Excerpt: ...onfer with Plaintiff's counsel via e‐mail only. Defendant's counsel sent a single e‐mail to Plaintiff's counsel requesting Plaintiff to stipulate to removing the claim for punitive damages. Plaintiff's counsel promptly responded declining the request “for the reasons set forth in [the] opposition to [Defendant's] Motion to Strike.” The Court is unclear why Defendant's counsel did not comply with the Court's order and CCP § 435.5, which s...

Excerpt: ...tive PAGA action complaint against defendant Progressive Transportation Services, LLC (“Defendant”) on behalf of himself and Defendant's current and former truck drivers classified as independent contractors. Plaintiff asserted a single cause of action under PAGA, alleging a variety of Labor Code violations stemming from Defendant's alleged failure to properly classify these individuals as employees. Plaintiff has a concurrent motion for leav...

Excerpt: ... 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 ILYM Group, Inc. as the settlement administrator. By this motion, Plaintiff now seeks final approval of: (1) awarding class counsel's attorneys'...

Excerpt: ...escission under her UCL claim and Plaintiff's conclusory claim for punitive damages in her prayer for relief. Under section 436, the court may “[s]trike out any irrelevant, false, or improper matter inserted in any pleading” as well as “all or part of any pleading not drawn or filed in conformity with the laws of this state.” (Code Civ. Proc, § 436, subds. (a) and (b).) Plaintiff's third cause of action for violation of the UCL reque...

Excerpt: ...y 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 over defendants Roy Masters and Alan Masters because said defendants do not have minimum contacts with this state. This action involves a claim by Plaintiffs David Masters and The...

Excerpt: .... Instead, Defendant offered Plaintiff $3,500, which Plaintiff rejected. Plaintiff then retained The Knight Law Group (“KLG”). KLG then associated in as co‐counsel Bryan Altman of The Altman Law Group (“ALG”). Plaintiff filed the action on April 12, 2016. On September 22, 2016, Plaintiff accepted Defendant Hyundai Motor America's CCP §998 offer (“Offer”) in the amount of $68,138.06. Pursuant to the Offer Defendant agreed that it wo...

Excerpt: ...utside the pleading that are judicially noticeable. Blank v Kirwan (1985) Cal.3d 311, 318. Plaintiff, a Human Services Specialist who is African American, alleges the following causes of action against County arising out of an incident in which plaintiff found a flyer on her desk with the letters "KKK" written on the back: 1st cause of action Race Discrimination, 2nd cause of action Harassment, 3rd cause of action Failure to Prevent Haras...

Excerpt: ...f member. Plaintiff, who served as the Legislative Director for Mendoza, was told she was terminated from employment on September 22, 2017, along with Mendoza's chief of staff Eusevio Padilla and his scheduler, Stacy Brown. Plaintiff alleges that at this meeting she discussed the complaints of Mendoza's sexual harassment with Oropeza, the head of Senate Human Resources. After being handed the termination letter, she told Oropeza that :...

Excerpt: ...C and SAC. Defendant Select Portfolio Servicing, Inc. ("SPS") is the loan servicer. On December 18, 2017, a Notice of Default ("NOD") was recorded. A balance of $117,579.25 is owed on the loan. Plaintiff alleges that earlier in 2017 moving party interfered with her efforts to get relief from the "Keep Your Home California" ("KYHC") principal forgiveness program with regard to her property located at 9980 Wyland Dri...

Excerpt: ... plaintiff's health, strength and activity, sustaining injury to plaintiff, and shock and injury to plaintiff's nervous system and person, all of which said injuries have caused and continue to cause plaintiff severe emotional distress and nervous pain and suffering, in an amount to be determined and according to proof at trial.” (First Amended Complaint, ¶ ¶ 13, 16, 21, 25, 32, 39.) In its notice of motion and motion, Defendants explain: The...

Excerpt: ...ction was initiated on June 21, 2016 and alleges a date of injury of August 6, 2014 (Complaint, ¶ 5). Plaintiffs filed an action against Hyatt alleging they suffered personal injuries when one of the elevators fell several floors and became stuck between two floors. Hyatt seeks to adjudicate the 6th and 7th causes of action in its First Amended Cross‐complaint. Hyatt contends that the express indemnity clause in the parties' agreement requ...

Excerpt: ...re are two named plaintiffs, Jimboy's Marketing, Inc. ("JMI") and BGI. BGI is the only moving party. Plaintiffs allege that for many years, JMI acted as an area franchisor for Jimboy's Tacos restaurants under a Master Franchise Agreement with non‐party Jimboy's Tacos, Inc. Opposing Defendant Jimboy's North America ("JNA"), is the successor to Jimboy's Tacos, Inc. In 2012, JMI and JNA entered into a Transition...

Excerpt: ...e equitable powers of the court to remedy extrinsic fraud in service. Civil Code section 1788.61 provides: (a)(1) Notwithstanding Section 473.5 of the Code of Civil Procedure, if service of a summons has not resulted in actual notice to a person in time to defend an action brought by a debt buyer and a default or default judgment has been entered against the person in the action, the person may serve and file a notice of motion and motion to set ...

Excerpt: ...served by posting if upon affidavit it appears to the satisfaction of the court in which the action is pending that the party to be served cannot with reasonable diligence be served in any manner specified in this article other than publication and that: (1) A cause of action exists against the party upon whom service is to be made or he is a necessary or proper party to the action; or (2) The party to be served has or claims an interest in real ...

Excerpt: ...sting oral argument. Defendant Derek Taggard, M.D.'s Motion for Leave to File an Amended Answer to the Complaint is granted. Plaintiff John William Rose, III filed the instant complaint 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 acc...

Excerpt: ... time of requesting oral argument. Plaintiffs/cross‐defendants Demurrer to the Cross‐Complaint is overruled. Plaintiffs and defendants are neighbors. The Kirkwoods' property is behind the Adams property in Orangevale, CA. The Adams' access road provides an easement access for the Kirkwoods property. The Cross‐complaint alleges that the neighbors relationship went sour after the Kirkwoods started filing complaints with the building d...

Excerpt: ...te chosen at the time of requesting oral argument. Defendant Los Rios Community College District's Demurrer to the 1st Amended Complaint is ruled on as follows: Plaintiff filed this lawsuit on July 23, 2018. Plaintiff filed a First Amended Complaint ("FAC") on July 27, 2018 against the District, Hoyt Fong and the Los Rios College Federation of Teachers Union ("LRCFT Union"), alleging seven causes of action for: (1) Unruh Civil...

Excerpt: ...aring date chosen at the time of requesting oral argument. Defendant Raley's Demurrer to the First Amended Complaint of Plaintiffs Alysse Maryland and Sharona Voyles Broughton is sustained as follows: Plaintiffs filed their initial Class Action Complaint on April 9, 2015 seeking to represent a class of pregnant store employees beginning on April 9, 2011, four years prior to the date of filing. (Compl. ¶¶ 4, 42.) On July 18, 2018, Plaintiffs...

Excerpt: ...ndant the California Grange Foundation's (“Foundation”) motion for judgment on the pleadings is ruled upon as follows. Overview This case arises indirectly from a dispute between a national fraternal organization ("National Grange") and individuals formerly operating its subordinate, constituent unit in plaintiff the California State Grange. On April 5, 2013, the National Grange revoked the State Grange's charter and restored it, ...

Excerpt: ...e of requesting oral argument. Plaintiff's Notice of Motion and Motion for Preliminary Approval of Class Action Settlement is unopposed and is granted, as set forth below. Plaintiff Takeese Williams ("Plaintiff") seeks preliminary approval of the Joint Stipulation of Class Action and PAGA Settlement and Release ("Settlement," "Agreement," or "Settlement Agreement") entered into by and between Plaintiff, individ...

Excerpt: ...es 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 alleges that she contacted “Defendants” for foreclosure alternatives. However, “Defendants” were nonresponsive, nor did they provide a contact for Plaintiff to speak to regarding a loan modification or other foreclosure alternatives. When Pla...

Excerpt: ... in Department 53 instead of Department 54. As a result of the error, defense counsel was not permitted to argue in Department 54 on 10/15/18, and the tentative rulings automatically became the court's orders. In the interests of justice, defense counsel will be permitted to appear for oral argument. The tentative ruling on Plaintiff's motions to strike supplemental witness designation and to quash deposition notice is reprinted below and...

Excerpt: ...al Masonry Builders, Inc.'s demurrer to Plaintiff Bay Cities Paving & Grading, Inc.'s first amended complaint (“FAC”) is ruled upon as follows. In this action, Plaintiff alleges that it entered into a joint venture (“Bay Cities/Myers JV”) with C.C. Meyers, Inc. (“CCMI”) to bid and construct the Hillcrest Project for CalTrans. The Bay Cities/Myers JV won the bid and entered into a prime contract with CalTrans. Plaintiff and CCMI indivi...

Excerpt: ...ed as his treating nurse through Sacramento County Correctional Health Services and discriminated against him and denied him medical services. The Court would note that it previously overruled Defendant's demurrer to the first cause of action for negligence in the original complaint, sustained the demurrer without leave to amend as to the second cause of action for IIED and sustained the demurrer with leave to amend as to the third cause of actio...

Excerpt: ...trict” or “SCUSD”), Matthew Schlager (“Schlager” or “Asst. Principal Schlager”), Iyuanna Pease and Mirna Perez (collectively “Defendants”) is OVERRULED in part and SUSTAINED in part. The court takes judicial notice of the Claim for Damages (Claim) filed with the District on or about 7/28/17. The document is an official record. Although neither side filed a request for judicial notice of the document, both sides submitted a copy ...

Excerpt: ...after “2017 litigation”) in which Plaintiffs unsuccessfully alleged the same facts and also some of the very same causes of action. In fact, as the Court noted at the time, “[this] lawsuit is verbatim identical to the Complaint filed in the prior litigation. The primary difference between the two lawsuits is that here Plaintiffs sue Cornerstone Valuation as the sole named Defendant, while in the first action, they sued [Cornerstone's counse...

Excerpt: ...t Defendants who were in his supervisory chain of command created false probationary reports indicating that his 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. Plaintiff also claims that he raised numerous litigation strategy questions and raised issues regarding unethical, improper and unlawful conduct. He alleg...

Excerpt: ... (collectively “Defendants”) for summary judgment or, in the alternative, summary adjudication of issues is GRANTED in part and DENIED in part. Defendants' request for judicial notice of the first amended complaint (FAC) is GRANTED. Defendants' objection to Plaintiff Lisa Stellmacher's (Stellmacher) Notice of Errata, which contains pages missing from deposition transcripts cited in the opposition, is OVERRULED. Because Defendants possessed th...

Excerpt: ...ejects Defendant's argument that the motion be denied because it was served on October 29, 2018, by regular mail which only provided 16 Court days' and 4 calendar days' notice rather than the 16 Court day's and 5 calendar days' notice required by CCP § 1005(b). Indeed, as seen from the reply, the POS showed proof of service by overnight mail on 10/29. The fact that it was not received until 10/31 is not determinative. Indeed, service is complete...

Excerpt: ...tective order is denied. This action involves a dispute over unpaid attorneys' fees between Plaintiffs and Defendant. The Court notes that it granted Defendant's special motion to strike Plaintiffs' complaint on August 2, 2018. Defendant's cross‐complaint for conversion, fraud and money had and received remains pending. Plaintiffs move to disqualify Defendant's counsel on the basis that counsel has an irreconcilable conflict of interest after a...

Excerpt: ... ("SPA"). In the First Amended CrossComplaint ("FACC"), Martinez alleges that Alhambra is the one that breached the SPA. Martinez's FACC also alleges that he and Alhambra entered into a written Offer to Compromise Alhambra's known claims against Martinez in exchange for Martinez paying $100,000 to Alhambra. Martinez allegedly paid the $100,000 to Alhambra pursuant to the Offer to Compromise, which Alhambra accepted, and Al...

Excerpt: ...ssed Appellant's claim. (Weiland Decl. ¶ 7, Exh. B ¶¶ 1‐6.) A Berman hearing never took place. (Weiland Decl. ¶ 7, Exh. B ¶ 9.) On September 27, 2018, Appellant filed a Notice of Appeal of the Labor Commissioner's dismissal with this Court, which was filed 21 days after the Notice‐Investigation Completed indicating the dismissal was served. (Weiland Decl. ¶ 7, Exh. B ¶¶ 1‐6, Exh. C ¶ 8, Exh. D ¶ 10.) Parenthetically, the Californi...

Excerpt: ...cted 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. 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 was filed on 6/11/2018 by plaintiff Voogd against SFM, which operates a “Sprouts Farmers Market,” and one of its...

Excerpt: ...l Defendant to produce documents in response to Plaintiffs' Requests for Production Sets Four and Five. RFP Set Four RFP Nos. 96‐97 RFP No. 96 seeks “All DOCUMENTS sufficient to show the total RUG distribution of all patients in YOUR subacute unit during the period of January 1, 2012 ‐ December 31, 2014.” RFP No. 97 seeks “All DOCUMENTS sufficient to show the total RUG distribution of all patients in YOUR non‐subacute unit during the ...

Excerpt: ...7, 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. In order to finance the purchase, Plaintiff executed an Installment Note as well as a deed of trust in favor of Defendants covering the property to secure the Note. Pursuant to the terms of the Note, Plaintiff agreed t...

Excerpt: ...r 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. Opposing counsel failed to comply with CRC Rule 3.1110(b)(3)‐(4). Factual Background This is a personal injury action. Plaintiffs Seanne and Steven Villanueva allege that Seanne has worked as a graphic designer for California Professional Firefighters since 1986 and durin...

Excerpt: ...ment 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 failed to comply with CRC Rule 3.1110(b)(3)‐(4). Factual Background This is a lemon law case relating to a 2010 Chevrolet Equinox purchased by plaintiffs. The complaint asserts cause...

Excerpt: ...years has elapsed from the commencement of the case and from the time summons and complaint was served on defendant Talani, dismissal is mandatory. CCP 583.210 provides (a) The summons and complaint shall be served upon a defendant within three years after the action is commenced against the defendant. For the purpose of this subdivision, an action is commenced at the time the complaint is filed. (b) Proof of service of the summons shall be filed...

Excerpt: ...ion, p. 1.) Citation to the federal rules of civil procedure do not inform this Court's law and motion practice, which is governed by State statutes, set forth in the Code of Civil Procedure and the Rules of Court, inter alia. Nonetheless, this does not, by itself, mandate denial of the motion. Defendant Kalin Williams requests the court take judicial notice of several documents filed with the Seminole County Family Court, Case No. 2016DR0048...

Excerpt: ...ing, Inc. Cholakian seeks the Court's determination pursuant to Civil Procedure Code sections 877 and 877.6(a) that the settlement was in good faith, The complete settlement agreement is lodged separately under seal. (see ruling on Motion to Seal) Elaine McDonold, a driver for Silva Trucking ("Silva"), was involved in a head‐on collision with Debra Hackett, who was driving a bus. The injuries to Hackett were significant. Silva was i...

Excerpt: ... and Willis Ward (the “Wards”) allege that in November and December 2015, Ahryah was subjected to inappropriate and abusive sexual contact by two fellow female students enrolled in the afterschool program at St. Hope Public School #7. On 9/11/2018, the Court granted Defendants' motion for summary judgment. Specifically, the Court found that it was undisputed that Ahryah admitted to a social worker with Child Protective Services that she was n...

Excerpt: ...concerns the 7th cause of action only and does not effect the remaining causes of action. Defendants' Evidentiary Objections to the Declaration of Jill Telfer are sustained. The Court does not consider extrinsic evidence in ruling on a demurrer. A demurrer “tests the pleadings alone and not the evidence or other extrinsic matters.” (SKF Farms v. Superior Court (1984) 153 Cal.App.3d 902, 905.) The only issue involved in a demurrer hearing ...

Excerpt: ...hat if officers, directors or persons having charge of the entity's assets or the agent for service of process of the corporation cannot be located with reasonable diligence, the party wishing to serve the corporation with process may apply to the Court for an order allowing service of the summons via the Secretary of State: “If an agent for the purpose of service of process has resigned and has not been replaced or if the agent designated cann...

Excerpt: ... Court's tentative ruling system, as required by California Rule of Court 3.1308 and Local Rule 1.06(D). Moving party is directed to contact non‐moving party forthwith and advise of Local Rule 1.06(D) and the Court's tentative ruling procedure. If moving party is unable to contact non‐moving party prior to hearing, moving party shall be available at the hearing, in person or by telephone, in the event non‐moving party appears without follow...

Excerpt: ... which substantiates her claims that (1) no payment on the TPP was due in February 2018 and (2) she made all the payments required under the TPP, while defendant Wells Fargo Bank (“Bank”) was directed to submit documentary evidence which substantiates its claims that (1) plaintiff's February payment was returned for insufficient funds and (2) plaintiff herself requested to cancel the TPP payment due on March 1st. The court received Bank's sub...

Excerpt: ...ent that occurred on September 8, 2015. (UMF 1.) There were two individuals involved in the accident: Plaintiff and Defendant Oregel. (UMF 2.) Defendant Rivera, the moving party, was added as a defendant by Doe Amendment on October 19, 2017. (UMF 3.) It is undisputed that Defendant Rivera was not involved in the accident giving rise to this action. (UMF 4.) Defendant Rivera's client is Defendant Oregel; Defendant Rivera is not the insurance agent...

Excerpt: ...d. This is an elder abuse action. Plaintiff George Merchant, by and through his successor in interest, Nica Gauff (“Plaintiff”) alleges that George Merchant (“Decedent”) was transferred from Kaiser Hospital to Capital Transitional Care on August 3, 2015. Plaintiff alleges that while in the care of Capital Transitional Care, he was neglected and abused by the staff, which caused him to suffer from an infection, pressure ulcers, bruising, d...

Excerpt: ...ant Wells Fargo Bank, N.A.'s (“Defendant”) demurrer to Plaintiff Maureen Singh's (“Plaintiff”) complaint is ruled upon as follows. The Court did not consider Plaintiff's request for judicial notice in ruling on the demurrer. Overview This is a non‐judicial foreclosure action. Plaintiff alleges that in June 2016, she took out a Federal Housing Administration Loan (“FHA Loan”) in the amount of $242,526, which was secured by a Deed...

Excerpt: ...holly separate from the allegations in the Complaint, Plaintiffs submitted to GM a claim for personal injuries on behalf of their minor daughter, whom they contend sustained an injury caused by the Suburban's running boards in October 2017. GM responded to that personal injury claim and attempted to resolve it with Plaintiffs, but the parties could not reach an agreement. This action does not involve a personal injury claim, and Plaintiffs' minor...

Excerpt: ...dicate Defendant's confidential home address. Defendant contends she is a participant in the Safe at Home confidentiality program as she is the victim of domestic violence and protection of her home address is necessary to protect the safety of herself and her daughter. Under California Rules of Court, rule 2.551, a record must not be filed under seal without a court order. (Cal. Rule of Court, Rule 2.551(a).) The Court may order that a record be...

Excerpt: ... home located at 6126 Brahms Court, Citrus Heights, CA 95621, when decedent was improperly and illegally detained by law enforcement officers. Decedent was later shot and killed by these officers … who were employed by County of Sacramento[.]” (Compl. ¶ 6.) On May 14, 2018, the Court granted County's Motion for Protective Order to preclude the videotaped deposition of Sacramento County Sheriff Scott Jones and accompanying document reques...

Excerpt: ...mericans were constructively discharged and replaced with Hispanics, mostly employees from Mexico. The Court notes that Plaintiff's separate statement does not comply with CRC Rule 3.1345(c). The motion also fails to specifically identify the interrogatories at issue as required by CRC Rule 3.1345(d). However, given that only 2 interrogatories are at issue, the Court will rule on the merits of the motion. At issue are for the following specia...

Excerpt: ...ent where plaintiff Iris Perez, a student at Cosumnes River College, was kissed without her consent by her counselor. Plaintiff filed her First Amended Complaint on July 27, 2018, against the District, Hoyt Fong (the counselor), and the Los Rios College Federation of Teachers Union ("Federation"), alleging seven causes of action for: (1) Unruh Civil Rights Act (as to the District and Fong); (2) Conspiracy (as to all Defendants); (3) IIED ...

Excerpt: ...otice. Here, Foster served and filed his joinder by mail on October 5, 2018. CCP §473c(a) requires 80 calendar days' notice for a motion for summary judgment served via mail. Thus, only 46 calendar days' notice was provided for Foster's joinder. This is a medical malpractice action. On 5/16/2014, Plaintiff fell at work. She presented to Cohen with complaints of severe left shoulder pain, complaints of left hand/upper arm/elbow pain, complaints o...

Excerpt: ...se Home Finance, 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 ...

Excerpt: ...l defendant California Department of Corrections and Rehabilitation's (“CDCR”) further responses to Requests for Production, Set Two (“RFP”), is GRANTED IN PART, as follows. Plaintiff's notice of motion again does not provide notice of the Court's tentative ruling system, as required by Local Rule 1.06. Moving counsel is directed to contact opposing counsel and advise him/her of Local Rule 1.06 and the Court's tentative ruling procedure a...

Excerpt: ...ernal EEO complaints brought by other employees. Plaintiff alleges that after participating in these interviews and 25 additional acts of protected activity, she was retaliated against in violation of FEHA and other statutes and denied promotions that were given to younger non‐African American candidates that had not complained or participated in protected activities. Plaintiff's deposition was initially set for August 16, 2017. The deposition ...

Excerpt: ...�) in December 2015. The Plaintiffs are 11 adults who reside or resided at the property and allege causes of action for failure to provide habitable dwelling, breach of covenant and right to quiet enjoyment, nuisance and negligence. NBS moves for a good faith determination of a settlement it reached with Plaintiffs Albert McKinley and April Hullaby for $24,000. Mr. McKinley is to receive $15,000 and Ms. Hullaby is to receive $9,000. In considerat...

Excerpt: ...ich Ascentium loaned CrossDefendant money for the purchase of veterinary equipment for a build‐out of its business. Ascentium also alleged a cause of action against Susan Davis and Custom K9 Services, LLC for breach of written guaranties of the EFA. The FACC alleges causes of action for breach of oral contract and fraudulent inducement. Only the breach of oral contract cause of action is asserted against Ascentium. Cross‐Complainant attached ...

Excerpt: ...collectively “Defendants) is SUSTAINED with and without leave to amend. Defendants' request for judicial notice of court documents and recorded land documents is DENIED because the documents are not relevant to the court's ruling. Overview This is a nonjudicial foreclosure case. The plaintiff is Yelena Markevich (Markevich). Markevich alleges that she is the debtor on the promissory note, that she is in possession of the property, and that ...

Excerpt: ...) is OVERRULED. Defendants' request for judicial notice of two written contracts referenced in the complaint is GRANTED, but only as to the contracts' existence and terms, not the terms' meanings. Although a court may take judicial notice of documents cited in a pleading, Defendants tender the contracts in part so that the court will construe them in the course of ruling on the demurrer. It is inappropriate for a court to take judicial notice for...

Excerpt: ...r pregnancy and disability discrimination in violation of FEHA, failure to accommodate in violation of FEHA and wrongful termination and retaliation in violation of FEHA. Plaintiff alleges that she began working for Defendant as an Associate Government Program Analyst around July 31, 2014. (FAC ¶ 9.) She alleges that on June 24, 2016, she went on pregnancy leave and later disability leave. Plaintiff allegedly attempted to return to work on June ...

Excerpt: ...� (Agreement) between Plaintiff and Defendant Khara whereby Defendant Khara allegedly agreed to pay Plaintiff $25,000 to find an owner of real estate willing to sell real property to Defendant Khara. Defendants demur to all causes of action except the first cause of action for breach of contract. Second Cause of Action (Fraud‐Against Defendant Khara) Defendant Khara's demurrer is overruled. The elements of fraud “are (a) misrepresentation (fa...

Excerpt: ...endant”) anti ‐SLAPP motion in order to conduct discovery is denied. The filing of an anti‐SLAPP motion automatically stays "[a]ll discovery proceedings." (§ 425.16, subd. (g).) To justify lifting the discovery stay, the plaintiff must demonstrate that the proposed discovery is both necessary in the context of the issues raised by the anti‐SLAPP motion and must explain what facts the plaintiff expects to uncover. ( 1‐800 Contac...

Excerpt: ... abuse/wrongful death action, defendants have issued a records subpoena to CRM seeking “Any and all documents (lease, complaints, information re cockroach infestation, documents from or to and/or correspondence from/to Adult Protective Services, communications from APS…, etc.) related to a home rental located at 3420 San Jose Way, Sacramento, CA 95817, during plaintiff[] Evelyn Gurion['s]…residency period (mid 2014).” Moving Papers. Plain...

Excerpt: ...ining dispute is request no. 14. Request no. 14 states: “Any and all DOCUMENTS, including but not limited to drafts, notes, memoranda, hand‐ written or typed, e‐mails, or text messages, that PERTAIN TO the September 17, 2014, Faculty Meeting. (Names may be redacted to protect third‐party privacy.)” Defendant served objections to the notice of deposition, which included objections based on attorney‐client privilege, attorney‐work pro...

Excerpt: ...ctions after this ruling becomes final. Plaintiff Adriane Johnson alleges claims for employment discrimination, harassment, retaliation, and related claims against Regents and her boss, individual defendant Vincent Johnson. Because the plaintiff and defendant share the same last name, the ruling will refer to them as Adriane and Vincent, respectively. Adriane's First Amended Complaint ("FAC") alleges claims for hostile work environmen...

Excerpt: ... a $139,500 secured loan made by New Century Mortgage Corporation to plaintiff Roddie McElhaney (“Plaintiff”) on May 23, 2003. The Deed of Trust was assigned to defendant U.S. Bank on June 10, 2013. On November 1, 2011, defendant Ocwen began servicing the loan. Between late 2011 and 2013, Plaintiff failed to make timely mortgage payments on multiple occasions, and refused to pay certain fees imposed in connection with her failure to obtain ha...

Excerpt: ...tion does not comply with Code of Civil Procedure §1010 or CRC Rule 3.1110(a). Plaintiff failed to comply with CRC Rule 3.1110(b)(3)‐(4). The court notes that plaintiff paid only one $60 filing fee in connection with these motions, although it seeks at least two (2) different orders (i.e., reconsideration/clarification and a stay of enforcement). A separate filing fee is required for each. (Gov. Code §70617(f).) No later than 11/16/2018, plai...

Excerpt: ...is lawsuit to stifle competition. Plaintiffs contend Defendant was named in the Complaint only in the Unfair Business Practices cause of action for having allegedly conspired with Allen and Novak to unfairly compete with AdverMail and ClickSmart by diverting customers and funds away from the companies. Goldsmith contends he was named in each cause of action, including the 2nd cause of action for violation of the Uniform Trade Secrets Act, at Civi...

Excerpt: ... consider the Moua Declaration filed in opposition to this demurer since such extrinsic evidence is beyond the permissible scope of a demurrer, where the court's consideration is limited to those facts alleged in the challenged pleading and those for which judicial notice is both requested and granted. Factual Background This action arises out of a commercial construction site injury whereby a worker fell through the roof and died. Plaintiffs are...

Excerpt: ...�) is SUSTAINED in part and OVERRULED in part. Overview This case presents a hybrid business dispute and attorney‐client dispute. Plaintiff Eric White's (White) first amended complaint (FAC) contains allegations that Burton misused his position as legal advisor to engage in self‐dealing. White alleges that the other Attorney Defendants abetted the scheme. Although the allegations describe a somewhat intricate series of transactions involving ...

Excerpt: ... aiding and abetting a FEHA violation, harassment and failure to prevent harassment, and IIED. The Court overruled Defendant's previous demurrer to the first through fourth causes of action and sustained the demurrer as to the fifth and seventh causes of action for harassment and IIED. The Court overruled the demurrer to the sixth cause of action for failure to prevent to the extent it was premised on a failure to prevent discrimination and retal...

Excerpt: ... Larry Stauffer's diagnosis of and resulting death from lung cancer following over 40 years of employment with Defendant. Defendants' motion for summary judgment and alternative motion for summary adjudication are DENIED as follows. Request for Judicial Notice Defendant's request for judicial notice is unopposed and granted. Factual Background Decedent Larry Stauffer (“Stauffer”) worked as a conductor/brakeman for Defendant for over 40 years ...

Excerpt: ...cramento River Cats' manager of the visitor clubhouse during the 2014 and 2015 baseball seasons. Plaintiff alleges causes of action for, among other things, race discrimination and harassment, retaliation, wrongful termination, failure to pay wages, and failure to provide meal and rest periods. Plaintiff noticed and took the deposition of Wayne Williams. Plaintiff's counsel also represents Williams and he brought suit against Defendant in another...

Excerpt: ...ng, M.D. pursuant to CCP § 425.13. Plaintiff alleges that she is a breast cancer survivor who underwent reconstructive breast surgery on February 1, 2016 to address her double mastectomy after a series of consultations and treatment with Dr. Wong. She claims that she was prepared for and counseled to receive implants of a certain size and authorized and consented to Dr. Wong implanting those specific implants. She claims that while she was uncon...

Excerpt: ... is GRANTED. The discovery and motion cut‐offs are RESET based on the existing trial date of 3/4/2019. Crisan commenced this employment action in April 2014. (Because the matter was transferred to this county from Butte County Superior Court, the Sacramento County Superior Court case no. indicates 2015 instead of 2014.) Crisan filed the first amended complaint (FAC) in July 2014. The causes of action in the FAC were disability discrimination un...

Excerpt: ...4/18 plaintiff Taylor filed a memorandum of costs claiming attorney fees in the amount of $6,164 and costs of $137 pursuant to Labor Code §98.2(k), providing that a judgment creditor in an action on a complaint with the Labor Commissioner is entitled to court costs and reasonable attorney's fees for enforcing a judgment rendered pursuant to this section. WSH thereafter filed a motion to tax the fees and costs, which was ultimately granted on 7/3...

Excerpt: ...ting time penalties, gratuity violations, unfair business practices, and PAGA. Plaintiff seeks to represent a putative class of all persons who worked for Defendant as a poker dealer during the statutory period. This action has not yet been certified. Plaintiff contends that two days after being served with the Summons and Complaint, Defendant obtained general releases from approximately 201 of its employees (including 53 of the 73 Poker Dealers ...

Excerpt: ...l Rule 1.06(d) nor provides adequate notice of the tentative ruling system.) Moving counsel is directed 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. 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. The notice of motion also does not comply with C...

Excerpt: ...equent September 25, 2018, Order that Wong respond to Mand's requests for production by October 10, 2018. On August 6, 2018, this Court granted Mand's unopposed motion to compel responses to request for production of documents, set one. Wong was ordered to serve verified responses, without objections, to the discovery by August 20, 2018. Wong did not serve verified written responses. (Barrett Decl. ¶ 2.) Mand then filed a motion for terminating ...

Excerpt: ...tes (collectively, “Defendants”) demurrer to plaintiff in pro per Judi Lynn Price's First Amended Complaint (“FAC”) is SUSTAINED with leave to amend. The Court declines to consider Plaintiffs' "surreply" filed on November 5, 2018. There is no provision in the Code of Civil Procedure allowing for such a filing. Plaintiff filed her complaint on March 7, 2018, alleging a single cause of action for medical malpractice against Defe...

Excerpt: ...�) Motion for Summary Judgment Or In The Alternative Summary Adjudication is DENIED. This action arises from a real estate transaction. Pro per Plaintiff Carole Clarke (“Plaintiff”), and her husband Brian Clarke (a realtor), sought to do a “short sale” of her residential real property. Clarke's real estate agent, Teresa M. Laine, was to handle the transaction for Clarke. Clarke claims that Laine's wrongdoing in connection with the transac...

Excerpt: ...ral requirements for the filing of motions, including proper notice. Here, Plaintiff served and filed her joinder by mail on October 19, 2018, this provided only 12 court days notice. Additionally, the joinder was not served on Kaiser. The Court disagrees with Defendant that Kaiser's response was not timely served. Kaiser's proof of service shows that its response was served via email and mail on Thursday, October 24, 2018. Defendant'...

Excerpt: ...eling in a safe manner for traffic conditions, and rear ended Plaintiff' s vehicle, causing injuries and damages to Plaintiff. Plaintiff seeks to compel Defendant's further responses to Form Interrogatories, Set One, Interrogatory Nos. 7.1, 12.2, 13.1, 15.1, 16.9, and 20.8. These were served on May 29, 2018. Plaintiff also seeks to compel Defendant's further responses to Demand for Production and Inspection of Documents and Things, Set One, D...

Excerpt: ...to strike punitive damages must be denied for the same reasons the demurrer was overruled. See, e.g. Johnson v. Ford Motor Co. (2005) 35 Cal. 4th 1191. Fraud is a cause of action which provides a basis for punitive damages. Civil Code § 3294. The notice of motion does not provide notice of the Court's tentative ruling system as required by Local Rule 1.06(D). Defendant's counsel is directed to immediately provide notice to Plaintiffs' counsel of...

Excerpt: ...ion. Thus, Weaver is now the only opposing party. Weaver's request for judicial notice of court documents is GRANTED. Overview This is Airco's second motion for good faith settlement. In its ruling on Airco's first motion, the Court rejected most of EFEE's and Weaver's arguments in opposition to the motion. The Court, however agreed with EFEE and Weaver that Airco's failure to assign values to its obligation to cooperate with, and ass...

Excerpt: ...in which Plaintiff alleges common counts including account stated and money lent. On December 16, 2016Defendant Ruth A Schafer (“Defendant” or “Schafer”) filed a form Answer, which included a box that was checked so as to reflect a general denial. On July 5, 2018, the Court granted Plaintiff's unopposed motion to have its requests for admissions deemed admitted as against Defendant. When the moving party is the plaintiff, there is only on...

Excerpt: ...Courtney Lee Shinn's demurrer to Plaintiff Edith Montanez's first amended complaint (“FAC”) is ruled upon as follows. Defendant's request for judicial notice is granted with the exception of Exhibits O and P (Google search results for the terms “cleanouts” and “cleanout inspection.”) 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. Deu...

Excerpt: ...Water Co. (1941) 44 Cal.App.2d 61, 68 [recorded land documents, not contracts, are the subject of judicial notice on demurrer].) The court, however, does not accept the truth of any facts within the judicially noticed documents except to the extent such facts are beyond reasonable dispute. (See Poseidon Devel., 152 Cal.App.4th at 1117‐18.) see also Fontenot v. Wells Fargo Bank, N.A. (2011) 198 Cal.App.4th 256, 265 (“[A] court may take judicia...

Excerpt: ... GRANTED in part and DENIED in part. Judicial Notice Broker's request for judicial notice of the FAC is GRANTED. Broker's further request for judicial notice of three written agreements is DENIED. Plaintiffs Jose Martinez (Martinez), Alejandro Marquez (Marquez) and Jesus Amezcua (Amezcua) (collectively “Plaintiffs”) attached several documents to the original complaint and characterized those documents as agreements supporting their allega...

Excerpt: ...intiff in reply, Defendant yet again failed to serve Plaintiff with the opposition papers and Plaintiff only obtained the opposition from the Court's on‐line case file. This Court has previously admonished Defendant for such tactics and directed Defendant to ensure Plaintiff is properly served with documents. Though Defendant has again failed to do so and while the proof of service on the opposition is yet again highly suspect, the Court re...

Excerpt: ...urder trial. (See Bourdon Decl., ¶ 2‐4.) On or about 11/01/13, Bourdon learned that while plaintiff herein Frank Dearwester (Dearwester) was incarcerated on unrelated charges, Dearwester heard a third party confess to the crimes of which Ortez was accused. (Id., ¶ 5.) Bourdon's investigator interviewed Dearwester on 11/15/13. (Compl., ¶ 12.) On the investigator's request, Dearwester mailed documents related to the Ortez matter to the investi...

Excerpt: ...has been one for motor vehicle negligence. Among the defendants are One Call Medical, Inc. (NJ) dba One Call Care Management, and Zonecare USA of Delray, LLC (FL) dba One Call Care Transport + Translate (collectively “One Call”) (sued as One Call Care Management, One Call Medical, Inc. and Coral Acquisitions, Inc.). Shacklefoot alleges that “One Call provides services to the workers' compensation insurance industry [… including…] transp...

Excerpt: ...and SUSTAINED in part with leave to amend. The Parker Declaration and the attached copy of a minute order entered in another department of this court are STRICKEN. The court may not consider evidence on demurrer. Judicial Notice Broker's request for judicial notice of the FAC is GRANTED. Broker's further request for judicial notice of three written agreements is DENIED. Plaintiffs Jose Martinez (Martinez), Alejandro Marquez (Marquez) and Jesu...

Excerpt: ...mes of Northern California, L.P. (collectively “Defendants”) to compel arbitration is GRANTED, and the civil action is STAYED, as follows: Defendants' request that the court disregard the opposition as untimely is DENIED given the absence of prejudice. Plaintiff Alison Adkison (Plaintiff) filed this employment dispute in March 2018. Defendants contend that Plaintiff must arbitrate her legal claims against them. They have produced two written ...

Excerpt: .... The matter was continued at the hearing solely to allow the Court to consider the reply brief. Having now considered that brief, the Court issues the following ruling. In this action Plaintiff alleges causes of action for fraud, negligent misrepresentation and wrongful foreclosure. Plaintiff alleges that he purchased a commercial property in Old Sacramento in July 2014. He alleged that he worked with Defendant Sperry and Sons Capital Investment...

Excerpt: ...smiss for failure to amend complaint within time permitted by the court is denied. CCP 581(f)(2) On September 4, 2018, the Court's tentative ruling was to sustain Defendants' Demurrer without leave to amend. However at the hearing Plaintiff had retained an attorney who requested one additional chance to amend the causes of action. The Court granted Plaintiff's request, and allowed Plaintiff ten days leave to amend the Complaint. The p...

Excerpt: ...nduct which is claimed to constitute harassment, discrimination, retaliation, intentional infliction of emotional distress (“IIED”) and/or a refusal to accommodate plaintiff's need to pump during work hours breast milk for her child. Among other things, defendant Matchell is claimed to have disclosed to a co‐worker that plaintiff was pregnant; made derogatory comments about plaintiff's hair, makeup, tattoos, piercings, weight fluctuations, ...

Excerpt: ... which of the objections to evidence will be addressed at the hearing. 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. *** Defendants The Permanente Medical Group, Inc. (“TPMG”) and Sue Matchell's motion for summary adjudication on each of plaintiff's eight causes of action is GRANTED IN PART and DENIED IN PART, as follows. ...