Excerpt: ...g which time he received positive performance evaluations. During his employment with Defendant UC, Plaintiff informed his co‐workers that he suffered from depression, anxiety, ADHD, and Chronic Motor Tic Disorder. Side effects of his disabilities included depression and anxiety, scratching himself, talking, and other nervous physical tics. Plaintiff was accused by misconduct by a patient. After Plaintiff demonstrated to Defendants how his Chro...

Excerpt: ...ule 2.31(C) Plaintiffs Realty Advisors, Inc.(RAI), The Lily Company, a California LLC, and Farmers Cattle Company, Inc. (FCC) filed a First Amended Complaint ("FAC") alleging claims for breach of fiduciary duty, aiding and abetting, Quiet Title to Real Property, Unjust Enrichment, Money Had and Received, and Conversion. Plaintiffs allege that decedent Samuel B. Fong, who was the former trustee of the family trust, raided the three family business...

Excerpt: ...endants, Tahoe Moon Properties, Inc. and Alan Godlove, that the property was inadequately inspected and maintained prior to occupancy, and that as a result, accumulated ice and snow dislodged from the roof of the rental, striking plaintiff on the head and neck. (Complaint, paras. GN‐1 & Prem.L‐1.) Cross‐Complainant Tahoe Moon Properties, the property manager for the owner Godlove, cross‐complained against Plaintiff's wife, Darien Heron, b...

Excerpt: ...luding the power sliding doors, Plaintiffs seek to compel Defendant to provide full and complete responses to certain requests for production (set one). Requests Nos. 1, 2, 4, 6, and 10 relate to the subject vehicle. Requests Nos. 11‐13, and 18‐20 relate to Defendant's investigations and analysis regarding the defects. Requests Nos. 3, 50, 55, 56, 92‐94 and 101‐103 relate to Defendant's compliance with statutory obligations. Defendant int...

Excerpt: ...anager of the visitor clubhouse during the 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 Joseph Metz (“Metz”) and the Arizona Diamondbacks' (“Dbacks”), Plaintiff alleged causes of action for aiding and abetting FEHA violations, violation of...

Excerpt: ... Plaintiff shall be made available for oral argument, by CourtCall, on January 21, 2020 at 2:00 p.m. Defendant shall also be available to participate in oral argument on the continuance date. Defendant Scott Kernan's motion to require Plaintiff Alonzo Joseph to post security in the amount of $6,820 as a vexatious litigant before proceeding with this action is ruled upon as follows. Defendant's request for judicial notice is granted. In his compla...

Excerpt: ..., 2019. No trial date has been set. Plaintiff seeks leave to remove as a defendant the County of Sacramento and Sacramento County Sheriffs' Department pursuant to the Request for Dismissal filed on November 22, 2019 (ROA 206), to clarify general allegations pertaining to Doe defendants, alter ego, and successor liability, to add two new causes of action for fraudulent conveyance and conspiracy based on new facts recently discovered, to make non�...

Excerpt: ... In this action, Plaintiffs allege that the California Department of Corrections and Rehabilitation, Folsom, and the County of Sacramento created a dangerous condition of public property by closing a sidewalk and directing Ms. Hills to walk/pass into the roadway where she was struck by a car driven by defendant Carolyn Vodoklys. Correctional Officer Nader Saca was supervising the CDCR inmate work crew at the time of the incident. This motion to c...

Excerpt: ...d at 7500 Beech Avenue, Orangevale, California 95662. Christine alleges she is the true owner of the property. She alleges her ex‐husband, Michael Sparks (“Michael”) obtained fee simple titled to the property in 2003 and then transferred and assigned all rights in the property to her in 2019. Despite this, Christine alleges Michael and Nicholas served her with a 60‐day notice to vacate or quit. Christine alleges Michael and Nicholas claim...

Excerpt: ...and approve any settlement of any civil action filed pursuant to this part." See Labor Code § 2699(1)(2). As with any settlement, the Court must be mindful in conducting its inquiry that "[s] ettlement is a compromise, which balances the possible recovery against the risks inherent in litigating further." See In re TD Ameritrade Account Holder Litig., 2011 U.S. Dist. LEXIS 103222, 24 (N.D. Cal. Sept. 12, 2011). Indeed, "the very essence of a set...

Excerpt: ...he 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 requests judicial notice of two declarations: the Declaration of Nick Wagner, Custodian of Records for the Department of General Services, Government Claims Program (Exh. A) and the Declaration of Lin...

Excerpt: ...onse to a subpoena for production of documents issued in connection with a separate pending case, Alston v. Dr. Drennan et al., Sacramento County Superior Court Case No. 34‐2018‐00247179. (ROA 1.) Attached to the Complaint as “Exhibit A” is the deposition subpoena for the production of business records served on the Sacramento County Department of Health Services Correctional Health Services Medical Records Unit. (Compl., Exh. A.) The sub...

Excerpt: ...Defendant City of Folsom (“Folsom”) to produce Elaine Andersen and James Francis (collectively, “the Witnesses”) to answer deposition questions, and for sanctions against Defendant City of Folsom and its attorneys in the amount of $4,123.20. The motion is ruled upon as follows. In this action, Plaintiffs allege that the California Department of Corrections and Rehabilitation (“CDCR”), Folsom, and County of Sacramento created a dangero...

Excerpt: ... Towers, Inc.; Gold Country Health Center, Inc.; Mayflower Gardens Health Facilities, Inc.; Stockton Congregational Homes, Inc.; RHF Management, Inc.; and Retirement Housing Foundation (collectively, “Moving Defendants”) move for summary judgment or, in the alternative, summary adjudication of Plaintiffs Gloria Single and California Long Term Care Ombudsman Association (“CLTCOA”)'s third amended complaint (“TAC”). The motion is ruled ...

Excerpt: ...ion. Plaintiff's objection to the Bellizzi Declaration is overruled. An Amended declaration that complies with CCP 2015.5 was filed December 16, 2019, the day before the original hearing date. Defendant's Objection to the Declaration of Jared Walder, plaintiff's counsel, is sustained. Plaintiff's counsel has not provided a foundation for any expertise concerning his analysis of the metadata concerning the Dispute Resolution Agreement. All affidav...

Excerpt: ...urt. However, there is evidence in plaintiff's deposition that also supports the finding of disputed issues of material fact, and is cited, infra. On or about December 19, 2013, Plaintiff financed the Subject Property with a First Lien Loan. As evidence of the first lien mortgage loan. Plaintiff executed a Promissory Note (the "Note"), and concurrently executed a Deed of Trust (the "Deed of Trust") as security for the Note (the Note and Deed of T...

Excerpt: ...ation which states that she provided him with a copy of her First American Policy in connection with obtaining a bid for the policy. (Upshire Declaration page 34) Plaintiffs' First Amended Complaint arises out of the denial by Allstate of a claim for vandalism to plaintiffs' rental property. Plaintiffs contend defendants were negligent for selling them the "Allstate Landlord's Package Policy" ("Policy") that did not include coverage for vandalism...

Excerpt: ...) for allegedly producing mental health records in response to a subpoena for production of documents. Defendant Ms. Wainscott is a Medical Records Technician for the County of Sacramento, and has held this position for ten years. (Decl. Wainscott ¶ 3.) Plaintiff Alston seeks $15,000,000 in this action based upon the County of Sacramento's production of Alston's "mental health" records in response to Ms. Candalla's business records subpoena in t...

Excerpt: ...es that the abuse begin in 2015 and continued through March 2018. The instant motion involves SJUSD's response to Plaintiff's special interrogatory No. 10 which asked SJUSD to provide the identity and contact information for teachers, instructional aides, volunteers, or other assistants that were in the class taught by Beth Finkbeiner (the alleged abuser) during the 2015‐2016, 2016‐2017 and 2017‐2018 school years. SJUSD identified numerous ...

Excerpt: ...o form interrogatories‐construction litigation (set one). Plaintiffs' causes of action against Defendant were ordered dismissed. Plaintiffs now move for relief pursuant to the mandatory provisions of CCP § 473(b) based on their counsel's affidavit of fault. The Court declines Plaintiffs' request to strike Defendant's reply brief filed 3 court days prior to the hearing. While untimely, it attached the subject responses to discovery that have be...

Excerpt: ...e riding a go‐kart in February 2017. Defendant seeks to augment its expert witness list to add four of Plaintiff's treating physicians as non‐retained experts. Defendant asserts that these physicians were originally listed as Plaintiff's experts but were withdrawn by Plaintiff on November 20, 2019 after Defendant noticed their depositions. Defendant argues that it is important to depose these physicians because it learned that Plaintiff under...

Excerpt: ...greement (“APA”) with Defendant in April 2014. Plaintiff alleges that Defendant breached the APA and committed fraud by providing materially false financial information and financial statements regarding the operations of the business that was the subject of the agreement. Plaintiff also alleges that Defendant committed fraud in connection with a September 2014 Consulting Agreement when its owner Jacqueline Drum misrepresented the number of h...

Excerpt: ...ant Fish & Wildlife; (2) trespass against the Conservancy; (3) private nuisance against the Conservancy; and (4) premises liability against the Conservancy. The complaint alleges the following. The Conservancy is a charitable environmental organization whose mission is to conserve the lands and waters on which all life depends. In 2014, the Conservancy constructed the Lower Consumnes River Floodplain Restoration Project (the "Project"), restoring...

Excerpt: ...icipate in any oral argument on the continuance date. Defendant Jennifer Shaffer's demurrer to self‐represented Plaintiff Reginald Wheeler's First Amended Complaint (FAC) is sustained. The Court notes that Plaintiff's Opposition was not timely filed and served pursuant to Code of Civil Procedure section 1005(b). The Court, however, exercises its inherent and authority and discretion and has considered the Opposition, particularly in light of De...

Excerpt: ... she invested a substantial part of her retirement savings with defendant Kevin Terry (“Mr. Terry”) and his LLCs. She alleges that she did not receive any of her investment back and that Mr. Terry drained the money and assets of the LLCs by paying himself, co‐defendant Karan Terry (“Ms. Terry”), and his related entities. Plaintiff filed a First Amended Complaint (“FAC”) on July 1, 2019, which added causes of action for violations of...

Excerpt: ...mit without advance court permission. In opposition to Defendant's first demurrer Plaintiff filed a 36 page opposition without advance court permission. (CRC 3.1113(d).) Despite this, the Court considered the opposition in ruling on the demurrer. Plaintiff's counsel has for a second time failed to comply with CRC 3.1113(d). Despite this, the Court in its discretion has considered the entire opposition in ruling on this demurrer. The Court caution...

Excerpt: ...ng on October 24, 2019, in Department S302 of the Riverside County Superior Court. Defendant argues Plaintiff has now submitted an untimely request for judicial notice and declaration. The Court disagrees that the submission is improper. Plaintiff's request for judicial notice simply asks the Court to take judicial notice of the declaration he previously submitted in connection with the previous October 24, 2019, Riverside County Superior Court h...

Excerpt: ...nd Quest related to an IT Infrastructure Managed Services Enterprise Services Agreement (the "Agreement"). Quest alleges that after AR terminated the Agreement in October 2016, AR wrongfully retained possession of certain equipment. AR contends the parties' agreement allowed AR to retain possession of the equipment. Quest alleges numerous causes of action against AR for conversion and breach of contract, among others. AR filed a crosscomplaint ag...

Excerpt: ...f the real property involved in this partition action. The current tenant who owns 50% of the property remains on the property and is not cooperating with the receiver's attempts to sell the house. Paragraph 9 of the Court Order appointing the receiver provides that: "9. The Referee shall have the authority to enter the Property upon providing proper notice to the occupants and to evict any tenant or occupant of the Property in order to facilitat...

Excerpt: ...ument, by CourtCall, on January 21, 2020 at 2:00 p.m. Defendant shall also be available to participate in oral argument on the continuance date. Defendant Scott Kernan's motion to require Plaintiff Alonzo Joseph to post security in the amount of $6,820 as a vexatious litigant before proceeding with this action is ruled upon as follows. Defendant's request for judicial notice is granted. In his complaint, Plaintiff alleges that in 2005 he was a 29...

Excerpt: ...ice of motion does not provide notice of the Court's tentative ruling system as required by Local Rule 1.06(D). Moving defendant's counsel is ordered to notify Plaintiff immediately of the tentative ruling system and to be available at the hearing, in person or by telephone, in the event Plaintiff appears without following the procedures set forth in Local Rule 1.06(B). This action arises from the employment and subsequent termination of Plaintif...

Excerpt: ...version, private nuisance and interference with contract. The action arises from an alleged agricultural joint venture doing business as W.U.R.M. Assets, LLC, between Plaintiff Umashankar and Defendant Brian Radoo, Defendant Bobby Mohamed, and Scott Wallace. It is alleged that on May 10, 2018, that Defendants came to the property and began screaming, cursing and threatening them, locked up their dogs, brandished a gun and indicated that more guns...

Excerpt: ... 3.1113(d). Again, Defendants did not obtain an order from the Court allowing them to file such an oversized opposition memorandum. This is true despite the fact that the Court's previous ruling on the demurrer to the FAC cautioned Defendants that their failures to comply with the CRC could lead to the Court declining to consider their papers, or the entirety therof. The Court reluctantly considered the entirety of Defendants' memorandum, but may...

Excerpt: ...in, Defendants did not obtain an order from the Court allowing them to file such an oversized opposition memorandum. This is true despite the fact that the Court's previous ruling on the demurrer to the FAC cautioned Defendants that their failures to comply with the CRC could lead to the Court declining to consider their papers, or the entirety thereof. The Court reluctantly considered the entirety of Defendants' memorandum, but may not do so in ...

Excerpt: ... proposed new tentative ruling and will set this matter for hearing on January 8, 2020 and will allow further briefing by the parties on the proposed new tentative ruling. After the tentative ruling posted, the Court received [late‐filed] Plaintiff's Second Request for Judicial Notice which contained the California Supreme Court website docket listing for the matter of Ferra v. Loews Hollywood Hotel, No. S259172, indicating that a Petition for ...

Excerpt: ...on to compel Defendant to provide full and complete responses to certain requests for production (set one) and produce responsive documents corresponding to those requests. Requests nos. 17 and 20‐25 relate to Defendant's investigations and analysis regarding the defects. Requests 7, 50 ‐52, and 65 relate to Defendant's warranty and repurchase policies. The Court's Order of 8/9/19 expressly overruled Defendant's objections to the requests for...

Excerpt: .../or Crossroads Facility Services (collectively “Crossroads”). He claims that Crossroads reduced his hours and then terminated him because of his religion (Christian) and/or because he complained of discrimination. His complaint contains three causes of action: (1) religious discrimination in violation of the Fair Employment and Housing Act (“FEHA”); (2) retaliation in violation of FEHA; and (3) wrongful termination. Crossroads has now mov...

Excerpt: ...18. No other extrinsic evidence can be considered. Ion Equipment Corp v Nelson (1980) 110 Cal.App.3d 868, 881. Therefore, the Court does not consider extrinsic evidence in ruling on whether a pleading is sufficient on its face. The Plaintiff filed a 36 page opposition on August 26. No opening or responding memorandum may exceed 15 pages, without advance court permission. CRC 3.1113 (d). No permission to exceed page limitations was sought or obtai...

Excerpt: ...tiary objections are sustained for the reasons stated therein. Plaintiff notes that the motion was not timely served (16 court days plus four calendar days instead of five calendar days) however plaintiff has responded on the merits and the court will rule on the merits of the motion despite its untimeliness. See, e.g. Carlton v. Quint (2000) 77 Cal.App.4th 690, 696‐698; Cowan v. Krayzman (2011) 196 Cal. App. 4th 907, 918. This action arises fr...

Excerpt: ...r the death of Erica Hann under the theory of respondeat superior because its employee, defendant Rumberger, was acting in the course and scope of employment at the time of the fatal accident. In this wrongful death action Tyler Rumberger fatally injured Erica Hann at approximately 11:44 a.m. on April 24, 2018. Rumberger was driving has 2017 Ford F150 pick‐up truck and hit Hann as she was crossing Grasslands Drive within the north cross‐walk ...

Excerpt: ...that Jade Nicole is a registered process server. The summons given to Mr. Hardiman was left completely blank. That is, in section 1 of the summons, there was no indication in the notice to person served as to whether the service was made to an individual defendant or on behalf of another party. Further, there is no indication as to the manner of delivery. Subsequently, on or about May 2, 2019, Jade handed an identical set of papers to Greg Voetsc...

Excerpt: ...CA”) based upon allegations that defendants Kaiser Foundation Health Plan, Inc. (“Kaiser”) and KP Cal were over billing Medi‐Cal by millions of dollars per month. Specifically, Plaintiff alleges Defendants were collecting monthly insurance premiums from Medi‐Cal for patients who Defendants were already receiving monthly insurance premiums for, from another source. Plaintiff has also alleged personal claims for breach of contract, breach...

Excerpt: ...aina Mensah‐Paul alleged causes of action against Defendants Calfox, Inc., et al. for negligence and premises liability in connections with injuries she sustained when she allegedly tripped and fell on a curb in Defendants' parking lot. The Court issued a tentative ruling granting Defendants' motion for summary judgment. Plaintiff did not file a written opposition to the motion. However, she appeared at the May 30, 2019 hearing and the Court to...

Excerpt: ...ion arguing insufficient notice of the motion was provided, but this argument was not raised in the memorandum in opposition and Cross‐Complainant provided a substantive opposition, thereby demonstrating no prejudice has been suffered due to any defective service. Therefore, the Court need not drop this motion for defective service. The Court also notes Cross‐Complainant miscalculated the opposition's due date as August 26, 2019. Nine Cou...

Excerpt: ... against a number of her properties in order to fund his cannabis business. Plaintiff alleges that various hard money lenders, financial institutions, escrow/title companies, and mobile notary services are liable for various causes of action with respect to the financial transactions. Nott is one of the mobile notary defendants. Plaintiff filed the SAC on June 18, 2019, alleging the following ten causes of action: (1) declaratory relief; (2) canc...

Excerpt: ...s not provide notice of the Court's tentative ruling system as required by with C.R.C., Rule 3.1308 and Local Rule 1.06(D). Local Rules for the Sacramento Superior Court are available on the Court's website. Counsel for moving party is ordered to notify opposing party immediately of the tentative ruling system and to be available at the hearing, in person or by telephone, in the event opposing party appears without following the procedure...

Excerpt: ...hich provides that a bank may only charge against a customer's account an item that “is properly payable from that account” meaning that it is “authorized by the customer and is in accordance with any agreement between the customer and the bank.” (Comm. Code § 4401(a).) Plaintiff alleged that Umpqua charged its account in the amount of $154,811.28 based on a check written to and signed by Corrine Rankin, who it alleged was not authorized...

Excerpt: ... failed to provide him commissions on certain jobs, and failed to provide him information to verify GCCR's commission totals. At issue on this motion are GCCR's responses to Plaintiff's request for production Nos. 7‐14 and 20 which relate payments to certain parties and scopes of work and other documents related to the calculation of Plaintiff's commissions. GCCR interposed the identical objection to requests 7‐14: “Objection. This request ...

Excerpt: ...f good faith and fair dealing, 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. Trial was set for September 16, 2019, but the Presiding Ju...

Excerpt: ...able complaint under the California False Claims Act (“CFCA”). “The court shall limit the scope of discovery if it determines that the burden, expense or intrusiveness of that discovery clearly outweighs the likelihood that the information sought will lead to the discovery of admissible evidence. The court may make this determination pursuant to a motion for protective order by a party or other affected person.” (CCP § 2017.020(a).) “[...