Excerpt: ...ual capacity, as well as successor‐in‐interest to decedent Louise Chappell (“Decedent”), alleges that Decedent was a resident at Gramercy Court from August 16, 2018 through September 13, 2018. Plaintiff alleges that as a result of Gramercy Court's reckless neglect, Decedent passed away. The Sacramento County Coroner's office began an investigation and later ruled her death a homicide. At issue is RFP No. 1 (set three) which requests: “E...

Excerpt: ...e motion is ruled on as follows. Plaintiff filed his complaint on March 27, 2019, alleging causes of action for (1) breach of contract, (2) breach of the implied covenant of good faith and fair dealing, and (3) specific performance. Legal Standard The Court must grant a motion for summary judgment 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 ...

Excerpt: ...eposition 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, individually (collectively, “Plaintiffs”) opp...

Excerpt: ...y 14, 2021, because Plaintiff filed a notice of motion but the Court did not have the full set of briefing. The Court continued the hearing to allow Plaintiff to submit the full briefing served on CalOES. Plaintiff also seeks $5,312 in sanctions. The motion is ruled on as follows. Plaintiff filed a declaration from Nationwide Legal, LLC, explaining how the documents were not filed with the Court. (Oberlink Decl.) The full briefing was filed on Ju...

Excerpt: ...nsel 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 by Zoom or by telephone. Both moving and opposing counsel failed to comply with CRC Rule 3.1110(b)(3)‐(4). Factu...

Excerpt: ...titutions Code § 15600, et seq., (2) Violation of Patients' Bill of Rights under Health and Safety Code § 1430(b), and (3) Wrongful Death. Moving parties seek to strike the claim for attorneys fees under CCP 1021.5 and language concerning injunctive relief under the Violation of Patient's Bill of Rights cause of action. A motion to strike is appropriate to strike out any irrelevant, false or improper matter asserted in any pleading and the Cour...

Excerpt: ... of the notice of class action settlement to the Class, (5) appointing the proposed Settlement Administrator, (6) appointing the Class Representative, (7) appointing Class Counsel, and (8) setting a hearing for final approval of the settlement. Background Plaintiff was employed by Defendants as a nonexempt Licensed Vocational Nurse/House Supervisor at Valley Recovery Center in Sacramento from on or about February 2018 to May 2018. Plaintiff's mai...

Excerpt: ...material to the court's ruling on this motion. Overview Plaintiffs previously represented Defendant Priscilla Hill in litigation brought by Hill in 2011 (the “Hill Action.”) In 2015, Plaintiffs were disqualified from further representing Ms. Hill in the Hill Action. On or about June 2, 2015, Hill engaged Defendant/moving party Port Parker to take over representing Hill in the Hill Action. On October 14, 2015, Plaintiffs filed a “Notice of L...

Excerpt: ...nt for breach of partnership agreement, breach of fiduciary duty, dissolution of partnership and for an accounting. Defendant has filed a crosscomplaint against Plaintiff. At issue on the instant motion are Defendant's responses to certain form and special interrogatories propounded by Plaintiff. Special Interrogatories Nos. 1, 2, 4, 5, 7, 8, 10, 11, 13, 14, 16, 17, 19, 20, 22, 23, 25, 26, 28 and 29. The motion is granted in part as set forth bel...

Excerpt: ...e floor being wet. Plaintiff alleges causes of action for negligence and premises liability. On January 26, 2021, this Court granted Defendant's motion to deem the matter in its request for admissions (set one) to Plaintiff Kay Lewis admitted. The admissions asked Plaintiff to admit that there was a wet floor sign at the scene of the incident, that she saw the wet floor sign, that she was in a hurry, walking fast and wearing heels. She was also a...

Excerpt: ...st for Judicial Notice Defendants' Request for Judicial Notice is GRANTED in its entirety pursuant to Evid. Code 452(d) [records of any court of this state.]) Factual Allegations In October 16, 2016, Plaintiff entered into a contract (the “2016 PSA”) with Defendants Platinum Capital Investment Partners, LP (“PCIP”) and Sac Valley Holdings 88th, LLC (“SV88”) related to the real property located at 5852 88th Street in Sacramento, CA (th...

Excerpt: ...dant's representative and Plaintiff's Union is granted. In this putative class action, Plaintiff alleges numerous causes of action premised on alleged violations of the Labor Code. Plaintiff alleges that he was employed by Defendant as an hourly, non‐exempt cement truck driver. (Comp. ¶ 9.) The various Labor Code causes of action are premised on allegations that Defendant failed to pay minimum wages, failed to pay overtime, failed to provide m...

Excerpt: ... it will grant final approval of the class action settlement, subject to certain conditions, the Court must still hold a hearing on the motion as it may involve the receipt of evidence. Although the Court anticipates that no party will request oral argument, and while no class member indicated any intent to appear at the hearing, this does not relieve the parties from appearing at the hearing or otherwise render the instant ruling final in the ev...

Excerpt: ...juga PAGA Notice Letter to the LWDA, and Plaintiffs' Notice Letters to the LWDA, is unopposed and 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) 20...

Excerpt: ...leged "defects" during the warranty period. (See generally id.) Plaintiffs' First Amended Complaint (“FAC”) asserts claims against GM for violations of the Song‐Beverly Consumer Warranty Act and fraudulent inducement‐concealment. The FAC alleges that on or about June 14, 2019, Plaintiff purchased a 2018 Chevrolet Silverado, VIN 1GCVKREH3JZ360864 (the "Subject Vehicle" or "Chevrolet"). (FAC ¶ 4 ‐5.) Fraud and Specificity GM contends tha...

Excerpt: ... Request for Judicial Notice submitted with its Reply is DENIED. All evidence in support of a motion must be served along with the notice of motion and points and authorities. (CCP § 1005(b).) Supplemental Declaration of Kimberly A. Worley All evidence in support of a motion must be served along with the notice of motion and points and authorities. (CCP § 1005(b).) Defendant filed a second declaration of counsel with their Reply that attached t...

Excerpt: ...on 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, individ...

Excerpt: ...nopposed and which this Court granted on November 17, 2020. (ROA 31.) In that ruling, the Court ordered responses to be served by December 30, 2020. Defendant thereafter served responses, stating that it would produce documents responsive to the requests. Plaintiff contended that none of the documents were produced as promised and thereafter filed another motion to compel, which also was unopposed and was granted in part on April 22, 2021. (ROA 5...

Excerpt: ...Leaf, Inc. (“TL”) is the sublessee. In November 2017, CMS Woodlake Property LLC (“CMS”), as lessor, and STDO as, lessee, entered into a written lease for the Property pursuant to a Master Lease (“Master Lease”). In December 2017, STDO, as sublessor, and TL, as sublessee, entered into a written lease (the “Sublease”) and First Addendum thereto. The Sublease incorporated by reference and is subject to the Master Lease. The Master Le...

Excerpt: ...l notice of the complaint filed in this action is granted. Defendants allege Plaintiff's seventh cause of action for premises liability against Moving Defendants fails as a matter of law because they did not owe Plaintiff any duty to take affirmative action to control the wrongful acts of a third party, and because Plaintiff has no evidence of any facts tending to prove Moving Defendants owed Plaintiff any duty to take affirmative action to contr...

Excerpt: ...he Property”). The motion is ruled on as follows. Defendant/Cross‐Complainant Civic Financial Services, LLC, and HMC Assets LLC, solely in its capacity as an administrator of Civic Holdings I Trust's (collectively, “Civic” or “Civic Financial”) 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...

Excerpt: ...8, 2014, through July 10, 2021 or the date preliminary approval is granted, whichever occurs earlier. (Han Decl. ¶ 10.) On May 28, 2018, Richard Baretich filed a class action complaint in San Diego County Superior Court (Case No. 37‐2018‐00024796‐CU‐OE‐CTL), alleging 8 causes of action: (1) violation of Labor Code sections 510 and 1198 (unpaid overtime); (2) violation of Labor Code sections 226.7 and 512(a) (unpaid meal period premiums...

Excerpt: ...g system, as required by Local Rule 1.06. Moving counsel is directed to contact Plaintiff's counsel and advise counsel 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 Plaintiff's counsel prior to hearing, moving counsel is ordered to appear at the hearing via Zoom or by telephone. Background For purposes of this demurrer, the relevant facts alleged are as fo...

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. Factual Background This action arises out of plaintiff's employment with defendant. Plaintiff's complaint filed on 1/20/2021 asserts “on behalf of the State of California, as a private attorney general” a...

Excerpt: ...y were "victims of unlawful sexual harassment, sexual assault, abuse, bullying and other misconduct" by multiple students of San Juan Unified School District. They are represented by their guardians ad litem, T.W. ROE and K.D. ROE respectively. Plaintiffs allege that defendant negligently supervised the perpetrators who allegedly assaulted plaintiffs from August 2018 to June 2019. Defendant seeks an order compelling Plaintiff's medical provider L...