Excerpt: ...vehicle accident which resulted in the death of two people, Jason Christopher Keating and Judy Ann Townsend. The latter's adult children and heirs commenced on 5/1/2017 this wrongful death action against the “Estate of Jason Christopher Keating” and the employer of Mr. Keating, PDQ Automatic Transmission Parts, Inc. Plaintiffs filed on 7/27/2017 a proof of service indicating that the “Estate of Jason Christopher Keating” was served by del...

Excerpt: ...nty Superior Court Case No. 2015‐183885 (the "Underlying Action"). In the Underlying Action, multiple homeowners are proceeding against Plaintiff, the developer/general contractor on the project. In the instant case, Plaintiff alleges the homeowners' claims are predicated on defects for which various subcontractors are responsible. Plaintiff further alleges that it is an additional insured under its subcontractors' general liabi...

Excerpt: ...ulton Avenue Used Car location for approximately 6 months starting on January 19, 2016. She initially sought a two week leave of absence starting July 1, 2016 to recover from major knee surgery. On July 8, 2016, Plaintiff sent Hertz an email requesting an extension of the leave of absence until October 1, 2016, or "until further notice." Defendant told her that they could not hold her position open for three months, and Plaintiff was term...

Excerpt: ...s. Moving counsel failed to comply with CRC Rule 3.1110(b)(3)‐(4). The Court notes that defendant in pro per Lulka filed no opposition to the present motion, which is construed as a concession of its merits. Coupled with the fact that the court on 6/14/2018 deemed admitted those matters specified in plaintiff's requests for admissions, this court concludes that the striking of defendant Lulka's answer to complaint will not under the circumstanc...

Excerpt: ... point to specific evidence which is claimed to show the existence or non‐existence of a triable issue of material fact. *** Defendant Martin Energy Group Services, LLC's (“MEGS”) motion for summary judgment, or in the alternative, summary adjudication is ruled upon as follows. Overview This action arises from the construction of an electrical power and cogeneration facility for plaintiff Elk Grove Milling, Inc. (“Elk Grove”). Elk Grove...

Excerpt: ...aintiff's own counsel, who was to start a trial on the date the deposition was to proceed. Plaintiff's counsel apparently did not notify crossdefendant's counsel of the cancellation. This court finds that before beginning the drive from Loomis to Pleasant Hill, counsel for cross‐defendant should himself have contacted counsel for either defendant or plaintiff to confirm whether plaintiff's deposition was still proceeding as sche...

Excerpt: ...sed, taken as a concession to the merits (D.I. Chadbourne, Inc. v. Superior Court (1964) 60 Cal.2d 723, 728, fn. 4 [where nonmoving party fails to oppose a ground for a motion “it is assumed that [nonmoving party] concedes” that ground].), and is sustained without leave to amend for failure 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, with...

Excerpt: ...case arises indirectly from a dispute between a national fraternal organization (“National Grange”) and individuals formerly operating its subordinate, constituent unit in the State Grange. On April 5, 2013, the National Grange revoked the State Grange's charter and restored it, under new leadership, in July 2014. The revoked State Grange has changed its name to “The California Guild.” (“Guild”). Considerable litigation ensued bef...

Excerpt: ... suffered gender discrimination, harassment and retaliation stemming from her perceived entitlement to a promotion to an Attorney IV position. She further alleges whistleblower retaliation and fraud against CDE and her coworker/ supervisor Defendants. Defendants contend this action will require extensive document productions, which will include confidential and privileged information relating to the allegations within Plaintiff's First Amende...

Excerpt: ...r cross‐complaint, Grigsby alleges that they entered into independent contractor agreements with cross‐defendants Alfiya Laub ("Laub") and Adelia A. Bogdanova ("Bogdanova"). The agreements included a non‐solicitation agreement in the event the agreements were terminated. The agreements also included confidentiality clauses. Grigsby alleges that Laub and Bogdanova terminated the agreements and began working for Di Paolo. Grig...

Excerpt: ...ice 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 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...

Excerpt: ...ut of the case in April 2018 and plaintiff is now self‐represented. Defendant Select Portfolio Servicing, Inc. ("SPS") is the loan servicer. On December 18, 2017, a Notice of Default ("NOD") was recorded. (FAC, Exhibit S.) A balance of $117,579.25 is owed on the loan. Plaintiff alleges that moving party interfered with her efforts to get relief from the "Keep Your Home California" ("KYHC") principal forgiveness p...

Excerpt: ...y have now done so. In this action, Plaintiffs allege four causes of action for breach of written contract, conversion, negligence/negligent misrepresentation, and “emotional distress.” The case involves a dispute regarding the rental of a storage unit. The Court previously sustained Defendants' demurrer to the original complaint on February 14, 2018 and the first amended complaint on April 20, 2018. (ROA 24, 45) As was the case with the prev...

Excerpt: ... 4:00 p.m on August 24, 2018, to notify the clerk of the new date. The clerk is instructed to forthwith fax this tentative ruling to the litigation coordinator. The litigation coordinator for Plaintiff Crosby shall arrange for a court call for the required appearance on August 27, 2018. Mr. Crosby shall be available by COURTCALL, to participate in oral arguments. Defendants Yulanda Mynhier and R. Steven Tharratt's (collectively, “Defendants”)...

Excerpt: ... was Lagoe's employer's workers' compensation insurance carrier and provided benefits to Lagoe after the accident. In 2008, Lagoe underwent hip‐replacement surgery related to the accident. He subsequently sued nonparties for damages arising from the hip replacement (the “Lawsuit”). At that point, AAIC's claims administrator filed a notice and application for lien. Tristar acquired the claims administrator in 2012. In 2017, Lagoe settled the...

Excerpt: ...or summary adjudication, the court need rule only on those objections to evidence that it deems material to its disposition of the motion.]) The Court notes that only URC's one objection to evidence, filed separately with its reply, complies with Cal. Rules of Court Rule 3.1354(b). The Court declines to rule on the remaining objections by URC due to their lack of compliance with the rule of court. This is a negligence and dangerous condition ...

Excerpt: ...icial 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 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 disp...

Excerpt: ...strict (District) would be require to produce to testify on these categories. Although counsel are required to appear at the hearing (either in person or by telephone), if either side wishes to argue matters other than those identified in the preceding paragraph, (s)he shall request such additional oral argument pursuant to Local Rule 1.06 and inform the court and opposing counsel of the specific issue(s) on which oral argument is sought. * * * *...

Excerpt: ...ch denied Petitioner's motion for relief from Government Code section 945.4 on the ground that Petitioner's purported mistake of law or neglect was insufficient to support the claim for relief. Petitioner now moves for reconsideration of that Order on the grounds that she “has facts with evidence that [she] would like to present.” (Motion at 2:8‐9.) Petitioner then asserts she had started and continued filing complaints with the Departm...

Excerpt: ...ering, cooling system and brakes, Plaintiff seeks to compel Defendant to provide full and complete responses to certain requests for production (set one). Requests nos. 11, 23 ‐27, 32‐35, 40‐43, 48‐51, 64, 73, 82, and 91 relate to Defendant's investigations and analysis regarding the defects. Requests 10, 14, 15, 101‐106, and 119 relate to Defendant's warranty and repurchase policies. Defendant interposed numerous objections to the requ...

Excerpt: ...‐and‐hour misclassification action, Plaintiff, a licensed dentist, alleges he was improperly classified as an exempt employee. Plaintiff alleges causes of action for failure to pay overtime, failure to pay piece‐rate wages, failure to pay all wages upon termination, failure to provide meal and rest periods, violation of Business & Professions Code section 17200 et seq., conversion, and declaratory relief. Plaintiff now moves to compel furth...

Excerpt: ...��beam guard rails on various sections of roadway. Plaintiff filed its form complaint on August 11, 2016, alleging two causes of action for breach of contract and two causes of action for common counts. Plaintiff alleges Defendant failed to make payment to it within 30 days of its final invoices for the two jobs, job numbers 06‐0H2504 (“Contract 1”) and 07 ‐266404 (“Contract 2”). Defendant moves for summary judgment on the ground that...

Excerpt: ...he exhibit, title, page, and line numbers.” (Underline added for emphasis.) Moving counsel failed to comply with CRC Rule 3.1350(g), requiring a single volume of evidence (including all declarations) with a table of contents when evidence exceeds 25 pages. Moving counsel failed to comply with CRC Rule 3.1110(b)(3)‐ (4). This action arises out of the shooting of plaintiff's son during a 2015 confrontation with police. Plaintiff alleges causes ...

Excerpt: ...ed and Plaintiff has withdrawn Dr. Hwang as a non‐retained expert. Both parties designated Dr. Hwang as a treating non‐ retained expert in June of 2018. (Simerly Decl., Exhs. B, C.) On June 29, 2018, Defendant noticed Dr. Hwang's deposition for July 9, 2018, the last date to complete non‐expert discovery. (Simerly Decl., Exh. D.) Dr. Hwang's office then informed Defendant that Dr. Hwang was not available on July 9, but would be available on...

Excerpt: ...or judgment on the pleadings as to the complaint of plaintiffs in pro per Singh is GRANTED but with leave to amend, as follows. Factual Background According to the complaint, plaintiffs in pro per were unable to qualify for a home loan due to their low credit scores and therefore asked for help from “their beloved nephew,” defendant Kumar. Defendant agreed to help, obtaining in 2014 a loan to purchase property in Galt which plaintiffs would u...