Excerpt: ... of the documents. This matter was continued to allow defendant to file a Reply to the untimely Opposition. In this action, plaintiff's Second Amended Complaint alleges causes of action against defendants and numerous other entities and individuals for Negligence (1st), Breach of Contract and of the Covenant of Good Faith and fair Dealing (2nd), Fraud by Concealment (3rd), Quiet Title (4th), Negligent/Intentional Infliction of Emotional Distr...

Excerpt: ...ank”) demurrer to Plaintiff Janet Robinson's complaint is ruled upon as follows. Overview This is a Homeowners' Bill of Rights (“HBOR”) action. The named defendants are Clear Recon Corp. (“CRC”) and Bank. Plaintiff Janet Robinson alleges that in April 2006, she financed her property which was secured by a Deed of Trust (“DOT”). In early 2018, due to financial hardship, Plaintiff was unable to make timely mortgage payments. She alleg...

Excerpt: ...dants Caroline Kang, LLC dba Laguna Woods, RCFE (“Laguna Woods”), Caroline Kang and Francis Kang's (the “Kangs”)(collectively “Defendants”) demurrer to Plaintiffs' complaint is ruled upon as follows. Overview This is an Elder Abuse action. Decedent Christine Patton (“Christine”) was a resident a Laguna Woods, a residential care facility for the elderly (“RCFE”). Christine required help transferring in an out of her bed and whe...

Excerpt: ... of a corporation that provides pest control services. The corporation is Plaintiff Blizzard Pest Management, Inc. (BPM). The two BPM officers and directors are Plaintiff Samuel Wesley Blizzard (Blizzard) and Defendant William Raymond Rains (Rains). (The court refers to BPM and Blizzard as “Plaintiffs.”) In their complaint, Plaintiffs allege that Blizzard and Rains each own 50% of BPM's shares. Plaintiffs are suing Rains and Rains' recently f...

Excerpt: ... competing declarations regarding the meet and confer efforts which are confusing at best and they seem to be arguing about what was discussed and whether any agreement was reached. The Court was unable to determine exactly what, if anything, was resolved by the meet and confer efforts. The Court notes that the demurrer indicates that Cross‐Defendant concurrently filed a special motion to strike pursuant to CCP § 425.16 with respect to the fir...

Excerpt: ...led via a successful motion summary judgment. WFB now seeks attorney fees pursuant to Civil Code § 1717 related to the litigation of this case. Plaintiff filed a similar fee motion in March 2018, which this Court denied without prejudice. In that minute order, the Court concluded that while it found the hourly rate charged by Plaintiff's counsel to be reasonable, but denied the motion on the grounds it was unable to determine whether counsel had...

Excerpt: ...lemental briefing in response thereto. Factual and Procedural Background Petitioner Parker Turner Albright, PC, a law firm, (“PTA”) was formed in April 2017. Attorneys Marcus Turner and Port Parker each hold a 50% shareholder interest in PTA. Michelle Albright jointed PTA as a named partner, but is not a shareholder. On December 29, 2017, Respondent Port Parker (“Parker”) executed and served a Written Consent to Dissolve, authorizing the ...

Excerpt: ...ary 14, 2019. The Clerk shall fax a copy of the tentative ruling to the litigation coordinator. The litigation coordinator shall provide the tentative ruling to Plaintiff Frank Lee Dearwater, Appearance is required on January 14, 2019. Plaintiff Frank Lee Dearwater shall be available by COURTCALL, to participate in oral argument on the continuance date. The Court previously issued a tentative ruling sustaining Defendant's demurrer without leave t...

Excerpt: ...ACTS According to Plaintiffs' Complaint, this matter is based on an underlying lawsuit in this Court. In that case, Case No.34‐2009‐00067457, Plaintiff Edward J. Broussard, Sr., filed suit against Cambridge (Natomas) LP and Cambridge Communities, LLC, seeking damages related to defective construction of nine houses in the Northpointe Park, Village 31 subdivision. After several amendments to the Complaint in the underlying case, there were 33 ...

Excerpt: ...ses liability) and negligence per se against numerous defendants in connection with injuries she sustained when she fell off a sidewalk at a Rite Aid. Defendants' separate statement includes the following. In 2007, Thrifty Payless, Inc. dba Rite Aid (“Thrifty”) approached PDC to develop a Rite Aid at 9260 Elk Grove Boulevard (the “Property”). PDC received final approval for plans, specifications and conditions from the City of Elk Grove o...

Excerpt: ...that Defendants are liable on theories of negligence and premises liability. Defendants move for summary judgment on the ground that the lip in the sidewalk was a “trivial defect” and, therefore, they had no duty to repair it. (See Stathoulis v. City of Montebello (2008) 164 Cal.App.4th 559, 567 [“trivial defect” is not an affirmative defense, but rather is an aspect of the landowner's duty that the plaintiff must plead and prove].) To su...

Excerpt: ...e underlying transaction between the parties concerned a loan to Defendants Mariya Chkuaseli and Durmishkhan Chkuaseli's business CargoTek which they personally guaranteed. Defendants argue that the sister state judgment from New York was premised on a confession of judgment which did not comply with due process and was not a knowing, voluntary and intelligent waiver of constitutionally required notice and a hearing before entry of judgment again...

Excerpt: ...y 28, 2016 hearing with respect to a dispute between VSP and Respondent Gordon Epstein, O.D. regarding VSP's decision to terminate its contract with Dr. Epstein and seek restitution based on improper claims submitted and paid by VSP. The parties entered into a network doctor agreement (“NDA”) which contained a “Fair Hearing” provision which provided that in the event of a dispute as to any discipline imposed against a Network Doctor, the ...

Excerpt: ... noticed over 70 depositions, the notices of which contain 774 requests for production of documents, all within a short period of time. During this same time‐frame, Plaintiff also served 5 sets of discovery on Sacramento Post‐Acute (including form interrogatories, special interrogatories, requests for production of documents, and requests for admission), two sets of discovery to Plum Healthcare Group, LLC, and initial discovery to the five de...

Excerpt: ...ected 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, along with the correct address for Dept. 53/54. 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. Moving counsel failed to comply with CRC Rule 3.1110(b)(3)‐(4). Opposing counsel failed to compl...

Excerpt: ... oral argument must still be made by 4:00 p.m. on Tuesday, 12/18/2018. Defendant CAPPO Management XXIX, Inc. dba Harrold Ford's motion to compel arbitration is ruled upon as follows. Overview In this action, Plaintiffs Margaret Campana (“Campana”) and Dianna Brock (“Brock”) (collectively “Plaintiffs”) are suing their employer for various Labor Code violations for unpaid overtime compensation; failure to pay compensation for forfeited ...

Excerpt: ...s 1‐4, 8‐9, 12‐14, and 21‐26, is ruled upon as follows. In this slip‐and‐fall personal injury action, Plaintiff alleges she fell and injured her right knee on April 8, 2017, at the Target store located at 1919 Fulton Avenue, Sacramento, California. Plaintiff's alleged injury to her right knee required surgical repair. Plaintiff alleges the fall was caused by rain water tracked in from outside and that the store negligently failed to p...

Excerpt: ...a Department of Motor Vehicles (“Respondent”) and operated by one of the Respondent's employees. Petitioner is an immigrant from India, speaks limited English, and has a limited understanding of the American justice system. (Laskin Decl. ¶ 4.) Following the collision, Petitioner retained the services of the Mann Law Firm. (Kaur Decl. ¶ 4.) She forwarded all communications addressed to her to her attorney at the firm. (Kaur Decl. ¶ 5.) In o...

Excerpt: ...e DOC she contends was the basis for its retaliation. (Sanders decl. Ex. A.)" 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 parties' interest will be prejudiced absent sealing; that the proposed sealing is narrowly tailored to serve the parties' interest; and that there is no less restrictive mean...

Excerpt: ... Plaintiffs' Request for Judicial Notice of the court order granting a Limited Judgment Appointing Guardian Conservator for Roy Masters is granted. Defendants' Evidentiary objections are overruled. Defendants seek and order quashing the service of summons in this action for lack of personal jurisdiction pursuant to Section 418.10(a)(1) of the Code of Civil Procedure. Defendants contend that this Court does not have personal jurisdiction o...

Excerpt: ...plaint against Defendant and others. Plaintiff alleges causes of action against Defendant for invasion of privacy, public disclosure of private facts, false light, and IIED. The causes of action against Defendant arise out of allegations that Defendant wrongfully accessed Plaintiff's medical records and publicized certain information from the records. Plaintiff contends that he was going through a divorce and child custody dispute with Ivy Ro...

Excerpt: ...Code of Civil Procedure section 439. Section 439 provides that "(a) [b]efore filing a motion for judgment on the pleadings pursuant to this chapter, the moving party shall meet and confer in person or by telephone with the party who filed the pleading that is subject to the motion for judgment on the pleadings for the purpose of determining if an agreement can be reached that resolves the claims to be raised in the motion for judgment on the ...

Excerpt: .... *** Plaintiff Dene Starks' motion to compel further responses to Special Interrogatories and Inspection Demand is ruled upon as follows. This is a putative class action for race and sex discrimination, failure to prevent and various violation of the Labor Code. Plaintiff proposes the following two subclasses: (a) persons in the employ of Nationwide in California as Commercial Underwriters whom Nationwide misclassifies as exempt from June of 201...

Excerpt: ... request for oral argument must still be made by 4:00 PM today. (See Local Rule 1.06.) ** This is a putative class action. Plaintiff Michael Smith, individually, and on behalf of all others similarly situated, alleges that they are “individual gamers who have been deceived into making in‐game purchases of deceptively marketed in‐ game items in Defendant's immensely popular games Overwatch and Hearthstone. Defendant contends that Plaintiff a...

Excerpt: ..., he was in a car accident with another vehicle which resulted in a total loss of his vehicle. Plaintiff alleges that UFCC wrongfully determined that there was no coverage for the damage. UFCC explained that it denied coverage “[s]ince the purpose of the use of the vehicle at the time of the loss [was] ‘to carry persons or property for compensation or a fee' as indicated by the [Lyft] app's ‘on' status, this exclusion applies regardless...