Excerpt: ...mpel compliance with Plaintiff's request for production yet the separate statement and accompanying papers indicate that Defendant interposed objections to the requests at issue (34‐40, 41 and 42) and did not agree to produce any documents. A motion to compel compliance is only proper where a party has agreed to produce documents but has failed to do so in compliance with its statement. (CCP § 2031.320(a).) As such, the motion at most can ...

Excerpt: ...fliction of emotional distress, elder abuse and wrongful death in connection with an incident on August 28, 2017 when the Decedent, who was terminally ill from lung disease, received a morphine drip of 250 milligrams over less than 90 minutes, despite an order from his physician for a morphine drip at 1 milligram per hour. Defendant demurs to the second, third and fourth cause of action for NIED, IIED and elder abuse. However, Defendant's rep...

Excerpt: ...ry 15, 2019 (though served on January 14.) On December 20, 2018, this Court granted Pacful's unopposed motion to compel. Plaintiff was ordered to serve verified responses, without objections, to Pacful's form interrogatories and requests for production (sets one) no later than January 3, 2019. The Court also granted Pacful's motion to deem matters in its requests for admissions admitted and awarded monetary sanctions. Defendants seek terminating ...

Excerpt: ...� 430.41. They have now done so. In this action Plaintiff alleges numerous causes of action against Defendant, including the Seventh Cause of Action for Wrongful Termination in Violation of Public Policy which is the subject of the instant demurrer. Plaintiff alleges that she began working for Cal Worthington as the business manager of the Worthington Dealership in Sacramento in 1987. (SAC ¶ 12.) She alleges that in 1991 she was moved to the cor...

Excerpt: ...strike Defendant's amended cross‐complaint. On December 6, 2018, the Court denied her motion for reconsideration of that ruling. On December 10, 2018, this Court granted Plaintiffs' motion for attorneys' fees pursuant to CCP § 425.16(c)(1) in the amount of $5,704.20. Defendant now seeks reconsideration of that order. As pointed out in opposition, while the proof of service states that the motion was served on the City Attorney on December 10, ...

Excerpt: ... to Evidence While Rall filed written “objections to evidence,” his objections are procedurally defective. Rall “objected” to several of the California Lottery's UMFs. Rall's objections are overruled because objections are properly directed solely at “evidence.” (See CRC Rules 3.1352, 3.1354.) The Court need not rule and does not rule on the California Lottery's objections to evidence. (See Code Civ. Proc. 437c(q).) Factual and Proced...

Excerpt: ...contract and negligence on June 7, 2018. Therein, Plaintiff alleges the following. On May 14, 2008, Plaintiff recorded a Grant Deed in favor of the City to establish a perpetual conservation easement on 80 acres of land in Sacramento County (the "Conservation Rights"). (Complaint ¶ 6, Exh. A.) The Grant Deed authorizes the City to transfer its interests in the Conservation Rights, but only with Plaintiff's prior written consent. (Complai...

Excerpt: ...f their contents. (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 wa...

Excerpt: ... to the truth of the contents. Although the demand for action to the board is referenced in the FACC, the letter itself is subject to differing interpretations as to who was responsible for the actions taken in directing the payments for estimated tax liabilities. A matter ordinarily is subject to judicial notice only if the matter is reasonably beyond dispute. (Post v. Prati (1979) 90 Cal.App.3d 626, 633.) Although the existence of a document ma...

Excerpt: .... (See Code Civ. Pro. § 436 (a)‐(c).) A motion to strike challenges 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...

Excerpt: ...ment will take place on January 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 Dearwester, Appearance is required on January 14, 2019. Plaintiff Frank Lee Dearwester shall be available by COURTCALL, to participate in oral argument on the continuance date. The Court previously issued a tentative ruling sustaining Defend...

Excerpt: ...rs, Dmitriy was able to file a reply. Plaintiff Prestige Carrier filed the complaint against Vitek on September 14, 2016 alleging causes of action against Vitek in connection with Vitek's handling of Prestige's truck. Vitek filed a cross‐ complaint on a Judicial Council Form on October 14, 2016 alleging causes of action for declaratory relief, breach of contract for failure to pay repair invoices, breach of contract for failure to pay pursuant ...

Excerpt: ...lated causes of action and Labor Code causes of action and also class claims including the tenth and eleventh causes of action for waiting time penalties and wage statement violations under the Labor Code. Defendant demurs only to the tenth and eleventh causes of action. Tenth Cause of Action (Waiting Time Penalties [Labor Code §§ 201‐203]) Defendant's demurrer is sustained without leave to amend for failure to state facts sufficient to const...

Excerpt: ...es. Defendants' request for judicial notice is granted to the same extent it was granted in connection with Defendants' demurrer. The motion is denied as to the request for attorneys' fees. While no statute or contract supporting an attorney fee award is alleged, Plaintiffs argue in opposition that they would be entitled to fees pursuant to CCP § 1021.5 if they prevail. A “prevailing plaintiff may seek attorney fees as a private attorney gener...

Excerpt: ...ration and printing of ballots and the qualifications of candidates leading up to the November 2016 general election. The complaint alleges a single cause of action for declaratory and injunctive relief. The De La Fuente plaintiffs dismissed their claims in June 2017. The motion is granted on the basis that Plaintiffs failed to state facts sufficient to constitute a cause of action. (CCP § 438(c)(1)(B)(ii).) Plaintiffs failed to properly and tim...

Excerpt: ...er 10, 2018. Self‐ represented defendant's Motion to Set Aside Default and Motion to Quash Service of Summons is denied. This lawsuit arises from an alleged credit card debt purchased by the plaintiff. Defendant seeks to set aside the default and default judgment pursuant to CCP § 418.10(a)(1), Civil Code section §1788.61, and CCP §473(d)) as well as pursuant to the equitable powers of the court to remedy extrinsic fraud in service. Civi...

Excerpt: ...ons of Todd Murch and Erin Scherer on the basis that they are high level apex employees. Eskaton makes the motion pursuant to Liberty Mutual Ins. Co. v. Superior Court (1992) 10 Cal. App.4th 1282, 1287 ["“it amounts to an abuse of discretion to withhold a protective order when a plaintiff seeks to depose a corporate president, or corporate officer at the apex of the corporate hierarchy, absent a reasonable indication of the officer's person...

Excerpt: ...eceased mother, Cheryl Lynn Shenefield. The caption of the complaint indicates it is for “Medical Malpractice and Wrongful Death,” but the body of the three page complaint appears only to allege an individual claim for wrongful death. The complaint alleges that due to Defendant's negligence, “plaintiff has been deprived of the comfort, affection, support, love, care, society and companionship of [her] mother.” (Complaint ¶ 11.) Defendant...

Excerpt: ...tion documents by the County Defendants ["NONE"]. They also state that the summary judgment contained "UNTRUE, INCORRECT, FRAUDULENT STATEMENTS." (p. 1 of Motion [emphasis in original]) Putting aside the question as to how the Chengs would know the contents of the summary judgment were untrue, incorrect or fraudulent if they never received the papers, it must be noted Plaintiffs have failed to present any evidence whatsoever indic...

Excerpt: ...es team who induced homeowners who experienced fire damage to their homes to enter into home improvement contracts covered under their homeowners' policies. Plaintiff received commissions on all contracts he obtained. Plaintiff generally contends his commissions were improperly calculated. On August 13, 2018, Plaintiff filed a complaint against Golden Coast Construction & Restoration (“Defendant” or “GCCR”) alleging the following eight ca...

Excerpt: ...f commercial real property located at 3230 Broadway, Sacramento, California 95817. The property consists of a two‐story, multi‐ tenant building with four commercial units and four residential apartments. On July 13, 2017, Plaintiff and 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 order to finance the purcha...

Excerpt: ...ected plaintiff's "Motion for Extension of Time" on the basis he had not followed the rules for filing of motions. The Requests for Judicial Notice are unopposed and are granted. (See Poseidon Devel., Inc. v. Woodland Lane Estates, LLC (2007) 152 Cal.App.4th 1106, 1117‐18; see also Stratford Irrig. Dist. v. Empire Water Co. (1941) 44 Cal.App.2d 61, 68 [recorded land documents, not contracts, are the subject of judicial notice on dem...

Excerpt: ...roaches, trespasses and overhangs plaintiff's property. Evans lived next door to plaintiff until April 17, 2018. Defendant Sanders is the current owner of the property. Plaintiff alleges that in January of 2017 a large branch fell from the tree and hit plaintiff's property causing $425 in damage. Defendant Evans gave plaintiff permission to remove the tree at plaintiff's expense but then revoked permission and denied access. (Complain...

Excerpt: ...at various locations at the University of California, Davis campus. The Perma‐Pipe Piping System was installed by several different contractors under a series of separate contracts. Perma‐Pipe was aware of and involved in the procurement efforts for the Piping System installed at the UC Davis Campus. As a necessary part of this process, Perma‐Pipe had knowledge of the intended locations and specific uses of its product at the Campus, and pr...

Excerpt: ...rnment Code sections 8547 et seq. Plaintiff alleges that he was retaliated against for disclosing improper governmental activities in the workplace. Plaintiff was employed as a Special Agent‐In‐Charge with the Office of Internal Affairs ("OIA"), Headquarters. Plaintiff was responsible for preparing threat assessment reports and alleges he was retaliated against for complaining that other employees were intentionally hiding relevant in...

Excerpt: ...deotaping of the exam shall take place and that plaintiff must answer all questions necessary to enable the physician to ascertain the nature and extent of her injuries. On October 9, 2018, defendant served a demand for the exam to take place November 8, 2018. On October 11, plaintiff served a Response that included the conditions that the exam would be videotaped and that the physician could not ask plaintiff any questions she had already answer...

Excerpt: ...ing the things herein alleged was acting within the scope of such employment and agency. It is further alleged that the Defendants are jointly and severally liable to Plaintiff. Defendant Scott Sagaria suddenly passed away in mid September 2018, after the Requests for Admission were served on him, Sagaria Law APC and Matthew Decaminada on August 8, 2018. The plaintiff has withdrawn the discovery as to Scott Sagaria. Scott Sagaria was the sole own...

Excerpt: ...es of action for negligence, battery, assault, false imprisonment, and intentional infliction of emotional distress arising out of being tackled and detained by security personnel at a Goodwill store in Redding. The Court previously granted Defendant's unopposed motion to strike related to Plaintiff's complaint and also granted Defendant's second opposed motion to strike related to Plaintiff's first amended complaint ("FAC"). Defe...

Excerpt: ...tion (collectively "Defendants") is SUSTAINED, without leave to amend. Overview The plaintiffs in this case are Gloria Single (“Single”) and California Long Term Care Ombudsman Association (“CLTCOA”) (collectively "Plaintiffs"). CLTCOA consists of local long‐term care ombudsman programs, staff, volunteers and supporters. CLTCOA advocates for long‐term care recipients such as Single. Ms. Single is in her 80s. Plaintiffs...

Excerpt: ...f this document, the Court accepts the fact of its existence, not the truth of its contents. Defendant's request for judicial notice of its form interrogatories (employment law) to Plaintiff and Plaintiff's responses thereto is denied. Defendant's request for judicial notice submitted in support of its reply as to a printout from the Anxiety and Depression Association of America is denied. As noted in Jolley v. Chase Home Finance, LLC (2013) ...

Excerpt: ...18, is granted. In taking judicial notice of this document, the Court accepts the fact of its existence, not the truth of its contents. This whistleblower action arises from an alleged assault that occurred in December 2016, wherein Plaintiff, a legislative aide in the Senate, was raped by a colleague, a legislative aide to an Assemblyman, after having been out with a group of colleagues and friends for dinner and drinks. (FAC ¶¶ 10, 11.) Plain...

Excerpt: ...g the federal action. The tentative ruling was then vacated and the matter was continued to today's date for a ruling on the merits of the matter. Defendant County of Sacramento, Correctional Health Services' (the “County”) demurrer to plaintiff Eric Alston's complaint is now ruled upon as follows. The County's request for judicial notice is GRANTED. This action arises from Plaintiff's arrest on or about November 21, 2017, following an alterc...

Excerpt: ...c)(1)(A).) On a plaintiff's motion for judgment on the pleadings, the Court must disregard all controverted allegations in the complaint and accept all facts properly pleaded in the answer. (Sebago, Inc. v. City of Alameda (1989) 211 Cal.App.3d 1372, 1379‐1380.) "A motion by plaintiff for judgment on the pleadings is in the nature of a general demurrer, and the motion must be denied if the defendant's pleadings raise a material issu...

Excerpt: ...sition was due no later than September 7, 2018. (CCP 437c(b)(2).) In addition, there is no proof of service of the opposition on Defendant. The court in its discretion may refuse to consider these papers in ruling on the motion. Weil and Brown Cal Prac Guide Civ Proc Before Trial (2017 The Rutter Group) para. 9:105:4 (citing CRC rule 3.1300(d); see also Sacramento Local Rule 2.31(C)). In this employment action, Plaintiff alleges causes of action ...

Excerpt: ...ne of Union Pacific's trains, which was being operated by Union Pacific's employees Timothy R. Thompson, Fredrick A. Ratliff, and Chris M. Wright. Decedent's two successors in interest, Elizabeth Brown and Don Johnson (“Plaintiffs”), have sued Union Pacific and its three employees alleging negligence in the operation of a motor vehicle, general negligence, and premises liability. On April 6, 2018, Plaintiff propounded its first set of written...

Excerpt: ...position and reply. Defendant seeks to prevent the deposition of his wife, Jacqueline Gutierrez, from going forward. This action arises from a September 24, 2016 accident. Plaintiff alleges he was crossing the street in a wheelchair when the tractor‐trailer Bemardo Raul Gutierrez, Jr.'s ("Mr. Gutierrez") was driving, in the course of his employment with CR. England, Inc., struck the wheelchair. Jacqueline Gutierrez ("Mrs. Gutier...

Excerpt: ...unctive relief and civil penalties in connection with the subject property located at 6136 Demonte Way in Elk Grove. Plaintiffs seek to have the subject property declared a public nuisance as a result of violations of numerous laws including drug house abatement laws. Plaintiff alleges that Defendant owns the subject property which has been home to a number of tenants and occupants and that the City has received over 100 complaints from neighbors...

Excerpt: ...einstated to continue in effect until the arbitrator's filing of a statement of decision. Defendant's Request for Judicial Notice is granted. Lyon's Evidentiary Objections to the Declaration of Malanga are sustained. Plaintiffs filed their Complaint on January 8, 2016 and their First Amended Complaint ("FAC") on March 8, 2016. (RJN, Exhs. M‐N.) The FAC asserts a single cause of action for violation of building standards for ...

Excerpt: ...f seeks to compel Defendant to provide full and complete responses to certain requests for production (set one). Requests nos. 12‐13, 18‐19, 24‐25, and 28‐37 relate to Defendant's investigations and analysis regarding the defects. Requests 7, 79‐83, and 96 relate to Defendant's warranty and repurchase policies. Defendant interposed numerous objections to the requests for production, including objections based on relevance, burden and op...

Excerpt: ...ch a motion to expunge is brought the burden is on the party opposing the motion to show the existence of a real property claim. Kirkeby v. Superior Court, (2004) 33 Cal. 4th 642, 647. A "real property claim" is defined in Code Civ Proc § 405.4 as “the cause or causes of action in a pleading which would, if meritorious, affect (a) title to, or the right to possession of, specific real property or (b) the use of an easement identified i...

Excerpt: ...f action against several defendants. Plaintiffs substituted Mr. Lynch as Doe Defendant 1 on October 21, 2015. (ROA 33.) Plaintiffs' complaint alleges the following six causes of action against Mr. Lynch: (1) personal injury ‐ strict product liability; (2) wrongful death ‐ strict product liability; (3) personal injury ‐ negligence; (4) wrongful death ‐ negligence; (5) survivors' action ‐ negligence; and (6) loss of consortium. Mr. Lynch ...

Excerpt: ...ing on this matter and served the opposition on Defendant that same day by mail. The Court notes Plaintiff argues his opposition was late because he was not served with this motion. However, the proof of service provided with Defendant's motion indicates Plaintiff was served by mail on August 21, 2018. Nonetheless, the Court has considered Plaintiff's opposition, but it does not change the Court's ruling. On August 10, 2018, this Court entered de...

Excerpt: ...2018. DWR and D.A. McCosker Construction Co. dba Independent Construction Company, and Fidelity & Deposit Co. of Maryland's (“ICC”) request for judicial notice is granted. Background The procedural history of this case is complicated and convoluted, and a brief history is helpful in the context of the instant proceeding to provide a comprehensive overview. DWR and ICC contracted for construction of the Dyer Reservoir. The Court first heard ar...

Excerpt: ...ontends 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 identities and email addresses and other contact information. Under Morlife Inc. v Perry (1997) 56 Cal.App.4th 151...

Excerpt: ... hearing in Department 53. Legal Officer D. Mercado shall have Mr. Harrell available by telephone on September 14, 2018 at 2:00 p.m. Mr. Harrell shall call Courtcall (888‐88‐COURT) prior to the September 14, 2018 hearing date and set up his appearance with Courtcall. In addition, Mr. Harrell will have to call Courtcall prior to the 2:00 p.m. hearing on September 14, 2018, so Courtcall can connect him to Department 53. The clerk shall fax a co...

Excerpt: ...will be received one court day after the filing date. The opposition was due August 23, therefore it should have been served in a manner to ensure receipt by plaintiff on August 24. However, the court has considered the opposition despite the untimeliness, as defendant has fully addressed the opposition in the timely filed Reply and has not been prejudiced by the late service of the opposition. This action arises out of a motor vehicle rear‐end...

Excerpt: ...ondent/claimant filed a claim opposing forfeiture on March 15, 2018. The People did not file a Petition for Forfeiture within 30 days of the filing of the claim and therefore Respondent seeks return of the property. At the time this matter was first on calendar, no petition for forfeiture has been filed. A Petition for Forfeiture was filed by petitioner on August 10, 2018 after this matter was continued to August 31, 2018, and then to September 6...

Excerpt: ...e court's tentative ruling sustained the demurrer without leave to amend. Despite failing to file an opposition, Plaintiff appeared at the hearing. The Court continued the matter to August 17, 2018 to allow Plaintiff to file a motion for leave to amend. Plaintiff failed to file a motion for leave to amend. The matter was then continued to the instant date. The Court received, but did not consider Plaintiff's opposition late filed on Augus...

Excerpt: ...4 Cal.App.2d 61, 68 [recorded land documents, not contracts, are the subject of judicial notice on demurrer].) The Court, however, does not accept the truth of any facts within the judicially noticed documents except to the extent such facts are beyond reasonable dispute. (See Poseidon Devel., supra, 152 Cal.App.4th at 1117‐ 18.) see also Fontenot v. Wells Fargo Bank, N.A. (2011) 198 Cal.App.4th 256, 265 ("[A] court may take judicial notice...

Excerpt: ...d, Inc., struck the wheelchair. On July 25, 2018, the Court granted defendant's motion to compel two IMEs, one by neurologist Vernon B. Williams, M.D. and a neuro‐psychiatric examination by neuropsychiatrist Mark H. Strassberg. The Court found good cause to require both examinations, and found that they were not duplicative of each other or the orthopedic and internal medicine exam. The examinations were to take place August 8, 2018. Plaint...