Excerpt: ...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, § 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 r...

Excerpt: ...gation in Orange County. They claim that three years later they still have not been informed of the status of the complaint and that the CJP is charged with protecting the public from judicial corruption. They allege that Defendants have failed to take adequate action in response to reports of judicial misconduct and improperly hid the nature of its investigations from the public. Plaintiffs also allege Defendants wasted taxpayer funds, and misus...

Excerpt: ... was filed in July 2014 with the others being filed in October and November 2014 and March 2015. The actions were consolidated for all purposes through various orders and the matter stayed until completion of the SB800 pre‐litigation procedures. The Court need not remind counsel that a stay order suspends all proceedings in the action to which it applies. Indeed, a stay freezes a court's proceedings at a particular point. Bruns v. E‐Comme...

Excerpt: ...Abuse Act on the basis that Plaintiffs failed to allege facts to show Defendant acted with recklessness, oppression, fraud, or malice. The motion is granted. As seen from the Court's ruling on the demurrer the Court sustained Defendant's demurrer to the Elder Abuse Cause of Action. The only causes of action remaining are for medical negligence and NIED. There is no basis for enhanced remedies under the Act or for punitive damages. The Court need ...

Excerpt: ...ks terminating and monetary sanctions on the basis that Claimant has not provided the Court ordered responses. For misuse of the discovery process, including as is the case here, disobeying a court order to provide discovery, the Court may impose a terminating sanction by one of the following: an order striking out the pleadings or parts of the pleadings of any party engaging in the misuse of the discovery process or an order dismissing the actio...

Excerpt: ...udulent health care billing of Medi‐Cal. The case remained under seal until October 22, 2018, when the Court issued an Order reflecting the State's election to decline intervention in the matter. On August 2, 2018, prior to the seal being lifted, Plaintiff filed a Cross‐Complaint against moving Defendant alleging claims of breach of contract, breach of the implied covenant of good faith and fair dealing, wrongful discharge and Labor Code viol...

Excerpt: ...on for loss of consortium. Facts The Court finds the following facts to be disputed, unless otherwise noted. In April 2013, Plaintiff William Fastiggi underwent a surgical procedure to address a left lateral disc herniation at L4‐L5. Defendant Smith performed the left lateral L4‐L5 microdiscectomy. In September 2016, Mr. Fastiggi returned to Dr. Smith complaining of pain. Dr. Smith diagnosed a herniated nucleus pulposus; conservative care to ...

Excerpt: ...ttlement is committed to the Court's sound discretion. See Cal. Rules of Court, Rule 3.769; Fed. R. Civ. Proc, Rule 23(e); Wershba v. Apple Computer, Inc.(2001) 91 Cal. App. 4th 224, 234‐35.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.) The law favors settlement, particularly in class actions and other complex cases ...

Excerpt: ...omplaint on or about May 23, 2019,in propria personaalleging claims of “discrimination, unlawfully detained [sic], false arrest and imprisonment, unconscionability, harassment in the workplace, sexual harassment, harassment, slander, defamation, libel, child endangerment, civil rights violation, negligence, malic, oppression, wrongful termination, recklessness and fraud.” (Compl. p. 1.) The Complaint attaches hundreds of pages of exhibits, pr...

Excerpt: ...then propounded Requests for Admissions. Defendant did not respond. The Court deemed the truth of the matters specified in Plaintiffs Request for Admissions as admitted on June 19, 2019. (See Minute Order Dept 53, June 19, 2019.) Pursuant to the Court's June 19, 2019 Order, the defendant has admitted that she was issued the subject credit card, that she used the credit card to make charges, that she was to repay the plaintiff the principal am...

Excerpt: ...egedly tripped and fell on a curb in Defendants' parking lot. The Court issued a tentative ruling granting Defendants' motion for summary judgment. Plaintiff did not file a written opposition to the motion. However, she appeared at the May 30, 2019 hearing and the Court took the matter under submission. On May 31, 2019, the Court issued a ruling indicating that it had “fully considered the arguments of all parties, both written and oral, as wel...

Excerpt: ...39;s complaint filed January 3, 2017, alleges Failure to Reasonably Accommodate, Failure to Engage in a Good Faith Interactive Process, Disability Discrimination and Failure to Correct Retaliation and/or Discrimination under the California Fair Employment and Housing Act ("FEHA") against her former employer Dignity Health. Lewis also alleges retaliation for using California Family Rights Act ("CFRA") protected leave. The discrimin...

Excerpt: ...es out of a dispute related to an application for credit. Plaintiff filed the instant action alleging causes of action for breach of contract, common counts and unjust enrichment. It alleges that pursuant to the application for credit and invoices issued pursuant to the application, Defendants owe it $96,589.22. Plaintiff sought a writ of attachment in the amount of $121,589.22 ($96,589.22 alleged outstanding balance + $25,000 anticipated attorne...

Excerpt: ... to pending litigation stipulate in writing signed by the parties outside the presence of the court…, for settlement of the case,…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.” (CCP § 664.6.) On a 664.6 motion the “trial court merely resol...

Excerpt: .... The opposition does not explain why the opposition was untimely. Even though the opposition was only filed one day late, the Court must express its frustration with untimely filings as they demonstrate a lack of respect for the rules of Court and the Court's time and resources. Counsel are expected to comply with the rules of Court. This time the Court has considered the opposition, but continued untimely filings may lead to the filing not bein...

Excerpt: ...sel included in Counsel's declaration. It is axiomatic that arguments are not evidence. The mere inclusion of arguments in a declaration does not make them evidence. The Court further notes that had it sustained any of the objections, it would not have changed its decision. Factual & Procedural Overview Plaintiff commenced this wage‐and‐hour case asserting three causes of action for failure to pay wages, unfair competition, and penalties unde...

Excerpt: ...r July 29, 2019, and served the depositions notices via U.S. Mail on July 10, 2019. (Asterlin Decl., Exh. 1.) Pappas served objections to each of the deposition notices on July 25, 2019, four days prior to the depositions. (Ching Decl., Exh. A.) The objections were sent via overnight mail and via email to Plaintiff. (Asterlin Decl., Exh. 6.) On reply, Plaintiff indicates the parties resolved the matter as to the PMK regarding maintenance of the s...

Excerpt: ...for the purpose of Defendant acquiring a Cynosure Sculpsure Laser System (the “Equipment”). Plaintiff filed this action on May 30, 2018, alleging three causes of action for (1) breach of Equipment Finance Agreement (“EFA”), (2) claim and delivery, and (3) conversion. By this motion, Plaintiff purports to move for summary judgment as to all causes of action in the complaint. The Court, however, cannot treat this motion as one for summary j...

Excerpt: ... copy of that Minute Order on Real Party in Interest on April 11, 2019. After receiving no response, Petitioner filed a Motion to Strike on May 7, 2019. On June 10, 2019, Real Party in Interest provided Petitioner with an incomplete and unverified response, i.e., nine invoices with checks. On June 13, 2019, Petitioner mailed Real Party in Interest a letter advising that his responses were incomplete and unverified. Petitioner gave Real Party in I...

Excerpt: ... June 2014, Defendant issued two personal checks to Plaintiff for $20,000 each, which Plaintiff was unable to deposit in repayment for the personal loan due to insufficient funds. (Compl. ¶¶ 5‐6.) The complaint alleges two causes of action: breach of contract and violation of Civil Code section 1719 (passage of checks on insufficient funds). Trial is scheduled for October 15, 2019, and a Mandatory Settlement Conference is scheduled for Septem...

Excerpt: ...pears. Appearance is required on August 20, 2019. Plaintiff Brian Spears shall be available, by COURTCALL, to participate in oral argument on the continuance date. Mr. Kratzer's request for judicial notice is granted. Plaintiff's opposition states that since the prison law library has been closed on the majority of the Saturdays, he has had insufficient access to do legal research since he is employed at the prison during the week. Plaint...

Excerpt: ..., 2019 is overruled. The objections to plaintiff's declaration are sustained. Plaintiff alleges she is the lawful owner of certain residential real property located at 4340 Perry Avenue, Sacramento, CA 95820. In 2015 she borrowed $80,000 from The REO Group. Under the terms of the loan, the $80,000 was due on February 1, 2019. In January of 2019 plaintiff signed a modification making the final payment of $80,000, due February 1, 2020. Plaintif...

Excerpt: ... June 4, 2019, The Court granted Defendant Do's Special Motion to Strike (antiSLAPP motion) and awarding attorney fees and costs. (ROA #46) Plaintiffs Dat Minh Ma and Lee Vo filed a defamation lawsuit against Defendant Be Thi Nguyen, Lan Anh Do, and James Gilliam on December 10, 2018. Plaintiffs' Complaint alleged that Defendants made false and malicious statements about Plaintiffs in public and private settings. Plaintiffs, in particular...

Excerpt: ...er a proposed settlement in a class action is fair. (Rebney v. Wells Fargo Bank (1990) 220 Cal. App. 3rd 1117, 1138.) The law favors settlement, particularly in class actions and other complex cases where substantial resources can be conserved by avoiding the time, cost, and rigors of formal litigation. (See Newberg on Class Actions 4th (4th ed. 2002) § 11.41 (and cases cited therein); Class Plaintiffs v. City of Seattle (9th Cir. 1992) 955 F.2d...

Excerpt: ...fendant has also filed a motion to compel Plaintiff to serve further verified responses to requests for production, set one. Lastly, Defendant has filed a motion to compel Plaintiff to serve further verified responses to requests for admissions, set one. Each motion is substantively similar and the parties raise the same, if not identical, arguments in support of and in opposition thereto. Accordingly, the Court is consolidating the three motions...

Excerpt: ... to resolve a portion of their discovery dispute, but the following discovery disputes remain at issue: (1) The compliance deadline for the document production by MP holdings; (2) Odor condition requests (RFP No. 12, 17, 19); (3) Requests regarding sewer and sewer odor (RFP No. 25‐27, 31‐32, 52‐53); (4) Requests regarding government citations and default notices to tenants (RFP Nos. 33 and 55); and (5) Form interrogatory No. 17.1 pertaining...

Excerpt: ...ment with Defendant Paladin Private Security ("PPS"), assaulted, battered, and falsely imprisoned Plaintiff, causing serious physical injuries. In addition to pursuing claims directly against Cooper and Thurman, Plaintiff asserts causes of action against PPS and Defendants Matt Carroll, Louis Aljens, Michael Johnsen and Scott Johnsen for negligence in the hiring, supervision and training of Cooper and Thurman. On March 6, 2019 Plaintiff s...

Excerpt: ...p.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].) Plaintiff opposes the request as to Exhibits 2‐ 3, and 7‐12 on grounds the documents are being offered to prove the truth of the matter. The Court notes BANA's request for judicial notice is for exhibits identified as A‐M and that there is no request...

Excerpt: ...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.) Factual Overview This is an employment dispute lawsuit in which Coyle, a cancer survivor, alleges SMUD failed to provide reaso...

Excerpt: ...endant [Ms. Virga] argued that the answer had been attached to the moving documents, even though the Court did not have it, nor was it in CCMS. Notably, counsel for plaintiff acknowledged receipt of the proposed answer with his served copy of the motion. It bears noting the clerk's failure to list a document on the register of actions does not mean that it was not part of the official trial court record. (Ten Eyck v. Industrial Forklifts Co. ...

Excerpt: ...005. However, the court will exercise its discretion to consider the papers. (Cal. Rules of Court, rule 3.1300(d); Levingston v. Kaiser Foundation Health Plan (2018) 26 Cal.App.5th 309, 314.) Factual Overview This motion relates to an underinsured motorist (“UIM”) arbitration under Insurance Code § 11580.2. Claimant served a 998 offer to compromise on February 6, 2016 in the amount of $139,999. Respondent rejected the offer. On the eve of ar...

Excerpt: ...for elder abuse and wrongful death, Plaintiffs named moving parties as "heir defendants" in the Complaint. The "heir defendants" now wish to join as plaintiffs in this action and are seeking to file an amended complaint removing them as heir defendants and naming them as plaintiffs. Defendants do not oppose the motion. The current plaintiff, Anna Sandoval‐Ryan, suing as successor in interest to decedent as well as individually, ...

Excerpt: ...vide accurate wage statements, keep complete and accurate payroll records, and reimburse necessary business‐related expenses/costs. Defendant contends that the Complaint and each cause of action therein are "uncertain" and fail to state facts sufficient to constitute a cause of action. Defendant contends that the Complaint alleges only legal conclusions that specific Labor Code sections were violated and suffers from an absence of speci...

Excerpt: ...se of action for Fraud/Deceit, a 5th cause of action for Fraud/Deceit, and a 6th cause of action for Medical Negligence. On this demurrer, the defendant challenges only the 5th cause of action for Fraud/Deceit. On April 23, 2019, the Court ruled on the demurer to the allegations of the First Amended Complaint. (RJN Ex. C) The Court sustained the demurrer to the fraud causes of action, with leave to amend. Self‐Represented Plaintiff alleges caus...

Excerpt: ... Nevertheless, the Court considered the entirety of the memorandum. In this action, Plaintiff alleges numerous causes of action based on violations of the Sacramento County Zoning Code, trespass, private and public nuisance, IIED, NIED, negligence, negligence per se and declaratory relief. Plaintiff alleges that he owns real property located at 12370 Clay Station Road, in Herald, CA. He alleges that the Raymond and Mary Ellen Harrell Living Trust...

Excerpt: ...s. Factual and Procedural Background The facts and procedural history of this action are voluminous. Of relevance here is the following. In this action, Plaintiffs have amended their complaint four times since the initial filing in September of 2016, and following three demurrers by Defendants. On November 26, 2018, Plaintiffs filed the Fourth Amended Complaint (“FAC”). On January 3, 2019, Defendants demurred as to the second, third, fourth, ...

Excerpt: ...ts set forth in CRC Rule 3.1113(d). Defendants did not obtain an order from the Court allowing them to file such an oversized opposition memorandum. In this action, Plaintiff (attorney) Pamela Palmieri represents herself and Gilliland as plaintiffs; Palmieri alleges that she represented Plaintiff Kayrinkia Gilliland in a previous foreclosure related matter. She alleges that she had a contingency fee agreement allowing for a percentage of the gros...

Excerpt: ...pears. Appearance is required on August 20, 2019. Plaintiff Brian Spears shall be available, by COURTCALL, to participate in oral argument on the continuance date. Mr. Kratzer's request for judicial notice is granted. Plaintiff's opposition states that since the prison law library has been closed on the majority of the Saturdays, he has had insufficient access to do legal research since he is employed at the prison during the week. Plaint...

Excerpt: ...iff's credit or debit card transaction records showing that she made purchases at restaurants or other businesses in the vicinity of her work location during her work days. Pep Boys contends the discovery requests at issue are directly relevant to Pep Boys' defenses to Plaintiffs claims alleging failure to provide off‐duty meal periods, failure to authorize and permit rest periods, and failure to pay minimum wage and overtime. Plaintiff...

Excerpt: ...eneral Robert Barton, alleging that his superiors committed misconduct in intentionally withholding relevant information in an official CDCR report. Plaintiff further alleges that, approximately five weeks later, his supervisors became aware of his allegations and began to retaliate against him by bypassing the chain of command and otherwise ignoring him. As the result of the alleged retaliatory conduct, plaintiff alleged he was not able to do hi...

Excerpt: ...on Drive in the City of Sacramento. Qui Chang Zhu, was crossing Freeport Boulevard with her six year old grandson, plaintiff Jian Hao Kuang as they were walking home from Sutterville Elementary School. The intersection of Freeport Boulevard and Oregon Drive has no stop signs or traffic lights for motor vehicles traveling in either direction on Freeport Boulevard. Plaintiff and his grandmother were struck by defendant Gurdeep Chand Sidhu traveling...

Excerpt: ...‐to‐carrier services provided by AT&T to Defendant O1 Communications ("O1"), for which defendant has allegedly failed to pay the appropriate amounts due. Under the ICA, AT&T provides, inter alia, transiting service to O1, which allows O1 to deliver certain telecommunications traffic (e.g., voice communications) to AT&T, for delivery by AT&T to third‐party telecommunications carriers, for ultimate delivery to the third‐party carrie...

Excerpt: ...kson alleges direct victim emotional distress in observing injuries to plaintiff Ava Walls. The Third Cause of action for Fraud in Concealment alleges that defendants knew that plaintiff Crystal Jackson would encounter a dangerous delivery that had the risk of brachial plexus paralysis, brain damage, and /or death yet chose to withhold this information from Crystal in order to avoid the cost of performing a medically necessary C‐Section. She al...

Excerpt: ...of the pleadings and irrelevant to the court's interpretation of the alleged contract on this motion. Molina's Evidentiary Objections are sustained. Plaintiff alleges a cause of action for breach of contract arising out of relationship with Molina. Plaintiff asserts that certain provisions of the 2015 Molina Healthcare Medi‐Cal Program Member Services Guide created a contractual duty for Molina to provide name brand prescriptions rather...

Excerpt: ... Sleep Train Arena around 5:30 to 6:00 pm for the game between the Kings and the Denver Nuggets. As she and her friend Mr. Romero were walking toward the tables to buy bobble heads, Rose slipped and fell to the floor, injuring her knees. She alleges that the floor was a dangerous condition. She alleges that a security guard and/or police officer looked at the floor and said it was slippery, although the undisputed evidence shows that the responde...

Excerpt: ...�). The proposed settlement will dispose of this wage and hour class action, Haggins v. Kelly Services, Inc., et al. (Case No. 34‐2017‐ 00220473), which was filed on October 11, 2017. In reviewing a request for preliminary approval of a class action settlement, the Court's task is to determine whether the proposed settlement is within the “range of reasonableness” that would warrant sending out a notice of the settlement and giving the cl...

Excerpt: ...the Court granted Plaintiff's unopposed motion to have its requests for admissions deemed admitted. When the moving party is the plaintiff, there is only one ground for a motion for judgment on the pleadings: “the complaint states facts sufficient to constitute a cause or causes of action against the defendant and the answer does not state facts sufficient to constitute a defense to the complaint.” (Code Civ. Proc., § 438, subd. (c) (1)(A).)...

Excerpt: ...directed to the previous comprehensive ruling of the Court. Defendant was provided notice of this ruling by plaintiff but has failed to file any documentation curing the standing defect. Plaintiff's Request for Judicial Notice is granted. This action arises out of a dispute with defendant who performed roofing services for plaintiff. On April 11, 2019, Feliciano Ozuna‐FX's CEO‐filed an unsigned answer on FX's behalf "in pro pe...

Excerpt: ...ivision, an action is commenced at the time the complaint is filed. Code Civ Proc § 583.210(a). This action was filed on March 23, 2016. Plaintiffs failed to timely serve the named defendants or any Doe defendants within three years after the complaint was filed (by March 25, 2019) or to return proof of service within 60 days thereafter (May 24, 2019.) Dismissal for failure to comply is mandatory: (a) "If service is not made in an action wit...

Excerpt: ...s filed and served on June 11, 2019 as the motion for preliminary injunction, as no separate "motion" was filed on June 11, 2019. The Institute of Scrap Recycling Industries is a trade association representing approximately 100 Scrap Recyclers in California, and an additional 1,100 for‐profit companies nationwide. Plaintiff is the West Coast Chapter of the ISRI (referred to herein as "ISRI"). ISRI seeks a preliminary injunction ...