Excerpt: ...ligence and therefore fails to state a cause of action under Code of Civil Procedure section 430.10(e). Defendant's request for judicial notice of the complaint is granted. In this landlord‐tenant action, Plaintiffs allege the following causes of action: (1) negligence, (2) breach of the implied warranty of habitability, (3) negligent maintenance of premises, (4) maintenance of a nuisance, (5) unlawful business practices, and (6) wrongful evict...

Excerpt: ...rdered to notify Plaintiff immediately of the tentative ruling system and to be available at the hearing, via Zoom or CourtCall, in the event Plaintiff appears without following the procedures set forth in Local Rule 1.06 (B). Defendant's request for judicial notice is granted. The Court 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...

Excerpt: ... of Citrus Heights (“City”). The Citrus Heights Code Enforcement issued a red tag on the property which is a 2392 sq. ft. single family residence on a 1.06 acre lot (“Property”). The CHCE deemed the Property “unsafe to occupy.” On 6/2/2020, the court appointed Eric P. Beatty as the Receiver (“Receiver”) to “duly correct all of the existing violations now existing upon the Subject Property and to see to it that the violations do ...

Excerpt: ...uire Posting of Security is GRANTED as follows. Defendant's request for judicial notice is granted. The Court notes it did not consider the filings submitted by Plaintiff on December 17, 2020, and December 28, 2020, as Plaintiff did not have leave of court to submit supplemental briefing on the motion. A. Background Plaintiff, in pro per, is an inmate currently incarcerated at Corcoran State Prison. Plaintiff's form complaint states that he sues ...

Excerpt: ...iagnosed with Chronic Myelogenic Leukemia (“CML”) in 2000. He alleges that the defendants' products caused his disease. Mr. Villanueva's wife, Plaintiff Seanne Villanueva, alleges a cause of action for loss of consortium. Nineteen other Defendants filed joinders seeking to join the instant motion. Those joinders (including the joinders in Defendants' reply papers) are granted except as to Defendant Desoto Sales, Inc. Desoto Sales, Inc.'s join...

Excerpt: ...admissions to Defendant Rafael Quezada were deemed admitted on March 5, 2020. When the moving party is the plaintiff, there is only one ground for a motion for judgment on the pleadings: "the complaint states facts sufficient to constitute a cause or causes of action against the defendant and the answer does not state facts sufficient to constitute a defense to the complaint." (C.C.P. 438(c)(1)(A).) The grounds for the motion shall appear on the ...

Excerpt: ... v. H.A.S. Ins. Brokerage (1986) 184 Cal.App.3d 369, 374.) The Court did not consider Plaintiff's declaration submitted with the opposition. The Court cannot consider extrinsic evidence on demurrer. A demurrer “tests the pleadings alone and not the evidence or other extrinsic matters.” (SKF Farms v. Superior Court (1984) 153 Cal.App.3d 902, 905.) Extrinsic evidence may not properly be considered on demurrer. (Ion Equipment Corp. v. Nelson (19...

Excerpt: ...�AML”) application for writ of attachment against Pierce (“Application”). (ROA 49.) On 1/31/2020, the court issued the right to attach order and writ of attachment (“RTAO/WA”). (ROA 55.) On 2/27/2020, the court issued the writ of execution. (ROA 56.) The Application sought to attach, and RTAO/WA and writ of execution attached: “All real property, accounts receivable, chattel paper, and general intangibles arising out of the conduct of...

Excerpt: ...hristian School starting when plaintiff was a 16 year old sophomore at the school. Plaintiff alleges that Lombardi exploited Plaintiff's vulnerability and confidence, and after gaining trust and control over Plaintiff, seduced him into an unlawful and harmful sexual relationship, including, but not limited to, sexual intercourse. Plaintiff alleges Capital failed to supervise Lombardi. Plaintiff alleges causes of action against Capital for Neglige...

Excerpt: ...'s request for judicial notice is granted. Defendant demurrers on two grounds: (1) the FAC fails to comply with the Government Claims Act and all claims are barred under Government Code section 900, et seq., and (2) the FAC fails to plead exhaustion of administrative remedies under Title 15 of the California Code of Regulations. Plaintiff alleges two causes of action against Dr. Arya, one for negligence and the other for intentional infliction of...

Excerpt: ...hat the Class Notice be sent to Class Members in the manner set forth in the Agreement; (3) Schedule a hearing on final approval of the proposed Settlement and Plaintiff's counsel's application for an award of attorney's fees and litigation costs. Plaintiff worked as a barista at a Dutch Brother's coffee kiosk owned by defendant. Plaintiff alleges the following causes of action on a class or representative basis: (1) Failure to Provide Rest Break...

Excerpt: ...rs of receiving it. The Litigation Coordinator shall make Plaintiff available, by COURTCALL, at 9:00 a.m. on the date of the continued hearing date, which will be February 24, 2021 to participate in oral argument. The continuance date will always be an appearance required hearing so that Plaintiff need not request oral argument. Plaintiff Gregory Taylor's (“Plaintiff”) “Motion for Relief from the First Amended Complaint” (Register of Acti...

Excerpt: ...of the accident and that there is no evidence to support Plaintiffs claim. UMF Nos. 1‐5 in support of the motion state that on November 30, 2017, defendant was involved in a rear‐end auto accident on northbound State Route 99 near the Sheldon Road exit in Sacramento. She was driving a 2005 GMC Yukon and rearended Ireana Price, who was driving a 2001 Ford Expedition. The accident took place around 8:30 a.m. She did not consume any alcohol on t...

Excerpt: ...(“Essentia”) filed an Opposition. (ROA 260.) This ruling addresses SMUD's MSJ as opposed by Essentia. Essentia also filed a Joinder (ROA 261) stating “Plaintiff ESSENTIA INSURANCE COMPANY A/S/O JOHN W. COX hereby incorporates by reference the Opposition of Plaintiff FEDERAL INSURANCE COMPANY'S and the Opposition of Plaintiff TRAVELERS INDEMNITY COMPANY OF CONNECTICUT'S including all memorandum of points and authorities, declarations, exhibi...

Excerpt: ... On January 28, 2021, Plaintiff filed a supplemental declaration attesting to meet and confer efforts of counsel to obtain the documents. Defendant did not submit a supplemental declaration or other pleading. According to Plaintiff, all efforts to meet and confer were unsuccessful and, beyond that, Defendant declined to produce individuals whose depositions had been set for January to who might have aided in the designation, classification, and p...

Excerpt: ...alership including warranty claims and negligent repair, in connection with his purchase of a 2015 Jeep Grand Cherokee. On November 17, 2020, FCA's Motion to Compel Arbitration was denied on the basis that FCA had waived the right to arbitrate (See Minute Order, Department 53, November 17, 2020) The Court did not address plaintiff's other arguments as to why the case should not go to arbitration such as that the contract is subject to rescission ...

Excerpt: ...the Subject Vehicle's Theta II Engine that can result in catastrophic engine failure/seizure, stalling while in operation, and engine fire. On December 26, 2019, Defendant produced approximately 1.7 million pages of documents in this matter. This document production consisted of all documents turned over by Defendant to National Highway Transportation Safety Administration (NHTSA) in response to NHTSA's investigation Recall Query 17‐003 ("RQ 17...

Excerpt: ...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 Pend...

Excerpt: ...actually given any discount. Plaintiff alleges that Defendant “lures and entices shoppers to enter its stores and shop by displaying a false and misleading ‘20% OFF' sign, causing customers to believe all merchandise in the store is 20% off; when in reality, only some of its merchandise is 20% off; and further by placing 20% off standing signs on store shelves above merchandise that is being sold at full price.” (Compl. ¶ 1.) Plaintiff all...

Excerpt: ...ning documents, which she understood were subject to the laws of the State of California set forth in the Davis‐Stirling Common Interest Development Act ("Davis‐Stirling") and California's Civil and Corporations Code. Upon receiving the governing documents, Hemer read and reviewed each of them to familiarize herself with her rights and obligations and to gain an understanding of HOA's rights and obligations. Plaintiff contends HOA was require...

Excerpt: ...omitted) While courts take judicial notice of public records, they do not take notice of the truth of matters stated therein. (citation omitted) ‘When judicial notice is taken of a document, … the truthfulness and proper interpretation of the document are disputable.' (StorMedia Inc. v Superior Court (1999) 20 Cal.4th 448, 457, fn 9.” Herrera v Deutsche Bank National Trust Co. (2011) 196 Cal.App.4th 1366, 1375. The underlying dispute arose ...

Excerpt: ...ct 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, Newberg on Class Actions,...

Excerpt: ...ction that will be addressed at the hearing. The parties are also reminded that pursuant to local Court rules, only limited oral argument is permitted on law and motion matters. *** Moving counsel failed to comply with CRC Rule 3.1110(b)(3)‐(4). Factual Background This action arises out of plaintiffs Felina and Percival Roque's $500,000 investment in a cannabis cultivation business. Plaintiffs generally allege that the various named defendants ...

Excerpt: ...“Simply because information is on the Internet does not mean that it is not reasonably subject to dispute.” (Huitt v. Southern California Gas Co. (2010) 188 Cal.App.4th 1586, 1605, fn. 10.) The remainder of Defendant's request for judicial notice is granted. "[A] court may take judicial notice of the fact of a document's recordation, the date the document was recorded and executed, the parties to the transaction reflected in the recorded docu...

Excerpt: ... Factual Background This suit was commenced by plaintiff on 7/16/2020 as a representative action for civil penalties under the Labor Code's PAGA, asserting various wage‐and‐hour claims based on several different provisions of the Labor Code. On 9/15/2020 plaintiff filed a First Amended Complaint (“1AC”) which purports to add to the existing representative claims under the PAGA several new claims on behalf of a putative class of employees,...

Excerpt: ...d by Code of Civil Procedure §1290.2, which specifies that a petition relating to arbitration “shall be heard in a summary way in the manner and upon the notice provided by law for the making and hearing of motions” (i.e., Code Civ. Proc. §1005(b)), keeping in mind that 1/18/2021 (Martin Luther King, Jr. Day) was a court holiday. (Code Civ. Proc. §12c; Barefield v. Washington Mutual Bank (2006) 136 Cal.App.4th 299, 303.) Ordinarily, such d...

Excerpt: ...t's "surreply." There is no provision in the Code of Civil Procedure allowing for such a filing. An improperly filed surreply brief may be disregarded by the Court. (City of Arcadia v. State Water Res. Control Bd., (2010) 191 Cal.App.4th 156, 180, as modified on denial of reh'g (Jan. 20, 2011).) The Court need not repeat the factual and procedural background for this motion, which is set forth in full the Court's ruling on item 2 on today's calen...

Excerpt: ... December 1, 2021 (ROA #76.) A copy of the proposed amended pleading is attached to the Motion as Exhibit A. The Motion describes 18 additions, deletions or other alterations, and is supported by the declaration of Plaintiffs' attorney Stratton S. Barbee (“Barbee Dec.”) explaining that the amendments are not based on new facts, and that the effect of the amendment is to set forth the facts supporting the complaint in a more clear and organize...

Excerpt: ... of Civil Procedure section 2032. Plaintiff opposes the motion and requests $2,492.50 in sanctions. 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(D). Defendants are ordered to notify Plaintiff immediately of the tentative ruling system and to be available at the hearing, via Zoom or CourtCall, in the event Plaintiff appears without following th...

Excerpt: ...ws. Defendants' request for judicial notice of a discovery referee order in another case, Rios v. Plum Healthcare Group, LLC; Daisy Holdings, LLC dba Pine Creek Care Center, Sacramento County Superior Court Case No. 34‐2018‐ 00244263 is DENIED. Even if the Court were to take judicial notice of the document, it would be to notice the existence of the document and not the truth of the contents therein. In this alleged elder abuse action, Plaint...

Excerpt: ...Court shall conduct a final approval hearing to inquire into the fairness of the proposed settlement. (Cal. R. Ct. 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, Newberg ...

Excerpt: ...1/20/2019, Defendants served CCP §998 Offer in the amount of $156,001. Plaintiffs accepted the offer which included a full statutory “buy‐ back” of the vehicle, as well as other damages and penalties. Pursuant to Civ. Code §1790(d), Plaintiffs seek attorneys' fees under the “lodestar” method in the amount of $12,937.50, a “lodestar” enhancement of 0.5, in the amount of $6,468.75, for a total of $19,406.25 as the attorneys' fees, a...

Excerpt: ...tion to Interplead Penal Amount of Contractor's State License Bond And Bond Of Qualifying Individual. AIC alleges that it issued, “as surety, on behalf of James Peterson Industries, Inc. dba Solar 4 America (“PII”), as principal, a certain California Contractor's State License Bond No. SUR0022726 in the penal sum of Fifteen Thousand Dollars and No Cents ($15,000.00), pursuant to Business and Professions Code Sections 7071.5 ‐ 7071.11, eff...

Excerpt: ...uthorities” (“FAC MPAs”). The JC Form is merely the initial first three pages of the JC Form with no attachments that include the charging allegations. With respect to the paragraph 9 of the JC Form related to compliance with the claims statute, Plaintiff checked the box that he was excused from complying because “Plaintiff attempted to exhaust administrative remedies and was denied by prison officials when they failed to return the appea...

Excerpt: ...d numerous provisions of the Labor Code including §§ 201‐204, 218.5, 221, 226(a), 226.7, and more. Plaintiff alleges that Defendant failed to pay all meal and rest break wages, failed to properly calculate minimum and overtime wages, failed to provide compliant wage statements, failed to pay all wages due, caused employees to work seven consecutive days per week and failed to reimburse necessary business expenses. Defendant demurs to the comp...

Excerpt: ...rovisions of the Labor Code. The original complaint was filed on November 5, 2018 by Plaintiff Daniel Orosz, who is no longer a part of the action. Plaintiff Holly McElroen was added as a plaintiff on August 5, 2019. Plaintiffs Carla Gerling and Larrecia Edwards were added to the SAC on September 4, 2020. It is alleged that Plaintiff Orosz served a notice to the Labor and Workforce Development Agency (“LWDA”) pursuant to Labor Code § 2699.3 ...

Excerpt: ...as well as for an award of $3,648 in attorney fees and $435 in costs, is ruled upon as follows. The notice of motion does not provide notice of the Court's tentative ruling system, as required by Local Rule 1.06. Moving counsel is directed to contact opposing parties and advise him/her of Local Rule 1.06 and the Court's tentative ruling procedure and the manner to request a hearing, along with the correct address for Dept. 53/54. If moving counse...

Excerpt: ...b). This is Plaintiff's third attempt to reopen discovery. Plaintiff's first motion to reopen discovery was heard and denied on June 17, 2020. Plaintiff then moved to vacate that order pursuant to Code of Civil Procedure § 663, which the Court construed as a motion for reconsideration and denied on September 24, 2020. (ROA 416.) Plaintiff once again moves to vacate the Court's June 17, 2020, Order, but this time pursuant to Code of Civil Procedu...

Excerpt: ... of documents (set one) is ruled upon as follows. Plaintiff QBE alleges that its insured, Tara Goleno (“Goleno”), hired a contractor to remodel the kitchen in her home. As part of the remodeling job, the contractor installed a new dishwasher which connected and attached a Watts dishwasher adapter fitting to the new dishwasher. QBE alleges that on 12/14/2018, water loss from Watt's dishwasher adapter fitting caused water damage to the home and...

Excerpt: ...** Plaintiff Christopher Daneri's (“Plaintiff”) motion to compel further discovery responses from Specially Appearing Defendant LG Chem America Inc. (“LGCAI”) regarding jurisdictional discovery responses (set three), and to compel jurisdictional deposition is ruled upon as follows. LGCAI has a pending motion to quash service of summons and complaint due to lack of jurisdiction. The court has continued the motion a number of times to allow...

Excerpt: ...seq. (Private Attorneys General Act of 2004 [“PAGA”].) Plaintiffs allege that Defendant has violated numerous provisions of the Labor Code. The original complaint was filed on November 5, 2018 by Plaintiff Daniel Orosz, who is no longer a part of the action. Plaintiff Holly McElroen was added as a plaintiff on August 5, 2019. Plaintiffs Carla Gerling and Larrecia Edwards were added to the SAC on September 4, 2020. Motions to strike are disfav...

Excerpt: ...equest for judicial notice of documents in the Court's file is granted. In taking judicial notice of these documents, the Court accepts the fact of their existence, not the truth of their contents. (See Professional Engineers v. Dep't of Transp. (1997) 15 Cal.4th 543, 590 [judicial notice of findings of fact does not mean that those findings of fact are true]; Steed v. Department of Consumer Affairs (2012) 204 Cal.App.4th 112, 120‐121 [“[W]hi...

Excerpt: ...quest for judicial notice of the Cross‐Complaint and First Amended CrossComplaint filed by Catalyst in this action is granted. At the outset, this motion also seeks multiple forms of relief regarding two separate forms of written discovery (special interrogatories and requests for production), each of which contemplates a separate motion. Instead of filing separate motions as to each separate form of discovery, which is preferred by the Court, ...

Excerpt: ...e mailing by the TPA of the letter to the class from Plaintiff's counsel; and (3) produce the documents to the TPA in the form requested by a date certain is GRANTED as follows. This class action asserts various causes of action against First American relating to alleged underpaid repair claims by applying improper depreciation. Due to her illness, Plaintiff is no longer able to serve as class representative and sought, by way of document request...

Excerpt: ...e heard on October 13, 2020. On that date, the Court denied the motion without prejudice for lack of proper notice because the separate statement and supporting declaration of Natalie L. Winslow were not field until September 29, 2020, which was only two weeks prior to the hearing. The Court found that Plaintiff may file an Amended Notice of Hearing rather than filing a new motion, after obtaining a new reservation date for the motion. (ROA 171.)...

Excerpt: ... 15, 2019. On October 15, 2019, defendants requested a continuance of the motions to January 31, 2020, upon the ground that the plaintiff's counsel requested additional time to complete depositions prior to filing an opposition, and that all parties agreed to the continuance. The motions for summary judgment and concurrent motion to seal exhibits were continued accordingly. On January 8, 2020, defendants' counsel again requested a continuance of ...

Excerpt: ...cluding benzene, acetone and hydrofluoric acid during her employment at California Professional Firefighters and Firefighters Print and Design (collectively “CPF”) between 1986 and July of 2019. Plaintiffs allege that products containing benzene, acetone and hydrofluoric acid were a causal factor of her illness. Seanne alleges that she was exposed to K.Wilson's products, which she alleges are benzene‐containing petroleum hydrocarbon solvent...

Excerpt: ...on behalf of all hourly or non‐exempt employees who worked for defendant Mel Dawson, Inc. dba Dawson Oil Company (“Defendant”) within California between March 5, 2016, through December 31, 2020. On December 11, 2020, Plaintiff filed his First Amended Complaint (“FAC”), which added a claim for civil penalties under the Private Attorney General Act (“PAGA”). Plaintiff alleges Defendant failed to pay minimum and overtime wages, failed ...

Excerpt: ...truction, and maintenance throughout California. (Melmed Decl. ¶ 5.) Plaintiff was employed by Defendants during the Class Period. (Melmed Decl. ¶ 6; Garcia Decl. ¶ 4.) The Class Period is defined as “September 15, 2016, through March 23, 2021, or the date of first preliminary approval hearing, whichever occurs first.” (Stipulated Settlement Agreement and Release of Claims (the “Settlement Agreement”) ¶ A.5.) Plaintiff's claims are ba...

Excerpt: ...ctors Dylan Eacret, Jonathan Merrit, and Jorge Chavez (collectively, the “Proposed Intervenors”) have opposed. The Proposed Intervenors have not yet been granted leave to intervene. Their Motion to Intervene is scheduled to be heard on January 22, 2021. Thus, at this time the Proposed Intervenors have no standing to insert themselves into this litigation. The Proposed Intervenors have also failed to cite to any legal authority that would allo...