Excerpt: ...tective order is denied. This action involves a dispute over unpaid attorneys' fees between Plaintiffs and Defendant. The Court notes that it granted Defendant's special motion to strike Plaintiffs' complaint on August 2, 2018. Defendant's cross‐complaint for conversion, fraud and money had and received remains pending. Plaintiffs move to disqualify Defendant's counsel on the basis that counsel has an irreconcilable conflict of interest after a...

Excerpt: ... (collectively “Defendants”) for summary judgment or, in the alternative, summary adjudication of issues is GRANTED in part and DENIED in part. Defendants' request for judicial notice of the first amended complaint (FAC) is GRANTED. Defendants' objection to Plaintiff Lisa Stellmacher's (Stellmacher) Notice of Errata, which contains pages missing from deposition transcripts cited in the opposition, is OVERRULED. Because Defendants possessed th...

Excerpt: ...t Defendants who were in his supervisory chain of command created false probationary reports indicating that his 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. Plaintiff also claims that he raised numerous litigation strategy questions and raised issues regarding unethical, improper and unlawful conduct. He alleg...

Excerpt: ...after “2017 litigation”) in which Plaintiffs unsuccessfully alleged the same facts and also some of the very same causes of action. In fact, as the Court noted at the time, “[this] lawsuit is verbatim identical to the Complaint filed in the prior litigation. The primary difference between the two lawsuits is that here Plaintiffs sue Cornerstone Valuation as the sole named Defendant, while in the first action, they sued [Cornerstone's counse...

Excerpt: ...trict” or “SCUSD”), Matthew Schlager (“Schlager” or “Asst. Principal Schlager”), Iyuanna Pease and Mirna Perez (collectively “Defendants”) is OVERRULED in part and SUSTAINED in part. The court takes judicial notice of the Claim for Damages (Claim) filed with the District on or about 7/28/17. The document is an official record. Although neither side filed a request for judicial notice of the document, both sides submitted a copy ...

Excerpt: ...ed as his treating nurse through Sacramento County Correctional Health Services and discriminated against him and denied him medical services. The Court would note that it previously overruled Defendant's demurrer to the first cause of action for negligence in the original complaint, sustained the demurrer without leave to amend as to the second cause of action for IIED and sustained the demurrer with leave to amend as to the third cause of actio...

Excerpt: ...ejects Defendant's argument that the motion be denied because it was served on October 29, 2018, by regular mail which only provided 16 Court days' and 4 calendar days' notice rather than the 16 Court day's and 5 calendar days' notice required by CCP § 1005(b). Indeed, as seen from the reply, the POS showed proof of service by overnight mail on 10/29. The fact that it was not received until 10/31 is not determinative. Indeed, service is complete...

Excerpt: ...cted to contact opposing counsel and advise him/her of Local Rule 1.06 and 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 was filed on 6/11/2018 by plaintiff Voogd against SFM, which operates a “Sprouts Farmers Market,” and one of its...

Excerpt: ...7, Plaintiff and defendants Vicki A. Pfingst and Angela Saldivia (collectively, “Defendants”) entered into a Commercial Property Purchase Agreement for the sale of commercial real property located at 3230 Broadway for $775,000. In order to finance the purchase, Plaintiff executed an Installment Note as well as a deed of trust in favor of Defendants covering the property to secure the Note. Pursuant to the terms of the Note, Plaintiff agreed t...

Excerpt: ...r 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. Opposing counsel failed to comply with CRC Rule 3.1110(b)(3)‐(4). Factual Background This is a personal injury action. Plaintiffs Seanne and Steven Villanueva allege that Seanne has worked as a graphic designer for California Professional Firefighters since 1986 and durin...

Excerpt: ...ment 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 failed to comply with CRC Rule 3.1110(b)(3)‐(4). Factual Background This is a lemon law case relating to a 2010 Chevrolet Equinox purchased by plaintiffs. The complaint asserts cause...

Excerpt: ...l Defendant to produce documents in response to Plaintiffs' Requests for Production Sets Four and Five. RFP Set Four RFP Nos. 96‐97 RFP No. 96 seeks “All DOCUMENTS sufficient to show the total RUG distribution of all patients in YOUR subacute unit during the period of January 1, 2012 ‐ December 31, 2014.” RFP No. 97 seeks “All DOCUMENTS sufficient to show the total RUG distribution of all patients in YOUR non‐subacute unit during the ...

Excerpt: ...ssed Appellant's claim. (Weiland Decl. ¶ 7, Exh. B ¶¶ 1‐6.) A Berman hearing never took place. (Weiland Decl. ¶ 7, Exh. B ¶ 9.) On September 27, 2018, Appellant filed a Notice of Appeal of the Labor Commissioner's dismissal with this Court, which was filed 21 days after the Notice‐Investigation Completed indicating the dismissal was served. (Weiland Decl. ¶ 7, Exh. B ¶¶ 1‐6, Exh. C ¶ 8, Exh. D ¶ 10.) Parenthetically, the Californi...

Excerpt: ...ion, p. 1.) Citation to the federal rules of civil procedure do not inform this Court's law and motion practice, which is governed by State statutes, set forth in the Code of Civil Procedure and the Rules of Court, inter alia. Nonetheless, this does not, by itself, mandate denial of the motion. Defendant Kalin Williams requests the court take judicial notice of several documents filed with the Seminole County Family Court, Case No. 2016DR0048...

Excerpt: ...years has elapsed from the commencement of the case and from the time summons and complaint was served on defendant Talani, dismissal is mandatory. CCP 583.210 provides (a) The summons and complaint shall be served upon a defendant within three years after the action is commenced against the defendant. For the purpose of this subdivision, an action is commenced at the time the complaint is filed. (b) Proof of service of the summons shall be filed...

Excerpt: ...ing, Inc. Cholakian seeks the Court's determination pursuant to Civil Procedure Code sections 877 and 877.6(a) that the settlement was in good faith, The complete settlement agreement is lodged separately under seal. (see ruling on Motion to Seal) Elaine McDonold, a driver for Silva Trucking ("Silva"), was involved in a head‐on collision with Debra Hackett, who was driving a bus. The injuries to Hackett were significant. Silva was i...

Excerpt: ... and Willis Ward (the “Wards”) allege that in November and December 2015, Ahryah was subjected to inappropriate and abusive sexual contact by two fellow female students enrolled in the afterschool program at St. Hope Public School #7. On 9/11/2018, the Court granted Defendants' motion for summary judgment. Specifically, the Court found that it was undisputed that Ahryah admitted to a social worker with Child Protective Services that she was n...

Excerpt: ...concerns the 7th cause of action only and does not effect the remaining causes of action. Defendants' Evidentiary Objections to the Declaration of Jill Telfer are sustained. The Court does not consider extrinsic evidence in ruling on a demurrer. A demurrer “tests the pleadings alone and not the evidence or other extrinsic matters.” (SKF Farms v. Superior Court (1984) 153 Cal.App.3d 902, 905.) The only issue involved in a demurrer hearing ...

Excerpt: ... Court's tentative ruling system, as required by California Rule of Court 3.1308 and Local Rule 1.06(D). Moving party is directed to contact non‐moving party forthwith and advise of Local Rule 1.06(D) and the Court's tentative ruling procedure. If moving party is unable to contact non‐moving party prior to hearing, moving party shall be available at the hearing, in person or by telephone, in the event non‐moving party appears without follow...

Excerpt: ...hat if officers, directors or persons having charge of the entity's assets or the agent for service of process of the corporation cannot be located with reasonable diligence, the party wishing to serve the corporation with process may apply to the Court for an order allowing service of the summons via the Secretary of State: “If an agent for the purpose of service of process has resigned and has not been replaced or if the agent designated cann...

Excerpt: ...ent that occurred on September 8, 2015. (UMF 1.) There were two individuals involved in the accident: Plaintiff and Defendant Oregel. (UMF 2.) Defendant Rivera, the moving party, was added as a defendant by Doe Amendment on October 19, 2017. (UMF 3.) It is undisputed that Defendant Rivera was not involved in the accident giving rise to this action. (UMF 4.) Defendant Rivera's client is Defendant Oregel; Defendant Rivera is not the insurance agent...

Excerpt: ... which substantiates her claims that (1) no payment on the TPP was due in February 2018 and (2) she made all the payments required under the TPP, while defendant Wells Fargo Bank (“Bank”) was directed to submit documentary evidence which substantiates its claims that (1) plaintiff's February payment was returned for insufficient funds and (2) plaintiff herself requested to cancel the TPP payment due on March 1st. The court received Bank's sub...

Excerpt: ...d. This is an elder abuse action. Plaintiff George Merchant, by and through his successor in interest, Nica Gauff (“Plaintiff”) alleges that George Merchant (“Decedent”) was transferred from Kaiser Hospital to Capital Transitional Care on August 3, 2015. Plaintiff alleges that while in the care of Capital Transitional Care, he was neglected and abused by the staff, which caused him to suffer from an infection, pressure ulcers, bruising, d...

Excerpt: ...ant Wells Fargo Bank, N.A.'s (“Defendant”) demurrer to Plaintiff Maureen Singh's (“Plaintiff”) complaint is ruled upon as follows. The Court did not consider Plaintiff's request for judicial notice in ruling on the demurrer. Overview This is a non‐judicial foreclosure action. Plaintiff alleges that in June 2016, she took out a Federal Housing Administration Loan (“FHA Loan”) in the amount of $242,526, which was secured by a Deed...

Excerpt: ...holly separate from the allegations in the Complaint, Plaintiffs submitted to GM a claim for personal injuries on behalf of their minor daughter, whom they contend sustained an injury caused by the Suburban's running boards in October 2017. GM responded to that personal injury claim and attempted to resolve it with Plaintiffs, but the parties could not reach an agreement. This action does not involve a personal injury claim, and Plaintiffs' minor...