Excerpt: ... various Labor Code violations and breach of contract. Defendants filed a series of demurrers and they ultimately answered the second amended complaint on December 27, 2018. Plaintiff alleged that he was employed by Gallagher Plumbing Heating & Air Conditioning, Inc. as a general manager and was promised certain bonuses and an ownership interest. Defendants seek leave to file a cross‐complaint alleging causes of action against Plaintiff for bre...

Excerpt: ...ses of action for insurance bad faith, fraud, and negligent misrepresentation. Plaintiffs allege that they are owners of a rental home that was insured by Defendant. They allege that the home was damaged by tenants and that Defendant failed to properly investigate and pay for their loss. At the outset, while Defendant moved for summary judgment, and alternatively summary adjudication as to the three causes of action in the First Amended Complaint...

Excerpt: ...iolation of Government Code §§ 3300, et seq. the Public Bill of Rights Act (“POBRA”) and one for age discrimination in violation of FEHA. Plaintiff, who is currently an employee with the State, worked as a probationary peace officer for a short time in 2016 for OLES but OLES did not pass her on probation. Plaintiff alleges that the OLES violated POBRA by placing derogatory information in a personnel‐related file and discriminated against ...

Excerpt: ...the management of real estate. Plaintiffs' FAVC alleges the following seven causes of action: (1) breach of contract; (2) breach of fiduciary duties; (3) actual fraud; (4) constructive fraud; (5) expulsion of partner; (6) dissolution of partnership; and (7) accounting. On August 22, 2019, this Court overruled Defendants' demurrer to the first through fourth causes of action. Defendants argued that Plaintiffs had failed to allege facts which would...

Excerpt: ...ie Vega (“Plaintiff”) filed her original Complaint for medical malpractice on January 25, 2019, based on an incident that occurred on or about November 23, 2017. (Register of Actions (“ROA”) 1.) The original Complaint named “Planned Parenthood Federation of America, Inc., a business entity, form unknown, and DOES 1 to 100” as Defendants. The Complaint alleged that “Defendant Planned Parenthood,” a “business entity, form unknown,...

Excerpt: ...es that the Settlement Agreement attached as Exhibit A to the Declaration of Jason M. Sherman (“Sherman Decl.”) nowhere states that this Court would retain jurisdiction over this case for purposes of enforcing the settlement agreement. However, the Court also notes that it currently retains jurisdiction because this case has not yet been dismissed in its entirety. Plaintiffs have dismissed their action in its entirety. Generally, when there i...

Excerpt: ...ed 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. *** Defendant Stewart Title of Sacramento's (“STS”) motion for summary judgment, or in the alternative, summary adjudication is ruled upon as follows. Overview This action arises out of a 2015 Purchase Agreement and Construction Contract for the development of a singl...

Excerpt: ...all of Plaintiff's causes of action against Local 1000 are preempted by the Dills Act and subject to the exclusive jurisdiction of the Public Employment Relationship Board (“PERB”). As it was the first challenge to the pleading, the Court granted Plaintiff leave to amend. Plaintiff then filed the SAC on August 12, 2019. (ROA 100.) The SAC includes two causes of action against Local 1000, the third cause of action for fraud and fourth cause of...

Excerpt: ...FW), Violation of 42 USC §1983 (against Bartlett), and Violation of Administrative Practices Act of California (against Defendants). Plaintiffs are Jeffrey Huckins, Donna Waddell and Lisa Ann Messick Rerucha. They own farming and hunting land (“Land”). The Land is bounded on the north by Honcut Creek. When inclement weather occurs, the surface of Honcut Creek in the vicinity of and adjacent to the Land can raise in elevation, resulting in ov...

Excerpt: ...ion for gender discrimination (2nd), failure to prevent gender discrimination (4th), and age harassment (7th). Plaintiff previously worked for OSI for approximately nine years, was laid‐off, and then rejoined her former employer in 2011 at the age of 54. During her second employment, OSI underwent an acquisition with a British company and was rebranded as Mycom OSI. Plaintiff alleges she was discriminated against based on her age and gender in ...

Excerpt: ...nt to specific admissible evidence which is claimed to show the existence or nonexistence of a triable issue of material fact. *** Defendant Vibra Hospital of Sacramento's motion for summary judgment as against plaintiff Pinney is ruled on as follows. The notice of motion does not provide notice of the Court's tentative ruling system, as required by Local Rule 1.06, and does not provide the correct address for Dept. 53/54. Moving counsel is direc...

Excerpt: ...h Plaintiff, the Court consolidates its ruling on the motions into a single Minute Order for purposes of judicial efficiency and economy. The dispute over deposing Defendant Matheson's (Defendant) Person Most Knowledgeable (PMK) regarding Defendant's Human Resources and Policies began when Plaintiffs first cold‐set the deposition for July 16, 2019. Defendant informed Plaintiffs' counsel that the date set would not work and attempted to set a ne...

Excerpt: ...ng ownership of real property located at 7500 Beech Avenue, Orangevale, California 95662. Plaintiff alleges she is the true owner of the property. Plaintiff alleges her ex‐husband, Michael Sparks obtained fee simple titled to the property in 2003 and then transferred and assigned all rights in the property to her in 2019. Despite this, Plaintiff alleges Defendants served her with a 60‐ day notice to vacate or quit. Plaintiff alleges Defendant...

Excerpt: ... Officers while he was waiting to be booked into the Sacramento County Jail on August 16, 2013. Plaintiff has been self represented since September 15, 2015 when his attorney withdrew. The last document filed by plaintiff in this case was the substitution of attorney. (ROA 39) Plaintiff has failed to conduct any discovery since that date. An action must be dismissed by the court if it is not brought to. trial within five years after it is commenc...

Excerpt: ...aph 9 of the TAC (injunctive relief) and Prayers A, B, C, D, and H is denied for the additional reason that a motion for judgment on the pleadings by a defendant may be brought only as to the entire pleading or a cause of action within. CCP 438(c)(2)(a). Moreover, the Notice of Motion did not include Items Paragraph 9 of the TAC (injunctive relief) or Prayers A, B, C, D as the subject of the motion. These allegations are the subject of the motion...

Excerpt: ...onal language: As noted in the tentative ruling, the proof of service of this motion only provides notice to plaintiff's counsel. While the motion papers include the argument that "Several contractors were responsible for the design and construction of the pool, and Plaintiff attributes a great proportion of liability to these contractors" [Memorandum, p. 6. lines 6‐7], no effort was made to notice them on this motion. Inexplicably ...

Excerpt: ...sed vocational nurse working at California Cosmetics, performing Botox injections under the supervision of Jeffrey Barczak, D.O. (FAC ¶9.) Defendant is an association that regulates the activities of Licensed Vocational Nurses, such as Plaintiff. (Id. ¶10.) Plaintiff alleges that on January 22, 2019, she received a cease and desist letter following an investigation by Defendant into the medical practice of California Cosmetics, citing Plaintiff...

Excerpt: ...ants' prior demurrer to Plaintiff's Complaint. Overview On January 1, 2015, Plaintiff entered into a lease agreement with Defendants in which Plaintiff rented the premises located at 4720 Roosevelt Ave., #2, Sacramento 95820 in exchange for $725 per month. (FAC ¶7.) Plaintiff alleges that as of April 2018, numerous habitability defects arose on the premises, including, without limitation, severe mold and mildew contamination, insect infestations...

Excerpt: ...pria persona alleging claims of "discrimination, unlawfully detained [sic], false arrest and imprisonment, unconscionability, harassment in the workplace, sexual harassment, harassment, slander, defamation, libel, child endangerment, civil rights violation, negligence, malice, oppression, wrongful termination, recklessness and fraud." (Compl. p. 1.) Previously, the Court ruled upon the demurrer filed by Defendants Department of Child Supp...

Excerpt: ...to C.C.P., sec. 1005, as it was served by mail and not in a manner calculated to reach defendants the next business day. Defendants were able to file a reply fully responding to the opposition. (See, e.g. Carlton v. Quint (2000) 77 Cal.App.4th 690.) Thus, there appears no prejudice to Defendants. (See, e.g. Israni v. Superior Court (2001) 88 Cal.App.4th 621.) Overview On December 15, 2011, Plaintiff began working as a server at a Sizzler's restau...

Excerpt: ...t MSC date is November 20, 2019; the trial date scheduled to occur on January 13, 2020. Plaintiff, a current 40+ year EDD employee, alleges in this action that she was discriminated against due to her age when she failed to get promotions. She alleges the persons who got the position were less qualified, and harassed her due to her age. She alleges that EDD retaliated against her for complaining about age harassment. Plaintiff alleges that new cl...

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: ...ation action. Defendants seek to strike (1) references to punitive damages, (2) references to “privileged communications,” and (3) a reference to California Labor Code section 218.5. Legal Standard Under section 436, the Court may “[s]trike out any irrelevant, false, or improper matter inserted in any pleading” as well as “all or part of any pleading not drawn or filed in conformity with the laws of this state.” (Code Civ. Proc, § 43...

Excerpt: ...ed as follows: Pursuant to the Parties stipulation filed August 14, 2019, the only remaining disputed costs are the expert witness fees and the costs for models and exhibits. Plaintiff was injured at the workplace when a punch press crushed his left hand and forearm. Plaintiffs dominant right and forearm were amputated just below his right elbow. Plaintiff's employer provided workers compensation benefits and American Zurich, the insurer, fil...

Excerpt: ...��call and on‐duty during their meal and rest periods as well as precluding employees from being able to leave the work premises; and 2) failed to have any policy to reimburse employees for the use of their personal cell phones for work. See generally Exhibit B. Plaintiff further alleged Defendants' policies and practices resulted in derivative violations and statutory penalties and resulted in unfair competition. See id. Plaintiff alleged ...