Excerpt: ...evard in which Plaintiff Mahmoud Khattab. M.D. (“Dr. Khattab”) and Plaintiff 9250 Big Horn Holdings, LLC (“Big Horn”) entered into a construction agreement with Defendants and Sheba Construction, Inc. (“Sheba Construction”), whereby Defendant would serve as the project developer for the building's construction and Sheba Construction would act as the general contractor. At issue on the instant motion are Plaintiffs' third and fourth ca...

Excerpt: ...laint in July 2018 alleging causes of action against Defendant Kiene and others for breach of lease and guaranty. Defendant Kiene and Gary Eblen then filed a cross‐complaint against Plaintiff and Taylor's Investment Co. for negligence, breach of contract and more. The cross‐complainants alleged that rental obligations were excused as a result of environmental issues which led them to vacate the subject premises. Taylor's Investment Co. is the...

Excerpt: ... 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. *** Plaintiff's memorandum of points & authorities in opposition fails to comply with CRC Rule 3.1113(d)‐(f) but the opposition was nevertheless considered. The Court did not consider any of the declaration filed by Plaintiff since the Court's consideration in conn...

Excerpt: ...nd for trespass. Plaintiff alleged that it was formed in May 2017 to engage in the ownership, development and leasing of real property. Provident Trust Group, LLC Custodian FBO William Lauth IRA was the majority member with 81.25% of the membership interests and Defendant owned the remaining 18.75% membership interests. Plaintiff is a managed the LLC and the elected manager has the exclusive authority to manage Plaintiff's business. Plaintiff's s...

Excerpt: ...dist Hospital, complaining of pain in the right hip and the right knee. Ms. Newsome was 92‐years‐old with a history of hypertension, diabetes, atrial fibrillation, and arthritis. Ms. Newsome denied any recent falls or trauma prompting the pain, and her son and daughter advised Dr. Robinson that they were attempting to have her placed in hospice care. Dr. Robinson further noted that Ms. Newsome had a “Do Not Resuscitate” directive. Dr. Rob...

Excerpt: ...equest for Judicial Notice is unopposed and is granted. FACTS This dispute arises out of Thandi's agreements to purchase two commercial vehicles (used charter buses) in late 2015 and early 2016 from Advantage, to be financed by monthly installment payments. Advantage alleges in its Complaint that Thandi has defaulted on its promises to pay, and that Thandi's principal, Mr. Thandi, breached the personal guaranties he executed in connection with th...

Excerpt: ...'s ruling tentatively indicates that it will grant final approval of the class action settlement, subject to certain conditions, the Court must still hold 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 rende...

Excerpt: ... in order to add among other allegations a PAGA cause of action. (Plaintiff provided PAGA notice to the Labor Workforce Development Agency (“LWDA”) on November 12, 2020.) The parties have stipulated to this amendment in order to complete the proposed settlement in full. Although such an amendment would usually require a separate noticed motion, the Court will grant leave here in order to position the action for settlement and effectuate the p...

Excerpt: ...Intentional Interference with Contractual Relations, Intentional Interference with Prospective Economic Relations, Breach of Duty of Loyalty, Breach of Duty of Care, Conversion, and Breach of Contract. Altahan and Co‐ defendant/Cross‐Complainant TUPS, Inc. ("TUPS") filed a cross‐complaint for Breach of Contract, Conversion, and Unjust Enrichment. The instant motion pertains to efforts by Altahan and TUPS to take the deposition of Banah, bot...

Excerpt: ...6 overruled. Requests for Judicial Notice Maher's Requests for Judicial Notice are GRANTED as to Nos. 2‐4. The Request is DENIED as to Request No. 1. RGW's Request for Judicial Notice Nos. 1‐9 is GRANTED. The Request for Judicial Notice regarding Request Nos. 10 and 11 is denied, as documents related to settlement cannot be used to establish facts. L&H's Request for Judicial Notice is GRANTED as to Nos. 1‐ 3 and denied as to No. 4. In grant...

Excerpt: ...ligence, including that of Dr. Manalo. Marshall Schilling alleges a dependent claim for loss of consortium due to Regina Schilling's injury. Dr. Manalo moves for summary judgment upon the grounds that undisputed facts show his medical care and treatment of plaintiff Regina Schilling met the applicable professional standard of care, and did not cause or contribute to her alleged injuries. Dr. Manalo moves for summary judgment as to Marshall Schill...

Excerpt: ...oduce the custodian of records for all categories specified in the deposition notice, is DENIED as set forth below. Plaintiff's concurrent motion pursuant to Code of Civil Procedure section 2023.010, et seq., 2030.010 et seq., and 2031.010 et seq for terminating, issue, and evidentiary sanctions is DENIED. Plaintiff's concurrent motion for monetary sanctions in the amount of $10,000 is DENIED. The Court initially observes that Code of Civil Proce...

Excerpt: ...en he was sentenced to prison for life he entrusted his savings, a retirement account containing $114,730 as of August 2012, to defendant who was his childhood friend. In that respect, Plaintiff alleges that he gave defendant a power of attorney. Plaintiff alleges that he directed Defendant to access the account and pull out $11,000 and put $10,000 on his books. Plaintiff alleges that in September 2012 he discovered that half of the retirement ac...

Excerpt: ...Southgate's concurrent motion for monetary sanctions is denied as the motion is not opposed. Diede's "Non‐opposition" to the motion contains several arguments explaining or justifying the past conduct of the parties regarding this production, and arguing against the imposition of sanctions. However, since Diede represents in the opening sentence that it does not oppose the motion to compel, the remaining arguments in the nonopposition shall be ...

Excerpt: ... opposes the motion. Plaintiff filed this action on May 12, 2020. Her Complaint alleges one putative class action claim pursuant to Business and Professions Code section 17200 et seq. which in turn is founded upon alleged violations of the Labor Code including misclassification as independent contractors, failure to pay overtime, failure to provide meal periods and rest periods, failure to pay minimum wage, and failure to reimburse business expen...

Excerpt: ... to the extent that she is deaf. Her primary means of communication with others is American Sign Language (otherwise referred to as “ASL”). She obtained a homeowners insurance policy from Defendant CSAA Insurance Exchange (“CSAA”). On October 13, 2017, the property sustained severe water damage. She alleges that CSAA refused to provide her with an ASL interpreter to communicate with her. CSAA eventually hired a remediation and constructio...

Excerpt: ...rial was initially scheduled for 10/26/2020, but the court vacated the trial date due to the COVID‐19 pandemic. At the time Rai filed this motion, trial was set to commence on 4/26/2021, however, Rai had a motion to continue trial set for 4/6/2021. The Presiding Judge granted the motion to continue the trial. The trial is now scheduled for 6/14/2021. Rai moves to compel Plaintiff's attendance at deposition and an order allowing his deposition t...

Excerpt: ...videntiary Objections The Court does not rule on Defendant Powerglide Holdings, LLC's (“Defendant”) evidentiary objections since they concern evidence immaterial to the Court's decision on the motion. (Code Civ. Proc., § 437c, subd. (q).) Plaintiff's evidentiary objection No. 6 is overruled. The Court does not rule on the remainder of Plaintiff's evidentiary objections since they concern evidence immaterial to the Court's decision on the mot...

Excerpt: ...) and Austin Matulonis (“Matulonis”). Plaintiff alleges that Matulonis discriminated against and harassed Plaintiff due to her sex, gender and/or sexual orientation, as well as retaliated against her when she made complaints. Plaintiff alleges that Matulonis' harassment and discrimination against her first began in March 2016 until June 2017 when CHP transferred Plaintiff to a different position. By this motion, Plaintiff moves to compel CHP ...

Excerpt: ...nts New York Life Insurance Company and NYLife Securities, LLC's (collectively, “New York Life”) demurrer to plaintiffs Steven Hattendorf and Brandy Hattendorf's (collectively, “Plaintiffs”) First Amended Complaint (“FAC”) is SUSTAINED with leave to amend. Plaintiffs' request for judicial notice in support of their original moving papers is granted as to items 1 and 2. The request as to item 3, which is the California Department of In...

Excerpt: ...‐site accident involving Plaintiff, Dean Robbins ("Plaintiff” or “Mr. Robbins”). On May 8, 2017, Plaintiff was injured while working on a construction project taking place in Elk Grove, California called the Echo Water Project (the "Project"). (UMF 2.) Plaintiff was a Senior Inspector and performed tasks as a welding inspector in May of 2017. (UMF 7) On May 8, 2017, when Plaintiff was being shown the Flatiron job site, he stepped into a h...

Excerpt: ...pay Plaintiffs' reasonable attorney's fees, costs, and expenses with Plaintiffs as the designated prevailing party Civil Code § 1794(d). Under the Song‐Beverly Consumer Warranty Act, Crv. Code § 1791 et seq., the prevailing buyer is entitled to recover reasonable attorney's fees, based on actual time expended, and court costs and expenses. Civil Code § 1794(d). Thereafter the settlement was delayed when the vehicle was in an accident and a s...

Excerpt: ...ts, LLC (“Crescent”) and 9750 Airport Management, LLC (“9750”) (collectively, “Defendants”). This is a coordinated action. On December 8, 2016, plaintiff Anatoli Romanov ("Plaintiff Romanov") filed a class action complaint entitled Anatoli Romanov v. Crescent Hotels & Resorts, LLC, et al., in the Sacramento County Superior Court, Case Number 34‐2016‐00204535 (the "Romanov Action"). The Romanov Action asserts the following causes o...

Excerpt: ...nistrative agencies that are referenced in the plaintiff's complaint. Plaintiff Patrick Notestine's ("Plaintiff or "Notestine") Complaint ("Compl.") alleges a third cause of action against Defendant Patriot Environmental Services, Inc. ("Defendant" or "Patriot") pursuant to the Private Attorneys General Act, Labor Code §§ 2698, et seq. ("PAGA"). Plaintiff seeks to recover civil penalties on behalf of all "current or former employees of Defendan...

Excerpt: ...nty Sheriff Deputies had mistakenly entered his building when searching for a transient who had been reportedly trespassing at the adjacent commercial building next door. Plaintiff's First Amended Complaint alleges causes of action for violation of his civil rights and related claims. Defendants have submitted facts in their separate statement and supporting evidence that deputies responded to a late night call regarding a trespass and burglary a...

Excerpt: ...ranted. 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. 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 January 12, 2021, arising out of his purcha...

Excerpt: ...s final. The defendants jointly and individually move on the following grounds: 1)The defendants, individually or vicariously, complied with the required standard of care in treating plaintiff Christopher Miller, negating breach of duty; 2) there is an absence of legal causation between any negligent act and/or omission on the defendants' parts individually or vicariously and injury to plaintiff Christopher Miller; and, 3) The defendants, individ...

Excerpt: ...erruled. Plaintiffs' Request for Judicial Notice of specified items in the Register of Actions in this case is granted. This elder abuse action arises out of the care and treatment plaintiff Helen Williams ("Ms. Williams") received while she was a resident of Manor Care, a skilled nursing facility in Citrus Heights, California, in January and February of 2018. Plaintiffs' demand seeks to inspect Ms. Williams' PHI/EHR (Health Record) at the highes...

Excerpt: ...ant's office in September 2015. Defendant moves for summary judgment on the ground Plaintiffs cannot establish breach of the applicable standard of care and Defendant did not cause or contribute to Adrian's alleged injuries. In evaluating a motion for summary judgment the court engages in a three step process. First, the Court identifies the issues framed by the pleadings. The pleadings define the scope of the issues on a motion for summary judgm...

Excerpt: ... reopen discovery. This is Plaintiff's fourth attempt to try to reopen discovery. Plaintiff calls her motion an “objection to sanctions,” and she objects to the $852.50 in monetary sanctions that were awarded to Defendants pursuant to CCP § 128.5 on January 26, 2021. Plaintiff asks this Court to vacate the sanctions order, but she also asks the Court to vacate “all the orders.” A full reading of her moving brief reveals that Plaintiff, f...

Excerpt: ...nses to Defendant's special interrogatories nos. 4, 8, 12, 17 and 20. These interrogatories asked Plaintiff to identify documents which she relied upon to support her contentions regarding Defendant's liability. For each interrogatory Plaintiff interposed numerous boilerplate objections, including objections based on relevance, that the interrogatories were overbroad and premature, called for expert witness information and a legal conclusion. Sub...

Excerpt: ... Complaint asserts against defendants American Staffing Services, LLC, Galvez and others for misappropriation of trade secrets, interference with contract and prospective economic relations, breach of fiduciary duty, defamation, false advertising and unfair business practices. Defendant Galvez filed in December 2018 a cross‐complaint against SVSD, McAlpine and others for breach of contract, false promise, intentional misrepresentation, negligen...

Excerpt: ...e building permits in violation of numerous provisions of the County Code. Plaintiff previously sought a TRO/OSC re: preliminary injunction which the Court denied on November 20, 2020. (ROA 11) The Court found that the application did not contain sufficient evidence to show irreparable harm or emergency as there was no evidence that the ADU was occupied at the time and that the argument that unpermitted construction presented a risk of public har...

Excerpt: ...tax liability. Defendants seek a protective order pursuant to CCP § 2017.020(a) which allows a court to limit discovery if it determines that “the burden, expense, or intrusiveness of that discovery clearly outweighs the likelihood that the information sought will lead to the discovery of admissible evidence.” (CCP § 2017.020(a).) To that end, they seek a protective order stating that they do not need to respond to any further discovery unt...

Excerpt: ...March 23, 2015. This motion was placed on today's calendar after the Court granted Defendants' ex parte application for an order shortening time on March 24, 2021. Defendants move for a protective order pursuant to CCP § 2034.250 in connection with Plaintiffs' demand for exchange of expert witness information that was served on March 10, 2021. According to Defendants, the demand was duplicative of the previous demand served in March 2020. Defend...

Excerpt: ...motion is opposed by co‐ defendant L.A.'s Best Security, Inc., dba American Calstar Security ("LABS"). The factual allegations of Plaintiff's action, the procedural history of the action, and the terms of the conditional settlement are all well described in the moving papers and need not be recited here. The California Supreme Court's opinion in Tech‐Bilt, Inc. v. Woodward‐Clyde & Assocs. (1985) 38 Cal. 3d 488, guides the court's inquiry un...

Excerpt: ...assment based on disability, retaliation, failure to engage in the interactive process. She also alleges the Tenth Cause of Action for Intentional Infliction of Emotional Distress (“IIED”) which is the subject of the instant demurrer. Plaintiff began her employment with CSU in 1989 and is currently employed as an Administrative Support Coordinator I. She alleges that she suffers from numerous physical disabilities including anxiety and depres...

Excerpt: ...er real property at 8529 Bond Road in Elk Grove. JJD's predecessor‐in‐interest Elk Grove Marketplace, LLC entered into a lease agreement with Jo‐Ann's predecessor‐in‐interest FCA of Ohio, Inc. dated June 13, 2003 (“Lease”). JJD is the landlord and Jo‐Ann is the tenant under the Lease. JJD contends that certain provisions in the Lease setting forth when Jo‐Ann would pay reduced “alternative” or “Substitute Rent” in Sectio...

Excerpt: ...leging causes of action for breach of contract, breach of the covenant of good faith and fair dealing, “deceit,” “concealment,” based on allegations that Plaintiff charges credit card interest in excess of allowable rates. Nowhere in the cross‐complaint does Defendant indicate that he seeks to represent a class. Nevertheless, he now brings the instant motion seeking to certify his crosscomplaint as a class action. He indicates that the ...

Excerpt: ...California. The Complaint contains causes of action for the following alleged violations: (1) Labor Code §§510 and 1198 (Unpaid Overtime); (2) Labor Code §§ 226.7 and 512(a) (Unpaid Meal Period Premiums); (3) Labor Code § 226.7 (Unpaid Rest Period Premiums); (4) Labor Code §§ 1194, 1197, and 1197.1 (Unpaid Minimum Wages); (5) Labor Code §§ 201 and 202 (Final Wages Not Timely Paid); (6) Labor Code § 204 (Wages Not Timely Paid During Empl...

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: ...stence or non‐existence of a triable issue of material fact. *** Defendant the State of California by and through the 36th District Agricultural Association aka Dixon May Fair's ("Defendant" or "District” or the "36th District") Motion for Summary Judgment Or, In The Alternative, Summary Adjudication is DENIED. This case arises out of a collision between a golf cart and a two‐year‐old boy at the 2018 Dixon May Fair. The District is a stat...

Excerpt: ...amin James White initially failed to answer the Complaint and Plaintiff requested and obtained an entry of default and a default judgment on June 8, 2017. Plaintiff served the Notice of Entry of Judgment on July 28, 2017. On September 18, 2019, Defendant moved to set aside the entry of default and the judgment on the grounds that he had not been properly served with the Complaint, which was served by substitute service. On November 21, 2019, the ...

Excerpt: ...n this action, Plaintiff Pamela Palmieri (“Plaintiff Palmieri”) alleges that she represented Plaintiff Kayrinkia Gilliland (“Plaintiff Gilliland") in a foreclosure‐related matter. She alleges that she had a contingency fee agreement allowing for a percentage of the gross recovery and also provided her a charging lien for any sums owing for unpaid fees and costs. Plaintiff Palmieri alleges that she associated with Defendants in June 2016 a...

Excerpt: ...tice of findings of fact does not mean that those findings of fact are true];Steed v. th Department of Consumer Affairs(2012) 204 Cal.App.4th112, 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. Grant(1992) 6 Cal.App.4th 1548, 15...

Excerpt: ...ry 2019 and the pleading purports to assert causes of action for retaliation and disability discrimination under the FEHA, retaliation in violation of the Labor Code, and retaliation in violation of the Health & Safety Code. Defendant denies liability, insisting that Plaintiff's employment was terminated was a legitimate non‐ discriminatory and non‐retaliatory reason: Plaintiff's failure to perform her managerial duties and specifically, her ...

Excerpt: ... Plaintiffs allege that on September 16, 2016, the Decedent was working in the course and scope of his employment with Goodwill Industries as a "Loader and Unloader." Plaintiffs allege that the Decedent was checking the alignment of a container being unloaded from a "roll‐off‐hoist‐truck" when he was fatally injured. Plaintiffs allege causes of action for strict products liability, negligence (products), negligence, and a "survivor's action...

Excerpt: ... cause of action for fraud (negligent misrepresentation), third cause of action for fraudulent concealment, breach of fiduciary duty, and breach of covenant of good faith and fair dealing. Defendant's issues for summary adjudication are: (1) Plaintiff's claims for fraud ‐ intentional misrepresentation, fraud ‐ negligent misrepresentation, and fraudulent concealment, breach of fiduciary duty, and breach of covenant of good faith and fair deali...

Excerpt: ...olve whether the Demurrer disposes of the causes of action asserted by Plaintiff in his complaint in their entirety.” The continuance provided that the reply briefing would be due according to the new hearing date. No reply brief was filed. Defendant demurs to the first cause of action for common counts for unjust enrichment, second cause of action for constructive trust, and third cause of action for account on the grounds that each cause of a...

Excerpt: ...s‐Defendant First Franklin Financial Corporation's (“FFF”) demurrer to Defendants/Cross‐Complainants Christine and Richard Evans' (the “Evans”) first amended cross‐complaint (“FAXC”) is ruled upon as follows. Overview Plaintiff/Cross‐Defendant Aspen G LLC's (“Aspen”) complaint asserts causes of action for breach of contract and common counts ‐ money owed. Aspen alleges that on 8/31/2005, the Evans obtained a loan for $12...

Excerpt: ...20 in Department 54 but was continued to February 10, 2021 at Plaintiff Stella Altraide's request. Judge Krueger then recused himself from this matter on January 27, 2021, which resulted in this matter being transferred to this department and re‐set for hearing on today's date. Plaintiff's Opposition papers failed to comply with the Court's 2/10/21 order requiring leave of Court for additional briefing. Nevertheless, the Court considered all of...

Excerpt: ... breach of the covenant of good faith and fair dealing, intentional misrepresentation, negligent misrepresentation, and unjust enrichment against Defendant Vicky Nichole Ark, Vladimir Akhramenko, Dennis Akhramenko and Viva Management. Plaintiff alleges that he rented a residence from defendant Vicky Ark for $2,200 per month. (Comp. ¶¶ 18‐19.) Plaintiff alleges that starting in October 2019, during her monthly, in‐person pick‐ups of the mo...

Excerpt: ...ate of California (“Plaintiff”), Ferguson, Otto, and Luppen is in good faith is UNOPPOSED and GRANTED. This action involves allegations of construction defects and related damages to Office Building 10, which is owned by Plaintiff and located at 721 Capitol Mall in Sacramento, CA (hereinafter, the "Subject Property"). In November of 2005, Plaintiff entered into a written contract with general contractor, Otto, to renovate the Subject Property...

Excerpt: ...alez (“Plaintiff”) was an employee of M.F. Maher, Inc., a subcontractor hired by RGW. F&H was the general contractor hired for the design, construction, and completion of the project. Plaintiff filed his complaint on December 20, 2017, alleging negligence and premises liability against F&H. (ROA 1.) RGW was added as DOE 1 on April 9, 2018. (ROA 17.) F&H filed a Cross‐Complaint against RGW on February 15, 2018, alleging the following eight c...

Excerpt: .../harassment against her supervisor Kendall. Plaintiff issued a deposition notice for SMUD's Person Most Qualified (“PMQ”) with the deposition originally set to occur on March 3, 2021. The deposition notice sought a PMQ on the following topics: (1) All Complaints concerning race discrimination and any and all resulting investigations for 2015‐2019 referred to in Exhibit A; (2) All Complaints concerning gender discrimination and any all resul...

Excerpt: ...egitimate business reason as alleged in its fifth affirmative defense; (2) an order requiring Dignity to serve Plaintiff with the iVOS reports it improperly withheld; (3) an order that at Dignity's expense Plaintiff's forensic expert be granted reasonable access to Dignity's system to search for all emails from January 1, 2019 through February 15, 2019 by and between Plaintiff, Tina Randolph, Cecilia Sandoval, Karen Buckley, Kathleen Stedman and ...

Excerpt: ...himself and the other plaintiffs. Plaintiffs have two pending wrongful death/medical malpractice cases pending in the Los Angeles County Superior Court related to the death of Darrell Norried. In this action plaintiffs seek declaratory relief in the form of a declaration that the provisions of the Medical Injury Compensation Reform Act (“MICRA”) capping noneconomic damages at $250,000 and limiting contingency attorney fees violate the Califor...

Excerpt: ...eding with a trustee's sale of Plaintiff's residence pending the hearing on the OSC. Opposition was to be filed by March 19, 2021. Defendant 2nd Chance filed an opposition in connection with the March 11, 2021 ex parte hearing and the Court therefore construes that opposition to apply here. In the operative complaint Plaintiff alleges causes of action for (1) Violation of the Truth in Lending Act; (2) Unfair Business & Professions Code § 17200; ...

Excerpt: ...Local Rule 1.06. Moving counsel is directed to contact Plaintiffs' counsel and advise counsel of Local Rule 1.06 and the Court's tentative ruling procedure and the manner to request a hearing. If moving counsel is unable to contact Plaintiffs' counsel prior to hearing, moving counsel is ordered to appear at the hearing via Zoom or by telephone. Plaintiffs' request for judicial notice of orders in other cases in federal district court actions and ...

Excerpt: ...tionally misled to believe the bedding was 20% off. Plaintiff filed his original Complaint on November 2, 2020. (ROA 1.) Defendant moved to strike certain portions of the Complaint, including Plaintiff's claims for punitive damages. On February 2, 2021, the Court granted with leave to amend Defendant's motion to strike as to punitive damages on the ground the allegations were conclusory and insufficient to support such a claim; the remainder of t...

Excerpt: ...ndant. (Complaint, page 3.) Plaintiff alleges that "[d]ue to Mr. Cheema's intoxication level, he entered the freeway travelling in the wrong direction." Plaintiff further alleges that "[a]s a result, Mr. Cheema collided with the front of Mr. Mathews' vehicle" and that "Mr. Cheema was driving with a suspended license for a prior DUI charge." (Complaint, GN‐1, page 4.) Plaintiff seeks an award of punitive damages. Defendant moves to strike paragr...

Excerpt: ...st Theis and Andreas Rodriguez alleging causes of action for fraud, breach of Tillman LLC's Operating Agreement, breach of a verbal lease, breach of fiduciary duty, accounting, conversion, and more. The thrust of the complaint involves a business dispute regarding the operation of Tillman LLC and allegations that Theis failed to make capital contributions, led Batchelor to believe he was gainfully employed and had resources available so that Batc...

Excerpt: ...cramento and pay Plaintiff $30,000, plus half the equity. A copy of the deed to the property attached to the Complaint shows that only Defendant is on title. (ROA 1.) Plaintiff recorded a Notice of Pendency of Action on June 8, 2020, Document No. 202006080156, and recorded a second Notice of Pendency of Action Pursuant to CCP § 405.20 on December 9, 2020, Document No. 202012090709. Plaintiff has not filed a copy of the first notice with the Cour...

Excerpt: ...003326, and the complaint in this action is granted. 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...

Excerpt: ...nue, Citrus Heights, CA 95610. (ROA 8.) Default and default judgment were then entered against Defendant on June 26, 2013. (ROAs 12, 13.) An Abstract of Judgment was entered on September 1, 2016. (ROA 18.) Defendant now moves to quash service of summons and set aside the default and default judgment entered against her on the grounds that she was not served with the Summons and Complaint. Defendant moves pursuant to various code sections, includi...

Excerpt: ...ies Plaintiff alleges he sustained suffered when a lithium‐ion 18650 battery exploded in Plaintiff's pocket. Plaintiff alleges the subject battery was manufactured and placed into the stream of commerce by LG Chem Korea and ultimately sold to Plaintiff by Defendant Coloma Smoke Shack and placed into an “ecigarette.” Plaintiff brought suit against LGCAI based on it being a United States distributor of LG Chem, Ltd.'s lithium‐ion 18650 batt...

Excerpt: ...ply, the Court will entertain a request to continue the hearing on the demurrer. Defendants' 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 accept the truth of ...

Excerpt: ...es of action that will be addressed at the hearing. Counsel are also reminded that pursuant to local rules, only limited oral argument is permitted on law and motion matters. *** Factual Background In March 2019 District issued Request for Proposal 19:04 (“RFP”) which sought written proposals for providing District with “Advanced Life Support Ambulance Services” for a period of three years. The RFP states that the “start date for the re...

Excerpt: ...y of the specific document requests that will be addressed at the hearing. The parties are also reminded that pursuant to local rules, only limited oral argument is permitted on law and motion matters. *** Factual Background This action arises from a motor vehicle accident involving two semi‐trucks in April 2017. Plaintiff's complaint alleges a single cause of action against defendant Rai and defendant Dharminder but the latter was voluntarily ...

Excerpt: ...posing counsel at the time of the request which of moving party's 41 Undisputed Material Facts, which of opposing party's 37 Additional Material Facts and/or which objections to evidence will be addressed at the hearing and the parties 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. *** Moving counsel failed to comply with CRC Rule 3.1350(g), which req...

Excerpt: ...nt infliction of emotional distress, violation of Patients' Bill of Rights, and wrongful death, related to the care of decedent Gerard Follettie. The deposition notice seeks the following information about defendant's employees, unlimited as to time. 1. Any and all PERSONNEL FILES (for purposes of this notice "PERSONNEL FILE" means the employee's initial application, all performance evaluations, training records, disciplinary records, write‐ups...

Excerpt: ...the specific discovery requests that will be addressed at the hearing. The parties are also reminded that pursuant to local rules, only limited oral argument is permitted on law and motion matters. *** The notice of motion does not provide notice of the Court's tentative ruling system, as required by Local Rule 1.06, and does not provide the correct department for the hearing on this motion. Moving counsel is directed to contact opposing counsel ...

Excerpt: ... in an appeal. Plaintiffs request leave to file a FAC to allege a cause of action for constructive fraud and to add a claim for punitive damages against both defendants to Plaintiffs' prayer for relief. Plaintiffs also seek to add factual allegations that defendants concealed that the handling attorney with exclusive responsibility for Plaintiffs' underlying appeal was not competent to practice law under the Rules of Professional Conduct due to s...

Excerpt: .... A default judgment for nearly $44,000 plus costs was entered against both defendants on 8/29/2018. About a year later, plaintiff applied for an order to examine the two debtors and this examination occurred on 9/13/2019. Several months later the two defendants filed on 12/31/2019 a motion to set aside default and default judgment, which was set to be heard on 1/30/2020. This motion sought relief pursuant to Code of Civil Procedure §473(b) on t...

Excerpt: ...��end vehicle collision that occurred on February 1, 2016. Plaintiff Richard Martinez was the passenger in a truck tractor pulling a FedEx trailer. At that time, a USA Waste Management ("WM") garbage truck rear ended the FedEx trailer and truck and plaintiff was injured. Perry Roll was identified in discovery as the Director of Fleet Management, a person most knowledgeable as to the repair of the WM vehicle. (Declaration of Owen) Plaintiff set th...

Excerpt: ...to compensate Service Master for those services. Defendant alleges that Plaintiff failed to provide compensation for services under the terms of the contract. On May 27, 2020, ServiceMaster filed its Complaint in this Court (Case No. 34‐2020‐ 00280436) against Watts. The Complaint alleged causes of action for breach of written contract, open book, and account stated. Watts was personally served with the Summons and Complaint on July 13, 2020,...

Excerpt: .... KB defendants seek to redact three matters from their concurrent motion: (1) the Plaintiff's name; (2) the settlement amount; and (3) the portion of the settlement allocated to Plaintiff's lost wages. Protection of the Plaintiff's identity is appropriate and consistent with the use of an alias in this action in accordance with California Rules of Court, Rule 1.201. To the extent the KB defendants seek to redact the Plaintiff's true name, the mo...

Excerpt: ...rately upon the ground that Plaintiff's claims against him are barred by the statute of limitations. The question presented upon demurrer is whether the plaintiff has alleged sufficient facts in the complaint to justify relief on any legal theory. (Service by Medallion, Inc. v. Clorox Co. (1996) 44 Cal.App.4th 1807, 1811‐1812.) The trial court is required to give the complaint a reasonable interpretation, and to treat the demurrer as admitting ...

Excerpt: ...wing grounds: 1. the negligence cause of action is barred by the one‐year statute of limitations pursuant to Code of Civil Procedure §340.5, it is uncertain and ambiguous, and it fails to state facts sufficient to constitute a cause of action; 2. the premises liability claim is uncertain and ambiguous, and fails to state facts sufficient to constitute a cause of action; 3. the “vicarious liability” cause of action fails to state a viable t...

Excerpt: ...'s counsel is unable to contact opposing counsel prior to the hearing, Admiral's counsel shall be available at the hearing, by Zoom as stated in the introductory NOTICE to today's Tentative Rulings, in the event opposing counsel appears without following the procedures set forth in Local Rule 1.06(B). Admiral's demurrer to Plaintiff Clayco, Inc., dba Clayco Construction Company, Inc.'s (“Clayco”) Complaint is OVERRULED as follows. The parties...

Excerpt: ...g counsel prior to the hearing, Plaintiff's counsel shall be available at the hearing, by Zoom as stated in the introductory NOTICE to today's Tentative Rulings, in the event opposing counsel appears without following the procedures set forth in Local Rule 1.06(B). Plaintiff's motion for sanctions under Code of Civil Procedure (“CCP”) sections 1281.97 and 1281.99 is DENIED as follows. The Court declines to rule on Defendant Elk Grove Auto Gro...

Excerpt: ..., on the grounds that the proposed class action and PAGA settlement are fair, reasonable, and adequate as to all class members and should be given final approval by the Court. Plaintiff moves for an order: 1. Certifying the proposed class herein for purposes of settlement; 2. Appointing Plaintiff Raul Vasquez Vanegas as Class Representative for purposes of settlement; 3. Appointing the Shimoda Law Corp. as Class Counsel for purposes of settlement...

Excerpt: ... an intervening reassignment of the case between the Law & Motion Departments, and late filed papers. After a continuance of the hearing from October 29, 2020 to February 4, 2021, at Plaintiffs' request, the new date for Plaintiff to file any opposing papers became January 21, 2021. Plaintiff filed no opposition to this motion by that date. The Court's register of actions indicates the Court's receipt of an opposition brief from Plaintiff on Janu...

Excerpt: ...nd Harrington Declaration, submitted in conjunction with Plaintiff's Reply, is sustained. Plaintiff did not file objections to evidence. FACTS Plaintiff was formerly an employee of a chain of care homes in the Sacramento area, owned by Defendant Haven Valley Care, Inc., providing care giving services to disabled clients of the homes. Plaintiff filed claims for unpaid wages with the Labor Commissioner. On February 17, 2019, following a full day he...

Excerpt: ...in a loan from a lender in the amount of $500,000, $2,000 was to be paid to at the opening of escrow, and Plaintiff would pay the remaining $123,000 at close of escrow. Plaintiff alleges that at the time the Parties entered the agreement, the property was reasonably worth $636,000, “so that the agreement was fair, just, and reasonable” and that the “consideration being paid to Defendant [was] adequate.” (Compl. ¶ 12.) Plaintiff alleges t...

Excerpt: ... Chima's Towing gifted to Harmit Chima, the Toyota Solara that she was driving during the accident, but that because Chimas Towing botched the lien sale of the Solara, the previous owner, Sydney Paige Hetfeld, not Harmit Chima, still owned the vehicle. Plaintiff seeks a declaration that the 2012 lien sale was defective, a declaration that Sydney Paige Hetfeld still owns the vehicle and a declaration that Chima's Towing was borrowing the vehicle a...

Excerpt: ...nts, LLC (GGH); and GG E16 Apartments, LLC (GGE), is DENIED as set forth below. Plaintiffs (HLocal and ELocal), are limited liability companies. Plaintiffs are members of other limited liability companies (HApt, EApt) which are in turn members of other limited liability companies (GGH and GGE). GGH and GGE separately own two apartment buildings in midtown Sacramento. GGH and GGE have decided to sell their buildings to a third‐party. Plaintiffs ...

Excerpt: .... *** Plaintiff Lauren Sanders' (“Plaintiff”) motion to compel Defendant GHC of SACSNF,LLC dba Gramercy Court's (“Gramercy Court”) further responses to request for production of documents is ruled upon as follows. This is an elder abuse, medical negligence and wrongful death action. Plaintiff Lauren Sanders suing in her individual capacity, as well as successor‐in‐interest to decedent Louise Chappell (“Decedent”). Plaintiff allege...

Excerpt: ...ional discovery. Then on 1/28/2021 Judge Krueger recused himself from this matter, which resulted in this matter being transferred to this department and re‐set for hearing on 3/24/2021. The Court's 1/28/2021 order transferring this matter specified that no further briefing on this matter would be considered unless leave of court was obtained. The Court now rules as follows. *** If oral argument is requested, the parties are directed to notify ...

Excerpt: ... 2021 at Plaintiff Stella Altraide's request. Judge Krueger then recused himself from this matter on January 27, 2021, which resulted in this matter being transferred to this department and re‐set for hearing on today's date. While Plaintiff did not file a timely opposition in connection with the January 27, 2021 hearing, she has filed an opposition in connection with the re‐set hearing. Given the dispositive nature of the motion, the Court c...

Excerpt: ...music, food vendors, and samples of local beer and wine. At the event a large tree limb fell on plaintiff Steven Bralley (“Plaintiff”) when he was sitting under a large Valley Oak, which caused him to sustain injuries and rendered him a paraplegic. Plaintiff and his wife, Dana Bralley (collectively, “Plaintiffs”) filed their Complaint on June 27, 2019, against Gordon, the organizer of the event, Cosumnes Community Services District (“CC...

Excerpt: ...s”), Plaintiffs seek to compel Defendant to provide full and complete responses to certain requests for production. Requests Nos. 1, 6, 10, 11‐33, 41, and 80 relate to Defendant's investigation and analysis regarding the Defects. Requests Nos. 8, 9, 54, 58, 59 and 76 relate to Defendant's warranty and repurchase policies. Defendant interposed numerous objections to the requests for production, including objections based on relevance, burden a...

Excerpt: .... Dep't of Transp. (1997) 15 Cal.4th 543, 590; Steed v. Department of Consumer Affairs (2012) 204 Cal.App.4th 112, 120‐121.) Vibra Hospital fails to comply with CRC Rule 3.1110(f)(3) which requires that each paper exhibit must be separated by a hard 8 ½” x 11” sheet with hard paper or plastic tabs extending below the bottom of the page, bearing the exhibit designation. I. Overview This is an action for Declaratory Relief, Unfair Business P...

Excerpt: ...ado 1500, VIN 3GCUKREC2GG334281 (the “Vehicle”). Plaintiff served GM with Form Interrogatories, Set One, on October 16, 2020. (Matera Decl. Exh. 1.) GM served unverified responses on November 4, 2020. (Matera Decl. Exh. 2.) Documents were later produced on December 4, 2020. (Matera Decl. Exh. 3.) Verifications followed on December 31, 2020. (Matera Decl. Exh. 4.) On February 9, 2021, Plaintiffs asked GM for an extension to the motion to compe...

Excerpt: ... summons and complaint within three years as required by CCP § 583.210. SGN was ultimately served with the cross‐ complaint on January 10, 2021 when Centex served Stuart Nelson, a former director of SGN. Both parties' requests for judicial notice are granted. Centex opposes the motion on the basis that service was timely under the circumstances of the case. Pursuant to CCP § 583.210, “the summons and complaint shall be served upon a defenda...

Excerpt: .... The Solano County Action Plaintiff Reveille Farms, LP (“Plaintiff”) operates a working farm in Dixon, California. In October of 2017, it contracted with Michel Labor Services (“MLS”) for field and farm labor. According to the First Amended Complaint (“FAC”) filed in the Solano County Action, Plaintiff never participated in the hiring, selection, or firing of field and farm laborers and paid MLS for the cost of labor plus profit for ...

Excerpt: ...d his automobile insurance carrier, GEICO. The action arises out of a November 16, 2017, rear‐end collision that caused neck, back, and left arm injuries to Ellis. The matter was referred to arbitration pursuant to Ellis' automobile policy with GEICO. The arbitration evidentiary hearing is scheduled for May 6, 2021. (Sandhu Decl. ¶ 2.) The only issue to be determined at arbitration is the nature and extent of Ellis' physical injuries. On Decem...

Excerpt: ...ntiff previously sought and received a temporary restraining order (“TRO”) freezing financial accounts held by any Defendant with any financial institution within the United States (pending and/or in lieu of attachment) above $5,000 per institution, and prohibiting disposition of any assets, records, and other items acquired by Decedent or her estate. The requested TRO was subject to a monthly spending allowance of $5,000 for California resid...

Excerpt: ...irected to contact Plaintiffs' counsel and advise counsel of Local Rule 1.06 and the Court's tentative ruling procedure and the manner to request a hearing. If moving counsel is unable to contact Plaintiffs' counsel prior to hearing, moving counsel is ordered to appear at the hearing via Zoom or by telephone. Plaintiffs' request for judicial notice of orders in other cases in federal district court actions and an Los Angeles Superior Court ruling...

Excerpt: ...t the hearing and the parties 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 Ramos Oil (erroneously sued as PacWest Tank Lines, LLC) and Brian Hampton's (“Hampton”)(collectively “Defendants”) motion for summary judgment, or in the alternative summary adjudication, is ruled upon as follows. Overview This is personal injury action...