Excerpt: ...esult, plaintiff was fired by PG&E after 20 years of employment . Plaintiff's residence faces Watchel Way. Behind his residence, his property extends beyond a private lane named Lois Lane. Each of the neighbors owns a portion of Lois Lane. Defendant owns the portion of Lois Lane that connects to Watchel Way and contains the point of ingress to Lois Lane. It was plaintiff's use of Lois Lane in constructing his pool with the PG&E equipment that gav...

Excerpt: ...Notice of Motion seeks Summary Judgment, and alternatively summary adjudication of the 7th cause of action for Quiet Title. However, the Separate Statement filed in support of the motion is limited to the 7th cause of action for Quiet Title, the Court construes the motion as limited to Summary Adjudication of the Quiet Title Claim. The Cross‐complaint alleges Vitulano purchased the subject Property in March 2014. Since March 2014, Vitulano live...

Excerpt: ...�and‐hour provisions. The class is defined as “All current and former non‐exempt Production employees employed by Alsco, Inc. dba Steiner Corporation in the State of California at any time from October 15, 2015 through October 25, 2020.” Defendant filed a notice of non‐opposition to the motion. In approving a class action settlement, the Court is to determine whether the settlement is fair, reasonable and adequate, in light of all of th...

Excerpt: ... ("CDCR"), Folsom, and County of Sacramento created a dangerous condition of public property when they closed part of a roadway while a CDCR inmate crew worked on the sides of the road to perform weed abatement. Plaintiff Maria Luisa Hills walked on foot on the roadway, where she was subsequently struck by a car driven by Defendant Carolyn Vodoklys. Plaintiffs Maria Luisa Hills and her husband Barry Hillls' Third Amended Complaint alleges against...

Excerpt: ...n show that the parties met and conferred via email only (Mr. Harper on February 10, 2021: “I will just meet and confer via email.”) However, the meet‐andconfer requirements of CCP § 430.41 are not optional and parties must meet and confer “in person or by telephone.” Future meet‐and‐confer efforts pursuant to CCP § 430.41(a) shall be done “in person or by telephone.” Overview The Cross‐Complaint arises out of chiropractic c...

Excerpt: ...06. Moving counsel is directed to contact Plaintiffs' 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 Plaintiffs' counsel prior to hearing, moving counsel is ordered to appear at the hearing via Zoom or by telephone. Defendant's request for judicial notice of a prior ruling from this Court on March 24, 2021, in Dickerson v. Ford Mo...

Excerpt: ...plaint ¶¶ 9‐ 10.) On February 23, 2017, Plaintiff executed Defendant's Agreement to Mediate and Arbitrate Disputes (the “Agreement”). (Van Wagner Decl. ¶ 6, Exh. 1.) The Agreement provides Plaintiff and Defendant “both agree that any issue between Employee and Parkwest Casino Lotus, or any of its employees, agents, officers, directors or affiliates (the “Parkwest Casino Lotus Parties”) which relates to my employment with Parkwest C...

Excerpt: ...rsuant to CCP §§ 178, 1218(a), and 1219(a) is DENIED without prejudice as follows. This action was filed to enforce' claims of Plaintiffs (now Judgment Creditors) for unpaid wages, penalties, and other relief as authorized by law. After the defendants disregarded multiple orders of this Court, the Court struck the answers of Judgment Debtors. (ROA 170.) Following a default prove‐up hearing, Judgment was entered against the defendants, and add...

Excerpt: ...litation (CDCR) and Kathleen Allison in her official capacity as Secretary of the CDCR from enforcing operational regulations that CDCR recently adopted on an emergency basis which increase certain prison inmates' earning rate of good conduct credit (the Regulations). As the Court explains below, the motion is denied. Amicus are 12 crime victims' rights organizations and the California District Attorney Association that have applied for leave to ...

Excerpt: ...a Mechanical, Inc. (“Defendant”) provides plumbing installation services for residential, construction, and commercial properties. Defendant employed Plaintiffs as install technicians and compensated them at a piece rate. Plaintiffs allege that they and all other install technicians and repipe installers who were paid on a piece rate basis for each job performed, were not paid for nonproductive time, such as rest breaks, drive time, and other...

Excerpt: ...0,326.00. The motion is denied as set forth below. The motion is not opposed. Wilmington moves to terminate Majidi's action as a sanction upon the ground that Majidi's entire First Amended Complaint (“FAC”) is frivolous and brought in bad faith because it is without any legal merit or factual and evidentiary support, and therefore it is maintained by Majidi for an improper purpose. Wilmington argues in general that Majidi commenced this actio...

Excerpt: ...ON, Secured Party, Authorized Representative for: Eric Richard Eleson Trust J‐59564" within 48 hours of receiving it. For purposes of oral argument only, the hearing date shall be continued to July 15, 2021. The continuance date will be an appearance required hearing so that Plaintiff need not request oral argument. The litigation coordinator shall make Plaintiff available by Zoom audio (if available) to participate in oral argument at 9:00 a.m...

Excerpt: ...ing revealed that Decedent had risk for pressure injuries, and SMCS' nursing staff created a skin integrity care plan. (Complaint, ¶ 25.) The plan indicated that SMCS' nursing staff would monitor his skin at least two times daily for redness or breakdown and report to a physician for further treatment orders in the event of any skin breakdown issues, and to reposition him at least every two‐hours. (Complaint, ¶¶ 26‐ 27.) On many occasions ...

Excerpt: ...tween Respondent, a major league baseball player, and Petitioners, his former agent. Petitioners and Respondent entered into a settlement agreement whereby Petitioners agreed to pay Respondent $1,000,000 in periodic installment payments through December 1, 2018. Petitioners failed to make all the payments and Respondent filed a grievance (“Grievance”) pursuant to the Major League Baseball Players' Association's Regulations Governing Player Ag...

Excerpt: ...ing 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 will be July 14, 2021, to participate in oral argument. To appear on Zoom telephonically, call (888...

Excerpt: ...atterson, LLP's motion for summary judgment, or in the alternative, summary adjudication, is ruled upon as follows. Defendants' request for judicial notice is granted to the limited extent that the Court will take judicial notice that during the business week ending Friday, February 2, 2018, the Dow Jones and the S&P 500 each decline approximately 4% and that the decline accelerated on Monday, February 5, 2018. Plaintiff does not oppose the reque...

Excerpt: ...664.6. CCP § 664.6 provides: “If parties to pending litigation stipulate, in a writing signed by the parties outside the presence of the court or orally before the court, for settlement of the case, or part thereof, the court, upon motion, may enter judgment pursuant to the terms of the settlement. If requested by the parties, the court may retain jurisdiction over the parties to enforce the settlement until performance in full of the terms of...

Excerpt: ...al financial information. Defendants conditionally lodged unredacted versions of the documents on April 15, 2021. Defendants filed redacted versions of these documents the same day (ROAs 43, 44, and 46.) While Defendants lodged numerous documents conditionally under seal, the Tribe only moves to seal Exhibits G, R and T of Defendants' motion for summary judgment. According to the Tribe, these documents contain confidential financial information a...

Excerpt: ...ons of Cross‐Complainants Joseph Perez and Business Alliance Insurance Company's cross‐complaint pursuant to CCP § 418.10 on the basis that Mr. Gordillo was never personally served with the summons and cross‐complaint. The proof of service purports to show that Mr. Gordillo was personally served in his individual capacity and also as agent for service of process for Emerald Patch on March 7, 2021 at 11735 Kouros Way (the “Property”) in...

Excerpt: ...ion as an authorized representative of the Labor and Workforce Development Agency (LWDA) and similarly situated individuals who were employed by Defendants JS Folsom Automotive, Inc., Clifton Smith and Denise Dewy in California as non‐exempt employees from June 17, 2019 to June 15, 2021. The PAGA claims were premised on the alleged failure to pay overtime, failure to pay minimum wages, failure to provide meal and rest periods, failure to provid...

Excerpt: ...otice is granted to the limited extent that the Court will take judicial notice that during the business week ending Friday, February 2, 2018, the Dow Jones and the S&P 500 each decline approximately 4% and that the decline accelerated on Monday, February 5, 2018. Plaintiff does not oppose the request as limited. It does, however, oppose the request to the extent that it is construed as asking to accept the contents of two online articles are tru...

Excerpt: ...noticed for May 21, 2021 which was the date agreed to by the parties. However, when Defendant indicated that he desired for the deposition to proceed by video due to COVID‐19 concerns, Plaintiff would not agree. Defendant's counsel then issued a notice of deposition for Defendant which set the deposition for May 20, 2021. Plaintiff's counsel informed Defendant's counsel that he was not available that day and that Plaintiff had priority to depos...

Excerpt: ...that Defendant Presson fraudulently induced Plaintiffs to enter into the Stock Purchase and Sale Agreement and a Consulting Agreement. Plaintiffs allege that Defendants conduct leading up to and after the stock transfer caused them harm and bring fourteen causes of action based on Defendants' alleged conduct. Analysis 1. First COA for Rescission of Stock Purchase Agreement Based on Fraud Plaintiffs allege Presson failed to disclose that the purpo...

Excerpt: ...ded Claimant's vehicle, and Mr. Tronco then fled the scene. (Nathan Decl. ¶ 2.) At the time of the accident, Claimant Montoya was driving for UBER Technologies and transporting a rider, claimant Jose De Jesus Martinez. Claimant Montoya sustained a traumatic brain injury and major injuries to his neck and back requiring ongoing treatment and future surgery. (Ibid.) Claimant Martinez was also injured. (Chryssafis Decl. ¶ 2.) Claimant Montoya and ...

Excerpt: ...on 7/7/21, two discovery motions on calendar on 7/14/21, two discovery‐related motions to seal on 8/26/21, and the three motions recently heard on 4/13/21, the Court on its own motion is appointing a discovery referee pursuant to Code of Civil Procedure § 639(a)(5) to hear all discovery motions in this case. As early as August of 2020, Court urged the parties to stipulate to a discovery referee in this case: The Court notes that in addition to...