Excerpt: ...o the medical battery cause of action. Defendant moves to strike allegations in the Second Amended Complaint (“SAC”) that assert or imply Defendant's actions were sexual in nature. Specifically, Defendant moves to strike the following: 1) All usage of the phrase "grab, grope, fondle, caress, physically touch, hold, and handle" (SAC ¶¶1, 8, 13, 14, 15, 16, 21, 22); 2) All usage of the word "sexually” (SAC ¶¶ 17, 27, 30, 32); ...

Excerpt: ...a VSS Emultech's (“Plaintiff”) request for judicial notice is GRANTED. Plaintiff filed its original complaint on March 12, 2018. Defendants demurred to the complaint and the Court sustained the demurrer with leave to amend. Plaintiff filed its First Amended Complaint on April 16, 2018. Defendants demurred again on the grounds that the claims are barred by the applicable statute of limitations set forth in CCP § 335.1. The Court sustained the...

Excerpt: ...n drainage fees collected by the City. The City entered into drainage agreements with development companies Alleghany and defendant Beazer Homes Holding Corp. (“Beazer”) in connection with their work on common drainage facilities, which entitled either or both of them to reimbursement of their construction costs. Beazer and Alleghany are the only claimants to the Fund. The City has been discharged from the action. On December 9, 2009, the Cou...

Excerpt: ...gically resulted in Chris Yuan's death (“Decedent”). The Decedent's family and friends brought this suit against the Legends and its property management company, Jalson Col. Inc. dba Gerson Baker & Associates (together, “GBA”), JAD, and others. Legends and GBA filed a CrossComplaint against several parties, including JAD. In relevant part, the CrossComplaint alleges a cause of action against JAD for express indemnity. (Walker Decl. Ex. A....

Excerpt: ...t, a “bare bones” motion which sets forth the ground of good faith, accompanied by a declaration which sets forth a brief background of the case is sufficient. City of Grand Terrace v. Superior Court (1987) 192 Cal. App. 3d 1251, 1261 On August 2, 2018, a "Notice of Settlement of Entire Case" was filed with the court. Nonetheless, it is a "conditional settlement." The court would further note the pending stipulation and order ...

Excerpt: ...ty is by an easement that runs through Defendant's property. Plaintiffs allege that Defendants often have guests over who block Plaintiffs' access to their property, but that Defendant refuses to remedy the situation. Plaintiffs further allege that Defendant has repeatedly filed false complaints against Plaintiffs with the Sacramento Sheriff's Department, and that during one altercation between Defendant and Debora Kirkwood, Defendant ran over Ms...

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: ...eging six causes of action against Defendant. Plaintiff filed her First Amended Complaint (“FAC”) on January 2, 2018, alleging eight causes of action against Defendant. The parties stipulated to allow Plaintiff leave to file the SAC, which is the subject of this instant motion. Plaintiff filed the SAC on May 31, 2018, alleging the following eight causes of action against Defendant: (1) violation of the Fair Pay Act (Equal Pay Act) based on se...

Excerpt: ...in good faith. Raley's requests for judicial notice of court documents are GRANTED. One of the judicially noticeable documents Raley's tenders is this court's order denying the motion for summary judgment (MSJ) brought by Defendant and settling party Dignity Health dba Mercy San Juan Medical Center (Dignity Health). On its own motion, the court takes judicial notice of the moving, opposing and reply papers filed in connection with the MSJ. This i...

Excerpt: ... into a school bus, causing the bus to roll over. Plaintiff Gerald Austin, Sr. was serving as an attendant on the bus at the time of the collision and was injured. Plaintiffs filed their original complaint on August 2, 2017, alleging motor vehicle and general negligence. Plaintiffs filed their First Amended Complaint on October 19, 2017, alleging motor vehicle, general negligence, and loss of consortium. The Court consolidated Plaintiffs' case wi...

Excerpt: ... him/her of Local Rule 1.06 and the court's tentative ruling procedure and the manner to request a hearing, along with the correct 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. Factual Background This action arises from the implantation and alleged failure of a medical device called the Celect® Vena Cava Filter, whic...

Excerpt: ...he truth of their contents. (Herrera v. Deutsche Bank Nat'l Trust Co. (2011) 196 Cal.App.4th 1366, 1375.) In this wrongful foreclosure action, plaintiff Tatyana Krivoshey (“Tatyana”) obtained a loan from America's Wholesale Lender (“AWL”) in the amount of $277,600 (the “Loan”), and a deed of trust secured by the property was recorded on February 28, 2005 (“DOT”). (FAC ¶ 153.) Mortgage Electronic System, Inc. (“MERS”) was the ...

Excerpt: ... basic facts necessary to establish a Lemon Law claim including ownership and manufacturing of the vehicle, offers to repurchase as well as other topics. Defendant served the following identical objection to each request: Objection as vague, ambiguous, irrelevant and not calculated to lead to the discovery of admissible evidence. MBUSA has already offered to repurchase the subject vehicle. Further, Plaintiff has served a C.C.P. § 998 offer of th...

Excerpt: ...tters. *** Defendant McClatchy Newspapers, Inc.'s motion for summary judgment or summary adjudication is ruled upon as follows. Judge Krueger discloses that he has been a continuous subscriber to the Sacramento Bee since approximately 1995. He also served as an intern reporter in McClatchy Newspapers' Washington, D.C. bureau while in college. Judge Krueger does not believe that there is any basis for him to be disqualified from hearing this case....

Excerpt: ...iff's default on a mortgage loan and deed of trust. On or about July 11, 2007, plaintiff financed the real property commonly known as 9910 Pringle Avenue, Galt, CA 95632 ("Subject Property"). Plaintiff asserts that defendant did not comply with Civil Code section 2923.5. The other grounds asserted by plaintiff in her motion are not addressed in this ruling as the court did not find sufficient evidence to issue an OSC on those grounds....

Excerpt: ...llectively “Defendants”) to the third amended complaint (TAC) is OVERRULED. The court disregards evidence submitted with the parties' papers. The court may not consider evidence on demurrer. Moreover, assuming any part of the evidence is subject to judicial notice, there is no request for judicial notice before the court. Overview This case presents a business dispute. The plaintiff is Patricia Blank (Blank). Blank alleges that Mitchell induc...

Excerpt: ...e employees should be free to report waste, fraud, abuse of authority, violation of law, or threat to public health without fear of retribution. A state employee, who suffers an intentional act of reprisal, retaliation, or threat for the purpose of interfering with protected conduct may file a civil action for damages against the offending party, providing that the employee first files a complaint setting forth the alleged acts of retaliation wit...

Excerpt: ...s involved Defendants Kelly Priley and Anthony Priley. Plaintiff Barry Murakami filed this lawsuit in January 2018. On April 6, 2018, Defendants Kelly and Anthony Priley filed a General Denial. Defendants Vang and Xiong filed their Answer and a Cross‐Complaint against Defendants Mendez and Bradford on April 16, 2018. On May 7, 2018 and May 10, 2018, Plaintiff Murakami filed Doe Amendments as to Mendez and Bradford, Respectively. On June 4, 2018...

Excerpt: ...7‐1118; see also Startford Irrig. Dist. v. Empire Water Co. (1941) 44 Cal.App.2d 61, 68.) The Court, however, does not accept the truth of any facts within the judicially noticed documents, only the existence thereof. FACTS In August 2015, Plaintiffs obtained a mortgage loan from Paramount Equity Mortgage, secured by a Deed of Trust recorded against the property. An Assignment of Deed of Trust was recorded in March 2016 to memorialize the trans...

Excerpt: ...�MEC”) motion for protective order. Maciora had propounded Requests for Production, Set Four, on MEC. The RFPs provided the following definitions: 1. UBA Contract ‐ The valid and effective contract referred to in Paragraph 85 and Paragraph 86 of your Third Amended Complaint. 2. Tangiers Capital Contract ‐ The valid and effective investment agreement between MEC and Tangiers Capital referred to in Paragragh 87 of the Third Amended Complaint....

Excerpt: ...t. This case presents a business dispute involving co‐ownership of real property. In the complaint, Nadeem seeks partition and “dissolution of partnership.” Exhibits to the complaint are incorporated by reference into the cross‐complaint. The Defendants and Cross‐Complaints are Markus Pegany (Markus) and Lati Pegany (Lati) (collectively “Cross‐Complainants”). They allege that in April 2017, Nadeem engaged Lati as a real estate age...

Excerpt: ...g out of his employment and subsequent termination as the River Cats' manager of the visitor clubhouse during the 2014 and 2015 baseball seasons. Plaintiff alleges that defendants knew of the harassing actions of third parties employed by a visiting team, including the Reno Aces' athletic trainer, Joe Metz. Metz allegedly treated plaintiff in a demeaning manner and had told him: "You're nothing but a low life clubby nigger" du...

Excerpt: ...al injury case. Bernard alleges that when he was a minor attending Defendant Jesuit High School (School), a fellow student attacked him and caused injuries including brain injury. Bernard alleges one of the School's teachers shares responsibility for his injuries. Although former Dean of Students Timothy Warren (Warren) was a named defendant, he was dismissed from the lawsuit without prejudice. Warren remains a percipient witness. The current mot...

Excerpt: ...endant. Defendant failed to serve responses to the requests for production and the interrogatories. Plaintiff seeks a remedy of striking the Answer and entering defendant's default judgment. A trial court must be cautious when imposing a terminating sanction because the sanction eliminates a party's fundamental right to a trial, thus implicating due process rights. The trial court should select a sanction that is tailored to the harm caus...

Excerpt: ...a New Hampshire entity with no offices or employees in California. (See Adams Decl., ¶ 3.) Defendant served DCC with a PMK deposition notice. The notice contemplates a deposition in Sacramento County. DCC served objections and indicated it was not required to send its agents across the country for deposition. DCC stipulated to a videotaped deposition of a witness in New Hampshire. Defendant now moves to compel DCC to send its PMK to Sacramento. ...