Excerpt: ...st 2: Admit that defendant's negligence was not a substantial factor in causing plaintiff's injuries. Request 3: Admit that defendant did not cause the collision that injured plaintiff. Request 4: Admit that plaintiff has no facts to support a contention that defendant's negligence caused her injuries. Plaintiff's single objection to each request was: "Objection. This Request seeks admission of an ultimate fact that is to be d...

Excerpt: ...ants' counsel is directed to contact Plaintiff's counsel forthwith and advise counsel of Local Rule 1.06 and the Court's tentative ruling procedure. If Defendants' counsel is unable to contact Plaintiff's counsel prior to the hearing, Defendants' counsel shall be available at the hearing, in person or by telephone, in the event Plaintiff's counsel appears without following the procedures set forth in Local Rule 1.06(B). Evidentiary Objections Pla...

Excerpt: ...laintiff was involved in a motor vehicle accident which resulted, in part, on his left leg being amputated. In his November 2016 discovery responses, Plaintiff asserted that he has been unable to use the prosthesis due to his back injury. Assuming that his back injury improves, Plaintiff contends that he will have to be refitted for another prosthesis in the future, which costs approximately $45,000. On 6/12/2018, the Court granted, in part, and ...

Excerpt: ...inutes Orders, ROA No. 116) A trial court may, in its discretion, dismiss an action for delay in prosecution under the provisions of California Code of Civil Procedure §§583.410‐583.430, either on its own motion or on the defendant's motion, if it appears appropriate to the court under the circumstances of the case. (Cal. Code Civ. Pro § 583.410(a).) A discretionary dismissal for lack of prosecution must be made in accordance with rules ...

Excerpt: ...ded Cross‐complaint alleges 14 causes of action arising from disputes between the shareholders and directors of 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, plaintiff Harry McGovern, and James Coppini. The Carters allege in their SACC that, between 2007 and 2016, McGovern and former MCM director, James Coppini, ca...

Excerpt: ...fendants' counsel is directed to contact Plaintiff's counsel forthwith and advise counsel of Local Rule 1.06 and the Court's tentative ruling procedure. If Defendants' counsel is unable to contact Plaintiff's counsel prior to the hearing, Defendants' counsel shall be available at the hearing, in person or by telephone, in the event Plaintiff's counsel appears without following the procedures set forth in Local Rule 1.06(B). Evidentiary Objections...

Excerpt: ...aintiff alleges that she suffered injuries and disabilities as a result of a rape by a colleague and Defendants failed to provide her a reasonable accommodation, failed to engage in the interactive process and retaliated against her when they used performance issues as a pretext to terminate her. Defendants issued subpoenas to Plaintiff's subsequent employers (Lundberg Family Farms and Blood Source) and MB Public Affairs, Inc., where she applied ...

Excerpt: ...thout prejudice. The motion is premature and is more appropriately addressed to the trial court as a motion in limine. The notice of motion does not provide notice of the Court's tentative ruling system, as required by Local Rule 1.06(A). Morrison's counsel is directed to contact Plaintiffs' counsel forthwith and advise counsel of Local Rule 1.06 and the Court's tentative ruling procedure. If Morrison's counsel is unable to contact Plaintiffs' co...

Excerpt: ...e Attorneys General Act (“PAGA”) claims. Defendants move on the grounds that (1) Plaintiff's individual claims are subject to final and binding arbitration pursuant to a valid and enforceable agreement between the parties to arbitrate; and (2) Plaintiff's purported representative PAGA claims are expressly prohibited pursuant to a valid and enforceable representative action waiver between the parties. In the alternative, if the Court finds the...

Excerpt: ... no later than the date the opposition to the demurrer is due. (CCP § 472(a).) The opposition was due on September 5, 2018 and no stipulation has been presented to the Court. The Court therefore strikes the first amended complaint filed on September 6, 2018, on its own motion. The Clerk is directed to strike the first amended complaint. In this action, Plaintiff alleges that she suffered injuries while attending a concert at the Crest Theatre. S...

Excerpt: ...nts allege that the third cause of action is based on managerial actions that do not constitute harassment as a matter of law, and the claim does not allege sufficient facts demonstrating the harassment was severe and pervasive. Defendants' motion is ruled upon as follows. Plaintiff's TAC was filed on June 21, 2018, and alleges causes of action for disability discrimination, failure to accommodate, and harassment. Factual Background This case is ...

Excerpt: ...f has served a notice for the deposition of defendant's PMK on 44 topics which correspond to each of defendant's 44 “purported” affirmative defenses. The notice also seeks all documents the “evidence, refer or relate to,” “support” and/or “negate” each of defendant's 44 “purported” affirmative defenses. Defendant now seeks a protective order preventing this PMK deposition from going forward on the ground that the protective or...

Excerpt: ...2 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.4th at 1117‐18; see also Fontenot v. Wells ...

Excerpt: ...“City”) demurrer to the First Cause of Action of the First Amended Complaint (“1AC”) is OVERRULED, as follows. Factual Background In this action plaintiff alleges that while she was physically incapacitated by an epileptic seizure and otherwise restrained for transport to the hospital, defendant Evans, a paramedic from the Sacramento Fire Department (“SFD”), made inappropriate remarks about and fondled plaintiff's breasts in the prese...

Excerpt: ...f to a Kaiser hospital where he was prescribed Ibuprofen prior to his intake with the Sheriff's Department. (Compl. ¶ 14.) The following day, Plaintiff was in pain and seen by correctional medical staff with the Sheriff's Department. Plaintiff was offered the medication Naproxen for pain by the MD, but Plaintiff declined stating he was allergic to the drug. (Compl. ¶ 15.) Plaintiff was released later that same day. Plaintiff alleges defendants ...

Excerpt: ...c). Factual Background This action arises from the marital dissolution proceedings between plaintiff and his wife. Plaintiff, a licensed attorney, for the most part represented himself while his wife was primarily represented by defendant DeCuir. It appears the dissolution proceedings in El Dorado County were rather contentious in numerous respects. Plaintiff's complaint filed on 3/5/2018 purported to allege against DeCuir only causes of action f...

Excerpt: ...on the ground there was no valid service of summons and complaint. More specifically, defendant claims he did not reside at the address where the substituted service was allegedly made and that he never received actual notice of this lawsuit until he received notice of the judgment's renewal, which had been mailed to his mother's house. Analysis. At the outset, the court notes that although the filing of a proof of service may give rise to a “p...

Excerpt: ...ach of contract requires pleading of a contract, plaintiff's performance or excuse for failure to perform, defendant's breach and damage to plaintiff resulting therefrom. [Citation.]” (McKell v. Washington Mutual, Inc. (2006) 142 Cal.App.4th 1457, 1489.) In evaluating a motion for summary judgment or summary adjudication the court engages in a three step process. The Court first identifies the issues framed by the pleadings. The pleadin...

Excerpt: ...37c, subd. (q).) In this personal injury action, plaintiff Debra Ruth Bensema (“Plaintiff”) alleges she was injured after she tripped and fell on a floor mat in Defendant's restaurant. Plaintiff alleges the door mat was defective and created an unsafe walking surface. Plaintiff has alleged a single cause of action for negligence (premises liability) against Defendant. Defendant now moves for summary judgment on the grounds that Plaintiff has ...

Excerpt: ...adjudication, is granted. Defendants' request for judicial notice is granted. In this employment action, Plaintiff Jessica McNary who was a licensed vocational nurse with the UC, alleges FEHA causes of action for failure to accommodate, failure to engage in the interactive process, harassment, retaliation, violation of Labor Code § 1102.5, violation of Health & Safety Code § 1278.5, violation of 42 USC § 1983, failure to prevent harassment/dis...

Excerpt: ...l Center (collectively, “Sutter”) is granted as follows. Plaintiffs allege Defendants engage in the "illegal practice of dumping vulnerable nursing facility residents into hospitals." (Third Amended Complaint (TAC) ¶ 1.) According to Plaintiffs, Defendants "dump" their neediest residents and, to maximize profits, refuse to readmit them. Such a practice allegedly violates state and federal law, which require "facilities to...

Excerpt: ... of the contents therein. This case originates from a motor vehicle accident that occurred on February 3, 2015, in the city of Citrus Heights, California. Plaintiff Bahareh Angela Shivazad and Plaintiff Aidan Moez Ardalan were in a vehicle that was struck by Defendant Cynthia Ann Pelley. At the time, Defendant Pelley was working for Defendant Allstate. Plaintiffs allege that Defendant Pelley was taking a prescribed dosage of Mirapex for “restle...

Excerpt: ...ent of Motor Vehicles (“Respondent”) and operated by one of the Respondent's employee. Following the collision, Petitioner and her insurance agent, Jack Kandola, reached out to DGS. (Laskin Decl. ¶ 5.) Kim Clark, a DGS Risk Analyst, requested information from Petitioner about the accident, and this was provided to DGS. (Laskin Decl. ¶ 5; Clark Decl. ¶ 1.) Six months later, Petitioner was awaiting documentation from her employer to support ...

Excerpt: ...��Plaintiff”) failed to comply with CCP § 1005 by filing an untimely opposition on September 4, 2018, only three days before the hearing on this matter and served the opposition on Defendant that same day by mail. The Court notes Plaintiff argues his opposition was late because he was not served with this motion. However, the proof of service provided with Defendant's motion indicates Plaintiff was served by mail on August 21, 2018. Nonetheles...

Excerpt: ..., (4) Kin Care Discrimination, (5) Wrongful Discharge in Violation of Public Policy, (6) Wage Statement Violations, (7) Failure to Provide Payroll Records Upon Request, (8) Failure to Provide Personnel File Upon Request, and (9) Unfair Competition. See Shimoda Decl., ¶ 4; Exhibit C. At about the same time, plaintiff provided notice to the LWDA and employer concerning the PAGA claims. Plaintiff eventually became authorized to file a civil action ...