Excerpt: ...h plaintiff's vehicle. Specifically, Plaintiff alleges that Bradley Bradley Jr., while in the course and scope of employment with DWT “drove negligently in that he made an erratic and abrupt U‐turn across multiple lanes of traffic and across the double yellow lines, resulting in a serious collision. (First Amended Complaint (FAC), COA 2.) The FAC, filed December 23, 2020, ostensibly alleges causes of action for general negligence, motor vehic...

Excerpt: ...ent requests for sanctions are denied. The statutory bases of Champ's motion are not clear from its moving papers. Champ's motion cites 2030.010, et seq., [i.e. Code of Civil Procedure, part 4, title 4, chap. 13, Art. 1 consisting of sections 2030.010 to 2030.090] and specifically cites Section 2030.090(d). The series of statutes cited by Champ describe only the general rules for propounding written interrogatories. And Section 2030.090(d) provid...

Excerpt: ...5 Cal.4th543, 590; Steed v. Department of Consumer Affairs (2012) 204 Cal.App.4th 112, 120‐121.) In this personal injury action, Plaintiff Domenica Manley alleges that she was harmed as a result of the negligent performance by Defendant Gonik of a robotic assisted laparoscopy with resection of a right pelvic sidewall mass and nerve sheath tumor. (Compl. para. 18.) Plaintiff also alleges that Dr. Gonik also was negligent in failing to intra‐op...

Excerpt: ...the Court shall conduct a final approval hearing to inquire into the fairness of the proposed settlement. (Cal. R. C.t 3.769(g).) A presumption of fairness exists where: (1) the settlement is reached through arm'slength bargaining; (2) investigation and discovery are sufficient to allow counsel and the court to act intelligently; (3) counsel is experienced in similar litigation; and (4) the percentage of objectors is small. (Newberg & Conte, Newb...

Excerpt: ...Council 16 Internat. Union of Painters & Allied Trades (2015) 234 Cal.App.4th 524, 535.) However, the Court notes that the governmental suggestion form subject to the request states that it was revised “10/2019,” and consists of at least two pages with instructions on the back and attached program rules on another page. Shah alleges he submitted the suggestions at issue in the SAC in 2006 and 2007, and the other referenced pages are not provi...

Excerpt: ...ed to serve as equal shareholders, co‐officers, and co‐directors with Jahnsen and Gregorio Candelario each receiving approximately half of the annual net profits. Plaintiff alleges that Defendant Gregorio Candelario was the Chief Financial Officer of the company and therefore was primarily charged with maintaining the company's books and records, preparing tax returns, and other fiduciary duties. According to Plaintiff, “[s]tarting in appro...

Excerpt: ...t request for reasonable expenses including attorney's fees pursuant to Code of Civil Procedure section 1987.2(a) against plaintiff and cross‐defendant George S. Batchelor (“Batchelor”) and his counsel in the amount of $3,060 (or $7,200) is DENIED. Theis' concurrent request for a protective order prohibiting the production of private personal and financial information contained in the subpoenaed records is DENIED. Batchelor's defensive requ...

Excerpt: ...sing him of engaging in illegal acts. The First Amended Complaint (“FAC”) alleged a single cause of action for slander per se. Defendant filed a special motion to strike the FAC, which the Court granted on December 9, 2020. A formal order granting the motion was entered on December 21, 2020. Defendant now moves to recover $31,276.17 in attorneys' fees and costs under Code of Civil Procedure (“CCP”) section 425.16, subdivision (c). Discuss...

Excerpt: ...ary adjudication on January 13, 2021. Among the exhibits filed in support of the motion are two documents which Defendant argues are, by their terms and the commitment of the parties, confidential. Defendant moves to file under seal (1) the Flow Subservicing Agreement between Bank of America National Association, Servicer and Bayview Loan Servicing, LLC, Subservicer, dated August 1, 2012 (“the Subservicing Agreement”); and (2) the settlement ...

Excerpt: ...er Code of Civil Procedure section 526a to Prevent Illegal Expenditure of Funds”; third cause of action for “Violations of California Constitution, Article I, Section 7‐EQUAL PROTECTION”; fourth cause of action for “Violation of United States Constitution, Amendment 14‐EQUAL PROTECTION"; and fifth cause of action for “Breach of Statutory/Mandatory Duties” in Plaintiff Susan Lea's first amended complaint (“FAC”). The demurrer i...

Excerpt: ... notice is granted. This litigation arises from a real estate purchase and sale agreement for the purchase of an apartment building in Sacramento. Cross‐Complainant Howe Manor, Inc., as seller, alleges in its cross‐complaint causes of action for (1) breach of contract, (2) breach of implied covenant of good faith and fair dealing, and (3) violation of Business & Professions Code § 17200. Cross‐Complainant alleges Cross‐Defendant engaged ...

Excerpt: ...under Business & Professions Code § 17200, et seq. Defendant specifically demurs to the complaint on the following grounds: (1) the first cause of action for legal malpractice fails to state facts sufficient to constitute a cause of action because Plaintiffs have not filed within the statute of limitations; (2) the second cause of action for negligence fails to state facts sufficient to constitute a cause of action because Plaintiffs have not fi...

Excerpt: ... the time of the request which of moving defendants' 30 Undisputed Material Facts, plaintiff's 29 Additional Material Facts and/or which of the parties' respective objections to evidence will be addressed at the hearing. The parties should be prepared to point to specific admissible evidence already in the record which is claimed to show the existence or nonexistence of a triable issue of material fact. *** To the extent Defendants' motion actual...

Excerpt: ...es (Set One). After oral argument, the court ordered CDCR to serve verified written responses, without objections, by no later than December 30, 2020. (ROA 31.) As relevant background, CDCR obtained several extensions to respond to the discovery due to: (1) the retirement of the key CDCR contact in June 2020; (2) lack of access to documents and availability of CDCR staff to assist in the completion of said responses because of the unprecedented C...

Excerpt: ...d the complaint on October 13, 2018, alleging causes of action for (1) Uniform Controlled Substances Abatement Act, Health & Safety Code § 11570, et seq.; (2) public nuisance, Civil Code §§ 3479, 3480; (3) social nuisance, Sacramento City Code Chapter § 8.08.080; and (4) unlawful cultivation of cannabis, Sacramento City Code Chapter § 8.132. (ROA 1.) On December 1, 2020, Plaintiffs dismissed the second and third causes of action. (ROA 60.) P...

Excerpt: ...endant was served with the summons and complaint via personal service on April 19, 2017. (See ROA 108.) The address for service was 6533 Melrose Drive, North Highlands, California 95660. (See id.) Service was effectuated by a registered process server. (See id.) Defendant Molina's default was entered on September 25, 2020. (See ROA 133.) In support of the instant motion, Defendant filed a declaration stating he was never served with any document ...

Excerpt: ... which was extended to defendant. The proof of service filed on 11/25/2019 indicates the summons & complaint were personally served on defendant at a residence located in Elk Grove on 11/20/2019 at 4:20 p.m. A default was subsequently entered against defendant on 2/5/2020, followed by a default judgment of just over $5,500. Moving Papers. Defendant now moves to set aside the default and default judgment on the ground that she was never personally...

Excerpt: ...icient to support Plaintiff's prayer for punitive damages and/or attorney's fees. Legal Standard A motion to strike challenges portions of a complaint that are substantively defective on the face of the complaint. (PH II, Inc. v. Superior Court (1995) 33 Cal.App.4th 1680, 1682‐1683; see also Code Civ. Proc. § 437.) The Court does not consider extrinsic evidence in considering the motion. More specifically, a motion to strike should be granted ...

Excerpt: ... contact opposing counsel forthwith and advise counsel of Local Rule 1.06 and the Court's tentative ruling procedure. If One Call's counsel is unable to contact opposing counsel prior to the hearing, One Call's counsel shall be available at the hearing, by CourtCall or 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). One ...

Excerpt: ...Defendant Lonnie Dewitt's demurrer to Plaintiff Alexsei Lukianov's first amended complaint (“FAC”) is ruled upon as follows. Overview This is an action between a former couple in which Plaintiff alleges that Defendant failed to disclose his HIV‐positive status and infected Plaintiff through unprotected sexual activities. Plaintiff is a resident of Russia. Defendant is alleged to be at all relevant times a resident of Sacramento County. Plai...

Excerpt: ...lleges a cause of action for whistleblower retaliation under Labor Code § 1102.5. As seen from the parties' requests for judicial notice, Plaintiff previously filed an unfair practice charge with the California Public Relations Board (“PERB”) in July 2019 alleging that he was “retaliated against for engaging in protected activities” in violation of Government Code § 3543 (Educational Employment Relations Act [“EERA”]). (Def. RJN Exh...

Excerpt: ... with Poelman to build the Inn. Poelman subcontracted with Defendant/CrossComplainant/Cross‐Defendant DTS Mechanical, Inc. (“DTS”), an HVAC installation contractor. DTS installed a Daikin VRV‐II system (“VRV‐II” or “HVAC System”) that was supplied by Defendant/Cross‐Defendant Norman S. Wright Mechanical Equipment Corp. (“NSW”), an agent and/or authorized representative of Defendants/Cross‐Defendants Daikin North America,...

Excerpt: ...ocess of selling the company's assets. They allege that the relied on Defendants InterWest Insurance Services, LLC, Mike McStocker, and Marie Lavana, their insurance brokers, to obtain ongoing Directors & Officers insurance coverage after the sale of the company's assets. Plaintiffs allege that they believed that they were obtaining six years of “runoff coverage” to cover them for approximately six years of acts they would take in winding dow...

Excerpt: ... action for premises liability and negligence in connection with injuries he allegedly suffered when he fell inside a Food Source store in Sacramento in May 2017. Plaintiff alleges in his Judicial Council form complaint that he “slipped and fell on a[] liquid substance, believed to have been a raw egg, that presented a dangerous condition.” (Comp. ¶ Prem. L‐1.) He alleges that Defendants “breached their duty to plaintiff by failing to ad...

Excerpt: ...ter Douglas Fabrication Co. (“HDFC”) and Hunter Douglas, Inc.'s (“HDI”) (collectively “Defendants”) motion to quash amended subpoena for personal appearance of Isha Aguirre (“Aguirre”) and production of documents, or in the alternative, request for protective order is ruled upon as follows. I. Overview This is a FEHA employment action. Plaintiff alleges that Defendants retaliated and discriminated against her because she had taken...

Excerpt: ...16, 2018 (“SAC”; ROA #56) in its entirety. Alternatively, the Motion requests the court to strike all or portions of paragraphs 5, 9‐20, 27, 30, 32‐34 from the SAC, on the grounds that they allege irrelevant, false, or improper matter. The Motion also includes a request for sanctions pursuant to Code of Civil Procedure § 128.5(a) for “actions or tactics, made in bad faith, that are frivolous or solely intended to cause unnecessary dela...

Excerpt: ...tal disclosure indicated that “Mr. Kayfetz is an expert in the fields of visibility studies, comparison photogrammetry, and computer virtual reality simulations.” (Krieger Decl. ¶ 2, Exh. A.) According to Lyft, Mr. Kafyfetz has been designated to testify on a subject for which Alford and Dunivin already designated an expert and/or to testify on a subject not raised by any other party which it contends violates CCP § 2034.280. CCP § 2034.26...

Excerpt: ...nded complaint removing the declaratory relief cause of action. The first amended complaint sets forth a single cause of action for penalties pursuant to PAGA based on numerous alleged Labor Code violations. Defendant moves to compel arbitration pursuant to an arbitration provision contained in the “Twitch Affiliate Agreement” that Plaintiff was required to accept to become a broadcaster or “streamer” on Twitch. The provision provides tha...

Excerpt: ...endent medical examination (“IME”). According to Defendants, they have sought the IMEs for over a year and Plaintiffs have failed to cooperate and between the two of them have failed to show for four properly notices IMEs. “If a defendant who has demanded a physical examination under this article, on receipt of the plaintiff's response to that demand, deems…any refusal to submit to the physical examination is unwarranted, that defendant m...

Excerpt: ...y Zoom audio, if available (see bolded language above), to participate in oral argument on the continuance date. Defendant Secretary of State of California's (“Defendant”) motion to expunge lis pendens is GRANTED. Defendant moves pursuant to CCP § 405.30 to expunge the Notice of Lis Pendens recorded in the office of the Recorder of Kern County, California, Document Number 220124692 field on or about September 8, 2020 (the “Notice of Lis Pe...

Excerpt: ...ot represent itself. It must represent through an attorney. Therefore, the motion as to Viva Management Corporation is dropped without prejudice. Caressa Camille, Inc. v Alcoholic Beverage Control Appeals Bd. (2002) 99 Cal.App.4th 1094, 1101;Merco Construction Engineers, Inc. v Municipal Court (1978) 21 Cal.3d 724, 731. On October 14, 2020 plaintiff filed a Complaint alleging causes of action for breach of contract, breach of oral contract, breac...

Excerpt: ...s (“Mr. Bolanos”) held title to the Property as joint tenants. Mr. Bolanos subsequently transferred his interest in the Property to Defendant. Plaintiff filed this action on June 9, 2020 alleging financial elder abuse, among other things. The Verified First Amended Complaint alleges causes of action for: 1) financial elder abuse, 2) partition, 3) judicial foreclosure, 4) theft by false pretenses, and 5) undue influence fraud. Plaintiff prays ...

Excerpt: ...participate in oral argument on the continuance date. Defendant Kenneth Rosenfeld's Demurrer to the Amended Complaint is sustained with leave to amend for failure to state facts sufficient to constitute a cause of action. Defendant's Request for Judicial Notice is granted. Plaintiff alleges causes of action for professional negligence, breach of contract, and breach of fiduciary duty arising out of defendant's representation of plaintiff as a cou...

Excerpt: ...he Court's CCMS system allows the public to access and view all pleadings and documents once they are filed unless the Court orders otherwise and thus, it is imperative for counsel to appropriately redact all pleadings and documents before filing. If plaintiffs' now desire to shield this information from the public, they shall promptly file and serve an appropriate noticed motion to seal pursuant to CRC Rule 2.550 et seq. and lodge (not file) wit...

Excerpt: ...0 Plaintiff served notices of depositions for the Witnesses. (Padova Decl., ¶ 2.) After determining counsel was unavailable on the dates noticed, Defendant served an objection to the depositions, which included an offer to meet and confer. (Id. at ¶¶ 2‐3.) On October 26, 2020, Plaintiff contacted Defendant's counsel via email to request dates of availability for the witnesses (Id. at ¶ 4.) Defendant's counsel responded with an email directi...

Excerpt: ...ation (“CDCR”) alleges she was sexually harassed by Defendant Christopher Lewis (“Defendant Lewis”), another employee of CDCR. (See complaint). Pursuant to Code of Civ. Proc. § 1043, Plaintiff seeks discovery of various peace or custodial officer personnel records. Specifically, Plaintiff seeks to compel responses to Requests for Production (“RFP”), Set One, Nos. 8, 12, 25‐26, 29‐45, and 47; RFP, Set Two, Nos. 55‐66 and 74‐77...

Excerpt: ...��) is GRANTED in part and DENIED in part. Factual Background Gio Fitness is a business with its principal place of business in Placer County. Plaintiff Pat Accettura is Gio Fitness' sole member. Vanir Group and Vanir Development are real property developers. Ms. Dominguez is the Chairwoman and Chief Executive Officer of Vanir Group. Gio Fitness and Vanir Group formed a limited liability company Lincoln Gateway Ventures, LLC, (“Lincoln”) that...

Excerpt: ...ual Background This action arises from a motor vehicle accident occurring at an intersection in Sacramento on 1/24/2019. Plaintiff asserts that the collision was caused at least in part by a “construction sign” which “obscured traffic near the intersection” and he did not discover the sign was owned by SMUD until 11/16/2020. In order to hold SMUD, a public entity, accountable, plaintiff now moves pursuant to Government Code §946.6 for re...

Excerpt: ... 5/19/2015 death of Reverend Amaziah Altraide (“Decedent”) whose prostate cancer had been treated with Lupron, Effexor and “radioactive gold seeds.” On 3/21/2016 plaintiff Stella sent a letter to Kaiser Permanente's Legal Department expressing her intent to bring a lawsuit for “medical malpractice” and “lack of informed consent” related to Decedent's medical treatment and death in Nigeria. An initial lawsuit was filed on 5/15/2017...

Excerpt: ... Plaintiffs are Sutter patients and they generally allege they have sent and received electronic communications with Sutter via its website, sutterhealth.org, which provides patients with multiple options to sign‐in to the Patient Portal, search for a doctor, pay a bill, or exchange communications relating to their medical condition. It is claimed that when a person uses the website, Sutter discloses certain information about such use to Facebo...

Excerpt: ...1535.) “Courts engage in a two‐step process to resolve anti‐SLAPP motions. ‘First, the court decides whether the defendant has made a threshold showing that the challenged cause of action is one arising from protected activity. The moving defendant's burden is to demonstrate that the act or acts of which the plaintiff complains were taken “in furtherance of the [defendant]'s right of petition or free speech under the United States or Ca...

Excerpt: ... operative complaint purports to assert claims for disability discrimination, failure to accommodate, retaliation, wrongful termination, unfair business practices and “waiting time penalties” under Labor Code §201 and §203. Moving Papers. According to Defendants, plaintiff applied for employment with JSFA in 2014 and signed a valid, enforceable agreement to arbitrate any and all claims arising out of his employment including those for discr...

Excerpt: ... in Plaintiff's memorandum of points and authorities, and the proposed right to attach order. Despite these deficiencies, Defendant filed an opposition to the merits of the Application. Defendant did not object to defective notice. By opposing the Application on the merits, Defendant waived the deficiencies regarding notice. Moreover, it is clear from the opposition that Defendant understands that Plaintiff seeks to attach $326,936.33. Overview I...

Excerpt: ...econd cause of action for violation of Business & Professions Code section 17200, et seq., and against Defendants' Affirmative Defense Nos. 15, 32‐34, and 38. As such, Plaintiffs cite to seven issues for summary adjudication. The motion 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. Plaintiff is directed to contact defense counsel and advise them of Lo...

Excerpt: ...rdered to notify Plaintiff immediately of the tentative ruling system and to be available at the hearing, via Zoom or CourtCall, in the event Plaintiff appears without following the procedures set forth in Local Rule 1.06 (B). Defendant's request for judicial notice is granted. The Court does not accept the truth of any facts within the judicially noticed documents except to the extent such facts are beyond reasonable dispute. (See Poseidon Devel...

Excerpt: ...ehalf of a class of similarly situated individuals. Plaintiff's claims are based on defendants Cardinal Health Pharmacy Services, LLC and Cardinal Health, Inc.'s (collectively, “Defendants”) purported failure to pay overtime wages, failure to provide meal and rest periods, failure to provide accurate wage statements, failure to pay final wages, and violation of unfair business practices. Plaintiff further alleged Defendants' policies and prac...

Excerpt: ...ligence and therefore fails to state a cause of action under Code of Civil Procedure section 430.10(e). Defendant's request for judicial notice of the complaint is granted. In this landlord‐tenant action, Plaintiffs allege the following causes of action: (1) negligence, (2) breach of the implied warranty of habitability, (3) negligent maintenance of premises, (4) maintenance of a nuisance, (5) unlawful business practices, and (6) wrongful evict...

Excerpt: ...in the alternative summary adjudication, as to Plaintiff Barbara Young (“Plaintiff's) first amended complaint is ruled on as follows: Defendant's objections nos. 8, 9, 13, 15, 21, 23, 28‐35 are overruled. However, the Court notes overruling the objections, it does not accept the truth of any conclusions made by Plaintiff and accepts only those facts supported by the evidence provided. Defendant's objection no. 38 to the screenshot of a job de...

Excerpt: ...commenced on 3/14/2018 by plaintiffs Digital Tactics, Inc. ("DTI"), Terra/ERI, and Michael Newsom (collectively "Plaintiffs") as against defendants Steven Sprague, EnergySquad.org, Inc., Viruk Tungpagasit, ESH, and Duane Sprague (collectively "Defendants"). In June of 2018, Plaintiffs filed a First Amended Complaint ("FAC") which purports to assert causes of action for misrepresentation, breach of contract, breach of operating agreement, breach o...

Excerpt: ...t for Production of Documents, Set One, from Plaintiffs Jeff Harris and Teresa Harris are ruled upon as follows. This is an elder abuse action. This matter arises from the admission of decedent Eva Harris at Mission Carmichael, a skilled nursing facility, from June 20, 2018 to June 28, 2018. Plaintiffs allege that while at Mission Carmichael, Ms. Harris developed a fecal impaction resulting in acute renal failure and metabolic acidosis which ulti...

Excerpt: ...te motions but the parties briefed the opposition and reply briefs for both motions together. As such, the Court considers the motions together. The notice of motion does not provide notice of the Court's tentative ruling system as required by Local Rule 1.06(D). Plaintiff is ordered to notify Defendant immediately of the tentative ruling system and to be available at the hearing, via Zoom or CourtCall, in the event Defendant appears without foll...

Excerpt: ...their Special Interrogatories, set two ("SIs"), is granted as follows. Background The Court incorporates by reference herein the background from its concurrent ruling on Plaintiffs' Motion to Compel Further Responses to its Requests for Production of Documents, set two (“RFPs”). In addition to the RFPs, Plaintiffs propounded SIs to Van Son on September 17, 2020, related to Mr. Bendowski's testimony in the Lopez trial. (SIs, attached as Ex. F ...

Excerpt: ...admissions to Defendant Rafael Quezada were deemed admitted on March 5, 2020. When the moving party is the plaintiff, there is only one ground for a motion for judgment on the pleadings: "the complaint states facts sufficient to constitute a cause or causes of action against the defendant and the answer does not state facts sufficient to constitute a defense to the complaint." (C.C.P. 438(c)(1)(A).) The grounds for the motion shall appear on the ...

Excerpt: ... v. H.A.S. Ins. Brokerage (1986) 184 Cal.App.3d 369, 374.) The Court did not consider Plaintiff's declaration submitted with the opposition. The Court cannot consider extrinsic evidence on demurrer. A demurrer “tests the pleadings alone and not the evidence or other extrinsic matters.” (SKF Farms v. Superior Court (1984) 153 Cal.App.3d 902, 905.) Extrinsic evidence may not properly be considered on demurrer. (Ion Equipment Corp. v. Nelson (19...

Excerpt: ...iagnosed with Chronic Myelogenic Leukemia (“CML”) in 2000. He alleges that the defendants' products caused his disease. Mr. Villanueva's wife, Plaintiff Seanne Villanueva, alleges a cause of action for loss of consortium. Nineteen other Defendants filed joinders seeking to join the instant motion. Those joinders (including the joinders in Defendants' reply papers) are granted except as to Defendant Desoto Sales, Inc. Desoto Sales, Inc.'s join...

Excerpt: ...uire Posting of Security is GRANTED as follows. Defendant's request for judicial notice is granted. The Court notes it did not consider the filings submitted by Plaintiff on December 17, 2020, and December 28, 2020, as Plaintiff did not have leave of court to submit supplemental briefing on the motion. A. Background Plaintiff, in pro per, is an inmate currently incarcerated at Corcoran State Prison. Plaintiff's form complaint states that he sues ...

Excerpt: ...�AML”) application for writ of attachment against Pierce (“Application”). (ROA 49.) On 1/31/2020, the court issued the right to attach order and writ of attachment (“RTAO/WA”). (ROA 55.) On 2/27/2020, the court issued the writ of execution. (ROA 56.) The Application sought to attach, and RTAO/WA and writ of execution attached: “All real property, accounts receivable, chattel paper, and general intangibles arising out of the conduct of...

Excerpt: ... of Citrus Heights (“City”). The Citrus Heights Code Enforcement issued a red tag on the property which is a 2392 sq. ft. single family residence on a 1.06 acre lot (“Property”). The CHCE deemed the Property “unsafe to occupy.” On 6/2/2020, the court appointed Eric P. Beatty as the Receiver (“Receiver”) to “duly correct all of the existing violations now existing upon the Subject Property and to see to it that the violations do ...

Excerpt: ...hristian School starting when plaintiff was a 16 year old sophomore at the school. Plaintiff alleges that Lombardi exploited Plaintiff's vulnerability and confidence, and after gaining trust and control over Plaintiff, seduced him into an unlawful and harmful sexual relationship, including, but not limited to, sexual intercourse. Plaintiff alleges Capital failed to supervise Lombardi. Plaintiff alleges causes of action against Capital for Neglige...

Excerpt: ...'s request for judicial notice is granted. Defendant demurrers on two grounds: (1) the FAC fails to comply with the Government Claims Act and all claims are barred under Government Code section 900, et seq., and (2) the FAC fails to plead exhaustion of administrative remedies under Title 15 of the California Code of Regulations. Plaintiff alleges two causes of action against Dr. Arya, one for negligence and the other for intentional infliction of...

Excerpt: ...hat the Class Notice be sent to Class Members in the manner set forth in the Agreement; (3) Schedule a hearing on final approval of the proposed Settlement and Plaintiff's counsel's application for an award of attorney's fees and litigation costs. Plaintiff worked as a barista at a Dutch Brother's coffee kiosk owned by defendant. Plaintiff alleges the following causes of action on a class or representative basis: (1) Failure to Provide Rest Break...

Excerpt: ...rs of receiving it. The Litigation Coordinator shall make Plaintiff available, by COURTCALL, at 9:00 a.m. on the date of the continued hearing date, which will be February 24, 2021 to participate in oral argument. The continuance date will always be an appearance required hearing so that Plaintiff need not request oral argument. Plaintiff Gregory Taylor's (“Plaintiff”) “Motion for Relief from the First Amended Complaint” (Register of Acti...

Excerpt: ...of the accident and that there is no evidence to support Plaintiffs claim. UMF Nos. 1‐5 in support of the motion state that on November 30, 2017, defendant was involved in a rear‐end auto accident on northbound State Route 99 near the Sheldon Road exit in Sacramento. She was driving a 2005 GMC Yukon and rearended Ireana Price, who was driving a 2001 Ford Expedition. The accident took place around 8:30 a.m. She did not consume any alcohol on t...

Excerpt: ...(“Essentia”) filed an Opposition. (ROA 260.) This ruling addresses SMUD's MSJ as opposed by Essentia. Essentia also filed a Joinder (ROA 261) stating “Plaintiff ESSENTIA INSURANCE COMPANY A/S/O JOHN W. COX hereby incorporates by reference the Opposition of Plaintiff FEDERAL INSURANCE COMPANY'S and the Opposition of Plaintiff TRAVELERS INDEMNITY COMPANY OF CONNECTICUT'S including all memorandum of points and authorities, declarations, exhibi...

Excerpt: ...Zoom audio, if available (see bolded language above), to participate in oral argument on the continuance date. Defendant Secretary of State of California's (“Defendant”) motion to expunge lis pendens is GRANTED. Defendant moves pursuant to CCP § 405.30 to expunge the Notice of Lis Pendens recorded in the office of the Recorder of Kern County, California, Document Number 220124692 field on or about September 8, 2020 (the “Notice of Lis Pend...

Excerpt: ...alership including warranty claims and negligent repair, in connection with his purchase of a 2015 Jeep Grand Cherokee. On November 17, 2020, FCA's Motion to Compel Arbitration was denied on the basis that FCA had waived the right to arbitrate (See Minute Order, Department 53, November 17, 2020) The Court did not address plaintiff's other arguments as to why the case should not go to arbitration such as that the contract is subject to rescission ...

Excerpt: ...the Subject Vehicle's Theta II Engine that can result in catastrophic engine failure/seizure, stalling while in operation, and engine fire. On December 26, 2019, Defendant produced approximately 1.7 million pages of documents in this matter. This document production consisted of all documents turned over by Defendant to National Highway Transportation Safety Administration (NHTSA) in response to NHTSA's investigation Recall Query 17‐003 ("RQ 17...

Excerpt: ... On January 28, 2021, Plaintiff filed a supplemental declaration attesting to meet and confer efforts of counsel to obtain the documents. Defendant did not submit a supplemental declaration or other pleading. According to Plaintiff, all efforts to meet and confer were unsuccessful and, beyond that, Defendant declined to produce individuals whose depositions had been set for January to who might have aided in the designation, classification, and p...

Excerpt: ...omitted) While courts take judicial notice of public records, they do not take notice of the truth of matters stated therein. (citation omitted) ‘When judicial notice is taken of a document, … the truthfulness and proper interpretation of the document are disputable.' (StorMedia Inc. v Superior Court (1999) 20 Cal.4th 448, 457, fn 9.” Herrera v Deutsche Bank National Trust Co. (2011) 196 Cal.App.4th 1366, 1375. The underlying dispute arose ...

Excerpt: ...actually given any discount. Plaintiff alleges that Defendant “lures and entices shoppers to enter its stores and shop by displaying a false and misleading ‘20% OFF' sign, causing customers to believe all merchandise in the store is 20% off; when in reality, only some of its merchandise is 20% off; and further by placing 20% off standing signs on store shelves above merchandise that is being sold at full price.” (Compl. ¶ 1.) Plaintiff all...

Excerpt: ...ning documents, which she understood were subject to the laws of the State of California set forth in the Davis‐Stirling Common Interest Development Act ("Davis‐Stirling") and California's Civil and Corporations Code. Upon receiving the governing documents, Hemer read and reviewed each of them to familiarize herself with her rights and obligations and to gain an understanding of HOA's rights and obligations. Plaintiff contends HOA was require...

Excerpt: ...ction 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. *** Moving counsel failed to comply with CRC Rule 3.1110(b)(3)‐(4). Factual Background This action arises out of plaintiffs Felina and Percival Roque's $500,000 investment in a cannabis cultivation business. Plaintiffs generally allege that the various named defendants ...

Excerpt: ...“Simply because information is on the Internet does not mean that it is not reasonably subject to dispute.” (Huitt v. Southern California Gas Co. (2010) 188 Cal.App.4th 1586, 1605, fn. 10.) The remainder of Defendant's request for judicial notice is granted. "[A] court may take judicial notice of the fact of a document's recordation, the date the document was recorded and executed, the parties to the transaction reflected in the recorded docu...

Excerpt: ... Factual Background This suit was commenced by plaintiff on 7/16/2020 as a representative action for civil penalties under the Labor Code's PAGA, asserting various wage‐and‐hour claims based on several different provisions of the Labor Code. On 9/15/2020 plaintiff filed a First Amended Complaint (“1AC”) which purports to add to the existing representative claims under the PAGA several new claims on behalf of a putative class of employees,...

Excerpt: ...ct a final approval hearing to inquire into the fairness of the proposed settlement. (Cal. R. C.t 3.769(g).) A presumption of fairness exists where: (1) the settlement is reached through arm'slength bargaining; (2) investigation and discovery are sufficient to allow counsel and the court to act intelligently; (3) counsel is experienced in similar litigation; and (4) the percentage of objectors is small. (Newberg & Conte, Newberg on Class Actions,...

Excerpt: ...d by Code of Civil Procedure §1290.2, which specifies that a petition relating to arbitration “shall be heard in a summary way in the manner and upon the notice provided by law for the making and hearing of motions” (i.e., Code Civ. Proc. §1005(b)), keeping in mind that 1/18/2021 (Martin Luther King, Jr. Day) was a court holiday. (Code Civ. Proc. §12c; Barefield v. Washington Mutual Bank (2006) 136 Cal.App.4th 299, 303.) Ordinarily, such d...

Excerpt: ...t's "surreply." There is no provision in the Code of Civil Procedure allowing for such a filing. An improperly filed surreply brief may be disregarded by the Court. (City of Arcadia v. State Water Res. Control Bd., (2010) 191 Cal.App.4th 156, 180, as modified on denial of reh'g (Jan. 20, 2011).) The Court need not repeat the factual and procedural background for this motion, which is set forth in full the Court's ruling on item 2 on today's calen...

Excerpt: ... December 1, 2021 (ROA #76.) A copy of the proposed amended pleading is attached to the Motion as Exhibit A. The Motion describes 18 additions, deletions or other alterations, and is supported by the declaration of Plaintiffs' attorney Stratton S. Barbee (“Barbee Dec.”) explaining that the amendments are not based on new facts, and that the effect of the amendment is to set forth the facts supporting the complaint in a more clear and organize...

Excerpt: ... of Civil Procedure section 2032. Plaintiff opposes the motion and requests $2,492.50 in sanctions. The motion 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). Defendants are ordered to notify Plaintiff immediately of the tentative ruling system and to be available at the hearing, via Zoom or CourtCall, in the event Plaintiff appears without following th...

Excerpt: ...ws. Defendants' request for judicial notice of a discovery referee order in another case, Rios v. Plum Healthcare Group, LLC; Daisy Holdings, LLC dba Pine Creek Care Center, Sacramento County Superior Court Case No. 34‐2018‐ 00244263 is DENIED. Even if the Court were to take judicial notice of the document, it would be to notice the existence of the document and not the truth of the contents therein. In this alleged elder abuse action, Plaint...

Excerpt: ...Court shall conduct a final approval hearing to inquire into the fairness of the proposed settlement. (Cal. R. Ct. 3.769(g).) A presumption of fairness exists where: (1) the settlement is reached through arm'slength bargaining; (2) investigation and discovery are sufficient to allow counsel and the court to act intelligently; (3) counsel is experienced in similar litigation; and (4) the percentage of objectors is small. (Newberg & Conte, Newberg ...

Excerpt: ...1/20/2019, Defendants served CCP §998 Offer in the amount of $156,001. Plaintiffs accepted the offer which included a full statutory “buy‐ back” of the vehicle, as well as other damages and penalties. Pursuant to Civ. Code §1790(d), Plaintiffs seek attorneys' fees under the “lodestar” method in the amount of $12,937.50, a “lodestar” enhancement of 0.5, in the amount of $6,468.75, for a total of $19,406.25 as the attorneys' fees, a...

Excerpt: ...tion to Interplead Penal Amount of Contractor's State License Bond And Bond Of Qualifying Individual. AIC alleges that it issued, “as surety, on behalf of James Peterson Industries, Inc. dba Solar 4 America (“PII”), as principal, a certain California Contractor's State License Bond No. SUR0022726 in the penal sum of Fifteen Thousand Dollars and No Cents ($15,000.00), pursuant to Business and Professions Code Sections 7071.5 ‐ 7071.11, eff...

Excerpt: ...uthorities” (“FAC MPAs”). The JC Form is merely the initial first three pages of the JC Form with no attachments that include the charging allegations. With respect to the paragraph 9 of the JC Form related to compliance with the claims statute, Plaintiff checked the box that he was excused from complying because “Plaintiff attempted to exhaust administrative remedies and was denied by prison officials when they failed to return the appea...

Excerpt: ...d numerous provisions of the Labor Code including §§ 201‐204, 218.5, 221, 226(a), 226.7, and more. Plaintiff alleges that Defendant failed to pay all meal and rest break wages, failed to properly calculate minimum and overtime wages, failed to provide compliant wage statements, failed to pay all wages due, caused employees to work seven consecutive days per week and failed to reimburse necessary business expenses. Defendant demurs to the comp...

Excerpt: ...rovisions of the Labor Code. The original complaint was filed on November 5, 2018 by Plaintiff Daniel Orosz, who is no longer a part of the action. Plaintiff Holly McElroen was added as a plaintiff on August 5, 2019. Plaintiffs Carla Gerling and Larrecia Edwards were added to the SAC on September 4, 2020. It is alleged that Plaintiff Orosz served a notice to the Labor and Workforce Development Agency (“LWDA”) pursuant to Labor Code § 2699.3 ...

Excerpt: ...as well as for an award of $3,648 in attorney fees and $435 in costs, is ruled upon as follows. The notice of motion does not provide notice of the Court's tentative ruling system, as required by Local Rule 1.06. Moving counsel is directed to contact opposing parties 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 counse...

Excerpt: ...b). This is Plaintiff's third attempt to reopen discovery. Plaintiff's first motion to reopen discovery was heard and denied on June 17, 2020. Plaintiff then moved to vacate that order pursuant to Code of Civil Procedure § 663, which the Court construed as a motion for reconsideration and denied on September 24, 2020. (ROA 416.) Plaintiff once again moves to vacate the Court's June 17, 2020, Order, but this time pursuant to Code of Civil Procedu...

Excerpt: ... of documents (set one) is ruled upon as follows. Plaintiff QBE alleges that its insured, Tara Goleno (“Goleno”), hired a contractor to remodel the kitchen in her home. As part of the remodeling job, the contractor installed a new dishwasher which connected and attached a Watts dishwasher adapter fitting to the new dishwasher. QBE alleges that on 12/14/2018, water loss from Watt's dishwasher adapter fitting caused water damage to the home and...

Excerpt: ...** Plaintiff Christopher Daneri's (“Plaintiff”) motion to compel further discovery responses from Specially Appearing Defendant LG Chem America Inc. (“LGCAI”) regarding jurisdictional discovery responses (set three), and to compel jurisdictional deposition is ruled upon as follows. LGCAI has a pending motion to quash service of summons and complaint due to lack of jurisdiction. The court has continued the motion a number of times to allow...

Excerpt: ...seq. (Private Attorneys General Act of 2004 [“PAGA”].) Plaintiffs allege that Defendant has violated numerous provisions of the Labor Code. The original complaint was filed on November 5, 2018 by Plaintiff Daniel Orosz, who is no longer a part of the action. Plaintiff Holly McElroen was added as a plaintiff on August 5, 2019. Plaintiffs Carla Gerling and Larrecia Edwards were added to the SAC on September 4, 2020. Motions to strike are disfav...

Excerpt: ...equest for judicial notice of documents in the Court's file 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]hi...

Excerpt: ...quest for judicial notice of the Cross‐Complaint and First Amended CrossComplaint filed by Catalyst in this action is granted. At the outset, this motion also seeks multiple forms of relief regarding two separate forms of written discovery (special interrogatories and requests for production), each of which contemplates a separate motion. Instead of filing separate motions as to each separate form of discovery, which is preferred by the Court, ...

Excerpt: ...e mailing by the TPA of the letter to the class from Plaintiff's counsel; and (3) produce the documents to the TPA in the form requested by a date certain is GRANTED as follows. This class action asserts various causes of action against First American relating to alleged underpaid repair claims by applying improper depreciation. Due to her illness, Plaintiff is no longer able to serve as class representative and sought, by way of document request...

Excerpt: ...e heard on October 13, 2020. On that date, the Court denied the motion without prejudice for lack of proper notice because the separate statement and supporting declaration of Natalie L. Winslow were not field until September 29, 2020, which was only two weeks prior to the hearing. The Court found that Plaintiff may file an Amended Notice of Hearing rather than filing a new motion, after obtaining a new reservation date for the motion. (ROA 171.)...

Excerpt: ... 15, 2019. On October 15, 2019, defendants requested a continuance of the motions to January 31, 2020, upon the ground that the plaintiff's counsel requested additional time to complete depositions prior to filing an opposition, and that all parties agreed to the continuance. The motions for summary judgment and concurrent motion to seal exhibits were continued accordingly. On January 8, 2020, defendants' counsel again requested a continuance of ...

Excerpt: ...cluding benzene, acetone and hydrofluoric acid during her employment at California Professional Firefighters and Firefighters Print and Design (collectively “CPF”) between 1986 and July of 2019. Plaintiffs allege that products containing benzene, acetone and hydrofluoric acid were a causal factor of her illness. Seanne alleges that she was exposed to K.Wilson's products, which she alleges are benzene‐containing petroleum hydrocarbon solvent...

Excerpt: ...on behalf of all hourly or non‐exempt employees who worked for defendant Mel Dawson, Inc. dba Dawson Oil Company (“Defendant”) within California between March 5, 2016, through December 31, 2020. On December 11, 2020, Plaintiff filed his First Amended Complaint (“FAC”), which added a claim for civil penalties under the Private Attorney General Act (“PAGA”). Plaintiff alleges Defendant failed to pay minimum and overtime wages, failed ...

Excerpt: ...truction, and maintenance throughout California. (Melmed Decl. ¶ 5.) Plaintiff was employed by Defendants during the Class Period. (Melmed Decl. ¶ 6; Garcia Decl. ¶ 4.) The Class Period is defined as “September 15, 2016, through March 23, 2021, or the date of first preliminary approval hearing, whichever occurs first.” (Stipulated Settlement Agreement and Release of Claims (the “Settlement Agreement”) ¶ A.5.) Plaintiff's claims are ba...

Excerpt: ...ctors Dylan Eacret, Jonathan Merrit, and Jorge Chavez (collectively, the “Proposed Intervenors”) have opposed. The Proposed Intervenors have not yet been granted leave to intervene. Their Motion to Intervene is scheduled to be heard on January 22, 2021. Thus, at this time the Proposed Intervenors have no standing to insert themselves into this litigation. The Proposed Intervenors have also failed to cite to any legal authority that would allo...