Excerpt: ...gapito Cardona's (collectively, “Defendants”) motion to set aside default and default judgment pursuant to CCP § 473(b) is GRANTED. Defendants' request for judicial notice of the default judgments in the Court's file is granted. (See ROAs 17, 20.) Plaintiff David J. Adams, Jr. (“Plaintiff”) filed the personal injury complaint in this action on December 6, 2018. According to the Proof of Service of Summons & Complaint filed on January 9, ...

Excerpt: ...Renee Phillips' motion to vacate request for dismissal and reinstate the action is granted. Plaintiff's request for judicial notice is granted. In this employment action Plaintiff filed her complaint on February 28, 2018 against Defendants Wayne and Suzanne Schell, Peter Borg and Laguna Del Sol. At the time she was represented by Mark Gallagher. Mr. Gallagher was suspended from the practice of law by the State Bar in January 2019. In June 2019 Pl...

Excerpt: ...costs is ruled upon as follows. In this lemon law action Defendants seek to tax Plaintiff Rudy Warren Egger's memorandum of costs which seeks $24,449.33 in costs. Defendants argue that Plaintiff should be awarded no more than $13,323.04 in costs. The matter was settled at a settlement conference on the first day of trial before the Honorable Judge Gevercer, wherein defendant FCA UC LLC agreed to settle the matter and pay Plaintiff $106,000. There...

Excerpt: ...sen Wright, PC.'s motion to strike portions of Plaintiff Aalborg CSP A/S's complaint is denied. Defendant's request for judicial notice is denied. Defendant seeks to have the Court take judicial notice of a declaration filed in support of its concurrent motion for an undertaking and 24 exhibits in support of that motion. While It may be appropriate to take judicial notice of the fact that the documents were filed with the Court, Defendant attempt...

Excerpt: ...es causes of action for violation of Business & Professions Code § 17200, breach of the implied covenant of quiet enjoyment, negligence, IIED, and conversion. An judgment was entered against Plaintiff in a separate unlawful detainer action and that judgment is final. Defendant moves to have Plaintiff declared a vexatious litigant. The purpose of the vexatious litigant statute is to address the problems created by the "persistent and obsessiv...

Excerpt: ...arminder Singh's motion to compel Defendant General Motors LLC's compliance with the Court's July 11, 2019 discovery order and for prospective sanctions of $500 per day is ruled upon as follows. In this lemon law case, the Court granted Plaintiff's motion to compel further responses to requests for production Nos. 1, 7, 10, 17, 19, 20‐24, 35, 37‐42, 58, 66, 70‐73, 77, 85 and 92. The Court ordered Defendant to provide further responses by Ju...

Excerpt: ...Reviver Financial, LLC's motion for summary judgment is denied. In this consumer collection action Plaintiff filed a complaint seeking recovery of $6,051.64 from Defendant Peter Santiago. Plaintiff alleges that Defendant had a loan from CNU of California, LLC dba Netcredit (“CNU”) which he defaulted on. Plaintiff alleged that the debt was assigned to it. The caption of the complaint states that it is for breach of contract and common count. H...

Excerpt: ... and Real Estate Portfolio Management, LLC's (“REPM”) motion for summary adjudication is ruled upon as follows. The parties' requests for judicial notice are granted. The Court notes that Plaintiff failed to comply with CRC Rule 3.1116(c) by failing to highlight the relevant portions of deposition testimony. Nevertheless the Court considered the cited deposition testimony in its entirety. Plaintiffs/Cross‐ Defendants Angelica Lynn and Angel...

Excerpt: ...ess Oversight's unopposed demurrer to selfrepresented Plaintiff Jeff Eschrich's complaint is sustained with leave to amend. The function of a demurrer is to test the sufficiency of the pleading it challenges by raising questions of law. (Salimi v. State Comp. Ins. Fund (1997) 54 Cal.App.4th 216, 219; Nordlinger v. Lynch (1990) 225 Cal.App.3d 1259, 1271.) Pleadings in California are construed liberally. The only issue that can be raised by demurre...

Excerpt: ...t of Business Oversight's unopposed demurrer to selfrepresented Plaintiffs S. Alan and Jean Cardiff's complaint is sustained with leave to amend. In this action Plaintiffs filed a Judicial Council form complaint appearing to allege common law causes of action for fraud and negligent misrepresentation and also alleged that Defendant violated the Franchise Investment Law. Plaintiffs allege that Defendant committed fraud in approving Dental Support ...

Excerpt: ..., 2019. The Clerk shall fax a copy of the tentative ruling to the litigation coordinator. The litigation coordinator shall provide the tentative ruling to plaintiff Reginald Wheeler. Appearance is required on October 9, 2019. Plaintiff Reginald Wheeler shall be available, by COURTCALL, to participate in oral argument on the continuance date. Defendant Jennifer Shaffer's demurrer to self‐represented Plaintiff Reginald Wheeler's complaint is sust...

Excerpt: ...led by Plaintiff's previous counsel and that when he was retained he decided to dismiss the action without prejudice and file an entirely new complaint. Plaintiff's counsel declares that he made this decision without consulting Plaintiff because it was a tactical decision that did not impair Plaintiff's rights, as a new complaint would be within the applicable statute of limitations. (Jacobs Decl. ¶¶ 6‐8) Pursuant to the plan, Plaintiff's cou...

Excerpt: ...ance by counsel for Plaintiffs at the OSC re: Dismissal. Plaintiffs' counsel contends that in May of 2015, his office moved from 2366 Gold Meadow Way in Gold River, California to 7940 California Avenue in Fair Oaks, California. (Swartz Decl. ¶ 15.) Indeed, the address listed on Plaintiffs' filing changed from the Gold River address to the Fair Oaks address after April of 2015. Plaintiffs' counsel contends they did not receive notice of the OSC h...

Excerpt: ...moot as Defendant has presented evidence that it served supplemental responses to these requests on December 18, 2018, nine days before Plaintiff filed this motion to compel. The Court makes no determination as to the sufficiency of these supplemental responses. As to request number 13, the motion is DENIED as request number 13 is not included anywhere in Plaintiff's separate statement and, therefore, not at issue. As to the remaining request...

Excerpt: ...ween itself and Defendant Phanh Nyothsom. (Smith Decl. Exh. A.) Pursuant to the settlement, Defendant agreed to pay Plaintiff $200 on or before the 27th day of each month commencing July 27, 2018, and continuing each month thereafter until paid in full ($6,452.38.) Defendant is in default because he failed to make payments as required. Defendant's last payment was made October 19, 2018. (Smith Decl. ¶ 5.) Defendant currently owes Plaintiff $5,92...

Excerpt: ...ws. Plaintiff was employed by Defendant beginning in June of 2012. Throughout her employment, she was pregnant on three different occasions. Plaintiff filed her complaint in this action on July 18, 2018, alleging the following causes of action: (1) pregnancy discrimination; (2) failure to prevent pregnancy discrimination and harassment; (3) pregnancy harassment; (4) failure to provide meal and rest periods; (5) failure to issue accurate itemized ...

Excerpt: ...e the time appointed for hearing. If the notice is served by mail, the required 75‐day period of notice shall be increased by 5 days if the place of address is within the State of California … .” Moving party served the motion by mail on November 13, 2018, which is 77 days before the January 29, 2019, hearing date. This is insufficient notice under Code of Civil Procedure section 437c(a), which requires notice of at least 80 days before the...

Excerpt: ...n substance, the Court combines its ruling into this single order for purposes of efficiency and judicial economy. This is a PAGA‐only action. The Court previously denied class action status as to the remaining claims. DISCOVERY AT ISSUE Special Interrogatories At issue in Plaintiffs' Motion to Compel Further Responses is Special Interrogatory No. 21, which states: “Please IDENTIFY each individual in the released contact list provided by KCC,...

Excerpt: ...ing directed Defendants to provide further responses on or before December 3, 2018. Plaintiff now complains that Defendants are in violation of that order, as Defendants have failed to provide further responses. Plaintiff now seeks issue, evidentiary and monetary sanctions. Defendants' Opposition to the instant motion provides additional context relevant to the Court's determination of this motion. The Court's Register of Actions reflects tha...

Excerpt: ...rian Beck sue Defendant VRK Group LLC regarding their purchase of real property, while Plaintiffs Tom and Sunday Barrow allege they entered into an agreement to purchase property from Defendant Pacific Coast Ventures LLC. The overall substance of Plaintiffs' First Amended Complaint is that each home contains various undisclosed defects, for which Plaintiffs now seek compensation. As to moving Defendant Nguyen, only, Plaintiffs Bianchi and Beck al...

Excerpt: ...the City's discovery of illegal indoor cultivation of 642 cannabis plants in a home owned by Plaintiff in Sacramento. The City's Code Enforcement issued the penalty on July 2, 2018, and the City's administrative appeals division affirmed the penalty on September 19, 2018. Notice of the administrative appeal decision was served on Plaintiff on October 3, 2018. Plaintiff instituted the instant action by filing a notice of administrative...

Excerpt: ...e on January 22, 2019. No opposition was received. In this personal injury action, the parties served their initial expert witness disclosures on December 17, 2018. Defendant only disclosed Dr. Mikaelian to provide testimony regarding the nature and extent of Plaintiff's injuries. Plaintiff disclosed an expert witness to provide testimony regarding her medical bills, including the reasonableness and necessity of those bills and future medical car...

Excerpt: ...as noted in Rule of Court 2.551 (a) the Court must make the requisite determination, and the Court must not permit a record to be filed under seal based solely on the stipulation of the parties. That being said, as part of that motion, which was filed on September 1, 2018, Defendant submitted the sworn declaration of counsel, Terilynn Diepenbrock. Attached to Ms. Diepenbrock's declaration were various exhibits, of which Exhibits A, B and C contai...

Excerpt: ...iffs' local counsel, the law firm of Walker Hamilton Koenig & Burbidge LLP (“Walker Hamilton”), acts together with national counsel Fleming Nolan Jez LLP, which is based out of Houston, Texas. In August 2017, the Fleming firm instructed Walker Hamilton to dismiss approximately 190 plaintiffs from various cases that had been filed in various California superior courts. The Fleming firm based this directive on (1) certain plaintiffs had claims ...

Excerpt: ... agreement with Defendant for the purchase of a heavy duty semi‐truck and that Defendant failed to make the required payments. 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 or more of the elements of the cause of action cannot be separately establish...

Excerpt: ...fendants”) pursuant to which they would receive an offer for a permanent modification of their loan if they complied with the terms of a Trial Period Plan (“TPP”). They contend that they complied with the TPP but that Defendants offered a permanent modification that differed from the terms of the settlement agreement. The settlement agreement provided that it was made pursuant to CCP § 664.6. The Court notes that both parties have lodged t...

Excerpt: ...without leave to amend. Defendants' request for judicial notice is granted. (See Poseidon Devel., 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 exc...

Excerpt: ...ne day late on January 11, 2019. No prejudice has been shown. Plaintiff timely filed her opposition brief and other supporting documents on January 9, 2019, and Defendants timely filed a reply on January 16, 2019. Background This action arises out of a motor vehicle accident that occurred on February 27, 2015, in Sacramento, California. Plaintiff alleges she suffered personal injuries when she was rear‐ended by Defendant Nicholas Anaya. Plainti...

Excerpt: ...filed on August 8, 2011, by Plaintiff and others against Lillian Penton (“Penton”) and Leanne Morris (“Morris”), Sacramento County Superior Court case no. 34‐2011‐00110427 (the “Underlying Action”). In the Underlying Action, plaintiffs alleged the real property they had rented from Penton and Morris suffered from various defects that left the property uninhabitable and caused personal injuries to the occupants. Penton and Morris h...

Excerpt: ...risdictional and the failure to file an action in the proper venue does not demonstrate that the complaint fails to state a cause of action. Rather a challenge to venue should be raised by way of a motion to transfer venue. (CCP § 396a, 396b (stating that a challenge to venue may be made by motion at the same time the defendant answers, demurs, or moves to strike, or may be made by motion in lieu of answering, demurring or moving to strike). Mr....

Excerpt: ... Exs. AC.) As the record establishes defendant Magen Michelle Hernandez has no interest in the vehicle given that the amount owned exceeds the value of the vehicle, RAC 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 $28,254.29. RAC is also entitled to a turn over order. (CCP § 512.070.) With a writ of possession the court may also issue ...

Excerpt: ...ainst the defendant.” (CCP § 583.310.) “[A]n action shall be dismissed…after notice to the parties, if the action is not brought to trial within the time prescribed in this article.” (CCP § 583.360(a).) Dismissal is mandatory and not subject to extension, excuse, or exception, except as expressly provided by statute. (CCP § 583.360(b).) Pursuant to CCP § 350, an action is commenced when the complaint is filed. The complaint in this ac...

Excerpt: ...M.C.M. Construction, Inc. ("MCM") a privately‐held construction company formed in 1973. The five shareholders are James and Judith Carter, Joey Carter, Jeffrey Carter, Harry McGovern, and James Coppini. Plaintiff seeks an order appointing provisional directors for MCM to serve on a special litigation committee (“SLC”) for the purposes of evaluating and taking action on a September 26, 2018 demand made by shareholders James and Judit...

Excerpt: ...argo Bank (1990) 220 Cal. App. 3rd 1117, 1138.) Newberg on Class Actions (4th Ed.), the most authoritative treatise on class actions, discusses the process for approving the settlement of a class action. At § 11.24, “Procedure for Submitting Class Settlement for Approval,” Newberg describes the review at the preliminary stage as the submission by the parties of the essential terms of the agreement for informal review of the settlement papers...

Excerpt: ...usly has been providing misleading and deceitful information to potential trial witnesses in order to improperly influence their trial testimony.” To that end, they argue that in connection with certain Notices to Consumer and Deposition Subpoena, Mr. Collins informed witnesses [not parties] that Defendant's upper management were responsible for Ms. Lovenstein's injuries and that Defendants would attack the witnesses credibility at trial becaus...

Excerpt: ...e. Defendant Dean Kratzer's motion to dismiss is denied. Defendant moves to dismiss Plaintiff's complaint which was filed on July 7, 2015, on the basis that Plaintiff failed to serve the complaint within three years of filing. A motion to dismiss for delay in service of summons is not a general appearance. (Code Civ. Proc, § 583.220(b).) Plaintiff opposes the motion on the basis that service of the complaint within three years was impossible, im...

Excerpt: ...r to plaintiff Francisco C. Tyquiengco's (“Plaintiff”) First Amended Complaint (“FAC”) is unopposed and is ruled upon as follows. Defendants' request for judicial notice of the Notice of Trustee's Sale is granted. In taking judicial notice of the recorded land document, the Court accepts the fact of their existence, not the truth of their contents. (Herrera v. Deutsche Bank Nat'l Trust Co. (2011) 196 Cal.App.4th 1366, 1375.) Factual and P...

Excerpt: ... Lanyadoo's (“Lanyadoo”) motion for summary judgment/adjudication. As noted in the Court's December 27, 2018, minute order, both the Irrevocable Trust's and Lanyadoo's motions are predicated upon the same arguments: the entire lawsuit, and each cause of action therein, is barred by the doctrine of judicial estoppel for Gopal's failure to disclose this lawsuit in Gopal's bankruptcy and, if any claims are not judicially estopped, Plaintiffs lac...

Excerpt: ...Insurance Company (“Defendant” or “Golden Bear”). The motion is granted in part and denied in part, as follows. Defendant's request for judicial notice of the complaint, cross‐complaint, and Plaintiff Ariz de la Vega's notice of request for dismissal is granted. Background Plaintiffs Pete and Ariz de la Vega filed a complaint against Golden Bear, their residential property insurer, on June 21, 2018. The complaint alleged one cause of ac...

Excerpt: ...Anthony Short's probation report pursuant to Penal Code section 1203.5 and motion to compel production of documents pursuant to subpoena is granted as set forth below. In this wrongful death action, Plaintiff seeks an order pursuant to Penal Code section 1203.5 granting her petition to copy Defendant Joseph Short's probation report and an order compelling the Sacramento County Probation Department to comply with her subpoena requesting the report...

Excerpt: ...ts for admissions admitted is DENIED. The notice of motion does not provide notice of the Court's tentative ruling system as required by Local Rule 1.06(D). Counsel for Plaintiffs is ordered to notify Defendant's counsel immediately of the tentative ruling system and to be available at the hearing, in person or by telephone, in the event Defendant's counsel appears without following the procedures set forth in Local Rule 1.06(B). This, however, i...

Excerpt: ...nd others. Defendant seeks to compel this matter to arbitration pursuant to an arbitration agreement contained in the “GameStop C.A.R.E.S. Rules of Dispute Resolution Including Arbitration. (“CARES”). Plaintiff opposes the petition on the basis that the agreement is unconscionable and does not comply with Armendariz v. Foundation Health Psychare Services, Inc. (2000) 24 Cal.4th 83.) Defendant has been operating as a GameStop subsidiary and ...

Excerpt: ...fliction 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 demurs to the second, third and fourth cause of action for NIED, IIED and elder abuse. However, Defendant's rep...

Excerpt: ...� 430.41. They have now done so. In this action Plaintiff alleges numerous causes of action against Defendant, including the Seventh Cause of Action for Wrongful Termination in Violation of Public Policy which is the subject of the instant demurrer. Plaintiff alleges that she began working for Cal Worthington as the business manager of the Worthington Dealership in Sacramento in 1987. (SAC ¶ 12.) She alleges that in 1991 she was moved to the cor...

Excerpt: ...strike Defendant's amended cross‐complaint. On December 6, 2018, the Court denied her motion for reconsideration of that ruling. On December 10, 2018, this Court granted Plaintiffs' motion for attorneys' fees pursuant to CCP § 425.16(c)(1) in the amount of $5,704.20. Defendant now seeks reconsideration of that order. As pointed out in opposition, while the proof of service states that the motion was served on the City Attorney on December 10, ...

Excerpt: ...ry 15, 2019 (though served on January 14.) On December 20, 2018, this Court granted Pacful's unopposed motion to compel. Plaintiff was ordered to serve verified responses, without objections, to Pacful's form interrogatories and requests for production (sets one) no later than January 3, 2019. The Court also granted Pacful's motion to deem matters in its requests for admissions admitted and awarded monetary sanctions. Defendants seek terminating ...

Excerpt: ... On March 9, 2018, Guillermo Posada filed a class action complaint in Los Angeles Superior Court (“Posada”) against Defendant alleging labor code violations similar to the violations on which Plaintiff's PAGA claims are based. Defendant now moves to stay this action while the Posada action is pending so that the underlying labor code claims could be resolved before reaching the PAGA penalties in this action. On December 11, 2018, this Court g...

Excerpt: ...mpel compliance with Plaintiff's request for production yet the separate statement and accompanying papers indicate that Defendant interposed objections to the requests at issue (34‐40, 41 and 42) and did not agree to produce any documents. A motion to compel compliance is only proper where a party has agreed to produce documents but has failed to do so in compliance with its statement. (CCP § 2031.320(a).) As such, the motion at most can ...

Excerpt: ...f their contents. (See Professional Engineers v. Dep't of Transp. (1997) 15 Cal.4th 543, 590 [judicial notice of findings of fact does not mean that those findings of fact are true]; Steed v. Department of Consumer Affairs (2012) 204 Cal.App.4th 112, 120‐121 [“[W]hile the existence of any document in a court file may be judicially noticed, the truth of the matters asserted in those documents, including the factual findings of the judge who wa...

Excerpt: ... to Evidence While Rall filed written “objections to evidence,” his objections are procedurally defective. Rall “objected” to several of the California Lottery's UMFs. Rall's objections are overruled because objections are properly directed solely at “evidence.” (See CRC Rules 3.1352, 3.1354.) The Court need not rule and does not rule on the California Lottery's objections to evidence. (See Code Civ. Proc. 437c(q).) Factual and Proced...

Excerpt: ...contract and negligence on June 7, 2018. Therein, Plaintiff alleges the following. On May 14, 2008, Plaintiff recorded a Grant Deed in favor of the City to establish a perpetual conservation easement on 80 acres of land in Sacramento County (the "Conservation Rights"). (Complaint ¶ 6, Exh. A.) The Grant Deed authorizes the City to transfer its interests in the Conservation Rights, but only with Plaintiff's prior written consent. (Complai...

Excerpt: ... to the truth of the contents. Although the demand for action to the board is referenced in the FACC, the letter itself is subject to differing interpretations as to who was responsible for the actions taken in directing the payments for estimated tax liabilities. A matter ordinarily is subject to judicial notice only if the matter is reasonably beyond dispute. (Post v. Prati (1979) 90 Cal.App.3d 626, 633.) Although the existence of a document ma...

Excerpt: .... (See Code Civ. Pro. § 436 (a)‐(c).) A motion to strike challenges portions of a cause of action that are substantively defective on the face of the complaint. (PH II, Inc. v. Superior Court (1995) 33 Cal.App.4th 1680, 1682‐83; see also Code of Civ. Proc. § 437.) More specifically, a motion to strike should be granted to remove "any irrelevant, false, or improper matter inserted in any pleading," or where the pleadings are drawn in...

Excerpt: ...lated causes of action and Labor Code causes of action and also class claims including the tenth and eleventh causes of action for waiting time penalties and wage statement violations under the Labor Code. Defendant demurs only to the tenth and eleventh causes of action. Tenth Cause of Action (Waiting Time Penalties [Labor Code §§ 201‐203]) Defendant's demurrer is sustained without leave to amend for failure to state facts sufficient to const...

Excerpt: ...es. Defendants' request for judicial notice is granted to the same extent it was granted in connection with Defendants' demurrer. The motion is denied as to the request for attorneys' fees. While no statute or contract supporting an attorney fee award is alleged, Plaintiffs argue in opposition that they would be entitled to fees pursuant to CCP § 1021.5 if they prevail. A “prevailing plaintiff may seek attorney fees as a private attorney gener...

Excerpt: ...ration and printing of ballots and the qualifications of candidates leading up to the November 2016 general election. The complaint alleges a single cause of action for declaratory and injunctive relief. The De La Fuente plaintiffs dismissed their claims in June 2017. The motion is granted on the basis that Plaintiffs failed to state facts sufficient to constitute a cause of action. (CCP § 438(c)(1)(B)(ii).) Plaintiffs failed to properly and tim...

Excerpt: ...er 10, 2018. Self‐ represented defendant's Motion to Set Aside Default and Motion to Quash Service of Summons is denied. This lawsuit arises from an alleged credit card debt purchased by the plaintiff. Defendant seeks to set aside the default and default judgment pursuant to CCP § 418.10(a)(1), Civil Code section §1788.61, and CCP §473(d)) as well as pursuant to the equitable powers of the court to remedy extrinsic fraud in service. Civi...

Excerpt: ...ons of Todd Murch and Erin Scherer on the basis that they are high level apex employees. Eskaton makes the motion pursuant to Liberty Mutual Ins. Co. v. Superior Court (1992) 10 Cal. App.4th 1282, 1287 ["“it amounts to an abuse of discretion to withhold a protective order when a plaintiff seeks to depose a corporate president, or corporate officer at the apex of the corporate hierarchy, absent a reasonable indication of the officer's person...

Excerpt: ...ment will take place on January 14, 2019. The Clerk shall fax a copy of the tentative ruling to the litigation coordinator. The litigation coordinator shall provide the tentative ruling to Plaintiff Frank Lee Dearwester, Appearance is required on January 14, 2019. Plaintiff Frank Lee Dearwester shall be available by COURTCALL, to participate in oral argument on the continuance date. The Court previously issued a tentative ruling sustaining Defend...

Excerpt: ...rs, Dmitriy was able to file a reply. Plaintiff Prestige Carrier filed the complaint against Vitek on September 14, 2016 alleging causes of action against Vitek in connection with Vitek's handling of Prestige's truck. Vitek filed a cross‐ complaint on a Judicial Council Form on October 14, 2016 alleging causes of action for declaratory relief, breach of contract for failure to pay repair invoices, breach of contract for failure to pay pursuant ...

Excerpt: ...tion documents by the County Defendants ["NONE"]. They also state that the summary judgment contained "UNTRUE, INCORRECT, FRAUDULENT STATEMENTS." (p. 1 of Motion [emphasis in original]) Putting aside the question as to how the Chengs would know the contents of the summary judgment were untrue, incorrect or fraudulent if they never received the papers, it must be noted Plaintiffs have failed to present any evidence whatsoever indic...

Excerpt: ...es team who induced homeowners who experienced fire damage to their homes to enter into home improvement contracts covered under their homeowners' policies. Plaintiff received commissions on all contracts he obtained. Plaintiff generally contends his commissions were improperly calculated. On August 13, 2018, Plaintiff filed a complaint against Golden Coast Construction & Restoration (“Defendant” or “GCCR”) alleging the following eight ca...

Excerpt: ...eceased mother, Cheryl Lynn Shenefield. The caption of the complaint indicates it is for “Medical Malpractice and Wrongful Death,” but the body of the three page complaint appears only to allege an individual claim for wrongful death. The complaint alleges that due to Defendant's negligence, “plaintiff has been deprived of the comfort, affection, support, love, care, society and companionship of [her] mother.” (Complaint ¶ 11.) Defendant...

Excerpt: ...f commercial real property located at 3230 Broadway, Sacramento, California 95817. The property consists of a two‐story, multi‐ tenant building with four commercial units and four residential apartments. On July 13, 2017, Plaintiff and Defendants entered into a Commercial Property Purchase Agreement for the sale of commercial real property located at 3230 Broadway for $775,000 (the "Purchase Agreement"). In order to finance the purcha...

Excerpt: ...deotaping of the exam shall take place and that plaintiff must answer all questions necessary to enable the physician to ascertain the nature and extent of her injuries. On October 9, 2018, defendant served a demand for the exam to take place November 8, 2018. On October 11, plaintiff served a Response that included the conditions that the exam would be videotaped and that the physician could not ask plaintiff any questions she had already answer...

Excerpt: ...ing the things herein alleged was acting within the scope of such employment and agency. It is further alleged that the Defendants are jointly and severally liable to Plaintiff. Defendant Scott Sagaria suddenly passed away in mid September 2018, after the Requests for Admission were served on him, Sagaria Law APC and Matthew Decaminada on August 8, 2018. The plaintiff has withdrawn the discovery as to Scott Sagaria. Scott Sagaria was the sole own...

Excerpt: ...ected plaintiff's "Motion for Extension of Time" on the basis he had not followed the rules for filing of motions. The Requests for Judicial Notice are unopposed and are granted. (See Poseidon Devel., 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 dem...

Excerpt: ...at various locations at the University of California, Davis campus. The Perma‐Pipe Piping System was installed by several different contractors under a series of separate contracts. Perma‐Pipe was aware of and involved in the procurement efforts for the Piping System installed at the UC Davis Campus. As a necessary part of this process, Perma‐Pipe had knowledge of the intended locations and specific uses of its product at the Campus, and pr...

Excerpt: ...roaches, trespasses and overhangs plaintiff's property. Evans lived next door to plaintiff until April 17, 2018. Defendant Sanders is the current owner of the property. Plaintiff alleges that in January of 2017 a large branch fell from the tree and hit plaintiff's property causing $425 in damage. Defendant Evans gave plaintiff permission to remove the tree at plaintiff's expense but then revoked permission and denied access. (Complain...

Excerpt: ...rnment Code sections 8547 et seq. Plaintiff alleges that he was retaliated against for disclosing improper governmental activities in the workplace. Plaintiff was employed as a Special Agent‐In‐Charge with the Office of Internal Affairs ("OIA"), Headquarters. Plaintiff was responsible for preparing threat assessment reports and alleges he was retaliated against for complaining that other employees were intentionally hiding relevant in...

Excerpt: ...is action Plaintiff alleges causes of action for negligence, negligent supervision and/or retention of employee and negligent supervision of Plaintiff against SFHS in connection with allegations that she was the victim of childhood sexual abuse when she attended SFHS as a result of the conduct of its softball coach Michael Martis. The fourth and fifth causes of action for sexual battery and IIED are alleged against Martis alone. Plaintiff alleges...

Excerpt: ...ction for conversion, fraud, and money had and received against Cross‐Defendants. Cornerstone alleges that the California State Controller's Office of Unclaimed Property (“SCO”) has a program by which it pays 10% of amounts recovered by an investigator for a client of the investigator and that it is an investigator in the program. (FACC ¶ 7.) Cornerstone alleges that relative to a certain client (Lewis Brisbois Bisgaard & Smith [“LB”])...

Excerpt: ...n an area where there allegedly was no signage warning of towing. He also alleged that Defendants caused him to be arrested by the police. He alleges causes of action under the Vehicle Code relating to towing companies, conversion, trespass to chattels, conspiracy and abuse of process premised on allegations that Cross‐ Complainants attempted to collect an unlawful towing fee and caused misdemeanor charges to be filed against him. Cross‐Compl...

Excerpt: ...om National General. He alleges that at the time he purchased the policy he did not have any individuals of driving age living in his residence. (FAC ¶ 8.) He alleges that on April 25, 2017, Plaintiff was in an automobile collision. (Id. ¶ 11.) Plaintiff filed a claim with National General and was asked whether any adults of driving age lived in the same residence as him and he responded that an adult of driving age had recently moved in. (Id. ...

Excerpt: ...owed money secured by the property at 898 San Ramon Way, Sacramento, California 95684. They defaulted on their loan, and their servicer at the time, Bank of America, caused recording of a notice of default in March 2008. In July, 2008 a notice of trustee's sale was recorded. A foreclosure sale was held August 21, 2008. The loan's owner, BoNYM, obtained title through a credit bid. A trustee's deed upon sale was recorded September 4, 20...

Excerpt: ... defendants breached the commercial lease and guaranty. The Cross‐complaint alleges that plaintiffs/cross‐ defendants failed to disclose that the prior tenant of the space leased by cross‐complainant Kiene was a dry‐cleaner that operated their business using PERC, a known environmental toxin. Cross‐complainants had leased the space to operate a fly fishing business. Crosscomplainants contend they relied on the concealment/misrepresentat...

Excerpt: ...ng out of the mental health treatment he received from her following his June 26, 2015 incarceration. Specifically, Plaintiff alleges that on October 14, 2015 and January 6, 2016, Ms. Williams denied him psychiatric treatment. Plaintiff asserts two medical negligence claims. In plaintiff's first claim, he alleges that on October 14, 2015, he requested psychiatric treatment and Ms. Williams denied him adequate treatment. He alleges that Ms. Wi...

Excerpt: ...es of action for negligence, battery, assault, false imprisonment, and intentional infliction of emotional distress arising out of being tackled and detained by security personnel at a Goodwill store in Redding. The Court previously granted Defendant's unopposed motion to strike related to Plaintiff's complaint and also granted Defendant's second opposed motion to strike related to Plaintiff's first amended complaint ("FAC"). Defe...

Excerpt: ...tion (collectively "Defendants") is SUSTAINED, without leave to amend. Overview The plaintiffs in this case are Gloria Single (“Single”) and California Long Term Care Ombudsman Association (“CLTCOA”) (collectively "Plaintiffs"). CLTCOA consists of local long‐term care ombudsman programs, staff, volunteers and supporters. CLTCOA advocates for long‐term care recipients such as Single. Ms. Single is in her 80s. Plaintiffs...

Excerpt: ...f this document, the Court accepts the fact of its existence, not the truth of its contents. Defendant's request for judicial notice of its form interrogatories (employment law) to Plaintiff and Plaintiff's responses thereto is denied. Defendant's request for judicial notice submitted in support of its reply as to a printout from the Anxiety and Depression Association of America is denied. As noted in Jolley v. Chase Home Finance, LLC (2013) ...

Excerpt: ...18, is granted. In taking judicial notice of this document, the Court accepts the fact of its existence, not the truth of its contents. This whistleblower action arises from an alleged assault that occurred in December 2016, wherein Plaintiff, a legislative aide in the Senate, was raped by a colleague, a legislative aide to an Assemblyman, after having been out with a group of colleagues and friends for dinner and drinks. (FAC ¶¶ 10, 11.) Plain...

Excerpt: ...g the federal action. The tentative ruling was then vacated and the matter was continued to today's date for a ruling on the merits of the matter. Defendant County of Sacramento, Correctional Health Services' (the “County”) demurrer to plaintiff Eric Alston's complaint is now ruled upon as follows. The County's request for judicial notice is GRANTED. This action arises from Plaintiff's arrest on or about November 21, 2017, following an alterc...

Excerpt: ...c)(1)(A).) On a plaintiff's motion for judgment on the pleadings, the Court must disregard all controverted allegations in the complaint and accept all facts properly pleaded in the answer. (Sebago, Inc. v. City of Alameda (1989) 211 Cal.App.3d 1372, 1379‐1380.) "A motion by plaintiff for judgment on the pleadings is in the nature of a general demurrer, and the motion must be denied if the defendant's pleadings raise a material issu...

Excerpt: ...sition was due no later than September 7, 2018. (CCP 437c(b)(2).) In addition, there is no proof of service of the opposition on Defendant. The court in its discretion may refuse to consider these papers in ruling on the motion. Weil and Brown Cal Prac Guide Civ Proc Before Trial (2017 The Rutter Group) para. 9:105:4 (citing CRC rule 3.1300(d); see also Sacramento Local Rule 2.31(C)). In this employment action, Plaintiff alleges causes of action ...

Excerpt: ...ne of Union Pacific's trains, which was being operated by Union Pacific's employees Timothy R. Thompson, Fredrick A. Ratliff, and Chris M. Wright. Decedent's two successors in interest, Elizabeth Brown and Don Johnson (“Plaintiffs”), have sued Union Pacific and its three employees alleging negligence in the operation of a motor vehicle, general negligence, and premises liability. On April 6, 2018, Plaintiff propounded its first set of written...

Excerpt: ...position and reply. Defendant seeks to prevent the deposition of his wife, Jacqueline Gutierrez, from going forward. This action arises from a September 24, 2016 accident. Plaintiff alleges he was crossing the street in a wheelchair when the tractor‐trailer Bemardo Raul Gutierrez, Jr.'s ("Mr. Gutierrez") was driving, in the course of his employment with CR. England, Inc., struck the wheelchair. Jacqueline Gutierrez ("Mrs. Gutier...

Excerpt: ...unctive relief and civil penalties in connection with the subject property located at 6136 Demonte Way in Elk Grove. Plaintiffs seek to have the subject property declared a public nuisance as a result of violations of numerous laws including drug house abatement laws. Plaintiff alleges that Defendant owns the subject property which has been home to a number of tenants and occupants and that the City has received over 100 complaints from neighbors...

Excerpt: ...einstated to continue in effect until the arbitrator's filing of a statement of decision. Defendant's Request for Judicial Notice is granted. Lyon's Evidentiary Objections to the Declaration of Malanga are sustained. Plaintiffs filed their Complaint on January 8, 2016 and their First Amended Complaint ("FAC") on March 8, 2016. (RJN, Exhs. M‐N.) The FAC asserts a single cause of action for violation of building standards for ...

Excerpt: ...f seeks to compel Defendant to provide full and complete responses to certain requests for production (set one). Requests nos. 12‐13, 18‐19, 24‐25, and 28‐37 relate to Defendant's investigations and analysis regarding the defects. Requests 7, 79‐83, and 96 relate to Defendant's warranty and repurchase policies. Defendant interposed numerous objections to the requests for production, including objections based on relevance, burden and op...

Excerpt: ...ch a motion to expunge is brought the burden is on the party opposing the motion to show the existence of a real property claim. Kirkeby v. Superior Court, (2004) 33 Cal. 4th 642, 647. A "real property claim" is defined in Code Civ Proc § 405.4 as “the cause or causes of action in a pleading which would, if meritorious, affect (a) title to, or the right to possession of, specific real property or (b) the use of an easement identified i...

Excerpt: ...f action against several defendants. Plaintiffs substituted Mr. Lynch as Doe Defendant 1 on October 21, 2015. (ROA 33.) Plaintiffs' complaint alleges the following six causes of action against Mr. Lynch: (1) personal injury ‐ strict product liability; (2) wrongful death ‐ strict product liability; (3) personal injury ‐ negligence; (4) wrongful death ‐ negligence; (5) survivors' action ‐ negligence; and (6) loss of consortium. Mr. Lynch ...

Excerpt: ...ing on this matter and served the opposition on Defendant that same day by mail. The Court notes Plaintiff argues his opposition was late because he was not served with this motion. However, the proof of service provided with Defendant's motion indicates Plaintiff was served by mail on August 21, 2018. Nonetheless, the Court has considered Plaintiff's opposition, but it does not change the Court's ruling. On August 10, 2018, this Court entered de...

Excerpt: ...2018. DWR and D.A. McCosker Construction Co. dba Independent Construction Company, and Fidelity & Deposit Co. of Maryland's (“ICC”) request for judicial notice is granted. Background The procedural history of this case is complicated and convoluted, and a brief history is helpful in the context of the instant proceeding to provide a comprehensive overview. DWR and ICC contracted for construction of the Dyer Reservoir. The Court first heard ar...

Excerpt: ...ontends one customer was billed for services by defendant's new company while he was still employed by plaintiff. Defendant contends that he merely informed his customers that he had left employment with plaintiff and started his own company. Plaintiff contends that the identity of its customers is a trade secret, including their identities and email addresses and other contact information. Under Morlife Inc. v Perry (1997) 56 Cal.App.4th 151...

Excerpt: ... hearing in Department 53. Legal Officer D. Mercado shall have Mr. Harrell available by telephone on September 14, 2018 at 2:00 p.m. Mr. Harrell shall call Courtcall (888‐88‐COURT) prior to the September 14, 2018 hearing date and set up his appearance with Courtcall. In addition, Mr. Harrell will have to call Courtcall prior to the 2:00 p.m. hearing on September 14, 2018, so Courtcall can connect him to Department 53. The clerk shall fax a co...

Excerpt: ...will be received one court day after the filing date. The opposition was due August 23, therefore it should have been served in a manner to ensure receipt by plaintiff on August 24. However, the court has considered the opposition despite the untimeliness, as defendant has fully addressed the opposition in the timely filed Reply and has not been prejudiced by the late service of the opposition. This action arises out of a motor vehicle rear‐end...

Excerpt: ...ondent/claimant filed a claim opposing forfeiture on March 15, 2018. The People did not file a Petition for Forfeiture within 30 days of the filing of the claim and therefore Respondent seeks return of the property. At the time this matter was first on calendar, no petition for forfeiture has been filed. A Petition for Forfeiture was filed by petitioner on August 10, 2018 after this matter was continued to August 31, 2018, and then to September 6...

Excerpt: ...e court's tentative ruling sustained the demurrer without leave to amend. Despite failing to file an opposition, Plaintiff appeared at the hearing. The Court continued the matter to August 17, 2018 to allow Plaintiff to file a motion for leave to amend. Plaintiff failed to file a motion for leave to amend. The matter was then continued to the instant date. The Court received, but did not consider Plaintiff's opposition late filed on Augus...

Excerpt: ...4 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.App.4th at 1117‐ 18.) see also Fontenot v. Wells Fargo Bank, N.A. (2011) 198 Cal.App.4th 256, 265 ("[A] court may take judicial notice...

Excerpt: ...d, Inc., struck the wheelchair. On July 25, 2018, the Court granted defendant's motion to compel two IMEs, one by neurologist Vernon B. Williams, M.D. and a neuro‐psychiatric examination by neuropsychiatrist Mark H. Strassberg. The Court found good cause to require both examinations, and found that they were not duplicative of each other or the orthopedic and internal medicine exam. The examinations were to take place August 8, 2018. Plaint...