Excerpt: ...LLC (2013) 2013 Cal.App.4th 772, "we know of no 'official Web site' provision for judicial notice in California." (See L.B. Research & Education Foundation v. UCLA Foundation (2005) 130 Cal.App.4th 171, 180, fn. 2.) "Simply because information is on the Internet does not mean that it is not reasonably subject to dispute." (Huitt v. Southern California Gas Co. (2010) 188 Cal.App.4th 1586, 1605, fn. 10.) In this elder abuse ...

Excerpt: ... before November 1, 2012. (See Second Amended Notice of Motion to Strike, Items 1 ‐ 15) Raley's contends any adverse action that occurred before that date is outside the limitations period for filing a FEHA complaint. A motion to strike may be used to attack any part of a pleading‐even single words or phrases‐ that are "irrelevant, false or improper" or "not drawn or filed in conformity with the laws of this state, a court r...

Excerpt: ... Redacted versions of the summary judgment and the supporting documents were filed on November 6, 2018. (ROAs 24‐26) The redacted information contains Plaintiff's medical information. The redactions are narrowly tailored to only encompass that information. In order to issue the requested order, the Court must find that there is an overriding interest to support the sealing of these records; that there is a substantial probability that the parti...

Excerpt: ...and others. Plaintiff Farhad Hojatoleslami and Defendant Fatemeh are brother and sister. Plaintiffs allege that in February 2000, Plaintiff Farhad Hojatoleslami entered into an oral agreement with Defendants to form a company using funds from his property in Novato (“Novato Property”) to purchase three lots in Fair Oaks (“Fair Oaks Property”). According to the alleged agreement, Plaintiff Farhad Hojatoleslami worked in Defendants' gas sta...

Excerpt: ...�home marijuana cultivation operation. SMUD first noticed Defendant's deposition to be held on November 3, 2017. Defendant did not appear. On January 26, 2018, SMUD filed a motion to compel Defendant's deposition attendance, which was granted. SMUD then noticed Defendant's deposition to occur on March 8, 2018. Defendant again failed to appear. SMUD subsequently moved for issue, evidentiary, terminating, and monetary sanctions. On July 31, 2018, t...

Excerpt: ...tem (collectively “Plaintiffs”). APM was the landlord's property manager. Co‐Defendant Ding Zhang (Zhang) was the landlord. In the operative fourth amended complaint (4AC), Plaintiffs allege they occupied the premises with a Section 8 HUD voucher. They allege a toxic mold infestation as well as other violations of housing laws, and they further allege that there were no timely attempts to repair despite their initial complaints. When repair...

Excerpt: ... against EMSA and others, for age discrimination in violation of FEHA, “Whistleblower Retaliation and Harassment in Violation of FEHA”, disability discrimination in violation of FEHA, national origin discrimination in violation of FEHA, wrongful termination in violation of public policy and defamation. Plaintiff alleges that he was employed by EMSA in an IT position and was threatened with termination or demotion and denied promotions as a re...

Excerpt: ...s from Oil Consumption Engine Defects including, but not limited to, “excessive oil consumption; improper burning/consumption of abnormally high amounts of oil; premature failure of the engine balance chains; premature failure of the fuel pump plunger seal; fuel leaks into the crankcase; rough running of the engine; engine run‐on conditions; loss of power; rough idle; and/or stalling” which “present a safety hazard and are unreasonably da...

Excerpt: ...other torts, punitive damages are available in FEHA cases. (See Commodore Home Systems, Inc. v. Superior Court (1984) 32 Cal.3d 211, 218‐220.) To obtain punitive damages, however, Scott must plead and prove the elements in CC § 3294. Under that section, punitive damages are available where the defendant is guilty of malice, oppression or fraud. Those terms are defined, respectively, to mean “conduct which is intended by the defendant to caus...

Excerpt: ... consider plaintiffs' supplemental opposition filed on 11/30/2018 since Code of Civil Procedure §1005 does not provide for the filing of supplemental papers. Factual Background This is a legal malpractice action brought by plaintiffs in pro per Charles and Victoria Yeager. According to the First Amended Complaint (“1AC”), defendants represented plaintiffs beginning in or about June 2009 and according to the moving papers, plaintiffs breached...

Excerpt: ... for other relief” is denied. Plaintiffs'/Cross‐Defendants' City of Elk Grove and the People of California's (“Plaintiffs”) request for judicial notice is granted. The Court received but did not consider the "reply" filed by Cross‐ Defendant Raj Singh. Mr. Singh has no standing to file a "reply" with respect to a motion brought by Defendant. On November 5, 2018, this Court granted Plaintiffs' special motion to strike Def...

Excerpt: ...ng on sexual harassment prevention on November 27, 2017, is GRANTED. (See Poseidon Devel., Inc. v. Woodland Lane Estates, LLC (2007) 152 Cal.App.4th 1106, 1117‐18.) In taking judicial notice of these documents, the Court accepts the fact that these articles were published and a hearing was held, but not the truth of their contents. (Id.) Defendant's request for judicial notice in support of her reply as to documents in the Court's file is GRANT...

Excerpt: ... oral contracts. The fiduciary duty claim includes an allegation that the conduct constituting the breach was done with oppression, fraud and/or malice within the meaning of Civil Code §3294. Both contract causes of action include in their respective final paragraphs a claim attorney fees according to proof. Defendants contend the complaint fails to plead facts necessary to establish the existence of malice, fraud or oppression to support an awa...

Excerpt: ... the terms and conditions of her employment were governed by a Collective Bargaining Agreement ("CBA") between Delta Dental and the Professional & Clerical Employees Division of Local No. 856 ("the Union). (Id., ¶ 3, Ex. A.) The agreement contained the following provision "No employee or applicant for employment shall be discharged, disciplined, or otherwise discriminated against or denied promotional opportunities because of [.....

Excerpt: ...n at the facility, Eskaton Fountain Wood Lodge (hereinafter "the facility" or "EFL") from February 24, 2012, to March 22, 2012. Plaintiffs contend that defendants administered Ativan to Ms. Lovenstein which acted as a chemical restraint and resulted in an overdose, constituting elder abuse. Plaintiffs also make various fraud claims as well as a negligent infliction of emotional distress claim against defendants, Eskaton, Eskaton P...

Excerpt: ... seek various sanctions against Defendant ZB, N.A. dba California Bank & Trust (“Bank”) for its purported “misuse of the discovery process.” Plaintiffs request monetary sanctions in the amount of $9,840, a contempt sanction, and/or issue sanctions. Alternatively, Plaintiffs seek Bank's further responses to RFAs. 1. Overview On September 20, 2017, Plaintiffs served Bank with Request for Admissions (set one) which included 81 RFAs. Plaintif...

Excerpt: ...of contract, and dual tracking pursuant to the Home Owners Bill of Rights. Civil Code section 2924.11 of the HOBR provides: (a) If a borrower submits a complete application for a foreclosure prevention alternative offered by, or through, the borrower's mortgage servicer, a mortgage servicer, trustee, mortgagee, beneficiary, or authorized agent shall not record a notice of sale or conduct a trustee's sale while the complete foreclosure prevention ...

Excerpt: ...69(g).) Defendant is a pet supply company with store locations in the State of California. Plaintiffs Olivia Angel and Herman Parker are former employees of Defendant. On June 23, 2015, Plaintiff Olivia Angel ("Plaintiff Angel") filed a Class Action Complaint for Damages ("Complaint") in the Superior Court of California, County of Sacramento against Defendant thereby commencing a putative wage ‐and‐hour class action (the "...

Excerpt: ...d, fourth, and fifth causes of action. (ROA 36.) The District now seeks an award of attorneys' fees and costs incurred in bringing the special motion to strike and in bringing this instant motion for fees. The District seeks an award of $9,940 in attorneys' fees and $202.44 in costs incurred in preparing the underlying special motion to strike and this instant motion for fees. A prevailing defendant on an anti‐SLAPP motion is entitled to recove...

Excerpt: ...ents and maintained insurance on the Properties, Cenlar wrongfully claimed Plaintiff was in default and force‐placed insurance on the Properties. As a result, Plaintiff alleges his credit was damaged and he was forced to pay penalties for the purported defaults. Plaintiff brings six causes of action against Cenlar for (1) accounting, (2) breach of contract, (3) breach of the covenant of good faith and fair dealing, (4) negligence, (5) Violation...

Excerpt: ...t to reconsider its May 4, 2018 decision related to ICC's licensing. ICC summarizes its argument as follows: On October 11, 2018, the First District Court of Appeal issued its decision in the matter of Contractors' State License Bd. v. Superior Court (Black Diamond Electric, Inc.) (Oct. 11, 2018, No. A154476) ___ Cal.App.5th ___ [2018 Cal.App.LEXIS 981, at *1]. The case was published on October 31, 2018. ICC advised the court of this new authorit...

Excerpt: ...e proofs of service in the court's files reflecting timely substituted service on 3/24/16. (See Patterson Decl., Exhs. C, E; see also id., Exh. H [minute order].) As the court explained in its minute order, the proofs of service are entitled to a presumption of validity, (Evid. Code § 647), and Defendants' first motion did not include evidence overcoming that presumption. The court denied the first motion without prejudice, however, and Defendan...

Excerpt: ...uch an oversized opposition memorandum. Nevertheless, and despite Defendant's objection, the Court considered the entire reply. In this putative class action, Plaintiff seeks to represent a class of all current and former hourly‐paid or non‐exempt employees who worked for Defendant within the State of California at any time during the period from April 27, 2014 to judgment. Plaintiff propounded special interrogatories 1‐4 which asked fo...

Excerpt: ...allegedly suffered while at Defendant's facility. Dr. Damper refused to comply with the subpoena on the basis that it was not accompanied with either a patient authorization or a Court order. Defendant also issued a subpoena to Costco Wholesale Corp. with respect to Plaintiff's pharmacy orders also related to her claims of injury. Costco refused to respond. Defendant thereafter requested that Plaintiff authorize release of the requested records. ...

Excerpt: ...ngful death cause of action. The action arises from the care the Decedent received at Defendants' facility. Defendants move to compel the action to arbitration on the basis that Janice Zacher (the Decedent's sister) signed an arbitration agreement (“Agreement”) in connection with the Decedent's admission pursuant to a California Healthcare Directive (“Directive”) designating her as the Decedent's healthcare agent to make medical decis...