Excerpt: ...nc. 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 except to the extent such facts are beyond reasonable dispute. (See Poseidon Devel., supra, 152 Cal.App.4t...

Excerpt: ...fendants' counsel is directed to contact Plaintiff's counsel forthwith and advise counsel of Local Rule 1.06 and the Court's tentative ruling procedure. If Defendants' counsel is unable to contact Plaintiff's counsel prior to the hearing, Defendants' counsel shall be available at the hearing, in person or by telephone, in the event Plaintiff's counsel appears without following the procedures set forth in Local Rule 1.06(B). Evidentiary Objections...

Excerpt: ...ants' counsel is directed to contact Plaintiff's counsel forthwith and advise counsel of Local Rule 1.06 and the Court's tentative ruling procedure. If Defendants' counsel is unable to contact Plaintiff's counsel prior to the hearing, Defendants' counsel shall be available at the hearing, in person or by telephone, in the event Plaintiff's counsel appears without following the procedures set forth in Local Rule 1.06(B). Evidentiary Objections Pla...

Excerpt: ...inutes Orders, ROA No. 116) A trial court may, in its discretion, dismiss an action for delay in prosecution under the provisions of California Code of Civil Procedure §§583.410‐583.430, either on its own motion or on the defendant's motion, if it appears appropriate to the court under the circumstances of the case. (Cal. Code Civ. Pro § 583.410(a).) A discretionary dismissal for lack of prosecution must be made in accordance with rules ...

Excerpt: ...ded Cross‐complaint alleges 14 causes of action arising from disputes between the shareholders and directors of 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, plaintiff Harry McGovern, and James Coppini. The Carters allege in their SACC that, between 2007 and 2016, McGovern and former MCM director, James Coppini, ca...

Excerpt: ...st 2: Admit that defendant's negligence was not a substantial factor in causing plaintiff's injuries. Request 3: Admit that defendant did not cause the collision that injured plaintiff. Request 4: Admit that plaintiff has no facts to support a contention that defendant's negligence caused her injuries. Plaintiff's single objection to each request was: "Objection. This Request seeks admission of an ultimate fact that is to be d...

Excerpt: ...aintiff alleges that she suffered injuries and disabilities as a result of a rape by a colleague and Defendants failed to provide her a reasonable accommodation, failed to engage in the interactive process and retaliated against her when they used performance issues as a pretext to terminate her. Defendants issued subpoenas to Plaintiff's subsequent employers (Lundberg Family Farms and Blood Source) and MB Public Affairs, Inc., where she applied ...

Excerpt: ... no later than the date the opposition to the demurrer is due. (CCP § 472(a).) The opposition was due on September 5, 2018 and no stipulation has been presented to the Court. The Court therefore strikes the first amended complaint filed on September 6, 2018, on its own motion. The Clerk is directed to strike the first amended complaint. In this action, Plaintiff alleges that she suffered injuries while attending a concert at the Crest Theatre. S...

Excerpt: ...37c, subd. (q).) In this personal injury action, plaintiff Debra Ruth Bensema (“Plaintiff”) alleges she was injured after she tripped and fell on a floor mat in Defendant's restaurant. Plaintiff alleges the door mat was defective and created an unsafe walking surface. Plaintiff has alleged a single cause of action for negligence (premises liability) against Defendant. Defendant now moves for summary judgment on the grounds that Plaintiff has ...

Excerpt: ...2 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 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 ...

Excerpt: ...ach of contract requires pleading of a contract, plaintiff's performance or excuse for failure to perform, defendant's breach and damage to plaintiff resulting therefrom. [Citation.]” (McKell v. Washington Mutual, Inc. (2006) 142 Cal.App.4th 1457, 1489.) In evaluating a motion for summary judgment or summary adjudication the court engages in a three step process. The Court first identifies the issues framed by the pleadings. The pleadin...

Excerpt: ...f to a Kaiser hospital where he was prescribed Ibuprofen prior to his intake with the Sheriff's Department. (Compl. ¶ 14.) The following day, Plaintiff was in pain and seen by correctional medical staff with the Sheriff's Department. Plaintiff was offered the medication Naproxen for pain by the MD, but Plaintiff declined stating he was allergic to the drug. (Compl. ¶ 15.) Plaintiff was released later that same day. Plaintiff alleges defendants ...

Excerpt: ...adjudication, is granted. Defendants' request for judicial notice is granted. In this employment action, Plaintiff Jessica McNary who was a licensed vocational nurse with the UC, alleges FEHA causes of action for failure to accommodate, failure to engage in the interactive process, harassment, retaliation, violation of Labor Code § 1102.5, violation of Health & Safety Code § 1278.5, violation of 42 USC § 1983, failure to prevent harassment/dis...

Excerpt: ...ent of Motor Vehicles (“Respondent”) and operated by one of the Respondent's employee. Following the collision, Petitioner and her insurance agent, Jack Kandola, reached out to DGS. (Laskin Decl. ¶ 5.) Kim Clark, a DGS Risk Analyst, requested information from Petitioner about the accident, and this was provided to DGS. (Laskin Decl. ¶ 5; Clark Decl. ¶ 1.) Six months later, Petitioner was awaiting documentation from her employer to support ...

Excerpt: ... of the contents therein. This case originates from a motor vehicle accident that occurred on February 3, 2015, in the city of Citrus Heights, California. Plaintiff Bahareh Angela Shivazad and Plaintiff Aidan Moez Ardalan were in a vehicle that was struck by Defendant Cynthia Ann Pelley. At the time, Defendant Pelley was working for Defendant Allstate. Plaintiffs allege that Defendant Pelley was taking a prescribed dosage of Mirapex for “restle...

Excerpt: ...l Center (collectively, “Sutter”) is granted as follows. Plaintiffs allege Defendants engage in the "illegal practice of dumping vulnerable nursing facility residents into hospitals." (Third Amended Complaint (TAC) ¶ 1.) According to Plaintiffs, Defendants "dump" their neediest residents and, to maximize profits, refuse to readmit them. Such a practice allegedly violates state and federal law, which require "facilities to...

Excerpt: ...f action cannot support punitive damages because the fraud claim is insufficiently pled as argued in its demurrer and thus there is no basis for punitive damages. However, since the Court has concluded that the fraud claim was sufficiently pled, the motion to strike punitive damages is must be denied for the same reasons the demurrer was overruled. (See, e.g. Johnson v. Ford Motor Co. (2005) 35 Cal. 4th 1191.) Fraud is a cause of action which pro...

Excerpt: ...section. Plaintiff has named City in the 1st cause of action for Motor Vehicle Negligence, the 3rd Cause of action for Dangerous condition of public property, and the 4th Cause of action for General Negligence based on alleged failure to maintain the traffic lights. “Except as otherwise provided by statute,” a “public entity is not liable for an injury, whether such injury arises out of an act or omission of the public entity or a public em...

Excerpt: ...ento County Jail, he was treated for injuries allegedly sustained before and after he was arrested. Plaintiff alleges that defendant Candalla, who served as plaintiffs treating nurse through the Sacramento County Correctional Health Services, offered him the medication Naprosyn, even though he told her he was allergic to it. Plaintiff alleges at ¶ 20 of the Complaint that Candalla told him it would take too long to look at his medical records an...

Excerpt: ...es' meal and rest period premiums, overtime, and double time rates of pay because it did not properly account for shift differentials in those calculations. The Complaint also alleges that Defendant failed to provide Plaintiff and similarly situated aggrieved employees with legally compliant itemized wage statements showing the full name of the legal entity that was their employer, the accurate total hours they worked each pay period, the app...

Excerpt: ..., (4) Kin Care Discrimination, (5) Wrongful Discharge in Violation of Public Policy, (6) Wage Statement Violations, (7) Failure to Provide Payroll Records Upon Request, (8) Failure to Provide Personnel File Upon Request, and (9) Unfair Competition. See Shimoda Decl., ¶ 4; Exhibit C. At about the same time, plaintiff provided notice to the LWDA and employer concerning the PAGA claims. Plaintiff eventually became authorized to file a civil action ...

Excerpt: ...��Plaintiff”) failed to comply with CCP § 1005 by filing an untimely opposition on September 4, 2018, only three days before the hearing 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. Nonetheles...

Excerpt: ...perly removed items from the property and failed to repair damage, failed to clean the carpet and left garbage at the property. Plaintiff seeks to add causes of action for intentional and negligent misrepresentation as a result of Defendants' deposition testimony in May 2018 in which he contends they admitted to altering the condition of the property and removed items between the time the property was listed for sale and the time the contract was...

Excerpt: ... for harassment based on gender and mental disability and IIED against Defendant Thomas. Plaintiff was hired as a lab technician in November 2013. Defendant Thomas became his supervisor in February 2014. Plaintiff was promoted to lead lab technician/foreman a position he held until December 2015 when he was demoted back to lab technician as a result of a December 4, 4015 meeting regarding a corrective action he received after accumulating points ...

Excerpt: ... private nuisance, constructive eviction, NIED, negligence and violation of Business & Professions Code § 17200. The action arises from Plaintiffs' tenancy at the Palms Apartment. They allege that their unit suffered from water intrusion which allowed mold to grow and which they contend breached the warranty of habitability. The FAC contained causes of action for negligence per se, constructive eviction, nuisance, violation of Business & Profess...

Excerpt: ...ts Randy David Barnes, Jeri F. Barnes, and Central Valley CDL Services, LLC (collectively, “Defendants”): the 1st for conversion of assets from Folsom Ready Mix ‐ Anderson, the 2nd for conversion of assets from Folsom Ready Mix, Inc., the 3rd for breach of fiduciary duty, the 4th for negligence, the 5th for constructive fraud, the 6th for conspiracy to defraud, the 7th for unjust enrichment, the 8th for imposition of constructive trust, the...

Excerpt: ...to amend in part as set forth below. Defendant's request for judicial notice is granted. In this employment action, Plaintiff alleges FEHA related causes of action for disability discrimination, retaliation, failure to accommodate and failure to engage in the interactive process. She also alleges a cause of action for wrongful termination in violation of public policy. The Court has twice previously sustained Defendant's demurrer with leave to am...

Excerpt: ...984) 153 Cal.App.3d 902, 905.) The Court cannot consider the extrinsic evidence on a demurrer. (See, e.g. Ion Equipment Corp. v. Nelson (1980) 110 Cal. App. 3d 868, 881; Hibernia Savings & Loan Soc. v. Thornton (1897) 117 Cal. 481, 482.) Although a court is authorized to take judicial notice in connection with a demurrer ( Code Civ. Proc., § 430.30, subd. (a)), it may not judicially notice the truth of assertions in declarations or affidavits fi...

Excerpt: ...lace on September 19, 2018. 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 September 19, 2018. Plaintiff Frank Lee Dearwester shall be available, by COURTCALL, to participate in oral argument on the continuance date. Defendant's Request for Judicial Notice is granted. This cases arises f...

Excerpt: ...this action is granted. The Court previously granted, with leave to amend, the motion for judgment on the pleadings filed as to the Original Complaint. The Court found that the allegations of the Complaint were not sufficient to allege that the individual defendant, Joon Kong, was plaintiff's employer. Defendants contend that the FAC has not cured the defects and that no viable cause of action is alleged against Defendant Joon Kong. Plaintiff...

Excerpt: ... Center d/b/a Cost‐U‐Less Insurance Center ("Cost‐U‐Less"), as a broker of insurance policies, allegedly engages in the systematic practice of issuing entirely new and superfluous policies to obtain broker fees when Plaintiffs only required a simple amendment to a previously issued policy. The FAC also alleged claims regarding allegedly unlawful deposits charged by defendants when policies were purchased. The Complaint was filed A...

Excerpt: ...fees between Plaintiffs and Defendant. The Court notes that it granted Defendant's special motion to strike Plaintiffs' complaint on August 2, 2018. Defendant's cross‐complaint for conversion, fraud and money had and received remains pending. Plaintiffs move to disqualify Defendant's counsel on the basis that counsel has an irreconcilable conflict of interest after appearing in Plaintiff William Palmer's divorce proceeding and acting as the set...

Excerpt: ... 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." As seen from the moving papers, Plaintiff and Defendant Mickey Iliescu entered into a settlement agreement in December 2016 providing that Defendant was to pay Plaintiff a total of $113,000 according to a detailed payment sc...

Excerpt: ... 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 1268, 1276; Van Bronkhorst v. Safeco Corp. (9th Cir. 1976) 529 F.2d...

Excerpt: ... Kia moves to strike punitive damages and the request for Civil Penalties in connection with the Third Cause of Action. Kia argues that punitive damages are not available under the Song‐Beverly or Magnuson Moss Acts. Kia also argues that the fraud cause of action cannot support punitive damages because the fraud claim is insufficiently pled as argued in its demurrer and thus there is no basis for punitive damages. However, since the Court has c...

Excerpt: ...to a demurrer no later than the date the opposition to the demurrer is due. (CCP § 472(a).) The opposition was due on August 27, 2018 and no stipulation has been presented to the Court. The Court therefore strikes the first amended complaint filed on August 31, 2018, on its own motion. The Clerk is directed to strike the first amended cross‐complaint. Defendant's request for judicial notice is granted. In this employment action Plaintiff alleg...

Excerpt: .... Defendants Select Portfolio Servicing, Inc.'s (“SPS”) et al.'s demurrer to Plaintiff Cherrone Peterson's complaint is sustained without leave to amend. This matter was continued from July 24, 2018 to allow Defendants to comply with CCP § 430.41. They have now done so. 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....

Excerpt: ... New Penn Financial, LLC dba Shellpoint Mortgage Servicing's (“Shellpoint”) demurrer to Plaintiffs Nikolay and Tatyana Martynov's complaint is ruled upon as follows. Shellpoint's 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 s...

Excerpt: ...August 29, 2018. Defendant Volt Management Corp.'s demurrer to Plaintiff Maria Barraza's second amended complaint (“SAC”) is overruled in part and sustained without leave to amend in part as set forth below. Defendant's request for judicial notice is granted. In this employment action, Plaintiff alleges FEHA related causes of action for disability discrimination, retaliation, failure to accommodate and failure to engage in the interactive pro...

Excerpt: ...er than 4 p.m. on August 29, 2018. Defendants The Regents of The University of California (“UC”), Gregory Sokolov, M.D. and Andrea Javist's motion for summary judgment, or in the alternative, summary adjudication, is granted. Defendants' request for judicial notice is granted. In this employment action, Plaintiff Jessica McNary who was a licensed vocational nurse with the UC, alleges FEHA causes of action for failure to accommodate, failure t...

Excerpt: ...the same no later than 4 p.m. on August 29, 2018. Plaintiff/Cross‐Defendant Rosca Enterprises, Inc.'s motion to enforce arbitration agreement and stay claims pending arbitration is denied. Defendants Tyler and Kristina Rist's request for judicial notice is granted as to the complaint and cross‐complaint. The Court denies the request to take judicial notice of an unpublished appellate court decision which may not be relied upon by Defendants. ...

Excerpt: ...m. on August 29, 2018. Self‐represented Plaintiff's motion to “set aside default and default judgment” is denied. Defendants' request for judicial notice is granted. Pursuant to CCP § 473(b), Plaintiff moves to set aside the Court's order granting Defendants Patrick and Nancy DeAlva's anti‐SLAPP motion on July 18, 2018. The formal order was entered on August 3, 2018. A brief procedural history is necessary. Initially, Defendants' anti‐...

Excerpt: ...han 4 p.m. on August 29, 2018. Defendant Sunrise Recreation and Park District's (“District”) demurrer to Plaintiff Beverly Becker's first amended complaint is ruled upon as follows. This matter was continued from July 24, 2018 to allow the District to comply with CCP § 430.41. It has now done so. District's request for judicial notice is granted. In this action Plaintiff alleges two causes of action against the District for Dangerous Conditi...

Excerpt: ... 2018. Defendant's unopposed demurrer to self‐represented Plaintiff Stephanie Mammen's second amended complaint (“SAC”) is ruled upon as follows. This matter was originally set for July 27, 2018. The 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 leav...

Excerpt: ...sed, taken as a concession to the merits (D.I. Chadbourne, Inc. v. Superior Court (1964) 60 Cal.2d 723, 728, fn. 4 [where nonmoving party fails to oppose a ground for a motion “it is assumed that [nonmoving party] concedes” that ground].), and is sustained without leave to amend for failure to state facts sufficient to constitute a cause of action. On April 19, 2018 the court sustained the demurrer of defendant Anne Marie Schubert's, with...

Excerpt: ...ulton Avenue Used Car location for approximately 6 months starting on January 19, 2016. She initially sought a two week leave of absence starting July 1, 2016 to recover from major knee surgery. On July 8, 2016, Plaintiff sent Hertz an email requesting an extension of the leave of absence until October 1, 2016, or "until further notice." Defendant told her that they could not hold her position open for three months, and Plaintiff was term...

Excerpt: ...ice 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 except to the extent such facts are beyond reasonable dispute. (See...

Excerpt: ...ut of the case in April 2018 and plaintiff is now self‐represented. Defendant Select Portfolio Servicing, Inc. ("SPS") is the loan servicer. On December 18, 2017, a Notice of Default ("NOD") was recorded. (FAC, Exhibit S.) A balance of $117,579.25 is owed on the loan. Plaintiff alleges that moving party interfered with her efforts to get relief from the "Keep Your Home California" ("KYHC") principal forgiveness p...

Excerpt: ... suffered gender discrimination, harassment and retaliation stemming from her perceived entitlement to a promotion to an Attorney IV position. She further alleges whistleblower retaliation and fraud against CDE and her coworker/ supervisor Defendants. Defendants contend this action will require extensive document productions, which will include confidential and privileged information relating to the allegations within Plaintiff's First Amende...

Excerpt: ...or summary adjudication, the court need rule only on those objections to evidence that it deems material to its disposition of the motion.]) The Court notes that only URC's one objection to evidence, filed separately with its reply, complies with Cal. Rules of Court Rule 3.1354(b). The Court declines to rule on the remaining objections by URC due to their lack of compliance with the rule of court. This is a negligence and dangerous condition ...

Excerpt: ...ch denied Petitioner's motion for relief from Government Code section 945.4 on the ground that Petitioner's purported mistake of law or neglect was insufficient to support the claim for relief. Petitioner now moves for reconsideration of that Order on the grounds that she “has facts with evidence that [she] would like to present.” (Motion at 2:8‐9.) Petitioner then asserts she had started and continued filing complaints with the Departm...

Excerpt: ...icial 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 except to the extent such facts are beyond reasonable disp...

Excerpt: ...y have now done so. In this action, Plaintiffs allege four causes of action for breach of written contract, conversion, negligence/negligent misrepresentation, and “emotional distress.” The case involves a dispute regarding the rental of a storage unit. The Court previously sustained Defendants' demurrer to the original complaint on February 14, 2018 and the first amended complaint on April 20, 2018. (ROA 24, 45) As was the case with the prev...

Excerpt: ... 4:00 p.m on August 24, 2018, to notify the clerk of the new date. The clerk is instructed to forthwith fax this tentative ruling to the litigation coordinator. The litigation coordinator for Plaintiff Crosby shall arrange for a court call for the required appearance on August 27, 2018. Mr. Crosby shall be available by COURTCALL, to participate in oral arguments. Defendants Yulanda Mynhier and R. Steven Tharratt's (collectively, “Defendants”)...

Excerpt: ...��beam guard rails on various sections of roadway. Plaintiff filed its form complaint on August 11, 2016, alleging two causes of action for breach of contract and two causes of action for common counts. Plaintiff alleges Defendant failed to make payment to it within 30 days of its final invoices for the two jobs, job numbers 06‐0H2504 (“Contract 1”) and 07 ‐266404 (“Contract 2”). Defendant moves for summary judgment on the ground that...

Excerpt: ...ed and Plaintiff has withdrawn Dr. Hwang as a non‐retained expert. Both parties designated Dr. Hwang as a treating non‐ retained expert in June of 2018. (Simerly Decl., Exhs. B, C.) On June 29, 2018, Defendant noticed Dr. Hwang's deposition for July 9, 2018, the last date to complete non‐expert discovery. (Simerly Decl., Exh. D.) Dr. Hwang's office then informed Defendant that Dr. Hwang was not available on July 9, but would be available on...

Excerpt: ...aintiff filed her FAC on May 29, 2018, alleging the following seven causes of action: (1) race discrimination (FEHA); (2) gender discrimination (FEHA); (3) retaliation (FEHA); (4) aiding and abetting (FEHA); (5) harassment (FEHA); (6) failure to prevent harassment, discrimination, and retaliation (FEHA); and (7) IIED. Defendant demurs to the entire FAC on the grounds it is uncertain. Defendant also demurs to each cause of action on the ground tha...

Excerpt: ...ering, cooling system and brakes, Plaintiff seeks to compel Defendant to provide full and complete responses to certain requests for production (set one). Requests nos. 11, 23 ‐27, 32‐35, 40‐43, 48‐51, 64, 73, 82, and 91 relate to Defendant's investigations and analysis regarding the defects. Requests 10, 14, 15, 101‐106, and 119 relate to Defendant's warranty and repurchase policies. Defendant interposed numerous objections to the requ...

Excerpt: ...‐and‐hour misclassification action, Plaintiff, a licensed dentist, alleges he was improperly classified as an exempt employee. Plaintiff alleges causes of action for failure to pay overtime, failure to pay piece‐rate wages, failure to pay all wages upon termination, failure to provide meal and rest periods, violation of Business & Professions Code section 17200 et seq., conversion, and declaratory relief. Plaintiff now moves to compel furth...

Excerpt: ...lid cause of action, fails to state facts sufficient to constitute any cause of action against these demurring parties, and is uncertain. Moving parties ("Alley") inherited the property located at 702 Sutter Street in Folsom, California, ("the premises") that was being leased by Hacienda Del Rio, Inc. pursuant to a commercial lease agreement. Defendants became Plaintiffs' landlord under the lease. (SAC, ¶ 8.) On March 23, 201...

Excerpt: ...le, by COURTCALL, to participate in oral argument on the continuance date. Defendant Yulanda Mynhier and R. Stephen Tharatt M.D.'s Demurrer to the 1st amended complaint is unopposed, taken as a concession to the merits, and is sustained without leave to amend for failure to state facts sufficient to constitute a cause of action. The Court previously sustained the demurrer to the Original Complaint, with leave to amend. The defects have not be...

Excerpt: ...filed a motion to change venue. David Moon, A Partnership, was not a moving party on that motion and therefore had not made a general appearance. After the motion to change venue was denied without prejudice for lack of proper notice, plaintiff requested a default against David Moon, a Partnership. The clerk entered the default of the partnership on July 6, 2018. The Request for Entry of Default as to David Moon, a Partnership, was not improper. ...

Excerpt: ...4, 2018. Defendant EMSA has never been served with the summons and complaint. Defendant contends that the Court scheduled a case management conference for September 21, 2017 and ordered Plaintiff to appear and show cause why the case was not proceeding to trial. The Court continued the case management conference and hearing on order to show cause several times. EMSA did not appear. Counsel for defendant states Plaintiff's counsel Michael Oppe...

Excerpt: ...ule 1.06(D). Counsel for Plaintiff is directed to contact defense counsel forthwith and advise of Local Rule 1.06 and the Court's tentative ruling procedure. If counsel for moving party is unable to contact the other counsel prior to the hearing, counsel for Plaintiff shall be available at the hearing, in person or by telephone, in the event any party appears without following the procedures set forth in Local Rule 1.06(B). Through this motion, P...

Excerpt: ...rtin Luther King Jr. Village Apartments located at 3900 47th Avenue in Sacramento, California (the "MLK Village"). (FAC ¶ 6.) As the property owner, Mercy Housing California XXVI, LP has no staff or employees on the property and is not involved in the MLK Village's day‐to‐day operations. Instead, Mercy Housing California XXVI, LP contracts with: (1) Mercy Housing Management Group, Inc. to provide property management services at t...

Excerpt: ...set one, is GRANTED in part and DENIED in part. This is an elder abuse action arising out of plaintiff Barbara Lovenstein's residency at Defendants' Eskaton Fountainwood Lodge residential care facility. Plaintiffs allege that Ms. Lovenstein was improperly administered medication that resulted in her death on April 11, 2012. Robin Hutcheson, as successor in interest on behalf of Lovenstein, and Charles, sued defendants. In their first amen...

Excerpt: ...iff's minor daughter was a passenger in her vehicle at the time of the accident and is also a named Plaintiff. The Court appointed Plaintiff as her daughter's guardian ad litem on May 19, 2016. Plaintiff was represented by counsel until counsel's motion to be relieved was granted on February 1, 2018. The trial in this matter was originally set for January 8, 2018, then continued to February 26, 2018. After Plaintiff's counsel withdrew, th...

Excerpt: ...ewing DOC contracts with third parties. (Id., 5.) In or around August 2015, DOC entered into a consulting contract with Alexan International, Inc., an information technology contractor specializing in database architecture. (Id., 8.) Alexan recommended a software system created and owned by the Ground Water Protection Council (GWPC), a nonprofit composed of state agencies regulating ground water within their respective states. (Id., 9.) At that t...

Excerpt: ...ember 23, 2003, Plaintiff Oleg Beknazarov ("Plaintiff') and non‐party Irina But obtained a loan in the amount of $148,000.00 ("the Loan"), the repayment of which was secured by a Deed of Trust ("Deed of Trust") recorded against certain real property located at 7716 Rudyard Circle, Antelope, California 95843. Plaintiff alleges that Fay Servicing, the current servicer since May of 2018, is violating the Homeowner's Bil...

Excerpt: ...n drainage fees collected by the City. The City entered into drainage agreements with development companies Alleghany and defendant Beazer Homes Holding Corp. (“Beazer”) in connection with their work on common drainage facilities, which entitled either or both of them to reimbursement of their construction costs. Beazer and Alleghany are the only claimants to the Fund. The City has been discharged from the action. On December 9, 2009, the Cou...

Excerpt: ...gically resulted in Chris Yuan's death (“Decedent”). The Decedent's family and friends brought this suit against the Legends and its property management company, Jalson Col. Inc. dba Gerson Baker & Associates (together, “GBA”), JAD, and others. Legends and GBA filed a CrossComplaint against several parties, including JAD. In relevant part, the CrossComplaint alleges a cause of action against JAD for express indemnity. (Walker Decl. Ex. A....

Excerpt: ...t, a “bare bones” motion which sets forth the ground of good faith, accompanied by a declaration which sets forth a brief background of the case is sufficient. City of Grand Terrace v. Superior Court (1987) 192 Cal. App. 3d 1251, 1261 On August 2, 2018, a "Notice of Settlement of Entire Case" was filed with the court. Nonetheless, it is a "conditional settlement." The court would further note the pending stipulation and order ...

Excerpt: ...o the medical battery cause of action. Defendant moves to strike allegations in the Second Amended Complaint (“SAC”) that assert or imply Defendant's actions were sexual in nature. Specifically, Defendant moves to strike the following: 1) All usage of the phrase "grab, grope, fondle, caress, physically touch, hold, and handle" (SAC ¶¶1, 8, 13, 14, 15, 16, 21, 22); 2) All usage of the word "sexually” (SAC ¶¶ 17, 27, 30, 32); ...

Excerpt: ...a VSS Emultech's (“Plaintiff”) request for judicial notice is GRANTED. Plaintiff filed its original complaint on March 12, 2018. Defendants demurred to the complaint and the Court sustained the demurrer with leave to amend. Plaintiff filed its First Amended Complaint on April 16, 2018. Defendants demurred again on the grounds that the claims are barred by the applicable statute of limitations set forth in CCP § 335.1. The Court sustained the...

Excerpt: ...ty is by an easement that runs through Defendant's property. Plaintiffs allege that Defendants often have guests over who block Plaintiffs' access to their property, but that Defendant refuses to remedy the situation. Plaintiffs further allege that Defendant has repeatedly filed false complaints against Plaintiffs with the Sacramento Sheriff's Department, and that during one altercation between Defendant and Debora Kirkwood, Defendant ran over Ms...

Excerpt: ... into a school bus, causing the bus to roll over. Plaintiff Gerald Austin, Sr. was serving as an attendant on the bus at the time of the collision and was injured. Plaintiffs filed their original complaint on August 2, 2017, alleging motor vehicle and general negligence. Plaintiffs filed their First Amended Complaint on October 19, 2017, alleging motor vehicle, general negligence, and loss of consortium. The Court consolidated Plaintiffs' case wi...

Excerpt: ...eging six causes of action against Defendant. Plaintiff filed her First Amended Complaint (“FAC”) on January 2, 2018, alleging eight causes of action against Defendant. The parties stipulated to allow Plaintiff leave to file the SAC, which is the subject of this instant motion. Plaintiff filed the SAC on May 31, 2018, alleging the following eight causes of action against Defendant: (1) violation of the Fair Pay Act (Equal Pay Act) based on se...

Excerpt: ... 4:00 p.m on August 24, 2018, to notify the clerk of the new date. The clerk is instructed to forthwith fax this tentative ruling to the litigation coordinator. The litigation coordinator for Plaintiff Crosby shall arrange for a court call for the required appearance on August 27, 2018. Mr. Crosby shall be available by COURTCALL, to participate in oral arguments. Defendants Yulanda Mynhier and R. Steven Tharratt's (collectively, “Defendants”)...

Excerpt: ...D. CSG's Request for Judicial Notice (“RJN”), which attaches prior court filings in this action (Exhs. A‐C), is unopposed and is GRANTED. Code of Civil Procedure §§ 1209 et seq. provides this Court with the power to punish acts which are in “disobedience of any lawful . . . order of the court.” (Code Civ. Proc. § 1209(a)(5); see also Pacific Telephone and Telegraph Co. vs. Sup. Ct. (1968) 265 Cal.App.2d 370 (section 1209 contempt pro...

Excerpt: ...ts including open book and account stated. This matter was originally set for trial on July 6, 2018. On June 12, 2018, Judge De Alba granted Wells Fargo's Ex Parte Application to Continue Trial, and set August 24, 2019 as the new trial date. (Register of Actions (“ROA”) No. 17, 24‐25.) Defendant Maria Mejia (“Defendant” or “Mejia”) filed an Answer styled as a “General Denial” on May 17, 2017. On January 17, 2018, the Court grant...

Excerpt: ...a Rockholt's (“Plaintiff”) Second Amended Complaint (“SAC”) is OVERRULED. This is an employment dispute wherein Plaintiff alleges wrongful termination in violation of public policy, wage and hour claims, unfair competition, and negligent supervision. The SAC includes an Eleventh Cause of Action seeking remedies under the Private Attorney General Act [PAGA]. (SAC at 27‐29.) Plaintiff alleges that she worked for Defendants between March 2...

Excerpt: ...e), as well as common counts for account stated and book account. ( See generally, Complaint (Register of Actions (“ROA”) 1.) The allegedly‐breached Promissory Note is attached as Exhibit A to the Complaint. The Promissory Note is dated September 5, 2012, and reflects in part that for “value received,” Plaintiff loaned Defendants a lump sum of $145,000.00, to be “repaid in 144 consecutive monthly installments of interest only on the f...

Excerpt: ...urants throughout Northern California, from October 2016 through August 2017 as a non‐exempt employee. Plaintiff filed his action on November 20, 2017, alleging a single claim under the California Labor Code Private Attorneys General Act of 2004 (“PAGA”). Plaintiff asserts claims for failure to provide legally complaint meal and rest periods, failure to issue complete wage statements, failure to pay all wages due and owing upon separation o...

Excerpt: ...ion Code §§ 18670 and 18674 regarding Real Party In Interest Malcolm McKinney's outstanding tax liability in the amount of $837.77. On June 21, 2018, the District Attorney deposited the sum of $24,026.58 with this Court in response to the Franchise Tax Board's order to withhold. The Court clerk is instructed to disburse $837.77 of the amount deposited with the Court to the State of California Franchise Tax Board. The Court clerk is instructed t...

Excerpt: ... Plaintiff served the subject discovery on Defendant on February 9, 2018. After receiving a 30 day extension of time to respond, Defendant provided unverified responses on April 16, 2018. “Unsworn responses are tantamount to no responses at all." (Appleton v. Superior Court (1988) 206 Cal.App.3d 632, 636.) Plaintiff requested verifications from Defendant on April 25, 2018, and again on July 10, 2018. At the time this motion was filed, Plain...

Excerpt: ...ion for negligence, breach of implied warranty of habitability, negligent maintenance of premises, maintenance of a nuisances, and wrongful eviction, all relating to a substandard four‐plex residential rental unit. Plaintiffs mail‐served each defendant with their first set of written discovery on March 14, 2018. Defendants served response on April 17, 2018, which consisted of objections in response to each discovery request. During the meet a...

Excerpt: ...Sacramento, California (the “Jefferson Property"). Plaintiff filed his complaint for “preliminary and permanent injunctions, and for damages” on June 7, 2018. Plaintiff alleges Defendants failed to pay him for the services he rendered in connection with the Jefferson Property. Defendants now move to compel arbitration pursuant to the terms of a General Partnership Agreement entered into by and between Plaintiff, Defendants, and two othe...

Excerpt: ... to state facts sufficient to constitute a cause of action. On April 19, 2018 the court sustained the demurrer of defendant Anne Marie Schubert's, without leave to amend, to the complaint filed by self‐represented plaintiff Dwyane Burgess. The complaint commences with the following recitation: "Now Comes Aggrieved party (U.C.C. §1‐201(2)) Dwayne Lamont Burgess (hereinafter Aggrieved party), Sui Juris, Secured Party (U.C.C. §9‐105)...

Excerpt: ...ments filed by respondents are therefore not being considered. Moreover, there is no legal basis set forth in the documents that would constitute a valid opposition to the petition. Therefore, the Petition is granted. Petitioner has filed a petition for Order Striking and Releasing Lien or Other Encumbrance on Property of Public Officer or Employee pursuant to CCP §§765.010‐ 765.060. CCP 765.010 provides in pertinent part: (b) A person shall ...

Excerpt: ... Hawkins in exchange for $100,000 per year payable monthly. Defendant Vrame is the Managing Member of Defendant Conservation Resources, LLC. Plaintiff alleges a breach of contract and fraud claim. Plaintiff alleges that in January of 2012, he was hired by defendant Vrame as a consultant with CRLLC, earning $100,000 per year. In exchange for the payment of $ 100,000 per year, plaintiff was to provide consulting services on various projects under t...

Excerpt: ...mmary judgment or summary adjudication may demonstrate that the plaintiff's cause of action has no merit by showing that (1) one or more elements of the cause of action cannot be established, or (2) there is a complete defense to that cause of action. (Code Civ. Proc. § 437c(f)(2), (p)(2); Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 843, 849.) This showing must be supported by evidence, such as affidavits, declarations, admissio...

Excerpt: ...ourt Fees" limited resources, unable to pay." This is an action for money damages arising from a credit card account. The complaint has common count causes of action including open book account, account stated, money lent by plaintiff to defendant at defendant's request, for money paid, laid out, and expended to or for defendant at defendant's special instance and request, and unjust enrichment. Defendant does not deny any allegat...

Excerpt: ...tion. Defendants' Request for Judicial Notice is granted. The instant motion seeks an award of the City's attorney's fees incurred on the most recent appeal. The Remittitur to the Trial Court Clerk issued on May 29, 2018. This motion for contractual attorney's fees is timely under California Rules of Court, rule 3.1702(c)(1), which provides that a motion to claim contractual attorney fees on appeal must be served and filed within ...

Excerpt: ...cts within the judicially noticed documents except to the extent such facts are beyond reasonable dispute. (See Poseidon Devel. 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 of the fact of a document's recordation, the date the document was recorded and executed, the parties to the transaction reflected in the recorded document, and the docum...

Excerpt: ... schedule to begin on February 27, 2018. The parties then stipulated to continue the trial, and on February 7, 2018, the Court continued the trial date to June 26, 2018. On June 15, 2018, Plaintiff substituted his former counsel, Mr. Patrick, for his current counsel, Christopher J. Fry. Four days later, on June 19, 2018, Mr. Fry filed an ex parte application in Department 47 before Judge De Alba to continue trial and related dates. On June 20, 20...

Excerpt: ...ing, the Court asked the parties to discuss the subpoena issue. Thereafter, the parties agreed to limit the subpoenas to the body parts at issue in the action (Plaintiff's spine, neck, back, shoulders, lower extremity symptoms and sciatica). CSAA then reissued the subpoenas to Sutter Physicians Services and Sutter Medical Foundation seeking Plaintiff's medical records regarding the body parts at issue. The subpoenas do not contain any applicable ...

Excerpt: ...Plaintiff and Defendant, acting as an employee at the time of defendant La Tapatia Tortilleria, Inc.. Plaintiff served Defendant with its first set of document requests on January 25, 2018. Defendant served responses on May 2, 2018. After meet and confer efforts failed, Plaintiff now moves to compel a further response to Request for Production Number 6, which seeks “Any and all Document(s) in your possession, custody, or control that contain wi...

Excerpt: ...t for judicial notice is granted. Factual and Procedural Background This action arises out of the plans of CDE4 and its members, Plaintiff and CH4 Power, to plan, develop, permit, and profit from a biogas project in Fresno County. Specifically, CDE4 was going to build an anaerobic digester for California dairy farmers. In 2016, CH4 sought investors to partner with to build and maintain the anaerobic digesters. In exchange, among other things, inv...

Excerpt: ...der. Defendants' request for judicial notice of the Court's prior Minute Orders is granted. Factual and Procedural Background As the facts of this case are well known to the Court, they receive summary recitation here. Plaintiff Garvey Equipment Company (“Plaintiff”) and RKU each submitted bids on two separate tree chipper contracts in response to the following California Department of General Services' (“DGS”) invitation for bids: IFB 62...

Excerpt: ...issal of the Third Amended Complaint on January 23, 2018 (ROA 527). On April 5, 2018, in Department 54, Judge Rodda denied the motion to vacate the voluntary dismissal in that case, finding that the "attorney neglect" upon which the motion was based did not fall under the mandatory fault provisions of CCP 473. After Plaintiff's motion to vacate his voluntary dismissal [which was filed without prejudice] was denied, he filed this case,...