Excerpt: ...filed on August 8, 2011, by Plaintiff and others against Lillian Penton (“Penton”) and Leanne Morris (“Morris”), Sacramento County Superior Court case no. 34‐2011‐00110427 (the “Underlying Action”). In the Underlying Action, plaintiffs alleged the real property they had rented from Penton and Morris suffered from various defects that left the property uninhabitable and caused personal injuries to the occupants. Penton and Morris h...

Excerpt: ...nc. dba Citrus Home's (“Citrus Home”) demurrer to Plaintiff Kara Hagstrom's complaint is ruled upon as follows. This is an action for Dependent Abuse (W&I Code 15600 et seq.) and Violation of Resident's Bill of Rights. The action is brought by Plaintiff Kara Hagstrom (“Kara” or “Plaintiff”), by and through her Guardian Ad Litem, Wesley Hagstrom. Citrus Home is an intermediate care/developmentally disabled nursing facility. Kara is a b...

Excerpt: ...ne day late on January 11, 2019. No prejudice has been shown. Plaintiff timely filed her opposition brief and other supporting documents on January 9, 2019, and Defendants timely filed a reply on January 16, 2019. Background This action arises out of a motor vehicle accident that occurred on February 27, 2015, in Sacramento, California. Plaintiff alleges she suffered personal injuries when she was rear‐ended by Defendant Nicholas Anaya. Plainti...

Excerpt: ... Exs. AC.) As the record establishes defendant Magen Michelle Hernandez has no interest in the vehicle given that the amount owned exceeds the value of the vehicle, RAC is not required to file an undertaking. The amount Defendant must post as an undertaking to stay delivery or regain possession pursuant to CCP § 512.020 is $28,254.29. RAC is also entitled to a turn over order. (CCP § 512.070.) With a writ of possession the court may also issue ...

Excerpt: ... M.D., Inc. (collectively "Taylor"). However, Taylor continues to claim the use of the “Health Care for Women” name when identifying her private practice, and continues to claim she represents and is authorized to act for “Health Care for Women.” Wellspace further alleges that Taylor wrongfully directed the US Postal Service ("USPS") to forward all mail addressed to “Health Care for Women” at 7601 Hospital Drive (Wells...

Excerpt: ...utter Health Sacramento Sierra Region dba Sutter Auburn Faith Hospital's (“Sutter”) demurrer to Plaintiffs Ronald and Rosemary Dougherty's first amended complaint (“FAC”) is ruled upon as follows. Overview This is an action for medical malpractice, survival and wrongful death of decedent Stephen Dougherty (“Stephen”). Plaintiffs are Stephen's biological parents. They allege that they are entitled to Stephen's property “under the law...

Excerpt: ...risdictional and the failure to file an action in the proper venue does not demonstrate that the complaint fails to state a cause of action. Rather a challenge to venue should be raised by way of a motion to transfer venue. (CCP § 396a, 396b (stating that a challenge to venue may be made by motion at the same time the defendant answers, demurs, or moves to strike, or may be made by motion in lieu of answering, demurring or moving to strike). Mr....

Excerpt: ...t they had not paid rent for the storage unit. Plaintiffs also allege that Defendant wrongfully converted the property in the storage unit. On 11/8/2018, the Court granted Defendant's unopposed motion for terminating sanctions against Hall. Defendant now seeks $26,754.35 in attorneys' fees pursuant to contract. (Civ. Code 1717.) Defendant points to the following provision in the contract which it contends entitles it to attorneys' fee...

Excerpt: ..., Plaintiff sent a settlement demand seeking the repurchase of the vehicle and $6,436.30 in attorney's fees and costs. Defendant counter‐offered for $9,500 inclusive of fees and costs. Plaintiff rejected the offer. On 3/31/2016, Plaintiff sent another settlement offer, requesting repurchase and $25,741.36 in attorneys' fees and costs. Defendant did not respond. On 4/3/2017, Defendant offered $12,500 inclusive of attorneys' fees and costs. Plain...

Excerpt: ...can President Lines Ltd., (collectively “Defendants”) for judgment on the pleadings is DENIED. Defendants' request for judicial notice of a dictionary definition of the term “shipping container,” and of facts related to the Bureau International des Containers et du Transport Intermodal, is denied as irrelevant. Overview This is a personal injury case under California law. The plaintiffs are Narendra Prasad (Narendra) and Sushila N. Prasad...

Excerpt: ...tion for terminating sanctions against Hall for his failure to respond to discovery and failure to comply with the Court's repeated discovery orders. On 12/14/2018, Defendant filed the instant motion to compel Hall's attendance based on his failure to appear pursuant to the notice of deposition. CCP § 2025.450(a) provides that "If, after service of a deposition notice, a party to the action or an officer, director, managing agent, or...

Excerpt: ...8th date, he was flexible to changing the date. Defendant did not serve objections to the deposition notices, but instead served objections. Between May and June 2017, the parties attempted to meet and confer regarding deposition dates. The action was thereafter stayed when a motion to compel arbitration was filed. The court denied the motion to compel arbitration and the stay was lifted on October 10, 2017. In December 2017, Plaintiffs resumed m...

Excerpt: ...sed on a model protective order used in the Los Angeles County Superior Court. GML has revised the model version to bar disclosure to experts who are currently employed by its competitors. Because the protective order allows a party to challenge designations, it does not improperly delegate the determination of trade secrets to the parties. (Compare Stadish v. Superior Court (1999) 71 Cal.App.4th 1130, 1139, 1144, 1146‐ 1147.) The court notes t...

Excerpt: ...alifornia and California Horse Racing Board (Board) and Board of Stewards (Stewards) (collectively “Defendants”) to the FAC is SUSTAINED in part and OVERRULED in part. Defendants' request for judicial notice is GRANTED. In its discretion, the court has considered Plaintiff George L. Luster's (Luster) opposition notwithstanding any untimeliness. Future failures to comply with statutory deadlines, however, could result in adverse rulings. Overv...

Excerpt: ...laint (FACC), the court summarized the action as follows: In 2004 FEOC was awarded a grant from Parks to construct a Neighborhood Youth Center (“NYC”) consisting of a gymnasium and an administration building. A contract memorializing the terms of the grant was executed in 2005. The City of Fresno (“City”) subsequently approached FEOC about selling the gymnasium, which FEOC maintains was constructed with none of the grant's proceeds. In 20...

Excerpt: ...usly has been providing misleading and deceitful information to potential trial witnesses in order to improperly influence their trial testimony.” To that end, they argue that in connection with certain Notices to Consumer and Deposition Subpoena, Mr. Collins informed witnesses [not parties] that Defendant's upper management were responsible for Ms. Lovenstein's injuries and that Defendants would attack the witnesses credibility at trial becaus...

Excerpt: ...rties have informed the Court that Mr. Komski has passed away. Mr. Komski alleged his status in the present action as the Master of the California State Grange, and as a de facto director of Foundation. Mr. Skinner's declaration states that “[t]he California State Grange may seek to substitute one or more other individuals into this action in place of Mr. Komski.” (Skinner Dec., 1:23‐24.) The case record does not indicate that any steps hav...

Excerpt: ...er's is directed to review Local Rule 1.06 and provide the requisite language regarding the court's tentative ruling procedure in all notices of motions and applications. This court is not persuaded that any of the conduct attributed to defendant or its attorney (e.g., declining to sign and return the Notice and Acknowledgement of Receipt of Summons & Complaint; failing to timely respond to the original complaint; and filing a demurrer to both or...

Excerpt: ...argo Bank (1990) 220 Cal. App. 3rd 1117, 1138.) 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...

Excerpt: ...M.C.M. Construction, Inc. ("MCM") a privately‐held construction company formed in 1973. The five shareholders are James and Judith Carter, Joey Carter, Jeffrey Carter, Harry McGovern, and James Coppini. Plaintiff seeks an order appointing provisional directors for MCM to serve on a special litigation committee (“SLC”) for the purposes of evaluating and taking action on a September 26, 2018 demand made by shareholders James and Judit...

Excerpt: ...nalysis, the court acknowledges two intervening matters that arose after the motion was filed and impact its resolution in part. On November 30, 2018, the Court sustained Foundation's Motion for Judgment on the Pleadings as to the Plaintiffs' Third and Fourth causes of action, so those causes of action are no longer at issue on this motion. And, Mr. Komski passed away on November 12, 2018, and the Court is not aware of any record action at presen...

Excerpt: ...ggrieved employees alleges that Vivint violated various Labor Codes and Wage Orders. Plaintiff asserts a single cause of action for Violation of the Private Attorneys General Act (Labor Code §2698, et seq.) Plaintiff seeks to recover civil penalties pursuant to Labor Code §§ 2698‐2699.5. (Complaint, ¶¶ 35‐37.) In his prayer for relief, Plaintiff requests “civil penalties according to proof, including but not limited to the amount of an...

Excerpt: ...endants did not file a separate opposition to this motion, their opposition to the other pending motion to compel by plaintiff addresses in part matters which are relevant to this motion as well and thus, the court construes defendants' singular opposition to the other pending motion as an opposition to both of these motions brought by plaintiff. This is a wage‐and‐hour case brought by a single plaintiff. According to the moving papers, plain...

Excerpt: ...ainst the defendant.” (CCP § 583.310.) “[A]n action shall be dismissed…after notice to the parties, if the action is not brought to trial within the time prescribed in this article.” (CCP § 583.360(a).) Dismissal is mandatory and not subject to extension, excuse, or exception, except as expressly provided by statute. (CCP § 583.360(b).) Pursuant to CCP § 350, an action is commenced when the complaint is filed. The complaint in this ac...

Excerpt: ...e. Defendant Dean Kratzer's motion to dismiss is denied. Defendant moves to dismiss Plaintiff's complaint which was filed on July 7, 2015, on the basis that Plaintiff failed to serve the complaint within three years of filing. A motion to dismiss for delay in service of summons is not a general appearance. (Code Civ. Proc, § 583.220(b).) Plaintiff opposes the motion on the basis that service of the complaint within three years was impossible, im...

Excerpt: ...man who worked as an information systems manager at UC Davis Medical Center (“UC Davis”). She alleges that UC Davis engages in racial discrimination (disparate treatment) in the way the employees were promoted and in the way IT work was assigned. She alleges that she was retaliated against for making complaints regarding racial discrimination. Plaintiff began her employment in December 2011. She was terminated from her position on September 1...

Excerpt: ...�game purchases of deceptively marketed in‐game items in Defendant's immensely popular games Overwatch and Hearthstone. The complaint concerns Defendant's “unfair and deceptive marketing of ‘Packs' for purchase by Hearthstone users, and of "Loot Boxes" for Overwatch users. Packs and Loot Boxes are virtually identical except in name. They both contain virtual items for use in the game, and they are purchased with real money. Blizzard...

Excerpt: ... Lanyadoo's (“Lanyadoo”) motion for summary judgment/adjudication. As noted in the Court's December 27, 2018, minute order, both the Irrevocable Trust's and Lanyadoo's motions are predicated upon the same arguments: the entire lawsuit, and each cause of action therein, is barred by the doctrine of judicial estoppel for Gopal's failure to disclose this lawsuit in Gopal's bankruptcy and, if any claims are not judicially estopped, Plaintiffs lac...

Excerpt: ...r a stay are DENIED as moot. Defendants' request for judicial notice of court documents is GRANTED. Overview This is a PAGA action under the Labor Code. The representative plaintiff is Ashleigh Phillips‐Armstrong (Plaintiff). Plaintiff filed this action on 8/24/18. She alleges that, between March 2017 and late August 2017, she worked for Defendants at a Chili's Grill & Bar Restaurant in Sacramento. (Compl., ¶ 6.) The complaint contains a singl...

Excerpt: ...r to plaintiff Francisco C. Tyquiengco's (“Plaintiff”) First Amended Complaint (“FAC”) is unopposed and is ruled upon as follows. Defendants' request for judicial notice of the Notice of Trustee's Sale is granted. In taking judicial notice of the recorded land document, the Court accepts the fact of their existence, not the truth of their contents. (Herrera v. Deutsche Bank Nat'l Trust Co. (2011) 196 Cal.App.4th 1366, 1375.) Factual and P...

Excerpt: ...or Ridgestone Apartments, to the amended complaint filed on 10/30/18 is OVERRULED in part and SUSTAINED in part without leave to amend. Logos' further request for an order transferring this matter to the court's small claims division is DENIED. Plaintiff Kent Taylor's (Taylor) request for a continuance is DENIED. Although Taylor filed an extensive opposition on 1/04/19, he argues that an automobile collision on 12/20/18 caused him head trauma tha...

Excerpt: ...h of contract, breach of warranty of habitability, and wages owed. Among other things, Scallin alleges that he was required to perform work on the property to make it habitable, and that he should be compensated for his labor. In June 2018, RRI served Scallin with its first sets of form interrogatories, special interrogatories, requests for admissions and document requests. Scallin's attorney did not timely object. In late July 2018, Scallin serv...

Excerpt: ...Anthony Short's probation report pursuant to Penal Code section 1203.5 and motion to compel production of documents pursuant to subpoena is granted as set forth below. In this wrongful death action, Plaintiff seeks an order pursuant to Penal Code section 1203.5 granting her petition to copy Defendant Joseph Short's probation report and an order compelling the Sacramento County Probation Department to comply with her subpoena requesting the report...

Excerpt: ...ts for admissions admitted is DENIED. The notice of motion does not provide notice of the Court's tentative ruling system as required by Local Rule 1.06(D). Counsel for Plaintiffs is ordered to notify Defendant's counsel immediately of the tentative ruling system and to be available at the hearing, in person or by telephone, in the event Defendant's counsel appears without following the procedures set forth in Local Rule 1.06(B). This, however, i...

Excerpt: ...llectively “Plaintiffs”). Plaintiffs allege what appears to be an oral agreement that they would acquire title to a residence in exchange for payments to Fisher. Plaintiffs allege the following: 8. Prior to January, 2018, FISHER was the reputed owner of the Residence, but was not on title at that time. 9. In about January 2018, FISHER'S son, Coye Fisher ("Coye"), contacted DUPLECHAN about purchasing the Residence. Coye had previou...

Excerpt: ...Insurance Company (“Defendant” or “Golden Bear”). The motion is granted in part and denied in part, as follows. Defendant's request for judicial notice of the complaint, cross‐complaint, and Plaintiff Ariz de la Vega's notice of request for dismissal is granted. Background Plaintiffs Pete and Ariz de la Vega filed a complaint against Golden Bear, their residential property insurer, on June 21, 2018. The complaint alleged one cause of ac...

Excerpt: ...nd others. Defendant seeks to compel this matter to arbitration pursuant to an arbitration agreement contained in the “GameStop C.A.R.E.S. Rules of Dispute Resolution Including Arbitration. (“CARES”). Plaintiff opposes the petition on the basis that the agreement is unconscionable and does not comply with Armendariz v. Foundation Health Psychare Services, Inc. (2000) 24 Cal.4th 83.) Defendant has been operating as a GameStop subsidiary and ...

Excerpt: ... On March 9, 2018, Guillermo Posada filed a class action complaint in Los Angeles Superior Court (“Posada”) against Defendant alleging labor code violations similar to the violations on which Plaintiff's PAGA claims are based. Defendant now moves to stay this action while the Posada action is pending so that the underlying labor code claims could be resolved before reaching the PAGA penalties in this action. On December 11, 2018, this Court g...

Excerpt: ...on 9/1/2017. The caption on all filings should be identical to the original complaint regardless of the fact that some parties have been dismissed or added and/or that their true names have been subsequently discovered. Factual Background Plaintiffs allege that in October 2016 contractors hired by the City of Sacramento (“City”) trespassed onto plaintiffs' property and wrongfully and unnecessarily denuded a number of trees without notice or c...

Excerpt: ...mpel compliance with Plaintiff's request for production yet the separate statement and accompanying papers indicate that Defendant interposed objections to the requests at issue (34‐40, 41 and 42) and did not agree to produce any documents. A motion to compel compliance is only proper where a party has agreed to produce documents but has failed to do so in compliance with its statement. (CCP § 2031.320(a).) As such, the motion at most can ...

Excerpt: .... Trial is currently set to commence on 3/11/2019. Defendant avers that around the end of October 2018, it discovered that it inadvertently failed to include this affirmative defense in its November 2016 answer to complaint (despite the fact defendant had raised this same defense by demurrer in August 2016 and reasserting it in subsequent motions for summary judgment). Contending that plaintiffs have long been aware of defendant's theory this cas...

Excerpt: ...ry 15, 2019 (though served on January 14.) On December 20, 2018, this Court granted Pacful's unopposed motion to compel. Plaintiff was ordered to serve verified responses, without objections, to Pacful's form interrogatories and requests for production (sets one) no later than January 3, 2019. The Court also granted Pacful's motion to deem matters in its requests for admissions admitted and awarded monetary sanctions. Defendants seek terminating ...

Excerpt: ...ce which is claimed to show the existence or non‐existence of a triable issue of material fact. *** Defendant/cross‐complainant Martinez's motion for summary judgment/adjudication on plaintiff's complaint is ruled on as follows. Although the notice of motion provided notice of the court's tentative ruling system as required by Local Rule 1.06(D), the notice does not comply with that rule. Moving counsel is directed to review the Local Rules, ...

Excerpt: ...strike Defendant's amended cross‐complaint. On December 6, 2018, the Court denied her motion for reconsideration of that ruling. On December 10, 2018, this Court granted Plaintiffs' motion for attorneys' fees pursuant to CCP § 425.16(c)(1) in the amount of $5,704.20. Defendant now seeks reconsideration of that order. As pointed out in opposition, while the proof of service states that the motion was served on the City Attorney on December 10, ...

Excerpt: ...� 430.41. They have now done so. In this action Plaintiff alleges numerous causes of action against Defendant, including the Seventh Cause of Action for Wrongful Termination in Violation of Public Policy which is the subject of the instant demurrer. Plaintiff alleges that she began working for Cal Worthington as the business manager of the Worthington Dealership in Sacramento in 1987. (SAC ¶ 12.) She alleges that in 1991 she was moved to the cor...

Excerpt: ...fliction of emotional distress, elder abuse and wrongful death in connection with an incident on August 28, 2017 when the Decedent, who was terminally ill from lung disease, received a morphine drip of 250 milligrams over less than 90 minutes, despite an order from his physician for a morphine drip at 1 milligram per hour. Defendant demurs to the second, third and fourth cause of action for NIED, IIED and elder abuse. However, Defendant's rep...

Excerpt: ...itted on law and motion matters. *** *** If oral argument is requested in an attempt to obtain leave to amend, plaintiffs shall be prepared to specifically discuss the new or different facts which may now be alleged in good faith to overcome the deficiencies noted below. *** Defendants Samuel Merritt University (“SMU”), Sutter Health (“Sutter”) and Isaac Bristow's (“Bristow”) (collectively “Defendants”) demurrer to the Third Amend...

Excerpt: ...f 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 of fact are true]; Steed v. Department of Consumer Affairs (2012) 204 Cal.App.4th 112, 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 wa...

Excerpt: ...contract and negligence on June 7, 2018. Therein, Plaintiff alleges the following. On May 14, 2008, Plaintiff recorded a Grant Deed in favor of the City to establish a perpetual conservation easement on 80 acres of land in Sacramento County (the "Conservation Rights"). (Complaint ¶ 6, Exh. A.) The Grant Deed authorizes the City to transfer its interests in the Conservation Rights, but only with Plaintiff's prior written consent. (Complai...

Excerpt: ... to Evidence While Rall filed written “objections to evidence,” his objections are procedurally defective. Rall “objected” to several of the California Lottery's UMFs. Rall's objections are overruled because objections are properly directed solely at “evidence.” (See CRC Rules 3.1352, 3.1354.) The Court need not rule and does not rule on the California Lottery's objections to evidence. (See Code Civ. Proc. 437c(q).) Factual and Proced...

Excerpt: ...alite's Employee Personnel Manual. Plaintiff does not dispute whether there is a valid arbitration agreement. Rather, Plaintiff insists that the arbitration agreement is unconscionable. Legal Standard The party seeking to compel arbitration bears the burden of proving the existence of a valid arbitration agreement. (Engalla v. Permanente Medical Group (1997) 15 Cal.4th 951, 972.) "Once that burden is satisfied, the party opposing arbitration ...

Excerpt: ...for the sale of illegal drugs, prostitution and public sex acts, and has become a haven for homeless people. Plaintiff also alleges that there has been an increase in burglary and theft. Plaintiff brings the complaint using the pseudonym “John Doe” because he wishes to maintain his privacy and has a fear for his safety. Plaintiff alleges that he lives in close proximity to the defendants and the property. Defendant moves to strike the complai...

Excerpt: ...ors. The Association commenced this lawsuit based on allegations that, in violation of the community's CC&Rs, Thompson was “refus[ing] to park his car in the garage and … [was] allowing two males under 45 years of age to reside at his home[.] (See Compl., ¶ 17.) On 7/10/18, the court entered default judgment against Thompson. The judgment includes monetary relief of approximately $8,000. It also enjoins Thompson to: (a) Comply with the Decla...

Excerpt: ...tion by the court. The court has received the parties' joint statement and now rules as follows. Moving counsel failed to comply with CRC Rule 3.1110(b)(3)‐(4). Factual Background In this elder abuse/wrongful death action, defendants have issued a records subpoena to CRM seeking “Any and all documents (lease, complaints, information re cockroach infestation, documents from or to and/or correspondence from/to Adult Protective Services, communi...

Excerpt: ... to the truth of the contents. Although the demand for action to the board is referenced in the FACC, the letter itself is subject to differing interpretations as to who was responsible for the actions taken in directing the payments for estimated tax liabilities. A matter ordinarily is subject to judicial notice only if the matter is reasonably beyond dispute. (Post v. Prati (1979) 90 Cal.App.3d 626, 633.) Although the existence of a document ma...

Excerpt: .... (See Code Civ. Pro. § 436 (a)‐(c).) A motion to strike challenges portions of a cause of action that are substantively defective on the face of the complaint. (PH II, Inc. v. Superior Court (1995) 33 Cal.App.4th 1680, 1682‐83; see also Code of Civ. Proc. § 437.) More specifically, a motion to strike should be granted to remove "any irrelevant, false, or improper matter inserted in any pleading," or where the pleadings are drawn in...

Excerpt: ...n attempt to obtain leave to amend, plaintiffs shall be prepared to specifically discuss the new or different facts which may now be alleged in good faith to overcome the deficiencies noted below. *** The court notes that the caption page for all papers filed in this case should reflect the caption of the original complaint filed on 2/1/2018 regardless of the fact that the name of one of the plaintiffs has subsequently changed. Factual Background...

Excerpt: ...es. Defendants' request for judicial notice is granted to the same extent it was granted in connection with Defendants' demurrer. The motion is denied as to the request for attorneys' fees. While no statute or contract supporting an attorney fee award is alleged, Plaintiffs argue in opposition that they would be entitled to fees pursuant to CCP § 1021.5 if they prevail. A “prevailing plaintiff may seek attorney fees as a private attorney gener...

Excerpt: ...ment will take place on January 14, 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 Frank Lee Dearwester, Appearance is required on January 14, 2019. Plaintiff Frank Lee Dearwester shall be available by COURTCALL, to participate in oral argument on the continuance date. The Court previously issued a tentative ruling sustaining Defend...

Excerpt: ...rs, Dmitriy was able to file a reply. Plaintiff Prestige Carrier filed the complaint against Vitek on September 14, 2016 alleging causes of action against Vitek in connection with Vitek's handling of Prestige's truck. Vitek filed a cross‐ complaint on a Judicial Council Form on October 14, 2016 alleging causes of action for declaratory relief, breach of contract for failure to pay repair invoices, breach of contract for failure to pay pursuant ...

Excerpt: ...lated causes of action and Labor Code causes of action and also class claims including the tenth and eleventh causes of action for waiting time penalties and wage statement violations under the Labor Code. Defendant demurs only to the tenth and eleventh causes of action. Tenth Cause of Action (Waiting Time Penalties [Labor Code §§ 201‐203]) Defendant's demurrer is sustained without leave to amend for failure to state facts sufficient to const...

Excerpt: ...ration and printing of ballots and the qualifications of candidates leading up to the November 2016 general election. The complaint alleges a single cause of action for declaratory and injunctive relief. The De La Fuente plaintiffs dismissed their claims in June 2017. The motion is granted on the basis that Plaintiffs failed to state facts sufficient to constitute a cause of action. (CCP § 438(c)(1)(B)(ii).) Plaintiffs failed to properly and tim...

Excerpt: ...ons of Todd Murch and Erin Scherer on the basis that they are high level apex employees. Eskaton makes the motion pursuant to Liberty Mutual Ins. Co. v. Superior Court (1992) 10 Cal. App.4th 1282, 1287 ["“it amounts to an abuse of discretion to withhold a protective order when a plaintiff seeks to depose a corporate president, or corporate officer at the apex of the corporate hierarchy, absent a reasonable indication of the officer's person...

Excerpt: ...he hearing and the parties should be prepared to point to specific evidence which is claimed to show the existence or nonexistence of a triable issue of material fact. *** Defendants One Call Medical, Inc. (NJ), dba One Call Care Management; Zonecare USA of Delray, LLC (FL), dba One Call Care Transport + Translate's (collectively “One Call”) motion for summary judgment is ruled upon as follows. Overview Plaintiff Tyrone Shacklefoot filed this...

Excerpt: ...tal, LLC's (Ascentium) reply. If Defendants Buttles Custom AG, LLC (Buttles Custom), Lindsay Buttles and/or Jacob Buttles (collectively “Defendants”) wish to file a sur‐reply to confront Ascentium's new evidence, then their counsel shall request oral argument and propose a reasonable continuance at the time of hearing. *** Ascentium's motion for summary judgment is GRANTED. Overview This is an action on a commercial loan agreement and relat...

Excerpt: ...er 10, 2018. Self‐ represented defendant's Motion to Set Aside Default and Motion to Quash Service of Summons is denied. This lawsuit arises from an alleged credit card debt purchased by the plaintiff. Defendant seeks to set aside the default and default judgment pursuant to CCP § 418.10(a)(1), Civil Code section §1788.61, and CCP §473(d)) as well as pursuant to the equitable powers of the court to remedy extrinsic fraud in service. Civi...

Excerpt: ...ction arises from a dispute relating to the control of a restaurant owned by OSI on Natomas Crossing Drive. Moving Papers. Ming claims to be the sole shareholder, officer and director of OSI following his brother Kenny's sale of his 50% stock interest in OSI back in 2008 but curiously, Ming concedes corporate records continue to reflect Kenny's “50% ownership” in OSI even after the sale. Plaintiffs now seek to enjoin Kenny from (1) representi...

Excerpt: ...eceased mother, Cheryl Lynn Shenefield. The caption of the complaint indicates it is for “Medical Malpractice and Wrongful Death,” but the body of the three page complaint appears only to allege an individual claim for wrongful death. The complaint alleges that due to Defendant's negligence, “plaintiff has been deprived of the comfort, affection, support, love, care, society and companionship of [her] mother.” (Complaint ¶ 11.) Defendant...

Excerpt: ...tion documents by the County Defendants ["NONE"]. They also state that the summary judgment contained "UNTRUE, INCORRECT, FRAUDULENT STATEMENTS." (p. 1 of Motion [emphasis in original]) Putting aside the question as to how the Chengs would know the contents of the summary judgment were untrue, incorrect or fraudulent if they never received the papers, it must be noted Plaintiffs have failed to present any evidence whatsoever indic...

Excerpt: ...es team who induced homeowners who experienced fire damage to their homes to enter into home improvement contracts covered under their homeowners' policies. Plaintiff received commissions on all contracts he obtained. Plaintiff generally contends his commissions were improperly calculated. On August 13, 2018, Plaintiff filed a complaint against Golden Coast Construction & Restoration (“Defendant” or “GCCR”) alleging the following eight ca...

Excerpt: ...f commercial real property located at 3230 Broadway, Sacramento, California 95817. The property consists of a two‐story, multi‐ tenant building with four commercial units and four residential apartments. On July 13, 2017, Plaintiff and Defendants entered into a Commercial Property Purchase Agreement for the sale of commercial real property located at 3230 Broadway for $775,000 (the "Purchase Agreement"). In order to finance the purcha...

Excerpt: ...rnment Code sections 8547 et seq. Plaintiff alleges that he was retaliated against for disclosing improper governmental activities in the workplace. Plaintiff was employed as a Special Agent‐In‐Charge with the Office of Internal Affairs ("OIA"), Headquarters. Plaintiff was responsible for preparing threat assessment reports and alleges he was retaliated against for complaining that other employees were intentionally hiding relevant in...

Excerpt: ...at various locations at the University of California, Davis campus. The Perma‐Pipe Piping System was installed by several different contractors under a series of separate contracts. Perma‐Pipe was aware of and involved in the procurement efforts for the Piping System installed at the UC Davis Campus. As a necessary part of this process, Perma‐Pipe had knowledge of the intended locations and specific uses of its product at the Campus, and pr...

Excerpt: ...e wished to purchase were on sale, when they were not. Macy's allegedly placed two clothing racks next to one another and displayed a "40% off" sign on one of the racks such that a reasonable consumer would have believed the merchandise on both racks was on sale. When he purchased shorts on the rack furthest from the on‐sale sign, he learned that he would have to pay the full price, which he paid. Stout alleges that other shoppers w...

Excerpt: ...ected plaintiff's "Motion for Extension of Time" on the basis he had not followed the rules for filing of motions. The Requests for Judicial Notice are unopposed and are 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 dem...

Excerpt: ...roaches, trespasses and overhangs plaintiff's property. Evans lived next door to plaintiff until April 17, 2018. Defendant Sanders is the current owner of the property. Plaintiff alleges that in January of 2017 a large branch fell from the tree and hit plaintiff's property causing $425 in damage. Defendant Evans gave plaintiff permission to remove the tree at plaintiff's expense but then revoked permission and denied access. (Complain...

Excerpt: ...al, Inc. and Paul D. Frank's (collectively “Defendants”) demurrer to Plaintiff La Jolla Cove Investors (“LJCI”) and Golden State Equity Investors, Inc.'s (“GSEI”) (collectively “Plaintiffs”) Second Amended Complaint (“SAC”) is ruled upon as follows. Overview In this action, Plaintiffs allege that they provide capital to real estate developers and businesses. In November 2013, LCJI loaned approximately $2.8 million to a borrowe...

Excerpt: ... the appointment of a receiver pursuant to a stipulation for entry of judgment ("Stipulation") is GRANTED. The appointment of a receiver after a judgment to carry the judgment into effect is authorized by Code Civ. Proc. § 564(b)(3). The Court may appoint a receiver to enforce the judgment when the judgment creditor shows that considering the interests of both the judgment creditor and the judgment debtor, the appointment of a receiver i...

Excerpt: ...dicial notice of court documents filed in this case is GRANTED. Plaintiffs' request for judicial notice of a complaint filed in another case is DENIED as irrelevant. Factual / Procedural Background This dispute over real property ended with a motion granting summary judgment in Galletta's favor. (See Galletta Decl., Exh. 2 [Ruling of 7/10/18]; Judgment of 8/15/18.) The plaintiffs are 6492 Florin Perkins Road LLC (the “Company”), Miguel Rodrig...

Excerpt: ...deotaping of the exam shall take place and that plaintiff must answer all questions necessary to enable the physician to ascertain the nature and extent of her injuries. On October 9, 2018, defendant served a demand for the exam to take place November 8, 2018. On October 11, plaintiff served a Response that included the conditions that the exam would be videotaped and that the physician could not ask plaintiff any questions she had already answer...

Excerpt: ...Ray (1993) 16 Cal.App.4th 193, 198‐199 [documents other than the Statement of Damages under CCP § 425.11 do not provide valid, constructive notice of damages sought for purposes of default judgment].) Consequently, and subject to arguments at the time of hearing, the court intends to modify the judgment by reducing damages from $1,265,997 to $1,024,000. Defendant and Judgment Creditor Raghvendra Singh's (Singh) motion to set aside default, def...

Excerpt: ...nts were required to file a meet and confer declaration with their motion pursuant to CCP § 435.5(a)(3), and have done so. The Court now rules as follows. The grounds for a motion to strike must appear on the face of the pleading under attack, or from matter that is properly subject to judicial notice. (Code Civ. Proc. § 437.) As with demurrers, motions to strike are disfavored. "The policy of the law is to construe pleadings 'liberally...

Excerpt: ...ing the things herein alleged was acting within the scope of such employment and agency. It is further alleged that the Defendants are jointly and severally liable to Plaintiff. Defendant Scott Sagaria suddenly passed away in mid September 2018, after the Requests for Admission were served on him, Sagaria Law APC and Matthew Decaminada on August 8, 2018. The plaintiff has withdrawn the discovery as to Scott Sagaria. Scott Sagaria was the sole own...

Excerpt: ...laintiff Lambert Davis (Davis) is suing Defendants for violation of the Unruh Civil Rights Act, CC §§ 51 and 52(a). Davis allegedly operates a company that produces and sells cheesecakes. He alleges that he sometimes provides individuals in professional athletics with cheesecakes in exchange for tickets to sporting events. Davis, who is African‐American, describes Krivacic as a Kings employee who currently serves as the Assistant Golden One B...

Excerpt: ...ing on this matter and served the opposition on Defendant that same day by mail. The Court notes Plaintiff argues his opposition was late because he was not served with this motion. However, the proof of service provided with Defendant's motion indicates Plaintiff was served by mail on August 21, 2018. Nonetheless, the Court has considered Plaintiff's opposition, but it does not change the Court's ruling. On August 10, 2018, this Court entered de...

Excerpt: ...�� existence of a triable issue of material fact. *** Defendant Berry's motion for summary judgment is DENIED because the moving papers failed to satisfy defendant's initial burden under Code of Civil Procedure §437c (p)(2) and even if this initial burden had been met, plaintiff carried her burden of producing evidence sufficient to establish at least one triable issue of material fact which mandates denial of summary judgment as a matter of law...

Excerpt: ...2018. DWR and D.A. McCosker Construction Co. dba Independent Construction Company, and Fidelity & Deposit Co. of Maryland's (“ICC”) request for judicial notice is granted. Background The procedural history of this case is complicated and convoluted, and a brief history is helpful in the context of the instant proceeding to provide a comprehensive overview. DWR and ICC contracted for construction of the Dyer Reservoir. The Court first heard ar...

Excerpt: ...ontends one customer was billed for services by defendant's new company while he was still employed by plaintiff. Defendant contends that he merely informed his customers that he had left employment with plaintiff and started his own company. Plaintiff contends that the identity of its customers is a trade secret, including their identities and email addresses and other contact information. Under Morlife Inc. v Perry (1997) 56 Cal.App.4th 151...

Excerpt: ...e court's tentative ruling sustained the demurrer without leave to amend. Despite failing to file an opposition, Plaintiff appeared at the hearing. The Court continued the matter to August 17, 2018 to allow Plaintiff to file a motion for leave to amend. Plaintiff failed to file a motion for leave to amend. The matter was then continued to the instant date. The Court received, but did not consider Plaintiff's opposition late filed on Augus...

Excerpt: ...4 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 except to the extent such facts are beyond reasonable dispute. (See Poseidon Devel., supra, 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...

Excerpt: ...ondent/claimant filed a claim opposing forfeiture on March 15, 2018. The People did not file a Petition for Forfeiture within 30 days of the filing of the claim and therefore Respondent seeks return of the property. At the time this matter was first on calendar, no petition for forfeiture has been filed. A Petition for Forfeiture was filed by petitioner on August 10, 2018 after this matter was continued to August 31, 2018, and then to September 6...

Excerpt: ...d, Inc., struck the wheelchair. On July 25, 2018, the Court granted defendant's motion to compel two IMEs, one by neurologist Vernon B. Williams, M.D. and a neuro‐psychiatric examination by neuropsychiatrist Mark H. Strassberg. The Court found good cause to require both examinations, and found that they were not duplicative of each other or the orthopedic and internal medicine exam. The examinations were to take place August 8, 2018. Plaint...

Excerpt: ...will be received one court day after the filing date. The opposition was due August 23, therefore it should have been served in a manner to ensure receipt by plaintiff on August 24. However, the court has considered the opposition despite the untimeliness, as defendant has fully addressed the opposition in the timely filed Reply and has not been prejudiced by the late service of the opposition. This action arises out of a motor vehicle rear‐end...

Excerpt: ... hearing in Department 53. Legal Officer D. Mercado shall have Mr. Harrell available by telephone on September 14, 2018 at 2:00 p.m. Mr. Harrell shall call Courtcall (888‐88‐COURT) prior to the September 14, 2018 hearing date and set up his appearance with Courtcall. In addition, Mr. Harrell will have to call Courtcall prior to the 2:00 p.m. hearing on September 14, 2018, so Courtcall can connect him to Department 53. The clerk shall fax a co...

Excerpt: .... Butalla's CSAA policy provides uninsured motorist coverage. Both Insurance Code § 11580.2 and the policy require Butalla to demand an arbitration to resolve his coverage dispute with CSAA. Background Facts/Procedure In January 2013, Butalla, through his former counsel Joseph Cooper (Cooper), served CSAA with a written demand to arbitrate. (Schultz Decl., ¶ 3.) The demand, which was served by certified mail / return‐receipt requested, expres...

Excerpt: ...damages is GRANTED but with leave to amend, as follows. The opposition papers inexplicably fail to comply with CRC Rule 3.1110(b)(1), (3)‐(4). Factual Background This action arises from a motor vehicle accident alleged to have occurred when defendants' vehicle made an illegal u‐turn directly in front of plaintiff, who asserts that the driver fled the accident scene and either has been or will be convicted of felony hitand‐run. The complaint...

Excerpt: ...te Compensation Insurance Fund (“SCIF”). Plaintiff alleges that SCIF assigned its rights to Plaintiff. At issue on this motion are Plaintiff's responses to Defendant's special interrogatories 1‐9 and Form Interrogatory 50.1. At the outset, the Court will not deny the motion based on a failure to meet and confer. While Defendant sent a single brief letter shortly before the motion to compel deadline, at least with respect to special interrog...

Excerpt: ... motion spans just a few pages, fails to include a proper notice of motion, and does not provide any evidence of any subpoena much less a basis upon which to evaluate the subpoena. Further, the motion contains no proof of service and was dated August 28, 2018, just 5 court days prior to the hearing. Nevertheless, Defendants filed a response to the motion which did not object to the service defect and indicated that they were withdrawing the subpo...

Excerpt: ...ance is required on September 5, 2018. Plaintiff Merrick shall be available, by COURTCALL, to participate in oral argument on the continuance date. The plaintiff filed a late opposition on August 23, 2018, the original hearing date. The Court has reviewed the opposition and determines that nothing in the opposition cures the defects of the First Amended Complaint. Therefore, for the reasons stated below and in the Reply, the demurrer is sustained...

Excerpt: ...nation in violation of public policy, IIED, NIED, and breach of contract. Plaintiff alleges that he was “lured” from his lucrative consulting practice by Assemblyman Mathis to help fix problems in his office. He alleges that this required him to prevent Mathis from misusing state resources, engaging in sexual harassment and other improper behavior. (Comp. ¶¶ 1, 18, 19.) Plaintiff alleges that he sought assistance from the Assembly Rules Com...