Excerpt: ...onfer with Plaintiff's counsel via e‐mail only. Defendant's counsel sent a single e‐mail to Plaintiff's counsel requesting Plaintiff to stipulate to removing the claim for punitive damages. Plaintiff's counsel promptly responded declining the request “for the reasons set forth in [the] opposition to [Defendant's] Motion to Strike.” The Court is unclear why Defendant's counsel did not comply with the Court's order and CCP § 435.5, which s...

Excerpt: ...escission under her UCL claim and Plaintiff's conclusory claim for punitive damages in her prayer for relief. 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).) Plaintiff's third cause of action for violation of the UCL reque...

Excerpt: ...y 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 over defendants Roy Masters and Alan Masters because said defendants do not have minimum contacts with this state. This action involves a claim by Plaintiffs David Masters and The...

Excerpt: ... 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 ILYM Group, Inc. as the settlement administrator. By this motion, Plaintiff now seeks final approval of: (1) awarding class counsel's attorneys'...

Excerpt: ...tive PAGA action complaint against defendant Progressive Transportation Services, LLC (“Defendant”) on behalf of himself and Defendant's current and former truck drivers classified as independent contractors. Plaintiff asserted a single cause of action under PAGA, alleging a variety of Labor Code violations stemming from Defendant's alleged failure to properly classify these individuals as employees. Plaintiff has a concurrent motion for leav...

Excerpt: ...served by posting if upon affidavit it appears to the satisfaction of the court in which the action is pending that the party to be served cannot with reasonable diligence be served in any manner specified in this article other than publication and that: (1) A cause of action exists against the party upon whom service is to be made or he is a necessary or proper party to the action; or (2) The party to be served has or claims an interest in real ...

Excerpt: ...e equitable powers of the court to remedy extrinsic fraud in service. Civil Code section 1788.61 provides: (a)(1) Notwithstanding Section 473.5 of the Code of Civil Procedure, if service of a summons has not resulted in actual notice to a person in time to defend an action brought by a debt buyer and a default or default judgment has been entered against the person in the action, the person may serve and file a notice of motion and motion to set ...

Excerpt: ...ction was initiated on June 21, 2016 and alleges a date of injury of August 6, 2014 (Complaint, ¶ 5). Plaintiffs filed an action against Hyatt alleging they suffered personal injuries when one of the elevators fell several floors and became stuck between two floors. Hyatt seeks to adjudicate the 6th and 7th causes of action in its First Amended Cross‐complaint. Hyatt contends that the express indemnity clause in the parties' agreement requ...

Excerpt: ...C and SAC. Defendant Select Portfolio Servicing, Inc. ("SPS") is the loan servicer. On December 18, 2017, a Notice of Default ("NOD") was recorded. A balance of $117,579.25 is owed on the loan. Plaintiff alleges that earlier in 2017 moving party interfered with her efforts to get relief from the "Keep Your Home California" ("KYHC") principal forgiveness program with regard to her property located at 9980 Wyland Dri...

Excerpt: ...f member. Plaintiff, who served as the Legislative Director for Mendoza, was told she was terminated from employment on September 22, 2017, along with Mendoza's chief of staff Eusevio Padilla and his scheduler, Stacy Brown. Plaintiff alleges that at this meeting she discussed the complaints of Mendoza's sexual harassment with Oropeza, the head of Senate Human Resources. After being handed the termination letter, she told Oropeza that :...

Excerpt: ...utside the pleading that are judicially noticeable. Blank v Kirwan (1985) Cal.3d 311, 318. Plaintiff, a Human Services Specialist who is African American, alleges the following causes of action against County arising out of an incident in which plaintiff found a flyer on her desk with the letters "KKK" written on the back: 1st cause of action Race Discrimination, 2nd cause of action Harassment, 3rd cause of action Failure to Prevent Haras...

Excerpt: ... time of requesting oral argument. Plaintiffs/cross‐defendants Demurrer to the Cross‐Complaint is overruled. Plaintiffs and defendants are neighbors. The Kirkwoods' property is behind the Adams property in Orangevale, CA. The Adams' access road provides an easement access for the Kirkwoods property. The Cross‐complaint alleges that the neighbors relationship went sour after the Kirkwoods started filing complaints with the building d...

Excerpt: ...te chosen at the time of requesting oral argument. Defendant Los Rios Community College District's Demurrer to the 1st Amended Complaint is ruled on as follows: Plaintiff filed this lawsuit on July 23, 2018. Plaintiff filed a First Amended Complaint ("FAC") on July 27, 2018 against the District, Hoyt Fong and the Los Rios College Federation of Teachers Union ("LRCFT Union"), alleging seven causes of action for: (1) Unruh Civil...

Excerpt: ...aring date chosen at the time of requesting oral argument. Defendant Raley's Demurrer to the First Amended Complaint of Plaintiffs Alysse Maryland and Sharona Voyles Broughton is sustained as follows: Plaintiffs filed their initial Class Action Complaint on April 9, 2015 seeking to represent a class of pregnant store employees beginning on April 9, 2011, four years prior to the date of filing. (Compl. ¶¶ 4, 42.) On July 18, 2018, Plaintiffs...

Excerpt: ...sting oral argument. Defendant Derek Taggard, M.D.'s Motion for Leave to File an Amended Answer to the Complaint is granted. Plaintiff John William Rose, III filed the instant complaint 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 acc...

Excerpt: ...e of requesting oral argument. Plaintiff's Notice of Motion and Motion for Preliminary Approval of Class Action Settlement is unopposed and is granted, as set forth below. Plaintiff Takeese Williams ("Plaintiff") seeks preliminary approval of the Joint Stipulation of Class Action and PAGA Settlement and Release ("Settlement," "Agreement," or "Settlement Agreement") entered into by and between Plaintiff, individ...

Excerpt: ...tective order is denied. This action involves a dispute over unpaid attorneys' fees between Plaintiffs and Defendant. The Court notes that it granted Defendant's special motion to strike Plaintiffs' complaint on August 2, 2018. Defendant's cross‐complaint for conversion, fraud and money had and received remains pending. Plaintiffs move to disqualify Defendant's counsel on the basis that counsel has an irreconcilable conflict of interest after a...

Excerpt: ...ejects Defendant's argument that the motion be denied because it was served on October 29, 2018, by regular mail which only provided 16 Court days' and 4 calendar days' notice rather than the 16 Court day's and 5 calendar days' notice required by CCP § 1005(b). Indeed, as seen from the reply, the POS showed proof of service by overnight mail on 10/29. The fact that it was not received until 10/31 is not determinative. Indeed, service is complete...

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

Excerpt: ...after “2017 litigation”) in which Plaintiffs unsuccessfully alleged the same facts and also some of the very same causes of action. In fact, as the Court noted at the time, “[this] lawsuit is verbatim identical to the Complaint filed in the prior litigation. The primary difference between the two lawsuits is that here Plaintiffs sue Cornerstone Valuation as the sole named Defendant, while in the first action, they sued [Cornerstone's counse...

Excerpt: ...ed as his treating nurse through Sacramento County Correctional Health Services and discriminated against him and denied him medical services. The Court would note that it previously overruled Defendant's demurrer to the first cause of action for negligence in the original complaint, sustained the demurrer without leave to amend as to the second cause of action for IIED and sustained the demurrer with leave to amend as to the third cause of actio...

Excerpt: ...ssed Appellant's claim. (Weiland Decl. ¶ 7, Exh. B ¶¶ 1‐6.) A Berman hearing never took place. (Weiland Decl. ¶ 7, Exh. B ¶ 9.) On September 27, 2018, Appellant filed a Notice of Appeal of the Labor Commissioner's dismissal with this Court, which was filed 21 days after the Notice‐Investigation Completed indicating the dismissal was served. (Weiland Decl. ¶ 7, Exh. B ¶¶ 1‐6, Exh. C ¶ 8, Exh. D ¶ 10.) Parenthetically, the Californi...

Excerpt: ...l Defendant to produce documents in response to Plaintiffs' Requests for Production Sets Four and Five. RFP Set Four RFP Nos. 96‐97 RFP No. 96 seeks “All DOCUMENTS sufficient to show the total RUG distribution of all patients in YOUR subacute unit during the period of January 1, 2012 ‐ December 31, 2014.” RFP No. 97 seeks “All DOCUMENTS sufficient to show the total RUG distribution of all patients in YOUR non‐subacute unit during the ...

Excerpt: ...7, 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. In order to finance the purchase, Plaintiff executed an Installment Note as well as a deed of trust in favor of Defendants covering the property to secure the Note. Pursuant to the terms of the Note, Plaintiff agreed t...

Excerpt: ...ing, Inc. Cholakian seeks the Court's determination pursuant to Civil Procedure Code sections 877 and 877.6(a) that the settlement was in good faith, The complete settlement agreement is lodged separately under seal. (see ruling on Motion to Seal) Elaine McDonold, a driver for Silva Trucking ("Silva"), was involved in a head‐on collision with Debra Hackett, who was driving a bus. The injuries to Hackett were significant. Silva was i...

Excerpt: ...concerns the 7th cause of action only and does not effect the remaining causes of action. Defendants' Evidentiary Objections to the Declaration of Jill Telfer are sustained. The Court does not consider extrinsic evidence in ruling on a demurrer. A demurrer “tests the pleadings alone and not the evidence or other extrinsic matters.” (SKF Farms v. Superior Court (1984) 153 Cal.App.3d 902, 905.) The only issue involved in a demurrer hearing ...

Excerpt: ...ion, p. 1.) Citation to the federal rules of civil procedure do not inform this Court's law and motion practice, which is governed by State statutes, set forth in the Code of Civil Procedure and the Rules of Court, inter alia. Nonetheless, this does not, by itself, mandate denial of the motion. Defendant Kalin Williams requests the court take judicial notice of several documents filed with the Seminole County Family Court, Case No. 2016DR0048...

Excerpt: ...years has elapsed from the commencement of the case and from the time summons and complaint was served on defendant Talani, dismissal is mandatory. CCP 583.210 provides (a) The summons and complaint shall be served upon a defendant within three years after the action is commenced against the defendant. For the purpose of this subdivision, an action is commenced at the time the complaint is filed. (b) Proof of service of the summons shall be filed...

Excerpt: ... Court's tentative ruling system, as required by California Rule of Court 3.1308 and Local Rule 1.06(D). Moving party is directed to contact non‐moving party forthwith and advise of Local Rule 1.06(D) and the Court's tentative ruling procedure. If moving party is unable to contact non‐moving party prior to hearing, moving party shall be available at the hearing, in person or by telephone, in the event non‐moving party appears without follow...

Excerpt: ...hat if officers, directors or persons having charge of the entity's assets or the agent for service of process of the corporation cannot be located with reasonable diligence, the party wishing to serve the corporation with process may apply to the Court for an order allowing service of the summons via the Secretary of State: “If an agent for the purpose of service of process has resigned and has not been replaced or if the agent designated cann...

Excerpt: ...ent that occurred on September 8, 2015. (UMF 1.) There were two individuals involved in the accident: Plaintiff and Defendant Oregel. (UMF 2.) Defendant Rivera, the moving party, was added as a defendant by Doe Amendment on October 19, 2017. (UMF 3.) It is undisputed that Defendant Rivera was not involved in the accident giving rise to this action. (UMF 4.) Defendant Rivera's client is Defendant Oregel; Defendant Rivera is not the insurance agent...

Excerpt: ...d. This is an elder abuse action. Plaintiff George Merchant, by and through his successor in interest, Nica Gauff (“Plaintiff”) alleges that George Merchant (“Decedent”) was transferred from Kaiser Hospital to Capital Transitional Care on August 3, 2015. Plaintiff alleges that while in the care of Capital Transitional Care, he was neglected and abused by the staff, which caused him to suffer from an infection, pressure ulcers, bruising, d...

Excerpt: ...holly separate from the allegations in the Complaint, Plaintiffs submitted to GM a claim for personal injuries on behalf of their minor daughter, whom they contend sustained an injury caused by the Suburban's running boards in October 2017. GM responded to that personal injury claim and attempted to resolve it with Plaintiffs, but the parties could not reach an agreement. This action does not involve a personal injury claim, and Plaintiffs' minor...

Excerpt: ...dicate Defendant's confidential home address. Defendant contends she is a participant in the Safe at Home confidentiality program as she is the victim of domestic violence and protection of her home address is necessary to protect the safety of herself and her daughter. Under California Rules of Court, rule 2.551, a record must not be filed under seal without a court order. (Cal. Rule of Court, Rule 2.551(a).) The Court may order that a record be...

Excerpt: ... home located at 6126 Brahms Court, Citrus Heights, CA 95621, when decedent was improperly and illegally detained by law enforcement officers. Decedent was later shot and killed by these officers … who were employed by County of Sacramento[.]” (Compl. ¶ 6.) On May 14, 2018, the Court granted County's Motion for Protective Order to preclude the videotaped deposition of Sacramento County Sheriff Scott Jones and accompanying document reques...

Excerpt: ...ent where plaintiff Iris Perez, a student at Cosumnes River College, was kissed without her consent by her counselor. Plaintiff filed her First Amended Complaint on July 27, 2018, against the District, Hoyt Fong (the counselor), and the Los Rios College Federation of Teachers Union ("Federation"), alleging seven causes of action for: (1) Unruh Civil Rights Act (as to the District and Fong); (2) Conspiracy (as to all Defendants); (3) IIED ...

Excerpt: ...se Home Finance, 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 ...

Excerpt: ...� (Agreement) between Plaintiff and Defendant Khara whereby Defendant Khara allegedly agreed to pay Plaintiff $25,000 to find an owner of real estate willing to sell real property to Defendant Khara. Defendants demur to all causes of action except the first cause of action for breach of contract. Second Cause of Action (Fraud‐Against Defendant Khara) Defendant Khara's demurrer is overruled. The elements of fraud “are (a) misrepresentation (fa...

Excerpt: ...endant”) anti ‐SLAPP motion in order to conduct discovery is denied. The filing of an anti‐SLAPP motion automatically stays "[a]ll discovery proceedings." (§ 425.16, subd. (g).) To justify lifting the discovery stay, the plaintiff must demonstrate that the proposed discovery is both necessary in the context of the issues raised by the anti‐SLAPP motion and must explain what facts the plaintiff expects to uncover. ( 1‐800 Contac...

Excerpt: ...ernal EEO complaints brought by other employees. Plaintiff alleges that after participating in these interviews and 25 additional acts of protected activity, she was retaliated against in violation of FEHA and other statutes and denied promotions that were given to younger non‐African American candidates that had not complained or participated in protected activities. Plaintiff's deposition was initially set for August 16, 2017. The deposition ...

Excerpt: ...�) in December 2015. The Plaintiffs are 11 adults who reside or resided at the property and allege causes of action for failure to provide habitable dwelling, breach of covenant and right to quiet enjoyment, nuisance and negligence. NBS moves for a good faith determination of a settlement it reached with Plaintiffs Albert McKinley and April Hullaby for $24,000. Mr. McKinley is to receive $15,000 and Ms. Hullaby is to receive $9,000. In considerat...

Excerpt: ...ich Ascentium loaned CrossDefendant money for the purchase of veterinary equipment for a build‐out of its business. Ascentium also alleged a cause of action against Susan Davis and Custom K9 Services, LLC for breach of written guaranties of the EFA. The FACC alleges causes of action for breach of oral contract and fraudulent inducement. Only the breach of oral contract cause of action is asserted against Ascentium. Cross‐Complainant attached ...

Excerpt: ...r pregnancy and disability discrimination in violation of FEHA, failure to accommodate in violation of FEHA and wrongful termination and retaliation in violation of FEHA. Plaintiff alleges that she began working for Defendant as an Associate Government Program Analyst around July 31, 2014. (FAC ¶ 9.) She alleges that on June 24, 2016, she went on pregnancy leave and later disability leave. Plaintiff allegedly attempted to return to work on June ...

Excerpt: ...ants failed to authorize and cover certain brand name medications prescribed by her physician, as required by the Medi‐Cal health plan agreement. Plaintiff alleges that as a result, she suffered a seizure on September 18. 2015, resulting in a severe burn to her hand. Plaintiff filed her original form complaint on September 18, 2018, alleging four causes of action for breach of contract, fraud, general negligence, and intentional tort. After the...

Excerpt: ... regarding relevant Sacramento County Code sections; Ordinance sections of the Sacramento Regional County Sanitation District and Sacramento Area Sewer District; and a Notice of Utility Lien isunopposedand is granted. FACTS As nearly as the Court can ascertain from Plaintiffs' unintelligible Complaint, Plaintiffs (acting in propria persona) allege that they are the owners of real property at 9123 Linda Rio Drive in Sacramento. According to Plaint...

Excerpt: ...ntiff shall be available by COURTCALL, to participate in oral arguments. Defendants Marisela Montes, Cheryl Carlson, and Jennifer Shafer's (collectively, “Defendants”) demurrer to plaintiff in pro per Arthur Austin's (“Plaintiff”) complaint is UNOPPOSED and is ruled upon as follows. The Court has received Plaintiff's Amended Complaint. However, the Amended Complaint was filed on October 3, 3018, which was not prior to Plaintiff's ...

Excerpt: ... 40.) The Court does not have any record that Plaintiff has obtained new counsel. Accordingly, Plaintiff is currently proceeding in pro per. In this personal injury action, Defendant served Plaintiff with three separate deposition notices on October 2, 2017, again on November 13, 2017, and finally on December 6, 2017. Each time Plaintiff's counsel contacted defense counsel one to three days prior to the scheduled deposition to advise that Pla...

Excerpt: ...intiff in reply, Defendant yet again failed to serve Plaintiff with the opposition papers and Plaintiff only obtained the opposition from the Court's on‐line case file. This Court has previously admonished Defendant for such tactics and directed Defendant to ensure Plaintiff is properly served with documents. Though Defendant has again failed to do so and while the proof of service on the opposition is yet again highly suspect, the Court re...

Excerpt: ...smiss for failure to amend complaint within time permitted by the court is denied. CCP 581(f)(2) On September 4, 2018, the Court's tentative ruling was to sustain Defendants' Demurrer without leave to amend. However at the hearing Plaintiff had retained an attorney who requested one additional chance to amend the causes of action. The Court granted Plaintiff's request, and allowed Plaintiff ten days leave to amend the Complaint. The p...

Excerpt: .... The matter was continued at the hearing solely to allow the Court to consider the reply brief. Having now considered that brief, the Court issues the following ruling. In this action Plaintiff alleges causes of action for fraud, negligent misrepresentation and wrongful foreclosure. Plaintiff alleges that he purchased a commercial property in Old Sacramento in July 2014. He alleged that he worked with Defendant Sperry and Sons Capital Investment...