Excerpt: ...es' meal and rest period premiums, overtime, and double time rates of pay because it did not properly account for shift differentials in those calculations. The Complaint also alleges that Defendant failed to provide Plaintiff and similarly situated aggrieved employees with legally compliant itemized wage statements showing the full name of the legal entity that was their employer, the accurate total hours they worked each pay period, the app...

Excerpt: ...f action cannot support punitive damages because the fraud claim is insufficiently pled as argued in its demurrer and thus there is no basis for punitive damages. However, since the Court has concluded that the fraud claim was sufficiently pled, the motion to strike punitive damages is must be denied for the same reasons the demurrer was overruled. (See, e.g. Johnson v. Ford Motor Co. (2005) 35 Cal. 4th 1191.) Fraud is a cause of action which pro...

Excerpt: ...hinn's demurrer to Plaintiff Edith Montanez's complaint is ruled upon as follows. Defendant's request for judicial notice is granted. In taking judicial notice of the recorded land documents, 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; Kalnoki v. First American Trustee Servicing Solutions LLC (2017) 8 Cal.App.5th 23, 36‐37 [trial...

Excerpt: ...and Dean Rose's (collectively “Defendants”) demurrer to Plaintiffs Ralph (“Ralph”) and Kirsten Richardson's (collectively “Plaintiffs”) first amended complaint (“FAC”) is ruled upon as follows. Plaintiffs' request for judicial notice is granted. Overview This action involves the sale/purchase of a home. Plaintiffs allege that in early 2013, the entered into an oral agreement wherein Defendants would purchase the property (“Prope...

Excerpt: ...ento County Jail, he was treated for injuries allegedly sustained before and after he was arrested. Plaintiff alleges that defendant Candalla, who served as plaintiffs treating nurse through the Sacramento County Correctional Health Services, offered him the medication Naprosyn, even though he told her he was allergic to it. Plaintiff alleges at ¶ 20 of the Complaint that Candalla told him it would take too long to look at his medical records an...

Excerpt: ...section. Plaintiff has named City in the 1st cause of action for Motor Vehicle Negligence, the 3rd Cause of action for Dangerous condition of public property, and the 4th Cause of action for General Negligence based on alleged failure to maintain the traffic lights. “Except as otherwise provided by statute,” a “public entity is not liable for an injury, whether such injury arises out of an act or omission of the public entity or a public em...

Excerpt: ...in their role as Plaintiffs' financial advisor, induced them to invest their money in two faulty investments: (1) an oil well project that appears to have been a Ponzi scheme, and (2) the Donnelly Fund, which had already lost all its employees and was under investigation for fraudulent bankruptcy filings when Plaintiffs invested. Plaintiffs allege they lost a large portion of their retirement savings as a result of their faulty investments. As Pl...

Excerpt: ...perly removed items from the property and failed to repair damage, failed to clean the carpet and left garbage at the property. Plaintiff seeks to add causes of action for intentional and negligent misrepresentation as a result of Defendants' deposition testimony in May 2018 in which he contends they admitted to altering the condition of the property and removed items between the time the property was listed for sale and the time the contract was...

Excerpt: ... for harassment based on gender and mental disability and IIED against Defendant Thomas. Plaintiff was hired as a lab technician in November 2013. Defendant Thomas became his supervisor in February 2014. Plaintiff was promoted to lead lab technician/foreman a position he held until December 2015 when he was demoted back to lab technician as a result of a December 4, 4015 meeting regarding a corrective action he received after accumulating points ...

Excerpt: ... and during her employment, she was exposed to hazardous chemicals on the job. Plaintiffs allege that as a result of her exposure, Seanne developed injuries to her internal organs, including multiple myeloma. Plaintiffs bring causes of action against Grafsolve and multiple other defendants for (1) negligence, (2) failure to warn, (3) design defect, (4) fraudulent concealment, (5) breach of implied warranties, and (6) loss of consortium. Grafsolve...

Excerpt: ... private nuisance, constructive eviction, NIED, negligence and violation of Business & Professions Code § 17200. The action arises from Plaintiffs' tenancy at the Palms Apartment. They allege that their unit suffered from water intrusion which allowed mold to grow and which they contend breached the warranty of habitability. The FAC contained causes of action for negligence per se, constructive eviction, nuisance, violation of Business & Profess...

Excerpt: ...to amend in part as set forth below. Defendant's request for judicial notice is granted. In this employment action, Plaintiff alleges FEHA related causes of action for disability discrimination, retaliation, failure to accommodate and failure to engage in the interactive process. She also alleges a cause of action for wrongful termination in violation of public policy. The Court has twice previously sustained Defendant's demurrer with leave to am...

Excerpt: ...ed to point to specific admissible evidence which is claimed to show the existence or non‐existence of a triable issue of material fact. *** Defendants Department of State Hospitals (“DSH”), Mark Grabau and Heather Riis' (collectively “Defendants”) motion for summary adjudication of plaintiff's causes of action for disability discrimination and violation of the California Whistleblower Protection Act at Government Code §8547 et seq. (�...

Excerpt: ...ts Randy David Barnes, Jeri F. Barnes, and Central Valley CDL Services, LLC (collectively, “Defendants”): the 1st for conversion of assets from Folsom Ready Mix ‐ Anderson, the 2nd for conversion of assets from Folsom Ready Mix, Inc., the 3rd for breach of fiduciary duty, the 4th for negligence, the 5th for constructive fraud, the 6th for conspiracy to defraud, the 7th for unjust enrichment, the 8th for imposition of constructive trust, the...

Excerpt: ...fees between Plaintiffs and Defendant. The Court notes that it granted Defendant's special motion to strike Plaintiffs' complaint on August 2, 2018. Defendant's cross‐complaint for conversion, fraud and money had and received remains pending. Plaintiffs move to disqualify Defendant's counsel on the basis that counsel has an irreconcilable conflict of interest after appearing in Plaintiff William Palmer's divorce proceeding and acting as the set...

Excerpt: ...laintiffs allege that Alfadel's relationship with FedEx commenced in 2008 when Alfadel obtained a position managing a FedEx shipping route belonging to a friend. Alfadel began buying FedEx delivery routes through his different corporations. Alfadel owns and operates several Sacramento‐based transportation businesses, including J&J. Plaintiffs allege that "[a] substantial portion, if not all, of Alfadel's revenue is derived from cont...

Excerpt: ...ll be addressed at the hearing and the parties should be prepared to point to specific evidence which is claimed to show the existence or non‐existence of a triable issue of material fact. *** Defendants Sacramento City Unified School District, Andrea Nava, Michael Kirkendoll and Yanely Hinojosa's (collectively “Defendants”) motion for summary judgment is ruled upon as follows. In this action, Plaintiffs Ahryah Ward (“Ahryah”), a minor,...

Excerpt: ...this action is granted. The Court previously granted, with leave to amend, the motion for judgment on the pleadings filed as to the Original Complaint. The Court found that the allegations of the Complaint were not sufficient to allege that the individual defendant, Joon Kong, was plaintiff's employer. Defendants contend that the FAC has not cured the defects and that no viable cause of action is alleged against Defendant Joon Kong. Plaintiff...

Excerpt: ... Center d/b/a Cost‐U‐Less Insurance Center ("Cost‐U‐Less"), as a broker of insurance policies, allegedly engages in the systematic practice of issuing entirely new and superfluous policies to obtain broker fees when Plaintiffs only required a simple amendment to a previously issued policy. The FAC also alleged claims regarding allegedly unlawful deposits charged by defendants when policies were purchased. The Complaint was filed A...

Excerpt: ...984) 153 Cal.App.3d 902, 905.) The Court cannot consider the extrinsic evidence on a demurrer. (See, e.g. Ion Equipment Corp. v. Nelson (1980) 110 Cal. App. 3d 868, 881; Hibernia Savings & Loan Soc. v. Thornton (1897) 117 Cal. 481, 482.) Although a court is authorized to take judicial notice in connection with a demurrer ( Code Civ. Proc., § 430.30, subd. (a)), it may not judicially notice the truth of assertions in declarations or affidavits fi...

Excerpt: ...* Defendants Lawrence Lee ("Lee") and Equitech, Inc.'s ("Equitech")(collectively "Defendants") demurrer to Plaintiffs' second amended complaint ("SAC") is ruled upon as follows. This is an action for breach of fiduciary duty, fraud, constructive fraud, and conversion. Plaintiffs Robert Tellesen ("Tellesen"), J. Paul Muizelaar ("Muizelaar"), and Vogue Homes, Inc. ("VHI") (collectively...

Excerpt: ...lace on September 19, 2018. The Clerk shall fax a copy of the tentative ruling to the litigation coordinator. The litigation coordinator shall provide the tentative ruling to plaintiff Frank Lee Dearwester. Appearance is required on September 19, 2018. Plaintiff Frank Lee Dearwester shall be available, by COURTCALL, to participate in oral argument on the continuance date. Defendant's Request for Judicial Notice is granted. This cases arises f...

Excerpt: ... similarly situated as provided by various provisions of the Labor Code pertaining to overtime compensation, rest periods, and so forth. Inter‐State is Plaintiff's former employer. Plaintiff alleges that he was an hourly, nonexempt employee from approximately June 2012 to approximately October 2014. Plaintiff further alleges that Defendant engaged in the various labor violation of California law with regard to him and his fellow employees such ...

Excerpt: ...of contract. On June 4, 2018, the Court sustained the demurer as to the Third and Fourth Causes of Action. In its tentative ruling, the Court noted that while Plaintiff had agreed to withdraw or dismiss the Third Cause of Action for negligent misrepresentation against the Doerings, no dismissal had been filed by the demurrer hearing date; accordingly, the demurrer to the Third Cause of Action was sustained without leave to amend. As to the Fourth...

Excerpt: ... enter judgment pursuant to the terms of the settlement. If requested by the parties, the court may retain jurisdiction over the parties to enforce the settlement until performance in full of the terms of the settlement." As seen from the moving papers, Plaintiff and Defendant Mickey Iliescu entered into a settlement agreement in December 2016 providing that Defendant was to pay Plaintiff a total of $113,000 according to a detailed payment sc...