Excerpt: ... employment dispute involving allegations of discrimination under the FEHA. Sterling's fourth cause of action is for defamation. The County argues that it is entitled to summary adjudication because “the alleged ‘defamation' was nothing more than the internal evaluation of [Sterling]'s work performance” and therefore is inactionable under Jensen v. Hewlett‐Packard Co. (1993) 14 Cal.App.4th 958. Sterling opposes on grounds that the motion ...

Excerpt: ...rises out of plaintiff's prior employment with CDCR. Her complaint asserts various causes of action under the Fair Employment and Housing Act (“FEHA”). In 2015 the parties stipulated to a protective order which permits the parties to designate as confidential certain documents including plaintiff's employment, medical, psychiatric and psychological records so as to limit their use and disclosure to this litigation only but it also permits the...

Excerpt: ...wheelchair. Trial in this action is currently set for January 14, 2019, and the parties have exchanged expert witness designations. Plaintiff now seeks to have the Court strike some of Defendants 17 retained experts pursuant to CCP § 2034.250(b)(6) on the grounds that some of the expert designations are duplicative. CCP § 2034.250(b)(6) provides that a court may issue a protective order to “reduce the list of employed or retained experts desi...

Excerpt: ...lity in Galt, California during the operation of a machine called a power press, also known as a punch press, Chicago press, or punch press 8, which injured plaintiff Alvaro Alvarez' (“Plaintiff”) right hand and forearm. Plaintiff's right hand and forearm had to be amputated just below his right elbow. Plaintiff filed this action against Defendant on November 14, 2016. In this action, Plaintiff's Second Amended Complaint (“SAC”) alleges t...

Excerpt: ...ove, California (the "Property") owned solely by Defendant Kiran Rawat ("Defendant" or "Rawat"). On November 29, 2018, Plaintiffs noticed Defendant's deposition for December 17, 2018, at 9:00 a.m. On December 11, 2018, Defendant sent Plaintiffs an email indicating she was “not available” for deposition on December 17. (Hobbs Decl. ¶ 3, Exh. B‐1.) Defendant did not serve written objections. (Hobbs Decl. ¶ 3.) Plaint...

Excerpt: ...el of Local Rule 1.06 and the Court's tentative ruling procedure. If Defendant's counsel is unable to contact Plaintiff's counsel prior to the hearing, Defendant's counsel shall be available at the hearing, in person or by telephone, in the event Plaintiff's counsel appears without following the procedures set forth in Local Rule 1.06(B). Request for Judicial Notice Plaintiff's request for judicial notice is denied. The Complaint filed by a diffe...

Excerpt: ...hole on the highway related to the construction. Plaintiff is incarcerated at Wasco State Prison, Wasco, California, and is eligible for parole in May of 2020. Prior to Plaintiffs incarceration in August of 2018, defendants noticed Plaintiff's deposition for February 23, 2018 and then April 6, 2018, but were unable to depose him. (Garcia Decl., ¶ 9) Defendants seek an order granting leave to take Plaintiff's videotaped deposition at Wasc...

Excerpt: ...nc., JAMS Reg. No. 1100090976, and (2) the DLSE Opinion Letter regarding the professional exemption is GRANTED. In taking judicial notice of these documents, the Court accepts the fact of their existence, not the truth of their contents. (See Professional Engineers v. Dep't of Transp. (1997) 15 Cal. 4th 543, 590 [judicial notice of findings of fact does not mean that those findings of fact are true].) Defendant's request for judicial noti...

Excerpt: ...ank”) demurrer to Plaintiff Janet Robinson's complaint is ruled upon as follows. Overview This is a Homeowners' Bill of Rights (“HBOR”) action. The named defendants are Clear Recon Corp. (“CRC”) and Bank. Plaintiff Janet Robinson alleges that in April 2006, she financed her property which was secured by a Deed of Trust (“DOT”). In early 2018, due to financial hardship, Plaintiff was unable to make timely mortgage payments. She alleg...

Excerpt: ...dants Caroline Kang, LLC dba Laguna Woods, RCFE (“Laguna Woods”), Caroline Kang and Francis Kang's (the “Kangs”)(collectively “Defendants”) demurrer to Plaintiffs' complaint is ruled upon as follows. Overview This is an Elder Abuse action. Decedent Christine Patton (“Christine”) was a resident a Laguna Woods, a residential care facility for the elderly (“RCFE”). Christine required help transferring in an out of her bed and whe...

Excerpt: ...s portions of a cause of action that are substantively defective on the face of the complaint. (PH II, Inc. v. Superior Court (1995) 33 Cal.App.4th 1680, 1682‐83; see also Code of Civ. Proc. § 437.) More specifically, a motion to strike should be granted to remove "any irrelevant, false, or improper matter inserted in any pleading," or where the pleadings are drawn in violation of a law, rule or court order. (Code of Civ. Proc. § 436....

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 California Department of Toxic Substances Control's (“DTSC”) motion for summary judgment, or in the alternative, summary adjudication is ruled upon as follows. At the outset, the Court notes that DTSC's notice of motion fails to comply wit...

Excerpt: ...about November 21, 2017, following an altercation with his wife. (Compl. ¶ 13.) The deputies transferred Plaintiff to a Kaiser hospital where he was prescribed Ibuprofen prior to his intake with the Sheriff's Department at the main jail. (Compl. ¶ 14.) The following day, Plaintiff was in pain while incarcerated and was seen by correctional medical staff. Plaintiff was released later that same day. Defendant Maria Candalla R.N.'s demurre...

Excerpt: ...worked as a para professional for Defendant Elk Grove Unified School District during the 2015‐2016 and 2016‐2017 school years. The case is currently set for trial to commence on February 25, 2019. The Sacramento County Sheriffs Department arrested Gollas on or about September 16, 2016 and conducted an investigation into the allegations of the complaint. Deputy Mark Francis, Badge #1490 and Detective Heidi Hampton, Badge #567 investigated the ...

Excerpt: ...ng parts of the 2014 and 2015 baseball seasons. Defendant served a business records subpoena on Wells Fargo asking for all of plaintiff's bank records for the period of time he was employed by the Rivercats. On September 7, 2018, Defendant Sacramento River Cats Baseball Club, LLC served Plaintiff with its Deposition Subpoena for Production of Business Records from Wells Fargo Bank, National Association c/o CSC ‐ Lawyers Incorporating Servic...

Excerpt: ...led this lawsuit in March 2017, asserting a sole cause of action for motor vehicle negligence. The named defendants include One Call Medical, Inc. (NJ) dba One Call Care Management as well as Zonecare USA of Delray, LLC (FL) dba One Call Care Transport + Translate (collectively “One Call”), which were sued as One Call Care Management, One Call Medical, Inc. and Coral Acquisitions, Inc. Plaintiff alleges that “One Call provides services to t...

Excerpt: ... of the documents. This matter was continued to allow defendant to file a Reply to the untimely Opposition. In this action, plaintiff's Second Amended Complaint alleges causes of action against defendants and numerous other entities and individuals for Negligence (1st), Breach of Contract and of the Covenant of Good Faith and fair Dealing (2nd), Fraud by Concealment (3rd), Quiet Title (4th), Negligent/Intentional Infliction of Emotional Distr...

Excerpt: ...ary 14, 2019. The Clerk shall fax a copy of the tentative ruling to the litigation coordinator. The litigation coordinator shall provide the tentative ruling to Plaintiff Frank Lee Dearwater, Appearance is required on January 14, 2019. Plaintiff Frank Lee Dearwater shall be available by COURTCALL, to participate in oral argument on the continuance date. The Court previously issued a tentative ruling sustaining Defendant's demurrer without leave t...

Excerpt: ... competing declarations regarding the meet and confer efforts which are confusing at best and they seem to be arguing about what was discussed and whether any agreement was reached. The Court was unable to determine exactly what, if anything, was resolved by the meet and confer efforts. The Court notes that the demurrer indicates that Cross‐Defendant concurrently filed a special motion to strike pursuant to CCP § 425.16 with respect to the fir...

Excerpt: ...e underlying transaction between the parties concerned a loan to Defendants Mariya Chkuaseli and Durmishkhan Chkuaseli's business CargoTek which they personally guaranteed. Defendants argue that the sister state judgment from New York was premised on a confession of judgment which did not comply with due process and was not a knowing, voluntary and intelligent waiver of constitutionally required notice and a hearing before entry of judgment again...

Excerpt: ...that Defendants are liable on theories of negligence and premises liability. Defendants move for summary judgment on the ground that the lip in the sidewalk was a “trivial defect” and, therefore, they had no duty to repair it. (See Stathoulis v. City of Montebello (2008) 164 Cal.App.4th 559, 567 [“trivial defect” is not an affirmative defense, but rather is an aspect of the landowner's duty that the plaintiff must plead and prove].) To su...

Excerpt: ...ses liability) and negligence per se against numerous defendants in connection with injuries she sustained when she fell off a sidewalk at a Rite Aid. Defendants' separate statement includes the following. In 2007, Thrifty Payless, Inc. dba Rite Aid (“Thrifty”) approached PDC to develop a Rite Aid at 9260 Elk Grove Boulevard (the “Property”). PDC received final approval for plans, specifications and conditions from the City of Elk Grove o...

Excerpt: ...ACTS According to Plaintiffs' Complaint, this matter is based on an underlying lawsuit in this Court. In that case, Case No.34‐2009‐00067457, Plaintiff Edward J. Broussard, Sr., filed suit against Cambridge (Natomas) LP and Cambridge Communities, LLC, seeking damages related to defective construction of nine houses in the Northpointe Park, Village 31 subdivision. After several amendments to the Complaint in the underlying case, there were 33 ...

Excerpt: ... of a corporation that provides pest control services. The corporation is Plaintiff Blizzard Pest Management, Inc. (BPM). The two BPM officers and directors are Plaintiff Samuel Wesley Blizzard (Blizzard) and Defendant William Raymond Rains (Rains). (The court refers to BPM and Blizzard as “Plaintiffs.”) In their complaint, Plaintiffs allege that Blizzard and Rains each own 50% of BPM's shares. Plaintiffs are suing Rains and Rains' recently f...

Excerpt: ...lemental briefing in response thereto. Factual and Procedural Background Petitioner Parker Turner Albright, PC, a law firm, (“PTA”) was formed in April 2017. Attorneys Marcus Turner and Port Parker each hold a 50% shareholder interest in PTA. Michelle Albright jointed PTA as a named partner, but is not a shareholder. On December 29, 2017, Respondent Port Parker (“Parker”) executed and served a Written Consent to Dissolve, authorizing the ...

Excerpt: ...led via a successful motion summary judgment. WFB now seeks attorney fees pursuant to Civil Code § 1717 related to the litigation of this case. Plaintiff filed a similar fee motion in March 2018, which this Court denied without prejudice. In that minute order, the Court concluded that while it found the hourly rate charged by Plaintiff's counsel to be reasonable, but denied the motion on the grounds it was unable to determine whether counsel had...

Excerpt: ...y 28, 2016 hearing with respect to a dispute between VSP and Respondent Gordon Epstein, O.D. regarding VSP's decision to terminate its contract with Dr. Epstein and seek restitution based on improper claims submitted and paid by VSP. The parties entered into a network doctor agreement (“NDA”) which contained a “Fair Hearing” provision which provided that in the event of a dispute as to any discipline imposed against a Network Doctor, the ...

Excerpt: ... oral argument must still be made by 4:00 p.m. on Tuesday, 12/18/2018. Defendant CAPPO Management XXIX, Inc. dba Harrold Ford's motion to compel arbitration is ruled upon as follows. Overview In this action, Plaintiffs Margaret Campana (“Campana”) and Dianna Brock (“Brock”) (collectively “Plaintiffs”) are suing their employer for various Labor Code violations for unpaid overtime compensation; failure to pay compensation for forfeited ...

Excerpt: ... noticed over 70 depositions, the notices of which contain 774 requests for production of documents, all within a short period of time. During this same time‐frame, Plaintiff also served 5 sets of discovery on Sacramento Post‐Acute (including form interrogatories, special interrogatories, requests for production of documents, and requests for admission), two sets of discovery to Plum Healthcare Group, LLC, and initial discovery to the five de...

Excerpt: ...a Department of Motor Vehicles (“Respondent”) and operated by one of the Respondent's employees. Petitioner is an immigrant from India, speaks limited English, and has a limited understanding of the American justice system. (Laskin Decl. ¶ 4.) Following the collision, Petitioner retained the services of the Mann Law Firm. (Kaur Decl. ¶ 4.) She forwarded all communications addressed to her to her attorney at the firm. (Kaur Decl. ¶ 5.) In o...

Excerpt: ...s 1‐4, 8‐9, 12‐14, and 21‐26, is ruled upon as follows. In this slip‐and‐fall personal injury action, Plaintiff alleges she fell and injured her right knee on April 8, 2017, at the Target store located at 1919 Fulton Avenue, Sacramento, California. Plaintiff's alleged injury to her right knee required surgical repair. Plaintiff alleges the fall was caused by rain water tracked in from outside and that the store negligently failed to p...

Excerpt: ...ected to contact opposing counsel and advise him/her of Local Rule 1.06 and the court's tentative ruling procedure and the manner to request a hearing, along with the correct address for Dept. 53/54. If moving counsel is unable to contact opposing counsel prior to hearing, moving counsel is ordered to appear at the hearing in person or by telephone. Moving counsel failed to comply with CRC Rule 3.1110(b)(3)‐(4). Opposing counsel failed to compl...

Excerpt: ...ment/adjudication, without prejudice, to allow Plaintiffs an opportunity to amend the complaint. The parties shall appear and be prepared to discuss with the Court. No trial is scheduled. This is an action for personal injuries arising from a motor vehicle accident. Plaintiffs are Derrick Raible (“Raible”) and Donovan Caudill (“Caudill”) (collectively “Plaintiffs”). Raible is represented by counsel and has filed an opposition to the m...

Excerpt: .... *** Plaintiff Dene Starks' motion to compel further responses to Special Interrogatories and Inspection Demand is ruled upon as follows. This is a putative class action for race and sex discrimination, failure to prevent and various violation of the Labor Code. Plaintiff proposes the following two subclasses: (a) persons in the employ of Nationwide in California as Commercial Underwriters whom Nationwide misclassifies as exempt from June of 201...

Excerpt: ... request for oral argument must still be made by 4:00 PM today. (See Local Rule 1.06.) ** This is a putative class action. Plaintiff Michael Smith, individually, and on behalf of all others similarly situated, alleges that they are “individual gamers who have been deceived into making in‐game purchases of deceptively marketed in‐ game items in Defendant's immensely popular games Overwatch and Hearthstone. Defendant contends that Plaintiff a...

Excerpt: ...e DOC she contends was the basis for its retaliation. (Sanders decl. Ex. A.)" In order to issue the requested order, the Court must find that there is an overriding interest to support the sealing of these records; that there is a substantial probability that the parties' interest will be prejudiced absent sealing; that the proposed sealing is narrowly tailored to serve the parties' interest; and that there is no less restrictive mean...

Excerpt: ... Plaintiffs' Request for Judicial Notice of the court order granting a Limited Judgment Appointing Guardian Conservator for Roy Masters is granted. Defendants' Evidentiary objections are overruled. Defendants seek and order quashing the service of summons in this action for lack of personal jurisdiction pursuant to Section 418.10(a)(1) of the Code of Civil Procedure. Defendants contend that this Court does not have personal jurisdiction o...

Excerpt: ..., he was in a car accident with another vehicle which resulted in a total loss of his vehicle. Plaintiff alleges that UFCC wrongfully determined that there was no coverage for the damage. UFCC explained that it denied coverage “[s]ince the purpose of the use of the vehicle at the time of the loss [was] ‘to carry persons or property for compensation or a fee' as indicated by the [Lyft] app's ‘on' status, this exclusion applies regardless...

Excerpt: ...Code of Civil Procedure section 439. Section 439 provides that "(a) [b]efore filing a motion for judgment on the pleadings pursuant to this chapter, the moving party shall meet and confer in person or by telephone with the party who filed the pleading that is subject to the motion for judgment on the pleadings for the purpose of determining if an agreement can be reached that resolves the claims to be raised in the motion for judgment on the ...

Excerpt: ...plaint against Defendant and others. Plaintiff alleges causes of action against Defendant for invasion of privacy, public disclosure of private facts, false light, and IIED. The causes of action against Defendant arise out of allegations that Defendant wrongfully accessed Plaintiff's medical records and publicized certain information from the records. Plaintiff contends that he was going through a divorce and child custody dispute with Ivy Ro...

Excerpt: ... and costs finding that the Receiver's fees and expenses should be borne by the Receivership estate or Grange as originally ordered, and that the Grange may then seek award of the fees and expenses as costs of enforcement of the judgment pursuant to CCP § 685.070 et seq. The Grange has brought such a motion. Rather than file an opposition to that motion, the Guild has filed a motion to strike/tax the receivership costs sought by the Grange. This...

Excerpt: ...udd alleges that CTC acted as the escrow agent on the transaction. Judd alleges that he invested $150,000, which was deposited into escrow, to fund the property's rehabilitation. In exchange, he was promised a promissory note, a second trust deed and a right to share in any profit once the property was resold. Another investor funded the property's purchase for rehabilitation, and that investor received the first trust deed. Judd alleges that an ...

Excerpt: ...his is a FEHA case. Plaintiff Angela Henao (Henao) alleges that the County discriminated against her based on disability and failed to accommodate her with another position. As she did in her second amended complaint (SAC), Henao contends in the TAC that the County's Accommodation Transfer List (ATL) was part of the problem. In the SAC, Henao leveled the following allegations: Further, in violation of FEHA, Defendant County refused to provide any...

Excerpt: ...d to timely pay wages to aggrieved employees upon termination/resignation in violation of Labor Codes §§ 201 and 202. Plaintiff seeks penalties under PAGA. Defendant has filed a four page motion to strike the PAGA claims in the complaint on the basis that the Court would be required to conduct individualized inquiries with respect to the Labor Code § 226.7 claim, which would render the claim unmanageable. Defendant argues that it had a written...

Excerpt: ...compete with Plaintiffs. Plaintiffs filed their complaint on March 9, 2018, alleging causes of action for: (1) violation of Penal Code § 502, (2) violation of the Uniform Trade Secrets Act (the “UTSA”), (3) common law misappropriation of trade secrets, (4) unfair competition, (5) conversion, (6) breach of contract, and (7) breach of fiduciary duty. Plaintiffs attempted to file a first amended complaint but it was rejected because an answer w...

Excerpt: ...3230 Broadway, Sacramento, California 95817. The property consists of a two‐story, multi‐tenant building with five commercial units and four residential apartments. On July 13, 2017, Plaintiff and defendants Vicki A. Pfingst and Angela Saldivia (collectively, “Defendants”) entered into a Commercial Property Purchase Agreement for the sale of commercial real property located at 3230 Broadway for $775,000 (the “Purchase Agreement”). In ...

Excerpt: ...vil Code § 1812.701(b) by sending a collection letter that failed to provide the requisite Consumer Collection Notice in a type size that was at least the same type‐size as that used to inform the consumer of the specific debt, or in at least 12‐point type. The Court ultimately granted Defendant's motion for summary judgment as to Plaintiff's individual claim, finding that Defendant had cured the violation under Civil Code § 1788.30(d) and ...

Excerpt: ...arriott Sacramento Rancho Cordova's (“Defendant”) property on November 3, 2017. Plaintiff filed her complaint on May 8, 2018, alleging claims for general negligence and premises liability. Plaintiff seeks damages including medical expenses, general damages, wage loss, and loss of earning capacity. On September 26, 2018, Defendant served Bank of America, Plaintiff's current employer, with a subpoena to produce the following: “Any and all emp...

Excerpt: ... discrimination based on national origin, retaliation in violation of Labor Code §98.6 and §1102.5, defamation, failure to prevent discrimination, and wrongful termination. Defendant EHC now moves to strike the punitive damages allegations from the complaint on the grounds that plaintiff has failed to plead facts sufficient to establish the requisite malice, fraud or oppression and sufficient to satisfy the requirements of Civil Code §3294(b) ...

Excerpt: ...ts Mercy Housing California XXVI, LP's and Mercy Housing Management Group, Inc.'s motion to strike Plaintiff's alter ego allegations and punitive damages as to Mercy Housing California XXVI, LP. The Court denied the motion to strike punitive damages allegations as to Mercy Housing Management Group, Inc. Moving Defendants were added to the action after being identified as Doe Defendants. The Fourth Amended Complaint simply alleged that the Defenda...

Excerpt: ...ng business day, a legal brief no greater than eight (8) pages in length that addresses the following issues: Without expressly identifying which cause(s) of action in the complaint constitute "real property claims" under CCP § 405.4, the parties appear to assume that the breach of contract cause of action for damages qualifies as such a claim. The court questions whether the breach of contract cause of action, the other damages causes o...

Excerpt: ...n Butte County and on 7/22/2014, plaintiff filed a First Amended Complaint (“1AC”) which asserted two causes of action for disability discrimination and violation of the California Whistleblower Protection Act at Government Code §8547 et seq. (“CWPA”) based on her employer's 2011 decision to require plaintiff to report to work in Sacramento rather than continue working from her home in Chico, which plaintiff insists was a reasonable acco...

Excerpt: ... she had an uninsured motorist policy with Defendant and that Defendant is liable to Plaintiff resulting from Doe 1's conduct. Plaintiff alleges a negligence cause of action against Defendant. Defendant demurs on the ground that FAC fails to state sufficient facts because pursuant to Insurance Code §11580.2 the action must be referred to arbitration. Ins. Code §11580.2 concerns uninsured/underinsured motor vehicle coverage. Subdivision (f) prov...

Excerpt: ... Procedure § 430.41(a). Such declaration was filed on 11/16/18. Defendant's request for judicial notice, which attaches an unpublished federal case, is unopposed and is granted. Neither published nor unpublished federal district court opinions are binding precedent on this court, although they may be persuasive. (Futrell v. Payday California, Inc. (2010) 190 Cal.App.4th 1419, 1432, fn. 6; Landmark Screens, LLC v. Morgan, Lewis, & Bockius, LLP (2...

Excerpt: ...t Isabella Garcia (“Garcia”) dba Alliance Financial's (“Alliance Financial”) (“Defendant”) demurrer to Plaintiff Arthur Dockter's complaint is ruled upon as follows. Defendant's request for judicial notice is granted. In taking judicial notice of these documents, the court accepts the fact of their existence, not the truth of their contents. (See Professional Engineers v. Dep't of Transp. (1997) 15 Cal.4th 543, 590; Steed v. Departmen...

Excerpt: ...aintiffs allege Defendants engage in the "illegal practice of dumping vulnerable nursing facility residents into hospitals." (Third Amended Complaint (TAC) ¶ 1.) .) Plaintiffs allege the California Department of Health Care Services ("DHCS") ordered Pioneer House to readmit Gloria Single after plaintiff was "dumped" at Sutter Medical Center on an involuntary hold. (TAC ¶¶ 6‐7.) Defendant contends that they are not in ...

Excerpt: ...ng 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 Francolin, LLC dba Soaring Oaks RCFE, Francis Kang, and Colin Kang's (collectively “Defendants”) motion for summary adjudication is ruled upon as follows. I. Overview This is an Elder Abuse action. The decedent Josephine Boykin ("Josephine") was a 94 year ...

Excerpt: ...Inc., is also named as a defendant. The causes of action asserted in the case included: (1) failure to pay minimum wages for all hours works, (2) failure to provide rest breaks, (3) failure to indemnify for all expenses, (4) failure to provide accurate itemized written wage statements, (5) unfair competition, and (6) Civil Penalties [under PAGA]. Defendants denied all of Plaintiff s allegations, and alleged that Plaintiff and putative class membe...

Excerpt: ...ber 10, 2018. The Court will consider the grant of a brief continuance of this motion at defendant's request, if necessary, so that they can respond to the evidence presented in this late supplemental declaration. Defendants' Request for Judicial Notice is granted. Plaintiff filed the Complaint on June 5, 2015. This action arises out of an automobile accident that occurred on June 6, 2013. Mission Courier was not served until December 15,...

Excerpt: ...sfied." (Salveter v. Salveter (1936) 11 Cal.App.2d 335, 337.) Defendant's request for costs in the amount of $60 is granted and is to be added to the prior judgment of costs of $465 previously entered on October 19, 2016. After plaintiff initially obtained a judgment on January 18, 2012, it was set aside pursuant to defendant's CCP 473.5 motion on January 23, 2014. (See minute order Department 53, January 23, 2014.) After plaintiff fa...

Excerpt: ...nform the Department 54 Clerk of the same when oral argument is requested pursuant to Local Rule 1.06. In the alternative, Department 54 will honor requests to continue hearings scheduled for 12/12/18 so that parties desiring oral argument may obtain court reporting services through the Court's normal channels. (See Local Rule 1.12.) No hearings, however, will be continued to any date from 12/24/18 through 1/04/19. Any party seeking a continuance...

Excerpt: ...artment 53 Clerk of the same when oral argument is requested pursuant to Local Rule 1.06. In the alternative, Department 53 will honor requests to continue hearings scheduled for 12/12/18 so that parties desiring oral argument may obtain court reporting services through the Court's normal channels. (See Local Rule 1.12.) No hearings, however, will be continued to any date from 12/21/18 through 1/07/19. Any party seeking a continuance must first m...

Excerpt: ...ument is requested pursuant to Local Rule 1.06. In the alternative, Department 54 will honor requests to continue hearings scheduled for 12/12/18 so that parties desiring oral argument may obtain court reporting services through the Court's normal channels. (See Local Rule 1.12.) No hearings, however, will be continued to any date from 12/24/18 through 1/04/19. Any party seeking a continuance must first meet and confer with opposing counsel (or t...

Excerpt: ... argument is requested pursuant to Local Rule 1.06. In the alternative, Department 54 will honor requests to continue hearings scheduled for 12/12/18 so that parties desiring oral argument may obtain court reporting services through the Court's normal channels. (See Local Rule 1.12.) No hearings, however, will be continued to any date from 12/24/18 through 1/04/19. Any party seeking a continuance must first meet and confer with opposing counsel (...

Excerpt: ...other torts, punitive damages are available in FEHA cases. (See Commodore Home Systems, Inc. v. Superior Court (1984) 32 Cal.3d 211, 218‐220.) To obtain punitive damages, however, Scott must plead and prove the elements in CC § 3294. Under that section, punitive damages are available where the defendant is guilty of malice, oppression or fraud. Those terms are defined, respectively, to mean “conduct which is intended by the defendant to caus...

Excerpt: ...s from Oil Consumption Engine Defects including, but not limited to, “excessive oil consumption; improper burning/consumption of abnormally high amounts of oil; premature failure of the engine balance chains; premature failure of the fuel pump plunger seal; fuel leaks into the crankcase; rough running of the engine; engine run‐on conditions; loss of power; rough idle; and/or stalling” which “present a safety hazard and are unreasonably da...

Excerpt: ... before November 1, 2012. (See Second Amended Notice of Motion to Strike, Items 1 ‐ 15) Raley's contends any adverse action that occurred before that date is outside the limitations period for filing a FEHA complaint. A motion to strike may be used to attack any part of a pleading‐even single words or phrases‐ that are "irrelevant, false or improper" or "not drawn or filed in conformity with the laws of this state, a court r...

Excerpt: ... Redacted versions of the summary judgment and the supporting documents were filed on November 6, 2018. (ROAs 24‐26) The redacted information contains Plaintiff's medical information. The redactions are narrowly tailored to only encompass that information. In order to issue the requested order, the Court must find that there is an overriding interest to support the sealing of these records; that there is a substantial probability that the parti...

Excerpt: ...and others. Plaintiff Farhad Hojatoleslami and Defendant Fatemeh are brother and sister. Plaintiffs allege that in February 2000, Plaintiff Farhad Hojatoleslami entered into an oral agreement with Defendants to form a company using funds from his property in Novato (“Novato Property”) to purchase three lots in Fair Oaks (“Fair Oaks Property”). According to the alleged agreement, Plaintiff Farhad Hojatoleslami worked in Defendants' gas sta...

Excerpt: ...�home marijuana cultivation operation. SMUD first noticed Defendant's deposition to be held on November 3, 2017. Defendant did not appear. On January 26, 2018, SMUD filed a motion to compel Defendant's deposition attendance, which was granted. SMUD then noticed Defendant's deposition to occur on March 8, 2018. Defendant again failed to appear. SMUD subsequently moved for issue, evidentiary, terminating, and monetary sanctions. On July 31, 2018, t...

Excerpt: ...tem (collectively “Plaintiffs”). APM was the landlord's property manager. Co‐Defendant Ding Zhang (Zhang) was the landlord. In the operative fourth amended complaint (4AC), Plaintiffs allege they occupied the premises with a Section 8 HUD voucher. They allege a toxic mold infestation as well as other violations of housing laws, and they further allege that there were no timely attempts to repair despite their initial complaints. When repair...

Excerpt: ... against EMSA and others, for age discrimination in violation of FEHA, “Whistleblower Retaliation and Harassment in Violation of FEHA”, disability discrimination in violation of FEHA, national origin discrimination in violation of FEHA, wrongful termination in violation of public policy and defamation. Plaintiff alleges that he was employed by EMSA in an IT position and was threatened with termination or demotion and denied promotions as a re...

Excerpt: ...LLC (2013) 2013 Cal.App.4th 772, "we know of no 'official Web site' provision for judicial notice in California." (See L.B. Research & Education Foundation v. UCLA Foundation (2005) 130 Cal.App.4th 171, 180, fn. 2.) "Simply because information is on the Internet does not mean that it is not reasonably subject to dispute." (Huitt v. Southern California Gas Co. (2010) 188 Cal.App.4th 1586, 1605, fn. 10.) In this elder abuse ...

Excerpt: ... oral contracts. The fiduciary duty claim includes an allegation that the conduct constituting the breach was done with oppression, fraud and/or malice within the meaning of Civil Code §3294. Both contract causes of action include in their respective final paragraphs a claim attorney fees according to proof. Defendants contend the complaint fails to plead facts necessary to establish the existence of malice, fraud or oppression to support an awa...

Excerpt: ...ng on sexual harassment prevention on November 27, 2017, is GRANTED. (See Poseidon Devel., Inc. v. Woodland Lane Estates, LLC (2007) 152 Cal.App.4th 1106, 1117‐18.) In taking judicial notice of these documents, the Court accepts the fact that these articles were published and a hearing was held, but not the truth of their contents. (Id.) Defendant's request for judicial notice in support of her reply as to documents in the Court's file is GRANT...

Excerpt: ... consider plaintiffs' supplemental opposition filed on 11/30/2018 since Code of Civil Procedure §1005 does not provide for the filing of supplemental papers. Factual Background This is a legal malpractice action brought by plaintiffs in pro per Charles and Victoria Yeager. According to the First Amended Complaint (“1AC”), defendants represented plaintiffs beginning in or about June 2009 and according to the moving papers, plaintiffs breached...

Excerpt: ... for other relief” is denied. Plaintiffs'/Cross‐Defendants' City of Elk Grove and the People of California's (“Plaintiffs”) request for judicial notice is granted. The Court received but did not consider the "reply" filed by Cross‐ Defendant Raj Singh. Mr. Singh has no standing to file a "reply" with respect to a motion brought by Defendant. On November 5, 2018, this Court granted Plaintiffs' special motion to strike Def...

Excerpt: ...d, fourth, and fifth causes of action. (ROA 36.) The District now seeks an award of attorneys' fees and costs incurred in bringing the special motion to strike and in bringing this instant motion for fees. The District seeks an award of $9,940 in attorneys' fees and $202.44 in costs incurred in preparing the underlying special motion to strike and this instant motion for fees. A prevailing defendant on an anti‐SLAPP motion is entitled to recove...

Excerpt: ...69(g).) Defendant is a pet supply company with store locations in the State of California. Plaintiffs Olivia Angel and Herman Parker are former employees of Defendant. On June 23, 2015, Plaintiff Olivia Angel ("Plaintiff Angel") filed a Class Action Complaint for Damages ("Complaint") in the Superior Court of California, County of Sacramento against Defendant thereby commencing a putative wage ‐and‐hour class action (the "...

Excerpt: ... the terms and conditions of her employment were governed by a Collective Bargaining Agreement ("CBA") between Delta Dental and the Professional & Clerical Employees Division of Local No. 856 ("the Union). (Id., ¶ 3, Ex. A.) The agreement contained the following provision "No employee or applicant for employment shall be discharged, disciplined, or otherwise discriminated against or denied promotional opportunities because of [.....

Excerpt: ... seek various sanctions against Defendant ZB, N.A. dba California Bank & Trust (“Bank”) for its purported “misuse of the discovery process.” Plaintiffs request monetary sanctions in the amount of $9,840, a contempt sanction, and/or issue sanctions. Alternatively, Plaintiffs seek Bank's further responses to RFAs. 1. Overview On September 20, 2017, Plaintiffs served Bank with Request for Admissions (set one) which included 81 RFAs. Plaintif...

Excerpt: ...of contract, and dual tracking pursuant to the Home Owners Bill of Rights. Civil Code section 2924.11 of the HOBR provides: (a) If a borrower submits a complete application for a foreclosure prevention alternative offered by, or through, the borrower's mortgage servicer, a mortgage servicer, trustee, mortgagee, beneficiary, or authorized agent shall not record a notice of sale or conduct a trustee's sale while the complete foreclosure prevention ...

Excerpt: ...n at the facility, Eskaton Fountain Wood Lodge (hereinafter "the facility" or "EFL") from February 24, 2012, to March 22, 2012. Plaintiffs contend that defendants administered Ativan to Ms. Lovenstein which acted as a chemical restraint and resulted in an overdose, constituting elder abuse. Plaintiffs also make various fraud claims as well as a negligent infliction of emotional distress claim against defendants, Eskaton, Eskaton P...

Excerpt: ...ents and maintained insurance on the Properties, Cenlar wrongfully claimed Plaintiff was in default and force‐placed insurance on the Properties. As a result, Plaintiff alleges his credit was damaged and he was forced to pay penalties for the purported defaults. Plaintiff brings six causes of action against Cenlar for (1) accounting, (2) breach of contract, (3) breach of the covenant of good faith and fair dealing, (4) negligence, (5) Violation...

Excerpt: ...tual Background. This is an elder abuse action which was commenced in 2015. On 8/20/2018 defendants propounded Special Interrogatories, Set Nine (consisting of Nos. 461‐562), on plaintiffs, who served on 10/8/2018 their objections and responses to these interrogatories. On 10/15/2018 defendants promptly commenced their efforts to meet‐and‐confer with plaintiffs' counsel regarding the deficiencies claimed to pervade plaintiffs' objections an...

Excerpt: ...ngful death cause of action. The action arises from the care the Decedent received at Defendants' facility. Defendants move to compel the action to arbitration on the basis that Janice Zacher (the Decedent's sister) signed an arbitration agreement (“Agreement”) in connection with the Decedent's admission pursuant to a California Healthcare Directive (“Directive”) designating her as the Decedent's healthcare agent to make medical decis...

Excerpt: ...ax Inc. and Equifax Information Services, LLC's (collectively “Equifax”) demurrer to Plaintiff Nabil Samaan's first amended complaint (“FAC”) is ruled upon as follows. Overview In this action, Plaintiff alleges that he owns multiple residential properties purchased with different mortgage loans being serviced by co‐defendants Wells Fargo Bank, N.A., Cenlar Agency, Inc. and PennyMac Loan Services, Inc. (“Servicers”). The Servicers re...

Excerpt: ...ral negligence. (FAC p.3 ¶ 10(b).) Plaintiff also alleges that he suffered “emotional distress and racial profiling” and he seeks “57.28 Million Dollars” in damages. (Id. ¶ 14.) Plaintiff attached his original complaint which is essentially a single paragraph in which he claims that he suffered racial discrimination when Defendants would not cash a check he brought in for the full amount. The attached original complaint does not set for...

Excerpt: ...onses. Here the Court finds that the drastic remedy of terminating sanctions, is not warranted at this time. “The sanctions the court may impose are such as are suitable and necessary to enable the party seeking discovery to obtain the objects of the discovery he seeks but the court may not impose sanctions which are designed not to accomplish the objects of the discovery but to impose punishment.” (Caryl Richards, Inc. v. Superior Court (196...

Excerpt: ...allegedly suffered while at Defendant's facility. Dr. Damper refused to comply with the subpoena on the basis that it was not accompanied with either a patient authorization or a Court order. Defendant also issued a subpoena to Costco Wholesale Corp. with respect to Plaintiff's pharmacy orders also related to her claims of injury. Costco refused to respond. Defendant thereafter requested that Plaintiff authorize release of the requested records. ...

Excerpt: ...uch an oversized opposition memorandum. Nevertheless, and despite Defendant's objection, the Court considered the entire reply. In this putative class action, Plaintiff seeks to represent a class of all current and former hourly‐paid or non‐exempt employees who worked for Defendant within the State of California at any time during the period from April 27, 2014 to judgment. Plaintiff propounded special interrogatories 1‐4 which asked fo...

Excerpt: ...e proofs of service in the court's files reflecting timely substituted service on 3/24/16. (See Patterson Decl., Exhs. C, E; see also id., Exh. H [minute order].) As the court explained in its minute order, the proofs of service are entitled to a presumption of validity, (Evid. Code § 647), and Defendants' first motion did not include evidence overcoming that presumption. The court denied the first motion without prejudice, however, and Defendan...

Excerpt: ...igious standards because Defendant allegedly stuns the lambs prior to slaughter. Plaintiffs seek to certify a class of California consumers who purchased the allegedly mislabeled lamb products during the last four years. The parties have agreed to bifurcate discovery into two phases: class certification issues and merits issues. Plaintiffs served a PMQ deposition notice on Defendant which set forth 14 areas of inquiry. (Chase Decl. Exh. I.) The d...

Excerpt: ...t to reconsider its May 4, 2018 decision related to ICC's licensing. ICC summarizes its argument as follows: On October 11, 2018, the First District Court of Appeal issued its decision in the matter of Contractors' State License Bd. v. Superior Court (Black Diamond Electric, Inc.) (Oct. 11, 2018, No. A154476) ___ Cal.App.5th ___ [2018 Cal.App.LEXIS 981, at *1]. The case was published on October 31, 2018. ICC advised the court of this new authorit...

Excerpt: ...igations under the purchase agreement and accompanying master lease. Plaintiffs filed the operative First Amended Complaint on October 5, 2018, alleging causes of action for breach of contract, breach of the implied covenant of good faith and fair dealing, declaratory relief, intentional misrepresentation, rescission, libel, slander, trade libel, intentional and negligent interference with prospective economic advantage, intentional infliction of...

Excerpt: ...pecific categories for testimony or requests for production that will be addressed at the hearing. The parties are also reminded that pursuant to local rules, only limited oral argument is permitted on law and motion matters. *** Plaintiffs' motion to compel defendant General Motors' (“GM”) further responses to the former's Request for Production, Set One, is GRANTED IN PART and DENIED IN PART, as follows. Both moving and opposing counsel fai...

Excerpt: ...e statement in opposition, the court now issues the following tentative ruling. Defendants Sutter Terrace Dental Group and Rae Ann Whitten, DDS' motion for summary judgment or alternatively, for summary adjudication is GRANTED since defendants' moving papers are sufficient to carry their initial burden under Code of Civil Procedure §437c(p)(2) and since plaintiff in pro per failed to carry her burden of producing admissible evidence sufficient t...

Excerpt: ...ring. The parties should be prepared to point to specific admissible evidence which is claimed to show the existence or non‐existence of a triable issue of material fact. *** Defendant City of Sacramento's (“City”) motion for summary adjudication on plaintiff's two causes of action for inverse condemnation and premises liability is ruled on as follows. Moving counsel failed to comply with the mandatory provisions of CRC Rule 3.1350(b), requ...

Excerpt: ...;s ("Admiral") motion for judgment on the pleadings on its entire Cross‐Complaint against Plaintiff/CrossDefendant Ghosia, Inc. dba Sinnister Wheels, dba A N A Motoring Accessories ("Ghosia") is UNOPPOSED but is DENIED. In its action, Ghosia alleges it has a general liability insurance policy with Admiral, but Admiral failed to provide coverage after Ghosia was sued in a personal injury action. Admiral filed a cross‐complaint ...

Excerpt: ...is unopposed. Defendants' request for judicial notice of the Settlement Agreement, which is attached as an exhibit to the FAC, is granted. In taking judicial notice of this document, the Court accepts the fact of its existence, not the truth of its contents. This action arises from the sale of residential property. The parties entered into a Residential Purchase Agreement on or about July 7, 2016. (FAC ¶ 8, Exh. A of Exh. 1.) After a dispute aro...