Excerpt: ...ng causes of action for unpaid wages, unpaid overtime, failure to pay a minimum wage, meal and rest break violations, waiting time penalties, wage statement penalties, unfair competition. On June 19, 2019, pursuant to the California Code Private Attorney General Act of 2004 (“PAGA”), Plaintiff provided notice to the California Labor and Workforce Development Agency of alleged labor violations committed by Defendant in the manner required by l...

Excerpt: ... shall be available, by COURTCALL, or by Zoom audio, if available (see bolded language above), to participate in oral argument on the continuance date. Defendants' Compton, Barretto, Bobbala, Heredia, Macomber, and Wangombe's ("Defendants") Demurrer to the Complaint filed by self‐represented incarcerated plaintiff is ruled on as follows Defendants' Request for Judicial Notice is granted. Plaintiff alleges a medical negligence claim under Cal. C...

Excerpt: ...FAC on September 9, 2020. Plaintiff alleges the following eight causes of action against Defendant: (1) Violation of Civil Code § 1708.7 (stalking); (2) Invasion of Privacy; (2) Violation of California Penal Code § 502 (unauthorized computer access); (4) Violation of 18 USC §1030 (knowingly accessing a computer without permission); (5) Violation of 18 USC § 2510 et seq. (electronic communication privacy act); (6) Violation of 18 USC § 875 (t...

Excerpt: ...s of receiving it. The hearing date is automatically continued one week plus one court day to February 2, 2021, for oral argument. The continuance date will be an appearance required hearing so that Plaintiff need not request oral argument. The litigation coordinator shall make Plaintiff available by CourtCall or by Zoom audio (if available) to participate in oral argument at 9:00 a.m. on the continued hearing date, which will be February 2, 2021...

Excerpt: ...irst was a petition for writ of mandate filed in 2015, which is now on appeal. It was followed by another writ petition in 2017, which is presently stayed pending the appeal of the 2015 writ petition. The present civil action was commenced on 7/22/2019 and the original complaint in this case, although difficult to comprehend, generally alleged that defendant Carreon, an employee in District's “HR” department, and co‐defendant Rittling, an a...

Excerpt: ...taff privileges at Methodist Hospital of Sacramento. Plaintiff named as defendants Dignity Health, Dignity Health Methodist Hospital of Sacramento, and Does 1 through 30. According to the FAC, plaintiff “has been a strong patient's advocate” and “in an attempt to intimidate Plaintiff and silence his patient advocacy, certain worker's compensation insurers falsely reported that Plaintiff was billing for x‐rays that had not been taken, whic...

Excerpt: ...ion arising out of Hawkins' employment as a teacher with Defendant. Hawkins is AfricanAmerican and alleges causes of action against Defendant for discrimination, harassment, and retaliation in violation of the FEHA. Plaintiff alleges the following in the Second Amended Complaint (“SAC”). On March 3, 2017, Vice Principal Kim Christierson asked Hawkins why she was requesting to cancel a meeting that Hawkins had scheduled with a classroom aide. ...

Excerpt: ...the hearing. The parties are also reminded that pursuant to local court rules, only limited oral argument is permitted on law and motion matters. *** Plaintiff's memorandum of points & authorities in opposition fails to comply with the page limitations set forth in CRC Rule 3.1113(d), and plaintiff did not comply with the requirements of Rule 3.1113(e) prior to filing the oversized opposition, but the opposition was nevertheless considered. The C...

Excerpt: ...g; third cause of action for violation of Civil Code section 2924.17; fourth cause of action for violation of Business & Professions Code section 17200, et seq; fifth cause of action for cancellation of instrument; and sixth cause of action for quiet title on the grounds that each cause of action fails to allege sufficient facts to state a cause of action against Defendants and the pleading of the cause of action is fatally uncertain. (See Code C...

Excerpt: ... putative class action plaintiff alleges his employer failed to pay all wages due as a result of utilizing a timeclock system which rounds the employees' entries to the nearest quarter‐hour for purposes of calculating their wages. The parties stipulated pursuant to Code of Civil Procedure §437c(t) to have this issue presented for summary adjudication based primarily on the following facts: Timeclock records for 171 members of the putative clas...

Excerpt: ...ect evidence is immaterial to disposition of the motion. Overview This is a real estate nondisclosure action concerning real property commonly known as 8217 Stevenson Ave., Sacramento, CA, 95825 (the “Property”), in which Plaintiff Abel Moldovan (“Plaintiff”) purchased the Property from Defendant. Co‐ defendant Mary Garcia was the Property's listing agent. Plaintiff alleges Defendant failed to disclose that the Property encroached onto ...

Excerpt: ...ants' third amended PMK notices directed to Plaintiffs. Defendants also request sanctions in the amount of $3,540. The motion is continued to February 4, 2021, as follows. Defendants allege that, to allow for adequate time following PMK depositions to coordinate and take necessary individual deposition, Defendants require an immediate court order to complete discovery in advance of the April 2021 trial date. Defendants served initial deposition n...

Excerpt: ...jury action arising out of a motor vehicle accident that occurred on November 15, 2016. Defendants served Plaintiff Thomas Lane (“Plaintiff”) with a Demand for Medical Examination on April 8, 2020 (“Demand”). The Demand, made under Code of Civil Procedure (“CCP”) section 2032.220, stated that Plaintiff would “appear for a physical examination . . . to be conducted by Gary M. Alegre, M.D., an orthopedic surgeon. . . . for the purpose...

Excerpt: ...d to notify Defendants immediately of the tentative ruling system and to be available at the hearing, via Zoom or CourtCall, in the event Defendants appear without following the procedures set forth in Local Rule 1.06(B). Plaintiff's request for judicial notice is granted. It must also be observed that “[w]hile the existence of any document in a court file may be judicially noticed, the truth of the matters asserted in those documents, includin...

Excerpt: ... Court to maintain personal jurisdiction over it. The project/work at issue was at the McCarron Airport in Las Vegas, Nevada, and all parties are subject to personal jurisdiction in the proposed alternative forum of Clark County, Nevada. Bombard's request for judicial notice is granted. This litigation was originally venued in Alameda County, California. Plaintiff Moz Designs, Inc. sued Capitol Store Fixtures and National Wood Products, Inc. only...

Excerpt: ...olation of Section 504 of the Federal Rehabilitation Act of 1973, for violation of due process under 42 USC § 1983, and for intentional and negligent infliction of emotional distress. Plaintiff alleges that he was wrongfully removed from an “International Baccalaureate” program at Laguna Creek High School (“LCHS”). LCHS is a high school within the Elk Grove Unified School District (“EGUSD”). Plaintiff also alleges that he was wrongfu...

Excerpt: ...n for Writ of Mandate is ruled upon as follows. The parties' requests for judicial notice are granted. However, the Court takes judicial notice only of the existence of the various documents, not the truth of the matter asserted in the documents. (Joslin v. H.A.S. Ins. Brokerage (1986) 184 Cal.App.3d 369, 374.) In any event the Court's ruling was not dependant on either party's request for judicial notice. The Department instituted this action by...

Excerpt: ...dants Sumit Sharma and SF Edison Partners LP (collectively “Skyview Villa”). Mr. Faisal and Plaintiff Madeem Razmal allege that Mr. Faisal encountered a group of gang members in the parking lot of the apartment complex. When Mr. Faisal verbally questioned them, Mr. Williams, who was apparently one of the gang members, fired a flare gun towards Mr. Faisal's face, striking him in the eye and causing significant injuries. Mr. Faisal alleged a si...

Excerpt: ...urram Ahmad's real property at 9459 Secretariat Lane in Elk Grove (“Property”). The underlying lawsuit involved claims against Khuttam Ahmad and his business American River RV, Inc. pursuant to an Inventory Settlement Agreement which Khurram Ahmad personally guaranteed. Plaintiff alleges that Khurram Ahmad transferred the Property to MN Real Estate, LLC which is owned by his parents Makhtar and Nazai Ahmad. Plaintiff alleges that Khurram Ahma...

Excerpt: ...ed 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 Valley Development Company, Inc. (“VDC”), Sutter Valley Development, Inc. (“SVD”) and Manjit Singh's (“Singh”) motion for summary judgment, or in the alternative, motion for summary adjudication is ruled upon as follow. As an initial matter, the...

Excerpt: ... residence located in Elk Grove on 11/20/2019. A default was subsequently entered against defendant on 2/5/2020, followed by a default judgment of just over $5,500. Defendant now moves to set aside the default and default judgment on the ground that she was never personally served with the summons & complaint and never received actual notice of this lawsuit until September 2020, when her brother received a letter addressed to defendant at an addr...

Excerpt: ...g Massachusetts as the exclusive forum. In the complaint Plaintiff alleges causes of action against moving Defendants and others (Gray Line Corporation, Inc. and Gray Line Las Cabos) for false advertising in violation of Business & Professions Code § 17500 et seq., violation of the Consumer Legal Remedies Act (“CRLA”) and for unfair completion in violation of Business & Professions Code § 17200 et seq. Plaintiff alleges that he booked a shu...

Excerpt: ...hat while he resided there, he was subjected to an infestation of bedbugs. Plaintiff alleges that he moved into the apartments in June 2015 but nearly a year later, in April 2016, he began to experience physical injury that he came to believe was caused by bedbugs. Plaintiff alleges he made three complaints to Stonegate management. On the first two occasions, “management admitted that there was a bedbug problem, but informed [plaintiff] that it...

Excerpt: ...plaint is OVERRULED. At the outset, Defendants did not file and serve with this demurrer any declaration that satisfies the requirements of Code of Civil Procedure section 430.41(a). That subdivision requires the demurring party to meet‐and‐confer "in person or by telephone" with the party filing the pleading that is the subject of the demurrer. In the interest of judicial efficiency, the Court will rule on the demurrer, but in the future suc...

Excerpt: ..."Buick"). The Buick originally belonged to Guy T. Nelson, who is now deceased (Compl. ¶¶ 8‐10.) Plaintiff Krause is an attorney who also is the executor and beneficiary of Mr. Nelson's estate. (Compl. ¶8. ) In early 2017, Mr. Nelson took the Buick to Defendant's shop for repair; Soto‐Baney accompanied him there and took him home after dropping off the vehicle. (Compl. ¶ 9.) A few days later, Mr. Nelson passed away. (Compl. ¶10.) Plaintif...

Excerpt: ...c. (“Defendant”) who worked as a security guard/security officer. On May 22, 2019, Plaintiff filed a notice with the Labor and Workforce Development Agency explaining the basis for PAGA penalties and sent the letter by certified mail to Defendant. Plaintiff then filed this action on September 6, 2019, alleging individual claims for failure to provide meal and rest breaks, failure to pay all wages owed, failure to provide accurate wage stateme...

Excerpt: ... shall be available, by COURTCALL, or by Zoom audio, if available (see bolded language above), to participate in oral argument on the continuance date. Defendants' Compton, Barretto, Bobbala, Heredia, Macomber, and Wangombe's ("Defendants") Demurrer to the Complaint filed by self‐represented incarcerated plaintiff is ruled on as follows Defendants' Request for Judicial Notice is granted. Plaintiff alleges a medical negligence claim under Cal. C...

Excerpt: ...�) is ruled upon as follows. Cross‐Defendants' request for judicial notice of the Second Amended and Restated Limited Partnership Agreement of Myers & Sons Construction, L.P. (the “Partnership Agreement”) is denied. The interpretation of contracts is generally beyond the scope of judicial notice. ( Herrera v. Deutsche Bank Nat. Trust Co. (2011) 196 Cal. App. 4th 1366, 1375.) Indeed, in ruling on a demurrer, it is error to take judicial noti...

Excerpt: ...it on November 1, 2018. On July 28, 2020, Plaintiff propounded Special Interrogatories, Set Three, to Defendant. On September 30, 2020, pursuant to agreement, Defendant provided responses and objections to these requests. At the time the responses were served, they lacked verifications. Defendant forwarded verifications of the responses on or about October 4, 2020. The Parties engaged in multiple attempts to meet and confer regarding the response...

Excerpt: ...nly two Court days prior to the hearing. This untimely filing was not considered. Plaintiffs filed this employment action on May 20, 2020, alleging 14 causes of action, including, among other things, declaratory relief, age discrimination, wrongful termination, failure to pay wages upon separation, failure to reimburse business expenses, failure to furnish compliant wage statements, and violation of Business & Professions Code § 17200 et seq. In...

Excerpt: ...uance pursuant to Code of Civil Procedure section 437c(h). Plaintiff was required to file any amended Opposition to Defendant's motion on or before December 30, 2020. Plaintiff did not file any amended Opposition. Objections Plaintiff's Objections are overruled. Defendant's Objection Nos. 17‐19 and 21‐24 are sustained. The Court does not rule on the remaining objections pursuant to Code of Civil Procedure §437c(q) since they concern evidence...

Excerpt: ... and complete responses to certain requests for production. Defendant interposed numerous objections to the requests, including objections based on relevance, burden and oppression, trade secrets and attorney‐client privilege. DISCUSSION Request Nos. 1 and 2 Request No. 1 seeks “DOCUMENTS pertaining to review by the "Escalation Team" or "HCCM National Escalations" (referenced in Defendant's document production HMA000644 HMA000645) of Plaintif...

Excerpt: ...pulation for Entry of Judgment") on the eve of trial. Section 1(b) of the Settlement Agreement defines a "Settlement Default" as "Defendant's breach or failure to fully and timely perform any term, condition, promise or obligation under this Agreement." (Taylor Decl., ¶ 9, Exh. 1 at p. 1) A "Termination Event" is defined in Section 1(e) of the Settlement Agreement as "the occurrence of a Settlement Default that is not fully cured within ten (10)...

Excerpt: ...on project. (ROA 1.) Unique is a subcontractor and/or supplier for Davis for its work on the construction of a mixed‐use apartment complex located at 1827 J Street. Davis has sued the project owner 19J via a Cross‐Complaint for contractual indemnity claims asserted against it by Unique. 19J now moves to compel arbitration of the Cross‐Complaint pursuant to the written contract between it and Davis on or about September 1, 2017. Section 13.2...

Excerpt: ...D WITHOUT LEAVE TO AMEND. Request for Judicial Notice Defendant's Request for Judicial Notice ("RJN", ROA #38) is granted. The request pertains to the insurance policy referenced in the operative complaint (FAC ¶¶ 8, 33), allegedly forming the basis of the relationship between Plaintiff and Defendant. (Evid. Code § 452(h); Ingram v. Flippo (1999) 74 Cal.App.4th 1280, 1285, n.3 (taking judicial notice of documents referenced in the complaint bu...

Excerpt: ... hand, and Plaintiffs' own uninsured motorist carrier covering the second accident. Thus plaintiffs are attempting to combine a third‐party action with an already pending uninsured motorist claim that they in fact initiated. Plaintiffs allege that Fathy Hamed was a motor vehicle driver involved in two car accidents that occurred seven months apart. They allege that he sustained bodily injuries in each accident. They allege that accident #1 invo...

Excerpt: ...intiff”) within 48 hours of receiving it. The hearing date shall automatically be continued to January 20, 2021, at 9:00 a.m. in this Department for oral argument. The continuance date is an appearance required hearing so no party needs to request oral argument. The litigation coordinator shall make Plaintiff available by CourtCall or by Zoom audio (if available) to participate in oral argument at 9:00 a.m. on the continued hearing date to part...

Excerpt: ...769 (g).) A presumption of fairness exists where: (1) the settlement is reached through arm's‐length 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 supra, § 11.41, pp. 11‐91.) On August 31, 2020 the court granted the motion for preliminary a...

Excerpt: .... In 2018 Plaintiffs purchased a home in Elk Grove that had been used to grow marijuana. Plaintiffs allege Defendants knowingly and intentionally failed to disclose and/or misrepresented information regarding the marijuana grow operations at the Subject Property prior to Plaintiffs' purchase of the residence. (FAC ¶15‐20) Plaintiffs allege that Ms. Ha, as the real estate agent who represented the seller of the property (Mrs. Li), knew the exte...

Excerpt: ... quoted as well as cited to.. In 2018 Plaintiffs purchased a home in Elk Grove that had been used to grow marijuana. Plaintiffs allege Defendants knowingly and intentionally failed to disclose and/or misrepresented information regarding the marijuana grow operations at the Subject Property prior to Plaintiffs' purchase of the residence. (FAC ¶15‐20) Plaintiffs allege that Ms. Ha, as the real estate agent who represented the seller of the prope...

Excerpt: ...re Center‐ Greenhaven from August 12, 2015 through August 30, 2015 and from September 4, 2015 through October 13, 2015. Ms. Wilkes died on October 13, 2015. Plaintiffs are decedent's Successor‐ininterest, granddaughter Katrina Randolph, and Katrina Randolph as an individual. Defendant served discovery on plaintiffs in February of 2018. After some delay due to efforts to locate heirs and mediation, defendant filed their three motions to compel...

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

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

Excerpt: ...dant. H16 Grupe Investors, LLC (“Grupe”) and H16 Local Investors, LLC each own a 50% interest in H16 Apartment Investors. Plaintiff is the managing member of H16 Local Investors, LLC which has a 25% interest in Defendant. Plaintiff alleges that pursuant to an oral agreement and an August 28, 2020 Letter of Intent (“LOI”), it had an agreement regarding the sale of interests of Defendant. The agreement was allegedly between Plaintiff, Guard...

Excerpt: ...ient date and call the clerk in Department 54 by no later than 4:00 p.m. on Monday, January 11, 2021 to notify the clerk of the new date. (See Local Rule 1.06.) ** Defendant Scott Pierce's (“Pierce”) “motion to enforce order" is ruled upon as follows. This is an action for breach of guarantee. On 1/13/2020, the court granted Plaintiff Associate Materials, LLC's (“AML”) application for writ of attachment against Pierce (“Application”...

Excerpt: ...aintiff raised no objection and was able to file a reply. At the outset, the Court notes that in connection with this motion Plaintiffs lodged numerous documents conditionally under seal and provided notice pursuant to CRC 2.551(b)(3). Here, no party filed a motion to seal the documents within ten days of being served with the notice. As a result, the documents will be placed in the public file. (CRC 2.551(b)(3)(B). Given this, the Court will ref...

Excerpt: ...d Peter Nelson alleging causes of action to determine the validity of a trust amendment and for elder abuse. Cross‐ complainant was a caregiver for Dr. Thomas Nelson and his wife Wylda Nelson. Peter Nelson was the trustee of the Thomas L. and Wylda Hammond Nelson Revocable Trust. Crosscomplaint filed her cross‐ complaint alleging numerous causes of action against Peter Nelson, in his capacity as trustee, for violations of the Labor Code. Esse...

Excerpt: ...artment 54 by no later than 4:00 p.m. on Monday, January 11, 2021 to notify the clerk of the new date. (See Local Rule 1.06.) ** Defendant San Juan Aviation's motion for sanctions pursuant to CCP section 128.7 is unopposed but is DENIED. Defendant moves for sanctions pursuant to CCP §128.7 on the grounds that “the allegations and other factual contentions in the complaint lack evidentiary support and the complaint is presented for an improper ...

Excerpt: ...for invasion of privacy, trespass, fraud, negligent misrepresentation, and unlawful business practices. Plaintiffs allege that Defendants created and deployed a fake air monitoring device affixed with a label that said “SMAQMD Air Monitoring Station,” and included the name and contact information for SCS Engineering employee Paul Schafer. Plaintiffs allege that the fake device and label were meant to deceive Plaintiffs, their employees, and t...

Excerpt: ...ows. Plaintiff's First Amended Class Action Complaint asserts two claims: (1) failure to furnish accurate itemized wage statements; and (2) violation of the Labor Code Private Attorneys General Act of 2004 (“PAGA”). This matter was previously referred to arbitration to resolve Plaintiff's individual claims. Plaintiff's individual claims have been settled and the matter is now before the Court to adjudicate Plaintiff's remaining PAGA claim, wh...