Excerpt: ...man who worked as an information systems manager at UC Davis Medical Center (“UC Davis”). She alleges that UC Davis engages in racial discrimination (disparate treatment) in the way the employees were promoted and in the way IT work was assigned. She alleges that she was retaliated against for making complaints regarding racial discrimination. Plaintiff began her employment in December 2011. She was terminated from her position on September 1...

Excerpt: ... Lanyadoo's (“Lanyadoo”) motion for summary judgment/adjudication. As noted in the Court's December 27, 2018, minute order, both the Irrevocable Trust's and Lanyadoo's motions are predicated upon the same arguments: the entire lawsuit, and each cause of action therein, is barred by the doctrine of judicial estoppel for Gopal's failure to disclose this lawsuit in Gopal's bankruptcy and, if any claims are not judicially estopped, Plaintiffs lac...

Excerpt: ...r a stay are DENIED as moot. Defendants' request for judicial notice of court documents is GRANTED. Overview This is a PAGA action under the Labor Code. The representative plaintiff is Ashleigh Phillips‐Armstrong (Plaintiff). Plaintiff filed this action on 8/24/18. She alleges that, between March 2017 and late August 2017, she worked for Defendants at a Chili's Grill & Bar Restaurant in Sacramento. (Compl., ¶ 6.) The complaint contains a singl...

Excerpt: ...r to plaintiff Francisco C. Tyquiengco's (“Plaintiff”) First Amended Complaint (“FAC”) is unopposed and is ruled upon as follows. Defendants' request for judicial notice of the Notice of Trustee's Sale is granted. In taking judicial notice of the recorded land document, the Court accepts the fact of their existence, not the truth of their contents. (Herrera v. Deutsche Bank Nat'l Trust Co. (2011) 196 Cal.App.4th 1366, 1375.) Factual and P...

Excerpt: ...�game purchases of deceptively marketed in‐game items in Defendant's immensely popular games Overwatch and Hearthstone. The complaint concerns Defendant's “unfair and deceptive marketing of ‘Packs' for purchase by Hearthstone users, and of "Loot Boxes" for Overwatch users. Packs and Loot Boxes are virtually identical except in name. They both contain virtual items for use in the game, and they are purchased with real money. Blizzard...

Excerpt: ...Insurance Company (“Defendant” or “Golden Bear”). The motion is granted in part and denied in part, as follows. Defendant's request for judicial notice of the complaint, cross‐complaint, and Plaintiff Ariz de la Vega's notice of request for dismissal is granted. Background Plaintiffs Pete and Ariz de la Vega filed a complaint against Golden Bear, their residential property insurer, on June 21, 2018. The complaint alleged one cause of ac...

Excerpt: ...llectively “Plaintiffs”). Plaintiffs allege what appears to be an oral agreement that they would acquire title to a residence in exchange for payments to Fisher. Plaintiffs allege the following: 8. Prior to January, 2018, FISHER was the reputed owner of the Residence, but was not on title at that time. 9. In about January 2018, FISHER'S son, Coye Fisher ("Coye"), contacted DUPLECHAN about purchasing the Residence. Coye had previou...

Excerpt: ...ts for admissions admitted is DENIED. The notice of motion does not provide notice of the Court's tentative ruling system as required by Local Rule 1.06(D). Counsel for Plaintiffs is ordered to notify Defendant's counsel immediately of the tentative ruling system and to be available at the hearing, in person or by telephone, in the event Defendant's counsel appears without following the procedures set forth in Local Rule 1.06(B). This, however, i...

Excerpt: ...Anthony Short's probation report pursuant to Penal Code section 1203.5 and motion to compel production of documents pursuant to subpoena is granted as set forth below. In this wrongful death action, Plaintiff seeks an order pursuant to Penal Code section 1203.5 granting her petition to copy Defendant Joseph Short's probation report and an order compelling the Sacramento County Probation Department to comply with her subpoena requesting the report...

Excerpt: ...h of contract, breach of warranty of habitability, and wages owed. Among other things, Scallin alleges that he was required to perform work on the property to make it habitable, and that he should be compensated for his labor. In June 2018, RRI served Scallin with its first sets of form interrogatories, special interrogatories, requests for admissions and document requests. Scallin's attorney did not timely object. In late July 2018, Scallin serv...

Excerpt: ...or Ridgestone Apartments, to the amended complaint filed on 10/30/18 is OVERRULED in part and SUSTAINED in part without leave to amend. Logos' further request for an order transferring this matter to the court's small claims division is DENIED. Plaintiff Kent Taylor's (Taylor) request for a continuance is DENIED. Although Taylor filed an extensive opposition on 1/04/19, he argues that an automobile collision on 12/20/18 caused him head trauma tha...

Excerpt: ...ce which is claimed to show the existence or non‐existence of a triable issue of material fact. *** Defendant/cross‐complainant Martinez's motion for summary judgment/adjudication on plaintiff's complaint is ruled on as follows. Although the notice of motion provided notice of the court's tentative ruling system as required by Local Rule 1.06(D), the notice does not comply with that rule. Moving counsel is directed to review the Local Rules, ...

Excerpt: ...itted on law and motion matters. *** *** If oral argument is requested in an attempt to obtain leave to amend, plaintiffs shall be prepared to specifically discuss the new or different facts which may now be alleged in good faith to overcome the deficiencies noted below. *** Defendants Samuel Merritt University (“SMU”), Sutter Health (“Sutter”) and Isaac Bristow's (“Bristow”) (collectively “Defendants”) demurrer to the Third Amend...

Excerpt: ...fliction of emotional distress, elder abuse and wrongful death in connection with an incident on August 28, 2017 when the Decedent, who was terminally ill from lung disease, received a morphine drip of 250 milligrams over less than 90 minutes, despite an order from his physician for a morphine drip at 1 milligram per hour. Defendant demurs to the second, third and fourth cause of action for NIED, IIED and elder abuse. However, Defendant's rep...

Excerpt: ...� 430.41. They have now done so. In this action Plaintiff alleges numerous causes of action against Defendant, including the Seventh Cause of Action for Wrongful Termination in Violation of Public Policy which is the subject of the instant demurrer. Plaintiff alleges that she began working for Cal Worthington as the business manager of the Worthington Dealership in Sacramento in 1987. (SAC ¶ 12.) She alleges that in 1991 she was moved to the cor...

Excerpt: ...strike Defendant's amended cross‐complaint. On December 6, 2018, the Court denied her motion for reconsideration of that ruling. On December 10, 2018, this Court granted Plaintiffs' motion for attorneys' fees pursuant to CCP § 425.16(c)(1) in the amount of $5,704.20. Defendant now seeks reconsideration of that order. As pointed out in opposition, while the proof of service states that the motion was served on the City Attorney on December 10, ...

Excerpt: ...nd others. Defendant seeks to compel this matter to arbitration pursuant to an arbitration agreement contained in the “GameStop C.A.R.E.S. Rules of Dispute Resolution Including Arbitration. (“CARES”). Plaintiff opposes the petition on the basis that the agreement is unconscionable and does not comply with Armendariz v. Foundation Health Psychare Services, Inc. (2000) 24 Cal.4th 83.) Defendant has been operating as a GameStop subsidiary and ...

Excerpt: ...ry 15, 2019 (though served on January 14.) On December 20, 2018, this Court granted Pacful's unopposed motion to compel. Plaintiff was ordered to serve verified responses, without objections, to Pacful's form interrogatories and requests for production (sets one) no later than January 3, 2019. The Court also granted Pacful's motion to deem matters in its requests for admissions admitted and awarded monetary sanctions. Defendants seek terminating ...

Excerpt: .... Trial is currently set to commence on 3/11/2019. Defendant avers that around the end of October 2018, it discovered that it inadvertently failed to include this affirmative defense in its November 2016 answer to complaint (despite the fact defendant had raised this same defense by demurrer in August 2016 and reasserting it in subsequent motions for summary judgment). Contending that plaintiffs have long been aware of defendant's theory this cas...

Excerpt: ...mpel compliance with Plaintiff's request for production yet the separate statement and accompanying papers indicate that Defendant interposed objections to the requests at issue (34‐40, 41 and 42) and did not agree to produce any documents. A motion to compel compliance is only proper where a party has agreed to produce documents but has failed to do so in compliance with its statement. (CCP § 2031.320(a).) As such, the motion at most can ...

Excerpt: ...on 9/1/2017. The caption on all filings should be identical to the original complaint regardless of the fact that some parties have been dismissed or added and/or that their true names have been subsequently discovered. Factual Background Plaintiffs allege that in October 2016 contractors hired by the City of Sacramento (“City”) trespassed onto plaintiffs' property and wrongfully and unnecessarily denuded a number of trees without notice or c...

Excerpt: ... On March 9, 2018, Guillermo Posada filed a class action complaint in Los Angeles Superior Court (“Posada”) against Defendant alleging labor code violations similar to the violations on which Plaintiff's PAGA claims are based. Defendant now moves to stay this action while the Posada action is pending so that the underlying labor code claims could be resolved before reaching the PAGA penalties in this action. On December 11, 2018, this Court g...

Excerpt: ...for the sale of illegal drugs, prostitution and public sex acts, and has become a haven for homeless people. Plaintiff also alleges that there has been an increase in burglary and theft. Plaintiff brings the complaint using the pseudonym “John Doe” because he wishes to maintain his privacy and has a fear for his safety. Plaintiff alleges that he lives in close proximity to the defendants and the property. Defendant moves to strike the complai...

Excerpt: ...alite's Employee Personnel Manual. Plaintiff does not dispute whether there is a valid arbitration agreement. Rather, Plaintiff insists that the arbitration agreement is unconscionable. Legal Standard The party seeking to compel arbitration bears the burden of proving the existence of a valid arbitration agreement. (Engalla v. Permanente Medical Group (1997) 15 Cal.4th 951, 972.) "Once that burden is satisfied, the party opposing arbitration ...

Excerpt: ...laintiff Lambert Davis (Davis) is suing Defendants for violation of the Unruh Civil Rights Act, CC §§ 51 and 52(a). Davis allegedly operates a company that produces and sells cheesecakes. He alleges that he sometimes provides individuals in professional athletics with cheesecakes in exchange for tickets to sporting events. Davis, who is African‐American, describes Krivacic as a Kings employee who currently serves as the Assistant Golden One B...