Excerpt: ...ted documents. These documents contained private peace officer information about a non‐party. The nonparty has objected to the disclosure of his identity. The document sought to be sealed is the Personnel Board's Resolution and Order describing an investigation regarding the identified peace officer. This disclosure potentially violates the peace officer's right of privacy in the absence of waiver. Job actions relating to an identified ...

Excerpt: ...o complete meet and confer pursuant to Code of Civil Procedure section 430.41, the defendants' motion states the wrong street address for the courthouse in which the demurrer is to be heard, and defendants failed to request judicial notice of the complaint to which the demurrer is addressed, are all overruled. Plaintiff's complaint alleges five causes of action arising from the parties' alleged execution of a contract entitled Buyers Confidential...

Excerpt: ...Defendants Buchanan, et al.'s motion to compel plaintiff in pro per Stella Altraide's (“Stella”) further responses to certain form and special interrogatories and to certain requests for production of documents is ruled on as follows. The Court notes that Stella appears to have filed three (3) separate oppositions to the present motion, one filed on 9/20/2019, one filed on 9/25/2019 and one filed on 9/27/2019. The Court has considered only th...

Excerpt: ...C Davis Medical Center in Sacramento. Plaintiff was visiting her brother when she slipped and fell on water in the hospital bedroom that emanated from a bathroom sink. Plaintiff was visiting her brother in room 8103, but the water on the floor originated from the sink in the adjacent room, room 8101. Plaintiff contend that according to deposition testimony and discovery responses, the only employee that was aware of what caused the blockage is de...

Excerpt: ... action on November 6, 2017. Pursuant to a stipulation, the Court authorized Plaintiff to amend its complaint to drop its writ of mandate claim and assert a claim for tax refund, and this matter was reassigned from the writ department. (ROA 28.) Plaintiff filed its First Amended Complaint (“FAC”) on August 30, 2018, which states a single cause of action for tax refund pursuant to California Revenue and Taxation Code § 6933. (ROA 29.) On Octo...

Excerpt: ...what the marking indicates (it is not readable) and it is speculation on Plaintiff's part that the marking indicates the declaration was not personally signed by Mr. Cheban. The additional objections regarding the declaration of Mr. Cheban are also overruled. To the extent Plaintiff “objected” to several of Defendants UMFs on the ground the characterization of the UMF is uncertain, ambiguous, and irrelevant, such objections are overruled beca...

Excerpt: ...sideration on July 19, 2019, with a hearing date of July 30, 2019. On July 29, 2019, the Court tentatively dropped the matter from calendar, without prejudice, due to defective service. At the hearing, Plaintiff's oral motion to continue the hearing was granted without objection. The matter was continued to August 23, 2019. After Plaintiff filed her first motion, but before the Court heard the first motion on July 30, 2019, Plaintiff filed what a...

Excerpt: ...tion matters. *** Defendants California Department of Corrections and Rehabilitation's (“CDCR”) demurrer to the First Amended Complaint (“1AC”) is ruled on as follows. Moving counsel failed to comply with CRC Rule 3.1113(f)'s requirement for a Table of Contents and Table of Authorities when the points & authorities exceed 10 pages. Factual Background This action arises out of the November 2016 suicide of Milton Beverly, Jr. while in the c...

Excerpt: ...al argument on the continuance date. Defendant Walkenhorst's, Inc.'s ("Defendant") demurrer to self‐represented plaintiff Alonzo Joseph's ("Plaintiff") complaint is UNOPPOSED and is SUSTAINED with leave to amend. Plaintiff is an inmate with the California State Prison in Represa, California. Plaintiff filed a form complaint on May 14, 2019. (ROA 1.) General negligence would appear to be alleged, although "product...

Excerpt: ...ed that pursuant to local rules, only limited oral argument is permitted on law and motion matters. *** The Court notes that the opposition filed by plaintiff on 10/3/2019 was not timely filed or served but it was nevertheless considered. However, it fails to address a number of the substantive arguments advanced in the moving papers including but not limited to this lawsuit being barred in its entirety by res judicata, based on the judgment of d...

Excerpt: ...Reviver Financial, LLC's motion for summary judgment is denied. In this consumer collection action Plaintiff filed a complaint seeking recovery of $6,051.64 from Defendant Peter Santiago. Plaintiff alleges that Defendant had a loan from CNU of California, LLC dba Netcredit (“CNU”) which he defaulted on. Plaintiff alleged that the debt was assigned to it. The caption of the complaint states that it is for breach of contract and common count. H...

Excerpt: ..., 2019. The Clerk shall fax a copy of the tentative ruling to the litigation coordinator. The litigation coordinator shall provide the tentative ruling to plaintiff Reginald 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 sust...

Excerpt: ...t of Business Oversight's unopposed demurrer to selfrepresented Plaintiffs S. Alan and Jean Cardiff's complaint is sustained with leave to amend. In this action Plaintiffs filed a Judicial Council form complaint appearing to allege common law causes of action for fraud and negligent misrepresentation and also alleged that Defendant violated the Franchise Investment Law. Plaintiffs allege that Defendant committed fraud in approving Dental Support ...

Excerpt: ...ess Oversight's unopposed demurrer to selfrepresented Plaintiff Jeff Eschrich's complaint is sustained with leave to amend. The function 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.) Pleadings in California are construed liberally. The only issue that can be raised by demurre...

Excerpt: ... and Real Estate Portfolio Management, LLC's (“REPM”) motion for summary adjudication is ruled upon as follows. The parties' requests for judicial notice are granted. The Court notes that Plaintiff failed to comply with CRC Rule 3.1116(c) by failing to highlight the relevant portions of deposition testimony. Nevertheless the Court considered the cited deposition testimony in its entirety. Plaintiffs/Cross‐ Defendants Angelica Lynn and Angel...

Excerpt: ...sen Wright, PC.'s motion to strike portions of Plaintiff Aalborg CSP A/S's complaint is denied. Defendant's request for judicial notice is denied. Defendant seeks to have the Court take judicial notice of a declaration filed in support of its concurrent motion for an undertaking and 24 exhibits in support of that motion. While It may be appropriate to take judicial notice of the fact that the documents were filed with the Court, Defendant attempt...

Excerpt: ...d special interrogatories and a request for production of documents on Plaintiff. Plaintiff failed to respond to the discovery requests. Defendant filed motions to compel the responses, which this Court granted on July 22, 2019. The Court's order directed Plaintiff to respond to the discovery requests no later than August 2, 2019. Despite the Court's Order, Plaintiff still has not responded to the discovery requests. Defendant now moves for termi...

Excerpt: ...arminder Singh's motion to compel Defendant General Motors LLC's compliance with the Court's July 11, 2019 discovery order and for prospective sanctions of $500 per day is ruled upon as follows. In this lemon law case, the Court granted Plaintiff's motion to compel further responses to requests for production Nos. 1, 7, 10, 17, 19, 20‐24, 35, 37‐42, 58, 66, 70‐73, 77, 85 and 92. The Court ordered Defendant to provide further responses by Ju...

Excerpt: ...es causes of action for violation of Business & Professions Code § 17200, breach of the implied covenant of quiet enjoyment, negligence, IIED, and conversion. An judgment was entered against Plaintiff in a separate unlawful detainer action and that judgment is final. Defendant moves to have Plaintiff declared a vexatious litigant. The purpose of the vexatious litigant statute is to address the problems created by the "persistent and obsessiv...

Excerpt: ...filed this action on January 15, 2019, alleging violations of the Labor Code for failure to pay overtime wages, wage statement violations, waiting time penalties, and failure to pay vacation wages; and unfair competition under the Business & Professions Code. On April 5, 2019, Plaintiff filed her First Amended Complaint, adding a claim under the Private Attorney General Act (PAGA) and dismissing all individual and class claims without prejudice. ...

Excerpt: ...costs is ruled upon as follows. In this lemon law action Defendants seek to tax Plaintiff Rudy Warren Egger's memorandum of costs which seeks $24,449.33 in costs. Defendants argue that Plaintiff should be awarded no more than $13,323.04 in costs. The matter was settled at a settlement conference on the first day of trial before the Honorable Judge Gevercer, wherein defendant FCA UC LLC agreed to settle the matter and pay Plaintiff $106,000. There...

Excerpt: ...Renee Phillips' motion to vacate request for dismissal and reinstate the action is granted. Plaintiff's request for judicial notice is granted. In this employment action Plaintiff filed her complaint on February 28, 2018 against Defendants Wayne and Suzanne Schell, Peter Borg and Laguna Del Sol. At the time she was represented by Mark Gallagher. Mr. Gallagher was suspended from the practice of law by the State Bar in January 2019. In June 2019 Pl...

Excerpt: ... as follows. The notice of motion does not comply with Code of Civil Procedure §1010 or CRC Rule 3.1110(a). Moving counsel failed to comply with CRC Rule 3.1110(b)(3)‐(4). This is a personal injury action and trial is set to commence on 1/14/2019. According to the moving papers, plaintiff in pro per served four trial subpoenas on Messrs. Zoll, Tharaldson and Manternach as well as Ms. Garcia by serving defendants' attorneys of record. Defen...

Excerpt: ...is action Plaintiff alleges causes of action for negligence, negligent supervision and/or retention of employee and negligent supervision of Plaintiff against SFHS in connection with allegations that she was the victim of childhood sexual abuse when she attended SFHS as a result of the conduct of its softball coach Michael Martis. The fourth and fifth causes of action for sexual battery and IIED are alleged against Martis alone. Plaintiff alleges...

Excerpt: ...ction for conversion, fraud, and money had and received against Cross‐Defendants. Cornerstone alleges that the California State Controller's Office of Unclaimed Property (“SCO”) has a program by which it pays 10% of amounts recovered by an investigator for a client of the investigator and that it is an investigator in the program. (FACC ¶ 7.) Cornerstone alleges that relative to a certain client (Lewis Brisbois Bisgaard & Smith [“LB”])...