Excerpt: ...ion matters. *** Defendant Nga Gomez‐Chan's demurrer to Plaintiff California Department of Educations' second amended complaint (“SAC”) is ruled upon as follows. Overview This is an action by Plaintiff to recover roughly $3 Million in public funds which were advanced to various defendants, consisting of private entities and their principal owners/officers, to pay for defendants' provision of subsidized services for child development pro...

Excerpt: ...ion, 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, 1129‐1131. Th...

Excerpt: ... not consider the opposition since it was filed after the tentative ruling was prepared. This action arises from a levy on a bank account pursuant to a writ of execution in the underlying case of Northern California Collection Service, Inc. v. Theodoros Avdalas, et al., case number 34‐2014‐00164759. In the underlying action, judgment was entered for NCCS. NCCS then levied Plaintiff's bank account to satisfy the judgment. NCCS then filed an ac...

Excerpt: ... entitled to fees and costs under CCP § 1032 and Civil Code § 1717 as the prevailing party on the contract (Deed of Trust and Note). Here, there is no question that for purposes of CCP § 1032, Defendant is the prevailing party. CCP § 1032(a)(4) defines a prevailing party as a defendant in whose favor a dismissal was entered. Plaintiff dismissed this action against Defendant on April 23, 2018. Defendant is therefore entitled to costs as a matt...

Excerpt: ...iness locations in South Sacramento and Elk Grove. (Compl. ¶¶ 12, 13.) In exchange for business equipment, inventory, right to use Plaintiff's trade name and registered mark, and the business' goodwill, Pokeface agreed to pay $225,000 to Plaintiff. (Compl. ¶ 13.) Pokeface also agreed to assume responsibility for the leases at each business location. (Compl. ¶ 20.) Pokeface paid a total of $160,000 toward the purchase price and Plaintiff agree...

Excerpt: ...ies had an implied agreement for a joint venture pursuant to which Defendant asked Plaintiff if Plaintiff wanted to purchase and share a home with Defendant. Plaintiff alleged that they agreed to share expenses and invest in a home. Plaintiff alleges that Defendant obtained financing and promised to add Plaintiff to title. (SAC ¶¶ 2‐4.) Plaintiff alleged that they borrowed the $5000 for the home they purchased in April 2009 from Defendant's m...

Excerpt: ...Defendants who were in his supervisory chain of command created false probationary reports indicating termination was imminent in retaliation for his raising concerns that he was given unnecessary work and being unnecessarily micromanaged and that taxpayer dollars were being wasted. He also claims that he raised numerous litigation strategy questions and raised issues regarding unethical, improper and unlawful conduct. He alleges that he was esse...

Excerpt: ...alties. Plaintiff's cause of action for wrongful termination in violation of public policy was dismissed after the District's demurrer. Plaintiff alleges that she was retaliated against after making complaints regarding health and safety problems in the preschool classroom where she worked as a teacher's assistant. In evaluating a motion for summary judgment or summary adjudication the court engages in a three step process. The Court first identi...

Excerpt: ... Ben Magur (Magur) (collectively “Plaintiffs”). According to Plaintiffs, Rebossio suffered scarring and other injuries to her face and back when she received laser treatment. Plaintiffs allege that Defendants “negligently treated, cared for, diagnosed, obtained informed consent, failed to obtain informed consent, prescribed and or failed to prescribe and/or monitor proper medication and/or treatment, advised, examined, made and/or failed to...

Excerpt: ...y with CRC Rule 3.1110(b)(3)‐(4). The court notes that defendant filed no opposition to the present motion but her counsel filed a declaration which requests additional time to contact his client before granting this motion. However, as defendant was previously ordered to comply with the discovery requests no later than 1/12/2018, the court finds that defendant has already had enough time to comply and that her failure to do so warrants the imp...

Excerpt: ...f patients' bill of rights against defendants Plum Healthcare Group, LLC and Oleander Holdings, LLC dba Sacramento Post‐Acute (collectively, “Defendants”). Plaintiffs filed their First Amended Complaint on March 22, 2016. Defendants filed a petition to compel arbitration on February 18, 2016, which this Court denied on April 6, 2016. Defendants appealed this decision and this matter was stayed on June 7, 2016, pending resolution of the appe...

Excerpt: ... the court's tentative ruling procedure and the manner to request a hearing. 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. Factual Background This action arises out of a 2015 real estate transaction whereby Ms. Schmauderer contracted with Bebermeyer Asset Management Inc. (“BAM”) to sell her home to BAM for $500,000, with escrow being esta...

Excerpt: ...quested in an attempt to obtain leave to amend, plaintiff shall be prepared to specifically discuss the new or different facts which may now be alleged in good faith to overcome the deficiencies noted below. *** Defendant Ocwen Loan Servicing, LLC (“OLS”), et al.'s (collectively “Defendants”) demurrer to plaintiff in pro per's complaint is SUSTAINED without leave to amend, as follows. The notice of demurrer does not provide notice of the ...

Excerpt: ...because the sanction eliminates a party's fundamental right to a trial, thus implicating due process rights. The trial court should select a sanction that is tailored to the harm caused by the withheld discovery. Sanctions should be appropriate to the dereliction, and should not exceed that which is required to protect the interests of the party entitled to but denied discovery. (Lopez v. Watchtower Bible & Tract Society of New York, Inc. (20...

Excerpt: ...#34;lead case", was filed in 2015 against Labmor, Williams (a Canadian citizen), and other defendants. Defendant Aoraki (an Australian business) was added as a defendant through a Doe Amendment on August 11, 2015. The 2015 complaint alleges causes of action for Negligence and Strict Product Defect. The complaint alleges that on November 21, 2014, Plaintiff attended a marketing promotional event at Smith Flat House Restaurant in Placerville, C...

Excerpt: ...ntiff pleads causes of action under the FEHA and the CFRA. He alleges among other things that the County discriminated against him because he is African‐American and he was disciplined for taking medical leave to care for his wife while non‐African‐American employees were not similarly disciplined. Plaintiff further asserts the County failed to correct its employees' illegal practices after he complained and the reasons offered for the ...

Excerpt: ...f will be addressed at the hearing and the parties should be prepared to point to specific evidence which is claimed to show the existence or non‐existence of a triable issue of material fact. *** Defendant Cordova Recreation and Park District's (“District”) motion for summary judgment, or in the alternative, summary adjudication is ruled upon as follows. This case arises from allegations of discrimination and retaliation under the FEHA and...

Excerpt: ...er was previously set for hearing on July 2, 2018. Plaintiffs failed to file an opposition in advance of the hearing, but filed an opposition on the date of the hearing. The Court continued the matter to allow the Court and counsel and opportunity to consider the late‐filed opposition and to allow Defendant McCarty to file a reply brief. The Court notes that the tentative ruling in advance of the July 2 hearing had sustained the demurrer on the...

Excerpt: ... 235, Carmichael California and the second examination by Dr. Williams shall take place that same day at 3:00 p.m. at the same location. In this personal injury action arising from a September 2016 accident, Plaintiff alleges that he was hit by a tractor trailer driven by C.R. England, Inc's employee Bernardo Raul Gutierrez, Jr. while he was crossing the street in his wheelchair. Plaintiff alleges multiple catastrophic injuries rendering him ...

Excerpt: ...f dangerous condition of public property. Plaintiff allegedly was injured while crossing in an unmarked City crosswalk. Plaintiff's responses were untimely. Thus, her objections have been waived. Form Interrogatory 8.8: GRANTED This form interrogatory concerns Plaintiff's loss of future income. It seeks the facts upon which Plaintiff bases her loss of future income, an estimate of the amount, an estimate of how long she will be unable to ...

Excerpt: ... that she began her employment with Defendant SNYIR, Inc. dba Two Men and a Truck Sacramento, in December 2015. In April 2016, she was admitted to the hospital due to health complications related to her pregnancy and her daughter was born three months premature. She alleges that Defendant would not allow her to return to fulltime work after she returned from maternity leave. In July 2016, Plaintiff resigned because she could not afford a baby‐s...

Excerpt: ...ly set for July 10, 2018. On June 19, 2018, Plaintiff appeared at an ex parte appointment requesting a stay. The Court granted an Order Shortening Time ("OST") setting the motion for July 10. No motion was ever filed for that date, so the tentative ruling for July 10 dropped the motion. A court which "drops" a motion is deleting a hearing on that motion from the court's calendar, and is not declaring the motion to be forever a...

Excerpt: ... pursuant to CCP 1005(b). No opposition was filed. The complaint was filed in October 2007, and default judgment was entered on March 30, 2009 for the amount of $22,722.61. The plaintiff filed a Application for Renewal of motion, bringing the amount of the judgment to $41,524.83. This motion followed. Defendant asks the court to vacate the renewal of the judgment pursuant to CCP 683.170 on the ground defendant never had knowledge of the case and ...

Excerpt: ...pursue on a theory of dangerous condition of public property. Plaintiff allegedly was injured while crossing in an unmarked City crosswalk. Plaintiff's responses were untimely. Thus, her objections have been waived. Defendant moves to compel Plaintiff's further responses to RFA nos. 23, 24, 25, 27, 28, 29, 30, 33, 35, 36 and 37. RFA 23, 24, 25, 27, 28, 29, 30, 33 ‐ GRANTED These RFAs seek Plaintiff's admission regarding the authenti...

Excerpt: ...ounsel shall file all requests for judicial notice as separate documents pursuant to CRC 3.1113(l).) Plaintiff Sohrab Mansourian's (Mansourian) third amended complaint (TAC) filed without leave of court on 6/19/18 is STRICKEN. This is a dispute between attorney and client. Mansourian was the client. The SAC contains causes of action against one or both Defendants for breach of contract and negligence. Mansourian alleges Defendants misadvised him ...

Excerpt: ...jurisdiction to consider the motion. (Lee v Placer Title Co. (1994) 28 Cal.App.4th 503, 509, 511.) Although the matter is dropped, the Court must also note that Plaintiff apparently sought to seal the entirety of her papers in opposition to the Defendants' motion for summary judgment as opposed to simply sealing the portions that specifically refer to her medical records/condition. While medical records are presumptively private and may afford a ...

Excerpt: ...raud and Conversion.” (Comp. Att. A.) Plaintiff alleges that pursuant to the will of Guy Wilson, he was entitled to possession of a “certain motor vehicle.” He alleges that Defendant intentionally and substantially interfered with his property by “fraudulently and by means of forgery taking possession and title to the vehicle and preventing Plaintiff from having access to the vehicle, and refusing to return the vehicle. Plaintiff did not ...

Excerpt: ...es between August 7, 2016 and July 27, 2018 or the date the Court approves the settlement, whichever is earlier. The PAGA claims were premised on six alleged violations of Labor Code (e.g., failure to pay wages, failure to provide meal and rest breaks, failure to provide itemized wage statements). Approximately 323 employees suffered the alleged Labor Code violations during the relevant period. Plaintiff calculated Flowmaster's maximum potential ...

Excerpt: ...and 67 requests for admissions. Madden argues the discovery is excessive, duplicative, beyond the scope of discovery and unduly burdensome. The motion is supported by the Ritchey Declaration, in which counsel purports to authenticate several exhibits. The exhibits, however, are not attached. Madden's failure to file exhibits that it contends substantiate the motion is grounds for a denial. But even if Madden had filed a complete version of the mo...

Excerpt: ...tion of Business & Professions Code § 17200. Plaintiff alleges that Defendant owns psychiatric facilities and that non‐moving Defendants Okechukwu Nwangburkua and Iheoma Nwangburkua were owners, officers and managing agents. (Comp. ¶ 15.) Plaintiff alleged that he worked as the CEO and that as part of his employment agreement, in addition to his $150,000 salary, he was to be paid $36,000 per year for each additional facility that he opened or...

Excerpt: ...before the Labor Commissioner, this court entered a judgment in the amount of $50,578.61. On 6/04/18, Taylor filed a memorandum of costs, and WellSpace filed this timely motion to tax. (See Lab. Code § 98.2(k) [“The judgment creditor […in an action on a complaint with the Labor Commissioner], is entitled to court costs and reasonable attorney's fees for enforcing the judgment that is rendered pursuant to this section”].) In ruling upon a m...

Excerpt: ...but defendant never made any payments on these bills which were subsequently assigned by SCIF to plaintiff for collection. Plaintiff now moves for summary judgment/adjudication on its two causes of action on the grounds that plaintiff has established each element of its causes of action and defendant has no defense. The Court finds that plaintiff has satisfied its initial burden under Code of Civil Procedure §437c(p)(1), which thereby shifts the...

Excerpt: ...urrer of defendants The Regents of the University of California (“Regents”), Tony Lai, M.D. (“Dr. Lai”), Alla Blinder, D.O. (“Dr. Blinder”) and Paul Kreis, M.D. (“Dr. Kreis”) (collectively “Defendants”) to the Second Amended Complaint (“2AC”) is OVERRULED in part and SUSTAINED in part, without leave to amend, as follows. *** If oral argument is requested in an attempt to obtain leave to amend, plaintiff shall be prepared t...

Excerpt: ...on against HMA: (1) violation of the Song Beverly Act (Civil Code § 1770 et seq.); (2) fraudulent concealment; and (3) fraudulent inducement. HMA demurs again to the second and third causes of action. The demurrer is sustained without leave to amend on the basis that the second and third causes of action fail to state facts sufficient to state a cause of action against HMA. (CCP § 430.10(e).) The demurrer is sustained for the reasons stated in ...

Excerpt: ...ed a complaint against Defendant/Cross‐Complainant. Defendant/CrossComplainant then filed a cross‐complaint against subcontractors related to the claims in Plaintiffs' complaint. Plaintiffs and Defendant have asserted numerous claims of construction defects related to the homes. Capital installed and inspected drywall in 53 of the homes. Capital denies any liability but settled with Defendant/CrossComplainant for $26,500 (53 homes at $500...

Excerpt: ...hat its settlement with Plaintiff Elk Grove Milling Inc. (Elk Grove) is in good faith. The settlement requires Airco to pay Elk Grove $67,500. It also requires Airco to cooperate with Elk Grove in the remaining litigation by (1) producing witnesses at deposition and/or trial without a subpoena, (2) providing nonprivileged information and documents not previously provided, and (3) producing employees at a meeting with Elk Grove's counsel, not to e...

Excerpt: ...rike is DENIED. If a party desires to receive the same relief as another party and files papers "joining" another party's motion, the court will not consider the papers to be a separate motion and will not grant relief to the party joining the motion unless that party has complied with all procedural requirements for the filing of motions, including payment of filing fees, proper notice, format of motion and method of service. (Sacram...

Excerpt: ...orney against whom the sanction is sought, and specify the type of sanction sought.” Defendant Garzon has filed a statement of non‐opposition to this motion to compel his deposition, although he contends plaintiff's request for sanctions should be denied for various reasons. In light of the foregoing, plaintiff's motion to compel this deposition is granted. The parties shall meet‐and‐confer to find a mutually agreeable date, time and loca...

Excerpt: ...customers stopped using plaintiff's managed IT network services during the year defendant resigned. Plaintiff contends one customer was billed for services by defendant's new company while he was still employed by plaintiff. Defendant contends that he merely informed his customers that he had left employment with plaintiff and started his own company. Plaintiff contends that the identity of its customers is a trade secret, including their...

Excerpt: ...f patients' bill of rights against defendants Plum Healthcare Group, LLC and Oleander Holdings, LLC dba Sacramento Post‐Acute (collectively, “Defendants”). Plaintiffs filed their First Amended Complaint on March 22, 2016. Defendants filed a petition to compel arbitration on February 18, 2016, which this Court denied on April 6, 2016. Defendants appealed this decision and this matter was stayed on June 7, 2016, pending resolution of the appe...

Excerpt: ... to a Government or Law Enforcement Agency and Disability Discrimination. Plaintiff complained that her co‐ worker was using dirty scopes on patients and Dignity determined after investigation that plaintiff was not cleaning her scopes. Plaintiff alleges she was terminated due to her complaint and a physical disability. CCP 1987.1 provides: (a) If a subpoena requires the attendance of a witness or the production of books, documents, electronica...

Excerpt: ...ted a written claim to the public entity. (Govt. Code sec. 905, 945.4.) For claims involving injury to a person, claims must be presented to the public entity within six months of the accrual of the cause of action Govt. Code sec. 911.2(a). Failure to present the claim is a bar to the cause of action. In other words, the Act requires the timely presentation of a written claim for money or damages directly to a public entity, and the rejection of ...

Excerpt: ... Harris, and Bradley Mannion seek an order sealing portions of the Declaration of Stuart C. Talley in Support of Request for Dismissal, pursuant to CRC 2.550 and 2.551. Paragraphs 4‐6 of the Talley Declaration contain information pertaining to individual settlement agreements that the parties have previously agreed is confidential. Dissemination of such content to third parties could impact the interests of the parties to this lawsuit. The seal...

Excerpt: ...with her subsequent employer is GRANTED. CCP 1987.1 This is an employment action in which plaintiff alleges causes of action for Retaliation for Disclosure of Information to a Government or Law Enforcement Agency and Disability Discrimination. Plaintiff complained that her co‐worker was using dirty scopes on patients and Dignity determined after investigation that plaintiff was not cleaning her scopes. Plaintiff alleges she was terminated due t...

Excerpt: ... in Welfare & Institutions Code §15610.57)" (TAC, ¶64.) These phrases are included in the wrongful death cause of action. According to Regents, Plaintiff is improperly attempting to base her wrongful death cause of action on the elder abuse statute, when both are separate and distinct causes of action. Regent insists that Plaintiff is "redefin[ing]" the term "neglect" from its common understanding to the statutory Elder Abus...

Excerpt: ...mplaint is denied. Plaintiff has filed a Third Amended Complaint on June 14, 2018 and defendant has a pending demurrer to that pleading, set for hearing on August 3, 2018. Thus, this motion is moot as it is addressed to an inoperative pleading. To be clear, an amendatory pleading supersedes the original one, which ceases to perform any function as a pleading. Thus, an amended complaint supersedes all prior complaints. The amended complaint furnis...

Excerpt: ...to amend for failure to state facts sufficient to constitute a cause of action. Plaintiff, Trustee of Hardial Singh Hunju 1996 Trust, alleges that decedent, Hardial Singh Hunju, hired Sushil Bhopla as his live‐in caregiver after his wife died. Defendants Rhony and Veepak ("Vee") Bholpa are Sushil's daughter and son, respectively. The Court will refer to the parties Sushil, Rhony and Vee to distinguish them since they all share the s...

Excerpt: ...eeks to set aside a default entered March 6, 2017 and a default judgment entered August 24, 2017 pursuant to CCP 473.5 and CCP 473(d). Pursuant to CCP 473.5, a party may move to set aside a default or default judgment within two years of the entry if they can establish that they had no actual notice of the lawsuit in time to file an Answer, even in cases where the substituted service was technically proper. Under CCP 473(d),"[t]he court may, ...

Excerpt: ...uction No. 1 is granted/denied as set forth below. Defendant left his employment with plaintiff in 2013 and started his own IT support firm. Plaintiff contends that eleven of plaintiff's current customers stopped using plaintiff's managed IT network services during the year defendant resigned. Plaintiff contends one customer was billed for services by defendant's new company while he was still employed by plaintiff. Defendant contends...

Excerpt: ...009 and the default judgment entered on July 22, 2010 is denied. Plaintiff's Request for Judicial Notice is granted. Plaintiffs in this action sued defendant alleging substandard housing at a residence they rented from defendant at 8005 Sunset Avenue in Fair Oaks, California. A default judgment was obtained against defendant for the amount of $75,000 for each plaintiff, for a total of $150,000 at a default prove up hearing before the Hon. Kev...

Excerpt: ...that she was never served on May 26, 2010 with the summons and complaint. The proof of service by the registered process server states that Defendant was served by substitute service at 812 Arthur Drive, West Sacramento. The person was served was Helen M. Lands, co‐defendant, who is described as her co‐ tenant and mother. (See Proof of service ROA No. 7) The return of process or notice, made by a registered process server (see California Busi...

Excerpt: ...nied. Defendant's Request for Judicial Notice is granted. Defendant's Objection to Evidence is sustained. In any event, the declaration is irrelevant to the issue to be decided in this motion. On May 24, 2018 the Court ordered that the request for $115,000 in damages in the FAC be stricken on a motion to strike. Although the Court could have merely deemed the language stricken from the FAC without the need for an Amended Answer, the Court...

Excerpt: ...dication of issues is GRANTED in part and DENIED in part. The court disregards written objections to evidence submitted solely in a separate statement. On summary judgment, a party wishing to object in writing must do so in a stand‐alone document and in the format prescribed in CRC 3.1354(b). The court likewise disregards evidence submitted with the reply, to which Plaintiff Juvoni Sterling (Sterling) has had no opportunity to respond. (See Naz...

Excerpt: .... Plaintiff moves for reconsideration of the order granting the fees' motion. “When an application for an order has been made to a judge, or to a court, and refused in whole or in part, or granted, or granted conditionally, or on terms, any party affected by the order may, within 10 days after service upon the party of written notice of entry of the order and based upon new or different facts, circumstances, or law, make application to the same...

Excerpt: ...here is no basis for an award of attorneys' fees where, as here, the case was dismissed prior to trial. In reply Defendant recognizes this controlling authority cited by Plaintiff and withdraws the motion. Defendant concedes that he has no basis for fees. Defendant's counsel declares that he had a mistaken but good faith belief regarding the availability of fees.. The Court declines Plaintiff's request in opposition to issue an OSC as to why ...

Excerpt: ...” (Walker v. Superior Court (1991) 53 Cal.3d 257, 269‐270.) In this action involving a dispute over the rental of a storage unit, Defendant moves to reclassify the matter from an unlimited action to a limited action. As seen from the Court's ruling on Defendants' demurrer, the subject contract was attached to the Second Amended Complaint. The contract contains a limitation of liability provision that provides that “[t]he maximum aggregate l...

Excerpt: ...Defendant Greenspoon Marder LLP's (GM) demurrer to the first amended complaint (FAC) is OVERRULED. Overview This is a nonjudicial foreclosure case. The plaintiffs are Rhonda James and Andre Monroe (collectively “Plaintiffs”.) Plaintiffs allege that GM, without having been substituted as trustee under the deed of trust, acted as the foreclosing trustee and caused their home to be sold at auction in February 2018. Plaintiffs allege that they su...

Excerpt: ... court costs to be determined by the Court upon noticed motion.” By this motion, Plaintiff seeks $39,015 in fees, representing approximately 76.5 hours of attorney time at the hourly rate of $510. Civil Code § 1794(d) provides that a prevailing buyer is entitled to recover "costs and expenses, including attorney's fees based on actual time expended, determined by the court to have been reasonably incurred by the buyer in connection wit...

Excerpt: ... Centex Homes and Centex Real Estate Corporation (collectively, “Centex”). Centex opposes. Travelers' Motion for Summary Adjudication of the Second Cause of Action for Breach of Contract is DENIED. Request for Judicial Notice Travelers' Request for Judicial Notice (“Traveler's RJN”), which attaches court orders in other cases (Exhs. 1‐4) and a pleading filed in this action (Exh. 5), and Travelers' Supplemental RJN (“Supp'l RJN”), wh...

Excerpt: ...uest for judicial notice is granted. NETF's request for judicial notice is granted. Cross‐Defendants' objections to the Declaration of Rick Grady are overruled. Factual and Procedural Background This action involves agreements regarding the construction of the Golden 1 Center in downtown Sacramento. In collaboration with the City of Sacramento, SDA was to design, develop, and construct the Golden 1 Center. In furtherance of these obligations, S...

Excerpt: ...position is UNOPPOSED and is GRANTED. In this foreclosure action, Plaintiffs allege claims against Defendant for negligence, violation of Business & Professions Code section 17200 et seq., violation of various provisions of the California Homeowner Bill of Rights, and breach of contract. Trial is currently set for December 17, 2018. Based on this trial date, the last day to file a motion for summary judgment, if the motion is mail served, is Augu...

Excerpt: ... 2018, Plaintiff Kathryn Gerwig, inpro per, filed a motion to set aside the judgment pursuant to Code of Civil Procedure section 473(b) on the grounds of surprise or inadvertence, claiming that she did not receive timely notice of Defendants' motion. On June 7, 2018, Defendants filed an ex parte application to set aside the order granting the anti‐SLAPP to allow Plaintiff a fair and reasonable opportunity to file an opposition to the anti‐SLA...

Excerpt: ...ed to appear for his deposition on June 11, 2018 in violation of a court order, and has failed to comply with two prior court orders requiring him to serve responses to written discovery. (See Declaration of Jansen, Ex. A, Minute order of April 24, 2018 ordering defendant to appear for his deposition and awarding sanctions in the amount of $860, Ex. B Third Amended Notice setting deposition for June 11, 2018, Ex. C Order of February 6, 2018 order...

Excerpt: ...made an offer to repair. Declaration of P. Elizabeth Arias (“Arias Decl.”), Ex. 6.) Defendant agreed to request from the manufacturer/installer to increase the size of the weep holes in certain windows to accommodate a larger volume of water draining out of the window channel. (Id .) Defendant's offer stated that “Ms. Dosty will need to acknowledge that the larger weep may, in the event of a storm/wind event, permit wind driven water back t...

Excerpt: ...lly sought a two week leave of absence starting July 1, 2016 to recover from major knee surgery. On July 8 plaintiff sent Hertz an email requesting an extension of the leave of absence until October 1 or "until further notice." Defendant told her that they could not hold her position open for three months, and plaintiff was terminated effective August 12, 2016. Plaintiff contends defendant 's "Medical Leaves Policy" is discrim...

Excerpt: ...ded responses. The motion, however, is not moot. A motion is "made" when it is filed and served. (CCP § 1005.5.) Because Plaintiff made the motion before Defendant served the amended responses, Plaintiff is entitled to a ruling. Defendant, however, need not reserve the discovery responses. The Court makes no determination regarding the sufficiency of Defendant's amended responses. Both parties' requests for sanctions are DENIED. ...

Excerpt: ...received the motion. In this personal injury action, Defendants seek an order requiring Plaintiff Joseph Mercado to submit to a second IME. Plaintiff underwent an initial IME on April 26, 2016 with Dr. Edward Younger, M.D., an orthopedist. Plaintiff complains of various injuries: left knee strain, lumbar sprain/strain; cervical degenerative disease; left shoulder pain; testicular pain; left hand pain; shaking in his hand and arm; and left tibia p...

Excerpt: ...t Ocwen Loan Servicing, LLC's (“Ocwen”) motion for judgment on the pleadings is ruled upon as follows. Ocwen's request for judicial notice is granted. In taking judicial notice of the recorded land documents, the court accepts the fact of their existence, not the truth of their contents. (Herrera v. Deutsche Bank Nat'l Trust Co. (2011) 196 Cal.App.4th 1366, 1375.) Overview This is a nonjudicial foreclosure action. Plaintiffs allege that Ocwen...

Excerpt: ...‐ year/100,000 mile powertrain warranty which, inter alia, covers the engine and transmission, and subsequently received a 10‐year/120,000 mile extended coverage plan (e.g. extended warranty) which covers engine in connection with the excessive oil consumption. Plaintiff alleges that during the warranty period, the vehicle contained/developed multiple defects, including the engine's inability to properly utilize engine oil. Plaintiff alleges ...

Excerpt: ... The Court recognizes that plaintiff is self‐represented and no doubt has little or no legal training. However, self‐represented litigants required to follow the procedural rules that govern civil litigation. McComber v. Wells (1999) 72 Cal.App.4th 512, 522‐523. A party representing himself is to be treated like any other party and is entitled to the same, but no greater, consideration than other litigants and attorneys. Nwosu v. Uba (2004)...

Excerpt: ...provide sufficient notice of the motion. The motion was untimely by 2 calendar days. The City, however, has substantively opposed the motion. Therefore, any defect in notice has been waived. Legal Standard On a motion to tax costs the burden of proof shifts between the parties. If the items in the cost bill appear to be proper and reasonable, the burden is on the party seeking to tax costs to show they were not reasonable or necessary. (Ladas v. ...

Excerpt: ...On 5/02/18, Stone Lake's counsel indicated by email that the date of the deposition might present a conflict. (Id., Exh. B.) Morales' counsel responded, “[t]hat is going to be a problem, as we do not intend to change the date.” (Id.) No trial date has been set, and the discovery cutoff is not approaching. Stone Lake did not serve any written objections to the deposition or move for a protective order. The day before the deposition, however, S...

Excerpt: ...e amount to be paid in the settlement; (3) the proposed allocation of the settlement proceeds; (4) a recognition that the settling parties should pay less in settlement than if they were found to be liable after trial; (5) the financial condition of the settling parties, and the insurance policy limits, if any; and (6) the existence of collusion, fraud or tortious conduct aimed to injure the interests of the non‐settling defendants. (Tech‐Bil...

Excerpt: ...rior to that time, Plaintiff's deposition had been noticed six times and Plaintiff had either failed to appear or the deposition had been rescheduled at the request of Plaintiff's counsel. Plaintiff was ordered to appear for her deposition no later than August 28, 2017. Anchor General's and Defendants' counsel again appeared for the August 28, 2017 deposition and Plaintiff again failed to appear. On October 17, 2017, the Court granted Anchor Gene...

Excerpt: ...errero. Judgment was entered on May 31, 2018. While the notice of motion does not set forth a specific basis for the motion (e.g. does not specifically cite CCP § 473), Plaintiff indicates in her memorandum of points and authorities that she moves to set aside the judgment pursuant to CCP § 473(b) on the basis that the CCP § 998 offer was withdrawn before Defendants accepted the offer. Alternatively, Plaintiff argues that if the offer was not ...

Excerpt: ...vice attached to the motion states that it was served on May 26, 2018, this is impossible because the motion references Plaintiff's discovery responses which were served on June 12, 2018, more than two weeks later. The Court would note that the motion itself is not dated and it is not clear when it was actually served as the Court's copy does not contain a dated proof of service. While service does appear to be untimely, Plaintiff was nevertheles...

Excerpt: ...oration”) (collectively “Judgment Debtors”) to vacate the judgment entered against them on 4/11/18 is DENIED. Judgment Debtors' alternative request for a stay of enforcement is GRANTED; bonds to be posted within 14 days. Overview The Trucking Corporation appears to be a dissolved California Corporation operating as an interstate carrier. (See Carey Decl., Exh. A.) Chand owns/owned the Trucking Corporation. The procedural history in this mat...

Excerpt: ...done so. Smart Choice initiated this action when it filed its complaint arising out of a dispute regarding a home improvement contract with Mr. Shaw. Mr. Shaw initially filed a cross ‐complaint for breach of contract, negligence and fraud. The cross‐complaint has been amended numerous times after Mr. Shaw obtained leave to amend from the Court and when the parties stipulated to allow an amended cross‐complaint to be filed. Smart Choice now ...

Excerpt: ...noted below that will be addressed at the hearing. Counsel are also reminded that pursuant to local rules, only limited oral argument is permitted on law and motion matters. *** Both the moving and reply memorandum of points & authorities fail to comply with CRC Rule 3.1113(d) and (e). Factual Background This putative class action was filed by plaintiff Gibbons, alleging defendant MFL violated the California Consumer Credit Reporting Agencies Act...

Excerpt: ... Lynn Arens. However, neither declaration complies with the requirements of Code of Civil Procedure §2015.5. The Lui Declaration does not affirmatively establish it was executed pursuant to California's penalty of perjury laws or alternatively was executed in this state. The Arens Declaration was not executed under penalty of perjury at all, merely averring it was executed in California. As such, neither declaration is admissible and thus, the c...

Excerpt: ...efendant Douglas Clark Washburn. Washburn testified at his deposition in May 2018 that he started drinking mimosas on the morning of the collision and had consumed three 12 oz glasses before getting in his vehicle. Washburn was arrested after the high impact collision after having lied to the police about whether he had been drinking. Washburn tested at an alcohol level of .16, twice the legal limit. These facts are sufficient at the pleading sta...

Excerpt: ... having been a resident of the facility for ten years. The trial date is now February of 2019. Plaintiff's motion is accompanied by four separate statements for the following depositions/documents: 1. Deposition of Heidi Capela (PMQ re document categories No. 5 Rupp Weekly Reports, No. 6 and 7 documents transmitted to and from deponent regarding Windsor El Camino or Thomas Knowles, No. 8 and 9 documents transmitted to or from Jane Rupp regard...

Excerpt: ...will be addressed at the hearing and the parties should be prepared to point to specific evidence which is claimed to show the existence or non‐existence of a triable issue of material fact. *** Defendant Stewart Title of Sacramento's (“STS”) motion for summary judgment, or in the alternative, summary adjudication is ruled upon as follows. Overview This is an action for equitable indemnity, implied indemnity and declaratory relief. Plaintif...

Excerpt: ...1788.17 is granted. This action arises out of debt collection efforts by Defendant. Plaintiff alleges that defendant violated the Rosenthal Fair Debt Collection Practices Act, Civil Code section 1812.700(a). In this Court's February 9, 2018 order granting NES' motion for summary judgment against Mr. Wiegand, the court found that NES "cured" the alleged type‐size violation as to Mr. Wiegand pursuant to the cure provision in Civil...

Excerpt: ...018, the Court entered an Order granting preliminary approval of class action settlement, thereby preliminarily approving the terms of the settlement, certifying the class for purposes of settlement only, appointing Plaintiff as class representative, appointing Plaintiff's counsel as class counsel, and preliminarily approving Phoenix Settlement Administrators as the settlement administrator. By this motion, the parties now seek final approval of:...

Excerpt: ...on for writ of mandate and complaint filed by Plaintiff/Petitioner and Cross‐Defendant American Towers, LLC (“ATC”) against the State on March 4, 2015. On February 19, 2016, the writ proceeding was heard. On March 8, 2016, the ruling on the writ proceeding was issued, denying the petition and related request for declaratory relief. On August 31, 2016, the case was referred back for reassignment to the regular civil calendar following the co...

Excerpt: ...ey Defendants”) Special Motion to Strike (CCP §425.16) is GRANTED. The Court fully incorporates herein its ruling on the Attorney Defendants' Special Motion to Strike. (Item #12.) To reiterate, the anti‐SLAPP as to the breach of contract is DENIED. A breach of a settlement agreement after the underlying action is concluded is not protected activity. (Applied Bus. Software, Inc. v. Pac. Mortg. Exch., Inc. (2008) 164 Cal.App.4th 1108, 1118.) �...

Excerpt: ... and 23 through 32 in Plaintiffs' Second Set of Document Requests propounded to Defendant Sacramento County Emergency Medical Services (SAC EMS) is GRANTED. Warren's further request for an order compelling SAC EMS to produce responsive documents is DENIED as premature. The court may only compel a party to produce responsive documents after the party serves written responses indicating it will produce responsive documents and then fails to make th...

Excerpt: ...nd, Inc's employee Bernardo Raul Gutierrez, Jr. while he was crossing the street in his wheelchair. Plaintiff alleges causes of action for negligence against Defendant Gutierrez and negligent supervision and negligent entrustment against Defendant C.R. England. C.R. England has admitted that Defendant Gutierrez was acting in the course and scope of his employment at the time of the incident. At issue on the instant motion are the deposition notic...

Excerpt: ...fendants indicate that they were never served with the summons and complaint. They also indicate that the declaration in support of the application for entry of default and default judgment filed on January 21, 2016 contains a proof of service executed by self‐represented Plaintiff. On May 22, 2018, Defendants received a document titled “Plaintiff's Notice of Motion to Set a Later Date to Continue Civil Case Based on Incarceration of Plaintif...

Excerpt: ...suant to CCP § 473(b). Plaintiff's counsel declares that after default and default judgment was entered, Plaintiff received notification that Defendant asserted a claim of fraud with respect to the subject account. Plaintiff eventually confirmed that Defendant's account was opened and/or used fraudulently. Plaintiff now seeks to set aside the default and default judgment entered against Defendant and to dismiss the matter with prejudice. Here, t...

Excerpt: ...ad a cause of action for Violation of the SongBeverly Consumer Warranty Act and allege that Defendant breached express and implied warranties. Plaintiffs allege that the vehicle was delivered to them with serious defects and nonconformities to warranty including various transmission, engine, HVAC and electrical defects. Kia seeks to strike paragraphs 14, 18, and portions of paragraph 17 (Plaintiffs' implied warranty claim). An issue of law may be...

Excerpt: ...to comply with Code of Civil Procedure §1013a, requiring the “exact title” of each document being served. The court rejects plaintiff's claim that DHCS' opposition papers were not timely filed or served but even if they were, the court has exercised its discretion and considered them. DHCS' objections to plaintiff's reference to the parties' settlement negotiations are sustained. Factual Background This consolidated action arises from a 2013...

Excerpt: ...ch was not properly secured by defendant Golden State Towing, LLC, slipped, injuring Plaintiff. On November 10, 2016, Plaintiff was driving his vehicle when defendants James R. Faulk and Shirley A. Faulk pulled into his lane and collided with his vehicle. Finally, on October 19, 2016, Plaintiff was driving his vehicle when uninsured motorist Connor Biehler turned into the side of Plaintiff's vehicle. The original Complaint was filed by Plaintiff'...

Excerpt: ...roude's notice of motion inexplicably fails to provide notice of the court's tentative ruling system, as required by Local Rule 1.06. Moving counsel is directed to contact all counsel and advise them of Local Rule 1.06 and the court's tentative ruling procedure and the manner to request a hearing. If moving counsel is unable to contact any counsel prior to hearing, moving counsel is ordered to appear at the hearing in person or by telephone. Frou...

Excerpt: ... January 26, 2018. Plaintiff's request for judicial notice of these two Court Orders is granted. On December 6, 2017, this Court granted Plaintiff's unopposed motion to compel Opposing Defendants to serve verified responses to Plaintiff's Form Interrogatories, Set One, 4.1(e) on or before December 18, 2017. On January 26, 2018, this Court granted Plaintiff's unopposed motion for sanctions, imposing monetary sanctions of $1,035 on Opposing Defenda...

Excerpt: ...on this matter. First, this matter must be dropped from calendar due to plaintiff's defective service of notice. Plaintiff's service of the moving papers by mail on 6/21/2018 for a hearing on 7/10/2018 does not give 16 court days plus 5 calendar days' notice as required by Code of Civil Procedure §1005(b), since 7/4/2018 (Independence Day) was a court holiday. (Code Civ. Proc. §12c; Barefield v. Washington Mutual Bank (2006) 136 Cal.App.4th 299...

Excerpt: ...n satisfies the requirements of Code of Civil Procedure section 430.41(a). Defendant Sacramento Housing and Redevelopment Agency's (“Defendant”) demurrer to plaintiff Nikolay Koval's (“Plaintiff”) complaint is ruled upon as follows. Defendant has indicated the incorrect address in its notice of motion. The correct address for Department 54 of the Sacramento County Superior Court is 813 6th Street, Sacramento, California 95814. Defendant s...

Excerpt: ... Abir, Cohen, Treyzon, Salo, LLP and Federico C. Sayre's First Amended Answer is SUSTAINED without leave to amend as follows. This is a legal malpractice action. Plaintiff alleges Defendants represented her in a personal injury case against the City of Sacramento (the “City”), which she intended to pursue on a theory of dangerous condition of public property. Plaintiff allegedly was injured while crossing in an unmarked City crosswalk. Her pe...

Excerpt: ...artment 53 of the Sacramento County Superior Court is 813 6th Street, Sacramento, California 95814. Defendants shall notify Plaintiff immediately. 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, in person or by telephone, in the event Plaintiff appears with...