Excerpt: ...*** Defendant United Parcel Service, Inc.'s (“UPS”) demurrer to Plaintiff Madisun Eisenbeis' (“Plaintiff”) complaint is ruled upon as follows. Overview Plaintiff alleges that sometime before 7/5/2020, she applied for work with UPS. She alleges that UPS, through co‐defendant Kevin Hollingsworth (“Hollingsworth”), offered her a position as a personal vehicle driver. At the time of the offer UPS knew that Plaintiff was employed elsewhe...

Excerpt: ...t 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 (“Rosenfeld”) demurrer to self‐represented Plaintiff Tio Dinero Sessoms' second amended complaint (“SAC”...

Excerpt: ...authorities. In addition, Defendants' opposition to both applications is contained in a single memorandum. Therefore the Court addresses both in a single ruling. This action began when Plaintiff filed his complaint against Defendants alleging a plethora of causes of action ranging from fraud, violations of the Corporations Code, breach of fiduciary duty, breach of contract, accounting and more. The action arises from Plaintiff's $500,000 investme...

Excerpt: ...ion of this motion. Overview This is an action between neighbors. Defendants' property sits 15‐20 feet above Plaintiffs' property to the north on a hill. Plaintiffs allege that “[Defendants] Wills have taken advantage of the natural contours between their two respective properties to install drainage tubes that direct all of their dog‐feces contaminated water runoff on to the Reeds' property, befouling the Reeds' backyard and destroying the...

Excerpt: ...erk entered the dismissal that same day. (Register of Actions ("ROA") 199.) On July 15, 2021, Defendants filed a Memorandum of Costs seeking total costs of $2,892.25. On August 2, 2021, Intervenors filed a Motion to Tax Costs. Legal Standard Prevailing parties are “entitled as a matter of right to recover costs in any action or proceeding.” (Code Civ. Proc. § 1032(b).) The term “‘Prevailing party' includes the party with a net monetary r...

Excerpt: ...GRANTED. Defendants Churchwell White, LLP, Barbara A. Brenner, and Robin R. Baral (“Defendants”) oppose the motion. Request for Judicial Notice Defendants' Request for Judicial Notice (“RJN”), which attaches the pleading in this action, is unopposed and is GRANTED. Background This malicious prosecution action arises from an underlying action that was dismissed as to Plaintiffs by way of their anti‐SLAPP motion, such that this is a SLAPP...

Excerpt: ...lso authorizing three particular members of the Association's Board of Trustees to take control of the Association's accounts held at Chase Bank is ruled on as follows. Both moving and opposing counsel failed to comply with CRC Rule 3.1110(b)(3)‐(4). Factual Background This action arises from a dispute relating to the control of the assets including bank accounts of the Association, a nonprofit corporation formed for the purpose of becoming the...

Excerpt: ...aud, negligent misrepresentation, and unlawful business practices. Plaintiffs allege that Defendants created and deployed a fake air monitoring device affixed with a label that said “SMAQMD Air Monitoring Station,” and included the name and contact information for SCS Engineering employee Paul Schafer. Plaintiffs allege that the fake device and label were meant to deceive Plaintiffs, their employees, and their vendors by creating the false ap...

Excerpt: ...based on the new hearing date. No supplemental opposition was filed. The Court therefore analyzes the motion based on the original papers filed in connection with the May 13, 2021 hearing date. Plaintiffs Char Feagins, et al. filed the instant wrongful death and survival action alleging a single cause of action for negligence/wrongful death against Defendant. They allege that J.C. Feagins, IV (the “Decedent”) was in custody at the Sacramento ...

Excerpt: ...ate status with the Secretary of State is "FTB Suspended" for its failure to pay taxes, and that given this suspended status, Defendant may not oppose the instant motion or defend itself in this action during the suspension. (Declaration of Attorney Daniel K. Ohl ("OhI Decl.") ¶¶ 4‐6, RJN, 112, Ex. L.) While Defendant filed papers in opposition to the instant motion, the Court did not find it necessary to consider the substance of those paper...

Excerpt: ...�Plaintiffs”) is ruled on as follows. Plaintiffs oppose the motion. This is an insurance bad faith action. Plaintiffs were allegedly shareholders, officers and/or directors of a suspended California corporation called Sacramento A‐1 Door. Defendants were Plaintiffs' insurance brokers. Plaintiffs' First Amended Complaint ("FAC") alleges damages resulting from the absence of insurance coverage available to defend and indemnify them from the cla...

Excerpt: ...s granted. In taking judicial notice of these documents, the court accepts the fact of their existence, not the truth of their contents. Trial is currently set to commence on September 21, 2021. The Court notes that a further discussion of the case can be found in the ruling on Defendant's Motion for Judgment on the Pleadings, also on today's calendar. In this action, Plaintiffs Baystone and Metro Health Systems' (“Metro") original Complaint al...

Excerpt: ...ersion, and trespass to chattels. Plaintiffs allege that Defendant agreed to sell a 55% interest in Metro and its permitted cannabis retail store in exchange for $800,000. Plaintiffs allege that the parties also entered a Continuity Agreement and that Baystone would receive an equal number of seats on Metro's board. Plaintiffs allege that Defendant has failed to comply with the parties' “partnership” and has been attempting to exclude Bayston...

Excerpt: ...r past business income, future lost income, or economic damages related to alleged delay in completing the construction of the building at 9250 Big Hom Boulevard. In response to the Request for Admissions, Plaintiffs Mahmoud Khattab and Mahmoud Khattab, MD, Inc. admitted that they were not making damages claims for past income, future income, or economic damages related to delay in construction. However, Big Horn denied the Requests for Admission...

Excerpt: ...its employee forklift operator, negligently operated a forklift, causing a forklift load of stone slabs to fall onto Plaintiff while his truck was being loaded. Requests Nos. 11 and 12 seek policies and procedures to be followed by Defendant's employees when loading or unloading trailers on Defendant's property (No. 11) and when operating equipment, including fork‐lifts while on Defendant's property. (No. 12) Requests Nos. 16‐21 seek document...

Excerpt: ... One, is DENIED. This matter involves an agreement in which Plaintiffs hired CEE to construct gas processing facilities. Disputes have since arisen over, among other things, the cost of the facilities and obligations to pay. On May 3, 2021, Plaintiffs served Requests for Admissions, Set One. (Block Decl. ¶ 6.) CEE served written responses on June 2, 2021. (Block Decl. ¶ 7.) The parties then met and conferred and agreed any supplemental response...

Excerpt: ...concerning the motion to amend the complaint are granted. Plaintiff in his opposition requests leave to amend if the Court is inclined to grant the motion. That request is denied as the proposed amendment does not raise a triable issue of material fact. Plaintiff's evidentiary objections are overruled and in any event the evidence objected to was not necessary to the Court's ruling. This action involves a dispute over a 1991 Buy‐Sell agreement ...

Excerpt: ...ing sourdough bread. Until 2016, Plaintiffs operated their sandwich restaurants under a license issued by Defendants, which allowed Plaintiffs to use Defendants' trademarks. Pursuant to the license, Plaintiffs promoted their restaurants under the name “Sourdough & Co.” Plaintiffs terminated their licenses in 2016 and executed new licenses with WCSD, Inc. Plaintiffs then began operating their restaurants under the name and brand “West Coast ...

Excerpt: ...follows. Defendants request for judicial notice is granted. Plaintiff originally filed this purported class action on February 19, 2021, alleging claims for failure to pay wages, failure to provide meal and rest periods, failure to provide accurate itemized wage statements, failure to pay wages on termination, and unfair business practices. (ROA 1.) Plaintiff then filed the operative Amended Complaint on April 29, 2021, which alleges only a singl...

Excerpt: ... 368, n. 7. Plaintiff, a retired doctor who taught English as a second language, alleges she was injured on January 6, 2020 when an extremely loud horn blast from a gold‐line SacRT light‐rail train caused abrupt loss of hearing in her right ear when she was exiting near 24 Hour Fitness at 7th Street. She alleges she has lost her hearing and was required to undergo a hip replacement when she fell after the horn blast. She contends that the hor...

Excerpt: ...g and the parties should be prepared to point to specific evidence which is claimed to show the existence or non‐existence of a triable issue of material fact. *** Defendants James Koch and Yvonne Koch's (“Defendants”) motion for summary judgment, or in the alternative, summary adjudication is ruled upon as follows. This is a personal injury action. Plaintiff Anita Lamb (“Plaintiff”) alleges that on October 25, 2017, she tripped on a co...

Excerpt: ...d Development Center (“Case”), a state funded preschool, where Plaintiff was attending preschool. Plaintiff alleges that CDI controlled and operated the pre‐school program and that CDI negligently hired/retained Mr. Turks, despite a prior record of similar conduct at his place of prior employment and CDI's knowledge of his unfitness as an employee. The third cause of action for negligence is the only cause of action asserted against CDI. In...

Excerpt: ...ement to produce documents in response to requests for production sets one, two, and three. The court's ruling stated in its entirety: “Plaintiff's motion to compel Defendant Hunter Services, Inc.'s (“Hunter”) compliance with its agreement to produce documents in response to requests for production sets one, two, and three is ruled upon as follows. The court observes that Hunter filed a untimely “non‐opposition” to the motion. The “...

Excerpt: ...delivery van crashed into their vehicle. Soon Express is a Delivery Service Partner (“DSP”) of Amazon providing transportation and delivery of Amazon packages. Plaintiffs allege that Amazon is vicariously liable for their injuries. Specifically Plaintiffs claims that Soon Express was acting as Amazon's agent acting within the scope of its authority at the time of the accident and/or was Amazon's employee. At issue on this motion is a single r...

Excerpt: ...iled their cross‐ complaint against TKE alleging causes of action for equitable and express indemnity. Cross‐complaints now seek leave to file a first amended crosscomplaint to add causes of action for breach of contract and a prayer for attorneys' fees based on a claimed failure by TKE to defend and indemnify them pursuant to a hold harmless provision in a Building Services Contract. Cross‐Complainants bring the motion pursuant to CCP § 4...

Excerpt: ... at that time was the bankruptcy estate of Rock Ridge Properties, Inc. for Bankruptcy Case No. 15‐29103‐D ‐7 filed in the United States Bankruptcy Court for the Eastern District of California. The trustee of the bankruptcy estate was Susan K. Smith (“Smith”). In January 2019 Smith indicated that she was going to sell the Property to use the proceeds to pay creditors of the bankruptcy estate. Such a sale would have had the effect of canc...

Excerpt: ...he opposition provides no basis to deny the instant motion. In this real property dispute, Plaintiffs seek to have judgment entered pursuant to CCP § 664.6.in accordance with the parties' settlement agreement reached after mediation and approved by all parties and their respective counsel. Plaintiffs initially filed the instant lawsuit in February 2021 in connection with their purchase of a home from Defendants, whom Plaintiffs contend are exper...

Excerpt: ...FI”) consisting of customer names, addresses, dates of birth, social security numbers and account information. The 1AC asserts that an employee of Bank downloaded customer data to a personal storage drive and then sent the information to a third party, thereby exceeding his/her authorized access to the data which was otherwise limited to “legitimate bank purposes.” (1AC, ¶1.) According to the 1AC, Bank discovered the breach on 9/29/2020 bu...

Excerpt: ...ing procedure and the manner to request a hearing. If moving counsel is unable to contact plaintiff prior to hearing, moving counsel is ordered to appear at the hearing via Zoom or by telephone. In this elder abuse action, Defendant moves to file the following records under seal in support of its upcoming motion for summary judgment, or in the alternative, for summary adjudication: 1) Portions of the declaration of Bruce Helberg (Helberg) filed i...

Excerpt: ...ael, Inc., McGregor Home Garfield, Inc., McGregor Home Rancho, Inc., and McGregor Home Mt. Vernon, Inc. on October 30, 2018. (ROA 1.) The complaint alleged 11 causes of action, including wage and hour violations and fraud. (Ibid.) Helen Yee was added as a defendant on November 5, 2018. (ROA 9.) Defendants Yee and So filed answers on December 14 and 28, 2018, respectively. (ROA, 11, 24.) Plaintiffs requested entry of default with respect to the De...

Excerpt: ...uest) to Defendant on March 24, 2021. (Mov. Mot. P&A, p. 3.) On April 27, 2021, Plaintiff's counsel was emailed a proposed Stipulation and Protective Order concerning the handling of documents designated as confidential materials responsive to the Request. (Ibid.) Defendant served a response to the Request on April 28, 2021. (Ibid.) Plaintiff argues that response failed to comply with Code of Civil Procedure § 2031.280 (§ 2031.280) and the Stip...

Excerpt: ...t time of the accident. Amazon was named under vicarious liability and agency theories because Plaintiffs contend Amazon's subcontractor, Soon Express, carries insufficient insurance to cover the damages sustained in the accident. This motion seeks a protective order concerning Plaintiffs' Fifth Set of Requests for Admission (Set Five) and Fourth Set of Form Interrogatories (Set Four), which were served on Amazon on May 28, 2021. (Johnson Decl., ...

Excerpt: ...e three specific grounds for this demurrer 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. *** The notice of demurrer does not provide notice of the Court's tentative ruling system, as required by Local Rule 1.06, nor does it provide the correct address for Dept. 53/54. Moving counsel is directed to contact opposing counsel ...

Excerpt: ...o reminded that pursuant to local rules, only limited oral argument is permitted on law and motion matters. *** Factual Background This putative class action commenced on 3/16/2021 arises from a data breach involving “Private Financial Information” (“PFI”) consisting of customer names, addresses, dates of birth, social security numbers and account information. The 1AC asserts that an employee of Bank downloaded customer data to a personal...

Excerpt: ...arbara Mello, and Steven Mello (“Plaintiffs”) filed a Petition for Order Directing Payment Out of the Victims of Corporate Fraud Compensation Fund (“Petition”) against Defendant Dr. Shirley N. Weber in her official capacity as California Secretary of State (“Defendant”). According to Plaintiffs' Petition, Plaintiffs are individual investors who were victimized by Lee Loomis (“Loomis”) and his corporate entities in a corporate frau...

Excerpt: ...le on Plaintiff's "Objection to Defendants' Objections to Evidence." Plaintiff's Failure to File Responsive Separate Statement At the outset, the Court notes that a self‐represented party is to be treated like any other party and is entitled to the same, but no greater consideration than other litigants and attorneys. (Williams v. Pacific Mutual Life Ins. Co. (1986) 186 Cal.App.3d 941, 944.) Thus, as is the case with attorneys, self‐represent...

Excerpt: .... The parties reached an informal settlement in which Plaintiff agreed to dismiss the action in exchange for the statutory repurchase of the subject motorcycle, with attorneys' fees and costs to be determined by motion. Pursuant to the settlement, the parties stipulated that Plaintiff is the “prevailing party” for purposes of this motion. The Act provides that a court “shall” award a prevailing buyer a “sum equal to the aggregate amount...

Excerpt: ...) This is a class and representative action alleging Defendant Safe Credit Union violated a number of wage‐and‐hour provisions. The class is defined as “All current and former California non‐exempt employees of Defendant within California who worked at least one shift at any time between July 30, 2015 and January 8, 2021.” Defendant filed a Statement of Non‐Opposition to both motions. In approving a class action settlement, the Court ...

Excerpt: ...Defendant's and Plaintiff's requests for judicial notice are granted. Defendant's notice of motion states it “brings this motion on the grounds that AIG's claims lack support in both law and evidence.” The notice of motion does not comply with the requirements of Rule of Court 3.1350(b), which provides: “If made in the alternative, a motion for summary adjudication may make reference to and depend on the same evidence submitted in support o...

Excerpt: ...r other amounts awarded against Plaintiff in this litigation; and requiring Plaintiff to obtain leave of court before filing any new litigant in propria persona in the courts of California, consistent with Code of Civil Procedure section 391.7. The motion is ruled on as follows. The notice of motion states ISS makes the motion on the following grounds: (1) Plaintiff has attempted to relitigate issues, without regard to procedure or merit, even af...

Excerpt: ...lations Board (“NLRB”) alleging retaliation in engaging in concerted activity to improve working conditions. The NLRB dismissed Plaintiff's charge that she was placed on administrative leave in retaliation for concerted protected activities. Plaintiff thereafter filed her complaint in this Court alleging five causes of action: (1) Violation of Labor Code § 1102.5; (2) Violation of Labor code § 6310; (3) Failure to Provide Adequate Meal and ...

Excerpt: ...ing party forthwith and advise counsel of Local Rule 1.06 and the Court's tentative ruling procedure. If counsel for moving party is unable to contact counsel for opposing party prior to the hearing, counsel for moving party shall be available at the hearing, via Zoom video or audio, in the event opposing party appears without following the procedure set forth in Local Rule 1.06(B). Plaintiff is a former non‐exempt employee of Defendant Life Ge...

Excerpt: ...nd the Court's tentative ruling procedure. If counsel for moving party is unable to contact counsel for opposing party prior to the hearing, counsel for moving party shall be available at the hearing, via Zoom video or audio, in the event opposing party appears without following the procedure set forth in Local Rule 1.06(B). Plaintiff Jazmine E. Tucker ("Plaintiff") filed a Complaint against FCA US LLC and Elk Grove Dodge arising from a purchase ...

Excerpt: ...against Plaintiff entered on May 27, 2021 (“the Judgment”) to stay enforcement of the Judgment during the pendency of Conservator's appeal. The motion is ruled on as follows. Defendant's motion is made pursuant to Code of Civil Procedure section 917.9 on grounds that the Court should exercise its discretion and require a bond or undertaking from Conservator because: (1) the judgment is large, and will almost certainly increase by a substantia...

Excerpt: ...or Dept. 53/54. Moving counsel is directed to contact opposing counsel 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 counsel is unable to contact opposing counsel prior to hearing, moving counsel is ordered to appear at the hearing. Defendant Singh's request for judicial notice of his Driver Logs is DENIED as the docum...

Excerpt: ...nly known as Madeira East Village, constructed and sold by Taylor Morrison of California, LLC, and other related entities. Defendant seeks to stay the action and to compel compliance with SB 800 Right to Repair Act. (Civil Code 930(b) Plaintiffs and Taylor Morrison were actively engaging in the pre‐litigation process as required SB 800, which affords Taylor Morrison the absolute right to inspect and effectuate repairs to Plaintiffs' homes befor...

Excerpt: ...ir Employment and Housing Act (FEHA) violations, including sex and race harassment. Plaintiff alleges in her Complaint that individual Defendant Mark Carrillo ("Carrillo") harassed her on a daily basis, that individual Defendant Brent Harwood ("Harwood") constantly made racially and sexually offensive comments and conduct to her throughout her employment, that both Carrillo and Harwood made such comments in front of other coworkers, and Plaintiff...

Excerpt: ...ided the cat needed an injection. "The employees put a blanket over the head of the Plaintiff's cat. One employee held the Plaintiff's cat's head and neck and then asked Plaintiff to hold her cat's rear legs, and Plaintiff did so. As an employee was getting ready to inject the Plaintiff's cat, the Plaintiff's cat turned and bit Plaintiff's right hand." (First Amended Complaint, ¶ IX.) Plaintiff alleges a single claim for personal injuries based ...

Excerpt: ...t in an expedited fashion. (See ROA 12) The Request for Judicial Notice by Plaintiff James V. Lacy is denied. Plaintiff asks the Court to take judicial notice of information about an ongoing murder trial as well as a news article and television news clip related to the trial. A news article and a television news clip cannot be used to establish the truth of the matters asserted. Courts should not take judicial notice where the subject matter is n...

Excerpt: ...g system. If moving counsel is unable to contact the opposing parties prior to hearing, moving counsel is ordered to appear at the hearing. This action arises from an alleged an assault and battery. Plaintiff filed his complaint on December 17, 2019, alleging claims for negligence per se, assault, battery, and intentional infliction of emotional distress against defendant Bryan Hart (“Hart”) and alleging claims for negligence against defendan...