Excerpt: ...gh its subsidiary Sacramento Auto Insurance Center dba Cost‐U‐Less Insurance Center (“Cost‐U‐Less”), as a broker of insurance policies, allegedly engaged in the practice of issuing entirely new and superfluous policies when Plaintiffs only required a simple amendment to a previously issued policy in order to inflate broker fees. Plaintiff filed her initial complaint on August 14, 2014, on behalf of herself and a class of similarly sit...

Excerpt: ...ocedural Background Plaintiffs filed this breach‐of‐guaranty case in 2010. Defendants are the guarantors. The parties entered into a written settlement agreement (Settlement) in March 2012. Under the Settlement, each Defendant is required to pay a maximum of $1,000,000 over a period not to exceed 10 years from the time his first payment is made (subject to an exception not relevant here). (See Derickson Decl., Exh. A, ¶ 4(f).) Each Defendant...

Excerpt: ...d to withdraw as counsel of record. On September 14, 2018, the Court denied the motion as there was no return receipt form the certified mail showing tha the client was served with the motion at the address listed on the proof of service. (ROA 106.) Thereafter, Plaintiff's counsel filed a “Notice of Ruling” and served the notice on Plaintiff, indicating that the motion to withdraw had been granted. (ROA 107.) Plaintiff's counsel is hereby ord...

Excerpt: ...d motion matters. *** Defendants Samuel Merritt University (“SMU”), Sutter Bay Hospital (“SBH”), Sutter Health (“Sutter”) and Isaac Bristow's (“Bristow”) (collectively “Defendants”) demurrer to the Second Amended Complaint (“2AC”) is SUSTAINED IN PART and OVERRULED IN PART, with leave to amend except as to the 14th cause of action against Bristow. The notice of demurrer does not provide notice of the court's tentative ruli...

Excerpt: ...ration is denied. This motion purports to be a motion to compel "supplemental" responses, when it is actually appears to be a motion to compel further responses to discovery. The motion is confusing, fails to cite applicable authority, and contains contradictory statements. If plaintiff is contending that responses served were inadequate or in violation of a court order, the proper motion to file is a motion to compel further responses ac...

Excerpt: ...ants seek an examination by an orthopedic surgeon concerning plaintiff's claim of a disc injury that requires surgery and which she contends is a result of the subject accident. At the time of plaintiff's deposition in October of 2016, she testified that no doctor had told her that neck surgery would be necessary. On May 30, 2018, plaintiff's counsel told defense counsel that plaintiff's doctor stated she may need surgery for her ...

Excerpt: ...to sufficiently allege "malice, oppression, or fraud." The Court notes that Defendant has not demurred to the conversion or negligence causes of action. Plaintiff insists that Defendant acted with malice because she alleges that she had rightful possession of the vehicle and that Defendant hooked up Plaintiff's vehicle with full knowledge that she was inside. At this stage of the pleadings, and taking the allegations as true that: (1)...

Excerpt: ...low. The parties still must request oral argument pursuant to Local Rule 1.06 *** If oral argument is requested, the parties must at the time oral argument is requested notify the clerk and opposing counsel of the causes of action that will be addressed at the hearing. The parties are also reminded that pursuant to local court rules, only limited oral argument is permitted on law and motion matters. *** Defendants Janis ("Janis") and Dean...

Excerpt: ...plaint on September 13, 2018 and a first amended complaint on September 14, 2018. There is no second amended complaint in the Court's file. Nor could there be absent a motion or stipulation of the parties and Court order. Therefore, the Court's analysis is premised on the first amended complaint. Plaintiff also refers to a verified complaint, but the FAC is not verified. Nor was the original complaint. In this action Plaintiff alleges causes of a...

Excerpt: ... conversion of assets from Folsom Ready‐Mix, Inc., breach of fiduciary duty as to both Plaintiffs, negligence, constructive fraud, conspiracy to defraud, unjust enrichment, imposition of constructive trust, breach of contract, injunctive relief, and violation of Penal Code § 496. On September 18, 2018, this Court granted Plaintiff's ex parte application for a TRO and issued an OSC restraining Defendants from wasting, using, selling, encumberin...

Excerpt: ...ow for the parties to file a joint statement regarding the discovery requests at issue. The Court incorporates by reference its September 7, 2018 order, from which this proceeding is a continuation. The instant discovery motion is in the context of competing petitions to confirm or vacate an arbitration award. As this is unique in setting, for context, the Court refers back to its the Court's May 4, 2018 order related to DWR's petition to vacate ...

Excerpt: ...dmother was living with a sex offender. They now indicate that the complaint contains factual errors. They argue that after extensive discovery they learned that Defendant did not affirmatively place them in a residence with a registered sex offender but rather that before a placement could occur their grandmother took them. They indicate that the facts show that Defendant was aware of this and then failed to investigate claims received from thei...

Excerpt: ... and fair dealing. Plaintiffs allege that they are the assignees of an agreement to purchase real property (“Agreement”) that was entered into between SAVS Energy, LLC ("SAVS") and Defendants on or about January 12, 2017. They allege that SAVS assigned the Agreement to them. They allege that SAVS made $30,000 in deposits and that the transaction was originally scheduled to close on April 27, 2017. They allege that before closing they ...

Excerpt: ...ysician whose hospital privileges were in 2014 suspended by defendant Dignity Health in response to allegations by various hospital employees. Shortly thereafter, plaintiff filed his first suit against Dignity Health for defamation, harassment and violation of Health & Safety Code §1278.5, alleging he suffered retaliation for reporting unsafe hospital conditions and/or care. According to plaintiff, when certain hospital staff learned plaintiff w...

Excerpt: ...wise the subject of judicial notice. This is a trip‐and‐fall case. On or about 10/09/17, Laber informed Dr. Katibah that Leo Van Dolson, Jr., M.D. (Dr. Van Dolson) was treating her injured knee in a worker's compensation case. (See Moua Decl., Exh. C.) When the parties initially exchanged expert witness lists on 8/13/18, Laber disclosed Dr. Van Dolson as a non‐retained expert. Dr. Katibah did not designate Dr. Van Dolson at that time. The f...

Excerpt: ...odation, and wrongful termination in violation of public policy. On about July 3, 2018, Defendant Kaiser Foundation Hospital's Motions for Summary Judgment against Plaintiffs was heard and granted by the Court. Thereafter, on about August 10, 2018, Defendant Kaiser served its Memorandum of Costs, requesting $1,582.77 against Johnson and $1,445.34 against Landeros. Plaintiffs now move to tax costs pursuant Williams v Chino Valley Independent F...

Excerpt: ...ustee of the Ortiz Family Living Trust (erroneously sued as Ortiz Family Living Trust), Frank A. Wolfe as Trustee of the 2000 Wolfe Family Trust (erroneously sued as 2000 Wolfe Family Trust), Beverly A. Smallfield, and Stan Kurz' (collectively, “Defendants”) motion for summary judgment or, in the alternative, summary adjudication is ruled upon as follows. Defendants' request for judicial notice is granted. In taking judicial notice of these d...

Excerpt: ...otice is granted, except as to item 7. In taking judicial 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 [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 ...

Excerpt: ...n, M.D., and Adam M. Wegner, M.D.'s (collectively, “Defendants”) demurrer to Plaintiff Robert DaRosa, Kathleen DaRosa, Lindsay DaRosa, and Jacob DaRosa's (collectively, “Plaintiffs”) Second Amended Complaint (“SAC”) is sustained, without leave to amend, as to the Second and Sixth Causes of Action, and sustained with leave to amend as to the Fifth Cause of Action. Plaintiffs allege claims for elder abuse, intentional infliction of emot...

Excerpt: ...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 deadline to ...

Excerpt: ...tes that due to his age and unfamiliarity with civil matters, he did not know how to respond to the requests for admissions. He attempted to respond in a timely manner but his response was not in the proper format. (See exhibit A) Defendant has attached his proposed responses as Exhibit B to the motion and seeks permission from the Court to serve these responses. Defendant filed his motion shortly after the Court deemed the requests for admission...

Excerpt: ...ice to quit on Plaintiff. Plaintiff did not voluntarily vacate the premises within three days (UMF 5). On August 14, 2015, defendant changed the locks to Mr. Hamann's apartment. (UMF 6) Defendant never filed an action for unlawful detainer nor obtained a court order for possession of the premises. (UMF 7) Defendant did not comply with Civil Code section 1951.3 which governs abandonment of premises. (UMF 8) Plaintiff alleges a 1st cause of act...

Excerpt: ...'s mother. Plaintiff Casey Woodbury is decedent Helen Woodbury's Son (FAC ¶ 1.) REGENTS, Dr. Pouria Kashkouli, Dr. Kimberly Hardin, and Dr. Richart Harper are healthcare providers. (FAC ¶¶ 9,11). Mark Vanderlinden is the risk manager for UC Davis Medical Center. (FAC ¶10) The FAC alleges a claim for punitive damages, in violation of CCP 425.13. The FAC also includes an improper request for expert coasts as well as "for the lost of...

Excerpt: ...n, judgment was entered for NCCS. NCCS then levied Plaintiff's bank account to satisfy the judgment and obtained $24,146.77. NCCS then filed an Acknowledgment of Satisfaction of the judgment. Thereafter, on September 4, 2015, the Court granted Plaintiff's motion to set aside the judgment based on Plaintiff's attorney's affidavit of fault. However, NCCS did not return the money it had previously obtained in executing on the judgment and the court ...

Excerpt: ... Emotional Distress, but is OVERRULED as to all other causes of action. This case presents a business dispute. In its complaint, Alhambra alleges that it repurchased its stock from Defendant and Cross‐Complainant Martinez, but the latter breached the Stock Purchase Agreement (“SPA”). In the First Amended CrossComplaint (“FACC”), Martinez alleges that Alhambra is the one that breached the SPA. Martinez's FACC also alleges that he and Alh...