Excerpt: ...dant Duane Crewse's former employment with Plaintiff as a sales representative, and his subsequent employment with Plaintiff's competitor ‐ Defendant. Plaintiff alleges Mr. Crewse signed various confidentiality agreements during his employment, which prohibited him from disclosing Plaintiff's confidential and proprietary information such as customer lists and pricing information. Plaintiff filed this action against Crewse and Defendant alleging...

Excerpt: ...e "with prejudice" rather than "without prejudice" and also seeks an award of attorneys fees pursuant to Civil Code 1717 in the amount of $18,630. On January 15, 2021 Plaintiff filed a Dismissal of Kaye Newton "without prejudice," after the Court had sustained her demurrer with leave to amend. On January 5, 2021, this Court sustained the Demurrer to Plaintiff KHM Holdings, LLC's Second Amended Complaint filed by Kaye Newton and John Cox in its en...

Excerpt: ..., which includes 267 housing units, of which 130 are owned separately by individual homeowners. These 130 individually‐owned single family residences are referred to as the "Patio Homes." The remaining 137 units are located on a parcel that contains a Lodge" with 137 rental apartment units that are mixture of assisted living and independent living apartments. On November 19, 2014, Plaintiff Coley and Plaintiff Lorini filed the action on behalf ...

Excerpt: ... that Defendant systematically: (1) failed to provide accurate itemized wage statements; (2) failed to pay minimum wage for all hours worked; (3) failed to provide meal and rest periods; (4) failed to pay all wages at time of separation from employment; (5) failed to pay overtime wages; (6) failed to reimburse for business expenses; (7) engaged in unfair business practices; and (8) violated civil penalty provisions recoverable as PAGA penalties p...

Excerpt: ...ccount with Plaintiff. On January 5, 2021, the Court granted Plaintiff's unopposed motion to deem matters admitted. Plaintiff now moves for judgment on the pleadings based on these admissions. Specifically, that Defendant admits she opened a credit account with Plaintiff, received the Customer Agreement when she received the credit card, used the credit card to purchase goods and services, received regular monthly statements showing charges made ...

Excerpt: ...ion to Strike Plaintiff Carlos Santos's (“Santos”) Separate Statement of Additional Undisputed Material Facts Cal Fire objects to and moves to strike Santos's Separate Statement of Additional Undisputed Material Facts on the grounds that C.C.P. § 437c(b)(3) only states a plaintiff “shall set forth plainly and concisely any other material facts the opposing party contends are disputed.” However, Cal Fire cites no authority that states a p...

Excerpt: ...very, meeting and conferring regarding discovery responses, motion practice regarding defendant General Motors, LLC's (“Defendant”) discovery responses (four motions to compel in total), and preparing a mediation brief and participating in mediation. No depositions were taken. By its terms, the settlement agreement provides that “Plaintiffs are the prevailing party, and Defendant shall pay Plaintiffs' attorney's fees, costs, and expenses pu...

Excerpt: ...ervices on behalf of Plan Sponsors and/or Plan Administrators' Plans. In its SAC, Plaintiff alleges that "in or around 2016, Defendants CCHI LLC and CCHI, FIELDS and Rich and Rich Services designed, advertised, marketed and sold an insurance product called "Simple Funded . . . . " (SAC, ¶21.) Plaintiff further alleges that Defendant Rogers also "helped design and implement the "Simple Funded" program along with CCHI and BRMS." (SAC, ¶24). Defen...

Excerpt: ...s follows. This action arises from defendant Duane Crewse's former employment with Plaintiff as a sales representative, and his subsequent employment with Plaintiff's competitor ‐ Defendant. Plaintiff alleges Mr. Crewse signed various confidentiality agreements during his employment, which prohibited him from disclosing Plaintiff's confidential and proprietary information such as customer lists and pricing information. Plaintiff filed this acti...

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

Excerpt: ...Defendant Eternal Beverages, Inc.'s (“EBI”) demurrer to Cross‐Complainant Brett Catanzaro's (“Catanzaro”) first amended cross‐complaint (“FAXC”) is ruled upon as follows. Overview In his complaint, Plaintiff Patrick Otten (“Plaintiff”) alleges that on 6/21/2018 Catanzaro was operating a golf cart during a charity golf tournament at the Chardonnay Golf Club. Plaintiff was a passenger in the golf cart when Catanzaro negligently,...

Excerpt: ...y Bickford (“Bickford”) and Expert Microsystems, Inc.'s (“EMI”) (collectively “Defendants”) demurrer to Plaintiffs David Stewart (“Stewart”), Decision Detective Corp. (“DD”), and The D&H Stewart Family Limited Partnership's (“SFLP”) (collectively “Plaintiffs”) second amended complaint (“SAC”) is ruled upon as follows. Overview Plaintiffs allege that at some point in 2002, Bickford contacted Stewart and the two toge...

Excerpt: ...ts' request for judicial notice is granted. The Court notes that the demurrer to the First Amended Complaint was filed February 23, 2021. However, the First Amended Complaint was not filed until March 4, 2021. The parties do not raise this anomaly as an obstacle to the Court's consideration of the demurrer, and both treat the moving and opposing papers as directed at the FAC filed after the demurrer and motion to strike. The FAC sets forth four c...

Excerpt: ...ctively referred to herein as the “JW Defendants.” Plaintiffs allege that Ms. Winner and Mr. Campbell own and operate JW. Peebles Kidder Bergin & Robinson LLP, Gregory M. Narvaez, Esq., Tim Hennessy, Esq., and John M. Peebles, Esq. are collectively referred to herein as the "Attorney Defendants." Defendants failed to comply with CRC Rule 3.1110(f)(3) which requires that each paper exhibit must be separated by a hard 8 ½” x 11” sheet with...

Excerpt: ...forth below. Defendants' concurrent motion for monetary sanctions is granted in the amount of $1,776, pursuant to Code of Civil Procedure sections 2023.010(d), 2023.030(a), and 2025.450(g)(1). Plaintiff opposes the motion. Plaintiff Leslie Hagan commenced this action on May 5, 2017, alleging injuries arising from a motor vehicle accident that occurred on May 12, 2015. Defendants represent that on November 4, 2019, the parties stipulated to and ag...

Excerpt: ...2021. Defendant indicates that it has filed a concurrent request for judicial notice of the Exhibits attached to its Opposition, but the Court has not located such a request. The Court has reviewed the recorded documents that are the apparent intended subject of the request for judicial notice and finds that it could grant notice of the documents to the extent provided by case law. (Yvanova v. New Century Mortgage Corp. (2016) 62 Cal. 4th 919, fn...

Excerpt: ...inal tentative ruling granting the motion. The Court's file reflects that the “sur‐reply” was filed at 4:17 p.m. on May 12, 2021. The Court continued the matter to today's date and permitted the parties to file additional briefing. The Court has considered the opposition filed by Defendant's employer, co‐defendant California Rural Indian Health Board, Inc., in addition to Plaintiff's response to Defendant's “sur‐reply.” Having consi...

Excerpt: ...ivil Procedure sections 583.130, 583.410, and 538.420, and California Rules of Court, Rule 3.1342. The motions are denied as forth below. Plaintiff opposes the motion. The operative facts on the motion are well‐stated in Guckenheimer's initial points and authorities, and are substantially reproduced next. On May 2, 2018, ISS terminated Tyler's employment for insubordination. (ROA 1 and 269, Compl. 16, ROA 269.) On January 2, 2019, Plaintiff Cur...

Excerpt: ... complaint (“SAC”) is ruled upon as follows. Defendants move to strike the words “under California law” in the First Cause of Action for Breach of Fiduciary Duties ‐ Derivative Claim by Stewart and SFLP. (SAC, ¶ 35, line 20.) The entire paragraph reads: “Here, by making the undisclosed, unilateral, unapproved, self‐serving decision to cause Intellectual Assets to assign or license broad and exclusive intellectual property rights he...

Excerpt: ...that Plaintiff's request for admissions to Defendant were deemed admitted on March 18, 2020. When the moving party is the plaintiff, there is only one ground for a motion for judgment on the pleadings: “the complaint states facts sufficient to constitute a cause of action or causes of action against the defendant and the answer does not state facts sufficient to constitute a defense to the complaint.” (Code Civ. Proc. § 438(c)(1)(A).) The gr...

Excerpt: ...ourt acknowledges the "supplemental brief" filed by Plaintiff on June 9, 2021. (ROA 64.) The filing was untimely and will not be considered by the Court on that basis. Further, even if the Court were to consider the filing, Plaintiff failed to provide a declaration or request for judicial notice, etc., authenticating the purported evidence attached. Plaintiff voluntarily dismissed his lawsuit on April 1, 2021, before the hearing on the anti‐SLA...

Excerpt: ...arties must at the time oral argument is requested notify the clerk and opposing party of the specific causes of action that will be addressed at the hearing. The parties are also reminded that pursuant to local Court rules, only limited oral argument is permitted on law and motion matters. *** Both moving and opposing counsel failed to comply with CRC Rule 2.111(3). Opposing counsel failed to comply with CRC Rule 3.1113(d) and (e). Factual Backg...

Excerpt: ...une 16, 2021. The Clerk shall fax a copy of this tentative ruling to the litigation coordinator. The litigation coordinator shall provide the tentative ruling to plaintiffs Konanyah Yahlazar and Dion Anderson. The litigation coordinator is directed to have Plaintiffs Konanyah Yahlazar and Dion Anderson available at oral argument on June 16, 2021 at 1:30 pm. Appearance will be by ZOOM. Department 53 Zoom ID is: 841 204 6267. To appear on Zoom by p...

Excerpt: ...because Plaintiff unduly delayed in adding BAE SDSR as a Doe Defendant, pursuant to Code of Civil Procedure section 474 and A.N. v. County of Los Angeles (2009) 171 Cal.App.4th 1058. The motion is ruled on as follows. Plaintiff's first amended complaint (“FAC”) alleges causes of action for: (1) disability discrimination, (2) disability harassment, (3) unlawful retaliation in violation of the Fair Employment and Housing Act (“FEHA”), (4) f...

Excerpt: ...owne alleges that dismissal of this action is required because Plaintiff has failed to bring the matter to trial within the mandatory five‐year period prescribed by Code of Civil Procedure section 583.310. This lawsuit was initiated on September 4, 2015. On November 9, 2015, Plaintiffs filed the first amended complaint, which added Plaintiff and her home to the list of allegedly defective homes that form the basis for this action. On July 7, 20...

Excerpt: ... at the time oral argument is requested notify the clerk and the opposing party of the specific discovery requests that will be addressed at the hearing. The parties are also reminded that pursuant to local rules, only limited oral argument is permitted on law and motion matters. *** Factual Background This action arises from a dispute between former business partners. The original complaint was filed on 3/14/2018 by plaintiffs Digital Tactics, I...

Excerpt: ...th his vehicle. Plaintiff alleges that Defendant Wolfe was acting in the course and scope of his employment with Defendant Reliance Intermodal, Inc. at the time of the incident. At issue on this motion are Plaintiff's responses to Defendants' request for production (set two) nos. 20, 21, 28, 29 and 32. Nos. 20, 21 and 29 ask for documents related to Plaintiff's criminal history, incarceration and felony convictions. No. 28 asks for documents show...

Excerpt: ...ed by Local Rule 1.06. Moving counsel is directed to make reasonable efforts to contact Defendant and advise him of Local Rule 1.06, the Court's tentative ruling procedure, and the manner to request a hearing. If moving counsel is unable to contact Defendant prior to hearing, moving counsel is ordered to appear at the hearing by Zoom in the event Defendant appears without requesting a hearing pursuant to the Local Rules. Before final approval of ...

Excerpt: ...t fee levied upon building permit applicants to assist in covering costs for new and existing water supply infrastructure. Plaintiff alleges that the Zone 40 Fee is invalid under the California Constitution and the Mitigation Fee Act (Govt. Code §§ 66000, et seq.) because it is not limited to the reasonable cost of the service for which the fee is being imposed. Plaintiff alleges that Defendant has failed to prepare the necessary analysis and h...

Excerpt: ...In light of Plaintiff's stated intention to amend the complaint, and in the interests of efficiency and economy, the Court continued the hearing to today's date to allow Plaintiff time to amend the complaint rather than ruling on the demurrer. The parties were informed that the demurrer would remain on calendar in the event Plaintiff failed or elected not to file an amended complaint. Plaintiff did not file an amended complaint, nor did he file a...

Excerpt: ...pon as follows. Defendant argues the default should be set aside because he had no actual notice of the lawsuit against him until April of 2021, reasonably relied on his office staff to inform him of matters/documents coming into an office that he did not physically visit during the pandemic, and promptly sought assistance from counsel upon discovering that the clerk [had entered a default against him. Background According to the moving papers, M...

Excerpt: ...e used to legally distribute cannabis. SIGNAL filed its complaint on January 22, 2019, alleging the following six causes of action: (1) breach of written contract; (2) breach of covenant of good faith and fair dealing; (3) specific performance; (4) declaratory relief re: liability and damages; (5) declaratory relief re: liability for breach of contract; and (6) injunctive relief. SAMRA filed a Cross‐Complaint for declaratory relief on March 4, ...

Excerpt: ...ions to pay. Plaintiffs propounded RFP (set one) on CEE. At issue is RFP no. 1 which seeks “all invoices received by CEE related to the FACILITIES.” On 3/2/2021, Plaintiffs moved to compel CEE's further responses to request for production (set one). With respect to RFP no. 1, CEE responded: “Objection. This request is overbroad as to time and without reasonable limitation in its scope. Responding Party further objects on the grounds that th...

Excerpt: ...money lent. (ROA 1.) When the moving party is the plaintiff, there is only one ground for a motion for judgment on the pleadings: “the complaint states facts sufficient to constitute a cause or causes of action against the defendant and the answer does not state facts sufficient to constitute a defense to the complaint.” (Code Civ. Proc. § 438(c)(1)(A).) The Court must disregard all controverted allegations in the complaint and accept all fa...

Excerpt: ...nd 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 is granted. Defendant demurs to the first cause of action for retaliation for reporting sexual harassment on grounds that it does not state...

Excerpt: ...xchange of letters and/or emails fails to comply with the statutory mandate. Plaintiff's counsel is reminded that the meet‐and‐ confer requirements of Code of Civil Procedure §430.41 are not optional and s/he is required to participate in the meet‐andconfer efforts “in person or by telephone” even if s/he disagrees with the challenge to the pleading. Factual Background This is a personal injury action arising out of a trip‐and‐fall...

Excerpt: ...ies 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, and does not provide the correct address for 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 ...

Excerpt: ...r 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 by Zoom or by telephone. Factual Background This case involves 76 plaintiffs (40 adults a...

Excerpt: ...cific discovery requests/document categories that will be addressed at the hearing. The parties are also reminded that pursuant to local rules, only limited oral argument is permitted on law and motion matters. *** The notice of motion does not provide the correct address for Dept. 53/54. Factual Background This is a personal injury action arising out a March 2019 incident wherein defendant Reising's vehicle struck plaintiff Cosgrove while she wa...

Excerpt: ...Defendant”) has exposed individuals to lead from its sale of the Brass Spinning Top(“Product” or “Covered Product”), sold by and through Amazon.com, Inc., and that the Brass Spinning Top was distributed and/or offered for sale in California. A true and correct copy of the Consent Judgment is attached as Exhibit A to the declaration of Richard Morin. On February 19, 2020, Plaintiff, pursuant to Health & Safety Code section 25249.7(d), ma...

Excerpt: ...ecific allegations 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 motion does not provide notice of the Court's tentative ruling system, as required by Local Rule 1.06, and does not provide the correct address for Dept. 53/54. Moving counsel is directed to contact opposing counsel and advise him/her of Loc...

Excerpt: ...Court will also consider Defendant's motion to strike. The notice of motion does not provide notice of the Court's tentative ruling system as required by Local Rule 1.06(D). Defendant's counsel is directed to immediately provide notice to Plaintiff's counsel of the tentative ruling system and to be available at the hearing, via Zoom video or audio, in the event Plaintiff's counsel appears without following the procedures set forth in Local Rule 1...

Excerpt: ...rts in California along with a brief and declaration filed by Ford in an action pending in the Southern District of California, is granted. In taking judicial notice of these documents, the Court accepts the fact of their existence but 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 Consum...

Excerpt: ...t, Jesse Mendez; and Jesse Mendez, individually ("Plaintiffs') bring this action alleging elder abuse, violation of patient rights, and wrongful death. Defendant contends Olivia Mendez lacked the mental capacity to be her own responsible party when she was admitted to defendant's facility. Defendant contends Jesse Mendez executed an Agreement to Arbitration of Medical Malpractice Disputes and valid Agreement to Arbitration of Dispute Other than M...

Excerpt: ...as well as a statement of damages. (Owensby Decl. ¶ 5.) On January 23, 2020, plaintiff Mei Li's (“Plaintiff”) then counsel, Herman Franck, filed a motion for protective order, without filing any responses or objections to the outstanding written discovery requests. (Owensby Decl. ¶ 6.) On March 3, 2020, this Court entered an Order denying the motion for protective order and ordering Plaintiff to respond to Defendant's Special Interrogatorie...

Excerpt: ...ted. Plaintiff sues defendant for breach of oral contract, promissory estoppel, unjust enrichment, fraudulent inducement, and declaratory relief arising out of a judgment of the Sacramento County Family Law Court entered in 2007. Plaintiff alleges that by way of an oral agreement allegedly reached with Kelly in 2009, the entire unpaid portion of the Judgment was waived or forgiven. Plaintiff further seeks damages and injunctive relief precluding ...

Excerpt: ... Summons on March 5, 2020, indicating Defendant was served by mail and acknowledgment of receipt of service pursuant to CCP § 415.40. (ROA 27.) The Proof of Service indicates the Summons and Complaint was mailed to P.O Box 55, Normantown, West Virginia 25267. (ROA 27.) The date of mailing is not specified in the Proof of Service, but Defendant signed a return receipt indicating the date of delivery was September 27, 2019. (ROA 27, Exh. 1.) Defen...

Excerpt: ...for attorney's fees. 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 o...

Excerpt: ...ief. Plaintiff alleges that its subsidiary entered into a transaction with CalSTRS in July 2018. (FAC ¶ 7.) Plaintiff alleges that Defendants have repeatedly claimed that Plaintiff owes them a fee that was due upon successful completion of the transaction equal to 1‐2% of the total investment obtained from CalSTRS as part of the transaction. (Id. ¶ 8.) Plaintiff seeks a declaration that any payment of fees to Defendants contingent upon comple...

Excerpt: ...ement. He alleges that his disability could have been accommodated by allowing him to wear his sidearm and equipment on a weight‐bearing vest instead of the traditional leather belt. Plaintiff took the deposition of Captain Matthew Stover (“Cpt. Stover”), his commander. At the deposition, Plaintiff's counsel asked Cpt. Stover the following question a number of times: “Can you think of any reason why it would not be reasonable for someone ...