Excerpt: ...evard in which Plaintiff Mahmoud Khattab. M.D. (“Dr. Khattab”) and Plaintiff 9250 Big Horn Holdings, LLC (“Big Horn”) entered into a construction agreement with Defendants and Sheba Construction, Inc. (“Sheba Construction”), whereby Defendant would serve as the project developer for the building's construction and Sheba Construction would act as the general contractor. At issue on the instant motion are Plaintiffs' third and fourth ca...

Excerpt: ...laint in July 2018 alleging causes of action against Defendant Kiene and others for breach of lease and guaranty. Defendant Kiene and Gary Eblen then filed a cross‐complaint against Plaintiff and Taylor's Investment Co. for negligence, breach of contract and more. The cross‐complainants alleged that rental obligations were excused as a result of environmental issues which led them to vacate the subject premises. Taylor's Investment Co. is the...

Excerpt: ... 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. *** Plaintiff's memorandum of points & authorities in opposition fails to comply with CRC Rule 3.1113(d)‐(f) but the opposition was nevertheless considered. The Court did not consider any of the declaration filed by Plaintiff since the Court's consideration in conn...

Excerpt: ...nd for trespass. Plaintiff alleged that it was formed in May 2017 to engage in the ownership, development and leasing of real property. Provident Trust Group, LLC Custodian FBO William Lauth IRA was the majority member with 81.25% of the membership interests and Defendant owned the remaining 18.75% membership interests. Plaintiff is a managed the LLC and the elected manager has the exclusive authority to manage Plaintiff's business. Plaintiff's s...

Excerpt: ...dist Hospital, complaining of pain in the right hip and the right knee. Ms. Newsome was 92‐years‐old with a history of hypertension, diabetes, atrial fibrillation, and arthritis. Ms. Newsome denied any recent falls or trauma prompting the pain, and her son and daughter advised Dr. Robinson that they were attempting to have her placed in hospice care. Dr. Robinson further noted that Ms. Newsome had a “Do Not Resuscitate” directive. Dr. Rob...

Excerpt: ...equest for Judicial Notice is unopposed and is granted. FACTS This dispute arises out of Thandi's agreements to purchase two commercial vehicles (used charter buses) in late 2015 and early 2016 from Advantage, to be financed by monthly installment payments. Advantage alleges in its Complaint that Thandi has defaulted on its promises to pay, and that Thandi's principal, Mr. Thandi, breached the personal guaranties he executed in connection with th...

Excerpt: ...'s ruling tentatively indicates that it will grant final approval of the class action settlement, subject to certain conditions, the Court must still hold 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 rende...

Excerpt: ... in order to add among other allegations a PAGA cause of action. (Plaintiff provided PAGA notice to the Labor Workforce Development Agency (“LWDA”) on November 12, 2020.) The parties have stipulated to this amendment in order to complete the proposed settlement in full. Although such an amendment would usually require a separate noticed motion, the Court will grant leave here in order to position the action for settlement and effectuate the p...

Excerpt: ...Intentional Interference with Contractual Relations, Intentional Interference with Prospective Economic Relations, Breach of Duty of Loyalty, Breach of Duty of Care, Conversion, and Breach of Contract. Altahan and Co‐ defendant/Cross‐Complainant TUPS, Inc. ("TUPS") filed a cross‐complaint for Breach of Contract, Conversion, and Unjust Enrichment. The instant motion pertains to efforts by Altahan and TUPS to take the deposition of Banah, bot...

Excerpt: ...6 overruled. Requests for Judicial Notice Maher's Requests for Judicial Notice are GRANTED as to Nos. 2‐4. The Request is DENIED as to Request No. 1. RGW's Request for Judicial Notice Nos. 1‐9 is GRANTED. The Request for Judicial Notice regarding Request Nos. 10 and 11 is denied, as documents related to settlement cannot be used to establish facts. L&H's Request for Judicial Notice is GRANTED as to Nos. 1‐ 3 and denied as to No. 4. In grant...

Excerpt: ...ligence, including that of Dr. Manalo. Marshall Schilling alleges a dependent claim for loss of consortium due to Regina Schilling's injury. Dr. Manalo moves for summary judgment upon the grounds that undisputed facts show his medical care and treatment of plaintiff Regina Schilling met the applicable professional standard of care, and did not cause or contribute to her alleged injuries. Dr. Manalo moves for summary judgment as to Marshall Schill...

Excerpt: ...oduce the custodian of records for all categories specified in the deposition notice, is DENIED as set forth below. Plaintiff's concurrent motion pursuant to Code of Civil Procedure section 2023.010, et seq., 2030.010 et seq., and 2031.010 et seq for terminating, issue, and evidentiary sanctions is DENIED. Plaintiff's concurrent motion for monetary sanctions in the amount of $10,000 is DENIED. The Court initially observes that Code of Civil Proce...

Excerpt: ...en he was sentenced to prison for life he entrusted his savings, a retirement account containing $114,730 as of August 2012, to defendant who was his childhood friend. In that respect, Plaintiff alleges that he gave defendant a power of attorney. Plaintiff alleges that he directed Defendant to access the account and pull out $11,000 and put $10,000 on his books. Plaintiff alleges that in September 2012 he discovered that half of the retirement ac...

Excerpt: ...Southgate's concurrent motion for monetary sanctions is denied as the motion is not opposed. Diede's "Non‐opposition" to the motion contains several arguments explaining or justifying the past conduct of the parties regarding this production, and arguing against the imposition of sanctions. However, since Diede represents in the opening sentence that it does not oppose the motion to compel, the remaining arguments in the nonopposition shall be ...

Excerpt: ... opposes the motion. Plaintiff filed this action on May 12, 2020. Her Complaint alleges one putative class action claim pursuant to Business and Professions Code section 17200 et seq. which in turn is founded upon alleged violations of the Labor Code including misclassification as independent contractors, failure to pay overtime, failure to provide meal periods and rest periods, failure to pay minimum wage, and failure to reimburse business expen...

Excerpt: ... to the extent that she is deaf. Her primary means of communication with others is American Sign Language (otherwise referred to as “ASL”). She obtained a homeowners insurance policy from Defendant CSAA Insurance Exchange (“CSAA”). On October 13, 2017, the property sustained severe water damage. She alleges that CSAA refused to provide her with an ASL interpreter to communicate with her. CSAA eventually hired a remediation and constructio...

Excerpt: ...rial was initially scheduled for 10/26/2020, but the court vacated the trial date due to the COVID‐19 pandemic. At the time Rai filed this motion, trial was set to commence on 4/26/2021, however, Rai had a motion to continue trial set for 4/6/2021. The Presiding Judge granted the motion to continue the trial. The trial is now scheduled for 6/14/2021. Rai moves to compel Plaintiff's attendance at deposition and an order allowing his deposition t...

Excerpt: ...videntiary Objections The Court does not rule on Defendant Powerglide Holdings, LLC's (“Defendant”) evidentiary objections since they concern evidence immaterial to the Court's decision on the motion. (Code Civ. Proc., § 437c, subd. (q).) Plaintiff's evidentiary objection No. 6 is overruled. The Court does not rule on the remainder of Plaintiff's evidentiary objections since they concern evidence immaterial to the Court's decision on the mot...

Excerpt: ...) and Austin Matulonis (“Matulonis”). Plaintiff alleges that Matulonis discriminated against and harassed Plaintiff due to her sex, gender and/or sexual orientation, as well as retaliated against her when she made complaints. Plaintiff alleges that Matulonis' harassment and discrimination against her first began in March 2016 until June 2017 when CHP transferred Plaintiff to a different position. By this motion, Plaintiff moves to compel CHP ...

Excerpt: ...nts New York Life Insurance Company and NYLife Securities, LLC's (collectively, “New York Life”) demurrer to plaintiffs Steven Hattendorf and Brandy Hattendorf's (collectively, “Plaintiffs”) First Amended Complaint (“FAC”) is SUSTAINED with leave to amend. Plaintiffs' request for judicial notice in support of their original moving papers is granted as to items 1 and 2. The request as to item 3, which is the California Department of In...

Excerpt: ...nistrative agencies that are referenced in the plaintiff's complaint. Plaintiff Patrick Notestine's ("Plaintiff or "Notestine") Complaint ("Compl.") alleges a third cause of action against Defendant Patriot Environmental Services, Inc. ("Defendant" or "Patriot") pursuant to the Private Attorneys General Act, Labor Code §§ 2698, et seq. ("PAGA"). Plaintiff seeks to recover civil penalties on behalf of all "current or former employees of Defendan...

Excerpt: ...pay Plaintiffs' reasonable attorney's fees, costs, and expenses with Plaintiffs as the designated prevailing party Civil Code § 1794(d). Under the Song‐Beverly Consumer Warranty Act, Crv. Code § 1791 et seq., the prevailing buyer is entitled to recover reasonable attorney's fees, based on actual time expended, and court costs and expenses. Civil Code § 1794(d). Thereafter the settlement was delayed when the vehicle was in an accident and a s...

Excerpt: ...ts, LLC (“Crescent”) and 9750 Airport Management, LLC (“9750”) (collectively, “Defendants”). This is a coordinated action. On December 8, 2016, plaintiff Anatoli Romanov ("Plaintiff Romanov") filed a class action complaint entitled Anatoli Romanov v. Crescent Hotels & Resorts, LLC, et al., in the Sacramento County Superior Court, Case Number 34‐2016‐00204535 (the "Romanov Action"). The Romanov Action asserts the following causes o...

Excerpt: ...‐site accident involving Plaintiff, Dean Robbins ("Plaintiff” or “Mr. Robbins”). On May 8, 2017, Plaintiff was injured while working on a construction project taking place in Elk Grove, California called the Echo Water Project (the "Project"). (UMF 2.) Plaintiff was a Senior Inspector and performed tasks as a welding inspector in May of 2017. (UMF 7) On May 8, 2017, when Plaintiff was being shown the Flatiron job site, he stepped into a h...

Excerpt: ...nty Sheriff Deputies had mistakenly entered his building when searching for a transient who had been reportedly trespassing at the adjacent commercial building next door. Plaintiff's First Amended Complaint alleges causes of action for violation of his civil rights and related claims. Defendants have submitted facts in their separate statement and supporting evidence that deputies responded to a late night call regarding a trespass and burglary a...

Excerpt: ...ant's office in September 2015. Defendant moves for summary judgment on the ground Plaintiffs cannot establish breach of the applicable standard of care and Defendant did not cause or contribute to Adrian's alleged injuries. In evaluating a motion for summary judgment the court engages in a three step process. First, the Court identifies the issues framed by the pleadings. The pleadings define the scope of the issues on a motion for summary judgm...

Excerpt: ...erruled. Plaintiffs' Request for Judicial Notice of specified items in the Register of Actions in this case is granted. This elder abuse action arises out of the care and treatment plaintiff Helen Williams ("Ms. Williams") received while she was a resident of Manor Care, a skilled nursing facility in Citrus Heights, California, in January and February of 2018. Plaintiffs' demand seeks to inspect Ms. Williams' PHI/EHR (Health Record) at the highes...

Excerpt: ...ranted. 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 action on January 12, 2021, arising out of his purcha...

Excerpt: ...s final. The defendants jointly and individually move on the following grounds: 1)The defendants, individually or vicariously, complied with the required standard of care in treating plaintiff Christopher Miller, negating breach of duty; 2) there is an absence of legal causation between any negligent act and/or omission on the defendants' parts individually or vicariously and injury to plaintiff Christopher Miller; and, 3) The defendants, individ...

Excerpt: ...tax liability. Defendants seek a protective order pursuant to CCP § 2017.020(a) which allows a court to limit discovery if it determines that “the burden, expense, or intrusiveness of that discovery clearly outweighs the likelihood that the information sought will lead to the discovery of admissible evidence.” (CCP § 2017.020(a).) To that end, they seek a protective order stating that they do not need to respond to any further discovery unt...

Excerpt: ...motion is opposed by co‐ defendant L.A.'s Best Security, Inc., dba American Calstar Security ("LABS"). The factual allegations of Plaintiff's action, the procedural history of the action, and the terms of the conditional settlement are all well described in the moving papers and need not be recited here. The California Supreme Court's opinion in Tech‐Bilt, Inc. v. Woodward‐Clyde & Assocs. (1985) 38 Cal. 3d 488, guides the court's inquiry un...

Excerpt: ...March 23, 2015. This motion was placed on today's calendar after the Court granted Defendants' ex parte application for an order shortening time on March 24, 2021. Defendants move for a protective order pursuant to CCP § 2034.250 in connection with Plaintiffs' demand for exchange of expert witness information that was served on March 10, 2021. According to Defendants, the demand was duplicative of the previous demand served in March 2020. Defend...

Excerpt: ...assment based on disability, retaliation, failure to engage in the interactive process. She also alleges the Tenth Cause of Action for Intentional Infliction of Emotional Distress (“IIED”) which is the subject of the instant demurrer. Plaintiff began her employment with CSU in 1989 and is currently employed as an Administrative Support Coordinator I. She alleges that she suffers from numerous physical disabilities including anxiety and depres...

Excerpt: ...e building permits in violation of numerous provisions of the County Code. Plaintiff previously sought a TRO/OSC re: preliminary injunction which the Court denied on November 20, 2020. (ROA 11) The Court found that the application did not contain sufficient evidence to show irreparable harm or emergency as there was no evidence that the ADU was occupied at the time and that the argument that unpermitted construction presented a risk of public har...

Excerpt: ...er real property at 8529 Bond Road in Elk Grove. JJD's predecessor‐in‐interest Elk Grove Marketplace, LLC entered into a lease agreement with Jo‐Ann's predecessor‐in‐interest FCA of Ohio, Inc. dated June 13, 2003 (“Lease”). JJD is the landlord and Jo‐Ann is the tenant under the Lease. JJD contends that certain provisions in the Lease setting forth when Jo‐Ann would pay reduced “alternative” or “Substitute Rent” in Sectio...

Excerpt: ... Complaint asserts against defendants American Staffing Services, LLC, Galvez and others for misappropriation of trade secrets, interference with contract and prospective economic relations, breach of fiduciary duty, defamation, false advertising and unfair business practices. Defendant Galvez filed in December 2018 a cross‐complaint against SVSD, McAlpine and others for breach of contract, false promise, intentional misrepresentation, negligen...

Excerpt: ...nses to Defendant's special interrogatories nos. 4, 8, 12, 17 and 20. These interrogatories asked Plaintiff to identify documents which she relied upon to support her contentions regarding Defendant's liability. For each interrogatory Plaintiff interposed numerous boilerplate objections, including objections based on relevance, that the interrogatories were overbroad and premature, called for expert witness information and a legal conclusion. Sub...

Excerpt: ... reopen discovery. This is Plaintiff's fourth attempt to try to reopen discovery. Plaintiff calls her motion an “objection to sanctions,” and she objects to the $852.50 in monetary sanctions that were awarded to Defendants pursuant to CCP § 128.5 on January 26, 2021. Plaintiff asks this Court to vacate the sanctions order, but she also asks the Court to vacate “all the orders.” A full reading of her moving brief reveals that Plaintiff, f...

Excerpt: ...California. The Complaint contains causes of action for the following alleged violations: (1) Labor Code §§510 and 1198 (Unpaid Overtime); (2) Labor Code §§ 226.7 and 512(a) (Unpaid Meal Period Premiums); (3) Labor Code § 226.7 (Unpaid Rest Period Premiums); (4) Labor Code §§ 1194, 1197, and 1197.1 (Unpaid Minimum Wages); (5) Labor Code §§ 201 and 202 (Final Wages Not Timely Paid); (6) Labor Code § 204 (Wages Not Timely Paid During Empl...

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: ...leging causes of action for breach of contract, breach of the covenant of good faith and fair dealing, “deceit,” “concealment,” based on allegations that Plaintiff charges credit card interest in excess of allowable rates. Nowhere in the cross‐complaint does Defendant indicate that he seeks to represent a class. Nevertheless, he now brings the instant motion seeking to certify his crosscomplaint as a class action. He indicates that the ...

Excerpt: ...amin James White initially failed to answer the Complaint and Plaintiff requested and obtained an entry of default and a default judgment on June 8, 2017. Plaintiff served the Notice of Entry of Judgment on July 28, 2017. On September 18, 2019, Defendant moved to set aside the entry of default and the judgment on the grounds that he had not been properly served with the Complaint, which was served by substitute service. On November 21, 2019, the ...

Excerpt: ...stence or non‐existence of a triable issue of material fact. *** Defendant the State of California by and through the 36th District Agricultural Association aka Dixon May Fair's ("Defendant" or "District” or the "36th District") Motion for Summary Judgment Or, In The Alternative, Summary Adjudication is DENIED. This case arises out of a collision between a golf cart and a two‐year‐old boy at the 2018 Dixon May Fair. The District is a stat...

Excerpt: ...n this action, Plaintiff Pamela Palmieri (“Plaintiff Palmieri”) alleges that she represented Plaintiff Kayrinkia Gilliland (“Plaintiff Gilliland") in a foreclosure‐related matter. She alleges that she had a contingency fee agreement allowing for a percentage of the gross recovery and also provided her a charging lien for any sums owing for unpaid fees and costs. Plaintiff Palmieri alleges that she associated with Defendants in June 2016 a...

Excerpt: ...tice of findings of fact does not mean that those findings of fact are true];Steed v. th Department of Consumer Affairs(2012) 204 Cal.App.4th112, 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 findings of the judge who was sitting as the trier of fact, is not entitled to notice."];Sosinsky v. Grant(1992) 6 Cal.App.4th 1548, 15...

Excerpt: ...ry 2019 and the pleading purports to assert causes of action for retaliation and disability discrimination under the FEHA, retaliation in violation of the Labor Code, and retaliation in violation of the Health & Safety Code. Defendant denies liability, insisting that Plaintiff's employment was terminated was a legitimate non‐ discriminatory and non‐retaliatory reason: Plaintiff's failure to perform her managerial duties and specifically, her ...

Excerpt: ... Plaintiffs allege that on September 16, 2016, the Decedent was working in the course and scope of his employment with Goodwill Industries as a "Loader and Unloader." Plaintiffs allege that the Decedent was checking the alignment of a container being unloaded from a "roll‐off‐hoist‐truck" when he was fatally injured. Plaintiffs allege causes of action for strict products liability, negligence (products), negligence, and a "survivor's action...

Excerpt: ... cause of action for fraud (negligent misrepresentation), third cause of action for fraudulent concealment, breach of fiduciary duty, and breach of covenant of good faith and fair dealing. Defendant's issues for summary adjudication are: (1) Plaintiff's claims for fraud ‐ intentional misrepresentation, fraud ‐ negligent misrepresentation, and fraudulent concealment, breach of fiduciary duty, and breach of covenant of good faith and fair deali...

Excerpt: ...olve whether the Demurrer disposes of the causes of action asserted by Plaintiff in his complaint in their entirety.” The continuance provided that the reply briefing would be due according to the new hearing date. No reply brief was filed. Defendant demurs to the first cause of action for common counts for unjust enrichment, second cause of action for constructive trust, and third cause of action for account on the grounds that each cause of a...

Excerpt: ...s‐Defendant First Franklin Financial Corporation's (“FFF”) demurrer to Defendants/Cross‐Complainants Christine and Richard Evans' (the “Evans”) first amended cross‐complaint (“FAXC”) is ruled upon as follows. Overview Plaintiff/Cross‐Defendant Aspen G LLC's (“Aspen”) complaint asserts causes of action for breach of contract and common counts ‐ money owed. Aspen alleges that on 8/31/2005, the Evans obtained a loan for $12...