Excerpt: ..., as well as to appoint a receiver to handle the repairs and bring the property into code compliance. The City now moves to appoint Bay Area Receivership Group and its President, Gerard F. Keena II, as the receiver. The “Subject Property” is located at 4003 Washington Avenue, Sacramento, California 95820, and identified by Assessor's Parcel Number 002‐0073‐026‐0000. The Subject Property has a history of substandard conditions dating bac...

Excerpt: ...xistence, 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) 204 Cal.App.4th 112, 120‐121 [“[W]hile the existence of any document in a court file may be judicially noticed, the truth of the matters asserted in those documents, including the factual fin...

Excerpt: ...ual was shot and killed and while he was determined not to be the killer, though he was found guilty of robbery. (FAC ¶ 7.) He alleges that the laws regarding the felony‐murder rule changed during his incarceration such that if the “perpetrator was not the shooter resulting in the death of an individual then a sentence should have been for a far lesser period of time.” (Id. ¶ 9.) He alleges that as a result of the change in aw he was “i...

Excerpt: ...t and a notice with California's Labor and Workforce Development Agency (“LWDA”) regarding his intent to file an action seeking civil penalties under PAGA. (Ly Decl. ¶ 4.) On May 9, 2016, Plaintiff filed a First Amended Complaint (“FAC”), adding the PAGA claim based on the facts previously alleged in the Complaint. (ROA 7.) Plaintiff filed a Second Amended Complaint on February 23, 2017. (ROA 42.) The operative Complaint alleges claims f...

Excerpt: ...Judicial Notice (“RJN”), which attaches copies of court filings in this action, is unopposed and is granted. This lawsuit arises from a dispute related to Plaintiff Phoenix Enterprises, Inc.'s attempt to purchase membership interests of Defendant. Defendant Guardian Investment Capital, LLC (“Guardian”) and H16 Apartment Investors, LLC each own a 50% interest in Defendant. H16 Grupe Investors, LLC (“Grupe”) and H16 Local Investors, LLC...

Excerpt: ...ensated for her injuries due to the car accident, after having made an underinsured claim to her alleged insurer, Defendant CSAA. (See generally, Complaint.) In particular, the Complaint alleges that: On July 7, 2017, Plaintiff was injured in a traffic collision caused by another driver. As she was exiting Highway 50, approaching the intersection in her 2008 Honda Civic, intending to make a right‐hand turn onto Watt Avenue, the driver behind he...

Excerpt: ...tained as the result of a slip and fall while he was incarcerated at the Rio Consumnes Correctional Center on October 27, 2015. (Declaration of Jonathan B. Paul (“Paul Decl.”) ¶ 4.) The First Amended Complaint was filed on November 9, 2016. (Id.) It alleges that Defendant Deputy Florence Martin is liable for Negligence, Premises Liability, and Intentional Tort following Plaintiff's slip and fall within a bathroom. On November 9, 2016, a summ...

Excerpt: ... breach of contract, breach of fiduciary duty, fraud, misrepresentation, and other similar claims, and seeks damages for the alleged worker's compensation insurance overcharges, attorneys' fees, and expenses. The settlement class encompasses all current and former clients of FPI for whom FPI secured worker's compensation insurance in connection with managing Class Members' properties. The Settlement Agreement (“Settlement”) is attached as Exh...

Excerpt: ...by Plaintiff California State Association of Counties Excess Insurance Authority, a California Joint Powers of Authorities (“Plaintiff”). Defendant/Cross‐Complainant Hartin & Hume, Inc. (hereinafter "Hartin") was the general contractor hired by Plaintiff to perform tenant improvements at the Subject Property. Sure‐Clean was hired by Hartin to apply Protectosil Aqua‐Trete to the exterior brick veneer of the Subject Property. (Declaration...

Excerpt: ...as employed by defendants from “approximately April 2019 to approximately June 2019” (Compl., ¶21) and on 9/10/2020, she provided written notice of this PAGA claim to both the LWDA and defendants (Compl., ¶18). Having not received within 65 days any notice of the LWDA's intent to proceed with an investigation of the allegations (Compl., ¶18), plaintiff commenced this action on 11/17/2020. Moving Papers. Defendants contend plaintiff's PAGA ...

Excerpt: ... motion to compel further responses to requests for production Nos. 1, 6, 8‐10, 11‐33, 41, 44, 54, 58, 59, 76 and 80. The requests related to Defendant's investigation and analysis regarding the subject defects and Defendant's warranty and repurchase policies. Defendant moves for reconsideration of the Court's Order as it relates to requests nos. 13‐24, 26‐33, and 59. It argues that since the Order, it has now conducted a preliminary sear...

Excerpt: ...Code section 51.5 on grounds that both fail to state facts sufficient to constitute a cause of action. Defendants requests for judicial notice are granted. Plaintiff's FAC alleges that Defendant discriminated against him on the basis of his sex when Plaintiff viewed a BananaRepublic.com website email promotion in or around May 2020 advertising different percentage discounts for women's and men's styles available to be claimed by costumers. (See F...

Excerpt: ...ue to a fire. Plaintiffs allege that co‐defendant Allstate Insurance Co. (“Allstate”) acted in bad faith by failing to pay the full amount to reconstruct the house. Following the fire, Defendants “under evaluated the condition of the remaining premises and the nature and extent of cost for reconstruction.” (SAC, ¶ 24.) Plaintiffs allege that “ALLSTATE INSURANCE COMPANY had an extensive working relationship for years with [Defendants]...

Excerpt: ...e Court's tentative ruling system as required by Local Rule 1.06(D). Counsel is ordered to notify opposing counsel immediately of the tentative ruling system and to be available at the hearing, via Zoom video or audio, in the event opposing counsel appears without following the procedures set forth in Local Rule 1.06(B). This is a wage and hour action filed by Plaintiff, alleging causes of action for (1) unfair competition in violation of Busines...

Excerpt: ... California 95610 (“Subject Property”). Ms. Bissett inherited the Subject Property from her parents. (RJN, Exh. 1.) The Subject Property was encumbered by a First Deed of Trust in favor of Flagstar Bank, which was later assigned to Quicken Loans (“Loan”). (RJN, Exhs. 2, 3.) Ms. Bissett defaulted on the Loan and a Notice of Default was recorded against the Subject Property on March 20, 2019. (RJN, Exh. 4.) A notice of trustee's sale was re...

Excerpt: ...tion for summary judgment. On March 23, 2021, counsel for American Staffing Service Douglas Watts filed a declaration pursuant to Code of Civil Procedure section 437c(h). As noted in the Court's ruling of April 8, 2021, granting the motion for summary judgment: Mr. Watts' declaration contained the following flaws: “‐ The request for continuance was not submitted with an opposition or via an ex parte application as required by Code of Civil Pr...

Excerpt: ...tion for summary judgment. On March 23, 2021, counsel for American Staffing Service Douglas Watts filed a declaration pursuant to Code of Civil Procedure section 437c(h). As noted in the Court's ruling of April 8, 2021, granting the motion for summary judgment: Mr. Watts' declaration contained the following flaws: “‐ The request for continuance was not submitted with an opposition or via an ex parte application as required by Code of Civil Pr...

Excerpt: ...cates Series 2005. The motion 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 is ordered to notify opposing counsel immediately of the tentative ruling system and to be available at the hearing, via Zoom video or audio, in the event opposing counsel appears without following the procedures set forth in Local Rule 1.06(B). Plaintiff's request for...

Excerpt: ...at 7222 Boa Nova Drive in Elk Grove. Plaintiff purchased the residence from Defendant in October 2016 and had executed deeds of trust pledging the property as collateral in the event he defaulted on payments to Defendant's lender and to Defendant herself. After the Grant Deed was recorded, Plaintiff apparently failed to make any payments to anyone, including Defendant and Defendant's lender. Accordingly, a nonjudicial foreclosure occurred, culmin...

Excerpt: ...d advise her of Local Rule 1.06, the Court's tentative ruling procedure, and the manner to request a hearing. If moving counsel is unable to contact Defendant prior to hearing, moving counsel is ordered to appear at the hearing by Zoom in the event Defendant appears without requesting a hearing pursuant to the Local Rules. California Code of Civil Procedure section 664.6 provides: “If parties to pending litigation stipulate, in a writing signed...

Excerpt: ...Jr., in a JAMs arbitration. The arbitration was conducted by a three arbitrator panel (Honorable Ignazio Ruvolo (ret.), the Honorable Joseph Biafore (ret.) and the Honorable Richard Silver (ret.)). In the Final Award, the Panel rejected all of Plaintiff's claims against Defendant and awarded Defendant $1,202,453.14 in reasonable attorneys' fees and costs. By way of background, Plaintiff commenced an action in this Court by filing a complaint agai...

Excerpt: ... of emotional distress. Plaintiffs Todd Allexy and Kelly Angel (collectively “Plaintiffs”) allege that Defendant sells, installs and distributes off‐road vehicle products. In September 2020, Plaintiffs were riding on a 2019 Polaris RZR Turbo S, which is a side‐by‐side, four‐wheel, off‐road vehicle. The vehicle was equipped with an exhaust system and a tuner produced/sold by other defendants. Defendant sold the vehicle to Todd Allexy...

Excerpt: ...n June 26, 2019 stipulation for settlement reached at the mandatory settlement conference conducted by Judge Davidian on June 25, 2019. Pursuant to that agreement, Defendants were to make certain payments to Plaintiffs, including a $5,000 payment when Plaintiffs vacated the Property. Title to the Property was to remain in Defendants' names. Defendants were to “refinance the existing mortgage or sell [sic] payoff all current liens in the name of...

Excerpt: ... 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.) I. Overview This is a lemon law action. Plaintiffs allege that they in January 2016 they purchased a 2017 Mercedes Benz from non‐party Mercedes‐Benz of Marin (“Dealer”). Plaintiffs allege that in connection with the purchase, they received variou...

Excerpt: ...o which Plaintiff brought his vehicle in for at least one repair. Plaintiff asserts a negligent repair action against Future Ford alleging that Future Ford breached its duty to Plaintiff to use ordinary care and skill by failing to properly store, prepare and repair the vehicle in accordance with industry standards. Plaintiff has also named co‐defendant Ford Motor Co. (“FMC”), the manufacturer of the vehicle, as a defendant to the Song‐Be...