Excerpt: ... Cause (“OSC”), the Court stayed the receivership through October 31, 2018, to give Mrs. McGuire the opportunity to remedy the Property's nuisance violations herself. For the reasons that follow, the Court will continue the stay until January 11, 2019. However, if Mrs. McGuire does not demonstrate concrete steps to remedy the Property's nuisance violations as detailed infra, the Court hereby gives notice that it shall entertain a motion to li...

Excerpt: ...tion is any written or oral statement or other conduct in furtherance of the exercise of defendants' the constitutional right of petition or the constitutional right of free speech which is protected under Code of Civil Procedure §425.16. Defendants' request for leave to file (after the 60‐day deadline in §425.16(f)) an additional special anti‐SLAPP motion to strike the first three causes of action alleged in the 2AC is DENIED for the same ...

Excerpt: ...f here in numerous other pending lemon law cases between GM and other plaintiffs represented by the same firms involved on the instant motion. The Court has informed the parties that it expects them to engage in further meet and confer efforts to agree on a model protective order to be used in each Lemon Law action between the same counsel and involving the same issues. However, the Court is yet again faced with an identical motion due to the par...

Excerpt: ...mons. The Court essentially found that self‐represented Plaintiff Anna Tagintseva's proof of service stating that Defendant was personally served with the summons and complaint was not true. The Court found that the declarations submitted in connection with the opposition to the motion to quash were not credible. Defendant now seeks $1,500 in sanctions pursuant to CCP § 128.7. Here, despite the above, the motion must be denied for failure to c...

Excerpt: ...ments requested in the notice of deposition. Plaintiffs served the notice of deposition for the PMQ on July 18, 2018 noticing the deposition for August3, 2018. The notice sought a PMQ for three subject areas: (1) the general contents of patient charts maintained at the nurse's station for residents at the facility in 2014; (2) the manner in which those charts were maintained; and (3) the manner in which documents in the charts are removed if the ...

Excerpt: ...viduals to explore the relationships between the corporate defendants and the degree of control exerted over the subject facility for purposes of their alter ego, joint venture, etc. theories. Plaintiffs noticed the depositions on June 26, 2018. Defendants objected to the depositions on various grounds including that the witnesses were apex employees. Plaintiffs indicate that Defendants' counsel stated that they should be able to “work somethin...

Excerpt: ...ant has filed separate motions to compel regarding the responses provided by both Plaintiffs. It appears that the discovery propounded to both Plaintiff Khaira and Plaintiff Avala were exactly the same, as were each Plaintiff's responses. Moving Defendant Hill Physicians Medical Group has placed the same responses provided by each Plaintiff at issue in both motions. Indeed, Plaintiffs have filed a “consolidated” opposition to the motions, not...

Excerpt: ...A's motions are GRANTED as follows. Background For many years, Plaintiff Jimboy's Marketing, Inc. (“JMI”) acted as an area franchisor for Jimboy's Tacos restaurants under a Master Franchise Agreement with non‐party Jimboy's Tacos, Inc. JNA is the successor to Jimboy's Tacos, Inc. In 2012, JMI and JNA entered into a Transition Agreement, in which JMI assigned to JNA 38 franchised restaurants and other assets collectively valued at approximat...

Excerpt: ... are litigating over damages. Defendants learned in discovery that Plaintiff obtained treatment from Greater Sacramento Surgery Center (“GSSC”) from Philip J. Orisek, M.D. (“Orisek”). They also discovered that MedFin Manager, LLC purchased the lien on Plaintiff's account. Thereafter they sought to obtain discovery from Orisek the amount MedFin paid Orisek on Plaintiff's account. The meet and confer correspondence indicates that Orisek's c...

Excerpt: ...]his Motion is made on the grounds that the Complaint on which the Lis Pendens is based does not contain a real property claim." Notice, p. 1, ll. 23‐24. In the instant matter, STGC requests that this court expunge that Notice of Pendency of Action recorded with the Sacramento County Clerk Recorder concerning the real property owned by Barbara Borkowski, located at 2121 Magnum Court, Elverta, CA 95626, on the basis that the Notice of Penden...

Excerpt: ...tially unlawful and/or wasteful matters. By way of background the Court sustained Defendant's demurrer to her cause of action for violation of the California Whistleblower Protection Act (“WPA”) on the basis that she had not sufficiently alleged any protected activity. Defendant argued that Plaintiff could not amend the complaint without violating the attorney‐client privilege. The Court recognized that relevant case law indicates that wher...

Excerpt: ...ass action lawsuit based on his contention that Defendants' policies and practices violated California law, including the failure to provide meal and rest periods, failure to provide accurate wage statements, failure to keep accurate records of hours worked, and failure to pay final wages. See generally Exhibit B. Plaintiff further alleged Defendants' policies and practices resulted in derivative violations and penalties and resulted in u...

Excerpt: ...ineers 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]; Steed v. Department of Consumer Affairs (2012) 204 Cal.App.4th 112, 120‐121 [“[W]hile the existence of any document in a court file may be judicially noticed, the truth of the matters asserted in those documents, including the factual findings of the judge who was sitting as the trier of fact, is not ...

Excerpt: ...yquiengco's (“Plaintiff”) complaint is unopposed and is ruled upon as follows. Defendants' request for judicial notice of the Notice of Trustee's Sale is granted. In taking judicial notice of the recorded land document, the Court accepts the fact of their existence, not the truth of their contents. (Herrera v. Deutsche Bank Nat'l Trust Co. (2011) 196 Cal.App.4th 1366, 1375.) Factual and Procedural Background In August 2005, Plaintiff obtained...

Excerpt: ...irected 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. The court did not consider the declarations filed in opposition to this demurer since such extrinsic evidence is beyond the permissible scope of...

Excerpt: ...ul acts including stealing and misusing Plaintiffs' assets and property, breaching their fiduciary duties as Plaintiffs' officers and members, and secretly forming DCM to directly compete with Plaintiffs. Plaintiffs filed their complaint on March 9, 2018, alleging causes of action for: (1) violation of Penal Code § 502, (2) violation of the Uniform Trade Secrets Act (the “UTSA”), (3) common law misappropriation of trade secrets, (4) unfair c...

Excerpt: ... Duke (“Duke”). OSP owns commercial real property on J. Street. OSP is manager‐managed. Duke was the initial manager of OSP. Duke owns 12.5% of OSP, while Plaintiffs own the remaining 87.5%. Plaintiffs allege that in May 2018, they discovered that Duke misappropriated almost $40,000 in unauthorized “leasing commissions” and “construction management fees.” In June 2018, Plaintiffs executed an Action by Written Consent (“Written Con...

Excerpt: ...us, as is the case with attorneys, self‐represented litigants must follow correct rules of procedure. (Nwosu v. Uba (2004) 122 Cal. App. 4th 1229, 1246‐1247; see also Rappleyea v. Campbell (1994) 8 Cal. 4th 975, 984.) Plaintiff's Request for Judicial Notice of the two prior orders denying motions to disqualify the City Attorney is granted. The motion is denied on both procedural and substantive grounds. The motion is procedurally defectiv...

Excerpt: ...ving age living in his residence. (Comp. ¶ 16.) He alleges that on April 25, 2017, Plaintiff was in an automobile collision. (Id. ¶ 19.) Plaintiff filed a claim with National General and was asked whether any adults of driving age lived in the same residence as him and he responded that an adult of driving age had recently moved in. (Id. ¶ 21.) National General's representative informed him that his policy was terminated and that no coverage w...

Excerpt: ...v. General Motors, LLC is granted. In this Lemon Law action, Plaintiff alleges that the Vehicle, a 2010 Chevrolet Equinox, suffers 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; e...

Excerpt: ...Deed), the third for Breach of Contract, the fourth for Breach of Implied Contract, the fifth for Breach of Fiduciary Duty, the sixth for Breach of Fiduciary Duty, the seventh for Fraud ‐ Concealment, the eighth for Fraud ‐ Concealment, the ninth for Fraud Intentional Misrepresentation, the tenth for Fraud ‐ Intentional Misrepresentation, the eleventh for Negligence, the twelfth for Negligence, the thirteenth for Violation of B&P §17200, a...

Excerpt: ...e Court ordered Plaintiff to provide further responses without objections to the requests for production no later than May 25, 2018. Sanctions were not awarded. There has been no other discovery order in this action. Defendant now seeks terminating and monetary sanctions for the failure to comply with the Court's order. Plaintiff opposes the motion on the basis that she has provided supplemental responses since the motion was filed indicating tha...

Excerpt: ...s to compel arbitration of this uninsured motorist action and to have the Court appoint an arbitrator pursuant to Insurance Code § 11580.2(f) and CCP § 1281.2. Insurance Code §11580.2(f) requires that an underinsured motorist policy contain a provision requiring arbitration by a single neutral arbitrator. The Court shall order the parties to arbitrate a controversy “if it determines that an agreement to arbitrate the controversy exists…”...

Excerpt: ...sel on 7/26/18 that Dhanraj was not available, and counsel agreed to reschedule the deposition for 8/30/18. (Id., ¶¶ 3‐4, Exhs. B, C.) S360 served a second deposition notice, but on 8/28/18, Dhanraj's counsel again advised that Dhanraj would not appear. (Id., ¶¶ 4‐5, Exhs. C, F.) For the second time, counsel agreed on a date to depose Dhanraj, this time on 9/26/18. (Id., ¶¶ 5‐6, Exhs. F, G.) On 8/29/18, counsel for S360 served an amen...

Excerpt: ... makes in its concurrent demurrer to the fourth cause of action. The court incorporates its concurrent ruling rejecting SKR Group's arguments and continues to reject them here. The Individual Managers make one additional argument in support of their demurrer. They argue that Plaintiff James Saunders only alleges them to be SKR Group's on‐site managers acting within the course and scope of their employment. Citing authority for the propo...