Excerpt: ...1. Defendant seeks to compel contractual arbitration in accordance with the Synchrony Bank/Walmart Credit Card Agreement. When presented with a petition to compel arbitration, the initial issue before the court is whether an agreement has been formed. (American Express Co. v. Italian Colors Restaurant (2013) 570 U.S. 228, 233 [133 S.Ct.2304, 2306, 186 L.Ed.2d 417] [arbitration is a matter of contract]; Pinnacle Museum Tower Assn. v. Pinnacle Mark...

Excerpt: ...ets' Motion to Amend Minute Order issued on August 20, 2019 to correct clerical error is ruled on as follows: On August 20, 2019 the Court issued a minute order awarding plaintiff $11,305 in attorneys fees. No request for oral argument had been made. The order became final. Moving party filed this motion within 10 days, contending that there was a clerical error in the math calculation to reach the amount of attorneys fees awarded. Vorobets s...

Excerpt: ...39;s Motion for Summary Judgment is denied. Defendant Candalla's Evidentiary Objections to the late filed reply evidence are granted. Plaintiff seeks summary judgment against defendant Maria Candalla. In this action self‐represented Plaintiff alleges causes of action for professional negligence/medical malpractice and for violation of the Bane Act stemming from care he received while in the custody of the Sacramento County Sheriff's Dep...

Excerpt: ...Keven Terry and Karan Terry's Motion to Strike portions of the First Amended Complaint is granted as follows: The matter was continued to this date to allow the filing of a compliant meet and confer declaration that meets the requirements of CCP 430.41. The declaration filed by Nicholas Lazzarini meets those requirements. A motion to strike is appropriate to strike out any irrelevant, false or improper matter asserted in any pleading and the ...

Excerpt: ...licy Regarding Availability and Unavailability of Official Court Reporters. Additional information regarding this policy can be found on the Court's website at www.saccourt.ca.gov This matter was continued to this date from September 12, 2019. The parties were directed to meet and confer on a possible protocol for inspection of plaintiff's smart phones and computers. The Joint Statement filed September 20, 2019 states that the parties have be...

Excerpt: ...efendant Becky Sunahara's Motion to Set Aside Default and Quash Service of Summons is denied. This matter was continued from September 4, 2019 after oral argument for further briefing. Plaintiff's supplemental opposition presents evidence that defendant responded to his May 2012 emails about the legal fees she owed him in excess of $12,000, therefore showing she was aware of the sums due for his legal services. Defendant told plaintiff sh...

Excerpt: .... Additional information regarding this policy can be found on the Court's website at www.saccourt.ca.gov. Plaintiff Richard Smigelski's (“Plaintiff”) motion for an order requiring Defendants to send a corrective notice pursuant to this Court's March 11, 2016, and April 22, 2016 Orders is ruled upon as follows. Factual and Procedural Background Plaintiff filed this instant action on November 17, 2015. Originally, Plaintiff only asserted a sin...

Excerpt: ...iff Northern California Collective Service, Inc.'s (“Plaintiff”) motion to compel defendant the Shutter Source USA, Inc. (“Defendant”) to serve further responses to Plaintiff's request for production, set two, numbers 8, 13, 15, 17, and 18 is ruled upon as follows. Plaintiff is the assignee for collection for State Compensation Insurance Fund. Plaintiff's collection complaint, filed March 7, 2018, alleges two common counts for an open...

Excerpt: ...row, LLC, Mitchell Lopez and David Siegl's (collectively “Kong Grow”) motion for determination of good faith settlement is granted. The parties' requests for judicial notice are granted. Plaintiffs California Gown, Green Wave Farm, and Green Wave, Inc. filed their complaint against Kong Grow and non‐moving Defendant Lopez AG Service, Inc., Jeremy Olen, Alfred Lopez, and Alfred Lopez, Jr. Plaintiffs allege causes of action for negligence, ne...

Excerpt: ...lan Gruenefeldt's unopposed demurrer to Plaintiff Casey Woodbury's third amended complaint is sustained without leave to amend. Plaintiff alleges two causes of action against Defendant for patient abandonment and NIED arising from connection with the treatment and care of his mother Helen Woodbury in April 2016. On June 3, 2019, the Court sustained Defendant's demurrer to these causes of action with leave to amend for failure to state facts suffi...

Excerpt: ...laintiff Eli Aramouni's “motion for decree of involuntary dissolution of corporation [Corp. Code §1800] and appointment of receiver for winding up and liquidating corporate assets [Corp. Code §1803]” is denied, without prejudice as set forth below. Plaintiff's request for judicial notice is granted. In this action, Plaintiff filed his verified complaint against Defendant 1st Choice DVBE, Inc. (“1st Choice”) seeking involuntary dissoluti...

Excerpt: ...rget Corporation and Chris Nezbeth's motion for summary judgment, or in the alternative, summary adjudication, is ruled upon as follows. In this slip and fall action, Plaintiff Brandie Daniel alleges a cause of action for premises liability against Defendants. Plaintiff alleges that she was injured when she slipped and fell on a “wet substance” during an April 8, 2017 visit to a Target store on Fulton Avenue. Any party may move for summary ju...

Excerpt: ...at www.saccourt.ca.gov. Defendants Walter Dahl and Dahl Law's motion to strike portions of Plaintiffs Emily and Clinton Walker's first amended complaint (“FAC”) is ruled upon as follows. The parties' requests for judicial notice are granted. In this legal malpractice action Plaintiffs allege causes of action for professional negligence, breach of fiduciary duty and breach of contract against Defendants. Plaintiffs allege that Defendants repre...

Excerpt: ...andez and Santos Ruiz's unopposed petition to compel is granted. Petitioners purchased a used car from Pars Auto Wholesale, Inc. pursuant to a Retail Installment Sales Agreement (“RISC”) which was later assigned to Westlake Services, LLC. The RISC contains an arbitration provision requiring arbitration of any claim or dispute related to the vehicle and/or the RISC. Petitioners are permitted to select AAA or any other arbitration organization ...

Excerpt: ...icial Court Reporters. Additional information regarding this policy can be found on the Court's website at www.saccourt.ca.gov On May 20, 2019, the Court entered an order granting preliminary approval of class action settlement, thereby preliminarily approving the terms of the settlement. By this motion, Plaintiff now seeks final approval of the settlement. This is a wage and hour action brought by Plaintiff on behalf of a class of approximately ...

Excerpt: ...l not be available in Departments 53 and 54, with exceptions listed in the Court's Policy Regarding Availability and Unavailability of Official Court Reporters. Additional information regarding this policy can be found on the Court's website at www.saccourt.ca.gov Since both motions are brought on the same grounds and plaintiff has filed a joint opposition to the motions, the Court issues one ruling for both motions. Evidentiary Objections Garvey...

Excerpt: ...ive September 23, 2019, official court reporters will not be available in Departments 53 and 54, with exceptions listed in the Court's Policy Regarding Availability and Unavailability of Official Court Reporters. Additional information regarding this policy can be found on the Court's website at www.saccourt.ca.gov In the Complaint, Plaintiff alleges causes of action for breach of contract and foreclosure of security interest against Defendant Cr...

Excerpt: ...s (“Plaintiff”) motion for preliminary injunction is DENIED. This action concerns commercial real property located at 8633 Antelope North Road, Antelope, California 95843. Plaintiff alleges he is the owner of the property. Plaintiff alleges the property was sold to him by defendant Michael Urbancic pursuant to a Settlement Agreement the parties reached in a separate litigation matter (Case No. 34‐ 2010‐0087710). Plaintiff alleges that und...

Excerpt: ...Wittman Enterprises, LLC's (“Defendant”) demurrer to plaintiffs Nakita Clark and Dawn Stephenson's (collectively, “Plaintiffs”) Second Amended Complaint (“SAC”) is ruled upon as follows. Plaintiff has filed this wage and hour putative class action on behalf of “[a]ll current and former hourly‐paid or non‐exempt employees who worked for any of the Defendants within the state of California at any time during the period from March ...

Excerpt: ...tiff”) motion to quash the subpoenas issued to Dignity Health Medical Foundation and CVS Pharmacy for Plaintiff's medical and pharmacy records is GRANTED. Defendants' request for judicial notice is granted. This is an employment action in which Plaintiff alleges causes of action for Retaliation for Disclosure of Information to a Government or Law Enforcement Agency and Disability Discrimination against Dignity Health Foundation, Dignity Health ...

Excerpt: ...ion to quash the subpoena issued to the Department of Motor Vehicles (“DMV”) by defendant California Department of Corrections and Rehabilitation (“CDCR” or “Defendant”) is ruled upon as follows. The operative Fourth Amended Complaint alleges a single claim for retaliation in violation of FEHA. Plaintiff generally alleges CDCR retaliated against her and refused to return her to work in retaliation for her 1999 sexual harassment and di...

Excerpt: ...t Century Insurance Company's (“Cross‐Defendant” or “21st”) demurrer to cross‐complainant Richard E. Lehrfeld's (“Cross‐Complainant” or “Lehrfeld”) Cross‐Complaint is ruled upon as follows. Cross‐Defendant's request for judicial notice of documents in the Court's records is granted. Cross‐Complainant filed the Cross‐Complaint on February 8, 2017, alleging causes of action for intentional misrepresentation, negligent ...

Excerpt: ...fs Adam J. Harmoning, Araz Parseghian, and Darlene Dravis' (collectively, “Plaintiffs”) motion for preliminary approval of class action settlement is UNOPPOSED and is GRANTED. On June 12, 2018, Plaintiff Araz Parseghian filed a class action complaint against Defendant HomeStreet Bank (“Defendant”) in the Superior Court for the State of California, County of Alameda, entitled Araz Parseghian, individually, and on behalf of other members of...

Excerpt: ...ch of contract, breach of fiduciary duty, deceit, rescission, unjust enrichment, quiet title, declaratory relief, and specific performance. This dispute arises from the operating agreement of Aurora entered into between Plaintiff and Guttridge in 1998. Plaintiff was a 49% investor member of Aurora. Guttridge was the Managing Member holding 51% of Aurora. Aurora's sole material asset was approximately 900 acres of real property near the City of Ga...

Excerpt: ...leges causes of action for breach of contract and promissory estoppel based on allegations that he was denied a request for a lateral transfer. Plaintiff alleges that he applied for a special agent position in February 2015. (FAC ¶ 8.) He alleges that a senior special agent informed him that while he met the educational requirements he lacked the two years' experience with the primary responsibility for performing investigations at the Correctio...

Excerpt: ...ction. CCP § 430.10(e);Rakestraw v. California Physicians' Service(2000) 81 Cal.App.4th 39, 42‐43. In reviewing a general demurrer, the facts pleaded are assumed to be true and the only issue is whether they are legally sufficient to state a cause of action.Rope v. Auto‐Chlor System of Wash., Inc.(2013) 220 Cal.App.4th635. The ability of plaintiff to prove them is not in issue.” ( Diamond Multimedia Systems, Inc. v. Superior Court(1999...

Excerpt: ... as amatter of law." (Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 850 ), fn. omitted.) A triable issue of material fact exists "if, and only if, the evidence would allow a reasonable trier of fact to find the underlying fact in favor of the party opposing the motion in accordance with the applicable standard of proof." (Ibid., fn. omitted.) Defendants bear "the burden of persuasion that 'one or more elements of...

Excerpt: ...�husband using her name and that he was ordered to pay the loan pursuant to their marital settlement decree. At the outset, while Defendant makes 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 ...

Excerpt: ...have filed identical Amended Answers, therefore the court is addressing them in one ruling. Plaintiff has filed demurrers to the 2nd ‐ 11tth and the 13th Affirmative defenses alleged in the Amended Answer. Plaintiffs contend that the Answers fail to state facts to sufficient to constitute an affirmative defense, and that the affirmative defenses are uncertain. C.C.P., sec. 430.20 (a) provides for a demurrer to an Answer, where “The answer doe...

Excerpt: ...ring on August 28, 2019. At the hearing, Plaintiff's counsel sought to introduce evidence and argument that was not presented in the moving papers. Specifically, Plaintiff sought to introduce into evidence form CMS‐2567 (the federal form from the Centers for Medicare and Medicaid Services). Plaintiff argued form CMS‐2567 proved certain statements made in the declarations of Susan Gilpatrick and Heather Foster were false in that it shows the u...

Excerpt: ...lder abuse case, Plaintiff alleges the following two causes of action: (1) violation of the Elder Abuse Act; and (2) negligent hiring and supervision. Plaintiff filed this action on June 22, 2018. Defendants filed their Answer on September 14, 2018, wherein they asserted twenty affirmative defenses. (ROA 40.) Plaintiff seeks adjudication of nine of Defendants' affirmative defenses on the grounds that Eskaton failed to identify a single fact, witn...

Excerpt: ...elopment Co., Inc. v. County of Alameda (2015) 242 Cal.App.4th 760, 765.) In determining whether a plaintiff properly stated a claim for relief, the Court shall treat the demurrer as admitting all material facts properly pleaded, but not contentions, deductions, or conclusions of fact or law. In this putative wage and hour class action, Plaintiffs allege numerous causes of action premised on Labor Code violations. The second cause of action is fo...

Excerpt: ... Plaintiff's answer to Samra's Cross‐ Complaint is granted. Samra's objections to the Declaration of Corey Travis, number 1 is sustained. The remaining objections are overruled. Plaintiff's objections to the Declaration of Gurdip Samra and to the Declaration of Tommy Ponder are overruled. This action arises from a purchase and sale agreement regarding property to be used to legally distribute cannabis. The dispute arose after Samra cancelled th...

Excerpt: ...on is titled as one to withdraw Shade's "requests for admissions," the Court is unaware of any procedure by which Diede could move to withdraw discovery served by Shade. Diede may only move to withdraw its admissions to Shade's requests for admissions. Indeed, despite the misleading title of the motion, the substance of the moving papers appear to properly seek to withdraw only Diede's admissions, not the actual requests thems...

Excerpt: ...s. This legal malpractice action arises from Defendants' alleged mishandling of Plaintiff's personal injury suit, and the settlement Defendants' negotiated on her behalf. The underlying personal injury action arose from a fall that occurred on June 15, 2001. Plaintiff, then 19‐months old, fell from the second story landing in her mother's apartment building. Plaintiff is currently 18 years old. Plaintiff's mother, Elisabeth Boutte, retained Def...

Excerpt: ... immediately. No formal order pursuant to CRC rule 3.1312 or other notice is required. Item 4 2018‐ 00233339‐CU‐NP Pamela J. Palmieri vs. Stephen Foondos Nature of Proceeding: Filed By: Hearing on Demurrer to First Amended Complaint Sargetis, John Defendants Stephen Foondos, John Sargentis and United Law Center's demurrer to Plaintiff Pamela Palmieri and Kayrinka Gilliland's first amended complaint (“FAC”) is sustained with leave to ame...

Excerpt: ...‐2018‐ 00245075 alleging individual and derivative causes of action against Ming Le. OSI and Ming Le filed their complaint against Kenny Le in case no. 34‐2018‐ 00246072. The cases were consolidated on June 11, 2019, and Kenny's action was designated as the lead case. Prior to the matters being consolidated, OSI and Ming Le prevailed on their motion for preliminary injunction which was granted by Judge Krueger in January 2019. By virtue o...

Excerpt: ...ent, IIED, trespass to chattel, conversion, private nuisance and interference with contract. The FAC 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 ...

Excerpt: ...ton 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. The FAC 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. Plaintiffs seek t...

Excerpt: ...erred to the settlement nor attached the settlement agreement in which the parties agreed that the Court would retain jurisdiction over the case. Generally, when there is a voluntary dismissal of the entire action, the court's jurisdiction terminates. See, Casa de Valley View Owner's Assn. v. Stevenson (1985) 167 Cal.App.3d 1182, 1192. Indeed, dismissal affects the court's ability to retain subject matter jurisdiction. Once a party ha...

Excerpt: ...ffe, Scott E. Defendant's Motion to File a Cross‐Complaint is unopposed and is granted. On June 8, 2018, defendant filed his Answer to the Complaint involving alleging a breach of a commercial lease. Defendant determined after conducting discovery and reviewing discovery that he has a claim against the plaintiff involving the same lease. Defendant wishes to file a compulsory cross‐complaint against the plaintiff. As noted in 5 Witkin Cal....

Excerpt: ... 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).) The grounds for the motion shall appear on the face of the challenged pleading or from any matter of which the court is required to take judicial notice (CCP. § 438 (d) ). The Court properly takes judicial notice of the fact that defendant has...

Excerpt: ...ous disposition and possessed dangerous propensities in that the aforementioned dog had bitten, attacked, and/or injured other individuals, including but not limited to attacking/biting an individual in the one week prior to the incident, which JOSEPH had knowledge of. JOSEPH'S placement and exposure of the aforementioned dog around children and/or the public with knowledge of the prior attack(s)/bite(s) was outrageous, willful, malicious des...

Excerpt: ...asons unknown, this Department did not receive Plaintiff's opposition to the demurrer or Defendants' reply thereto prior to the publication of the Tentative Ruling, both of which were timely filed. Desiring to consider the matter with the benefit of full briefing from all Parties, the Court vacated the tentative ruling and continued the matter to today's date. Plaintiff filed his Complaint on or about May 23, 2019,in propria personaal...

Excerpt: ...h, and based on the purported lack of authorization, seeks indemnity and breach of fiduciary duty from Franklin. Defendant Franklin contends that he has already been determined to be plaintiff's agent, in a related action brought by the third party, Lonich, against Blakefield. Blakefield, as the alleged principal, alleges causes of action for Equitable Indemnity, Breach of Fiduciary Duty, and Tort of Another against Franklin, the his agent. I...

Excerpt: ...t to invalidate the automatic 30‐day extension Defendants' obtained pursuant to CCP § 430.41(a)(2) and then affirm the defaults entered as to defendants Tanya Escay and Robert Rominski and issue an order that Plaintiffs “be allowed” to request entry of default on defendants Alan Feng, Louis Small, and Bobbie Delaney. In short, Plaintiffs “motion” is not a proper motion. Plaintiffs have not cited to any legal authority supporting the ba...

Excerpt: ...de her default entered July 10, 2014 and default judgment entered on April 23, 2015 pursuant to CCP 473.5 (no actual notice), 473(d), and the Court's inherent power to set aside a void judgment. She also moves to quash service of summons due to lack of jurisdiction under and CCP 418.10(a)(1). The proof of service of the registered process server states that defendant was personally served on May 8, 2014 at 140 Glenwood Cir., Roseville, CA 956...

Excerpt: ... causes of action: (1) FEHA age discrimination; (2) FEHA harassment; and (3) FEHA retaliation. Defendants demur to each cause of action on the grounds they fail to state facts sufficient to state a cause of action. Defendants also move to strike Plaintiff's claim for punitive damages. Defendants filed a single “demurrer and motion to strike” rather than a separate demurrer and a separate motion to strike. Accordingly, the Court addresses both...

Excerpt: ...in the SAC and attached thereto. In this PAGA action, Plaintiffs (product demonstrators at Costco Warehouses) contend defendants Club Demonstration Services, Inc. (“CDS”) and WDS failed to provide suitable seating at their workstations in violation of California law. On July 12, 2019, this Court granted WDS' motion for judgment on the pleadings on the ground plaintiff Christen Bare untimely exhausted and filed her PAGA claim and the First Ame...

Excerpt: ...e driver of one vehicle with Ms. Hurtado as his front seat passenger. Defendant Moreno was the driver of the other vehicle with his brother and two friends as passengers. Defendant attempted to make a U‐turn from the number two lane when his vehicle came into contact with Plaintiffs' vehicle, which was in the number one lane. On January 4, 2019, the February 11, 2019, trial date was vacated. The Court ordered that pursuant to the parties' stipu...