Excerpt: ... leave to amend. Paul is incarcerated and both Plaintiffs are proceeding in pro per. Plaintiffs filed the Complaint for civil rights violation, cruel and unusual punishment, negligence, and breach of duty on February 8, 2021. Paul alleges he was subjected to deliberate indifference in violation of the Eighth Amendment (cruel and unusual punishment) when attacked in prison on January 24, 2020, and that Defendants were negligent because the unnamed...

Excerpt: ...nimum wages, provide meal and rest breaks, and more in violation of the Labor Code. By way of the instant motion Plaintiff seeks leave to file a first amended complaint to allege that the Defendants are personally liable under Labor Code § 558.1. Plaintiff also seeks to make other minor changes including removing a defendant. Plaintiff also seeks to reopen discovery on the basis that a significant period of time has passed since the initial tria...

Excerpt: ...l 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 by Zoom or by telephone. The notice of motion does not comply with Code of Civil Procedure §1010 or CRC Rule 3.1110(a). Factual Background This is a lemon law case in which defendant has demanded to inspect plaintiff's vehicle. Afte...

Excerpt: ...e 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 by Zoom or by telephone. The notice of motion does not comply with Code of Civil Procedure §1010 or CRC Rule 3.1110(a). Factual Background This action was commenced on 3/1/2019 and plaintiff generally alleges he suffered harassment, disc...

Excerpt: ...assment, failure to prevent harassment/retaliation and retaliation. Plaintiff alleges that he interviewed with Defendant Arakji for a position at GSA as an Information Technology Specialist 1 in April 2019. (Comp. ¶ 14.) He alleges that Defendant Arakji offered him the position in May 2019 and he accepted. (Id.) Plaintiff alleges that Defendant Arakji began to engage in inappropriate conduct soon after he started the position. He alleges that De...

Excerpt: ...rescent Hotels & Resorts, LLC (“Crescent”) and 9750 Airport Management, LLC (“9750”) (collectively “Defendants”). On December 8, 2016, plaintiff Anatoli Romanov ("Plaintiff Romanov") filed a class action complaint entitled Anatoli Romanov v. Crescent Hotels & Resorts, LLC, et al., in the Sacramento County Superior Court, Case Number 34‐2016‐00204535 (the "Romanov Action"). The Romanov Action asserts the following causes of action ...

Excerpt: ...der FEHA for age discrimination, harassment based on age, and retaliation. He also alleges a cause of action for constructive discharge Prior to the instant motion to strike, Defendant demurred on three occasions to the previous iterations of the complaint. Defendant moves to strike paragraph 10 of the 5AC which alleges that prior to the 2016 school year, Defendant “notified Plaintiff that he would be involuntarily removed from teaching high sc...

Excerpt: ...est Service Co. Inc. (Plaintiff) filed the underlying complaint on November 25, 2020 against Defendant Lisa Wiley (Defendant), alleging common counts. (ROA 1.) Defendant failed to respond to the summons and complaint. Plaintiff requested Entry of Default against Defendant on March 17, 2021, which the Court entered on that same date. (ROA 7, 8.) Defendant now moves to set aside the entry of default and Plaintiff opposes the motion on the merits. A...

Excerpt: ...laint alleged negligent and intentional infliction of emotional distress and the following violations of the Fair Employment and Housing Act: (1) discrimination on the basis of race, ancestry, national original, or color; (2) disability discrimination; (3) retaliation; (4) hostile work environment based on race, ancestry, national origin or color; (5) hostile work environment based on disability; (6) hostile work environment based on Plaintiff's ...

Excerpt: ...2012. Kohl filed a lawsuit against the Truongs in July 2012, claiming the Truongs breached their contract (Construction Action). The Truongs hired Larry Ring, Esq., who filed a cross‐complaint against Kohl in August 2013. Larry Ring withdrew from representation of the Truongs in May 2014. The Truongs then retained the law firm Nageley, Meredith, & Miller, Inc., where attorneys Jim Keowen and Andrew Weil (Keowen and Weil, respectively) handled m...

Excerpt: ...The hearing date shall automatically be continued one week plus one court day for oral argument. The continuance date will always be an appearance required hearing so that Plaintiff need not request oral argument. The Litigation Coordinator shall make Plaintiff available, by Zoom, telephonically, at 9:00 a.m. on the date of the continued hearing date, which is August 25, 2021, to participate in oral argument. To appear on Zoom telephonically, cal...

Excerpt: ...mended Class and Representative Action Complaint (SAC), Defendant Roofline, Inc. (Defendant) is a roofing and building material supplier and delivery company. (SAC, ¶ 14.) Plaintiffs and other non‐exempt employees were required to load heavy building materials from Defendant's warehouse to flatbed trucks, and then deliver the orders to Defendant's customers or job sites. (SAC, ¶ 15.) On November 27, 2019, Plaintiff Gary Sifuentes filed a clas...

Excerpt: ...uality Water Management, Inc.'s and Josh Brown's (collectively, “Defendants”) purported failure to pay overtime and minimum wages, failure to provide meal and rest periods, and failure to provide accurate wage statements. Plaintiff further alleged Defendants' policies and practices resulted in unfair competition and violated PAGA. Defendants deny the allegations, but the parties have been able to reach a compromise. Settlement Class Definitio...

Excerpt: ... and Plaintiff fails to show that any classification adopted by the Tiered Registry Law is not rationally related to any conceivable state objective. The demurrer is ruled on as follows. The notice of motion does not provide notice of the Court's tentative ruling system, as required by Local Rule 1.06(D). Counsel for moving party is directed to contact opposing party forthwith and advise counsel of Local Rule 1.06 and the Court's tentative ruling...

Excerpt: ...mber 12.1 asked GM to identify witnesses and individuals who witnessed the "INCIDENT," made statements, or have knowledge of the "INCIDENT." GM objected, but also responded: "Other than (i) Plaintiffs, (ii) employees of the dealership(s) where the vehicle was serviced, and (iii) GM call center advisors with whom Plaintiffs may have communicated regarding the SUBJECT VEHICLE, GM is not aware of any other individuals who have information. According...

Excerpt: ...deral Action Plaintiff Shannon Dockery (“Plaintiff”) filed an action on March 9, 2021, in the United States District Court for the Eastern District of California, Dockery v. Frontier Communications Corp., No. 2:21‐cv‐416‐ TLN, in which she seeks to represent a nationwide class and a California statewide class (the “Federal Action”). Plaintiff's original Complaint in the Federal Action Plaintiff alleged 13 causes of action under the ...

Excerpt: ...(“PMK”) regarding insurance provisions in the 2018 contract between WCA and CCSD. CCSD has filed a concurrent motion to compel the same depositions and request for sanctions. As the motions involve the same two depositions and substantially similar issues and arguments, the Court will address both motions in this single ruling as follows. Factual and Procedural Background This action arises out of an incident that occurred on July 14, 2018, w...

Excerpt: ...udgment or summary adjudication if all the papers submitted show that there is no triable issues as to any material fact and that the moving party is entitled to judgment as a matter of law. (Code Civ. Proc. § 437c(c); Mann v. Cracchiolo (1985) 38 Cal.3d 18, 35.) Section 437c(c) imposes an affirmative duty on a court to grant a summary judgment motion in an appropriate case. (Preach v. Moister Rainbow (1993) 12 Cal.App.4th 1441, 1450.) The Court...

Excerpt: ...smissing Plaintiff's putative class/representative action claims in accordance with the class/representative action waiver contained in the DRP; and staying this action until an arbitration was conducted and concluded. Plaintiff opposes the motion, arguing his PAGA claim cannot be compelled to individual arbitration because (1) Iskanian v. CLS Transp. Los Angeles, LLC (2014) 59 Cal.4th 348, bars individual arbitration of PAGA claims as against pu...

Excerpt: ...21, by the Hon. Cecily Bond (ret.) in Respondent's favor. The arbitration arose from Petitioners' claims for intentional misrepresentation, breach of contract and the breach of covenant of good faith and fair dealing in connection with Respondent's sale of Insight Computing, LLC and Shedlight Technology, LLC to them. Petitioners claimed that Respondent provided inaccurate and misleading information regarding the financial condition of the compani...

Excerpt: ...eks to seal the entirety of Kathryn Hoops' deposition transcripts which are exhibits C‐E in support of the motion for summary judgment. Defendant contends that the transcripts contain proprietary, confidential and private information. Defendant also seeks to seal portions of its memorandum of points and authorities, and portions of its separate statement in support of its upcoming motion for summary judgment that reference Helberg's declaration...

Excerpt: ... Rite Aid store located at 6661 Auburn Boulevard, Citrus Height, California. As Decedent entered the store, she was knocked to the floor by fleeing robbers of the pharmacy causing Decedent to suffer serious injuries which ultimately caused her demise. Decedent was urgently hospitalized for said injuries and died on December 2, 2017. They further allege that Defendants Thrifty Payless, Inc. d.b.a Rite Aid (“Defendant”) “had actual and/or con...

Excerpt: ...leging causes of action for breach of contract, breach of the covenant of good faith and fair dealing, “deceit,” “concealment,” based on allegations that Plaintiff charges credit card interest in excess of allowable rates. Cross‐complaint seeks leave to amend his cross‐complaint which he originally filed in March 2019 to delete two causes of action for deceit and fraud to “streamline[] his action into two causes of action which will...

Excerpt: ...r and race and in retaliation for making an internal complaint of discrimination/harassment against her supervisor. At issue on the instant motion are Plaintiff's responses to SMUD's requests for admissions (set one) and the accompanying form interrogatory 17.1 (which asks for facts/witnesses/documents supporting any denial of the request for admissions). The subject discovery relates to Plaintiff's allegations that she suffered severe emotional ...

Excerpt: ...essed and used his medical records in connection with their divorce and child custody proceedings. This Court previously granted Defendant's motion for summary judgment but that order was reversed by the Third District Court of Appeal as to the causes of action for invasion of privacy and IIED. Plaintiff is not claiming any bodily injury in this action though he does allege that experienced significant emotional distress as a result of the use of...