Excerpt: ... residence during his eviction the previous day. The incident occurred on November 28, 2012. Plaintiffs are decedent's wife, Tina Marcum, and son, Roy Steven Marcum. Plaintiffs' complaint was filed on November 25, 2014, and alleges causes of action for wrongful death on behalf of each of the Plaintiffs against defendants Joseph Francis Corey, Citibank, Tracy Ramirez, Sal Ramirez, and Does 1 through XX, inclusive. (ROA 1.) On June 7, 2017, Plainti...

Excerpt: ...Tutto's motion, Hot Italian raised the argument that Tutto lacked the capacity to participate in this action because its current entity status is “FTB Suspended.” The California Secretary of State's online business portal did, at the time the opposition was filed, reflect that Tutto's status as “FTB Suspended.” (Hot Italian's RJN Exh. H.) California law provides that if a corporation fails to pay taxes, penalties, interests, or any liabil...

Excerpt: ...lated contracts were signed in Sacramento before a notary. Plaintiff demurs to the third, fourth, fifth, sixth, seventh, and eighth affirmative defenses on the grounds each fails to state facts sufficient to constitute a defense and fails to specify whether the contract or agreement referenced in the affirmative defense is a written or verbal contract. Plaintiff contends the affirmative defenses at issue all rely on a series of verbal representat...

Excerpt: ...ections to Cal Casualty's first set of written discovery, including special interrogatories, requests for production of documents, and form interrogatories. (ROA 7.) Dixon was ordered to serve the responses no later than December 31, 2019. Dixon has failed to comply with the Court orders and Cal Casualty now moves for terminating sanctions. For misuse of the discovery process, including as is the case here, disobeying a court order to provide dis...

Excerpt: ...ituted as Plaintiff in November 2017. Jody Parks passed away on March 17, 2019 and Casey Darr, the son of George and Jody Parks was substituted in as he successor in interest on October 17, 2019. The order granting the motion to substitute successor in interest stated that Nate Parks was also a successor in interest and that he agreed in his declaration to the substitution of Mr. Darr as "the" successor in interest. (Minute order October 17, 2019...

Excerpt: ...ancy; (3) failure to prevent discrimination; (4) failure to accommodate; (5) failure to engage in the interactive process; (6) retaliation; (7) wrongful termination in violation of public policy; (8) violation of Labor Code § 1197.5; and (9) defamation. Defendants have presented evidence that on March 8, 2018, Plaintiff Tiffany Kamerman‐Kretzmer, D.O., a physician, ("Plaintiff') and Pediatrix Medical Group of California, A.P.C. ("Pediatrix") a...

Excerpt: ...ty against Defendant Anu Arora ("Arora"). On January 27, 2020, following the granting of the motion for summary judgment, the Court entered the judgment in the amount of $128,198.95 for plaintiff against defendants. The order stated in part that "Plaintiff is the prevailing party and is entitled to attorney's fees and costs in an amount according to proof as allowed by law." (See ROA 43 and 44) Pursuant to the order finding plaintiff to be the pr...

Excerpt: ...ise its discretion and control over all proceedings relating to the litigation before it." (Johnson v. Banducci (1963) 212 Cal. App. 2d 254, 260) and thus retains discretion to continue hearings on motions, if it is based on a reasoned judgment (Forthmann v. Boyer (2002) 97 Cal. App. 4th 977, 984). Self‐represented Plaintiff Christopher Gustard filed a complaint for “declaratory and injunctive relief.” The gist of the complaint is premised ...

Excerpt: ...e Court issued a further minute order on January 14, 2020, again continuing this matter on the Court's own motion to March 10, 2020, and again ordering the parties to appear before Judge Davidian in the Settlement Department to address the issues raised by this motion. The parties were ordered to appear on February 19, 2020. The parties appeared before Judge Davidian in the Settlement Department on February 19, 2020, but were unable to settle the...

Excerpt: ...yee pressure washing the entrance area at the front of the Winco store. After her fall she reported her fall to Winco and a Winco employee took a report. CityWide propounded a request for production of documents on Winco requesting surveillance videos and documents related to Plaintiff including any statements made by Plaintiff and any reports made by Winco. Winco agreed to produce a video and a photo in response to RFP 1. As to the other request...

Excerpt: ... they were deposed between April and June 2016 and because the depositions would be duplicative. Generally, once any party has taken the deposition of any natural person, including that of a party to the action, neither the party who gave nor any other party who received notice of the deposition may take a subsequent deposition of that deponent without leave of court. Pursuant to CCP § 2025.450(a), where a deposition notice has been properly ser...

Excerpt: ...set forth in the ruling, the proof of service on the motion indicated that Defendant unsuccessfully attempted to personally serve Plaintiff [counsel's office] on November 27, 2020 and plaintiff was served by mail and email that same day. The Court noted that there was no notice in the Court's file indicating that any party agreed to accept service electronically but even if there were, service of the motion on November 27, 2019 was only 76 days b...

Excerpt: ...on as required by CCP 430.41. The First Amended Complaint ("FAC") alleges that in April 2018, Mr. Gadbois and South Coast Heliocopters ("SCH") entered into an employment contract in which Mr. Gadbois agreed to perform services for SCH as a helicopter pilot and general manager in return for compensation in the form of wages and benefits. In late April 2018, SCH entered into a contract with CalFire through which SCH agreed to provide aerial support...

Excerpt: ... for Department 53 of the Sacramento County Superior Court is 813 6th Street, Sacramento, California 95814. Defendants shall notify Plaintiffs immediately. Additionally, the notice of motion does not provide notice of the Court's tentative ruling system as required by Local Rule 1.06(D). Defendants are ordered to notify Plaintiffs immediately of the tentative ruling system and to be available at the hearing, in person or by telephone, in the even...

Excerpt: ...ed 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 1268, 1276...

Excerpt: .... Arnold are sustained. The Court notes that even if the objected to evidence was considered, it would not alter the Court's analysis. This action arises from injuries that plaintiffs Inessa Bailey (“Bailey”) and Fitchie allegedly received as a result of a traffic collision that occurred at the intersection of 19 th Street and Q Street in Sacramento on July 19, 2017, at approximately 5:00 p.m. Plaintiff Bailey has dismissed her Complaint agai...

Excerpt: ... public property while closing part of a roadway while a CDCR inmate crew worked on the sides of the road to perform weed abatement. Officer Nader Saca was supervising the crew at the time. Plaintiff Maria Luisa Hills walked on foot on the roadway, where she was subsequently struck by a car driven by Defendant Carolyn Vodoklys. Both the CDCR and the City claim the other party was responsible for providing traffic control at the scene of the accid...

Excerpt: ...mproperly deducted amounts from his commissions, failed to provide him commissions on certain jobs, and failed to provide him information to verify GCCR's commission totals. Plaintiff's commissions were based upon a percentage of the approved costs covered by the insurance companies, minus rebates and credits offered by plaintiff to induce homeowners to enter into the contract. For the third time, Plaintiff seeks further responses and production ...

Excerpt: ...which defendant DGS leased property located at 9855 Compagnoni Street, Bakersfield, California from Bakersfield CHP LP ("Lease"). Bakersfield CHP, LP, as owner and lessor, was to contract for the development of certain improvements on the property in accordance with the "Facility Design Program" and "Outline Specifications" provided by DGS and attached as exhibits to the Lease. CHP would occupy the improved property, paying lease payments beginni...

Excerpt: ...imum wages, failing to provide compliant meal period and rest periods and associated premium pay, failing to timely pay wages during employment and upon termination of employment, failing to provide compliant wage statements, failing to maintain requisite payroll records, and failing to reimburse necessary business expenses, and thereby engaged in unfair business practices under California Business and Professions Code section 17200, et seq. Plai...

Excerpt: ...he first cause of action alleges (premises liability) in pertinent part, "Plaintiff was lawfully on Defendants' premises, located at or about 4401 Broadway, Sacramento, California 95817, when suddenly and without notice, Plaintiff slipped and fell on an liquid substance, believed to have been a raw egg, that presented a dangerous condition. ..." (Id. p. 4). The Court very reluctantly has considered Plaintiff John Cooks' opposition to the motion f...

Excerpt: ...iability) in pertinent part, "Plaintiff was lawfully on Defendants' premises, located at or about 4401 Broadway, Sacramento, California 95817, when suddenly and without notice, Plaintiff slipped and fell on an liquid substance, believed to have been a raw egg, that presented a dangerous condition. ..." (Id. p. 4). The Court very reluctantly considered Plaintiff John Cooks' opposition to the motion filed only six court days prior to the hearing an...

Excerpt: ...rters. On February 21, 2020, this Court denied Plaintiff's motion to compel CDCR's further responses to certain Requests for Production seeking “Print‐outs of any and all CMS entries for Office of Internal Affairs Case No. H‐OIA‐ 005‐16‐A” and “Print‐outs of any and all CMS entries for Office of Internal Affairs Case No. H‐SEC‐003‐ 17‐D.” These are both investigations into Plaintiff. The Court denied the motion only on...

Excerpt: ...ligent misrepresentation, cancellation of a voidable contract, violation of Bus. & Prof. Code § 17200, intentional misrepresentation, violation of Civil Code § 3294(c)(3), violation of Civil Code §§ 2924.12 and 2924.17, cancellation of written instruments, slander of title, quiet title, declaratory relief and injunctive relief. Plaintiffs allege that they obtained a mortgage from Paul Financial, LLC on March 20 2007 in the amount of $546,850....

Excerpt: .... CSC alleged that GSOP breached a construction contract by not having adequate plans, failed to complete change orders, used unlicensed contractors, interfered with its performance and diverted work and payment to unlicensed contractors. (Comp. p.3 ¶ BC‐2.) CSC also alleged that GSOP breached the contract by failing to arbitrate the dispute pursuant to the provision in the contract requiring AAA mediation and them arbitration. (Comp. p.4 ¶ B...