Excerpt: ... of action for breach of contract and for common counts. The action arises from allegations that Defendant failed to make the required payments pursuant to a motor vehicle lease agreement. Plaintiff alleges that the subject lease was assigned to it and that it is the owner of the leased vehicle. Defendant demurs to all of the causes of action. At the outset, the Court rejects Plaintiff's argument that the demurrer should not be considered as it i...

Excerpt: ...eeded an injection. “The employees put blanket over the head of the Plaintiff's cat. One employee held the Plaintiff's cat's head and neck and then asked Plaintiff to hold her cat's rear legs, and Plaintiff did so. As an employee was getting ready to inject the Plaintiff's cat, the Plaintiff's cat turned and bit Plaintiff's right hand.” (First Amended Complaint, ¶ IX.) The court disagrees with Defendant that the court should deny the motion ...

Excerpt: ... matter was originally set for 5/4/2021. The court continued the matter because although Plaintiff served her opposition, she failed to file the opposition with the court. The court directed Plaintiff to file and re‐ serve her opposition by no later than May 6, 2021. Plaintiff filed her opposition on May 10, 2021. Despite the untimely filing of her opposition, the court, in its discretion will consider the opposition. Future violations of the C...

Excerpt: ... dementia. They allege Jo Anne Scoggins was assaulted and battered by Defendant Lindie Thomas in the kitchen of Silver Pines, causing her to fall to the ground, fracturing her hip. Lindie Thomas is alleged to have told an employee of Defendants that Debbie Loesch told her that "slides" do not have to be reported. Lindie Thomas instructed the employee to characterize the incident as a "slide" rather than a fall, and to not report the fall. The fal...

Excerpt: ... Cost: $377.50 Timeliness of Motion The court disagrees with Defendants that the motion is untimely. CRC Rule 3.1700(b)(1) provides “Any notice of motion to strike or to tax costs must be served and filed 15 days after service of the cost memorandum. If the cost memorandum was served by mail, the period is extended as provided in Code of Civil Procedure section 1013. If the cost memorandum was served electronically, the period is extended as pr...

Excerpt: ...on to compel arbitration; finding that the RISC contained an arbitration provision requiring arbitration of any claim or dispute related to the vehicle and/or the RISC. (Order of 9/26/19, Register of Actions (“ROA”) 13.) That Order further provided, in pertinent part: The motion to compel is granted. (See, e.g. Sanchez v. Valencia Holding Co., LLC (2015) 61 Cal.4th 899.) The dispute between Petitioners and Pars Auto Wholesale, Inc. or Westlak...

Excerpt: ... Documents, and to have Requests for Admission (“RFAs”) deemed admitted. Defendant also seeks monetary sanctions in the amount of $2,100.00. The motion is ruled on as follows. Defendant served the subject discovery on February 16, 2021. The responses were due on March 22, 2021, and Defendant granted Plaintiff's counsel's request for a tenday extension to provide responses. Thereafter, however, no responses were forthcoming. This motion follow...

Excerpt: ... Plaintiffs' Special Interrogatories, Set One, number 1, is ruled upon as follows. Plaintiffs filed two separate motions, but the Court has elected to address both in this single ruling. Defendant has filed an omnibus opposition to both motions. Defendant did not submit a response to Plaintiff's separate statement. Defendant's request for judicial notice is objected to, but is granted. Taking judicial notice of the requested document did not impa...

Excerpt: ... located at 2012 Wyda Way, Sacramento, California (the “Wyda Way Property”). The Wyda Way Property is owned by defendants and cross‐complainants Seung P. Hong and Jin O. Hong (collectively, “Defendants”). Plaintiff currently owns the adjacent property located at 1860 Ethan Way, Sacramento, California (the “Ethan Way Property”). There is a 22 unit apartment building on the Ethan Way Property. Defendants previously owned the Ethan Way...

Excerpt: ...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 for being untimely. The Court declines this request and has considered Plaintiff's opposition. The untimeliness of the oppositio was not so great that Defendants were unable to pre...

Excerpt: ...r judicial notice is granted as to items 1 and 2, the Complaint and FAC filed in this action, but denied as to item 3, which purports to be a letter from the Insurance Commissioner for the Department of Insurance of the State of California. Item 3 is not the proper subject of judicial notice. Even assuming the Court took judicial notice of item 3, it would only take judicial notice of its existence, not the truth of its contents. (Joslin v. H.A.S...

Excerpt: ...ependent Elder Abuse and fraud. In the instant motion, Defendants demur to the Third Cause of Action for Fraud. Plaintiffs allege that Jason Hopkins (the "Decedent") was taken to the emergency room at Rideout Hospital on July 18, 2018. Plaintiffs are the Decedent's heirs. Plaintiff Heaven Hopkins is the Decedent's daughter. Plaintiffs Samantha Miller and Faith Turner are also the Decedent's daughters. Given their age, guardians as litem have been...

Excerpt: ...TAINED, with leave to amend. Plaintiff is an insurance salesman who allegedly worked for Defendants. He alleges that Defendants failed to properly compensate him. (See generally, FAC.) The FAC asserts causes of action for: (1) breach of contract, (2) defamation, (3) Intentional Infliction of Emotional Distress, (4) Tortious Interference with Business Relationship; Intentional Interference with Prospective Economic Relations, (5) Negligent Interfe...

Excerpt: ...al”) (collectively, “Defendants”) request for judicial notice is granted. Defendants' objections to the Declaration of Curtis C. Jung are overruled. This action arises from the alleged fraudulent transfer of $250,000 (the “Transferred Funds”) to the IOLTA account (the “Trust Account”) of Defendants in a series of transactions that were initiated by Jeffrey and Paulette Carpoff (the “Carpoffs”) as part of a Ponzi scheme. In 2018,...

Excerpt: ...ge that J.C. Feagins, IV (the “Decedent”) was in custody at the Sacramento County Main Jail, that Defendant “negligently, unlawfully and carelessly owned, operated” the Jail, that defendant failed to exercise ordinary care and that as a result, the Decedent passed away. (Comp. ¶¶ 14‐21) Defendant moves for summary judgment on the basis that it is immune as a public entity. Defendant cites to Government Code § 815(a) that provides tha...

Excerpt: ...ge that they are officers and directors of Sacramento A‐1 Door (“A‐1 Door”) that were engaged in the process of selling the company's assets. They allege that the relied on InterWest Insurance Services, LLC, Mike McStocker, and Marie Lavana (collectively “Defendants”), their insurance brokers, to obtain ongoing Directors & Officers insurance coverage for A‐1 Door after the sale of the company's assets. Carolina issued the Directors ...

Excerpt: ...ia Case No. Case No. 3:19‐cv4095,Canopy Growth USA LLC v. Research & Development Farming, LLC and Steven Samra. Plaintiff's representation occurred pursuant to a Retainer Agreement entered into by both Defendants on or about July 24, 2019 (the "Retainer Agreement"), signed by Samra individually and as the managing member of R&D. In the course of the representation, Plaintiff periodically invoiced Defendants for services provided and costs incur...

Excerpt: ...ndant Elizabeth James on April 4, 2011, for $11,612.62 in damages, plus $2,070.18 in prejudgment interest; $1,000.00 in attorney fees; and $517.50 in costs. The total default judgment amount was $15,200.30. The judgment was set to expire on April 4, 2021. On December 3, 2020, Plaintiff filed a notice of substitution of counsel along with a Notice of Renewal of Judgment against Defendant. (Aposhian Decl., ¶ 6). On December 3, 2020, the Court ente...

Excerpt: ...ion, whistleblower retaliation in violation of Labor Code § 1102.5 and also a claim under Private Attorneys' General Act of 2004 (“PAGA”). Plaintiff alleges that she was sexually harassed while she was an employee of Sprouts in Vacaville. Plaintiff began her employment with Sprouts in May 2019 and her employment ended in August 2020. While the bulk of plaintiff's complaint focuses on conduct during her employment with Sprouts, she also alleg...

Excerpt: ...California Rural Indian Health Board, Inc. (“CRIHB”) which also allegedly owned the vehicle Defendant was driving. Plaintiff alleges that Defendant left the scene and was ultimately charged with a felony hit and run and a misdemeanor for making a false police report. The Court considered Defendant's opposition despite Plaintiff's argument in reply that it was untimely served. Plaintiff was able to file a complete reply. At issue on the instan...

Excerpt: .... Mina”) (the “Subpoena”) is DENIED. This instant motion was continued by the Court to be heard concurrently with Plaintiffs' motion to compel Mr. Mina's deposition. This case arises out of a three vehicle collision between non‐party Joseph Inch (“Mr. Inch”), plaintiff Zaka Vera (“Mr. Vera”), and Oscar Vasquez ("Mr. Vasquez"), a driver for Defendants' rental‐car relocation company. Plaintiffs allege Mr. Vasquez rearended Mr. Ver...

Excerpt: ...le and installation of premium fireplace products. Plaintiff alleges that Lundgren, its former employee, misappropriated: “9. Plaintiff's confidential and trade secret information includ[ing], among other things, customer lists and contacts; customer information; customer proposals and contracts; and pricing information.” (Complaint, ¶ 9.) On 4/6/2021, Plaintiff served its Amended Trade Secret Designation. It identified its trade secrets as:...

Excerpt: ...e 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) 95...

Excerpt: ...each of fiduciary duty, negligent misrepresentation, and intentional misrepresentation fail to state facts sufficient to constitute a cause of action under Code of Civil Procedure section 430.10(e), since they are time‐barred by the applicable statute of limitations set forth in Code of Civil Procedure section 340.6(a) and do not relate back to the filing of the original complaint. Defendants allege that the addition of Plaintiff Joe's Logistic...

Excerpt: ..., LLC; and S360 Properties' (collectively, “ACC Cross‐Complainants”) amended cross‐complaint (“ACC”). 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). Cross‐Defendants is directed to immediately provide notice to ACC Cross‐ Complainants of the tentative ruling system and to be available at the hearing, via Zoom video or audio...

Excerpt: ...ge and hour action brought by Plaintiffs on behalf of a class of approximately 851 similarly situated individuals. On July 20, 2018, Plaintiff Johnson filed a representative action (the "PAGA Action") (Case No. 34‐2018‐00237292) in the Superior Court of California, County of Sacramento, against Summit Funding, Inc. (“Defendant”) on behalf of herself and other current and former aggrieved employees under the Private Attorneys General Act o...

Excerpt: ...en their Chrysler minivan was struck by a Hyundai Santa Fe driven by Ms. Wander. Ms. Wander has since pled nolo contendre to felony manslaughter. Ms. Wander's felony conviction was expunged on April 21, 2021. (Ms. Wander's RJN Exh. 1.) In August of 2017, plaintiffs Angela Osborn, Kenneth C. Osborn, Samantha Osborn, Elizabeth Osborn, and Lucy Stern Guevara (together, the "Osborn Plaintiffs") commenced an action against Hyundai, alleging that Ms. W...

Excerpt: ...class of approximately 468 similarly situated individuals. Plaintiff's claims are based on defendant The Sygma Network, Inc.'s (“Defendant”) purported failure to pay for all hours worked, failure to provide rest periods, failure to provide accurate wage statements, failure to pay all wages owed at the time of termination or separation, and failure to pay sick time at the regular rate of pay. Plaintiff further alleged Defendant's policies and ...

Excerpt: ...) Here, judgment was entered on January 25, 2021. (ROA 114, 115.) The Court declines to consider the motion as a motion for a new trial under Code of Civil Procedure section 657. Plaintiff has failed to show accident, surprise, newly discovered evidence, or an error of law. To the extent the motion is a motion for relief pursuant to Code of Civil Procedure section 473(b), the motion is also not persuasive. Code of Civil Procedure section 473 (b) ...

Excerpt: ...stiana Kopf, M.D. and Sutter Medical Group also filed a statement of non‐opposition. This action concerns alleged medical negligence involving the alleged negligent care and treatment received by plaintiff Kristen Sells during the labor and delivery of Kash Sincere Delavallade from Dr. Bob and other defendants. Dr. Bob moves for summary judgment on the ground Plaintiffs cannot establish breach of the applicable standard of care or that Dr. Bob ...

Excerpt: ...on is moot as to EGD. I. Overview This is a lemon law action. Plaintiffs allege that on or about October 7, 2017, they purchased a 2017 Chrysler Pacifica from EGD which was manufactured and or distributed by FCA. During the warranty period, the vehicle experienced certain defects. EGD, joined by FCA, moves to compel arbitration pursuant to the Retail Installment Sale Contract ‐ Simple Finance Charge (With Arbitration Provision) (“RISC”). FC...

Excerpt: ...uth 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 action on July 17, 2020, arising out of her purchase of a 2015 Jeep Cherokee (the “Subject Vehicle”) that she alleges is defective. As to FCA, Plaintiff asserts...

Excerpt: ...e April 13, 2021 calendar and allowed plaintiffs to file and serve a supplemental expert declaration on or before April 27, 2021 and for defendants to file and serve a response to the supplemental declaration by May 4, 2021. Plaintiff alleges defendants were negligent in failing to diagnose a benign brain tumor. The defendants jointly and individually move on the following grounds: 1)The defendants, individually or vicariously, complied with the ...

Excerpt: ...e 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 moving memorandum of points & authorities fails to comply with CRC Rule 3.1113 (d)‐(e). Factual Background This litigation arises from defendant Lott's prior employment with plaintiff Ampla Health (“Ampla”), a non‐profit corporation...

Excerpt: ...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. Factual Background This action arises out a January 2020 tractor‐ trailer/passenger vehicle accident in which two individuals lo...

Excerpt: ...ations Code Section 17709.02 , is granted in part as set forth below. Charles Somers and Somers Trust move for security upon the ground that plaintiff Montelena Douglas Physicians, LLC “is more likely than not to fail to succeed on any derivative claim which will benefit the Defendant Douglas Cordova Commercial, LLC or its members, and because a security bond in the amount of $50,000 is reasonable in light of the expenses already incurred and t...

Excerpt: ... pro per filed on 12/15/2020 the present action which purports to allege “equal protection violations” relating to the denial of consideration for parole. Defendants now move to quash plaintiff in pro per's purported service of the summons & complaint by mail on or about 1/12/2021 on the grounds neither was properly served inasmuch as (1) plaintiff mailed two copies of a Notice and Acknowledgment of Receipt form directed to D. Kernan but fail...

Excerpt: ...wage statements that identify the inclusive dates of the pay period, i.e. when the pay period began, and a cause of action for violation of PAGA predicated on Defendants' alleged violation of Labor Code section 226(a). The trial court has broad discretion to determine whether a proposed settlement in a class action is fair. (Rebney v. Wells Fargo Bank (1990) 220 Cal.App.3rd 1117, 1138.) Newberg on Class Actions (4th Ed.), the authoritative treati...

Excerpt: ...of race and disability discrimination, failure to pay overtime wages, waiting time penalties, wrongful discharge, unfair business practices, negligence, breach of contract, breach of implied covenant of good faith and fair dealing. (See generally, FAC (Register of Actions (“ROA”) 49).) Defendants demur to the fifth cause of action (Race and Disability Discrimination in violation of the Unruh Civil Rights Act (§§ 51, 52.1) and Bane Act, and ...

Excerpt: ...possession of [CYSA] under the lease for the real property commonly known as the Cherry Island Soccer Complex (“Cherry Island”) with [Defendant] dated April 10, 2012” pending the hearing on the OSC. In the operative verified first amended complaint filed on April 14, 2021, CYSA alleges causes of action for “anticipatory breach of contract and injunctive relief,” “declaratory relief and injunctive relief”. CYSA also includes a “pet...

Excerpt: ...ween Plaintiffs and Defendant. Examination of the FAC reveals that Plaintiffs quote from these documents extensively and therefore it is appropriate that the Court have the entirety of the documents upon which Plaintiffs base their claims. (Evid. Code § 452 (h.) FACTS The FAC alleges that Plaintiffs Mary White, Richard MacPherson, and Christine Bruce (“Plaintiffs”) are the owners of real property located at 4743 Ponderay, Sacramento, Califor...

Excerpt: ...mes Cokinos' (“Plaintiff”) demurrer and motion to strike Defendant Cemex Construction Materials Pacific, LLC's (“Defendant”) answer is ruled upon as follows. Overview This is a FEHA disability and retaliation action. Plaintiff alleges that after Defendant purchased his predecessor employer, A. Teichert & Sons, Defendant refused to accommodate his back injury by providing a fitted seat with back support, or engage in the interactive proces...

Excerpt: ...Abuse, Negligence Per Se, Unfair Business Practices, Fraud, and Constructive Fraud. Plaintiff alleges that he was neglected while at Defendants' Adult Residential Facility. Plaintiff alleges that he is a 38 year old developmentally and physically disabled adult. (Comp. ¶ 2.) He alleges that he suffers from Cornelia de Lange Syndrome, a genetic disorder which causes a broad range of challenges. He alleges that as a result of the syndrome he was a...

Excerpt: ... and hour action when she filed her complaint against ENS on December 3, 2020. Plaintiff alleges numerous causes of action pursuant to Labor Code § 2698 et seq. (Private Attorneys General Act of 2004 [“PAGA”].) Plaintiff alleges that ENS violated numerous provisions of the Labor Code through misclassifying non‐exempt employees as exempt and then failing to pay wages, failing to provide meal period compensation, failing to permit rest break...

Excerpt: ...."); 7617 Ward Lane, Fair Oaks, CA 95628 ("7617 Ward Lane"); 7621 Ward Lane, Fair Oaks, CA 95628 ("7621 Ward Lane"); 7612 Sunset Ave., Fair Oaks, CA 95628 ("7612 Sunset Ave."); and, 8712 Winding Way, Fair Oaks, CA 95628 ("8712 Winding Way"). All are investment properties that Plaintiff uses as income‐producing rentals. (UMF 1) 3896 Marshall Avenue On or about January 27, 2017, Plaintiff obtained a $240,000.00 loan ("3896 Marshall Loan") evidenc...

Excerpt: ...ted to the Emergency Department at Mercy Hospital of Folsom, where she was evaluated by Kendrick Johnson, M.D. for complaints of low back pain, numbness in her legs, and difficulty ambulating. (UMF 2). Plaintiff had a lumbar MRI taken that revealed multilevel moderate to severe spinal stenosis. (UMF 3). Dr. Johnson reviewed the MRI with Ravi Ramachandran, M.D., who recommended Plaintiff be admitted for pain management and consideration of discect...

Excerpt: ...Andrew Kleeman was driving southbound on Zinfandel Drive when Kleeman fell asleep, crossed the double yellow lines on the roadway into the northbound lane, and collided with Plaintiff's vehicle in a head‐on collision. Plaintiff alleges injury and damages as a result. Plaintiff alleges that Defendant Kleeman was operating the subject vehicle in the course and scope of his employment with Defendant Teichert at the time of the collision. Plaintiff...

Excerpt: ...pel Defendant to provide further full and complete responses to certain requests for production. Defendant, in turn, has repeatedly interposed numerous objections to the requests, including objections based on relevance, burden and oppression, trade secrets and attorney‐client privilege. Despite numerous extensions, multiple attempts to meet and confer, and court orders to produce the documents in question, Defendant has still failed to provide...

Excerpt: ...Tuolumne Drive in Sacramento. Defendant seeks leave to file a cross‐complaint alleging causes of action for breach or oral contract, promissory estoppel, unjust enrichment and fraud in connection. The proposed cross‐ complaint is premised on certain alleged agreements and promises made with respect to the down payment Defendant made to purchase the subject property and repairs that she made. Defendant contends that she did not file the cross�...

Excerpt: ...om at Rideout Hospital on July 18, 2018. Plaintiffs are the Decedent's heirs. Plaintiff Heaven Hopkins is the Decedent's daughter. Plaintiffs Samantha Miller and Faith Turner are also the Decedent's daughters. Given their age, guardians as litem have been appointed for Samantha and Faith Turner. The Decedent was an alcoholic and had a .25 Blood Alcohol Level when he arrived. Plaintiffs allege that the Decedent was left alone despite being in a �...