Excerpt: ... Fargo Bank (1990) 220 Cal. App. 3rd 1117, 1138.) The law favors settlement, particularly in class actions and other complex cases where substantial resources can be conserved by avoiding the time, cost, and rigors of formal litigation. (See Newberg on Class Actions 4th (4th ed. 2002) § 11.41 (and cases cited therein); Class Plaintiffs v. City of Seattle (9th Cir. 1992) 955 F.2d 1268, 1276; Van Bronkhorst v. Safeco Corp. (9th Cir. 1976) 529 F.2d...

Excerpt: ...to a demurrer no later than the date the opposition to the demurrer is due. (CCP § 472(a).) The opposition was due on August 27, 2018 and no stipulation has been presented to the Court. The Court therefore strikes the first amended complaint filed on August 31, 2018, on its own motion. The Clerk is directed to strike the first amended cross‐complaint. Defendant's request for judicial notice is granted. In this employment action Plaintiff alleg...

Excerpt: ... Kia moves to strike punitive damages and the request for Civil Penalties in connection with the Third Cause of Action. Kia argues that punitive damages are not available under the Song‐Beverly or Magnuson Moss Acts. Kia also argues that the fraud cause of 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 c...

Excerpt: ...uly 24, 2018 when her joint bank account with her spouse was levied by the plaintiff. She contends that she was never served with the Summons and Complaint. (Declaration of Rowena D. Kumar) Defendant was purportedly served by substituted service at her address, 200 Moon Cir. Unit 221, Folsom, CA, on October 2, 2016. She states that the description of the person served does not match anyone who lived in their house. The description of the person a...

Excerpt: ... documents concerning communications between Ellis Law Group, LLP and Frank Latham regarding the amount of money to be paid as attorneys' fees to Mastagni Holstedt, APC. Although entitled a “motion to compel further responses”, Mastagni is actually seeking to compel Ellis to produce certain items in its privilege log which it contends has been waived as expressed in the Court's 5/23/2018 Order. Ellis appears to have understood the motion as o...

Excerpt: ...could not with reasonable diligence have been presented to the court at or before the time of the 7/5/2018 orders denying plaintiff's motions to deem admitted and (2) even if he had, these alleged new or different facts or circumstances did not justify a different outcome on the earlier motions to deem admitted. Plaintiff appears to base the present motion for reconsideration on the fact that, despite the court's findings in the 7/5/2018 orders t...

Excerpt: ...ult of authorizing The Public Safety & Rehabilitation Act of 2016 (“Proposition 57”). Proposition 57 added Article I, section 32 to the California Constitution, providing, in relevant part, that any state prison inmate convicted of "a nonviolent felony offense" shall be eligible for parole consideration after completing the full term for the inmate's primary offense. (Cal., Const., art. I, § 32, subd. (a)(1).) Plaintiff claims th...

Excerpt: ...t examinations of Plaintiff. The parties agreed that Plaintiff would submit to two psychiatric exams and one physical exam. At issue here is the psychiatric exam by Dr. Jason Roof. Plaintiff agreed to appear on July 26, 2018 for the exam. The parties further stipulated that “[b]ecause the doctors are setting aside time for the examination and testing, they will lose valuable time that can be scheduled for others in the event Plaintiff does not ...

Excerpt: ...malpractice. The Plaintiffs are Sarah Elkington (Sarah) and Erik Elkington (Erik) (collectively “Plaintiffs”). In the FAC, Plaintiffs allege that Defendants and others failed to treat Sarah's ulcerative colitis properly and caused her to suffer serious injuries, including a miscarriage, surgeries and conditions requiring life support. Plaintiffs allege that Erik was Sarah's fiancée, registered domestic partner or husband during the relevant ...

Excerpt: ...ted. Plaintiff has filed a non‐opposition to the demurrer, and she has requested leave to amend. As this is the first challenge to the pleadings, leave to amend is granted. Plaintiff alleges causes of action for Breach of Contract, Negligence, and Intentional Tort. Plaintiff contends that defendants failed to authorize and cover certain brand name medications prescribed by her physician, as required by the Medi‐Cal health plan agreement. Plai...

Excerpt: ...t examinations of Plaintiff. The parties agreed that Plaintiff would submit to two psychiatric exams and one physical exam. At issue here is the psychiatric exam by Dr. Jason Roof. Plaintiff agreed to appear on July 26, 2018 for the exam. The parties further stipulated that “[b]ecause the doctors are setting aside time for the examination and testing, they will lose valuable time that can be scheduled for others in the event Plaintiff does not ...

Excerpt: ...ion of issues is DENIED as well. Overview In this personal injury case, Plaintiff Richard Green (Green) is suing the Club on theories of negligence and premises liability. The premises liability cause of action includes counts for negligent ownership, maintenance management and operation; willful failure to guard or warn against a dangerous condition, use, structure or activity under CC § 846; and dangerous condition of public property. Green al...

Excerpt: ... Daniel Yakushchenko. Yakushchenko's complaint against Valaga contains causes of action for general negligence and premises liability. According to Yakushchenko, he was helping Valaga carry branches on Valaga's property and suffered an eye injury. Yakushchenko has admitted smoking marijuana and drinking a beer several hours before he was injured. Valaga deposed Yakushchenko on 6/01/18. With respect to the following questions, Yakushchenko's couns...

Excerpt: ...the same no later than 4 p.m. on August 29, 2018. Plaintiff/Cross‐Defendant Rosca Enterprises, Inc.'s motion to enforce arbitration agreement and stay claims pending arbitration is denied. Defendants Tyler and Kristina Rist's request for judicial notice is granted as to the complaint and cross‐complaint. The Court denies the request to take judicial notice of an unpublished appellate court decision which may not be relied upon by Defendants. ...

Excerpt: ...m. on August 29, 2018. Self‐represented Plaintiff's motion to “set aside default and default judgment” is denied. Defendants' request for judicial notice is granted. Pursuant to CCP § 473(b), Plaintiff moves to set aside the Court's order granting Defendants Patrick and Nancy DeAlva's anti‐SLAPP motion on July 18, 2018. The formal order was entered on August 3, 2018. A brief procedural history is necessary. Initially, Defendants' anti‐...

Excerpt: ...s granted, it will assign counsel to Defendant Golden Eagle Logistics, Inc. (Golden Eagle), whether or not under a reservation of rights. Progressive appears to have had enough time to determine whether it must defend Golden Eagle and on what terms. * * * * * Progressive's motion for relief from default and default judgment is GRANTED. Overview This case involves allegations that cargo was damaged in transit. The plaintiff and judgment credit...

Excerpt: ...August 29, 2018. Defendant Volt Management Corp.'s demurrer to Plaintiff Maria Barraza's second amended complaint (“SAC”) is overruled in part and sustained without leave 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 pro...

Excerpt: ... New Penn Financial, LLC dba Shellpoint Mortgage Servicing's (“Shellpoint”) demurrer to Plaintiffs Nikolay and Tatyana Martynov's complaint is ruled upon as follows. Shellpoint's 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) 44 Cal.App.2d 61, 68 [recorded land documents, not contracts, are the s...

Excerpt: ...han 4 p.m. on August 29, 2018. Defendant Sunrise Recreation and Park District's (“District”) demurrer to Plaintiff Beverly Becker's first amended complaint is ruled upon as follows. This matter was continued from July 24, 2018 to allow the District to comply with CCP § 430.41. It has now done so. District's request for judicial notice is granted. In this action Plaintiff alleges two causes of action against the District for Dangerous Conditi...

Excerpt: ... 2018. Defendant's unopposed demurrer to self‐represented Plaintiff Stephanie Mammen's second amended complaint (“SAC”) is ruled upon as follows. This matter was originally set for July 27, 2018. The 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 leav...

Excerpt: .... Defendants Select Portfolio Servicing, Inc.'s (“SPS”) et al.'s demurrer to Plaintiff Cherrone Peterson's complaint is sustained without leave to amend. This matter was continued from July 24, 2018 to allow Defendants to comply with CCP § 430.41. They have now done so. 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....

Excerpt: ...er than 4 p.m. on August 29, 2018. Defendants The Regents of The University of California (“UC”), Gregory Sokolov, M.D. and Andrea Javist's motion for summary judgment, or in the alternative, summary 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 t...

Excerpt: ...ttorney's fees and cost incurred in bringing the special motion to strike as to the fraud and IIED claims only. Defendants seek an award of $26,610 in attorney's fees and $1,250 in costs incurred in preparing the underlying anti‐SLAPP motion (only as to the two causes of action upon which they succeeded) and this instant motion for fees and costs. A prevailing defendant on an anti‐SLAPP motion is entitled to recover his or her attorneys' fees...

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...

Excerpt: ... point to specific evidence which is claimed to show the existence or non‐existence of a triable issue of material fact. *** Defendant Martin Energy Group Services, LLC's (“MEGS”) motion for summary judgment, or in the alternative, summary adjudication is ruled upon as follows. Overview This action arises from the construction of an electrical power and cogeneration facility for plaintiff Elk Grove Milling, Inc. (“Elk Grove”). Elk Grove...

Excerpt: ...vehicle accident which resulted in the death of two people, Jason Christopher Keating and Judy Ann Townsend. The latter's adult children and heirs commenced on 5/1/2017 this wrongful death action against the “Estate of Jason Christopher Keating” and the employer of Mr. Keating, PDQ Automatic Transmission Parts, Inc. Plaintiffs filed on 7/27/2017 a proof of service indicating that the “Estate of Jason Christopher Keating” was served by del...

Excerpt: ...aintiff's own counsel, who was to start a trial on the date the deposition was to proceed. Plaintiff's counsel apparently did not notify crossdefendant's counsel of the cancellation. This court finds that before beginning the drive from Loomis to Pleasant Hill, counsel for cross‐defendant should himself have contacted counsel for either defendant or plaintiff to confirm whether plaintiff's deposition was still proceeding as sche...

Excerpt: ...sed, taken as a concession to the merits (D.I. Chadbourne, Inc. v. Superior Court (1964) 60 Cal.2d 723, 728, fn. 4 [where nonmoving party fails to oppose a ground for a motion “it is assumed that [nonmoving party] concedes” that ground].), and is sustained without leave to amend for failure to state facts sufficient to constitute a cause of action. On April 19, 2018 the court sustained the demurrer of defendant Anne Marie Schubert's, with...

Excerpt: ...s. Moving counsel failed to comply with CRC Rule 3.1110(b)(3)‐(4). The Court notes that defendant in pro per Lulka filed no opposition to the present motion, which is construed as a concession of its merits. Coupled with the fact that the court on 6/14/2018 deemed admitted those matters specified in plaintiff's requests for admissions, this court concludes that the striking of defendant Lulka's answer to complaint will not under the circumstanc...

Excerpt: ...ulton Avenue Used Car location for approximately 6 months starting on January 19, 2016. She initially sought a two week leave of absence starting July 1, 2016 to recover from major knee surgery. On July 8, 2016, Plaintiff sent Hertz an email requesting an extension of the leave of absence until October 1, 2016, or "until further notice." Defendant told her that they could not hold her position open for three months, and Plaintiff was term...

Excerpt: ...nty Superior Court Case No. 2015‐183885 (the "Underlying Action"). In the Underlying Action, multiple homeowners are proceeding against Plaintiff, the developer/general contractor on the project. In the instant case, Plaintiff alleges the homeowners' claims are predicated on defects for which various subcontractors are responsible. Plaintiff further alleges that it is an additional insured under its subcontractors' general liabi...

Excerpt: ...ut of the case in April 2018 and plaintiff is now self‐represented. Defendant Select Portfolio Servicing, Inc. ("SPS") is the loan servicer. On December 18, 2017, a Notice of Default ("NOD") was recorded. (FAC, Exhibit S.) A balance of $117,579.25 is owed on the loan. Plaintiff alleges that moving party interfered with her efforts to get relief from the "Keep Your Home California" ("KYHC") principal forgiveness p...

Excerpt: ...ice 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) 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...

Excerpt: ...r cross‐complaint, Grigsby alleges that they entered into independent contractor agreements with cross‐defendants Alfiya Laub ("Laub") and Adelia A. Bogdanova ("Bogdanova"). The agreements included a non‐solicitation agreement in the event the agreements were terminated. The agreements also included confidentiality clauses. Grigsby alleges that Laub and Bogdanova terminated the agreements and began working for Di Paolo. Grig...

Excerpt: ... suffered gender discrimination, harassment and retaliation stemming from her perceived entitlement to a promotion to an Attorney IV position. She further alleges whistleblower retaliation and fraud against CDE and her coworker/ supervisor Defendants. Defendants contend this action will require extensive document productions, which will include confidential and privileged information relating to the allegations within Plaintiff's First Amende...

Excerpt: ... 4:00 p.m on August 24, 2018, to notify the clerk of the new date. The clerk is instructed to forthwith fax this tentative ruling to the litigation coordinator. The litigation coordinator for Plaintiff Crosby shall arrange for a court call for the required appearance on August 27, 2018. Mr. Crosby shall be available by COURTCALL, to participate in oral arguments. Defendants Yulanda Mynhier and R. Steven Tharratt's (collectively, “Defendants”)...

Excerpt: ... was Lagoe's employer's workers' compensation insurance carrier and provided benefits to Lagoe after the accident. In 2008, Lagoe underwent hip‐replacement surgery related to the accident. He subsequently sued nonparties for damages arising from the hip replacement (the “Lawsuit”). At that point, AAIC's claims administrator filed a notice and application for lien. Tristar acquired the claims administrator in 2012. In 2017, Lagoe settled the...

Excerpt: ...icial 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) 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 disp...

Excerpt: ...strict (District) would be require to produce to testify on these categories. Although counsel are required to appear at the hearing (either in person or by telephone), if either side wishes to argue matters other than those identified in the preceding paragraph, (s)he shall request such additional oral argument pursuant to Local Rule 1.06 and inform the court and opposing counsel of the specific issue(s) on which oral argument is sought. * * * *...

Excerpt: ...ch denied Petitioner's motion for relief from Government Code section 945.4 on the ground that Petitioner's purported mistake of law or neglect was insufficient to support the claim for relief. Petitioner now moves for reconsideration of that Order on the grounds that she “has facts with evidence that [she] would like to present.” (Motion at 2:8‐9.) Petitioner then asserts she had started and continued filing complaints with the Departm...

Excerpt: ...or summary adjudication, the court need rule only on those objections to evidence that it deems material to its disposition of the motion.]) The Court notes that only URC's one objection to evidence, filed separately with its reply, complies with Cal. Rules of Court Rule 3.1354(b). The Court declines to rule on the remaining objections by URC due to their lack of compliance with the rule of court. This is a negligence and dangerous condition ...

Excerpt: ...y have now done so. In this action, Plaintiffs allege four causes of action for breach of written contract, conversion, negligence/negligent misrepresentation, and “emotional distress.” The case involves a dispute regarding the rental of a storage unit. The Court previously sustained Defendants' demurrer to the original complaint on February 14, 2018 and the first amended complaint on April 20, 2018. (ROA 24, 45) As was the case with the prev...

Excerpt: ...or judgment on the pleadings as to the complaint of plaintiffs in pro per Singh is GRANTED but with leave to amend, as follows. Factual Background According to the complaint, plaintiffs in pro per were unable to qualify for a home loan due to their low credit scores and therefore asked for help from “their beloved nephew,” defendant Kumar. Defendant agreed to help, obtaining in 2014 a loan to purchase property in Galt which plaintiffs would u...

Excerpt: ...ed and Plaintiff has withdrawn Dr. Hwang as a non‐retained expert. Both parties designated Dr. Hwang as a treating non‐ retained expert in June of 2018. (Simerly Decl., Exhs. B, C.) On June 29, 2018, Defendant noticed Dr. Hwang's deposition for July 9, 2018, the last date to complete non‐expert discovery. (Simerly Decl., Exh. D.) Dr. Hwang's office then informed Defendant that Dr. Hwang was not available on July 9, but would be available on...

Excerpt: ...he exhibit, title, page, and line numbers.” (Underline added for emphasis.) Moving counsel failed to comply with CRC Rule 3.1350(g), requiring a single volume of evidence (including all declarations) with a table of contents when evidence exceeds 25 pages. Moving counsel failed to comply with CRC Rule 3.1110(b)(3)‐ (4). This action arises out of the shooting of plaintiff's son during a 2015 confrontation with police. Plaintiff alleges causes ...

Excerpt: ...��beam guard rails on various sections of roadway. Plaintiff filed its form complaint on August 11, 2016, alleging two causes of action for breach of contract and two causes of action for common counts. Plaintiff alleges Defendant failed to make payment to it within 30 days of its final invoices for the two jobs, job numbers 06‐0H2504 (“Contract 1”) and 07 ‐266404 (“Contract 2”). Defendant moves for summary judgment on the ground that...

Excerpt: ...‐and‐hour misclassification action, Plaintiff, a licensed dentist, alleges he was improperly classified as an exempt employee. Plaintiff alleges causes of action for failure to pay overtime, failure to pay piece‐rate wages, failure to pay all wages upon termination, failure to provide meal and rest periods, violation of Business & Professions Code section 17200 et seq., conversion, and declaratory relief. Plaintiff now moves to compel furth...

Excerpt: ...ering, cooling system and brakes, Plaintiff seeks to compel Defendant to provide full and complete responses to certain requests for production (set one). Requests nos. 11, 23 ‐27, 32‐35, 40‐43, 48‐51, 64, 73, 82, and 91 relate to Defendant's investigations and analysis regarding the defects. Requests 10, 14, 15, 101‐106, and 119 relate to Defendant's warranty and repurchase policies. Defendant interposed numerous objections to the requ...

Excerpt: ...ts including open book and account stated. This matter was originally set for trial on July 6, 2018. On June 12, 2018, Judge De Alba granted Wells Fargo's Ex Parte Application to Continue Trial, and set August 24, 2019 as the new trial date. (Register of Actions (“ROA”) No. 17, 24‐25.) Defendant Maria Mejia (“Defendant” or “Mejia”) filed an Answer styled as a “General Denial” on May 17, 2017. On January 17, 2018, the Court grant...

Excerpt: ...��The pecuniary value of the decedent's society, comfort and protection is recoverable, but mental and emotional distress, including grief and sorrow, are not”].) The motion of Defendants Sy Arden Way, LLC; Syufy Enterprises; SyWest Development LLC; SyWest Holdings, LLC; and Arden Way Hospitality LLC dba Motel 6 Expo Sacramento (sued as Arden Way Hospitality SPE, LLC and Motel 6‐CAL EXPO #4430) (collectively “Defendants”) to enforce s...

Excerpt: ...e), as well as common counts for account stated and book account. ( See generally, Complaint (Register of Actions (“ROA”) 1.) The allegedly‐breached Promissory Note is attached as Exhibit A to the Complaint. The Promissory Note is dated September 5, 2012, and reflects in part that for “value received,” Plaintiff loaned Defendants a lump sum of $145,000.00, to be “repaid in 144 consecutive monthly installments of interest only on the f...

Excerpt: ...a Rockholt's (“Plaintiff”) Second Amended Complaint (“SAC”) is OVERRULED. This is an employment dispute wherein Plaintiff alleges wrongful termination in violation of public policy, wage and hour claims, unfair competition, and negligent supervision. The SAC includes an Eleventh Cause of Action seeking remedies under the Private Attorney General Act [PAGA]. (SAC at 27‐29.) Plaintiff alleges that she worked for Defendants between March 2...

Excerpt: ...D. CSG's Request for Judicial Notice (“RJN”), which attaches prior court filings in this action (Exhs. A‐C), is unopposed and is GRANTED. Code of Civil Procedure §§ 1209 et seq. provides this Court with the power to punish acts which are in “disobedience of any lawful . . . order of the court.” (Code Civ. Proc. § 1209(a)(5); see also Pacific Telephone and Telegraph Co. vs. Sup. Ct. (1968) 265 Cal.App.2d 370 (section 1209 contempt pro...

Excerpt: ...ong others, a cause of action for failure to pay overtime wages. It also contains a PAGA claim for civil penalties. The document requests currently at issue read: REQUEST FOR PRODUCTION NO. 1: Please produce, in electronic, Microsoft Excel spreadsheet format, all payroll records for the CLASS MEMBERS during the RELEVANT TIME PERIOD with anonymous numerical identifiers to protect privacy interests and the redaction of all personal information incl...

Excerpt: ...urants throughout Northern California, from October 2016 through August 2017 as a non‐exempt employee. Plaintiff filed his action on November 20, 2017, alleging a single claim under the California Labor Code Private Attorneys General Act of 2004 (“PAGA”). Plaintiff asserts claims for failure to provide legally complaint meal and rest periods, failure to issue complete wage statements, failure to pay all wages due and owing upon separation o...

Excerpt: ...n accordance with Code of Civil Procedure §1290.6 [response to petition to compel arbitration due within 10 days after service of petition] but was nevertheless considered. Although Code of Civil Procedure §1290 et seq. does not expressly permit “reply” briefs such as the one filed by OGS, it was considered. Factual Background This putative class action was filed on 4/17/2018 by plaintiff Wilson, alleging a variety of violations of the Labo...

Excerpt: ...ion Code §§ 18670 and 18674 regarding Real Party In Interest Malcolm McKinney's outstanding tax liability in the amount of $837.77. On June 21, 2018, the District Attorney deposited the sum of $24,026.58 with this Court in response to the Franchise Tax Board's order to withhold. The Court clerk is instructed to disburse $837.77 of the amount deposited with the Court to the State of California Franchise Tax Board. The Court clerk is instructed t...

Excerpt: ...de of Civil Procedure §2033.220. (Code Civ. Proc. §2033.280(c).) (Although the opposition indicates defendant's responses to the requests for admissions "are being filed [sic] concurrently with this Opposition," none appear in the court's file and none are attached to the opposition.) The opposition to this motion was not timely filed but it was nevertheless considered. Plaintiffs' electronic service of the moving papers on ...

Excerpt: ... Plaintiff served the subject discovery on Defendant on February 9, 2018. After receiving a 30 day extension of time to respond, Defendant provided unverified responses on April 16, 2018. “Unsworn responses are tantamount to no responses at all." (Appleton v. Superior Court (1988) 206 Cal.App.3d 632, 636.) Plaintiff requested verifications from Defendant on April 25, 2018, and again on July 10, 2018. At the time this motion was filed, Plain...

Excerpt: ...ion for negligence, breach of implied warranty of habitability, negligent maintenance of premises, maintenance of a nuisances, and wrongful eviction, all relating to a substandard four‐plex residential rental unit. Plaintiffs mail‐served each defendant with their first set of written discovery on March 14, 2018. Defendants served response on April 17, 2018, which consisted of objections in response to each discovery request. During the meet a...

Excerpt: ...Sacramento, California (the “Jefferson Property"). Plaintiff filed his complaint for “preliminary and permanent injunctions, and for damages” on June 7, 2018. Plaintiff alleges Defendants failed to pay him for the services he rendered in connection with the Jefferson Property. Defendants now move to compel arbitration pursuant to the terms of a General Partnership Agreement entered into by and between Plaintiff, Defendants, and two othe...

Excerpt: ...��(4). The declaration in opposition was not signed under penalty of perjury under the laws of the State of California, as required by Code of Civil Procedure §2015.5. The proof of service for the opposition papers fail to state the "exact title" of each document being served. Although defendant contends that plaintiffs failed to provide discovery responses pursuant to defendant's earlier motion to compel, it appears that plaintiffs did ...

Excerpt: ...mmary judgment or summary adjudication may demonstrate that the plaintiff's cause of action has no merit by showing that (1) one or more elements of the cause of action cannot be established, or (2) there is a complete defense to that cause of action. (Code Civ. Proc. § 437c(f)(2), (p)(2); Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 843, 849.) This showing must be supported by evidence, such as affidavits, declarations, admissio...

Excerpt: ...ntract, breach of fiduciary duty, elder financial abuse, and common counts. On December 7, 2016, Vorobets filed a Cross‐ Complaint against Espiritu, alleging two causes of action for (1) breach of contract, and (2) common counts. On January 23, 2018, Espiritu voluntarily dismissed his Complaint without prejudice in its entirety. After some further motion practice related to the dismissal, Espiritu ultimately filed his complaint as a separate ac...

Excerpt: ... “admits that all of the statements of the complaint [] are true,” except defendant states, “I had tried settling multiple times with loan me company.” (ROA 10.) Defendant's answer does not assert any affirmative defenses. On April 9, 2018, plaintiff filed a motion for judgment on the pleadings, arguing that the answer fails to set forth any facts that constitute a defense to the complaint. On May 8, 2018, the Court granted the motion wit...

Excerpt: ...ourt Fees" limited resources, unable to pay." This is an action for money damages arising from a credit card account. The complaint has common count causes of action including open book account, account stated, money lent by plaintiff to defendant at defendant's request, for money paid, laid out, and expended to or for defendant at defendant's special instance and request, and unjust enrichment. Defendant does not deny any allegat...

Excerpt: ...tion. Defendants' Request for Judicial Notice is granted. The instant motion seeks an award of the City's attorney's fees incurred on the most recent appeal. The Remittitur to the Trial Court Clerk issued on May 29, 2018. This motion for contractual attorney's fees is timely under California Rules of Court, rule 3.1702(c)(1), which provides that a motion to claim contractual attorney fees on appeal must be served and filed within ...

Excerpt: ...��DOT”) for the real property located at 6008 Westbrook Drive, Citrus Heights, CA. (RJN Ex. 1.) Wells Fargo is the Loan servicer. (Compl. ¶3.) Plaintiffs defaulted on their Loan, and on October 18, 2016, Wells Fargo offered Plaintiffs a trial payment plan (“TPP”) for a modification of their Loan, which required three payments of $712.45. (Compl. ¶5, Ex. 1.) Plaintiffs allege that the TPP required Wells Fargo to establish an escrow account...

Excerpt: ... to state facts sufficient to constitute a cause of action. On April 19, 2018 the court sustained the demurrer of defendant Anne Marie Schubert's, without leave to amend, to the complaint filed by self‐represented plaintiff Dwyane Burgess. The complaint commences with the following recitation: "Now Comes Aggrieved party (U.C.C. §1‐201(2)) Dwayne Lamont Burgess (hereinafter Aggrieved party), Sui Juris, Secured Party (U.C.C. §9‐105)...

Excerpt: ... Hawkins in exchange for $100,000 per year payable monthly. Defendant Vrame is the Managing Member of Defendant Conservation Resources, LLC. Plaintiff alleges a breach of contract and fraud claim. Plaintiff alleges that in January of 2012, he was hired by defendant Vrame as a consultant with CRLLC, earning $100,000 per year. In exchange for the payment of $ 100,000 per year, plaintiff was to provide consulting services on various projects under t...

Excerpt: ... that Defendant failed to fix the Engine Defects within a reasonable number of attempts or replace the Vehicle. Plaintiff alleges that Defendant's failures to comply with its obligations under the Song‐Beverly Act were willful, and that she is entitled to civil penalties. On December 28, 2017, Plaintiff served Defendant with RFP's (Set 1) and a meet‐andconfer letter regarding Electronically Stored Information (“ESI”). (Gi Decl. Exs. 5, 7....

Excerpt: ...f seeks damages for (1) past and future physical and mental suffering, (2) loss of enjoyment of life, (3) physical impairment, (4) inconvenience, (5) anxiety, and (6) emotional distress. (Compl. ¶8.) Plaintiff claims injury to various parts of her body, as well as memory loss, confusion, anxiety, irritability, inability to concentrate, insomnia, fatigue, sensitivity to light and noise, forgetfulness, mental fogginess, decreased cognitive ability...

Excerpt: ...ments filed by respondents are therefore not being considered. Moreover, there is no legal basis set forth in the documents that would constitute a valid opposition to the petition. Therefore, the Petition is granted. Petitioner has filed a petition for Order Striking and Releasing Lien or Other Encumbrance on Property of Public Officer or Employee pursuant to CCP §§765.010‐ 765.060. CCP 765.010 provides in pertinent part: (b) A person shall ...

Excerpt: ...ive for certain banned substances after taking a dietary supplement called Dexaprine XR. Defendants' motion for summary judgment is DENIED; their alternative motion for summary adjudication is GRANTED in part, and DENIED in part, as follows. Request for Judicial Notice Defendants' request for judicial notice is unopposed and granted. Plaintiff asks the Court to take judicial notice of three documents: (1) a criminal indictment, (2) a verified com...

Excerpt: ...late‐ served opposition. The County's request for an order compelling Guthrey to resume her oral deposition and for a monetary sanction against her and her counsel is GRANTED. The County has been seeking the documents at issue since September 2017. It was forced to move for initial responses and then for further responses. Guthrey still did not produce the subject documents and instead indicated there were none to produce. The County sought the...

Excerpt: ...nt against Cross‐Complainants for breach of equipment finance agreement and breach of guaranty in connection with the sale of a 2005 Peterbilt truck to Maynard Frantz, LLC (“Frantz LLC”). Ascentium and Frantz, LLC allegedly entered into an Equipment Finance Agreement (“EFA”) which Maynard Frantz allegedly personally guaranteed. Cross‐Complainants then filed a crosscomplaint alleging causes of action for breach of contract, common coun...

Excerpt: ...nk (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 by the...

Excerpt: ...ion is denied as to the First, Third and Fourth Causes of Action, and is granted as to the Second, as set forth below. Defendant's evidentiary objections are ruled upon as follows: Sustained ‐ 3, 4, 8, 10, 29, and 37; Overruled ‐ 1, 2, 5, 6, 7, 9, 11‐28, 30‐36. This action primarily stems from Plaintiff's disabilities related to his back, and the ongoing employment relationship between Plaintiff and Defendant as they both addressed Plaint...

Excerpt: ...Unsworn responses are tantamount to no responses at all.” (Appleton v. Superior Court (1988) 206 Cal.App.3d 632, 635‐636.) Defendant seeks an order compelling verified responses. Plaintiff's opposition indicates that his counsel had been attempting to obtain the verifications from Plaintiff who has been incarcerated and cannot read. Plaintiff indicates that the motion was filed during a time when Plaintiff's counsel had indicated he was unava...

Excerpt: ...(d) and the records provide background regarding this lawsuit. This case arises from a motor vehicle accident involving self‐ represented Plaintiff Anna Tagintseva and Defendant Nataliya Basarab. Ms. Basarab was driving Defendant Pughsley's vehicle at the time. Plaintiff initially filed the action in this Court's small claims division but then dismissed the matter without prejudice. As seen from the complaint, she then filed the action in Yolo ...

Excerpt: ...otion for preliminary injunction on March 17, 2015 restraining Defendants from transferring title to the vehicles pending trial. Since that time, however, the Court has granted both Defendants' motions for terminating sanctions against Plaintiff. (ROA 199, 200.) Further, Defendant Yevgeniy Perehon's motion that requests for admission be deemed admitted against Plaintiff was granted on September 27, 2017 pursuant to which Plaintiff was deemed to a...

Excerpt: ...of a self‐storage unit at Defendant's storage facility. Plaintiff alleges Defendant is liable for negligence and breach of contract in connection with the theft of personal property from his unit. Plaintiff filed his complaint on April 13, 2018, alleging damages in excess of $25,000. Defendant now moves to compel arbitration pursuant to the terms of the parties' Rental Agreement and stay this action pending arbitration. “Under both federal an...

Excerpt: ... schedule to begin on February 27, 2018. The parties then stipulated to continue the trial, and on February 7, 2018, the Court continued the trial date to June 26, 2018. On June 15, 2018, Plaintiff substituted his former counsel, Mr. Patrick, for his current counsel, Christopher J. Fry. Four days later, on June 19, 2018, Mr. Fry filed an ex parte application in Department 47 before Judge De Alba to continue trial and related dates. On June 20, 20...

Excerpt: ...t for judicial notice is granted. Factual and Procedural Background This action arises out of the plans of CDE4 and its members, Plaintiff and CH4 Power, to plan, develop, permit, and profit from a biogas project in Fresno County. Specifically, CDE4 was going to build an anaerobic digester for California dairy farmers. In 2016, CH4 sought investors to partner with to build and maintain the anaerobic digesters. In exchange, among other things, inv...

Excerpt: ...une 21, 2017, he transported an elderly female patient to the medical clinic of Dr. Ghoshal. (TAC, para. 5.) Plaintiff filled out the intake forms provided to the patient, on the patient's behalf, and presented Dr. Ghoshal's receptionist with the patient's MediCal card. Plaintiff did not have the patient's Health Management Organization ("HMO") card with him at that time. (TAC, para. 6‐7.) Plaintiff alleged the receptionist ...

Excerpt: ...The Court notes Defendant, as a self‐represented party, is to be treated like any other party and is entitled to the same, but no greater consideration than other litigants and attorneys. (Williams v. Pacific Mutual Life Ins. Co. (1986) 186 Cal. App. 3d 941, 944.) Defendant has failed to obey this Court's December 7, 2017, Orders compelling him to serve verified responses, without objections, to Plaintiff's first set of form interrogatories, sp...

Excerpt: ... they concern evidence deemed immaterial to decision on the motion. (Code Civ. Proc., § 437c, subd. (q).) This is an action for medical negligence and lack of informed consent. Plaintiff Kimberlie Popovich (“Plaintiff”) filed her form Complaint on December 29, 2016, against Regents of the University of California and individual defendants Ethan Ehrlich, Herman DeVera, M.D., and Danny Cheng, M.D. On May 30, 2016, Plaintiff dismissed this acti...

Excerpt: ...nc.'s request for judicial notice of the Cross‐Complaint is granted. Factual and Procedural Background This action arises out of the death of Chris Yuan (the “Decedent”) after an exterior staircase collapsed on July 3, 2015, at the Legends of Willow Creek, a multi‐building apartment complex in Folsom, California (the "Apartment Complex" and/or the "Property"). Plaintiffs comprise the Decedent's parents, who are pursuin...

Excerpt: ...ication for preliminary injunction prohibiting the foreclosure sale of their property is DENIED because they have failed to establish they have reasonable probability of prevailing on any of the causes of action alleged in their complaint. Defendant's counsel failed to comply with CRC Rule 3.1110(b)(3)‐(4). Factual Background This wrongful foreclosure case was commenced on 7/11/2018. Plaintiffs allege in their recently‐filed complaint violati...

Excerpt: ...tablished by a preponderance of the evidence his claim to the real property by way of adverse possession. Specifically, Vaidm did not provide admissible evidence that he had color of title, that his possession was open and notorious, or that it was adverse and hostile to the true owner. The Court also held Vadim's claim to the real property based on the alleged oral contract between himself and his father (Vasiliy) is unenforceable against Elena ...

Excerpt: ...der. Defendants' request for judicial notice of the Court's prior Minute Orders is granted. Factual and Procedural Background As the facts of this case are well known to the Court, they receive summary recitation here. Plaintiff Garvey Equipment Company (“Plaintiff”) and RKU each submitted bids on two separate tree chipper contracts in response to the following California Department of General Services' (“DGS”) invitation for bids: IFB 62...

Excerpt: ...cts within the judicially noticed documents except to the extent such facts are beyond reasonable dispute. (See Poseidon Devel. 152 Cal.App.4th at 1117‐ 18; see also Fontenot v. Wells Fargo Bank, N.A. (2011) 198 Cal.App.4th 256, 265 ("[A] court may take judicial notice of the fact of a document's recordation, the date the document was recorded and executed, the parties to the transaction reflected in the recorded document, and the docum...

Excerpt: ...ing, the Court asked the parties to discuss the subpoena issue. Thereafter, the parties agreed to limit the subpoenas to the body parts at issue in the action (Plaintiff's spine, neck, back, shoulders, lower extremity symptoms and sciatica). CSAA then reissued the subpoenas to Sutter Physicians Services and Sutter Medical Foundation seeking Plaintiff's medical records regarding the body parts at issue. The subpoenas do not contain any applicable ...

Excerpt: ...e of action, and the original complaint ceases to have any effect either as a pleading or as a basis for judgment. Because there is but one complaint in a civil action, the filing of an amended complaint moots a motion directed to a prior complaint. Once an amended complaint is filed, it is error to determine a cause of action contained in a previous complaint. (State Compensation Ins. Fund v. Superior Court, (2010) 184 Cal.App.4th 1124, 1129‐1...

Excerpt: ...issal of the Third Amended Complaint on January 23, 2018 (ROA 527). On April 5, 2018, in Department 54, Judge Rodda denied the motion to vacate the voluntary dismissal in that case, finding that the "attorney neglect" upon which the motion was based did not fall under the mandatory fault provisions of CCP 473. After Plaintiff's motion to vacate his voluntary dismissal [which was filed without prejudice] was denied, he filed this case,...

Excerpt: ...n law and motion matters. *** Plaintiff's motion to compel the deposition of defendant's Person(s) Most Qualified (“PMQ”) and production of documents is ruled on as follows. Defendant's counsel failed to comply with CRC Rule 3.1110(b)(4). Factual Background This is a lemon law case relating to a 2014 Jeep Grand Cherokee purchased in Texas. The complaint asserts causes of action under California's Song‐Beverly Consumer Warranty Act and the f...

Excerpt: ...orrect address for Dept. 53/54. If moving counsel is unable to contact opposing counsel prior to hearing, moving counsel is ordered to appear at the hearing in person or by telephone. Defendant moves for dismissal on the ground that plaintiff has not served moving defendant with the summons and complaint for over three years, with the original complaint being filed on 8/25/2014. The Court notes that plaintiff filed no opposition, which is constru...

Excerpt: ...intiff Matin and defendant Lundgren. According to the complaint, defendant Lundgren owned and operated as sole proprietorship a business known as “Mr. Motorhome” through early 2011, when he met plaintiff Matin and allegedly urged her to quit her salaried job to become co‐owner/co‐manager of the Mr. Motorhome business in Elk Grove. Plaintiff states she relied on defendant Lundgren's representations and in late 2012 began working at the Mr....

Excerpt: ... hotel located at 1209 L Street in Sacramento. On August 6, 2014, plaintiffs got stuck in the hotel's elevator. On June 21, 2016, plaintiffs filed their complaint against Hyatt alleging negligence against Hyatt and negligence‐manufacturing, design, and/or warning defect and negligent manufacturing, design, inspection, testing, instructing, repair, and/or warning against Otis. Otis performed elevator inspection, service, maintenance, and repair ...

Excerpt: ...Plaintiff and Defendant, acting as an employee at the time of defendant La Tapatia Tortilleria, Inc.. Plaintiff served Defendant with its first set of document requests on January 25, 2018. Defendant served responses on May 2, 2018. After meet and confer efforts failed, Plaintiff now moves to compel a further response to Request for Production Number 6, which seeks “Any and all Document(s) in your possession, custody, or control that contain wi...