Excerpt: ...1.) Parlare was a public nightclub located at 1009 10th Street in Sacramento. (UMF #2.) Parlare was operated by Defendant Dale Entertainment, LLC, whose principal is Dale Robertson. (UMF #3.) Defendant Ismail Abukhdair owns the building where Parlare was located, and leased the space to Dale Entertainment, LLC. (UMF #4.) Parlare opened for business in 2008. (UMF #5.) On February 14, 2015, Plaintiff was injured when he was attacked by a group of t...

Excerpt: ...cation school in Williams, California. The Cross‐Complaint at issue in this motion incorporates the allegations of the operative First Amended Complaint (“FAC”) by reference. On June 13, 2008, A4E entered into a contract with Plaintiff Colusa County Offices of Education (“CCOE”) for design services related to the Project. (FAC ¶6.) On February 9, 2019, CCOE entered into a contract with Swank for construction services on the Project. (I...

Excerpt: ...ts set forth in CRC Rule 3.1113(d). Defendants did not obtain an order from the Court allowing them to file such an oversized opposition memorandum. In this action, Plaintiff (attorney) Pamela Palmieri represents herself and Gilliland as plaintiffs; Palmieri alleges that she represented Plaintiff Kayrinkia Gilliland in a previous foreclosure related matter. She alleges that she had a contingency fee agreement allowing for a percentage of the gros...

Excerpt: ...s. Factual and Procedural Background The facts and procedural history of this action are voluminous. Of relevance here is the following. In this action, Plaintiffs have amended their complaint four times since the initial filing in September of 2016, and following three demurrers by Defendants. On November 26, 2018, Plaintiffs filed the Fourth Amended Complaint (“FAC”). On January 3, 2019, Defendants demurred as to the second, third, fourth, ...

Excerpt: ...eneral Robert Barton, alleging that his superiors committed misconduct in intentionally withholding relevant information in an official CDCR report. Plaintiff further alleges that, approximately five weeks later, his supervisors became aware of his allegations and began to retaliate against him by bypassing the chain of command and otherwise ignoring him. As the result of the alleged retaliatory conduct, plaintiff alleged he was not able to do hi...

Excerpt: ...rocedure 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 notes that neither plaintiff nor defendants have complied with CRC Rule 3.300(b) [duty to provide notice of “related case[s]”]. The parties shall now do so no later than 8/30/2019. Factual Background Present Action. This lawsuit was filed...

Excerpt: ...iff's credit or debit card transaction records showing that she made purchases at restaurants or other businesses in the vicinity of her work location during her work days. Pep Boys contends the discovery requests at issue are directly relevant to Pep Boys' defenses to Plaintiffs claims alleging failure to provide off‐duty meal periods, failure to authorize and permit rest periods, and failure to pay minimum wage and overtime. Plaintiff...

Excerpt: ...on Drive in the City of Sacramento. Qui Chang Zhu, was crossing Freeport Boulevard with her six year old grandson, plaintiff Jian Hao Kuang as they were walking home from Sutterville Elementary School. The intersection of Freeport Boulevard and Oregon Drive has no stop signs or traffic lights for motor vehicles traveling in either direction on Freeport Boulevard. Plaintiff and his grandmother were struck by defendant Gurdeep Chand Sidhu traveling...

Excerpt: ...pears. Appearance is required on August 20, 2019. Plaintiff Brian Spears shall be available, by COURTCALL, to participate in oral argument on the continuance date. Mr. Kratzer's request for judicial notice is granted. Plaintiff's opposition states that since the prison law library has been closed on the majority of the Saturdays, he has had insufficient access to do legal research since he is employed at the prison during the week. Plaint...

Excerpt: ...the Court granted Plaintiff's unopposed motion to have its requests for admissions deemed admitted. When the moving party is the plaintiff, there is only one ground for a motion for judgment on the pleadings: “the complaint states facts sufficient to constitute a cause or causes of action against the defendant and the answer does not state facts sufficient to constitute a defense to the complaint.” (Code Civ. Proc., § 438, subd. (c) (1)(A).)...

Excerpt: ...CCP 664.6 provides that "[i]f parties to pending litigation stipulate, in a writing signed by the parties outside the presence of the court or orally before the court, for settlement of the case, or part thereof, the court, upon motion, may enter judgment pursuant to the terms of the settlement. If requested by the parties, the court may retain jurisdiction over the parties to enforce the settlement until performance in full of the terms of t...

Excerpt: ...�). The proposed settlement will dispose of this wage and hour class action, Haggins v. Kelly Services, Inc., et al. (Case No. 34‐2017‐ 00220473), which was filed on October 11, 2017. In reviewing a request for preliminary approval of a class action settlement, the Court's task is to determine whether the proposed settlement is within the “range of reasonableness” that would warrant sending out a notice of the settlement and giving the cl...

Excerpt: ...til late July 2016, Petitioner was kept in solitary confinement. In late July 2016, Petitioner was sent to the Metropolitan State Hospital, and was kept there until late October 2016. Petitioner alleges that the hospital denied her prescribed medications and was instead given high doses of other medications, which caused her to suffer panic attacks, severe akathisia, and cognitive impairment. Petitioner was moved back to the jail and at the end o...

Excerpt: ...ays after service of the notice of motion, the opposing party may serve and file a written opposition. Defendants served the motion (and joinder) via overnight delivery on 6/13/2019. Thus, Plaintiffs' opposition was due by no later than 7/8/2019 (15 days + 2 court days for overnight service). Plaintiffs filed and served their opposition via mail on 7/16/2019. The Court, however, in its discretion, considered Plaintiffs' untimely filed opposition....

Excerpt: ...cluding defects affecting the engine (“Engine Defects”), Plaintiff seeks to compel Defendant to provide full and complete responses to certain requests for production. Requests Nos. 1, 10, 18, and 20‐ 25 relate to Defendant's investigation and analysis regarding the defects. Requests Nos. 7, 32, 37, 39‐42, 46, 54, and 59 relate to Defendant's warranty and repurchase policies. Defendant interposed numerous objections to the requests for pr...

Excerpt: ...ion work Plaintiff allegedly performed on Defendants' property, but for which he was allegedly never paid. Plaintiff's pleading asserts causes of action for mechanic's lien, breach of contract, promissory fraud, and seeks damages. Plaintiff filed the pleading in May of 2018, after he was allegedly not paid for work he allegedly performed in 2017‐18. Through the instant motion, Defendants seek leave to file a compulsory crosscomplaint pursuant t...

Excerpt: ...defenses pled in the answer fails to state facts sufficient to constitute a defense and is uncertain because they are boilerplate conclusions. Defendant KP Cal's Answer contains 30 affirmative defenses. The Notice of Motion challenges only the 1st ‐ 13th Affirmative defenses (See Notice of Motion) A demurrer to an answer follows the general rules of a demurrer to a complaint. (South Shore Land Co. v. Petersen (1964) 226 Cal.App.2d 725, 732 ...

Excerpt: ...inator for Kaiser in Roseville California, brings this Qui Tam action contending that Kaiser was unlawfully collecting monthly Medi‐Cal payments for patients for whom it was not eligible to collect those payments. On August 24, 2017, Plaintiff filed a Qui Tam action for Money Damages and Civil Penalties against KFHP and KP Cal. for Violation of the False Claims Act. A qui tam action has been defined as follows, "An action brought under a st...

Excerpt: ...ntiff White (“White”) alleges that in 2015, he and others decide to start a restaurant enterprise in which numerous restaurants would be opened. Based on BLF's and Burton's advice, it was decided that WCH Development, LLC (“WCH”) would be established as the managing entity for other operational entities. BLF and Burton explained that such a business structure was the best route for each investor to protect their assets from creditors and ...

Excerpt: ...d by Local Rule 1.06(D), the notice does not comply with that rule. Moving counsel is directed to review the Local Rules, effective 1/1/2019. The opposition does not comply with CRC Rule 3.1110(b)(3)‐(4). Plaintiff's counsel is reminded that the meet‐and‐confer requirements of Code of Civil Procedure §435.5 are not optional and s/he is required to participate in the meet‐andconfer efforts “in person or by telephone” even if s/he disa...

Excerpt: ...h of the moving defendants' 24 Undisputed Material Facts, plaintiff's five (5) Additional Material Facts and/or plaintiff's 34 written 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. *** The notice of motion does not provide notice of the Court's tentative ruling system, as...

Excerpt: ...e and thus fails to state facts sufficient to constitute a cause of action, and that it is barred by the applicable Statute of Limitations. (Code of Civ. Proc. § 338, subd. (d).) In July 2013, Plaintiffs purchased a 2014 Chevrolet Cruze, GM is alleged to have known, since 2013, if not earlier, that the 2.0L turbo diesel engine, installed in 2014 Chevrolet Cruze vehicles (hereinafter "Chevy Vehicles") contained one or more design and/or m...

Excerpt: ...on owed as a managing member of Track 7. Ryan Graham and Geoff Scott were the original managing members of Track 7. Geoff Scott resigned as managing member of Track 7 on September 19, 2018, and had ceased being an employee of Track 7 prior to that time. The original Complaint filed February 19, 2019, alleged that beginning in September 2016, concerns regarding the workplace behavior and work environment created by defendant Ryan Graham began to s...

Excerpt: ...he defendant. As defendant filed a reply, the court is considering plaintiff's correspondence because this is a dispositive motion. Defendant's Request for Judicial Notice is granted. Self‐represented incarcerated Plaintiff filed a Complaint against the State of California Department of Corrections and Rehabilitation (CDCR) for personal injuries while incarcerated at Old Folsom State Prison (Folsom). Plaintiff alleges he slipped on a bl...

Excerpt: ...ion. In September of 2016, plaintiff Molly Baker, M.D. (“Plaintiff”) filed a lawsuit (separate from this action) against Sutter Medical Group entitled Baker v. Sutter Medical Group, Case No. 34‐2016‐00199916. In that separate action, in arbitration, Plaintiff alleges nine causes of action: Disability Discrimination, Hostile Work Environment Harassment Based on Disability, FEHA Retaliation, Failure to Accommodate, Failure to Engage in a Go...

Excerpt: ...sport her to her home. Among other things, she alleges that each defendant negligently maintained the vehicle and thereby caused the collision. She also advances theories of negligence based on the defendants' ownership, entrustment and operation of the vehicle. Trial is scheduled for March 2, 2020. Plaintiff desires to amend the complaint to add a cause of action for gross negligence against Dockery. According to Plaintiff's counsel, “duri...

Excerpt: ...Plaintiff's opposition which was filed and served one court day late. Overview This is an action regarding the construction of an auditorium. Pursuant to the contract, the District and Plaintiff Waters Contracting, Inc. agreed that Plaintiff would open an escrow account to hold funds that would otherwise constitute a “retention.” (Complaint, ¶ 7.) Dismissed defendant/cross‐complainant Bank of Sacramento (“Bank”) agreed to hold the fund...

Excerpt: ...r 19, 2018, a neurophysical examination on April 4, 2019 and an orthopedic examination on March 18, 2019. Moving Parties now seek an order requiring Plaintiff participate in an oral examination by an oral surgeon. If a defendant desires additional physical examinations, the defendant must obtain leave of court. (CCP §2032.310. [(a) If any party desires to obtain discovery by a physical examination other than that described in Article 2 (commenci...

Excerpt: ...ich is claimed to show the existence or non‐existence of a triable issue of material fact. *** Defendant Timothy Drake's motion for summary adjudication of the two causes of alleged in plaintiff's Second Amended Complaint (“2AC”) is ruled on as follows. Moving counsel failed to comply with CRC Rule 3.1350(b), requiring that the issues presented for summary adjudication be stated in the notice of motion and then repeated verbatim in the sepa...

Excerpt: ...h Plaintiff Alston at the Sacramento Main Jail on November 22, 2017. They further assert no cause of action is stated under the Bane Act (Second cause of action), that public employees are immune from tort liability for failure to summon care for inmates in non‐emergency situations, and, finally, that "Government code immunities exempt Defendant County of Sacramento from liability for Plaintiff's tort claim." MPA, p. 4. The Court no...

Excerpt: ...existence, not the truth of their contents. (See Professional Engineers v. Dep't of Transp. (1997) 15 Cal.4th 543, 590; Steed v. Department of Consumer Affairs (2012) 204 Cal.App.4th 112, 120‐121.) The Court notes there is no argument based on the doctrine of the law of the case, res judicata, or collateral estoppel, and the judicially‐noticed documents are therefore entirely irrelevant. Defendant's objections are overruled. The portions of t...

Excerpt: ... on January 27, 2017. Defendants assert that in 2019 they served discovery requests on Plaintiffs and later met and conferred with Plaintiffs' counsel telephonically on June 7, 2019 after Plaintiffs failed to serve responses. (Trevor Decl. ¶¶5‐9.) During the meet and confer, Defendants stated that they intended to file a cross‐ complaint, while Plaintiffs' counsel represented that Plaintiffs may dismiss the case with prejudice. (Id.) On Jun...

Excerpt: ...eks terminating sanctions only on the basis that Plaintiff has not provided the Court ordered responses. No lesser sanction was requested. For misuse of the discovery process, including as is the case here, disobeying a court order to provide discovery, the Court may impose a terminating sanction by one of the following: an order striking out the pleadings or parts of the pleadings of any party engaging in the misuse of the discovery process or a...

Excerpt: ... fraud in connection with Donald Kenworthy's purchase of a home in Hawaii. Plaintiff alleges that Ms. Blakeney, along with others, took advantage of Donald Kenworthy's advanced age (then 85) and failing medical health. Plaintiff alleges that Defendant Blakeney entered a romantic relationship with Donald Kenworthy in approximately 2013 with the intent and for the purpose of gaining access to Donald Kenworthy's assets for her own personal gain. Pla...

Excerpt: ...ivision, an action is commenced at the time the complaint is filed. Code Civ Proc § 583.210(a). This action was filed on March 23, 2016. Plaintiffs failed to timely serve the named defendants or any Doe defendants within three years after the complaint was filed (by March 25, 2019) or to return proof of service within 60 days thereafter (May 24, 2019.) Dismissal for failure to comply is mandatory: (a) "If service is not made in an action wit...

Excerpt: ...s filed and served on June 11, 2019 as the motion for preliminary injunction, as no separate "motion" was filed on June 11, 2019. The Institute of Scrap Recycling Industries is a trade association representing approximately 100 Scrap Recyclers in California, and an additional 1,100 for‐profit companies nationwide. Plaintiff is the West Coast Chapter of the ISRI (referred to herein as "ISRI"). ISRI seeks a preliminary injunction ...

Excerpt: ...'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. Opposing counsel failed to comply with CRC Rule 3.1113(f). Factual Background This is a personal injury action arising from the June 2018 explosion of a lithium‐ion 18650 battery which plaintiff purchased for use with his e‐cig...

Excerpt: ...directed to the previous comprehensive ruling of the Court. Defendant was provided notice of this ruling by plaintiff but has failed to file any documentation curing the standing defect. Plaintiff's Request for Judicial Notice is granted. This action arises out of a dispute with defendant who performed roofing services for plaintiff. On April 11, 2019, Feliciano Ozuna‐FX's CEO‐filed an unsigned answer on FX's behalf "in pro pe...

Excerpt: ...or the Republican Caucus until March of 2015. After his position was eliminated, Plaintiff brought a variety of employment‐related claims against the Assembly. Plaintiff alleged causes of action for retaliation, disability discrimination, failure to prevent discrimination and retaliation, failure to engage in the interactive process, and failure to make reasonable accommodation. Plaintiff alleged he repeatedly sought medical treatment and took ...

Excerpt: ...hearing. This opposition appears to be an opposition to this demurrer, as well as a purported opposition to the concurrently filed motion to dismiss. Despite the untimeliness, the Court has reviewed Plaintiff's deposition, although it does nothing to alter the Court's decision. On April 4, 2019, this Court sustained Defendant's unopposed demurrer to Plaintiff's First Amended Complaint on the grounds the FAC failed to state facts sufficient to con...

Excerpt: ...ate cases. The expert consulting and witness services were provided by plaintiff Stephen W. Wheatcraft, Ph.D. (“Dr. Wheatcraft”) to M&A. Plaintiffs Dr. Wheatcraft, Wheatcraft and Associates, Ltd. (“W&A”), and Catherine Benton (“Ms. Benton”) (collectively, “Plaintiffs”) filed their Complaint against Defendants on March 13, 2019, alleging causes of action for: (1) breach of written contract; (2) common count: goods and services rend...

Excerpt: ...plaintiff William Fastiggi. Plaintiffs' complaint filed on March 17, 2017, alleges causes of action for medical malpractice and loss of consortium. Dr. Cain has established by admissible evidence that his care and treatment of Plaintiff was at all times reasonable and within the standard of care. (UMF 10; Declaration of Lundy Campbell, M.D. ¶¶ 1‐7.) Dr. Cain's expert opines that Dr. Cain's treatment of Plaintiff met the applicable standard of...

Excerpt: ... Lemos' responses to form and special interrogatories and request for production of documents (sets one). Plaintiff was ordered to serve responses without objections by April 18, 2019. After Defendant failed to comply, Plaintiff moved for terminating sanctions, or alternatively evidentiary and monetary sanctions. On May 21, 2019, the Court granted Plaintiff's motion in party, directing Defendant to fully comply with the discovery on or before...

Excerpt: ...und, at or near the intersection of 2nd Avenue, lona A. Opris was under the influence of alcoholic beverages and other intoxicants and intoxicated so as to render defendant unable to operate the motor vehicle in a safe manner. Despite the abovedescribed condition and defendant's knowledge thereof, defendant chose to consciously disregard the condition, which created an extreme danger and hazard to other persons using the public roadway. Defen...

Excerpt: ...larly situated individuals employed by Defendant Spencer Building Maintenance, Inc. ("Defendant"). Plaintiff worked for Defendant in California as a nonexempt employee. Plaintiff alleges that Defendant's policies and practices resulted in Defendant's failure to provide Plaintiff and the aggrieved employees with all wages owed upon separation, lawful meal and rest periods, itemized wage statements, and reimbursement of business expenses, a...

Excerpt: ...er filed a request for a civil harassment restraining order against Respondent, her ex‐husband's girlfriend. A trial was held on May 4, 2018 before Judge Sawtell. Judge Sawtelle denied the request and ordered Petitioner to pay $5,000 in attorney's fees. A minute order to that effect was issued on May 4, 2018. Thereafter Petitioner filed an objection to the “proposed judgment” and Judge Sawtelle denied the motion on June 1, 2018. Petitioner ...

Excerpt: ...iff's food in order to render him unconscious, and then in May 2017, she sexually assaulted him while he was unconscious. Plaintiff further alleges that Kathie's parents, Robert and Ruby Eidson, were aware of Kathie's tendencies towards violent sexual assault yet facilitated his injuries by permitting him to stay on their property under Kathie's care. Plaintiff does not have any memory of the purported assault or assaults, but claims he has an au...

Excerpt: ...one, in the event Defendant appears without following the procedures set forth in Local Rule 1.06(B). As a preliminary matter, the Court notes the proof of service indicates that the moving papers were served via mail on June 11, 2019. This provided 16 court days' notice. Service by mail requires 16 court days plus 5 calendar days' notice. For cases filed on or before December 31, 2018, electronic service is not authorized unless a party or other...

Excerpt: ...cted the property at issue in September 2014 to look for hazards and other conditions that posed risks to the building or were dangers to others. Plaintiffs allege that at the time of the inspection, Allstate's inspector saw scaffolding, but Allstate never indicated that the scaffolding was a hazard or risk of injury. Plaintiffs allege that in October 2014, Allstate knew that in cases involving scaffolding, the claims can produce very serious inj...

Excerpt: ...murrer hearing” because there is no proof of service. This action arises from Plaintiff's purchase of a Tuff Shed from Home Depot. Plaintiff asserts a breach of contract and negligence cause of action against Home Depot, and a breach of contract and negligence cause of action against TSI. The allegations in the FAC are fairly confusing and rambling. Defendants demur on the ground that the FAC is uncertain, ambiguous and/or unintelligible. Defen...