Excerpt: ...ttorney's fees and cost incurred in bringing the special motion to strike as to the fraud and IIED claims only. Defendants seek an award of $26,610 in attorney's fees and $1,250 in costs incurred in preparing the underlying anti‐SLAPP motion (only as to the two causes of action upon which they succeeded) and this instant motion for fees and costs. A prevailing defendant on an anti‐SLAPP motion is entitled to recover his or her attorneys' fees...

Excerpt: ... New Penn Financial, LLC dba Shellpoint Mortgage Servicing's (“Shellpoint”) demurrer to Plaintiffs Nikolay and Tatyana Martynov's complaint is ruled upon as follows. Shellpoint's 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) 44 Cal.App.2d 61, 68 [recorded land documents, not contracts, are the s...

Excerpt: ...han 4 p.m. on August 29, 2018. Defendant Sunrise Recreation and Park District's (“District”) demurrer to Plaintiff Beverly Becker's first amended complaint is ruled upon as follows. This matter was continued from July 24, 2018 to allow the District to comply with CCP § 430.41. It has now done so. District's request for judicial notice is granted. In this action Plaintiff alleges two causes of action against the District for Dangerous Conditi...

Excerpt: ... 2018. Defendant's unopposed demurrer to self‐represented Plaintiff Stephanie Mammen's second amended complaint (“SAC”) is ruled upon as follows. This matter was originally set for July 27, 2018. The court's tentative ruling sustained the demurrer without leave to amend. Despite failing to file an opposition, Plaintiff appeared at the hearing. The Court continued the matter to August 17, 2018 to allow Plaintiff to file a motion for leav...

Excerpt: .... Defendants Select Portfolio Servicing, Inc.'s (“SPS”) et al.'s demurrer to Plaintiff Cherrone Peterson's complaint is sustained without leave to amend. This matter was continued from July 24, 2018 to allow Defendants to comply with CCP § 430.41. They have now done so. 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....

Excerpt: ...August 29, 2018. Defendant Volt Management Corp.'s demurrer to Plaintiff Maria Barraza's second amended complaint (“SAC”) is overruled in part and sustained without leave 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 pro...

Excerpt: ... they concern evidence deemed immaterial to decision on the motion. (Code Civ. Proc., § 437c, subd. (q).) This is an action for medical negligence and lack of informed consent. Plaintiff Kimberlie Popovich (“Plaintiff”) filed her form Complaint on December 29, 2016, against Regents of the University of California and individual defendants Ethan Ehrlich, Herman DeVera, M.D., and Danny Cheng, M.D. On May 30, 2016, Plaintiff dismissed this acti...

Excerpt: ...e of action, and the original complaint ceases to have any effect either as a pleading or as a basis for judgment. Because there is but one complaint in a civil action, the filing of an amended complaint moots a motion directed to a prior complaint. Once an amended complaint is filed, it is error to determine a cause of action contained in a previous complaint. (State Compensation Ins. Fund v. Superior Court, (2010) 184 Cal.App.4th 1124, 1129‐1...

Excerpt: ...cts within the judicially noticed documents except to the extent such facts are beyond reasonable dispute. (See Poseidon Devel. 152 Cal.App.4th at 1117‐ 18; see also Fontenot v. Wells Fargo Bank, N.A. (2011) 198 Cal.App.4th 256, 265 ("[A] court may take judicial notice of the fact of a document's recordation, the date the document was recorded and executed, the parties to the transaction reflected in the recorded document, and the docum...

Excerpt: ...une 21, 2017, he transported an elderly female patient to the medical clinic of Dr. Ghoshal. (TAC, para. 5.) Plaintiff filled out the intake forms provided to the patient, on the patient's behalf, and presented Dr. Ghoshal's receptionist with the patient's MediCal card. Plaintiff did not have the patient's Health Management Organization ("HMO") card with him at that time. (TAC, para. 6‐7.) Plaintiff alleged the receptionist ...

Excerpt: ...der. Defendants' request for judicial notice of the Court's prior Minute Orders is granted. Factual and Procedural Background As the facts of this case are well known to the Court, they receive summary recitation here. Plaintiff Garvey Equipment Company (“Plaintiff”) and RKU each submitted bids on two separate tree chipper contracts in response to the following California Department of General Services' (“DGS”) invitation for bids: IFB 62...

Excerpt: ...tablished by a preponderance of the evidence his claim to the real property by way of adverse possession. Specifically, Vaidm did not provide admissible evidence that he had color of title, that his possession was open and notorious, or that it was adverse and hostile to the true owner. The Court also held Vadim's claim to the real property based on the alleged oral contract between himself and his father (Vasiliy) is unenforceable against Elena ...

Excerpt: ...ication for preliminary injunction prohibiting the foreclosure sale of their property is DENIED because they have failed to establish they have reasonable probability of prevailing on any of the causes of action alleged in their complaint. Defendant's counsel failed to comply with CRC Rule 3.1110(b)(3)‐(4). Factual Background This wrongful foreclosure case was commenced on 7/11/2018. Plaintiffs allege in their recently‐filed complaint violati...

Excerpt: ...nc.'s request for judicial notice of the Cross‐Complaint is granted. Factual and Procedural Background This action arises out of the death of Chris Yuan (the “Decedent”) after an exterior staircase collapsed on July 3, 2015, at the Legends of Willow Creek, a multi‐building apartment complex in Folsom, California (the "Apartment Complex" and/or the "Property"). Plaintiffs comprise the Decedent's parents, who are pursuin...

Excerpt: ...n law and motion matters. *** Plaintiff's motion to compel the deposition of defendant's Person(s) Most Qualified (“PMQ”) and production of documents is ruled on as follows. Defendant's counsel failed to comply with CRC Rule 3.1110(b)(4). Factual Background This is a lemon law case relating to a 2014 Jeep Grand Cherokee purchased in Texas. The complaint asserts causes of action under California's Song‐Beverly Consumer Warranty Act and the f...

Excerpt: ...The Court notes Defendant, as a self‐represented party, is to be treated like any other party and is entitled to the same, but no greater consideration than other litigants and attorneys. (Williams v. Pacific Mutual Life Ins. Co. (1986) 186 Cal. App. 3d 941, 944.) Defendant has failed to obey this Court's December 7, 2017, Orders compelling him to serve verified responses, without objections, to Plaintiff's first set of form interrogatories, sp...

Excerpt: ...t for judicial notice is granted. Factual and Procedural Background This action arises out of the plans of CDE4 and its members, Plaintiff and CH4 Power, to plan, develop, permit, and profit from a biogas project in Fresno County. Specifically, CDE4 was going to build an anaerobic digester for California dairy farmers. In 2016, CH4 sought investors to partner with to build and maintain the anaerobic digesters. In exchange, among other things, inv...

Excerpt: ...of a self‐storage unit at Defendant's storage facility. Plaintiff alleges Defendant is liable for negligence and breach of contract in connection with the theft of personal property from his unit. Plaintiff filed his complaint on April 13, 2018, alleging damages in excess of $25,000. Defendant now moves to compel arbitration pursuant to the terms of the parties' Rental Agreement and stay this action pending arbitration. “Under both federal an...

Excerpt: ...Plaintiff and Defendant, acting as an employee at the time of defendant La Tapatia Tortilleria, Inc.. Plaintiff served Defendant with its first set of document requests on January 25, 2018. Defendant served responses on May 2, 2018. After meet and confer efforts failed, Plaintiff now moves to compel a further response to Request for Production Number 6, which seeks “Any and all Document(s) in your possession, custody, or control that contain wi...

Excerpt: ...orrect address for Dept. 53/54. If moving counsel is unable to contact opposing counsel prior to hearing, moving counsel is ordered to appear at the hearing in person or by telephone. Defendant moves for dismissal on the ground that plaintiff has not served moving defendant with the summons and complaint for over three years, with the original complaint being filed on 8/25/2014. The Court notes that plaintiff filed no opposition, which is constru...

Excerpt: ...intiff Matin and defendant Lundgren. According to the complaint, defendant Lundgren owned and operated as sole proprietorship a business known as “Mr. Motorhome” through early 2011, when he met plaintiff Matin and allegedly urged her to quit her salaried job to become co‐owner/co‐manager of the Mr. Motorhome business in Elk Grove. Plaintiff states she relied on defendant Lundgren's representations and in late 2012 began working at the Mr....

Excerpt: ... hotel located at 1209 L Street in Sacramento. On August 6, 2014, plaintiffs got stuck in the hotel's elevator. On June 21, 2016, plaintiffs filed their complaint against Hyatt alleging negligence against Hyatt and negligence‐manufacturing, design, and/or warning defect and negligent manufacturing, design, inspection, testing, instructing, repair, and/or warning against Otis. Otis performed elevator inspection, service, maintenance, and repair ...

Excerpt: ...ing, the Court asked the parties to discuss the subpoena issue. Thereafter, the parties agreed to limit the subpoenas to the body parts at issue in the action (Plaintiff's spine, neck, back, shoulders, lower extremity symptoms and sciatica). CSAA then reissued the subpoenas to Sutter Physicians Services and Sutter Medical Foundation seeking Plaintiff's medical records regarding the body parts at issue. The subpoenas do not contain any applicable ...

Excerpt: ... schedule to begin on February 27, 2018. The parties then stipulated to continue the trial, and on February 7, 2018, the Court continued the trial date to June 26, 2018. On June 15, 2018, Plaintiff substituted his former counsel, Mr. Patrick, for his current counsel, Christopher J. Fry. Four days later, on June 19, 2018, Mr. Fry filed an ex parte application in Department 47 before Judge De Alba to continue trial and related dates. On June 20, 20...

Excerpt: ...issal of the Third Amended Complaint on January 23, 2018 (ROA 527). On April 5, 2018, in Department 54, Judge Rodda denied the motion to vacate the voluntary dismissal in that case, finding that the "attorney neglect" upon which the motion was based did not fall under the mandatory fault provisions of CCP 473. After Plaintiff's motion to vacate his voluntary dismissal [which was filed without prejudice] was denied, he filed this case,...