Excerpt: ...moot as Defendant has presented evidence that it served supplemental responses to these requests on December 18, 2018, nine days before Plaintiff filed this motion to compel. The Court makes no determination as to the sufficiency of these supplemental responses. As to request number 13, the motion is DENIED as request number 13 is not included anywhere in Plaintiff's separate statement and, therefore, not at issue. As to the remaining request...

Excerpt: ...ance by counsel for Plaintiffs at the OSC re: Dismissal. Plaintiffs' counsel contends that in May of 2015, his office moved from 2366 Gold Meadow Way in Gold River, California to 7940 California Avenue in Fair Oaks, California. (Swartz Decl. ¶ 15.) Indeed, the address listed on Plaintiffs' filing changed from the Gold River address to the Fair Oaks address after April of 2015. Plaintiffs' counsel contends they did not receive notice of the OSC h...

Excerpt: ...ws. Plaintiff was employed by Defendant beginning in June of 2012. Throughout her employment, she was pregnant on three different occasions. Plaintiff filed her complaint in this action on July 18, 2018, alleging the following causes of action: (1) pregnancy discrimination; (2) failure to prevent pregnancy discrimination and harassment; (3) pregnancy harassment; (4) failure to provide meal and rest periods; (5) failure to issue accurate itemized ...

Excerpt: ...15 Cal.4th 543, 590; Steed v. Department of Consumer Affairs (2012) 204 Cal.App.4th 112, 120‐121.) I. Overview In this action, Plaintiff William Carlisle alleges that he jointly retained Whitaker as an expert in his divorce proceedings. Whitaker was jointly retained by Plaintiff and his exwife Carol Carlisle. Plaintiff alleges the following: 5. Defendant billed over $30,000.00, whereas Plaintiff believed that Defendant would complete his work w...

Excerpt: ...421 San Juan, LLC (“421”) and SEVA Assisted Living, Inc. (“SEVA”) (collectively “Entity Plaintiffs”) (the “Individual Plaintiffs” and “Entity Plaintiffs” are collectively referred to herein as “Plaintiffs.”) The Individual Plaintiffs own and operate the Entity Plaintiffs. The Individual Plaintiffs allege they owned and operated SEVA and 421. On December 15, 2015, the Entity Plaintiffs entered into an agreement (“Purchase...

Excerpt: ...as noted in Rule of Court 2.551 (a) the Court must make the requisite determination, and the Court must not permit a record to be filed under seal based solely on the stipulation of the parties. That being said, as part of that motion, which was filed on September 1, 2018, Defendant submitted the sworn declaration of counsel, Terilynn Diepenbrock. Attached to Ms. Diepenbrock's declaration were various exhibits, of which Exhibits A, B and C contai...

Excerpt: ...ss day, a supplemental legal brief, no greater than five (5) pages in length, addressing the following: Defendants argue that Plaintiff Newton is collaterally estopped to litigate most of his causes of action because he received a “full evidentiary [administrative] hearing” and then failed to challenge the administrative decision by petitioning for a writ of mandate. (See Moving Memo. at 9:25‐27.) Collateral estoppel only applies where the ...

Excerpt: ...e to amend and OVERRULED in part. Overview This is a residential landlord / tenant dispute. The plaintiff and tenant is Darrell Emery (Emery). Emery alleges that Domus manages his apartment complex. According to Emery, his apartment became infested with bed bugs and, despite his repeated advisements, Domus failed to remediate the problem. Emery also alleges that Domus informed him that unless he funded a “second treatment,” his lease would be...

Excerpt: ...the City's discovery of illegal indoor cultivation of 642 cannabis plants in a home owned by Plaintiff in Sacramento. The City's Code Enforcement issued the penalty on July 2, 2018, and the City's administrative appeals division affirmed the penalty on September 19, 2018. Notice of the administrative appeal decision was served on Plaintiff on October 3, 2018. Plaintiff instituted the instant action by filing a notice of administrative...

Excerpt: ...rian Beck sue Defendant VRK Group LLC regarding their purchase of real property, while Plaintiffs Tom and Sunday Barrow allege they entered into an agreement to purchase property from Defendant Pacific Coast Ventures LLC. The overall substance of Plaintiffs' First Amended Complaint is that each home contains various undisclosed defects, for which Plaintiffs now seek compensation. As to moving Defendant Nguyen, only, Plaintiffs Bianchi and Beck al...

Excerpt: ...ing directed Defendants to provide further responses on or before December 3, 2018. Plaintiff now complains that Defendants are in violation of that order, as Defendants have failed to provide further responses. Plaintiff now seeks issue, evidentiary and monetary sanctions. Defendants' Opposition to the instant motion provides additional context relevant to the Court's determination of this motion. The Court's Register of Actions reflects tha...

Excerpt: ...y, surgically removed as a result. The FAC contains a single cause of action for “medical malpractice / negligence.” With the moving papers, Dr. Keifer tenders expert opinions that he abided by the standard of care and did to cause Berry's injuries. (See Sep. Stmt., Undisputed Material Facts 10, 11, 13; Norton Decl., ¶¶ 8, 9.) This shifted the burden to Berry to produce evidence demonstrating the existence of a triable issue. Berry did not ...

Excerpt: ...e the time appointed for hearing. If the notice is served by mail, the required 75‐day period of notice shall be increased by 5 days if the place of address is within the State of California … .” Moving party served the motion by mail on November 13, 2018, which is 77 days before the January 29, 2019, hearing date. This is insufficient notice under Code of Civil Procedure section 437c(a), which requires notice of at least 80 days before the...

Excerpt: ...t Smart & Final Stores, LLC (Smart & Final) argues that Plaintiff Dylan Wasko's motion to compel further discovery is premature in light of Smart & Final's concurrent motion to sequence discovery and for protective order. The court has denied that motion in a concurrent ruling. Given this, and given each side's concerns that counsel did not fully explore an informal resolution of the issues presented, counsel are directed to resume th...

Excerpt: ...n substance, the Court combines its ruling into this single order for purposes of efficiency and judicial economy. This is a PAGA‐only action. The Court previously denied class action status as to the remaining claims. DISCOVERY AT ISSUE Special Interrogatories At issue in Plaintiffs' Motion to Compel Further Responses is Special Interrogatory No. 21, which states: “Please IDENTIFY each individual in the released contact list provided by KCC,...

Excerpt: ...e on January 22, 2019. No opposition was received. In this personal injury action, the parties served their initial expert witness disclosures on December 17, 2018. Defendant only disclosed Dr. Mikaelian to provide testimony regarding the nature and extent of Plaintiff's injuries. Plaintiff disclosed an expert witness to provide testimony regarding her medical bills, including the reasonableness and necessity of those bills and future medical car...

Excerpt: ...mpt, hourly employee. Nonetheless, because Wasko purports to represent as many as 19,000 of Smart & Final's employees, Smart & Final asks the court to “bifurcate” discovery such that the first phase is limited to Wasko's personal standing as an “aggrieved employee” under PAGA. Smart & Final argues that plenary discovery from the outset presents an undue burden, especially if it turns out that Wasko's personal claims lack merit and, theref...

Excerpt: ...iffs' local counsel, the law firm of Walker Hamilton Koenig & Burbidge LLP (“Walker Hamilton”), acts together with national counsel Fleming Nolan Jez LLP, which is based out of Houston, Texas. In August 2017, the Fleming firm instructed Walker Hamilton to dismiss approximately 190 plaintiffs from various cases that had been filed in various California superior courts. The Fleming firm based this directive on (1) certain plaintiffs had claims ...

Excerpt: ...fendants”) pursuant to which they would receive an offer for a permanent modification of their loan if they complied with the terms of a Trial Period Plan (“TPP”). They contend that they complied with the TPP but that Defendants offered a permanent modification that differed from the terms of the settlement agreement. The settlement agreement provided that it was made pursuant to CCP § 664.6. The Court notes that both parties have lodged t...

Excerpt: ... agreement with Defendant for the purchase of a heavy duty semi‐truck and that Defendant failed to make the required payments. Any party may move for summary judgment in any action or proceeding if the party contends that (1) the action or proceeding has no merit or (2) there is no defense to the action or proceeding. CCP 437c(a). A cause of action has no merit if one or more of the elements of the cause of action cannot be separately establish...

Excerpt: ...8. National has not moved for summary judgment. Grange's request for judicial notice is granted. As to court records, the notice is limited as explained in Sosinsky v. Grant (1992) 6 Cal. App. 4th 1548. While a court may take judicial notice of the existence of any document in a court file, it cannot judicially notice the truth of facts asserted in the document. (Steed v. Department of Consumer Affairs (2012) 204 Cal.App.4th 112, 121.) For exampl...

Excerpt: ...without leave to amend. Defendants' request for judicial notice is granted. (See Poseidon Devel., Inc. v. Woodland Lane Estates, LLC (2007) 152 Cal.App.4th 1106, 1117‐18; see also Stratford Irrig. Dist. v. Empire Water Co. (1941) 44 Cal.App.2d 61, 68 [recorded land documents, not contracts, are the subject of judicial notice on demurrer].) The Court, however, does not accept the truth of any facts within the judicially noticed documents exc...

Excerpt: ...Healthcare, Inc. dba Citrus Home's (“Citrus Home”) motion to strike portions of Plaintiff Kara Hagstrom's complaint is ruled upon as follows. Citrus Home moves to strike: (1) any and all allegations in Plaintiff's First Cause Of Action for Dependent Adult Abuse that fall outside of the recoverable statute of limitations as set forth in Code Of Civil Procedure §335.1; (2) any and all allegations in Plaintiff's Second Cause of Action for Alleg...

Excerpt: ...ssed 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 Aeorojet Rocketdyne, Inc. (“ARI”) and Steve Hill's (“Hill”) (collectively “Defendants”) motion for summary judgment, or in the alternative, summary adjudication is ruled upon as follows. 1. Overview This is an employment action. Plaintiff Stev...

Excerpt: ...eting, and corporate officer, Felicia Joubert (“Joubert”) secretly established co‐defendant Emergent Technology Services, Inc. (“Emergent”) to compete with DSI. Joubert resigned in October 2017. After she resigned, DSI accessed her company email account and discovered that she deleted all the email in her "sent" email folder prior to her resignation. DSI alleges that pursuant to DSI Mirror Stock Plan, upon resignation Joubert wa...