Excerpt: ...s 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 violation of a law, rule or court order. (Code of Civ. Proc. § 436....

Excerpt: ...about November 21, 2017, following an altercation with his wife. (Compl. ¶ 13.) The deputies transferred Plaintiff to a Kaiser hospital where he was prescribed Ibuprofen prior to his intake with the Sheriff's Department at the main jail. (Compl. ¶ 14.) The following day, Plaintiff was in pain while incarcerated and was seen by correctional medical staff. Plaintiff was released later that same day. Defendant Maria Candalla R.N.'s demurre...

Excerpt: ...worked as a para professional for Defendant Elk Grove Unified School District during the 2015‐2016 and 2016‐2017 school years. The case is currently set for trial to commence on February 25, 2019. The Sacramento County Sheriffs Department arrested Gollas on or about September 16, 2016 and conducted an investigation into the allegations of the complaint. Deputy Mark Francis, Badge #1490 and Detective Heidi Hampton, Badge #567 investigated the ...

Excerpt: ...ng parts of the 2014 and 2015 baseball seasons. Defendant served a business records subpoena on Wells Fargo asking for all of plaintiff's bank records for the period of time he was employed by the Rivercats. On September 7, 2018, Defendant Sacramento River Cats Baseball Club, LLC served Plaintiff with its Deposition Subpoena for Production of Business Records from Wells Fargo Bank, National Association c/o CSC ‐ Lawyers Incorporating Servic...

Excerpt: ...ACTS According to Plaintiffs' Complaint, this matter is based on an underlying lawsuit in this Court. In that case, Case No.34‐2009‐00067457, Plaintiff Edward J. Broussard, Sr., filed suit against Cambridge (Natomas) LP and Cambridge Communities, LLC, seeking damages related to defective construction of nine houses in the Northpointe Park, Village 31 subdivision. After several amendments to the Complaint in the underlying case, there were 33 ...

Excerpt: ...ary 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 Dearwater, Appearance is required on January 14, 2019. Plaintiff Frank Lee Dearwater shall be available by COURTCALL, to participate in oral argument on the continuance date. The Court previously issued a tentative ruling sustaining Defendant's demurrer without leave t...

Excerpt: ... competing declarations regarding the meet and confer efforts which are confusing at best and they seem to be arguing about what was discussed and whether any agreement was reached. The Court was unable to determine exactly what, if anything, was resolved by the meet and confer efforts. The Court notes that the demurrer indicates that Cross‐Defendant concurrently filed a special motion to strike pursuant to CCP § 425.16 with respect to the fir...

Excerpt: ...led via a successful motion summary judgment. WFB now seeks attorney fees pursuant to Civil Code § 1717 related to the litigation of this case. Plaintiff filed a similar fee motion in March 2018, which this Court denied without prejudice. In that minute order, the Court concluded that while it found the hourly rate charged by Plaintiff's counsel to be reasonable, but denied the motion on the grounds it was unable to determine whether counsel had...

Excerpt: ...lemental briefing in response thereto. Factual and Procedural Background Petitioner Parker Turner Albright, PC, a law firm, (“PTA”) was formed in April 2017. Attorneys Marcus Turner and Port Parker each hold a 50% shareholder interest in PTA. Michelle Albright jointed PTA as a named partner, but is not a shareholder. On December 29, 2017, Respondent Port Parker (“Parker”) executed and served a Written Consent to Dissolve, authorizing the ...

Excerpt: ...ses liability) and negligence per se against numerous defendants in connection with injuries she sustained when she fell off a sidewalk at a Rite Aid. Defendants' separate statement includes the following. In 2007, Thrifty Payless, Inc. dba Rite Aid (“Thrifty”) approached PDC to develop a Rite Aid at 9260 Elk Grove Boulevard (the “Property”). PDC received final approval for plans, specifications and conditions from the City of Elk Grove o...

Excerpt: ...e underlying transaction between the parties concerned a loan to Defendants Mariya Chkuaseli and Durmishkhan Chkuaseli's business CargoTek which they personally guaranteed. Defendants argue that the sister state judgment from New York was premised on a confession of judgment which did not comply with due process and was not a knowing, voluntary and intelligent waiver of constitutionally required notice and a hearing before entry of judgment again...

Excerpt: ...y 28, 2016 hearing with respect to a dispute between VSP and Respondent Gordon Epstein, O.D. regarding VSP's decision to terminate its contract with Dr. Epstein and seek restitution based on improper claims submitted and paid by VSP. The parties entered into a network doctor agreement (“NDA”) which contained a “Fair Hearing” provision which provided that in the event of a dispute as to any discipline imposed against a Network Doctor, the ...

Excerpt: ...s 1‐4, 8‐9, 12‐14, and 21‐26, is ruled upon as follows. In this slip‐and‐fall personal injury action, Plaintiff alleges she fell and injured her right knee on April 8, 2017, at the Target store located at 1919 Fulton Avenue, Sacramento, California. Plaintiff's alleged injury to her right knee required surgical repair. Plaintiff alleges the fall was caused by rain water tracked in from outside and that the store negligently failed to p...

Excerpt: ... noticed over 70 depositions, the notices of which contain 774 requests for production of documents, all within a short period of time. During this same time‐frame, Plaintiff also served 5 sets of discovery on Sacramento Post‐Acute (including form interrogatories, special interrogatories, requests for production of documents, and requests for admission), two sets of discovery to Plum Healthcare Group, LLC, and initial discovery to the five de...

Excerpt: ...a Department of Motor Vehicles (“Respondent”) and operated by one of the Respondent's employees. Petitioner is an immigrant from India, speaks limited English, and has a limited understanding of the American justice system. (Laskin Decl. ¶ 4.) Following the collision, Petitioner retained the services of the Mann Law Firm. (Kaur Decl. ¶ 4.) She forwarded all communications addressed to her to her attorney at the firm. (Kaur Decl. ¶ 5.) In o...

Excerpt: ...Code of Civil Procedure section 439. Section 439 provides that "(a) [b]efore filing a motion for judgment on the pleadings pursuant to this chapter, the moving party shall meet and confer in person or by telephone with the party who filed the pleading that is subject to the motion for judgment on the pleadings for the purpose of determining if an agreement can be reached that resolves the claims to be raised in the motion for judgment on the ...

Excerpt: ... Plaintiffs' Request for Judicial Notice of the court order granting a Limited Judgment Appointing Guardian Conservator for Roy Masters is granted. Defendants' Evidentiary objections are overruled. Defendants seek and order quashing the service of summons in this action for lack of personal jurisdiction pursuant to Section 418.10(a)(1) of the Code of Civil Procedure. Defendants contend that this Court does not have personal jurisdiction o...

Excerpt: ...e DOC she contends was the basis for its retaliation. (Sanders decl. Ex. A.)" 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 parties' interest will be prejudiced absent sealing; that the proposed sealing is narrowly tailored to serve the parties' interest; and that there is no less restrictive mean...

Excerpt: ...plaint against Defendant and others. Plaintiff alleges causes of action against Defendant for invasion of privacy, public disclosure of private facts, false light, and IIED. The causes of action against Defendant arise out of allegations that Defendant wrongfully accessed Plaintiff's medical records and publicized certain information from the records. Plaintiff contends that he was going through a divorce and child custody dispute with Ivy Ro...

Excerpt: ... and costs finding that the Receiver's fees and expenses should be borne by the Receivership estate or Grange as originally ordered, and that the Grange may then seek award of the fees and expenses as costs of enforcement of the judgment pursuant to CCP § 685.070 et seq. The Grange has brought such a motion. Rather than file an opposition to that motion, the Guild has filed a motion to strike/tax the receivership costs sought by the Grange. This...

Excerpt: ...d to timely pay wages to aggrieved employees upon termination/resignation in violation of Labor Codes §§ 201 and 202. Plaintiff seeks penalties under PAGA. Defendant has filed a four page motion to strike the PAGA claims in the complaint on the basis that the Court would be required to conduct individualized inquiries with respect to the Labor Code § 226.7 claim, which would render the claim unmanageable. Defendant argues that it had a written...

Excerpt: ...compete with Plaintiffs. Plaintiffs filed their complaint on March 9, 2018, alleging causes of action for: (1) violation of Penal Code § 502, (2) violation of the Uniform Trade Secrets Act (the “UTSA”), (3) common law misappropriation of trade secrets, (4) unfair competition, (5) conversion, (6) breach of contract, and (7) breach of fiduciary duty. Plaintiffs attempted to file a first amended complaint but it was rejected because an answer w...

Excerpt: ...3230 Broadway, Sacramento, California 95817. The property consists of a two‐story, multi‐tenant building with five commercial units and four residential apartments. On July 13, 2017, Plaintiff and defendants Vicki A. Pfingst and Angela Saldivia (collectively, “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 ...

Excerpt: ...vil Code § 1812.701(b) by sending a collection letter that failed to provide the requisite Consumer Collection Notice in a type size that was at least the same type‐size as that used to inform the consumer of the specific debt, or in at least 12‐point type. The Court ultimately granted Defendant's motion for summary judgment as to Plaintiff's individual claim, finding that Defendant had cured the violation under Civil Code § 1788.30(d) and ...

Excerpt: ...arriott Sacramento Rancho Cordova's (“Defendant”) property on November 3, 2017. Plaintiff filed her complaint on May 8, 2018, alleging claims for general negligence and premises liability. Plaintiff seeks damages including medical expenses, general damages, wage loss, and loss of earning capacity. On September 26, 2018, Defendant served Bank of America, Plaintiff's current employer, with a subpoena to produce the following: “Any and all emp...

Excerpt: ...ts Mercy Housing California XXVI, LP's and Mercy Housing Management Group, Inc.'s motion to strike Plaintiff's alter ego allegations and punitive damages as to Mercy Housing California XXVI, LP. The Court denied the motion to strike punitive damages allegations as to Mercy Housing Management Group, Inc. Moving Defendants were added to the action after being identified as Doe Defendants. The Fourth Amended Complaint simply alleged that the Defenda...

Excerpt: ...sfied." (Salveter v. Salveter (1936) 11 Cal.App.2d 335, 337.) Defendant's request for costs in the amount of $60 is granted and is to be added to the prior judgment of costs of $465 previously entered on October 19, 2016. After plaintiff initially obtained a judgment on January 18, 2012, it was set aside pursuant to defendant's CCP 473.5 motion on January 23, 2014. (See minute order Department 53, January 23, 2014.) After plaintiff fa...

Excerpt: ...ber 10, 2018. The Court will consider the grant of a brief continuance of this motion at defendant's request, if necessary, so that they can respond to the evidence presented in this late supplemental declaration. Defendants' Request for Judicial Notice is granted. Plaintiff filed the Complaint on June 5, 2015. This action arises out of an automobile accident that occurred on June 6, 2013. Mission Courier was not served until December 15,...

Excerpt: ...Inc., is also named as a defendant. The causes of action asserted in the case included: (1) failure to pay minimum wages for all hours works, (2) failure to provide rest breaks, (3) failure to indemnify for all expenses, (4) failure to provide accurate itemized written wage statements, (5) unfair competition, and (6) Civil Penalties [under PAGA]. Defendants denied all of Plaintiff s allegations, and alleged that Plaintiff and putative class membe...

Excerpt: ...aintiffs allege Defendants engage in the "illegal practice of dumping vulnerable nursing facility residents into hospitals." (Third Amended Complaint (TAC) ¶ 1.) .) Plaintiffs allege the California Department of Health Care Services ("DHCS") ordered Pioneer House to readmit Gloria Single after plaintiff was "dumped" at Sutter Medical Center on an involuntary hold. (TAC ¶¶ 6‐7.) Defendant contends that they are not in ...

Excerpt: ... Procedure § 430.41(a). Such declaration was filed on 11/16/18. Defendant's request for judicial notice, which attaches an unpublished federal case, is unopposed and is granted. Neither published nor unpublished federal district court opinions are binding precedent on this court, although they may be persuasive. (Futrell v. Payday California, Inc. (2010) 190 Cal.App.4th 1419, 1432, fn. 6; Landmark Screens, LLC v. Morgan, Lewis, & Bockius, LLP (2...

Excerpt: ...artment 53 Clerk of the same when oral argument is requested pursuant to Local Rule 1.06. In the alternative, Department 53 will honor requests to continue hearings scheduled for 12/12/18 so that parties desiring oral argument may obtain court reporting services through the Court's normal channels. (See Local Rule 1.12.) No hearings, however, will be continued to any date from 12/21/18 through 1/07/19. Any party seeking a continuance must first m...

Excerpt: ...s from Oil Consumption Engine Defects including, but not limited to, “excessive oil consumption; improper burning/consumption of abnormally high amounts of oil; premature failure of the engine balance chains; premature failure of the fuel pump plunger seal; fuel leaks into the crankcase; rough running of the engine; engine run‐on conditions; loss of power; rough idle; and/or stalling” which “present a safety hazard and are unreasonably da...

Excerpt: ... against EMSA and others, for age discrimination in violation of FEHA, “Whistleblower Retaliation and Harassment in Violation of FEHA”, disability discrimination in violation of FEHA, national origin discrimination in violation of FEHA, wrongful termination in violation of public policy and defamation. Plaintiff alleges that he was employed by EMSA in an IT position and was threatened with termination or demotion and denied promotions as a re...

Excerpt: ...ng on sexual harassment prevention on November 27, 2017, is GRANTED. (See Poseidon Devel., Inc. v. Woodland Lane Estates, LLC (2007) 152 Cal.App.4th 1106, 1117‐18.) In taking judicial notice of these documents, the Court accepts the fact that these articles were published and a hearing was held, but not the truth of their contents. (Id.) Defendant's request for judicial notice in support of her reply as to documents in the Court's file is GRANT...

Excerpt: ... for other relief” is denied. Plaintiffs'/Cross‐Defendants' City of Elk Grove and the People of California's (“Plaintiffs”) request for judicial notice is granted. The Court received but did not consider the "reply" filed by Cross‐ Defendant Raj Singh. Mr. Singh has no standing to file a "reply" with respect to a motion brought by Defendant. On November 5, 2018, this Court granted Plaintiffs' special motion to strike Def...

Excerpt: ...d, fourth, and fifth causes of action. (ROA 36.) The District now seeks an award of attorneys' fees and costs incurred in bringing the special motion to strike and in bringing this instant motion for fees. The District seeks an award of $9,940 in attorneys' fees and $202.44 in costs incurred in preparing the underlying special motion to strike and this instant motion for fees. A prevailing defendant on an anti‐SLAPP motion is entitled to recove...

Excerpt: ...69(g).) Defendant is a pet supply company with store locations in the State of California. Plaintiffs Olivia Angel and Herman Parker are former employees of Defendant. On June 23, 2015, Plaintiff Olivia Angel ("Plaintiff Angel") filed a Class Action Complaint for Damages ("Complaint") in the Superior Court of California, County of Sacramento against Defendant thereby commencing a putative wage ‐and‐hour class action (the "...

Excerpt: ...of contract, and dual tracking pursuant to the Home Owners Bill of Rights. Civil Code section 2924.11 of the HOBR provides: (a) If a borrower submits a complete application for a foreclosure prevention alternative offered by, or through, the borrower's mortgage servicer, a mortgage servicer, trustee, mortgagee, beneficiary, or authorized agent shall not record a notice of sale or conduct a trustee's sale while the complete foreclosure prevention ...

Excerpt: ...n at the facility, Eskaton Fountain Wood Lodge (hereinafter "the facility" or "EFL") from February 24, 2012, to March 22, 2012. Plaintiffs contend that defendants administered Ativan to Ms. Lovenstein which acted as a chemical restraint and resulted in an overdose, constituting elder abuse. Plaintiffs also make various fraud claims as well as a negligent infliction of emotional distress claim against defendants, Eskaton, Eskaton P...

Excerpt: ... the terms and conditions of her employment were governed by a Collective Bargaining Agreement ("CBA") between Delta Dental and the Professional & Clerical Employees Division of Local No. 856 ("the Union). (Id., ¶ 3, Ex. A.) The agreement contained the following provision "No employee or applicant for employment shall be discharged, disciplined, or otherwise discriminated against or denied promotional opportunities because of [.....

Excerpt: ...ral negligence. (FAC p.3 ¶ 10(b).) Plaintiff also alleges that he suffered “emotional distress and racial profiling” and he seeks “57.28 Million Dollars” in damages. (Id. ¶ 14.) Plaintiff attached his original complaint which is essentially a single paragraph in which he claims that he suffered racial discrimination when Defendants would not cash a check he brought in for the full amount. The attached original complaint does not set for...

Excerpt: ...igious standards because Defendant allegedly stuns the lambs prior to slaughter. Plaintiffs seek to certify a class of California consumers who purchased the allegedly mislabeled lamb products during the last four years. The parties have agreed to bifurcate discovery into two phases: class certification issues and merits issues. Plaintiffs served a PMQ deposition notice on Defendant which set forth 14 areas of inquiry. (Chase Decl. Exh. I.) The d...

Excerpt: ...onses. Here the Court finds that the drastic remedy of terminating sanctions, is not warranted at this time. “The sanctions the court may impose are such as are suitable and necessary to enable the party seeking discovery to obtain the objects of the discovery he seeks but the court may not impose sanctions which are designed not to accomplish the objects of the discovery but to impose punishment.” (Caryl Richards, Inc. v. Superior Court (196...

Excerpt: ...ngful death cause of action. The action arises from the care the Decedent received at Defendants' facility. Defendants move to compel the action to arbitration on the basis that Janice Zacher (the Decedent's sister) signed an arbitration agreement (“Agreement”) in connection with the Decedent's admission pursuant to a California Healthcare Directive (“Directive”) designating her as the Decedent's healthcare agent to make medical decis...

Excerpt: ...allegedly suffered while at Defendant's facility. Dr. Damper refused to comply with the subpoena on the basis that it was not accompanied with either a patient authorization or a Court order. Defendant also issued a subpoena to Costco Wholesale Corp. with respect to Plaintiff's pharmacy orders also related to her claims of injury. Costco refused to respond. Defendant thereafter requested that Plaintiff authorize release of the requested records. ...

Excerpt: ...uch an oversized opposition memorandum. Nevertheless, and despite Defendant's objection, the Court considered the entire reply. In this putative class action, Plaintiff seeks to represent a class of all current and former hourly‐paid or non‐exempt employees who worked for Defendant within the State of California at any time during the period from April 27, 2014 to judgment. Plaintiff propounded special interrogatories 1‐4 which asked fo...

Excerpt: ...t to reconsider its May 4, 2018 decision related to ICC's licensing. ICC summarizes its argument as follows: On October 11, 2018, the First District Court of Appeal issued its decision in the matter of Contractors' State License Bd. v. Superior Court (Black Diamond Electric, Inc.) (Oct. 11, 2018, No. A154476) ___ Cal.App.5th ___ [2018 Cal.App.LEXIS 981, at *1]. The case was published on October 31, 2018. ICC advised the court of this new authorit...

Excerpt: ...igations under the purchase agreement and accompanying master lease. Plaintiffs filed the operative First Amended Complaint on October 5, 2018, alleging causes of action for breach of contract, breach of the implied covenant of good faith and fair dealing, declaratory relief, intentional misrepresentation, rescission, libel, slander, trade libel, intentional and negligent interference with prospective economic advantage, intentional infliction of...

Excerpt: ...is unopposed. Defendants' request for judicial notice of the Settlement Agreement, which is attached as an exhibit to the FAC, is granted. In taking judicial notice of this document, the Court accepts the fact of its existence, not the truth of its contents. This action arises from the sale of residential property. The parties entered into a Residential Purchase Agreement on or about July 7, 2016. (FAC ¶ 8, Exh. A of Exh. 1.) After a dispute aro...