Excerpt: ... 40.) The Court does not have any record that Plaintiff has obtained new counsel. Accordingly, Plaintiff is currently proceeding in pro per. In this personal injury action, Defendant served Plaintiff with three separate deposition notices on October 2, 2017, again on November 13, 2017, and finally on December 6, 2017. Each time Plaintiff's counsel contacted defense counsel one to three days prior to the scheduled deposition to advise that Pla...

Excerpt: ...st (collectively “Plaintiffs”). In their complaint filed on 8/08/17, Plaintiffs allege that Elliott and others are responsible for ongoing water damage to their property. The complaint contains causes of action for negligence, “Diversion of Surface and Related Waters,” “Diversion of Waters from Natural Watercourse,” trespass, nuisance and declaratory relief. In its answer, Elliott raised statutes of limitations as a defense, including...

Excerpt: ...ants failed to authorize and cover certain brand name medications prescribed by her physician, as required by the Medi‐Cal health plan agreement. Plaintiff alleges that as a result, she suffered a seizure on September 18. 2015, resulting in a severe burn to her hand. Plaintiff filed her original form complaint on September 18, 2018, alleging four causes of action for breach of contract, fraud, general negligence, and intentional tort. After the...

Excerpt: ...ntiff shall be available by COURTCALL, to participate in oral arguments. Defendants Marisela Montes, Cheryl Carlson, and Jennifer Shafer's (collectively, “Defendants”) demurrer to plaintiff in pro per Arthur Austin's (“Plaintiff”) complaint is UNOPPOSED and is ruled upon as follows. The Court has received Plaintiff's Amended Complaint. However, the Amended Complaint was filed on October 3, 3018, which was not prior to Plaintiff's ...

Excerpt: ... regarding relevant Sacramento County Code sections; Ordinance sections of the Sacramento Regional County Sanitation District and Sacramento Area Sewer District; and a Notice of Utility Lien isunopposedand is granted. FACTS As nearly as the Court can ascertain from Plaintiffs' unintelligible Complaint, Plaintiffs (acting in propria persona) allege that they are the owners of real property at 9123 Linda Rio Drive in Sacramento. According to Plaint...

Excerpt: ...arranty Act and the Magnuson‐Moss Warranty Act. The defendant is FCA US, LLC (LCA). Trial is set to commence on 1/29/19. On 8/03/18, the court entered an order directing FCA to produce one or more persons most qualified (PMQ) for deposition on certain topics, as well as to produce documents responsive to requests in the PMQ deposition notice, no later than 8/31/18. (See Oliva Decl., Exh. 4.) The order also directed counsel to meet and confer in...

Excerpt: ...or obtaining injunctive relief in this case. The Court granted a TRO on April 14, 2016. The Court noted in issuing the TRO that "Although the Declaration of Fry is sparse, the court is understandably concerned about dual‐ tracking, and is giving plaintiffs the benefit of the doubt." After several stipulated continuances of the hearing approved by the Court, on August 2, 2016, Judge Rodda entered a Minute Order granting Plaintiffs' r...

Excerpt: ...laintiff as general manager of GPHA. Plaintiff alleges various oral agreements were entered into by him and Gallagher during his employment negotiations wherein Galagher promised Plaintiff he would receive 10% in equity of GPHA as a “sign‐on bonus” plus 2% of sales. Plaintiff also alleges Gallagher later agreed to provide Plaintiff an additional 10% ownership interest in both companies in exchange for Plaintiff forgiving payroll debt and un...

Excerpt: ...nt General Motors, LLC's demurrer to Plaintiffs James and Christine McMenimen's complaint is ruled upon as follows. Overview This is a lemon law action. Plaintiffs allege that on December 28, 2009, they purchased a 2010 Chevrolet Traverse. Plaintiffs allege that in connection with the purchase, the received an express written warranty, including, “the 3‐year/ 36,000 mile basic bumper‐to‐bumper warranty, a 5‐ year/100,000 mile powertrain...

Excerpt: .../2018 the court partially granted plaintiff MyEcheck, Inc.'s (“MEC”) motion for protective order in connection with defendant Maciora's Requests for Production, Set Four (“RFP”). These RFP sought the production of the “valid and effective” copy of the “UBA contract,” “Tangiers Capital contract,” and “Chicago Ventures contract.” The contracts with these three entities are specifically alleged to be the basis for MEC's cause...

Excerpt: ... Enforcement case since October 25, 2017 as a result of the accumulation of trash, junk and debris. City alleges that the Subject Property was the subject of eight previous Code Enforcement cases regarding similar issues. City now seeks a preliminary injunction prohibiting the maintenance of the Subject Property as a nuisance. “To obtain a preliminary injunction, a plaintiff ordinarily is required to present evidence of the irreparable injury o...

Excerpt: ...n Brewing Company are the Lessees and Sublessors, respectively according to the terms of the leases. (Declaration of Frenn, Ex. A) Defendants are the sublessees. However, the First Amended Complaint alleges that "Lockdown Brewing Company LLC" is the party to the master lease and the sublease. Defendants therefore contend that "Lockdown Brewing Company LLC" is not the real party in interest because it is not a party to the lease or...

Excerpt: ...is faced with yet another serial discovery motion. On May 16, 2018, the Court previously granted Plaintiffs' motion to compel Defendant to produce this specific PMQ and also to produce the documents requested in the PMQ deposition notice. (ROA 115) On July 9, 2018, Plaintiffs deposed the PMQ regarding Plum's organizational structure but the PMQ did not bring all the documents requested in the deposition notice. Specifically Plaintiffs claim that ...

Excerpt: ... court's tentative ruling system, as required by Local Rule 1.06, and does not provide the correct address for Dept. 53/54. Moving counsel is directed to contact plaintiff in pro per 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 plaintiff prior to hearing, moving counsel is ordered to appea...

Excerpt: ...ing and created unnecessary work for the Court. Defendant initially noticed this motion for October 31, 2018 but included the incorrect law and motion department on the notice. It then apparently filed the identical motion and noticed it for hearing on November 13 and 14 in this department. Defendant wrote a letter to the Clerk requesting that the Clerk drop the November 13, hearing, but never requested that the Clerk drop the October 31, 2018 he...

Excerpt: ...nses. DGS opposes on several grounds, including that the motion is actually one for further responses and, therefore, is untimely given the 45‐day rule in CCP § 2031.310. That section provides, in relevant part: (a) On receipt of a response to a demand for inspection, copying, testing, or sampling, the demanding party may move for an order compelling further response to the demand if the demanding party deems that any of the following apply: (...

Excerpt: ...intiffs were able to file a complete reply. In this personal injury action arising from a July 24, 2015, motor vehicle accident, Plaintiffs propounded their request for production of documents (set two) on Defendant Andrew Moreno. At issue on this motion are Requests 69 and 70 which asked Defendant for all documents relating to any video surveillance, including any sub rosa surveillance, taken of Plaintiffs at any time since July 24, 2015. Defend...

Excerpt: ...inator was directed to provide the tentative ruling to plaintiff G. Daniel Walker. Appearance is required on November 14, 2018 (this date). Plaintiff G. Daniel Walker shall be available, by COURTCALL, to participate in oral argument on the continuance date. Defendants Mike Marlin's, et al.'s motion to declare Plaintiff a vexatious litigant is ruled upon as follows. Defendants' request for judicial notice is granted. Incarcerated Plaintiff G. Dani...

Excerpt: ...ck and experienced some residual dizziness. Plaintiff was also involved in a motor vehicle accident on March 10, 2016 when he was rear‐ended by a vehicle driven by Lyubov Ponomar in which he suffered injuries to his head and neck and experienced dizziness. Defendants Robert Goff and Airgas, LLC issued six subpoenas seeking Plaintiff's entire medical and billing history from 2006 to present from the medical providers with whom Plaintiff treated ...

Excerpt: ...f action pled in the third amended complaint. Defendant argues that a declaration is not a proper pleading given that CCP § 422.10 provides that the “pleading allowed in civil actions are complaints, demurrer, answers, and crosscomplaints.” He also argues that a declaration is only allowed as an attachment to a complaint as a verification for a verified complaint. (CCP § 446.) Plaintiff's opposition argues that the attachment is mislabeled ...

Excerpt: ... court's tentative ruling system, as required by Local Rule 1.06, and does not provide the correct address for Dept. 53/54. Moving counsel is directed to contact plaintiff in pro per 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 plaintiff prior to hearing, moving counsel is ordered to appea...

Excerpt: ... in the alternative, summary adjudication of issues is GRANTED in part and DENIED in part. Regents' request for judicial notice of court documents is GRANTED. Overview This case presents an employment dispute. The plaintiff and former employee is Mona G. Flores, M.D. (“Dr. Flores” or “Plaintiff”). Regents is the defending former employer. In the operative first amended complaint (FAC), Dr. Flores alleges: “7. On or around October 1, 201...

Excerpt: ...rminated on March 20, 2017, for filling family prescriptions unsupervised, checking himself out unsupervised, and failing to obtain management sign‐offs for family member prescriptions and register receipts. Plaintiff filed his complaint on April 21, 2017, against Raley's and two other individual defendants who have been dismissed from the action. The Complaint alleges the following three causes of action: (1) FEHA/CFRA retaliation and harassme...

Excerpt: ...f the concrete stairs failed, causing him to fall awkwardly and injure his knee, neck, and lower back. By way of this motion, Defendants seek the following relief: a) The appointment of a discovery referee to monitor depositions of defense witnesses, to hear and determine all discovery motions and disputes relevant to said depositions, including those listed below, and to report findings and make recommendations thereon; b) An order prohibiting q...

Excerpt: ...tairs failed, causing him to fall awkwardly and injure his knee, neck, and lower back. Plaintiff previously noticed the depositions of the property maintenance manager, Jon Amaral, the property's principal owner, Peter Afrooz, and the property management company owner, Dick James. During the deposition of Mr. Amaral, defense counsel took the position that Mr. Amaral could not be asked about the prior history of the property, claiming the defe...