Excerpt: ...confer and agree on the language of the Belaire notice. This motion is not actually a motion to compel a further response to the special interrogatory. Rather, the motion is made in response to the Court's earlier ruling on this interrogatory requiring the parties to meet and confer to agree on the form of the Belaire notice. After meeting and conferring, the parties are at an impasse. Plaintiff also seeks by this motion an order that the par...

Excerpt: ...e claimed costs on or before May 3, 2019. Defendant was to have served a response to the plaintiff's brief on or before May 10, 2019. No response to the plaintiff's May 3 brief was filed. The Court rejects the argument that the motion to tax set forth in the initial opposition was untimely for the reasons stated in the first paragraph under "Costs" of the tentative ruling of April 10, 2019. The Court has reviewed the additional br...

Excerpt: ...382 authorizes class actions "when the question is one of a common or general interest, of many persons, or when the parties are numerous, and it is impracticable to bring them all before the court ... ." (Code Civ. Proc. § 382.) Generally, a class suit is appropriate "when numerous parties suffer injury of insufficient size to warrant individual action and when denial of class relief would result in unjust advantage to the wrongdoer...

Excerpt: ...d the demurrer as to the second cause of action for violation of Civil Code § 52.1 (Bane Act). Where leave was given, Plaintiff had until April 4, 2019 to file an amended complaint. Plaintiff did not file an amended complaint. Defendant now seeks an order dismissing the second cause of action from the complaint pursuant to CCP § 581(f)(2) given Plaintiff's failure to file an amended complaint amending that cause of action. Even though the motio...

Excerpt: ...e and Oil Consumption Defects”), Plaintiff seeks to compel Defendant to provide full and complete responses to certain requests for production. Requests Nos. 1, 10, 20, 21, 24‐31, 33‐35, 74, 91 and 92 relate to Defendant's investigation and analysis regarding the defects. Requests Nos. 7, 44, 50, 52‐55, 59 and 67 related to Defendant's warranty and repurchase policies. Defendant interposed numerous objections to the requests for productio...

Excerpt: ... responses by April 8, 2019. Defendants were also ordered to pay $1,100 in monetary sanctions. Plaintiff now seeks additional monetary sanctions and issue sanctions on the basis that Defendants failed to provide the Court ordered responses. The Court received but did not consider Defendants' counsel's declaration filed on May 14, 2019, two days before the Court hearing indicating that responses were served on May 13, 2019. No responses we...

Excerpt: ...enger. Plaintiff and Menez are married. Menez's vehicle collided with a vehicle that was driven by Defendant Joseph Molina. Plaintiff also named Patrick Torres and his employer Snow Seed & Supplies as defendants. Mr. Torres was driving a vehicle pulling a trailer. Plaintiff suffered an injury to her spinal cord in the accident and underwent a threelevel fusion for what was diagnosed as a cervical fracture dislocation. Plaintiff missed approxi...

Excerpt: ...otion For Summary Judgment, Per Section 473b Code of Civil Procedure GRANTED in part. The Court will consider Defendants' late‐filed reply brief, but will not consider the voluminous additional documentary evidence improperly included with that brief, which Defendants' counsel's declaration fails to explain or justify. "The general rule of motion practice, which applies here, is that new evidence is not permitted with reply pape...

Excerpt: ...otion For Summary Judgment, Per Section 473b Code of Civil Procedure GRANTED in part. The Court will consider Defendants' late‐filed reply brief, but will not consider the voluminous additional documentary evidence improperly included with that brief, which Defendants' counsel's declaration fails to explain or justify. "The general rule of motion practice, which applies here, is that new evidence is not permitted with reply pape...

Excerpt: ...iff's Complaint alleged on December 4, 2017, Defendant held a press conference where she publicly and falsely accused Plaintiff of sexual assault at a pre‐wedding party on January 16, 2016, in a hotel suite bathroom in Las Vegas. Plaintiff also alleged Defendant defamed him in a report she filed with the California State Assembly on the same day, in which she made similar false statements. On October 23, 2018, Defendant filed a special motion t...

Excerpt: ...n alleged slip and fall accident that occurred on September 8, 2015, at the 99 Cents Only Store located at 2224 El Camino Avenue, Sacramento, California. Plaintiff claims to have slipped on a slippery substance and fell, which resulted in injuries. Plaintiff propounded her first set of requests for production of documents on Defendant on June 6, 2018. (Shabani Decl. ¶ 5, Exh. 1.) Defendant, who was previously represented by James Pagliero (since...

Excerpt: ...s follows. The Court notes four separate writs of attachment are on calendar for today's date, but, by this single ruling, the Court addresses all four writs of attachment. Defendants Keine's, Jensen, and Carlson (represented by the same counsel) have submitted a single opposition. Siebly has not submitted any opposition. Keine's, Jensen's, and Carlson's request for judicial notice is granted as to item 1 (the Cross‐Complaint filed in this acti...

Excerpt: ... dba Shannon's Mobile Home Park SP, and Shannon's Mobile Home Park SP (collectively, “Defendants”). Plaintiff was walking up the stairwell when the rail broke causing him to fall and break his right leg. Plaintiff filed a complaint against Defendants on October 24, 2018, alleging premises liability and general negligence. On or around March 13, 2019, Defendants caused to be served on counsel and the providers, deposition subpoenas for the pro...

Excerpt: ...udicial notice on reply is DENIED. “Simply because information is on the Internet does not mean that it is not reasonably subject to dispute.” (Huitt v. Southern California Gas Co. (2010) 188 Cal.App.4th 1586, 1605, fn. 10.) Defendants move to disqualify Lewis Brisbois on the grounds Defendants revealed privileged, confidential information material to this litigation to Lewis Brisbois partner Jeffrey S. Ranen in the course of telephone conver...

Excerpt: ...d complaint. The proof of service states that defendant Joyce Levels was personally served with the summons and complaint by the registered process server on June 28, 2018 at 6:42 p.m. Default and default judgment were entered September 27, 2018. There is, as of yet, no notice of entry of judgment in the court's electronic file, CCMS. Both defendant and her husband have submitted declarations stating that defendant was not personally served b...

Excerpt: ...Request for Admissions, Set One and Form Interrogatories, Set One. (Jagannath Decl. ¶9.) In pertinent part, CCP 2033.280 states: "If a party to whom requests for admission are directed fails to serve a timely response, the following rules apply: (a) The party to whom the requests for admission are directed waives any objection to the requests, including one based on privilege or on the protection for work product..." Because the response...

Excerpt: ...arding mandatory workers compensation insurance provided to defendant. On February 28, 2019, the Court granted Shutter Source's motion to file an Amended Answer to include the 24th affirmative defense, asserting "Fraud". (See Minute Order Department 53, February 28, 2019.) Plaintiff seeks the sanction of striking the Twenty‐Fourth affirmative defense of "Fraud, Deceit or Misrepresentation" alleged in defendant The Shutter So...

Excerpt: ...aproxen) while in custody at the Sacramento County Jail in November 2017. Plaintiff declined to take the medication believing he had an adverse reaction in 2013. (See Plaintiffs Exh. A p. 2, attached to 3 Complaint.) Plaintiff was released from custody a few hours after being offered the Naprosyn by Dr. Drennan. (See Plaintiffs Exh. B p. 1, attached to Complaint.) A previously filed action initiated by Plaintiff Alston was against the same County...

Excerpt: ...on for failure to engage in the interactive process, failure to provide a reasonable accommodation, harassment and violation of Labor Code § 1102.5. Defendants' petition to compel arbitration on the grounds that (1) there exists a written agreement to arbitrate the controversy that is this subject of this litigation and (2) that plaintiff has refused to arbitrate the controversy. C.C.P., sec. 1281.2. Defendants move to compel this matter to arbi...

Excerpt: ...rs for gender discrimination, harassment and retaliation arising from her perceived entitlement to a promotion to an Attorney IV position. She also alleges whistleblower retaliation and fraud. Defendants move to quash a subpoena for the production of business records directed to the Office of the Attorney General on the basis that the requests seeks documents related to claims Plaintiff already settled, seeks attorney‐client and work product do...

Excerpt: ...ssment; (3) pregnancy harassment; (4) failure to provide meal and rest periods; (5) failure to issue accurate itemized wage statements; and (6) unlawful business practices in violation of Business & Professions Code § 17200. Plaintiff alleges that her employment with Defendant began in June 2012 and that during her employment she was pregnant three separate times. She alleges that she experienced pregnancy harassment/discrimination throughout he...

Excerpt: ...fferent views of the meet and confer process was unnecessary. The Court received and considered Plaintiff's opposition filed and served eight Court days prior to the original hearing date. Defendant was able to file a complete reply. Plaintiff, by and through his guardian ad litem, filed the instant action arising out of allegations that he was hit by a golf cart while attending the Dixon May Fair in May 2018. CDE is named in the first, third and...

Excerpt: ...about "Agent X." Plaintiff seeks discovery of the following law enforcement records: (1) Non party CHP/Sergeant Morrison's administrative investigation file of misconduct complaints brought by Plaintiff Michael Lillie against Office of Internal Affairs Chief of Headquarters John Day and Deputy Chief of Operations Dave Grant, (however, the notice of motion refers to CDCRs file, yet the body of the motion and declaration refer to the CH...

Excerpt: ... 23, 2018. The dismissal was without prejudice. Plaintiff thereafter filed the instant case ("Espiritu 2"). Espiritu 2 contains allegations substantially similar to Espiritu 1 in that Plaintiff is seeking the return of $233,000 that he invested with defendants. Defendants argue that the instant case is nothing more than a continuation of Espiritu 1. They argue that in Espiritu 1, Judge Van Camp was appointed as the discovery referee due t...

Excerpt: ...demurring Defendants in connection with care they provided him apparently based on allegations that he has mental health issues and was discharged too early. He alleges that he suffered a fracture and dislocation of his right elbow, right wrist, a fracture on his right leg, right ankle fracture, and more. Plaintiff Jill Williams alleges a cause of action for NIED against demurring Defendants. Plaintiff Austin Ulrich also alleges a cause of action...

Excerpt: ...(“Note”) and that it advanced him $105,000. It alleges that the Note provides that Defendant's separation of employment with Caffe Ettore Inc. (“CEI”) is a default under the Note entitling it to declare all amounts under the Note due and owing. Plaintiff seeks a writ in the amount of $131,483.07 which includes estimated costs and fees of $11,000. An attachment may be issued only in an action on a claim for money, based upon a contract, ex...

Excerpt: ...lleging causes of action for breach of contract, common counts and unjust enrichment. It alleges that pursuant to the application for credit and invoices issued pursuant to the application, Defendants owe it $96,589.22. Plaintiff seeks a writ in the amount of $121,589.22 ($96,589.22 alleged outstanding balance + $25,000 anticipated attorneys' fees and costs). The notice and application for writ of attachment make clear that attachment is sought o...

Excerpt: ... Plaintiff served the discovery at issue in this motion on February 1, 2019. The interrogatories in each set (set one and set three) are identical. In short, Plaintiff has propounded the same discovery twice, perhaps in an attempt to overcome the motion to compel deadline. Further, on March 27, 2019, the Court ruled on Plaintiff's motion to compel Defendants' further response to her Special Interrogatories, Set One. (ROA 55.) Defendants were orde...

Excerpt: ...ubsequent date. This action is for breach of warranty (lemon law) involving the purchase of a 2012 Chevrolet Equinox. Plaintiff alleges that during the warranty period, the vehicle contained/developed multiple defects, including the engine's inability to properly utilize engine oil. Having reviewed the moving and opposing papers, and the numerous discovery requests that the parties dispute, it is apparent to the court that counsel must resume...

Excerpt: ...s regarding evidentiary objections to the declarations of Lucas Christian and Gwendolyn Parada in support of La Posta's opposition, but failed to file separately any objections. Despite this error, the Court has reviewed the objections contained in the proposed orders. YAN's objections to the declaration of Lucas Christian are overruled. The Court notes, however, that even if the objections were sustained it would have not affected the Court's ru...

Excerpt: ...nd when driver Nicholas made an unsafe turn. Plaintiff alleges vehicular negligence against Defendants. Defendants retained orthopedic surgeon Dr. Michael R. Klein Jr., MD, to review medical records and evaluate Plaintiff. (Kim Decl. ¶ 2.) Dr. Klein examined Plaintiff at an independent medical examination (“IME”) on March 21, 2017. (Kim Decl. ¶ 2.) The IME was scheduled in advance of the then November 2017 trial date (trial is now currently...

Excerpt: ...tachment are on calendar for today's date, but, by this single ruling, the Court addresses all six writs of attachment. As to defendants Evan Iverson, Katie L. Lively, and Steve LeFevre, the motion is DROPPED due to defective service. The proofs of service of the Application and moving papers were served on these three defendants by substituted service on March 4 and 5, 2019, and by mail on March 5, 2019. This is insufficient notice. Service of a...

Excerpt: ...iled this untimely motion to strike the same two causes of action that were the subject of the overruled demurrer. This Motion to Strike is not only an unauthorized pleading under the CCP because it was not timely asserted, but also constitutes an improper motion for reconsideration, as the motion to strike contends that the 6th and 7th causes of action fail to state facts sufficient to constitute a cause of action for the same reasons the court ...

Excerpt: ...curity in the amount of $25,000.00 on or before March 21, 2019 after the court found that Plaintiff had no reasonable probability of prevailing in the instant action. The Court further stated in his order: "If plaintiff fails to furnish this security by that date defendant may seek dismissal pursuant to CCP 391.4." Plaintiff failed to post said security by the stated date, therefore, this litigation is dismissed against Defendant Amaya, t...

Excerpt: ...he exterior staircase that was attached to her second floor condominium deck to the ground level she fell when she lost her balance. She alleges that the handrail was defective and she was unable to stop her fall by using the handrail. Defendant moves for summary judgment/summary adjudication of the two causes of action for negligence and premises liability, contending as a matter of law that they have no duty to plaintiff because the CC&Rs provi...

Excerpt: ...ay the reasonable expenses, including attorney's fees, incurred by another party as a result of actions or tactics, made in bad faith, that are frivolous or solely intended to cause unnecessary delay. This section also applies to judicial arbitration proceedings under Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3. (b) For purposes of this section: (1) “Actions or tactics” include, but are not limited to, the making or opp...

Excerpt: ...f counsel to the extent it contains facts extrinsic to the FAC concerning the reason for plaintiff's hospitalization at BHC Heritage Oaks Hospital, Inc.. Self‐Represented Plaintiff alleges causes of action arising from her hospitalization at BCH Heritage Oaks Hospital, Inc.. Plaintiff alleges she was forcibly committed and held against her will at the BCH Heritage Oaks Hospital, Inc. from May 11 2017 to May 15, 2017 after having been transf...

Excerpt: ... terminated Plaintiff's employment as a result of various allegations ranging from incompetence to dishonesty. Plaintiff, however, alleges that the real reason for his termination was the result of retaliation by ABC Chief Counsel, Defendant Rambo, for Plaintiff challenging of Rambo's directives regarding provision of administrative records in ABC actions to administrative law judges assigned to ABC cases. Plaintiff also alleges he was harassed b...

Excerpt: ...Juan Medical Center. Mr. Murdo was transferred to Mercy San Juan Medical Center with neurological complaints that ultimately led to him undergoing a right carotid artery endarterectomy and patch angioplasty. Defendant Romel Velastegui M.D. performed the surgery at Mercy San Juan Medical Center on May 3, 2016. Mr. Murdo has alleged a single cause of action for medical negligence against Dignity Health and Dr. Velastegui. Plaintiff Rene Boyes‐ Mu...

Excerpt: ...8, the Court overruled Defendants' demurrer to (1) the second cause of action for Fraud against Khara, (2) the fourth cause of action for Conspiracy to Commit Fraud against all Defendants, and (3) the fifth cause of action for Negligence against TNIK and Brown. (ROA 21.) The Court sustained the demurrer with leave to amend on the third cause of action for fraud against TNIK and Brown. (Id.) The demurrer was sustained on the grounds that the alleg...

Excerpt: ... for good cause orders otherwise. The 30 day period is not jurisdictional. Beroiz v. Wahl (2000) 84 Cal.App.4th 485, 493, fn. 4. Defendant failed to make a motion, ex parte or otherwise, for an order that summary judgment be heard within 30 days of the trial date. Rather, Defendant now asks on reply that the Court find good cause to set the hearing within 30 days of the trial date. As noted in Weil & Brown, Cal. Practice Guide: Civil Procedure Be...

Excerpt: ...truck while Ms. Bautista was working for defendant FedEx Freight Inc. (“FedEx). Plaintiffs filed this case on August 17, 2016, and the parties commenced discovery. Plaintiffs assert that they learned through Defendants' document production that FedEx had a company policy prohibiting the use of personal cellphones while driving, even Bluetooth. (Schaff Decl. Ex. C.) Ms. Bautista stated in her deposition that she was not aware of this policy and ...

Excerpt: ...brachial plexus paralysis and other neurological injuries. This case was filed on December 6, 2017. There is no trial date set. Plaintiffs assert that during the course of discovery, they deposed Nita Dulcey, R.N., who testified that she assessed Ms. Jackson immediately prior to her induction of labor and informed defendant Dr. Jennifer Overbey that Ms. Jackson was at high risk for shoulder dystocia [a known complication that occurs during delive...

Excerpt: ...milov were passengers of Mr. Yusupov. Plaintiffs' Complaint alleges causes of action for negligence and negligence per se against Defendants. (Taylor Decl. ¶5.) Defendants filed their Answer to the Complaint on February 11, 2019. (Id. ¶6.) Defendants now seek leave to file a compulsory Cross‐Complaint for express and implied indemnity, apportionment of fault, and declaratory relief against Mr. Yusupov. (Taylor Decl. ¶3, Ex. A.) They seek to ...

Excerpt: ...renod's voicemail, submitted as Exhibit A by Plaintiff, is OVERRULED. Plaintiff Anna Marie Holiday (“Plaintiff”) filed this action on December 29, 2017, and alleged causes of action for, among other things, wage and hour violations, retaliation, breach of contract, unfair business practices, wrongful termination, and infliction of emotional distress. On May 21, 2018, Plaintiff filed two proofs of service for Mr. Perrenod and Covenant, stating...

Excerpt: ...tate facts sufficient to constitute a cause of action. The Court has adopted the following procedure for hearings in department 53 for self‐represented incarcerated parties. The clerk shall fax a copy of the tentative ruling to the litigation coordinator on or before the date of the scheduled hearing. The litigation coordinator shall provide the tentative ruling to plaintiffs within 48 hours of receiving it. The hearing date shall automatically...

Excerpt: ...ber 23, 2013. Therein, Plaintiff generally alleged she listed the property for sale in 2012. She alleges she purchased the home in 2004, intending it to be her retirement home. In 2005, she refinanced the property. As alleged, "in the market crash, First Magnus Financial collapsed and went bankrupt. At or about that time, [the loan on the subject property] was acquired by Countrywide which was then taken over by Bank of America." (Complai...

Excerpt: ...e motions to compel. Plaintiff was ordered to serve verified responses, without objections, to Defendant's form interrogatories, special interrogatories, and requests for production on or before June 16, 2018. Plaintiff failed to comply with these Court orders. Defendant then moved for issue, evidence, terminating, contempt, and/or monetary sanctions against Plaintiff. On March 7, 2019, this Court denied Defendant's motion for issue, evidence...

Excerpt: ...mber of 2016, plaintiff Molly Baker, M.D. (“Plaintiff”) filed a lawsuit (separate from this action) against Sutter Medical Group entitled Baker v. Sutter Medical Group, Case No. 34‐2016‐00199916. In that separate action, which is still ongoing in arbitration, Plaintiff alleges nine causes of action: Disability Discrimination, Hostile Work Environment Harassment Based on Disability, FEHA Retaliation, Failure to Accommodate, Failure to Enga...

Excerpt: ...See, e.g., Steed v. Dept. of Consumer Affairs (2012) 204 Cal.App.4th 112, 120‐121.) Overview Plaintiff Brian Spears filed his second amended complaint (“SAC”) on March 13, 2017. The SAC names as defendants Lauren Spears; Jason Bartlett; John Anderson; Dean Kratzer; and PLM Loan Management Services, Inc. The caption to the SAC alleges causes of action for intentional tort and prima facie tort. However, the body of the SAC alleges the followi...

Excerpt: ...missions. Plaintiff's alternative motion to impose evidence sanctions on Mr. Avdalas prohibiting him from supporting his denials of the allegations in NCCS's complaint and from supporting any of his twenty‐five affirmative defenses at trial is also denied at this time. Plaintiff's Request for Judicial Notice is granted. NCCS previously filed two motions for terminating sanctions for Mr. Avdalas's failure to obey Court orders reg...

Excerpt: ... 12, 14, 23 (both objections), 28, 29, and 30. Declaration of Alan Hersh Ex 46: Sustained ¶ 6, 8. Overruled ¶ 13. Declaration David Mastro Ex 47: Sustained ¶ 12 Overruled ¶ 4, 8. Declaration of Roger Ex. 53: Sustained Declaration of Ying Xiong Ex 54: Sustained. Declaration of Robert Lauri Ex. 55: Sustained Declaration of Declaration of Mike Cortright Ex 57: Sustained. Declaration of Burk Ex 58: Sustained. Declaration of Hosokawa Ex. 59: Susta...

Excerpt: ...lic property and negligence. He alleges that the City created a dangerous condition by failing to provide overhead street lighting or failed to maintain, inspect and repair an inoperable overhead street light. In ruling on the demurrer to the Original Complaint, the Court ruled as follows: The demurrer is sustained with leave to amend for failure to state facts sufficient to constitute a cause of action. (CCP § 430.10(e).) With respect to the fi...

Excerpt: ...tiff, the real property was owned by decedent Floyd E. May. In May 2017, Plaintiff responded to an ad on Craigslist to purchase the house. Plaintiff alleges that she entered a written agreement to buy the property in June 2017, paying someone named Tim Campos at Equity Property Management in Las Vegas $15,000 for the purchase. Equity Property Management was the ostensible settlor of Mr. May's estate. According to the terms of the purchase contrac...

Excerpt: ...ourt notes, however, that the taking of judicial notice of the official acts of a governmental entity does not in and of itself requires acceptance of the truth of factual matters that might be deduced therefrom, since in many instances what is being noticed, and thereby established, is no more than the existence of such acts and not, without further supporting evidence, what might be factually associated with or flow therefrom. Such being the ca...

Excerpt: ...cal system, transmission, and powertrain. Plaintiffs seek to compel Defendant FCA US to provide further responses to certain requests for production (set one), as follows: Nos. 1, 7, 13, 20, 21, 30‐35, 50‐53, and 73. In general, the requests at issue pertain to three main categories of documents: (1) documents that refer or relate to vehicles sold by FCA US of the same year, make and model (Nos. 20, 21, and 30‐35); (2) documents that refer ...

Excerpt: ... in finding substitute counsel due to Mr. Watts apparently placing a lien on any settlement or verdict proceeds that Plaintiff ultimately may realize. Plaintiff's Opposition provides greater detail than the moving papers, alleging actions by Mr. Watts that she contends violate the Rules of Professional Conduct. That said, Plaintiff also seemingly affirms Mr. Watts' representation that a substantial breakdown in communications between clie...

Excerpt: ...han the notice, no other documents were filed in opposition, including a memorandum of points and authorities. Therefore, the motion is unopposed. Defendant's request for judicial notice of documents in the Court file is granted. Plaintiffs filed a proof of service on February 19, 2019, indicating Defendant was personally served on February 14, 2019. (ROA 70.) At the outset the proof of service is problematic as Plaintiffs used the incorrect proo...

Excerpt: ...cramento, California (the “Property”). In September 2017, Plaintiff entered into a Real Estate Purchase Agreement to purchase the Property from co‐defendant, Alexis Tillman (the seller). Moving Defendants were the real estate broker/agent for Plaintiff (selling agent). Ms. Tillman had her own real estate broker/agent (listing agent). After the close of escrow, Plaintiff claims to have discovered for the first time that the Property was encu...

Excerpt: ...tion. Plaintiff contends its complaint is sufficient to state a valid cause of action against Defendant whose answer not only admits all allegations in the complaint but also fails to plead facts which constitute any defense to the complaint. The Court agrees. The complaint states facts sufficient to establish that Defendant is indebted to Plaintiff. However, the answer filed by Defendant fails to deny any of the complaint's allegations and s...

Excerpt: ...cts asserted in every document of a court file, including pleadings and affidavits. However, a court cannot take judicial notice of hearsay allegations as being true, just because they are part of a court record or file. A court may take judicial notice of the existence of each document in a court file, but can only take judicial notice of the truth of facts asserted in documents such as orders, findings of fact and conclusions of law, and judgme...

Excerpt: ...denied as to the declarations in opposition to the MSJ and in opposition to IP's discovery requests. IP's Request for Judicial Notice is granted as to the Cross‐complaint. The motion is denied as to the deposition testimony and discovery responses. This case arises out of a non‐payment dispute for materials provided to a public works construction project. In 2015, the State of California, Department of Transportation ("Caltrans...

Excerpt: ...f each month beginning 2/30/2018 (sic). Defendant made the first payment but no subsequent payments. The agreement also stated the judgment would include any court required fees or motion fees. Plaintiff incurred a first appearance fee in the amount of $225 that it was required to pay for defendant when the stipulation was filed, as well as this $60 motion fee. (Declaration of Karayan) Pursuant to CCP § 664.6, “[i]f parties to pending litigati...

Excerpt: ...tiff's complaint is merely a cut and paste of other Complaints that were held to be deficient at the demurrer stage are irrelevant to this court's independent determination as to whether plaintiff states a cause of action in this Complaint. Plaintiff's Objection to the Request for Judicial Notice is sustained. Plaintiff has filed this wage and hour putative class action Complaint on behalf of "[a]ll current and former hourly‐pai...

Excerpt: ...was looking for an assisted living facility due to the fact that Mr. McDonald recently suffered a stroke, that the after‐ effects of Mrs. McDonald's injuries, which are the subject of the lawsuit, have progressively hindered her ability to care for herself and Mr. McDonald, and Anne McDonald, their only daughter living in California, is finding she is unable to care for her parents' care needs. Plaintiffs indicate that they did not include a li...

Excerpt: ...es that he was injured while he was struck by a bus while on his bicycle while on a pedestrian island on July 17, 2016 at the intersection of Franklin Boulevard and Florin Road. He alleges that the intersection was a dangerous condition on the basis that it was constructed in such a way that bus drivers heading eastbound on Florin Road and intending to stop at the bus stop immediately beyond the crosswalk on Franklin Boulevard are induced to make...

Excerpt: ...ney v. Wells Fargo Bank (1990) 220 Cal. App.3rd 1117, 1138.) Newberg on Class Actions (4th Ed.), the most authoritative treatise on class actions, discusses the process for approving the settlement of a class action. At § 11.24, “Procedure for Submitting Class Settlement for Approval,” Newberg describes the review at the preliminary stage as the submission by the parties of the essential terms of the agreement for informal review of the sett...

Excerpt: ...rines of res judicata and collateral estoppel as a result of a final judgment in a previous qui tam California False Claims Act lawsuit brought by Plaintiff in San Francisco Superior Court (“First CFCA Action”). Defendants also argue that the instant lawsuit is barred by the CFCA's first to file rule in Government Code § 12652(c) (10). A defendant may move for judgment on the pleadings if the complaint does not state facts sufficient to cons...

Excerpt: ...ative defenses. Under the “Other” section of the judicial council form answer, Defendant states that he would like to reach a settlement to lower the amount owed and would like to make reasonable monthly installments. He states that if a settlement cannot be reached, he would like a court date to defend himself. Importantly, Defendant's inability to pay is not an affirmative defense. When the moving party is the plaintiff, there is only one g...

Excerpt: ...ion: (1) discrimination in violation of the Fair Employment and Housing Act (“FEHA”); (2) harassment in violation of FEHA; (3) retaliation in violation of FEHA; (4) failure to take all steps necessary to stop discrimination, harassment, or retaliation in violation of FEHA; (5) failure to provide reasonable accommodation in violation of FEHA; and (6) failure to engage in timely good‐faith interactive process in violation of FEHA. Defendants ...

Excerpt: ...s counsel is directed to contact Defendants forthwith and advise of Local Rule 1.06 and the Court's tentative ruling procedure. If Plaintiff's counsel is unable to contact Defendants prior to the hearing, Plaintiff's counsel shall be available at the hearing, in person or by telephone, in the event the opposing party appears without following the procedures set forth in Local Rule 1.06. This action arises from an accident that occurred on October...

Excerpt: ...o participate in oral argument on April 19, 2019, at 2:00 p.m. Defendant John Anderson's motion for summary judgment is ruled upon as follows. Defendant Anderson and Plaintiff's requests for judicial notice are granted. In doing so, the Court takes notice of the existence of the documents, not their contents. (See, e.g., Steed v. Dept. of Consumer Affairs (2012) 204 Cal.App.4th 112, 120‐121.) Overview Plaintiff Brian Spears filed his second ame...

Excerpt: ...ese documents, the court accepts the fact of their existence, not the truth of their contents. "There exists a mistaken notion that this means taking judicial notice of the existence of facts asserted in every document of a court file, including pleadings and affidavits. However, a court cannot take judicial notice of hearsay allegations as being true, just because they are part of a court record or file. A court may take judicial notice of t...

Excerpt: ...ge the privilege log if necessary. On June 26, 2015, Defendants Jonathan Ellison and Frederick Winzer instituted a civil action against Plaintiffs Lotus Casino and John Park ("Plaintiffs"), alleging that Plaintiffs intentionally discriminated against Defendant Frederick Winzer by refusing entry of his Chihuahua, a purported "service animal" in of violation of the Americans With Disability Act (the "ADA") and California Unr...

Excerpt: ...arranty Act by, among things, selling to Plaintiff a 2010 Chevrolet Equinox vehicle (the "Vehicle") that suffers from engine and oil consumption defects (the "defects"), failing to repair the Vehicle after a reasonable number of attempts, and failing to repurchase the Vehicle. Plaintiff contends that the September 20, 2018 order compelled defendant to produce documents. However, the actual order was to compel defendant to serve fu...

Excerpt: ... an authorized representative on behalf of the Labor and Workforce Development Agency and similarly situated individuals employed by Defendant Ferguson & Brewer Investment Company. ("Defendant"). Plaintiff worked for Defendant in California from approximately March 22, 2017, to about November 10, 2017. See generally Exhibit B (Plaintiffs First Amended Complaint). Plaintiff has alleged that Defendant failed to pay overtime wages, failed to...

Excerpt: ...iff's purchase of a new 2013 Jeep Grand Cherokee for $86,673.60. This lawsuit was filed on June 30, 2016. On or about July 20, 2018 the parties agreed to settle the case for $245,000.00. This considerable settlement amount consisted of a full statutory "buy‐back" of Plaintiff s defective vehicle, incidental and consequential damages, and a civil penalty. Plaintiff now seeks the award of attorneys' fees and costs and expenses pur...

Excerpt: ...laintiff now seeks fees as the prevailing party pursuant to CCP § 425.16(c). Plaintiff seeks a total of $29,137.50 in fees representing 77.7 hours at $375 per hour in addition to $433.75 in costs. Plaintiff also "anticipates" expending an additional 15 hours in connection with the reply brief bringing the total amount requested to $35,316.25. CCP § 425.16(c)(1) provides that a “prevailing defendant on a special motion to strike shall ...

Excerpt: ...ants' 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 accept the truth of any facts within the judicially noticed documents except to the extent such facts are b...

Excerpt: ...#39;s ("Defendants") Motion to Strike (antiSLAPP) the 1st amended complaint of George Joseph Grosso is granted. Moving parties' Request for Judicial Notice is denied as to the court transcripts. However the Court notes that the transcripts from the underlying judicial proceeding involving Inmate X are also authenticated by the Declaration of Santiago and are therefore admissible evidence. The remainder of the Request for Judicial Noti...

Excerpt: ...or Preliminary Injunction is unopposed and is granted on the same terms and conditions as the TRO. This matter was set by ex parte appointment on March 15, 2019 when the Court issued the OSC/TRO. Both defendants were personally served with the OSC, TRO and all supporting documents, as well as the summons and complaint, on March 15 (Ms. Oliver) and March 19, 2019 (Mr. Winston). No opposition has been filed. Golden One asserts a conversion claim ag...

Excerpt: ...39;s Complaint is unopposed and is granted insofar as the Court will order the portions sealed as reflected in the document attached as Exhibit 2 to the motion. By this motion, the City seeks to seal either the entire attachment titled "Exhibit A'", pursuant to California Rules of Court 2.550 and 2.551, or to seal only that portion of the document that discloses private information of individuals who are not parties to the litigation....

Excerpt: ...partment. Defendant Laura Watters, M.D., and Capital OB/GYN, Inc.'s Motion for Summary Judgment/Summary Adjudication is continued pursuant to CCP 437c(h) until April 29, 2019, as requested by plaintiff. The trial date of May 6, 2019 is hereby vacated. The discovery cut‐off is not extended absent motion or stipulation of the parties. This case is referred to Trial Setting Process for selection of Trial and Mandatory Settlement Conference dat...

Excerpt: ...nd Matthew Novak's demurrer to Plaintiffs Clicksmart, LLC and Advermail, LLC's first amended complaint (“FAC”) is overruled. The parties' requests for judicial notice are granted. In this action, Plaintiffs are suing Defendants for wrongful acts including stealing and misusing Plaintiffs' assets and property, breaching their fiduciary duties as Plaintiffs' officers and members, and secretly forming DCM to directly compete with Plaintiffs. In ...

Excerpt: ...e/Evidentiary Sanctions, and Monetary Sanctions is ruled on as follows: Plaintiff's Request for Judicial Notice is granted. This is an elder abuse action in which plaintiffs allege that defendant's under‐staffing resulted in an incident during a sheet changing event in which Mrs. McDonald's hip became dislodged, requiring a second surgery. The trial date is April 22, 2019. Plaintiffs seek terminating, or alternatively issue/evidence...

Excerpt: ...causes of action for NIED and wrongful death on her own behalf. The action arises out of the care the Decedent received at Sacramento Post‐Acute. Defendants move to compel the action to arbitration on basis that Anna SandovalRyan, the Decedent's sister, signed arbitration agreements for arbitration of medical malpractice disputes and arbitration of disputes other than medical malpractice after the Decedent was admitted to Sacramento Post‐Acut...

Excerpt: ...2, 2011 through April 10, 2014, Plaintiff served as a store manager in Pleasant Hill, California. Plaintiff also worked at approximately 10 to 12 other stores in the Sacramento area during her employment with Defendant. Plaintiff's Complaint asserts eleven causes of action: (1) violation of California Labor Code §§ 510 and 1198 (unpaid overtime); (2) violation of California Labor Code §§ 226.7 and 512(a) (unpaid meal period violations); (3) v...

Excerpt: ... of concrete while walking her dog on the sidewalk in front of 1208 47th Street in Sacramento. The City moves for summary judgment on the basis that the height differential was not a dangerous condition. It also argues that it neither created the condition nor had notice of the condition. In order to establish a public entity's liability for a dangerous condition of public property, a plaintiff must show that (1) a dangerous condition existed on ...

Excerpt: ... stores on July 7, 2017. Plaintiff filed her Complaint on September 14, 2017, alleging two causes of action for negligence and premises liability. In the Complaint, it is alleged, in pertinent part "Plaintiff is informed and believes and thereon alleges that at all times herein mentioned, defendant, 99 CENTS ONLY STORES LLC and DOE defendants 1 through 100, inclusive, owned, maintained, controlled, possessed, repaired, inspected, operated, de...

Excerpt: ...d with this motion indicates the "Answer‐ Contract" was served on plaintiff and this proof of service is undated. However, as Plaintiff has submitted an opposition on the merits and has not raised an objection based on defective service, the Court finds any objection based on defective service has been waived. (Reedy v. Bussell (2007) 148 Cal.App.4th 1272.) This is a debt collection case involving a loan in the amount of $3,092.16. Plai...

Excerpt: ... with the Court indicating new counsel has been retained. Accordingly, Plaintiff is proceeding in pro per at this time. On December 3, 2018, this Court granted Defendant's motion to compel Plaintiff's response to Defendant's special interrogatories. Plaintiff was ordered to provide verified responses, without objections, no later than December 13, 2018. Plaintiff has failed to comply with this Court order and Defendant now moves for evidence and/...

Excerpt: ... versus pedestrian accident. Plaintiff was riding his skateboard when he was hit by Defendant's automobile. As of the date the motion was filed on February 28, 2019, Plaintiff had not served Defendant with the Complaint. (Bell Decl. ¶¶ 2‐6) Accordingly, by this motion, Defendant moves to dismiss the complaint on the grounds that Plaintiff failed to serve his complaint within three years of the date the complaint was filed pursuant to Code of ...

Excerpt: ...n the amount of $48,893.25 and request a lodestar enhancement of 0.5 in the amount of $24,491.63, for a total of $73,384.88 in attorney's fees. Plaintiff also seeks costs and expenses in the amount of $5,989.82. Altogether, the total amount of attorney's fees, costs, and expenses being sought is $79,464.70. This is a lemon law action. Plaintiff purchased a new 2011 Hyundai Sonata on October 4, 2010, for a purchase price of $22,381. Adding taxes, ...

Excerpt: ... February 5 at 12:30 p.m. (Decl of Patterson Ex. D) The deposition commenced late because the prior deposition that commenced at 10:00 took longer than expected. Plaintiff's counsel began the deposition at 1:15 p.m rather than the 12:30 scheduled time and suspended the deposition after 30 minutes so that both parties could make an appearance in Department 53 at 2:00 p.m. for oral argument on another discovery motion in this case. Defendant...

Excerpt: ...o examined, evaluated, diagnosed and treated plaintiff after his arrival to SUTTER SACRAMENTO. The motion for summary judgment is filed on the basis that the care and treatment provided by Dr. Dhawan was within the applicable standard of care. The Undisputed Material Facts include the fact that "All of Dr. Kapil Dhawan's care and treatment was appropriate and within the standard of care." (UMF 13) In support of the motion, inter alia,...

Excerpt: ... is granted. Defendants' Request for Judicial Notice is granted. Defendants' Evidentiary Objections are sustained. Plaintiff's Evidentiary Objections are overruled. Defendants bring this Motion pursuant to Code of Civil Procedure Section 473(b) and (d), as well as this Court's inherent powers, on the grounds that Plaintiff obtained entry of default against Defendants without serving any Defendant with a Summons or Complaint, rende...

Excerpt: ...y plaintiff Dmytro Prasol is granted. Defendants' Request for Judicial Notice is granted. Defendants' Evidentiary Objections are sustained. Plaintiff's Evidentiary Objections are overruled. Defendants bring this Motion pursuant to Code of Civil Procedure Section 473(b) and (d), as well as this Court's inherent powers, on the grounds that Plaintiff obtained entry of default against Defendants without serving any Defendant with a Su...

Excerpt: ...e interrogatories but that no responses were served as to the Requests for Production. The court received a late filed opposition on March 22. The opposition is not under penalty of perjury. There is also in the court file a letter dated January 4, 2019 from defendant in response to the court order addressed to the Judge who issued the order, Judge Steven M. Gervercer. This letter is an improper ex parte communication. See Register of Actions Ite...

Excerpt: ...body parts claimed to be injured in this action. Defendants have shown in their opposition that they withdrew the subject subpoenas on February 25, 2019. There is nothing for the Court to quash and the motion is moot as to the request to quash. Citing to Sinaiko Healthcare Consulting, Inc. v. Pacific Healthcare (2007) 148 Cal.App.4th 390, 408, Plaintiff argues that even though the subpoenas were withdrawn after the motion was filed, the motion is...

Excerpt: ...mination in violation of public policy. At issue on this motion are Plaintiff's responses to requests for production nos. 1, 8, 10 ‐11, 12‐15, 22‐24, and 73. With respect to requests 1, 8, 10‐11, 12‐15 and 73, which sought documents related to Plaintiff's employment with Defendant and communications she has had with others related to the claims in this action, Plaintiff interposed various objections but also indicated that subject to th...