Excerpt: ... the issue of unconscionability is properly before the court, did the Compensation Agreement require Misfud to repay draws personally if she left her employment and did not receive commissions covering the draws? If so, did that saddle her with a harsh, one‐sided risk (i.e., that she could effect sales without receiving any commissions) not present in Am. Software v. Ali (1996) 46 Cal.App.4th 1386, 1389, 1393? (3) Assuming the issue of unconsci...

Excerpt: ... to file a brief in excess of 10 pages as required by CRC 3.1113(e). The Court therefore has the discretion to treat the reply brief as a late filed brief pursuant to CRC 3.1113(g). However, the Court considered the brief despite Plaintiffs' lack of compliance. The Court would note that the reply brief reads almost entirely like a new motion and varies greatly from the initial papers that Plaintiffs filed. This action relates to the South Canal D...

Excerpt: ... Inc. w. Wood (1989) 217 Cal.App.3d 200, 209, fn.4; see also Hines v. Lukes (2008) 167 Cal.App.4th 1174, 1182‐83.) Judgment may be entered under section 664.6 whether the parties are complying with the terms of the agreement or whether they are not. (Viejo Bancorp, 217 Cal.App.3d at 209, fn.4.) By enacting Code of Civil Procedure section 664.6 in 1981 (Stats. 1981, ch. 904, § 2, p. 3437), the Legislature endorsed the nonstatutory speaking moti...

Excerpt: ... will be prejudiced absent sealing; the proposed sealing is narrowly tailored to serve the overriding interest; and there is no less restrictive means of achieving the overriding interest. The Clerk of the Court is directed to file unredacted exhibits 10, 11 and 12 and immediately change their security clearance so that they are not available for public viewing. The minute order is effective immediately. No formal order pursuant to CRC 3.1312 or ...

Excerpt: ...ord's (“Plaintiff”) First Amended Complaint (“FAC”) is ruled upon as follows. Defendants' request for judicial notice is granted. Plaintiff's request for judicial notice is granted. Plaintiff filed her FAC against Moving Defendants and alleging the following eight causes of action: (1) Breach of Contract; (2) Breach of the Covenant of Good Faith and Fair Dealing; (3) Retaliation in Violation of Labor Code § 1102.5; (4) Retaliation in Vio...

Excerpt: ...ff filed his original complaint on January 24, 2018, against Matheson Trucking, Inc. (“Matheson”), three of Matheson's related entities, and four individuals, Mark B. Matheson, Joshua Matheson, Charles J. Mellor, and Shirley Curran. Plaintiff filed his FAC on March 23, 2018, naming the same eight defendants and alleging 11 causes of action: (1) (Breach of Contract; (2) Breach of the Covenant of Good Faith and Fair Dealing; (3) Retaliation in ...

Excerpt: ... issues. Defendants demur to Plaintiff's first, second, fourth, eighth, and ninth causes of actions on the grounds they fail to state facts sufficient to constitute a cause of action. (CCP § 430.10 (e).) Legal Standard The pleading rules applicable to demurrers are now familiar and well established. Pleadings are to be liberally construed. (Code Civ. Proc. § 452) A demurrer admits the truth of all material facts properly pled and the sole issue...

Excerpt: ...rangevale, California. Plaintiff filed her complaint for premises liability and general negligence on August 10, 2017. On March 27, 2018, this Court granted Defendant's motion to deem matters admitted due to Plaintiff's failure to respond to requests for admissions. Specifically, the following requests were deemed admitted: 1. Admit that there was no dangerous or defective condition on the subject premises at the time of the subject incident. 2. ...

Excerpt: ...TED IN PART and DENIED IN PART, as follows. As it now appears that defendant Raptis has provided the overdue discovery responses previously compelled in the court's earlier orders, has agreed to make himself available for deposition and has tendered payment of monetary sanctions previously imposed, the court declines to impose here any issue, evidence or terminating sanctions against defendant Raptis as such sanctions would result in an unjus...

Excerpt: ...D and is GRANTED. No later than August 10, 2018, Plaintiffs shall serve further verified responses to Defendants' special interrogatories, set two, numbers 14‐16 and request for production of documents, set two, number 13. Sanctions are denied because the motions were not opposed. Although CRC 3.1348 (a) purports to authorize sanctions if a motion is unopposed, the Court declines to do so, as the specific statutes governing this discovery autho...

Excerpt: ...eceived plaintiff's discovery requests but that she has nevertheless complied with them by meeting with plaintiff's principal and providing a variety of documents from her insurance company. Aside from the fact that defendant in pro per has failed to provide admissible evidence which establishes she never received the underlying discovery requests, the court is not persuaded that her representation about meeting with plaintiff's principal and pro...

Excerpt: ...ries, and to eliminate references to the Cal Worthington Trust (the “Trust”). Under section 436, the court may “[s]trike out any irrelevant, false, or improper matter inserted in any pleading” as well as “all or part of any pleading not drawn or filed in conformity with the laws of this state.” (Code Civ. Proc, § 436, subds. (a) and (b).) Defendants' motion to strike Plaintiff's claims for punitive damages is unopposed by Plaintiff a...

Excerpt: ...motion to vacate and/or correct the arbitration award is DENIED except where noted otherwise, as follows. Although the notice of motion 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 This action arises out of plaintiff's prior employment as a manager of a franchise resta...

Excerpt: ...h early 2011, when he met Plaintiff 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 Lundgren's representations and in late 2012 began working at the Mr. Motorhome business for 50‐60 hours per week without receiving any compensation prior to November 2016. The complaint asserts that in 2015, money from the Mr. Motorhome business was used...

Excerpt: ...nd 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, 2018, the Court (Judge De Alba) granted Mr. Fry's request to continue the trial date, but denie...

Excerpt: ...red and distributed by Defendant, suffers from widespread defects‐including Engine and Transmission Defects‐and that Defendant has been unable to repair the vehicle within a reasonable number of attempts. Plaintiff further alleges that Defendant knew that her vehicle suffered from the ongoing defects, which are widespread, but nevertheless refused to repurchase the vehicle‐a willful violation of the Song‐Beverly Consumer Warranty Act (...

Excerpt: ...rose and resulted in BBC recording a mechanics lien in the amount of $483,405. VTL filed an action for declaratory relief, breach of contract and fraud. VTL also filed a motion to remove BBC's lien. In its motion, VTL contended that BBC's lien was invalid since it not only vastly overstated the amount BBC actually claims is owed but is also exceeded by the amounts which BBC now owes VTL. VTL insisted that BBC "fraudulently obtained co...

Excerpt: ...n the required format set forth in California Rule of Court, rule 3.1354. This action arises out of personal injuries Plaintiff sustained while performing yard work at Defendant's property located at 8951 River Road, Sacramento, California. Plaintiff was being paid $12 per hour to help her friend, defendant Karen Zehnder, clean up her rental property before it was rented. Plaintiff was doing some work raking up brush when an unlicensed tree t...

Excerpt: ...2016, in connection with his second accident, Plaintiff alleges he was instructed by Defendant 21st Century Insurance to tow his broken trailer to a body shop to obtain an estimate for the damage to Plaintiffs trailer and that during the drive, the trailer became detached, causing the trailer to run into Plaintiffs car. He also alleges that 21st Century owned, operated, serviced or maintained the vehicle. The only cause of action naming 21st Cent...

Excerpt: ...follows. Plaintiff's request for judicial notice is granted. This action stems from a relationship between Defendant and Hardial Singh Hunji (“Decedent”). Defendant alleges that she and Decedent were in a romantic partnership, whereas Plaintiff contends that Defendant was hired as a caregiver for Decedent. Decedent passed away on January 2, 2017. One month after Decedent's death, Plaintiff, as trustee of the Hardial Singh Hunji 1996 Trust (�...

Excerpt: ...rs v. Dep't of Transp. (1997) 15 Cal.4th 543, 590 [judicial notice of findings of fact does not mean that those findings of fact are true]; Steed v. Department of Consumer Affairs (2012) 204 Cal.App.4th 112, 120‐121.) Overview and Procedural History This is a construction defect action for 7 homes. The SAC asserts a single cause of action for violation of Civ. Code §896. Plaintiffs filed their initial complaint on 6/10/2014 which included caus...

Excerpt: ...asserts a cause of action for Quiet Title. Camacho alleges that in 1994 she purchased the Property, Zepeda provided less than $3,000 for the purchase deposit. Both Zepeda and Camacho were listed on the title, but it was “understood” that Zepeda was the sole owner of the Property. In 2002, Zepeda was deported to Mexico. Camacho then took possession of the Property, has remained in continuous possession, and has made all payments for the Proper...

Excerpt: ...��Mark”), doing business as Whisler Land Company (“WLC”) agreed to manage properties owned by Edward. Robert and Edward are brothers. WLC is a licensed real estate broker and Robert an associate licensee. In 2004, WLC and Robert entered into a contract wherein Robert agreed to provide property management services as an independent contractor to WLC. Robert and WLC are collectively referred to herein as “Plaintiffs.” Plaintiffs allege th...

Excerpt: ...while he was crossing El Camino Boulevard as a pedestrian in a wheelchair. Gutierrez was employed by CR England, Inc at the time of the accident. Plaintiff issued deposition subpoenas for documents from the United States Department of Transportation and the California Department of Transportation. The subpoenas seek "Any and all documents, records, videos, photos, recordings, printouts and other business records of any kind that relate or ref...

Excerpt: ...rom 1976‐1978. Plaintiff attempted to serve Verdant Vales Foundation by serving non party Mackenroth, who, during the 1970s was a director and President of Verdant Vales School and assisted in drafting the articles of incorporation and amendments thereto in 1974 and 1977 when his children were attending the school. (See documents attached to opposition as exhibits to the Declaration of Katrina M. Yu.) Mackenroth states that he is not an agent f...