Excerpt: ...matters. *** Defendant Ridge Elk Grove LP's (“REG”) motion to compel plaintiff in pro per Ireana Price's (“Ireana”) further responses to Requests for Production of Documents, Set One, is ruled on as follows. The Court did not consider Ireana's "Reply to Defendants' Reply to Plaintiff's Opposition" since such a document is not permitted by the Code of Civil Procedure. Factual Background This action was commenced on 1/24/2019 when the Law O...

Excerpt: ... that will be addressed at the hearing. Counsel are also reminded that pursuant to local rules, only limited oral argument is permitted on law and motion matters. *** Factual Background Plaintiff TW is a 13‐year‐old, 80 pound bi‐racial (African‐American and Caucasian) male student with epilepsy. The 1AC generally alleges that District committed a variety of wrongdoing: ∙ Failed to properly assess plaintiff for necessary accommodations f...

Excerpt: ...ons to Defendant Rebecca Borrero were deemed admitted on August 27, 2020. When the moving party is the plaintiff, there is only one ground for a motion for judgment on the pleadings: "the complaint states facts sufficient to constitute a cause or causes of action against the defendant and the answer does not state facts sufficient to constitute a defense to the complaint." (C.C.P. 438(c)(1)(A).) The grounds for the motion shall appear on the face...

Excerpt: ...endant John Black was a minister and that her mother, co‐Defendant Kelli Black was a member. Plaintiff alleges that Mr. Black sexually molested her from the time she was eleven in 1994. (Comp. ¶¶ 15‐29.) She alleges that the abuse occurred in her home and also at the Church. Plaintiff alleges that her mother took her to see Dr. Williams for counseling but that Dr. Williams looked “menacingly” at her and told her that “we don't lie on ...

Excerpt: ...iffs Ricardo Gomez and Ricardo Gomez, Sr. as class representatives for purposes of settlement; 3. Preliminarily appointing the Shimoda Law Corp. as Class Counsel for purposes of settlement; 4. Preliminarily approving the proposed class action settlement, in the amount of $1,100,000; 5. Preliminarily approving the application for payment to Class Counsel of attorneys' fees in the amount of $385,000 (35% of the Gross Settlement Amount); 6. Prelimin...

Excerpt: ...m Marine Industries, Inc's (“Bellingham”) motion for a determination of good faith settlement is GRANTED. Evidentiary Objections Bellingham and Wayne Maples Plumbing & Heating, Inc. (“Wayne Maples”) filed evidentiary objections in connection with the motion. The Court need not reach any of the evidentiary objections because the subject evidence is immaterial to the Court's decision on the motion. The Court's decision on the motion is the ...

Excerpt: ... (the “LWDA”). The LWDA letter is not the proper subject of judicial notice. Plaintiff Darrayzha Moten's (“Moten”) request for judicial notice is unopposed and granted. In taking judicial notice of these documents, the court accepts the fact of their existence, not the truth of their contents. (See Professional Engineers v. Dep't of Transp. (1997) 15 Cal.4th 543, 590 [judicial notice of findings of fact does not mean that those findings o...

Excerpt: ...ed 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 recordat...

Excerpt: ... to a mandatory contractual forum selection clause designating Massachusetts as the exclusive forum. In the complaint Plaintiff alleges causes of action against moving Defendants and others (Gray Line Corporation, Inc. and Gray Line Las Cabos) for false advertising in violation of Business & Professions Code § 17500 et seq., violation of the Consumer Legal Remedies Act (“CRLA”) and for unfair completion in violation of Business & Professions...

Excerpt: ...�SAC”) filed October 1, 2019. The SAC is unverified, consists of 118 pages not including exhibits, 514 paragraphs, and six separate causes of action against Fines denoted as: (1) Misappropriation of Trade Secrets, Civ. Code §§3426, et seq.; (2) Breach of The Employee Duty of Loyalty, Labor Code §§ 2863, 2860; (3) Breach of Contract; (4) Intentional Interference with Contractual Relationship; (5) Intentional Interference with Prospective Eco...

Excerpt: ...1415 Folsom Boulevard and 6660 Coyle Avenue. Plaintiff contends the services and materials it furnished at the two properties had a total value of $24,628.63. Plaintiff also claims it is owed service charges totaling $7,085.88 on unpaid balances at the contract rate of 1.5% per month. (See Compl., ROA # 1.) Plaintiff filed the Complaint against Defendants Donald Reinnoldt (“Reinnoldt”); 11415 Folsom, LLC; Bella Terra Design, LLC; and Greenbac...

Excerpt: ...' demurrer to Plaintiff William F. Molina and Donna Goles' (“Plaintiffs”) Complaint is SUSTAINED with leave to amend as follows. Defendants' request for judicial notice is granted as to Exhibits 2 and 3, which are public records concerning the subject property. It is denied as to Exhibit 1, a May 2019 article published in The State Hornet. (See People v. Ramos (1997) 15 Cal.4th 1133, 1167 [affirming the trial court's refusal to take judicial ...

Excerpt: ...ourt shall review and approve any settlement of any civil action filed pursuant to this part." (Lab. Code § 2699(l)(2).) Plaintiff and Defendant have reached a mediated settlement of the PAGA claims as specified in the motion and supporting declaration of counsel, and request the court's review and approval. Defendant owns and operates bagel bakeries within the State of California. Plaintiff worked for Defendant as a Customer Service Team Member...

Excerpt: ...n are overruled. Overview The following factual and procedural overview is found at pages 950‐952 of the Court of Appeal's opinion in Coley v. Eskaton (2020) 51 Cal.App.5th 943. “In November of 2014, Coley and another . . . homeowner, Karen B. Lorini, filed a class action against [Eskaton, Eskaton Village‐Grass Valley (Eskaton Village), and Eskaton Properties Inc. (collectively, the Eskaton entities)], Murch, Donovan, and, as a nominal defe...

Excerpt: ...D as set forth below. Plaintiff's Complaint alleges a claim for forcible detainer against Defendant pursuant to Code of Civil Procedure 1160(1). Plaintiff alleges the following facts: On or about March 13, 2013, Plaintiff granted a life estate to Bjelland, subject to certain requirements, as to certain portions of the real property identified by Assessor's Parcel Numbers 134‐280‐079 and 134‐280‐080, commonly known as 10565 Arno Road, Galt...

Excerpt: ...ion for sanctions in the amount of $1,980 is GRANTED. Kronick and Scheidt move for an order compelling plaintiffs' person‐mostknowledgeable deposition(s) by defendants to resume beginning on March 8, 2021, and to continue day to day thereafter until completed. Defendants' objections to Golden's evidence in opposition are ruled upon as follows: Overruled ‐ Nos. 1, 2, and 3. The action currently has a trial date of April 19, 2021, with a discov...

Excerpt: ... between Plaintiff and Defendant Sidney Leung. The Second Amended Complaint asserts two causes of action against CSAA for (1) rescission (second cause of action) and (2) unfair and deceptive business practices, Bus. & Prof. Code §§ 17200 et seq. (third cause of action). As to CSAA, Plaintiff alleges that in June 2018, she entered into a settlement agreement with CSAA for $300 in exchange for a release of defendants Sidney Leung, Daman Leung, an...

Excerpt: ...rn California, Woodside Homes Company LLC and Does 1 through 10. Plaintiff alleged that defendants were her employer. Adkison further alleges that she was terminated from her job as a salesperson “in retaliation for opposing a sexual harassment investigation of her supervisor where she was purportedly the alleged victim being harassed, which she denied.” According to the FAC, Adkison wasn't paid pending commissions when she was terminated, gi...

Excerpt: ...gal counsel's mistake, inadvertence, and excusable neglect, it failed to timely file its application pursuant to Code of Civil Procedure section 683.120 seeking renewal of its lump sum money judgment against Defendant in this action. Specifically, Plaintiff failed to apply for renewal of the judgment within the 10‐year period provided under Code of Civil Procedure section 683.130(a). Plaintiff's application was rejected for filing by the Clerk ...

Excerpt: ...�), disposed of the action against Joanne Suavillo as an individual. As the court explained in its request for supplemental briefing, “[t]he fact that Joanne was alleged to conduct business under a fictitious business name did not create a different person or entity.” (1/26/2021 Order.) The court has reviewed the parties' supplemental briefs. Defendant Joanne Suavillo dba Wandering Boba's supplemental brief did not address the issues requeste...

Excerpt: ...Bandley (hereinafter "plaintiff”), to submit her elder abuse claim to binding arbitration. The petition is GRANTED as set forth below. Defendants' petition is made on the grounds that Ms. Souza, through her agent Lorraine Alves, executed a valid residency agreement containing an arbitration agreement that governs the elder abuse claim asserted against Defendants in the operative Complaint. Defendants' objections to the declaration of Ms. Clemen...

Excerpt: ...and his brother, Defendant Timothy Poole (“Tim”). Plaintiff and Tim are the sole shareholders of Dome, a longtime family printing business. (Pl.'s Decl. ISO Mot. ¶¶ 1, 2.) In December 2018, Plaintiff, Dome, and Tim were all sued in Orange County Superior Court in an employment law matter, captioned Keena v. Merlitz Incorporated dba DOME Printing, et al., Case No. 30‐2018‐01039117 (the “Keena matter”). The Keena matter involved vario...

Excerpt: ...er continuance. Plaintiff has not explained why his release makes it impossible for him to appear remotely (i.e., through Zoom or via phone) on the scheduled hearing date. The Department 54 Zoom link is http://saccourt.zoom.us/my/dept53.54a. The Department 54 Zoom ID is: 841 204 6267. To appear on Zoom by phone, call (888) 475‐4499 or (877) 853‐5257 (toll‐free) and enter the Zoom ID referenced above. The Court urges Plaintiff to file his up...

Excerpt: ...d language above), to participate in oral argument on the continuance date. Defendant California Department of Corrections (“CDCR”) demurs to Plaintiff Monrell D. Murphy's complaint. The demurrer is ruled on as follows. Plaintiff sued CDCR alleging a cause of action for general negligence in connection with alleged sexual assault allegations arising at California State Prison, Los Angeles. Defendant alleges (1) it is immune from suit pursuant...

Excerpt: ...�) is unopposed and is GRANTED pending the final fairness hearing to be held on this date. (Code of Civil Procedure § 382, California Rules of Court, Rule 3.769.) In this action, Plaintiff alleges that defendant employer violated various wage & hour provisions of the California Labor Code. The Complaint also includes claims under the Labor Code's Private Attorney General Act (“PAGA”). In approving a class action settlement, the Court is to d...

Excerpt: ...suant to Code of Civil Procedure section 1030. (See ROA 23.) The order on the motion was entered on November 16, 2020 (see ROA 27), and the notice of entry of order was filed on November 20, 2020, showing electronic service on November 9, 2020 (see ROA 28). Plaintiff was ordered to file the undertaking within 30 days of service of the order granting Defendant's motion. Code of Civil Procedure section 1030(d) provides: “The plaintiff shall file ...

Excerpt: ... the property owned by Plaintiffs which is the subject of the instant litigation, located at 8106 Stevenson Avenue, Sacramento, California (“Subject Property”). Defendant asks for sanctions against Plaintiffs and their counsel for their willful prevention of the site inspection being held on January 21, 2021, the date specified in the Demand for Site Inspection. Defendant contends it must obtain access to the property to evaluate the conditio...

Excerpt: ...ide notice of the Court's tentative ruling system as required by Local Rule 1.06(D). Defendants are ordered to notify Plaintiffs immediately of the tentative ruling system and to be available at the hearing, via Zoom or CourtCall, in the event Plaintiffs appear without following the procedures set forth in Local Rule 1.06(B). This case arises from the medical treatment of sixteen year‐old decedent Alejandro Perez (“Decedent”). Decedent, who...

Excerpt: ...� signatures upon certain arbitration provisions ‐‐ was not filed with the moving papers. Instead, these “wet ink” signatures were raised and filed for the first time on Reply, denying Plaintiff Emilee Richardson (“Plaintiff”) a full and fair opportunity to respond thereto. In their moving papers, Defendants filed copies of arbitration provisions bearing only Plaintiff's “electronic” signature. Indeed, the motion was framed as bei...

Excerpt: ...iation for demanding wages due to wrongful termination, defamation, 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.) Defendant alleges the Doe Defendants were “the agent and/or employee of every other def...

Excerpt: ...st 29, 2016, alleging medical malpractice. (See ROA 1.) The proof of service filed by Plaintiff Alan Penan states that Defendant was served with the summons and complaint via personal service on April 19, 2017. (See ROA 108.) The address for service was 6533 Melrose Drive, North Highlands, California 95660. (See id.) Service was effectuated by a registered process server. (See id.) Defendant Molina's default was entered on September 25, 2020. (Se...

Excerpt: ...tentative ruling system and to be available at the hearing, in person or by telephone, in the event Plaintiff appears without following the procedures set forth in Local Rule 1.06(B). The Court notes that Plaintiff purports to conditionally lodge documents, including even the memorandum of points and authorities, presumably on the basis the documents contain confidential information. However, Plaintiff did not file a motion or application to seal...

Excerpt: ...ted on law and motion matters. *** Defendant The Ezralow Company, LLC's (“TEC”) demurrer to Plaintiff's Fourth Amended Complaint (“4AC”) is ruled on as follows. Overview This is an action involving claims of wrongful termination and retaliation in violation of both Government Code §12940 and Labor Code §1102.5. Plaintiff alleges she learned that a Senior Vice‐President of TEC was having an extramarital affair with a vendor who worked ...

Excerpt: ...ich Leisure cited in its reply brief. Having received from IEAC no copy of any endorsed/filed amended complaint (much less by the 2/8/2021 deadline), the Court now rules on Leisure's pending demurrer to the original complaint. Factual Background This is a subrogation action. IEAC alleges in its first cause of action for subrogation that it paid $14,333.68 to repair water damage to its insured's home in Arcadia, California (Compl., ¶¶6, 8‐10) ...

Excerpt: ...f good faith and fair dealing (insurance bad faith) in connection with his claim for insurance benefits with respect to an insurance policy for his 2002 Fleetwood Truck Camper (“Camper”). Plaintiff alleges that the Camper sustained water damage from a leak in the roof and that Defendant breached the terms of his insurance policy when it denied his claim. He also alleges that Defendant acted in bad faith by unreasonably withholding payments un...

Excerpt: ...ce at her property located at 3071 E.Curtis Drive in Sacramento (“Property”). It alleges that Defendant unlawfully installed a hot tub in her front yard and constructed a masonry wall without obtaining the necessary permits. Plaintiff alleges four public nuisance causes of action for violation of Civil Code §§ 3479, 3480 and various provision on the Sacramento City Code. Plaintiff now moves for summary judgment on the basis that Defendant f...

Excerpt: ...tment for pneumonia that he received at Sutter Roseville Medical Center in October 2017. He alleges that Defendant's negligence resulted in him suffering a stroke and post‐stroke disabilities. Defendant's separate statement includes the following: Plaintiff presented to the Emergency Department on Marin General Hospital on September 3, 2017. (UMF 1) On October 11, 2017, plaintiff was admitted to St. Helena Hospital Clearlake with a diagnosis of...

Excerpt: ...tuated individuals who have or continue to work for Defendant Maita Enterprises, Inc. in California at any time within one year prior to November 19, 2019. The PAGA claims were premised on the alleged failure to pay overtime wages, failure to provide meal and rest periods, failure to provide accurate wage statements, failure to pay final wages, failure to keep accurate time records, and failure to reimburse necessary business expenses. The PAGA s...

Excerpt: ...lowing for a percentage of the gross recovery and also provided her a charging lien for any sums owing for unpaid fees and costs. Ms. Palmieri alleges that she associated with Defendants in June 2016 and recommended that Ms. Gilliland follow her. She alleges that Defendants agreed to a division of fees pursuant to which Ms. Palmieri would be paid a minimum of 20%. She alleges that she ultimately agreed to employment with the United Law Center bas...

Excerpt: ...Angela Taylor (represented by attorney Lyle Solomon) recorded a lis pendens against the subject property ostensibly based on a lawsuit filed against Ms. Villarreal and her estate. However, it appears no such lawsuit had actually been filed and in any event, Placer County was not the appropriate venue for same. When Martinez demanded the improper lis pendens be withdrawn, plaintiffs revealed that they had “a qualified company that expressed thei...

Excerpt: ...g to Defendants, because they had filed their answer, Plaintiff no longer was able to file an amended complaint as a matter of right pursuant to CCP § 472. The first amended complaint only added a single cause of action seeking penalties pursuant to Labor Code § 2698 et seq. (Private Attorneys General Act of 2004 [“PAGA”].) PAGA allows aggrieved employees to bring civil actions to recover civil penalties for violations of the Labor Code aft...

Excerpt: ... Management until is dissolved in November 2020. Defendants argue that they were never served with the complaint and did not discover the existence of this action until December 7, 2020 when Defendant Timofey's bank accounts were levied upon. They argue that Plaintiff PNC Equipment Finance served them by way of substitute service at 2721 Grove Avenue in Sacramento despite the fact that Defendant Timofey has not resided at that address since 2014....

Excerpt: ...the care he received at the Woodland Skilled Nursing Facility. The Decedent alleges causes of action for elder abuse and violation of the Patients' Bill of Rights (Health & Safety Code § 1430). Plaintiffs Geraldine Taylor, Diane Hohn and Thomas Taylor assert causes of action for negligent infliction of emotional distress and wrongful death. Defendants seek to compel the dispute to arbitration pursuant to an Arbitration Agreement signed by Diane ...

Excerpt: ...r agreement executed by the Hill Defendants in connection with the latter's legal malpractice action against another law firm which resulted in a substantial settlement after Freidberg was disqualified. Although Freidberg filed a Notice of Lien in the malpractice action, it is alleged that this lien was not honored by the Hill Defendants, their subsequent attorneys and others. Pursuant to the provisions of the retainer agreement, the Hill Defenda...

Excerpt: ...khin (“Rassikhin”), the Safety Manager for USKO. She alleges that Rassikhin sexually harassed her, including sexually assaulting her multiple times. Plaintiff filed her initial complaint on 10/28/2019. No trial is scheduled. Plaintiff moves for leave to file a first amended complaint (“FAC”), the only amendment is to add Rassikhin as a named defendant. In support of the motion, Plaintiff's counsel avers: “The effect of the proposed amen...

Excerpt: ...o expunge is made on the ground that Theis's Amended Cross‐Complaint does not contain a cause of action which would, if meritorious, affect Theis's title or possession of specific real property, and that the lis pendens is void because Theis failed to comply with the service requirements. Plaintiffs Batchelor and Edward Tillman, LLC ("Plaintiffs") filed a complaint against Theis and Andreas Rodriguez ("Defendants") in June 2020, alleging nine c...

Excerpt: ...e 3.769 (g).) A presumption of fairness exists where: (1) the settlement is reached through arm's‐length bargaining; (2) investigation and discovery are sufficient to allow counsel and the court to act intelligently; (3) counsel is experienced in similar litigation; and (4) the percentage of objectors is small. (Newberg & Conte, Newberg on Class Actions supra, § 11.41, pp. 11‐91.) On December 3, 2020, the court preliminarily approved the set...

Excerpt: ...e of action, Plaintiff alleges: “On information and belief, Defendant Cheryl Hess is and at all relevant times to this complaint was the wife of Defendant Dana Hess, who caused a multi‐car pileup as a result of his negligent driving on May 10, 2018, with Plaintiff Elizabeth Buchmiller sustaining injury as a result of that collision. Instead of offering to pay Plaintiff Elizabeth Buchmiller's medical bills or check to see how she was doing, De...

Excerpt: ...rs. *** Defendant California Department of Public Health's (“CDPH”) demurrer to Plaintiff Johnnae M. Harkey‐ Kirk's first amended complaint (“FAC”) is ruled upon as follows. Overview This is a putative class action for CDPH's purported “unauthorized disclosure of sensitive and private personal medical information regarding Plaintiff and class members' pregnancy tests.” (FAC, ¶ 1.) Plaintiff alleges that: “8. On or about November ...

Excerpt: ...ained with leave to amend for failure to state facts sufficient to constitute a cause of action. Defendant's Request for Judicial Notice is granted. Plaintiff alleges causes of action for professional negligence, breach of contract, and breach of fiduciary duty arising out of defendant's representation of plaintiff as a courtappointed public defender in the underlying criminal case, Sacramento County Superior Court Case No. 99F09138. Plaintiff al...