Excerpt: ...nt termination of Plaintiff as the Sacramento River Cats' manager of the visitor clubhouse during the 2014 and 2015 baseball seasons. Plaintiff alleges he was employed by the River Cats during the 2014 and 2015 baseball seasons. (SAC ¶ 1.) Plaintiff alleges Metz was an athletic trainer employed by the Reno Aces. (SAC ¶16.) Metz traveled with the Reno Aces during the baseball season and visited the River Cats' visitor's clubhouse for River Cats/...

Excerpt: ...m Saleem (together, “Plaintiffs”) filed their Complaint on April 27, 2018, alleging that the four‐vehicle collision and their resulting injuries were caused by Mr. McKinley's unsafe lane change. They further named Mr. McKinley's employer, AT&T Corp., as a defendant. On June 18, 2018, Defendants answered the Complaint. On August 9, 2018, Defendants filed a Notice of Change in Handling Attorney, notifying the Court and parties that a differen...

Excerpt: ...overt Gurion, as individual and successors in interest to Decedent's (together, “Plaintiffs”) request for judicial notice of Exhibits A, B, and C is granted. (See, Kaufman & Broad Communities, Inc. v. Performance Plastering, Inc. (2005) 133 Cal. App. 4th 26, 32.) Plaintiffs' request for judicial notice of Exhibit D, the California State Auditor's report on Skilled Nursing Facilities, is denied. This is an elder abuse action arising from the c...

Excerpt: ...was self‐ represented was seeking new counsel. The court granted a 60 day continuance and ordered any opposition to the demurrer to be filed and served on or before October 5, 2018. Plaintiff has now filed a second request for a continuance on October 10, 2018, stating that she has been unable to hire an attorney. She seeks an additional 30 days continuance. The Court denies any further request for a continuance. However, the Court will grant a...

Excerpt: ...ntact with a SMUD power line. Plaintiff Francisco Rodriguez, Margarito's son witnessed the incident. Plaintiffs allege causes of action for negligence, premises liability, negligent infliction of emotional distress and loss of consortium. This motion seeks sanctions against Irma Rodriguez for having filed the Complaint on June 1, 2018 naming herself as ROE 1 in the loss of consortium claim. Irma's petition for relief from the government c...

Excerpt: ...or in interest to Evelyn Gurion (Decedent) (together, “Plaintiffs”) filed this action on September 9, 2015. Moving Defendants assert that they have been properly served with the Summons and Complaint since the case's inception. However, they state that Plaintiffs have never properly served the Individual Defendants and there is no stipulation to extend time for service. (Patterson Decl. ¶¶3‐4.) As it has now been three years since the cas...

Excerpt: ...s three remaining causes of action: quiet title, cancellation of deed, and declaratory relief. Plaintiff dismissed the 1st cause of action for specific performance on October 1, 2018. Plaintiff Leslie Bakey ("Plaintiff) seeks to clear title to real property she purchased on September 11, 2017 for $400,000 at a duly noticed and properly conducted trustee's sale. (Complaint ¶ 15,17.) The trustee sale occurred because Defendants J. Pedro Za...

Excerpt: ...arly has Plaintiff and other non‐ exempt employees at its fulfillment centers work over 10 hours, without providing or compensating for a second meal break or third rest break, as required by California law. Plaintiff further alleges that Defendant failed to pay all wages owed in each pay period, and that in violation of Labor Code § 226(a), Defendant issued false and inaccurate wage statements which fail to account for all Plaintiff and other...

Excerpt: ... 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 manager.) Pursuant to Labor Code § 98.2(e), this administrative award...

Excerpt: ... alleges that Macy's placed two clothing racks next to one another and displayed a "40% off" sign on one of the racks such that a reasonable consumer would have believed the merchandise on both racks was on sale. Instead, when he purchased shorts on the rack furthest from the on‐sale sign, he learned that he would have to pay the full price, which he paid. He alleges that other shoppers were similarly misled. With respect to his resulti...

Excerpt: ...d Cross‐Defendant as joint tenants. Cross‐Complainant argues that he is entitled to an interlocutory judgment pursuant to CCP § 872.720 because he is a joint owner with Cross‐Defendant, with an absolute right to partition of the subject property. Cross‐Complainant's separate statement includes the following. Cross‐Complainant is the owner of an undivided one‐half interest in the subject real property. Crosscomplainant and Cross‐def...

Excerpt: ...sition. CCP § 2025.450(a) provides that where a party, without having served a valid objection fails to appear for the deposition, or to proceed with it, or to produce any documents described in the deposition notice, the party noticing the deposition may move for an order compelling attendance and production of documents requested in the deposition notice. (CCP § 2025.450(a).) The motion must be denied. While Plaintiff seeks to compel Defendan...

Excerpt: ...ientation and national origin. Echevarria is the former employee, and RCRC is the former employer. RCRC is defending in part on the theory that it terminated Echevarria for legitimate, non‐discriminatory reasons related to Echevarria's job performance. To obtain emails and other documents relevant to this theory of defense, Echevarria propounded his second set of document requests. RCRC did not timely respond, and on 6/26/18, this court granted...

Excerpt: ...property from extinguishment pursuant to Title 5 (commencing with Section 880.020) of Part 2 of Division 2 of the Civil Code (Marketable Record Title).” (RJN Exh. E.) Defendant argues that the document can be expunged similar to lis pendens under CCP § 405.30, et seq. and that it can recover fees pursuant to CCP § 405.38. Here, the only authority cited by Defendant for the proposition that the Notice of Intent to Preserve Interest is a cloud ...

Excerpt: ...ising out of a motor vehicle accident, Defendant moves to strike punitive damages allegations. Plaintiffs allege that at the time of the accident, Defendant was operating her vehicle while under the influence of alcohol and with a blood alcohol level exceeding the legal limit. (Comp. ¶ 13.) They allege that Defendant was “well aware that driving while intoxicated posed a risk of serious injury or death to other persons using the roadways. Desp...

Excerpt: ...lings. This is a construction defect case. The plaintiffs are multiple homeowners (Plaintiffs). Plaintiffs filed this action in May 2017. A special master was appointed, and considerable discovery has been completed. On 7/11/18, Plaintiffs filed Doe Amendment No. 1, thereby naming eight subcontractors as defendants. No trial date has been set. In addition, the special master has stepped down and a motion to appoint a substitute is pending. Morris...

Excerpt: ...from September 5, 2018. Defendant has now filed a substantive opposition to the motion on September 17, 2018, and plaintiff has filed a reply on September 25, 2018. ORAL ARGUMENT WILL TAKE PLACE ON THIS TENTATIVE RULING ON OCTOBER 17, 2018. The Clerk shall fax a copy of the tentative ruling to the litigation coordinator on or before October 11. The litigation coordinator shall then provide the tentative ruling to plaintiff Brian Spears. Appearanc...

Excerpt: ...sed at the hearing. The parties should be prepared to point to specific admissible evidence which is claimed to show the existence or non‐existence of a triable issue of material fact. *** Defendants State Farm General Insurance Company (“SF General”), State Farm Mutual Automobile Insurance Company (“SF Mutual Auto”), State Farm Fire and Casualty Company (“SF Fire”), Teresa L. Moon (“Moon”), Estate of Paula Foster (“Foster Est...

Excerpt: ...he 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. Moving counsel failed to comply with CRC Rule 3.1110(b)(3)‐(4) Factual Background This is a legal malpractice action. Plaintiff alleges she retained defendant attorneys to file and prosecute an action against her employer but despite filing the action in 2015, it ...

Excerpt: ...Detres"), separated, Detres executed a quit claim deed transferring all rights and interest in the property. The judgment of divorce was entered in March 2013, giving the property to Plaintiff. However, in November 2015, Detres and other individual defendants, coerced Plaintiff into signing a stipulation to sell the property. In July 2017, Detres obtained an order from family court directing the sale of the property. The individual buyer defe...

Excerpt: ...udicial notice of these documents, the court accepts the fact of their existence, not the truth of their contents. (See Professional Engineers v. Dep't of Transp. (1997) 15 Cal.4th 543, 590; Steed v. Department of Consumer Affairs (2012) 204 Cal.App.4th 112, 120‐121.) 1. Overview In this action, Plaintiff Mountain F. Enterprises, Inc. (“Plaintiff”) alleges that AUI provided it with a proposal for workers' compensation coverage through the E...

Excerpt: ...tending that he damaged their vehicle when he hit it while riding his motorcycle. Cross‐complainants had stopped to avoid hitting a police vehicle and Gutierrez then collided with cross‐defendants. Almost three years later, on June 22, 2018, the summons and cross‐complaint were mailed to Plaintiff's counsel's office. Adding five days for mailing, the Answer was due on or before July 27, 2018. Default was entered only one week later ...

Excerpt: ...in the court on‐line filing system, CCMS. On November 25, 2015, plaintiff filed suit against defendants for damages arising out of his employment by defendants, contending they failed to pay him minimum wage and overtime. Plaintiff was employed by defendants as a caregiver in their commercial residential care facility for children with developmental disabilities. After mediation, the parties signed a stipulation for entry of judgment on April 2...

Excerpt: ...suant to Cal. Code of Civil Procedure section 1033.5(a)(10), Cal. Code of Civil Code sections 1717 and 5975, and 42 U.S.C. 1988 in the amount of $35,000.00. The motion is made on the basis that Locke is the prevailing party on the appeal filed November 28, 2016 by Defendant Martha Esch in Appeal Case No. C082055. The 3rd District Court of Appeal entered a remittitur on August 7, 2018 after dismissing the appeal. The remittitur specifies that the ...

Excerpt: ...atters. *** Defendant East Eagle, LLC's ("East Eagle") demurrer to Plaintiffs Ezatullah Gulam (“Eza”) and Zinatulla Gelaman's (“Zin”)(collectively “Plaintiffs”) Third Amended Complaint (“TAC”) is ruled upon as follows. Overview This case arises from a joint investment in a grocery store and restaurant. Plaintiffs allege that in early 2015 they were approached by co‐defendant Mohamad Aalemkhiel's (“Mohamad”) to pa...