Excerpt: ... employment dispute involving allegations of discrimination under the FEHA. Sterling's fourth cause of action is for defamation. The County argues that it is entitled to summary adjudication because “the alleged ‘defamation' was nothing more than the internal evaluation of [Sterling]'s work performance” and therefore is inactionable under Jensen v. Hewlett‐Packard Co. (1993) 14 Cal.App.4th 958. Sterling opposes on grounds that the motion ...

Excerpt: ...rises out of plaintiff's prior employment with CDCR. Her complaint asserts various causes of action under the Fair Employment and Housing Act (“FEHA”). In 2015 the parties stipulated to a protective order which permits the parties to designate as confidential certain documents including plaintiff's employment, medical, psychiatric and psychological records so as to limit their use and disclosure to this litigation only but it also permits the...

Excerpt: ...lity in Galt, California during the operation of a machine called a power press, also known as a punch press, Chicago press, or punch press 8, which injured plaintiff Alvaro Alvarez' (“Plaintiff”) right hand and forearm. Plaintiff's right hand and forearm had to be amputated just below his right elbow. Plaintiff filed this action against Defendant on November 14, 2016. In this action, Plaintiff's Second Amended Complaint (“SAC”) alleges t...

Excerpt: ...wheelchair. Trial in this action is currently set for January 14, 2019, and the parties have exchanged expert witness designations. Plaintiff now seeks to have the Court strike some of Defendants 17 retained experts pursuant to CCP § 2034.250(b)(6) on the grounds that some of the expert designations are duplicative. CCP § 2034.250(b)(6) provides that a court may issue a protective order to “reduce the list of employed or retained experts desi...

Excerpt: ...ove, California (the "Property") owned solely by Defendant Kiran Rawat ("Defendant" or "Rawat"). On November 29, 2018, Plaintiffs noticed Defendant's deposition for December 17, 2018, at 9:00 a.m. On December 11, 2018, Defendant sent Plaintiffs an email indicating she was “not available” for deposition on December 17. (Hobbs Decl. ¶ 3, Exh. B‐1.) Defendant did not serve written objections. (Hobbs Decl. ¶ 3.) Plaint...

Excerpt: ...el of Local Rule 1.06 and the Court's tentative ruling procedure. If Defendant's counsel is unable to contact Plaintiff's counsel prior to the hearing, Defendant's counsel shall be available at the hearing, in person or by telephone, in the event Plaintiff's counsel appears without following the procedures set forth in Local Rule 1.06(B). Request for Judicial Notice Plaintiff's request for judicial notice is denied. The Complaint filed by a diffe...

Excerpt: ...hole on the highway related to the construction. Plaintiff is incarcerated at Wasco State Prison, Wasco, California, and is eligible for parole in May of 2020. Prior to Plaintiffs incarceration in August of 2018, defendants noticed Plaintiff's deposition for February 23, 2018 and then April 6, 2018, but were unable to depose him. (Garcia Decl., ¶ 9) Defendants seek an order granting leave to take Plaintiff's videotaped deposition at Wasc...

Excerpt: ...nc., JAMS Reg. No. 1100090976, and (2) the DLSE Opinion Letter regarding the professional exemption is GRANTED. In taking judicial notice of these documents, the Court accepts the fact of their existence, not the truth of their contents. (See Professional Engineers 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].) Defendant's request for judicial noti...

Excerpt: ...s portions of a cause of action that are substantively defective on the face of the complaint. (PH II, Inc. v. Superior Court (1995) 33 Cal.App.4th 1680, 1682‐83; see also Code of Civ. Proc. § 437.) More specifically, a motion to strike should be granted to remove "any irrelevant, false, or improper matter inserted in any pleading," or where the pleadings are drawn in violation of a law, rule or court order. (Code of Civ. Proc. § 436....

Excerpt: ...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 California Department of Toxic Substances Control's (“DTSC”) motion for summary judgment, or in the alternative, summary adjudication is ruled upon as follows. At the outset, the Court notes that DTSC's notice of motion fails to comply wit...

Excerpt: ...about November 21, 2017, following an altercation with his wife. (Compl. ¶ 13.) The deputies transferred Plaintiff to a Kaiser hospital where he was prescribed Ibuprofen prior to his intake with the Sheriff's Department at the main jail. (Compl. ¶ 14.) The following day, Plaintiff was in pain while incarcerated and was seen by correctional medical staff. Plaintiff was released later that same day. Defendant Maria Candalla R.N.'s demurre...

Excerpt: ...worked as a para professional for Defendant Elk Grove Unified School District during the 2015‐2016 and 2016‐2017 school years. The case is currently set for trial to commence on February 25, 2019. The Sacramento County Sheriffs Department arrested Gollas on or about September 16, 2016 and conducted an investigation into the allegations of the complaint. Deputy Mark Francis, Badge #1490 and Detective Heidi Hampton, Badge #567 investigated the ...

Excerpt: ...ng parts of the 2014 and 2015 baseball seasons. Defendant served a business records subpoena on Wells Fargo asking for all of plaintiff's bank records for the period of time he was employed by the Rivercats. On September 7, 2018, Defendant Sacramento River Cats Baseball Club, LLC served Plaintiff with its Deposition Subpoena for Production of Business Records from Wells Fargo Bank, National Association c/o CSC ‐ Lawyers Incorporating Servic...

Excerpt: ...led this lawsuit in March 2017, asserting a sole cause of action for motor vehicle negligence. The named defendants include One Call Medical, Inc. (NJ) dba One Call Care Management as well as Zonecare USA of Delray, LLC (FL) dba One Call Care Transport + Translate (collectively “One Call”), which were sued as One Call Care Management, One Call Medical, Inc. and Coral Acquisitions, Inc. Plaintiff alleges that “One Call provides services to t...

Excerpt: ...onses. Here the Court finds that the drastic remedy of terminating sanctions, is not warranted at this time. “The sanctions the court may impose are such as are suitable and necessary to enable the party seeking discovery to obtain the objects of the discovery he seeks but the court may not impose sanctions which are designed not to accomplish the objects of the discovery but to impose punishment.” (Caryl Richards, Inc. v. Superior Court (196...

Excerpt: ...ax Inc. and Equifax Information Services, LLC's (collectively “Equifax”) demurrer to Plaintiff Nabil Samaan's first amended complaint (“FAC”) is ruled upon as follows. Overview In this action, Plaintiff alleges that he owns multiple residential properties purchased with different mortgage loans being serviced by co‐defendants Wells Fargo Bank, N.A., Cenlar Agency, Inc. and PennyMac Loan Services, Inc. (“Servicers”). The Servicers re...

Excerpt: ...igious standards because Defendant allegedly stuns the lambs prior to slaughter. Plaintiffs seek to certify a class of California consumers who purchased the allegedly mislabeled lamb products during the last four years. The parties have agreed to bifurcate discovery into two phases: class certification issues and merits issues. Plaintiffs served a PMQ deposition notice on Defendant which set forth 14 areas of inquiry. (Chase Decl. Exh. I.) The d...

Excerpt: ...ral negligence. (FAC p.3 ¶ 10(b).) Plaintiff also alleges that he suffered “emotional distress and racial profiling” and he seeks “57.28 Million Dollars” in damages. (Id. ¶ 14.) Plaintiff attached his original complaint which is essentially a single paragraph in which he claims that he suffered racial discrimination when Defendants would not cash a check he brought in for the full amount. The attached original complaint does not set for...

Excerpt: ...tual Background. This is an elder abuse action which was commenced in 2015. On 8/20/2018 defendants propounded Special Interrogatories, Set Nine (consisting of Nos. 461‐562), on plaintiffs, who served on 10/8/2018 their objections and responses to these interrogatories. On 10/15/2018 defendants promptly commenced their efforts to meet‐and‐confer with plaintiffs' counsel regarding the deficiencies claimed to pervade plaintiffs' objections an...

Excerpt: ...;s ("Admiral") motion for judgment on the pleadings on its entire Cross‐Complaint against Plaintiff/CrossDefendant Ghosia, Inc. dba Sinnister Wheels, dba A N A Motoring Accessories ("Ghosia") is UNOPPOSED but is DENIED. In its action, Ghosia alleges it has a general liability insurance policy with Admiral, but Admiral failed to provide coverage after Ghosia was sued in a personal injury action. Admiral filed a cross‐complaint ...

Excerpt: ...ring. The parties should be prepared to point to specific admissible evidence which is claimed to show the existence or non‐existence of a triable issue of material fact. *** Defendant City of Sacramento's (“City”) motion for summary adjudication on plaintiff's two causes of action for inverse condemnation and premises liability is ruled on as follows. Moving counsel failed to comply with the mandatory provisions of CRC Rule 3.1350(b), requ...

Excerpt: ...e statement in opposition, the court now issues the following tentative ruling. Defendants Sutter Terrace Dental Group and Rae Ann Whitten, DDS' motion for summary judgment or alternatively, for summary adjudication is GRANTED since defendants' moving papers are sufficient to carry their initial burden under Code of Civil Procedure §437c(p)(2) and since plaintiff in pro per failed to carry her burden of producing admissible evidence sufficient t...

Excerpt: ...pecific categories for testimony or requests for production that will be addressed at the hearing. The parties are also reminded that pursuant to local rules, only limited oral argument is permitted on law and motion matters. *** Plaintiffs' motion to compel defendant General Motors' (“GM”) further responses to the former's Request for Production, Set One, is GRANTED IN PART and DENIED IN PART, as follows. Both moving and opposing counsel fai...

Excerpt: ...igations under the purchase agreement and accompanying master lease. Plaintiffs filed the operative First Amended Complaint on October 5, 2018, alleging causes of action for breach of contract, breach of the implied covenant of good faith and fair dealing, declaratory relief, intentional misrepresentation, rescission, libel, slander, trade libel, intentional and negligent interference with prospective economic advantage, intentional infliction of...

Excerpt: ...is unopposed. Defendants' request for judicial notice of the Settlement Agreement, which is attached as an exhibit to the FAC, is granted. In taking judicial notice of this document, the Court accepts the fact of its existence, not the truth of its contents. This action arises from the sale of residential property. The parties entered into a Residential Purchase Agreement on or about July 7, 2016. (FAC ¶ 8, Exh. A of Exh. 1.) After a dispute aro...