Excerpt: ...irety is unopposed and granted. Legal Standard In evaluating a motion for summary judgment or summary adjudication, the Court engages in a three‐step process. First, the Court identifies the issues as framed by the pleadings. The pleadings define the scope of the issues on a motion for summary judgment or summary adjudication. ( FPI Dev. Inc. v. Nakashima (1991) 231 Cal.App.3d 367, 381‐382.) Because a motion for summary judgment/adjudication ...

Excerpt: ...having 802 cannabis plants in excess of the 6 plant limit ($500 x 802) which was upheld after an administrative appeal. Plaintiff's motion for summary judgment was granted which provided that judgment shall be entered in its favor in the amount of $401,000. The final order was entered on January 14, 2020. Plaintiff now seeks recovery of fees and costs in the amount of $56,984.37 as the prevailing party. This consists of $53,342 in attorney's fees...

Excerpt: ...to notify Plaintiff's counsel immediately of the tentative ruling system and to be available at the hearing, in person or by telephone, in the event Plaintiff's counsel appears without following the procedures set forth in Local Rule 1.06(B). Defendants' request for judicial notice is granted. In taking notice of these documents, the Court accepts the fact of their existence, not the truth of their contents. (See Professional Engineers v. Dep't o...

Excerpt: ...request for judicial notice. Defendant's objections to the Declaration of James Day are overruled. Plaintiff's objections to evidence are overruled, although the objected to evidence was immaterial to this Court's ruling. Plaintiff seeks a writ of possession to recover the following vehicle and two items of heavy equipment: (1) a 2014 GMC Pickup (VIN: 1GD072CG4E1140193) (the “Truck”); (b) a 2003 Caterpillar 420D 4x4 Loader Backhoe (S/N: CAT04...

Excerpt: ...ction Plaintiffs Ashhok Umashankar, Collin Danforth, Luke Danforth, Ethan Morton and Jacob Risch allege numerous causes of action against Defendants for assault, battery, harassment, invasion of privacy, false imprisonment, IIED, trespass to chattel, conversion, private nuisance and interference with contract. Plaintiffs Collin and Morton also allege certain employment related claims for nonpayment of wages and meal and rest period premiums. The ...

Excerpt: ...ive ruling system and to be available at the hearing, in person or by telephone, in the event Plaintiff's counsel appears without following the procedures set forth in Local Rule 1.06(B). To the extent Defendant “objected” to several of Plaintiff's Additional UMFs on the ground they are irrelevant, misstate prior testimony, etc., such objections are overruled because objections are properly directed solely at “evidence.” (See CRC Rules 3....

Excerpt: ...Mejia de Sop (collectively, “Plaintiffs”). 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 Vehicle Code. Plaintiffs filed this action on December 31, 2018, alleging three cause of action against Defendants...

Excerpt: ... non‐profit orthodox Ethiopian church located in Elk Grove. Plaintiff alleges it is managed by a Board of Directors elected by Plaintiff's membership and in order for any action to be taken on behalf of the Board of Directors and Plaintiff, a majority of the Board must approve of or direct the action. (Complaint at ¶¶ 9‐10.) Plaintiff alleges defendants Mulatu and Wodaje have taken certain actions without Board approval, including changing ...

Excerpt: ...Daniel Krpata's (collectively, “Defendants”) purported failure to pay overtime wages, failure to pay minimum wages, failure to pay reimbursements, failure to provide meal and rest periods, failure to provide accurate wage statements, failure to pay final wages, failure to keep accurate time records, failure to provide sick leave, and violation of Labor Code § 558. Plaintiff further alleged Defendants' policies and practices resulted in unfai...

Excerpt: ...igation coordinator shall provide the tentative ruling to plaintiff. Appearance is required on February 7, 2020. Plaintiff shall be available, by COURTCALL, to participate in oral argument on the continuance date. Defendant Dr. V. Penmetcha's (“Dr. Penmetcha”) demurrer to self‐represented plaintiff and inmate Mervin Leroy (“Plaintiff”) is ruled upon as follows. Dr. Penmetcha's request for judicial notice is denied. Dr. Penmetcha request...

Excerpt: ..., filed this lawsuit for negligence and dangerous condition of public property based on allegations that he was sexually molested by a teacher's aide in a bathroom at Raymond Case Child Development Center (“School”) during the 2018‐ 2019 school year. As relevant here, Plaintiff alleges that Defendants negligently employed, supervised, and trained the teacher's aide and other unidentified personnel resulting in Plaintiff's molestation and th...

Excerpt: ...e into the fairness of the proposed settlement. (Cal. Rules of Court, rule 3.769(g).) A presumption of fairness exists where: (1) the settlement is reached through arm's‐length bargaining; (2) investigation and discovery are sufficient to allow counsel and the court to act intelligently; (3) counsel is experienced in similar litigation; and (4) the percentage of objectors is small. (Newberg & Conte, Newberg on Class Actions supra, § 11.41, pp....

Excerpt: ...for intentional misrepresentation which is not present in the FAC. Defendant contends that the cause of action for Fraudulent Concealment fails to provide critical facts such as (i) the identity of the person or who sold Plaintiffs the subject vehicle, (ii) whether Plaintiffs had any interaction with GM before they purchased the subject vehicle, (iii) GM's knowledge of the alleged "oil consumption defect," (iv) GM's intent to defraud Plaintiffs, ...

Excerpt: ...menced a nonjudicial foreclosure against the Subject Property (5746 Cada Circle, Carmichael, California 95608) by recording and serving a Notice of Default and Election to Sell Under Deed of Trust. (First Am. Compl. ¶ 41, Ex. 10; Req. for Judicial Notice Ex. D.) Plaintiff and Audrey Kolesnikova failed to cure their default and as a result Quality recorded the operative Notice of Trustee's Sale on April 8, 2019. (Compl. ¶36, Ex. 11; Req. for Jud...

Excerpt: ... quote the actual language objected to. This action arises out of the purchase of real property located at 6951 Middlecoff Way, Sacramento, California (the "Property"). In September 2016, Plaintiff entered into a Real Estate Purchase Agreement to purchase the Property from defendant, Alexis Tillman (seller). Plaintiff alleges that Ms. Tillman concealed from him the fact that the property was encumbered by a special tax lien that arose from a pati...

Excerpt: ...ice of Internal Affairs (OIA) headquarters. Defendant CDCR moves for a protective order precluding plaintiff from taking the depositions of: 1. Former CDCR attorney and General Counsel Benjamin Rice: 2. Former CDCR attorney and Chief Deputy General Counsel Stephanie Clauss: 3. Current CDCR attorney and Chief Deputy General Counsel Howard Moseley 4. Former CDCR attorney and Chief Counsel Christine Albertine CDCR seeks to prohibit these four deposi...

Excerpt: ...ed. Defendant's Evidentiary Objections are sustained. Plaintiff's Complaint, the operative pleading in this case, filed December 26, 2018, contains one remaining cause of action against RN Candalla for Professional Negligence relating to conduct he alleges occurred at Correctional Health Services when he was an inmate of the Sacramento County Mail Jail from November 21, 2017 to November 22, 2017. Plaintiff asserts that RN Candaila, who served as ...

Excerpt: ...Statement of Evidence filed in support of RN Candalla's Motion for Summary Judgment, or in the alternative, Summary Adjudication. In accordance with the Rules of Court, rule 2.551(b)(4), RN Candalla has lodged Exhibits "6" and "7" to the concurrently filed Statement of Evidence conditionally under seal. This Motion is made upon the ground that a purported overriding confidentiality interest in Plaintiffs medical records exists which overcomes the...

Excerpt: ...eir divorce and child custody proceedings. This Court previously granted Defendant's motion for summary judgment but that order was reversed in part by the Third District Court of Appeal as to the causes of action for invasion of privacy and IIED. Plaintiff is not claiming any bodily injury in this action though he does allege that he experienced significant emotional distress as a result of the use of his medical records. This Court previously g...

Excerpt: ...nversion, breach of oral contract, negligent misrepresentation and violation of Business & Professions Code § 17200. Plaintiffs allege that Defendant Murray Peterson, a resident of Sacramento County, convinced them to invest in diamonds. Mr. Peterson was Plaintiffs' financial advisor. Mr. Peterson allegedly told them that he had been in the diamond business with Defendant Adam Lowe, a resident of Florida. They did business as Peterson Lowe, LLC....

Excerpt: ...udice. However, as to all requests for production for which further responses have been served since the filing of the motion, defendants are ordered to produce the responsive documents they agreed to produce, no later than February 20, 2020. This action arises out of a dispute arising from an operating agreement concerning the operation of Lincoln Gateway Ventures, LLC (Lincoln). Plaintiff has a 20% interest in the LLC and defendant Vanir Group ...

Excerpt: ...ode § 2802. The second cause of action is penalties pursuant to the Labor Code Private Attorney General Act of 2004 (Labor Code § 2698, et seq. “PAGA”) premised on alleged violations of Labor Code § 2802. Defendant moves to compel arbitration of Plaintiff's individual claim for violation of Labor Code § 2802 and stay the remainder of the action pursuant to an arbitration provision signed by Plaintiff. The U‐Haul Employment Dispute Resol...

Excerpt: ...laintiff has retained counsel. Accordingly, the Court now rules as follows on defendant City of Sacramento's (“Defendant”) demurrer to Plaintiff's First Amended Complaint (“FAC”). Plaintiff filed this action on February 21, 2019, alleging causes of action for breach of contract, fraud, and gross negligence against Defendant. Defendant demurred to each of these causes of action in the original complaint. On August 13, 2019, the Court grant...

Excerpt: ...of motion does not provide notice of the Court's tentative ruling system, as required by Local Rule 1.06. Moving counsel is directed to contact Plaintiff and advise of Local Rule 1.06 and the Court's tentative ruling procedure and the manner to request a hearing. If moving counsel is unable to contact plaintiff prior to hearing, moving counsel is ordered to appear at the hearing in person or by telephone. This action arises from a motor vehicle c...

Excerpt: ...s requests for judicial notice are granted. Plaintiff filed the complaint in this action on behalf of minor Skylar Wolf, alleging that Deborah and Joseph Russi, co‐trustees of the Kerner Family Generations Trust fbo Catherine L. Wissenback (“Trust”), wrongfully transferred trust assets to which Skylar Wolf was entitled. Defendant Burk was the attorney for the co‐trustees at all relevant times. Defendant Burk alleges that he never had an a...