Excerpt: ...ry, negligence and IIED. He also alleges a cause of action for a civil rights violation under 42 USC § 1983 against the City. The City moves for judgment on the pleadings on that cause of action. Except as provided by statute, a motion for judgment on the pleadings is analyzed like a general demurrer. (Cloud v. Northrop Grumman Corp. (1998) 67 Cal.App.4th 995, 999.) In the fifth cause of action for violation of § 1983 Plaintiff alleges that Joh...

Excerpt: ...ul Death (Dangerous Condition of Public Property) and Wrongful Death (Negligence). Plaintiff alleges that her father died while trying to rescue motorists whose vehicle had driven off the Tower Bridge. Plaintiff alleges that a CalTrans employee who was intoxicated and distracted lifted the roadway for a boat but did not engage vehicle safety barriers. Plaintiff alleges that her father drowned and that his body was misidentified and then cremated....

Excerpt: ... he was not personally served with the Summons and Complaint, that the person who was served through substituted service is someone he does not know, and that he did not actually live at the address where such substituted service was completed. (Declaration of James Hodgson (“Defendant Decl.”) ¶¶ 1‐9.) Defendant also moves to quash service of summons due to lack of jurisdiction under and Code of Civil Procedure 418.10(a)(1). Request for J...

Excerpt: ...for express indemnity, breach of contract, equitable contribution, and declaratory relief. It now seeks to file a first amended crosscomplaint to add Hanasab Insurance Services as a party and add causes of action for breach of contract and negligence. Defendant believes that Special Ice's recent discovery responses show that Hanasab failed to secure the requisite insurance. Trial is not until February 2020. “Trial courts are vested with the dis...

Excerpt: ...opposed but is DENIED WITHOUT PREJUDICE for failure to comply with Rule of Court 3.770(a). This is a putative wage and hour class action. Plaintiffs filed the instant action on April 27, 2015, alleging wage and hour violations including failure to pay overtime wages and to provide an uninterrupted meal and rest break on behalf of themselves and all others similarly situated, as well as causes of action for violations of Labor Code 226(a), Unfair ...

Excerpt: ... re Policies and Procedures; and requests for $960 in monetary sanctions in connection with each motion, is ruled upon as follows. Defendants Francis Kang, Caroline Kang, and Caroline Kang LLC dba Laguna Woods PMK re Policies and Procedures (collectively, “Defendants”) oppose the motion. Background This is an Elder Abuse action. Decedent Christine Patton ("Christine") was a resident a Laguna Woods, a residential care facility for the elderly ...

Excerpt: ...properly towed his vehicle and then had the car sold for parts. Defendant's separate statement includes the following. As of November 13, 2014, Defendant was in contract with the CHP to provide towing services. Under that contract Defendant was obligated and authorized to remove, tow, and store vehicles when ordered to by the CHP. On November 13, 2014, the CHP ordered Defendant to remove a 2011 Kia Soul from the intersection of Gunn Road and Marc...

Excerpt: ...138.) Newberg on Class Actions (4th Ed.), the most authoritative treatise on class actions, discusses the process for approving the settlement of a class action. At § 11.24, “Procedure for Submitting Class Settlement for Approval,” Newberg describes the review at the preliminary stage as the submission by the parties of the essential terms of the agreement for informal review of the settlement papers by the Court. In reviewing a request for ...

Excerpt: ...ior to hearing, moving counsel is ordered to appear at the hearing in person or by telephone. Defendants Ira Friedman's and NRES, LLC's motion for dismissal pursuant to Code of Civ. Proc. §§ 583.310 and 583.360(a) is DENIED. Plaintiff's Smith Development and Construction Co., Inc.'s (“Plaintiff”) request for judicial notice is granted. Factual Overview This action involves disputes related to construction contracts for work at three separat...

Excerpt: ...isclosure of Information to a Government or Law Enforcement Agency and Disability Discrimination against Dignity Health Foundation, Dignity Health Medical Foundation, and Dignity Health (collectively, "Defendants"). Plaintiff complained that her co‐worker was using dirty scopes on patients and Dignity determined after investigation that Plaintiff was not cleaning her scopes. Plaintiff alleges she was terminated due to her complaint and ...

Excerpt: ...ubmit to cross‐examination and to provide 21MC with an opportunity to respond to defendants' evidence. Having received supplemental submissions from both sides, the Court now issues the following tentative ruling. Factual Background This action arises out of a 2017 Inventory Security Agreement and Power of Attorney (“ISAPA”) between Plaintiff 21MC and defendant American River RV, Inc. (“ARRV”) along with a personal guaranty given by def...

Excerpt: ...inst their employer and a supervisor, Isaac Bristow, who allegedly engaged in a variety of conduct claimed to violate California's Fair Employment and Housing Act (“FEHA”). In April 2018 SMU served its Requests for Production on plaintiff Royal‐Shipp. Request 36 asked for “ALL DOCUMENTS, including COMMUNICATIONS, RELATED TO YOUR complaints about BRISTOW.” Plaintiff Royal‐Shipp responded: Objection. This request is oppressive, unduly b...

Excerpt: ...imants have resolved their case against the at‐fault motorist for the policy limits of $15,000. Claimants have demanded arbitration, but respondent United Services Automobile Association (“USAA”) has refused. Claimants now move to compel arbitration and appoint an arbitrator in the underinsured motorist action. Auto insurance policies are required by statute to contain provisions for binding arbitration of uninsured and underinsured motoris...

Excerpt: ...Rule 3.1110(b)(3)‐(4). Factual Background This action arises from a dispute between an insured and his automobile insurer relative to a motor vehicle accident in which the former was involved in October 2017. In this lawsuit plaintiff alleged that after the accident, his insurer subsequently took a recorded statement from its insured and “made an internal decision that Plaintiff was liable for causing the accident” but plaintiff retained co...

Excerpt: ...ants tortured him and took his watch during a less than 24 hour period that Mr. Campbell was a patient at the Emergency Room at U.C. Davis Medical Center. Ms. Boden is a registered nurse who allegedly assaulted and battered Mr. Campbell and directed other defendants in placing him on the gurney and removing him from the hospital. When interrogatories have been propounded, the responding party … may promptly move for a protective order." (CC...

Excerpt: ...arsay are SUSTAINED. Overview On February 6, 2018, the Supreme Court of the State of New York entered a judgment in favor of Creditor and against judgment debtor Suneet Singal (“Debtor”) in the amount of $21,221,676.53. (Levin Decl. ¶2.) Examinee Majique Ladnier is Debtor's spouse. Creditor filed an application to domesticate the New York Judgment in this Court, and this Court accordingly entered judgment on February 27, 2018. (Id. ¶3.) Cre...

Excerpt: ...llege suffered from engine issues, Plaintiffs seek to compel Defendant to provide full and complete responses to certain requests for production. Requests Nos. 30‐33 relate to consumer complaints and Defendant's repurchases of vehicles (same year, make and model as Plaintiffs' vehicle) which suffered the same defects as Plaintiffs' vehicle. Defendant interposed numerous objections to the requests for production, including objections...

Excerpt: ... the visitor clubhouse during the 2014 and 2015 baseball seasons. Plaintiff alleges causes of action for, among other things, race discrimination and harassment, retaliation, wrongful termination, failure to pay wages, and failure to provide meal and rest periods. As it relates to moving Defendants, Plaintiff alleges causes of action for aiding and abetting FEHA violations, violation of the Ralph Civil Rights Act and Unfair Business Practices. Th...

Excerpt: ...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”. The Decedent allegedly placed his head between the frame of the container and a stationary compactor and was crushed. Plaintiffs allege causes of action for strict products...

Excerpt: ...ched its Amended and Restated Operating Agreement dated September 10, 2008 (“Operating Agreement”). Tutto was ultimately removed as Hit Italian's managing member. Hot Italian maintains that the parties engaged in a valuation of Tutto's interest in Hot Italian and that Mr. Wallace of Wallace Valuation Advisors issued a valuation which it contends is a final arbitration award subject to confirmation under CCP § 1280 et seq.. Respondents conten...

Excerpt: ... however, allowed both parties to re‐brief the motion. In its original memorandum of costs (ROA 143), DGS seeks $9,956.59 in total costs. These costs are: (1) Filing and Motion Fees: $1,475 (2) Deposition Costs: $3,065.68 (3) Service of Process: $5,140.92 (4) Witness Fees: $275 Legal Standard In ruling on a motion to tax costs, the Court's first determination is whether the statute (CCP § 1033.5) expressly allows the particular item and wh...

Excerpt: ...r on the grounds that the parties failed to complete meet and confer pursuant to Code of Civil Procedure section 430.41, and defendants failed to request judicial notice of the complaint to which the motion is addressed, are all overruled. Defendants move to strike the Plaintiff's punitive damage allegations in the Fraud and Intentional Interference claims on the ground that Plaintiff fails to adequately allege facts of the Defendants' ac...

Excerpt: ... The Court does not rule on objections to facts set forth in the opposing separate statement but only to the cited evidence itself. Plaintiff's objection to the length of the moving points and authorities is sustained. CRC 3.1113(d)‐(e). The points and authorities are 33 1/2 pages long, exceeding the page limitation of 20 pages by 13 1/2 pages. Despite this, the Court is considering the document even though the defendants did not seek ex pa...

Excerpt: ...as to Plaintiff, and that any such breach caused his alleged harm. Defendant also demurs upon the ground that Plaintiff's claim, though now styled as general negligence, alleges professional negligence by a health care provider (dental malpractice), but Plaintiff failed to commence his action within the one‐ year statute of limitations applicable under Code of Civil Procedure section 340.5. Defendant's demur has merit on both grounds. P...

Excerpt: ...8 [recorded land documents, not contracts, are the subject of judicial notice on demurrer].) The court, however, does not accept the truth of any facts within the judicially noticed documents except to the extent such facts are beyond reasonable dispute. (See Poseidon Devel., 152 Cal.App.4th at 1117‐18.) see also Fontenot v. Wells Fargo Bank, N.A. (2011) 198 Cal.App.4th 256, 265 (“[A] court may take judicial notice of the fact of a document's...

Excerpt: ...o complete meet and confer pursuant to Code of Civil Procedure section 430.41, the defendants' motion states the wrong street address for the courthouse in which the demurrer is to be heard, and defendants failed to request judicial notice of the complaint to which the demurrer is addressed, are all overruled. Plaintiff's complaint alleges five causes of action arising from the parties' alleged execution of a contract entitled Buyers Confidential...

Excerpt: ...ted documents. These documents contained private peace officer information about a non‐party. The nonparty has objected to the disclosure of his identity. The document sought to be sealed is the Personnel Board's Resolution and Order describing an investigation regarding the identified peace officer. This disclosure potentially violates the peace officer's right of privacy in the absence of waiver. Job actions relating to an identified ...

Excerpt: ...tion matters. *** Defendants California Department of Corrections and Rehabilitation's (“CDCR”) demurrer to the First Amended Complaint (“1AC”) is ruled on as follows. Moving counsel failed to comply with CRC Rule 3.1113(f)'s requirement for a Table of Contents and Table of Authorities when the points & authorities exceed 10 pages. Factual Background This action arises out of the November 2016 suicide of Milton Beverly, Jr. while in the c...

Excerpt: ...ed that pursuant to local rules, only limited oral argument is permitted on law and motion matters. *** The Court notes that the opposition filed by plaintiff on 10/3/2019 was not timely filed or served but it was nevertheless considered. However, it fails to address a number of the substantive arguments advanced in the moving papers including but not limited to this lawsuit being barred in its entirety by res judicata, based on the judgment of d...

Excerpt: ...al argument on the continuance date. Defendant Walkenhorst's, Inc.'s ("Defendant") demurrer to self‐represented plaintiff Alonzo Joseph's ("Plaintiff") complaint is UNOPPOSED and is SUSTAINED with leave to amend. Plaintiff is an inmate with the California State Prison in Represa, California. Plaintiff filed a form complaint on May 14, 2019. (ROA 1.) General negligence would appear to be alleged, although "product...

Excerpt: ... action on November 6, 2017. Pursuant to a stipulation, the Court authorized Plaintiff to amend its complaint to drop its writ of mandate claim and assert a claim for tax refund, and this matter was reassigned from the writ department. (ROA 28.) Plaintiff filed its First Amended Complaint (“FAC”) on August 30, 2018, which states a single cause of action for tax refund pursuant to California Revenue and Taxation Code § 6933. (ROA 29.) On Octo...

Excerpt: ...sideration on July 19, 2019, with a hearing date of July 30, 2019. On July 29, 2019, the Court tentatively dropped the matter from calendar, without prejudice, due to defective service. At the hearing, Plaintiff's oral motion to continue the hearing was granted without objection. The matter was continued to August 23, 2019. After Plaintiff filed her first motion, but before the Court heard the first motion on July 30, 2019, Plaintiff filed what a...

Excerpt: ...what the marking indicates (it is not readable) and it is speculation on Plaintiff's part that the marking indicates the declaration was not personally signed by Mr. Cheban. The additional objections regarding the declaration of Mr. Cheban are also overruled. To the extent Plaintiff “objected” to several of Defendants UMFs on the ground the characterization of the UMF is uncertain, ambiguous, and irrelevant, such objections are overruled beca...

Excerpt: ...C Davis Medical Center in Sacramento. Plaintiff was visiting her brother when she slipped and fell on water in the hospital bedroom that emanated from a bathroom sink. Plaintiff was visiting her brother in room 8103, but the water on the floor originated from the sink in the adjacent room, room 8101. Plaintiff contend that according to deposition testimony and discovery responses, the only employee that was aware of what caused the blockage is de...

Excerpt: ...Defendants Buchanan, et al.'s motion to compel plaintiff in pro per Stella Altraide's (“Stella”) further responses to certain form and special interrogatories and to certain requests for production of documents is ruled on as follows. The Court notes that Stella appears to have filed three (3) separate oppositions to the present motion, one filed on 9/20/2019, one filed on 9/25/2019 and one filed on 9/27/2019. The Court has considered only th...

Excerpt: ...Reviver Financial, LLC's motion for summary judgment is denied. In this consumer collection action Plaintiff filed a complaint seeking recovery of $6,051.64 from Defendant Peter Santiago. Plaintiff alleges that Defendant had a loan from CNU of California, LLC dba Netcredit (“CNU”) which he defaulted on. Plaintiff alleged that the debt was assigned to it. The caption of the complaint states that it is for breach of contract and common count. H...

Excerpt: ..., 2019. The Clerk shall fax a copy of the tentative ruling to the litigation coordinator. The litigation coordinator shall provide the tentative ruling to plaintiff Reginald Wheeler. Appearance is required on October 9, 2019. Plaintiff Reginald Wheeler shall be available, by COURTCALL, to participate in oral argument on the continuance date. Defendant Jennifer Shaffer's demurrer to self‐represented Plaintiff Reginald Wheeler's complaint is sust...

Excerpt: ...t of Business Oversight's unopposed demurrer to selfrepresented Plaintiffs S. Alan and Jean Cardiff's complaint is sustained with leave to amend. In this action Plaintiffs filed a Judicial Council form complaint appearing to allege common law causes of action for fraud and negligent misrepresentation and also alleged that Defendant violated the Franchise Investment Law. Plaintiffs allege that Defendant committed fraud in approving Dental Support ...

Excerpt: ...ess Oversight's unopposed demurrer to selfrepresented Plaintiff Jeff Eschrich's complaint is sustained with leave to amend. The function of a demurrer is to test the sufficiency of the pleading it challenges by raising questions of law. (Salimi v. State Comp. Ins. Fund (1997) 54 Cal.App.4th 216, 219; Nordlinger v. Lynch (1990) 225 Cal.App.3d 1259, 1271.) Pleadings in California are construed liberally. The only issue that can be raised by demurre...

Excerpt: ... and Real Estate Portfolio Management, LLC's (“REPM”) motion for summary adjudication is ruled upon as follows. The parties' requests for judicial notice are granted. The Court notes that Plaintiff failed to comply with CRC Rule 3.1116(c) by failing to highlight the relevant portions of deposition testimony. Nevertheless the Court considered the cited deposition testimony in its entirety. Plaintiffs/Cross‐ Defendants Angelica Lynn and Angel...

Excerpt: ...sen Wright, PC.'s motion to strike portions of Plaintiff Aalborg CSP A/S's complaint is denied. Defendant's request for judicial notice is denied. Defendant seeks to have the Court take judicial notice of a declaration filed in support of its concurrent motion for an undertaking and 24 exhibits in support of that motion. While It may be appropriate to take judicial notice of the fact that the documents were filed with the Court, Defendant attempt...

Excerpt: ...d special interrogatories and a request for production of documents on Plaintiff. Plaintiff failed to respond to the discovery requests. Defendant filed motions to compel the responses, which this Court granted on July 22, 2019. The Court's order directed Plaintiff to respond to the discovery requests no later than August 2, 2019. Despite the Court's Order, Plaintiff still has not responded to the discovery requests. Defendant now moves for termi...

Excerpt: ...arminder Singh's motion to compel Defendant General Motors LLC's compliance with the Court's July 11, 2019 discovery order and for prospective sanctions of $500 per day is ruled upon as follows. In this lemon law case, the Court granted Plaintiff's motion to compel further responses to requests for production Nos. 1, 7, 10, 17, 19, 20‐24, 35, 37‐42, 58, 66, 70‐73, 77, 85 and 92. The Court ordered Defendant to provide further responses by Ju...

Excerpt: ...es causes of action for violation of Business & Professions Code § 17200, breach of the implied covenant of quiet enjoyment, negligence, IIED, and conversion. An judgment was entered against Plaintiff in a separate unlawful detainer action and that judgment is final. Defendant moves to have Plaintiff declared a vexatious litigant. The purpose of the vexatious litigant statute is to address the problems created by the "persistent and obsessiv...

Excerpt: ...filed this action on January 15, 2019, alleging violations of the Labor Code for failure to pay overtime wages, wage statement violations, waiting time penalties, and failure to pay vacation wages; and unfair competition under the Business & Professions Code. On April 5, 2019, Plaintiff filed her First Amended Complaint, adding a claim under the Private Attorney General Act (PAGA) and dismissing all individual and class claims without prejudice. ...

Excerpt: ...costs is ruled upon as follows. In this lemon law action Defendants seek to tax Plaintiff Rudy Warren Egger's memorandum of costs which seeks $24,449.33 in costs. Defendants argue that Plaintiff should be awarded no more than $13,323.04 in costs. The matter was settled at a settlement conference on the first day of trial before the Honorable Judge Gevercer, wherein defendant FCA UC LLC agreed to settle the matter and pay Plaintiff $106,000. There...

Excerpt: ...Renee Phillips' motion to vacate request for dismissal and reinstate the action is granted. Plaintiff's request for judicial notice is granted. In this employment action Plaintiff filed her complaint on February 28, 2018 against Defendants Wayne and Suzanne Schell, Peter Borg and Laguna Del Sol. At the time she was represented by Mark Gallagher. Mr. Gallagher was suspended from the practice of law by the State Bar in January 2019. In June 2019 Pl...

Excerpt: ...of Civil Proc. § 430.10(a); and (2) the Complaint is uncertain and ambiguous as to its cause of action against CalPERS Code of Civil Proc. § 430.10(f). Plaintiff seeks Declaratory Relief to establish CalPERS wrongfully adjusted and reduced disability retirement; that CalPERS wrongfully claims that Plaintiff owes CalPERS money, and has already wrongfully seized and converted to its own account over $3,000 of Plaintiffs justly due retirement paym...

Excerpt: ...he Stipulation because he has filed to close escrow and pay the purchase price for 2201 Brunton Way, Sacramento, CA, the subject real property, by October 31, 2018. Verkhovodov argues that the Court should enter judgment “against Plaintiff” requiring him to pay $165,000, pay his prorated share of property taxes, disgorge any rents he collected from Verkhovodov's tenants, and pay Verkhovodov's attorney's fees and costs for bringing the present...

Excerpt: ...led by Plaintiff's previous counsel and that when he was retained he decided to dismiss the action without prejudice and file an entirely new complaint. Plaintiff's counsel declares that he made this decision without consulting Plaintiff because it was a tactical decision that did not impair Plaintiff's rights, as a new complaint would be within the applicable statute of limitations. (Jacobs Decl. ¶¶ 6‐8) Pursuant to the plan, Plaintiff's cou...

Excerpt: ...lled and operated the SUBJECT PREMISES. On 4/13/2017, Defendant filed its verified answer to the complaint. With respect to paragraph 5, Defendant answered "Defendant admits the allegations of that paragraph." Defendant now moves to amend paragraph 5 to deny the allegations. According to Defendant's counsel, "on December 19, 2018, while preparing responses to the supplemental discovery‐specifically, form interrogatory 15.1 that ...

Excerpt: ...urt accepts the fact of their existence, not the truth of their contents. (See Professional Engineers v. Dep't of Transp. (1997) 15 Cal.4th 543, 590; Steed v. Department of Consumer Affairs (2012) 204 Cal.App.4th 112, 120‐ 121.) I. Overview The Association alleges that Washington is a former board member of the Association and subject to its CC&Rs. Plaintiff alleges that for the last six months, Washington has been doing the following: ∙ Inte...

Excerpt: ...ance by counsel for Plaintiffs at the OSC re: Dismissal. Plaintiffs' counsel contends that in May of 2015, his office moved from 2366 Gold Meadow Way in Gold River, California to 7940 California Avenue in Fair Oaks, California. (Swartz Decl. ¶ 15.) Indeed, the address listed on Plaintiffs' filing changed from the Gold River address to the Fair Oaks address after April of 2015. Plaintiffs' counsel contends they did not receive notice of the OSC h...

Excerpt: ...ws. Plaintiff was employed by Defendant beginning in June of 2012. Throughout her employment, she was pregnant on three different occasions. Plaintiff filed her complaint in this action on July 18, 2018, alleging the following causes of action: (1) pregnancy discrimination; (2) failure to prevent pregnancy discrimination and harassment; (3) pregnancy harassment; (4) failure to provide meal and rest periods; (5) failure to issue accurate itemized ...

Excerpt: ...15 Cal.4th 543, 590; Steed v. Department of Consumer Affairs (2012) 204 Cal.App.4th 112, 120‐121.) I. Overview In this action, Plaintiff William Carlisle alleges that he jointly retained Whitaker as an expert in his divorce proceedings. Whitaker was jointly retained by Plaintiff and his exwife Carol Carlisle. Plaintiff alleges the following: 5. Defendant billed over $30,000.00, whereas Plaintiff believed that Defendant would complete his work w...

Excerpt: ...421 San Juan, LLC (“421”) and SEVA Assisted Living, Inc. (“SEVA”) (collectively “Entity Plaintiffs”) (the “Individual Plaintiffs” and “Entity Plaintiffs” are collectively referred to herein as “Plaintiffs.”) The Individual Plaintiffs own and operate the Entity Plaintiffs. The Individual Plaintiffs allege they owned and operated SEVA and 421. On December 15, 2015, the Entity Plaintiffs entered into an agreement (“Purchase...

Excerpt: ...ween itself and Defendant Phanh Nyothsom. (Smith Decl. Exh. A.) Pursuant to the settlement, Defendant agreed to pay Plaintiff $200 on or before the 27th day of each month commencing July 27, 2018, and continuing each month thereafter until paid in full ($6,452.38.) Defendant is in default because he failed to make payments as required. Defendant's last payment was made October 19, 2018. (Smith Decl. ¶ 5.) Defendant currently owes Plaintiff $5,92...

Excerpt: ...moot as Defendant has presented evidence that it served supplemental responses to these requests on December 18, 2018, nine days before Plaintiff filed this motion to compel. The Court makes no determination as to the sufficiency of these supplemental responses. As to request number 13, the motion is DENIED as request number 13 is not included anywhere in Plaintiff's separate statement and, therefore, not at issue. As to the remaining request...

Excerpt: ...ing directed Defendants to provide further responses on or before December 3, 2018. Plaintiff now complains that Defendants are in violation of that order, as Defendants have failed to provide further responses. Plaintiff now seeks issue, evidentiary and monetary sanctions. Defendants' Opposition to the instant motion provides additional context relevant to the Court's determination of this motion. The Court's Register of Actions reflects tha...

Excerpt: ...the City's discovery of illegal indoor cultivation of 642 cannabis plants in a home owned by Plaintiff in Sacramento. The City's Code Enforcement issued the penalty on July 2, 2018, and the City's administrative appeals division affirmed the penalty on September 19, 2018. Notice of the administrative appeal decision was served on Plaintiff on October 3, 2018. Plaintiff instituted the instant action by filing a notice of administrative...

Excerpt: ...as noted in Rule of Court 2.551 (a) the Court must make the requisite determination, and the Court must not permit a record to be filed under seal based solely on the stipulation of the parties. That being said, as part of that motion, which was filed on September 1, 2018, Defendant submitted the sworn declaration of counsel, Terilynn Diepenbrock. Attached to Ms. Diepenbrock's declaration were various exhibits, of which Exhibits A, B and C contai...

Excerpt: ...ss day, a supplemental legal brief, no greater than five (5) pages in length, addressing the following: Defendants argue that Plaintiff Newton is collaterally estopped to litigate most of his causes of action because he received a “full evidentiary [administrative] hearing” and then failed to challenge the administrative decision by petitioning for a writ of mandate. (See Moving Memo. at 9:25‐27.) Collateral estoppel only applies where the ...

Excerpt: ...rian Beck sue Defendant VRK Group LLC regarding their purchase of real property, while Plaintiffs Tom and Sunday Barrow allege they entered into an agreement to purchase property from Defendant Pacific Coast Ventures LLC. The overall substance of Plaintiffs' First Amended Complaint is that each home contains various undisclosed defects, for which Plaintiffs now seek compensation. As to moving Defendant Nguyen, only, Plaintiffs Bianchi and Beck al...

Excerpt: ...e to amend and OVERRULED in part. Overview This is a residential landlord / tenant dispute. The plaintiff and tenant is Darrell Emery (Emery). Emery alleges that Domus manages his apartment complex. According to Emery, his apartment became infested with bed bugs and, despite his repeated advisements, Domus failed to remediate the problem. Emery also alleges that Domus informed him that unless he funded a “second treatment,” his lease would be...

Excerpt: ...iffs' local counsel, the law firm of Walker Hamilton Koenig & Burbidge LLP (“Walker Hamilton”), acts together with national counsel Fleming Nolan Jez LLP, which is based out of Houston, Texas. In August 2017, the Fleming firm instructed Walker Hamilton to dismiss approximately 190 plaintiffs from various cases that had been filed in various California superior courts. The Fleming firm based this directive on (1) certain plaintiffs had claims ...

Excerpt: ...mpt, hourly employee. Nonetheless, because Wasko purports to represent as many as 19,000 of Smart & Final's employees, Smart & Final asks the court to “bifurcate” discovery such that the first phase is limited to Wasko's personal standing as an “aggrieved employee” under PAGA. Smart & Final argues that plenary discovery from the outset presents an undue burden, especially if it turns out that Wasko's personal claims lack merit and, theref...

Excerpt: ...e on January 22, 2019. No opposition was received. In this personal injury action, the parties served their initial expert witness disclosures on December 17, 2018. Defendant only disclosed Dr. Mikaelian to provide testimony regarding the nature and extent of Plaintiff's injuries. Plaintiff disclosed an expert witness to provide testimony regarding her medical bills, including the reasonableness and necessity of those bills and future medical car...

Excerpt: ...n substance, the Court combines its ruling into this single order for purposes of efficiency and judicial economy. This is a PAGA‐only action. The Court previously denied class action status as to the remaining claims. DISCOVERY AT ISSUE Special Interrogatories At issue in Plaintiffs' Motion to Compel Further Responses is Special Interrogatory No. 21, which states: “Please IDENTIFY each individual in the released contact list provided by KCC,...

Excerpt: ...t Smart & Final Stores, LLC (Smart & Final) argues that Plaintiff Dylan Wasko's motion to compel further discovery is premature in light of Smart & Final's concurrent motion to sequence discovery and for protective order. The court has denied that motion in a concurrent ruling. Given this, and given each side's concerns that counsel did not fully explore an informal resolution of the issues presented, counsel are directed to resume th...

Excerpt: ...e the time appointed for hearing. If the notice is served by mail, the required 75‐day period of notice shall be increased by 5 days if the place of address is within the State of California … .” Moving party served the motion by mail on November 13, 2018, which is 77 days before the January 29, 2019, hearing date. This is insufficient notice under Code of Civil Procedure section 437c(a), which requires notice of at least 80 days before the...

Excerpt: ...y, surgically removed as a result. The FAC contains a single cause of action for “medical malpractice / negligence.” With the moving papers, Dr. Keifer tenders expert opinions that he abided by the standard of care and did to cause Berry's injuries. (See Sep. Stmt., Undisputed Material Facts 10, 11, 13; Norton Decl., ¶¶ 8, 9.) This shifted the burden to Berry to produce evidence demonstrating the existence of a triable issue. Berry did not ...

Excerpt: ...fendants”) pursuant to which they would receive an offer for a permanent modification of their loan if they complied with the terms of a Trial Period Plan (“TPP”). They contend that they complied with the TPP but that Defendants offered a permanent modification that differed from the terms of the settlement agreement. The settlement agreement provided that it was made pursuant to CCP § 664.6. The Court notes that both parties have lodged t...

Excerpt: ... agreement with Defendant for the purchase of a heavy duty semi‐truck and that Defendant failed to make the required payments. Any party may move for summary judgment in any action or proceeding if the party contends that (1) the action or proceeding has no merit or (2) there is no defense to the action or proceeding. CCP 437c(a). A cause of action has no merit if one or more of the elements of the cause of action cannot be separately establish...

Excerpt: ...8. National has not moved for summary judgment. Grange's request for judicial notice is granted. As to court records, the notice is limited as explained in Sosinsky v. Grant (1992) 6 Cal. App. 4th 1548. While a court may take judicial notice of the existence of any document in a court file, it cannot judicially notice the truth of facts asserted in the document. (Steed v. Department of Consumer Affairs (2012) 204 Cal.App.4th 112, 121.) For exampl...

Excerpt: ...without leave to amend. Defendants' 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 accept the truth of any facts within the judicially noticed documents exc...

Excerpt: ...Healthcare, Inc. dba Citrus Home's (“Citrus Home”) motion to strike portions of Plaintiff Kara Hagstrom's complaint is ruled upon as follows. Citrus Home moves to strike: (1) any and all allegations in Plaintiff's First Cause Of Action for Dependent Adult Abuse that fall outside of the recoverable statute of limitations as set forth in Code Of Civil Procedure §335.1; (2) any and all allegations in Plaintiff's Second Cause of Action for Alleg...

Excerpt: ... as follows. The notice of motion does not comply with Code of Civil Procedure §1010 or CRC Rule 3.1110(a). Moving counsel failed to comply with CRC Rule 3.1110(b)(3)‐(4). This is a personal injury action and trial is set to commence on 1/14/2019. According to the moving papers, plaintiff in pro per served four trial subpoenas on Messrs. Zoll, Tharaldson and Manternach as well as Ms. Garcia by serving defendants' attorneys of record. Defen...

Excerpt: ...is action Plaintiff alleges causes of action for negligence, negligent supervision and/or retention of employee and negligent supervision of Plaintiff against SFHS in connection with allegations that she was the victim of childhood sexual abuse when she attended SFHS as a result of the conduct of its softball coach Michael Martis. The fourth and fifth causes of action for sexual battery and IIED are alleged against Martis alone. Plaintiff alleges...

Excerpt: ...ction for conversion, fraud, and money had and received against Cross‐Defendants. Cornerstone alleges that the California State Controller's Office of Unclaimed Property (“SCO”) has a program by which it pays 10% of amounts recovered by an investigator for a client of the investigator and that it is an investigator in the program. (FACC ¶ 7.) Cornerstone alleges that relative to a certain client (Lewis Brisbois Bisgaard & Smith [“LB”])...

Excerpt: ...ov is alleged to be Sunrise's owner, manager, alter‐ego. Plaintiff alleges that Sunrise agreed to sell the vehicle for $6,200 plus taxes and fees. Gerasnekov prepared, and Plaintiff signed the handwritten Retail Installment Sale Contract (“Handwritten RISC”). She alleges that the Handwritten RISC was not completely filled out, and Gerasnekov informed her that he needed to finalize the financing electronically. She alleges that the Handwritt...

Excerpt: ...n an area where there allegedly was no signage warning of towing. He also alleged that Defendants caused him to be arrested by the police. He alleges causes of action under the Vehicle Code relating to towing companies, conversion, trespass to chattels, conspiracy and abuse of process premised on allegations that Cross‐ Complainants attempted to collect an unlawful towing fee and caused misdemeanor charges to be filed against him. Cross‐Compl...

Excerpt: ...dants Woodside Homes, Inc. and Woodside Homes of Northern California, L.P. (collectively “Defendants”) to compel arbitration is GRANTED, and the civil action is STAYED, as follows: Defendants' request that the court disregard the opposition as untimely is DENIED given the absence of prejudice. Plaintiff Alison Adkison (Plaintiff) filed this employment dispute in March 2018. Defendants contend that Plaintiff must arbitrate her legal claims aga...

Excerpt: ...�Defendants”) for summary judgment or, in the alternative, summary adjudication of issues is DENIED. Defendants' request for judicial notice of the original complaint is DENIED as irrelevant. Overview This case presents an employment dispute. The plaintiff is Veronica Neal (Neal). In the first amended complaint (FAC), Neal alleges that she is a registered nurse in her 60's. She also alleges that she is disabled under the FEHA but can perform nu...

Excerpt: ...follows Michaels' promotion and subsequent demotion while employed by CalPERS. She alleges that, after working as a Staff Services Manager (SSM) I for several years, she was offered an out‐of‐class assignment with CalPERS as a Data Processing Manager (DPM) II. Michaels accepted the appointment and worked as a DPM II for a term that, after being extended once, ended in February 2015. After the appointment formally ended, however, she continued...

Excerpt: ... *** Plaintiff/Cross‐ Defendant Nivano Physicians, Inc.'s (“Nivano”) demurrer to Defendant/Cross‐Complainant David Scribner's (“Scribner”) first amended crosscomplaint (“FACC”) is ruled upon as follows. Overview In its complaint, Nivano alleges it is a large Independent Practice Association (“IPA”). In December 2016, Nivano hired Scribner to be general counsel to Nivano Care Medical Group (“NCMG”), a medical group associat...

Excerpt: ...om National General. He alleges that at the time he purchased the policy he did not have any individuals of driving age living in his residence. (FAC ¶ 8.) He alleges that on April 25, 2017, Plaintiff was in an automobile collision. (Id. ¶ 11.) Plaintiff filed a claim with National General and was asked whether any adults of driving age lived in the same residence as him and he responded that an adult of driving age had recently moved in. (Id. ...

Excerpt: ...amlin (Hamlin) (collectively “Plaintiffs). The SAC contains a single cause of action for legal malpractice. Plaintiffs allege that they are beneficiaries of a family trust (the “Trust”). They contend that, after each of the original trustees died, Defendants failed to take certain actions in relation to the Trust. Among other things, Plaintiffs allege that (1) Defendants failed properly to advise the surviving trustee after the other truste...

Excerpt: ...ng out of the mental health treatment he received from her following his June 26, 2015 incarceration. Specifically, Plaintiff alleges that on October 14, 2015 and January 6, 2016, Ms. Williams denied him psychiatric treatment. Plaintiff asserts two medical negligence claims. In plaintiff's first claim, he alleges that on October 14, 2015, he requested psychiatric treatment and Ms. Williams denied him adequate treatment. He alleges that Ms. Wi...

Excerpt: ... filing papers in this court. Copies of papers filed with the court must be served on parties that have appeared in the action or, if the parties are represented, then on their counsel of record. In addition, written proof that such service was made must be filed with the court prior to hearing. (See Sacramento County Superior Court Local Rule 2.30(E).) Future failures to serve papers could result in adverse rulings, including rulings that papers...

Excerpt: ... defendants breached the commercial lease and guaranty. The Cross‐complaint alleges that plaintiffs/cross‐ defendants failed to disclose that the prior tenant of the space leased by cross‐complainant Kiene was a dry‐cleaner that operated their business using PERC, a known environmental toxin. Cross‐complainants had leased the space to operate a fly fishing business. Crosscomplainants contend they relied on the concealment/misrepresentat...

Excerpt: ...her Dockery, Jr., for injuries she sustained after allegedly hiring them to transport her to her home. Among other things, she alleges that each defendant negligently maintained the vehicle and thereby caused the collision. (See Compl., ¶ 8.) She also advances theories of negligence based on the defendants' ownership, entrustment and operation of the vehicle. (See id.) Hertz demurs on grounds that the allegations are uncertain, fail to state a v...

Excerpt: ...owed money secured by the property at 898 San Ramon Way, Sacramento, California 95684. They defaulted on their loan, and their servicer at the time, Bank of America, caused recording of a notice of default in March 2008. In July, 2008 a notice of trustee's sale was recorded. A foreclosure sale was held August 21, 2008. The loan's owner, BoNYM, obtained title through a credit bid. A trustee's deed upon sale was recorded September 4, 20...

Excerpt: ...ow 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 notice of motion does not provide notice of the court's tentative ruling system, as required by Local Rule 1.06. Moving counsel is directed to contact opposing counsel and advise him/her of Local Rule 1.06 and the court's tentative ruling procedure and the manner to request a heari...

Excerpt: ...s the lanes and directly into plaintiffs' path of travel. Plaintiffs have propounded discovery but defendant's counsel has indicated defendant is mentally incapable of responding and may be suffering from Alzheimer's disease. Plaintiffs have issued a subpoena to UC Davis Medical Center seeking defendant's records which pertain to “Dementia and or Alzheimer's [sic].” Defendant now moves to quash the subpoena on various grounds including that i...

Excerpt: ...ic discovery requests that will be addressed at the hearing. Counsel are also reminded that pursuant to local court rules, only limited oral argument is permitted on law and motion matters. *** Moving counsel failed to comply with CRC Rule 3.1345(c) inasmuch as the moving separate statement failed to include the definitions of various terms used in the underlying discovery requests and Rule 3.1345(c) clearly requires the separate statement to inc...

Excerpt: ...ressed at the hearing. Counsel are also reminded that pursuant to local rules, only limited oral argument is permitted on law and motion matters. *** The notice of motion does not provide notice of the court's tentative ruling system, as required by Local Rule 1.06. Moving counsel is directed to contact opposing counsel and advise him/her of Local Rule 1.06 and the court's tentative ruling procedure and the manner to request a hearing. If moving ...

Excerpt: ...for the benefit of the parties and counsel but in Judge Rodda does not find it to be a reason for recusing himself from this matter. *** *** If oral argument is requested, the parties are directed to notify the clerk and opposing counsel at the time of the request which of the three issues submitted for summary adjudication, which of moving defendant's 20 Undisputed Material Facts and/or which of plaintiff's 19 Additional Material Facts will be a...

Excerpt: ...unsel and advise them 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 in person or by telephone. Factual Background This action arises out of a dispute relating to TSCS, an LLC which operates a restaurant and bar in Sacramento. Plaintiffs are two of the founding members in ...

Excerpt: ...ssed at the hearing and the parties 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 Aeorojet Rocketdyne, Inc. (“ARI”) and Steve Hill's (“Hill”) (collectively “Defendants”) motion for summary judgment, or in the alternative, summary adjudication is ruled upon as follows. 1. Overview This is an employment action. Plaintiff Stev...

Excerpt: ...eting, and corporate officer, Felicia Joubert (“Joubert”) secretly established co‐defendant Emergent Technology Services, Inc. (“Emergent”) to compete with DSI. Joubert resigned in October 2017. After she resigned, DSI accessed her company email account and discovered that she deleted all the email in her "sent" email folder prior to her resignation. DSI alleges that pursuant to DSI Mirror Stock Plan, upon resignation Joubert wa...