Excerpt: ...and others. Plaintiff Farhad Hojatoleslami and Defendant Fatemeh are brother and sister. Plaintiffs allege that in February 2000, Plaintiff Farhad Hojatoleslami entered into an oral agreement with Defendants to form a company using funds from his property in Novato (“Novato Property”) to purchase three lots in Fair Oaks (“Fair Oaks Property”). According to the alleged agreement, Plaintiff Farhad Hojatoleslami worked in Defendants' gas sta...

Excerpt: ...LLC (2013) 2013 Cal.App.4th 772, "we know of no 'official Web site' provision for judicial notice in California." (See L.B. Research & Education Foundation v. UCLA Foundation (2005) 130 Cal.App.4th 171, 180, fn. 2.) "Simply because information is on the Internet does not mean that it is not reasonably subject to dispute." (Huitt v. Southern California Gas Co. (2010) 188 Cal.App.4th 1586, 1605, fn. 10.) In this elder abuse ...

Excerpt: ... Redacted versions of the summary judgment and the supporting documents were filed on November 6, 2018. (ROAs 24‐26) The redacted information contains Plaintiff's medical information. The redactions are narrowly tailored to only encompass that information. In order to issue the requested order, the Court must find that there is an overriding interest to support the sealing of these records; that there is a substantial probability that the parti...

Excerpt: ... before November 1, 2012. (See Second Amended Notice of Motion to Strike, Items 1 ‐ 15) Raley's contends any adverse action that occurred before that date is outside the limitations period for filing a FEHA complaint. A motion to strike may be used to attack any part of a pleading‐even single words or phrases‐ that are "irrelevant, false or improper" or "not drawn or filed in conformity with the laws of this state, a court r...

Excerpt: ...he truth of their contents. (Herrera v. Deutsche Bank Nat'l Trust Co. (2011) 196 Cal.App.4th 1366, 1375.) In this wrongful foreclosure action, plaintiff Tatyana Krivoshey (“Tatyana”) obtained a loan from America's Wholesale Lender (“AWL”) in the amount of $277,600 (the “Loan”), and a deed of trust secured by the property was recorded on February 28, 2005 (“DOT”). (FAC ¶ 153.) Mortgage Electronic System, Inc. (“MERS”) was the ...

Excerpt: ... basic facts necessary to establish a Lemon Law claim including ownership and manufacturing of the vehicle, offers to repurchase as well as other topics. Defendant served the following identical objection to each request: Objection as vague, ambiguous, irrelevant and not calculated to lead to the discovery of admissible evidence. MBUSA has already offered to repurchase the subject vehicle. Further, Plaintiff has served a C.C.P. § 998 offer of th...

Excerpt: ...iff's default on a mortgage loan and deed of trust. On or about July 11, 2007, plaintiff financed the real property commonly known as 9910 Pringle Avenue, Galt, CA 95632 ("Subject Property"). Plaintiff asserts that defendant did not comply with Civil Code section 2923.5. The other grounds asserted by plaintiff in her motion are not addressed in this ruling as the court did not find sufficient evidence to issue an OSC on those grounds....

Excerpt: ...7‐1118; see also Startford Irrig. Dist. v. Empire Water Co. (1941) 44 Cal.App.2d 61, 68.) The Court, however, does not accept the truth of any facts within the judicially noticed documents, only the existence thereof. FACTS In August 2015, Plaintiffs obtained a mortgage loan from Paramount Equity Mortgage, secured by a Deed of Trust recorded against the property. An Assignment of Deed of Trust was recorded in March 2016 to memorialize the trans...

Excerpt: ...us types, personal items and a Winnebago. Plaintiff stored other personal property in a storage unit rented by Defendants, with Defendants' permission. The relationship between Plaintiff and Defendants is unclear. Plaintiff alleges that in February 2018, he left his residence at 650 Pinedale Avenue in Sacramento due to “the violence of Kirsten Charlton‐Rosa.” Plaintiff demanded his property at the time he left the residence. Plaintiff was l...

Excerpt: ...s involved Defendants Kelly Priley and Anthony Priley. Plaintiff Barry Murakami filed this lawsuit in January 2018. On April 6, 2018, Defendants Kelly and Anthony Priley filed a General Denial. Defendants Vang and Xiong filed their Answer and a Cross‐Complaint against Defendants Mendez and Bradford on April 16, 2018. On May 7, 2018 and May 10, 2018, Plaintiff Murakami filed Doe Amendments as to Mendez and Bradford, Respectively. On June 4, 2018...

Excerpt: ...e employees should be free to report waste, fraud, abuse of authority, violation of law, or threat to public health without fear of retribution. A state employee, who suffers an intentional act of reprisal, retaliation, or threat for the purpose of interfering with protected conduct may file a civil action for damages against the offending party, providing that the employee first files a complaint setting forth the alleged acts of retaliation wit...

Excerpt: ...ounsel shall meet and confer and inform the Department 53 clerk of their request for a different, subsequent date. Factual and Procedural Background This case involves allegations against six skilled nursing facilities (Cathedral Pioneer Church Homes II, Congregational Church Retirement Community, Bixby Knolls Towers, Inc., Gold Country Health Center, Mayflower Gardens Health Facilities, Inc., and Stockton Congregational Homes, Inc.), the real pr...

Excerpt: ... arena. From February 2015 to September 11, 2015, Plaintiff worked as an apprentice. Plaintiff alleges that during that time, foreman Josh Taylor harassed Plaintiff due to his race (African‐American) and that when Plaintiff complained, nothing was done. Plaintiff also alleges he sustained a workers' compensation injury to his left knee, and that when he reported the injury to his supervisor to discuss his need for time off, he was terminated. P...

Excerpt: ... Plaintiff had created a triable issue of material fact as to various purported UMFs offered by Dr. Lee in support of his motion. Dr. Lee now moves for reconsideration of that order. Dr. Lee moves on the grounds that “newly obtained” deposition testimony from Plaintiff's expert witness, Dr. Mirza on June 4, 2018, and Plaintiff's expert witness Dr. Lachs on June 11, 2018, confirms Dr. Lee was not a “care custodian.” First, there are strict...

Excerpt: ...��Defendant”) failure to provide accurate wage statements. Specifically, the wage statements failed to set forth “Stay Safe Staffing, Inc.” and/or its address. Plaintiff's Second Amended Complaint (“SAC”) alleged violations of the Labor Code for the alleged failure to pay all wages due, issue accurate itemized wage statements, and other claims against Defendant and Horizon Personnel Services, Inc. (“HSPI”) On April 5, 2016, Plaintif...

Excerpt: ...wners of 31 single‐family homes in the Aspen Village Development in Sacramento, California. Meritage is a residential homebuilder whom Plaintiffs allege is responsible for a variety of construction defects. Plaintiffs filed their FAC on May 14, 2018, alleging twelve causes of action against Meritage and various doe defendants. Meritage demurs to Plaintiffs' causes of action for breach of contract (first), nuisance (sixth), breach of purchase co...

Excerpt: .... The LLC filed the declaration as ordered. The Court finds the declaration meets the requirements of section 430.41, and indicates the parties failed to remedy any of the issues raised by the demurrer. Plaintiffs filed the FAC on May 11, 2018, alleging causes of action for breach of contract, dissolution of partnership, and partition and accounting against the LLC and co‐defendants Allie Chen (“Ms. Chen”) and Guozhong Chen (“Mr. Chen”)...

Excerpt: ...arty shall inform the court clerk forthwith. Plaintiff served three sets of requests for admission on the defendant. No responses were served within 30 days of the service of each separate request. In opposition, defendant contends that the number of Requests for Admissions is excessive and that the Declaration of Finnerty served with each request does not justify serving more than 35 requests for admissions. However, any objections that defendan...

Excerpt: ... negligence; (2) negligent hiring, training, and/or retention of an unfit employee; (3) negligent supervision; (4) invasion of privacy; (5) intentional infliction of emotional distress; (6) negligent infliction of emotional distress; (7) sexual harassment; (8) stalking; and (9) assault. She asserts causes of action 1, 2, 3, and 6 against the Center for Psychiatry on a theory of direct liability. She asserts causes of action 4, 5, 7, 8, and 9 agai...

Excerpt: ... Damages is unopposed, taken as a concession to the merits, and is granted, with leave to amend. This action stems from a May 2013 encounter between Plaintiff and non‐demurring defendant Cal Force Security employees Christopher Peterson and Aaron Asley. Plaintiff alleges that he was ordered by the security guards to leave an AM/PM store and was followed by the guards to a Food Source store. He alleges that he was ambushed and tased with electri...

Excerpt: ... only the legal sufficiency of a complaint, not the truth or the accuracy of its factual allegations or the plaintiff's ability to prove those allegations. (Ball v. GTE Mobilnet of California (2000) 81 Cal.App.4th 529, 534‐35.) Defendant's Request for Judicial Notice is unopposed and is granted. In the instant matter, Defendant requests judicial notice of briefs filed in former proceedings raising the same issues, as well as the decisions o...

Excerpt: ...ff sets forth a single cause of action for penalties pursuant to PAGA based on numerous alleged Labor Code violations. Defendants move to compel arbitration pursuant to an arbitration provision executed by Plaintiff in connection with her employment. The provision provides that in the event of dispute between Plaintiff and the Company both parties agree to “submit such dispute, claim or controversy to final and binding arbitration, including, b...

Excerpt: ... Inc. w. Wood (1989) 217 Cal.App.3d 200, 209, fn.4; see also Hines v. Lukes (2008) 167 Cal.App.4th 1174, 1182‐83.) Judgment may be entered under section 664.6 whether the parties are complying with the terms of the agreement or whether they are not. (Viejo Bancorp, 217 Cal.App.3d at 209, fn.4.) By enacting Code of Civil Procedure section 664.6 in 1981 (Stats. 1981, ch. 904, § 2, p. 3437), the Legislature endorsed the nonstatutory speaking moti...

Excerpt: ... to file a brief in excess of 10 pages as required by CRC 3.1113(e). The Court therefore has the discretion to treat the reply brief as a late filed brief pursuant to CRC 3.1113(g). However, the Court considered the brief despite Plaintiffs' lack of compliance. The Court would note that the reply brief reads almost entirely like a new motion and varies greatly from the initial papers that Plaintiffs filed. This action relates to the South Canal D...

Excerpt: ...endants, and alleges that these defendants are part of a joint enterprise that owned and/or operated 11 gasoline service stations in six counties across northern California in violation of the rules and regulations of the State's Underground Storage Tank (UST) Program. This case was designated complex by Judge Alan Perkins on July 15, 2015. Plaintiff seeks terminating sanctions against Defendants Azad Amiri, Haleh Amiri, Nasrin Amiri, Dilpal Sing...

Excerpt: ...o) and request for production (set three). Special Interrogatories The motion is granted. These interrogatories requested information related to payments made for medical services related to the subject incident, medical liens, and the amount plaintiff currently owes for medical expenses related to the subject incident. Plaintiff's response to each interrogatory was the same: “Objection. Collateral source rule. Without waiving the objection, se...

Excerpt: ...the Court's May 18, 2017 order enforcing the SPO. The parties entered into the SPO to cover financial information that the Defendants were required to produce. Pursuant to the SPO, Defendants were to provide personal and business tax transcripts, declarations identifying all personal and business bank accounts, and signed authorization to release all bank records from 2009 to present. Plaintiff filed a motion to compel compliance with the SPO whi...

Excerpt: ...ff filed his original complaint on January 24, 2018, against Matheson Trucking, Inc. (“Matheson”), three of Matheson's related entities, and four individuals, Mark B. Matheson, Joshua Matheson, Charles J. Mellor, and Shirley Curran. Plaintiff filed his FAC on March 23, 2018, naming the same eight defendants and alleging 11 causes of action: (1) (Breach of Contract; (2) Breach of the Covenant of Good Faith and Fair Dealing; (3) Retaliation in ...

Excerpt: ...ord's (“Plaintiff”) First Amended Complaint (“FAC”) is ruled upon as follows. Defendants' request for judicial notice is granted. Plaintiff's request for judicial notice is granted. Plaintiff filed her FAC against Moving Defendants and alleging the following eight causes of action: (1) Breach of Contract; (2) Breach of the Covenant of Good Faith and Fair Dealing; (3) Retaliation in Violation of Labor Code § 1102.5; (4) Retaliation in Vio...

Excerpt: ...ries, and to eliminate references to the Cal Worthington Trust (the “Trust”). Under section 436, the court may “[s]trike out any irrelevant, false, or improper matter inserted in any pleading” as well as “all or part of any pleading not drawn or filed in conformity with the laws of this state.” (Code Civ. Proc, § 436, subds. (a) and (b).) Defendants' motion to strike Plaintiff's claims for punitive damages is unopposed by Plaintiff a...

Excerpt: ... issues. Defendants demur to Plaintiff's first, second, fourth, eighth, and ninth causes of actions on the grounds they fail to state facts sufficient to constitute a cause of action. (CCP § 430.10 (e).) Legal Standard The pleading rules applicable to demurrers are now familiar and well established. Pleadings are to be liberally construed. (Code Civ. Proc. § 452) A demurrer admits the truth of all material facts properly pled and the sole issue...

Excerpt: ...rangevale, California. Plaintiff filed her complaint for premises liability and general negligence on August 10, 2017. On March 27, 2018, this Court granted Defendant's motion to deem matters admitted due to Plaintiff's failure to respond to requests for admissions. Specifically, the following requests were deemed admitted: 1. Admit that there was no dangerous or defective condition on the subject premises at the time of the subject incident. 2. ...

Excerpt: ...D and is GRANTED. No later than August 10, 2018, Plaintiffs shall serve further verified responses to Defendants' special interrogatories, set two, numbers 14‐16 and request for production of documents, set two, number 13. Sanctions are denied because the motions were not opposed. Although CRC 3.1348 (a) purports to authorize sanctions if a motion is unopposed, the Court declines to do so, as the specific statutes governing this discovery autho...

Excerpt: ...nd 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, 2018, the Court (Judge De Alba) granted Mr. Fry's request to continue the trial date, but denie...

Excerpt: ...red and distributed by Defendant, suffers from widespread defects‐including Engine and Transmission Defects‐and that Defendant has been unable to repair the vehicle within a reasonable number of attempts. Plaintiff further alleges that Defendant knew that her vehicle suffered from the ongoing defects, which are widespread, but nevertheless refused to repurchase the vehicle‐a willful violation of the Song‐Beverly Consumer Warranty Act (...

Excerpt: ...n the required format set forth in California Rule of Court, rule 3.1354. This action arises out of personal injuries Plaintiff sustained while performing yard work at Defendant's property located at 8951 River Road, Sacramento, California. Plaintiff was being paid $12 per hour to help her friend, defendant Karen Zehnder, clean up her rental property before it was rented. Plaintiff was doing some work raking up brush when an unlicensed tree t...

Excerpt: ... not consider the opposition since it was filed after the tentative ruling was prepared. This action arises from a levy on a bank account pursuant to a writ of execution in the underlying case of Northern California Collection Service, Inc. v. Theodoros Avdalas, et al., case number 34‐2014‐00164759. In the underlying action, judgment was entered for NCCS. NCCS then levied Plaintiff's bank account to satisfy the judgment. NCCS then filed an ac...

Excerpt: ...ion, and the original complaint ceases to have any effect either as a pleading or as a basis for judgment. Because there is but one complaint in a civil action, the filing of an amended complaint moots a motion directed to a prior complaint. Once an amended complaint is filed, it is error to determine a cause of action contained in a previous complaint. State Compensation Ins. Fund v. Superior Court, (2010) 184 Cal. App. 4th 1124, 1129‐1131. Th...

Excerpt: ...ies had an implied agreement for a joint venture pursuant to which Defendant asked Plaintiff if Plaintiff wanted to purchase and share a home with Defendant. Plaintiff alleged that they agreed to share expenses and invest in a home. Plaintiff alleges that Defendant obtained financing and promised to add Plaintiff to title. (SAC ¶¶ 2‐4.) Plaintiff alleged that they borrowed the $5000 for the home they purchased in April 2009 from Defendant's m...

Excerpt: ...iness locations in South Sacramento and Elk Grove. (Compl. ¶¶ 12, 13.) In exchange for business equipment, inventory, right to use Plaintiff's trade name and registered mark, and the business' goodwill, Pokeface agreed to pay $225,000 to Plaintiff. (Compl. ¶ 13.) Pokeface also agreed to assume responsibility for the leases at each business location. (Compl. ¶ 20.) Pokeface paid a total of $160,000 toward the purchase price and Plaintiff agree...

Excerpt: ... entitled to fees and costs under CCP § 1032 and Civil Code § 1717 as the prevailing party on the contract (Deed of Trust and Note). Here, there is no question that for purposes of CCP § 1032, Defendant is the prevailing party. CCP § 1032(a)(4) defines a prevailing party as a defendant in whose favor a dismissal was entered. Plaintiff dismissed this action against Defendant on April 23, 2018. Defendant is therefore entitled to costs as a matt...

Excerpt: ...Defendants who were in his supervisory chain of command created false probationary reports indicating termination was imminent in retaliation for his raising concerns that he was given unnecessary work and being unnecessarily micromanaged and that taxpayer dollars were being wasted. He also claims that he raised numerous litigation strategy questions and raised issues regarding unethical, improper and unlawful conduct. He alleges that he was esse...

Excerpt: ...alties. Plaintiff's cause of action for wrongful termination in violation of public policy was dismissed after the District's demurrer. Plaintiff alleges that she was retaliated against after making complaints regarding health and safety problems in the preschool classroom where she worked as a teacher's assistant. In evaluating a motion for summary judgment or summary adjudication the court engages in a three step process. The Court first identi...

Excerpt: ...f patients' bill of rights against defendants Plum Healthcare Group, LLC and Oleander Holdings, LLC dba Sacramento Post‐Acute (collectively, “Defendants”). Plaintiffs filed their First Amended Complaint on March 22, 2016. Defendants filed a petition to compel arbitration on February 18, 2016, which this Court denied on April 6, 2016. Defendants appealed this decision and this matter was stayed on June 7, 2016, pending resolution of the appe...

Excerpt: ... pursuant to CCP 1005(b). No opposition was filed. The complaint was filed in October 2007, and default judgment was entered on March 30, 2009 for the amount of $22,722.61. The plaintiff filed a Application for Renewal of motion, bringing the amount of the judgment to $41,524.83. This motion followed. Defendant asks the court to vacate the renewal of the judgment pursuant to CCP 683.170 on the ground defendant never had knowledge of the case and ...

Excerpt: ...ly set for July 10, 2018. On June 19, 2018, Plaintiff appeared at an ex parte appointment requesting a stay. The Court granted an Order Shortening Time ("OST") setting the motion for July 10. No motion was ever filed for that date, so the tentative ruling for July 10 dropped the motion. A court which "drops" a motion is deleting a hearing on that motion from the court's calendar, and is not declaring the motion to be forever a...

Excerpt: ... 235, Carmichael California and the second examination by Dr. Williams shall take place that same day at 3:00 p.m. at the same location. In this personal injury action arising from a September 2016 accident, Plaintiff alleges that he was hit by a tractor trailer driven by C.R. England, Inc's employee Bernardo Raul Gutierrez, Jr. while he was crossing the street in his wheelchair. Plaintiff alleges multiple catastrophic injuries rendering him ...

Excerpt: ...#34;lead case", was filed in 2015 against Labmor, Williams (a Canadian citizen), and other defendants. Defendant Aoraki (an Australian business) was added as a defendant through a Doe Amendment on August 11, 2015. The 2015 complaint alleges causes of action for Negligence and Strict Product Defect. The complaint alleges that on November 21, 2014, Plaintiff attended a marketing promotional event at Smith Flat House Restaurant in Placerville, C...

Excerpt: ...er was previously set for hearing on July 2, 2018. Plaintiffs failed to file an opposition in advance of the hearing, but filed an opposition on the date of the hearing. The Court continued the matter to allow the Court and counsel and opportunity to consider the late‐filed opposition and to allow Defendant McCarty to file a reply brief. The Court notes that the tentative ruling in advance of the July 2 hearing had sustained the demurrer on the...

Excerpt: ...raud and Conversion.” (Comp. Att. A.) Plaintiff alleges that pursuant to the will of Guy Wilson, he was entitled to possession of a “certain motor vehicle.” He alleges that Defendant intentionally and substantially interfered with his property by “fraudulently and by means of forgery taking possession and title to the vehicle and preventing Plaintiff from having access to the vehicle, and refusing to return the vehicle. Plaintiff did not ...

Excerpt: ...jurisdiction to consider the motion. (Lee v Placer Title Co. (1994) 28 Cal.App.4th 503, 509, 511.) Although the matter is dropped, the Court must also note that Plaintiff apparently sought to seal the entirety of her papers in opposition to the Defendants' motion for summary judgment as opposed to simply sealing the portions that specifically refer to her medical records/condition. While medical records are presumptively private and may afford a ...

Excerpt: ...tion of Business & Professions Code § 17200. Plaintiff alleges that Defendant owns psychiatric facilities and that non‐moving Defendants Okechukwu Nwangburkua and Iheoma Nwangburkua were owners, officers and managing agents. (Comp. ¶ 15.) Plaintiff alleged that he worked as the CEO and that as part of his employment agreement, in addition to his $150,000 salary, he was to be paid $36,000 per year for each additional facility that he opened or...

Excerpt: ...es between August 7, 2016 and July 27, 2018 or the date the Court approves the settlement, whichever is earlier. The PAGA claims were premised on six alleged violations of Labor Code (e.g., failure to pay wages, failure to provide meal and rest breaks, failure to provide itemized wage statements). Approximately 323 employees suffered the alleged Labor Code violations during the relevant period. Plaintiff calculated Flowmaster's maximum potential ...

Excerpt: ...ted a written claim to the public entity. (Govt. Code sec. 905, 945.4.) For claims involving injury to a person, claims must be presented to the public entity within six months of the accrual of the cause of action Govt. Code sec. 911.2(a). Failure to present the claim is a bar to the cause of action. In other words, the Act requires the timely presentation of a written claim for money or damages directly to a public entity, and the rejection of ...

Excerpt: ...ed a complaint against Defendant/Cross‐Complainant. Defendant/CrossComplainant then filed a cross‐complaint against subcontractors related to the claims in Plaintiffs' complaint. Plaintiffs and Defendant have asserted numerous claims of construction defects related to the homes. Capital installed and inspected drywall in 53 of the homes. Capital denies any liability but settled with Defendant/CrossComplainant for $26,500 (53 homes at $500...

Excerpt: ...on against HMA: (1) violation of the Song Beverly Act (Civil Code § 1770 et seq.); (2) fraudulent concealment; and (3) fraudulent inducement. HMA demurs again to the second and third causes of action. The demurrer is sustained without leave to amend on the basis that the second and third causes of action fail to state facts sufficient to state a cause of action against HMA. (CCP § 430.10(e).) The demurrer is sustained for the reasons stated in ...

Excerpt: ...rike is DENIED. If a party desires to receive the same relief as another party and files papers "joining" another party's motion, the court will not consider the papers to be a separate motion and will not grant relief to the party joining the motion unless that party has complied with all procedural requirements for the filing of motions, including payment of filing fees, proper notice, format of motion and method of service. (Sacram...

Excerpt: ...customers stopped using plaintiff's managed IT network services during the year defendant resigned. Plaintiff contends 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...

Excerpt: ...f patients' bill of rights against defendants Plum Healthcare Group, LLC and Oleander Holdings, LLC dba Sacramento Post‐Acute (collectively, “Defendants”). Plaintiffs filed their First Amended Complaint on March 22, 2016. Defendants filed a petition to compel arbitration on February 18, 2016, which this Court denied on April 6, 2016. Defendants appealed this decision and this matter was stayed on June 7, 2016, pending resolution of the appe...

Excerpt: ... to a Government or Law Enforcement Agency and Disability Discrimination. Plaintiff complained that her co‐ worker was using dirty scopes on patients and Dignity determined after investigation that plaintiff was not cleaning her scopes. Plaintiff alleges she was terminated due to her complaint and a physical disability. CCP 1987.1 provides: (a) If a subpoena requires the attendance of a witness or the production of books, documents, electronica...

Excerpt: ...uction No. 1 is granted/denied as set forth below. Defendant left his employment with plaintiff in 2013 and started his own IT support firm. Plaintiff contends that eleven of plaintiff's current customers stopped using plaintiff's managed IT network services during the year defendant resigned. Plaintiff contends one customer was billed for services by defendant's new company while he was still employed by plaintiff. Defendant contends...

Excerpt: ...that she was never served on May 26, 2010 with the summons and complaint. The proof of service by the registered process server states that Defendant was served by substitute service at 812 Arthur Drive, West Sacramento. The person was served was Helen M. Lands, co‐defendant, who is described as her co‐ tenant and mother. (See Proof of service ROA No. 7) The return of process or notice, made by a registered process server (see California Busi...

Excerpt: ...nied. Defendant's Request for Judicial Notice is granted. Defendant's Objection to Evidence is sustained. In any event, the declaration is irrelevant to the issue to be decided in this motion. On May 24, 2018 the Court ordered that the request for $115,000 in damages in the FAC be stricken on a motion to strike. Although the Court could have merely deemed the language stricken from the FAC without the need for an Amended Answer, the Court...

Excerpt: ...eeks to set aside a default entered March 6, 2017 and a default judgment entered August 24, 2017 pursuant to CCP 473.5 and CCP 473(d). Pursuant to CCP 473.5, a party may move to set aside a default or default judgment within two years of the entry if they can establish that they had no actual notice of the lawsuit in time to file an Answer, even in cases where the substituted service was technically proper. Under CCP 473(d),"[t]he court may, ...

Excerpt: ...with her subsequent employer is GRANTED. CCP 1987.1 This is an employment action in which plaintiff alleges causes of action for Retaliation for Disclosure of Information to a Government or Law Enforcement Agency and Disability Discrimination. Plaintiff complained that her co‐worker was using dirty scopes on patients and Dignity determined after investigation that plaintiff was not cleaning her scopes. Plaintiff alleges she was terminated due t...

Excerpt: ...mplaint is denied. Plaintiff has filed a Third Amended Complaint on June 14, 2018 and defendant has a pending demurrer to that pleading, set for hearing on August 3, 2018. Thus, this motion is moot as it is addressed to an inoperative pleading. To be clear, an amendatory pleading supersedes the original one, which ceases to perform any function as a pleading. Thus, an amended complaint supersedes all prior complaints. The amended complaint furnis...

Excerpt: ...to amend for failure to state facts sufficient to constitute a cause of action. Plaintiff, Trustee of Hardial Singh Hunju 1996 Trust, alleges that decedent, Hardial Singh Hunju, hired Sushil Bhopla as his live‐in caregiver after his wife died. Defendants Rhony and Veepak ("Vee") Bholpa are Sushil's daughter and son, respectively. The Court will refer to the parties Sushil, Rhony and Vee to distinguish them since they all share the s...

Excerpt: ... Harris, and Bradley Mannion seek an order sealing portions of the Declaration of Stuart C. Talley in Support of Request for Dismissal, pursuant to CRC 2.550 and 2.551. Paragraphs 4‐6 of the Talley Declaration contain information pertaining to individual settlement agreements that the parties have previously agreed is confidential. Dissemination of such content to third parties could impact the interests of the parties to this lawsuit. The seal...

Excerpt: ...009 and the default judgment entered on July 22, 2010 is denied. Plaintiff's Request for Judicial Notice is granted. Plaintiffs in this action sued defendant alleging substandard housing at a residence they rented from defendant at 8005 Sunset Avenue in Fair Oaks, California. A default judgment was obtained against defendant for the amount of $75,000 for each plaintiff, for a total of $150,000 at a default prove up hearing before the Hon. Kev...

Excerpt: .... Plaintiff moves for reconsideration of the order granting the fees' motion. “When an application for an order has been made to a judge, or to a court, and refused in whole or in part, or granted, or granted conditionally, or on terms, any party affected by the order may, within 10 days after service upon the party of written notice of entry of the order and based upon new or different facts, circumstances, or law, make application to the same...

Excerpt: ...here is no basis for an award of attorneys' fees where, as here, the case was dismissed prior to trial. In reply Defendant recognizes this controlling authority cited by Plaintiff and withdraws the motion. Defendant concedes that he has no basis for fees. Defendant's counsel declares that he had a mistaken but good faith belief regarding the availability of fees.. The Court declines Plaintiff's request in opposition to issue an OSC as to why ...

Excerpt: ...” (Walker v. Superior Court (1991) 53 Cal.3d 257, 269‐270.) In this action involving a dispute over the rental of a storage unit, Defendant moves to reclassify the matter from an unlimited action to a limited action. As seen from the Court's ruling on Defendants' demurrer, the subject contract was attached to the Second Amended Complaint. The contract contains a limitation of liability provision that provides that “[t]he maximum aggregate l...

Excerpt: ...uest for judicial notice is granted. NETF's request for judicial notice is granted. Cross‐Defendants' objections to the Declaration of Rick Grady are overruled. Factual and Procedural Background This action involves agreements regarding the construction of the Golden 1 Center in downtown Sacramento. In collaboration with the City of Sacramento, SDA was to design, develop, and construct the Golden 1 Center. In furtherance of these obligations, S...

Excerpt: ... court costs to be determined by the Court upon noticed motion.” By this motion, Plaintiff seeks $39,015 in fees, representing approximately 76.5 hours of attorney time at the hourly rate of $510. Civil Code § 1794(d) provides that a prevailing buyer is entitled to recover "costs and expenses, including attorney's fees based on actual time expended, determined by the court to have been reasonably incurred by the buyer in connection wit...

Excerpt: ...position is UNOPPOSED and is GRANTED. In this foreclosure action, Plaintiffs allege claims against Defendant for negligence, violation of Business & Professions Code section 17200 et seq., violation of various provisions of the California Homeowner Bill of Rights, and breach of contract. Trial is currently set for December 17, 2018. Based on this trial date, the last day to file a motion for summary judgment, if the motion is mail served, is Augu...

Excerpt: ... 2018, Plaintiff Kathryn Gerwig, inpro per, filed a motion to set aside the judgment pursuant to Code of Civil Procedure section 473(b) on the grounds of surprise or inadvertence, claiming that she did not receive timely notice of Defendants' motion. On June 7, 2018, Defendants filed an ex parte application to set aside the order granting the anti‐SLAPP to allow Plaintiff a fair and reasonable opportunity to file an opposition to the anti‐SLA...

Excerpt: ... The Court recognizes that plaintiff is self‐represented and no doubt has little or no legal training. However, self‐represented litigants required to follow the procedural rules that govern civil litigation. McComber v. Wells (1999) 72 Cal.App.4th 512, 522‐523. A party representing himself is to be treated like any other party and is entitled to the same, but no greater, consideration than other litigants and attorneys. Nwosu v. Uba (2004)...

Excerpt: ...ed to appear for his deposition on June 11, 2018 in violation of a court order, and has failed to comply with two prior court orders requiring him to serve responses to written discovery. (See Declaration of Jansen, Ex. A, Minute order of April 24, 2018 ordering defendant to appear for his deposition and awarding sanctions in the amount of $860, Ex. B Third Amended Notice setting deposition for June 11, 2018, Ex. C Order of February 6, 2018 order...

Excerpt: ...received the motion. In this personal injury action, Defendants seek an order requiring Plaintiff Joseph Mercado to submit to a second IME. Plaintiff underwent an initial IME on April 26, 2016 with Dr. Edward Younger, M.D., an orthopedist. Plaintiff complains of various injuries: left knee strain, lumbar sprain/strain; cervical degenerative disease; left shoulder pain; testicular pain; left hand pain; shaking in his hand and arm; and left tibia p...

Excerpt: ...lly sought a two week leave of absence starting July 1, 2016 to recover from major knee surgery. On July 8 plaintiff sent Hertz an email requesting an extension of the leave of absence until October 1 or "until further notice." Defendant told her that they could not hold her position open for three months, and plaintiff was terminated effective August 12, 2016. Plaintiff contends defendant 's "Medical Leaves Policy" is discrim...

Excerpt: ...done so. Smart Choice initiated this action when it filed its complaint arising out of a dispute regarding a home improvement contract with Mr. Shaw. Mr. Shaw initially filed a cross ‐complaint for breach of contract, negligence and fraud. The cross‐complaint has been amended numerous times after Mr. Shaw obtained leave to amend from the Court and when the parties stipulated to allow an amended cross‐complaint to be filed. Smart Choice now ...

Excerpt: ...errero. Judgment was entered on May 31, 2018. While the notice of motion does not set forth a specific basis for the motion (e.g. does not specifically cite CCP § 473), Plaintiff indicates in her memorandum of points and authorities that she moves to set aside the judgment pursuant to CCP § 473(b) on the basis that the CCP § 998 offer was withdrawn before Defendants accepted the offer. Alternatively, Plaintiff argues that if the offer was not ...

Excerpt: ...vice attached to the motion states that it was served on May 26, 2018, this is impossible because the motion references Plaintiff's discovery responses which were served on June 12, 2018, more than two weeks later. The Court would note that the motion itself is not dated and it is not clear when it was actually served as the Court's copy does not contain a dated proof of service. While service does appear to be untimely, Plaintiff was nevertheles...

Excerpt: ...rior to that time, Plaintiff's deposition had been noticed six times and Plaintiff had either failed to appear or the deposition had been rescheduled at the request of Plaintiff's counsel. Plaintiff was ordered to appear for her deposition no later than August 28, 2017. Anchor General's and Defendants' counsel again appeared for the August 28, 2017 deposition and Plaintiff again failed to appear. On October 17, 2017, the Court granted Anchor Gene...

Excerpt: ...e amount to be paid in the settlement; (3) the proposed allocation of the settlement proceeds; (4) a recognition that the settling parties should pay less in settlement than if they were found to be liable after trial; (5) the financial condition of the settling parties, and the insurance policy limits, if any; and (6) the existence of collusion, fraud or tortious conduct aimed to injure the interests of the non‐settling defendants. (Tech‐Bil...

Excerpt: ...018, the Court entered an Order granting preliminary approval of class action settlement, thereby preliminarily approving the terms of the settlement, certifying the class for purposes of settlement only, appointing Plaintiff as class representative, appointing Plaintiff's counsel as class counsel, and preliminarily approving Phoenix Settlement Administrators as the settlement administrator. By this motion, the parties now seek final approval of:...

Excerpt: ...1788.17 is granted. This action arises out of debt collection efforts by Defendant. Plaintiff alleges that defendant violated the Rosenthal Fair Debt Collection Practices Act, Civil Code section 1812.700(a). In this Court's February 9, 2018 order granting NES' motion for summary judgment against Mr. Wiegand, the court found that NES "cured" the alleged type‐size violation as to Mr. Wiegand pursuant to the cure provision in Civil...

Excerpt: ... having been a resident of the facility for ten years. The trial date is now February of 2019. Plaintiff's motion is accompanied by four separate statements for the following depositions/documents: 1. Deposition of Heidi Capela (PMQ re document categories No. 5 Rupp Weekly Reports, No. 6 and 7 documents transmitted to and from deponent regarding Windsor El Camino or Thomas Knowles, No. 8 and 9 documents transmitted to or from Jane Rupp regard...

Excerpt: ...efendant Douglas Clark Washburn. Washburn testified at his deposition in May 2018 that he started drinking mimosas on the morning of the collision and had consumed three 12 oz glasses before getting in his vehicle. Washburn was arrested after the high impact collision after having lied to the police about whether he had been drinking. Washburn tested at an alcohol level of .16, twice the legal limit. These facts are sufficient at the pleading sta...

Excerpt: ...ad a cause of action for Violation of the SongBeverly Consumer Warranty Act and allege that Defendant breached express and implied warranties. Plaintiffs allege that the vehicle was delivered to them with serious defects and nonconformities to warranty including various transmission, engine, HVAC and electrical defects. Kia seeks to strike paragraphs 14, 18, and portions of paragraph 17 (Plaintiffs' implied warranty claim). An issue of law may be...

Excerpt: ...suant to CCP § 473(b). Plaintiff's counsel declares that after default and default judgment was entered, Plaintiff received notification that Defendant asserted a claim of fraud with respect to the subject account. Plaintiff eventually confirmed that Defendant's account was opened and/or used fraudulently. Plaintiff now seeks to set aside the default and default judgment entered against Defendant and to dismiss the matter with prejudice. Here, t...

Excerpt: ...nd, Inc's employee Bernardo Raul Gutierrez, Jr. while he was crossing the street in his wheelchair. Plaintiff alleges causes of action for negligence against Defendant Gutierrez and negligent supervision and negligent entrustment against Defendant C.R. England. C.R. England has admitted that Defendant Gutierrez was acting in the course and scope of his employment at the time of the incident. At issue on the instant motion are the deposition notic...

Excerpt: ...fendants indicate that they were never served with the summons and complaint. They also indicate that the declaration in support of the application for entry of default and default judgment filed on January 21, 2016 contains a proof of service executed by self‐represented Plaintiff. On May 22, 2018, Defendants received a document titled “Plaintiff's Notice of Motion to Set a Later Date to Continue Civil Case Based on Incarceration of Plaintif...

Excerpt: ...ch was not properly secured by defendant Golden State Towing, LLC, slipped, injuring Plaintiff. On November 10, 2016, Plaintiff was driving his vehicle when defendants James R. Faulk and Shirley A. Faulk pulled into his lane and collided with his vehicle. Finally, on October 19, 2016, Plaintiff was driving his vehicle when uninsured motorist Connor Biehler turned into the side of Plaintiff's vehicle. The original Complaint was filed by Plaintiff'...

Excerpt: ... January 26, 2018. Plaintiff's request for judicial notice of these two Court Orders is granted. On December 6, 2017, this Court granted Plaintiff's unopposed motion to compel Opposing Defendants to serve verified responses to Plaintiff's Form Interrogatories, Set One, 4.1(e) on or before December 18, 2017. On January 26, 2018, this Court granted Plaintiff's unopposed motion for sanctions, imposing monetary sanctions of $1,035 on Opposing Defenda...

Excerpt: ...artment 53 of the Sacramento County Superior Court is 813 6th Street, Sacramento, California 95814. Defendants shall notify Plaintiff immediately. 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 Plaintiff immediately of the tentative ruling system and to be available at the hearing, in person or by telephone, in the event Plaintiff appears with...

Excerpt: ...2016, in connection with his second accident, Plaintiff alleges he was instructed by Defendant 21st Century Insurance to tow his broken trailer to a body shop to obtain an estimate for the damage to Plaintiffs trailer and that during the drive, the trailer became detached, causing the trailer to run into Plaintiffs car. He also alleges that 21st Century owned, operated, serviced or maintained the vehicle. The only cause of action naming 21st Cent...

Excerpt: ...follows. Plaintiff's request for judicial notice is granted. This action stems from a relationship between Defendant and Hardial Singh Hunji (“Decedent”). Defendant alleges that she and Decedent were in a romantic partnership, whereas Plaintiff contends that Defendant was hired as a caregiver for Decedent. Decedent passed away on January 2, 2017. One month after Decedent's death, Plaintiff, as trustee of the Hardial Singh Hunji 1996 Trust (�...

Excerpt: ...while he was crossing El Camino Boulevard as a pedestrian in a wheelchair. Gutierrez was employed by CR England, Inc at the time of the accident. Plaintiff issued deposition subpoenas for documents from the United States Department of Transportation and the California Department of Transportation. The subpoenas seek "Any and all documents, records, videos, photos, recordings, printouts and other business records of any kind that relate or ref...

Excerpt: ...rom 1976‐1978. Plaintiff attempted to serve Verdant Vales Foundation by serving non party Mackenroth, who, during the 1970s was a director and President of Verdant Vales School and assisted in drafting the articles of incorporation and amendments thereto in 1974 and 1977 when his children were attending the school. (See documents attached to opposition as exhibits to the Declaration of Katrina M. Yu.) Mackenroth states that he is not an agent f...