Excerpt: ...and others. Plaintiff Farhad Hojatoleslami and Defendant Fatemeh are brother and sister. Plaintiffs allege that in February 2000, Plaintiff Farhad Hojatoleslami entered into an oral agreement with Defendants to form a company using funds from his property in Novato (“Novato Property”) to purchase three lots in Fair Oaks (“Fair Oaks Property”). According to the alleged agreement, Plaintiff Farhad Hojatoleslami worked in Defendants' gas sta...

Excerpt: ... Redacted versions of the summary judgment and the supporting documents were filed on November 6, 2018. (ROAs 24‐26) The redacted information contains Plaintiff's medical information. The redactions are narrowly tailored to only encompass that information. 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 parti...

Excerpt: ... before November 1, 2012. (See Second Amended Notice of Motion to Strike, Items 1 ‐ 15) Raley's contends any adverse action that occurred before that date is outside the limitations period for filing a FEHA complaint. A motion to strike may be used to attack any part of a pleading‐even single words or phrases‐ that are "irrelevant, false or improper" or "not drawn or filed in conformity with the laws of this state, a court r...

Excerpt: ...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 this elder abuse ...

Excerpt: ...raud and Conversion.” (Comp. Att. A.) Plaintiff alleges that pursuant to the will of Guy Wilson, he was entitled to possession of a “certain motor vehicle.” He alleges that Defendant intentionally and substantially interfered with his property by “fraudulently and by means of forgery taking possession and title to the vehicle and preventing Plaintiff from having access to the vehicle, and refusing to return the vehicle. Plaintiff did not ...

Excerpt: ...es between August 7, 2016 and July 27, 2018 or the date the Court approves the settlement, whichever is earlier. The PAGA claims were premised on six alleged violations of Labor Code (e.g., failure to pay wages, failure to provide meal and rest breaks, failure to provide itemized wage statements). Approximately 323 employees suffered the alleged Labor Code violations during the relevant period. Plaintiff calculated Flowmaster's maximum potential ...

Excerpt: ...jurisdiction to consider the motion. (Lee v Placer Title Co. (1994) 28 Cal.App.4th 503, 509, 511.) Although the matter is dropped, the Court must also note that Plaintiff apparently sought to seal the entirety of her papers in opposition to the Defendants' motion for summary judgment as opposed to simply sealing the portions that specifically refer to her medical records/condition. While medical records are presumptively private and may afford a ...

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: ...customers stopped using plaintiff's managed IT network services during the year defendant resigned. Plaintiff contends 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...

Excerpt: ...rike is DENIED. If a party desires to receive the same relief as another party and files papers "joining" another party's motion, the court will not consider the papers to be a separate motion and will not grant relief to the party joining the motion unless that party has complied with all procedural requirements for the filing of motions, including payment of filing fees, proper notice, format of motion and method of service. (Sacram...

Excerpt: ...ted a written claim to the public entity. (Govt. Code sec. 905, 945.4.) For claims involving injury to a person, claims must be presented to the public entity within six months of the accrual of the cause of action Govt. Code sec. 911.2(a). Failure to present the claim is a bar to the cause of action. In other words, the Act requires the timely presentation of a written claim for money or damages directly to a public entity, and the rejection of ...

Excerpt: ... to a Government or Law Enforcement Agency and Disability Discrimination. Plaintiff complained that her co‐ worker was using dirty scopes on patients and Dignity determined after investigation that plaintiff was not cleaning her scopes. Plaintiff alleges she was terminated due to her complaint and a physical disability. CCP 1987.1 provides: (a) If a subpoena requires the attendance of a witness or the production of books, documents, electronica...

Excerpt: ...ed a complaint against Defendant/Cross‐Complainant. Defendant/CrossComplainant then filed a cross‐complaint against subcontractors related to the claims in Plaintiffs' complaint. Plaintiffs and Defendant have asserted numerous claims of construction defects related to the homes. Capital installed and inspected drywall in 53 of the homes. Capital denies any liability but settled with Defendant/CrossComplainant for $26,500 (53 homes at $500...

Excerpt: ...on against HMA: (1) violation of the Song Beverly Act (Civil Code § 1770 et seq.); (2) fraudulent concealment; and (3) fraudulent inducement. HMA demurs again to the second and third causes of action. The demurrer is sustained without leave to amend on the basis that the second and third causes of action fail to state facts sufficient to state a cause of action against HMA. (CCP § 430.10(e).) The demurrer is sustained for the reasons stated in ...

Excerpt: ...nied. Defendant's Request for Judicial Notice is granted. Defendant's Objection to Evidence is sustained. In any event, the declaration is irrelevant to the issue to be decided in this motion. On May 24, 2018 the Court ordered that the request for $115,000 in damages in the FAC be stricken on a motion to strike. Although the Court could have merely deemed the language stricken from the FAC without the need for an Amended Answer, the Court...

Excerpt: ...009 and the default judgment entered on July 22, 2010 is denied. Plaintiff's Request for Judicial Notice is granted. Plaintiffs in this action sued defendant alleging substandard housing at a residence they rented from defendant at 8005 Sunset Avenue in Fair Oaks, California. A default judgment was obtained against defendant for the amount of $75,000 for each plaintiff, for a total of $150,000 at a default prove up hearing before the Hon. Kev...

Excerpt: ...eeks to set aside a default entered March 6, 2017 and a default judgment entered August 24, 2017 pursuant to CCP 473.5 and CCP 473(d). Pursuant to CCP 473.5, a party may move to set aside a default or default judgment within two years of the entry if they can establish that they had no actual notice of the lawsuit in time to file an Answer, even in cases where the substituted service was technically proper. Under CCP 473(d),"[t]he court may, ...

Excerpt: ...with her subsequent employer is GRANTED. CCP 1987.1 This is an employment action in which plaintiff alleges causes of action for Retaliation for Disclosure of Information to a Government or Law Enforcement Agency and Disability Discrimination. Plaintiff complained that her co‐worker was using dirty scopes on patients and Dignity determined after investigation that plaintiff was not cleaning her scopes. Plaintiff alleges she was terminated due t...

Excerpt: ...that she was never served on May 26, 2010 with the summons and complaint. The proof of service by the registered process server states that Defendant was served by substitute service at 812 Arthur Drive, West Sacramento. The person was served was Helen M. Lands, co‐defendant, who is described as her co‐ tenant and mother. (See Proof of service ROA No. 7) The return of process or notice, made by a registered process server (see California Busi...

Excerpt: ...to amend for failure to state facts sufficient to constitute a cause of action. Plaintiff, Trustee of Hardial Singh Hunju 1996 Trust, alleges that decedent, Hardial Singh Hunju, hired Sushil Bhopla as his live‐in caregiver after his wife died. Defendants Rhony and Veepak ("Vee") Bholpa are Sushil's daughter and son, respectively. The Court will refer to the parties Sushil, Rhony and Vee to distinguish them since they all share the s...

Excerpt: ... Harris, and Bradley Mannion seek an order sealing portions of the Declaration of Stuart C. Talley in Support of Request for Dismissal, pursuant to CRC 2.550 and 2.551. Paragraphs 4‐6 of the Talley Declaration contain information pertaining to individual settlement agreements that the parties have previously agreed is confidential. Dissemination of such content to third parties could impact the interests of the parties to this lawsuit. The seal...

Excerpt: ...uction No. 1 is granted/denied as set forth below. Defendant left his employment with plaintiff in 2013 and started his own IT support firm. Plaintiff contends that eleven of plaintiff's current customers stopped using plaintiff's managed IT network services during the year defendant resigned. Plaintiff contends one customer was billed for services by defendant's new company while he was still employed by plaintiff. Defendant contends...

Excerpt: ...mplaint is denied. Plaintiff has filed a Third Amended Complaint on June 14, 2018 and defendant has a pending demurrer to that pleading, set for hearing on August 3, 2018. Thus, this motion is moot as it is addressed to an inoperative pleading. To be clear, an amendatory pleading supersedes the original one, which ceases to perform any function as a pleading. Thus, an amended complaint supersedes all prior complaints. The amended complaint furnis...

Excerpt: .... Plaintiff moves for reconsideration of the order granting the fees' motion. “When an application for an order has been made to a judge, or to a court, and refused in whole or in part, or granted, or granted conditionally, or on terms, any party affected by the order may, within 10 days after service upon the party of written notice of entry of the order and based upon new or different facts, circumstances, or law, make application to the same...

Excerpt: ...here is no basis for an award of attorneys' fees where, as here, the case was dismissed prior to trial. In reply Defendant recognizes this controlling authority cited by Plaintiff and withdraws the motion. Defendant concedes that he has no basis for fees. Defendant's counsel declares that he had a mistaken but good faith belief regarding the availability of fees.. The Court declines Plaintiff's request in opposition to issue an OSC as to why ...

Excerpt: ...” (Walker v. Superior Court (1991) 53 Cal.3d 257, 269‐270.) In this action involving a dispute over the rental of a storage unit, Defendant moves to reclassify the matter from an unlimited action to a limited action. As seen from the Court's ruling on Defendants' demurrer, the subject contract was attached to the Second Amended Complaint. The contract contains a limitation of liability provision that provides that “[t]he maximum aggregate l...

Excerpt: ... court costs to be determined by the Court upon noticed motion.” By this motion, Plaintiff seeks $39,015 in fees, representing approximately 76.5 hours of attorney time at the hourly rate of $510. Civil Code § 1794(d) provides that a prevailing buyer is entitled to recover "costs and expenses, including attorney's fees based on actual time expended, determined by the court to have been reasonably incurred by the buyer in connection wit...

Excerpt: ... 2018, Plaintiff Kathryn Gerwig, inpro per, filed a motion to set aside the judgment pursuant to Code of Civil Procedure section 473(b) on the grounds of surprise or inadvertence, claiming that she did not receive timely notice of Defendants' motion. On June 7, 2018, Defendants filed an ex parte application to set aside the order granting the anti‐SLAPP to allow Plaintiff a fair and reasonable opportunity to file an opposition to the anti‐SLA...

Excerpt: ...position is UNOPPOSED and is GRANTED. In this foreclosure action, Plaintiffs allege claims against Defendant for negligence, violation of Business & Professions Code section 17200 et seq., violation of various provisions of the California Homeowner Bill of Rights, and breach of contract. Trial is currently set for December 17, 2018. Based on this trial date, the last day to file a motion for summary judgment, if the motion is mail served, is Augu...

Excerpt: ...uest for judicial notice is granted. NETF's request for judicial notice is granted. Cross‐Defendants' objections to the Declaration of Rick Grady are overruled. Factual and Procedural Background This action involves agreements regarding the construction of the Golden 1 Center in downtown Sacramento. In collaboration with the City of Sacramento, SDA was to design, develop, and construct the Golden 1 Center. In furtherance of these obligations, S...

Excerpt: ...lly sought a two week leave of absence starting July 1, 2016 to recover from major knee surgery. On July 8 plaintiff sent Hertz an email requesting an extension of the leave of absence until October 1 or "until further notice." Defendant told her that they could not hold her position open for three months, and plaintiff was terminated effective August 12, 2016. Plaintiff contends defendant 's "Medical Leaves Policy" is discrim...

Excerpt: ...ed to appear for his deposition on June 11, 2018 in violation of a court order, and has failed to comply with two prior court orders requiring him to serve responses to written discovery. (See Declaration of Jansen, Ex. A, Minute order of April 24, 2018 ordering defendant to appear for his deposition and awarding sanctions in the amount of $860, Ex. B Third Amended Notice setting deposition for June 11, 2018, Ex. C Order of February 6, 2018 order...

Excerpt: ...received the motion. In this personal injury action, Defendants seek an order requiring Plaintiff Joseph Mercado to submit to a second IME. Plaintiff underwent an initial IME on April 26, 2016 with Dr. Edward Younger, M.D., an orthopedist. Plaintiff complains of various injuries: left knee strain, lumbar sprain/strain; cervical degenerative disease; left shoulder pain; testicular pain; left hand pain; shaking in his hand and arm; and left tibia p...

Excerpt: ... The Court recognizes that plaintiff is self‐represented and no doubt has little or no legal training. However, self‐represented litigants required to follow the procedural rules that govern civil litigation. McComber v. Wells (1999) 72 Cal.App.4th 512, 522‐523. A party representing himself is to be treated like any other party and is entitled to the same, but no greater, consideration than other litigants and attorneys. Nwosu v. Uba (2004)...

Excerpt: ...rior to that time, Plaintiff's deposition had been noticed six times and Plaintiff had either failed to appear or the deposition had been rescheduled at the request of Plaintiff's counsel. Plaintiff was ordered to appear for her deposition no later than August 28, 2017. Anchor General's and Defendants' counsel again appeared for the August 28, 2017 deposition and Plaintiff again failed to appear. On October 17, 2017, the Court granted Anchor Gene...

Excerpt: ...e amount to be paid in the settlement; (3) the proposed allocation of the settlement proceeds; (4) a recognition that the settling parties should pay less in settlement than if they were found to be liable after trial; (5) the financial condition of the settling parties, and the insurance policy limits, if any; and (6) the existence of collusion, fraud or tortious conduct aimed to injure the interests of the non‐settling defendants. (Tech‐Bil...

Excerpt: ...done so. Smart Choice initiated this action when it filed its complaint arising out of a dispute regarding a home improvement contract with Mr. Shaw. Mr. Shaw initially filed a cross ‐complaint for breach of contract, negligence and fraud. The cross‐complaint has been amended numerous times after Mr. Shaw obtained leave to amend from the Court and when the parties stipulated to allow an amended cross‐complaint to be filed. Smart Choice now ...

Excerpt: ...errero. Judgment was entered on May 31, 2018. While the notice of motion does not set forth a specific basis for the motion (e.g. does not specifically cite CCP § 473), Plaintiff indicates in her memorandum of points and authorities that she moves to set aside the judgment pursuant to CCP § 473(b) on the basis that the CCP § 998 offer was withdrawn before Defendants accepted the offer. Alternatively, Plaintiff argues that if the offer was not ...

Excerpt: ...vice attached to the motion states that it was served on May 26, 2018, this is impossible because the motion references Plaintiff's discovery responses which were served on June 12, 2018, more than two weeks later. The Court would note that the motion itself is not dated and it is not clear when it was actually served as the Court's copy does not contain a dated proof of service. While service does appear to be untimely, Plaintiff was nevertheles...

Excerpt: ...018, the Court entered 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 Phoenix Settlement Administrators as the settlement administrator. By this motion, the parties now seek final approval of:...

Excerpt: ...1788.17 is granted. This action arises out of debt collection efforts by Defendant. Plaintiff alleges that defendant violated the Rosenthal Fair Debt Collection Practices Act, Civil Code section 1812.700(a). In this Court's February 9, 2018 order granting NES' motion for summary judgment against Mr. Wiegand, the court found that NES "cured" the alleged type‐size violation as to Mr. Wiegand pursuant to the cure provision in Civil...

Excerpt: ... having been a resident of the facility for ten years. The trial date is now February of 2019. Plaintiff's motion is accompanied by four separate statements for the following depositions/documents: 1. Deposition of Heidi Capela (PMQ re document categories No. 5 Rupp Weekly Reports, No. 6 and 7 documents transmitted to and from deponent regarding Windsor El Camino or Thomas Knowles, No. 8 and 9 documents transmitted to or from Jane Rupp regard...

Excerpt: ...efendant Douglas Clark Washburn. Washburn testified at his deposition in May 2018 that he started drinking mimosas on the morning of the collision and had consumed three 12 oz glasses before getting in his vehicle. Washburn was arrested after the high impact collision after having lied to the police about whether he had been drinking. Washburn tested at an alcohol level of .16, twice the legal limit. These facts are sufficient at the pleading sta...

Excerpt: ...ad a cause of action for Violation of the SongBeverly Consumer Warranty Act and allege that Defendant breached express and implied warranties. Plaintiffs allege that the vehicle was delivered to them with serious defects and nonconformities to warranty including various transmission, engine, HVAC and electrical defects. Kia seeks to strike paragraphs 14, 18, and portions of paragraph 17 (Plaintiffs' implied warranty claim). An issue of law may be...

Excerpt: ...fendants indicate that they were never served with the summons and complaint. They also indicate that the declaration in support of the application for entry of default and default judgment filed on January 21, 2016 contains a proof of service executed by self‐represented Plaintiff. On May 22, 2018, Defendants received a document titled “Plaintiff's Notice of Motion to Set a Later Date to Continue Civil Case Based on Incarceration of Plaintif...

Excerpt: ...nd, Inc's employee Bernardo Raul Gutierrez, Jr. while he was crossing the street in his wheelchair. Plaintiff alleges causes of action for negligence against Defendant Gutierrez and negligent supervision and negligent entrustment against Defendant C.R. England. C.R. England has admitted that Defendant Gutierrez was acting in the course and scope of his employment at the time of the incident. At issue on the instant motion are the deposition notic...

Excerpt: ...suant to CCP § 473(b). Plaintiff's counsel declares that after default and default judgment was entered, Plaintiff received notification that Defendant asserted a claim of fraud with respect to the subject account. Plaintiff eventually confirmed that Defendant's account was opened and/or used fraudulently. Plaintiff now seeks to set aside the default and default judgment entered against Defendant and to dismiss the matter with prejudice. Here, t...

Excerpt: ...ch was not properly secured by defendant Golden State Towing, LLC, slipped, injuring Plaintiff. On November 10, 2016, Plaintiff was driving his vehicle when defendants James R. Faulk and Shirley A. Faulk pulled into his lane and collided with his vehicle. Finally, on October 19, 2016, Plaintiff was driving his vehicle when uninsured motorist Connor Biehler turned into the side of Plaintiff's vehicle. The original Complaint was filed by Plaintiff'...

Excerpt: ... January 26, 2018. Plaintiff's request for judicial notice of these two Court Orders is granted. On December 6, 2017, this Court granted Plaintiff's unopposed motion to compel Opposing Defendants to serve verified responses to Plaintiff's Form Interrogatories, Set One, 4.1(e) on or before December 18, 2017. On January 26, 2018, this Court granted Plaintiff's unopposed motion for sanctions, imposing monetary sanctions of $1,035 on Opposing Defenda...

Excerpt: ...artment 53 of the Sacramento County Superior Court is 813 6th Street, Sacramento, California 95814. Defendants shall notify Plaintiff immediately. The notice of motion does not provide notice of the Court's tentative ruling system as required by Local Rule 1.06(D). Defendants are ordered to notify Plaintiff immediately of the tentative ruling system and to be available at the hearing, in person or by telephone, in the event Plaintiff appears with...