Excerpt: ...se" to Defendant's demurrer filed on March 25, 2019 only four court days prior to the hearing and which does not appear to have been served on Defendant. In any event, this document does not even address the grounds raised by Defendant in support of the demurrer. In this action Plaintiffs filed the FAC on the judicial council form complaint alleging a single cause of action for breach of contract. There are no allegations regarding the br...

Excerpt: ...equest for judicial notice is granted. This action is based upon the City'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 a...

Excerpt: ...ent at the Embracing Arms Care Home from January 18, 2018 through February 8, 2018. (Comp. ¶ 8.) Defendant Maria Cucciea is alleged to be the owner/administrator of Embracing Arms and Defendant Christian Tratta is alleged to be her husband and a resident caregiver. The Court previously granted Plaintiff's motion to conduct financial discovery pursuant to Civil Code § 3295 after finding Plaintiff demonstrated a substantial probability of prevail...

Excerpt: ...e Court found that the timely objection raised by Defendant as to Evidence Code § 1157 with respect to its initial responses to requests 1‐4 did not apply. As to requests 8‐11, Defendant's initial responses only asserted objections based on vagueness, ambiguity and overbreadth. Defendant did not specifically set forth an objection based on the federal Patient Safety Act, 42 USC § 299 et seq. until it served further responses. Defendant atte...

Excerpt: ...NTED pursuant to Evidence Code sections 451 and 452. Plaintiffs' Request for Judicial Notice of Exhibits 1‐11 to the Kim Declaration is unopposed and is GRANTED pursuant to Evidence Code section 452. The court notes, however, that as to Exhibits 1‐10, the court takes notice of only the existence of the document as part of a court file, not the contents thereof; the court may only take judicial notice of the truth of facts asserts in documents...

Excerpt: ...uct of its softball coach, Michael Martis. Plaintiff dismissed the action without prejudice on January 23, 2019. Defendants St. Francis Catholic High School and the Roman Catholic Bishop of Sacramento filed a memorandum of costs claiming $7,330.37 in defense costs. Plaintiff now moves to strike the cost memorandum on the basis that Defendants were not "prevailing parties" because she dismissed the complaint without prejudice and could re�...

Excerpt: ... “Agreement” date February 28, 2018 (the “Contract”) entered into between Petitioner and Respondent concerning various home improvements made to real property located at 8541 Biruta Avenue, Orangevale, California 95662 (the “Property”). Petitioner contends it was hired to repair the Property following a water leak that resulted in insured water damage. Petitioner contends it completed all of the work required under the Contract in a w...

Excerpt: ...e opposition on the merits, and, they also stipulated to continue the motion to ensure proper service. Therefore, any objection based on defective service has been waived. On January 15, 2019, defendant Wells Fargo Bank, N.A. (“Defendant”) brought an ex parte application to dismiss with prejudice the complaint filed by Plaintiffs. The Court granted the application and dismissed the action with prejudice on the grounds Plaintiffs failed to tim...

Excerpt: ...Franck (“Plaintiff”) as cocounsel to work with their previously‐retained attorney, Daniel Muller, to work on an existing lawsuit Defendants filed against the City of Oakland, venued in Alameda County (the “Oakland Action”). For various reasons, Defendants terminated Plaintiff's services in July 2018. (L. diSibio Decl. ¶ 5.) On October 5, 2018, Plaintiff filed this action for breach of contract seeking approximately $29,000 in unpaid le...

Excerpt: ...cific's (“Defendant”) purported failure to provide meal and rest periods by adopting a policy that required security guards to remain on‐call and on‐duty during their meal and rest periods and precluded employees from being able to leave the work premises. Plaintiff's First Amended Complaint alleged claims for failure to provide meal and rest periods, waiting time penalties, wage statement violations, unfair competition, and PAGA. Defenda...

Excerpt: ...sche Bank Nat'l Trust Co. (2011) 196 Cal.App.4th 1366, 1375.) Defendant's request for judicial notice as to item 2, the “Monthly Rental Agreement entered by and between Defendant and former owner Jatinder Singh and Plaintiff Hilda Garcia on October 10, 2016” is denied. However, the Court notes the Rental Agreement has been attached to the Complaint and is, therefore, part of the pleadings. Yet, the copy of the Rental Agreement is of such poor...

Excerpt: ...on of emotional distress, elder abuse, and wrongful death in connection with an incident on August 28, 2017, when the Decedent, who was terminally ill from lung disease, received a morphine drip of 250 milligrams over less than 90 minutes, despite an order from his physician for a morphine drip at 1 milligram per hour. Defendant's demurrer to the original Complaint was sustained with leave to amend as to the fourth cause of action for elder abuse...

Excerpt: ...he was pushing for her, causing it to swivel and strike plaintiff, resulting in her falling forward and landing with all her weight on both knees and hands. The case was filed in November of 2018 and the Answer was filed on December 31, 2019. On February 7, 2019, Plaintiffs counsel received an updated lien from Plaintiff's medical provider, Kaiser, in the amount of $50,029.34. Plaintiffs counsel promptly emailed Defense counsel and notified t...

Excerpt: ...kes both a motion to quash and a motion to set aside, given Defendant is currently in default, the only motion that she may properly make is one to set aside the default. As Defendant's default has been entered by the Clerk and not yet set aside, the Court has lost jurisdiction to address any action by the defaulted defendant other than a motion to vacate entry of default. (See, e.g. W. A. Rose Co. v. Municipal Court for Oakland‐ Piedmont Judic...

Excerpt: ...il Consumption Defects”), Plaintiff seeks to compel Defendant to provide full and complete responses to certain requests for production. Requests Nos. 18, 21‐26, and 39‐44 relate to Defendant's investigation and analysis regarding the defects. Requests Nos. 7, 71‐73, and 86 related to Defendant's warranty and repurchase policies. Defendant interposed numerous objections to the requests for production, including objections based on relevan...

Excerpt: ...med illness was in January 2017. Plaintiff Hyatt claims to have lost approximately $2,000 in lost income and Plaintiff Helwig claims to have lost approximately $1,000 from missing work. Defendant FPI Management, Inc. issued subpoenas for Plaintiffs' employment records which seek their entire employment files. Plaintiffs now seek an order limiting the scope of the subpoenas to time sheets, attendance records and payroll/wages information. Plaintif...

Excerpt: ... notice is granted. However, with respect to Exhibit C, the declaration from a Staff Services Analyst with the Government Claims Office regarding a records search for any Government Claim filed by Plaintiff, the Court only takes judicial notice of the existence of the governmental document, not the truth of anything stated therein (e.g., that Plaintiff did not file a claim). Judicial notice may be taken of official acts of a governmental entity, ...

Excerpt: ...rawn or filed in conformity with the laws of this state.” (Code Civ. Proc, § 436, subds. (a) and (b).) Defendants first move to strike the entire SAC on the basis that it was not filed by the deadline imposed by the Court when their previous demurrer was sustained in part with leave to amend. The parties ultimately agreed that the SAC was to be filed by December 7, 2018 but was not actually filed until January 25, 2019. Given that the Court is...

Excerpt: ... with Prospective Economic Advantage. The complaint arises out of allegations that Plaintiff was an instructor who had a contract with an authorized AHA training center (“RCPALS”) offering training class certification for emergency services. He alleges that AHA revoked his status by way of a letter dated November 30, 2017 which stated that he violated AHA requirements on November 7, 2017. He alleges that he had no idea AHA was considering rev...

Excerpt: ...unt for money due. The Proof of Service of Summons & Complaint indicates Defendant was served by substituted service on July 11, 2018, at 5213 63rd Street, Sacramento, California 95820 by leaving copies with “JOHN DOE, CO‐ OCCUPANT (REFUSED NAME), Asian Male, 30 Years Old, Black Hair, 5 Feet 7 Inches, 155 Pounds.” Copies were then mailed to Defendant On July 12, 2018, at the same address. The Summons & Complaint was served by a registered p...

Excerpt: ...to a school bus, causing the bus to roll over. Plaintiff Gerald Austin, Sr. was serving as an attendant on the bus at the time of the collision. Plaintiffs Gerald Austin, Sr. and Kathy Brown Austin's (collectively, “Plaintiffs”) Second Amended Complaint alleges causes of action for motor vehicle, general negligence, and loss of consortium and seeks punitive damages against Nevarez for consciously disregarding the safety of others. At issue ar...

Excerpt: ...up”) request to permit Fred Laudadio and Daniel Rossi to provide oral testimony at the hearing. The Court finds Fenix Group has failed to establish good cause. (CRC 3.1306.) Plaintiff Norcanna, Inc. filed its complaint on January 7, 2019, and its first amended complaint on February 27, 2019. Therein, Plaintiff alleges causes of action for breach of contract, fraud and others in connection with a sublease agreement Plaintiff entered into with Fe...

Excerpt: ...he door and the freezer unit. Plaintiff was shopping at the WinCo Foods Store in Orangevale, which is owned and operated by WinCo, on September 10, 2013. She was in the Frozen Food section of the store, having opened a clear glass freezer door on an upright freezer containing ice cream, when an unidentified shopper, utilizing a motorized cart, came into contact with the open freezer door. Plaintiff was struck by the open door and not any part of ...

Excerpt: ...rly Consumer Warranty Act ("Song‐Beverly Act"). Plaintiff alleges that her 2010 Chevrolet Traverse, which was manufactured and distributed by Defendant, suffers from widespread defects‐including the Engine Defects and that Defendant has been unable to repair her vehicle within a reasonable number of attempts. Plaintiff further alleges that Defendant knew that her vehicle suffered from the prevalent defects, but nevertheless refused to...

Excerpt: ... 48 Cal.App.4th 1794, 1801.) The trial court is vested with broad discretion in approving class settlements. (Rebney v. Wells Fargo Bank (1990) 220 Cal.App.3d 1117, 1138.) Plaintiffs Hal Weinshank and Gabriela Ortolani's (collectively “Plaintiffs”) unopposed motion for final approval of class action settlement is tentatively granted pending the final fairness hearing to be held on this date. (Code of Civil Procedure § 382, California Rules o...

Excerpt: ...conscious and resulting in significant life altering injuries. 1st cause of action Strict Products Liability‐Design, 2nd cause of action Strict Products Liability‐Manufacturing, and 3rd cause of action Strict Products Liability‐ Failure to Warn: The demurrer to these causes of action is overruled. Defendant contends that these causes of action are merely "duplicative" and should be combined in one cause of action. Defendant does not...

Excerpt: ...tates he made repeated efforts to speak to plaintiff's counsel about the issues raised in the demurrer. Plaintiff's counsel never responded to the requests, stating the arguments in the papers suffice. The Court will not require any further efforts by defendant as such would further delay of the hearing and reward plaintiff's counsel for not responding to defendant's efforts to comply with CCP 430.41. Innovative was at all relevan...

Excerpt: ...ramento (erroneously sued as Sacramento County Sheriffs Department) and Sheriff Scott Jones were negligent and committed intentional torts in the execution of arrest and search warrants and the entry into her home by Sheriffs Department personnel. No federal civil‐rights claims are asserted. She seeks monetary damages for violation of her rights, property damage and emotional distress. She alleges causes of action for negligence, intentional to...

Excerpt: ... the matter after Defendant appeared at the hearing and requested a continuance to obtain counsel. It was affirmatively represented that she would do just that and the Court continued the hearing to February 21, 2019. Defendant thereafter filed a 2 page declaration/opposition stating that the amount sought is not reasonable and that she has not been able to afford an attorney. She indicated that she and her husband have no real assets and that th...

Excerpt: ...ental interrogatories. The Code specifically allows for a motion for further responses based on the contention that responses contain objections that lack merit. (E.g., CCP § 2033.290(a) (2).) In such a circumstance, the party asserting the objection obviously has the burden to justify the objection. (Fairmont Ins. Co. v. Superior Court (2000) 22 Cal.4th 245, 255 [citing Coy v. Superior Court (1962) 58 Cal.2d 220‐221].) RFAs 62‐66 Denied. Th...

Excerpt: ...the allegations in plaintiff's favor. (Code Civ. Proc., § 452) A complaint survives a general demurrer insofar as it states, however inartfully, facts disclosing some right to relief. (Code Civ. Proc., § 452; Barquis v. Merchants Collection Assn. (1972) 7 Cal. 3d 94, 103. As noted in Reichert v. General Ins. Co. (1968) 68 Cal. 2d 822, 840‐841,103 "While orderly procedure demands a reasonable enforcement of the rules of pleading, the b...

Excerpt: ...endant's default was entered on June 30, 2017. Default judgment has yet to be entered. Defendant's declaration indicates that he first learned on the lawsuit on January 23, 2019 when he received a request for entry of court judgment in the mail. (Wilson Decl. ¶ 1.) Defendant was not expecting to be sued because he had previously settled a claim with Plaintiff Liberty Mutual Insurance Company in which Defendant claimed that the subject accident w...

Excerpt: ...ies to a public works construction arbitration before the Office of Administrative Hearings (“OAH”). Caltrans awarded Tricon construction Contract Number 10‐0X2104, which concerned the construction of four “wash buildings” in different rural locations in northern and central California. Tricon alleges in its Complaint‐ in‐Arbitration (“Complaint”) that it is owed approximately $2 million from Caltrans on the Contract. Upon the f...

Excerpt: ...accident is covered by an automobile policy Toriz held with CSAA. Counsel representing Toriz is retained by CSAA. On October 19, 2018, Plaintiff attempted to serve Toriz by mail with the Summons and Complaint and accompanying acknowledgement of receipt form. Toriz did not sign the acknowledgment of receipt form, but forwarded a copy of the Summons, Complaint, and unsigned acknowledgment form to her insurer CSAA on October 31, 2018. On November 8,...

Excerpt: ...s brought seeking preliminary approval of a wage and hour class action settlement in the total gross amount of $1,195,000.00 plus employer‐side payroll taxes. See generally Exhibit A (Proposed Joint Stipulation Regarding Class Action Settlement and Release ("Settlement Agreement"). Plaintiffs allege Defendants' policies and practices resulted in numerous violations of California law, including the following alleged policies and prac...

Excerpt: ... CDA Rotunda Partners LLC is denied. The Court notes that the parties settled with plaintiff on March 4, 2019. However, although the settlement conference minute order of that date states that "the entire case settled," the court has been informed that the Cross‐Complaints remain pending, inter se. Plaintiff is no longer part of the litigation. The settlement is not available to the Court. No motion(s) for good faith settlement have bee...

Excerpt: ...ottsdale, Arizona. It grants licenses to independently owned and operated franchisees to use the Massage Envy® name, trademark, and standardized business operations in exchange for a franchise fee. Co‐Defendant R&S entered into the Massage Envy Franchising, LLC Franchise Agreement ("Franchise Agreement") pursuant to which MEF, as franchisor, granted R&S the right and license to use the Massage Envy name, trademark, and standardized bus...

Excerpt: ...18. Plaintiff's counsel states he met and conferred with defense counsel in April and June of 2018. On June 24, 2018 Saint Claires promised dates within a week's time but no deposition dates were provided. Plaintiff also attempted to meet and confer in July, August, and September. On January 5, 2019, defendant advised plaintiff that dates would be forthcoming. On January 18 plaintiff requested dates be provided by February 15, 2019 but no...

Excerpt: ... however, alleges that the real reason for his termination was the result of retaliation by ABC Chief Counsel, Defendant Rambo, for Plaintiff challenging Rambo's directives regarding provision of administrative records in ABC actions to assigned administrative law judges assigned to ABC cases. Plaintiff also alleges he was harassed by Rambo and was a victim of other acts of retaliation while he was employed that he complained that Rambo was also ...

Excerpt: ...re substandard living conditions at a four‐plex residential unit. The defendants in this action are the various owners of the four‐plex. The moving Defendants are the latest owners of the four‐plex. 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 proceeding. CCP 437c(a). A cause of action has no merit if one o...

Excerpt: ...l death cause of action. The action arises from the care the Decedent received at Defendants' facility. Defendants move to compel the action to arbitration on the basis that Richard Rogers signed a Residency Agreement as the Decedent's representative which contained an Arbitration Agreement. Mr. Richard Rogers signed the Arbitration Agreement on a space labeled “Resident/Representative Signature.” The Arbitration Agreement provides that “an...

Excerpt: ...ants to comply with a notice to appear and produce documents in connection with a trial which is set for November 5, 2019, some seven plus months from now. The notice seeks documents related to Defendants' financial condition which Plaintiff argues are material to the punitive damages claim because Plaintiff will be required to present that evidence if Defendants are found liable for punitive damages. Defendants served objections to the notices. ...

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: ...t of a HVAC system in her apartment unit that caused a water leak which led to water intrusion. She alleges that mold then developed which made her sick. She alleges that she asked “defendants” to relocate her so they could do repairs and mold remediation but they would only do so if she signed a Mutual Release Agreement which she refused to sign. Plaintiff does not make any allegations regarding her relationship with Defendant. The demurrer ...

Excerpt: ...lation of FEHA and Labor Code §§ 98.6 and 1102.5, wrongful termination in violation of public policy, and failure to prevent discrimination and retaliation, breach of fiduciary duty, breach of contract, and declaratory judgment. Defendant contends the Complaint contains attorney‐client privileged information that should be stricken pursuant to CCP §§ 435 and 436. Specifically, Defendant contends the privileged information is contained in pa...

Excerpt: ...ndants”) motion to dissolve preliminary injunction and motion to dismiss is ruled upon as follows. Defendants' request for judicial notice is granted. Plaintiff filed his complaint in this non‐judicial foreclosure matter on September 21, 2017. The real property at issue is located in Solano County at 3455 Laguna Creek Trail, Vacaville, California 95688. On September 25, 2017, this Court granted Plaintiff's ex parte application for a temporary...

Excerpt: ...njamin Shadle, M.D. (“Dr. Shadle”). Trial is currently set for April 8, 2019, 15 court days from today. Plaintiffs contend Dr. Shadle disclosed three retained expert bariatric surgeons to testify on the issues of standard of care, causation, and damages and one neurologist to testify on the issue of causation and damages. Plaintiffs now move for a protective order to limit Dr. Shadle to one retained expert bariatric surgeon on the grounds usi...

Excerpt: ... file a response to the defendant's status report. This matter was continued to this date from February 21 and the Court has now considered the opposition filed by City. On September 26, 2018, this court granted the City's Petition for Appointment of a Receiver pursuant to Health and Safety Code Section 17980.7 (See tentative ruling issued on September 26, 2018.) On the same date, at the request of Mr. Howard Sutton's Son and daughter...

Excerpt: ...dron. After the arbitration was held, the arbitrator found that Gendron was not credible and found that she had not been sexually harassed. The motion is dropped from calendar as the Court lacks jurisdiction to hear it. The motion was not served in the a manner required by CCP 1290.4. It must be noted that if the subject arbitration agreement does not provide the manner in which such service shall be made [the instant agreement does not] and the ...

Excerpt: ...aintiff contends she continues to experience pain and suffering from her collision related injuries. In addition, when the case was filed plaintiff did not fully appreciate the potential value of her loss of earnings claim. At the time of the filing of this motion, plaintiff contends that her economic damages are now between $15,000 and $18,000. Code of Civil Procedure section 403.040(b) authorizes courts to grant motions for reclassification tha...

Excerpt: ...e 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 the existence of each document in a ...

Excerpt: ...ual plaintiffs along with Defendant Kenny Thomas were members of TSCS. Ultimately the individual plaintiffs and TSCS entered into a Membership Interest Repurchase and Member Withdrawal Agreement (“Agreement”) in January 2018 which left Defendant Thomas as the remaining member of Defendant TSCS. The individual plaintiffs were allegedly due a total of $148,467.88 collectively. Plaintiffs allege that TSCS failed to make the required payments. Pl...

Excerpt: ...s that Defendants pursued the subject project and marketed space to tenants with insufficient capitol. Plaintiff contends that in order to build out the space, Defendants' investors needed to see secured leases. Plaintiff alleges that instead of first securing capitol to ensure they could build out the project as represented to prospective tenants, Defendants first secured lease agreements knowing that they could not deliver the projects and know...

Excerpt: ...eral, form interrogatoriesemployment, and special interrogatories (sets one) as requested in the moving papers. Defendant's request for monetary sanctions is denied as the motion was unopposed. Although California Rules of Court, Rule 3.1348 purports to authorize sanctions if the motion is unopposed, the Court declines to do so, as the specific statutes governing this discovery authorize sanctions only if the motion was unsuccessfully made or opp...

Excerpt: ...., 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 beyond reasonable dispute. (See Poseidon Devel., supra, 152 Cal.Ap...

Excerpt: ...ling system, as required by Local Rule 1.06, and does not provide the correct address for Dept. 53. Moving counsel is directed to contact Defendant and advise her of Local Rule 1.06 and the Court's tentative ruling procedure and the manner to request a hearing, along with the correct address for Dept. 53. If moving counsel is unable to contact Defendant prior to hearing, moving counsel is ordered to appear at the hearing in person or by telep...

Excerpt: ...h this demurrer any declaration which satisfies the requirements of Code of Civil Procedure section 430.41 (a), which requires the demurring party to meet‐and‐confer "in person or by telephone" with the party filing the pleading that is the subject of the demurrer, and file a declaration with the Court in conformity with section 430.41(a)(3). Despite this failure, Plaintiff's counsel's declaration indicates the parties suffici...

Excerpt: ...ollows:” but no service list is attached and the names and addresses of the parties served are not listed on the Proof of Service. Successful service by mail requires strict compliance with all statutory requirements; failure to comply deprives a court of jurisdiction to act. Accordingly, if a corrected Proof of Service is filed at or prior to the hearing, this matter will be ruled upon as follows, below. If no corrected Proof of Service is tim...

Excerpt: ...Complaint‐in‐Intervention was filed on May 1, 2015, this Court entered Judgment on the National Grange's claims on November 16, 2015, granting some of the relief sought in the Amended Complaint‐in‐Intervention when it declared the Guild had the obligation to return all property in its possession as of April 5, 2013, to the Grange. (ROA 633 and 636.) Shortly after the Judgment was entered, the parties stipulated to stay litigation of the A...

Excerpt: ... requires a response to a petition to compel arbitration be filed within 10 days after service of the petition ["A response shall be served and filed within 10 days after service of the petition. . . ."]. Generally, the failure to respond within the 10‐day deadline in CCP § 1290.6 to a petition to compel arbitration award means that the factual allegations of the petition were deemed admitted under CCP § 1290. However, when a petition...

Excerpt: ... causes of action for medical negligence and negligent infliction of emotional distress against moving defendants in connection with their treatment and care of his mother Helen Woodbury (the "Decedent") in April 2016. The meet and confer declaration filed by defendant's counsel pursuant to CCP 430.41states that plaintiff agreed to dismiss the case with prejudice against Roebken by March 4, 2019 after the parties reached an agreement ...

Excerpt: ...olation of the Rosenthal Fair Debt Collection Practices, and the 8th cause of action for Conspiracy. The demurrer is sustained for the reasons stated in the moving papers. Plaintiff filed an Amended Complaint on February 28, 2019, 7 court days before the hearing. Because the Amended Complaint was not filed at the time the opposition was due, on February 26, 2019, the demurrer is not moot pursuant to CCP 472 and the defendant is entitled to a ruli...

Excerpt: ...ction. Summary Adjudication is only appropriate if it will resolve an entire cause of action, affirmative defense, issue of duty, claim for damages (punitive only) CCP 437c (f). However, as the notice of motion also seeks summary judgment on both causes of action, the Court is treating the separate statement as seeking summary judgment on the entire Complaint as well as summary adjudication of each cause of action. City's Evidentiary Objectio...

Excerpt: ... changing event in which Mrs. McDonald's hip became dislodged, requiring a second surgery. Plaintiffs contend terminating or, alternatively, evidentiary and issue sanctions, and monetary sanctions should be issued against defendant Eskaton because it has disobeyed a number of discovery orders. The trial date is April 22, 2019. Plaintiff states that the discovery completion cut‐off date is April 5. First, Plaintiffs contend Defendant "bl...

Excerpt: ...s for judicial notice filed in support of their briefing on the cross‐motions (ROA Nos. 131, 136, 140, 144, 154, 169, 173) are granted with the exception of Respondent Port Parker's requests that the Court take judicial notice of the Placer County Superior Court's October 23, 2018 Order denying Marcus Turner's Corporations Code section 800 motion in Placer County Case No. SCV0040738. (See Parker's RFJN No. 4 in ROA No. 144; Parker's RFJN No. 2 ...

Excerpt: ...rting Agencies Act (Civ. Code § 1785.1, et seq.), violation of the Consumer Legal Remedies Act (Civ. Code § 1750, et seq.), violation of Bus. & Prof. Code § 17200 and for declaratory relief. Plaintiffs have alleged that Defendant failed to issue post‐repossession Notices of Intent to Dispose of Property that strictly complies with statutory requirements and also unlawfully assesses deficiency balances. Defendant seeks to compel Plaintiffs' i...

Excerpt: ...: o Kozka Decl: Nos. 6, 7, 18 Plaintiff's Evidentiary Objections ‐ Overruled: Nos. 1‐3, 7 The Assembly's request for judicial notice of the Joint Rules of the Senate and Assembly is GRANTED. On April 15, 2007, Plaintiff began working as a photographer/cinematographer at the Broadcast Service Unit within the Member Support and Outreach Division of the Republican Caucus. (UMF 1‐2, 7.) Plaintiff's primary duties were taking and editing photogr...

Excerpt: ...or cuff. Defendants seek summary judgment on the basis that Plaintiff cannot show that her injuries were caused by the incident. Defendants' separate statement includes the following. Defendant Thebeau was acting in the course and scope of his employment for Defendant Armstrong Plumbing, Inc. at the time of the incident. Plaintiff contends the incident caused low back and left shoulder symptoms, including a compression fracture at L5 and torn rot...

Excerpt: ...n the moving party is the plaintiff, there is only one ground for a motion for judgment on the pleadings: "the complaint states facts sufficient to constitute a cause or causes of action against the defendant and the answer does not state facts sufficient to constitute a defense to the complaint." (C.C.P. 438(c)(1)(A).) Except as provided by statute, a motion for judgment on the pleadings is analyzed like a general demurrer. (Cloud v. Nor...

Excerpt: ...ges because the fraud claim is insufficiently pled as argued in its demurrer. However, since the Court has concluded that the fraud claim was sufficiently pled, the motion to strike punitive damages must be denied for the same reasons the demurrer was overruled. (See, e.g. Johnson v. Ford Motor Co. (2005) 35 Cal. 4th 1191.) Fraud is a cause of action which provides a basis for punitive damages. Civil Code § 3294. The Court need not address wheth...

Excerpt: ...rt 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 be continued one week plus one court day for oral argument. T...

Excerpt: ...er real property. Plaintiff essentially claims that the Note between herself and the Iseleys for the face amount of $75,000 was not supported by consideration and that the amount stated in a Notice of Default (“NOD”) was overstated, rendering the NOD void and that in any event she was not in default and the Defendants created the circumstance which resulted in her being unable to make payments. The Court notes that Plaintiff filed a first ame...

Excerpt: ...See McGinley Decl. ¶¶ 1‐ 28 and Exhs. 1‐2.) As the record establishes defendant Shinga Wineco, LLC (“Defendant”) has no interest in the vehicle given that the amount owned exceeds the value of the vehicle, Plaintiff is not required to file an undertaking. The amount Defendant must post as an undertaking to stay delivery or regain possession pursuant to CCP § 512.020 is $56,260.25. Plaintiff is also entitled to a turn over order. (CCP �...

Excerpt: ...n, which were filed conditionally under seal, remain under seal in their redacted form as filed. Plaintiffs contend the redactions protect Plaintiffs' private financial information and Defendants' trade secrets. Under California Rules of Court, Rule 2.551, a record must not be filed under seal without a court order. (Cal. Rule of Court, Rule 2.551(a).) The Court may order that a record be placed or filed under seal if it expressly finds that: (1)...

Excerpt: ...aintiff filed this action to recover damages for: (1) violation of Business & Professions Code §§ 14200 et seq. (Model State Trademark Law/Trademark Infringement); (2) trade name infringement; (3) violation of California's Anti‐Phishing Act of 2005; and (4) unfair competition. Plaintiff served requests for production, set one, on Defendant on March 27, 2018, and received responses on May 24, 2018. The parties met and conferred regarding furth...

Excerpt: ...eeding in pro per. On June 6, 2018, this Court granted Defendant's three 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 has failed to comply with these Court orders and Defendant now moves for issue, evidence, terminating, contempt, and/or monetary sanctions in the sum of $935 a...

Excerpt: ...staken 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 the existence of each document in a court file, but can only take judicial notice of the truth of facts asserted in do...

Excerpt: ...endant Vrame is CRLLC's managing member. Plaintiff alleges causes of action for breach of contract, fraud, and negligent misrepresentation. In evaluating a motion for summary judgment or summary adjudication the court engages in a three step process. The Court first identifies the issues 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...

Excerpt: ...ment that a party respond to supplemental interrogatories unless they have something to supplement. CCP 2030.070 provides that: (a) In addition to the number of interrogatories permitted by Sections 2030.030 and 2030.040, a party may propound a supplemental interrogatory to elicit any later acquired information bearing on all answers previously made by any party in response to interrogatories. (b) A party may propound a supplemental interrogatory...

Excerpt: ...hich plaintiffs allege that they were stopped at a signal after exiting Highway 80 in Sacramento County. After the signal light turned green. plaintiff Morgan proceeded onto Watt Avenue when she was hit by defendant Eaton who was riding a motorcycle when he ran a red light. Plaintiff seeks to amend the complaint, relying on CCP 425.13. However, that code section applies only to medical malpractice cases and requires an evidentiary showing. The Co...

Excerpt: ...dding a claim that would benefit the Class as a whole. The amendment is alleged to be necessary to ensure that all of the claims applicable to the Class are raised. PAGA includes an administrative procedure that the aggrieved employee must exhaust as a prerequisite to filing a civil suit. The administrative prerequisites to filing suit in section 2699.3 are triggered when an aggrieved employee seeks certain civil penalties under the Labor Code. S...

Excerpt: ...mports, sells, and/or distributes for sale in California vinyl/PVC seat covers containing the plasticizer and Proposition 65‐listed chemical, di(2‐ ethylhexyl)phthalate (DEHP), hereinafter the "Products," without first providing the health hazard warning required by Proposition 65. A true and correct copy of the Consent Judgment is attached as Exhibit A to the supporting declaration of Laralei S. Paras (Paras Decl) DEHP is listed purs...

Excerpt: ... for preliminary injunction is granted as set forth below. Reinnoldt's objections to evidence are ruled upon as follows: Sustained Objection No. 2, 6, and 7; overruled Nos. 1, 3, 4, 5, and 8. The subject Deed of Trust dated January 31, 2017 ("Deed of Trust") encumbers the Folsom Property which is owned by Reinnoldt and LLC as tenants‐in‐common, with undivided interests of 30% and 70% respectively. LLC had noticed a trustee's sale ...

Excerpt: ...entered as a first step which orders the sale of the property and apportionment based upon the parties' interests in the property. (E.g., Finney v. Gomez (2003) 111 Cal.App.4th 527, 532; CCP § 872.720.) Further a referee will then be appointed to sell the property in accordance with CCP § 873.010 upon noticed motion. The Court notes that the instant complaint does not request any specific dollar amount of relief. As a result, Plaintiff will not...

Excerpt: ...a wrongful death cause of action and to remove the prayer for relief for general damages in connection with the second cause of action for battery to reflect the Court's prior ruling on a motion to strike. Defendants Maria Cucicea and Christian Tratta oppose the motion on the basis that Plaintiff failed to comply with CRC 3.1324 and also that Plaintiff has delayed in seeking the amendment. “Trial courts are vested with the discretion to allow a...

Excerpt: ...at Rio Consumnes Correctional Center. On January 7, 2019, this Court granted Defendant's unopposed motion for summary judgment. Final judgment has not yet been entered. Defendant now seeks an order declaring Plaintiff to be a vexatious litigant pursuant to CCP § 391(b)(1) and also seeks a pre‐filing order. The purpose of the vexatious litigant statute is to address the problems created by the "persistent and obsessive litigant" who cau...

Excerpt: ..., the State Compensation Insurance Fund (“SCIF”) for insurance premiums for the period of September 9, 2014 to September 9, 2015 in the amount of $49,666.47. NCCS seeks summary adjudication of the first and second causes of action. Even though these are the only two causes of action in the complaint, NCCS does not move for summary judgment but only summary adjudication. Any party may move for summary judgment in any action or proceeding if th...

Excerpt: ...0.41(a) and that they did not contact Perez to discuss which causes of action they intended to demur to and why any allegations were deficient. Cross‐Defendants submitted a declaration in reply indicating that Ms. Dove talked with Perez's counsel and requested that he dismiss Cross‐Defendants from the crosscomplaint because Ms. Wexler was not involved with the subject conduct, etc. and that the demurrer would be filed. Here, as there were onl...

Excerpt: ...‐OAlO Mortgage Pass‐ Through Certificates, Series 2006‐OAlO (erroneously sued as Bank of New York Mellon fka The Bank of New York as Trustee for the Certificate Holders of the Alternative Loan Trust 2006‐OAlO Mortgage Pass‐ Through Certificates Series 2006‐ OAlO) ("BONY") (collectively referred to herein as "Cross‐Defendants") demurrer to the cross‐complaint filed by cross‐complainant J. Pedro Zarate ("Cross�...

Excerpt: ...RANTED, as set forth below. This case involves allegations regarding childhood sexual abuse that occurred in the Mark Twain Elementary School. Plaintiff and other minor students were sexually abused by Sacramento City Unified School District (the “School District”) employee Joshua Rolando Vasquez (“Vasquez”). Vasquez video recorded his childhood sexual abuse of Plaintiff and other minor students. In essential part, these videos are at the...

Excerpt: ...ntiff's requests for production, set one, numbers 8, 11, 18, 20‐25, 32, 38, 40‐44, 47, 55, 68, 70‐75, 99, 101‐106, 115‐116, and 120. Plaintiff contends Defendant has failed to comply with the Court's order and seeks an order compelling compliance as well as prospective sanctions of $500 a day for every day Defendant fails to comply. Plaintiff argues Defendant has failed to produce any emails in response to the at‐issue discovery reque...

Excerpt: ...al notice of are specified in Evidence Code § 452. The fact that these documents may be publicly available does not make them subject to judicial notice. As noted in Jolley v. Chase Home Finance, LLC (2013) 2013 Cal.App.4th 772, "we know of no 'official Web site' provision for judicial notice in California." (See L.B. Research & Education Foundation v. UCLA Foundation (2005) 130 Cal.App.4th 171, 180, fn. 2.) "Simply because i...

Excerpt: ...il 26, 2017, the Plaintiff filed a Complaint for Financial Elder Abuse, Undue Influence, Unjust Enrichment, Fraud, Deceit, False Promise, Intentional Misrepresentation, Conversion, Negligent Misrepresentation, and Intentional Infliction of Emotional Distress. (Brown Decl., 2). Plaintiff alleges that her son, defendant Darnell Owens, wrongfully took $80,000 that was in a joint account with his name on it and deposited the funds elsewhere even thou...

Excerpt: ...apers but are instead raised for the first time in its reply papers are not properly presented to the trial court. Regency Outdoor Advertisement, Inc. v Carolina Lanes, Inc. (1995) 51 Cal.App.4th 1323, 1333; see St. Mary v. Superior Court (2014) 223 Cal.App.4th 762, 783; Plenger v. Alza Corp. (1992) 11 Cal.App.4th 349, 362 at fn. 8 [trial court should only permit party moving for summary judgment to include "additional . . . matter[s]" in...

Excerpt: ...r to fall on the floor and causing her injuries and damages. On October 10, 2017, Plaintiff filed a complaint against Macy's for general negligence and premises liability. (Ex. A). On December 4, 2018 , Judge Christopher Krueger granted an Order to have Macy's Requests for Admissions deemed admitted. (Ex. E) Consequently, Plaintiff has admitted that she has no evidence to support her cause of actions of general negligence and premises lia...

Excerpt: ...ed. Defendant initially filed an answer On December 17, 2018 with a general denial and raising affirmative defenses but later responded to Plaintiff's requests for admissions on January 26, 2019 and admitted all of the elements of Plaintiff's claim and that she had no defense to the complaint. "(A) deemed admitted order establishes, by judicial fiat, that a nonresponding party has responded to the requests by admitting the truth of all matter...

Excerpt: ...sonably dangerous because it can cause engine failure while the vehicle is in operation at any time and under any driving conditions. (Id. ¶ 16.) Plaintiffs allege that Kia was aware of the Engine Defect in the vehicle prior to the sale, but failed to disclose the material facts at the time of the sale. (Id. ¶ 17.) The Complaint was filed on June 13, 2018. Kia demurs to the third, fourth, fifth and sixth causes of action for violation of Civil ...

Excerpt: ...n (Naproxen) 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.) Plaintiff has previously filed another action in this court alleging a violatio...

Excerpt: ...emental interrogatories (set one) and supplemental request for production of documents (set one) no later than December 10, 2018. No sanctions were awarded. Defendant seeks terminating on the basis that Plaintiff has not provided the Court ordered responses. Here the Court finds that the drastic remedy of terminating sanctions, is not yet warranted at this time. “The sanctions the court may impose are such as are suitable and necessary to enabl...

Excerpt: ...the inspection would be conducted by Califorensics. CDE offered to expand the existing protective order to protect any confidential or privileged material from production. Plaintiff objected to the discovery and refused to allow the inspection. “[A]ny party may obtain discovery regarding any matter, not privileged, that is relevant to the subject matter involved in the pending action.” (CCP § 2017.010.) CDE argues that it has the right to de...