Excerpt: ...esult, plaintiff was fired by PG&E after 20 years of employment . Plaintiff's residence faces Watchel Way. Behind his residence, his property extends beyond a private lane named Lois Lane. Each of the neighbors owns a portion of Lois Lane. Defendant owns the portion of Lois Lane that connects to Watchel Way and contains the point of ingress to Lois Lane. It was plaintiff's use of Lois Lane in constructing his pool with the PG&E equipment that gav...

Excerpt: ... ("CDCR"), Folsom, and County of Sacramento created a dangerous condition of public property when they closed part of a roadway while a CDCR inmate crew worked on the sides of the road to perform weed abatement. Plaintiff Maria Luisa Hills walked on foot on the roadway, where she was subsequently struck by a car driven by Defendant Carolyn Vodoklys. Plaintiffs Maria Luisa Hills and her husband Barry Hillls' Third Amended Complaint alleges against...

Excerpt: ...n show that the parties met and conferred via email only (Mr. Harper on February 10, 2021: “I will just meet and confer via email.”) However, the meet‐andconfer requirements of CCP § 430.41 are not optional and parties must meet and confer “in person or by telephone.” Future meet‐and‐confer efforts pursuant to CCP § 430.41(a) shall be done “in person or by telephone.” Overview The Cross‐Complaint arises out of chiropractic c...

Excerpt: ...06. Moving counsel is directed to contact Plaintiffs' 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 Plaintiffs' counsel prior to hearing, moving counsel is ordered to appear at the hearing via Zoom or by telephone. Defendant's request for judicial notice of a prior ruling from this Court on March 24, 2021, in Dickerson v. Ford Mo...

Excerpt: ...Notice of Motion seeks Summary Judgment, and alternatively summary adjudication of the 7th cause of action for Quiet Title. However, the Separate Statement filed in support of the motion is limited to the 7th cause of action for Quiet Title, the Court construes the motion as limited to Summary Adjudication of the Quiet Title Claim. The Cross‐complaint alleges Vitulano purchased the subject Property in March 2014. Since March 2014, Vitulano live...

Excerpt: ...�and‐hour provisions. The class is defined as “All current and former non‐exempt Production employees employed by Alsco, Inc. dba Steiner Corporation in the State of California at any time from October 15, 2015 through October 25, 2020.” Defendant filed a notice of non‐opposition to the motion. In approving a class action settlement, the Court is to determine whether the settlement is fair, reasonable and adequate, in light of all of th...

Excerpt: ...plaint ¶¶ 9‐ 10.) On February 23, 2017, Plaintiff executed Defendant's Agreement to Mediate and Arbitrate Disputes (the “Agreement”). (Van Wagner Decl. ¶ 6, Exh. 1.) The Agreement provides Plaintiff and Defendant “both agree that any issue between Employee and Parkwest Casino Lotus, or any of its employees, agents, officers, directors or affiliates (the “Parkwest Casino Lotus Parties”) which relates to my employment with Parkwest C...

Excerpt: ...rsuant to CCP §§ 178, 1218(a), and 1219(a) is DENIED without prejudice as follows. This action was filed to enforce' claims of Plaintiffs (now Judgment Creditors) for unpaid wages, penalties, and other relief as authorized by law. After the defendants disregarded multiple orders of this Court, the Court struck the answers of Judgment Debtors. (ROA 170.) Following a default prove‐up hearing, Judgment was entered against the defendants, and add...

Excerpt: ...litation (CDCR) and Kathleen Allison in her official capacity as Secretary of the CDCR from enforcing operational regulations that CDCR recently adopted on an emergency basis which increase certain prison inmates' earning rate of good conduct credit (the Regulations). As the Court explains below, the motion is denied. Amicus are 12 crime victims' rights organizations and the California District Attorney Association that have applied for leave to ...

Excerpt: ...a Mechanical, Inc. (“Defendant”) provides plumbing installation services for residential, construction, and commercial properties. Defendant employed Plaintiffs as install technicians and compensated them at a piece rate. Plaintiffs allege that they and all other install technicians and repipe installers who were paid on a piece rate basis for each job performed, were not paid for nonproductive time, such as rest breaks, drive time, and other...

Excerpt: ...0,326.00. The motion is denied as set forth below. The motion is not opposed. Wilmington moves to terminate Majidi's action as a sanction upon the ground that Majidi's entire First Amended Complaint (“FAC”) is frivolous and brought in bad faith because it is without any legal merit or factual and evidentiary support, and therefore it is maintained by Majidi for an improper purpose. Wilmington argues in general that Majidi commenced this actio...

Excerpt: ...ON, Secured Party, Authorized Representative for: Eric Richard Eleson Trust J‐59564" within 48 hours of receiving it. For purposes of oral argument only, the hearing date shall be continued to July 15, 2021. The continuance date will be an appearance required hearing so that Plaintiff need not request oral argument. The litigation coordinator shall make Plaintiff available by Zoom audio (if available) to participate in oral argument at 9:00 a.m...

Excerpt: ...ing 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 will be July 14, 2021, to participate in oral argument. To appear on Zoom telephonically, call (888...

Excerpt: ...ing revealed that Decedent had risk for pressure injuries, and SMCS' nursing staff created a skin integrity care plan. (Complaint, ¶ 25.) The plan indicated that SMCS' nursing staff would monitor his skin at least two times daily for redness or breakdown and report to a physician for further treatment orders in the event of any skin breakdown issues, and to reposition him at least every two‐hours. (Complaint, ¶¶ 26‐ 27.) On many occasions ...

Excerpt: ...tween Respondent, a major league baseball player, and Petitioners, his former agent. Petitioners and Respondent entered into a settlement agreement whereby Petitioners agreed to pay Respondent $1,000,000 in periodic installment payments through December 1, 2018. Petitioners failed to make all the payments and Respondent filed a grievance (“Grievance”) pursuant to the Major League Baseball Players' Association's Regulations Governing Player Ag...

Excerpt: ...atterson, LLP's motion for summary judgment, or in the alternative, summary adjudication, is ruled upon as follows. Defendants' request for judicial notice is granted to the limited extent that the Court will take judicial notice that during the business week ending Friday, February 2, 2018, the Dow Jones and the S&P 500 each decline approximately 4% and that the decline accelerated on Monday, February 5, 2018. Plaintiff does not oppose the reque...

Excerpt: ...664.6. CCP § 664.6 provides: “If parties to pending litigation stipulate, in a writing signed by the parties outside the presence of the court or orally before the court, for settlement of the case, or part thereof, the court, upon motion, may enter judgment pursuant to the terms of the settlement. If requested by the parties, the court may retain jurisdiction over the parties to enforce the settlement until performance in full of the terms of...

Excerpt: ...al financial information. Defendants conditionally lodged unredacted versions of the documents on April 15, 2021. Defendants filed redacted versions of these documents the same day (ROAs 43, 44, and 46.) While Defendants lodged numerous documents conditionally under seal, the Tribe only moves to seal Exhibits G, R and T of Defendants' motion for summary judgment. According to the Tribe, these documents contain confidential financial information a...

Excerpt: ...ons of Cross‐Complainants Joseph Perez and Business Alliance Insurance Company's cross‐complaint pursuant to CCP § 418.10 on the basis that Mr. Gordillo was never personally served with the summons and cross‐complaint. The proof of service purports to show that Mr. Gordillo was personally served in his individual capacity and also as agent for service of process for Emerald Patch on March 7, 2021 at 11735 Kouros Way (the “Property”) in...

Excerpt: ...ion as an authorized representative of the Labor and Workforce Development Agency (LWDA) and similarly situated individuals who were employed by Defendants JS Folsom Automotive, Inc., Clifton Smith and Denise Dewy in California as non‐exempt employees from June 17, 2019 to June 15, 2021. The PAGA claims were premised on the alleged failure to pay overtime, failure to pay minimum wages, failure to provide meal and rest periods, failure to provid...

Excerpt: ...otice is granted to the limited extent that the Court will take judicial notice that during the business week ending Friday, February 2, 2018, the Dow Jones and the S&P 500 each decline approximately 4% and that the decline accelerated on Monday, February 5, 2018. Plaintiff does not oppose the request as limited. It does, however, oppose the request to the extent that it is construed as asking to accept the contents of two online articles are tru...

Excerpt: ...noticed for May 21, 2021 which was the date agreed to by the parties. However, when Defendant indicated that he desired for the deposition to proceed by video due to COVID‐19 concerns, Plaintiff would not agree. Defendant's counsel then issued a notice of deposition for Defendant which set the deposition for May 20, 2021. Plaintiff's counsel informed Defendant's counsel that he was not available that day and that Plaintiff had priority to depos...

Excerpt: ...that Defendant Presson fraudulently induced Plaintiffs to enter into the Stock Purchase and Sale Agreement and a Consulting Agreement. Plaintiffs allege that Defendants conduct leading up to and after the stock transfer caused them harm and bring fourteen causes of action based on Defendants' alleged conduct. Analysis 1. First COA for Rescission of Stock Purchase Agreement Based on Fraud Plaintiffs allege Presson failed to disclose that the purpo...

Excerpt: ... the Motion for Attorneys Fees that had been rejected from filing on May 18, 2021. The Court has now received the motion for attorneys fees. 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 (...

Excerpt: ...on. Defendants' request for judicial notice is granted. (See Poseidon Devel., Inc. v. Woodland Lane Estates, LLC (2007) 152 Cal.App.4th 1106, 1117‐ 18; see also Stratford Irrig. Dist. v. Empire Water Co. (1941) 44 Cal.App.2d 61, 68 [recorded land documents, not contracts, are the subject of judicial notice on demurrer].) The court, however, does not accept the truth of any facts within the judicially noticed documents except to the extent such ...

Excerpt: ...Sharma by the duly appointed representative of the estates, Donald Singh ("plaintiffs") is a good faith settlement within the meaning of California Code of Civil Procedure section 877. On May 18, 2021, Judge Allen Sumner approved the compromise of claim of minor plaintiff Joselyn Sharma. (See ROA 18) On the evening of March 26,2019, Rosalyn and Shalvinesh Sharma, husband and wife, were involved in a motor vehicle accident while occupying a Ford F...

Excerpt: ...ollows. This action arises from Plaintiffs' purchase of New York Life variable annuities, whole life insurance policies, and term life insurance. The operative Second Amended Complaint (“SAC”), which was filed on April 29, 2021, alleges claims for fraud, breach of fiduciary duty, professional negligence, violation of Corporations Code § 25235, and violation of California's unfair competition law, all stemming from losses Plaintiffs suffered ...

Excerpt: ...LC, Master Tenant Parent Holdco II , LLC, Admin Parent Holdco, LLC and Disbursement Parent Holdco, LLC (collectively “Jurisdictional Defendants”) motion for protective order re: financial PMQ deposition and notices related to personal jurisdiction is ruled upon as follows. Overview This is an elder abuse action. This matter arises from the admission of decedent Eva Harris at Mission Carmichael HealthCare Center (“Mission Carmichael”), a s...

Excerpt: ...and Dorothy MacPhail. The MacPhails submitted an arbitration complaint pursuant to the Terms of Membership in Sacramento Association of Realtors, of which Petitioner and the MacPhails are members. Among the terms of membership in SAR is that its members agree to binding arbitration of disputes using SAR facilities and in accordance with the rules and procedures for arbitration. On January 9, 2020, the MacPhails submitted an arbitration complaint ...

Excerpt: ...on 7/7/21, two discovery motions on calendar on 7/14/21, two discovery‐related motions to seal on 8/26/21, and the three motions recently heard on 4/13/21, the Court on its own motion is appointing a discovery referee pursuant to Code of Civil Procedure § 639(a)(5) to hear all discovery motions in this case. As early as August of 2020, Court urged the parties to stipulate to a discovery referee in this case: The Court notes that in addition to...

Excerpt: ...ded Claimant's vehicle, and Mr. Tronco then fled the scene. (Nathan Decl. ¶ 2.) At the time of the accident, Claimant Montoya was driving for UBER Technologies and transporting a rider, claimant Jose De Jesus Martinez. Claimant Montoya sustained a traumatic brain injury and major injuries to his neck and back requiring ongoing treatment and future surgery. (Ibid.) Claimant Martinez was also injured. (Chryssafis Decl. ¶ 2.) Claimant Montoya and ...

Excerpt: ...otion, p. 2:10‐13; MPA, p. 2:13‐17, p. 9:23‐26.) In his memorandum of points and authorities, Collins also raises two additional objections: (1) that the complaint served upon him with summons was not complete because it did not contain exhibits referenced in that pleading; and (2) that he is not an agent for service of process upon himself. (MPA, p. 3:17‐27.) Plaintiff opposes the motion. Plaintiff's request for judicial notice is grante...

Excerpt: ...is denied as set forth below. TMS opposes the motion. TMS' request for judicial notice is granted as to the Formal Opinion No. 513 issued by the Los Angeles County Bar Association on July 18, 2005. Given the many individuals and firms involved, the Court will use summary references without titles in an effort to add clarity and economy and means no disrespect by this shorthand practice. The material operative facts do not appear to be in genuine ...

Excerpt: ...372 is likewise denied. 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. This action arises out of the alleged negligent mishandling of Plaintiffs' son's corpse. Plaintiffs' son, Brandon Michael Benecke ("Decedent"), was a 30‐year‐old man who was pronounced dead on or about May 22, 2019 whi...

Excerpt: ...) strike the Defendants' Answers, (2) preclude Defendants from introducing any testimony or opinions from June Paltzer, Ph.D, at trial, (3) require a jury instruction to the effect that Defendants intentionally concealed the first three pages of Defendants' defense counsel's work product report (Skillman report), and the jury can conclude that the omitted pages were unfavorable to Defendants. In the alternative, Plaintiff moves pursuant to Code o...

Excerpt: ...Defendant Corey Evan Parker's demurrer to Plaintiff Michael Razavi's first amended complaint (“FAC”) is SUSTAINED without leave to amend. Overview This is an action for legal malpractice, breach of fiduciary duty and breach of written contract. Plaintiff alleges that in May 2017, he entered into a Flat Fee Agreement with Defendant for legal service wherein Defendant agreed to represent Plaintiff on a Petition for Writ of Habeas Corpus. Plaint...

Excerpt: ...Cyndi Nguyen (“Nguyen”) and CalFarms420, Inc.'s (“CalFarms420”) (collectively “Defendants”) demurrer to Plaintiff Thanh Duy Nguyen's (“Plaintiff”) complaint is ruled upon as follows. The court observes that Plaintiff dismissed CalFarms420 on 12/24/2020. (ROA 32.) Defendants failed to comply with CRC Rule 3.1320(e) and CCP §430.60 which requires that the “demurrer” should be captioned “as such” and that the grounds for dem...

Excerpt: ...g. 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. 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. If moving counsel ...

Excerpt: ...r deducting the time for breaks and scheduling discussion, Dr. Koett's counsel estimates the deposition yielded a total deposition time of one hour and 14 minutes. (Id.) Plaintiff's deposition was again noticed for July 31, 2019. (Id. ¶ 5, Exh. C.) Plaintiff did not appear for the deposition. Through meet and confer discussions with her husband, he claimed that the notice was inadvertently overlooked and the deposition was missed. (Id.) Dr. Koet...

Excerpt: ...ndisclosure action concerning real property located on Stevenson Avenue in Sacramento. Plaintiff Moldovan purchased the property from defendant and thereafter sued the latter, alleging Defendant failed to disclose various issues with the property including encroachment onto the adjacent public property and several improvements completed without permits. The Complaint asserted causes of action for breach of contract and for fraud (intentional and ...

Excerpt: ...l Procedure section 1286.2(a)(5) states: “Subject to Section 1286.4, the court shall vacate the award if the court determines any of the following: (5) The rights of the party were substantially prejudiced by the refusal of the arbitrations to postpone the hearing upon sufficient cause being shown therefor or by the refusal of the arbitrators to hear evidence material to the controversy or by other conduct of the arbitrators contrary to the pro...

Excerpt: ...al lease, breach of fiduciary duty, accounting, conversion, and more. Theis cross‐complained against Batchelor and his counsel alleging numerous causes of action premised on allegations that Batchelor mismanaged the LLC. Batchelor & Co., LLC is also named in the cross‐complaint. Theis alleged causes of action against Gentry and Hughey Phillips for breach of fiduciary duty, legal malpractice and fraud. Theis alleged that Gentry and Hughey mish...

Excerpt: ... 2019, when he was four years old, he was sexually assaulted by CDI employee, Christian Turks, in the bathroom of Raymond Case Child 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 knowl...

Excerpt: ...ly situated individuals who were employed and classified by Defendant Edward R. Marszal Enterprises, Inc. as non‐exempt in California during the time period of June 21, 2018 to the date the settlement is approved. The PAGA claims were premised on the alleged failure to pay minimum wages, failure to provide meal and rest periods, failure to reimburse necessary business expenses, failure to provide suitable seating, failure to provide accurate wa...

Excerpt: ...he State's construction of the Central Valley segment of the High‐Speed Rail System (the “Project”). Defendant Tutor Perini Zachry Parsons (TPZP) was hired by the State to construct a portion of the Project on Plaintiff's land. The State obtained an access easement across Plaintiff's land for purposes of constructing the Project. Plaintiff alleges that TPZP, at the direction of the State, installed infrastructure in the easement in excess o...

Excerpt: ... 20, 2020, Plaintiff served written discovery on Defendant CDCR, including a Request for Production of Documents, Set One. Defendant failed to respond to these discovery requests, leading Plaintiff to file a motion to compel, which was unopposed and which this Court granted on November 17, 2020. (ROA 31.) Therein, the Court ordered responses to be served by December 30, 2020. Pursuant to the Court's order, Defendant served responses to the RPDs, ...

Excerpt: ... employees of Defendant during the relevant time periods. (Settl. Agr. ¶¶ 1‐5 The Settlement Agreement results in a PAGA‐only gross settlement fund of $700,000.00 (“PAGA Gross Settlement Fund”) for PAGA Settlement Members and the LWDA in exchange for a narrow release of asserted PAGA claims for violation of Labor Code section 226. (Settl. Agr. ¶ 10, 18‐19.) Pursuant to the PAGA Settlement Agreement, Defendant shall pay the PAGA Settl...

Excerpt: ...ing was set when the Court granted Defendant's ex parte application for an order shortening time to hear the instant motion. (Register of Actions (“ROA”) 686.) Following the February 4, 2021 hearing on Plaintiff's Motion for Summary Adjudication (hereinafter "Plaintiff's Motion"), this Court took the matter under submission, ordered supplemental briefing on certain limited issues, and thereafter affirmed the tentative ruling on April 15, 2021...

Excerpt: ...ent, breach of a verbal lease, breach of fiduciary duty, accounting, conversion, and more. Theis cross‐complained against Batchelor and his counsel alleging numerous causes of action premised on allegations that Batchelor mismanaged the LLC. Theis alleged causes of action against Gentry and Hughey Phillips for breach of fiduciary duty, legal malpractice and fraud. Theis alleged that Gentry and Hughey mishandled the winding up of Tillman LLC, im...

Excerpt: ...aving reviewed the Court's tentative ruling, which highlighted evidentiary gaps in Plaintiff's moving papers, Plaintiff at oral argument asked to file late evidence in the form of declarations, and the Court agreed to during oral argument and set a briefing schedule with both sides' input. The Court has now considered the late‐filed evidence and Defendant's objections thereto. Plaintiffs' newly‐proffered declarations do not materially change ...