Excerpt: ...us types, personal items and a Winnebago. Plaintiff stored other personal property in a storage unit rented by Defendants, with Defendants' permission. The relationship between Plaintiff and Defendants is unclear. Plaintiff alleges that in February 2018, he left his residence at 650 Pinedale Avenue in Sacramento due to “the violence of Kirsten Charlton‐Rosa.” Plaintiff demanded his property at the time he left the residence. Plaintiff was l...

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: ...ounsel shall meet and confer and inform the Department 53 clerk of their request for a different, subsequent date. Factual and Procedural Background This case involves allegations against six skilled nursing facilities (Cathedral Pioneer Church Homes II, Congregational Church Retirement Community, Bixby Knolls Towers, Inc., Gold Country Health Center, Mayflower Gardens Health Facilities, Inc., and Stockton Congregational Homes, Inc.), the real pr...

Excerpt: ... arena. From February 2015 to September 11, 2015, Plaintiff worked as an apprentice. Plaintiff alleges that during that time, foreman Josh Taylor harassed Plaintiff due to his race (African‐American) and that when Plaintiff complained, nothing was done. Plaintiff also alleges he sustained a workers' compensation injury to his left knee, and that when he reported the injury to his supervisor to discuss his need for time off, he was terminated. P...

Excerpt: ... Plaintiff had created a triable issue of material fact as to various purported UMFs offered by Dr. Lee in support of his motion. Dr. Lee now moves for reconsideration of that order. Dr. Lee moves on the grounds that “newly obtained” deposition testimony from Plaintiff's expert witness, Dr. Mirza on June 4, 2018, and Plaintiff's expert witness Dr. Lachs on June 11, 2018, confirms Dr. Lee was not a “care custodian.” First, there are strict...

Excerpt: ...��Defendant”) failure to provide accurate wage statements. Specifically, the wage statements failed to set forth “Stay Safe Staffing, Inc.” and/or its address. Plaintiff's Second Amended Complaint (“SAC”) alleged violations of the Labor Code for the alleged failure to pay all wages due, issue accurate itemized wage statements, and other claims against Defendant and Horizon Personnel Services, Inc. (“HSPI”) On April 5, 2016, Plaintif...

Excerpt: ...Bank (“USB”), Fay Servicing, LLC and Attorney Lender Services, Inc.'s (collectively “Defendants”) demurrer to plaintiff's complaint is SUSTAINED but with leave to amend, as follows. Although the notice of demurrer provided notice of the court's tentative ruling system as required by Local Rule 1.06(D), the notice does not comply with that rule. Moving counsel is directed to review the Local Rules, effective 1/1/2018. Factual Background Co...

Excerpt: ...wners of 31 single‐family homes in the Aspen Village Development in Sacramento, California. Meritage is a residential homebuilder whom Plaintiffs allege is responsible for a variety of construction defects. Plaintiffs filed their FAC on May 14, 2018, alleging twelve causes of action against Meritage and various doe defendants. Meritage demurs to Plaintiffs' causes of action for breach of contract (first), nuisance (sixth), breach of purchase co...

Excerpt: .... The LLC filed the declaration as ordered. The Court finds the declaration meets the requirements of section 430.41, and indicates the parties failed to remedy any of the issues raised by the demurrer. Plaintiffs filed the FAC on May 11, 2018, alleging causes of action for breach of contract, dissolution of partnership, and partition and accounting against the LLC and co‐defendants Allie Chen (“Ms. Chen”) and Guozhong Chen (“Mr. Chen”)...

Excerpt: ...s. *** Defendants Life Generations Healthcare, LLC; Thomas Olds, Jr.; and GHC of SACSNF, LLC's (collectively “Defendants”) demurrer to the Second Amended Complaint (“2AC”) is SUSTAINED but with leave to amend, as follows. Factual Background This action arises from the care rendered to Evelyn Gurion from July 2014 through September 2014, when she died on 9/9/2014. This lawsuit was commenced on 9/9/2015 and the 2AC filed on 9/7/2017 purport...

Excerpt: ...ate of April 19, 2018. On March 29, 2018, Plaintiff filed an ex parte application to continue the summary judgment hearing on the grounds that postponement was warranted to “allow for the hearing of [Plaintiff's] pending discovery Motions and further Motions … to be filed in the near future based on [Defendants] serving Responses to discovery that consisted of frivolous boiler‐plate objections with no substantive responses and no production...

Excerpt: ... only the legal sufficiency of a complaint, not the truth or the accuracy of its factual allegations or the plaintiff's ability to prove those allegations. (Ball v. GTE Mobilnet of California (2000) 81 Cal.App.4th 529, 534‐35.) Defendant's Request for Judicial Notice is unopposed and is granted. In the instant matter, Defendant requests judicial notice of briefs filed in former proceedings raising the same issues, as well as the decisions o...

Excerpt: ... Damages is unopposed, taken as a concession to the merits, and is granted, with leave to amend. This action stems from a May 2013 encounter between Plaintiff and non‐demurring defendant Cal Force Security employees Christopher Peterson and Aaron Asley. Plaintiff alleges that he was ordered by the security guards to leave an AM/PM store and was followed by the guards to a Food Source store. He alleges that he was ambushed and tased with electri...

Excerpt: ... negligence; (2) negligent hiring, training, and/or retention of an unfit employee; (3) negligent supervision; (4) invasion of privacy; (5) intentional infliction of emotional distress; (6) negligent infliction of emotional distress; (7) sexual harassment; (8) stalking; and (9) assault. She asserts causes of action 1, 2, 3, and 6 against the Center for Psychiatry on a theory of direct liability. She asserts causes of action 4, 5, 7, 8, and 9 agai...

Excerpt: ...t to specific evidence which is claimed to show the existence or non‐existence of a triable issue of material fact. *** The court notes that both defendants and plaintiffs filed in connection with this motion a number of the decedent's medical records, all of which are now viewable by the public via the court's CCMS system. All counsel are reminded that the court's new CCMS system allows the public to electronically access and view all pleading...

Excerpt: ...rked at Sutter facilities at the relevant time periods in questions and Plaintiff alleges that the unlawful access to her medical records occurred as a result of his employment while they were legally separated and after their divorce. Plaintiff alleges that she has experienced significant loss of privacy and emotional distress as a result of Defendant Taggard accessing private information in her medical records. Defendant Taggard contends that i...

Excerpt: ...0(c) as a result of Plaintiff's failure to comply with this Court's June 11, 2018 order. The June 11 order compelled Plaintiff to provide verified responses without objections to Defendant's Form Interrogatories, Set One; Special Interrogatories, Set One; and Request for Production of Documents, Set One by June 21, 2018. Defendant had not received responses as of the date of the filing of the motion. Defendant seeks monetary sanctions in the amou...

Excerpt: ... Procedure section 2033.300(a). “The court may permit withdrawal or amendment of an admission only if it determines that the admission was the result of mistake, inadvertence, or excusable neglect, and that the party who obtained the admission will not be substantially prejudiced in maintaining that party's action or defense on the merits.” (Code Civ. Proc. § 2033.300 (b).) This provision applies to admissions expressly made by a party as we...

Excerpt: ...arty shall inform the court clerk forthwith. Plaintiff served three sets of requests for admission on the defendant. No responses were served within 30 days of the service of each separate request. In opposition, defendant contends that the number of Requests for Admissions is excessive and that the Declaration of Finnerty served with each request does not justify serving more than 35 requests for admissions. However, any objections that defendan...

Excerpt: ...oes not provide notice of the court's tentative ruling system, as required by Local Rule 1.06(D). Counsel for moving party is directed to contact counsel for opposing party forthwith and advise counsel of Local Rule 1.06 and the court's tentative ruling procedure. If counsel for moving part is unable to contact counsel for the opposing party prior to the hearing, counsel for the moving party shall be available at the hearing, in person or by tele...

Excerpt: ...tective Order. Plaintiff avers that he was entirely unaware of this lawsuit and denies that he was ever served with operative First Amended Complaint or any other pleading or document in this lawsuit until he received two deposition notices. Upon further inquiry, he learned that co‐Defendant Marjorie Snoke (aka Marjorie Covert) had forged his name on these pleadings. According to moving Defendant, on June 22, 2018, at the schedule hearing regar...

Excerpt: ...ff sets forth a single cause of action for penalties pursuant to PAGA based on numerous alleged Labor Code violations. Defendants move to compel arbitration pursuant to an arbitration provision executed by Plaintiff in connection with her employment. The provision provides that in the event of dispute between Plaintiff and the Company both parties agree to “submit such dispute, claim or controversy to final and binding arbitration, including, b...

Excerpt: ...the Court's May 18, 2017 order enforcing the SPO. The parties entered into the SPO to cover financial information that the Defendants were required to produce. Pursuant to the SPO, Defendants were to provide personal and business tax transcripts, declarations identifying all personal and business bank accounts, and signed authorization to release all bank records from 2009 to present. Plaintiff filed a motion to compel compliance with the SPO whi...

Excerpt: ...o) and request for production (set three). Special Interrogatories The motion is granted. These interrogatories requested information related to payments made for medical services related to the subject incident, medical liens, and the amount plaintiff currently owes for medical expenses related to the subject incident. Plaintiff's response to each interrogatory was the same: “Objection. Collateral source rule. Without waiving the objection, se...

Excerpt: ...endants, and alleges that these defendants are part of a joint enterprise that owned and/or operated 11 gasoline service stations in six counties across northern California in violation of the rules and regulations of the State's Underground Storage Tank (UST) Program. This case was designated complex by Judge Alan Perkins on July 15, 2015. Plaintiff seeks terminating sanctions against Defendants Azad Amiri, Haleh Amiri, Nasrin Amiri, Dilpal Sing...