Excerpt: ... leave to amend. Paul is incarcerated and both Plaintiffs are proceeding in pro per. Plaintiffs filed the Complaint for civil rights violation, cruel and unusual punishment, negligence, and breach of duty on February 8, 2021. Paul alleges he was subjected to deliberate indifference in violation of the Eighth Amendment (cruel and unusual punishment) when attacked in prison on January 24, 2020, and that Defendants were negligent because the unnamed...

Excerpt: ...nimum wages, provide meal and rest breaks, and more in violation of the Labor Code. By way of the instant motion Plaintiff seeks leave to file a first amended complaint to allege that the Defendants are personally liable under Labor Code § 558.1. Plaintiff also seeks to make other minor changes including removing a defendant. Plaintiff also seeks to reopen discovery on the basis that a significant period of time has passed since the initial tria...

Excerpt: ...l 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 hearing, moving counsel is ordered to appear at the hearing by Zoom or by telephone. The notice of motion does not comply with Code of Civil Procedure §1010 or CRC Rule 3.1110(a). Factual Background This is a lemon law case in which defendant has demanded to inspect plaintiff's vehicle. Afte...

Excerpt: ...e 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 hearing, moving counsel is ordered to appear at the hearing by Zoom or by telephone. The notice of motion does not comply with Code of Civil Procedure §1010 or CRC Rule 3.1110(a). Factual Background This action was commenced on 3/1/2019 and plaintiff generally alleges he suffered harassment, disc...

Excerpt: ...assment, failure to prevent harassment/retaliation and retaliation. Plaintiff alleges that he interviewed with Defendant Arakji for a position at GSA as an Information Technology Specialist 1 in April 2019. (Comp. ¶ 14.) He alleges that Defendant Arakji offered him the position in May 2019 and he accepted. (Id.) Plaintiff alleges that Defendant Arakji began to engage in inappropriate conduct soon after he started the position. He alleges that De...

Excerpt: ...rescent Hotels & Resorts, LLC (“Crescent”) and 9750 Airport Management, LLC (“9750”) (collectively “Defendants”). On December 8, 2016, plaintiff Anatoli Romanov ("Plaintiff Romanov") filed a class action complaint entitled Anatoli Romanov v. Crescent Hotels & Resorts, LLC, et al., in the Sacramento County Superior Court, Case Number 34‐2016‐00204535 (the "Romanov Action"). The Romanov Action asserts the following causes of action ...

Excerpt: ...der FEHA for age discrimination, harassment based on age, and retaliation. He also alleges a cause of action for constructive discharge Prior to the instant motion to strike, Defendant demurred on three occasions to the previous iterations of the complaint. Defendant moves to strike paragraph 10 of the 5AC which alleges that prior to the 2016 school year, Defendant “notified Plaintiff that he would be involuntarily removed from teaching high sc...

Excerpt: ...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 Zoom, telephonically, at 9:00 a.m. on the date of the continued hearing date, which is August 25, 2021, to participate in oral argument. To appear on Zoom telephonically, cal...

Excerpt: ...mended Class and Representative Action Complaint (SAC), Defendant Roofline, Inc. (Defendant) is a roofing and building material supplier and delivery company. (SAC, ¶ 14.) Plaintiffs and other non‐exempt employees were required to load heavy building materials from Defendant's warehouse to flatbed trucks, and then deliver the orders to Defendant's customers or job sites. (SAC, ¶ 15.) On November 27, 2019, Plaintiff Gary Sifuentes filed a clas...

Excerpt: ...2012. Kohl filed a lawsuit against the Truongs in July 2012, claiming the Truongs breached their contract (Construction Action). The Truongs hired Larry Ring, Esq., who filed a cross‐complaint against Kohl in August 2013. Larry Ring withdrew from representation of the Truongs in May 2014. The Truongs then retained the law firm Nageley, Meredith, & Miller, Inc., where attorneys Jim Keowen and Andrew Weil (Keowen and Weil, respectively) handled m...

Excerpt: ...laint alleged negligent and intentional infliction of emotional distress and the following violations of the Fair Employment and Housing Act: (1) discrimination on the basis of race, ancestry, national original, or color; (2) disability discrimination; (3) retaliation; (4) hostile work environment based on race, ancestry, national origin or color; (5) hostile work environment based on disability; (6) hostile work environment based on Plaintiff's ...

Excerpt: ...est Service Co. Inc. (Plaintiff) filed the underlying complaint on November 25, 2020 against Defendant Lisa Wiley (Defendant), alleging common counts. (ROA 1.) Defendant failed to respond to the summons and complaint. Plaintiff requested Entry of Default against Defendant on March 17, 2021, which the Court entered on that same date. (ROA 7, 8.) Defendant now moves to set aside the entry of default and Plaintiff opposes the motion on the merits. A...

Excerpt: ...deral Action Plaintiff Shannon Dockery (“Plaintiff”) filed an action on March 9, 2021, in the United States District Court for the Eastern District of California, Dockery v. Frontier Communications Corp., No. 2:21‐cv‐416‐ TLN, in which she seeks to represent a nationwide class and a California statewide class (the “Federal Action”). Plaintiff's original Complaint in the Federal Action Plaintiff alleged 13 causes of action under the ...

Excerpt: ...smissing Plaintiff's putative class/representative action claims in accordance with the class/representative action waiver contained in the DRP; and staying this action until an arbitration was conducted and concluded. Plaintiff opposes the motion, arguing his PAGA claim cannot be compelled to individual arbitration because (1) Iskanian v. CLS Transp. Los Angeles, LLC (2014) 59 Cal.4th 348, bars individual arbitration of PAGA claims as against pu...

Excerpt: ...udgment 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 Rainbow (1993) 12 Cal.App.4th 1441, 1450.) The Court...

Excerpt: ...(“PMK”) regarding insurance provisions in the 2018 contract between WCA and CCSD. CCSD has filed a concurrent motion to compel the same depositions and request for sanctions. As the motions involve the same two depositions and substantially similar issues and arguments, the Court will address both motions in this single ruling as follows. Factual and Procedural Background This action arises out of an incident that occurred on July 14, 2018, w...

Excerpt: ...uality Water Management, Inc.'s and Josh Brown's (collectively, “Defendants”) purported failure to pay overtime and minimum wages, failure to provide meal and rest periods, and failure to provide accurate wage statements. Plaintiff further alleged Defendants' policies and practices resulted in unfair competition and violated PAGA. Defendants deny the allegations, but the parties have been able to reach a compromise. Settlement Class Definitio...

Excerpt: ...mber 12.1 asked GM to identify witnesses and individuals who witnessed the "INCIDENT," made statements, or have knowledge of the "INCIDENT." GM objected, but also responded: "Other than (i) Plaintiffs, (ii) employees of the dealership(s) where the vehicle was serviced, and (iii) GM call center advisors with whom Plaintiffs may have communicated regarding the SUBJECT VEHICLE, GM is not aware of any other individuals who have information. According...

Excerpt: ... and Plaintiff fails to show that any classification adopted by the Tiered Registry Law is not rationally related to any conceivable state objective. The demurrer is ruled on as follows. The notice of motion does not provide notice of the Court's tentative ruling system, as required by Local Rule 1.06(D). Counsel for moving party is directed to contact opposing party forthwith and advise counsel of Local Rule 1.06 and the Court's tentative ruling...

Excerpt: ...r and race and in retaliation for making an internal complaint of discrimination/harassment against her supervisor. At issue on the instant motion are Plaintiff's responses to SMUD's requests for admissions (set one) and the accompanying form interrogatory 17.1 (which asks for facts/witnesses/documents supporting any denial of the request for admissions). The subject discovery relates to Plaintiff's allegations that she suffered severe emotional ...

Excerpt: ...mine whether a proposed 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)...

Excerpt: ...essed and used his medical records in connection with their divorce and child custody proceedings. This Court previously granted Defendant's motion for summary judgment but that order was reversed by the Third District Court of Appeal as to the causes of action for invasion of privacy and IIED. Plaintiff is not claiming any bodily injury in this action though he does allege that experienced significant emotional distress as a result of the use of...

Excerpt: ...at the hearing 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. *** Defendant Terminix International Company Limited Partnership's (“Terminix”) motion for summary judgment, or in the alternative, summary adjudication is ruled upon as follows. Overview This action is essentially a landlord/tenant dispute due to a bed‐bug infestation...

Excerpt: ...leging causes of action for breach of contract, breach of the covenant of good faith and fair dealing, “deceit,” “concealment,” based on allegations that Plaintiff charges credit card interest in excess of allowable rates. Cross‐complaint seeks leave to amend his cross‐complaint which he originally filed in March 2019 to delete two causes of action for deceit and fraud to “streamline[] his action into two causes of action which will...

Excerpt: ... Rite Aid store located at 6661 Auburn Boulevard, Citrus Height, California. As Decedent entered the store, she was knocked to the floor by fleeing robbers of the pharmacy causing Decedent to suffer serious injuries which ultimately caused her demise. Decedent was urgently hospitalized for said injuries and died on December 2, 2017. They further allege that Defendants Thrifty Payless, Inc. d.b.a Rite Aid (“Defendant”) “had actual and/or con...

Excerpt: ...eks to seal the entirety of Kathryn Hoops' deposition transcripts which are exhibits C‐E in support of the motion for summary judgment. Defendant contends that the transcripts contain proprietary, confidential and private information. Defendant also seeks to seal portions of its memorandum of points and authorities, and portions of its separate statement in support of its upcoming motion for summary judgment that reference Helberg's declaration...

Excerpt: ...21, by the Hon. Cecily Bond (ret.) in Respondent's favor. The arbitration arose from Petitioners' claims for intentional misrepresentation, breach of contract and the breach of covenant of good faith and fair dealing in connection with Respondent's sale of Insight Computing, LLC and Shedlight Technology, LLC to them. Petitioners claimed that Respondent provided inaccurate and misleading information regarding the financial condition of the compani...

Excerpt: ...ENIED IN PART as follows. Background This litigation arises from a business dispute in which Plaintiffs Ericson Real Estate LLC, Chris MacPhail, and Dorothy MacPhail (“Plaintiffs”) allege that Defendants 3 Point Real Estate & Construction, Inc. (“3 Point”) and Chris MacPhail (“Chris”) took profits belonging to the partnership. According to Plaintiffs' Third Amended Complaint, Plaintiff Scott Ericson (“Scott”) met Chris and his wif...

Excerpt: ...Defendant then filed an Answer. Attached to the Declaration of Hanna Kerfan (“Kerfan Decl.”) as Exhibit "2" are Defendant's Responses to Plaintiff's Request for Admissions (“RFAs”). Plaintiff asserts that “In response to the Request for Admissions, Defendant implicitly admitted they were issued the Credit Card in question and directly admitted that they were the only person to use the credit card in question. Furthermore, Defendant admi...

Excerpt: ... investment property. Now that they are no longer in a relationship, each disputes the other's interest(s) in that investment property. (Compare Compl. with Cross‐Compl.) Plaintiff Christopher Steele initiated this action when he filed his verified complaint on September 27, 2019, alleging a cause of action for partition by sale of real property and a cause of action for accounting. According to Plaintiff's Complaint, the real property at issue...

Excerpt: ... vehicle had not been involved in any collisions. Based on this representation, plaintiffs agreed to purchase the vehicle and executed a Retail Installment Sales Contract (“RISC”) pursuant to which plaintiffs made a $1,500 down payment and financed the remainder of the $11,988 purchase price plus taxes and other fees. This RISC was later assigned to Westlake Services, LLC (“WSL”). Plaintiffs subsequently discovered the vehicle had been in...

Excerpt: ...(Plaintiff) and various Defendants with respect to a purchase and sales agreement for the purchase of real property known as the Howe Manor Apartments (the Property) for $15,800,000. Plaintiff filed its original complaint on September 13, 2019 (ROA #1), a First Amended Complaint on October 24, 2019 (ROA #9), a Second Amended Complaint on July 16, 2020 (ROA #137), and a Third Amended Complaint on June 5. 2019. (ROA #165.) According to the Third Am...

Excerpt: ...clerk and opposing party of the specific issues and/or causes of action that will be addressed at the hearing. The parties are reminded that pursuant to local rules, only limited oral argument is permitted on law and motion matters. *** Background This action arises out of plaintiff's imprisonment following his 2003 conviction for arson, for which he was sentenced to 21 years in state prison as well as 16 months for probation violation. Plaintiff...

Excerpt: ...d Lane, Sacramento, CA 95833 and the ARCO/AMPM gasoline station operating on the real property. Plaintiff alleges that her husband assisted her, but neither Plaintiff nor her husband were experienced in the gas station business and relied on Chandi's representations about his extensive experience in such dealings in entering the transaction. Plaintiff contributed $900,000 towards the purchase. The real property and gas station were purchased in t...

Excerpt: ...s") Motion for a Protective Order to Prevent the Deposition of the Person Most Knowledgeable ("PMK") from Plum Healthcare Group, LLC Regarding the Management Agreement Between GI Partners and Plum Healthcare Group LLC is denied. Plaintiffs Gerard Follettie, by and through his successor‐in‐ interest, Gerard Joseph Follettie; Gerard Joseph Follettie, individually, Gary E. Follettie, individually, Cindy Lehr, individually; and Kimberly G. Phipps...

Excerpt: ...biting his deposition until he is cleared by his treating physicians to appear for deposition. Mr. Sanders is 92 years old, suffers from hearing loss and has dementia. In the moving papers, Mr. Sanders argues he did not witness the subject accident and he was not involved in the subject accident. Mr. Sanders submitted a declaration of his physician, Chor Vang, signed under penalty of perjury that states: 3. Over the past several years, I have obs...

Excerpt: ...eers 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.) Plaintiff David Ben Vanenger purchased a 2014 Jeep Wrangler (“the Vehicle”) manufactured by Defendant FCA. (Compl. ¶ 7.) The purchase was memorialized in the sales contract titled Retail Installment Sale Contract ‐ Simple Finance Char...

Excerpt: ...efendant's request for judicial notice is granted. Defendant alleges Plaintiff's first cause of action for implied‐in‐fact contract, second cause of action for open book account, third cause of action for quantum meruit, and fourth cause of action for quantum meruit each fail because Plaintiff was required to accept as payment in full the Medi‐Cal fee schedule amounts set by state and federal law. Defendant also claims the first cause of ac...

Excerpt: ...ctions filed with Plaintiffs' reply because the matters objected to were not material to the Court's determination of this motion. Overview This is a personal injury action arising out of an accident between two trucks. Hall is sued as an individual doing business as Panther Pilot Car. Hall was following one of the trucks involved in the accident performing pilot car services for the second truck. On April 30, 2021, Plaintiffs served form interro...

Excerpt: ...twelfth cause of action for fraudulent concealment in Plaintiffs' operative complaint. The motion is ruled on as follows. Plaintiffs' 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 ...

Excerpt: ...Plaintiffs allege that Defendants provided negligent pre‐natal care and failed to provide adequate care related to Night‐Naiome's delivery. At the time of Night‐Naiome's birth, Mr. and Mrs. Pearson were enrolled as members of Kaiser Foundation Health, Inc. under a group membership agreement between Kaiser and Mr. Pearson's union. When Mr. Pearson enrolled himself and his wife in the health plan, he completed an Active Plan and Special Plan ...

Excerpt: ...015, (2) a single sentence of the Medical Board of California's Expert Reviewer Guidelines, that was not attached to the copy of the request that was served on Petitioner, and (3) the dissent in an unrelated and irrelevant case. “Taking judicial notice of a document is not the same as accepting the truth of its contents or accepting a particular interpretation of its meaning.” ) While courts take judicial notice of public records, they do not...

Excerpt: ...es in pertinent part: "The reference is pursuant to Code of Civil Procedure section 639 and is solely for purposes of hearing all current and future discovery motions. Motions concerning procedural issues (i.e., motions to reopen discovery, motion to change the discovery cutoff, etc.) are not within the scope of the reference." (ROA 784). This elder abuse case has a trial preference date of October 12, 2021. Plaintiff Helen Williams was a residen...

Excerpt: ...ied. Plaintiff's motion is made upon the grounds that (1) Defendant improperly asserted boilerplate objections without justification, and (2) Defendant refuses to provide Codecompliant supplemental responses. Defendant opposes the motion arguing that its objections based upon the privacy of its employees encompassed by the two requests are valid and meritorious, and that Plaintiff has not satisfied its burden to overcome the privacy protections o...

Excerpt: ... with the issues presented by this motion is in dispute. “Taking judicial notice of a document is not the same as accepting the truth of its contents or accepting a particular interpretation of its meaning.” (citation omitted) While courts take judicial notice of public records, they do not take notice of the truth of matters stated therein. (citation omitted) ‘When judicial notice is taken of a document, … the truthfulness and proper int...

Excerpt: ... 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 California Department of Corrections and Rehabilitation (“CDCR”) and California Correctional Health Care Services' (“CCHCS”) (collectively “Defendants”) motion for summary judgment, or in the alternative, motion for summary adjudication is ruled upon as follows....

Excerpt: ...ce which is claimed to show the existence or non‐existence of a triable issue of material fact. *** Defendant California Department of Corrections and Rehabilitation's (“CDCR”) motion for summary judgment, or in the alternative, summary adjudication is ruled upon as follows. The court observes that in its answer and demurrers to the second and third amended complaint, CDCR identifies itself as “Defendant, California Department of Correcti...

Excerpt: ...tability defects including mold and mildew growth, water leaks, no heat, defective heater, rodent infestation, cockroach infestation, and inadequate weather stripping, among other defects. Plaintiff alleges causes of action for Breach of the Warranty of Habitability (Civil Code 1941) Violation of Civil Code 1942.4, Breach of Contract Civil Code 3300, Breach of Quiet Enjoyment Civil Code 1927, Private Nuisance Civil Code 3501, Premises Liability, ...

Excerpt: ...allege, among other things, that Defendant Land Home Financial Services, Inc. ("Defendant") failed to compensate them for all hours worked, including minimum wage and overtime, among other things. Plaintiffs bring the action individually, on behalf of other members of the general public similarly situated, and on behalf of aggrieved employees pursuant to the Private Attorneys' General Act ("PAGA"). (First Amended Complaint (“FAC”) at 1.) The ...

Excerpt: ...e violation of the Rules of Professional Conduct. (See Ruling on Motion for Summary Adjudication, ROA 283) In its motion for summary adjudication, Bank contended Kronick could not enforce the written contract because Kronick violated the Rules of Professional responsibility by not disclosing and obtaining waiver of a conflict. " Bank asserts the law firm's failure to obtain a written conflict waiver from a client rendered the fee agreement with t...