Excerpt: ...d on September 25, 2020. (See ROA 133.) On February 24, 2021, the Court granted Defendant's motion to set aside the default of Defendant on the basis that he had not been served with the summons and complaint. (See Code Civ. Proc. § 473.5 (“When service of a summons has not resulted in actual notice to a party in time to defend the action and a default or default judgment has been entered against him or her in the action, he or she may serve a...

Excerpt: ... 2020, Defendant served a subpoena on Plaintiff and Plaintiff's cellphone provider, Boost Mobile c/o Sprint Corporation, seeking relevant phone records over the duration of Plaintiff's employment. (Blueford Decl. ¶ 4.) Plaintiff never served objections to or sought to quash the subpoena. (Id. ¶ 5.) Boost Mobile, through counsel, informed Defendant on or about February 1, 2021, that it would only release the phone records after Plaintiff signed ...

Excerpt: ...immediately provide notice to Defendant's counsel of the tentative ruling system and to be available at the hearing, via Zoom video or audio, in the event Defendant's counsel appears without following the procedures set forth in Local Rule 1.06(B). Plaintiff moves for summary judgment on the grounds that there is no defense to the complaint, no triable issue of material fact, and no defense to any material fact, and that Plaintiff's evidence esta...

Excerpt: ... 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 2017‐2‐IH‐Borrower LP's (“Landlord”) motion for summary judgment is ruled upon as follows. Overview This is a personal injury action. Plaintiffs allege that on 2/28/2019, a large oak tree fell through the roof of Plaintiffs' home (“Property”) which they rented from Landlord. P...

Excerpt: ...arties 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 John (“John”) and Tracy Weaver's (“Tracy”)(collectively “Defendants”) motion for summary adjudication is ruled upon as follows. The court observes that Plaintiff's opposition to separate statement fails to comply with CRC Rule 3.1350(f)(2) which requires that the “natur...

Excerpt: ...their respective rights and obligations to divert and store water from the Mokelumne River under various permits and licenses issued by the California State Water Resources Control Board (“SWRCB”) and various contractual agreements. In particular, WID and EBMUD dispute the interpretation of the “1965 Agreement” (Joint Ex. B) and its effect on WID's right to water under the prior “1938 Agreement” (Joint Ex. A), and WID's License 5945 (...

Excerpt: ...t the time, Defendant Brumley was employed by Defendants Choice Coffee Services and Daiosh U.S.A., Inc. (“Employer Defendants”). Employer Defendants have admitted that Defendant Brumley was acting in the course and scope of his employment when he struck Plaintiff's vehicle. Employer Defendants are vicariously liable for Plaintiff's injuries and damages caused by Defendant Brumley. Plaintiff alleges injuries including low back pain, neck pain,...

Excerpt: ... policy and the Tom Bane Civil Rights Act. Defendant further contends that the wrongful termination and Bane Act violation causes of action that were added after the original complaint was filed do not “relate back” to Plaintiff's original complaint, and thus the actions are barred by the statute of limitations. Plaintiff's claims arise out of his termination by Defendant on December 20, 2017. On December 12, 2018, Plaintiff filed his origina...

Excerpt: ...inst public policy and the Tom Bane Civil Rights Act. Defendant further contends that the wrongful termination and Bane Act violation causes of action that were added after the original complaint was filed do not “relate back” to Plaintiff's original complaint, and thus the actions are barred by the statute of limitations. Plaintiff's claims arise out of her termination by Defendant on December 20, 2017. On December 12, 2018, Plaintiff filed ...

Excerpt: ...ndant further contends that the wrongful termination and Bane Act violation causes of action that were added after the original complaint was filed do not "relate back" to Plaintiffs original Complaint, and thus the actions are barred by the statute of limitations. Plaintiffs claims arise out of his termination by defendant Zurich American Insurance Company on December 20, 2017. On December 12, 2018, Plaintiff filed his original Complaint against...

Excerpt: ...he County has filed two identical motions for protective order, one in each case. The court is issuing the same ruling in each case. (See ruling in Case No. 2020‐00288731) This is a nuisance abatement action in which Plaintiff County of Sacramento alleges that Defendants have constructed an Accessory Dwelling Unit ("ADU") on certain real property in Fair Oaks without the requisite building permits, in violation of numerous provisions of the Cou...

Excerpt: ...he County has filed two identical motions for protective order, one in each case. The court is issuing the same ruling in each case. (See ruling in Case No. 2020‐00287693) This is a nuisance abatement action in which Plaintiff County of Sacramento alleges that Defendants have constructed an Accessory Dwelling Unit ("ADU") on certain real property in Fair Oaks without the requisite building permits, in violation of numerous provisions of the Cou...

Excerpt: ...al. v. The California State Grange, et ai. Case No. 34‐2012‐00130439.) CSG's Evidentiary Objection to the Declaration of Kevin Kasnick are sustained. The evidentiary objections to the Deposition of Betsy Huber (Fayard Decl.) are overruled. EG Guild's Evidentiary Objections to the Declaration of Herman are overruled. In its Complaint, CSG alleges the following cause of action: 1st cause of action Declaratory Relief, 2nd cause of action Cancell...

Excerpt: ...d 4. The Court will sign the formal order on the objections after the final ruling on the motion. Defendant's Request for Judicial Notice is granted. (See Poseidon Devel., Inc. v. Woodland Lane Estates, LLC (2007) 152 Cal.App.4th 1106, 1117‐18; see also Stratford Irrig. Dist. v. Empire Water Co. (1941) 44 Cal.App.2d 61, 68 [recorded land documents, not contracts, are the subject of judicial notice on demurrer].) The court, however, does not acc...

Excerpt: ...” CCP § 2031.310(b)(1) (emphasis added); Kirkland v. Sup. Ct. (Guess?, Inc.) (2002) 95 Cal.App.4th 92, 98. 2. To establish “good cause,” the burden is on the moving party to show both relevance to the subject matter and specific facts justifying discovery (e.g., why such information is necessary for trial preparation or to prevent surprise at trial.) Glenfed Develop. Corp. v. Sup. Ct.; National Union Fire Ins. Co. of Pittsburgh, Penn. (199...

Excerpt: ...iders (1) a rough approximation of the plaintiff's total recovery and the settling party's proportionate liability; (2) the amount to be paid in the settlement; (3) the proposed allocation of the settlement proceeds among plaintiffs; (4) a recognition that the settling party should pay less in settlement than if they were found to be liable after trial; (5) the financial condition of the settling party, and the insurance policy limits, if any; an...

Excerpt: ...rty seeking relief under section 473 bears the burden of proof. In re Marriage of Kieturakis (2006) 138 Cal.App.4th 56, 80. 4. “In determining whether the attorney's mistake or inadvertence was excusable, ‘the court inquires whether “a reasonably prudent person under the same or similar circumstances” might have made the same error.”' [Citation.]” Zamora v. Clayborn Contracting Group, Inc. (2002) 28 Cal.4th 249, 258. “In other words...

Excerpt: ...t in July 2020. Having not received any answer to complaint, plaintiff served by mail to Maryland (where defendant had relocated) a request for default and default judgment on 8/24/2020. According to the Court's file, both the default and default judgment were entered on 8/25/2020. On 9/14/2020 plaintiff served by mail to Maryland a Notice of Entry of Judgment. The Court notes that on 10/6/2020 defendant filed a separate breach of contract action...

Excerpt: ... sexual and racial harassment and a cause of action for wrongful termination in violation of public policy. Plaintiff, who is an African‐American female worked for Defendant Capitol Area Development Authority (“CADA”) as a leasing agent for three years. She alleges that her superiors discussed their sex life around her, made derogatory racial comments and displayed offensive pictures. (FAC ¶¶ 18, 19.) She alleges that she was sometimes re...

Excerpt: ...ing mediation in October 2020, plaintiff filed and served Doe Amendments naming the following: Doe 1: Construction Innovations Group, LLC Doe 2: Rex Moore Electrical Contractors & Engineering, Inc. Doe 3: Rex Signature Services, LLC Moving Papers. Defendants now move to quash these Doe Amendments on the ground that plaintiff was at the time the original complaint was filed in 2019 not “genuinely ignorant” of the identity of these defendants a...

Excerpt: ...ation, assault, and battery. Plaintiff alleges that Defendant ISS Facility Services, Inc. (“ISS”) was his employer. Plaintiff also “sues fictitious defendants Does 1 through 50 . . . because their names and/or capacities and/or facts showing them liable are not known presently.” (FAC ¶ 5.) Plaintiff alleges the Doe Defendants were “the agent and/or employee of every other defendant acting within the course and scope of said agency and/...

Excerpt: ...uld pay Hartin & Hume $12,000 in exchange for a dismissal of Hartin & Hume's cross‐complaint. Though there is no written settlement agreement, DCD now moves to “enforce” the oral settlement pursuant to CCP § 664.7 and requests that the Court order Hartin & Hume to sign a written settlement agreement, accept tender of $12,000, and dismiss the crosscomplaint. DCD also seeks sanctions. Hartin & Hume oppose the motion on the basis that the Cou...

Excerpt: ...iability. By way of the instant motion it moves to compel the Director of the Employment Development Department (“EDD”) and the Executive Director of the California Unemployment Insurance Appeals Board (“CUIAB”) to various forms of written discovery. The Court previously denied Defendants' motion for a protective order in which they requested that they need not respond to discovery until Plaintiff has been found to state a valid cause of ...

Excerpt: ...cal repair and maintenance services Plaintiff allegedly provided at various prisons. Plaintiff alleges that it subcontracted with Vistam to provide electrical services at several of the CDCR's facilities and that Vistam failed to pay as agreed. Plaintiff alleges breach of contract causes of action against Vistam in addition to various common count causes of action, stop notice causes of action and a cause of action for failure to provide a bond. ...

Excerpt: ...ion papers (or the exhibits thereto) since the Court's consideration in connection with a demurrer is by law limited to only those facts properly alleged in the pleading being challenged and those facts for which judicial notice is both requested and granted. Factual Background Plaintiffs Stettner and Zousmer, both of whom have leased Mercedes‐Benz vehicles, filed this action “seeking public injunctive relief arising from [MBFS's] unlawful bu...