Excerpt: ...l Rule 1.06(D). Counsel for moving party is directed to contact counsel for opposing party forthwith and advise counsel of Local Rule 1.06 and the court's tentative ruling procedure. If counsel for moving party is unable to contact counsel for opposing party prior to hearing, counsel for moving party shall be available at the hearing, in person or by telephone, in the event opposing party appears without following the procedures set forth in ...

Excerpt: ...rm Mutual Automobile Insurance Company (State Farm Mutual), State Farm Fire and Casualty Company (State Farm Fire), Teresa L. Moon (Moon), Estate of Paula Foster (Estate), and Teresa L. Moon as Executor of the Paula C. Foster Revocable Trust (Moon as Executor) (collectively “Defendants”) to dismiss the action for failure to prosecute is GRANTED in part and DENIED in part. The parties' requests for judicial notice of court documents are GRANTE...

Excerpt: ...shall be available, by COURTCALL, to participate in oral argument on the continuance date. Defendants Mike Marlin's, et al.'s motion to declare Plaintiff a vexatious litigant is ruled upon as follows. Defendants' request for judicial notice is granted. Incarcerated Plaintiff G. Daniel Walker filed the instant action alleging that he suffers from numerous disabilities including mobility, vision and hearing impairment. Plaintiff alleges that he par...

Excerpt: ... 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. Appearance is required on October 17, 2018. Plain Brian Spears shall be available, by COURTCALL, to participate in oral argument on the continuance date. In this a...

Excerpt: ...ively sometimes “the Individual Defendants”) to serve further responses to the first sets of requests for admissions and form interrogatories is GRANTED in part and DENIED in part. The Individual Defendants' request for judicial notice of court documents is GRANTED. Procedural Background In the complaint, Dinelli alleges that he, Timms and Baccala each own shares in CoDefendant California Academy of Baseball, Inc. (CAB). Dinelli further alleg...

Excerpt: ...em (collectively “Plaintiffs”). APM was the landlord's property manager. CoDefendant Ding Zhang (Zhang) was the landlord. In the operative fourth amended complaint (4AC), Plaintiffs allege that they occupied the premises with a Section 8 HUD voucher. They allege a toxic mold infestation as well as other violations of housing laws, and they further allege that there were no timely attempts to repair despite their initial complaints. When repai...

Excerpt: ...suit and her prior lawsuit was with American Express. (Quezada Decl. ¶ 1.) She indicates that she was able to resolve her prior lawsuit and based on her experience she believed Plaintiff Bank of America would delay entering default because settlement discussions were underway. (Id. ¶ 2.) She states that unlike her previous case she ran into difficulties communicating with Plaintiff's counsel because they were either unavailable or called while ...

Excerpt: ...he Pars Oaks Subdivision and contracting with buyers without a valid public report. Plaintiffs allege that Defendants breached their sales contract by failing and refusing to close escrow and that the house at issue was eventually sold to a third party for more than $350,000 more than they were going to buy it for. At issue on this motion and Plaintiffs' two motion to compel Defendants discovery responses also on today's calendar, are Defendant's...

Excerpt: ...Owen, Special Administrator of the Estate of Mark Whisler, is OVERRULED. The court refers to Robert Winger, now deceased, as well as the personal representative of his estate, as “Robert.” Likewise, the court refers to deceased Plaintiff and Cross‐Defendant Mark Whisler dba Whisler Land Company, as well as the Special Administrator of Mr. Whisler's Estate, as “Whisler.” The parties' requests for judicial notice of court documents an...

Excerpt: ...llegedly electrocuted when his tree trimming tool came into contact 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. With respect to the loss of consortium claim, it is alleged by Plaintiff Margarito's spouse “Roe 1.” However, as Defendant points out, Margarito'...

Excerpt: ...n the Park. Defendants seek summary judgment on the basis that they owed no duty to Plaintiff and in any event Plaintiff cannot show causation. In evaluating a motion for summary judgment or summary adjudication the court engages in a three step process. The Court first identifies the issues framed by the pleadings. The pleadings define the scope of the issues on a motion for summary judgment or summary adjudication. (FPI Dev. Inc. v. Nakashima (...

Excerpt: ... physical and psychological injuries. On August 7, 2018, the Court granted Defendant's Motion to Compel a psychiatric examination of Plaintiff. Defendant's Notice of Motion stated that Defendant was moving under section 2032.010(a) “to have the Plaintiff evaluated by psychiatrist Dr. John Greene.” (Kilduff Decl. Ex. 4) Citing to CCP § 2032.310(b), the Notice further identified the following specific conditions for the examination: • Date/T...

Excerpt: ...he Court considered the opposition filed on September 26, 2018. Trial is set for October 16, 2018. Pursuant to CCP § 2025.450(a), where a deposition notice has been properly served and the party subject to the notice fails to appear or proceed with it, the party serving the notice may move for an order compelling the deponent's attendance and testimony. Defendant originally noticed Plaintiff's deposition for May 10, 2018. Plaintiff's counsel obj...

Excerpt: ...n fails to comply with CRC Rule 3.1110(b)(3)‐(4). Factual Background Plaintiff Intelligent Highway Solutions, Inc. (“IHSI”) filed this suit on 9/28/2017, claiming that TCA committed a variety of wrongful conduct in connection with several agreements which were intended to assist IHSI with expanding its business, including but not limited to financing for the acquisition of other assets. IHSI, a Nevada corporation with its principal place of...

Excerpt: ...ovision of legal advice in investing in a medical marijuana cultivation operation on native lands of two Northern California tribes. Plaintiffs now seek to seal certain portions of the Court's existing public record (i.e., prior complaints, demurrers and oppositions thereto, requests for judicial notice, and motions to stay and documents related thereto). Plaintiffs argue that these records include “extensive discussion of privileged attorney�...

Excerpt: ...' premises in Sacramento. Moving defendants previously demurred to the complaint but as a result of the required meet‐and‐confer process, plaintiffs volunteered to amend their complaint prior to the Court's ruling. Pursuant to the Court's 10/31/2017 order, the demurrer was dropped as moot and the amended complaint was to be filed by 11/13/2017. Defendants now seek dismissal of this action against them on the ground that plaintiffs have failed...

Excerpt: ...as served no less than 11 sets of written discovery, which comprises 212 interrogatories, 14 requests for production of documents, and 21 requests for admissions. The special interrogatories at the heart of this motion (67 interrogatories) were served on October 19, 2016. Exactly one year later on October 19, 2017, Mr. Black discovered that Defendant never served responses to the special interrogatories. Mr. Black contacted defense counsel Chris ...

Excerpt: ...Protective Order and (4) for Relief from Deposition Time Limit is GRANTED in part, as set forth below. The Court continued Defendant John Sorensen's Motion for Protective Order Terminating his Deposition, or in the Alternative for the Appointment of a Referee is to be heard and determined by the Court concurrently with Plaintiff's motion to (1) Compel Sorensen's further deposition; (2) to Compel further Document Production,(3) for Protective Orde...

Excerpt: ...r Maciora's motion to compel plaintiff's further responses to requests for production of documents is DENIED IN ITS ENTIRETY, as follows. Defendant failed to comply with CRC Rule 2.111(3) and Rule 3.1110(b)(3). This is securities fraud case which was filed on 10/31/2016. No trial date has been set. Defendant in pro per recently served a set of three (3) requests for production on plaintiff, in response to which the latter asserted various objecti...

Excerpt: ...e subpoena, issued on August 25, 2017, calls for the presence and testimony of Ms. Stephanie Reyes, whom Plaintiff identifies as having information and evidence that would support her claims. According to Plaintiff's sworn statement, Ms. Reyes appeared at the hearing as required by the subpoena but refused to be sworn in and testify as a witness. Following Ms. Reyes' refusal to testify, the hearing DLSE hearing officer continued the hearing and d...

Excerpt: ...he merits, and is granted, with leave to amend. Plaintiff alleges claims for assault and battery, among others, arising out of his being tackled and detained by security personnel at a Goodwill store in Redding. The Complaint alleges that "Defendant employers knowingly employed unfit employees with a conscious disregard of the rights and safety of others, and/or performed, ratified or approved" of the security guard's conduct in attac...

Excerpt: ...This motion is based upon the grounds that Plaintiff is not a resident of the State of California, and that HCD has a reasonable possibility of obtaining judgment in its favor. This motion is based on the provisions of Section 1030 of the California Code of Civil Procedure. CCP 1030 provides that upon a defendant's motion, the trial court is required to order an out‐of‐state plaintiff to file an undertaking to secure recoverable costs and...

Excerpt: ...er Verified Complaint for Damages (“Complaint”), alleging eleven (11) causes of action for: alleged Disability Discrimination, Discrimination Based on Gender, Hostile Work Environment, Failure to Engage in Interactive Process, Failure to Reasonably Accommodate, Failure to Prevent Harassment and Retaliation, Wrongful Termination, Negligent Retention, Assault and Battery, and Intentional Infliction of Emotional Distress. According to the Reply,...

Excerpt: ...mons has been filed to date. Legal Standard Pursuant to Code of Civil Procedure § 583.210, “the summons and complaint shall be served upon a defendant within three years after the action is commenced against the defendant. For the purpose of this subdivision, an action is commenced at the time the complaint is filed.” (Code Civ. Proc. § 583.210(a) (emphasis added).) With respect to a party named in an original complaint, the action is deeme...

Excerpt: ...ause the motion was not opposed. Although CRC 3.1348(a) purports to authorize sanctions if a motion is unopposed, the Court declines to do so, as the specific statutes governing this discovery (CCP 2030.290(c), 2031.300(c)) authorize sanctions only if the motion was unsuccessfully made or opposed. Any order imposing sanctions under the CRC must conform to the conditions of one or more of the statutes authorizing sanctions. Trans‐Action Commerci...