Excerpt: ...filed on August 8, 2011, by Plaintiff and others against Lillian Penton (“Penton”) and Leanne Morris (“Morris”), Sacramento County Superior Court case no. 34‐2011‐00110427 (the “Underlying Action”). In the Underlying Action, plaintiffs alleged the real property they had rented from Penton and Morris suffered from various defects that left the property uninhabitable and caused personal injuries to the occupants. Penton and Morris h...

Excerpt: ...8th date, he was flexible to changing the date. Defendant did not serve objections to the deposition notices, but instead served objections. Between May and June 2017, the parties attempted to meet and confer regarding deposition dates. The action was thereafter stayed when a motion to compel arbitration was filed. The court denied the motion to compel arbitration and the stay was lifted on October 10, 2017. In December 2017, Plaintiffs resumed m...

Excerpt: ...tion for terminating sanctions against Hall for his failure to respond to discovery and failure to comply with the Court's repeated discovery orders. On 12/14/2018, Defendant filed the instant motion to compel Hall's attendance based on his failure to appear pursuant to the notice of deposition. CCP § 2025.450(a) provides that "If, after service of a deposition notice, a party to the action or an officer, director, managing agent, or...

Excerpt: ...can President Lines Ltd., (collectively “Defendants”) for judgment on the pleadings is DENIED. Defendants' request for judicial notice of a dictionary definition of the term “shipping container,” and of facts related to the Bureau International des Containers et du Transport Intermodal, is denied as irrelevant. Overview This is a personal injury case under California law. The plaintiffs are Narendra Prasad (Narendra) and Sushila N. Prasad...

Excerpt: ..., Plaintiff sent a settlement demand seeking the repurchase of the vehicle and $6,436.30 in attorney's fees and costs. Defendant counter‐offered for $9,500 inclusive of fees and costs. Plaintiff rejected the offer. On 3/31/2016, Plaintiff sent another settlement offer, requesting repurchase and $25,741.36 in attorneys' fees and costs. Defendant did not respond. On 4/3/2017, Defendant offered $12,500 inclusive of attorneys' fees and costs. Plain...

Excerpt: ...t they had not paid rent for the storage unit. Plaintiffs also allege that Defendant wrongfully converted the property in the storage unit. On 11/8/2018, the Court granted Defendant's unopposed motion for terminating sanctions against Hall. Defendant now seeks $26,754.35 in attorneys' fees pursuant to contract. (Civ. Code 1717.) Defendant points to the following provision in the contract which it contends entitles it to attorneys' fee...

Excerpt: ...nc. dba Citrus Home's (“Citrus Home”) demurrer to Plaintiff Kara Hagstrom's complaint is ruled upon as follows. This is an action for Dependent Abuse (W&I Code 15600 et seq.) and Violation of Resident's Bill of Rights. The action is brought by Plaintiff Kara Hagstrom (“Kara” or “Plaintiff”), by and through her Guardian Ad Litem, Wesley Hagstrom. Citrus Home is an intermediate care/developmentally disabled nursing facility. Kara is a b...

Excerpt: ...utter Health Sacramento Sierra Region dba Sutter Auburn Faith Hospital's (“Sutter”) demurrer to Plaintiffs Ronald and Rosemary Dougherty's first amended complaint (“FAC”) is ruled upon as follows. Overview This is an action for medical malpractice, survival and wrongful death of decedent Stephen Dougherty (“Stephen”). Plaintiffs are Stephen's biological parents. They allege that they are entitled to Stephen's property “under the law...

Excerpt: ...risdictional and the failure to file an action in the proper venue does not demonstrate that the complaint fails to state a cause of action. Rather a challenge to venue should be raised by way of a motion to transfer venue. (CCP § 396a, 396b (stating that a challenge to venue may be made by motion at the same time the defendant answers, demurs, or moves to strike, or may be made by motion in lieu of answering, demurring or moving to strike). Mr....

Excerpt: ... M.D., Inc. (collectively "Taylor"). However, Taylor continues to claim the use of the “Health Care for Women” name when identifying her private practice, and continues to claim she represents and is authorized to act for “Health Care for Women.” Wellspace further alleges that Taylor wrongfully directed the US Postal Service ("USPS") to forward all mail addressed to “Health Care for Women” at 7601 Hospital Drive (Wells...

Excerpt: ... Exs. AC.) As the record establishes defendant Magen Michelle Hernandez has no interest in the vehicle given that the amount owned exceeds the value of the vehicle, RAC is not required to file an undertaking. The amount Defendant must post as an undertaking to stay delivery or regain possession pursuant to CCP § 512.020 is $28,254.29. RAC is also entitled to a turn over order. (CCP § 512.070.) With a writ of possession the court may also issue ...

Excerpt: ...ne day late on January 11, 2019. No prejudice has been shown. Plaintiff timely filed her opposition brief and other supporting documents on January 9, 2019, and Defendants timely filed a reply on January 16, 2019. Background This action arises out of a motor vehicle accident that occurred on February 27, 2015, in Sacramento, California. Plaintiff alleges she suffered personal injuries when she was rear‐ended by Defendant Nicholas Anaya. Plainti...

Excerpt: ...laint (FACC), the court summarized the action as follows: In 2004 FEOC was awarded a grant from Parks to construct a Neighborhood Youth Center (“NYC”) consisting of a gymnasium and an administration building. A contract memorializing the terms of the grant was executed in 2005. The City of Fresno (“City”) subsequently approached FEOC about selling the gymnasium, which FEOC maintains was constructed with none of the grant's proceeds. In 20...

Excerpt: ...sed on a model protective order used in the Los Angeles County Superior Court. GML has revised the model version to bar disclosure to experts who are currently employed by its competitors. Because the protective order allows a party to challenge designations, it does not improperly delegate the determination of trade secrets to the parties. (Compare Stadish v. Superior Court (1999) 71 Cal.App.4th 1130, 1139, 1144, 1146‐ 1147.) The court notes t...

Excerpt: ...alifornia and California Horse Racing Board (Board) and Board of Stewards (Stewards) (collectively “Defendants”) to the FAC is SUSTAINED in part and OVERRULED in part. Defendants' request for judicial notice is GRANTED. In its discretion, the court has considered Plaintiff George L. Luster's (Luster) opposition notwithstanding any untimeliness. Future failures to comply with statutory deadlines, however, could result in adverse rulings. Overv...

Excerpt: ...e. Defendant Dean Kratzer's motion to dismiss is denied. Defendant moves to dismiss Plaintiff's complaint which was filed on July 7, 2015, on the basis that Plaintiff failed to serve the complaint within three years of filing. A motion to dismiss for delay in service of summons is not a general appearance. (Code Civ. Proc, § 583.220(b).) Plaintiff opposes the motion on the basis that service of the complaint within three years was impossible, im...

Excerpt: ...ainst the defendant.” (CCP § 583.310.) “[A]n action shall be dismissed…after notice to the parties, if the action is not brought to trial within the time prescribed in this article.” (CCP § 583.360(a).) Dismissal is mandatory and not subject to extension, excuse, or exception, except as expressly provided by statute. (CCP § 583.360(b).) Pursuant to CCP § 350, an action is commenced when the complaint is filed. The complaint in this ac...

Excerpt: ...endants did not file a separate opposition to this motion, their opposition to the other pending motion to compel by plaintiff addresses in part matters which are relevant to this motion as well and thus, the court construes defendants' singular opposition to the other pending motion as an opposition to both of these motions brought by plaintiff. This is a wage‐and‐hour case brought by a single plaintiff. According to the moving papers, plain...

Excerpt: ...ggrieved employees alleges that Vivint violated various Labor Codes and Wage Orders. Plaintiff asserts a single cause of action for Violation of the Private Attorneys General Act (Labor Code §2698, et seq.) Plaintiff seeks to recover civil penalties pursuant to Labor Code §§ 2698‐2699.5. (Complaint, ¶¶ 35‐37.) In his prayer for relief, Plaintiff requests “civil penalties according to proof, including but not limited to the amount of an...

Excerpt: ...nalysis, the court acknowledges two intervening matters that arose after the motion was filed and impact its resolution in part. On November 30, 2018, the Court sustained Foundation's Motion for Judgment on the Pleadings as to the Plaintiffs' Third and Fourth causes of action, so those causes of action are no longer at issue on this motion. And, Mr. Komski passed away on November 12, 2018, and the Court is not aware of any record action at presen...

Excerpt: ...usly has been providing misleading and deceitful information to potential trial witnesses in order to improperly influence their trial testimony.” To that end, they argue that in connection with certain Notices to Consumer and Deposition Subpoena, Mr. Collins informed witnesses [not parties] that Defendant's upper management were responsible for Ms. Lovenstein's injuries and that Defendants would attack the witnesses credibility at trial becaus...

Excerpt: ...argo Bank (1990) 220 Cal. App. 3rd 1117, 1138.) Newberg on Class Actions (4th Ed.), the most authoritative treatise on class actions, discusses the process for approving the settlement of a class action. At § 11.24, “Procedure for Submitting Class Settlement for Approval,” Newberg describes the review at the preliminary stage as the submission by the parties of the essential terms of the agreement for informal review of the settlement papers...

Excerpt: ...er's is directed to review Local Rule 1.06 and provide the requisite language regarding the court's tentative ruling procedure in all notices of motions and applications. This court is not persuaded that any of the conduct attributed to defendant or its attorney (e.g., declining to sign and return the Notice and Acknowledgement of Receipt of Summons & Complaint; failing to timely respond to the original complaint; and filing a demurrer to both or...

Excerpt: ...rties have informed the Court that Mr. Komski has passed away. Mr. Komski alleged his status in the present action as the Master of the California State Grange, and as a de facto director of Foundation. Mr. Skinner's declaration states that “[t]he California State Grange may seek to substitute one or more other individuals into this action in place of Mr. Komski.” (Skinner Dec., 1:23‐24.) The case record does not indicate that any steps hav...

Excerpt: ...M.C.M. Construction, Inc. ("MCM") a privately‐held construction company formed in 1973. The five shareholders are James and Judith Carter, Joey Carter, Jeffrey Carter, Harry McGovern, and James Coppini. Plaintiff seeks an order appointing provisional directors for MCM to serve on a special litigation committee (“SLC”) for the purposes of evaluating and taking action on a September 26, 2018 demand made by shareholders James and Judit...