Excerpt: ...he truth of their contents. (Herrera v. Deutsche Bank Nat'l Trust Co. (2011) 196 Cal.App.4th 1366, 1375.) In this wrongful foreclosure action, plaintiff Tatyana Krivoshey (“Tatyana”) obtained a loan from America's Wholesale Lender (“AWL”) in the amount of $277,600 (the “Loan”), and a deed of trust secured by the property was recorded on February 28, 2005 (“DOT”). (FAC ¶ 153.) Mortgage Electronic System, Inc. (“MERS”) was the ...

Excerpt: ...iff's default on a mortgage loan and deed of trust. On or about July 11, 2007, plaintiff financed the real property commonly known as 9910 Pringle Avenue, Galt, CA 95632 ("Subject Property"). Plaintiff asserts that defendant did not comply with Civil Code section 2923.5. The other grounds asserted by plaintiff in her motion are not addressed in this ruling as the court did not find sufficient evidence to issue an OSC on those grounds....

Excerpt: ... basic facts necessary to establish a Lemon Law claim including ownership and manufacturing of the vehicle, offers to repurchase as well as other topics. Defendant served the following identical objection to each request: Objection as vague, ambiguous, irrelevant and not calculated to lead to the discovery of admissible evidence. MBUSA has already offered to repurchase the subject vehicle. Further, Plaintiff has served a C.C.P. § 998 offer of th...

Excerpt: ...e employees should be free to report waste, fraud, abuse of authority, violation of law, or threat to public health without fear of retribution. A state employee, who suffers an intentional act of reprisal, retaliation, or threat for the purpose of interfering with protected conduct may file a civil action for damages against the offending party, providing that the employee first files a complaint setting forth the alleged acts of retaliation wit...

Excerpt: ...s involved Defendants Kelly Priley and Anthony Priley. Plaintiff Barry Murakami filed this lawsuit in January 2018. On April 6, 2018, Defendants Kelly and Anthony Priley filed a General Denial. Defendants Vang and Xiong filed their Answer and a Cross‐Complaint against Defendants Mendez and Bradford on April 16, 2018. On May 7, 2018 and May 10, 2018, Plaintiff Murakami filed Doe Amendments as to Mendez and Bradford, Respectively. On June 4, 2018...

Excerpt: ...7‐1118; see also Startford Irrig. Dist. v. Empire Water Co. (1941) 44 Cal.App.2d 61, 68.) The Court, however, does not accept the truth of any facts within the judicially noticed documents, only the existence thereof. FACTS In August 2015, Plaintiffs obtained a mortgage loan from Paramount Equity Mortgage, secured by a Deed of Trust recorded against the property. An Assignment of Deed of Trust was recorded in March 2016 to memorialize the trans...

Excerpt: ...us types, personal items and a Winnebago. Plaintiff stored other personal property in a storage unit rented by Defendants, with Defendants' permission. The relationship between Plaintiff and Defendants is unclear. Plaintiff alleges that in February 2018, he left his residence at 650 Pinedale Avenue in Sacramento due to “the violence of Kirsten Charlton‐Rosa.” Plaintiff demanded his property at the time he left the residence. Plaintiff was l...

Excerpt: ...wners of 31 single‐family homes in the Aspen Village Development in Sacramento, California. Meritage is a residential homebuilder whom Plaintiffs allege is responsible for a variety of construction defects. Plaintiffs filed their FAC on May 14, 2018, alleging twelve causes of action against Meritage and various doe defendants. Meritage demurs to Plaintiffs' causes of action for breach of contract (first), nuisance (sixth), breach of purchase co...

Excerpt: .... The LLC filed the declaration as ordered. The Court finds the declaration meets the requirements of section 430.41, and indicates the parties failed to remedy any of the issues raised by the demurrer. Plaintiffs filed the FAC on May 11, 2018, alleging causes of action for breach of contract, dissolution of partnership, and partition and accounting against the LLC and co‐defendants Allie Chen (“Ms. Chen”) and Guozhong Chen (“Mr. Chen”)...

Excerpt: ... Plaintiff had created a triable issue of material fact as to various purported UMFs offered by Dr. Lee in support of his motion. Dr. Lee now moves for reconsideration of that order. Dr. Lee moves on the grounds that “newly obtained” deposition testimony from Plaintiff's expert witness, Dr. Mirza on June 4, 2018, and Plaintiff's expert witness Dr. Lachs on June 11, 2018, confirms Dr. Lee was not a “care custodian.” First, there are strict...

Excerpt: ...��Defendant”) failure to provide accurate wage statements. Specifically, the wage statements failed to set forth “Stay Safe Staffing, Inc.” and/or its address. Plaintiff's Second Amended Complaint (“SAC”) alleged violations of the Labor Code for the alleged failure to pay all wages due, issue accurate itemized wage statements, and other claims against Defendant and Horizon Personnel Services, Inc. (“HSPI”) On April 5, 2016, Plaintif...

Excerpt: ... arena. From February 2015 to September 11, 2015, Plaintiff worked as an apprentice. Plaintiff alleges that during that time, foreman Josh Taylor harassed Plaintiff due to his race (African‐American) and that when Plaintiff complained, nothing was done. Plaintiff also alleges he sustained a workers' compensation injury to his left knee, and that when he reported the injury to his supervisor to discuss his need for time off, he was terminated. P...

Excerpt: ...ounsel shall meet and confer and inform the Department 53 clerk of their request for a different, subsequent date. Factual and Procedural Background This case involves allegations against six skilled nursing facilities (Cathedral Pioneer Church Homes II, Congregational Church Retirement Community, Bixby Knolls Towers, Inc., Gold Country Health Center, Mayflower Gardens Health Facilities, Inc., and Stockton Congregational Homes, Inc.), the real pr...

Excerpt: ...arty shall inform the court clerk forthwith. Plaintiff served three sets of requests for admission on the defendant. No responses were served within 30 days of the service of each separate request. In opposition, defendant contends that the number of Requests for Admissions is excessive and that the Declaration of Finnerty served with each request does not justify serving more than 35 requests for admissions. However, any objections that defendan...

Excerpt: ... negligence; (2) negligent hiring, training, and/or retention of an unfit employee; (3) negligent supervision; (4) invasion of privacy; (5) intentional infliction of emotional distress; (6) negligent infliction of emotional distress; (7) sexual harassment; (8) stalking; and (9) assault. She asserts causes of action 1, 2, 3, and 6 against the Center for Psychiatry on a theory of direct liability. She asserts causes of action 4, 5, 7, 8, and 9 agai...

Excerpt: ... Damages is unopposed, taken as a concession to the merits, and is granted, with leave to amend. This action stems from a May 2013 encounter between Plaintiff and non‐demurring defendant Cal Force Security employees Christopher Peterson and Aaron Asley. Plaintiff alleges that he was ordered by the security guards to leave an AM/PM store and was followed by the guards to a Food Source store. He alleges that he was ambushed and tased with electri...

Excerpt: ... only the legal sufficiency of a complaint, not the truth or the accuracy of its factual allegations or the plaintiff's ability to prove those allegations. (Ball v. GTE Mobilnet of California (2000) 81 Cal.App.4th 529, 534‐35.) Defendant's Request for Judicial Notice is unopposed and is granted. In the instant matter, Defendant requests judicial notice of briefs filed in former proceedings raising the same issues, as well as the decisions o...

Excerpt: ...endants, and alleges that these defendants are part of a joint enterprise that owned and/or operated 11 gasoline service stations in six counties across northern California in violation of the rules and regulations of the State's Underground Storage Tank (UST) Program. This case was designated complex by Judge Alan Perkins on July 15, 2015. Plaintiff seeks terminating sanctions against Defendants Azad Amiri, Haleh Amiri, Nasrin Amiri, Dilpal Sing...

Excerpt: ... to file a brief in excess of 10 pages as required by CRC 3.1113(e). The Court therefore has the discretion to treat the reply brief as a late filed brief pursuant to CRC 3.1113(g). However, the Court considered the brief despite Plaintiffs' lack of compliance. The Court would note that the reply brief reads almost entirely like a new motion and varies greatly from the initial papers that Plaintiffs filed. This action relates to the South Canal D...

Excerpt: ... Inc. w. Wood (1989) 217 Cal.App.3d 200, 209, fn.4; see also Hines v. Lukes (2008) 167 Cal.App.4th 1174, 1182‐83.) Judgment may be entered under section 664.6 whether the parties are complying with the terms of the agreement or whether they are not. (Viejo Bancorp, 217 Cal.App.3d at 209, fn.4.) By enacting Code of Civil Procedure section 664.6 in 1981 (Stats. 1981, ch. 904, § 2, p. 3437), the Legislature endorsed the nonstatutory speaking moti...

Excerpt: ...o) and request for production (set three). Special Interrogatories The motion is granted. These interrogatories requested information related to payments made for medical services related to the subject incident, medical liens, and the amount plaintiff currently owes for medical expenses related to the subject incident. Plaintiff's response to each interrogatory was the same: “Objection. Collateral source rule. Without waiving the objection, se...

Excerpt: ...the Court's May 18, 2017 order enforcing the SPO. The parties entered into the SPO to cover financial information that the Defendants were required to produce. Pursuant to the SPO, Defendants were to provide personal and business tax transcripts, declarations identifying all personal and business bank accounts, and signed authorization to release all bank records from 2009 to present. Plaintiff filed a motion to compel compliance with the SPO whi...

Excerpt: ...ff sets forth a single cause of action for penalties pursuant to PAGA based on numerous alleged Labor Code violations. Defendants move to compel arbitration pursuant to an arbitration provision executed by Plaintiff in connection with her employment. The provision provides that in the event of dispute between Plaintiff and the Company both parties agree to “submit such dispute, claim or controversy to final and binding arbitration, including, b...

Excerpt: ...D and is GRANTED. No later than August 10, 2018, Plaintiffs shall serve further verified responses to Defendants' special interrogatories, set two, numbers 14‐16 and request for production of documents, set two, number 13. Sanctions are denied because the motions were not opposed. Although CRC 3.1348 (a) purports to authorize sanctions if a motion is unopposed, the Court declines to do so, as the specific statutes governing this discovery autho...

Excerpt: ...ff filed his original complaint on January 24, 2018, against Matheson Trucking, Inc. (“Matheson”), three of Matheson's related entities, and four individuals, Mark B. Matheson, Joshua Matheson, Charles J. Mellor, and Shirley Curran. Plaintiff filed his FAC on March 23, 2018, naming the same eight defendants and alleging 11 causes of action: (1) (Breach of Contract; (2) Breach of the Covenant of Good Faith and Fair Dealing; (3) Retaliation in ...

Excerpt: ... issues. Defendants demur to Plaintiff's first, second, fourth, eighth, and ninth causes of actions on the grounds they fail to state facts sufficient to constitute a cause of action. (CCP § 430.10 (e).) Legal Standard The pleading rules applicable to demurrers are now familiar and well established. Pleadings are to be liberally construed. (Code Civ. Proc. § 452) A demurrer admits the truth of all material facts properly pled and the sole issue...

Excerpt: ...rangevale, California. Plaintiff filed her complaint for premises liability and general negligence on August 10, 2017. On March 27, 2018, this Court granted Defendant's motion to deem matters admitted due to Plaintiff's failure to respond to requests for admissions. Specifically, the following requests were deemed admitted: 1. Admit that there was no dangerous or defective condition on the subject premises at the time of the subject incident. 2. ...

Excerpt: ...ord's (“Plaintiff”) First Amended Complaint (“FAC”) is ruled upon as follows. Defendants' request for judicial notice is granted. Plaintiff's request for judicial notice is granted. Plaintiff filed her FAC against Moving Defendants and alleging the following eight causes of action: (1) Breach of Contract; (2) Breach of the Covenant of Good Faith and Fair Dealing; (3) Retaliation in Violation of Labor Code § 1102.5; (4) Retaliation in Vio...

Excerpt: ...ries, and to eliminate references to the Cal Worthington Trust (the “Trust”). 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).) Defendants' motion to strike Plaintiff's claims for punitive damages is unopposed by Plaintiff a...

Excerpt: ...red and distributed by Defendant, suffers from widespread defects‐including Engine and Transmission Defects‐and that Defendant has been unable to repair the vehicle within a reasonable number of attempts. Plaintiff further alleges that Defendant knew that her vehicle suffered from the ongoing defects, which are widespread, but nevertheless refused to repurchase the vehicle‐a willful violation of the Song‐Beverly Consumer Warranty Act (...

Excerpt: ...ion, and the original complaint ceases to have any effect either as a pleading or as a basis for judgment. Because there is but one complaint in a civil action, the filing of an amended complaint moots a motion directed to a prior complaint. Once an amended complaint is filed, it is error to determine a cause of action contained in a previous complaint. State Compensation Ins. Fund v. Superior Court, (2010) 184 Cal. App. 4th 1124, 1129‐1131. Th...

Excerpt: ...n the required format set forth in California Rule of Court, rule 3.1354. This action arises out of personal injuries Plaintiff sustained while performing yard work at Defendant's property located at 8951 River Road, Sacramento, California. Plaintiff was being paid $12 per hour to help her friend, defendant Karen Zehnder, clean up her rental property before it was rented. Plaintiff was doing some work raking up brush when an unlicensed tree t...

Excerpt: ... not consider the opposition since it was filed after the tentative ruling was prepared. This action arises from a levy on a bank account pursuant to a writ of execution in the underlying case of Northern California Collection Service, Inc. v. Theodoros Avdalas, et al., case number 34‐2014‐00164759. In the underlying action, judgment was entered for NCCS. NCCS then levied Plaintiff's bank account to satisfy the judgment. NCCS then filed an ac...

Excerpt: ...nd 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, 2018, the Court (Judge De Alba) granted Mr. Fry's request to continue the trial date, but denie...

Excerpt: ...alties. Plaintiff's cause of action for wrongful termination in violation of public policy was dismissed after the District's demurrer. Plaintiff alleges that she was retaliated against after making complaints regarding health and safety problems in the preschool classroom where she worked as a teacher's assistant. In evaluating a motion for summary judgment or summary adjudication the court engages in a three step process. The Court first identi...

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

Excerpt: ... entitled to fees and costs under CCP § 1032 and Civil Code § 1717 as the prevailing party on the contract (Deed of Trust and Note). Here, there is no question that for purposes of CCP § 1032, Defendant is the prevailing party. CCP § 1032(a)(4) defines a prevailing party as a defendant in whose favor a dismissal was entered. Plaintiff dismissed this action against Defendant on April 23, 2018. Defendant is therefore entitled to costs as a matt...

Excerpt: ...iness locations in South Sacramento and Elk Grove. (Compl. ¶¶ 12, 13.) In exchange for business equipment, inventory, right to use Plaintiff's trade name and registered mark, and the business' goodwill, Pokeface agreed to pay $225,000 to Plaintiff. (Compl. ¶ 13.) Pokeface also agreed to assume responsibility for the leases at each business location. (Compl. ¶ 20.) Pokeface paid a total of $160,000 toward the purchase price and Plaintiff agree...

Excerpt: ...ies had an implied agreement for a joint venture pursuant to which Defendant asked Plaintiff if Plaintiff wanted to purchase and share a home with Defendant. Plaintiff alleged that they agreed to share expenses and invest in a home. Plaintiff alleges that Defendant obtained financing and promised to add Plaintiff to title. (SAC ¶¶ 2‐4.) Plaintiff alleged that they borrowed the $5000 for the home they purchased in April 2009 from Defendant's m...

Excerpt: ...f patients' bill of rights against defendants Plum Healthcare Group, LLC and Oleander Holdings, LLC dba Sacramento Post‐Acute (collectively, “Defendants”). Plaintiffs filed their First Amended Complaint on March 22, 2016. Defendants filed a petition to compel arbitration on February 18, 2016, which this Court denied on April 6, 2016. Defendants appealed this decision and this matter was stayed on June 7, 2016, pending resolution of the appe...

Excerpt: ...ly set for July 10, 2018. On June 19, 2018, Plaintiff appeared at an ex parte appointment requesting a stay. The Court granted an Order Shortening Time ("OST") setting the motion for July 10. No motion was ever filed for that date, so the tentative ruling for July 10 dropped the motion. A court which "drops" a motion is deleting a hearing on that motion from the court's calendar, and is not declaring the motion to be forever a...

Excerpt: ...er was previously set for hearing on July 2, 2018. Plaintiffs failed to file an opposition in advance of the hearing, but filed an opposition on the date of the hearing. The Court continued the matter to allow the Court and counsel and opportunity to consider the late‐filed opposition and to allow Defendant McCarty to file a reply brief. The Court notes that the tentative ruling in advance of the July 2 hearing had sustained the demurrer on the...

Excerpt: ... 235, Carmichael California and the second examination by Dr. Williams shall take place that same day at 3:00 p.m. at the same location. In this personal injury action arising from a September 2016 accident, Plaintiff alleges that he was hit by a tractor trailer driven by C.R. England, Inc's employee Bernardo Raul Gutierrez, Jr. while he was crossing the street in his wheelchair. Plaintiff alleges multiple catastrophic injuries rendering him ...

Excerpt: ...#34;lead case", was filed in 2015 against Labmor, Williams (a Canadian citizen), and other defendants. Defendant Aoraki (an Australian business) was added as a defendant through a Doe Amendment on August 11, 2015. The 2015 complaint alleges causes of action for Negligence and Strict Product Defect. The complaint alleges that on November 21, 2014, Plaintiff attended a marketing promotional event at Smith Flat House Restaurant in Placerville, C...

Excerpt: ... pursuant to CCP 1005(b). No opposition was filed. The complaint was filed in October 2007, and default judgment was entered on March 30, 2009 for the amount of $22,722.61. The plaintiff filed a Application for Renewal of motion, bringing the amount of the judgment to $41,524.83. This motion followed. Defendant asks the court to vacate the renewal of the judgment pursuant to CCP 683.170 on the ground defendant never had knowledge of the case and ...

Excerpt: ...tion of Business & Professions Code § 17200. Plaintiff alleges that Defendant owns psychiatric facilities and that non‐moving Defendants Okechukwu Nwangburkua and Iheoma Nwangburkua were owners, officers and managing agents. (Comp. ¶ 15.) Plaintiff alleged that he worked as the CEO and that as part of his employment agreement, in addition to his $150,000 salary, he was to be paid $36,000 per year for each additional facility that he opened or...

Excerpt: ...2016, in connection with his second accident, Plaintiff alleges he was instructed by Defendant 21st Century Insurance to tow his broken trailer to a body shop to obtain an estimate for the damage to Plaintiffs trailer and that during the drive, the trailer became detached, causing the trailer to run into Plaintiffs car. He also alleges that 21st Century owned, operated, serviced or maintained the vehicle. The only cause of action naming 21st Cent...

Excerpt: ...while he was crossing El Camino Boulevard as a pedestrian in a wheelchair. Gutierrez was employed by CR England, Inc at the time of the accident. Plaintiff issued deposition subpoenas for documents from the United States Department of Transportation and the California Department of Transportation. The subpoenas seek "Any and all documents, records, videos, photos, recordings, printouts and other business records of any kind that relate or ref...

Excerpt: ...rom 1976‐1978. Plaintiff attempted to serve Verdant Vales Foundation by serving non party Mackenroth, who, during the 1970s was a director and President of Verdant Vales School and assisted in drafting the articles of incorporation and amendments thereto in 1974 and 1977 when his children were attending the school. (See documents attached to opposition as exhibits to the Declaration of Katrina M. Yu.) Mackenroth states that he is not an agent f...

Excerpt: ...follows. Plaintiff's request for judicial notice is granted. This action stems from a relationship between Defendant and Hardial Singh Hunji (“Decedent”). Defendant alleges that she and Decedent were in a romantic partnership, whereas Plaintiff contends that Defendant was hired as a caregiver for Decedent. Decedent passed away on January 2, 2017. One month after Decedent's death, Plaintiff, as trustee of the Hardial Singh Hunji 1996 Trust (�...