Excerpt: .... Defendants Select Portfolio Servicing, Inc.'s (“SPS”) et al.'s demurrer to Plaintiff Cherrone Peterson's complaint is sustained without leave to amend. This matter was continued from July 24, 2018 to allow Defendants to comply with CCP § 430.41. They have now done so. Defendants' request for judicial notice is granted. (See Poseidon Devel., Inc. v. Woodland Lane Estates, LLC (2007) 152 Cal.App.4th 1106, 1117‐18; see also Stratford Irrig....

Excerpt: ...m. on August 29, 2018. Self‐represented Plaintiff's motion to “set aside default and default judgment” is denied. Defendants' request for judicial notice is granted. Pursuant to CCP § 473(b), Plaintiff moves to set aside the Court's order granting Defendants Patrick and Nancy DeAlva's anti‐SLAPP motion on July 18, 2018. The formal order was entered on August 3, 2018. A brief procedural history is necessary. Initially, Defendants' anti‐...

Excerpt: ...the same no later than 4 p.m. on August 29, 2018. Plaintiff/Cross‐Defendant Rosca Enterprises, Inc.'s motion to enforce arbitration agreement and stay claims pending arbitration is denied. Defendants Tyler and Kristina Rist's request for judicial notice is granted as to the complaint and cross‐complaint. The Court denies the request to take judicial notice of an unpublished appellate court decision which may not be relied upon by Defendants. ...

Excerpt: ...er than 4 p.m. on August 29, 2018. Defendants The Regents of The University of California (“UC”), Gregory Sokolov, M.D. and Andrea Javist's motion for summary judgment, or in the alternative, summary adjudication, is granted. Defendants' request for judicial notice is granted. In this employment action, Plaintiff Jessica McNary who was a licensed vocational nurse with the UC, alleges FEHA causes of action for failure to accommodate, failure t...

Excerpt: ...August 29, 2018. Defendant Volt Management Corp.'s demurrer to Plaintiff Maria Barraza's second amended complaint (“SAC”) is overruled in part and sustained without leave to amend in part as set forth below. Defendant's request for judicial notice is granted. In this employment action, Plaintiff alleges FEHA related causes of action for disability discrimination, retaliation, failure to accommodate and failure to engage in the interactive pro...

Excerpt: ... New Penn Financial, LLC dba Shellpoint Mortgage Servicing's (“Shellpoint”) demurrer to Plaintiffs Nikolay and Tatyana Martynov's complaint is ruled upon as follows. Shellpoint's request for judicial notice is 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 s...

Excerpt: ...han 4 p.m. on August 29, 2018. Defendant Sunrise Recreation and Park District's (“District”) demurrer to Plaintiff Beverly Becker's first amended complaint is ruled upon as follows. This matter was continued from July 24, 2018 to allow the District to comply with CCP § 430.41. It has now done so. District's request for judicial notice is granted. In this action Plaintiff alleges two causes of action against the District for Dangerous Conditi...

Excerpt: ... 2018. Defendant's unopposed demurrer to self‐represented Plaintiff Stephanie Mammen's second amended complaint (“SAC”) is ruled upon as follows. This matter was originally set for July 27, 2018. The 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 leav...

Excerpt: ...ulton Avenue Used Car location for approximately 6 months starting on January 19, 2016. She initially sought a two week leave of absence starting July 1, 2016 to recover from major knee surgery. On July 8, 2016, Plaintiff sent Hertz an email requesting an extension of the leave of absence until October 1, 2016, or "until further notice." Defendant told her that they could not hold her position open for three months, and Plaintiff was term...

Excerpt: ...sed, taken as a concession to the merits (D.I. Chadbourne, Inc. v. Superior Court (1964) 60 Cal.2d 723, 728, fn. 4 [where nonmoving party fails to oppose a ground for a motion “it is assumed that [nonmoving party] concedes” that ground].), and is sustained without leave to amend for failure to state facts sufficient to constitute a cause of action. On April 19, 2018 the court sustained the demurrer of defendant Anne Marie Schubert's, with...

Excerpt: ...ice is 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 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...

Excerpt: ... suffered gender discrimination, harassment and retaliation stemming from her perceived entitlement to a promotion to an Attorney IV position. She further alleges whistleblower retaliation and fraud against CDE and her coworker/ supervisor Defendants. Defendants contend this action will require extensive document productions, which will include confidential and privileged information relating to the allegations within Plaintiff's First Amende...

Excerpt: ...ut of the case in April 2018 and plaintiff is now self‐represented. Defendant Select Portfolio Servicing, Inc. ("SPS") is the loan servicer. On December 18, 2017, a Notice of Default ("NOD") was recorded. (FAC, Exhibit S.) A balance of $117,579.25 is owed on the loan. Plaintiff alleges that moving party interfered with her efforts to get relief from the "Keep Your Home California" ("KYHC") principal forgiveness p...

Excerpt: ...y have now done so. In this action, Plaintiffs allege four causes of action for breach of written contract, conversion, negligence/negligent misrepresentation, and “emotional distress.” The case involves a dispute regarding the rental of a storage unit. The Court previously sustained Defendants' demurrer to the original complaint on February 14, 2018 and the first amended complaint on April 20, 2018. (ROA 24, 45) As was the case with the prev...

Excerpt: ...icial notice is 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 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 disp...

Excerpt: ...ch denied Petitioner's motion for relief from Government Code section 945.4 on the ground that Petitioner's purported mistake of law or neglect was insufficient to support the claim for relief. Petitioner now moves for reconsideration of that Order on the grounds that she “has facts with evidence that [she] would like to present.” (Motion at 2:8‐9.) Petitioner then asserts she had started and continued filing complaints with the Departm...

Excerpt: ...or summary adjudication, the court need rule only on those objections to evidence that it deems material to its disposition of the motion.]) The Court notes that only URC's one objection to evidence, filed separately with its reply, complies with Cal. Rules of Court Rule 3.1354(b). The Court declines to rule on the remaining objections by URC due to their lack of compliance with the rule of court. This is a negligence and dangerous condition ...

Excerpt: ... 4:00 p.m on August 24, 2018, to notify the clerk of the new date. The clerk is instructed to forthwith fax this tentative ruling to the litigation coordinator. The litigation coordinator for Plaintiff Crosby shall arrange for a court call for the required appearance on August 27, 2018. Mr. Crosby shall be available by COURTCALL, to participate in oral arguments. Defendants Yulanda Mynhier and R. Steven Tharratt's (collectively, “Defendants”)...

Excerpt: ...ering, cooling system and brakes, Plaintiff seeks to compel Defendant to provide full and complete responses to certain requests for production (set one). Requests nos. 11, 23 ‐27, 32‐35, 40‐43, 48‐51, 64, 73, 82, and 91 relate to Defendant's investigations and analysis regarding the defects. Requests 10, 14, 15, 101‐106, and 119 relate to Defendant's warranty and repurchase policies. Defendant interposed numerous objections to the requ...

Excerpt: ...ed and Plaintiff has withdrawn Dr. Hwang as a non‐retained expert. Both parties designated Dr. Hwang as a treating non‐ retained expert in June of 2018. (Simerly Decl., Exhs. B, C.) On June 29, 2018, Defendant noticed Dr. Hwang's deposition for July 9, 2018, the last date to complete non‐expert discovery. (Simerly Decl., Exh. D.) Dr. Hwang's office then informed Defendant that Dr. Hwang was not available on July 9, but would be available on...

Excerpt: ...‐and‐hour misclassification action, Plaintiff, a licensed dentist, alleges he was improperly classified as an exempt employee. Plaintiff alleges causes of action for failure to pay overtime, failure to pay piece‐rate wages, failure to pay all wages upon termination, failure to provide meal and rest periods, violation of Business & Professions Code section 17200 et seq., conversion, and declaratory relief. Plaintiff now moves to compel furth...

Excerpt: ...��beam guard rails on various sections of roadway. Plaintiff filed its form complaint on August 11, 2016, alleging two causes of action for breach of contract and two causes of action for common counts. Plaintiff alleges Defendant failed to make payment to it within 30 days of its final invoices for the two jobs, job numbers 06‐0H2504 (“Contract 1”) and 07 ‐266404 (“Contract 2”). Defendant moves for summary judgment on the ground that...

Excerpt: ...aintiff filed her FAC on May 29, 2018, alleging the following seven causes of action: (1) race discrimination (FEHA); (2) gender discrimination (FEHA); (3) retaliation (FEHA); (4) aiding and abetting (FEHA); (5) harassment (FEHA); (6) failure to prevent harassment, discrimination, and retaliation (FEHA); and (7) IIED. Defendant demurs to the entire FAC on the grounds it is uncertain. Defendant also demurs to each cause of action on the ground tha...

Excerpt: ...filed a motion to change venue. David Moon, A Partnership, was not a moving party on that motion and therefore had not made a general appearance. After the motion to change venue was denied without prejudice for lack of proper notice, plaintiff requested a default against David Moon, a Partnership. The clerk entered the default of the partnership on July 6, 2018. The Request for Entry of Default as to David Moon, a Partnership, was not improper. ...

Excerpt: ...lid cause of action, fails to state facts sufficient to constitute any cause of action against these demurring parties, and is uncertain. Moving parties ("Alley") inherited the property located at 702 Sutter Street in Folsom, California, ("the premises") that was being leased by Hacienda Del Rio, Inc. pursuant to a commercial lease agreement. Defendants became Plaintiffs' landlord under the lease. (SAC, ¶ 8.) On March 23, 201...

Excerpt: ...le, by COURTCALL, to participate in oral argument on the continuance date. Defendant Yulanda Mynhier and R. Stephen Tharatt M.D.'s Demurrer to the 1st amended complaint is unopposed, taken as a concession to the merits, and is sustained without leave to amend for failure to state facts sufficient to constitute a cause of action. The Court previously sustained the demurrer to the Original Complaint, with leave to amend. The defects have not be...

Excerpt: ...4, 2018. Defendant EMSA has never been served with the summons and complaint. Defendant contends that the Court scheduled a case management conference for September 21, 2017 and ordered Plaintiff to appear and show cause why the case was not proceeding to trial. The Court continued the case management conference and hearing on order to show cause several times. EMSA did not appear. Counsel for defendant states Plaintiff's counsel Michael Oppe...

Excerpt: ...ule 1.06(D). Counsel for Plaintiff is directed to contact defense counsel forthwith and advise of Local Rule 1.06 and the Court's tentative ruling procedure. If counsel for moving party is unable to contact the other counsel prior to the hearing, counsel for Plaintiff shall be available at the hearing, in person or by telephone, in the event any party appears without following the procedures set forth in Local Rule 1.06(B). Through this motion, P...

Excerpt: ...iff's minor daughter was a passenger in her vehicle at the time of the accident and is also a named Plaintiff. The Court appointed Plaintiff as her daughter's guardian ad litem on May 19, 2016. Plaintiff was represented by counsel until counsel's motion to be relieved was granted on February 1, 2018. The trial in this matter was originally set for January 8, 2018, then continued to February 26, 2018. After Plaintiff's counsel withdrew, th...

Excerpt: ...set one, is GRANTED in part and DENIED in part. This is an elder abuse action arising out of plaintiff Barbara Lovenstein's residency at Defendants' Eskaton Fountainwood Lodge residential care facility. Plaintiffs allege that Ms. Lovenstein was improperly administered medication that resulted in her death on April 11, 2012. Robin Hutcheson, as successor in interest on behalf of Lovenstein, and Charles, sued defendants. In their first amen...

Excerpt: ...rtin Luther King Jr. Village Apartments located at 3900 47th Avenue in Sacramento, California (the "MLK Village"). (FAC ¶ 6.) As the property owner, Mercy Housing California XXVI, LP has no staff or employees on the property and is not involved in the MLK Village's day‐to‐day operations. Instead, Mercy Housing California XXVI, LP contracts with: (1) Mercy Housing Management Group, Inc. to provide property management services at t...

Excerpt: ...ember 23, 2003, Plaintiff Oleg Beknazarov ("Plaintiff') and non‐party Irina But obtained a loan in the amount of $148,000.00 ("the Loan"), the repayment of which was secured by a Deed of Trust ("Deed of Trust") recorded against certain real property located at 7716 Rudyard Circle, Antelope, California 95843. Plaintiff alleges that Fay Servicing, the current servicer since May of 2018, is violating the Homeowner's Bil...

Excerpt: ...ewing DOC contracts with third parties. (Id., 5.) In or around August 2015, DOC entered into a consulting contract with Alexan International, Inc., an information technology contractor specializing in database architecture. (Id., 8.) Alexan recommended a software system created and owned by the Ground Water Protection Council (GWPC), a nonprofit composed of state agencies regulating ground water within their respective states. (Id., 9.) At that t...

Excerpt: ...t, a “bare bones” motion which sets forth the ground of good faith, accompanied by a declaration which sets forth a brief background of the case is sufficient. City of Grand Terrace v. Superior Court (1987) 192 Cal. App. 3d 1251, 1261 On August 2, 2018, a "Notice of Settlement of Entire Case" was filed with the court. Nonetheless, it is a "conditional settlement." The court would further note the pending stipulation and order ...

Excerpt: ...ty is by an easement that runs through Defendant's property. Plaintiffs allege that Defendants often have guests over who block Plaintiffs' access to their property, but that Defendant refuses to remedy the situation. Plaintiffs further allege that Defendant has repeatedly filed false complaints against Plaintiffs with the Sacramento Sheriff's Department, and that during one altercation between Defendant and Debora Kirkwood, Defendant ran over Ms...

Excerpt: ...a VSS Emultech's (“Plaintiff”) request for judicial notice is GRANTED. Plaintiff filed its original complaint on March 12, 2018. Defendants demurred to the complaint and the Court sustained the demurrer with leave to amend. Plaintiff filed its First Amended Complaint on April 16, 2018. Defendants demurred again on the grounds that the claims are barred by the applicable statute of limitations set forth in CCP § 335.1. The Court sustained the...

Excerpt: ...o the medical battery cause of action. Defendant moves to strike allegations in the Second Amended Complaint (“SAC”) that assert or imply Defendant's actions were sexual in nature. Specifically, Defendant moves to strike the following: 1) All usage of the phrase "grab, grope, fondle, caress, physically touch, hold, and handle" (SAC ¶¶1, 8, 13, 14, 15, 16, 21, 22); 2) All usage of the word "sexually” (SAC ¶¶ 17, 27, 30, 32); ...

Excerpt: ...n drainage fees collected by the City. The City entered into drainage agreements with development companies Alleghany and defendant Beazer Homes Holding Corp. (“Beazer”) in connection with their work on common drainage facilities, which entitled either or both of them to reimbursement of their construction costs. Beazer and Alleghany are the only claimants to the Fund. The City has been discharged from the action. On December 9, 2009, the Cou...

Excerpt: ...gically resulted in Chris Yuan's death (“Decedent”). The Decedent's family and friends brought this suit against the Legends and its property management company, Jalson Col. Inc. dba Gerson Baker & Associates (together, “GBA”), JAD, and others. Legends and GBA filed a CrossComplaint against several parties, including JAD. In relevant part, the CrossComplaint alleges a cause of action against JAD for express indemnity. (Walker Decl. Ex. A....

Excerpt: ...eging six causes of action against Defendant. Plaintiff filed her First Amended Complaint (“FAC”) on January 2, 2018, alleging eight causes of action against Defendant. The parties stipulated to allow Plaintiff leave to file the SAC, which is the subject of this instant motion. Plaintiff filed the SAC on May 31, 2018, alleging the following eight causes of action against Defendant: (1) violation of the Fair Pay Act (Equal Pay Act) based on se...

Excerpt: ... into a school bus, causing the bus to roll over. Plaintiff Gerald Austin, Sr. was serving as an attendant on the bus at the time of the collision and was injured. Plaintiffs filed their original complaint on August 2, 2017, alleging motor vehicle and general negligence. Plaintiffs filed their First Amended Complaint on October 19, 2017, alleging motor vehicle, general negligence, and loss of consortium. The Court consolidated Plaintiffs' case wi...

Excerpt: ... 4:00 p.m on August 24, 2018, to notify the clerk of the new date. The clerk is instructed to forthwith fax this tentative ruling to the litigation coordinator. The litigation coordinator for Plaintiff Crosby shall arrange for a court call for the required appearance on August 27, 2018. Mr. Crosby shall be available by COURTCALL, to participate in oral arguments. Defendants Yulanda Mynhier and R. Steven Tharratt's (collectively, “Defendants”)...

Excerpt: ... to state facts sufficient to constitute a cause of action. On April 19, 2018 the court sustained the demurrer of defendant Anne Marie Schubert's, without leave to amend, to the complaint filed by self‐represented plaintiff Dwyane Burgess. The complaint commences with the following recitation: "Now Comes Aggrieved party (U.C.C. §1‐201(2)) Dwayne Lamont Burgess (hereinafter Aggrieved party), Sui Juris, Secured Party (U.C.C. §9‐105)...

Excerpt: ...issal of the Third Amended Complaint on January 23, 2018 (ROA 527). On April 5, 2018, in Department 54, Judge Rodda denied the motion to vacate the voluntary dismissal in that case, finding that the "attorney neglect" upon which the motion was based did not fall under the mandatory fault provisions of CCP 473. After Plaintiff's motion to vacate his voluntary dismissal [which was filed without prejudice] was denied, he filed this case,...

Excerpt: ...cts within the judicially noticed documents except to the extent such facts are beyond reasonable dispute. (See Poseidon Devel. 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 of the fact of a document's recordation, the date the document was recorded and executed, the parties to the transaction reflected in the recorded document, and the docum...

Excerpt: ...der. Defendants' request for judicial notice of the Court's prior Minute Orders is granted. Factual and Procedural Background As the facts of this case are well known to the Court, they receive summary recitation here. Plaintiff Garvey Equipment Company (“Plaintiff”) and RKU each submitted bids on two separate tree chipper contracts in response to the following California Department of General Services' (“DGS”) invitation for bids: IFB 62...

Excerpt: ...t for judicial notice is granted. Factual and Procedural Background This action arises out of the plans of CDE4 and its members, Plaintiff and CH4 Power, to plan, develop, permit, and profit from a biogas project in Fresno County. Specifically, CDE4 was going to build an anaerobic digester for California dairy farmers. In 2016, CH4 sought investors to partner with to build and maintain the anaerobic digesters. In exchange, among other things, inv...

Excerpt: ...Plaintiff and Defendant, acting as an employee at the time of defendant La Tapatia Tortilleria, Inc.. Plaintiff served Defendant with its first set of document requests on January 25, 2018. Defendant served responses on May 2, 2018. After meet and confer efforts failed, Plaintiff now moves to compel a further response to Request for Production Number 6, which seeks “Any and all Document(s) in your possession, custody, or control that contain wi...

Excerpt: ...ing, the Court asked the parties to discuss the subpoena issue. Thereafter, the parties agreed to limit the subpoenas to the body parts at issue in the action (Plaintiff's spine, neck, back, shoulders, lower extremity symptoms and sciatica). CSAA then reissued the subpoenas to Sutter Physicians Services and Sutter Medical Foundation seeking Plaintiff's medical records regarding the body parts at issue. The subpoenas do not contain any applicable ...

Excerpt: ... schedule to begin on February 27, 2018. The parties then stipulated to continue the trial, and on February 7, 2018, the Court continued the trial date to June 26, 2018. On June 15, 2018, Plaintiff substituted his former counsel, Mr. Patrick, for his current counsel, Christopher J. Fry. Four days later, on June 19, 2018, Mr. Fry filed an ex parte application in Department 47 before Judge De Alba to continue trial and related dates. On June 20, 20...