Excerpt: ...t examinations of Plaintiff. The parties agreed that Plaintiff would submit to two psychiatric exams and one physical exam. At issue here is the psychiatric exam by Dr. Jason Roof. Plaintiff agreed to appear on July 26, 2018 for the exam. The parties further stipulated that “[b]ecause the doctors are setting aside time for the examination and testing, they will lose valuable time that can be scheduled for others in the event Plaintiff does not ...

Excerpt: ... documents concerning communications between Ellis Law Group, LLP and Frank Latham regarding the amount of money to be paid as attorneys' fees to Mastagni Holstedt, APC. Although entitled a “motion to compel further responses”, Mastagni is actually seeking to compel Ellis to produce certain items in its privilege log which it contends has been waived as expressed in the Court's 5/23/2018 Order. Ellis appears to have understood the motion as o...

Excerpt: ...ted. Plaintiff has filed a non‐opposition to the demurrer, and she has requested leave to amend. As this is the first challenge to the pleadings, leave to amend is granted. Plaintiff alleges causes of action for Breach of Contract, Negligence, and Intentional Tort. Plaintiff contends that defendants failed to authorize and cover certain brand name medications prescribed by her physician, as required by the Medi‐Cal health plan agreement. Plai...

Excerpt: ...malpractice. The Plaintiffs are Sarah Elkington (Sarah) and Erik Elkington (Erik) (collectively “Plaintiffs”). In the FAC, Plaintiffs allege that Defendants and others failed to treat Sarah's ulcerative colitis properly and caused her to suffer serious injuries, including a miscarriage, surgeries and conditions requiring life support. Plaintiffs allege that Erik was Sarah's fiancée, registered domestic partner or husband during the relevant ...

Excerpt: ...t examinations of Plaintiff. The parties agreed that Plaintiff would submit to two psychiatric exams and one physical exam. At issue here is the psychiatric exam by Dr. Jason Roof. Plaintiff agreed to appear on July 26, 2018 for the exam. The parties further stipulated that “[b]ecause the doctors are setting aside time for the examination and testing, they will lose valuable time that can be scheduled for others in the event Plaintiff does not ...

Excerpt: ...ult of authorizing The Public Safety & Rehabilitation Act of 2016 (“Proposition 57”). Proposition 57 added Article I, section 32 to the California Constitution, providing, in relevant part, that any state prison inmate convicted of "a nonviolent felony offense" shall be eligible for parole consideration after completing the full term for the inmate's primary offense. (Cal., Const., art. I, § 32, subd. (a)(1).) Plaintiff claims th...

Excerpt: ...uly 24, 2018 when her joint bank account with her spouse was levied by the plaintiff. She contends that she was never served with the Summons and Complaint. (Declaration of Rowena D. Kumar) Defendant was purportedly served by substituted service at her address, 200 Moon Cir. Unit 221, Folsom, CA, on October 2, 2016. She states that the description of the person served does not match anyone who lived in their house. The description of the person a...

Excerpt: ...could not with reasonable diligence have been presented to the court at or before the time of the 7/5/2018 orders denying plaintiff's motions to deem admitted and (2) even if he had, these alleged new or different facts or circumstances did not justify a different outcome on the earlier motions to deem admitted. Plaintiff appears to base the present motion for reconsideration on the fact that, despite the court's findings in the 7/5/2018 orders t...

Excerpt: ...ion of issues is DENIED as well. Overview In this personal injury case, Plaintiff Richard Green (Green) is suing the Club on theories of negligence and premises liability. The premises liability cause of action includes counts for negligent ownership, maintenance management and operation; willful failure to guard or warn against a dangerous condition, use, structure or activity under CC § 846; and dangerous condition of public property. Green al...

Excerpt: ...er than 4 p.m. on August 29, 2018. Defendants The Regents of The University of California (“UC”), Gregory Sokolov, M.D. and Andrea Javist's motion for summary judgment, or in the alternative, summary 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 t...

Excerpt: ... Daniel Yakushchenko. Yakushchenko's complaint against Valaga contains causes of action for general negligence and premises liability. According to Yakushchenko, he was helping Valaga carry branches on Valaga's property and suffered an eye injury. Yakushchenko has admitted smoking marijuana and drinking a beer several hours before he was injured. Valaga deposed Yakushchenko on 6/01/18. With respect to the following questions, Yakushchenko's couns...

Excerpt: ...the same no later than 4 p.m. on August 29, 2018. Plaintiff/Cross‐Defendant Rosca Enterprises, Inc.'s motion to enforce arbitration agreement and stay claims pending arbitration is denied. Defendants Tyler and Kristina Rist's request for judicial notice is granted as to the complaint and cross‐complaint. The Court denies the request to take judicial notice of an unpublished appellate court decision which may not be relied upon by Defendants. ...

Excerpt: ...m. on August 29, 2018. Self‐represented Plaintiff's motion to “set aside default and default judgment” is denied. Defendants' request for judicial notice is granted. Pursuant to CCP § 473(b), Plaintiff moves to set aside the Court's order granting Defendants Patrick and Nancy DeAlva's anti‐SLAPP motion on July 18, 2018. The formal order was entered on August 3, 2018. A brief procedural history is necessary. Initially, Defendants' anti‐...

Excerpt: ...s granted, it will assign counsel to Defendant Golden Eagle Logistics, Inc. (Golden Eagle), whether or not under a reservation of rights. Progressive appears to have had enough time to determine whether it must defend Golden Eagle and on what terms. * * * * * Progressive's motion for relief from default and default judgment is GRANTED. Overview This case involves allegations that cargo was damaged in transit. The plaintiff and judgment credit...

Excerpt: ... to state facts sufficient to constitute a cause of action. On April 19, 2018 the court sustained the demurrer of defendant Anne Marie Schubert's, without leave to amend, to the complaint filed by self‐represented plaintiff Dwyane Burgess. The complaint commences with the following recitation: "Now Comes Aggrieved party (U.C.C. §1‐201(2)) Dwayne Lamont Burgess (hereinafter Aggrieved party), Sui Juris, Secured Party (U.C.C. §9‐105)...

Excerpt: ...tion. Defendants' Request for Judicial Notice is granted. The instant motion seeks an award of the City's attorney's fees incurred on the most recent appeal. The Remittitur to the Trial Court Clerk issued on May 29, 2018. This motion for contractual attorney's fees is timely under California Rules of Court, rule 3.1702(c)(1), which provides that a motion to claim contractual attorney fees on appeal must be served and filed within ...

Excerpt: ...��DOT”) for the real property located at 6008 Westbrook Drive, Citrus Heights, CA. (RJN Ex. 1.) Wells Fargo is the Loan servicer. (Compl. ¶3.) Plaintiffs defaulted on their Loan, and on October 18, 2016, Wells Fargo offered Plaintiffs a trial payment plan (“TPP”) for a modification of their Loan, which required three payments of $712.45. (Compl. ¶5, Ex. 1.) Plaintiffs allege that the TPP required Wells Fargo to establish an escrow account...

Excerpt: ...ourt Fees" limited resources, unable to pay." This is an action for money damages arising from a credit card account. The complaint has common count causes of action including open book account, account stated, money lent by plaintiff to defendant at defendant's request, for money paid, laid out, and expended to or for defendant at defendant's special instance and request, and unjust enrichment. Defendant does not deny any allegat...

Excerpt: ...nt against Cross‐Complainants for breach of equipment finance agreement and breach of guaranty in connection with the sale of a 2005 Peterbilt truck to Maynard Frantz, LLC (“Frantz LLC”). Ascentium and Frantz, LLC allegedly entered into an Equipment Finance Agreement (“EFA”) which Maynard Frantz allegedly personally guaranteed. Cross‐Complainants then filed a crosscomplaint alleging causes of action for breach of contract, common coun...

Excerpt: ...nk (1990) 220 Cal. App. 3rd 1117, 1138.) Newberg on Class Actions (4th Ed.), the most authoritative treatise on class actions, discusses the process for approving the settlement of a class action. At § 11.24, “Procedure for Submitting Class Settlement for Approval,” Newberg describes the review at the preliminary stage as the submission by the parties of the essential terms of the agreement for informal review of the settlement papers by the...

Excerpt: ...ion is denied as to the First, Third and Fourth Causes of Action, and is granted as to the Second, as set forth below. Defendant's evidentiary objections are ruled upon as follows: Sustained ‐ 3, 4, 8, 10, 29, and 37; Overruled ‐ 1, 2, 5, 6, 7, 9, 11‐28, 30‐36. This action primarily stems from Plaintiff's disabilities related to his back, and the ongoing employment relationship between Plaintiff and Defendant as they both addressed Plaint...

Excerpt: ...late‐ served opposition. The County's request for an order compelling Guthrey to resume her oral deposition and for a monetary sanction against her and her counsel is GRANTED. The County has been seeking the documents at issue since September 2017. It was forced to move for initial responses and then for further responses. Guthrey still did not produce the subject documents and instead indicated there were none to produce. The County sought the...

Excerpt: ...Unsworn responses are tantamount to no responses at all.” (Appleton v. Superior Court (1988) 206 Cal.App.3d 632, 635‐636.) Defendant seeks an order compelling verified responses. Plaintiff's opposition indicates that his counsel had been attempting to obtain the verifications from Plaintiff who has been incarcerated and cannot read. Plaintiff indicates that the motion was filed during a time when Plaintiff's counsel had indicated he was unava...

Excerpt: ...(d) and the records provide background regarding this lawsuit. This case arises from a motor vehicle accident involving self‐ represented Plaintiff Anna Tagintseva and Defendant Nataliya Basarab. Ms. Basarab was driving Defendant Pughsley's vehicle at the time. Plaintiff initially filed the action in this Court's small claims division but then dismissed the matter without prejudice. As seen from the complaint, she then filed the action in Yolo ...

Excerpt: ...otion for preliminary injunction on March 17, 2015 restraining Defendants from transferring title to the vehicles pending trial. Since that time, however, the Court has granted both Defendants' motions for terminating sanctions against Plaintiff. (ROA 199, 200.) Further, Defendant Yevgeniy Perehon's motion that requests for admission be deemed admitted against Plaintiff was granted on September 27, 2017 pursuant to which Plaintiff was deemed to a...