Excerpt: ...ing their Complaint on December 12, 2022. (ROA 1.) On January 18, 2023, Plaintiffs filed the operative First Amended Complaint ("FAC") alleging causes of achon for elder neglect, custodial negligence, constructive fraud, and negligent infliction of emotional distress against Defendants. (ROA 10.) Plaintiffs allege Ms. Ritter is a 95-year-old woman who was living at the residential care facility for the elderly known as The Pines, a Merrill Garden...

Excerpt: ...becca Rickett ISO Defendant's motion to compel (Rickett Decl.) 2.) The deposition was taken off calendar per Plaintiff's counsel's request as counsel was unable to locate their client. (Rickett Decl. 93.) Plaintiff failed to respond to an attempt to meet and confer for other available dates of deposition. (Rickett Decl. 94.) Defendant subsequently moved to compel the deposition, which the Court granted on December 1, 2022. (ROA 35.) Shortly there...

Excerpt: ...ts for Production of Documents, Set One is ruled upon as follows. This is a medical malpractice action in which Plaintiffs allege the wrongful death of Hardeep Kaur Bains ("Decedent"). Plaintiffs commenced this achon by filing their Complaint on September 29, 2021, alleging causes of action for negligence wrongful death against Defendants Caroline Nguyen, MD; Mindy Shapira, MO; and Sutter. Pertinent here, Sutter indicates that on December 20, 202...

Excerpt: ...ndant, Crosscomplainant and Cross-Defendant Martin Concepc:ion Rodriguez ("Rodriguez") collided into Vehicle 2, pushed the vehicle into the rear of De Ayon's vehicle. De Ayon's vehicle pushed forward where its front end collided into rear of Vehicle 4. The impact continued until the front end of Vehicle 5 collided into the rear of Plaintiff's vehicle. De Ayon has settled with Plaintiff for her policy limit in the amount of $25,000. De Ayon seeks ...

Excerpt: ...aint seeks "quasi-specific performance of an agreement to devise property at death and imposition of a constructive trust." Specifically, Plaintiff requests "[tlhat a constructive trust be imposed upon Carolyn M. Young, John Stockard, The Mary Lou DiasAnderson Endowment Fund and The Epic Bible College as to the Auburn Boulevard Pro#rty, pursuant to which after all specific distributions of the trust estate pursuant to the Anderson Trust have been...

Excerpt: ... of action for breach of contract and two causes of action for common counts. Camrock alleged Defendant Security Paving Company, Inc. ("Security Paving") failed to make payment to it within 30 days of its final invoices for the two jobs, job numbers 06-0H2504 ("06 and 07-266404 ("07 Subcontract"). Following a court trial before the Honorable Trena H. Burger-Plavan, the Court issued a tentative decision in favor of Camrock on May 31, 2019. (ROA 11...

Excerpt: ... Department 53 Zoom ID is: 1614650 6749. To appear on Zoom by phone, call (833) 568-8864 and enter 161 4550 5749#. Appearance is required. Defendants California Department of Corrections and Rehabilitation ("CXR") and Kathleen Allison ("Allison") (collectively "Defendants") demurrer to incarcerated pro per Plaintiff Delbert J. Smith's ("Plaintiff") Complaint is ruled upon as follows. Plaintiff commenced this acton by filing his Complaint on July ...

Excerpt: ...Plaintiff filed the instant action on October 8, 2020. (ROA 1.) Trial is set for June 20, 2023. (ROA 26.) Defendant served an initial set of discovery documents on Plaintiff on March 26, 2021 to which Plaintiff responded. (Declaration of Kimberly A. Millington (Millington Decl.) 92.) Defendant also noticed Plaintiffs deposition for December 1, 2021. (Millington Decl. 94.) On November 29, 2021, Plaintiff's counsel informed Defendant that counsel w...

Excerpt: ... bottom of the page" (so the Court need not unnecessarily expend time locating individual exhibits). Factual Background This litigation was commenced against defendant Mission Linen Supply in October 2019 with a putative class action complaint alleging violations of various wage-andhour provisions of the Labor Code as well as a claim for unfair business practices. In December 2019 an amended complaint was filed, adding claims for penalties under ...

Excerpt: ...male, filed his original Complaint on April 1, 2022, alleging the following six causes of action: (1) race discrimination; (2) failure to prevent discrimination; (3) retaliation; (4) harassment; (5) negligent infliction of emotional distress ("NIED"); and (6) intentional infliction of emotional distress ("IIED"). On October 25, 2022, the Court sustained with leave to amend Defendant's demurrer to each of the six causes of action. Plaintiff then f...

Excerpt: ...that pursuant to local Court rules, only limited oral argument is permitted on law and motion matters. *** Plaintiff's opposition papers were not timely filed and the "Certificate of Service" on the final page does not in several respects comply with Code of Civil Procedure S1013a. This is particularly troubling since plaintiff's opposition to the prior demurrer suffered from the same defects, resulting in the Court declining to consider his oppo...

Excerpt: ...ng. The parties are also reminded that pursuant to local Court rules, only limited oral argument is permitted on law and . *** Plaintiff's opposition was not timely filed or served and the proof of service attached motion matters thereto is not signed. Additionally, the opposition does not comply with CRC Rule 3.1113(d) and (f) and plaintiff failed to seek or obtain leave of court to file an oversized brief as required by Rule 3.1113(e). Plaintif...

Excerpt: ...ted. Factual and Procedural Background Plaintiff filed his Complaint on October 13, 2020, against SMP and Mr. Phelps arising from SMP's repair to his foundation by installing 20 push piers. Plaintiff alleges the repair caused structural and cosmetc damage to his house. (ROA 1.) Subsequently, SMP and Mr. Phelps (collectively, "Cross-complainants") filed a Crosscomplaint against SFA on December 11, 2022, alleging claims for negligence, contribution...

Excerpt: ... causing injuries. (LJMF 1.) Plaintiff alleges RMA failed to inspect and adequately maintain the tree and knew, or should have known, the tree was in a dangerous condition. RMA moves for summary judgment on the ground Plaintiff cannot establish RMA breached its duty of care or causation and based on Plaintiff's factually devoid discovery responses. In support, RMA presents the following undisputed material facts ("UMFs"). RMA s Maintenance Depart...

Excerpt: ...her "hard paper or plastic tabs extending below the bottom of the page" (so the Court need not unnecessarily expend time locating individual exhibits). Factual Background This is a personal injury action arising from the malfunction of an elevator in which plaintiff was riding in February 2019. It is alleged the elevator "dropped approximately three floors and then suddenly stopped. Trial is currently scheduled to commence on 6/20/2023. In Februa...

Excerpt: ...rril Kofi a.k.a Zeke Layman, Mrs. Miller's brother, was also living at Bush Way on the date of the fire. The home was insured by Mid-century Insurance Company, which paid out claims by the other plaintiffs to have the house repaired and for damages to contents of the home following the fire loss incident. Mid-century is appearing in a subrogee capacity. Plaintiff Chris and Edith Miller, as well as Mr. Layman, are inwlved as additional individual ...

Excerpt: ...ifornia. In April of 2022, Defendants tendered their policy limits of $15,000 to settle this matter in exchange for a signed release and dismissal from plaintiff Steave Samuel McClain ("Plaintiff"). (Britt Decl. 2, Exh. A.) Plaintiff's counsel responded asking when Defendants' moton for good faith settlement would be and asked for Defendants to send over a release for Plaintiff to sign. (Britt Decl. '1 3, Exh. 8.) Defendants' counsel sent a settl...

Excerpt: ... on January 10, 2017. As a result of the incident, Plaintiff claims to have suffered injury to his head, including a traumatic brain injury with memory loss, difficulty concentrating, impaired cognitive functioning, headaches, memory loss, insomnia, post-traumatic stress, emotional distress and loss of income related to the incident. Plaintiff submitted to an independent medical examination conducted by Defendant's expert neurologist, Dr. Van Ost...

Excerpt: ...ate/time of this hearing if she attends Court in person. As stated therein, such order as to Defendant Trieu 's counsel applies REGARDLESS of whether any party requests oral argument on this motion. *** Factual Background Plaintiff commenced this action in 2018, alleging against defendants Trieu and Phan causes of action for fraud, embezzlement, conversion, breach of contract, breach of fiduciary duty, negligence, etc. in connection with a reside...

Excerpt: ...aintiff at a private mediation the parties participated in on July 22, 2022, pursuant to Code Civ. Proc„ S 664.6. The mediation resulted in a negotiated settlement, memorialized in a Stipulation for Settlement ("Stipulation"), which was signed by Plaintiff and her counsel of record at the time, as well as Defendant Thompson and counsel of record for Defendants. (Goulding Decl., "1 34 and Ex. B.) The Stipulation includes detailed terms of an agr...

Excerpt: ...s able to file a complete reply. Defendant's counsel also filed a "supplemental" declaration on April 11, 2023, only two Court days prior to the hearing. The declaration attached exhibits which counsel attempted to attach to the papers filed on April 7, 2023. The basis for the opposition is that verified responses were served after the motion was filed. The motion was filed on January 11, 2023. There is no dispute that Defendant served verified r...

Excerpt: ...d, Samuel Fong (deceased) ("Sam") operated the family businesses for the personal benefit of his mistress, Yimin Dai and himself. Defendant is the trustee of the Samuel B. Fong Trust and Executor of Samuel 8. Fong's estate. At issue on the instant moton is Jason's claimed failure to produce a United States Estate Tax Return, Form 706 ("Tax Return") for Sam. The Siblings contend the Tax Return was responsive to the request for production of docume...

Excerpt: ...lowing: [T]hat the property was in a dangerous condition at the time of the injury, that the injury was proximately caused by the dangerous condition, that the dangerous condition created a reasonably foreseeable risk of the kind of injury which was incurred, and that either: (a) A negligent or wrongful act or omission of an employee of the public entity within the scope of his employment created the dangerous condition; or (b) The public entity ...

Excerpt: ...hearing and the parties should be prepared to point to specific evidence which is claimed to show the existence or nonexistence of a triable issue of material fact. *** Cross-Defendant Ronald L Rasmussen, D.D.S.'s ("Rasmussen") motion for summary judgment is ruled upon as follows. As an initial matter, Rasmussen's request for judicial notice is granted. I. Procedural History Plaintiff Lisa Vaughn ("Plaintiff") filed her complaint in this action a...

Excerpt: ... to provide verified further responses to Defendant's request for production (set one), without objections other than those based on privilege, and an appropriate privilege log, no later than February 28, 2023. Defendant contends Plaintiffs failed to comply with the orders and now seeks evidentiary and monetary sanctions. The Court also imposed a modest amount of monetary sanctions against each Plaintiff in the amount of $310. Defendant indicate ...