Excerpt: ...d Development Center (“Case”), a state funded preschool, where Plaintiff was attending preschool. Plaintiff alleges that CDI controlled and operated the pre‐school program and that CDI negligently hired/retained Mr. Turks, despite a prior record of similar conduct at his place of prior employment and CDI's knowledge of his unfitness as an employee. The third cause of action for negligence is the only cause of action asserted against CDI. In...

Excerpt: ...ement to produce documents in response to requests for production sets one, two, and three. The court's ruling stated in its entirety: “Plaintiff's motion to compel Defendant Hunter Services, Inc.'s (“Hunter”) compliance with its agreement to produce documents in response to requests for production sets one, two, and three is ruled upon as follows. The court observes that Hunter filed a untimely “non‐opposition” to the motion. The “...

Excerpt: ...FI”) consisting of customer names, addresses, dates of birth, social security numbers and account information. The 1AC asserts that an employee of Bank downloaded customer data to a personal storage drive and then sent the information to a third party, thereby exceeding his/her authorized access to the data which was otherwise limited to “legitimate bank purposes.” (1AC, ¶1.) According to the 1AC, Bank discovered the breach on 9/29/2020 bu...

Excerpt: ...ing procedure and the manner to request a hearing. If moving counsel is unable to contact plaintiff prior to hearing, moving counsel is ordered to appear at the hearing via Zoom or by telephone. In this elder abuse action, Defendant moves to file the following records under seal in support of its upcoming motion for summary judgment, or in the alternative, for summary adjudication: 1) Portions of the declaration of Bruce Helberg (Helberg) filed i...

Excerpt: ...ael, Inc., McGregor Home Garfield, Inc., McGregor Home Rancho, Inc., and McGregor Home Mt. Vernon, Inc. on October 30, 2018. (ROA 1.) The complaint alleged 11 causes of action, including wage and hour violations and fraud. (Ibid.) Helen Yee was added as a defendant on November 5, 2018. (ROA 9.) Defendants Yee and So filed answers on December 14 and 28, 2018, respectively. (ROA, 11, 24.) Plaintiffs requested entry of default with respect to the De...

Excerpt: ...uest) to Defendant on March 24, 2021. (Mov. Mot. P&A, p. 3.) On April 27, 2021, Plaintiff's counsel was emailed a proposed Stipulation and Protective Order concerning the handling of documents designated as confidential materials responsive to the Request. (Ibid.) Defendant served a response to the Request on April 28, 2021. (Ibid.) Plaintiff argues that response failed to comply with Code of Civil Procedure § 2031.280 (§ 2031.280) and the Stip...

Excerpt: ...t time of the accident. Amazon was named under vicarious liability and agency theories because Plaintiffs contend Amazon's subcontractor, Soon Express, carries insufficient insurance to cover the damages sustained in the accident. This motion seeks a protective order concerning Plaintiffs' Fifth Set of Requests for Admission (Set Five) and Fourth Set of Form Interrogatories (Set Four), which were served on Amazon on May 28, 2021. (Johnson Decl., ...

Excerpt: ...e three specific grounds for this demurrer that will be addressed at the hearing. The parties are also reminded that pursuant to local Court rules, only limited oral argument is permitted on law and motion matters. *** The notice of demurrer does not provide notice of the Court's tentative ruling system, as required by Local Rule 1.06, nor does it provide the correct address for Dept. 53/54. Moving counsel is directed to contact opposing counsel ...

Excerpt: ...o reminded that pursuant to local rules, only limited oral argument is permitted on law and motion matters. *** Factual Background This putative class action commenced on 3/16/2021 arises from a data breach involving “Private Financial Information” (“PFI”) consisting of customer names, addresses, dates of birth, social security numbers and account information. The 1AC asserts that an employee of Bank downloaded customer data to a personal...

Excerpt: ...arbara Mello, and Steven Mello (“Plaintiffs”) filed a Petition for Order Directing Payment Out of the Victims of Corporate Fraud Compensation Fund (“Petition”) against Defendant Dr. Shirley N. Weber in her official capacity as California Secretary of State (“Defendant”). According to Plaintiffs' Petition, Plaintiffs are individual investors who were victimized by Lee Loomis (“Loomis”) and his corporate entities in a corporate frau...

Excerpt: ...le on Plaintiff's "Objection to Defendants' Objections to Evidence." Plaintiff's Failure to File Responsive Separate Statement At the outset, the Court notes that a self‐represented party is to be treated like any other party and is entitled to the same, but no greater consideration than other litigants and attorneys. (Williams v. Pacific Mutual Life Ins. Co. (1986) 186 Cal.App.3d 941, 944.) Thus, as is the case with attorneys, self‐represent...

Excerpt: .... The parties reached an informal settlement in which Plaintiff agreed to dismiss the action in exchange for the statutory repurchase of the subject motorcycle, with attorneys' fees and costs to be determined by motion. Pursuant to the settlement, the parties stipulated that Plaintiff is the “prevailing party” for purposes of this motion. The Act provides that a court “shall” award a prevailing buyer a “sum equal to the aggregate amount...

Excerpt: ...) This is a class and representative action alleging Defendant Safe Credit Union violated a number of wage‐and‐hour provisions. The class is defined as “All current and former California non‐exempt employees of Defendant within California who worked at least one shift at any time between July 30, 2015 and January 8, 2021.” Defendant filed a Statement of Non‐Opposition to both motions. In approving a class action settlement, the Court ...

Excerpt: ...Defendant's and Plaintiff's requests for judicial notice are granted. Defendant's notice of motion states it “brings this motion on the grounds that AIG's claims lack support in both law and evidence.” The notice of motion does not comply with the requirements of Rule of Court 3.1350(b), which provides: “If made in the alternative, a motion for summary adjudication may make reference to and depend on the same evidence submitted in support o...

Excerpt: ...nd the Court's tentative ruling procedure. If counsel for moving party is unable to contact counsel for opposing party prior to the hearing, counsel for moving party shall be available at the hearing, via Zoom video or audio, in the event opposing party appears without following the procedure set forth in Local Rule 1.06(B). Plaintiff Jazmine E. Tucker ("Plaintiff") filed a Complaint against FCA US LLC and Elk Grove Dodge arising from a purchase ...

Excerpt: ...lations Board (“NLRB”) alleging retaliation in engaging in concerted activity to improve working conditions. The NLRB dismissed Plaintiff's charge that she was placed on administrative leave in retaliation for concerted protected activities. Plaintiff thereafter filed her complaint in this Court alleging five causes of action: (1) Violation of Labor Code § 1102.5; (2) Violation of Labor code § 6310; (3) Failure to Provide Adequate Meal and ...

Excerpt: ...ing party forthwith and advise counsel of Local Rule 1.06 and the Court's tentative ruling procedure. If counsel for moving party is unable to contact counsel for opposing party prior to the hearing, counsel for moving party shall be available at the hearing, via Zoom video or audio, in the event opposing party appears without following the procedure set forth in Local Rule 1.06(B). Plaintiff is a former non‐exempt employee of Defendant Life Ge...

Excerpt: ...r other amounts awarded against Plaintiff in this litigation; and requiring Plaintiff to obtain leave of court before filing any new litigant in propria persona in the courts of California, consistent with Code of Civil Procedure section 391.7. The motion is ruled on as follows. The notice of motion states ISS makes the motion on the following grounds: (1) Plaintiff has attempted to relitigate issues, without regard to procedure or merit, even af...

Excerpt: ...against Plaintiff entered on May 27, 2021 (“the Judgment”) to stay enforcement of the Judgment during the pendency of Conservator's appeal. The motion is ruled on as follows. Defendant's motion is made pursuant to Code of Civil Procedure section 917.9 on grounds that the Court should exercise its discretion and require a bond or undertaking from Conservator because: (1) the judgment is large, and will almost certainly increase by a substantia...

Excerpt: ...or Dept. 53/54. 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, along with the correct address for Dept. 53/54. If moving counsel is unable to contact opposing counsel prior to hearing, moving counsel is ordered to appear at the hearing. Defendant Singh's request for judicial notice of his Driver Logs is DENIED as the docum...

Excerpt: ...nly known as Madeira East Village, constructed and sold by Taylor Morrison of California, LLC, and other related entities. Defendant seeks to stay the action and to compel compliance with SB 800 Right to Repair Act. (Civil Code 930(b) Plaintiffs and Taylor Morrison were actively engaging in the pre‐litigation process as required SB 800, which affords Taylor Morrison the absolute right to inspect and effectuate repairs to Plaintiffs' homes befor...

Excerpt: ...ir Employment and Housing Act (FEHA) violations, including sex and race harassment. Plaintiff alleges in her Complaint that individual Defendant Mark Carrillo ("Carrillo") harassed her on a daily basis, that individual Defendant Brent Harwood ("Harwood") constantly made racially and sexually offensive comments and conduct to her throughout her employment, that both Carrillo and Harwood made such comments in front of other coworkers, and Plaintiff...

Excerpt: ...ided the cat needed an injection. "The employees put a blanket over the head of the Plaintiff's cat. One employee held the Plaintiff's cat's head and neck and then asked Plaintiff to hold her cat's rear legs, and Plaintiff did so. As an employee was getting ready to inject the Plaintiff's cat, the Plaintiff's cat turned and bit Plaintiff's right hand." (First Amended Complaint, ¶ IX.) Plaintiff alleges a single claim for personal injuries based ...

Excerpt: ...t in an expedited fashion. (See ROA 12) The Request for Judicial Notice by Plaintiff James V. Lacy is denied. Plaintiff asks the Court to take judicial notice of information about an ongoing murder trial as well as a news article and television news clip related to the trial. A news article and a television news clip cannot be used to establish the truth of the matters asserted. Courts should not take judicial notice where the subject matter is n...

Excerpt: ...g system. If moving counsel is unable to contact the opposing parties prior to hearing, moving counsel is ordered to appear at the hearing. This action arises from an alleged an assault and battery. Plaintiff filed his complaint on December 17, 2019, alleging claims for negligence per se, assault, battery, and intentional infliction of emotional distress against defendant Bryan Hart (“Hart”) and alleging claims for negligence against defendan...