Excerpt: ..., as well as to appoint a receiver to handle the repairs and bring the property into code compliance. The City now moves to appoint Bay Area Receivership Group and its President, Gerard F. Keena II, as the receiver. The “Subject Property” is located at 4003 Washington Avenue, Sacramento, California 95820, and identified by Assessor's Parcel Number 002‐0073‐026‐0000. The Subject Property has a history of substandard conditions dating bac...

Excerpt: ...ual was shot and killed and while he was determined not to be the killer, though he was found guilty of robbery. (FAC ¶ 7.) He alleges that the laws regarding the felony‐murder rule changed during his incarceration such that if the “perpetrator was not the shooter resulting in the death of an individual then a sentence should have been for a far lesser period of time.” (Id. ¶ 9.) He alleges that as a result of the change in aw he was “i...

Excerpt: ...t and a notice with California's Labor and Workforce Development Agency (“LWDA”) regarding his intent to file an action seeking civil penalties under PAGA. (Ly Decl. ¶ 4.) On May 9, 2016, Plaintiff filed a First Amended Complaint (“FAC”), adding the PAGA claim based on the facts previously alleged in the Complaint. (ROA 7.) Plaintiff filed a Second Amended Complaint on February 23, 2017. (ROA 42.) The operative Complaint alleges claims f...

Excerpt: ...xistence, not the truth of their contents. (See Professional Engineers v. Dep't of Transp. (1997) 15 Cal.4th 543, 590 [judicial notice of findings of fact does not mean that those findings of fact are true]; Steed v. Department of Consumer Affairs (2012) 204 Cal.App.4th 112, 120‐121 [“[W]hile the existence of any document in a court file may be judicially noticed, the truth of the matters asserted in those documents, including the factual fin...

Excerpt: ...ensated for her injuries due to the car accident, after having made an underinsured claim to her alleged insurer, Defendant CSAA. (See generally, Complaint.) In particular, the Complaint alleges that: On July 7, 2017, Plaintiff was injured in a traffic collision caused by another driver. As she was exiting Highway 50, approaching the intersection in her 2008 Honda Civic, intending to make a right‐hand turn onto Watt Avenue, the driver behind he...

Excerpt: ...tained as the result of a slip and fall while he was incarcerated at the Rio Consumnes Correctional Center on October 27, 2015. (Declaration of Jonathan B. Paul (“Paul Decl.”) ¶ 4.) The First Amended Complaint was filed on November 9, 2016. (Id.) It alleges that Defendant Deputy Florence Martin is liable for Negligence, Premises Liability, and Intentional Tort following Plaintiff's slip and fall within a bathroom. On November 9, 2016, a summ...

Excerpt: ... breach of contract, breach of fiduciary duty, fraud, misrepresentation, and other similar claims, and seeks damages for the alleged worker's compensation insurance overcharges, attorneys' fees, and expenses. The settlement class encompasses all current and former clients of FPI for whom FPI secured worker's compensation insurance in connection with managing Class Members' properties. The Settlement Agreement (“Settlement”) is attached as Exh...

Excerpt: ...by Plaintiff California State Association of Counties Excess Insurance Authority, a California Joint Powers of Authorities (“Plaintiff”). Defendant/Cross‐Complainant Hartin & Hume, Inc. (hereinafter "Hartin") was the general contractor hired by Plaintiff to perform tenant improvements at the Subject Property. Sure‐Clean was hired by Hartin to apply Protectosil Aqua‐Trete to the exterior brick veneer of the Subject Property. (Declaration...

Excerpt: ...as employed by defendants from “approximately April 2019 to approximately June 2019” (Compl., ¶21) and on 9/10/2020, she provided written notice of this PAGA claim to both the LWDA and defendants (Compl., ¶18). Having not received within 65 days any notice of the LWDA's intent to proceed with an investigation of the allegations (Compl., ¶18), plaintiff commenced this action on 11/17/2020. Moving Papers. Defendants contend plaintiff's PAGA ...

Excerpt: ...Judicial Notice (“RJN”), which attaches copies of court filings in this action, is unopposed and is granted. This lawsuit arises from a dispute related to Plaintiff Phoenix Enterprises, Inc.'s attempt to purchase membership interests of Defendant. Defendant Guardian Investment Capital, LLC (“Guardian”) and H16 Apartment Investors, LLC each own a 50% interest in Defendant. H16 Grupe Investors, LLC (“Grupe”) and H16 Local Investors, LLC...

Excerpt: ... motion to compel further responses to requests for production Nos. 1, 6, 8‐10, 11‐33, 41, 44, 54, 58, 59, 76 and 80. The requests related to Defendant's investigation and analysis regarding the subject defects and Defendant's warranty and repurchase policies. Defendant moves for reconsideration of the Court's Order as it relates to requests nos. 13‐24, 26‐33, and 59. It argues that since the Order, it has now conducted a preliminary sear...

Excerpt: ...Code section 51.5 on grounds that both fail to state facts sufficient to constitute a cause of action. Defendants requests for judicial notice are granted. Plaintiff's FAC alleges that Defendant discriminated against him on the basis of his sex when Plaintiff viewed a BananaRepublic.com website email promotion in or around May 2020 advertising different percentage discounts for women's and men's styles available to be claimed by costumers. (See F...

Excerpt: ...ue to a fire. Plaintiffs allege that co‐defendant Allstate Insurance Co. (“Allstate”) acted in bad faith by failing to pay the full amount to reconstruct the house. Following the fire, Defendants “under evaluated the condition of the remaining premises and the nature and extent of cost for reconstruction.” (SAC, ¶ 24.) Plaintiffs allege that “ALLSTATE INSURANCE COMPANY had an extensive working relationship for years with [Defendants]...

Excerpt: ...e Court's tentative ruling system as required by Local Rule 1.06(D). Counsel is ordered to notify opposing counsel immediately of the tentative ruling system and to be available at the hearing, via Zoom video or audio, in the event opposing counsel appears without following the procedures set forth in Local Rule 1.06(B). This is a wage and hour action filed by Plaintiff, alleging causes of action for (1) unfair competition in violation of Busines...

Excerpt: ... California 95610 (“Subject Property”). Ms. Bissett inherited the Subject Property from her parents. (RJN, Exh. 1.) The Subject Property was encumbered by a First Deed of Trust in favor of Flagstar Bank, which was later assigned to Quicken Loans (“Loan”). (RJN, Exhs. 2, 3.) Ms. Bissett defaulted on the Loan and a Notice of Default was recorded against the Subject Property on March 20, 2019. (RJN, Exh. 4.) A notice of trustee's sale was re...

Excerpt: ...tion for summary judgment. On March 23, 2021, counsel for American Staffing Service Douglas Watts filed a declaration pursuant to Code of Civil Procedure section 437c(h). As noted in the Court's ruling of April 8, 2021, granting the motion for summary judgment: Mr. Watts' declaration contained the following flaws: “‐ The request for continuance was not submitted with an opposition or via an ex parte application as required by Code of Civil Pr...

Excerpt: ...tion for summary judgment. On March 23, 2021, counsel for American Staffing Service Douglas Watts filed a declaration pursuant to Code of Civil Procedure section 437c(h). As noted in the Court's ruling of April 8, 2021, granting the motion for summary judgment: Mr. Watts' declaration contained the following flaws: “‐ The request for continuance was not submitted with an opposition or via an ex parte application as required by Code of Civil Pr...

Excerpt: ...cates Series 2005. The motion 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 is ordered to notify opposing counsel immediately of the tentative ruling system and to be available at the hearing, via Zoom video or audio, in the event opposing counsel appears without following the procedures set forth in Local Rule 1.06(B). Plaintiff's request for...

Excerpt: ...d advise her 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. California Code of Civil Procedure section 664.6 provides: “If parties to pending litigation stipulate, in a writing signed...

Excerpt: ...at 7222 Boa Nova Drive in Elk Grove. Plaintiff purchased the residence from Defendant in October 2016 and had executed deeds of trust pledging the property as collateral in the event he defaulted on payments to Defendant's lender and to Defendant herself. After the Grant Deed was recorded, Plaintiff apparently failed to make any payments to anyone, including Defendant and Defendant's lender. Accordingly, a nonjudicial foreclosure occurred, culmin...

Excerpt: ...o which Plaintiff brought his vehicle in for at least one repair. Plaintiff asserts a negligent repair action against Future Ford alleging that Future Ford breached its duty to Plaintiff to use ordinary care and skill by failing to properly store, prepare and repair the vehicle in accordance with industry standards. Plaintiff has also named co‐defendant Ford Motor Co. (“FMC”), the manufacturer of the vehicle, as a defendant to the Song‐Be...

Excerpt: ...Defendant Board of Trustees of the California State University's (“CSUS”) demurrer to Plaintiffs William Molina and Donna Goles' (collectively “Plaintiffs”) First Amended Complaint (“FAC”) is ruled upon as follows. Preliminarily, the court notes that CSUS filed a demurrer to Plaintiffs' initial complaint which was scheduled for today's date. On 2/25/2021, the court sustained the Fraternity Defendants' demurrer with leave to amend and ...

Excerpt: ...famation. (ROA 1.) Plaintiff's complaint alleges that she was on her way to work and was running late when she parked her car in a parking spot in front of a “Cricket Cell Phone” store. On her way in she alleges she was accosted by Defendants who accused her of being illegally parked. Plaintiff responded that she would only be a second, and that she got the information she needed in less than five minutes. Plaintiff alleges that when she retu...

Excerpt: ... 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.) I. Overview This is a lemon law action. Plaintiffs allege that they in January 2016 they purchased a 2017 Mercedes Benz from non‐party Mercedes‐Benz of Marin (“Dealer”). Plaintiffs allege that in connection with the purchase, they received variou...

Excerpt: ... of emotional distress. Plaintiffs Todd Allexy and Kelly Angel (collectively “Plaintiffs”) allege that Defendant sells, installs and distributes off‐road vehicle products. In September 2020, Plaintiffs were riding on a 2019 Polaris RZR Turbo S, which is a side‐by‐side, four‐wheel, off‐road vehicle. The vehicle was equipped with an exhaust system and a tuner produced/sold by other defendants. Defendant sold the vehicle to Todd Allexy...

Excerpt: ...Jr., in a JAMs arbitration. The arbitration was conducted by a three arbitrator panel (Honorable Ignazio Ruvolo (ret.), the Honorable Joseph Biafore (ret.) and the Honorable Richard Silver (ret.)). In the Final Award, the Panel rejected all of Plaintiff's claims against Defendant and awarded Defendant $1,202,453.14 in reasonable attorneys' fees and costs. By way of background, Plaintiff commenced an action in this Court by filing a complaint agai...

Excerpt: ...n June 26, 2019 stipulation for settlement reached at the mandatory settlement conference conducted by Judge Davidian on June 25, 2019. Pursuant to that agreement, Defendants were to make certain payments to Plaintiffs, including a $5,000 payment when Plaintiffs vacated the Property. Title to the Property was to remain in Defendants' names. Defendants were to “refinance the existing mortgage or sell [sic] payoff all current liens in the name of...

Excerpt: ... upon as follows. Defendants move to strike Plaintiffs' claims for statutory enhanced elder abuse remedies; specifically, pre‐death pain and suffering and attorney fees, and punitive damages. Defendants contend these remedies are not available because the Complaint fails to plead facts sufficient to state a cause of action for elder abuse and fails to allege Defendants' staff engaged in oppression, fraud, or malice pursuant to Civil Code § 329...

Excerpt: ...orders from other Superior Courts in California is granted. In taking judicial notice of these documents, the Court accepts the fact of their existence, not the truth of their contents. (See Professional Engineers v. Dept. of Transp. (1997) 15 Cal.4th 543, 590 (judicial notice of findings of fact does not mean that those findings are true); Steed v. Dept. of Consumer Affairs (2012) 204 Cal.App.4th 112, 120‐121.) Plaintiff filed this lemon law a...

Excerpt: ...e wage statements; (3) waiting time penalties; and (4) unfair competition. (ROA 1.) On October 1, 2018, Plaintiffs gave written notice to the LWDA of this action. (Pltf.'s Exh. C.) Plaintiffs also submitted the $75 filing fee. (Rodriguez Decl. ¶ 3.) The LWDA notice was also sent to defendants Energy Star Construction, Inc., Hasham “John” Ali, and Homayoon “Alex” Alam (collectively, “Defendants”) via certified mail. (Pltf.'s Exh. C.) ...

Excerpt: ...rruled. Objections 2, 3, 4, 5, medical records: Overruled. Plaintiffs First Amended Complaint alleges a single causes of action for medical malpractice against defendants for "failure to examine, failure to diagnose" plaintiff's subdural epidural abscess, "failure to treat, negligent discharge, negligent referral, failure to obtain informed consent for non‐treatment, and failure to stabilize before discharge." Plaintiff alleges she suffered per...

Excerpt: ...s he was dismissed as a third‐year medical student at the University of California, Davis School of Medicine (UCDSOM) after a third unsuccessful attempt to pass the United States Medical Licensing Examination (USMLE) Step 1 examination, a requisite to progressing through the program. He alleges UCDSOM had a policy or practice, or both, of granting students a fourth attempt at their USMLE Step 1 or Step 2 Exams that was not made explicit to stud...

Excerpt: ...on for elder abuse and third cause of action for negligent infliction of emotional distress (“NIED”) is ruled upon as follows. This action arises from a fall suffered by decedent Donald Walters (“Mr. Walters”) on August 13, 2020, the date he was admitted as a patient to Gramercy Court. Mr. Walters died the next day, August 14, 2020. The cause of death on Mr. Walters' death certificate was listed as “traumatic cerebral hemorrhage” and ...

Excerpt: ...r summary judgment or, in the alternative, summary adjudication is ruled upon as follows. Defendants' request for judicial notice of the Complaint, Answer, and Amended Answer filed in this action is granted. Plaintiff Prakash Prasad (aka Prakash Pande) (“Plaintiff”) filed an opposition one day late on May 5, 2021, only 13 court days prior to the hearing. Defendants have requested that the Court disregard Plaintiff's opposition in its entirety...

Excerpt: ...de sections 1152 and 1154 is sustained for purposes of the demurrer based upon Plaintiffs' apparent evidentiary purpose for its submission. Plaintiffs commenced this action against City on September 14, 2020, alleging four causes of action related to the Plaintiff's real property: (1) inverse condemnation; (2) trespass; (3) negligence; and (4) breach of contract. The Plaintiffs allegations are summarized as follows. Plaintiffs own real property s...

Excerpt: ...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 is unable to contact opposing counsel prior to hearing, moving counsel is ordered to appear at the hearing by Zoom or by telephone. The opposition fails to comply with CRC Rule 3.1113(f). Factual Background This is an elder abuse action which arises out of Louise Chappell's stay at a skil...

Excerpt: ...truction Innovations Group, LLC, Rex Moore Group, Inc., Rex Signature Services, LLC, and Rex Moore Electrical Contractors & Engineering Inc.'s (collectively, “Defendants”), to pay for all hours worked, including, but not limited to, pre‐ and post‐shift work, mandated duties, and assignments; failure to provide meal and rest periods or premium wages in lieu thereof; failure to reimburse for necessary business expenses; failure to provide a...

Excerpt: ...urchasing of 2017 Ford Focus (the “Subject Vehicle”) on or about 1/1/2017. Plaintiff alleges six causes of action for violation of the Song‐Beverly Consumer Warranty Act (the “SongBeverly Act”), including breach of express warranty. The Complaint alleges "[i]n connection with the purchase, Plaintiff received various warranties..." (Complaint, ¶10.) Plaintiff further alleges the "Vehicle contained or developed defects, including but not...

Excerpt: ...levant part: “On petition of a party to an arbitration agreement alleging the existence of a written agreement to arbitrate a controversy and that a party to the agreement refuses to arbitrate that controversy, the court shall order the petitioner and the respondent to arbitrate the controversy if it determines that an agreement to arbitrate the controversy exists, unless it determines that: (a) The right to compel arbitration has been waived b...

Excerpt: ...nd 4 (“RPD”), is granted in part as set forth below. Landlord's concurrent motion for monetary sanctions in the amount of $1,356.00 pursuant to Code of Civil Procedure section 2031.300(c) is denied as set forth below. Landlord's motion states that it is made in part pursuant to Section 2031.300 which states the procedure applicable when a party fails to timely respond to a request for inspection. However, Landlord's motion is not made upon th...

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 via Zoom or telephone. Factual Background This action arises from plaintiff's employment with defendant. The complaint purports to assert causes of action for retaliation, age discrimination, failure to correct illegal conduct, and defama...

Excerpt: ...es must at the time oral argument is requested notify the clerk and opposing counsel of the specific issues that will be addressed at the hearing. Counsel are also reminded that pursuant to local rules, only limited oral argument is permitted on law and motion matters. *** The opposing memorandum of points & authorities fails to comply with CRC Rule 3.1113(d)‐(e). Factual Background This employment action was filed on 2/9/2021 by the three plai...

Excerpt: ...ith the rules and procedures for arbitration. Petitioner has not submitted SAR's arbitration and procedure rules. Petitioner avers that she became a member of SAR in 2006 and therefore was subject to SAR arbitration requirements with regard to any complaint made against her in the context of her work as a realtor. Petitioner further avers that the underlying dispute arises out of a dispute regarding commissions between herself and Chris MacPhail ...

Excerpt: ...oticed motion and set the matter for today's calendar. The Court considered DPR's "sur‐reply" filed on May 6, 2021. While there is no provision in the Code of Civil Procedure permitting such a filing, the Court considered the document to address any argument by DPR that it was deprived of due process to the extent that SVO's reply brief raised new arguments and cited new authority. SVO seeks an order compelling DPR Construction's (“DPR”) cu...

Excerpt: ... of American (VW) served timely responses, including documents, and further indicated that it would produce its internal policy and procedure manuals upon execution of a stipulated protective order. Additional documents were subsequently produced in July 2020. Ultimately, those responses became the subject of Plaintiffs' motion to compel, filed on August 3, 2020. In its tentative ruling of September 17, 2020, this Court denied the motion entirely...

Excerpt: ...use of action is denied. Plaintiffs Evidentiary Objections to the Declaration of Nunley are sustained as to Nos. 1 and 2, and overruled as to Nos. 3 and 4. The Court will sign the formal order on the objections after the final ruling on the motion. Defendant's 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. ...

Excerpt: ...Pfarr at Mercy General Hospital in September 2018 regarding a lumbar surgery. Spine surgeon Praveen Prasad, M.D., had been Plaintiff's physician for many years. Dr. Prasad recommended Plaintiff undergo an anterior cervical decompression, fusion, and fixation. Dr. Ridgeway was not involved in Plaintiff's pre‐ operative assessment or informed consent discussions with Dr. Prasad. Defendant Ridgeway is a general surgeon and was engaged to perform t...

Excerpt: ...JECTIONS Plaintiff's objections are overruled for failure to comply with CRC Rule 3.1354. FACTS Decedent Debra Baker (“Ms. Baker” or “decedent”) was a resident of Fair Oaks Estates, a residential care facility, beginning July 8, 2019. (FAC ¶ 11.) On July 17, 2019, Ms. Baker apparently fell while in the process of being “transferred” by one of Fair Oaks Estates' employees and she thereafter complained of severe leg pain. (FAC ¶¶ 14�...

Excerpt: ... pursuant to a CCP § 998 offer except for the fees and costs. The § 998 offer stated, in relevant part: “1. “Defendant will pay to [Plaintiff] the sum of $32,353, which constitutes reimbursement of the amounts paid, or payable, for Plaintiff's 2016 Ford Edge, VIN 2FMPK4J04GBC67367 (the “Subject Vehicle”, and as alleged in the Complaint), incidental and consequential damages, and civil penalties under the Song‐Beverly Act. “2. As par...

Excerpt: ...e was suspended from her duties driving a school bus, without being told the reason for her suspension. (Compl. ¶ 5(1).) On February 2, 2018, Plaintiff was informed by unidentified persons that she had been suspended from driving a school bus because Defendant received an anonymous call from a doctor saying Plaintiff should not be driving. (Compl. ¶ 5(2).) On March 14, 2018, Plaintiff was informed by unidentified person that she had to agree to...