Excerpt: ...h plaintiff's vehicle. Specifically, Plaintiff alleges that Bradley Bradley Jr., while in the course and scope of employment with DWT “drove negligently in that he made an erratic and abrupt U‐turn across multiple lanes of traffic and across the double yellow lines, resulting in a serious collision. (First Amended Complaint (FAC), COA 2.) The FAC, filed December 23, 2020, ostensibly alleges causes of action for general negligence, motor vehic...

Excerpt: ...Council 16 Internat. Union of Painters & Allied Trades (2015) 234 Cal.App.4th 524, 535.) However, the Court notes that the governmental suggestion form subject to the request states that it was revised “10/2019,” and consists of at least two pages with instructions on the back and attached program rules on another page. Shah alleges he submitted the suggestions at issue in the SAC in 2006 and 2007, and the other referenced pages are not provi...

Excerpt: ...ed to serve as equal shareholders, co‐officers, and co‐directors with Jahnsen and Gregorio Candelario each receiving approximately half of the annual net profits. Plaintiff alleges that Defendant Gregorio Candelario was the Chief Financial Officer of the company and therefore was primarily charged with maintaining the company's books and records, preparing tax returns, and other fiduciary duties. According to Plaintiff, “[s]tarting in appro...

Excerpt: ...t request for reasonable expenses including attorney's fees pursuant to Code of Civil Procedure section 1987.2(a) against plaintiff and cross‐defendant George S. Batchelor (“Batchelor”) and his counsel in the amount of $3,060 (or $7,200) is DENIED. Theis' concurrent request for a protective order prohibiting the production of private personal and financial information contained in the subpoenaed records is DENIED. Batchelor's defensive requ...

Excerpt: ...the Court shall conduct a final approval hearing to inquire into the fairness of the proposed settlement. (Cal. R. C.t 3.769(g).) A presumption of fairness exists where: (1) the settlement is reached through arm'slength 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, Newb...

Excerpt: ...5 Cal.4th543, 590; Steed v. Department of Consumer Affairs (2012) 204 Cal.App.4th 112, 120‐121.) In this personal injury action, Plaintiff Domenica Manley alleges that she was harmed as a result of the negligent performance by Defendant Gonik of a robotic assisted laparoscopy with resection of a right pelvic sidewall mass and nerve sheath tumor. (Compl. para. 18.) Plaintiff also alleges that Dr. Gonik also was negligent in failing to intra‐op...

Excerpt: ...ent requests for sanctions are denied. The statutory bases of Champ's motion are not clear from its moving papers. Champ's motion cites 2030.010, et seq., [i.e. Code of Civil Procedure, part 4, title 4, chap. 13, Art. 1 consisting of sections 2030.010 to 2030.090] and specifically cites Section 2030.090(d). The series of statutes cited by Champ describe only the general rules for propounding written interrogatories. And Section 2030.090(d) provid...

Excerpt: ...ary adjudication on January 13, 2021. Among the exhibits filed in support of the motion are two documents which Defendant argues are, by their terms and the commitment of the parties, confidential. Defendant moves to file under seal (1) the Flow Subservicing Agreement between Bank of America National Association, Servicer and Bayview Loan Servicing, LLC, Subservicer, dated August 1, 2012 (“the Subservicing Agreement”); and (2) the settlement ...

Excerpt: ...er Code of Civil Procedure section 526a to Prevent Illegal Expenditure of Funds”; third cause of action for “Violations of California Constitution, Article I, Section 7‐EQUAL PROTECTION”; fourth cause of action for “Violation of United States Constitution, Amendment 14‐EQUAL PROTECTION"; and fifth cause of action for “Breach of Statutory/Mandatory Duties” in Plaintiff Susan Lea's first amended complaint (“FAC”). The demurrer i...

Excerpt: ... notice is granted. This litigation arises from a real estate purchase and sale agreement for the purchase of an apartment building in Sacramento. Cross‐Complainant Howe Manor, Inc., as seller, alleges in its cross‐complaint causes of action for (1) breach of contract, (2) breach of implied covenant of good faith and fair dealing, and (3) violation of Business & Professions Code § 17200. Cross‐Complainant alleges Cross‐Defendant engaged ...

Excerpt: ...under Business & Professions Code § 17200, et seq. Defendant specifically demurs to the complaint on the following grounds: (1) the first cause of action for legal malpractice fails to state facts sufficient to constitute a cause of action because Plaintiffs have not filed within the statute of limitations; (2) the second cause of action for negligence fails to state facts sufficient to constitute a cause of action because Plaintiffs have not fi...

Excerpt: ...sing him of engaging in illegal acts. The First Amended Complaint (“FAC”) alleged a single cause of action for slander per se. Defendant filed a special motion to strike the FAC, which the Court granted on December 9, 2020. A formal order granting the motion was entered on December 21, 2020. Defendant now moves to recover $31,276.17 in attorneys' fees and costs under Code of Civil Procedure (“CCP”) section 425.16, subdivision (c). Discuss...

Excerpt: ...es (Set One). After oral argument, the court ordered CDCR to serve verified written responses, without objections, by no later than December 30, 2020. (ROA 31.) As relevant background, CDCR obtained several extensions to respond to the discovery due to: (1) the retirement of the key CDCR contact in June 2020; (2) lack of access to documents and availability of CDCR staff to assist in the completion of said responses because of the unprecedented C...

Excerpt: ...d the complaint on October 13, 2018, alleging causes of action for (1) Uniform Controlled Substances Abatement Act, Health & Safety Code § 11570, et seq.; (2) public nuisance, Civil Code §§ 3479, 3480; (3) social nuisance, Sacramento City Code Chapter § 8.08.080; and (4) unlawful cultivation of cannabis, Sacramento City Code Chapter § 8.132. (ROA 1.) On December 1, 2020, Plaintiffs dismissed the second and third causes of action. (ROA 60.) P...

Excerpt: ...endant 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. (See ROA 133.) In support of the instant motion, Defendant filed a declaration stating he was never served with any document ...

Excerpt: ... which was extended to defendant. The proof of service filed on 11/25/2019 indicates the summons & complaint were personally served on defendant at a residence located in Elk Grove on 11/20/2019 at 4:20 p.m. A default was subsequently entered against defendant on 2/5/2020, followed by a default judgment of just over $5,500. Moving Papers. Defendant now moves to set aside the default and default judgment on the ground that she was never personally...

Excerpt: ...icient to support Plaintiff's prayer for punitive damages and/or attorney's fees. Legal Standard A motion to strike challenges portions of a complaint that are substantively defective on the face of the complaint. (PH II, Inc. v. Superior Court (1995) 33 Cal.App.4th 1680, 1682‐1683; see also Code Civ. Proc. § 437.) The Court does not consider extrinsic evidence in considering the motion. More specifically, a motion to strike should be granted ...

Excerpt: ... the time of the request which of moving defendants' 30 Undisputed Material Facts, plaintiff's 29 Additional Material Facts and/or which of the parties' respective objections to evidence will be addressed at the hearing. The parties should be prepared to point to specific admissible evidence already in the record which is claimed to show the existence or nonexistence of a triable issue of material fact. *** To the extent Defendants' motion actual...

Excerpt: ... contact opposing counsel forthwith and advise counsel of Local Rule 1.06 and the Court's tentative ruling procedure. If One Call's counsel is unable to contact opposing counsel prior to the hearing, One Call's counsel shall be available at the hearing, by CourtCall or Zoom as stated in the introductory NOTICE to today's Tentative Rulings, in the event opposing counsel appears without following the procedures set forth in Local Rule 1.06(B). One ...

Excerpt: ...Defendant Lonnie Dewitt's demurrer to Plaintiff Alexsei Lukianov's first amended complaint (“FAC”) is ruled upon as follows. Overview This is an action between a former couple in which Plaintiff alleges that Defendant failed to disclose his HIV‐positive status and infected Plaintiff through unprotected sexual activities. Plaintiff is a resident of Russia. Defendant is alleged to be at all relevant times a resident of Sacramento County. Plai...

Excerpt: ...lleges a cause of action for whistleblower retaliation under Labor Code § 1102.5. As seen from the parties' requests for judicial notice, Plaintiff previously filed an unfair practice charge with the California Public Relations Board (“PERB”) in July 2019 alleging that he was “retaliated against for engaging in protected activities” in violation of Government Code § 3543 (Educational Employment Relations Act [“EERA”]). (Def. RJN Exh...

Excerpt: ... with Poelman to build the Inn. Poelman subcontracted with Defendant/CrossComplainant/Cross‐Defendant DTS Mechanical, Inc. (“DTS”), an HVAC installation contractor. DTS installed a Daikin VRV‐II system (“VRV‐II” or “HVAC System”) that was supplied by Defendant/Cross‐Defendant Norman S. Wright Mechanical Equipment Corp. (“NSW”), an agent and/or authorized representative of Defendants/Cross‐Defendants Daikin North America,...

Excerpt: ...ocess of selling the company's assets. They allege that the relied on Defendants InterWest Insurance Services, LLC, Mike McStocker, and Marie Lavana, their insurance brokers, to obtain ongoing Directors & Officers insurance coverage after the sale of the company's assets. Plaintiffs allege that they believed that they were obtaining six years of “runoff coverage” to cover them for approximately six years of acts they would take in winding dow...

Excerpt: ... action for premises liability and negligence in connection with injuries he allegedly suffered when he fell inside a Food Source store in Sacramento in May 2017. Plaintiff alleges in his Judicial Council form complaint that he “slipped and fell on a[] liquid substance, believed to have been a raw egg, that presented a dangerous condition.” (Comp. ¶ Prem. L‐1.) He alleges that Defendants “breached their duty to plaintiff by failing to ad...

Excerpt: ...ter Douglas Fabrication Co. (“HDFC”) and Hunter Douglas, Inc.'s (“HDI”) (collectively “Defendants”) motion to quash amended subpoena for personal appearance of Isha Aguirre (“Aguirre”) and production of documents, or in the alternative, request for protective order is ruled upon as follows. I. Overview This is a FEHA employment action. Plaintiff alleges that Defendants retaliated and discriminated against her because she had taken...

Excerpt: ...16, 2018 (“SAC”; ROA #56) in its entirety. Alternatively, the Motion requests the court to strike all or portions of paragraphs 5, 9‐20, 27, 30, 32‐34 from the SAC, on the grounds that they allege irrelevant, false, or improper matter. The Motion also includes a request for sanctions pursuant to Code of Civil Procedure § 128.5(a) for “actions or tactics, made in bad faith, that are frivolous or solely intended to cause unnecessary dela...

Excerpt: ...tal disclosure indicated that “Mr. Kayfetz is an expert in the fields of visibility studies, comparison photogrammetry, and computer virtual reality simulations.” (Krieger Decl. ¶ 2, Exh. A.) According to Lyft, Mr. Kafyfetz has been designated to testify on a subject for which Alford and Dunivin already designated an expert and/or to testify on a subject not raised by any other party which it contends violates CCP § 2034.280. CCP § 2034.26...

Excerpt: ...nded complaint removing the declaratory relief cause of action. The first amended complaint sets forth a single cause of action for penalties pursuant to PAGA based on numerous alleged Labor Code violations. Defendant moves to compel arbitration pursuant to an arbitration provision contained in the “Twitch Affiliate Agreement” that Plaintiff was required to accept to become a broadcaster or “streamer” on Twitch. The provision provides tha...

Excerpt: ...endent medical examination (“IME”). According to Defendants, they have sought the IMEs for over a year and Plaintiffs have failed to cooperate and between the two of them have failed to show for four properly notices IMEs. “If a defendant who has demanded a physical examination under this article, on receipt of the plaintiff's response to that demand, deems…any refusal to submit to the physical examination is unwarranted, that defendant m...

Excerpt: ...y Zoom audio, if available (see bolded language above), to participate in oral argument on the continuance date. Defendant Secretary of State of California's (“Defendant”) motion to expunge lis pendens is GRANTED. Defendant moves pursuant to CCP § 405.30 to expunge the Notice of Lis Pendens recorded in the office of the Recorder of Kern County, California, Document Number 220124692 field on or about September 8, 2020 (the “Notice of Lis Pe...

Excerpt: ...ot represent itself. It must represent through an attorney. Therefore, the motion as to Viva Management Corporation is dropped without prejudice. Caressa Camille, Inc. v Alcoholic Beverage Control Appeals Bd. (2002) 99 Cal.App.4th 1094, 1101;Merco Construction Engineers, Inc. v Municipal Court (1978) 21 Cal.3d 724, 731. On October 14, 2020 plaintiff filed a Complaint alleging causes of action for breach of contract, breach of oral contract, breac...

Excerpt: ...s (“Mr. Bolanos”) held title to the Property as joint tenants. Mr. Bolanos subsequently transferred his interest in the Property to Defendant. Plaintiff filed this action on June 9, 2020 alleging financial elder abuse, among other things. The Verified First Amended Complaint alleges causes of action for: 1) financial elder abuse, 2) partition, 3) judicial foreclosure, 4) theft by false pretenses, and 5) undue influence fraud. Plaintiff prays ...

Excerpt: ...participate in oral argument on the continuance date. Defendant Kenneth Rosenfeld's Demurrer to the Amended Complaint is sustained 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 cou...

Excerpt: ...0 Plaintiff served notices of depositions for the Witnesses. (Padova Decl., ¶ 2.) After determining counsel was unavailable on the dates noticed, Defendant served an objection to the depositions, which included an offer to meet and confer. (Id. at ¶¶ 2‐3.) On October 26, 2020, Plaintiff contacted Defendant's counsel via email to request dates of availability for the witnesses (Id. at ¶ 4.) Defendant's counsel responded with an email directi...

Excerpt: ... in Plaintiff's memorandum of points and authorities, and the proposed right to attach order. Despite these deficiencies, Defendant filed an opposition to the merits of the Application. Defendant did not object to defective notice. By opposing the Application on the merits, Defendant waived the deficiencies regarding notice. Moreover, it is clear from the opposition that Defendant understands that Plaintiff seeks to attach $326,936.33. Overview I...

Excerpt: ...ation (“CDCR”) alleges she was sexually harassed by Defendant Christopher Lewis (“Defendant Lewis”), another employee of CDCR. (See complaint). Pursuant to Code of Civ. Proc. § 1043, Plaintiff seeks discovery of various peace or custodial officer personnel records. Specifically, Plaintiff seeks to compel responses to Requests for Production (“RFP”), Set One, Nos. 8, 12, 25‐26, 29‐45, and 47; RFP, Set Two, Nos. 55‐66 and 74‐77...

Excerpt: ...��) is GRANTED in part and DENIED in part. Factual Background Gio Fitness is a business with its principal place of business in Placer County. Plaintiff Pat Accettura is Gio Fitness' sole member. Vanir Group and Vanir Development are real property developers. Ms. Dominguez is the Chairwoman and Chief Executive Officer of Vanir Group. Gio Fitness and Vanir Group formed a limited liability company Lincoln Gateway Ventures, LLC, (“Lincoln”) that...

Excerpt: ...1535.) “Courts engage in a two‐step process to resolve anti‐SLAPP motions. ‘First, the court decides whether the defendant has made a threshold showing that the challenged cause of action is one arising from protected activity. The moving defendant's burden is to demonstrate that the act or acts of which the plaintiff complains were taken “in furtherance of the [defendant]'s right of petition or free speech under the United States or Ca...

Excerpt: ... 5/19/2015 death of Reverend Amaziah Altraide (“Decedent”) whose prostate cancer had been treated with Lupron, Effexor and “radioactive gold seeds.” On 3/21/2016 plaintiff Stella sent a letter to Kaiser Permanente's Legal Department expressing her intent to bring a lawsuit for “medical malpractice” and “lack of informed consent” related to Decedent's medical treatment and death in Nigeria. An initial lawsuit was filed on 5/15/2017...

Excerpt: ... Plaintiffs are Sutter patients and they generally allege they have sent and received electronic communications with Sutter via its website, sutterhealth.org, which provides patients with multiple options to sign‐in to the Patient Portal, search for a doctor, pay a bill, or exchange communications relating to their medical condition. It is claimed that when a person uses the website, Sutter discloses certain information about such use to Facebo...

Excerpt: ...he Court's CCMS system allows the public to access and view all pleadings and documents once they are filed unless the Court orders otherwise and thus, it is imperative for counsel to appropriately redact all pleadings and documents before filing. If plaintiffs' now desire to shield this information from the public, they shall promptly file and serve an appropriate noticed motion to seal pursuant to CRC Rule 2.550 et seq. and lodge (not file) wit...

Excerpt: ... operative complaint purports to assert claims for disability discrimination, failure to accommodate, retaliation, wrongful termination, unfair business practices and “waiting time penalties” under Labor Code §201 and §203. Moving Papers. According to Defendants, plaintiff applied for employment with JSFA in 2014 and signed a valid, enforceable agreement to arbitrate any and all claims arising out of his employment including those for discr...

Excerpt: ...ual Background This action arises from a motor vehicle accident occurring at an intersection in Sacramento on 1/24/2019. Plaintiff asserts that the collision was caused at least in part by a “construction sign” which “obscured traffic near the intersection” and he did not discover the sign was owned by SMUD until 11/16/2020. In order to hold SMUD, a public entity, accountable, plaintiff now moves pursuant to Government Code §946.6 for re...

Excerpt: ...te motions but the parties briefed the opposition and reply briefs for both motions together. As such, the Court considers the motions together. The notice of motion does not provide notice of the Court's tentative ruling system as required by Local Rule 1.06(D). Plaintiff is ordered to notify Defendant immediately of the tentative ruling system and to be available at the hearing, via Zoom or CourtCall, in the event Defendant appears without foll...

Excerpt: ...t for Production of Documents, Set One, from Plaintiffs Jeff Harris and Teresa Harris are ruled upon as follows. This is an elder abuse action. This matter arises from the admission of decedent Eva Harris at Mission Carmichael, a skilled nursing facility, from June 20, 2018 to June 28, 2018. Plaintiffs allege that while at Mission Carmichael, Ms. Harris developed a fecal impaction resulting in acute renal failure and metabolic acidosis which ulti...

Excerpt: ...commenced on 3/14/2018 by plaintiffs Digital Tactics, Inc. ("DTI"), Terra/ERI, and Michael Newsom (collectively "Plaintiffs") as against defendants Steven Sprague, EnergySquad.org, Inc., Viruk Tungpagasit, ESH, and Duane Sprague (collectively "Defendants"). In June of 2018, Plaintiffs filed a First Amended Complaint ("FAC") which purports to assert causes of action for misrepresentation, breach of contract, breach of operating agreement, breach o...

Excerpt: ...their Special Interrogatories, set two ("SIs"), is granted as follows. Background The Court incorporates by reference herein the background from its concurrent ruling on Plaintiffs' Motion to Compel Further Responses to its Requests for Production of Documents, set two (“RFPs”). In addition to the RFPs, Plaintiffs propounded SIs to Van Son on September 17, 2020, related to Mr. Bendowski's testimony in the Lopez trial. (SIs, attached as Ex. F ...

Excerpt: ...in the alternative summary adjudication, as to Plaintiff Barbara Young (“Plaintiff's) first amended complaint is ruled on as follows: Defendant's objections nos. 8, 9, 13, 15, 21, 23, 28‐35 are overruled. However, the Court notes overruling the objections, it does not accept the truth of any conclusions made by Plaintiff and accepts only those facts supported by the evidence provided. Defendant's objection no. 38 to the screenshot of a job de...

Excerpt: ...econd cause of action for violation of Business & Professions Code section 17200, et seq., and against Defendants' Affirmative Defense Nos. 15, 32‐34, and 38. As such, Plaintiffs cite to seven issues for summary adjudication. The motion is ruled on as follows. The notice of motion does not provide notice of the Court's tentative ruling system, as required by Local Rule 1.06. Plaintiff is directed to contact defense counsel and advise them of Lo...

Excerpt: ...ehalf of a class of similarly situated individuals. Plaintiff's claims are based on defendants Cardinal Health Pharmacy Services, LLC and Cardinal Health, Inc.'s (collectively, “Defendants”) purported failure to pay overtime wages, failure to provide meal and rest periods, failure to provide accurate wage statements, failure to pay final wages, and violation of unfair business practices. Plaintiff further alleged Defendants' policies and prac...