligent misrepresentation, intentional misrepresentation, breach of contract, strict liability, breach of express warranty and breach of the implied warranty of fitness. Plaintiffs operate three cannabis farms and allege that soil purchased Kong Grow contained contaminants or was unsuitable for growing cannab...

Excerpt: ...d abetting a FEHA violation and failure to prevent discrimination and retaliation. Plaintiff was employed as an Instructional Designer in its Performance and Learning organization. Defendant ultimately terminated Plaintiff for violations of its Code of Conduct. The causes of action addressed in this motion are the only ones remaining against Defendant. Any party may move for summary judgment in any action or proceeding if the party contends that ...

Excerpt: ...ut was allowed to sign up for new training in February 2016 during which time FTB claims it looked into accommodations for Plaintiff's claimed issues with her arms, hand, and wrists. Plaintiff did not go through with the February 2016 training and in total only attended the two days of training in January 2016. Plaintiff moves for a protective order in connection with her deposition on August 6, 2019. FTB noticed Plaintiff's deposition for August...

Excerpt: ...ca.gov . Defendant Allstate Insurance Co.'s demurrer to Plaintiffs Mark Giannini and Linda Giannini's (collectively “Plaintiffs”) second cause of action in their first amended complaint is SUSTAINED with leave to amend. Overview Plaintiffs own 8 properties. Allstate provided insurance to Plaintiffs as well as a $2 million umbrella policy. Allstate inspected the property at issue in September 2014 to look for hazards and other conditions that ...

Excerpt: ...First, the Court would note that there is no declaration from anyone, much less a custodian of records, etc. attempting to authenticate the documents. “[W]e cannot take judicial notice of these documents [because]…no proper evidentiary foundation was laid.” (Pastoria v. Nationwide Insurance (2003) 112 Cal.App.4th 1490, 1495, n.4.) The request for judicial notice is denied on this basis alone. Moreover, Defendants are seeking to have the Cou...