Excerpt: ...s portions of a cause of action that are substantively defective on the face of the complaint. (PH II, Inc. v. Superior Court (1995) 33 Cal.App.4th 1680, 1682‐83; see also Code of Civ. Proc. § 437.) More specifically, a motion to strike should be granted to remove "any irrelevant, false, or improper matter inserted in any pleading," or where the pleadings are drawn in violation of a law, rule or court order. (Code of Civ. Proc. § 436....

Excerpt: ...about November 21, 2017, following an altercation with his wife. (Compl. ¶ 13.) The deputies transferred Plaintiff to a Kaiser hospital where he was prescribed Ibuprofen prior to his intake with the Sheriff's Department at the main jail. (Compl. ¶ 14.) The following day, Plaintiff was in pain while incarcerated and was seen by correctional medical staff. Plaintiff was released later that same day. Defendant Maria Candalla R.N.'s demurre...

Excerpt: ...worked as a para professional for Defendant Elk Grove Unified School District during the 2015‐2016 and 2016‐2017 school years. The case is currently set for trial to commence on February 25, 2019. The Sacramento County Sheriffs Department arrested Gollas on or about September 16, 2016 and conducted an investigation into the allegations of the complaint. Deputy Mark Francis, Badge #1490 and Detective Heidi Hampton, Badge #567 investigated the ...

Excerpt: ...ng parts of the 2014 and 2015 baseball seasons. Defendant served a business records subpoena on Wells Fargo asking for all of plaintiff's bank records for the period of time he was employed by the Rivercats. On September 7, 2018, Defendant Sacramento River Cats Baseball Club, LLC served Plaintiff with its Deposition Subpoena for Production of Business Records from Wells Fargo Bank, National Association c/o CSC ‐ Lawyers Incorporating Servic...

Excerpt: ...y 28, 2016 hearing with respect to a dispute between VSP and Respondent Gordon Epstein, O.D. regarding VSP's decision to terminate its contract with Dr. Epstein and seek restitution based on improper claims submitted and paid by VSP. The parties entered into a network doctor agreement (“NDA”) which contained a “Fair Hearing” provision which provided that in the event of a dispute as to any discipline imposed against a Network Doctor, the ...

Excerpt: ...ACTS According to Plaintiffs' Complaint, this matter is based on an underlying lawsuit in this Court. In that case, Case No.34‐2009‐00067457, Plaintiff Edward J. Broussard, Sr., filed suit against Cambridge (Natomas) LP and Cambridge Communities, LLC, seeking damages related to defective construction of nine houses in the Northpointe Park, Village 31 subdivision. After several amendments to the Complaint in the underlying case, there were 33 ...

Excerpt: ...e underlying transaction between the parties concerned a loan to Defendants Mariya Chkuaseli and Durmishkhan Chkuaseli's business CargoTek which they personally guaranteed. Defendants argue that the sister state judgment from New York was premised on a confession of judgment which did not comply with due process and was not a knowing, voluntary and intelligent waiver of constitutionally required notice and a hearing before entry of judgment again...

Excerpt: ...lemental briefing in response thereto. Factual and Procedural Background Petitioner Parker Turner Albright, PC, a law firm, (“PTA”) was formed in April 2017. Attorneys Marcus Turner and Port Parker each hold a 50% shareholder interest in PTA. Michelle Albright jointed PTA as a named partner, but is not a shareholder. On December 29, 2017, Respondent Port Parker (“Parker”) executed and served a Written Consent to Dissolve, authorizing the ...

Excerpt: ...led via a successful motion summary judgment. WFB now seeks attorney fees pursuant to Civil Code § 1717 related to the litigation of this case. Plaintiff filed a similar fee motion in March 2018, which this Court denied without prejudice. In that minute order, the Court concluded that while it found the hourly rate charged by Plaintiff's counsel to be reasonable, but denied the motion on the grounds it was unable to determine whether counsel had...

Excerpt: ... competing declarations regarding the meet and confer efforts which are confusing at best and they seem to be arguing about what was discussed and whether any agreement was reached. The Court was unable to determine exactly what, if anything, was resolved by the meet and confer efforts. The Court notes that the demurrer indicates that Cross‐Defendant concurrently filed a special motion to strike pursuant to CCP § 425.16 with respect to the fir...

Excerpt: ...ary 14, 2019. 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 Dearwater, Appearance is required on January 14, 2019. Plaintiff Frank Lee Dearwater shall be available by COURTCALL, to participate in oral argument on the continuance date. The Court previously issued a tentative ruling sustaining Defendant's demurrer without leave t...

Excerpt: ...ses liability) and negligence per se against numerous defendants in connection with injuries she sustained when she fell off a sidewalk at a Rite Aid. Defendants' separate statement includes the following. In 2007, Thrifty Payless, Inc. dba Rite Aid (“Thrifty”) approached PDC to develop a Rite Aid at 9260 Elk Grove Boulevard (the “Property”). PDC received final approval for plans, specifications and conditions from the City of Elk Grove o...

Excerpt: ...s 1‐4, 8‐9, 12‐14, and 21‐26, is ruled upon as follows. In this slip‐and‐fall personal injury action, Plaintiff alleges she fell and injured her right knee on April 8, 2017, at the Target store located at 1919 Fulton Avenue, Sacramento, California. Plaintiff's alleged injury to her right knee required surgical repair. Plaintiff alleges the fall was caused by rain water tracked in from outside and that the store negligently failed to p...

Excerpt: ...a Department of Motor Vehicles (“Respondent”) and operated by one of the Respondent's employees. Petitioner is an immigrant from India, speaks limited English, and has a limited understanding of the American justice system. (Laskin Decl. ¶ 4.) Following the collision, Petitioner retained the services of the Mann Law Firm. (Kaur Decl. ¶ 4.) She forwarded all communications addressed to her to her attorney at the firm. (Kaur Decl. ¶ 5.) In o...

Excerpt: ... noticed over 70 depositions, the notices of which contain 774 requests for production of documents, all within a short period of time. During this same time‐frame, Plaintiff also served 5 sets of discovery on Sacramento Post‐Acute (including form interrogatories, special interrogatories, requests for production of documents, and requests for admission), two sets of discovery to Plum Healthcare Group, LLC, and initial discovery to the five de...

Excerpt: ...e DOC she contends was the basis for its retaliation. (Sanders decl. Ex. A.)" 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 parties' interest will be prejudiced absent sealing; that the proposed sealing is narrowly tailored to serve the parties' interest; and that there is no less restrictive mean...

Excerpt: ... Plaintiffs' Request for Judicial Notice of the court order granting a Limited Judgment Appointing Guardian Conservator for Roy Masters is granted. Defendants' Evidentiary objections are overruled. Defendants seek and order quashing the service of summons in this action for lack of personal jurisdiction pursuant to Section 418.10(a)(1) of the Code of Civil Procedure. Defendants contend that this Court does not have personal jurisdiction o...

Excerpt: ...plaint against Defendant and others. Plaintiff alleges causes of action against Defendant for invasion of privacy, public disclosure of private facts, false light, and IIED. The causes of action against Defendant arise out of allegations that Defendant wrongfully accessed Plaintiff's medical records and publicized certain information from the records. Plaintiff contends that he was going through a divorce and child custody dispute with Ivy Ro...

Excerpt: ...Code of Civil Procedure section 439. Section 439 provides that "(a) [b]efore filing a motion for judgment on the pleadings pursuant to this chapter, the moving party shall meet and confer in person or by telephone with the party who filed the pleading that is subject to the motion for judgment on the pleadings for the purpose of determining if an agreement can be reached that resolves the claims to be raised in the motion for judgment on the ...

Excerpt: ... and costs finding that the Receiver's fees and expenses should be borne by the Receivership estate or Grange as originally ordered, and that the Grange may then seek award of the fees and expenses as costs of enforcement of the judgment pursuant to CCP § 685.070 et seq. The Grange has brought such a motion. Rather than file an opposition to that motion, the Guild has filed a motion to strike/tax the receivership costs sought by the Grange. This...

Excerpt: ...d to timely pay wages to aggrieved employees upon termination/resignation in violation of Labor Codes §§ 201 and 202. Plaintiff seeks penalties under PAGA. Defendant has filed a four page motion to strike the PAGA claims in the complaint on the basis that the Court would be required to conduct individualized inquiries with respect to the Labor Code § 226.7 claim, which would render the claim unmanageable. Defendant argues that it had a written...

Excerpt: ...compete with Plaintiffs. Plaintiffs filed their complaint on March 9, 2018, alleging causes of action for: (1) violation of Penal Code § 502, (2) violation of the Uniform Trade Secrets Act (the “UTSA”), (3) common law misappropriation of trade secrets, (4) unfair competition, (5) conversion, (6) breach of contract, and (7) breach of fiduciary duty. Plaintiffs attempted to file a first amended complaint but it was rejected because an answer w...

Excerpt: ...3230 Broadway, Sacramento, California 95817. The property consists of a two‐story, multi‐tenant building with five commercial units and four residential apartments. On July 13, 2017, Plaintiff and defendants Vicki A. Pfingst and Angela Saldivia (collectively, “Defendants”) entered into a Commercial Property Purchase Agreement for the sale of commercial real property located at 3230 Broadway for $775,000 (the “Purchase Agreement”). In ...

Excerpt: ...vil Code § 1812.701(b) by sending a collection letter that failed to provide the requisite Consumer Collection Notice in a type size that was at least the same type‐size as that used to inform the consumer of the specific debt, or in at least 12‐point type. The Court ultimately granted Defendant's motion for summary judgment as to Plaintiff's individual claim, finding that Defendant had cured the violation under Civil Code § 1788.30(d) and ...

Excerpt: ...arriott Sacramento Rancho Cordova's (“Defendant”) property on November 3, 2017. Plaintiff filed her complaint on May 8, 2018, alleging claims for general negligence and premises liability. Plaintiff seeks damages including medical expenses, general damages, wage loss, and loss of earning capacity. On September 26, 2018, Defendant served Bank of America, Plaintiff's current employer, with a subpoena to produce the following: “Any and all emp...

Excerpt: ...ts Mercy Housing California XXVI, LP's and Mercy Housing Management Group, Inc.'s motion to strike Plaintiff's alter ego allegations and punitive damages as to Mercy Housing California XXVI, LP. The Court denied the motion to strike punitive damages allegations as to Mercy Housing Management Group, Inc. Moving Defendants were added to the action after being identified as Doe Defendants. The Fourth Amended Complaint simply alleged that the Defenda...

Excerpt: ...sfied." (Salveter v. Salveter (1936) 11 Cal.App.2d 335, 337.) Defendant's request for costs in the amount of $60 is granted and is to be added to the prior judgment of costs of $465 previously entered on October 19, 2016. After plaintiff initially obtained a judgment on January 18, 2012, it was set aside pursuant to defendant's CCP 473.5 motion on January 23, 2014. (See minute order Department 53, January 23, 2014.) After plaintiff fa...

Excerpt: ...ber 10, 2018. The Court will consider the grant of a brief continuance of this motion at defendant's request, if necessary, so that they can respond to the evidence presented in this late supplemental declaration. Defendants' Request for Judicial Notice is granted. Plaintiff filed the Complaint on June 5, 2015. This action arises out of an automobile accident that occurred on June 6, 2013. Mission Courier was not served until December 15,...

Excerpt: ...Inc., is also named as a defendant. The causes of action asserted in the case included: (1) failure to pay minimum wages for all hours works, (2) failure to provide rest breaks, (3) failure to indemnify for all expenses, (4) failure to provide accurate itemized written wage statements, (5) unfair competition, and (6) Civil Penalties [under PAGA]. Defendants denied all of Plaintiff s allegations, and alleged that Plaintiff and putative class membe...

Excerpt: ...aintiffs allege Defendants engage in the "illegal practice of dumping vulnerable nursing facility residents into hospitals." (Third Amended Complaint (TAC) ¶ 1.) .) Plaintiffs allege the California Department of Health Care Services ("DHCS") ordered Pioneer House to readmit Gloria Single after plaintiff was "dumped" at Sutter Medical Center on an involuntary hold. (TAC ¶¶ 6‐7.) Defendant contends that they are not in ...

Excerpt: ... Procedure § 430.41(a). Such declaration was filed on 11/16/18. Defendant's request for judicial notice, which attaches an unpublished federal case, is unopposed and is granted. Neither published nor unpublished federal district court opinions are binding precedent on this court, although they may be persuasive. (Futrell v. Payday California, Inc. (2010) 190 Cal.App.4th 1419, 1432, fn. 6; Landmark Screens, LLC v. Morgan, Lewis, & Bockius, LLP (2...

Excerpt: ...artment 53 Clerk of the same when oral argument is requested pursuant to Local Rule 1.06. In the alternative, Department 53 will honor requests to continue hearings scheduled for 12/12/18 so that parties desiring oral argument may obtain court reporting services through the Court's normal channels. (See Local Rule 1.12.) No hearings, however, will be continued to any date from 12/21/18 through 1/07/19. Any party seeking a continuance must first m...

Excerpt: ...escission under her UCL claim and Plaintiff's conclusory claim for punitive damages in her prayer for relief. 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).) Plaintiff's third cause of action for violation of the UCL reque...

Excerpt: ... 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 ILYM Group, Inc. as the settlement administrator. By this motion, Plaintiff now seeks final approval of: (1) awarding class counsel's attorneys'...

Excerpt: ...tive PAGA action complaint against defendant Progressive Transportation Services, LLC (“Defendant”) on behalf of himself and Defendant's current and former truck drivers classified as independent contractors. Plaintiff asserted a single cause of action under PAGA, alleging a variety of Labor Code violations stemming from Defendant's alleged failure to properly classify these individuals as employees. Plaintiff has a concurrent motion for leav...

Excerpt: ...y objections are overruled. Defendants seek and order quashing the service of summons in this action for lack of personal jurisdiction pursuant to Section 418.10(a)(1) of the Code of Civil Procedure. Defendants contend that this Court does not have personal jurisdiction over defendants Roy Masters and Alan Masters because said defendants do not have minimum contacts with this state. This action involves a claim by Plaintiffs David Masters and The...

Excerpt: ...onfer with Plaintiff's counsel via e‐mail only. Defendant's counsel sent a single e‐mail to Plaintiff's counsel requesting Plaintiff to stipulate to removing the claim for punitive damages. Plaintiff's counsel promptly responded declining the request “for the reasons set forth in [the] opposition to [Defendant's] Motion to Strike.” The Court is unclear why Defendant's counsel did not comply with the Court's order and CCP § 435.5, which s...

Excerpt: ...served by posting if upon affidavit it appears to the satisfaction of the court in which the action is pending that the party to be served cannot with reasonable diligence be served in any manner specified in this article other than publication and that: (1) A cause of action exists against the party upon whom service is to be made or he is a necessary or proper party to the action; or (2) The party to be served has or claims an interest in real ...

Excerpt: ...e equitable powers of the court to remedy extrinsic fraud in service. Civil Code section 1788.61 provides: (a)(1) Notwithstanding Section 473.5 of the Code of Civil Procedure, if service of a summons has not resulted in actual notice to a person in time to defend an action brought by a debt buyer and a default or default judgment has been entered against the person in the action, the person may serve and file a notice of motion and motion to set ...

Excerpt: ...ction was initiated on June 21, 2016 and alleges a date of injury of August 6, 2014 (Complaint, ¶ 5). Plaintiffs filed an action against Hyatt alleging they suffered personal injuries when one of the elevators fell several floors and became stuck between two floors. Hyatt seeks to adjudicate the 6th and 7th causes of action in its First Amended Cross‐complaint. Hyatt contends that the express indemnity clause in the parties' agreement requ...

Excerpt: ...C and SAC. Defendant Select Portfolio Servicing, Inc. ("SPS") is the loan servicer. On December 18, 2017, a Notice of Default ("NOD") was recorded. A balance of $117,579.25 is owed on the loan. Plaintiff alleges that earlier in 2017 moving party interfered with her efforts to get relief from the "Keep Your Home California" ("KYHC") principal forgiveness program with regard to her property located at 9980 Wyland Dri...

Excerpt: ...f member. Plaintiff, who served as the Legislative Director for Mendoza, was told she was terminated from employment on September 22, 2017, along with Mendoza's chief of staff Eusevio Padilla and his scheduler, Stacy Brown. Plaintiff alleges that at this meeting she discussed the complaints of Mendoza's sexual harassment with Oropeza, the head of Senate Human Resources. After being handed the termination letter, she told Oropeza that :...

Excerpt: ...utside the pleading that are judicially noticeable. Blank v Kirwan (1985) Cal.3d 311, 318. Plaintiff, a Human Services Specialist who is African American, alleges the following causes of action against County arising out of an incident in which plaintiff found a flyer on her desk with the letters "KKK" written on the back: 1st cause of action Race Discrimination, 2nd cause of action Harassment, 3rd cause of action Failure to Prevent Haras...

Excerpt: ...s from Oil Consumption Engine 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 “present a safety hazard and are unreasonably da...

Excerpt: ... against EMSA and others, for age discrimination in violation of FEHA, “Whistleblower Retaliation and Harassment in Violation of FEHA”, disability discrimination in violation of FEHA, national origin discrimination in violation of FEHA, wrongful termination in violation of public policy and defamation. Plaintiff alleges that he was employed by EMSA in an IT position and was threatened with termination or demotion and denied promotions as a re...

Excerpt: ... for other relief” is denied. Plaintiffs'/Cross‐Defendants' City of Elk Grove and the People of California's (“Plaintiffs”) request for judicial notice is granted. The Court received but did not consider the "reply" filed by Cross‐ Defendant Raj Singh. Mr. Singh has no standing to file a "reply" with respect to a motion brought by Defendant. On November 5, 2018, this Court granted Plaintiffs' special motion to strike Def...

Excerpt: ...ng on sexual harassment prevention on November 27, 2017, is GRANTED. (See Poseidon Devel., Inc. v. Woodland Lane Estates, LLC (2007) 152 Cal.App.4th 1106, 1117‐18.) In taking judicial notice of these documents, the Court accepts the fact that these articles were published and a hearing was held, but not the truth of their contents. (Id.) Defendant's request for judicial notice in support of her reply as to documents in the Court's file is GRANT...

Excerpt: ... the terms and conditions of her employment were governed by a Collective Bargaining Agreement ("CBA") between Delta Dental and the Professional & Clerical Employees Division of Local No. 856 ("the Union). (Id., ¶ 3, Ex. A.) The agreement contained the following provision "No employee or applicant for employment shall be discharged, disciplined, or otherwise discriminated against or denied promotional opportunities because of [.....

Excerpt: ...d, fourth, and fifth causes of action. (ROA 36.) The District now seeks an award of attorneys' fees and costs incurred in bringing the special motion to strike and in bringing this instant motion for fees. The District seeks an award of $9,940 in attorneys' fees and $202.44 in costs incurred in preparing the underlying special motion to strike and this instant motion for fees. A prevailing defendant on an anti‐SLAPP motion is entitled to recove...

Excerpt: ...69(g).) Defendant is a pet supply company with store locations in the State of California. Plaintiffs Olivia Angel and Herman Parker are former employees of Defendant. On June 23, 2015, Plaintiff Olivia Angel ("Plaintiff Angel") filed a Class Action Complaint for Damages ("Complaint") in the Superior Court of California, County of Sacramento against Defendant thereby commencing a putative wage ‐and‐hour class action (the "...

Excerpt: ...of contract, and dual tracking pursuant to the Home Owners Bill of Rights. Civil Code section 2924.11 of the HOBR provides: (a) If a borrower submits a complete application for a foreclosure prevention alternative offered by, or through, the borrower's mortgage servicer, a mortgage servicer, trustee, mortgagee, beneficiary, or authorized agent shall not record a notice of sale or conduct a trustee's sale while the complete foreclosure prevention ...

Excerpt: ...n at the facility, Eskaton Fountain Wood Lodge (hereinafter "the facility" or "EFL") from February 24, 2012, to March 22, 2012. Plaintiffs contend that defendants administered Ativan to Ms. Lovenstein which acted as a chemical restraint and resulted in an overdose, constituting elder abuse. Plaintiffs also make various fraud claims as well as a negligent infliction of emotional distress claim against defendants, Eskaton, Eskaton P...

Excerpt: ...ral negligence. (FAC p.3 ¶ 10(b).) Plaintiff also alleges that he suffered “emotional distress and racial profiling” and he seeks “57.28 Million Dollars” in damages. (Id. ¶ 14.) Plaintiff attached his original complaint which is essentially a single paragraph in which he claims that he suffered racial discrimination when Defendants would not cash a check he brought in for the full amount. The attached original complaint does not set for...

Excerpt: ...igious standards because Defendant allegedly stuns the lambs prior to slaughter. Plaintiffs seek to certify a class of California consumers who purchased the allegedly mislabeled lamb products during the last four years. The parties have agreed to bifurcate discovery into two phases: class certification issues and merits issues. Plaintiffs served a PMQ deposition notice on Defendant which set forth 14 areas of inquiry. (Chase Decl. Exh. I.) The d...

Excerpt: ...onses. Here the Court finds that the drastic remedy of terminating sanctions, is not warranted at this time. “The sanctions the court may impose are such as are suitable and necessary to enable the party seeking discovery to obtain the objects of the discovery he seeks but the court may not impose sanctions which are designed not to accomplish the objects of the discovery but to impose punishment.” (Caryl Richards, Inc. v. Superior Court (196...

Excerpt: ...ngful death cause of action. The action arises from the care the Decedent received at Defendants' facility. Defendants move to compel the action to arbitration on the basis that Janice Zacher (the Decedent's sister) signed an arbitration agreement (“Agreement”) in connection with the Decedent's admission pursuant to a California Healthcare Directive (“Directive”) designating her as the Decedent's healthcare agent to make medical decis...

Excerpt: ...allegedly suffered while at Defendant's facility. Dr. Damper refused to comply with the subpoena on the basis that it was not accompanied with either a patient authorization or a Court order. Defendant also issued a subpoena to Costco Wholesale Corp. with respect to Plaintiff's pharmacy orders also related to her claims of injury. Costco refused to respond. Defendant thereafter requested that Plaintiff authorize release of the requested records. ...

Excerpt: ...uch an oversized opposition memorandum. Nevertheless, and despite Defendant's objection, the Court considered the entire reply. In this putative class action, Plaintiff seeks to represent a class of all current and former hourly‐paid or non‐exempt employees who worked for Defendant within the State of California at any time during the period from April 27, 2014 to judgment. Plaintiff propounded special interrogatories 1‐4 which asked fo...

Excerpt: ...t to reconsider its May 4, 2018 decision related to ICC's licensing. ICC summarizes its argument as follows: On October 11, 2018, the First District Court of Appeal issued its decision in the matter of Contractors' State License Bd. v. Superior Court (Black Diamond Electric, Inc.) (Oct. 11, 2018, No. A154476) ___ Cal.App.5th ___ [2018 Cal.App.LEXIS 981, at *1]. The case was published on October 31, 2018. ICC advised the court of this new authorit...

Excerpt: ...is unopposed. Defendants' request for judicial notice of the Settlement Agreement, which is attached as an exhibit to the FAC, is granted. In taking judicial notice of this document, the Court accepts the fact of its existence, not the truth of its contents. This action arises from the sale of residential property. The parties entered into a Residential Purchase Agreement on or about July 7, 2016. (FAC ¶ 8, Exh. A of Exh. 1.) After a dispute aro...

Excerpt: ...igations under the purchase agreement and accompanying master lease. Plaintiffs filed the operative First Amended Complaint on October 5, 2018, alleging causes of action for breach of contract, breach of the implied covenant of good faith and fair dealing, declaratory relief, intentional misrepresentation, rescission, libel, slander, trade libel, intentional and negligent interference with prospective economic advantage, intentional infliction of...

Excerpt: ...sting oral argument. Defendant Derek Taggard, M.D.'s Motion for Leave to File an Amended Answer to the Complaint is granted. Plaintiff John William Rose, III filed the instant complaint against Defendant and others. Plaintiff alleges causes of action against Defendant for invasion of privacy, public disclosure of private facts, false light, and IIED. The causes of action against Defendant arise out of allegations that Defendant wrongfully acc...

Excerpt: ...e of requesting oral argument. Plaintiff's Notice of Motion and Motion for Preliminary Approval of Class Action Settlement is unopposed and is granted, as set forth below. Plaintiff Takeese Williams ("Plaintiff") seeks preliminary approval of the Joint Stipulation of Class Action and PAGA Settlement and Release ("Settlement," "Agreement," or "Settlement Agreement") entered into by and between Plaintiff, individ...

Excerpt: ...aring date chosen at the time of requesting oral argument. Defendant Raley's Demurrer to the First Amended Complaint of Plaintiffs Alysse Maryland and Sharona Voyles Broughton is sustained as follows: Plaintiffs filed their initial Class Action Complaint on April 9, 2015 seeking to represent a class of pregnant store employees beginning on April 9, 2011, four years prior to the date of filing. (Compl. ¶¶ 4, 42.) On July 18, 2018, Plaintiffs...

Excerpt: ...te chosen at the time of requesting oral argument. Defendant Los Rios Community College District's Demurrer to the 1st Amended Complaint is ruled on as follows: Plaintiff filed this lawsuit on July 23, 2018. Plaintiff filed a First Amended Complaint ("FAC") on July 27, 2018 against the District, Hoyt Fong and the Los Rios College Federation of Teachers Union ("LRCFT Union"), alleging seven causes of action for: (1) Unruh Civil...

Excerpt: ... time of requesting oral argument. Plaintiffs/cross‐defendants Demurrer to the Cross‐Complaint is overruled. Plaintiffs and defendants are neighbors. The Kirkwoods' property is behind the Adams property in Orangevale, CA. The Adams' access road provides an easement access for the Kirkwoods property. The Cross‐complaint alleges that the neighbors relationship went sour after the Kirkwoods started filing complaints with the building d...

Excerpt: ...tective order is denied. This action involves a dispute over unpaid attorneys' 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 a...

Excerpt: ...ejects Defendant's argument that the motion be denied because it was served on October 29, 2018, by regular mail which only provided 16 Court days' and 4 calendar days' notice rather than the 16 Court day's and 5 calendar days' notice required by CCP § 1005(b). Indeed, as seen from the reply, the POS showed proof of service by overnight mail on 10/29. The fact that it was not received until 10/31 is not determinative. Indeed, service is complete...

Excerpt: ...t Defendants who were in his supervisory chain of command created false probationary reports indicating that his 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. Plaintiff also claims that he raised numerous litigation strategy questions and raised issues regarding unethical, improper and unlawful conduct. He alleg...

Excerpt: ...after “2017 litigation”) in which Plaintiffs unsuccessfully alleged the same facts and also some of the very same causes of action. In fact, as the Court noted at the time, “[this] lawsuit is verbatim identical to the Complaint filed in the prior litigation. The primary difference between the two lawsuits is that here Plaintiffs sue Cornerstone Valuation as the sole named Defendant, while in the first action, they sued [Cornerstone's counse...

Excerpt: ...ed as his treating nurse through Sacramento County Correctional Health Services and discriminated against him and denied him medical services. The Court would note that it previously overruled Defendant's demurrer to the first cause of action for negligence in the original complaint, sustained the demurrer without leave to amend as to the second cause of action for IIED and sustained the demurrer with leave to amend as to the third cause of actio...

Excerpt: ...7, Plaintiff and defendants Vicki A. Pfingst and Angela Saldivia (collectively, “Defendants”) entered into a Commercial Property Purchase Agreement for the sale of commercial real property located at 3230 Broadway for $775,000. In order to finance the purchase, Plaintiff executed an Installment Note as well as a deed of trust in favor of Defendants covering the property to secure the Note. Pursuant to the terms of the Note, Plaintiff agreed t...

Excerpt: ...ssed Appellant's claim. (Weiland Decl. ¶ 7, Exh. B ¶¶ 1‐6.) A Berman hearing never took place. (Weiland Decl. ¶ 7, Exh. B ¶ 9.) On September 27, 2018, Appellant filed a Notice of Appeal of the Labor Commissioner's dismissal with this Court, which was filed 21 days after the Notice‐Investigation Completed indicating the dismissal was served. (Weiland Decl. ¶ 7, Exh. B ¶¶ 1‐6, Exh. C ¶ 8, Exh. D ¶ 10.) Parenthetically, the Californi...

Excerpt: ...l Defendant to produce documents in response to Plaintiffs' Requests for Production Sets Four and Five. RFP Set Four RFP Nos. 96‐97 RFP No. 96 seeks “All DOCUMENTS sufficient to show the total RUG distribution of all patients in YOUR subacute unit during the period of January 1, 2012 ‐ December 31, 2014.” RFP No. 97 seeks “All DOCUMENTS sufficient to show the total RUG distribution of all patients in YOUR non‐subacute unit during the ...

Excerpt: ...ion, p. 1.) Citation to the federal rules of civil procedure do not inform this Court's law and motion practice, which is governed by State statutes, set forth in the Code of Civil Procedure and the Rules of Court, inter alia. Nonetheless, this does not, by itself, mandate denial of the motion. Defendant Kalin Williams requests the court take judicial notice of several documents filed with the Seminole County Family Court, Case No. 2016DR0048...

Excerpt: ...years has elapsed from the commencement of the case and from the time summons and complaint was served on defendant Talani, dismissal is mandatory. CCP 583.210 provides (a) The summons and complaint shall be served upon a defendant within three years after the action is commenced against the defendant. For the purpose of this subdivision, an action is commenced at the time the complaint is filed. (b) Proof of service of the summons shall be filed...

Excerpt: ...ing, Inc. Cholakian seeks the Court's determination pursuant to Civil Procedure Code sections 877 and 877.6(a) that the settlement was in good faith, The complete settlement agreement is lodged separately under seal. (see ruling on Motion to Seal) Elaine McDonold, a driver for Silva Trucking ("Silva"), was involved in a head‐on collision with Debra Hackett, who was driving a bus. The injuries to Hackett were significant. Silva was i...

Excerpt: ...concerns the 7th cause of action only and does not effect the remaining causes of action. Defendants' Evidentiary Objections to the Declaration of Jill Telfer are sustained. The Court does not consider extrinsic evidence in ruling on a demurrer. A demurrer “tests the pleadings alone and not the evidence or other extrinsic matters.” (SKF Farms v. Superior Court (1984) 153 Cal.App.3d 902, 905.) The only issue involved in a demurrer hearing ...

Excerpt: ... Court's tentative ruling system, as required by California Rule of Court 3.1308 and Local Rule 1.06(D). Moving party is directed to contact non‐moving party forthwith and advise of Local Rule 1.06(D) and the Court's tentative ruling procedure. If moving party is unable to contact non‐moving party prior to hearing, moving party shall be available at the hearing, in person or by telephone, in the event non‐moving party appears without follow...

Excerpt: ...hat if officers, directors or persons having charge of the entity's assets or the agent for service of process of the corporation cannot be located with reasonable diligence, the party wishing to serve the corporation with process may apply to the Court for an order allowing service of the summons via the Secretary of State: “If an agent for the purpose of service of process has resigned and has not been replaced or if the agent designated cann...

Excerpt: ...ent that occurred on September 8, 2015. (UMF 1.) There were two individuals involved in the accident: Plaintiff and Defendant Oregel. (UMF 2.) Defendant Rivera, the moving party, was added as a defendant by Doe Amendment on October 19, 2017. (UMF 3.) It is undisputed that Defendant Rivera was not involved in the accident giving rise to this action. (UMF 4.) Defendant Rivera's client is Defendant Oregel; Defendant Rivera is not the insurance agent...

Excerpt: ...d. This is an elder abuse action. Plaintiff George Merchant, by and through his successor in interest, Nica Gauff (“Plaintiff”) alleges that George Merchant (“Decedent”) was transferred from Kaiser Hospital to Capital Transitional Care on August 3, 2015. Plaintiff alleges that while in the care of Capital Transitional Care, he was neglected and abused by the staff, which caused him to suffer from an infection, pressure ulcers, bruising, d...

Excerpt: ...holly separate from the allegations in the Complaint, Plaintiffs submitted to GM a claim for personal injuries on behalf of their minor daughter, whom they contend sustained an injury caused by the Suburban's running boards in October 2017. GM responded to that personal injury claim and attempted to resolve it with Plaintiffs, but the parties could not reach an agreement. This action does not involve a personal injury claim, and Plaintiffs' minor...

Excerpt: ...dicate Defendant's confidential home address. Defendant contends she is a participant in the Safe at Home confidentiality program as she is the victim of domestic violence and protection of her home address is necessary to protect the safety of herself and her daughter. Under California Rules of Court, rule 2.551, a record must not be filed under seal without a court order. (Cal. Rule of Court, Rule 2.551(a).) The Court may order that a record be...

Excerpt: ... home located at 6126 Brahms Court, Citrus Heights, CA 95621, when decedent was improperly and illegally detained by law enforcement officers. Decedent was later shot and killed by these officers … who were employed by County of Sacramento[.]” (Compl. ¶ 6.) On May 14, 2018, the Court granted County's Motion for Protective Order to preclude the videotaped deposition of Sacramento County Sheriff Scott Jones and accompanying document reques...

Excerpt: ...ent where plaintiff Iris Perez, a student at Cosumnes River College, was kissed without her consent by her counselor. Plaintiff filed her First Amended Complaint on July 27, 2018, against the District, Hoyt Fong (the counselor), and the Los Rios College Federation of Teachers Union ("Federation"), alleging seven causes of action for: (1) Unruh Civil Rights Act (as to the District and Fong); (2) Conspiracy (as to all Defendants); (3) IIED ...

Excerpt: ...se Home Finance, 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 ...

Excerpt: ...endant”) anti ‐SLAPP motion in order to conduct discovery is denied. The filing of an anti‐SLAPP motion automatically stays "[a]ll discovery proceedings." (§ 425.16, subd. (g).) To justify lifting the discovery stay, the plaintiff must demonstrate that the proposed discovery is both necessary in the context of the issues raised by the anti‐SLAPP motion and must explain what facts the plaintiff expects to uncover. ( 1‐800 Contac...

Excerpt: ...ernal EEO complaints brought by other employees. Plaintiff alleges that after participating in these interviews and 25 additional acts of protected activity, she was retaliated against in violation of FEHA and other statutes and denied promotions that were given to younger non‐African American candidates that had not complained or participated in protected activities. Plaintiff's deposition was initially set for August 16, 2017. The deposition ...

Excerpt: ...�) in December 2015. The Plaintiffs are 11 adults who reside or resided at the property and allege causes of action for failure to provide habitable dwelling, breach of covenant and right to quiet enjoyment, nuisance and negligence. NBS moves for a good faith determination of a settlement it reached with Plaintiffs Albert McKinley and April Hullaby for $24,000. Mr. McKinley is to receive $15,000 and Ms. Hullaby is to receive $9,000. In considerat...

Excerpt: ...ich Ascentium loaned CrossDefendant money for the purchase of veterinary equipment for a build‐out of its business. Ascentium also alleged a cause of action against Susan Davis and Custom K9 Services, LLC for breach of written guaranties of the EFA. The FACC alleges causes of action for breach of oral contract and fraudulent inducement. Only the breach of oral contract cause of action is asserted against Ascentium. Cross‐Complainant attached ...

Excerpt: ...r pregnancy and disability discrimination in violation of FEHA, failure to accommodate in violation of FEHA and wrongful termination and retaliation in violation of FEHA. Plaintiff alleges that she began working for Defendant as an Associate Government Program Analyst around July 31, 2014. (FAC ¶ 9.) She alleges that on June 24, 2016, she went on pregnancy leave and later disability leave. Plaintiff allegedly attempted to return to work on June ...

Excerpt: ...� (Agreement) between Plaintiff and Defendant Khara whereby Defendant Khara allegedly agreed to pay Plaintiff $25,000 to find an owner of real estate willing to sell real property to Defendant Khara. Defendants demur to all causes of action except the first cause of action for breach of contract. Second Cause of Action (Fraud‐Against Defendant Khara) Defendant Khara's demurrer is overruled. The elements of fraud “are (a) misrepresentation (fa...

Excerpt: ... 40.) The Court does not have any record that Plaintiff has obtained new counsel. Accordingly, Plaintiff is currently proceeding in pro per. In this personal injury action, Defendant served Plaintiff with three separate deposition notices on October 2, 2017, again on November 13, 2017, and finally on December 6, 2017. Each time Plaintiff's counsel contacted defense counsel one to three days prior to the scheduled deposition to advise that Pla...

Excerpt: ... regarding relevant Sacramento County Code sections; Ordinance sections of the Sacramento Regional County Sanitation District and Sacramento Area Sewer District; and a Notice of Utility Lien isunopposedand is granted. FACTS As nearly as the Court can ascertain from Plaintiffs' unintelligible Complaint, Plaintiffs (acting in propria persona) allege that they are the owners of real property at 9123 Linda Rio Drive in Sacramento. According to Plaint...

Excerpt: ...ants failed to authorize and cover certain brand name medications prescribed by her physician, as required by the Medi‐Cal health plan agreement. Plaintiff alleges that as a result, she suffered a seizure on September 18. 2015, resulting in a severe burn to her hand. Plaintiff filed her original form complaint on September 18, 2018, alleging four causes of action for breach of contract, fraud, general negligence, and intentional tort. After the...

Excerpt: ...ntiff shall be available by COURTCALL, to participate in oral arguments. Defendants Marisela Montes, Cheryl Carlson, and Jennifer Shafer's (collectively, “Defendants”) demurrer to plaintiff in pro per Arthur Austin's (“Plaintiff”) complaint is UNOPPOSED and is ruled upon as follows. The Court has received Plaintiff's Amended Complaint. However, the Amended Complaint was filed on October 3, 3018, which was not prior to Plaintiff's ...

Excerpt: ...intiff in reply, Defendant yet again failed to serve Plaintiff with the opposition papers and Plaintiff only obtained the opposition from the Court's on‐line case file. This Court has previously admonished Defendant for such tactics and directed Defendant to ensure Plaintiff is properly served with documents. Though Defendant has again failed to do so and while the proof of service on the opposition is yet again highly suspect, the Court re...

Excerpt: .... The matter was continued at the hearing solely to allow the Court to consider the reply brief. Having now considered that brief, the Court issues the following ruling. In this action Plaintiff alleges causes of action for fraud, negligent misrepresentation and wrongful foreclosure. Plaintiff alleges that he purchased a commercial property in Old Sacramento in July 2014. He alleged that he worked with Defendant Sperry and Sons Capital Investment...

Excerpt: ...smiss for failure to amend complaint within time permitted by the court is denied. CCP 581(f)(2) On September 4, 2018, the Court's tentative ruling was to sustain Defendants' Demurrer without leave to amend. However at the hearing Plaintiff had retained an attorney who requested one additional chance to amend the causes of action. The Court granted Plaintiff's request, and allowed Plaintiff ten days leave to amend the Complaint. The p...