Excerpt: ...mons and complaint and had no notice of this lawsuit until 7/28/2018, when she received plaintiff's application to renew the judgment against her. Specifically, defendant claims that personal service of the summons and complaint on the date listed in the proof of service did not occur because (1) the physical description found in the proof of service (35 year old female with brown hair, 5 feet 7 inches tall and 160 pounds) does not match defendan...

Excerpt: ...g the federal action. The tentative ruling was then vacated and the matter was continued to today's date for a ruling on the merits of the matter. Defendant County of Sacramento, Correctional Health Services' (the “County”) demurrer to plaintiff Eric Alston's complaint is now ruled upon as follows. The County's request for judicial notice is GRANTED. This action arises from Plaintiff's arrest on or about November 21, 2017, following an alterc...

Excerpt: ...18, is granted. In taking judicial notice of this document, the Court accepts the fact of its existence, not the truth of its contents. This whistleblower action arises from an alleged assault that occurred in December 2016, wherein Plaintiff, a legislative aide in the Senate, was raped by a colleague, a legislative aide to an Assemblyman, after having been out with a group of colleagues and friends for dinner and drinks. (FAC ¶¶ 10, 11.) Plain...

Excerpt: ...f this document, the Court accepts the fact of its existence, not the truth of its contents. Defendant's request for judicial notice of its form interrogatories (employment law) to Plaintiff and Plaintiff's responses thereto is denied. Defendant's request for judicial notice submitted in support of its reply as to a printout from the Anxiety and Depression Association of America is denied. As noted in Jolley v. Chase Home Finance, LLC (2013) ...

Excerpt: ...*** Cross‐defendant Department of Parks & Recreation's (“Parks”) demurrer to the First Amended Cross‐ Complaint (“1ACC”) of Fresno County Economic Opportunities Commission (“FEOC”) is SUSTAINED with leave to amend, as follows. Factual Background 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 term...

Excerpt: ...tion (collectively "Defendants") is SUSTAINED, without leave to amend. Overview The plaintiffs in this case are Gloria Single (“Single”) and California Long Term Care Ombudsman Association (“CLTCOA”) (collectively "Plaintiffs"). CLTCOA consists of local long‐term care ombudsman programs, staff, volunteers and supporters. CLTCOA advocates for long‐term care recipients such as Single. Ms. Single is in her 80s. Plaintiffs...

Excerpt: ...ed to comply with CRC Rule 3.1110(b)(4). The court notes that plaintiffs paid only one $60 filing fee in connection with this motion, although it seeks at least two (2) different orders (i.e., to compel compliance with prior order and to permit deposition after discovery cutoff). A separate filing fee is required for each. (Gov. Code §70617(f).) This lawsuit arises from a business transaction whereby plaintiffs purchased for $1.5 million the ass...

Excerpt: ...oss‐ Petition to Correct or Vacate the Arbitration Award are ruled upon as follows. 1. Overview This is an action for fraud, negligent misrepresentation, negligent/intentional breach of fiduciary duty, breach of contract of the Amended and Restated Buy‐Sell Agreement, breach of contract of the Amended and Restated Shareholder Employment Agreement, breach of implied covenant of good faith and fair dealing, common count, and accounting Applebla...

Excerpt: ...c)(1)(A).) On a plaintiff's motion for judgment on the pleadings, the Court must disregard all controverted allegations in the complaint and accept all facts properly pleaded in the answer. (Sebago, Inc. v. City of Alameda (1989) 211 Cal.App.3d 1372, 1379‐1380.) "A motion by plaintiff for judgment on the pleadings is in the nature of a general demurrer, and the motion must be denied if the defendant's pleadings raise a material issu...

Excerpt: ...ation and began receiving injections in his eyes. He alleges that [CPCC] compounded the injected drug‐‐Bevacizumab‐‐and sold it to [codefendant] Vitreo, which administered the injections. Bevacizumab is an “off label use of Avastin.” [Citation.] According to Gelso, he received an injection from a syringe that CPCC supplied and that was contaminated with silicone. The contamination allegedly damaged his vision. He alleges Vitreo knew a...

Excerpt: ...ant Perdue Foods, LLC's demurrer to Plaintiffs Esther Fay Suckle as Trustee of the Suckle 1999 Living Trust, et al.'s Complaint is ruled upon as follows. Overview This is an action for breach of a purchase and sale agreement (“PSA”) between Defendant and Plaintiffs over the Defendant's use of groundwater. Plaintiffs allege that in May 2011, Defendant's affiliate called “Petaluma Acquisition, LLC” (“Petaluma”) entered into a lease agre...

Excerpt: ...laintiffs are Mina Habal (Habal) and Rona Ayub (Ayub) (collectively “Plaintiffs”). Plaintiffs contend that the vehicle Habal was driving was struck from behind on the freeway. Ayub was Habal's passenger. Both Plaintiffs allege physical and emotional injuries. In their original, Judicial Council form complaint filed in October 2016, Plaintiffs only named Nathan G. Levinson (Levinson) as a defendant. Plaintiffs alleged that Levinson was liable ...

Excerpt: ...nostic & Solutions, Inc. (Advanced Pain) (collectively “Defendants”) is SUSTAINED in part and OVERRULED in part. Overview This case encompasses employment disputes and a dispute between a patient and healthcare providers. The plaintiffs are Joanne Davis (Davis), Mariah Florez (Florez) and Mary Tovar (Tovar) (collectively “Plaintiffs”). Davis alleges that Defendants, as well as Co‐Defendant Derrick Mullin, R.N. (Mullin), provided her wit...

Excerpt: ...Pacific) is OVERRULED. Overview This case presents an employment dispute. The plaintiff and former employee is Nazareth Howard III (Howard), who is African‐American. Pacific is the defending employer. In the first amended complaint (FAC), Howard alleges that a fellow employee “called [him] a stupid ‘N‐word'” after he asked for assistance while learning to cut fish. (FAC, ¶¶ 10, 11.) Howard further alleges that he informed Human Resour...

Excerpt: ...unctive relief and civil penalties in connection with the subject property located at 6136 Demonte Way in Elk Grove. Plaintiffs seek to have the subject property declared a public nuisance as a result of violations of numerous laws including drug house abatement laws. Plaintiff alleges that Defendant owns the subject property which has been home to a number of tenants and occupants and that the City has received over 100 complaints from neighbors...

Excerpt: ...ne of Union Pacific's trains, which was being operated by Union Pacific's employees Timothy R. Thompson, Fredrick A. Ratliff, and Chris M. Wright. Decedent's two successors in interest, Elizabeth Brown and Don Johnson (“Plaintiffs”), have sued Union Pacific and its three employees alleging negligence in the operation of a motor vehicle, general negligence, and premises liability. On April 6, 2018, Plaintiff propounded its first set of written...

Excerpt: ...position and reply. Defendant seeks to prevent the deposition of his wife, Jacqueline Gutierrez, from going forward. This action arises from a September 24, 2016 accident. Plaintiff alleges he was crossing the street in a wheelchair when the tractor‐trailer Bemardo Raul Gutierrez, Jr.'s ("Mr. Gutierrez") was driving, in the course of his employment with CR. England, Inc., struck the wheelchair. Jacqueline Gutierrez ("Mrs. Gutier...

Excerpt: ...sition was due no later than September 7, 2018. (CCP 437c(b)(2).) In addition, there is no proof of service of the opposition on Defendant. The court in its discretion may refuse to consider these papers in ruling on the motion. Weil and Brown Cal Prac Guide Civ Proc Before Trial (2017 The Rutter Group) para. 9:105:4 (citing CRC rule 3.1300(d); see also Sacramento Local Rule 2.31(C)). In this employment action, Plaintiff alleges causes of action ...

Excerpt: ...ch a motion to expunge is brought the burden is on the party opposing the motion to show the existence of a real property claim. Kirkeby v. Superior Court, (2004) 33 Cal. 4th 642, 647. A "real property claim" is defined in Code Civ Proc § 405.4 as “the cause or causes of action in a pleading which would, if meritorious, affect (a) title to, or the right to possession of, specific real property or (b) the use of an easement identified i...

Excerpt: ...f seeks to compel Defendant to provide full and complete responses to certain requests for production (set one). Requests nos. 12‐13, 18‐19, 24‐25, and 28‐37 relate to Defendant's investigations and analysis regarding the defects. Requests 7, 79‐83, and 96 relate to Defendant's warranty and repurchase policies. Defendant interposed numerous objections to the requests for production, including objections based on relevance, burden and op...

Excerpt: ...of ruling on this motion but is then reinstated to continue in effect until the arbitrator's filing of a statement of decision. Defendants' Evidentiary Objections to the Declaration of Malanga are sustained. This is a construction defect cause brought by a number of homeowner plaintiffs. Plaintiffs Willie and Robin Bailey (“Baileys”) are original purchasers while the remaining plaintiffs are subsequent purchasers. Plaintiffs filed thi...

Excerpt: ...einstated to continue in effect until the arbitrator's filing of a statement of decision. Defendant's Request for Judicial Notice is granted. Lyon's Evidentiary Objections to the Declaration of Malanga are sustained. Plaintiffs filed their Complaint on January 8, 2016 and their First Amended Complaint ("FAC") on March 8, 2016. (RJN, Exhs. M‐N.) The FAC asserts a single cause of action for violation of building standards for ...

Excerpt: ...f action against several defendants. Plaintiffs substituted Mr. Lynch as Doe Defendant 1 on October 21, 2015. (ROA 33.) Plaintiffs' complaint alleges the following six causes of action against Mr. Lynch: (1) personal injury ‐ strict product liability; (2) wrongful death ‐ strict product liability; (3) personal injury ‐ negligence; (4) wrongful death ‐ negligence; (5) survivors' action ‐ negligence; and (6) loss of consortium. Mr. Lynch ...

Excerpt: ...nc. 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 except to the extent such facts are beyond reasonable dispute. (See Poseidon Devel., supra, 152 Cal.App.4t...

Excerpt: ...reement. (Engalla v. Permanente Medical Group (1997) 15 Cal.4th 951, 972.) "Once that burden is satisfied, the party opposing arbitration must prove by a preponderance of the evidence any defense to the petition.” (Sparks v. Vista Del Mar Child and Family Svcs. (2012) 207 Cal.App.4th 1511, 1517.) 2. Analysis Defendant moves to compel arbitration pursuant to the Mutual Arbitration Agreement (“Agreement”) which Plaintiff signed when she b...