Excerpt: ...ffs were prisoners incarcerated by the California Department of Corrections and Rehabilitation (“CDCR”) at the California Training Facility (“CTF”) at the time relevant to their claims. Plaintiffs Merrick and Garner indicate they have recently been released. Plaintiff Milton remains incarcerated at CTF. Plaintiffs filed this action on November 7, 2017, against defendants Yuland Mynhier, R. Steven Tharratt, M.D. and does 1‐50. The action...

Excerpt: ...on to Plaintiff's Exhibit C is OVERRULED. The Court notes, however, that Exhibit C was not relevant to or considered in the Court's analysis as discussed below. This action arises from a motor vehicle accident. On January 27, 2018, Plaintiffs were injured when defendant Victor Gray ran a red light and struck their vehicle. At the time of the accident, California Highway Patrol (“CHP”) officers were in pursuit of Mr. Gray for violation of the ...

Excerpt: ...sition is untimely as it was filed only 7 court days before the hearing. Oppositions must be filed and served 9 court days before the hearing. CCP 1005(b). On March 2, Defendant objected to the opposition's untimeliness and requests the court not consider it. However, the court has nevertheless considered the opposition in ruling on this motion. In doing so, the Court observes that any requests for affirmative relief made in the opposition is imp...

Excerpt: ... issue in this litigation. Plaintiffs also asked for sanctions in the amount of $1,485, but later withdrew the request. The motion is ruled upon as follows. Plaintiffs' complaint alleges causes of action for elder abuse, NIED, violation of Patients' Bill of Rights, and wrongful death, related to the care of Gerard Follettie. Plaintiffs served their second amended notice of deposition of person most qualified from Crocus Holdings, LLC dba Rosevill...

Excerpt: ...edit card action on June 26, 2019, alleging two causes of action for breach of contract and common count. (ROA 1.) Plaintiff was personally served with the Summons and Complaint on July 17, 2019. (ROA 6.) Default was entered against Defendant on August 23, 2019. (ROA 7.) The first time plaintiff received any communication from defendant through counsel was after the default was entered. Default judgment was entered September 18, 2019. On November...

Excerpt: ...no later than January 27, 2020. The Court also granted Defendant's motion to deem matters in its requests for admissions admitted and awarded $590 in mndatory monetary sanctions. Defendant presently seeks terminating sanctions on the basis that Plaintiff has not provided the Court ordered responses. For misuse of the discovery process, including as is the case here, disobeying a court order to provide discovery, the Court may impose a terminating...

Excerpt: ... is only one ground for a motion for judgment on the pleadings: "the complaint states facts sufficient to constitute a cause or causes of action against the defendant and the answer does not state facts sufficient to constitute a defense to the complaint." (C.C.P. 438(c)(1)(A).) The grounds for the motion shall appear on the face of the challenged pleading or from any matter of which the court is required to take judicial notice (CCP. § 438 (d) ...

Excerpt: ...udgment on the pleadings: "the complaint states facts sufficient to constitute a cause or causes of action against the defendant and the answer does not state facts sufficient to constitute a defense to the complaint." (C.C.P. 438(c)(1)(A).) The grounds for the motion shall appear on the face of the challenged pleading or from any matter of which the court is required to take judicial notice (CCP. § 438 (d) ). The Court properly takes judicial n...

Excerpt: ...ngine Defects including, but not limited to, “excessive oil consumption; improper burning/consumption of abnormally high amounts of oil; premature failure of the engine balance chains; premature failure of the fuel pump plunger seal; fuel leaks into the crankcase; rough running of the engine; engine run‐on conditions; loss of power; rough idle; and/or stalling” which create a “serious risk of accident and injury” because engine failure ...

Excerpt: ...26 et seq. (“CUTSA”). Plaintiff alleges defendants Jeff Harrer and Joe Baldenweg obtained and used Plaintiff's trade secret information to contact and solicit Plaintiff's existing customer base to steal and take over Plaintiff's clients, customers, and existing business. The operative Second Amended Complaint (“SAC”) alleges a single cause of action for misappropriation of trade secrets against defendants Harrer and Baldenweg and the busi...

Excerpt: ...aintiff cannot establish the essential elements of the following causes of action against Defendant San Juan Unified School District: her fourth cause of action for retaliation in violation of Government Code section 12940(h); her fifth cause of action for failure to prevent discrimination, harassment, and retaliation in violation of Government Code section 12940(k); her sixth cause of action for whistleblower retaliation in violation of Labor Co...

Excerpt: ...19. (ROA 129.) According to Plaintiff's proof of service, Defendant was served with the second amended complaint on December 30, 2019. (ROA 149.) Code of Civil Procedure section 583.210(a) provides that the summons and complaint “shall be served upon a defendant within three years after the action is commenced against the defendant. For purposes of this subdivision, an action is commenced at the time the complaint is filed.” (Emphasis added.)...

Excerpt: ...ber 12, 2019, ruling, Defendant previously moved to set aside the default and default judgment entered against her on March 2, 2009 on the basis that she was never served with the summons and complaint. This judge (J. Brown) denied the motion without prejudice on September 23, 2019. Defendant then moved to set aside the renewal of judgment on the basis that she did not receive notice of the Notice of Renewal filed on March 19, 2018. Defendant mad...

Excerpt: ...cipate in oral argument on the continuance date. Plaintiff Silus Mardel Valson's (“Plaintiff”) motion to set aside and vacate the judgment sustaining defendant's demurrer pursuant to CCP § 663 is DROPPED. On December 6, 2019, this Court sustained defendant California Department of Corrections & Rehabilitation's (“Defendant” or “CDCR”) demurrer to Plaintiff's First Amended Complaint without leave to amend. (ROA 38.) Judgment was enter...

Excerpt: ...July 29, 2017, in front of 7029 Amberwick Way. Plaintiff filed her personal injury form complaint on May 29, 2019, against the City and defendants Robert Moos and Karen Moos (the homeowners of 7029 Amberwick Way). Plaintiff alleges causes of action for general negligence and premises liability. The only cause of action alleged against the City is for premises liability on the basis of an alleged dangerous condition of public property. The City mo...

Excerpt: ...their contents. (Herrera v. Deutsche Bank Nat'l Trust Co. (2011) 196 Cal.App.4th 1366, 1375.) Plaintiff filed this non‐ judicial foreclosure action on October 31, 2018, alleging causes of action for breach of contract, violations of Civil Code sections 2923.6, 2924.11, and 2924.17, violation of Business and Professions Code section 17200 et seq., and negligence. Plaintiff alleges Nationstar should have provided her with a permanent loan modific...

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

Excerpt: ...gment is void. Pursuant to CCP 683.170 (a), the court may vacate a renewal of judgment on any ground that would be a defense to an action on the judgment itself. Plaintiff contends that he was never served with the summons and complaint and therefore the judgment is void. Filing the renewal application (and paying the appropriate filing fee) results in automatic renewal of the judgment. No court order or new judgment is required. The court clerk ...

Excerpt: ...consider at this hearing whether to dismiss the action or instead to issue the evidentiary/issue, and or monetary sanctions. Plaintiff was given until February 11 to file and serve opposition to the issue/evidentiary and monetary sanctions first requested in the Reply. Defendant was to serve a reply on the additional sanctions issue on or before February 19. Defendant's further briefing was to address whether plaintiff has complied with the order...

Excerpt: ...netary sanctions. Plaintiff was given until February 11 to file and serve opposition to the issue/evidentiary and monetary sanctions first requested in the Reply. Defendant was to serve a reply on the additional sanctions issue on or before February 19. Defendant's further briefing was to address whether plaintiff has complied with the order that he serve verified responses on or before February 10, 2020. As of February 24, 2020, no new documents...

Excerpt: ...is is a PAGA representative action for failure to pay all wages brought by Plaintiff Ian Alvarado ("Plaintiff') against Defendant Lewis Operating Corp. ("Defendant") and for civil penalties pursuant to the Private Attorneys General Act of 2004 ("PAGA") for violations of the California Labor Code ("Labor Code"). Plaintiff commenced this wage ‐and‐hour case asserting three causes of action for failure to pay wages, unfair competition, and penal...

Excerpt: ...es due), 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‐ related expenses. Defendant denies any liability or wrongdoing of any kind. Plaintiff requests the following: Granting preliminary ap...

Excerpt: ...ance of the OSC to file a substantive response because the attorney who handled the matter is no longer with Plaintiff's counsel's law firm. The Court thereafter continued the matter to today's date to allow Plaintiff to file a substantive response. On February 10, 2020, Plaintiff filed a response simply indicating that it was dismissing the entire action. Plaintiff made no arguments that the case was not subject to the five year statute. However...

Excerpt: ...ance date. Defendant David Poxon's unopposed demurrer to self‐represented Plaintiff Everett Spillard's complaint is sustained with leave to amend. The Court notes that Plaintiff filed a first amended complaint on February 18, 2020. However, effective January 1, 2016, absent a stipulation, a party may only amend a pleading as a matter of right in response to a demurrer no later than the date the opposition to the demurrer is due. (CCP § 472(a)....

Excerpt: .... Petitioner's request for judicial notice is granted. Respondent has brought claims against Petitioner with the DLSE under the Labor Code for alleged unreimbursed business expenses. Lyft periodically updates its Terms of Service (“Terms”). Respondent consented to the Lyft's February 6, 2018 Terms on May 3, 2018. (Ayanbule Decl. ¶ 12.) Lyft released the updated February 6, 2018 Terms to drivers who had previously been approved to use the Lyf...