Excerpt: ...nsider these motions separately. Defendants' request for judicial notice 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. Dept. 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. Dept. of Consumer Affairs (2012) 204 Cal.App.4th 112, 120‐121 (...

Excerpt: ...s exiting the mini mart he was distracted by large bright colored marketing posters placed at or near the gas pumps. Plaintiff took two steps off the curb and tripped on an unpainted wheel stop parking block. On May 17, 2021, Plaintiff served his Request for Production of Documents, Set One on Defendant. On July 16, 2021, Defendant served its responses. Thereafter, the parties exchanged meet and confer correspondence but were unable to resolve th...

Excerpt: ...cal Rule 1.06. Moving counsel is directed to contact opposing counsel and advise counsel of Local Rule 1.06 and the Court's tentative ruling procedure and the manner to request a hearing. If moving counsel is unable to contact opposing counsel prior to the hearing, moving counsel is ordered to appear at the hearing via Zoom or by telephone. Background Plaintiff filed the underlying Complaint against Defendant and others on July 15, 2020 (ROA 1.) ...

Excerpt: ...o move for an order that the parties are bound by the expert disclosures they have served. The motion is DENIED as follows. Trial was originally set in this case for April 14, 2020 and was continued to April 19, 2021. (Finelli Decl., ¶ 2.) At that point, the discovery cutoff date was March 22, 2021. On March 1, 2021, Defendants disclosed experts Andre Jardini, Gerald Murphy, and Patrick DeLangis. (Ibid., Exh. 1.) Two days later, on March 3, 2021...

Excerpt: ...ounsel and advise counsel of Local Rule 1.06 and the Court's tentative ruling procedure and the manner to request a hearing. If moving counsel is unable to contact opposing counsel prior to the hearing, moving counsel is ordered to appear at the hearing via Zoom or by telephone. Background Plaintiff Arletha Mae Johnson (“Mrs. Johnson”), by and through her attorney‐in‐fact David Johnson, Jr., commenced an action in this Court by filing a c...

Excerpt: ...ubject property from January 11, 2014 until June 28, 2018. (FAC ¶ 12.) After Plaintiffs moved in, Plaintiffs noticed the following defective conditions: (1) non‐functioning electrical outlets; (2) sewer problems; (3) construction dust; (4) faulty air‐conditioning unit; (4) termite damage; (5) biological contaminants due to water intrusion; and (6) insufficient weatherproofing. (FAC ¶¶19‐32.) Plaintiffs allege they were not aware of the d...

Excerpt: ...ll as business entities At Home Electric and Heath v. Fulkerson LLC and files this their Complaint against Albert & Mackenzie, Jeremiah Brasher, and The Hartford, and in support thereof would show the following to wit: That the Plaintiff, Heath V. Fulkerson, is an adult resident citizen of Lassen County, California, and that said Plaintiff is licensed to do business and is doing business in the State of California. That the Defendant, Albert & Ma...

Excerpt: ...ourt has jurisdiction to rule on the motion given the dismissal without prejudice. Defendant Sebright filed their supplemental brief and plaintiff's brief was due September 17, 2021. This motion was continued for several months to July 27, 2021 pursuant to CCP 437c (h). The court then continued the matter to August 31, 2021 for an update on the status of this case since no opposition to the motion was filed for the July 27 hearing date. Plaintiff...

Excerpt: ...to Plaintiff Monrell D. Murphy within 48 hours. The litigation coordinator is directed to have Plaintiff Monrell D. Murphy available at oral argument on September 23, 2021 at 1:30 pm. Appearance will be by ZOOM. Department 53 Zoom ID is: 841 204 6267. To appear on Zoom by phone, call (888) 475‐4499 or (877) 853‐5257 (toll‐free) and enter the Zoom ID referenced above for oral argument on September 22, 2021. Appearance is required. The demurr...

Excerpt: ...ollows. Defendants' request for judicial notice of the Church's Articles of Incorporation filed with the Secretary of State is granted. Plaintiff filed action on July 17, 2020. On April 22, 2021, the Court sustained Defendants' demurrer to the Complaint on all grounds, but granted Plaintiff leave to amend. Plaintiff filed her FAC on April 30, 2021. (ROA 24.) The FAC continues to assert a single cause of action for breach of trust pursuant to Corp...

Excerpt: ...ction 226.7 (unpaid rest premiums); (4) violation of Labor Code sections 1194 and 1197 (unpaid minimum wages); (5) violation of Labor Code sections 201 and 202 (final wages not timely paid); (6) violation of Labor Code section 226(a) (non‐compliant wage statements); (7) violation of Labor Code sections 2800 and 2802 (unreimbursed business expenses); and (8) violation of Business and Professions Code sections 17200, et seq. (Unfair Competition L...

Excerpt: ...fety Code section 11570. The case arose out of conditions at premises located at 1319 30th Street, Sacramento, California, then known as the "Econo Lodge." LEG Investments is the owner of the property that it leased to tenant 2002 Investors to operate the hotel business. The City's Complaint sought a permanent injunction against defendants to enjoin illegal drug activities and prostitution under the Uniform Controlled Substances Abatement Act, He...

Excerpt: ..., alleging a number of claims under FEHA, including: (1) sexual orientation discrimination; (2) sexual harassment; (3) race discrimination; (4) disability discrimination; and (5) wrongful termination. Plaintiff alleges she suffered severe emotional distress, humiliation, and mental anguish and seeks punitive damages. Defendant's counsel sent a meet and confer letter on July 7, 2021, regarding the issue, but did not follow‐up and never received ...

Excerpt: ...ises from an alleged assault and battery that took place in the street in front of property owned and rented out by Moving Defendants. Plaintiff contends Moving Defendants were negligent in that they rented the property to a dangerous tenant. Moving Defendants seek summary judgment or adjudication on the ground that they did not owe any duty to Plaintiff for an assault that occurred in a public street between Defendants' tenant (defendant Bryan H...

Excerpt: ...oon”) joinder is denied. Greenspoon proffers no legal authority that a joinder is appropriate here, especially given that Greenspoon was dismissed from this action on May 29, 2018. (ROA 30.) The notice of hearing does not provide notice of the Court's tentative ruling system, as required by Local Rule 1.06, and does not provide the correct time or department for the hearing on this matter. Moving counsel is directed to contact Plaintiffs' couns...

Excerpt: ...ainst after an investigator hired to investigate allegations of sex harassment found that he had committed sexual battery. The investigator, Ms.Lindgren, was an independent contractor hired to do the investigation District fired plaintiff over the findings of the investigation. Plaintiff alleges other facts concerning national origin harassment by a coworker but the motion does not address the claims arising from the harassment by the co‐worker...

Excerpt: ...led her Complaint on December 14, 2020. Defendant filed a demurrer, which was granted on May 20, 2021. (ROA 19.) Plaintiff filed her FAC on June 1, 2021. The FAC alleges that Defendant discriminated and retaliated against her in violation of the Americans with Disabilities Act (the “ADA”). Plaintiff alleges that she developed drug induced Dermatomyositis and drug induced Chronic Fatigue Syndrome. (FAC ¶ 2.) Plaintiff alleges she was employed...

Excerpt: ...ion and disability discrimination in violation of the Fair Employment and Housing Act (“FEHA”) and whistleblower retaliation in violation of the Labor Code and Health and Safety Code. (ROA 49.) Plaintiff alleged she was retaliated and discriminated against based upon her uterine fibrosis and that she was fired because she reported a patient safety event. On July 29, 2021, the Court granted Defendant's motion for summary judgment. (ROA 203.) D...

Excerpt: ...sked Gabi to see the books and records for HnH. Gabi performed accounting services for HnH from 2005 through 2017. In response to the request Gabi threatened to expose personal and embarrassing information about Hindy to his friends and family and to falsely tell his community that he was committing crimes like money laundering through HnH. Hindy alleges that in reality, it was Defendants Gabi, Deloris Habibeh (“Deloris”) and Blessed Family T...

Excerpt: ...d into commercial lease (“Lease”). Lal and Nijjar are collectively referred to herein as “Defendants.” The purpose of the Lease was to operate a liquor store. On December 31, 2018, Nijjar executed a guaranty agreement (“Guaranty”), personally guaranteeing the obligations of Lal under the Lease. The Lease was to commence February 1, 2019. Pursuant to the Lease, Defendants agreed to pay $2,123 in base monthly rent beginning August 1, 20...

Excerpt: ...ms within 48 hours. The litigation coordinator is directed to have Plaintiff Tio Dinero Sessoms available at oral argument on September 22, 2021 at 1:30 pm. Appearance will be by ZOOM. Department 53 Zoom ID is: 841 204 6267. To appear on Zoom by phone, call (888) 475‐4499 or (877) 853‐5257 (toll‐free) and enter the Zoom ID referenced above for oral argument on September 22, 2021. Appearance is required. Defendant Kenneth Rosenfeld's (“Ros...

Excerpt: ...erview Plaintiff is the beneficiary of, and the Successor Trustee of the Morris 1997 Family Trust (“Trust”). Plaintiff's mother, June Morris (“June”) was a settlor of the Trust. Plaintiff alleges that in June 2015, June acquired property on behalf of the Trust (“Property”). The Property is within a Common Interest Development for which the HOA acted as a Homeowners Association. Plaintiff alleges that Omni was an agent of and acted as ...

Excerpt: ...lando Blackwell within 48 hours. The litigation coordinator is directed to have Plaintiff Orlando Blackwell available at oral argument on September 22, 2021 at 1:30 pm. Appearance will be by ZOOM. Department 53 Zoom ID is: 841 204 6267. To appear on Zoom by phone, call (888) 475‐4499 or (877) 853‐5257 (toll‐free) and enter the Zoom ID referenced above for oral argument on September 22, 2021. Appearance is required. Defendants California Sta...

Excerpt: ...fficer. Santos served at Defendant State of California, Department of Forestry and Fire Protection (“Cal Fire”) between 2011 and 2016. In 2015, Cal Fire suspended Santos' peace officer status pending an administrative investigation. Cal Fire served Santos with a Notice of Adverse Action in April 2016 and dismissed him soon after. At some point, Cal Fire notified POST of Santos' dismissal, and POST changed Santos' peace officer status to “te...

Excerpt: ...he course and scope of his employment with Defendant Reliance Intermodal, Inc. at the time of the incident. In his response to Defendants' form interrogatory 6.2 which asked Plaintiff to identify any injuries attributed to the incident, Plaintiff indicated that he suffered injuries to his mid and lower back “with radicular symptoms in his left buttock and left leg; decreased lumbar range of motion in all directions, associated with paid; decrea...

Excerpt: ...rtified documents from the Secretary of State reflecting the reinstatement no later than September 15, 2021. Plaintiff failed to file the documents. As the Court stated on the August 19, 2021, Plaintiff's suspension prevents it from prosecuting or otherwise participating in the instant lawsuit. (ROA 24) In reality, the motion to strike is therefore unopposed. Though, as seen below, even if the Court considered the opposition, it provides no basis...

Excerpt: ...all or any party of any pleading not drawn or filed in conformity with the law. (See Code Civ. Pro. § 436 (a)‐(c).) A motion to strike challenges portions of a cause of action that are substantively defective on the face of the complaint. (PH II, Inc. v. Superior Court (1995) 33 Cal.App.4th 1680, 1682‐83; see also Code of Civ. Proc. § 437.) More specifically, a motion to strike should be granted to remove "any irrelevant, false, or improper...

Excerpt: ...Code and more. Plaintiff was formerly employed by AAA NCNU as a Sales and Service Associate and Trent was her former manager. In connection with her employment, Plaintiff signed an Arbitration Agreement in June 2011. (Radu Decl. ¶ 12, Exh. C) The Arbitration Agreement states that: “…Employee and NCNU agree that any and all disputes, claims, or causes of action, in law or equity, arising from or relating to Employee's employment… shall be r...

Excerpt: ...tended to defendant. The proof of service filed on 11/16/2009 indicates the summons & complaint were served on defendant Hobdy by substituted service on “Jane Doe,” described as 50 year old female with black hair, brown eyes, weighing 160 pounds and being 5'5” tall, at 4938 49th Street in Sacramento on 11/5/2009. A default was subsequently entered against defendant Hobdy on 3/12/2010, followed by a default judgment of nearly $7,000. In 2019...

Excerpt: ...ly to complete the meet‐and‐ confer process in light of the Court's commentary on this discovery dispute but also to file no later than 9/3/2021 a joint statement for the Court. According to the declaration from defendants' counsel, plaintiff in pro per Vick declined to participate in not only the requisite meet‐and‐confer process but also the preparation of the requested joint statement from the parties. The Court now rules as follows. *...

Excerpt: ... the parties entered into in December 2019. Plaintiff commenced this action in May 2020 and personally served defendant in July 2020. Having not received any answer to complaint, plaintiff served by mail to Maryland (where defendant had relocated) a request for default and default judgment on 8/24/2020. According to the Court's file, both the default and default judgment were entered on 8/25/2020. The $12,861 judgment was in the principal amount ...

Excerpt: ... Standard The Court must grant a motion for summary judgment or summary adjudication if all the papers submitted show that there is no triable issues as to any material fact and that the moving party is entitled to judgment as a matter of law. (Code Civ. Proc. § 437c(c); Mann v. Cracchiolo (1985) 38 Cal.3d 18, 35.) Section 437c(c) imposes an affirmative duty on a court to grant a summary judgment motion in an appropriate case. (Preach v. Moister...

Excerpt: ...nt to state any cause of action against Defendants. Defendants' request for judicial notice is granted. The SAC alleges causes of action for (1) negligence, (2) concealment, (3) intentional misrepresentation, (4) total equitable indemnity, (5) implied indemnity, and (6) comparative contribution. The FAC alleged causes of action for (1) negligence, (2) concealment, and (3) fraudulent inducement. Background In August 2012, HBE Corporation (“HBE�...

Excerpt: ... state facts sufficient to constitute a cause of action. (See Code Civ. Proc. § 430.10(e).) Myers LLC's request for judicial notice 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. Dept. of Transp. (1997) 15 Cal.4th 543, 590 (judicial notice of findings of fact does not mean that those findings are true); Steed v. Dept. of Cons...

Excerpt: ...ssional Engineers v. Dept. of Transp. (1997) 15 Cal.4th 543, 590 (judicial notice of findings of fact does not mean that those findings are true); Steed v. Dept. of Consumer Affairs (2012) 204 Cal.App.4th 112, 120‐121.) Defendant specifically demurs to Plaintiff's second cause of action for intentional infliction of emotional distress (“IIED”) on grounds that it fails to state facts sufficient to state a cause of action. (See Code Civ. Proc...

Excerpt: ...arly identical grounds. Therefore, in the interest of efficiency, both Demurrers are addressed in this single tentative ruling. NY Life and Kaneski's Demurrers are both SUSTAINED WITHOUT LEAVE TO AMEND for the following reasons. Procedural History This is NY Life's third Demurrer and Kaneski's first Demurrer. The Court sustained NY Life's first demurrer as to the sixth cause of action for receipt and possession of stolen property in violation of ...

Excerpt: ...nd‐hour provisions. The class is defined as: “All nonexempt employees who have or continue to work for Defendant in California from August 4, 2016 through the earlier of either June 15, 2021 or the Preliminary Approval Date.” (Exhibit A at ¶¶ 1.3 and 1.9.) Defendant Von Housen's Sacramento, Inc. filed a notice of non‐opposition to the motion. In approving a class action settlement, the Court is to determine whether the settlement is fai...

Excerpt: ...rain warranty, and a 10‐ year 120,000 mile warranty extension. (Id. at ¶ 10.) Plaintiff alleges that, “during the express warranty period, the Vehicle developed various defects, including but not limited to, defects related to the power train system, including the engine, and/or transmission; and other defects.” (Id. at ¶ 11.) On or about October 27, 2020, Plaintiff presented the car to Defendant's repair facility with various concerns in...

Excerpt: ...nt Olam West Coast, Inc. (“Olam”) filed a Memorandum of Costs on Appeal and requested $1,435,383.18 in costs ($1,469.50 for filing fees, $124.18 for preparation of reporter's transcript, $125.50 for transmitting, filing, and serving of record, briefs, and other papers, and $1,433,664.00 for premium on any surety bond on appeal). Plaintiff's motion is mainly brought to obtain proof that the costs claimed were actually incurred. In particular, ...

Excerpt: ...nd automobile accident in Folsom, California. Included within the Extended Benefits Coverage are two separate types of coverage: Wage Earner Disability Benefits and Essential Services Disability Benefits. Generally, Wage Earner Disability Benefits coverage applies to an insured's claimed lost wages during a time of total disability caused by an automobile accident. Essential Services Disability Benefits coverage applies to expenses incurred by an...

Excerpt: ...ard's Demurrer to the First Amended Complaint filed by the plaintiff, Mitchell Development Enterprises, Inc. is sustained without leave to amend for failure to state facts sufficient to constitute a cause of action. On March 18, 2021 the Court sustained the demurrer to the 1st Amended Complaint, with leave to amend. Second Amended Complaint A 14‐count felony complaint was filed in 2013 against two of the plaintiffs corporate officers, alleging ...

Excerpt: ...nator is directed to have Plaintiff Monrell D. Murphy available at oral argument on September 23, 2021 at 1:30 pm. Appearance will be by ZOOM. Department 53 Zoom ID is: 841 204 6267. To appear on Zoom by phone, call (888) 475‐4499 or (877) 853‐5257 (toll‐free) and enter the Zoom ID referenced above for oral argument on September 22, 2021. Appearance is required. The demurrer of the California Department of Corrections ("CDCR") to the First ...

Excerpt: ...parties and advise them of Local Rule 1.06 and the Court's tentative ruling procedure and the manner to request a hearing. If moving counsel is unable to contact the responding parties prior to hearing, moving counsel is ordered to appear at the hearing. Defendant's request for judicial notice of Botox Cosmetic labels accessed via the FDA website is unopposed, but is denied as these are not the proper subject of judicial notice. “Simply because...

Excerpt: ... contract” with FCA US LLC regarding a 2015 Chrysler 200 on February 14, 2015. (Comp. ¶ 15.) Plaintiff alleges that “[d]efects and nonconformities to warranty manifested themselves within the applicable warranty period, including but not limited to engine, transmission, and electrical.” (Id. ¶ 16.) Plaintiff alleges she delivered the vehicle to an authorized FCA US LLC repair facility for repair of the nonconformities but FCA US LLC was n...

Excerpt: ... of a peremptory writ with the Third District Court of Appeal, which Judge Burger‐Plavan granted. (ROA 181.) Plaintiff filed a peremptory writ, and the Third District Court of Appeal issued a peremptory writ of mandate directing the respondent court to vacate the order granting the motion for judgment on the pleadings. (ROA 187.) The Remittitur and Order were issued and served on 4/6/2021. (ROA 187.) Due to court congestion, the Remittitur was ...

Excerpt: ...ruction site. Plaintiff alleges a cause of action for negligence against ACP and its employee Tommy Brower. Plaintiff alleges that Mr. Brower was in the course and scope of his employment with ACP when he was operating a concrete boom pump in close proximity to Plaintiff resulting in injuries to Plaintiff. Plaintiff claims that he has suffered cognitive impairments and behavioral changes due to the injuries. At issue on this motion is a subpoena ...

Excerpt: ...ich is claimed to show the existence or non‐existence of a triable issue of material fact. *** Defendant Gregg Haworth's (“Defendant”) motion for summary judgment is ruled upon as follows. Overview This is an action concerning the sale of real property (“Property”). Plaintiff initially acted in pro per and filed his verified complaint on 5/7/2019 on a Judicial Council form. Plaintiff alleges that on 11/15/2016, he entered into a written...

Excerpt: ...therwise it was to expire on December 31, 2016. Plaintiff alleges that after Defendant terminated the Agreement in October 2016 for convenience that Defendant wrongfully retained possession of certain equipment. In the First Amended Complaint (“FAC”), Plaintiff alleges causes of action against Defendant for conversion, breach of contract and others. Defendant purports to move for summary adjudication as to what it contends are “separate and...

Excerpt: ... bad faith) in connection with his claim for insurance benefits with respect to an insurance policy for his 2002 Fleetwood Truck Camper (“Camper”). Plaintiff alleges that the Camper sustained water damage from a leak in the roof and that Defendant breached the terms of his insurance policy when it denied his claim. He also alleges that Defendant acted in bad faith by unreasonably withholding payments under the policy. Defendant moves for summ...

Excerpt: ... 1138.) Newberg on Class Actions (4th Ed.), the authoritative treatise on class actions, discusses the process for approving the settlement of a class action. At § 11.24, “Procedure for Submitting Class Settlement for Approval,” Newberg describes the review at the preliminary stage as the submission by the parties of the essential terms of the agreement for informal review of the settlement papers by the Court. In reviewing a request for pre...