Excerpt: ... 40.) The Court does not have any record that Plaintiff has obtained new counsel. Accordingly, Plaintiff is currently proceeding in pro per. In this personal injury action, Defendant served Plaintiff with three separate deposition notices on October 2, 2017, again on November 13, 2017, and finally on December 6, 2017. Each time Plaintiff's counsel contacted defense counsel one to three days prior to the scheduled deposition to advise that Pla...

Excerpt: ...st (collectively “Plaintiffs”). In their complaint filed on 8/08/17, Plaintiffs allege that Elliott and others are responsible for ongoing water damage to their property. The complaint contains causes of action for negligence, “Diversion of Surface and Related Waters,” “Diversion of Waters from Natural Watercourse,” trespass, nuisance and declaratory relief. In its answer, Elliott raised statutes of limitations as a defense, including...

Excerpt: ...ants failed to authorize and cover certain brand name medications prescribed by her physician, as required by the Medi‐Cal health plan agreement. Plaintiff alleges that as a result, she suffered a seizure on September 18. 2015, resulting in a severe burn to her hand. Plaintiff filed her original form complaint on September 18, 2018, alleging four causes of action for breach of contract, fraud, general negligence, and intentional tort. After the...

Excerpt: ...ntiff shall be available by COURTCALL, to participate in oral arguments. Defendants Marisela Montes, Cheryl Carlson, and Jennifer Shafer's (collectively, “Defendants”) demurrer to plaintiff in pro per Arthur Austin's (“Plaintiff”) complaint is UNOPPOSED and is ruled upon as follows. The Court has received Plaintiff's Amended Complaint. However, the Amended Complaint was filed on October 3, 3018, which was not prior to Plaintiff's ...

Excerpt: ... regarding relevant Sacramento County Code sections; Ordinance sections of the Sacramento Regional County Sanitation District and Sacramento Area Sewer District; and a Notice of Utility Lien isunopposedand is granted. FACTS As nearly as the Court can ascertain from Plaintiffs' unintelligible Complaint, Plaintiffs (acting in propria persona) allege that they are the owners of real property at 9123 Linda Rio Drive in Sacramento. According to Plaint...

Excerpt: ...arranty Act and the Magnuson‐Moss Warranty Act. The defendant is FCA US, LLC (LCA). Trial is set to commence on 1/29/19. On 8/03/18, the court entered an order directing FCA to produce one or more persons most qualified (PMQ) for deposition on certain topics, as well as to produce documents responsive to requests in the PMQ deposition notice, no later than 8/31/18. (See Oliva Decl., Exh. 4.) The order also directed counsel to meet and confer in...

Excerpt: ...or obtaining injunctive relief in this case. The Court granted a TRO on April 14, 2016. The Court noted in issuing the TRO that "Although the Declaration of Fry is sparse, the court is understandably concerned about dual‐ tracking, and is giving plaintiffs the benefit of the doubt." After several stipulated continuances of the hearing approved by the Court, on August 2, 2016, Judge Rodda entered a Minute Order granting Plaintiffs' r...

Excerpt: ...laintiff as general manager of GPHA. Plaintiff alleges various oral agreements were entered into by him and Gallagher during his employment negotiations wherein Galagher promised Plaintiff he would receive 10% in equity of GPHA as a “sign‐on bonus” plus 2% of sales. Plaintiff also alleges Gallagher later agreed to provide Plaintiff an additional 10% ownership interest in both companies in exchange for Plaintiff forgiving payroll debt and un...

Excerpt: ...nt General Motors, LLC's demurrer to Plaintiffs James and Christine McMenimen's complaint is ruled upon as follows. Overview This is a lemon law action. Plaintiffs allege that on December 28, 2009, they purchased a 2010 Chevrolet Traverse. Plaintiffs allege that in connection with the purchase, the received an express written warranty, including, “the 3‐year/ 36,000 mile basic bumper‐to‐bumper warranty, a 5‐ year/100,000 mile powertrain...

Excerpt: .../2018 the court partially granted plaintiff MyEcheck, Inc.'s (“MEC”) motion for protective order in connection with defendant Maciora's Requests for Production, Set Four (“RFP”). These RFP sought the production of the “valid and effective” copy of the “UBA contract,” “Tangiers Capital contract,” and “Chicago Ventures contract.” The contracts with these three entities are specifically alleged to be the basis for MEC's cause...

Excerpt: ... Enforcement case since October 25, 2017 as a result of the accumulation of trash, junk and debris. City alleges that the Subject Property was the subject of eight previous Code Enforcement cases regarding similar issues. City now seeks a preliminary injunction prohibiting the maintenance of the Subject Property as a nuisance. “To obtain a preliminary injunction, a plaintiff ordinarily is required to present evidence of the irreparable injury o...

Excerpt: ...is faced with yet another serial discovery motion. On May 16, 2018, the Court previously granted Plaintiffs' motion to compel Defendant to produce this specific PMQ and also to produce the documents requested in the PMQ deposition notice. (ROA 115) On July 9, 2018, Plaintiffs deposed the PMQ regarding Plum's organizational structure but the PMQ did not bring all the documents requested in the deposition notice. Specifically Plaintiffs claim that ...

Excerpt: ... court's tentative ruling system, as required by Local Rule 1.06, and does not provide the correct address for Dept. 53/54. Moving counsel is directed to contact plaintiff in pro per 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 plaintiff prior to hearing, moving counsel is ordered to appea...

Excerpt: ...n Brewing Company are the Lessees and Sublessors, respectively according to the terms of the leases. (Declaration of Frenn, Ex. A) Defendants are the sublessees. However, the First Amended Complaint alleges that "Lockdown Brewing Company LLC" is the party to the master lease and the sublease. Defendants therefore contend that "Lockdown Brewing Company LLC" is not the real party in interest because it is not a party to the lease or...

Excerpt: ...nses. DGS opposes on several grounds, including that the motion is actually one for further responses and, therefore, is untimely given the 45‐day rule in CCP § 2031.310. That section provides, in relevant part: (a) On receipt of a response to a demand for inspection, copying, testing, or sampling, the demanding party may move for an order compelling further response to the demand if the demanding party deems that any of the following apply: (...

Excerpt: ...ck and experienced some residual dizziness. Plaintiff was also involved in a motor vehicle accident on March 10, 2016 when he was rear‐ended by a vehicle driven by Lyubov Ponomar in which he suffered injuries to his head and neck and experienced dizziness. Defendants Robert Goff and Airgas, LLC issued six subpoenas seeking Plaintiff's entire medical and billing history from 2006 to present from the medical providers with whom Plaintiff treated ...

Excerpt: ...intiffs were able to file a complete reply. In this personal injury action arising from a July 24, 2015, motor vehicle accident, Plaintiffs propounded their request for production of documents (set two) on Defendant Andrew Moreno. At issue on this motion are Requests 69 and 70 which asked Defendant for all documents relating to any video surveillance, including any sub rosa surveillance, taken of Plaintiffs at any time since July 24, 2015. Defend...

Excerpt: ...f action pled in the third amended complaint. Defendant argues that a declaration is not a proper pleading given that CCP § 422.10 provides that the “pleading allowed in civil actions are complaints, demurrer, answers, and crosscomplaints.” He also argues that a declaration is only allowed as an attachment to a complaint as a verification for a verified complaint. (CCP § 446.) Plaintiff's opposition argues that the attachment is mislabeled ...

Excerpt: ...ing and created unnecessary work for the Court. Defendant initially noticed this motion for October 31, 2018 but included the incorrect law and motion department on the notice. It then apparently filed the identical motion and noticed it for hearing on November 13 and 14 in this department. Defendant wrote a letter to the Clerk requesting that the Clerk drop the November 13, hearing, but never requested that the Clerk drop the October 31, 2018 he...

Excerpt: ...inator was directed to provide the tentative ruling to plaintiff G. Daniel Walker. Appearance is required on November 14, 2018 (this date). Plaintiff G. Daniel Walker shall be available, by COURTCALL, to participate in oral argument on the continuance date. Defendants Mike Marlin's, et al.'s motion to declare Plaintiff a vexatious litigant is ruled upon as follows. Defendants' request for judicial notice is granted. Incarcerated Plaintiff G. Dani...

Excerpt: ... court's tentative ruling system, as required by Local Rule 1.06, and does not provide the correct address for Dept. 53/54. Moving counsel is directed to contact plaintiff in pro per 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 plaintiff prior to hearing, moving counsel is ordered to appea...

Excerpt: ... in the alternative, summary adjudication of issues is GRANTED in part and DENIED in part. Regents' request for judicial notice of court documents is GRANTED. Overview This case presents an employment dispute. The plaintiff and former employee is Mona G. Flores, M.D. (“Dr. Flores” or “Plaintiff”). Regents is the defending former employer. In the operative first amended complaint (FAC), Dr. Flores alleges: “7. On or around October 1, 201...

Excerpt: ...rminated on March 20, 2017, for filling family prescriptions unsupervised, checking himself out unsupervised, and failing to obtain management sign‐offs for family member prescriptions and register receipts. Plaintiff filed his complaint on April 21, 2017, against Raley's and two other individual defendants who have been dismissed from the action. The Complaint alleges the following three causes of action: (1) FEHA/CFRA retaliation and harassme...

Excerpt: ...f the concrete stairs failed, causing him to fall awkwardly and injure his knee, neck, and lower back. By way of this motion, Defendants seek the following relief: a) The appointment of a discovery referee to monitor depositions of defense witnesses, to hear and determine all discovery motions and disputes relevant to said depositions, including those listed below, and to report findings and make recommendations thereon; b) An order prohibiting q...

Excerpt: ...tairs failed, causing him to fall awkwardly and injure his knee, neck, and lower back. Plaintiff previously noticed the depositions of the property maintenance manager, Jon Amaral, the property's principal owner, Peter Afrooz, and the property management company owner, Dick James. During the deposition of Mr. Amaral, defense counsel took the position that Mr. Amaral could not be asked about the prior history of the property, claiming the defe...

Excerpt: ...tion is any written or oral statement or other conduct in furtherance of the exercise of defendants' the constitutional right of petition or the constitutional right of free speech which is protected under Code of Civil Procedure §425.16. Defendants' request for leave to file (after the 60‐day deadline in §425.16(f)) an additional special anti‐SLAPP motion to strike the first three causes of action alleged in the 2AC is DENIED for the same ...

Excerpt: ...ant has filed separate motions to compel regarding the responses provided by both Plaintiffs. It appears that the discovery propounded to both Plaintiff Khaira and Plaintiff Avala were exactly the same, as were each Plaintiff's responses. Moving Defendant Hill Physicians Medical Group has placed the same responses provided by each Plaintiff at issue in both motions. Indeed, Plaintiffs have filed a “consolidated” opposition to the motions, not...

Excerpt: ...]his Motion is made on the grounds that the Complaint on which the Lis Pendens is based does not contain a real property claim." Notice, p. 1, ll. 23‐24. In the instant matter, STGC requests that this court expunge that Notice of Pendency of Action recorded with the Sacramento County Clerk Recorder concerning the real property owned by Barbara Borkowski, located at 2121 Magnum Court, Elverta, CA 95626, on the basis that the Notice of Penden...

Excerpt: ... are litigating over damages. Defendants learned in discovery that Plaintiff obtained treatment from Greater Sacramento Surgery Center (“GSSC”) from Philip J. Orisek, M.D. (“Orisek”). They also discovered that MedFin Manager, LLC purchased the lien on Plaintiff's account. Thereafter they sought to obtain discovery from Orisek the amount MedFin paid Orisek on Plaintiff's account. The meet and confer correspondence indicates that Orisek's c...

Excerpt: ...A's motions are GRANTED as follows. Background For many years, Plaintiff Jimboy's Marketing, Inc. (“JMI”) acted as an area franchisor for Jimboy's Tacos restaurants under a Master Franchise Agreement with non‐party Jimboy's Tacos, Inc. JNA is the successor to Jimboy's Tacos, Inc. In 2012, JMI and JNA entered into a Transition Agreement, in which JMI assigned to JNA 38 franchised restaurants and other assets collectively valued at approximat...

Excerpt: ...f here in numerous other pending lemon law cases between GM and other plaintiffs represented by the same firms involved on the instant motion. The Court has informed the parties that it expects them to engage in further meet and confer efforts to agree on a model protective order to be used in each Lemon Law action between the same counsel and involving the same issues. However, the Court is yet again faced with an identical motion due to the par...

Excerpt: ...viduals to explore the relationships between the corporate defendants and the degree of control exerted over the subject facility for purposes of their alter ego, joint venture, etc. theories. Plaintiffs noticed the depositions on June 26, 2018. Defendants objected to the depositions on various grounds including that the witnesses were apex employees. Plaintiffs indicate that Defendants' counsel stated that they should be able to “work somethin...

Excerpt: ...ments requested in the notice of deposition. Plaintiffs served the notice of deposition for the PMQ on July 18, 2018 noticing the deposition for August3, 2018. The notice sought a PMQ for three subject areas: (1) the general contents of patient charts maintained at the nurse's station for residents at the facility in 2014; (2) the manner in which those charts were maintained; and (3) the manner in which documents in the charts are removed if the ...

Excerpt: ...mons. The Court essentially found that self‐represented Plaintiff Anna Tagintseva's proof of service stating that Defendant was personally served with the summons and complaint was not true. The Court found that the declarations submitted in connection with the opposition to the motion to quash were not credible. Defendant now seeks $1,500 in sanctions pursuant to CCP § 128.7. Here, despite the above, the motion must be denied for failure to c...

Excerpt: ... Cause (“OSC”), the Court stayed the receivership through October 31, 2018, to give Mrs. McGuire the opportunity to remedy the Property's nuisance violations herself. For the reasons that follow, the Court will continue the stay until January 11, 2019. However, if Mrs. McGuire does not demonstrate concrete steps to remedy the Property's nuisance violations as detailed infra, the Court hereby gives notice that it shall entertain a motion to li...

Excerpt: ...tially unlawful and/or wasteful matters. By way of background the Court sustained Defendant's demurrer to her cause of action for violation of the California Whistleblower Protection Act (“WPA”) on the basis that she had not sufficiently alleged any protected activity. Defendant argued that Plaintiff could not amend the complaint without violating the attorney‐client privilege. The Court recognized that relevant case law indicates that wher...

Excerpt: ...n Montgomery (Ann) (collectively “Plaintiffs”.) Plaintiffs allege that Mark received the Device in 2008 as a surgical implant and suffered pain, decreased mobility and emotional distress as a result. He eventually required revision surgery to remove and replace the Device. According to Plaintiffs, the Device was defective and was likely to fail after implantation. They also allege that this information was concealed from surgeons and patients...

Excerpt: ...t Trust (collectively, “Defendants”): (1) a Trust Deed and Assignment of Rents, (2) a Foreclosure Cancellation Guaranty, and (3) a Note Secured by Deed of Trust. These documents were executed without the knowledge or consent of Ms. Barba. Therefore, Plaintiffs contends the documents are invalid and voidable. Plaintiffs filed their complaint on April 11, 2018, alleging causes of action for quiet title, breach of contract, declaratory relief, a...

Excerpt: ...ch 20, 2016. Plaintiff Carlene Metzler, decedent's daughter, alleges Dr. Balatbat caused a 30‐month delay between September 2012 and May 2015, in the diagnosis and treatment of decedent's lung cancer and this caused the progression of the cancer from a treatable “stage one” to an advanced “stage 4.” Specifically, Plaintiff alleges Dr. Balatbat failed to order follow‐up CT scans of decedent's lobe lung mass at the 6‐12 month mark and...

Excerpt: ...construction of a street improvement project known as Old Florin Town Streetscape Improvement Project ‐ Prichard Road to Kinglsey Street (the “Project”). In short, the County is seeking to recover costs it paid to the contractor on the Project allegedly incurred to due defendant Florin County Water District's (the “District” or “Defendant”) delay in relocating its water facilities. The County alleges the District caused it to incur ...

Excerpt: ...ctice in California since 2013, was hired as corporate counsel for PowerSchool. Plaintiff was employed from March 1, 2016, through March 8, 2018, at which time he resigned. PowerSchool provided Plaintiff with an Offer of Employment (the “Offer Letter”) on February 12, 2016. (LaPlante Decl. ¶ 5, Exh. A.) The Offer Letter included as a condition of employment that Plaintiff submit any disputes arising regarding his employment to binding arbitr...

Excerpt: ...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]; Steed v. Department of Consumer Affairs (2012) 204 Cal.App.4th 112, 120‐121 [“[W]hile the existence of any document in a court file may be judi...

Excerpt: ...suffered a cardiac arrest at 1201 K Street, Sacramento, California, that required the use of the Philips Heart Start Automated External Defibrillator, Model M5066A. Plaintiffs contend the defibrillator failed to properly work, causing a significant and harmful delay in providing necessary emergency services to Steven Leighty, resulting in his death on the way to the hospital. Cross‐Complainant CDA Rotunda is alleged to own and operate the premi...

Excerpt: ...ProStar trucks (the “Trucks”), manufactured by Navistar, from dealer and co‐defendant Riverview International Trucks, LLC (“Riverview”). The facts are as follows. Joseph Chand (“Chand”) is a 50 percent owner and president of Plaintiff, as well as the decision making for purchasing Plaintiff's trucks. (UMF no. 1, 3.) In or around September 2012, Chand discussed purchasing the Trucks with Bassett. (UMF 4.) Bassett was the majority own...

Excerpt: ...NIED, as follows. Factual Background This action arises from a property line dispute apparently originating from the original property developer's mistaken placement of a fence 20 feet south of the actual boundary line between the subject parcels. According to plaintiff, when this discrepancy was discovered, plaintiff and the adjacent owner Marjorie Williams (“Marjorie”) reached an agreement relative to both the actual ownership and Marjorie'...

Excerpt: ... of their mother, along with other related relief. The action was settled in November 2016 by a written agreement signed by each of three siblings and was thereafter dismissed in December 2016. On 4/18/2018, the Court heard moving parties' motion to set aside dismissal and enforce settlement agreement and enter judgment against Romeo. (ROA 24.) The moving parties sought to set aside the December 2016 dismissal and to enforce the written settl...

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: ...ments, 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 judicial notice of the fact of a document's recordation, the dat...

Excerpt: ...t‐and‐confer efforts before filing a demurrer. The court will expect no less in the future. Factual Background Plaintiffs allege that in October 2016, contractors hired by City trespassed onto plaintiffs' property in Sacramento and wrongfully and unnecessarily denuded a number of plaintiffs' trees without notice or consent. It is further asserted that the cutting of these trees violated recognized, proper pruning practices and policies found ...

Excerpt: ...inson did not appeal the assessment of overpayments, and EDD obtained its judgment by way of a Certificate for Summary Judgment pursuant to Unemployment Insurance Code § 1379. EDD recently renewed the judgment. As it turns out, Robinson was incarcerated between 2007 and 2018 and contends he never received actual notice of the judgment or underlying proceedings. The court rejects his argument that the renewed judgment should be vacated due to lac...

Excerpt: ...t requests for admission that were served on Defendant. There were a total of 1,308 requests for admissions. On September 18, 2018, the Court denied Defendant's motion for reconsideration, which it construed as a motion to withdraw admissions pursuant to CCP § 2033.300 without prejudice for failure to offer any evidence showing excusable neglect that resulted in the requests for admission being deemed admitted. “The court may permit withdrawal...

Excerpt: ...ts GRANTED. This case arises out of a business dispute relating to commercially developed real property located at 2917‐2999 Fulton Avenue in Sacramento, California, and commonly referred to as Town and Country West (the “Fulton Property”). The Fulton Property was owned by Town and Country West G.P. (“Town & Country, G.P.”), a general partnership, for which Defendant/Cross‐Plaintiff Mehtani was the Managing Partner. Plaintiff/Cross‐...

Excerpt: ...property owner fails to comply with a notice and order issued by a local agency after having a reasonable opportunity to do so. Specifically, subdivision (c) authorizes this Court to appoint a receiver over the property if the property owner has failed to comply with a notice or order to repair issued by a local agency and the property continues to remain in substandard condition. The City claims that the subject property located at 3925 May Stre...

Excerpt: ...d SUSTAINED in part with leave to amend. GM LLC is advised that, contrary to the caption on the notice of motion, this case is not assigned for all purposes to Judge Abbott. Department 54 is assigned to hear law and motion matters and is located at 813 6th Street, not 720 9th Street. Overview This is a lemon law case under the Song‐Beverly Consumer Warranty Act. The plaintiffs are Scott M. Groth and Lori J. Groth (collectively “the Groths”)...

Excerpt: ...3) and Rule 3.1110(b)(3). The response filed by defendant was not timely filed in accordance with Code of Civil Procedure §1290.6 but was nevertheless considered. As Code of Civil Procedure §1290et seq. does not permit the filing of a “Response to Opposition” (e.g., a reply) such as the one filed by plaintiff, it was not considered. Factual Background This is a contract action relating to the parties' operating agreement for a jointly‐own...

Excerpt: ...y R. Thompson, Fredrick A. Ratliff, and Chris M. Wright. Decedent's two successors in interest, Elizabeth Brown and Don Johnson (“Plaintiffs”), have sued Union Pacific and its three employees alleging negligence in the operation of a motor vehicle, general negligence, and premises liability. At issue on this motion are Defendant's responses to request for production Nos. 19‐ 20, 38‐60, 63, 65, and 70. Nos. 19‐20 Denied. These requests s...

Excerpt: ... notice and is DENIED. On February 15, 2018, Plaintiff filed his lawsuit against Kimberly Kirchmeyer, Executive Director of the Medical Board of California, alleging numerous state law codes and laws, including Business and Professions Code section 2056 (protection for retaliation 5 against physicians) and 2234.1 (prohibition against physician discipline for alternative treatment), 6 Civil Code sections 45 (libel) and 3345 (unfair and deceptive p...

Excerpt: ...ficial records is GRANTED. Procedural Background This civil action follows the Labor Commissioner's Order, Decision and Award in favor of employee Cheryl Harrington (Harrington). On 4/11/16, the Commissioner awarded Harrington approximately $50,000 from her former employer, Defendant and CoJudgment Debtor 2600 Bravado Dr. LLC, (“the LLC”) in unpaid minimum wages, penalties and other amounts. (The LLC had employed Harrington as a property mana...

Excerpt: ... that he was a member of Defendant's medical staff. Plaintiff alleges that he was discriminated and retaliated against, and harassed due to his presenting complaint regarding patient care, services, and/or hospital conditions. He further alleges that he was harassed based on his sex and that certain defamatory statements were made concerning his profession, trade, business, and qualifications. The Medical Staff of Methodist Hospital's Medical Exe...

Excerpt: ...te purchase agreement. In short, Plaintiff alleges Defendant wrongfully cancelled the purchase agreement on the grounds Plaintiff failed to timely remove a title contingency. The property at issue is a 234,800 square foot commercial building located at 8110 Power Ridge Road in Sacramento (the “Property”). Plaintiff intended to purchase the property to use in connection with its cannabis business. In October of 2016, Plaintiff and Defendant ex...

Excerpt: ...on, whistleblower discrimination, retaliation in violation of FEHA, breach of fiduciary duty, breach of partnership agreement, accounting, quantum merit, fraud, and negligent misrepresentation of fact. Plaintiff contends discovery has commenced, but defendants have refused to provide documents on the grounds the documents are privileged, confidential, and/or proprietary. Plaintiff contends they disagree with these objections and offered to enter ...

Excerpt: ...with leave to amend. Plaintiff filed her First Amended Complaint (“FAC”) against the Matheson Defendants, as well as Plaintiff's former supervisor, Shirley Curran, on January 24, 2018, alleging the following eight causes of action: (1) Breach of Contract; (2) Breach of the Covenant of Good Faith and Fair Dealing; (3) Retaliation in Violation of Labor Code § 1102.5; (4) Retaliation in Violation of Labor Code § 6310; (5) Retaliation in Violat...

Excerpt: ...s not timely filed but it was reluctantly considered. As explained below, it does little to address the substantive merits of this motion. The court notes that HV‐HD's electronic service of the moving papers on 10/1/2018 for a hearing on 10/25/2018 does not give 16 court days plus 2 court days' notice as required by Code of Civil Procedure §1005(b) and §1010.6(a)(4)(B), since 10/9/2018 (Columbus Day) was a court holiday. (Code Civ. Proc. §12...

Excerpt: ... as a writ. The matter was assigned to Judge James P. Arguellas for all purposes. Following a demurrer by CDTFA, the parties filed a stipulation to reclassify this case as a civil action for a tax refund and to permit SJCBC to file an amended complaint. The Court signed the stipulation and Order on August 23, 2018. (ROA 28.) SJCBC then filed its FAC on August 30, 2018. The FAC seeks a tax refund. SJCBC contends its cannabis transactions during th...

Excerpt: ...s published, Plaintiff has filed a First Amended Complaint, which purports to address the Court's ruling on the demurrer to the original Complaint. The Court's ruling regarding the demurrer to the original Complaint remains as follows: Defendant Logos Property Investment S, LLC's (erroneously sued as Logos Property Investments and/or Ridgestone Apartments) demurrer to pro per Plaintiff Kent Taylor's complaint is ruled upon as follows. Thi...

Excerpt: ...on the short cause calendar at 8:30 a.m. in Department 47 on November 9, 2018 at 8:30 a.m. If that date is inconvenient, the parties shall meet and confer to pick another Friday date and inform the clerk in Department 53 of the new date no later than 4:00 p.m. on October 23, 2018, so that the clerk may set the matter on the short cause calendar in Department 47. SVO has filed a Petition for an order removing or reducing a $8,816,958 mechanics'...

Excerpt: ...ion for summary judgment is denied. Courts may not take judicial notice of the truth of contents of documents. See Big Valley Band of Pomo Indians v Superior Court (2005) 133 Cal.App.4th 1185, 1191‐1192; Garcia v Sterling (1985) 176 Cal.App.3d 17, 22. Plaintiffs Geralda Stryker et al. are individual homeowners in the housing development that was the subject of a lawsuit entitled Edward J. Broussard, Sr., et al v. Cambridge (Natomas), LP., et al...

Excerpt: .... 1‐8 and 13‐43. Plaintiffs contend the scope of these requests is overreaching, implicating all financial transactions ever made by or related to Plaintiffs concerning their investment portfolios, bank account balances, and financial plans, when the only documents directly related to the plaintiffs' claims in this case are much more restricted. Defendants contend all of the financial information is discoverable because plaintiffs contend...

Excerpt: ...ividual Defendant Sue Mathchell, because Plaintiff was a breastfeeding woman and because she complained to her union regarding these same issues. She also alleges claims for negligent and intentional infliction of emotional distress based upon these same issues. Plaintiff's evidence in support of this motion consists of her own sworn declaration and a brief excerpt of deposition testimony of TPMG employee Shawn Miller. Defendant filed a motion fo...

Excerpt: ...icial notice of Exhibits 1, 4 and 5 is GRANTED. The balance of the request for judicial notice is DENIED. The court will not take judicial notice of the price lists in Exhibits 2 and 3 because Plaintiff Rosalinda Delacruz (Delacruz) alleges she never received such lists. (FAC, ¶ 32.) Exhibit 6 is irrelevant. Overview This is a putative class action. Delacruz is the only named plaintiff. According to Delacruz, Defendants misled her into funding a...

Excerpt: ...d advise counsel of Local Rule 1.06 and the Court's tentative ruling procedure. If Walgreens' counsel is unable to contact opposing counsel prior to the hearing, Walgreens' counsel shall be available at the hearing, in person or by telephone, in the event opposing counsel appears without following the procedures set forth in Local Rule 1.06(B). Request for Judicial Notice Walgreens' request for judicial notice is granted as to Exhibits 2‐ 5, an...

Excerpt: ...nnection with the sale of a 2005 Peterbilt truck to Maynard Frantz, LLC (“Frantz LC”) from Interstate Mechanics Trucks, LLC ("Supplier"). Ascentium and Frantz, LLC allegedly entered into an Equipment Finance Agreement (“EFA”) which Maynard Frantz allegedly personally guaranteed. Cross‐Complainants then filed a cross‐ complaint alleging causes of action for breach of contract, common counts, and fraud. They filed a first amende...

Excerpt: ...or was a default or default judgment ever taken. This action arises from an unpaid wage claim filed by plaintiff James Batiste against defendant Washington Freight Express, LLC (“Washington Freight”) before the Labor Commissioner. On February 25, 2014, pursuant to an Order, Decision, or Award of the Labor Commissioner, a judgment was entered by the clerk against Washington Freight only for failing to pay Plaintiff his wages. (ROA 1.) No judgm...

Excerpt: ...sional 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]; Steed v. Department of Consumer Affairs (2012) 204 Cal.App.4th 112, 120‐121 [“[W]hile the existence of any document in a court file may be judicially noticed, the truth of the matters asserted in those documents, including the factual findings of the judge who was sitting as the trier of fac...

Excerpt: ...nt on July 27, 2018, against the District, Hoyt Fong (the counselor), and the Los Rios College Federation of Teachers Union (“LRCFT Union”), 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 (as to the District and Fong); (4) Negligence (as to the District and Fong); (5) NIED (as to the District and Fong); (6) Gender Violence (as to the District and F...

Excerpt: ...ith either the summons & complaint or the moving papers, thereby depriving the court of jurisdiction to grant plaintiff any relief as to them. As to BLS only, this matter was continued to permit plaintiff to file and serve a supplemental reply in light of BLS' tardy filing of its request for judicial notice in support of its opposition. Having received plaintiff's supplemental reply, the court now issues the following tentative ruling. *** If ora...

Excerpt: ...ss as Dan Dellinger Consulting. However, upon review of the papers and declarations, it appears the actual amount supported by the declarations is $14,391.70 (representing $13,967.50 in attorneys' fees (75.5 hours x $185/hour) and $424.20 in costs). This slight difference may have been the result of a clerical error multiplying 35.8 of the attorney hours by $190 instead of $185. Further, the Court also notes on reply that Defendant now seeks only...

Excerpt: ...4th 543, 590 [judicial notice of findings of fact does not mean that those findings of fact are true]; Steed v. Department of Consumer Affairs (2012) 204 Cal.App.4th 112, 120‐121 [“[W]hile the existence of any document in a court file may be judicially noticed, the truth of the matters asserted in those documents, including the factual findings of the judge who was sitting as the trier of fact, is not entitled to notice.”]; Sosinsky v. Gran...

Excerpt: ...amages in connection with Vitek's handling of Prestige's truck #33. (ROA 7.) Vitek then filed a Cross‐Complaint on October 14, 2018, against Prestige, Anatoliy Kitsen, and Does 1‐ 10. (ROA 23.) The Cross‐Complaint contains four causes of action: (1) a cause of action for declaratory relief seeking a declaration that cross‐defendants must pay Vitek for repairs to vehicles, unpaid storage costs, unpaid rental costs and associated cleanup co...

Excerpt: ...ul acts including stealing and misusing Plaintiffs' assets and property, breaching their fiduciary duties as Plaintiffs' officers and members, and secretly forming DCM to directly 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 c...

Excerpt: ...yquiengco's (“Plaintiff”) complaint is unopposed and is ruled upon as follows. Defendants' request for judicial notice of the Notice of Trustee's Sale is granted. In taking judicial notice of the recorded land document, 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.) Factual and Procedural Background In August 2005, Plaintiff obtained...

Excerpt: ...ass action lawsuit based on his contention that Defendants' policies and practices violated California law, including the failure to provide meal and rest periods, failure to provide accurate wage statements, failure to keep accurate records of hours worked, and failure to pay final wages. See generally Exhibit B. Plaintiff further alleged Defendants' policies and practices resulted in derivative violations and penalties and resulted in u...

Excerpt: ...ineers 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]; Steed v. Department of Consumer Affairs (2012) 204 Cal.App.4th 112, 120‐121 [“[W]hile the existence of any document in a court file may be judicially noticed, the truth of the matters asserted in those documents, including the factual findings of the judge who was sitting as the trier of fact, is not ...

Excerpt: ...irected 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 court did not consider the declarations filed in opposition to this demurer since such extrinsic evidence is beyond the permissible scope of...

Excerpt: ... Duke (“Duke”). OSP owns commercial real property on J. Street. OSP is manager‐managed. Duke was the initial manager of OSP. Duke owns 12.5% of OSP, while Plaintiffs own the remaining 87.5%. Plaintiffs allege that in May 2018, they discovered that Duke misappropriated almost $40,000 in unauthorized “leasing commissions” and “construction management fees.” In June 2018, Plaintiffs executed an Action by Written Consent (“Written Con...

Excerpt: ...us, as is the case with attorneys, self‐represented litigants must follow correct rules of procedure. (Nwosu v. Uba (2004) 122 Cal. App. 4th 1229, 1246‐1247; see also Rappleyea v. Campbell (1994) 8 Cal. 4th 975, 984.) Plaintiff's Request for Judicial Notice of the two prior orders denying motions to disqualify the City Attorney is granted. The motion is denied on both procedural and substantive grounds. The motion is procedurally defectiv...

Excerpt: ...v. General Motors, LLC is granted. In this Lemon Law action, Plaintiff alleges that the Vehicle, a 2010 Chevrolet Equinox, suffers 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; e...

Excerpt: ...Deed), the third for Breach of Contract, the fourth for Breach of Implied Contract, the fifth for Breach of Fiduciary Duty, the sixth for Breach of Fiduciary Duty, the seventh for Fraud ‐ Concealment, the eighth for Fraud ‐ Concealment, the ninth for Fraud Intentional Misrepresentation, the tenth for Fraud ‐ Intentional Misrepresentation, the eleventh for Negligence, the twelfth for Negligence, the thirteenth for Violation of B&P §17200, a...

Excerpt: ...e Court ordered Plaintiff to provide further responses without objections to the requests for production no later than May 25, 2018. Sanctions were not awarded. There has been no other discovery order in this action. Defendant now seeks terminating and monetary sanctions for the failure to comply with the Court's order. Plaintiff opposes the motion on the basis that she has provided supplemental responses since the motion was filed indicating tha...

Excerpt: ...s to compel arbitration of this uninsured motorist action and to have the Court appoint an arbitrator pursuant to Insurance Code § 11580.2(f) and CCP § 1281.2. Insurance Code §11580.2(f) requires that an underinsured motorist policy contain a provision requiring arbitration by a single neutral arbitrator. The Court shall order the parties to arbitrate a controversy “if it determines that an agreement to arbitrate the controversy exists…”...

Excerpt: ...sel on 7/26/18 that Dhanraj was not available, and counsel agreed to reschedule the deposition for 8/30/18. (Id., ¶¶ 3‐4, Exhs. B, C.) S360 served a second deposition notice, but on 8/28/18, Dhanraj's counsel again advised that Dhanraj would not appear. (Id., ¶¶ 4‐5, Exhs. C, F.) For the second time, counsel agreed on a date to depose Dhanraj, this time on 9/26/18. (Id., ¶¶ 5‐6, Exhs. F, G.) On 8/29/18, counsel for S360 served an amen...

Excerpt: ...ving age living in his residence. (Comp. ¶ 16.) He alleges that on April 25, 2017, Plaintiff was in an automobile collision. (Id. ¶ 19.) Plaintiff filed a claim with National General and was asked whether any adults of driving age lived in the same residence as him and he responded that an adult of driving age had recently moved in. (Id. ¶ 21.) National General's representative informed him that his policy was terminated and that no coverage w...

Excerpt: ... makes in its concurrent demurrer to the fourth cause of action. The court incorporates its concurrent ruling rejecting SKR Group's arguments and continues to reject them here. The Individual Managers make one additional argument in support of their demurrer. They argue that Plaintiff James Saunders only alleges them to be SKR Group's on‐site managers acting within the course and scope of their employment. Citing authority for the propo...

Excerpt: ...y set for hearing on 9/17/2018 but was continued to this date to permit the parties to meet‐and‐confer “in person or by telephone,” as required by Code of Civil Procedure §430.41. The court notes that the 9/27/2018 meet‐and‐confer declaration from the demurring parties' counsel was not timely filed by the 9/26/2018 deadline but it was nevertheless reluctantly considered. This 9/27/2018 declaration avers that the parties have been abl...

Excerpt: ...epartment of Transportation (“DOT”) and driven by DOT's employee, Mr. Casey Carrol Simonsen (“Mr. Simonsen”). (Arnold Decl. ¶ 4.) Plaintiff has alleged injuries due to the collision. (Ibid.) Plaintiff filed a government claim on June 9, 2017. (Declaration of Carol A. Wieckowski (“Wieckowski Decl.”) ¶ 3, Exh. A.) On June 15, 2017, the County of Sacramento mailed Plaintiff a Notice of Insufficiency of Claim, refusing to accept the cla...

Excerpt: ... found defendant ex‐husband to be in contempt for failing to make payments to plaintiff ex‐wife for child support, alimony and medical expenses and to provide life insurance despite the ability to do so, with the total arrearages being $108,300. The Florida Court also determined that defendant's 50% share of the proceeds from the marital home was $26,115.58 short of the amount due plaintiff, although the order is silent as to the reason(s) fo...

Excerpt: ...pertinent part, the 2AC asserts in Paragraphs 33, 48 and 55 that defendant County refused to provide any reasonable accommodation of reassignment or transfer to another position for which plaintiff was qualified unless she agreed to participate in the “Accommodations Transfer List” (“ATL”) system and further that, “The ATL system is unlawful as it ends in the forced resignation of the participant if another job is not found within a yea...

Excerpt: ...from Defendant at 8005 Sunset Avenue in Fair Oaks, California. In July, 2010, 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. Kevin R. Culhane (the “Judgment”). (ROA 69 ["This cause came on for hearing on July 14, 2010 before the Honorable Kevin Culhane, Judge presiding in Department 53 of the above‐entitled court, Lyl...

Excerpt: ...the Court accepts the fact of their existence, not the truth of their contents. Factual and Procedural Background This action arises from the employment by Trifecta of plaintiff Cooper Scott Thornton and Jodi Charter. Mr. Thornton was hired on June 23, 2016, as a Customer Experience Manager. On or around June 25, 2016, Mr. Thornton signed his Agreement for Employment and a separate Arbitration Agreement. (Mr. Connolly Decl. ¶ 6, Exhs. C, D.) Ms....

Excerpt: ...efendant Cornerstone Title Company's (“CTC”) demurrer to the First Amended Complaint (“1AC”) is SUSTAINED IN PART and OVERRULED IN PART, with and without leave to amend, as follows. 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 established at CTC and BAM making an initia...