Excerpt: ...at the hearing and the parties should be prepared to point to specific evidence which is claimed to show the existence or non‐existence of a triable issue of material fact. *** Defendant Terminix International Company Limited Partnership's (“Terminix”) motion for summary judgment, or in the alternative, summary adjudication is ruled upon as follows. Overview This action is essentially a landlord/tenant dispute due to a bed‐bug infestation...

Excerpt: ...mine whether a proposed settlement in a class action is fair. (Rebney v. Wells Fargo Bank (1990) 220 Cal. App.3rd 1117, 1138.) The law favors settlement, particularly in class actions and other complex cases where substantial resources can be conserved by avoiding the time, cost, and rigors of formal litigation. (See Newberg on Class Actions 4th (4th ed. 2002) § 11.41 (and cases cited therein); Class Plaintiffs v. City of Seattle (9th Cir. 1992)...

Excerpt: ...ENIED IN PART as follows. Background This litigation arises from a business dispute in which Plaintiffs Ericson Real Estate LLC, Chris MacPhail, and Dorothy MacPhail (“Plaintiffs”) allege that Defendants 3 Point Real Estate & Construction, Inc. (“3 Point”) and Chris MacPhail (“Chris”) took profits belonging to the partnership. According to Plaintiffs' Third Amended Complaint, Plaintiff Scott Ericson (“Scott”) met Chris and his wif...

Excerpt: ...Defendant then filed an Answer. Attached to the Declaration of Hanna Kerfan (“Kerfan Decl.”) as Exhibit "2" are Defendant's Responses to Plaintiff's Request for Admissions (“RFAs”). Plaintiff asserts that “In response to the Request for Admissions, Defendant implicitly admitted they were issued the Credit Card in question and directly admitted that they were the only person to use the credit card in question. Furthermore, Defendant admi...

Excerpt: ... investment property. Now that they are no longer in a relationship, each disputes the other's interest(s) in that investment property. (Compare Compl. with Cross‐Compl.) Plaintiff Christopher Steele initiated this action when he filed his verified complaint on September 27, 2019, alleging a cause of action for partition by sale of real property and a cause of action for accounting. According to Plaintiff's Complaint, the real property at issue...

Excerpt: ... vehicle had not been involved in any collisions. Based on this representation, plaintiffs agreed to purchase the vehicle and executed a Retail Installment Sales Contract (“RISC”) pursuant to which plaintiffs made a $1,500 down payment and financed the remainder of the $11,988 purchase price plus taxes and other fees. This RISC was later assigned to Westlake Services, LLC (“WSL”). Plaintiffs subsequently discovered the vehicle had been in...

Excerpt: ...(Plaintiff) and various Defendants with respect to a purchase and sales agreement for the purchase of real property known as the Howe Manor Apartments (the Property) for $15,800,000. Plaintiff filed its original complaint on September 13, 2019 (ROA #1), a First Amended Complaint on October 24, 2019 (ROA #9), a Second Amended Complaint on July 16, 2020 (ROA #137), and a Third Amended Complaint on June 5. 2019. (ROA #165.) According to the Third Am...

Excerpt: ...clerk and opposing party of the specific issues and/or causes of action that will be addressed at the hearing. The parties are reminded that pursuant to local rules, only limited oral argument is permitted on law and motion matters. *** Background This action arises out of plaintiff's imprisonment following his 2003 conviction for arson, for which he was sentenced to 21 years in state prison as well as 16 months for probation violation. Plaintiff...

Excerpt: ...d Lane, Sacramento, CA 95833 and the ARCO/AMPM gasoline station operating on the real property. Plaintiff alleges that her husband assisted her, but neither Plaintiff nor her husband were experienced in the gas station business and relied on Chandi's representations about his extensive experience in such dealings in entering the transaction. Plaintiff contributed $900,000 towards the purchase. The real property and gas station were purchased in t...

Excerpt: ...s") Motion for a Protective Order to Prevent the Deposition of the Person Most Knowledgeable ("PMK") from Plum Healthcare Group, LLC Regarding the Management Agreement Between GI Partners and Plum Healthcare Group LLC is denied. Plaintiffs Gerard Follettie, by and through his successor‐in‐ interest, Gerard Joseph Follettie; Gerard Joseph Follettie, individually, Gary E. Follettie, individually, Cindy Lehr, individually; and Kimberly G. Phipps...

Excerpt: ...biting his deposition until he is cleared by his treating physicians to appear for deposition. Mr. Sanders is 92 years old, suffers from hearing loss and has dementia. In the moving papers, Mr. Sanders argues he did not witness the subject accident and he was not involved in the subject accident. Mr. Sanders submitted a declaration of his physician, Chor Vang, signed under penalty of perjury that states: 3. Over the past several years, I have obs...

Excerpt: ...efendant's request for judicial notice is granted. Defendant alleges Plaintiff's first cause of action for implied‐in‐fact contract, second cause of action for open book account, third cause of action for quantum meruit, and fourth cause of action for quantum meruit each fail because Plaintiff was required to accept as payment in full the Medi‐Cal fee schedule amounts set by state and federal law. Defendant also claims the first cause of ac...

Excerpt: ...eers v. Dept. of Transp. (1997) 15 Cal.4th 543, 590 (judicial notice of findings of fact does not mean that those findings are true); Steed v. Dept. of Consumer Affairs (2012) 204 Cal.App.4th 112, 120‐121.) Plaintiff David Ben Vanenger purchased a 2014 Jeep Wrangler (“the Vehicle”) manufactured by Defendant FCA. (Compl. ¶ 7.) The purchase was memorialized in the sales contract titled Retail Installment Sale Contract ‐ Simple Finance Char...

Excerpt: ...ctions filed with Plaintiffs' reply because the matters objected to were not material to the Court's determination of this motion. Overview This is a personal injury action arising out of an accident between two trucks. Hall is sued as an individual doing business as Panther Pilot Car. Hall was following one of the trucks involved in the accident performing pilot car services for the second truck. On April 30, 2021, Plaintiffs served form interro...

Excerpt: ...twelfth cause of action for fraudulent concealment in Plaintiffs' operative complaint. The motion is ruled on as follows. Plaintiffs' request for judicial notice 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. Dept. of Transp. (1997) 15 Cal.4th 543, 590 (judicial notice of findings of fact does not mean that those findings are ...

Excerpt: ...Plaintiffs allege that Defendants provided negligent pre‐natal care and failed to provide adequate care related to Night‐Naiome's delivery. At the time of Night‐Naiome's birth, Mr. and Mrs. Pearson were enrolled as members of Kaiser Foundation Health, Inc. under a group membership agreement between Kaiser and Mr. Pearson's union. When Mr. Pearson enrolled himself and his wife in the health plan, he completed an Active Plan and Special Plan ...

Excerpt: ...015, (2) a single sentence of the Medical Board of California's Expert Reviewer Guidelines, that was not attached to the copy of the request that was served on Petitioner, and (3) the dissent in an unrelated and irrelevant case. “Taking judicial notice of a document is not the same as accepting the truth of its contents or accepting a particular interpretation of its meaning.” ) While courts take judicial notice of public records, they do not...

Excerpt: ...es in pertinent part: "The reference is pursuant to Code of Civil Procedure section 639 and is solely for purposes of hearing all current and future discovery motions. Motions concerning procedural issues (i.e., motions to reopen discovery, motion to change the discovery cutoff, etc.) are not within the scope of the reference." (ROA 784). This elder abuse case has a trial preference date of October 12, 2021. Plaintiff Helen Williams was a residen...

Excerpt: ...ied. Plaintiff's motion is made upon the grounds that (1) Defendant improperly asserted boilerplate objections without justification, and (2) Defendant refuses to provide Codecompliant supplemental responses. Defendant opposes the motion arguing that its objections based upon the privacy of its employees encompassed by the two requests are valid and meritorious, and that Plaintiff has not satisfied its burden to overcome the privacy protections o...

Excerpt: ... with the issues presented by this motion is in dispute. “Taking judicial notice of a document is not the same as accepting the truth of its contents or accepting a particular interpretation of its meaning.” (citation omitted) While courts take judicial notice of public records, they do not take notice of the truth of matters stated therein. (citation omitted) ‘When judicial notice is taken of a document, … the truthfulness and proper int...

Excerpt: ... and the parties should be prepared to point to specific evidence which is claimed to show the existence or non‐existence of a triable issue of material fact. *** Defendants California Department of Corrections and Rehabilitation (“CDCR”) and California Correctional Health Care Services' (“CCHCS”) (collectively “Defendants”) motion for summary judgment, or in the alternative, motion for summary adjudication is ruled upon as follows....

Excerpt: ...ce which is claimed to show the existence or non‐existence of a triable issue of material fact. *** Defendant California Department of Corrections and Rehabilitation's (“CDCR”) motion for summary judgment, or in the alternative, summary adjudication is ruled upon as follows. The court observes that in its answer and demurrers to the second and third amended complaint, CDCR identifies itself as “Defendant, California Department of Correcti...

Excerpt: ...tability defects including mold and mildew growth, water leaks, no heat, defective heater, rodent infestation, cockroach infestation, and inadequate weather stripping, among other defects. Plaintiff alleges causes of action for Breach of the Warranty of Habitability (Civil Code 1941) Violation of Civil Code 1942.4, Breach of Contract Civil Code 3300, Breach of Quiet Enjoyment Civil Code 1927, Private Nuisance Civil Code 3501, Premises Liability, ...

Excerpt: ...allege, among other things, that Defendant Land Home Financial Services, Inc. ("Defendant") failed to compensate them for all hours worked, including minimum wage and overtime, among other things. Plaintiffs bring the action individually, on behalf of other members of the general public similarly situated, and on behalf of aggrieved employees pursuant to the Private Attorneys' General Act ("PAGA"). (First Amended Complaint (“FAC”) at 1.) The ...

Excerpt: ...e violation of the Rules of Professional Conduct. (See Ruling on Motion for Summary Adjudication, ROA 283) In its motion for summary adjudication, Bank contended Kronick could not enforce the written contract because Kronick violated the Rules of Professional responsibility by not disclosing and obtaining waiver of a conflict. " Bank asserts the law firm's failure to obtain a written conflict waiver from a client rendered the fee agreement with t...