Excerpt: ...��APPEARANCE REQUIRED” MATTERS. INDIGENT LITIGANTS MAY CONTACT THE DEPARTMENT CLERK IN DEPT. 54 BY 4:00 P.M. ON THE COURT DAY BEFORE THE HEARING TO ARRANGE FOR A CALL‐IN APPEARANCE. ANY QUESTIONS OR CONCERNS REGARDING COURT CALL OR A CALL‐IN APPEARANCE SHOULD BE DIRECTED TO THE CLERK IN DEPT. 54 BY 4:00 P.M. ON THE COURT DAY BEFORE THE HEARING. Plaintiff Sarah L. Dayaoun's Motion to Compel Further Responses to Interrogatories is DENIED. Pla...

Excerpt: ...PLY TO “APPEARANCE REQUIRED” MATTERS. INDIGENT LITIGANTS MAY CONTACT THE DEPARTMENT CLERK IN DEPT. 53 BY 4:00 P.M. ON THE COURT DAY BEFORE THE HEARING TO ARRANGE FOR A CALL‐IN APPEARANCE. ANY QUESTIONS OR CONCERNS REGARDING COURT CALL OR A CALL‐IN APPEARANCE SHOULD BE DIRECTED TO THE CLERK IN DEPT. 53 BY 4:00 P.M. ON THE COURT DAY BEFORE THE HEARING. Defendant Keith Hughes, M.D. moves for summary judgment of Plaintiff Terri Castle's cause...

Excerpt: ... TO “APPEARANCE REQUIRED” MATTERS. INDIGENT LITIGANTS MAY CONTACT THE DEPARTMENT CLERK IN DEPT. 54 BY 4:00 P.M. ON THE COURT DAY BEFORE THE HEARING TO ARRANGE FOR A CALL‐IN APPEARANCE. ANY QUESTIONS OR CONCERNS REGARDING COURT CALL OR A CALL‐IN APPEARANCE SHOULD BE DIRECTED TO THE CLERK IN DEPT. 54 BY 4:00 P.M. ON THE COURT DAY BEFORE THE HEARING. Defendant John Stewart Company's Special Demurrer to Plaintiff Jason Wong, as an aggrieved e...

Excerpt: ... WILL ALSO APPLY TO “APPEARANCE REQUIRED” MATTERS. INDIGENT LITIGANTS MAY CONTACT THE DEPARTMENT CLERK IN DEPT. 54 BY 4:00 P.M. ON THE COURT DAY BEFORE THE HEARING TO ARRANGE FOR A CALL‐IN APPEARANCE. ANY QUESTIONS OR CONCERNS REGARDING COURT CALL OR A CALL‐IN APPEARANCE SHOULD BE DIRECTED TO THE CLERK IN DEPT. 54 BY 4:00 P.M. ON THE COURT DAY BEFORE THE HEARING. Defendant CSAA insurance Exchange, Inc.'s demurrer to plaintiff Kyleigh Juar...

Excerpt: ...�APPEARANCE REQUIRED” MATTERS. INDIGENT LITIGANTS MAY CONTACT THE DEPARTMENT CLERK IN DEPT. 53 BY 4:00 P.M. ON THE COURT DAY BEFORE THE HEARING TO ARRANGE FOR A CALL‐IN APPEARANCE. ANY QUESTIONS OR CONCERNS REGARDING COURT CALL OR A CALL‐IN APPEARANCE SHOULD BE DIRECTED TO THE CLERK IN DEPT. 53 BY 4:00 P.M. ON THE COURT DAY BEFORE THE HEARING. Defendant County of Sacramento moves for summary judgment of the three causes alleged against it i...

Excerpt: ...ely, (2) to remand to the arbitrator with instructions that California Restaurant Mutual Benefit Corporation v. Gold Country Foods, Inc., American Arbitration Association case number 01‐18‐0004‐ 7001, be dismissed without prejudice and/or the award vacated without prejudice. On November 15, 2016, CRMBC's Board of Trustees voted to implement an assessment for fiscal years 2005 through 2015. CRMBC thereby levied the approved assessment amount...

Excerpt: ... claimed to show the existence or non‐existence of a triable issue of material fact. *** Defendant Accenture, Inc.'s motion for summary judgment or alternatively, summary adjudication of issues is ruled upon as follows. Both moving and opposing counsel failed to comply with CRC Rule 3.1350(g), requiring a single volume of evidence (including declarations) with a table of contents when the evidence exceeds 25 pages. The opposition papers were no...

Excerpt: ...nd advise counsel of Local Rule 1.06 and the Court's tentative ruling procedure. If moving counsel is unable to contact opposing counsel prior to the hearing, moving counsel shall be available at the hearing, in person or by telephone. Factual Background This action arises from an incident whereby plaintiff suffered injuries when struck by a concrete boom pump while he was working on a multi‐ employer construction site in Sacramento County. At ...

Excerpt: ...is requested, the parties must at the time oral argument is requested notify the clerk and opposing counsel of the causes of action that will be addressed at the hearing. The parties are also reminded that pursuant to local court rules, only limited oral argument is permitted on law and motion matters. *** Defendant Alexander Asterlin's demurrer to pro per Plaintiff Shaun Smith's first amended complaint (“FAC”) is ruled upon as follows. Defen...

Excerpt: ...ble to depose this witness but has not moved for a continuance under CCP 437c(h). Plaintiff's FAC alleges the following causes of action arising out of her employment with CHP commencing in 2007 and ending with her termination in 2016: 1st cause of action Discrimination based on Disability (FEHA), 2nd cause of action Failure to Accommodate (FEHA), 3rd cause of action Failure to Enter into the Interactive Process (FEHA) and 4th cause of action for...

Excerpt: ...ntiff Kenneth Rogers (“Plaintiff”) filed this action on December 2, 2019 against defendants Larry Pilgrim, Donald Masuda, and Kenny Giffard (together, “Defendants”). This is Plaintiff's second lawsuit against Mr. Masuda and Mr. Giffard. On October 2, 2014, Plaintiff filed an action against Masuda and Giffard regarding their representation of Plaintiff in a criminal matter (the “Fraud Lawsuit”). (RJN Ex. 1.) Plaintiff alleged that Masu...

Excerpt: ...ase No. C1522785 in Santa Clara County Superior Court. Defendant was appointed as Plaintiff's defense counsel at his November 10, 2015 arraignment, and Defendant represented Plaintiff for approximately eight months until the court granted Plaintiff's application to remove Defendant as counsel on July 7, 2016. The prosecution of the underlying criminal case resulted in a no contest plea to one misdemeanor count of violating Penal Code section 417,...

Excerpt: ...ethod of resolving wage claims.” (Cuadra v. Millan (1998) 17 Cal.4th 855, 858.) Pleadings are limited to a complaint and answer. There is no discovery process. (Labor Code § 98, subd. (d).) Technical rules of evidence do not apply, and all relevant evidence is admitted “if it is the sort of evidence on which responsible persons are accustomed to rely in the conduct of serious affairs.” (Cal. Code Regs., tit. 8, § 13502.) Either party may ...

Excerpt: ...s follows. Defendants' Evidentiary Objections The Court declines to rule on Defendants' two evidentiary objections since the subject evidence is immaterial to disposition of the motion. (See Code of Civ. Proc., § 437c, subd. (q).) Factual Background This is an employment law action arising out of Plaintiff's employment as a phlebotomist with Sutter. A. Plaintiff's Employment Plaintiff began working for Sutter at Sutter Memorial Hospital in 2006....

Excerpt: ...inent to the Court's decision on the instant motion are discussed below. Trial in this case was originally scheduled to commence on June 17, 2019. In May 2019, the parties participated in mediation and entered a stipulation on May 20, 2019 (the “May 2019 Stipulation”) to continue trial. At the time the May 2019 Stipulation was entered, discovery was closed, and the Vrame Defendants were represented by their former counsel, Porter Scott. The M...

Excerpt: ...aw case, the Court granted Plaintiffs' motion to compel further responses to requests for production Nos. 2, 6, 8, 9, 12‐16, 21, 24, 26, 29, 32, 34, 37, 40, 42, 45, 48, 50 and 65. The Court ordered Defendant to provide further responses no later than February 14, 2020. The Court's order also indicated that documents asserted to be confidential, proprietary, and/or trade secret shall be produced subject to a stipulated protective order. Plaintif...

Excerpt: ...amed Defendants Live Nation Entertainment, Inc., House of Blues Concerts, Inc., Ace of Spades, LLC, and Ace of Spades as Defendants. Plaintiff alleges that he was assaulted by Defendant Mike Ness, the lead singer of the band. He alleges that security personnel employed by Defendants restrained him and assaulted him as well. At issue on this motion are Defendants' responses to Plaintiff's form interrogatories. All four Defendants responded to the ...

Excerpt: ... If Plaintiff's counsel is unable to contact opposing counsel prior to the hearing, Plaintiff's counsel shall be available at the hearing, in person or by telephone, in the event opposing counsel appears without following the procedures set forth in Local Rule 1.06(B). Plaintiff's motion for leave to file its proposed First Amended Complaint (“FAC”) is GRANTED. Evidentiary Objection DSS argues the Declaration of Plaintiff's counsel filed in s...

Excerpt: ... complaint. According to the moving papers Defendant Reliance was served through an agent for service of process that who was no longer its agent at the time. It indicated that it only learned of the lawsuit when its insurance carrier contacted it. (Deol Decl. ¶¶ 4‐6.) As to Defendant Mathew Wolfe, he declares that while he used the subject address where he was purportedly served as a residence (homeless shelter), he was never served with the...

Excerpt: ...o Plaintiff in the cannabis industry. The CSA provides that any controversy between the parties “involving the construction or application of any provision of” the agreement shall be resolved by binding arbitration with JAMS. Plaintiff's causes of action for breach of contract, etc. all relate to the construction and/or application of the CSA. A written agreement to submit a controversy to arbitration is valid, enforceable, and irrevocable co...

Excerpt: ...Tutto's motion, Hot Italian raised the argument that Tutto lacked the capacity to participate in this action because its current entity status is “FTB Suspended.” The California Secretary of State's online business portal did, at the time the opposition was filed, reflect that Tutto's status as “FTB Suspended.” (Hot Italian's RJN Exh. H.) California law provides that if a corporation fails to pay taxes, penalties, interests, or any liabil...

Excerpt: ...lated contracts were signed in Sacramento before a notary. Plaintiff demurs to the third, fourth, fifth, sixth, seventh, and eighth affirmative defenses on the grounds each fails to state facts sufficient to constitute a defense and fails to specify whether the contract or agreement referenced in the affirmative defense is a written or verbal contract. Plaintiff contends the affirmative defenses at issue all rely on a series of verbal representat...

Excerpt: ... co‐ defendant Forever 21, LLC (“Forever 21”). The action against Forever 21 is stayed due to its bankruptcy filing. Plaintiff alleges that Forever 21 and Metro made defamatory statements that Plaintiff shoplifted merchandise from the store. She alleges that Metro “made the statement without actually seeing the Plaintiff” steal any merchandise therefore, making the statement unprivileged” and that the officer “made a malicious decis...

Excerpt: ...of receiving it. The hearing date shall automatically be continued one week plus one court day for oral argument. The continuance date will always be an appearance required hearing so that Plaintiff need not request oral argument. 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 March 20, 2020 to participate in oral argument. Defendant Dr. Daniel Jackson...

Excerpt: ...ections to Cal Casualty's first set of written discovery, including special interrogatories, requests for production of documents, and form interrogatories. (ROA 7.) Dixon was ordered to serve the responses no later than December 31, 2019. Dixon has failed to comply with the Court orders and Cal Casualty now moves for terminating sanctions. For misuse of the discovery process, including as is the case here, disobeying a court order to provide dis...

Excerpt: ... The litigation coordinator shall provide the tentative ruling to plaintiff Silus Mardel Valson. Appearance is required on March 12, 2020. Plaintiff shall be available, by COURTCALL, to participate in oral argument on the continuance date. Plaintiff Silus Mardel Valson's (“Plaintiff”) motion to set aside and vacate the judgment sustaining defendant's demurrer pursuant to CCP § 663 is DROPPED. On December 6, 2019, this Court sustained defenda...

Excerpt: ... February 20, 2020 hearing date is repeated below. Plaintiffs' Motion to Quash Deposition Subpoenas issued by defendant to Sutter Medical Foundation and Kaiser Permanente seeking plaintiff Alicia Tutt's medical records is granted. Plaintiffs seek damages for alleged personal injuries arising out of extensive mold found in their residence after the purchase. The defendant was the seller's realtor who readied the home for sale after the home was ci...

Excerpt: ...ara Lovenstein, by and through her successor‐in‐interest Robin Hutcheson, and Jean Charles' (collectively, “Plaintiffs”) “motion to resolve the issue of disqualification” is ruled upon as follows. This motion involves Plaintiffs' counsel, the Law Office, Ed Dudensing attorney‐at‐law (“TLO”) and TLO's hiring of Margaret Mallough as a legal secretary. TLO has hired Ms. Mallough, but she has not yet started working at TLO. TLO in...

Excerpt: ... residence during his eviction the previous day. The incident occurred on November 28, 2012. Plaintiffs are decedent's wife, Tina Marcum, and son, Roy Steven Marcum. Plaintiffs' complaint was filed on November 25, 2014, and alleges causes of action for wrongful death on behalf of each of the Plaintiffs against defendants Joseph Francis Corey, Citibank, Tracy Ramirez, Sal Ramirez, and Does 1 through XX, inclusive. (ROA 1.) On June 7, 2017, Plainti...

Excerpt: ...ituted as Plaintiff in November 2017. Jody Parks passed away on March 17, 2019 and Casey Darr, the son of George and Jody Parks was substituted in as he successor in interest on October 17, 2019. The order granting the motion to substitute successor in interest stated that Nate Parks was also a successor in interest and that he agreed in his declaration to the substitution of Mr. Darr as "the" successor in interest. (Minute order October 17, 2019...

Excerpt: ...to compel arbitration in lieu of answering the complaint. (Code Civ. Proc., §1281.7.) Plaintiff responded by filing a First Amended Complaint (“1AC”) on 6/25/2019. The 1AC “substantively changed the nature of [t]his action” from a class action seeking damages to a representative action under the Labor Code's Private Attorney General Act (“PAGA”). Ultimately, TDE's petition to compel arbitration was dropped from calendar because it ta...

Excerpt: ...ancy; (3) failure to prevent discrimination; (4) failure to accommodate; (5) failure to engage in the interactive process; (6) retaliation; (7) wrongful termination in violation of public policy; (8) violation of Labor Code § 1197.5; and (9) defamation. Defendants have presented evidence that on March 8, 2018, Plaintiff Tiffany Kamerman‐Kretzmer, D.O., a physician, ("Plaintiff') and Pediatrix Medical Group of California, A.P.C. ("Pediatrix") a...

Excerpt: ...aint. At that time, Defendants were in pro per. On July 12, 2019, John S. Sargetis of the United Law Center substituted into this action to represent Defendants. Defendants then filed their amended answer on July 17, 2019, and their second amended answer on December 23, 2019. Also on December 23, Defendants filed a cross‐ complaint without first obtaining leave of Court. Defendants' counsel, Mr. Sargetis, attests that he erroneously filed the c...

Excerpt: ...defendant Quattuor Construction company (“Quattuor”) rearended him in a company‐issued pickup truck. Plaintiff filed his action against Quattuor, et al. on July 14, 2017 (Wood v. Quattuor, et al., 34‐2017‐0021504.) It was later consolidated with this action, which was filed by plaintiff Maria Vargas against Quattuor, Ford, and others, on April 25, 2017. Trial is set for March 30, 2020. Plaintiff now moves for leave to file a first amend...

Excerpt: ...ty against Defendant Anu Arora ("Arora"). On January 27, 2020, following the granting of the motion for summary judgment, the Court entered the judgment in the amount of $128,198.95 for plaintiff against defendants. The order stated in part that "Plaintiff is the prevailing party and is entitled to attorney's fees and costs in an amount according to proof as allowed by law." (See ROA 43 and 44) Pursuant to the order finding plaintiff to be the pr...

Excerpt: .... (“CTI”) terminated Richard Brooks' employment as CTI's Chief Financial Officer on December 31, 2018. A dispute arose regarding the amount due to Plaintiffs as a result of the termination, as Plaintiffs owned shares of CTI stock valued at $8,666,000 at the time of his termination. (Brooks Decl. ¶¶3‐5.) On December 18, 2019, CTI and Plaintiffs entered into a settlement agreement (the “Settlement”) and a Stock Purchase Agreement, in wh...

Excerpt: ... they were deposed between April and June 2016 and because the depositions would be duplicative. Generally, once any party has taken the deposition of any natural person, including that of a party to the action, neither the party who gave nor any other party who received notice of the deposition may take a subsequent deposition of that deponent without leave of court. Pursuant to CCP § 2025.450(a), where a deposition notice has been properly ser...

Excerpt: ...tual Background Plaintiff's complaint purports to assert a single cause of action for conversion against both defendants. According to the complaint, when experiencing some marital problems in October 2018, Plaintiff gave her gold jewelry and some cash to Defendant Kaur for safekeeping at the latter's insistence. It is alleged in Paragraph 24 that when the personal property was handed over, Defendant Kaur and Defendant Sukhwinder “told Plaintif...

Excerpt: ...set forth in the ruling, the proof of service on the motion indicated that Defendant unsuccessfully attempted to personally serve Plaintiff [counsel's office] on November 27, 2020 and plaintiff was served by mail and email that same day. The Court noted that there was no notice in the Court's file indicating that any party agreed to accept service electronically but even if there were, service of the motion on November 27, 2019 was only 76 days b...

Excerpt: ...ermitted on law and motion matters. *** “Plaintiff's Motion Compelling Compliance to [sic] Request for Production of Documents, Set One, from Defendant Oakmont of Folsom, LLC and Request for Sanctions” is ruled upon as follows. The notice of motion does not comply with Code of Civil Procedure §1010 or CRC Rule 3.1110(a). Factual Background This is an elder abuse/neglect action which was commenced on 12/20/2018. On 4/23/2019 plaintiff served ...

Excerpt: ...n pursuant to this article for delay in prosecution except after one of the following conditions has occurred: (1) Service is not made within two years after the action is commenced against the defendant. (2) The action is not brought to trial within the following times: (A) Three years after the action is commenced against the defendant unless otherwise prescribed by rule under subparagraph (B). (B) Two years after the action is commenced agains...

Excerpt: ...reen light just prior to the collision. Plaintiff served a set of requests for production on defendant, asking for any and all statements given by defendant to her insurer or its employees. Defendant apparently responded to the two requests with objections asserting both the attorney‐client privilege and the attorney work product doctrine. Plaintiff now argues that neither objection is valid but even if the attorney‐client privilege applied, ...

Excerpt: ...yee pressure washing the entrance area at the front of the Winco store. After her fall she reported her fall to Winco and a Winco employee took a report. CityWide propounded a request for production of documents on Winco requesting surveillance videos and documents related to Plaintiff including any statements made by Plaintiff and any reports made by Winco. Winco agreed to produce a video and a photo in response to RFP 1. As to the other request...

Excerpt: ...e Court issued a further minute order on January 14, 2020, again continuing this matter on the Court's own motion to March 10, 2020, and again ordering the parties to appear before Judge Davidian in the Settlement Department to address the issues raised by this motion. The parties were ordered to appear on February 19, 2020. The parties appeared before Judge Davidian in the Settlement Department on February 19, 2020, but were unable to settle the...

Excerpt: ...ise its discretion and control over all proceedings relating to the litigation before it." (Johnson v. Banducci (1963) 212 Cal. App. 2d 254, 260) and thus retains discretion to continue hearings on motions, if it is based on a reasoned judgment (Forthmann v. Boyer (2002) 97 Cal. App. 4th 977, 984). Self‐represented Plaintiff Christopher Gustard filed a complaint for “declaratory and injunctive relief.” The gist of the complaint is premised ...

Excerpt: ... for Department 53 of the Sacramento County Superior Court is 813 6th Street, Sacramento, California 95814. Defendants shall notify Plaintiffs immediately. Additionally, 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 Plaintiffs immediately of the tentative ruling system and to be available at the hearing, in person or by telephone, in the even...

Excerpt: ... and Housing Act (“FEHA”) and failure to accommodate in violation of the FEHA. The Regents' motion is DENIED. Request for Judicial Notice The Regents' request for judicial notice is unopposed and granted. Evidentiary Objections Pursuant to Code of Civil procedure section 437c, subdivision (q), the Court will only rule on the objections to evidence deemed material to its disposition of the motion. The Regents' evidentiary objections are ruled ...

Excerpt: .... Arnold are sustained. The Court notes that even if the objected to evidence was considered, it would not alter the Court's analysis. This action arises from injuries that plaintiffs Inessa Bailey (“Bailey”) and Fitchie allegedly received as a result of a traffic collision that occurred at the intersection of 19 th Street and Q Street in Sacramento on July 19, 2017, at approximately 5:00 p.m. Plaintiff Bailey has dismissed her Complaint agai...

Excerpt: ...ed settlement in a class action is fair. (Rebney v. Wells Fargo Bank (1990) 220 Cal. App. 3rd 1117, 1138.) The law favors settlement, particularly in class actions and other complex cases where substantial resources can be conserved by avoiding the time, cost, and rigors of formal litigation. (See Newberg on Class Actions 4th (4th ed. 2002) § 11.41 (and cases cited therein); Class Plaintiffs v. City of Seattle (9th Cir. 1992) 955 F.2d 1268, 1276...

Excerpt: ...on as required by CCP 430.41. The First Amended Complaint ("FAC") alleges that in April 2018, Mr. Gadbois and South Coast Heliocopters ("SCH") entered into an employment contract in which Mr. Gadbois agreed to perform services for SCH as a helicopter pilot and general manager in return for compensation in the form of wages and benefits. In late April 2018, SCH entered into a contract with CalFire through which SCH agreed to provide aerial support...

Excerpt: ...receiving it. The hearing date shall automatically be continued one week plus one court day for oral argument. The continuance date will always be an appearance required hearing so that Plaintiff need not request oral argument. 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 March 16, 2020, to participate in oral argument. *** If oral argument is reques...

Excerpt: ...ion matters. *** Plaintiff/cross‐defendant Advantage Funding Commercial Capital Corp.'s (“Advantage”) demurrer to defendant Thandi Enterprises, Inc.'s (“TEI”) First Amended Cross‐Complaint (“1ACC”) is ruled on as follows. Both moving and opposing counsel failed to comply with CRC Rule 3.1110(b)(3)‐(4). Opposing counsel failed to comply with CRC Rule 2.111(3). Factual Background This litigation arises out of defendant TEI's separ...

Excerpt: ...toria McAdaragh's (“McAdaragh”) demurrer to Cross‐Complainant Sara Myer (“Trustee”), Trustee of the Anne C. Linggi Trust dated October 29, 2009's (“Trust”) cross‐complaint (“XC”) is ruled upon as follows. McAadaragh's and Trustee's requests for judicial notice are 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....

Excerpt: ... public property while closing part of a roadway while a CDCR inmate crew worked on the sides of the road to perform weed abatement. Officer Nader Saca was supervising the crew at the time. Plaintiff Maria Luisa Hills walked on foot on the roadway, where she was subsequently struck by a car driven by Defendant Carolyn Vodoklys. Both the CDCR and the City claim the other party was responsible for providing traffic control at the scene of the accid...

Excerpt: ... has not included a department number in its notice of motion. The correct address for Department 54 of the Sacramento County Superior Court is 813 6th Street, Sacramento, California 95814. Plaintiff shall notify pro per Defendants immediately. This is a collection action based on a written loan agreement. The Complaint alleges that on March 3, 2017, defendants Mariama Jones and Sean Sensecall (together, “Defendants”) obtained a loan from Pla...

Excerpt: ...which defendant DGS leased property located at 9855 Compagnoni Street, Bakersfield, California from Bakersfield CHP LP ("Lease"). Bakersfield CHP, LP, as owner and lessor, was to contract for the development of certain improvements on the property in accordance with the "Facility Design Program" and "Outline Specifications" provided by DGS and attached as exhibits to the Lease. CHP would occupy the improved property, paying lease payments beginni...

Excerpt: ...mproperly deducted amounts from his commissions, failed to provide him commissions on certain jobs, and failed to provide him information to verify GCCR's commission totals. Plaintiff's commissions were based upon a percentage of the approved costs covered by the insurance companies, minus rebates and credits offered by plaintiff to induce homeowners to enter into the contract. For the third time, Plaintiff seeks further responses and production ...

Excerpt: ...imum wages, failing to provide compliant meal period and rest periods and associated premium pay, failing to timely pay wages during employment and upon termination of employment, failing to provide compliant wage statements, failing to maintain requisite payroll records, and failing to reimburse necessary business expenses, and thereby engaged in unfair business practices under California Business and Professions Code section 17200, et seq. Plai...

Excerpt: ...tiff has indicated the incorrect address in the notice of motion. The correct address for Department 54 of the Sacramento County Superior Court is 813 6th Street, Sacramento, California 95814. Plaintiff's counsel shall notify defense counsel immediately. This is a wage and hour action. In the operative First Amended Complaint (“FAC”), Plaintiff alleges that Defendants Electric Tech Construction, Inc. (“E‐Tech”), Tim Pessin, and Justin B...

Excerpt: .... CSC alleged that GSOP breached a construction contract by not having adequate plans, failed to complete change orders, used unlicensed contractors, interfered with its performance and diverted work and payment to unlicensed contractors. (Comp. p.3 ¶ BC‐2.) CSC also alleged that GSOP breached the contract by failing to arbitrate the dispute pursuant to the provision in the contract requiring AAA mediation and them arbitration. (Comp. p.4 ¶ B...

Excerpt: ...bout September 2012 they purchased a 2013 Hyundai Elantra (“Subject Vehicle”). The Subject Vehicle was sold with a 5 year/60,000 miles bumper to bumper warranty and a 10 year/100,000 miles powertrain warranty. Plaintiffs allege that during the warranty period, the Vehicle contained or developed defects including but not limited to a defective engine. Plaintiffs allege that Defendant was unable to repair the defects after a reasonable number o...

Excerpt: ...tees of the Aiad and Hoda Samuel Family Trust (together, “Plaintiffs”) on December 20, 2011, alleging one cause of action for breach of contract against Brake Masters, arising from numerous alleged breaches of a commercial real property lease between Plaintiffs and Brake Masters. The lease contains an attorney fee provision. On January 25, 2016, after a five day bench trial, the Court found for Brake Masters in all respects, and on March 15, ...

Excerpt: ...ligent misrepresentation, cancellation of a voidable contract, violation of Bus. & Prof. Code § 17200, intentional misrepresentation, violation of Civil Code § 3294(c)(3), violation of Civil Code §§ 2924.12 and 2924.17, cancellation of written instruments, slander of title, quiet title, declaratory relief and injunctive relief. Plaintiffs allege that they obtained a mortgage from Paul Financial, LLC on March 20 2007 in the amount of $546,850....

Excerpt: ...d 2 are also OVERRULED. Defendant does not object to the admissibility of the evidence, but the characterization thereof. However, the Court notes that the ruling on these objections is not dispositive to this motion. Overview On July 1, 2014, Plaintiff Timothy Fisher (“Plaintiff”), an employee of Painter's Plus, Inc., was working on the roof of a property located at 3291 Truxel Road, Sacramento (the “Property”). (UMF 1.) Plaintiff was pa...

Excerpt: ...rters. On February 21, 2020, this Court denied Plaintiff's motion to compel CDCR's further responses to certain Requests for Production seeking “Print‐outs of any and all CMS entries for Office of Internal Affairs Case No. H‐OIA‐ 005‐16‐A” and “Print‐outs of any and all CMS entries for Office of Internal Affairs Case No. H‐SEC‐003‐ 17‐D.” These are both investigations into Plaintiff. The Court denied the motion only on...

Excerpt: ...iability) in pertinent part, "Plaintiff was lawfully on Defendants' premises, located at or about 4401 Broadway, Sacramento, California 95817, when suddenly and without notice, Plaintiff slipped and fell on an liquid substance, believed to have been a raw egg, that presented a dangerous condition. ..." (Id. p. 4). The Court very reluctantly considered Plaintiff John Cooks' opposition to the motion filed only six court days prior to the hearing an...

Excerpt: ...he first cause of action alleges (premises liability) in pertinent part, "Plaintiff was lawfully on Defendants' premises, located at or about 4401 Broadway, Sacramento, California 95817, when suddenly and without notice, Plaintiff slipped and fell on an liquid substance, believed to have been a raw egg, that presented a dangerous condition. ..." (Id. p. 4). The Court very reluctantly has considered Plaintiff John Cooks' opposition to the motion f...

Excerpt: ...ranty Deed with Vendor's Lien is GRANTED. Overview Plaintiff filed this action against Defendants on January 10, 2019. The operative First Amended Complaint (“FAC”) alleges 10 causes of action against Defendants for (1) disability discrimination, (2) disability harassment, (3) unlawful retaliation, (4) failure to prevent discrimination, harassment, and retaliation, (5) failure to pay wages, (6) unlawful retaliation for demanding wages due, (7...

Excerpt: ...ng date shall automatically be continued one week plus one court day for oral argument. The continuance date will always be an appearance required hearing so that Plaintiff need not request oral argument. 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 March 13, 2020 to participate in oral argument. Defendant Donald Masuda's (“Masuda”) Anti‐SLAPP ...

Excerpt: ... connection with a motion to strike. The opposing papers fail to comply with CRC Rule 3.1113(d)‐(f). Opposing counsel is advised that such non‐compliant papers may in the future be stricken by the Court. Factual Background This action arises out of a 2018 motor vehicle accident on Elkhorn Boulevard in Sacramento County. According to the complaint, defendant's vehicle collided with the rear of plaintiffs' vehicle “at a very high velocity,”...

Excerpt: ...ffs were prisoners incarcerated by the California Department of Corrections and Rehabilitation (“CDCR”) at the California Training Facility (“CTF”) at the time relevant to their claims. Plaintiffs Merrick and Garner indicate they have recently been released. Plaintiff Milton remains incarcerated at CTF. Plaintiffs filed this action on November 7, 2017, against defendants Yuland Mynhier, R. Steven Tharratt, M.D. and does 1‐50. The action...

Excerpt: ...rgument is permitted on law and motion matters. *** Plaintiffs' motion to compel defendant's further responses to form and special interrogatories is ruled upon as follows. The 41‐page moving memorandum of points and authorities fails to comply with CRC Rule 3.1113(d)‐(f). (Much of the memorandum's content belongs (solely) in the moving separate statement.) Opposing counsel failed to comply with CRC Rule 3.1110(b)(3)‐(4). Factual Background...

Excerpt: ...sition is untimely as it was filed only 7 court days before the hearing. Oppositions must be filed and served 9 court days before the hearing. CCP 1005(b). On March 2, Defendant objected to the opposition's untimeliness and requests the court not consider it. However, the court has nevertheless considered the opposition in ruling on this motion. In doing so, the Court observes that any requests for affirmative relief made in the opposition is imp...

Excerpt: ...on to Plaintiff's Exhibit C is OVERRULED. The Court notes, however, that Exhibit C was not relevant to or considered in the Court's analysis as discussed below. This action arises from a motor vehicle accident. On January 27, 2018, Plaintiffs were injured when defendant Victor Gray ran a red light and struck their vehicle. At the time of the accident, California Highway Patrol (“CHP”) officers were in pursuit of Mr. Gray for violation of the ...

Excerpt: ...ff Darrell Holcomb's complaint is ruled upon as follows. This is a personal injury action arising from dental work. Plaintiff is an inmate at Folsom State Prison. Plaintiff alleges that Defendants either negligently performed dental work or failed to properly treat an infection after the dental work. Plaintiff alleges he suffered nerve damage and facial paralysis. Plaintiff seeks compensatory and punitive damages. Defendants demur on the ground t...

Excerpt: ...aw and motion matters. *** Defendants Kayvan Haddadan, M.D. (“Dr. Haddadan”) and Advanced Pain Diagnostic & Solutions, Inc.'s (“APDSI”) (collectively “Defendants”) demurrer to Plaintiff in Intervention Jane Doe's (“Doe”) First Amended Complaint in Intervention (“FACI”) is ruled upon as follows. Overview In this action, the named plaintiffs are Joanne Davis (“Davis”), Mariah Florez (“Florez”) and Mary Tovar (“Tovar”...

Excerpt: ...sault. In her FAC, Plaintiff alleges that on May 3, 2017, she sought medical treatment from defendant Derrick Mullin (“Mullin”), a Nurse Practitioner‐Furnishing (“FNP”), who was employed by Advanced Pain at the time. She alleges that Mullin represented himself as a doctor and examined her. During the examination, he “physically restrained her, groped her genitals and forcefully placing her hand on his erect penis to stimulate the same...

Excerpt: ... is unable to contact defense counsel prior to the hearing, Plaintiff's counsel shall be available at the hearing, in person or by telephone, in the event defense counsel appears without following the procedures set forth in Local Rule 1.06(B). Plaintiff's motion under Code of Civil Procedure (“CCP”) section 473, subdivision (b), for (1) mandatory relief to set aside dismissal, and (2) permissive relief from order denying leave to amend is DE...

Excerpt: ...to federal court on October 30, 2018, and it was ultimately remanded by stipulation when Plaintiff filed a First Amended Complaint (“FAC”) removing her Title VII claim. Following remand, DHCS demurred to Plaintiff's FAC, and the Court sustained the demurrer as to four, of the then five, causes of action. Plaintiff filed a Second Amended Complaint (“SAC”), which added several new causes of action without leave of court. DHCS objected to th...

Excerpt: ...edit card action on June 26, 2019, alleging two causes of action for breach of contract and common count. (ROA 1.) Plaintiff was personally served with the Summons and Complaint on July 17, 2019. (ROA 6.) Default was entered against Defendant on August 23, 2019. (ROA 7.) The first time plaintiff received any communication from defendant through counsel was after the default was entered. Default judgment was entered September 18, 2019. On November...

Excerpt: ... issue in this litigation. Plaintiffs also asked for sanctions in the amount of $1,485, but later withdrew the request. The motion is ruled upon as follows. Plaintiffs' complaint alleges causes of action for elder abuse, NIED, violation of Patients' Bill of Rights, and wrongful death, related to the care of Gerard Follettie. Plaintiffs served their second amended notice of deposition of person most qualified from Crocus Holdings, LLC dba Rosevill...

Excerpt: ...no later than January 27, 2020. The Court also granted Defendant's motion to deem matters in its requests for admissions admitted and awarded $590 in mndatory monetary sanctions. Defendant presently seeks terminating sanctions on the basis that Plaintiff has not provided the Court ordered responses. For misuse of the discovery process, including as is the case here, disobeying a court order to provide discovery, the Court may impose a terminating...

Excerpt: ... 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 face of the challenged pleading or from any matter of which the court is required to take judicial notice (CCP. § 438 (d) ...

Excerpt: ...udgment 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 face of the challenged pleading or from any matter of which the court is required to take judicial notice (CCP. § 438 (d) ). The Court properly takes judicial n...

Excerpt: ...f action against a variety of defendants, consisting of various individuals and entities, all of whom are alleged to have engaged in some form of misconduct and to owe money to ESF. ESF alleges that defendant Chris N. Vrame (“Vrame”), ESF's founder, and other Vrame Affiliated Defendants removed virtually all of ESF's endowment funds and loaned them to Vrame and the Vrame Affiliated Defendants. ESF alleges that the Vrame Affiliated Defendants ...

Excerpt: ...ngine Defects including, but not limited to, “excessive oil consumption; improper burning/consumption of abnormally high amounts of oil; premature failure of the engine balance chains; premature failure of the fuel pump plunger seal; fuel leaks into the crankcase; rough running of the engine; engine run‐on conditions; loss of power; rough idle; and/or stalling” which create a “serious risk of accident and injury” because engine failure ...

Excerpt: ... court of this state or (2) any court of record of the United States or of any state of the United States.”].) Sur‐reply The Court does not consider Plaintiff's “Reply to Defendant's Reply in Support of Defendant Demurre [sic] to Plaintiff's First Amended Complaint.” The Court did not request or authorize supplemental briefing in this matter. Factual Allegations and Procedural History This action arises out of Simas' representation of Pla...

Excerpt: ...aintiff cannot establish the essential elements of the following causes of action against Defendant San Juan Unified School District: her fourth cause of action for retaliation in violation of Government Code section 12940(h); her fifth cause of action for failure to prevent discrimination, harassment, and retaliation in violation of Government Code section 12940(k); her sixth cause of action for whistleblower retaliation in violation of Labor Co...

Excerpt: ...26 et seq. (“CUTSA”). Plaintiff alleges defendants Jeff Harrer and Joe Baldenweg obtained and used Plaintiff's trade secret information to contact and solicit Plaintiff's existing customer base to steal and take over Plaintiff's clients, customers, and existing business. The operative Second Amended Complaint (“SAC”) alleges a single cause of action for misappropriation of trade secrets against defendants Harrer and Baldenweg and the busi...

Excerpt: ...19. (ROA 129.) According to Plaintiff's proof of service, Defendant was served with the second amended complaint on December 30, 2019. (ROA 149.) Code of Civil Procedure section 583.210(a) provides that the summons and complaint “shall be served upon a defendant within three years after the action is commenced against the defendant. For purposes of this subdivision, an action is commenced at the time the complaint is filed.” (Emphasis added.)...

Excerpt: ...ber 12, 2019, ruling, Defendant previously moved to set aside the default and default judgment entered against her on March 2, 2009 on the basis that she was never served with the summons and complaint. This judge (J. Brown) denied the motion without prejudice on September 23, 2019. Defendant then moved to set aside the renewal of judgment on the basis that she did not receive notice of the Notice of Renewal filed on March 19, 2018. Defendant mad...

Excerpt: ...cipate in oral argument on the continuance date. Plaintiff Silus Mardel Valson's (“Plaintiff”) motion to set aside and vacate the judgment sustaining defendant's demurrer pursuant to CCP § 663 is DROPPED. On December 6, 2019, this Court sustained defendant California Department of Corrections & Rehabilitation's (“Defendant” or “CDCR”) demurrer to Plaintiff's First Amended Complaint without leave to amend. (ROA 38.) Judgment was enter...

Excerpt: ...July 29, 2017, in front of 7029 Amberwick Way. Plaintiff filed her personal injury form complaint on May 29, 2019, against the City and defendants Robert Moos and Karen Moos (the homeowners of 7029 Amberwick Way). Plaintiff alleges causes of action for general negligence and premises liability. The only cause of action alleged against the City is for premises liability on the basis of an alleged dangerous condition of public property. The City mo...

Excerpt: ...ble evidence which is claimed to show the existence or non‐existence of a triable issue of material fact. *** Plaintiff Northern California Collections Service, Inc.'s (“NCCS”) motion for summary adjudication is ruled upon as follows. Defendant's counsel failed to comply with CRC Rule 3.1350(h), specifying the format for the separate statement in opposition. To the extent the opposition purports to assert objections to evidence, defendant's...

Excerpt: ...iffs' complaint is ruled upon as follows. Although a meet‐and‐confer declaration did accompany this demurrer, defendants are advised that their declaration does not comply with the requirements of Code of Civil Procedure §430.41(a) which expressly mandates the demurring parties to meet‐andconfer “in person or by telephone” with the party filing the pleading that is the subject of the demurrer. Plaintiffs' counsel is reminded that the m...

Excerpt: ... hours of receipt. The hearing date shall automatically be continued one week plus one court day for oral argument. The continuance date will always be an “Appearance Required” hearing so that the self‐ represented party need not request oral argument. The Litigation Coordinator shall make Plaintiff Clark available, by COURTCALL, at 9:00 a.m. on the date of the continued hearing date, which will be March 6, 2020, to participate in oral argu...

Excerpt: ...their contents. (Herrera v. Deutsche Bank Nat'l Trust Co. (2011) 196 Cal.App.4th 1366, 1375.) Plaintiff filed this non‐ judicial foreclosure action on October 31, 2018, alleging causes of action for breach of contract, violations of Civil Code sections 2923.6, 2924.11, and 2924.17, violation of Business and Professions Code section 17200 et seq., and negligence. Plaintiff alleges Nationstar should have provided her with a permanent loan modific...

Excerpt: ...ents. (See Professional Engineers v. Dep't of Transp. (1997) 15 Cal.4th 543, 590 [judicial notice of findings of fact does not mean that those findings of fact are true]; Steed v. Department of Consumer Affairs (2012) 204 Cal.App.4th 112, 120‐121 [“[W]hile the existence of any document 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...

Excerpt: ...gment is void. Pursuant to CCP 683.170 (a), the court may vacate a renewal of judgment on any ground that would be a defense to an action on the judgment itself. Plaintiff contends that he was never served with the summons and complaint and therefore the judgment is void. Filing the renewal application (and paying the appropriate filing fee) results in automatic renewal of the judgment. No court order or new judgment is required. The court clerk ...

Excerpt: ...consider at this hearing whether to dismiss the action or instead to issue the evidentiary/issue, and or monetary sanctions. Plaintiff was given until February 11 to file and serve opposition to the issue/evidentiary and monetary sanctions first requested in the Reply. Defendant was to serve a reply on the additional sanctions issue on or before February 19. Defendant's further briefing was to address whether plaintiff has complied with the order...