Excerpt: .../29/2018 defendant Krivacic, described as the Box Office Manager at the Golden One Center, “reached the arbitrary, irrational conclusion that [plaintiff]…was scalping Sacramento Kings tickets” and then made a false statement to his staff (and possibly others) about plaintiff “scalping” Sacramento Kings tickets. The 1AC adds that in a 2017 lawsuit plaintiff made essentially the same allegation against defendant Krivacic, who was in 2015 ...

Excerpt: ...follows. This action arises from orders obtained by the Office of the Attorney General (the “AG”) requiring three charities, MAP International (“MAP”), Catholic Medical Mission Board (“CMMB”), and Food for the Poor (“FFP”), to cease and desist certain solicitations that were based on how these charities accounted for donations called “Gifts in Kind” or “GIKs.” Each charity immediately complied with the order, but appealed ...

Excerpt: ...ailable by COURTCALL, to participate in oral arguments. Defendant County of Sacramento's (named herein as Sacramento County Main Jail) (“Defendant”) motion to dismiss plaintiff Dena Marks' (“Plaintiff”) complaint for failure to serve Defendant within three years is UNOPPOSED and is GRANTED. Plaintiff filed her complaint against Defendant on July 15, 2013. (ROA 1.) To date, Plaintiff has never served Defendant with the complaint. Defendant...

Excerpt: ...., § 437c, subd. (q).) Factual Background This action arises from Defendant's employment of plaintiff Lisa Casey. Plaintiff was employed as a night manager in the Emergency Department (“ED”) at Defendant's Morse Avenue hospital from 2008 to 2015. One of Plaintiff's nurse subordinates (nurse John Doe) had received a DUI and wanted to participate in an alcohol abuse treatment program (the “diversion program”) with a company called Maximus ...

Excerpt: ...statement regarding the results of those efforts. The Parties have filed the joint statement indicating the issues that were resolved and those that remain. The motion to compel is now ruled upon as follows. Factual and Procedural Background This case involves allegations against six skilled nursing facilities (Cathedral Pioneer Church Homes II, Congregational Church Retirement Community, Bixby Knolls Towers, Inc., Gold Country Health Center, May...

Excerpt: ...s, intentional interference with prospective and economic advantage, and unfair competition. PEM alleges that after having their employment with PEM terminated, defendants Varner, Granados, Lucia and Garcia breached their confidentiality agreement with PEM by soliciting PEM's customers and inducing them to enter into residential mortgage agreements with AMEC. According to the moving papers, AMEC has now agreed to settle the claims asserted by PEM...

Excerpt: ... does not have personal jurisdiction over defendant Masters because defendant Masters has no minimum contacts with the State of California. This case is one of three lawsuits that have been and are being litigated by plaintiff David Masters against his father, defendant Roy Masters, and his brothers Alan and Michael Masters regarding a nonprofit corporation known as The Foundation of Human Understanding ("FHU"). Michael is a resident of t...

Excerpt: ...34; Plaintiff alleges she was not paid for all hours worked. "Specifically, she was not paid for all non‐drive time. Defendants deducted an hour of non‐drive time in calculating Plaintiff's non‐drive time." (Complaint ¶ 8) Plaintiff also alleges she was not afforded "lawful meal and rest breaks free from duty. She alleges "Plaintiff's wage statements do not evidence that Plaintiff was paid a separate hourly rate for...

Excerpt: ...urance Company of Wisconsin's demurrer to pro per Plaintiff Sirree Wyatt's first amended complaint (“FAC”) is ruled upon as follows. This is a breach of contract and bad faith action. Plaintiff alleges his car was stolen during the policy period, but Defendant denied Plaintiff's claim. Plaintiff alleges that on March 13, 2017, he appeared for a deposition with his counsel. Defendant's representative did not appear because she believed the dep...

Excerpt: ...onsolidated wage‐and‐hour putative class action. Andrea Spears (“Spears”) and Tomas R. Arana (“Arana”) (collectively “Plaintiffs”) are the named plaintiffs. Defendant Health Net of California, Inc. (“HNCA” or “Defendant”) is the moving party seeking summary adjudication here. Plaintiffs allegedly served as hourly, non‐exempt employees in HNCA call centers. Arana allegedly was promoted to a salaried, exempt position in or...

Excerpt: ...re involved in a two vehicle accident at the intersection of SR 16 and Eagles Nest Road in Sacramento. Cross defendant Gregory S. Lagoda was driving a vehicle on Highway 16 that hit plaintiff's vehicle as plaintiff was proceeding through the intersection. Plaintiff alleges that Ali failed to stop completely and proceeding through the intersection in a negligent manner. Ali contends that he stopped the vehicle at the intersection stop sign, an...

Excerpt: ...rated by her father, co‐plaintiff Serget Kalinovskiy. Defendant Gurwinder Singhrana (“Singhrana”) was also operating a tractor and trailer rig. Plaintiffs allege that Singhrana and co‐defendant Ranu Bros Transport, Inc. (“RBT”) owned/operated the rig. Plaintiffs allege that Singhrana collided with the rig in which Victoria was a passenger, causing her death. Yelena alleges that she has sustained a “loss of love, companionship, comfo...

Excerpt: ...emurrer to the complaint is SUSTAINED IN PART and OVERRULED IN PART, with leave to amend, as follows. Defendant's counsel failed to comply with CRC Rule 3.1110(b)(3)‐(4). Defendant's counsel is reminded that the meet‐and‐confer requirements of Code of Civil Procedure §430.41 are not optional and s/he must comply with the statutory meet ‐and‐confer requirements before filing a demurrer including but not limited to “identify [ing] all ...

Excerpt: ...liber Bodyworks, Inc. v. Superior Court (2005) 134 Cal.App.4th 365, 384‐385 ["The appropriate procedural device for challenging a portion of a cause of action seeking an improper remedy is a motion to strike."]) As such, it is appropriate to bring a motion to strike when a complaint improperly seeks punitive damages. (Id.; see also Venice Town Council, Inc. v. City of Los Angeles (1996) 47 Cal.App.4th 1547, 1561‐1562; Grieves v. Sup.C...

Excerpt: ... CSAA Insurance Exchange's (CSAA) medical expert is GRANTED in part and DENIED in part as follows: Burks and CSAA are involved in an underinsured motorist arbitration. CSAA retained Mark Hambly, M.D. (Dr. Hambly), a spinal surgeon, to testify about Burke's injuries, pre‐existing conditions, causation, treatment and prognosis. When CSAA disclosed Dr. Hambly as its medical expert, it asserted that “Dr. Hambly's rate for deposition is $1,000 an ...

Excerpt: ...Both moving and opposing parties failed to comply with CRC Rule 3.1110(b)(3)‐(4). Both the moving and reply memoranda fail to comply with CRC Rule 3.1113(d)‐(e) but they were nevertheless considered. Plaintiffs' “Objections to Defendants' Motion” are overruled. To the extent these are construed as objections to defendants' evidence, the court notes that many are not actually directed at “evidence.” Plaintiffs' objections to the “new...

Excerpt: ... DROPPED in part as moot. Dr. Klaisle's further motion for an order compelling a further written response to Document Request No. 19 is GRANTED. Background Facts/Procedure The court previously summarized this lawsuit as follows: This case presents a business dispute. The plaintiffs are Dr. Klaisle, M.D. and Deborah Klaisle M.D., a Professional Corporation… . The business in question is a “medical marijuana evaluations practice” (Practice). ...

Excerpt: ...mons and complaint and had no notice of this lawsuit until 7/28/2018, when she received plaintiff's application to renew the judgment against her. Specifically, defendant claims that personal service of the summons and complaint on the date listed in the proof of service did not occur because (1) the physical description found in the proof of service (35 year old female with brown hair, 5 feet 7 inches tall and 160 pounds) does not match defendan...

Excerpt: ...g the federal action. The tentative ruling was then vacated and the matter was continued to today's date for a ruling on the merits of the matter. Defendant County of Sacramento, Correctional Health Services' (the “County”) demurrer to plaintiff Eric Alston's complaint is now ruled upon as follows. The County's request for judicial notice is GRANTED. This action arises from Plaintiff's arrest on or about November 21, 2017, following an alterc...

Excerpt: ...18, is granted. In taking judicial notice of this document, the Court accepts the fact of its existence, not the truth of its contents. This whistleblower action arises from an alleged assault that occurred in December 2016, wherein Plaintiff, a legislative aide in the Senate, was raped by a colleague, a legislative aide to an Assemblyman, after having been out with a group of colleagues and friends for dinner and drinks. (FAC ¶¶ 10, 11.) Plain...

Excerpt: ...f this document, the Court accepts the fact of its existence, not the truth of its contents. Defendant's request for judicial notice of its form interrogatories (employment law) to Plaintiff and Plaintiff's responses thereto is denied. Defendant's request for judicial notice submitted in support of its reply as to a printout from the Anxiety and Depression Association of America is denied. As noted in Jolley v. Chase Home Finance, LLC (2013) ...

Excerpt: ...*** Cross‐defendant Department of Parks & Recreation's (“Parks”) demurrer to the First Amended Cross‐ Complaint (“1ACC”) of Fresno County Economic Opportunities Commission (“FEOC”) is SUSTAINED with leave to amend, as follows. Factual Background 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 term...

Excerpt: ...ed to comply with CRC Rule 3.1110(b)(4). The court notes that plaintiffs paid only one $60 filing fee in connection with this motion, although it seeks at least two (2) different orders (i.e., to compel compliance with prior order and to permit deposition after discovery cutoff). A separate filing fee is required for each. (Gov. Code §70617(f).) This lawsuit arises from a business transaction whereby plaintiffs purchased for $1.5 million the ass...

Excerpt: ...tion (collectively "Defendants") is SUSTAINED, without leave to amend. Overview The plaintiffs in this case are Gloria Single (“Single”) and California Long Term Care Ombudsman Association (“CLTCOA”) (collectively "Plaintiffs"). CLTCOA consists of local long‐term care ombudsman programs, staff, volunteers and supporters. CLTCOA advocates for long‐term care recipients such as Single. Ms. Single is in her 80s. Plaintiffs...

Excerpt: ...es of action for negligence, battery, assault, false imprisonment, and intentional infliction of emotional distress arising out of being tackled and detained by security personnel at a Goodwill store in Redding. The Court previously granted Defendant's unopposed motion to strike related to Plaintiff's complaint and also granted Defendant's second opposed motion to strike related to Plaintiff's first amended complaint ("FAC"). Defe...

Excerpt: ...c)(1)(A).) On a plaintiff's motion for judgment on the pleadings, the Court must disregard all controverted allegations in the complaint and accept all facts properly pleaded in the answer. (Sebago, Inc. v. City of Alameda (1989) 211 Cal.App.3d 1372, 1379‐1380.) "A motion by plaintiff for judgment on the pleadings is in the nature of a general demurrer, and the motion must be denied if the defendant's pleadings raise a material issu...

Excerpt: ...oss‐ Petition to Correct or Vacate the Arbitration Award are ruled upon as follows. 1. Overview This is an action for fraud, negligent misrepresentation, negligent/intentional breach of fiduciary duty, breach of contract of the Amended and Restated Buy‐Sell Agreement, breach of contract of the Amended and Restated Shareholder Employment Agreement, breach of implied covenant of good faith and fair dealing, common count, and accounting Applebla...

Excerpt: ...ation and began receiving injections in his eyes. He alleges that [CPCC] compounded the injected drug‐‐Bevacizumab‐‐and sold it to [codefendant] Vitreo, which administered the injections. Bevacizumab is an “off label use of Avastin.” [Citation.] According to Gelso, he received an injection from a syringe that CPCC supplied and that was contaminated with silicone. The contamination allegedly damaged his vision. He alleges Vitreo knew a...

Excerpt: ...ant Perdue Foods, LLC's demurrer to Plaintiffs Esther Fay Suckle as Trustee of the Suckle 1999 Living Trust, et al.'s Complaint is ruled upon as follows. Overview This is an action for breach of a purchase and sale agreement (“PSA”) between Defendant and Plaintiffs over the Defendant's use of groundwater. Plaintiffs allege that in May 2011, Defendant's affiliate called “Petaluma Acquisition, LLC” (“Petaluma”) entered into a lease agre...

Excerpt: ...laintiffs are Mina Habal (Habal) and Rona Ayub (Ayub) (collectively “Plaintiffs”). Plaintiffs contend that the vehicle Habal was driving was struck from behind on the freeway. Ayub was Habal's passenger. Both Plaintiffs allege physical and emotional injuries. In their original, Judicial Council form complaint filed in October 2016, Plaintiffs only named Nathan G. Levinson (Levinson) as a defendant. Plaintiffs alleged that Levinson was liable ...

Excerpt: ...ne of Union Pacific's trains, which was being operated by Union Pacific's employees Timothy R. Thompson, Fredrick A. Ratliff, and Chris M. Wright. Decedent's two successors in interest, Elizabeth Brown and Don Johnson (“Plaintiffs”), have sued Union Pacific and its three employees alleging negligence in the operation of a motor vehicle, general negligence, and premises liability. On April 6, 2018, Plaintiff propounded its first set of written...

Excerpt: ...Pacific) is OVERRULED. Overview This case presents an employment dispute. The plaintiff and former employee is Nazareth Howard III (Howard), who is African‐American. Pacific is the defending employer. In the first amended complaint (FAC), Howard alleges that a fellow employee “called [him] a stupid ‘N‐word'” after he asked for assistance while learning to cut fish. (FAC, ¶¶ 10, 11.) Howard further alleges that he informed Human Resour...

Excerpt: ...nostic & Solutions, Inc. (Advanced Pain) (collectively “Defendants”) is SUSTAINED in part and OVERRULED in part. Overview This case encompasses employment disputes and a dispute between a patient and healthcare providers. The plaintiffs are Joanne Davis (Davis), Mariah Florez (Florez) and Mary Tovar (Tovar) (collectively “Plaintiffs”). Davis alleges that Defendants, as well as Co‐Defendant Derrick Mullin, R.N. (Mullin), provided her wit...

Excerpt: ...sition was due no later than September 7, 2018. (CCP 437c(b)(2).) In addition, there is no proof of service of the opposition on Defendant. The court in its discretion may refuse to consider these papers in ruling on the motion. Weil and Brown Cal Prac Guide Civ Proc Before Trial (2017 The Rutter Group) para. 9:105:4 (citing CRC rule 3.1300(d); see also Sacramento Local Rule 2.31(C)). In this employment action, Plaintiff alleges causes of action ...

Excerpt: ...unctive relief and civil penalties in connection with the subject property located at 6136 Demonte Way in Elk Grove. Plaintiffs seek to have the subject property declared a public nuisance as a result of violations of numerous laws including drug house abatement laws. Plaintiff alleges that Defendant owns the subject property which has been home to a number of tenants and occupants and that the City has received over 100 complaints from neighbors...

Excerpt: ...position and reply. Defendant seeks to prevent the deposition of his wife, Jacqueline Gutierrez, from going forward. This action arises from a September 24, 2016 accident. Plaintiff alleges he was crossing the street in a wheelchair when the tractor‐trailer Bemardo Raul Gutierrez, Jr.'s ("Mr. Gutierrez") was driving, in the course of his employment with CR. England, Inc., struck the wheelchair. Jacqueline Gutierrez ("Mrs. Gutier...

Excerpt: ...ch a motion to expunge is brought the burden is on the party opposing the motion to show the existence of a real property claim. Kirkeby v. Superior Court, (2004) 33 Cal. 4th 642, 647. A "real property claim" is defined in Code Civ Proc § 405.4 as “the cause or causes of action in a pleading which would, if meritorious, affect (a) title to, or the right to possession of, specific real property or (b) the use of an easement identified i...

Excerpt: ...f seeks to compel Defendant to provide full and complete responses to certain requests for production (set one). Requests nos. 12‐13, 18‐19, 24‐25, and 28‐37 relate to Defendant's investigations and analysis regarding the defects. Requests 7, 79‐83, and 96 relate to Defendant's warranty and repurchase policies. Defendant interposed numerous objections to the requests for production, including objections based on relevance, burden and op...

Excerpt: ...of ruling on this motion but is then reinstated to continue in effect until the arbitrator's filing of a statement of decision. Defendants' Evidentiary Objections to the Declaration of Malanga are sustained. This is a construction defect cause brought by a number of homeowner plaintiffs. Plaintiffs Willie and Robin Bailey (“Baileys”) are original purchasers while the remaining plaintiffs are subsequent purchasers. Plaintiffs filed thi...

Excerpt: ...einstated to continue in effect until the arbitrator's filing of a statement of decision. Defendant's Request for Judicial Notice is granted. Lyon's Evidentiary Objections to the Declaration of Malanga are sustained. Plaintiffs filed their Complaint on January 8, 2016 and their First Amended Complaint ("FAC") on March 8, 2016. (RJN, Exhs. M‐N.) The FAC asserts a single cause of action for violation of building standards for ...

Excerpt: ...nc. v. Woodland Lane Estates, LLC (2007) 152 Cal.App.4th 1106, 1117‐18; see also Stratford Irrig. Dist. v. Empire Water Co. (1941) 44 Cal.App.2d 61, 68 [recorded land documents, not contracts, are the subject of judicial notice on demurrer].) The Court, however, does not accept the truth of any facts within the judicially noticed documents except to the extent such facts are beyond reasonable dispute. (See Poseidon Devel., supra, 152 Cal.App.4t...

Excerpt: ...f action against several defendants. Plaintiffs substituted Mr. Lynch as Doe Defendant 1 on October 21, 2015. (ROA 33.) Plaintiffs' complaint alleges the following six causes of action against Mr. Lynch: (1) personal injury ‐ strict product liability; (2) wrongful death ‐ strict product liability; (3) personal injury ‐ negligence; (4) wrongful death ‐ negligence; (5) survivors' action ‐ negligence; and (6) loss of consortium. Mr. Lynch ...

Excerpt: ...fendants' counsel is directed to contact Plaintiff's counsel forthwith and advise counsel of Local Rule 1.06 and the Court's tentative ruling procedure. If Defendants' counsel is unable to contact Plaintiff's counsel prior to the hearing, Defendants' counsel shall be available at the hearing, in person or by telephone, in the event Plaintiff's counsel appears without following the procedures set forth in Local Rule 1.06(B). Evidentiary Objections...

Excerpt: ...ants' counsel is directed to contact Plaintiff's counsel forthwith and advise counsel of Local Rule 1.06 and the Court's tentative ruling procedure. If Defendants' counsel is unable to contact Plaintiff's counsel prior to the hearing, Defendants' counsel shall be available at the hearing, in person or by telephone, in the event Plaintiff's counsel appears without following the procedures set forth in Local Rule 1.06(B). Evidentiary Objections Pla...

Excerpt: ...laintiff was involved in a motor vehicle accident which resulted, in part, on his left leg being amputated. In his November 2016 discovery responses, Plaintiff asserted that he has been unable to use the prosthesis due to his back injury. Assuming that his back injury improves, Plaintiff contends that he will have to be refitted for another prosthesis in the future, which costs approximately $45,000. On 6/12/2018, the Court granted, in part, and ...

Excerpt: ...inutes Orders, ROA No. 116) A trial court may, in its discretion, dismiss an action for delay in prosecution under the provisions of California Code of Civil Procedure §§583.410‐583.430, either on its own motion or on the defendant's motion, if it appears appropriate to the court under the circumstances of the case. (Cal. Code Civ. Pro § 583.410(a).) A discretionary dismissal for lack of prosecution must be made in accordance with rules ...

Excerpt: ...ded Cross‐complaint alleges 14 causes of action arising from disputes between the shareholders and directors of 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, plaintiff Harry McGovern, and James Coppini. The Carters allege in their SACC that, between 2007 and 2016, McGovern and former MCM director, James Coppini, ca...

Excerpt: ...reement. (Engalla v. Permanente Medical Group (1997) 15 Cal.4th 951, 972.) "Once that burden is satisfied, the party opposing arbitration must prove by a preponderance of the evidence any defense to the petition.” (Sparks v. Vista Del Mar Child and Family Svcs. (2012) 207 Cal.App.4th 1511, 1517.) 2. Analysis Defendant moves to compel arbitration pursuant to the Mutual Arbitration Agreement (“Agreement”) which Plaintiff signed when she b...

Excerpt: ...st 2: Admit that defendant's negligence was not a substantial factor in causing plaintiff's injuries. Request 3: Admit that defendant did not cause the collision that injured plaintiff. Request 4: Admit that plaintiff has no facts to support a contention that defendant's negligence caused her injuries. Plaintiff's single objection to each request was: "Objection. This Request seeks admission of an ultimate fact that is to be d...

Excerpt: ...thout prejudice. The motion is premature and is more appropriately addressed to the trial court as a motion in limine. The notice of motion does not provide notice of the Court's tentative ruling system, as required by Local Rule 1.06(A). Morrison's counsel is directed to contact Plaintiffs' counsel forthwith and advise counsel of Local Rule 1.06 and the Court's tentative ruling procedure. If Morrison's counsel is unable to contact Plaintiffs' co...

Excerpt: ...aintiff alleges that she suffered injuries and disabilities as a result of a rape by a colleague and Defendants failed to provide her a reasonable accommodation, failed to engage in the interactive process and retaliated against her when they used performance issues as a pretext to terminate her. Defendants issued subpoenas to Plaintiff's subsequent employers (Lundberg Family Farms and Blood Source) and MB Public Affairs, Inc., where she applied ...

Excerpt: ...e Attorneys General Act (“PAGA”) claims. Defendants move on the grounds that (1) Plaintiff's individual claims are subject to final and binding arbitration pursuant to a valid and enforceable agreement between the parties to arbitrate; and (2) Plaintiff's purported representative PAGA claims are expressly prohibited pursuant to a valid and enforceable representative action waiver between the parties. In the alternative, if the Court finds the...

Excerpt: ... no later than the date the opposition to the demurrer is due. (CCP § 472(a).) The opposition was due on September 5, 2018 and no stipulation has been presented to the Court. The Court therefore strikes the first amended complaint filed on September 6, 2018, on its own motion. The Clerk is directed to strike the first amended complaint. In this action, Plaintiff alleges that she suffered injuries while attending a concert at the Crest Theatre. S...

Excerpt: ...nts allege that the third cause of action is based on managerial actions that do not constitute harassment as a matter of law, and the claim does not allege sufficient facts demonstrating the harassment was severe and pervasive. Defendants' motion is ruled upon as follows. Plaintiff's TAC was filed on June 21, 2018, and alleges causes of action for disability discrimination, failure to accommodate, and harassment. Factual Background This case is ...

Excerpt: ...f to a Kaiser hospital where he was prescribed Ibuprofen prior to his intake with the Sheriff's Department. (Compl. ¶ 14.) The following day, Plaintiff was in pain and seen by correctional medical staff with the Sheriff's Department. Plaintiff was offered the medication Naproxen for pain by the MD, but Plaintiff declined stating he was allergic to the drug. (Compl. ¶ 15.) Plaintiff was released later that same day. Plaintiff alleges defendants ...

Excerpt: ...l Center (collectively, “Sutter”) is granted as follows. Plaintiffs allege Defendants engage in the "illegal practice of dumping vulnerable nursing facility residents into hospitals." (Third Amended Complaint (TAC) ¶ 1.) According to Plaintiffs, Defendants "dump" their neediest residents and, to maximize profits, refuse to readmit them. Such a practice allegedly violates state and federal law, which require "facilities to...

Excerpt: ...2 Cal.App.4th 1106, 1117‐18; see also Stratford Irrig. Dist. v. Empire Water Co. (1941) 44 Cal.App.2d 61, 68 [recorded land documents, not contracts, are the subject of judicial notice on demurrer].) The Court, however, does not accept the truth of any facts within the judicially noticed documents 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 ...

Excerpt: ...“City”) demurrer to the First Cause of Action of the First Amended Complaint (“1AC”) is OVERRULED, as follows. Factual Background In this action plaintiff alleges that while she was physically incapacitated by an epileptic seizure and otherwise restrained for transport to the hospital, defendant Evans, a paramedic from the Sacramento Fire Department (“SFD”), made inappropriate remarks about and fondled plaintiff's breasts in the prese...

Excerpt: ...c). Factual Background This action arises from the marital dissolution proceedings between plaintiff and his wife. Plaintiff, a licensed attorney, for the most part represented himself while his wife was primarily represented by defendant DeCuir. It appears the dissolution proceedings in El Dorado County were rather contentious in numerous respects. Plaintiff's complaint filed on 3/5/2018 purported to allege against DeCuir only causes of action f...

Excerpt: ...f has served a notice for the deposition of defendant's PMK on 44 topics which correspond to each of defendant's 44 “purported” affirmative defenses. The notice also seeks all documents the “evidence, refer or relate to,” “support” and/or “negate” each of defendant's 44 “purported” affirmative defenses. Defendant now seeks a protective order preventing this PMK deposition from going forward on the ground that the protective or...

Excerpt: ...ach of contract requires pleading of a contract, plaintiff's performance or excuse for failure to perform, defendant's breach and damage to plaintiff resulting therefrom. [Citation.]” (McKell v. Washington Mutual, Inc. (2006) 142 Cal.App.4th 1457, 1489.) In evaluating a motion for summary judgment or summary adjudication the court engages in a three step process. The Court first identifies the issues framed by the pleadings. The pleadin...

Excerpt: ...adjudication, is granted. Defendants' request for judicial notice is granted. In this employment action, Plaintiff Jessica McNary who was a licensed vocational nurse with the UC, alleges FEHA causes of action for failure to accommodate, failure to engage in the interactive process, harassment, retaliation, violation of Labor Code § 1102.5, violation of Health & Safety Code § 1278.5, violation of 42 USC § 1983, failure to prevent harassment/dis...

Excerpt: ...37c, subd. (q).) In this personal injury action, plaintiff Debra Ruth Bensema (“Plaintiff”) alleges she was injured after she tripped and fell on a floor mat in Defendant's restaurant. Plaintiff alleges the door mat was defective and created an unsafe walking surface. Plaintiff has alleged a single cause of action for negligence (premises liability) against Defendant. Defendant now moves for summary judgment on the grounds that Plaintiff has ...

Excerpt: ... of the contents therein. This case originates from a motor vehicle accident that occurred on February 3, 2015, in the city of Citrus Heights, California. Plaintiff Bahareh Angela Shivazad and Plaintiff Aidan Moez Ardalan were in a vehicle that was struck by Defendant Cynthia Ann Pelley. At the time, Defendant Pelley was working for Defendant Allstate. Plaintiffs allege that Defendant Pelley was taking a prescribed dosage of Mirapex for “restle...

Excerpt: ...on the ground there was no valid service of summons and complaint. More specifically, defendant claims he did not reside at the address where the substituted service was allegedly made and that he never received actual notice of this lawsuit until he received notice of the judgment's renewal, which had been mailed to his mother's house. Analysis. At the outset, the court notes that although the filing of a proof of service may give rise to a “p...

Excerpt: ...ent of Motor Vehicles (“Respondent”) and operated by one of the Respondent's employee. Following the collision, Petitioner and her insurance agent, Jack Kandola, reached out to DGS. (Laskin Decl. ¶ 5.) Kim Clark, a DGS Risk Analyst, requested information from Petitioner about the accident, and this was provided to DGS. (Laskin Decl. ¶ 5; Clark Decl. ¶ 1.) Six months later, Petitioner was awaiting documentation from her employer to support ...

Excerpt: ...section. Plaintiff has named City in the 1st cause of action for Motor Vehicle Negligence, the 3rd Cause of action for Dangerous condition of public property, and the 4th Cause of action for General Negligence based on alleged failure to maintain the traffic lights. “Except as otherwise provided by statute,” a “public entity is not liable for an injury, whether such injury arises out of an act or omission of the public entity or a public em...

Excerpt: ...ento County Jail, he was treated for injuries allegedly sustained before and after he was arrested. Plaintiff alleges that defendant Candalla, who served as plaintiffs treating nurse through the Sacramento County Correctional Health Services, offered him the medication Naprosyn, even though he told her he was allergic to it. Plaintiff alleges at ¶ 20 of the Complaint that Candalla told him it would take too long to look at his medical records an...

Excerpt: ...and Dean Rose's (collectively “Defendants”) demurrer to Plaintiffs Ralph (“Ralph”) and Kirsten Richardson's (collectively “Plaintiffs”) first amended complaint (“FAC”) is ruled upon as follows. Plaintiffs' request for judicial notice is granted. Overview This action involves the sale/purchase of a home. Plaintiffs allege that in early 2013, the entered into an oral agreement wherein Defendants would purchase the property (“Prope...

Excerpt: ...hinn's demurrer to Plaintiff Edith Montanez's complaint is ruled upon as follows. Defendant's request for judicial notice is granted. In taking judicial notice of the recorded land documents, 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; Kalnoki v. First American Trustee Servicing Solutions LLC (2017) 8 Cal.App.5th 23, 36‐37 [trial...

Excerpt: ...f action cannot support punitive damages because the fraud claim is insufficiently pled as argued in its demurrer and thus there is no basis for punitive damages. However, since the Court has concluded that the fraud claim was sufficiently pled, the motion to strike punitive damages is must be denied for the same reasons the demurrer was overruled. (See, e.g. Johnson v. Ford Motor Co. (2005) 35 Cal. 4th 1191.) Fraud is a cause of action which pro...

Excerpt: ...es' meal and rest period premiums, overtime, and double time rates of pay because it did not properly account for shift differentials in those calculations. The Complaint also alleges that Defendant failed to provide Plaintiff and similarly situated aggrieved employees with legally compliant itemized wage statements showing the full name of the legal entity that was their employer, the accurate total hours they worked each pay period, the app...

Excerpt: ..., (4) Kin Care Discrimination, (5) Wrongful Discharge in Violation of Public Policy, (6) Wage Statement Violations, (7) Failure to Provide Payroll Records Upon Request, (8) Failure to Provide Personnel File Upon Request, and (9) Unfair Competition. See Shimoda Decl., ¶ 4; Exhibit C. At about the same time, plaintiff provided notice to the LWDA and employer concerning the PAGA claims. Plaintiff eventually became authorized to file a civil action ...

Excerpt: ...��Plaintiff”) failed to comply with CCP § 1005 by filing an untimely opposition on September 4, 2018, only three days before the hearing 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. Nonetheles...

Excerpt: ... and during her employment, she was exposed to hazardous chemicals on the job. Plaintiffs allege that as a result of her exposure, Seanne developed injuries to her internal organs, including multiple myeloma. Plaintiffs bring causes of action against Grafsolve and multiple other defendants for (1) negligence, (2) failure to warn, (3) design defect, (4) fraudulent concealment, (5) breach of implied warranties, and (6) loss of consortium. Grafsolve...

Excerpt: ... private nuisance, constructive eviction, NIED, negligence and violation of Business & Professions Code § 17200. The action arises from Plaintiffs' tenancy at the Palms Apartment. They allege that their unit suffered from water intrusion which allowed mold to grow and which they contend breached the warranty of habitability. The FAC contained causes of action for negligence per se, constructive eviction, nuisance, violation of Business & Profess...

Excerpt: ...in their role as Plaintiffs' financial advisor, induced them to invest their money in two faulty investments: (1) an oil well project that appears to have been a Ponzi scheme, and (2) the Donnelly Fund, which had already lost all its employees and was under investigation for fraudulent bankruptcy filings when Plaintiffs invested. Plaintiffs allege they lost a large portion of their retirement savings as a result of their faulty investments. As Pl...

Excerpt: ...perly removed items from the property and failed to repair damage, failed to clean the carpet and left garbage at the property. Plaintiff seeks to add causes of action for intentional and negligent misrepresentation as a result of Defendants' deposition testimony in May 2018 in which he contends they admitted to altering the condition of the property and removed items between the time the property was listed for sale and the time the contract was...

Excerpt: ... for harassment based on gender and mental disability and IIED against Defendant Thomas. Plaintiff was hired as a lab technician in November 2013. Defendant Thomas became his supervisor in February 2014. Plaintiff was promoted to lead lab technician/foreman a position he held until December 2015 when he was demoted back to lab technician as a result of a December 4, 4015 meeting regarding a corrective action he received after accumulating points ...

Excerpt: ...to amend in part as set forth below. Defendant's request for judicial notice is granted. In this employment action, Plaintiff alleges FEHA related causes of action for disability discrimination, retaliation, failure to accommodate and failure to engage in the interactive process. She also alleges a cause of action for wrongful termination in violation of public policy. The Court has twice previously sustained Defendant's demurrer with leave to am...

Excerpt: ...ed to point to specific admissible evidence which is claimed to show the existence or non‐existence of a triable issue of material fact. *** Defendants Department of State Hospitals (“DSH”), Mark Grabau and Heather Riis' (collectively “Defendants”) motion for summary adjudication of plaintiff's causes of action for disability discrimination and violation of the California Whistleblower Protection Act at Government Code §8547 et seq. (�...

Excerpt: ...ts Randy David Barnes, Jeri F. Barnes, and Central Valley CDL Services, LLC (collectively, “Defendants”): the 1st for conversion of assets from Folsom Ready Mix ‐ Anderson, the 2nd for conversion of assets from Folsom Ready Mix, Inc., the 3rd for breach of fiduciary duty, the 4th for negligence, the 5th for constructive fraud, the 6th for conspiracy to defraud, the 7th for unjust enrichment, the 8th for imposition of constructive trust, the...

Excerpt: ...laintiffs allege that Alfadel's relationship with FedEx commenced in 2008 when Alfadel obtained a position managing a FedEx shipping route belonging to a friend. Alfadel began buying FedEx delivery routes through his different corporations. Alfadel owns and operates several Sacramento‐based transportation businesses, including J&J. Plaintiffs allege that "[a] substantial portion, if not all, of Alfadel's revenue is derived from cont...

Excerpt: ...fees between Plaintiffs and Defendant. The Court notes that it granted Defendant's special motion to strike Plaintiffs' complaint on August 2, 2018. Defendant's cross‐complaint for conversion, fraud and money had and received remains pending. Plaintiffs move to disqualify Defendant's counsel on the basis that counsel has an irreconcilable conflict of interest after appearing in Plaintiff William Palmer's divorce proceeding and acting as the set...

Excerpt: ...this action is granted. The Court previously granted, with leave to amend, the motion for judgment on the pleadings filed as to the Original Complaint. The Court found that the allegations of the Complaint were not sufficient to allege that the individual defendant, Joon Kong, was plaintiff's employer. Defendants contend that the FAC has not cured the defects and that no viable cause of action is alleged against Defendant Joon Kong. Plaintiff...

Excerpt: ... Center d/b/a Cost‐U‐Less Insurance Center ("Cost‐U‐Less"), as a broker of insurance policies, allegedly engages in the systematic practice of issuing entirely new and superfluous policies to obtain broker fees when Plaintiffs only required a simple amendment to a previously issued policy. The FAC also alleged claims regarding allegedly unlawful deposits charged by defendants when policies were purchased. The Complaint was filed A...

Excerpt: ...lace on September 19, 2018. 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 September 19, 2018. Plaintiff Frank Lee Dearwester shall be available, by COURTCALL, to participate in oral argument on the continuance date. Defendant's Request for Judicial Notice is granted. This cases arises f...

Excerpt: ...* Defendants Lawrence Lee ("Lee") and Equitech, Inc.'s ("Equitech")(collectively "Defendants") demurrer to Plaintiffs' second amended complaint ("SAC") is ruled upon as follows. This is an action for breach of fiduciary duty, fraud, constructive fraud, and conversion. Plaintiffs Robert Tellesen ("Tellesen"), J. Paul Muizelaar ("Muizelaar"), and Vogue Homes, Inc. ("VHI") (collectively...

Excerpt: ...984) 153 Cal.App.3d 902, 905.) The Court cannot consider the extrinsic evidence on a demurrer. (See, e.g. Ion Equipment Corp. v. Nelson (1980) 110 Cal. App. 3d 868, 881; Hibernia Savings & Loan Soc. v. Thornton (1897) 117 Cal. 481, 482.) Although a court is authorized to take judicial notice in connection with a demurrer ( Code Civ. Proc., § 430.30, subd. (a)), it may not judicially notice the truth of assertions in declarations or affidavits fi...

Excerpt: ...ll be addressed at the hearing and the parties should be prepared to point to specific evidence which is claimed to show the existence or non‐existence of a triable issue of material fact. *** Defendants Sacramento City Unified School District, Andrea Nava, Michael Kirkendoll and Yanely Hinojosa's (collectively “Defendants”) motion for summary judgment is ruled upon as follows. In this action, Plaintiffs Ahryah Ward (“Ahryah”), a minor,...

Excerpt: ...of contract. On June 4, 2018, the Court sustained the demurer as to the Third and Fourth Causes of Action. In its tentative ruling, the Court noted that while Plaintiff had agreed to withdraw or dismiss the Third Cause of Action for negligent misrepresentation against the Doerings, no dismissal had been filed by the demurrer hearing date; accordingly, the demurrer to the Third Cause of Action was sustained without leave to amend. As to the Fourth...

Excerpt: ... similarly situated as provided by various provisions of the Labor Code pertaining to overtime compensation, rest periods, and so forth. Inter‐State is Plaintiff's former employer. Plaintiff alleges that he was an hourly, nonexempt employee from approximately June 2012 to approximately October 2014. Plaintiff further alleges that Defendant engaged in the various labor violation of California law with regard to him and his fellow employees such ...

Excerpt: ... enter judgment pursuant to the terms of the settlement. If requested by the parties, the court may retain jurisdiction over the parties to enforce the settlement until performance in full of the terms of the settlement." As seen from the moving papers, Plaintiff and Defendant Mickey Iliescu entered into a settlement agreement in December 2016 providing that Defendant was to pay Plaintiff a total of $113,000 according to a detailed payment sc...

Excerpt: ...vehicle operated by defendant Williams and another operated by defendant Erik Gontar but owned by his father, Anatoliy. Trial is currently set to commence on 9/10/2018. Defendant Williams has agreed to pay one‐half of plaintiff's claimed damages, or just over $10,300, in exchange for a release and dismissal. Williams seeks by this motion a good faith determination which would effectively bar Erik and Anatoliy Gontar's respective cross‐complai...

Excerpt: ... law and motion matters. *** *** If oral argument is requested in an attempt to obtain leave to amend, plaintiff 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. *** Defendant Sacramento City Unified School District's (“District”) demurrer to plaintiff Coleman's Fourth Amended Complaint (“4AC”) is SUSTAINED without leave to amend, as follo...

Excerpt: ...ED in part. Wells Fargo's request for judicial notice of court documents, recorded land documents and an agreement cited in the FAC is GRANTED. In taking judicial notice, the court accepts the fact of these documents' existence and the fact of their contents. It does not accept the truth of the contents, including the truth of an amount asserted to be the arrears on a promissory note. (See RJN, Exh. I, pp. 3, 5; See Scott v. JPMorgan Chase Bank, ...

Excerpt: ...ollows. This matter was continued from August 21, 2018, to today's date to permit Defendants to file a reply to Plaintiff's late‐filed opposition, which was filed only two days prior to the hearing. Defendants have not filed any reply. Defendants' request for judicial notice is granted. (See Poseidon Devel., Inc. v. Woodland Lane Estates, LLC (2007) 152 Cal.App.4th 1106, 1117‐18; see also Stratford Irrig. Dist. v. Empire Water Co. (1941) ...

Excerpt: ...predecessor law firm (Radoslovich Parker Turner). Defendant has demurred to the second cause of action for elder abuse on the grounds that it fails to state facts sufficient to constitute a cause of action (Code Civ. Proc. § 430.10(e)) and is uncertain (Code Civ. Proc. § 430.10(f)). Legal Standard The rules applicable to demurrers require that pleadings are to be liberally construed. (CCP § 452.) A demurrer admits the truth of all material fac...

Excerpt: ...er 3, 2016, to March 31, 2018, and that during that time, Defendants withheld care and services, resulting in injuries and Plaintiff's ultimate death. Plaintiff's complaint alleges causes of action for elder abuse and negligent hiring/supervision. Mr. Murch is the CEO of Eskaton, Ms. Donovan is the Secretary of Eskaton, and Mr. Pace is the CFO of Eskaton. (Complaint ¶¶ 4‐6.) Defendants demur only to the first cause of action for elder abuse o...

Excerpt: ...case arises indirectly from a dispute between a national fraternal organization (“National Grange”) and individuals formerly operating its subordinate, constituent unit in the State Grange. On April 5, 2013, the National Grange revoked the State Grange's charter and restored it, under new leadership, in July 2014. The revoked State Grange has changed its name to “The California Guild.” (“Guild”). Considerable litigation ensued bef...