Excerpt: ... of action for breach of contract and for common counts. The action arises from allegations that Defendant failed to make the required payments pursuant to a motor vehicle lease agreement. Plaintiff alleges that the subject lease was assigned to it and that it is the owner of the leased vehicle. Defendant demurs to all of the causes of action. At the outset, the Court rejects Plaintiff's argument that the demurrer should not be considered as it i...

Excerpt: ...eeded an injection. “The employees put blanket over the head of the Plaintiff's cat. One employee held the Plaintiff's cat's head and neck and then asked Plaintiff to hold her cat's rear legs, and Plaintiff did so. As an employee was getting ready to inject the Plaintiff's cat, the Plaintiff's cat turned and bit Plaintiff's right hand.” (First Amended Complaint, ¶ IX.) The court disagrees with Defendant that the court should deny the motion ...

Excerpt: ... matter was originally set for 5/4/2021. The court continued the matter because although Plaintiff served her opposition, she failed to file the opposition with the court. The court directed Plaintiff to file and re‐ serve her opposition by no later than May 6, 2021. Plaintiff filed her opposition on May 10, 2021. Despite the untimely filing of her opposition, the court, in its discretion will consider the opposition. Future violations of the C...

Excerpt: ... dementia. They allege Jo Anne Scoggins was assaulted and battered by Defendant Lindie Thomas in the kitchen of Silver Pines, causing her to fall to the ground, fracturing her hip. Lindie Thomas is alleged to have told an employee of Defendants that Debbie Loesch told her that "slides" do not have to be reported. Lindie Thomas instructed the employee to characterize the incident as a "slide" rather than a fall, and to not report the fall. The fal...

Excerpt: ... Cost: $377.50 Timeliness of Motion The court disagrees with Defendants that the motion is untimely. CRC Rule 3.1700(b)(1) provides “Any notice of motion to strike or to tax costs must be served and filed 15 days after service of the cost memorandum. If the cost memorandum was served by mail, the period is extended as provided in Code of Civil Procedure section 1013. If the cost memorandum was served electronically, the period is extended as pr...

Excerpt: ...on to compel arbitration; finding that the RISC contained an arbitration provision requiring arbitration of any claim or dispute related to the vehicle and/or the RISC. (Order of 9/26/19, Register of Actions (“ROA”) 13.) That Order further provided, in pertinent part: The motion to compel is granted. (See, e.g. Sanchez v. Valencia Holding Co., LLC (2015) 61 Cal.4th 899.) The dispute between Petitioners and Pars Auto Wholesale, Inc. or Westlak...

Excerpt: ... Documents, and to have Requests for Admission (“RFAs”) deemed admitted. Defendant also seeks monetary sanctions in the amount of $2,100.00. The motion is ruled on as follows. Defendant served the subject discovery on February 16, 2021. The responses were due on March 22, 2021, and Defendant granted Plaintiff's counsel's request for a tenday extension to provide responses. Thereafter, however, no responses were forthcoming. This motion follow...

Excerpt: ... Plaintiffs' Special Interrogatories, Set One, number 1, is ruled upon as follows. Plaintiffs filed two separate motions, but the Court has elected to address both in this single ruling. Defendant has filed an omnibus opposition to both motions. Defendant did not submit a response to Plaintiff's separate statement. Defendant's request for judicial notice is objected to, but is granted. Taking judicial notice of the requested document did not impa...

Excerpt: ... located at 2012 Wyda Way, Sacramento, California (the “Wyda Way Property”). The Wyda Way Property is owned by defendants and cross‐complainants Seung P. Hong and Jin O. Hong (collectively, “Defendants”). Plaintiff currently owns the adjacent property located at 1860 Ethan Way, Sacramento, California (the “Ethan Way Property”). There is a 22 unit apartment building on the Ethan Way Property. Defendants previously owned the Ethan Way...

Excerpt: ...in this action is granted. Plaintiff Prakash Prasad (aka Prakash Pande) (“Plaintiff”) filed an opposition one day late on May 5, 2021, only 13 court days prior to the hearing. Defendants have requested that the Court disregard Plaintiff's opposition in its entirety for being untimely. The Court declines this request and has considered Plaintiff's opposition. The untimeliness of the oppositio was not so great that Defendants were unable to pre...

Excerpt: ...r judicial notice is granted as to items 1 and 2, the Complaint and FAC filed in this action, but denied as to item 3, which purports to be a letter from the Insurance Commissioner for the Department of Insurance of the State of California. Item 3 is not the proper subject of judicial notice. Even assuming the Court took judicial notice of item 3, it would only take judicial notice of its existence, not the truth of its contents. (Joslin v. H.A.S...

Excerpt: ...ependent Elder Abuse and fraud. In the instant motion, Defendants demur to the Third Cause of Action for Fraud. Plaintiffs allege that Jason Hopkins (the "Decedent") was taken to the emergency room at Rideout Hospital on July 18, 2018. Plaintiffs are the Decedent's heirs. Plaintiff Heaven Hopkins is the Decedent's daughter. Plaintiffs Samantha Miller and Faith Turner are also the Decedent's daughters. Given their age, guardians as litem have been...

Excerpt: ...TAINED, with leave to amend. Plaintiff is an insurance salesman who allegedly worked for Defendants. He alleges that Defendants failed to properly compensate him. (See generally, FAC.) The FAC asserts causes of action for: (1) breach of contract, (2) defamation, (3) Intentional Infliction of Emotional Distress, (4) Tortious Interference with Business Relationship; Intentional Interference with Prospective Economic Relations, (5) Negligent Interfe...

Excerpt: ...al”) (collectively, “Defendants”) request for judicial notice is granted. Defendants' objections to the Declaration of Curtis C. Jung are overruled. This action arises from the alleged fraudulent transfer of $250,000 (the “Transferred Funds”) to the IOLTA account (the “Trust Account”) of Defendants in a series of transactions that were initiated by Jeffrey and Paulette Carpoff (the “Carpoffs”) as part of a Ponzi scheme. In 2018,...

Excerpt: ...ge that J.C. Feagins, IV (the “Decedent”) was in custody at the Sacramento County Main Jail, that Defendant “negligently, unlawfully and carelessly owned, operated” the Jail, that defendant failed to exercise ordinary care and that as a result, the Decedent passed away. (Comp. ¶¶ 14‐21) Defendant moves for summary judgment on the basis that it is immune as a public entity. Defendant cites to Government Code § 815(a) that provides tha...

Excerpt: ...ge that they are officers and directors of Sacramento A‐1 Door (“A‐1 Door”) that were engaged in the process of selling the company's assets. They allege that the relied on InterWest Insurance Services, LLC, Mike McStocker, and Marie Lavana (collectively “Defendants”), their insurance brokers, to obtain ongoing Directors & Officers insurance coverage for A‐1 Door after the sale of the company's assets. Carolina issued the Directors ...

Excerpt: ...ia Case No. Case No. 3:19‐cv4095,Canopy Growth USA LLC v. Research & Development Farming, LLC and Steven Samra. Plaintiff's representation occurred pursuant to a Retainer Agreement entered into by both Defendants on or about July 24, 2019 (the "Retainer Agreement"), signed by Samra individually and as the managing member of R&D. In the course of the representation, Plaintiff periodically invoiced Defendants for services provided and costs incur...

Excerpt: ...ndant Elizabeth James on April 4, 2011, for $11,612.62 in damages, plus $2,070.18 in prejudgment interest; $1,000.00 in attorney fees; and $517.50 in costs. The total default judgment amount was $15,200.30. The judgment was set to expire on April 4, 2021. On December 3, 2020, Plaintiff filed a notice of substitution of counsel along with a Notice of Renewal of Judgment against Defendant. (Aposhian Decl., ¶ 6). On December 3, 2020, the Court ente...

Excerpt: ...ion, whistleblower retaliation in violation of Labor Code § 1102.5 and also a claim under Private Attorneys' General Act of 2004 (“PAGA”). Plaintiff alleges that she was sexually harassed while she was an employee of Sprouts in Vacaville. Plaintiff began her employment with Sprouts in May 2019 and her employment ended in August 2020. While the bulk of plaintiff's complaint focuses on conduct during her employment with Sprouts, she also alleg...

Excerpt: ...California Rural Indian Health Board, Inc. (“CRIHB”) which also allegedly owned the vehicle Defendant was driving. Plaintiff alleges that Defendant left the scene and was ultimately charged with a felony hit and run and a misdemeanor for making a false police report. The Court considered Defendant's opposition despite Plaintiff's argument in reply that it was untimely served. Plaintiff was able to file a complete reply. At issue on the instan...

Excerpt: .... Mina”) (the “Subpoena”) is DENIED. This instant motion was continued by the Court to be heard concurrently with Plaintiffs' motion to compel Mr. Mina's deposition. This case arises out of a three vehicle collision between non‐party Joseph Inch (“Mr. Inch”), plaintiff Zaka Vera (“Mr. Vera”), and Oscar Vasquez ("Mr. Vasquez"), a driver for Defendants' rental‐car relocation company. Plaintiffs allege Mr. Vasquez rearended Mr. Ver...

Excerpt: ...le and installation of premium fireplace products. Plaintiff alleges that Lundgren, its former employee, misappropriated: “9. Plaintiff's confidential and trade secret information includ[ing], among other things, customer lists and contacts; customer information; customer proposals and contracts; and pricing information.” (Complaint, ¶ 9.) On 4/6/2021, Plaintiff served its Amended Trade Secret Designation. It identified its trade secrets as:...

Excerpt: ...e whether a proposed settlement in a class action is fair. (Rebney v. Wells Fargo Bank (1990) 220 Cal. App.3rd 1117, 1138.) The law favors settlement, particularly in class actions and other complex cases where substantial resources can be conserved by avoiding the time, cost, and rigors of formal litigation. (See Newberg on Class Actions 4th (4th ed. 2002) § 11.41 (and cases cited therein); Class Plaintiffs v. City of Seattle (9th Cir. 1992) 95...

Excerpt: ...each of fiduciary duty, negligent misrepresentation, and intentional misrepresentation fail to state facts sufficient to constitute a cause of action under Code of Civil Procedure section 430.10(e), since they are time‐barred by the applicable statute of limitations set forth in Code of Civil Procedure section 340.6(a) and do not relate back to the filing of the original complaint. Defendants allege that the addition of Plaintiff Joe's Logistic...

Excerpt: ..., LLC; and S360 Properties' (collectively, “ACC Cross‐Complainants”) amended cross‐complaint (“ACC”). The demurrer is ruled on as follows. The notice of motion does not provide notice of the Court's tentative ruling system as required by Local Rule 1.06(D). Cross‐Defendants is directed to immediately provide notice to ACC Cross‐ Complainants of the tentative ruling system and to be available at the hearing, via Zoom video or audio...

Excerpt: ...ge and hour action brought by Plaintiffs on behalf of a class of approximately 851 similarly situated individuals. On July 20, 2018, Plaintiff Johnson filed a representative action (the "PAGA Action") (Case No. 34‐2018‐00237292) in the Superior Court of California, County of Sacramento, against Summit Funding, Inc. (“Defendant”) on behalf of herself and other current and former aggrieved employees under the Private Attorneys General Act o...

Excerpt: ...en their Chrysler minivan was struck by a Hyundai Santa Fe driven by Ms. Wander. Ms. Wander has since pled nolo contendre to felony manslaughter. Ms. Wander's felony conviction was expunged on April 21, 2021. (Ms. Wander's RJN Exh. 1.) In August of 2017, plaintiffs Angela Osborn, Kenneth C. Osborn, Samantha Osborn, Elizabeth Osborn, and Lucy Stern Guevara (together, the "Osborn Plaintiffs") commenced an action against Hyundai, alleging that Ms. W...

Excerpt: ...class of approximately 468 similarly situated individuals. Plaintiff's claims are based on defendant The Sygma Network, Inc.'s (“Defendant”) purported failure to pay for all hours worked, failure to provide rest periods, failure to provide accurate wage statements, failure to pay all wages owed at the time of termination or separation, and failure to pay sick time at the regular rate of pay. Plaintiff further alleged Defendant's policies and ...

Excerpt: ...on is moot as to EGD. I. Overview This is a lemon law action. Plaintiffs allege that on or about October 7, 2017, they purchased a 2017 Chrysler Pacifica from EGD which was manufactured and or distributed by FCA. During the warranty period, the vehicle experienced certain defects. EGD, joined by FCA, moves to compel arbitration pursuant to the Retail Installment Sale Contract ‐ Simple Finance Charge (With Arbitration Provision) (“RISC”). FC...

Excerpt: ...stiana Kopf, M.D. and Sutter Medical Group also filed a statement of non‐opposition. This action concerns alleged medical negligence involving the alleged negligent care and treatment received by plaintiff Kristen Sells during the labor and delivery of Kash Sincere Delavallade from Dr. Bob and other defendants. Dr. Bob moves for summary judgment on the ground Plaintiffs cannot establish breach of the applicable standard of care or that Dr. Bob ...

Excerpt: ...) Here, judgment was entered on January 25, 2021. (ROA 114, 115.) The Court declines to consider the motion as a motion for a new trial under Code of Civil Procedure section 657. Plaintiff has failed to show accident, surprise, newly discovered evidence, or an error of law. To the extent the motion is a motion for relief pursuant to Code of Civil Procedure section 473(b), the motion is also not persuasive. Code of Civil Procedure section 473 (b) ...

Excerpt: ...uth of their contents. (See Professional Engineers v. Dept. of Transp. (1997) 15 Cal.4th 543, 590 (judicial notice of findings of fact does not mean that those findings are true); Steed v. Dept. of Consumer Affairs (2012) 204 Cal.App.4th 112, 120‐121.) Plaintiff filed this lemon law action on July 17, 2020, arising out of her purchase of a 2015 Jeep Cherokee (the “Subject Vehicle”) that she alleges is defective. As to FCA, Plaintiff asserts...

Excerpt: ...e April 13, 2021 calendar and allowed plaintiffs to file and serve a supplemental expert declaration on or before April 27, 2021 and for defendants to file and serve a response to the supplemental declaration by May 4, 2021. Plaintiff alleges defendants were negligent in failing to diagnose a benign brain tumor. The defendants jointly and individually move on the following grounds: 1)The defendants, individually or vicariously, complied with the ...

Excerpt: ...e 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 by Zoom or by telephone. The moving memorandum of points & authorities fails to comply with CRC Rule 3.1113 (d)‐(e). Factual Background This litigation arises from defendant Lott's prior employment with plaintiff Ampla Health (“Ampla”), a non‐profit corporation...

Excerpt: ...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. Factual Background This action arises out a January 2020 tractor‐ trailer/passenger vehicle accident in which two individuals lo...

Excerpt: ...ations Code Section 17709.02 , is granted in part as set forth below. Charles Somers and Somers Trust move for security upon the ground that plaintiff Montelena Douglas Physicians, LLC “is more likely than not to fail to succeed on any derivative claim which will benefit the Defendant Douglas Cordova Commercial, LLC or its members, and because a security bond in the amount of $50,000 is reasonable in light of the expenses already incurred and t...

Excerpt: ... pro per filed on 12/15/2020 the present action which purports to allege “equal protection violations” relating to the denial of consideration for parole. Defendants now move to quash plaintiff in pro per's purported service of the summons & complaint by mail on or about 1/12/2021 on the grounds neither was properly served inasmuch as (1) plaintiff mailed two copies of a Notice and Acknowledgment of Receipt form directed to D. Kernan but fail...

Excerpt: ...wage statements that identify the inclusive dates of the pay period, i.e. when the pay period began, and a cause of action for violation of PAGA predicated on Defendants' alleged violation of Labor Code section 226(a). The trial court has broad discretion to determine whether a proposed settlement in a class action is fair. (Rebney v. Wells Fargo Bank (1990) 220 Cal.App.3rd 1117, 1138.) Newberg on Class Actions (4th Ed.), the authoritative treati...

Excerpt: ...of race and disability discrimination, failure to pay overtime wages, waiting time penalties, wrongful discharge, unfair business practices, negligence, breach of contract, breach of implied covenant of good faith and fair dealing. (See generally, FAC (Register of Actions (“ROA”) 49).) Defendants demur to the fifth cause of action (Race and Disability Discrimination in violation of the Unruh Civil Rights Act (§§ 51, 52.1) and Bane Act, and ...

Excerpt: ...possession of [CYSA] under the lease for the real property commonly known as the Cherry Island Soccer Complex (“Cherry Island”) with [Defendant] dated April 10, 2012” pending the hearing on the OSC. In the operative verified first amended complaint filed on April 14, 2021, CYSA alleges causes of action for “anticipatory breach of contract and injunctive relief,” “declaratory relief and injunctive relief”. CYSA also includes a “pet...

Excerpt: ...om at Rideout Hospital on July 18, 2018. Plaintiffs are the Decedent's heirs. Plaintiff Heaven Hopkins is the Decedent's daughter. Plaintiffs Samantha Miller and Faith Turner are also the Decedent's daughters. Given their age, guardians as litem have been appointed for Samantha and Faith Turner. The Decedent was an alcoholic and had a .25 Blood Alcohol Level when he arrived. Plaintiffs allege that the Decedent was left alone despite being in a �...

Excerpt: ...ween Plaintiffs and Defendant. Examination of the FAC reveals that Plaintiffs quote from these documents extensively and therefore it is appropriate that the Court have the entirety of the documents upon which Plaintiffs base their claims. (Evid. Code § 452 (h.) FACTS The FAC alleges that Plaintiffs Mary White, Richard MacPherson, and Christine Bruce (“Plaintiffs”) are the owners of real property located at 4743 Ponderay, Sacramento, Califor...

Excerpt: ...mes Cokinos' (“Plaintiff”) demurrer and motion to strike Defendant Cemex Construction Materials Pacific, LLC's (“Defendant”) answer is ruled upon as follows. Overview This is a FEHA disability and retaliation action. Plaintiff alleges that after Defendant purchased his predecessor employer, A. Teichert & Sons, Defendant refused to accommodate his back injury by providing a fitted seat with back support, or engage in the interactive proces...

Excerpt: ...Abuse, Negligence Per Se, Unfair Business Practices, Fraud, and Constructive Fraud. Plaintiff alleges that he was neglected while at Defendants' Adult Residential Facility. Plaintiff alleges that he is a 38 year old developmentally and physically disabled adult. (Comp. ¶ 2.) He alleges that he suffers from Cornelia de Lange Syndrome, a genetic disorder which causes a broad range of challenges. He alleges that as a result of the syndrome he was a...

Excerpt: ...pel Defendant to provide further full and complete responses to certain requests for production. Defendant, in turn, has repeatedly interposed numerous objections to the requests, including objections based on relevance, burden and oppression, trade secrets and attorney‐client privilege. Despite numerous extensions, multiple attempts to meet and confer, and court orders to produce the documents in question, Defendant has still failed to provide...

Excerpt: ...."); 7617 Ward Lane, Fair Oaks, CA 95628 ("7617 Ward Lane"); 7621 Ward Lane, Fair Oaks, CA 95628 ("7621 Ward Lane"); 7612 Sunset Ave., Fair Oaks, CA 95628 ("7612 Sunset Ave."); and, 8712 Winding Way, Fair Oaks, CA 95628 ("8712 Winding Way"). All are investment properties that Plaintiff uses as income‐producing rentals. (UMF 1) 3896 Marshall Avenue On or about January 27, 2017, Plaintiff obtained a $240,000.00 loan ("3896 Marshall Loan") evidenc...

Excerpt: ...ted to the Emergency Department at Mercy Hospital of Folsom, where she was evaluated by Kendrick Johnson, M.D. for complaints of low back pain, numbness in her legs, and difficulty ambulating. (UMF 2). Plaintiff had a lumbar MRI taken that revealed multilevel moderate to severe spinal stenosis. (UMF 3). Dr. Johnson reviewed the MRI with Ravi Ramachandran, M.D., who recommended Plaintiff be admitted for pain management and consideration of discect...

Excerpt: ...Andrew Kleeman was driving southbound on Zinfandel Drive when Kleeman fell asleep, crossed the double yellow lines on the roadway into the northbound lane, and collided with Plaintiff's vehicle in a head‐on collision. Plaintiff alleges injury and damages as a result. Plaintiff alleges that Defendant Kleeman was operating the subject vehicle in the course and scope of his employment with Defendant Teichert at the time of the collision. Plaintiff...

Excerpt: ...Tuolumne Drive in Sacramento. Defendant seeks leave to file a cross‐complaint alleging causes of action for breach or oral contract, promissory estoppel, unjust enrichment and fraud in connection. The proposed cross‐ complaint is premised on certain alleged agreements and promises made with respect to the down payment Defendant made to purchase the subject property and repairs that she made. Defendant contends that she did not file the cross�...

Excerpt: ... and hour action when she filed her complaint against ENS on December 3, 2020. Plaintiff alleges numerous causes of action pursuant to Labor Code § 2698 et seq. (Private Attorneys General Act of 2004 [“PAGA”].) Plaintiff alleges that ENS violated numerous provisions of the Labor Code through misclassifying non‐exempt employees as exempt and then failing to pay wages, failing to provide meal period compensation, failing to permit rest break...

Excerpt: ...their respective rights and obligations to divert and store water from the Mokelumne River under various permits and licenses issued by the California State Water Resources Control Board (“SWRCB”) and various contractual agreements. In particular, WID and EBMUD dispute the interpretation of the “1965 Agreement” (Joint Ex. B) and its effect on WID's right to water under the prior “1938 Agreement” (Joint Ex. A), and WID's License 5945 (...

Excerpt: ...inst public policy and the Tom Bane Civil Rights Act. Defendant further contends that the wrongful termination and Bane Act violation causes of action that were added after the original complaint was filed do not “relate back” to Plaintiff's original complaint, and thus the actions are barred by the statute of limitations. Plaintiff's claims arise out of her termination by Defendant on December 20, 2017. On December 12, 2018, Plaintiff filed ...

Excerpt: ... policy and the Tom Bane Civil Rights Act. Defendant further contends that the wrongful termination and Bane Act violation causes of action that were added after the original complaint was filed do not “relate back” to Plaintiff's original complaint, and thus the actions are barred by the statute of limitations. Plaintiff's claims arise out of his termination by Defendant on December 20, 2017. On December 12, 2018, Plaintiff filed his origina...

Excerpt: ...t the time, Defendant Brumley was employed by Defendants Choice Coffee Services and Daiosh U.S.A., Inc. (“Employer Defendants”). Employer Defendants have admitted that Defendant Brumley was acting in the course and scope of his employment when he struck Plaintiff's vehicle. Employer Defendants are vicariously liable for Plaintiff's injuries and damages caused by Defendant Brumley. Plaintiff alleges injuries including low back pain, neck pain,...

Excerpt: ...d on September 25, 2020. (See ROA 133.) On February 24, 2021, the Court granted Defendant's motion to set aside the default of Defendant on the basis that he had not been served with the summons and complaint. (See Code Civ. Proc. § 473.5 (“When service of a summons has not resulted in actual notice to a party in time to defend the action and a default or default judgment has been entered against him or her in the action, he or she may serve a...

Excerpt: ...arties should be prepared to point to specific evidence which is claimed to show the existence or non‐existence of a triable issue of material fact. *** Defendants John (“John”) and Tracy Weaver's (“Tracy”)(collectively “Defendants”) motion for summary adjudication is ruled upon as follows. The court observes that Plaintiff's opposition to separate statement fails to comply with CRC Rule 3.1350(f)(2) which requires that the “natur...

Excerpt: ...immediately provide notice to Defendant's counsel of the tentative ruling system and to be available at the hearing, via Zoom video or audio, in the event Defendant's counsel appears without following the procedures set forth in Local Rule 1.06(B). Plaintiff moves for summary judgment on the grounds that there is no defense to the complaint, no triable issue of material fact, and no defense to any material fact, and that Plaintiff's evidence esta...

Excerpt: ... 2020, Defendant served a subpoena on Plaintiff and Plaintiff's cellphone provider, Boost Mobile c/o Sprint Corporation, seeking relevant phone records over the duration of Plaintiff's employment. (Blueford Decl. ¶ 4.) Plaintiff never served objections to or sought to quash the subpoena. (Id. ¶ 5.) Boost Mobile, through counsel, informed Defendant on or about February 1, 2021, that it would only release the phone records after Plaintiff signed ...

Excerpt: ... should be prepared to point to specific evidence which is claimed to show the existence or non‐existence of a triable issue of material fact. *** Defendant 2017‐2‐IH‐Borrower LP's (“Landlord”) motion for summary judgment is ruled upon as follows. Overview This is a personal injury action. Plaintiffs allege that on 2/28/2019, a large oak tree fell through the roof of Plaintiffs' home (“Property”) which they rented from Landlord. P...

Excerpt: ...rty seeking relief under section 473 bears the burden of proof. In re Marriage of Kieturakis (2006) 138 Cal.App.4th 56, 80. 4. “In determining whether the attorney's mistake or inadvertence was excusable, ‘the court inquires whether “a reasonably prudent person under the same or similar circumstances” might have made the same error.”' [Citation.]” Zamora v. Clayborn Contracting Group, Inc. (2002) 28 Cal.4th 249, 258. “In other words...

Excerpt: ...iders (1) a rough approximation of the plaintiff's total recovery and the settling party's proportionate liability; (2) the amount to be paid in the settlement; (3) the proposed allocation of the settlement proceeds among plaintiffs; (4) a recognition that the settling party should pay less in settlement than if they were found to be liable after trial; (5) the financial condition of the settling party, and the insurance policy limits, if any; an...

Excerpt: ...” CCP § 2031.310(b)(1) (emphasis added); Kirkland v. Sup. Ct. (Guess?, Inc.) (2002) 95 Cal.App.4th 92, 98. 2. To establish “good cause,” the burden is on the moving party to show both relevance to the subject matter and specific facts justifying discovery (e.g., why such information is necessary for trial preparation or to prevent surprise at trial.) Glenfed Develop. Corp. v. Sup. Ct.; National Union Fire Ins. Co. of Pittsburgh, Penn. (199...

Excerpt: ...al. v. The California State Grange, et ai. Case No. 34‐2012‐00130439.) CSG's Evidentiary Objection to the Declaration of Kevin Kasnick are sustained. The evidentiary objections to the Deposition of Betsy Huber (Fayard Decl.) are overruled. EG Guild's Evidentiary Objections to the Declaration of Herman are overruled. In its Complaint, CSG alleges the following cause of action: 1st cause of action Declaratory Relief, 2nd cause of action Cancell...

Excerpt: ...d 4. The Court will sign the formal order on the objections after the final ruling on the motion. Defendant's Request for Judicial Notice is granted. (See Poseidon Devel., Inc. v. Woodland Lane Estates, LLC (2007) 152 Cal.App.4th 1106, 1117‐18; see also Stratford Irrig. Dist. v. Empire Water Co. (1941) 44 Cal.App.2d 61, 68 [recorded land documents, not contracts, are the subject of judicial notice on demurrer].) The court, however, does not acc...

Excerpt: ...he County has filed two identical motions for protective order, one in each case. The court is issuing the same ruling in each case. (See ruling in Case No. 2020‐00287693) This is a nuisance abatement action in which Plaintiff County of Sacramento alleges that Defendants have constructed an Accessory Dwelling Unit ("ADU") on certain real property in Fair Oaks without the requisite building permits, in violation of numerous provisions of the Cou...

Excerpt: ...he County has filed two identical motions for protective order, one in each case. The court is issuing the same ruling in each case. (See ruling in Case No. 2020‐00288731) This is a nuisance abatement action in which Plaintiff County of Sacramento alleges that Defendants have constructed an Accessory Dwelling Unit ("ADU") on certain real property in Fair Oaks without the requisite building permits, in violation of numerous provisions of the Cou...

Excerpt: ...ndant further contends that the wrongful termination and Bane Act violation causes of action that were added after the original complaint was filed do not "relate back" to Plaintiffs original Complaint, and thus the actions are barred by the statute of limitations. Plaintiffs claims arise out of his termination by defendant Zurich American Insurance Company on December 20, 2017. On December 12, 2018, Plaintiff filed his original Complaint against...

Excerpt: ...cal repair and maintenance services Plaintiff allegedly provided at various prisons. Plaintiff alleges that it subcontracted with Vistam to provide electrical services at several of the CDCR's facilities and that Vistam failed to pay as agreed. Plaintiff alleges breach of contract causes of action against Vistam in addition to various common count causes of action, stop notice causes of action and a cause of action for failure to provide a bond. ...

Excerpt: ...e § 17200; (4) violation of Business & Professions Code § 17500; and (5) declaratory relief. Plaintiff alleges that Defendant improperly assesses numerous insufficient funds fees (“NSF fees”) on a single item. (FAC ¶ 1.) Plaintiff alleges that the subject Account Agreement and Fee Schedule (“Account Agreement”) provided that Defendant would charge one NSF fee for an item that was returned one or more times for insufficient funds but th...

Excerpt: ... provisions of the County Code. Plaintiff seeks injunctive relief requiring Defendants to obtain the requisite permits or alternatively to remove the structure. This matter was continued from April 1, 2021 after Plaintiff filed an “objection” just prior to the hearing indicating it had not been served with the demurrer and only discovered it by checking the Court's website. The Court continued the matter to permit the filing of an opposition....

Excerpt: ...ion papers (or the exhibits thereto) since the Court's consideration in connection with a demurrer is by law limited to only those facts properly alleged in the pleading being challenged and those facts for which judicial notice is both requested and granted. Factual Background Plaintiffs Stettner and Zousmer, both of whom have leased Mercedes‐Benz vehicles, filed this action “seeking public injunctive relief arising from [MBFS's] unlawful bu...

Excerpt: ...ing mediation in October 2020, plaintiff filed and served Doe Amendments naming the following: Doe 1: Construction Innovations Group, LLC Doe 2: Rex Moore Electrical Contractors & Engineering, Inc. Doe 3: Rex Signature Services, LLC Moving Papers. Defendants now move to quash these Doe Amendments on the ground that plaintiff was at the time the original complaint was filed in 2019 not “genuinely ignorant” of the identity of these defendants a...

Excerpt: ...iability. By way of the instant motion it moves to compel the Director of the Employment Development Department (“EDD”) and the Executive Director of the California Unemployment Insurance Appeals Board (“CUIAB”) to various forms of written discovery. The Court previously denied Defendants' motion for a protective order in which they requested that they need not respond to discovery until Plaintiff has been found to state a valid cause of ...

Excerpt: ...uld pay Hartin & Hume $12,000 in exchange for a dismissal of Hartin & Hume's cross‐complaint. Though there is no written settlement agreement, DCD now moves to “enforce” the oral settlement pursuant to CCP § 664.7 and requests that the Court order Hartin & Hume to sign a written settlement agreement, accept tender of $12,000, and dismiss the crosscomplaint. DCD also seeks sanctions. Hartin & Hume oppose the motion on the basis that the Cou...

Excerpt: ...ation, assault, and battery. Plaintiff alleges that Defendant ISS Facility Services, Inc. (“ISS”) was his employer. Plaintiff also “sues fictitious defendants Does 1 through 50 . . . because their names and/or capacities and/or facts showing them liable are not known presently.” (FAC ¶ 5.) Plaintiff alleges the Doe Defendants were “the agent and/or employee of every other defendant acting within the course and scope of said agency and/...

Excerpt: ... sexual and racial harassment and a cause of action for wrongful termination in violation of public policy. Plaintiff, who is an African‐American female worked for Defendant Capitol Area Development Authority (“CADA”) as a leasing agent for three years. She alleges that her superiors discussed their sex life around her, made derogatory racial comments and displayed offensive pictures. (FAC ¶¶ 18, 19.) She alleges that she was sometimes re...

Excerpt: ...t in July 2020. Having not received any answer to complaint, plaintiff served by mail to Maryland (where defendant had relocated) a request for default and default judgment on 8/24/2020. According to the Court's file, both the default and default judgment were entered on 8/25/2020. On 9/14/2020 plaintiff served by mail to Maryland a Notice of Entry of Judgment. The Court notes that on 10/6/2020 defendant filed a separate breach of contract action...

Excerpt: ...a hearing on the motion as it may involve the receipt of evidence. Although the Court anticipates that no party will request oral argument, and while no class member indicated any intent to appear at the hearing, this does not relieve the parties from appearing at the hearing or otherwise render the instant ruling final in the event oral argument is not requested. The Court will not render a final ruling until it holds the preliminary approval he...

Excerpt: ...n" or “the company”) and that on August 1, 2017, they entered into an agreement to sell their shares in D.Y. Calison to Amber and Robert Sykosky (the "Sykoskys"). That the sale closed on September 1, 2017. Prior to the sale, D.Y. Calison had obtained workers' compensation insurance from a carrier called Berkeley Net through Defendant. In obtaining the insurance policy, the Yaws told Defendant that they were selling D.Y Calison to the Sykoskys...

Excerpt: ...89.) A demurrer is used to challenge defects that appear on the face of the pleading under attack. (Blank v. Kirwan (1985) 39 Cal.3d 311, 318; Donabedian v. Mercury Ins. Co. (2004) 116 Cal.App.4th 968, 994.) A demurrer can be utilized where a complaint itself is incomplete or discloses some defense that would bar recovery. ( Guardian North Bay, Inc. v. Superior Court (2001) 94 Cal.App.4th 963, 971‐972.) In reviewing the sufficiency of a complai...

Excerpt: ...s on the premises where the model homes were sold, i.e., the “Fireside” development. Plaintiff alleges that Defendant's guards were often late and failed to comply with check‐in procedures, including at the exact date and time of Plaintiff's assault. Plaintiff also alleges that there had previously been concerns raised to Defendants regarding the behavior of the very man who eventually did allegedly assault Plaintiff. (See generally, Pl.'s ...

Excerpt: ...dical physician, on various rating platforms, including but not limited Yelp, Google Reviews, and Web MD. The posts asserted representations that Plaintiff was an unskilled, unconcerned with patient care, had a bad bedside manner, was unable to interact with patients, committed malpractice, and is dishonest. Plaintiff alleges that these statements were not made by real patients but instead were made by Defendants Jamie and Fiona Arenson, with mov...

Excerpt: ...oom audio, if available (see bolded language above), to participate in oral argument on the continuance date. Defendants V. Penmetcha, M.D., A. Johnson, M.D., and S. Hill (collectively, “Defendants”) demurrer to Plaintiff Mervin LeRoy's (“Plaintiff”) First Amended Civil Complaint (“FACC”) is sustained with leave to amend. Plaintiff's currently‐operative “First Amendment Civil Complaint” (“FACC”) is actually the Second Amende...

Excerpt: ...GRANTED with respect to Dr. Shorr and Dr. Barchuk. Defendants Faryal Michaud, D.O., and Robert Dias, M.D., oppose the motion. Defendant Dignity Health also opposes. This ruling refers to Drs. Michaud, Dias, and to Dignity Health collectively as “Defendants.” In this medical malpractice action, Plaintiff alleges a single cause of action for medical malpractice against Defendants relating to his stay and treatment at Mercy General Hospital from...

Excerpt: ...mands for Production Set Four, is ruled upon as follows. This case arises out of a collision between a golf cart and a two‐year‐old boy at the 2018 Dixon May Fair. The golf cart was allegedly owned by Defendant Professional Event Services (“PES”) and was being driven by Defendant John Meek. While traveling through a concert venue at the fair venue, Mr. Meek drove the golf cart into and over Plaintiff David S. Cruz Abundio ("Plaintiff'), a...

Excerpt: ...s are overruled. FACTS This action arises out of plaintiff Emilee Richardson's ("Plaintiff") employment with Defendants THE MUNIRS COMPANY, THE MUNIRS COMPANY II, T&S BUSINESS CORPORATION, PANCAKES 3457, FNC, AND PANCAKES 1716, INC., all of which are owned by or are franchisees of IHOP RESTAURANTS, INC. Plaintiff worked as a restaurant hostess and later as a server from approximately October 2, 2017, to approximately March 24, 2020. Plaintiff cla...

Excerpt: ...eviously, Plaintiff moved to compel Defendant to provide full and complete responses to certain requests for production (set one). The Court granted the motion, but narrowed the scope of the requests. The subject requests, Nos. 1, 13, 17, 20, 22, 70, 74, and 75 related to Defendant's investigations and analysis regarding the Defects. Defendant had interposed numerous objections, which the Court overruled. In its Order of 1/14/21, the Court held t...

Excerpt: ...on as follows. Plaintiff alleges he was an employee of Acana Management beginning in or around June of 2015, and worked as a laborer until his wrongful termination on or about May 6, 2016 due to a perceived disability after he suffered a torn meniscus. Plaintiff alleges nineteen causes of action arising out of his employment. He alleges claims under FEHA, the Labor Code, and common law. In the instant motion, Plaintiff asserts that “Defendants ...

Excerpt: ...as follows. Factual Background This elder abuse/wrongful death action arises out of Eva Harris' eight‐day stay at a health facility, MCHC, during which time she suffered a fecal impaction that led to other complications causing her death on 6/29/2018. Suit was commenced on 6/13/2019 against defendant MCHC and Does 1‐100 but shortly thereafter, plaintiffs filed a series of amended complaints which inter alia named several additional defendants...

Excerpt: ...ording to the complaint, plaintiff purchased the subject property in 1993 and then re‐financed her mortgage in 2008 with a $455,000 loan from Accredited Home Lenders, Inc., not a party to this suit, which was secured with a Deed of Trust ("DOT"). This DOT was subsequently assigned in 2010 (along with a substitution of trustees), 2011, 2012, 2015, 2016 and 2018, with the last one being in favor of defendant Wilmington. "In January 2019, Wilmingt...

Excerpt: ... within five years and to expunge Lis Pendens is ruled upon as follows. This is a nonjudicial foreclosure case. Pro per Plaintiff Roddie McElhaney filed her complaint on 5/14/2014. Thus, absent any reason for excluding time, the 5 year period expired on 5/14/2019. "[A]n action shall be brought to trial within five years after the action is commenced against the defendant." (CCP § 583.310.) "[A]n action shall be dismissed...after notice to the pa...

Excerpt: ...ourt on September 15, 2017. (See ROA 9.) On December 4, 2019, Plaintiff dismissed all individual defendants. On March 10, 2020, the federal court granted Plaintiff's motion to amend her complaint, in part, and dismissed Plaintiff's fourth and fifth causes of action for discrimination and retaliation in violation of the Family Medical Leave Act (“FMLA”), and remanded the case back to this court. Defendant now seeks summary adjudication on each...

Excerpt: ... Luster's licenses after he tested positive for cocaine use. (See FAC, Exhs. 2, 3.) Luster disputes the validity of the test. Luster alleges that the laboratory that tested the cocaine‐positive sample did not follow proper procedures, i.e., by failing to contact him and inquire if he was taking any medications that could have triggered a false positive. He alleges that he never used cocaine, that the only drugs he took were prescribed, and that...

Excerpt: ...the complaint, “Plaintiff seeks to correct and recover damages for the following but not necessarily limited to breaches by Defendants: self‐dealing transactions, improper distributions, improper loans, mismanagement of religious trust funds, failure to provide accurate financial statements, fraudulent acts by Defendant Surendra Singh, fraudulent acts by Defendant Church Board, subject to proof.” In describing the first cause of action, pla...

Excerpt: ...ts the fact of the existence of the documents submitted, not the truth of their contents. (SeeProfessional Engineers v. Dept. of Transp.(1997) 15 Cal.4th 543, 590 (judicial notice of findings of fact does not mean that those findings are true);Steed v. Dept. of Consumer Affairs(2012) 204 Cal.App.4th 112, 120‐121.) FACTS In this elder abuse action, Plaintiffs' decedent, Christine Patton was living in a residential care facility, Laguna Woods. Ms...

Excerpt: ...d upon as follows. Defendant filed an untimely opposition on April 16, 2021, only two court days prior to the hearing in violation of CCP § 1005. Defendant submitted a declaration indicating the untimely filing was the result of a staff calendaring error in counting calendar days instead of court days, which resulted in the deadline to file an opposition being calendared as April 12, 2021 (instead of April 8, 2021). The staff member discovered t...

Excerpt: ...ments, Set Two, No. 48, is ruled upon as follows. As pointed out by Plaintiff, CDCR's opposition was sent via regular mail, without a courtesy email copy, rather than by personal delivery, facsimile transmission, express mail, or other means reasonably calculated to ensure delivery not later than the close of the next business day after the papers are filed. (CCP § 1005(c).) Plaintiff was to receive CDCR's opposition on April 9, 2021, but did no...

Excerpt: ...ners (1976) 11 Cal.3d 2, The contradiction between prior discovery responses, here interrogatories, and the current declaration must be clear and unambiguous, not fragmentary or equivocal responses made during the prior discovery. Price v Wells Fargo Bank (1989) 213 Cal.App.3d 465, 482; Benvenidez v San Jose Police Dept. (1999) 71 Cal.App.4th 853, 861‐862. The Court finds that the interrogatory responses, which describe among other things her m...

Excerpt: ...specifying the sanctions sought, nor providing a supporting declaration. This action arises from an alleged incident which occurred on March 22, 2020 at the Walmart in Folsom, California. Plaintiff had placed two packs of toilet paper in her shopping cart in violation of the Covid‐19 limit of one pack of toilet paper per customer. Plaintiff contends she was assaulted and battered by the store's Assistant , defendant Andy Litsas, when he removed...

Excerpt: ...ion to a cause of action for violation of Business and Professions Code § 17200 which is premised on the Song‐ Beverly Act violations. Defendant moves to compel arbitration of Plaintiff's complaint pursuant to an arbitration provision contained an online Motor Vehicle Purchase Agreement (“MVPA”). The subject provision in the MVPA, which is set apart from other provisions, reads as follows: Agreement to Arbitrate. Please read this provision...