Excerpt: ...of September 13, there is still no opposition in the court file/CCMS. According to the Complaint, plaintiff is represented by Sacramento counsel and therefore it is unclear why the Opposition was not filed with the Court. The Court is therefore ruling on the demurrer and motion to strike as unopposed. On February 10, 2018, Plaintiff Nichole McGarey executed a rental agreement with 1st American to rent a self‐storage unit at 2928 Scotland Drive,...

Excerpt: ...lesteros is ruled on as follows. The Court shall address all demurrers in one ruling as the parties have each submitted only one points and authorities. Defendants have each filed Answers containing affirmative defenses. Plaintiffs contend generally that each of the affirmative defenses either fails to state facts sufficient to constitute an affirmative defense, that they are uncertain, or that they are not in fact affirmative defenses. Plaintiff...

Excerpt: ...t of KFH's name when she filed her complaint. This action arises out of Plaintiff's employment at a Kaiser Permanente facility in Folsom, California. Plaintiff filed the Complaint in this action on December 6, 2016, against the Permanente Medical Group and Does 1‐50. (ROA 1.) Plaintiff's complaint alleges claims for fraud, negligent misrepresentation, disability discrimination, wrongful termination, failure to reasonably accommodate, and IIED, ...

Excerpt: ...rt thereof, the court, upon motion, may enter judgment pursuant to the terms of the settlement. If requested by the parties, the court may retain jurisdiction over the parties to enforce the settlement until performance in full of the terms of the settlement.” Thus, CCP § 664.6 allows the Court upon motion to enter judgment pursuant to the terms of a settlement where the parties stipulated to the settlement. The Court's inquiry in ruling o...

Excerpt: ...on arising from a July 24, 2015, motor vehicle accident, Plaintiff propounded their second set of requests for production of documents, which included requests 69 and 70. These two requests asked Defendant for all documents relating to any video surveillance, including any sub rosa surveillance, taken of Plaintiffs at any time since July 24, 2015. Defendants objected on the ground of attorney‐client privilege and work product doctrine. Plaintif...

Excerpt: ...this personal injury action, Plaintiff was repairing Defendant's vehicle (a large truck with a trailer used for transporting cars). While Plaintiff was under the trailer, Defendant started the truck and almost ran Plaintiff over. The facts relevant to this motion are as follows. On March 29, 2019, Plaintiff's counsel sent an email to defense counsel requesting deposition dates for Defendant's employees (Ion Sirbu and Ejaz Ahmad) and Defendant's P...

Excerpt: ...wer is granted. The Court does not rule on Plaintiff's evidentiary objections filed in support of his opposition since they concern evidence deemed immaterial to decision on the motion. (Code Civ. Proc., § 437c, subd. (q).) Plaintiff filed his form complaint on October 12, 2018, alleging a single cause of action for premises liability. (ROA 1.) Plaintiff alleges he was “injured by a dangerous condition of public property of which defendants ha...

Excerpt: ...aintiff and BEG entered into an Amended and Restated Loan and Security Agreement with regard to the 2007 loan of $125,000. On June 22, 2017, Plaintiff demanded payment of the outstanding indebtedness. Defendants failed to pay and Plaintiff filed a complaint on December 11, 2017, alleging a single cause of action for damages pursuant to the California Uniform Commercial Code. A First Amended Complaint was filed on March 20, 2018. Defendants demurr...

Excerpt: ...opposition consists of a request for judicial notice and declarations from himself, his son Robert Gonzalez and his current counsel. Plaintiff's request for judicial notice is granted. According to Defendant, he was never served with the summons and complaint. Defendant formerly represented Plaintiff Daniel Gonzalez in Gonzalez v. Peters, Sacramento Superior Court case number 34‐2011‐ 00105722 ("Peters"). Defendant was aware that ...

Excerpt: ...al. App.3rd 1117, 1138.) Newberg on Class Actions (4th Ed.), the most authoritative treatise on class actions, discusses the process for approving the settlement of a class action. At § 11.24, “Procedure for Submitting Class Settlement for Approval,” Newberg describes the review at the preliminary stage as the submission by the parties of the essential terms of the agreement for informal review of the settlement papers by the Court. In revie...

Excerpt: ...fect is not material because the defendant has opposed the motion without raising this defect and has not been prejudiced. In sustaining the demurrer to the 2nd amended complaint, the Court ruled: "Plaintiff may file a 3rd Amended Complaint on or before July 24, 2019." (See Minute Order July 12, 2019.) On August 9, 2019, plaintiff filed this motion seeking additional time in which to file the 3rd Amended Complaint. Plaintiff's motion ...

Excerpt: ...icy, and defamation. Sutter terminated plaintiff's employment, contending he had stolen supplies from the hospital. Plaintiff contends that Sutter's evidence to support the theft was based on "whistleblower" statements made by plaintiff's estranged former spouse who invited Sutter investigators into her house where miscellaneous items from Sutter were found, the total value of which was about $100. It appears plaintiff no long...

Excerpt: ...nd harassed her due to her age. She alleges that EDD retaliated against her for complaining about age harassment. (FAC ¶¶ 8 ‐ 11, 13, 20) . EDD contends that plaintiff wilfully and intentionally spoliated evidence relevant to this case. Specifically, plaintiff deleted numerous text messages that she exchanged with multiple witnesses from her phone after being served with a Request for Production seeking said text messages, and after agreeing ...

Excerpt: ... DNA evidence from the "county crime lab" was not properly returned in connection with Neely's criminal case, and further speculates that said evidence "could potentially exonerate him." (Complaint, ¶¶ 2, 8; p. 4(11).) Neely alleges that in reviewing records in his post‐conviction matter, he discovered the purported mishandling of evidence, presumably along with discovering Defendant's name, on June 30, 2017. (Compl., ...

Excerpt: ...#39;s employment with the DBO. On or about February 20, 2019, Plaintiff, an employee of the DBO, filed the instant lawsuit against his employer and his coworker, Geraldine Young ("Young"), alleging the following causes of action: (1) religious discrimination; (2) national origin/ancestry discrimination; (3) disability discrimination (failure to engage in the interactive process); (4) disability discrimination (failure to provide reasonabl...

Excerpt: ...ecl. ¶ 25.) By this motion, Plaintiff seeks attorneys' fees in the amount of $81,668.24 and also requests a “lodestar” enhancement of .5 in the amount of $40,834.13, for a total fee award of $122,502.38. Plaintiff also seeks costs and expenses in the amount of $24,449.33. Altogether, the total amount of attorneys' fees, costs, and expenses being sought is $146,951.71. Prevailing Party Civil Code § 1794(d) provides that a prevailing buyer is...

Excerpt: ...ent of the case, or part thereof, the court, upon motion, may enter judgment pursuant to the terms of the settlement. If requested by the parties, the court may retain jurisdiction over the parties to enforce the settlement until performance in full of the terms of the settlement.” Thus, CCP § 664.6 allows the Court upon motion to enter judgment pursuant to the terms of a settlement where the parties stipulated to the settlement. The Court'...

Excerpt: ...ntiff filed a class action lawsuit on April 27, 2018, on behalf of all current and former hourly‐paid or non‐exempt employees who worked for Defendant within the State of California at any time from April 27, 2014, to final judgment. On July 11, 2019, Plaintiff filed a First Amended Complaint (“FAC”) to add a PAGA cause of action. The FAC alleges Defendant violated the Labor Code and Business & Professions Code by carrying out a uniform p...

Excerpt: ...ant was employed by Paladin Private Security and that Defendant, and others, “without any warning, justification, or provocation, or legal authority,…repeatedly and physically attacked, tased, assaulted, battered and detained Plaintiff, and did so with such force as to cause Plaintiff to sustain serious physical injuries…” (FAC ¶¶ 15, 20.) He alleges that Defendant acted intentionally and intended to cause Plaintiff to apprehend and imm...

Excerpt: ...efendant's motion for judgment on the pleadings without leave to amend in April 2015 on the basis that the action was untimely. Following an appeal, the case was remanded to allow Plaintiff leave to amend. Specifically, the Third DCA ruled that Plaintiff was “entitled to reversal with a remand for an opportunity to amend her complaint to satisfactorily plead the March 2012 DFEH complaint.” Plaintiff filed her third amended complaint in No...

Excerpt: ...ntage rent clause in a lease of real property between Defendant and Plaintiff's predecessor‐in‐interest. Plaintiff alleges that it now holds all rights of its predecessor‐in‐interest under the lease. Plaintiff seeks leave to file a first amended complaint to add two new causes of action seeking significant damages for breach of lease against Defendant and breach of a guaranty against new Defendant Raley's who Plaintiff contends guaranteed...

Excerpt: ...motion was served by mail and email on August 8, 2019, which is only 16 Court days before the hearing. If Plaintiff provides such proof the following will become the Court's ruling. If no proof is provided, the motion will be dropped for defective service. The trial court has broad discretion to determine whether a proposed settlement in a class action is fair. (Rebney v. Wells Fargo Bank (1990) 220 Cal. App.3rd 1117, 1138.) Newberg on Class Acti...

Excerpt: ...s. She also seeks to quash service of summons. 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 defaulted defendant other than a motion to vacate entry of def...

Excerpt: ...r Judicial Notice is granted. Plaintiff alleges that her son, Kevin Johnson, orchestrated a scheme with the other defendants to strip nearly $2,000,000 of equity from multiple real properties owned by her. Arletha alleges the lender defendants including Civic Financial knew that Arletha had no interest in the business for which the business loans were made and that defendants should have known that the loans were for the benefit of Kevin Johnson ...

Excerpt: ...defendants”) is denied. Graspointner's request for judicial notice is granted. In taking judicial notice of these documents, the court accepts the fact of their existence, not the truth of their contents. (See Professional Engineers v. Dep't of Transp. (1997) 15 Cal.4th 543, 590; Steed v. Department of Consumer Affairs (2012) 204 Cal.App.4th 112, 120‐121.) Cross‐defendants' objections to the invoices submitted by Graspointner as Exhibits AC...

Excerpt: ...oof of service is filed showing service that complies with CCP 437c(a)(2), the motion will be granted. Plaintiff's Request for Judicial Notice is granted. This is a collection action in which Plaintiff has established by admissible evidence that defendant breached the credit card agreement and that plaintiff has been damaged in the amount of $9,542.92. (UMFS 1‐12) Declaration of Lindsay R. Hogueison. Plaintiff has met its burden. In evaluat...

Excerpt: ...bjections Declaration of Frick: The declaration filed May 30 is inadmissible because it was not signed under penalty of perjury. However, the Amended Declaration filed August 9 is under penalty of perjury and cures that defect of the original declaration. Overruled as to No. 1, 4, 5, 6,7, 9, 13, 16. Sustained as to No. 2 as to purported personal knowledge" of statements in the declaration, Sustained as to No. 3, 8, 10, 11, 12, 14, 15 for lack...

Excerpt: ... Plaintiff's Request for Judicial Notice is granted. Defendant's Evidentiary Objections Declaration of Martucci: Overruled as to 1, 2, 3, 4. Declaration of Mary Morris: Sustained as to 5, 6, 7, Declaration of Rhudolph Nolen: Sustained as to 21. Otherwise overruled. Plaintiff's Evidentiary Objections Declaration of Sargetis: Sustained as to Nos. 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, and 28‐33....

Excerpt: ...at 6:29 pm. The defaults of each defendant were entered December 19, 2018. The motion is brought only pursuant to CCP 473(b) based on excusable neglect or inadvertence. Motions based on excusable neglect must be brought within 6 months of the entry of default. Therefore, the motion is untimely, as it was not filed until July 19, 2019, approximately one month past the 6 month deadline. The outside time limit for seeking relief under 473(b) is 6 mo...

Excerpt: ... Subpoena”). (King Decl. ¶ 3, Exh. A.) KP Cal moves to quash on the grounds that: (1) the First Subpoena was not personally served on Ms. Ognissanti; (2) the Notice and Subpoena are in defective form because they seek the deposition of an unknown individual named “Christina Ognissanti;” (3) Plaintiff was required but failed to obtain leave of Court to serve the deposition notice pursuant to CCP § 2025.210 as KFHP had yet to appear in the ...

Excerpt: ...f defendant Palm Desert Kitchens, Inc.'s (“Defendant”) failure to comply with this Court's March 23, 2019, Order requiring Defendant to provide verified responses to Plaintiffs' request for production, set one, no later than June 3, 2019. (ROA 15.) Defendant did not oppose the underlying motion to compel and Defendant has failed to comply with the Order. (Calnero Decl. ¶¶ 5‐7.) First, to the extent that the motion seeks an order of contem...

Excerpt: ...why it had not produced the documents required by the investigational subpoena issued by the Department on June 14, 2018, seeking unredacted medical records for deceased patient 1 (“Patient 1”). Government Code §§ 11180 et seq. set forth the investigative powers of state departments, such as the "Department", how they are to be exercised, and how they are to be enforced. Pursuant to Gov't Code § 11187(a), where a party refuses ...

Excerpt: ... file is granted. On May 14, 2019, this Court granted Plaintiff's Application for Right to Attach Order and Order for Issuance of Writ of Attachment against the real property owned by Michael R. Beile located at 2832 Verna Way, Sacramento, California 95821 and against any “funds in excess of $1,000 in bank accounts” of defendants Sean D. Lively, Michael Beile, and Marisa LeFevre. Plaintiff's other applications were dropped for defective servi...

Excerpt: ...ion arises from personal injuries suffered by Plaintiff as a result of Sutter's alleged wrongful conduct surrounding the August 28, 2017, death of Plaintiff's husband. Plaintiff's husband allegedly received a morphine drip of 250 milligrams over less than 90 minutes, despite an order from his physical for a morphine drip at 1 milligram per hour. This instant dispute concerns the following document request (RFPD, set three, number 13): “The docu...

Excerpt: ...s not rule on these evidentiary objections filed in support of the reply since they concern evidence deemed immaterial to decision on the motion. (CCP § 437c, subd. (q).) Costco also submitted objections to the Declaration of Mark Velez. The Court does not rule on these evidentiary objections as they are either not proper objections to evidence or are immaterial to the decision on the motion. (CCP § 437c, subd. (q).) Finally, Costco submitted o...

Excerpt: ...e, and not the evidence or the facts alleged. (City of Atascadero v. Merill Lynch, Pierce, Fenner & Smith. Inc. (1998) 68 Cal.App.4th 445, 459.) Courts "assume the truth of the complaint's properly pleaded or implied factual allegations." (Schifando v. City of Los Angeles (2003) 31 Cal.4th 1074.) On a demurrer, a court's function is limited to testing the legal sufficiency of the complaint. Code Civ. Proc., § 430(a), pertaining t...

Excerpt: ...production in its entirety. (ROA 59.) The motion requested further responses and production of corresponding documents. The Court ordered Defendant Kia Motors America, Inc. ("Kia") to provide further responses by March 8, 2019. On June 5, 2019, the Court granted Plaintiff's motion to compel compliance with the Court's February 22, 2019, discovery order. (ROA 69.) The Court ordered Kia to produce documents responsive to Requests for Produc...

Excerpt: ...mon Law action involving a 2016 Chevrolet Silverado vehicle, which Plaintiff alleges suffered from various defects, including transmission defects, Plaintiff seeks 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...

Excerpt: ...lect. This action was filed almost four years ago by Plaintiff Deanna Correll on September 15, 2015. The matter involves a settlement agreement between Plaintiff and the “Estate of Loren Hawley, by and through [Defendant] as Trustee of the Trowbridge Trust, and Garrett Hawley, beneficiary of the Trowdrige Trust.” (Comp. Exh. A.) The settlement related to litigation in Sutter County. Plaintiff's instant complaint is premised on a breach of the...

Excerpt: ... Nevertheless, the Court considered the entirety of the memorandum. In this employment action, Plaintiff Sandra Muniz alleges causes of action for constructive wrongful discharge in violation of public policy, retaliation in violation of FEHA, failure to prevent discrimination and retaliation in violation of FEHA, sexual discrimination in violation of FEHA, sexual harassment in violation of FEHA, and IIED. She claims that she was a long term and ...

Excerpt: ...ce on July 30, 2019 for failure to comply with CRC 3.1324. The Court has also considered the opposition filed August 2. Plaintiff seeks to combine her Cross‐Complaint (sic) with her Complaint in the form of a First Amended Complaint. Plaintiff's Complaint consists of her Qui Tam claims. Her Cross‐complaint, filed on August 1, 2018 consists of claims for breach of contract, wrongful termination, and retaliation. Plaintiff contends that she...

Excerpt: ...ained: 2, 5, 8, 10, 12, and 15. City alleges defendant Robin Brewer has created a public nuisance at her property located at 3071 E Curtis Drive, Sacramento, California. City contends defendant owner Robin Brewer has unlawfully installed of a hot tub/spa ("hot tub") in the front setback and (2) created an unlawful encroachment of a concrete/masonry wall ("wall") without first obtaining the necessary permits. City seeks the followi...

Excerpt: ...019, at ROA 130 that does not include a proof of service of the document on the defendant. As defendant filed a reply, the court is considering plaintiff's correspondence because this is a dispositive motion. Defendant's Request for Judicial Notice is granted. Self‐represented incarcerated Plaintiff filed a Complaint against the State of California Department of Corrections and Rehabilitation (CDCR) for personal injuries while incarcera...

Excerpt: ...At oral argument plaintiff stated that he could cure the defects of the FAC and leave to amend was granted. Plaintiff then filed a Second Amended Complaint, to which Dr. Molyn again demurred. On May 28, 2019, the Court tentatively sustained the demurrer without leave to amend. After oral argument, the Court again granted leave to amend, but only as to the fraud cause of action. Plaintiff then filed his Third Amended Complaint on June 7, 2019, all...

Excerpt: ...e 7, 2018, and is entitled Joseph Mohamed v. City of Elk Grove, case number 34‐2018‐00234257. The first case is currently pending. In short, in the first case Plaintiff alleged the City breached the terms of the grant deed when the City transferred 78.1 acres worth of Plaintiff's Conservation Rights to Pulte Homes (“Pulte”) without giving notice of the transfer as required by the grant deed. Plaintiff alleged it never authorized the trans...

Excerpt: ...subjected to other wrongful actions, including defamation. Plaintiff's eleventh cause of action for defamation is asserted against Dignity and her alleged former supervisors, Sherrilyn Pospisil, Kristen Anderly, and Laura Gaminde (collectively, “Individual Defendants”) Laura Gaminde has timely filed a joinder to this demurrer filed by Pospisil and Anderly asserting she should be entitled to the same relief on the same grounds. Gaminde's joind...

Excerpt: ...part I, states that the "court shall review and approve any penalties sought as part of a proposed settlement agreement pursuant to this part." Plaintiff was employed with defendants BHC Sierra Vista Hospital, Inc. dba Sierra Vista Hospital and UHS of Delaware, Inc. from March 11, 2011, to September 20, 2017, initially as a case manager in the social services department and ultimately at the time of her resignation as a Licensed Marriage ...

Excerpt: ...Plaintiff Henry Cress and Plaintiff Jeanine Roberts as class representatives for purposes of settlement; 3. Appointing the Shimoda Law Corp. as class counsel for purposes of settlement; 4. Approving the proposed class action settlement, which is incorporated herein by reference; 5. Approving the application for payment to class counsel of attorneys' fees in the amount of $416,666.67 (1/3 of the Gross Settlement Amount); 6. Approving the appli...

Excerpt: ...g her dog when a “No Parking” sign affixed to a metal post dislodged from its mooring and fell on her head. Complaint, ¶ 7 ["...parking sign falling and striking Plaintiffs head."] The City owned and controlled, inter alia, the subject sign. Id. ¶ 7‐8. Plaintiff filed suit against the City alleging a single cause of action for dangerous condition of public property. The City now moves for summary judgment on the grounds that it ne...

Excerpt: ... failed to timely bring the case to trial. Defendant also seems to move for a discretionary dismissal pursuant to CCP § 583.420(a)(1) for failure to serve the Summons and Complaint within two years. However, as seen below, an answer by defendant has been on file since January 21, 2016. The procedural background in this action is as follows. This is a limited civil action for breach of contract arising from a landlord‐tenant dispute. The action...