Excerpt: .../29/2018 defendant Krivacic, described as the Box Office Manager at the Golden One Center, “reached the arbitrary, irrational conclusion that [plaintiff]…was scalping Sacramento Kings tickets” and then made a false statement to his staff (and possibly others) about plaintiff “scalping” Sacramento Kings tickets. The 1AC adds that in a 2017 lawsuit plaintiff made essentially the same allegation against defendant Krivacic, who was in 2015 ...

Excerpt: ...follows. This action arises from orders obtained by the Office of the Attorney General (the “AG”) requiring three charities, MAP International (“MAP”), Catholic Medical Mission Board (“CMMB”), and Food for the Poor (“FFP”), to cease and desist certain solicitations that were based on how these charities accounted for donations called “Gifts in Kind” or “GIKs.” Each charity immediately complied with the order, but appealed ...

Excerpt: ...s, intentional interference with prospective and economic advantage, and unfair competition. PEM alleges that after having their employment with PEM terminated, defendants Varner, Granados, Lucia and Garcia breached their confidentiality agreement with PEM by soliciting PEM's customers and inducing them to enter into residential mortgage agreements with AMEC. According to the moving papers, AMEC has now agreed to settle the claims asserted by PEM...

Excerpt: ...statement regarding the results of those efforts. The Parties have filed the joint statement indicating the issues that were resolved and those that remain. The motion to compel is now ruled upon as follows. Factual and Procedural Background This case involves allegations against six skilled nursing facilities (Cathedral Pioneer Church Homes II, Congregational Church Retirement Community, Bixby Knolls Towers, Inc., Gold Country Health Center, May...

Excerpt: ...., § 437c, subd. (q).) Factual Background This action arises from Defendant's employment of plaintiff Lisa Casey. Plaintiff was employed as a night manager in the Emergency Department (“ED”) at Defendant's Morse Avenue hospital from 2008 to 2015. One of Plaintiff's nurse subordinates (nurse John Doe) had received a DUI and wanted to participate in an alcohol abuse treatment program (the “diversion program”) with a company called Maximus ...

Excerpt: ...ailable by COURTCALL, to participate in oral arguments. Defendant County of Sacramento's (named herein as Sacramento County Main Jail) (“Defendant”) motion to dismiss plaintiff Dena Marks' (“Plaintiff”) complaint for failure to serve Defendant within three years is UNOPPOSED and is GRANTED. Plaintiff filed her complaint against Defendant on July 15, 2013. (ROA 1.) To date, Plaintiff has never served Defendant with the complaint. Defendant...

Excerpt: ...emurrer to the complaint is SUSTAINED IN PART and OVERRULED IN PART, with leave to amend, as follows. Defendant's counsel failed to comply with CRC Rule 3.1110(b)(3)‐(4). Defendant's counsel is reminded that the meet‐and‐confer requirements of Code of Civil Procedure §430.41 are not optional and s/he must comply with the statutory meet ‐and‐confer requirements before filing a demurrer including but not limited to “identify [ing] all ...

Excerpt: ...34; Plaintiff alleges she was not paid for all hours worked. "Specifically, she was not paid for all non‐drive time. Defendants deducted an hour of non‐drive time in calculating Plaintiff's non‐drive time." (Complaint ¶ 8) Plaintiff also alleges she was not afforded "lawful meal and rest breaks free from duty. She alleges "Plaintiff's wage statements do not evidence that Plaintiff was paid a separate hourly rate for...

Excerpt: ...onsolidated wage‐and‐hour putative class action. Andrea Spears (“Spears”) and Tomas R. Arana (“Arana”) (collectively “Plaintiffs”) are the named plaintiffs. Defendant Health Net of California, Inc. (“HNCA” or “Defendant”) is the moving party seeking summary adjudication here. Plaintiffs allegedly served as hourly, non‐exempt employees in HNCA call centers. Arana allegedly was promoted to a salaried, exempt position in or...

Excerpt: ...urance Company of Wisconsin's demurrer to pro per Plaintiff Sirree Wyatt's first amended complaint (“FAC”) is ruled upon as follows. This is a breach of contract and bad faith action. Plaintiff alleges his car was stolen during the policy period, but Defendant denied Plaintiff's claim. Plaintiff alleges that on March 13, 2017, he appeared for a deposition with his counsel. Defendant's representative did not appear because she believed the dep...

Excerpt: ...liber Bodyworks, Inc. v. Superior Court (2005) 134 Cal.App.4th 365, 384‐385 ["The appropriate procedural device for challenging a portion of a cause of action seeking an improper remedy is a motion to strike."]) As such, it is appropriate to bring a motion to strike when a complaint improperly seeks punitive damages. (Id.; see also Venice Town Council, Inc. v. City of Los Angeles (1996) 47 Cal.App.4th 1547, 1561‐1562; Grieves v. Sup.C...

Excerpt: ... does not have personal jurisdiction over defendant Masters because defendant Masters has no minimum contacts with the State of California. This case is one of three lawsuits that have been and are being litigated by plaintiff David Masters against his father, defendant Roy Masters, and his brothers Alan and Michael Masters regarding a nonprofit corporation known as The Foundation of Human Understanding ("FHU"). Michael is a resident of t...

Excerpt: ...rated by her father, co‐plaintiff Serget Kalinovskiy. Defendant Gurwinder Singhrana (“Singhrana”) was also operating a tractor and trailer rig. Plaintiffs allege that Singhrana and co‐defendant Ranu Bros Transport, Inc. (“RBT”) owned/operated the rig. Plaintiffs allege that Singhrana collided with the rig in which Victoria was a passenger, causing her death. Yelena alleges that she has sustained a “loss of love, companionship, comfo...

Excerpt: ...re involved in a two vehicle accident at the intersection of SR 16 and Eagles Nest Road in Sacramento. Cross defendant Gregory S. Lagoda was driving a vehicle on Highway 16 that hit plaintiff's vehicle as plaintiff was proceeding through the intersection. Plaintiff alleges that Ali failed to stop completely and proceeding through the intersection in a negligent manner. Ali contends that he stopped the vehicle at the intersection stop sign, an...

Excerpt: ... CSAA Insurance Exchange's (CSAA) medical expert is GRANTED in part and DENIED in part as follows: Burks and CSAA are involved in an underinsured motorist arbitration. CSAA retained Mark Hambly, M.D. (Dr. Hambly), a spinal surgeon, to testify about Burke's injuries, pre‐existing conditions, causation, treatment and prognosis. When CSAA disclosed Dr. Hambly as its medical expert, it asserted that “Dr. Hambly's rate for deposition is $1,000 an ...

Excerpt: ...Both moving and opposing parties failed to comply with CRC Rule 3.1110(b)(3)‐(4). Both the moving and reply memoranda fail to comply with CRC Rule 3.1113(d)‐(e) but they were nevertheless considered. Plaintiffs' “Objections to Defendants' Motion” are overruled. To the extent these are construed as objections to defendants' evidence, the court notes that many are not actually directed at “evidence.” Plaintiffs' objections to the “new...

Excerpt: ... DROPPED in part as moot. Dr. Klaisle's further motion for an order compelling a further written response to Document Request No. 19 is GRANTED. Background Facts/Procedure The court previously summarized this lawsuit as follows: This case presents a business dispute. The plaintiffs are Dr. Klaisle, M.D. and Deborah Klaisle M.D., a Professional Corporation… . The business in question is a “medical marijuana evaluations practice” (Practice). ...

Excerpt: ...es of action for negligence, battery, assault, false imprisonment, and intentional infliction of emotional distress arising out of being tackled and detained by security personnel at a Goodwill store in Redding. The Court previously granted Defendant's unopposed motion to strike related to Plaintiff's complaint and also granted Defendant's second opposed motion to strike related to Plaintiff's first amended complaint ("FAC"). Defe...

Excerpt: ...vehicle operated by defendant Williams and another operated by defendant Erik Gontar but owned by his father, Anatoliy. Trial is currently set to commence on 9/10/2018. Defendant Williams has agreed to pay one‐half of plaintiff's claimed damages, or just over $10,300, in exchange for a release and dismissal. Williams seeks by this motion a good faith determination which would effectively bar Erik and Anatoliy Gontar's respective cross‐complai...

Excerpt: ... law and motion matters. *** *** If oral argument is requested in an attempt to obtain leave to amend, plaintiff 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. *** Defendant Sacramento City Unified School District's (“District”) demurrer to plaintiff Coleman's Fourth Amended Complaint (“4AC”) is SUSTAINED without leave to amend, as follo...

Excerpt: ...ED in part. Wells Fargo's request for judicial notice of court documents, recorded land documents and an agreement cited in the FAC is GRANTED. In taking judicial notice, the court accepts the fact of these documents' existence and the fact of their contents. It does not accept the truth of the contents, including the truth of an amount asserted to be the arrears on a promissory note. (See RJN, Exh. I, pp. 3, 5; See Scott v. JPMorgan Chase Bank, ...

Excerpt: ...ollows. This matter was continued from August 21, 2018, to today's date to permit Defendants to file a reply to Plaintiff's late‐filed opposition, which was filed only two days prior to the hearing. Defendants have not filed any reply. 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) ...

Excerpt: ...predecessor law firm (Radoslovich Parker Turner). Defendant has demurred to the second cause of action for elder abuse on the grounds that it fails to state facts sufficient to constitute a cause of action (Code Civ. Proc. § 430.10(e)) and is uncertain (Code Civ. Proc. § 430.10(f)). Legal Standard The rules applicable to demurrers require that pleadings are to be liberally construed. (CCP § 452.) A demurrer admits the truth of all material fac...

Excerpt: ...er 3, 2016, to March 31, 2018, and that during that time, Defendants withheld care and services, resulting in injuries and Plaintiff's ultimate death. Plaintiff's complaint alleges causes of action for elder abuse and negligent hiring/supervision. Mr. Murch is the CEO of Eskaton, Ms. Donovan is the Secretary of Eskaton, and Mr. Pace is the CFO of Eskaton. (Complaint ¶¶ 4‐6.) Defendants demur only to the first cause of action for elder abuse o...

Excerpt: ...case arises indirectly from a dispute between a national fraternal organization (“National Grange”) and individuals formerly operating its subordinate, constituent unit in the State Grange. On April 5, 2013, the National Grange revoked the State Grange's charter and restored it, under new leadership, in July 2014. The revoked State Grange has changed its name to “The California Guild.” (“Guild”). Considerable litigation ensued bef...