Excerpt: ...ion matters. *** Defendant Nga Gomez‐Chan's demurrer to Plaintiff California Department of Educations' second amended complaint (“SAC”) is ruled upon as follows. Overview This is an action by Plaintiff to recover roughly $3 Million in public funds which were advanced to various defendants, consisting of private entities and their principal owners/officers, to pay for defendants' provision of subsidized services for child development pro...

Excerpt: ...ion, 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, 1129‐1131. Th...

Excerpt: ... not consider the opposition since it was filed after the tentative ruling was prepared. This action arises from a levy on a bank account pursuant to a writ of execution in the underlying case of Northern California Collection Service, Inc. v. Theodoros Avdalas, et al., case number 34‐2014‐00164759. In the underlying action, judgment was entered for NCCS. NCCS then levied Plaintiff's bank account to satisfy the judgment. NCCS then filed an ac...

Excerpt: ... Ben Magur (Magur) (collectively “Plaintiffs”). According to Plaintiffs, Rebossio suffered scarring and other injuries to her face and back when she received laser treatment. Plaintiffs allege that Defendants “negligently treated, cared for, diagnosed, obtained informed consent, failed to obtain informed consent, prescribed and or failed to prescribe and/or monitor proper medication and/or treatment, advised, examined, made and/or failed to...

Excerpt: ...alties. Plaintiff's cause of action for wrongful termination in violation of public policy was dismissed after the District's demurrer. Plaintiff alleges that she was retaliated against after making complaints regarding health and safety problems in the preschool classroom where she worked as a teacher's assistant. In evaluating a motion for summary judgment or summary adjudication the court engages in a three step process. The Court first identi...

Excerpt: ...Defendants who were in his supervisory chain of command created false probationary reports indicating termination was imminent in retaliation for his raising concerns that he was given unnecessary work and being unnecessarily micromanaged and that taxpayer dollars were being wasted. He also claims that he raised numerous litigation strategy questions and raised issues regarding unethical, improper and unlawful conduct. He alleges that he was esse...

Excerpt: ... entitled to fees and costs under CCP § 1032 and Civil Code § 1717 as the prevailing party on the contract (Deed of Trust and Note). Here, there is no question that for purposes of CCP § 1032, Defendant is the prevailing party. CCP § 1032(a)(4) defines a prevailing party as a defendant in whose favor a dismissal was entered. Plaintiff dismissed this action against Defendant on April 23, 2018. Defendant is therefore entitled to costs as a matt...

Excerpt: ...iness locations in South Sacramento and Elk Grove. (Compl. ¶¶ 12, 13.) In exchange for business equipment, inventory, right to use Plaintiff's trade name and registered mark, and the business' goodwill, Pokeface agreed to pay $225,000 to Plaintiff. (Compl. ¶ 13.) Pokeface also agreed to assume responsibility for the leases at each business location. (Compl. ¶ 20.) Pokeface paid a total of $160,000 toward the purchase price and Plaintiff agree...

Excerpt: ...ies had an implied agreement for a joint venture pursuant to which Defendant asked Plaintiff if Plaintiff wanted to purchase and share a home with Defendant. Plaintiff alleged that they agreed to share expenses and invest in a home. Plaintiff alleges that Defendant obtained financing and promised to add Plaintiff to title. (SAC ¶¶ 2‐4.) Plaintiff alleged that they borrowed the $5000 for the home they purchased in April 2009 from Defendant's m...

Excerpt: ... the court's tentative ruling procedure and the manner to request a hearing. 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 out of a 2015 real estate transaction whereby Ms. Schmauderer contracted with Bebermeyer Asset Management Inc. (“BAM”) to sell her home to BAM for $500,000, with escrow being esta...

Excerpt: ...quested in an attempt to obtain leave to amend, plaintiff shall be prepared to specifically discuss the new or different facts which may now be alleged in good faith to overcome the deficiencies noted below. *** Defendant Ocwen Loan Servicing, LLC (“OLS”), et al.'s (collectively “Defendants”) demurrer to plaintiff in pro per's complaint is SUSTAINED without leave to amend, as follows. The notice of demurrer does not provide notice of the ...

Excerpt: ...f patients' bill of rights against defendants Plum Healthcare Group, LLC and Oleander Holdings, LLC dba Sacramento Post‐Acute (collectively, “Defendants”). Plaintiffs filed their First Amended Complaint on March 22, 2016. Defendants filed a petition to compel arbitration on February 18, 2016, which this Court denied on April 6, 2016. Defendants appealed this decision and this matter was stayed on June 7, 2016, pending resolution of the appe...

Excerpt: ...y with CRC Rule 3.1110(b)(3)‐(4). The court notes that defendant filed no opposition to the present motion but her counsel filed a declaration which requests additional time to contact his client before granting this motion. However, as defendant was previously ordered to comply with the discovery requests no later than 1/12/2018, the court finds that defendant has already had enough time to comply and that her failure to do so warrants the imp...

Excerpt: ... pursuant to CCP 1005(b). No opposition was filed. The complaint was filed in October 2007, and default judgment was entered on March 30, 2009 for the amount of $22,722.61. The plaintiff filed a Application for Renewal of motion, bringing the amount of the judgment to $41,524.83. This motion followed. Defendant asks the court to vacate the renewal of the judgment pursuant to CCP 683.170 on the ground defendant never had knowledge of the case and ...

Excerpt: ...ly set for July 10, 2018. On June 19, 2018, Plaintiff appeared at an ex parte appointment requesting a stay. The Court granted an Order Shortening Time ("OST") setting the motion for July 10. No motion was ever filed for that date, so the tentative ruling for July 10 dropped the motion. A court which "drops" a motion is deleting a hearing on that motion from the court's calendar, and is not declaring the motion to be forever a...

Excerpt: ... that she began her employment with Defendant SNYIR, Inc. dba Two Men and a Truck Sacramento, in December 2015. In April 2016, she was admitted to the hospital due to health complications related to her pregnancy and her daughter was born three months premature. She alleges that Defendant would not allow her to return to fulltime work after she returned from maternity leave. In July 2016, Plaintiff resigned because she could not afford a baby‐s...

Excerpt: ...f dangerous condition of public property. Plaintiff allegedly was injured while crossing in an unmarked City crosswalk. Plaintiff's responses were untimely. Thus, her objections have been waived. Form Interrogatory 8.8: GRANTED This form interrogatory concerns Plaintiff's loss of future income. It seeks the facts upon which Plaintiff bases her loss of future income, an estimate of the amount, an estimate of how long she will be unable to ...

Excerpt: ...pursue on a theory of dangerous condition of public property. Plaintiff allegedly was injured while crossing in an unmarked City crosswalk. Plaintiff's responses were untimely. Thus, her objections have been waived. Defendant moves to compel Plaintiff's further responses to RFA nos. 23, 24, 25, 27, 28, 29, 30, 33, 35, 36 and 37. RFA 23, 24, 25, 27, 28, 29, 30, 33 ‐ GRANTED These RFAs seek Plaintiff's admission regarding the authenti...

Excerpt: ... 235, Carmichael California and the second examination by Dr. Williams shall take place that same day at 3:00 p.m. at the same location. In this personal injury action arising from a September 2016 accident, Plaintiff alleges that he was hit by a tractor trailer driven by C.R. England, Inc's employee Bernardo Raul Gutierrez, Jr. while he was crossing the street in his wheelchair. Plaintiff alleges multiple catastrophic injuries rendering him ...

Excerpt: ...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 caused by the withheld discovery. Sanctions should be appropriate to the dereliction, and should not exceed that which is required to protect the interests of the party entitled to but denied discovery. (Lopez v. Watchtower Bible & Tract Society of New York, Inc. (20...

Excerpt: ...f will be addressed at the hearing and the parties should be prepared to point to specific evidence which is claimed to show the existence or non‐existence of a triable issue of material fact. *** Defendant Cordova Recreation and Park District's (“District”) motion for summary judgment, or in the alternative, summary adjudication is ruled upon as follows. This case arises from allegations of discrimination and retaliation under the FEHA and...

Excerpt: ...ntiff pleads causes of action under the FEHA and the CFRA. He alleges among other things that the County discriminated against him because he is African‐American and he was disciplined for taking medical leave to care for his wife while non‐African‐American employees were not similarly disciplined. Plaintiff further asserts the County failed to correct its employees' illegal practices after he complained and the reasons offered for the ...

Excerpt: ...#34;lead case", was filed in 2015 against Labmor, Williams (a Canadian citizen), and other defendants. Defendant Aoraki (an Australian business) was added as a defendant through a Doe Amendment on August 11, 2015. The 2015 complaint alleges causes of action for Negligence and Strict Product Defect. The complaint alleges that on November 21, 2014, Plaintiff attended a marketing promotional event at Smith Flat House Restaurant in Placerville, C...

Excerpt: ...er was previously set for hearing on July 2, 2018. Plaintiffs failed to file an opposition in advance of the hearing, but filed an opposition on the date of the hearing. The Court continued the matter to allow the Court and counsel and opportunity to consider the late‐filed opposition and to allow Defendant McCarty to file a reply brief. The Court notes that the tentative ruling in advance of the July 2 hearing had sustained the demurrer on the...

Excerpt: ...before the Labor Commissioner, this court entered a judgment in the amount of $50,578.61. On 6/04/18, Taylor filed a memorandum of costs, and WellSpace filed this timely motion to tax. (See Lab. Code § 98.2(k) [“The judgment creditor […in an action on a complaint with the Labor Commissioner], is entitled to court costs and reasonable attorney's fees for enforcing the judgment that is rendered pursuant to this section”].) In ruling upon a m...