Excerpt: ... notice and is DENIED. On February 15, 2018, Plaintiff filed his lawsuit against Kimberly Kirchmeyer, Executive Director of the Medical Board of California, alleging numerous state law codes and laws, including Business and Professions Code section 2056 (protection for retaliation 5 against physicians) and 2234.1 (prohibition against physician discipline for alternative treatment), 6 Civil Code sections 45 (libel) and 3345 (unfair and deceptive p...

Excerpt: ...ficial records is GRANTED. Procedural Background This civil action follows the Labor Commissioner's Order, Decision and Award in favor of employee Cheryl Harrington (Harrington). On 4/11/16, the Commissioner awarded Harrington approximately $50,000 from her former employer, Defendant and CoJudgment Debtor 2600 Bravado Dr. LLC, (“the LLC”) in unpaid minimum wages, penalties and other amounts. (The LLC had employed Harrington as a property mana...

Excerpt: ...te purchase agreement. In short, Plaintiff alleges Defendant wrongfully cancelled the purchase agreement on the grounds Plaintiff failed to timely remove a title contingency. The property at issue is a 234,800 square foot commercial building located at 8110 Power Ridge Road in Sacramento (the “Property”). Plaintiff intended to purchase the property to use in connection with its cannabis business. In October of 2016, Plaintiff and Defendant ex...

Excerpt: ...s not timely filed but it was reluctantly considered. As explained below, it does little to address the substantive merits of this motion. The court notes that HV‐HD's electronic service of the moving papers on 10/1/2018 for a hearing on 10/25/2018 does not give 16 court days plus 2 court days' notice as required by Code of Civil Procedure §1005(b) and §1010.6(a)(4)(B), since 10/9/2018 (Columbus Day) was a court holiday. (Code Civ. Proc. §12...

Excerpt: ...y R. Thompson, Fredrick A. Ratliff, and Chris M. Wright. Decedent's two successors in interest, Elizabeth Brown and Don Johnson (“Plaintiffs”), have sued Union Pacific and its three employees alleging negligence in the operation of a motor vehicle, general negligence, and premises liability. At issue on this motion are Defendant's responses to request for production Nos. 19‐ 20, 38‐60, 63, 65, and 70. Nos. 19‐20 Denied. These requests s...

Excerpt: ... that he was a member of Defendant's medical staff. Plaintiff alleges that he was discriminated and retaliated against, and harassed due to his presenting complaint regarding patient care, services, and/or hospital conditions. He further alleges that he was harassed based on his sex and that certain defamatory statements were made concerning his profession, trade, business, and qualifications. The Medical Staff of Methodist Hospital's Medical Exe...

Excerpt: ...3) and Rule 3.1110(b)(3). The response filed by defendant was not timely filed in accordance with Code of Civil Procedure §1290.6 but was nevertheless considered. As Code of Civil Procedure §1290et seq. does not permit the filing of a “Response to Opposition” (e.g., a reply) such as the one filed by plaintiff, it was not considered. Factual Background This is a contract action relating to the parties' operating agreement for a jointly‐own...

Excerpt: ...on, whistleblower discrimination, retaliation in violation of FEHA, breach of fiduciary duty, breach of partnership agreement, accounting, quantum merit, fraud, and negligent misrepresentation of fact. Plaintiff contends discovery has commenced, but defendants have refused to provide documents on the grounds the documents are privileged, confidential, and/or proprietary. Plaintiff contends they disagree with these objections and offered to enter ...

Excerpt: ... as a writ. The matter was assigned to Judge James P. Arguellas for all purposes. Following a demurrer by CDTFA, the parties filed a stipulation to reclassify this case as a civil action for a tax refund and to permit SJCBC to file an amended complaint. The Court signed the stipulation and Order on August 23, 2018. (ROA 28.) SJCBC then filed its FAC on August 30, 2018. The FAC seeks a tax refund. SJCBC contends its cannabis transactions during th...

Excerpt: ...with leave to amend. Plaintiff filed her First Amended Complaint (“FAC”) against the Matheson Defendants, as well as Plaintiff's former supervisor, Shirley Curran, on January 24, 2018, alleging the following eight causes of action: (1) Breach of Contract; (2) Breach of the Covenant of Good Faith and Fair Dealing; (3) Retaliation in Violation of Labor Code § 1102.5; (4) Retaliation in Violation of Labor Code § 6310; (5) Retaliation in Violat...

Excerpt: ...s published, Plaintiff has filed a First Amended Complaint, which purports to address the Court's ruling on the demurrer to the original Complaint. The Court's ruling regarding the demurrer to the original Complaint remains as follows: Defendant Logos Property Investment S, LLC's (erroneously sued as Logos Property Investments and/or Ridgestone Apartments) demurrer to pro per Plaintiff Kent Taylor's complaint is ruled upon as follows. Thi...

Excerpt: ...ion for summary judgment is denied. Courts may not take judicial notice of the truth of contents of documents. See Big Valley Band of Pomo Indians v Superior Court (2005) 133 Cal.App.4th 1185, 1191‐1192; Garcia v Sterling (1985) 176 Cal.App.3d 17, 22. Plaintiffs Geralda Stryker et al. are individual homeowners in the housing development that was the subject of a lawsuit entitled Edward J. Broussard, Sr., et al v. Cambridge (Natomas), LP., et al...

Excerpt: .... 1‐8 and 13‐43. Plaintiffs contend the scope of these requests is overreaching, implicating all financial transactions ever made by or related to Plaintiffs concerning their investment portfolios, bank account balances, and financial plans, when the only documents directly related to the plaintiffs' claims in this case are much more restricted. Defendants contend all of the financial information is discoverable because plaintiffs contend...

Excerpt: ...ividual Defendant Sue Mathchell, because Plaintiff was a breastfeeding woman and because she complained to her union regarding these same issues. She also alleges claims for negligent and intentional infliction of emotional distress based upon these same issues. Plaintiff's evidence in support of this motion consists of her own sworn declaration and a brief excerpt of deposition testimony of TPMG employee Shawn Miller. Defendant filed a motion fo...

Excerpt: ...on the short cause calendar at 8:30 a.m. in Department 47 on November 9, 2018 at 8:30 a.m. If that date is inconvenient, the parties shall meet and confer to pick another Friday date and inform the clerk in Department 53 of the new date no later than 4:00 p.m. on October 23, 2018, so that the clerk may set the matter on the short cause calendar in Department 47. SVO has filed a Petition for an order removing or reducing a $8,816,958 mechanics'...

Excerpt: ...icial notice of Exhibits 1, 4 and 5 is GRANTED. The balance of the request for judicial notice is DENIED. The court will not take judicial notice of the price lists in Exhibits 2 and 3 because Plaintiff Rosalinda Delacruz (Delacruz) alleges she never received such lists. (FAC, ¶ 32.) Exhibit 6 is irrelevant. Overview This is a putative class action. Delacruz is the only named plaintiff. According to Delacruz, Defendants misled her into funding a...

Excerpt: ...nnection with the sale of a 2005 Peterbilt truck to Maynard Frantz, LLC (“Frantz LC”) from Interstate Mechanics Trucks, LLC ("Supplier"). Ascentium and Frantz, LLC allegedly entered into an Equipment Finance Agreement (“EFA”) which Maynard Frantz allegedly personally guaranteed. Cross‐Complainants then filed a cross‐ complaint alleging causes of action for breach of contract, common counts, and fraud. They filed a first amende...

Excerpt: ...d advise counsel of Local Rule 1.06 and the Court's tentative ruling procedure. If Walgreens' counsel is unable to contact opposing counsel prior to the hearing, Walgreens' counsel shall be available at the hearing, in person or by telephone, in the event opposing counsel appears without following the procedures set forth in Local Rule 1.06(B). Request for Judicial Notice Walgreens' request for judicial notice is granted as to Exhibits 2‐ 5, an...

Excerpt: ...or was a default or default judgment ever taken. This action arises from an unpaid wage claim filed by plaintiff James Batiste against defendant Washington Freight Express, LLC (“Washington Freight”) before the Labor Commissioner. On February 25, 2014, pursuant to an Order, Decision, or Award of the Labor Commissioner, a judgment was entered by the clerk against Washington Freight only for failing to pay Plaintiff his wages. (ROA 1.) No judgm...

Excerpt: ...sional 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]; 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 fac...

Excerpt: ...nt on July 27, 2018, against the District, Hoyt Fong (the counselor), and the Los Rios College Federation of Teachers Union (“LRCFT Union”), alleging seven causes of action for: (1) Unruh Civil Rights Act (as to the District and Fong); (2) Conspiracy (as to all Defendants); (3) IIED (as to the District and Fong); (4) Negligence (as to the District and Fong); (5) NIED (as to the District and Fong); (6) Gender Violence (as to the District and F...

Excerpt: ...ith either the summons & complaint or the moving papers, thereby depriving the court of jurisdiction to grant plaintiff any relief as to them. As to BLS only, this matter was continued to permit plaintiff to file and serve a supplemental reply in light of BLS' tardy filing of its request for judicial notice in support of its opposition. Having received plaintiff's supplemental reply, the court now issues the following tentative ruling. *** If ora...

Excerpt: ...ss as Dan Dellinger Consulting. However, upon review of the papers and declarations, it appears the actual amount supported by the declarations is $14,391.70 (representing $13,967.50 in attorneys' fees (75.5 hours x $185/hour) and $424.20 in costs). This slight difference may have been the result of a clerical error multiplying 35.8 of the attorney hours by $190 instead of $185. Further, the Court also notes on reply that Defendant now seeks only...

Excerpt: ...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 entitled to notice.”]; Sosinsky v. Gran...

Excerpt: ...amages in connection with Vitek's handling of Prestige's truck #33. (ROA 7.) Vitek then filed a Cross‐Complaint on October 14, 2018, against Prestige, Anatoliy Kitsen, and Does 1‐ 10. (ROA 23.) The Cross‐Complaint contains four causes of action: (1) a cause of action for declaratory relief seeking a declaration that cross‐defendants must pay Vitek for repairs to vehicles, unpaid storage costs, unpaid rental costs and associated cleanup co...