Excerpt: ...f filed a verified complaint. On May 25, 2018, Plaintiff filed a verified first amended complaint for damages. On June 28, 2018, Defendant filed a verified answer. Trial is currently set for October 5, 2021. According to Defendant, the parties have conducted substantial discovery and Defendant concluded the third volume of Plaintiff's deposition on September 30, 2020. Defendant states that it learned during Plaintiff's deposition that claims brou...

Excerpt: ...otion for summary judgment, the Court engages in a multi‐step process. First, the Court identifies the issues framed by the pleadings. The pleadings define the scope of the issues on a motion for summary judgment. (FPI Dev. Inc. v. Nakashima (1991) 231 Cal.App.3d 367, 381‐382.) Next, the Court must determine whether the moving party has met its burden. A defendant moving for summary judgment bears the burden of persuasion that one or more ele...

Excerpt: ...rt's consideration of the motion. (CCP § 437c(q).) Requests for Judicial Notice Defendant's Request for Judicial Notice is GRANTED pursuant to Evidence Code § 452(h). Plaintiff did not submit a Request for Judicial Notice. Reply Declaration of Alan M. Laskin 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 R...

Excerpt: ...ntire Federal Insurance Company claims file regarding this matter from 01/01/2020 to the present, except for attorney client correspondence and attorney work product.” (Yuster Decl., Ex. 1 [underline emphasis added].) Following an unsuccessful meet and confer, Plaintiff filed this motion and requests that Ms. Brown be precluded from testifying and having to produce any documents in response to the deposition notice. Plaintiff argues that Ms. Br...

Excerpt: ... Inc. (“Defendant”) committed wage and hour violations, constituting: (1) violation of Cal. Labor Code §§ 226.2, 510, 1194, and 1197; (2) violation of Cal. Labor Code §§ 226.2, 226.7, and 512; (3) violation of Cal. Labor Code §§ 226.2 and 226.7; (4) violation of Cal. Labor Code §§ 226(a) and 226.2; (5) violation of Cal. Labor Code § 2802; and (6) violation of Cal. Bus. & Prof. Code § 17200, et seq. (See generally Compl.) Plaintiff a...

Excerpt: ...y situated individuals who were employed at Defendants' Almond Heights Senior Living and Memory Care Community anytime during the period from June 4, 2018 through December 3, 2020 (Settlement Period). The PAGA claims were premised on Defendants' alleged failure to pay wages, meal and rest break violations, failure to reimburse for uniform costs, failure to pay final wages or waiting time penalties, failure to provide accurate, itemized wage state...

Excerpt: ...out March 25, 2019, which was amended on or about November 14, 2019. (Complaint, ¶ 7.) For purposes of this ruling, the term “Lease” refers to the original lease from March 2019 as amended in November 2019. Plaintiff alleges that, pursuant to the Lease, Cal Fit agreed, among other things, 1) to pay base rent and Common Area Maintenance Expenses (Common Expenses), with both amounts abated before June 1, 2020 and subject to recapture, 2) to pr...

Excerpt: ...the stay. The bankruptcy court has granted Plaintiff's motion for release from stay. Thus, the court may now hear the merits of the motion. The original tentative ruling from 1/12/2021 is repeated below. Defendant Scott Pierce's (“Pierce”) “motion to enforce order" is ruled upon as follows. This is an action for breach of guarantee. On 1/13/2020, the court granted Plaintiff Associate Materials, LLC's (“AML”) application for writ of atta...

Excerpt: ...h 1, 2020, Plaintiff filed his First Amended Complaint alleging claims for: (1) failure to pay all wages; (2) failure to provide rest periods or compensation in lieu thereof; (3) failure to provide meal periods or compensation in lieu thereof; (4) failure to provide accurate wage statements; (5) failure to pay wages upon separation of employment; (6) unfair business practices; and (7) penalties pursuant to Labor Code § 2699(f). Defendant denies ...

Excerpt: ...ovide notice of the Court's tentative ruling system, as required by Local Rule 1.06. Moving counsel is directed to contact Defendants/Cross‐Complainants' 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 Defendants/Cross‐Complainants' counsel prior to hearing, moving counsel is ordered to appear at the hearing via Zoom or by tele...

Excerpt: ...rCare, LLC, Proto Equity Holdings, LLC, Terpax, Inc., SSC Carmichael Operating GP LLC, SSC LP Holdings, Inc., SSC LP Holdings II, Inc., SSC Disbursement Company, LLC, California Holdco II , LLC, SSC Equity Holdings MT LLC, Master Tenant Parent Holdco II , LLC, Admin Parent Holdco, LLC and Disbursement Parent Holdco, LLC (collectively “Jurisdictional Defendants”) motion for protective order re: financial PMQ deposition and notices related to p...

Excerpt: ...iffin, as specified in Plaintiff's notice of taking the deposition of SMUD's person most qualified (PMQ), served on May 2, 2021. SMUD also seeks sanctions in the amount of $3,370. The motion is ruled on as follows. SMUD's request for judicial notice of declarations previously filed in this action is granted. In this employment action, Plaintiff alleges her employer, SMUD, discriminated against her because of her gender and race and in retaliation...

Excerpt: ...ence, Dependent Adult Abuse, false imprisonment, human trafficking, violations of the Unruh and Bane Acts, and conspiracy to commit fraud in connection with allegations that he was improperly committed to various state hospitals (Atascadero and Coalinga State Hospitals). Plaintiff was involuntarily committed as a mentally disordered offender (“MDO”) by the San Luis Obispo County Superior Court on October 15, 2005, after it was found beyond a ...

Excerpt: ...motion matters. *** Defendant the Regents of the University of California's (“Defendant”) demurrer to Plaintiff James Jahn's first amended complaint (“FAC”) is ruled upon as follows. Overview This is an employment action. Plaintiff alleges that he was employed as an Information Systems Analyst 2 in the Information Technology Department of the UC Davis Medical Center, in Sacramento, California. (FAC, ¶ 11.) In May 2017, a coworker made a ...

Excerpt: ...efendant, Consumers Self‐Help Center Erroneously Sued as Sacramento Wellness Center (Consumers), a nonprofit organization that offers clinical, social, and wellness services. (First Amended Complaint (FAC, ¶¶ 6, 23.) Plaintiff alleges that Consumers scheduled Plaintiff to meet Defendant David Elliott (Elliott), an employee of Defendant Sacramento Steps Forward (Steps Forward), to help Plaintiff find housing. (FAC ¶¶ 7, 23.) Defendant Steps ...

Excerpt: ...ce of events leading up to the filing of this lawsuit, the Court summarizes those facts here, to wit: Plaintiff alleged that Defendant had falsely claimed that he had failed to maintain hazard/homeowners' insurance and thereby created impound accounts as to certain properties, and further alleged that Defendant had improperly claimed that Plaintiff's loan payments were delinquent, reported him to credit agencies for untimely payment, and initiate...

Excerpt: ...ivil Procedure § 998, Defendant FCA US LLC (“FCA US), without admitting liability, hereby offers the following: 1. In exchange for the subject vehicle and a dismissal of this action with prejudice in its entirety, the sum of $31,000; and 2. In addition, FCA US offers to pay reasonable costs, expenses and attorney's fees based on actual time expended pursuant to Civil Code § 1794(d) as stipulated by the parties or, if the parties cannot agree,...

Excerpt: ... section 1033.5 specifies which costs are “allowable” (id., subd. (a)), which are “not allowable ..., except when expressly authorized by law” (id., subd. (b)), and which may be allowed or denied in the Court's discretion (id., subd. (c)).” (Davis v. KGO‐TV, Inc. (1998) 17 Cal.4th 436, 441, superseded by statute on other grounds.) “An item not specifically allowable under subdivision (a) nor prohibited under subdivision (b) may neve...

Excerpt: ...ked Gabi to see the books and records for HnH. Gabi performed accounting services for HnH from 2005 through 2017. In response to the request Gabi threatened to expose personal and embarrassing information about Hindy to his friends and family and to falsely tell his community that he was committing crimes like money laundering through HnH. Hindy alleges that in reality, it was Defendants Gabi, Deloris Habibeh (“Deloris”) and Blessed Family Tr...

Excerpt: ...tiffs allege that Defendant committed dental malpractice against Caden by “pulling a running drill across [Caden's] cheek causing injuries.” (Complaint, ¶ 6.) Stephanie asserts a negligent infliction of emotional distress cause of action (“NIED”). She alleges that she was present when Caden was undergoing the dental treatment, that she was aware that Defendant was causing injury to Caden, and that she suffered serious emotional distress ...

Excerpt: ...on provides that where the party to whom requests for admission are directed fails to serve a timely responses, the requesting party may seek an order that the “genuineness of any documents and the truth of any matters specified in the requests be deemed admitted, as well as for a monetary sanction…” (CCP § 2033.280(b).) The Court must make the order “unless it finds that the party to whom the requests for admission have been directed ha...

Excerpt: ...ry 21, 2020 and January 7, 2021 respectively pursuant to CCP § 473(d) on the basis that the default is void because it was never served with the summons and the second amended complaint. Alternatively, Defendant seeks relief pursuant to CCP § 473.5 on the basis that any service did not result in actual notice in time to defend the action. Here, since service was by a registered process server, Evidence Code § 647 provides a presumption of vali...

Excerpt: ...8 in which Plaintiff alleges that Defendant collided with a vehicle driven by his mother. Plaintiff alleges that he suffered serious injuries as a result. In the FAC, which is on the judicial council form, Plaintiff alleges a cause of action for motor vehicle negligence and general negligence. He also seeks punitive damages. To that end, Plaintiff alleges that Defendant was driving under the influence of alcohol on the day in question. (FAC p. 6 ...

Excerpt: ...n, Plaintiffs allege causes of action for Professional Negligence, Breach of Fiduciary Duty, Constructive Fraud and Breach of Contract. Plaintiffs also seek punitive damages. Plaintiffs allege that non‐moving Defendant Aaron McKinney committed malpractice in connection with his representation of Plaintiff Davila in an appeal from an underlying personal injury action. At trial Plaintiff Davila obtained a judgment in his favor of approximately $5...

Excerpt: ...again republishes the following tentative ruling that was originally published on June 7, 2021. Plaintiff Ethan Conrad's (“Plaintiff”) motion for right to attach order and order for issuance of writ of attachment against defendant Tamaraina Fogg (“Fogg”) is UNOPPOSED and is GRANTED as follows. This action involves a commercial lease entered into by Plaintiff and Fogg, dated August 6, 2019, for lease of certain commercial property located ...