Excerpt: ...irety is unopposed and granted. Legal Standard In evaluating a motion for summary judgment or summary adjudication, the Court engages in a three‐step process. First, the Court identifies the issues as framed by the pleadings. The pleadings define the scope of the issues on a motion for summary judgment or summary adjudication. ( FPI Dev. Inc. v. Nakashima (1991) 231 Cal.App.3d 367, 381‐382.) Because a motion for summary judgment/adjudication ...

Excerpt: ...to notify Plaintiff's counsel immediately of the tentative ruling system and to be available at the hearing, in person or by telephone, in the event Plaintiff's counsel appears without following the procedures set forth in Local Rule 1.06(B). Defendants' request for judicial notice is granted. In taking notice of these documents, the Court accepts the fact of their existence, not the truth of their contents. (See Professional Engineers v. Dep't o...

Excerpt: ...having 802 cannabis plants in excess of the 6 plant limit ($500 x 802) which was upheld after an administrative appeal. Plaintiff's motion for summary judgment was granted which provided that judgment shall be entered in its favor in the amount of $401,000. The final order was entered on January 14, 2020. Plaintiff now seeks recovery of fees and costs in the amount of $56,984.37 as the prevailing party. This consists of $53,342 in attorney's fees...

Excerpt: ...request for judicial notice. Defendant's objections to the Declaration of James Day are overruled. Plaintiff's objections to evidence are overruled, although the objected to evidence was immaterial to this Court's ruling. Plaintiff seeks a writ of possession to recover the following vehicle and two items of heavy equipment: (1) a 2014 GMC Pickup (VIN: 1GD072CG4E1140193) (the “Truck”); (b) a 2003 Caterpillar 420D 4x4 Loader Backhoe (S/N: CAT04...

Excerpt: ...ction Plaintiffs Ashhok Umashankar, Collin Danforth, Luke Danforth, Ethan Morton and Jacob Risch allege numerous causes of action against Defendants for assault, battery, harassment, invasion of privacy, false imprisonment, IIED, trespass to chattel, conversion, private nuisance and interference with contract. Plaintiffs Collin and Morton also allege certain employment related claims for nonpayment of wages and meal and rest period premiums. The ...

Excerpt: ...ive ruling system and to be available at the hearing, in person or by telephone, in the event Plaintiff's counsel appears without following the procedures set forth in Local Rule 1.06(B). To the extent Defendant “objected” to several of Plaintiff's Additional UMFs on the ground they are irrelevant, misstate prior testimony, etc., such objections are overruled because objections are properly directed solely at “evidence.” (See CRC Rules 3....

Excerpt: ...Mejia de Sop (collectively, “Plaintiffs”). This action arises from a motor vehicle accident. On January 27, 2018, Plaintiffs were injured when defendant Victor Gray ran a red light and struck their vehicle. At the time of the accident, California Highway Patrol (“CHP”) officers were in pursuit of Mr. Gray for violation of the Vehicle Code. Plaintiffs filed this action on December 31, 2018, alleging three cause of action against Defendants...

Excerpt: ... non‐profit orthodox Ethiopian church located in Elk Grove. Plaintiff alleges it is managed by a Board of Directors elected by Plaintiff's membership and in order for any action to be taken on behalf of the Board of Directors and Plaintiff, a majority of the Board must approve of or direct the action. (Complaint at ¶¶ 9‐10.) Plaintiff alleges defendants Mulatu and Wodaje have taken certain actions without Board approval, including changing ...

Excerpt: ...Daniel Krpata's (collectively, “Defendants”) purported failure to pay overtime wages, failure to pay minimum wages, failure to pay reimbursements, failure to provide meal and rest periods, failure to provide accurate wage statements, failure to pay final wages, failure to keep accurate time records, failure to provide sick leave, and violation of Labor Code § 558. Plaintiff further alleged Defendants' policies and practices resulted in unfai...

Excerpt: ...igation coordinator shall provide the tentative ruling to plaintiff. Appearance is required on February 7, 2020. Plaintiff shall be available, by COURTCALL, to participate in oral argument on the continuance date. Defendant Dr. V. Penmetcha's (“Dr. Penmetcha”) demurrer to self‐represented plaintiff and inmate Mervin Leroy (“Plaintiff”) is ruled upon as follows. Dr. Penmetcha's request for judicial notice is denied. Dr. Penmetcha request...

Excerpt: ..., filed this lawsuit for negligence and dangerous condition of public property based on allegations that he was sexually molested by a teacher's aide in a bathroom at Raymond Case Child Development Center (“School”) during the 2018‐ 2019 school year. As relevant here, Plaintiff alleges that Defendants negligently employed, supervised, and trained the teacher's aide and other unidentified personnel resulting in Plaintiff's molestation and th...

Excerpt: ...for intentional misrepresentation which is not present in the FAC. Defendant contends that the cause of action for Fraudulent Concealment fails to provide critical facts such as (i) the identity of the person or who sold Plaintiffs the subject vehicle, (ii) whether Plaintiffs had any interaction with GM before they purchased the subject vehicle, (iii) GM's knowledge of the alleged "oil consumption defect," (iv) GM's intent to defraud Plaintiffs, ...

Excerpt: ...menced a nonjudicial foreclosure against the Subject Property (5746 Cada Circle, Carmichael, California 95608) by recording and serving a Notice of Default and Election to Sell Under Deed of Trust. (First Am. Compl. ¶ 41, Ex. 10; Req. for Judicial Notice Ex. D.) Plaintiff and Audrey Kolesnikova failed to cure their default and as a result Quality recorded the operative Notice of Trustee's Sale on April 8, 2019. (Compl. ¶36, Ex. 11; Req. for Jud...

Excerpt: ...e into the fairness of the proposed settlement. (Cal. Rules of Court, rule 3.769(g).) A presumption of fairness exists where: (1) the settlement is reached through arm's‐length bargaining; (2) investigation and discovery are sufficient to allow counsel and the court to act intelligently; (3) counsel is experienced in similar litigation; and (4) the percentage of objectors is small. (Newberg & Conte, Newberg on Class Actions supra, § 11.41, pp....

Excerpt: ...ice of Internal Affairs (OIA) headquarters. Defendant CDCR moves for a protective order precluding plaintiff from taking the depositions of: 1. Former CDCR attorney and General Counsel Benjamin Rice: 2. Former CDCR attorney and Chief Deputy General Counsel Stephanie Clauss: 3. Current CDCR attorney and Chief Deputy General Counsel Howard Moseley 4. Former CDCR attorney and Chief Counsel Christine Albertine CDCR seeks to prohibit these four deposi...

Excerpt: ... quote the actual language objected to. This action arises out of the purchase of real property located at 6951 Middlecoff Way, Sacramento, California (the "Property"). In September 2016, Plaintiff entered into a Real Estate Purchase Agreement to purchase the Property from defendant, Alexis Tillman (seller). Plaintiff alleges that Ms. Tillman concealed from him the fact that the property was encumbered by a special tax lien that arose from a pati...

Excerpt: ...Statement of Evidence filed in support of RN Candalla's Motion for Summary Judgment, or in the alternative, Summary Adjudication. In accordance with the Rules of Court, rule 2.551(b)(4), RN Candalla has lodged Exhibits "6" and "7" to the concurrently filed Statement of Evidence conditionally under seal. This Motion is made upon the ground that a purported overriding confidentiality interest in Plaintiffs medical records exists which overcomes the...

Excerpt: ...ed. Defendant's Evidentiary Objections are sustained. Plaintiff's Complaint, the operative pleading in this case, filed December 26, 2018, contains one remaining cause of action against RN Candalla for Professional Negligence relating to conduct he alleges occurred at Correctional Health Services when he was an inmate of the Sacramento County Mail Jail from November 21, 2017 to November 22, 2017. Plaintiff asserts that RN Candaila, who served as ...

Excerpt: ...eir divorce and child custody proceedings. This Court previously granted Defendant's motion for summary judgment but that order was reversed in part by the Third District Court of Appeal as to the causes of action for invasion of privacy and IIED. Plaintiff is not claiming any bodily injury in this action though he does allege that he experienced significant emotional distress as a result of the use of his medical records. This Court previously g...

Excerpt: ...nversion, breach of oral contract, negligent misrepresentation and violation of Business & Professions Code § 17200. Plaintiffs allege that Defendant Murray Peterson, a resident of Sacramento County, convinced them to invest in diamonds. Mr. Peterson was Plaintiffs' financial advisor. Mr. Peterson allegedly told them that he had been in the diamond business with Defendant Adam Lowe, a resident of Florida. They did business as Peterson Lowe, LLC....

Excerpt: ...udice. However, as to all requests for production for which further responses have been served since the filing of the motion, defendants are ordered to produce the responsive documents they agreed to produce, no later than February 20, 2020. This action arises out of a dispute arising from an operating agreement concerning the operation of Lincoln Gateway Ventures, LLC (Lincoln). Plaintiff has a 20% interest in the LLC and defendant Vanir Group ...

Excerpt: ...ode § 2802. The second cause of action is penalties pursuant to the Labor Code Private Attorney General Act of 2004 (Labor Code § 2698, et seq. “PAGA”) premised on alleged violations of Labor Code § 2802. Defendant moves to compel arbitration of Plaintiff's individual claim for violation of Labor Code § 2802 and stay the remainder of the action pursuant to an arbitration provision signed by Plaintiff. The U‐Haul Employment Dispute Resol...

Excerpt: ...laintiff has retained counsel. Accordingly, the Court now rules as follows on defendant City of Sacramento's (“Defendant”) demurrer to Plaintiff's First Amended Complaint (“FAC”). Plaintiff filed this action on February 21, 2019, alleging causes of action for breach of contract, fraud, and gross negligence against Defendant. Defendant demurred to each of these causes of action in the original complaint. On August 13, 2019, the Court grant...

Excerpt: ...of motion does not provide notice of the Court's tentative ruling system, as required by Local Rule 1.06. Moving counsel is directed to contact Plaintiff and advise 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 plaintiff prior to hearing, moving counsel is ordered to appear at the hearing in person or by telephone. This action arises from a motor vehicle c...

Excerpt: ...s requests for judicial notice are granted. Plaintiff filed the complaint in this action on behalf of minor Skylar Wolf, alleging that Deborah and Joseph Russi, co‐trustees of the Kerner Family Generations Trust fbo Catherine L. Wissenback (“Trust”), wrongfully transferred trust assets to which Skylar Wolf was entitled. Defendant Burk was the attorney for the co‐trustees at all relevant times. Defendant Burk alleges that he never had an a...

Excerpt: ...he termination of Plaintiff's employment by Defendant. Plaintiff filed the complaint on September 8, 2017, alleging causes of action for defamation, violation of Labor Code sections 98.6, 1102.5, and 6310, and wrongful termination in violation of public policy. Plaintiff was previously represented by counsel, but has been self‐represented since January of 2019. (ROA 38.) Plaintiff has not conducted any discovery in this case or taken any deposi...

Excerpt: ...Reyes, Roosevelt Properties, LLC, Property Management Agency, Inc. and Willie Vaughn (collectively, “Defendants”) alleging multiple habitability and housing violations. (ROA 1.) By this motion, Plaintiffs seek leave to amend to add allegations of conduct that occurred from July 29, 2019, through August 3, 2019. (DMN Decl. ¶ 8.) Trial is currently set for March 3, 2020. Specifically, the FAC would differ from the original complaint in the fol...

Excerpt: ... 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 the settlement.” Thus, CCP § 664.6 allows the Court upon motion to enter judgment pursuant to the terms of a settlement where the parties stipulated to...

Excerpt: ...t had the opportunity to respond to. The Court is not considering the late‐filed opposition, however the evidence before the court that was timely filed is sufficient to deny the motion to compel arbitration. Petitioner seeks an order under the California Arbitration Act (California Code of Civil Procedure §§ 1281 et seq.) compelling Respondent John Clark to arbitrate his wage and hour claims alleged in his Labor Commissioner Complaint (pursu...

Excerpt: ...rnia Code of Civil Procedure §§ 1281 et seq.) compelling Respondent Christopher Evans to arbitrate his wage and hour alleged in his Labor Commissioner Complaint (pursuant to California Code of Civil Procedure § 1281.2), and dismissing the Labor Commissioner hearing pending the completion of arbitration (pursuant to California Code of Civil Procedure § 1281.4). In the alternative, Petitioner requests a stay of the Labor Commissioner hearing pe...

Excerpt: ...ubmitted. Therefore, the undisputed facts remain undisputed. It bears noting that plaintiff's opposition wholly fails to comply with the summary judgment statute. Civil Procedure section 437c (b)(3) provides: The opposition papers shall include a separate statement that responds to each of the material facts contended by the moving party to be undisputed, indicating if the opposing party agrees or disagrees that those facts are undisputed. The st...

Excerpt: ... for two LLCs. He also alleges that he had a separate joint account with his wife, Carol Fauerbach, at the credit union. He alleges that on an unspecified date, he withdrew $20,000 from this "joint account" that he held with his wife and deposited it with another institution. Plaintiff alleges that defendant, at an unspecified date, wrongfully debited his LLC trust account ("trust" account) in the amount of $20,000 and put the funds into Carol's ...

Excerpt: ... 2014 and 2015 baseball seasons. Plaintiff alleges causes of action for, among other things, race discrimination and harassment, retaliation, wrongful termination, failure to pay wages, and failure to provide meal and rest periods. As it relates to Defendants Metz and the D‐backs, Plaintiff alleged causes of action for aiding and abetting FEHA violations, violation of the Ralph Civil Rights Act and Unfair Business Practices. Metz and the D‐Ba...

Excerpt: ...ento and suffered personal injuries. Defendant Pacific Bell filed its answer on August 25, 2017. Defendant moves for summary judgment on the sole bases that the alleged defect is trivial, was open and obvious, and that it had no notice of a dangerous condition. Any party may move for summary judgment in any action or proceeding if the party contends that (1) the action or proceeding has no merit or (2) there is no defense to the action or proceed...

Excerpt: ... 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 the settlement.” Defendant and self‐represented plaintiff Lauren Luo (“Plaintiff”) entered into a Stipulation for Settlement (the “Set...

Excerpt: ...y license agreement by failing to pay the full license fees owed for manufacturing fire‐roasted tomato products using CFR's licensed technology. CFR claimed Liberty used CFR's fire‐roasting technology and included liquid smoke or smoke additives for certain customers, but failed to pay the higher license fees in breach of the License and Consent Agreement. Liberty's request to file a counterclaim against CFR, asserted two days before the arbi...

Excerpt: ...on under Bus. & Prof.Code § 17200. Cal TD is the foreclosure trustee. [Complaint ¶ 5] Plaintiffs allege that moving Defendant "wrongfully withheld funds from Plaintiff after the nonjudicial foreclose sale was completed. [Compl., ¶51.] Plaintiffs claim that the amount of their loan was approximately $200,000, and that the property sold for $295,000 at the foreclosure auction. [Compl., ¶ 50.] In the section of the complaint entitled "Facts Pert...

Excerpt: ...15, and 1 7; and portions of Exhibits 7, 16, 18, 22, and 26, under seal. On March 28, 2018, Liberty and CFR entered into a protective order, signed by the arbitrator, to protect economically sensitive information, that, if disclosed to the parties' competitors, has the potential to cause significant financial harm. (See Declaration of Josh H.Escovedo ("Escovedo Decl."), ¶ 2, Ex. " A . " ) CFR and Liberty designated the Amended and Restated Licen...

Excerpt: ...ling, tortious breach of the implied covenant of good faith and fair dealing and “bad faith” in connection with allegations that Defendant failed to honor a vehicle theft insurance contract. Plaintiff alleges that her vehicle was stolen and that Defendant improperly denied her claim under the insurance policy. Defendant moves for summary judgment/adjudication. This matter was previously set to be heard on September 5, 2019, but the Court gran...

Excerpt: ... (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 settlement papers by the Co...

Excerpt: ...acquiring a Cynosure Sculpsure Laser System (the "Equipment"). Plaintiff filed this action on May 30, 2018, alleging three causes of action for (1) breach of Equipment Finance Agreement ("EFA"), (2) claim and delivery, and (3) conversion. During the litigation, Plaintiff obtained possession of the Equipment and has been attempting to sell it. Plaintiff then moved for summary judgment or, in the alternative, summary adjudication. On October 22, 20...

Excerpt: ...ated at 1413 Howe Avenue, Sacramento, California. On or about August 5, 2014, plaintiff New East Frontiers, Inc. (“Plaintiff” or “New East”) entered into a real estate purchase agreement with Jai Shri Ram Hospitality Group, LLC (“Seller”). (UMFs 2, 3.) Defendant MHS was a broker for Seller and acted by and through real estate broker defendant Story. (UMF 4.) Story is the President and sole shareholder of MHS. (Story Decl. ¶ 1.) Neith...

Excerpt: ...icial 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 judgments." (Bach v. McNelis (1989) 207 Cal.App.3d 852, 865.) YAN's objections to evidence are overruled. This action arises from a loan agreement YAN and La Posta entered into in connection with a casino project that ultimately failed and the jud...

Excerpt: ...tates Petroleum, Inc. (“Defendant”) from approximately July 2015 to April 2018. Defendant is a full‐service petroleum supplier. Plaintiff filed a class action lawsuit on April 27, 2018, on behalf of all current and former hourly‐ paid or non‐exempt employees who worked for Defendant within the State of California at any time from April 27, 2014, to final judgment. On July 11, 2019, Plaintiff filed a First Amended Complaint (“FAC”) t...

Excerpt: ...in a class action is fair. (Rebney v. Wells Fargo Bank (1990) 220 Cal. App. 3rd 1117, 1138.) The law favors settlement, particularly in class actions and other complex cases where substantial resources can be conserved by avoiding the time, cost, and rigors of formal litigation. (See Newberg on Class Actions 4th (4th ed. 2002) § 11.41 (and cases cited therein); Class Plaintiffs v. City of Seattle (9th Cir. 1992) 955 F.2d 1268, 1276; Van Bronkhor...

Excerpt: ...employee duty of loyalty, and injunctive relief. A First Amended Complaint was filed on August 1, 2019, alleging the same causes of action. Defendant demurred to the FAC. The demurrer was dropped as moot because a Second Amended Complaint (“SAC”) was filed on October 1, 2019. The operative SAC alleges claims for misappropriation of trade secrets, breach of the employee duty of loyalty, breach of contract, intentional interference with contrac...

Excerpt: ...18, asserting causes of action for auto accident negligence and general negligence against defendant TWT Express LLC (“TWT”). The complaint alleges that the truck driver, an employee of TWT, drove a truck forward while Plaintiff was performing mechanical work on the truck causing the truck to strike Plaintiff's head. On January 28, 2019, TWT filed its answer. (ROA 12.) On November 1, 2019, Plaintiff filed a Doe Amendment to name defendant Vic...

Excerpt: ...s imposition of an administrative penalty of $318,000 on Plaintiff pursuant to Sacramento City Code sections 8.132.040(B) and 8.132.050, following the City's discovery of illegal indoor cultivation of 642 cannabis plants in a home owned by Plaintiff in Sacramento. The City's Code Enforcement issued the penalty on July 2, 2018, and the City's administrative appeals division affirmed the penalty on September 19, 2018. Notice of the administrative a...

Excerpt: ...Dr. Elke Cooke, MD. Plaintiff ingested the medication in 2016, the same year that the medication was recalled by the defendant. The motion is granted as to 14, 15, 18, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33 and 34 (limited to construction in 2016), 35, 36, 37, 39,40, 41and 42 (limited to 2016 prescription retention and patient records) 43, 44, 45, 46, 49, 50, 51, 52, 53. The motion is granted as to 59, 60 ,61,and 62 however scope ...

Excerpt: .... Plaintiffs allege that defendants, who were hired as bookkeepers, stole more than $246,000 from plaintiffs in the form of checks that had been made payable to defendants. Defendants contend that after plaintiff's erroneously accused defendants of fraud, plaintiff resorted to "self‐help" measures by locking defendants out of their offices depriving them of their client files and filing a false police report. Plaintiffs served discovery on defe...