Excerpt: ...d on September 25, 2020. (See ROA 133.) On February 24, 2021, the Court granted Defendant's motion to set aside the default of Defendant on the basis that he had not been served with the summons and complaint. (See Code Civ. Proc. § 473.5 (“When service of a summons has not resulted in actual notice to a party in time to defend the action and a default or default judgment has been entered against him or her in the action, he or she may serve a...

Excerpt: ...immediately provide notice to Defendant's counsel of the tentative ruling system and to be available at the hearing, via Zoom video or audio, in the event Defendant's counsel appears without following the procedures set forth in Local Rule 1.06(B). Plaintiff moves for summary judgment on the grounds that there is no defense to the complaint, no triable issue of material fact, and no defense to any material fact, and that Plaintiff's evidence esta...

Excerpt: ... should be prepared to point to specific evidence which is claimed to show the existence or non‐existence of a triable issue of material fact. *** Defendant 2017‐2‐IH‐Borrower LP's (“Landlord”) motion for summary judgment is ruled upon as follows. Overview This is a personal injury action. Plaintiffs allege that on 2/28/2019, a large oak tree fell through the roof of Plaintiffs' home (“Property”) which they rented from Landlord. P...

Excerpt: ...arties should be prepared to point to specific evidence which is claimed to show the existence or non‐existence of a triable issue of material fact. *** Defendants John (“John”) and Tracy Weaver's (“Tracy”)(collectively “Defendants”) motion for summary adjudication is ruled upon as follows. The court observes that Plaintiff's opposition to separate statement fails to comply with CRC Rule 3.1350(f)(2) which requires that the “natur...

Excerpt: ...their respective rights and obligations to divert and store water from the Mokelumne River under various permits and licenses issued by the California State Water Resources Control Board (“SWRCB”) and various contractual agreements. In particular, WID and EBMUD dispute the interpretation of the “1965 Agreement” (Joint Ex. B) and its effect on WID's right to water under the prior “1938 Agreement” (Joint Ex. A), and WID's License 5945 (...

Excerpt: ...t the time, Defendant Brumley was employed by Defendants Choice Coffee Services and Daiosh U.S.A., Inc. (“Employer Defendants”). Employer Defendants have admitted that Defendant Brumley was acting in the course and scope of his employment when he struck Plaintiff's vehicle. Employer Defendants are vicariously liable for Plaintiff's injuries and damages caused by Defendant Brumley. Plaintiff alleges injuries including low back pain, neck pain,...

Excerpt: ... policy and the Tom Bane Civil Rights Act. Defendant further contends that the wrongful termination and Bane Act violation causes of action that were added after the original complaint was filed do not “relate back” to Plaintiff's original complaint, and thus the actions are barred by the statute of limitations. Plaintiff's claims arise out of his termination by Defendant on December 20, 2017. On December 12, 2018, Plaintiff filed his origina...

Excerpt: ...inst public policy and the Tom Bane Civil Rights Act. Defendant further contends that the wrongful termination and Bane Act violation causes of action that were added after the original complaint was filed do not “relate back” to Plaintiff's original complaint, and thus the actions are barred by the statute of limitations. Plaintiff's claims arise out of her termination by Defendant on December 20, 2017. On December 12, 2018, Plaintiff filed ...

Excerpt: ... 2020, Defendant served a subpoena on Plaintiff and Plaintiff's cellphone provider, Boost Mobile c/o Sprint Corporation, seeking relevant phone records over the duration of Plaintiff's employment. (Blueford Decl. ¶ 4.) Plaintiff never served objections to or sought to quash the subpoena. (Id. ¶ 5.) Boost Mobile, through counsel, informed Defendant on or about February 1, 2021, that it would only release the phone records after Plaintiff signed ...

Excerpt: ...he County has filed two identical motions for protective order, one in each case. The court is issuing the same ruling in each case. (See ruling in Case No. 2020‐00287693) This is a nuisance abatement action in which Plaintiff County of Sacramento alleges that Defendants have constructed an Accessory Dwelling Unit ("ADU") on certain real property in Fair Oaks without the requisite building permits, in violation of numerous provisions of the Cou...

Excerpt: ...ndant further contends that the wrongful termination and Bane Act violation causes of action that were added after the original complaint was filed do not "relate back" to Plaintiffs original Complaint, and thus the actions are barred by the statute of limitations. Plaintiffs claims arise out of his termination by defendant Zurich American Insurance Company on December 20, 2017. On December 12, 2018, Plaintiff filed his original Complaint against...

Excerpt: ...he County has filed two identical motions for protective order, one in each case. The court is issuing the same ruling in each case. (See ruling in Case No. 2020‐00288731) This is a nuisance abatement action in which Plaintiff County of Sacramento alleges that Defendants have constructed an Accessory Dwelling Unit ("ADU") on certain real property in Fair Oaks without the requisite building permits, in violation of numerous provisions of the Cou...

Excerpt: ...iders (1) a rough approximation of the plaintiff's total recovery and the settling party's proportionate liability; (2) the amount to be paid in the settlement; (3) the proposed allocation of the settlement proceeds among plaintiffs; (4) a recognition that the settling party should pay less in settlement than if they were found to be liable after trial; (5) the financial condition of the settling party, and the insurance policy limits, if any; an...

Excerpt: ...d 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. (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 acc...

Excerpt: ...al. v. The California State Grange, et ai. Case No. 34‐2012‐00130439.) CSG's Evidentiary Objection to the Declaration of Kevin Kasnick are sustained. The evidentiary objections to the Deposition of Betsy Huber (Fayard Decl.) are overruled. EG Guild's Evidentiary Objections to the Declaration of Herman are overruled. In its Complaint, CSG alleges the following cause of action: 1st cause of action Declaratory Relief, 2nd cause of action Cancell...

Excerpt: ...” CCP § 2031.310(b)(1) (emphasis added); Kirkland v. Sup. Ct. (Guess?, Inc.) (2002) 95 Cal.App.4th 92, 98. 2. To establish “good cause,” the burden is on the moving party to show both relevance to the subject matter and specific facts justifying discovery (e.g., why such information is necessary for trial preparation or to prevent surprise at trial.) Glenfed Develop. Corp. v. Sup. Ct.; National Union Fire Ins. Co. of Pittsburgh, Penn. (199...

Excerpt: ...rty seeking relief under section 473 bears the burden of proof. In re Marriage of Kieturakis (2006) 138 Cal.App.4th 56, 80. 4. “In determining whether the attorney's mistake or inadvertence was excusable, ‘the court inquires whether “a reasonably prudent person under the same or similar circumstances” might have made the same error.”' [Citation.]” Zamora v. Clayborn Contracting Group, Inc. (2002) 28 Cal.4th 249, 258. “In other words...

Excerpt: ...iability. By way of the instant motion it moves to compel the Director of the Employment Development Department (“EDD”) and the Executive Director of the California Unemployment Insurance Appeals Board (“CUIAB”) to various forms of written discovery. The Court previously denied Defendants' motion for a protective order in which they requested that they need not respond to discovery until Plaintiff has been found to state a valid cause of ...

Excerpt: ...e § 17200; (4) violation of Business & Professions Code § 17500; and (5) declaratory relief. Plaintiff alleges that Defendant improperly assesses numerous insufficient funds fees (“NSF fees”) on a single item. (FAC ¶ 1.) Plaintiff alleges that the subject Account Agreement and Fee Schedule (“Account Agreement”) provided that Defendant would charge one NSF fee for an item that was returned one or more times for insufficient funds but th...

Excerpt: ...ion papers (or the exhibits thereto) since the Court's consideration in connection with a demurrer is by law limited to only those facts properly alleged in the pleading being challenged and those facts for which judicial notice is both requested and granted. Factual Background Plaintiffs Stettner and Zousmer, both of whom have leased Mercedes‐Benz vehicles, filed this action “seeking public injunctive relief arising from [MBFS's] unlawful bu...

Excerpt: ...cal repair and maintenance services Plaintiff allegedly provided at various prisons. Plaintiff alleges that it subcontracted with Vistam to provide electrical services at several of the CDCR's facilities and that Vistam failed to pay as agreed. Plaintiff alleges breach of contract causes of action against Vistam in addition to various common count causes of action, stop notice causes of action and a cause of action for failure to provide a bond. ...

Excerpt: ... provisions of the County Code. Plaintiff seeks injunctive relief requiring Defendants to obtain the requisite permits or alternatively to remove the structure. This matter was continued from April 1, 2021 after Plaintiff filed an “objection” just prior to the hearing indicating it had not been served with the demurrer and only discovered it by checking the Court's website. The Court continued the matter to permit the filing of an opposition....

Excerpt: ...uld pay Hartin & Hume $12,000 in exchange for a dismissal of Hartin & Hume's cross‐complaint. Though there is no written settlement agreement, DCD now moves to “enforce” the oral settlement pursuant to CCP § 664.7 and requests that the Court order Hartin & Hume to sign a written settlement agreement, accept tender of $12,000, and dismiss the crosscomplaint. DCD also seeks sanctions. Hartin & Hume oppose the motion on the basis that the Cou...

Excerpt: ...ing mediation in October 2020, plaintiff filed and served Doe Amendments naming the following: Doe 1: Construction Innovations Group, LLC Doe 2: Rex Moore Electrical Contractors & Engineering, Inc. Doe 3: Rex Signature Services, LLC Moving Papers. Defendants now move to quash these Doe Amendments on the ground that plaintiff was at the time the original complaint was filed in 2019 not “genuinely ignorant” of the identity of these defendants a...

Excerpt: ... sexual and racial harassment and a cause of action for wrongful termination in violation of public policy. Plaintiff, who is an African‐American female worked for Defendant Capitol Area Development Authority (“CADA”) as a leasing agent for three years. She alleges that her superiors discussed their sex life around her, made derogatory racial comments and displayed offensive pictures. (FAC ¶¶ 18, 19.) She alleges that she was sometimes re...

Excerpt: ...t in July 2020. Having not received any answer to complaint, plaintiff served by mail to Maryland (where defendant had relocated) a request for default and default judgment on 8/24/2020. According to the Court's file, both the default and default judgment were entered on 8/25/2020. On 9/14/2020 plaintiff served by mail to Maryland a Notice of Entry of Judgment. The Court notes that on 10/6/2020 defendant filed a separate breach of contract action...

Excerpt: ...ation, assault, and battery. Plaintiff alleges that Defendant ISS Facility Services, Inc. (“ISS”) was his employer. Plaintiff also “sues fictitious defendants Does 1 through 50 . . . because their names and/or capacities and/or facts showing them liable are not known presently.” (FAC ¶ 5.) Plaintiff alleges the Doe Defendants were “the agent and/or employee of every other defendant acting within the course and scope of said agency and/...

Excerpt: ...a hearing on the motion as it may involve the receipt of evidence. Although the Court anticipates that no party will request oral argument, and while no class member indicated any intent to appear at the hearing, this does not relieve the parties from appearing at the hearing or otherwise render the instant ruling final in the event oral argument is not requested. The Court will not render a final ruling until it holds the preliminary approval he...

Excerpt: ...n" or “the company”) and that on August 1, 2017, they entered into an agreement to sell their shares in D.Y. Calison to Amber and Robert Sykosky (the "Sykoskys"). That the sale closed on September 1, 2017. Prior to the sale, D.Y. Calison had obtained workers' compensation insurance from a carrier called Berkeley Net through Defendant. In obtaining the insurance policy, the Yaws told Defendant that they were selling D.Y Calison to the Sykoskys...

Excerpt: ...89.) A demurrer is used to challenge defects that appear on the face of the pleading under attack. (Blank v. Kirwan (1985) 39 Cal.3d 311, 318; Donabedian v. Mercury Ins. Co. (2004) 116 Cal.App.4th 968, 994.) A demurrer can be utilized where a complaint itself is incomplete or discloses some defense that would bar recovery. ( Guardian North Bay, Inc. v. Superior Court (2001) 94 Cal.App.4th 963, 971‐972.) In reviewing the sufficiency of a complai...

Excerpt: ...s on the premises where the model homes were sold, i.e., the “Fireside” development. Plaintiff alleges that Defendant's guards were often late and failed to comply with check‐in procedures, including at the exact date and time of Plaintiff's assault. Plaintiff also alleges that there had previously been concerns raised to Defendants regarding the behavior of the very man who eventually did allegedly assault Plaintiff. (See generally, Pl.'s ...

Excerpt: ...oom audio, if available (see bolded language above), to participate in oral argument on the continuance date. Defendants V. Penmetcha, M.D., A. Johnson, M.D., and S. Hill (collectively, “Defendants”) demurrer to Plaintiff Mervin LeRoy's (“Plaintiff”) First Amended Civil Complaint (“FACC”) is sustained with leave to amend. Plaintiff's currently‐operative “First Amendment Civil Complaint” (“FACC”) is actually the Second Amende...

Excerpt: ...dical physician, on various rating platforms, including but not limited Yelp, Google Reviews, and Web MD. The posts asserted representations that Plaintiff was an unskilled, unconcerned with patient care, had a bad bedside manner, was unable to interact with patients, committed malpractice, and is dishonest. Plaintiff alleges that these statements were not made by real patients but instead were made by Defendants Jamie and Fiona Arenson, with mov...

Excerpt: ...mands for Production Set Four, is ruled upon as follows. This case arises out of a collision between a golf cart and a two‐year‐old boy at the 2018 Dixon May Fair. The golf cart was allegedly owned by Defendant Professional Event Services (“PES”) and was being driven by Defendant John Meek. While traveling through a concert venue at the fair venue, Mr. Meek drove the golf cart into and over Plaintiff David S. Cruz Abundio ("Plaintiff'), a...

Excerpt: ...eviously, Plaintiff moved to compel Defendant to provide full and complete responses to certain requests for production (set one). The Court granted the motion, but narrowed the scope of the requests. The subject requests, Nos. 1, 13, 17, 20, 22, 70, 74, and 75 related to Defendant's investigations and analysis regarding the Defects. Defendant had interposed numerous objections, which the Court overruled. In its Order of 1/14/21, the Court held t...

Excerpt: ...on as follows. Plaintiff alleges he was an employee of Acana Management beginning in or around June of 2015, and worked as a laborer until his wrongful termination on or about May 6, 2016 due to a perceived disability after he suffered a torn meniscus. Plaintiff alleges nineteen causes of action arising out of his employment. He alleges claims under FEHA, the Labor Code, and common law. In the instant motion, Plaintiff asserts that “Defendants ...

Excerpt: ...as follows. Factual Background This elder abuse/wrongful death action arises out of Eva Harris' eight‐day stay at a health facility, MCHC, during which time she suffered a fecal impaction that led to other complications causing her death on 6/29/2018. Suit was commenced on 6/13/2019 against defendant MCHC and Does 1‐100 but shortly thereafter, plaintiffs filed a series of amended complaints which inter alia named several additional defendants...

Excerpt: ...ording to the complaint, plaintiff purchased the subject property in 1993 and then re‐financed her mortgage in 2008 with a $455,000 loan from Accredited Home Lenders, Inc., not a party to this suit, which was secured with a Deed of Trust ("DOT"). This DOT was subsequently assigned in 2010 (along with a substitution of trustees), 2011, 2012, 2015, 2016 and 2018, with the last one being in favor of defendant Wilmington. "In January 2019, Wilmingt...

Excerpt: ...GRANTED with respect to Dr. Shorr and Dr. Barchuk. Defendants Faryal Michaud, D.O., and Robert Dias, M.D., oppose the motion. Defendant Dignity Health also opposes. This ruling refers to Drs. Michaud, Dias, and to Dignity Health collectively as “Defendants.” In this medical malpractice action, Plaintiff alleges a single cause of action for medical malpractice against Defendants relating to his stay and treatment at Mercy General Hospital from...

Excerpt: ...s are overruled. FACTS This action arises out of plaintiff Emilee Richardson's ("Plaintiff") employment with Defendants THE MUNIRS COMPANY, THE MUNIRS COMPANY II, T&S BUSINESS CORPORATION, PANCAKES 3457, FNC, AND PANCAKES 1716, INC., all of which are owned by or are franchisees of IHOP RESTAURANTS, INC. Plaintiff worked as a restaurant hostess and later as a server from approximately October 2, 2017, to approximately March 24, 2020. Plaintiff cla...

Excerpt: ...the complaint, “Plaintiff seeks to correct and recover damages for the following but not necessarily limited to breaches by Defendants: self‐dealing transactions, improper distributions, improper loans, mismanagement of religious trust funds, failure to provide accurate financial statements, fraudulent acts by Defendant Surendra Singh, fraudulent acts by Defendant Church Board, subject to proof.” In describing the first cause of action, pla...

Excerpt: ...ts the fact of the existence of the documents submitted, not the truth of their contents. (SeeProfessional 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.) FACTS In this elder abuse action, Plaintiffs' decedent, Christine Patton was living in a residential care facility, Laguna Woods. Ms...

Excerpt: ...ourt on September 15, 2017. (See ROA 9.) On December 4, 2019, Plaintiff dismissed all individual defendants. On March 10, 2020, the federal court granted Plaintiff's motion to amend her complaint, in part, and dismissed Plaintiff's fourth and fifth causes of action for discrimination and retaliation in violation of the Family Medical Leave Act (“FMLA”), and remanded the case back to this court. Defendant now seeks summary adjudication on each...

Excerpt: ... Luster's licenses after he tested positive for cocaine use. (See FAC, Exhs. 2, 3.) Luster disputes the validity of the test. Luster alleges that the laboratory that tested the cocaine‐positive sample did not follow proper procedures, i.e., by failing to contact him and inquire if he was taking any medications that could have triggered a false positive. He alleges that he never used cocaine, that the only drugs he took were prescribed, and that...

Excerpt: ... within five years and to expunge Lis Pendens is ruled upon as follows. This is a nonjudicial foreclosure case. Pro per Plaintiff Roddie McElhaney filed her complaint on 5/14/2014. Thus, absent any reason for excluding time, the 5 year period expired on 5/14/2019. "[A]n action shall be brought to trial within five years after the action is commenced against the defendant." (CCP § 583.310.) "[A]n action shall be dismissed...after notice to the pa...

Excerpt: ...d upon as follows. Defendant filed an untimely opposition on April 16, 2021, only two court days prior to the hearing in violation of CCP § 1005. Defendant submitted a declaration indicating the untimely filing was the result of a staff calendaring error in counting calendar days instead of court days, which resulted in the deadline to file an opposition being calendared as April 12, 2021 (instead of April 8, 2021). The staff member discovered t...

Excerpt: ...ments, Set Two, No. 48, is ruled upon as follows. As pointed out by Plaintiff, CDCR's opposition was sent via regular mail, without a courtesy email copy, rather than by personal delivery, facsimile transmission, express mail, or other means reasonably calculated to ensure delivery not later than the close of the next business day after the papers are filed. (CCP § 1005(c).) Plaintiff was to receive CDCR's opposition on April 9, 2021, but did no...

Excerpt: ...ners (1976) 11 Cal.3d 2, The contradiction between prior discovery responses, here interrogatories, and the current declaration must be clear and unambiguous, not fragmentary or equivocal responses made during the prior discovery. Price v Wells Fargo Bank (1989) 213 Cal.App.3d 465, 482; Benvenidez v San Jose Police Dept. (1999) 71 Cal.App.4th 853, 861‐862. The Court finds that the interrogatory responses, which describe among other things her m...

Excerpt: ...specifying the sanctions sought, nor providing a supporting declaration. This action arises from an alleged incident which occurred on March 22, 2020 at the Walmart in Folsom, California. Plaintiff had placed two packs of toilet paper in her shopping cart in violation of the Covid‐19 limit of one pack of toilet paper per customer. Plaintiff contends she was assaulted and battered by the store's Assistant , defendant Andy Litsas, when he removed...

Excerpt: ...ion to a cause of action for violation of Business and Professions Code § 17200 which is premised on the Song‐ Beverly Act violations. Defendant moves to compel arbitration of Plaintiff's complaint pursuant to an arbitration provision contained an online Motor Vehicle Purchase Agreement (“MVPA”). The subject provision in the MVPA, which is set apart from other provisions, reads as follows: Agreement to Arbitrate. Please read this provision...