Excerpt: ...or obtaining injunctive relief in this case. The Court granted a TRO on April 14, 2016. The Court noted in issuing the TRO that "Although the Declaration of Fry is sparse, the court is understandably concerned about dual‐ tracking, and is giving plaintiffs the benefit of the doubt." After several stipulated continuances of the hearing approved by the Court, on August 2, 2016, Judge Rodda entered a Minute Order granting Plaintiffs' r...

Excerpt: ...laintiff as general manager of GPHA. Plaintiff alleges various oral agreements were entered into by him and Gallagher during his employment negotiations wherein Galagher promised Plaintiff he would receive 10% in equity of GPHA as a “sign‐on bonus” plus 2% of sales. Plaintiff also alleges Gallagher later agreed to provide Plaintiff an additional 10% ownership interest in both companies in exchange for Plaintiff forgiving payroll debt and un...

Excerpt: ...intiffs were able to file a complete reply. In this personal injury action arising from a July 24, 2015, motor vehicle accident, Plaintiffs propounded their request for production of documents (set two) on Defendant Andrew Moreno. At issue on this motion are Requests 69 and 70 which asked Defendant for all documents relating to any video surveillance, including any sub rosa surveillance, taken of Plaintiffs at any time since July 24, 2015. Defend...

Excerpt: ... Enforcement case since October 25, 2017 as a result of the accumulation of trash, junk and debris. City alleges that the Subject Property was the subject of eight previous Code Enforcement cases regarding similar issues. City now seeks a preliminary injunction prohibiting the maintenance of the Subject Property as a nuisance. “To obtain a preliminary injunction, a plaintiff ordinarily is required to present evidence of the irreparable injury o...

Excerpt: ...is faced with yet another serial discovery motion. On May 16, 2018, the Court previously granted Plaintiffs' motion to compel Defendant to produce this specific PMQ and also to produce the documents requested in the PMQ deposition notice. (ROA 115) On July 9, 2018, Plaintiffs deposed the PMQ regarding Plum's organizational structure but the PMQ did not bring all the documents requested in the deposition notice. Specifically Plaintiffs claim that ...

Excerpt: ...n Brewing Company are the Lessees and Sublessors, respectively according to the terms of the leases. (Declaration of Frenn, Ex. A) Defendants are the sublessees. However, the First Amended Complaint alleges that "Lockdown Brewing Company LLC" is the party to the master lease and the sublease. Defendants therefore contend that "Lockdown Brewing Company LLC" is not the real party in interest because it is not a party to the lease or...

Excerpt: ...ing and created unnecessary work for the Court. Defendant initially noticed this motion for October 31, 2018 but included the incorrect law and motion department on the notice. It then apparently filed the identical motion and noticed it for hearing on November 13 and 14 in this department. Defendant wrote a letter to the Clerk requesting that the Clerk drop the November 13, hearing, but never requested that the Clerk drop the October 31, 2018 he...

Excerpt: ...inator was directed to provide the tentative ruling to plaintiff G. Daniel Walker. Appearance is required on November 14, 2018 (this date). Plaintiff G. Daniel Walker shall be available, by COURTCALL, to participate in oral argument on the continuance date. Defendants Mike Marlin's, et al.'s motion to declare Plaintiff a vexatious litigant is ruled upon as follows. Defendants' request for judicial notice is granted. Incarcerated Plaintiff G. Dani...

Excerpt: ...ck and experienced some residual dizziness. Plaintiff was also involved in a motor vehicle accident on March 10, 2016 when he was rear‐ended by a vehicle driven by Lyubov Ponomar in which he suffered injuries to his head and neck and experienced dizziness. Defendants Robert Goff and Airgas, LLC issued six subpoenas seeking Plaintiff's entire medical and billing history from 2006 to present from the medical providers with whom Plaintiff treated ...

Excerpt: ...f action pled in the third amended complaint. Defendant argues that a declaration is not a proper pleading given that CCP § 422.10 provides that the “pleading allowed in civil actions are complaints, demurrer, answers, and crosscomplaints.” He also argues that a declaration is only allowed as an attachment to a complaint as a verification for a verified complaint. (CCP § 446.) Plaintiff's opposition argues that the attachment is mislabeled ...

Excerpt: ...tially unlawful and/or wasteful matters. By way of background the Court sustained Defendant's demurrer to her cause of action for violation of the California Whistleblower Protection Act (“WPA”) on the basis that she had not sufficiently alleged any protected activity. Defendant argued that Plaintiff could not amend the complaint without violating the attorney‐client privilege. The Court recognized that relevant case law indicates that wher...

Excerpt: ... Cause (“OSC”), the Court stayed the receivership through October 31, 2018, to give Mrs. McGuire the opportunity to remedy the Property's nuisance violations herself. For the reasons that follow, the Court will continue the stay until January 11, 2019. However, if Mrs. McGuire does not demonstrate concrete steps to remedy the Property's nuisance violations as detailed infra, the Court hereby gives notice that it shall entertain a motion to li...

Excerpt: ...f here in numerous other pending lemon law cases between GM and other plaintiffs represented by the same firms involved on the instant motion. The Court has informed the parties that it expects them to engage in further meet and confer efforts to agree on a model protective order to be used in each Lemon Law action between the same counsel and involving the same issues. However, the Court is yet again faced with an identical motion due to the par...

Excerpt: ...ments requested in the notice of deposition. Plaintiffs served the notice of deposition for the PMQ on July 18, 2018 noticing the deposition for August3, 2018. The notice sought a PMQ for three subject areas: (1) the general contents of patient charts maintained at the nurse's station for residents at the facility in 2014; (2) the manner in which those charts were maintained; and (3) the manner in which documents in the charts are removed if the ...

Excerpt: ...viduals to explore the relationships between the corporate defendants and the degree of control exerted over the subject facility for purposes of their alter ego, joint venture, etc. theories. Plaintiffs noticed the depositions on June 26, 2018. Defendants objected to the depositions on various grounds including that the witnesses were apex employees. Plaintiffs indicate that Defendants' counsel stated that they should be able to “work somethin...

Excerpt: ... are litigating over damages. Defendants learned in discovery that Plaintiff obtained treatment from Greater Sacramento Surgery Center (“GSSC”) from Philip J. Orisek, M.D. (“Orisek”). They also discovered that MedFin Manager, LLC purchased the lien on Plaintiff's account. Thereafter they sought to obtain discovery from Orisek the amount MedFin paid Orisek on Plaintiff's account. The meet and confer correspondence indicates that Orisek's c...

Excerpt: ...]his Motion is made on the grounds that the Complaint on which the Lis Pendens is based does not contain a real property claim." Notice, p. 1, ll. 23‐24. In the instant matter, STGC requests that this court expunge that Notice of Pendency of Action recorded with the Sacramento County Clerk Recorder concerning the real property owned by Barbara Borkowski, located at 2121 Magnum Court, Elverta, CA 95626, on the basis that the Notice of Penden...

Excerpt: ...mons. The Court essentially found that self‐represented Plaintiff Anna Tagintseva's proof of service stating that Defendant was personally served with the summons and complaint was not true. The Court found that the declarations submitted in connection with the opposition to the motion to quash were not credible. Defendant now seeks $1,500 in sanctions pursuant to CCP § 128.7. Here, despite the above, the motion must be denied for failure to c...

Excerpt: ...is granted. In taking judicial notice of these documents, the Court accepts the fact of their existence, not the truth of their contents. (See Professional Engineers v. Dep't of Transp. (1997) 15 Cal.4th 543, 590 [judicial notice of findings of fact does not mean that those findings of fact are true]; Steed v. Department of Consumer Affairs (2012) 204 Cal.App.4th 112, 120‐121 [“[W]hile the existence of any document in a court file may be judi...

Excerpt: ...t Trust (collectively, “Defendants”): (1) a Trust Deed and Assignment of Rents, (2) a Foreclosure Cancellation Guaranty, and (3) a Note Secured by Deed of Trust. These documents were executed without the knowledge or consent of Ms. Barba. Therefore, Plaintiffs contends the documents are invalid and voidable. Plaintiffs filed their complaint on April 11, 2018, alleging causes of action for quiet title, breach of contract, declaratory relief, a...

Excerpt: ...ch 20, 2016. Plaintiff Carlene Metzler, decedent's daughter, alleges Dr. Balatbat caused a 30‐month delay between September 2012 and May 2015, in the diagnosis and treatment of decedent's lung cancer and this caused the progression of the cancer from a treatable “stage one” to an advanced “stage 4.” Specifically, Plaintiff alleges Dr. Balatbat failed to order follow‐up CT scans of decedent's lobe lung mass at the 6‐12 month mark and...

Excerpt: ...construction of a street improvement project known as Old Florin Town Streetscape Improvement Project ‐ Prichard Road to Kinglsey Street (the “Project”). In short, the County is seeking to recover costs it paid to the contractor on the Project allegedly incurred to due defendant Florin County Water District's (the “District” or “Defendant”) delay in relocating its water facilities. The County alleges the District caused it to incur ...

Excerpt: ...ctice in California since 2013, was hired as corporate counsel for PowerSchool. Plaintiff was employed from March 1, 2016, through March 8, 2018, at which time he resigned. PowerSchool provided Plaintiff with an Offer of Employment (the “Offer Letter”) on February 12, 2016. (LaPlante Decl. ¶ 5, Exh. A.) The Offer Letter included as a condition of employment that Plaintiff submit any disputes arising regarding his employment to binding arbitr...

Excerpt: ...suffered a cardiac arrest at 1201 K Street, Sacramento, California, that required the use of the Philips Heart Start Automated External Defibrillator, Model M5066A. Plaintiffs contend the defibrillator failed to properly work, causing a significant and harmful delay in providing necessary emergency services to Steven Leighty, resulting in his death on the way to the hospital. Cross‐Complainant CDA Rotunda is alleged to own and operate the premi...

Excerpt: ...ProStar trucks (the “Trucks”), manufactured by Navistar, from dealer and co‐defendant Riverview International Trucks, LLC (“Riverview”). The facts are as follows. Joseph Chand (“Chand”) is a 50 percent owner and president of Plaintiff, as well as the decision making for purchasing Plaintiff's trucks. (UMF no. 1, 3.) In or around September 2012, Chand discussed purchasing the Trucks with Bassett. (UMF 4.) Bassett was the majority own...

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: ...ments, not contracts, are the subject of judicial notice on demurrer].) The court, however, does not accept the truth of any facts within the judicially noticed documents except to the extent such facts are beyond reasonable dispute. (See Poseidon Devel., 152 Cal.App.4th at 1117‐18.) see also Fontenot v. Wells Fargo Bank, N.A. (2011) 198 Cal.App.4th 256, 265 (“[A] court may take judicial notice of the fact of a document's recordation, the dat...

Excerpt: ...t requests for admission that were served on Defendant. There were a total of 1,308 requests for admissions. On September 18, 2018, the Court denied Defendant's motion for reconsideration, which it construed as a motion to withdraw admissions pursuant to CCP § 2033.300 without prejudice for failure to offer any evidence showing excusable neglect that resulted in the requests for admission being deemed admitted. “The court may permit withdrawal...

Excerpt: ...property owner fails to comply with a notice and order issued by a local agency after having a reasonable opportunity to do so. Specifically, subdivision (c) authorizes this Court to appoint a receiver over the property if the property owner has failed to comply with a notice or order to repair issued by a local agency and the property continues to remain in substandard condition. The City claims that the subject property located at 3925 May Stre...

Excerpt: ...from September 5, 2018. Defendant has now filed a substantive opposition to the motion on September 17, 2018, and plaintiff has filed a reply on September 25, 2018. ORAL ARGUMENT WILL TAKE PLACE ON THIS TENTATIVE RULING ON OCTOBER 17, 2018. The Clerk shall fax a copy of the tentative ruling to the litigation coordinator on or before October 11. The litigation coordinator shall then provide the tentative ruling to plaintiff Brian Spears. Appearanc...

Excerpt: ...gh its subsidiary Sacramento Auto Insurance Center dba Cost‐U‐Less Insurance Center (“Cost‐U‐Less”), as a broker of insurance policies, allegedly engaged in the practice of issuing entirely new and superfluous policies when Plaintiffs only required a simple amendment to a previously issued policy in order to inflate broker fees. Plaintiff filed her initial complaint on August 14, 2014, on behalf of herself and a class of similarly sit...

Excerpt: ...d to withdraw as counsel of record. On September 14, 2018, the Court denied the motion as there was no return receipt form the certified mail showing tha the client was served with the motion at the address listed on the proof of service. (ROA 106.) Thereafter, Plaintiff's counsel filed a “Notice of Ruling” and served the notice on Plaintiff, indicating that the motion to withdraw had been granted. (ROA 107.) Plaintiff's counsel is hereby ord...

Excerpt: ...ration is denied. This motion purports to be a motion to compel "supplemental" responses, when it is actually appears to be a motion to compel further responses to discovery. The motion is confusing, fails to cite applicable authority, and contains contradictory statements. If plaintiff is contending that responses served were inadequate or in violation of a court order, the proper motion to file is a motion to compel further responses ac...

Excerpt: ...ants seek an examination by an orthopedic surgeon concerning plaintiff's claim of a disc injury that requires surgery and which she contends is a result of the subject accident. At the time of plaintiff's deposition in October of 2016, she testified that no doctor had told her that neck surgery would be necessary. On May 30, 2018, plaintiff's counsel told defense counsel that plaintiff's doctor stated she may need surgery for her ...

Excerpt: ...ass action lawsuit based on his contention that Defendants' policies and practices violated California law, including the failure to provide meal and rest periods, failure to provide accurate wage statements, failure to keep accurate records of hours worked, and failure to pay final wages. See generally Exhibit B. Plaintiff further alleged Defendants' policies and practices resulted in derivative violations and penalties and resulted in u...

Excerpt: ...ineers v. Dep't of Transp. (1997) 15 Cal.4th 543, 590 [judicial notice of findings of fact does not mean that those findings of fact are true]; Steed v. Department of Consumer Affairs (2012) 204 Cal.App.4th 112, 120‐121 [“[W]hile the existence of any document in a court file may be judicially noticed, the truth of the matters asserted in those documents, including the factual findings of the judge who was sitting as the trier of fact, is not ...

Excerpt: ...ul acts including stealing and misusing Plaintiffs' assets and property, breaching their fiduciary duties as Plaintiffs' officers and members, and secretly forming DCM to directly 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 c...

Excerpt: ...yquiengco's (“Plaintiff”) complaint is unopposed and is ruled upon as follows. Defendants' request for judicial notice of the Notice of Trustee's Sale is granted. In taking judicial notice of the recorded land document, the Court accepts the fact of their existence, not the truth of their contents. (Herrera v. Deutsche Bank Nat'l Trust Co. (2011) 196 Cal.App.4th 1366, 1375.) Factual and Procedural Background In August 2005, Plaintiff obtained...

Excerpt: ...us, as is the case with attorneys, self‐represented litigants must follow correct rules of procedure. (Nwosu v. Uba (2004) 122 Cal. App. 4th 1229, 1246‐1247; see also Rappleyea v. Campbell (1994) 8 Cal. 4th 975, 984.) Plaintiff's Request for Judicial Notice of the two prior orders denying motions to disqualify the City Attorney is granted. The motion is denied on both procedural and substantive grounds. The motion is procedurally defectiv...

Excerpt: ...v. General Motors, LLC is granted. In this Lemon Law action, Plaintiff alleges that the Vehicle, a 2010 Chevrolet Equinox, suffers 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; e...

Excerpt: ...s to compel arbitration of this uninsured motorist action and to have the Court appoint an arbitrator pursuant to Insurance Code § 11580.2(f) and CCP § 1281.2. Insurance Code §11580.2(f) requires that an underinsured motorist policy contain a provision requiring arbitration by a single neutral arbitrator. The Court shall order the parties to arbitrate a controversy “if it determines that an agreement to arbitrate the controversy exists…”...

Excerpt: ...ving age living in his residence. (Comp. ¶ 16.) He alleges that on April 25, 2017, Plaintiff was in an automobile collision. (Id. ¶ 19.) Plaintiff filed a claim with National General and was asked whether any adults of driving age lived in the same residence as him and he responded that an adult of driving age had recently moved in. (Id. ¶ 21.) National General's representative informed him that his policy was terminated and that no coverage w...

Excerpt: ...e Court ordered Plaintiff to provide further responses without objections to the requests for production no later than May 25, 2018. Sanctions were not awarded. There has been no other discovery order in this action. Defendant now seeks terminating and monetary sanctions for the failure to comply with the Court's order. Plaintiff opposes the motion on the basis that she has provided supplemental responses since the motion was filed indicating tha...

Excerpt: ...Deed), the third for Breach of Contract, the fourth for Breach of Implied Contract, the fifth for Breach of Fiduciary Duty, the sixth for Breach of Fiduciary Duty, the seventh for Fraud ‐ Concealment, the eighth for Fraud ‐ Concealment, the ninth for Fraud Intentional Misrepresentation, the tenth for Fraud ‐ Intentional Misrepresentation, the eleventh for Negligence, the twelfth for Negligence, the thirteenth for Violation of B&P §17200, a...

Excerpt: ...the Court accepts the fact of their existence, not the truth of their contents. Factual and Procedural Background This action arises from the employment by Trifecta of plaintiff Cooper Scott Thornton and Jodi Charter. Mr. Thornton was hired on June 23, 2016, as a Customer Experience Manager. On or around June 25, 2016, Mr. Thornton signed his Agreement for Employment and a separate Arbitration Agreement. (Mr. Connolly Decl. ¶ 6, Exhs. C, D.) Ms....

Excerpt: ...epartment of Transportation (“DOT”) and driven by DOT's employee, Mr. Casey Carrol Simonsen (“Mr. Simonsen”). (Arnold Decl. ¶ 4.) Plaintiff has alleged injuries due to the collision. (Ibid.) Plaintiff filed a government claim on June 9, 2017. (Declaration of Carol A. Wieckowski (“Wieckowski Decl.”) ¶ 3, Exh. A.) On June 15, 2017, the County of Sacramento mailed Plaintiff a Notice of Insufficiency of Claim, refusing to accept the cla...

Excerpt: ...from Defendant at 8005 Sunset Avenue in Fair Oaks, California. In July, 2010, 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. Kevin R. Culhane (the “Judgment”). (ROA 69 ["This cause came on for hearing on July 14, 2010 before the Honorable Kevin Culhane, Judge presiding in Department 53 of the above‐entitled court, Lyl...

Excerpt: ...tending that he damaged their vehicle when he hit it while riding his motorcycle. Cross‐complainants had stopped to avoid hitting a police vehicle and Gutierrez then collided with cross‐defendants. Almost three years later, on June 22, 2018, the summons and cross‐complaint were mailed to Plaintiff's counsel's office. Adding five days for mailing, the Answer was due on or before July 27, 2018. Default was entered only one week later ...

Excerpt: ...in the court on‐line filing system, CCMS. On November 25, 2015, plaintiff filed suit against defendants for damages arising out of his employment by defendants, contending they failed to pay him minimum wage and overtime. Plaintiff was employed by defendants as a caregiver in their commercial residential care facility for children with developmental disabilities. After mediation, the parties signed a stipulation for entry of judgment on April 2...

Excerpt: ...suant to Cal. Code of Civil Procedure section 1033.5(a)(10), Cal. Code of Civil Code sections 1717 and 5975, and 42 U.S.C. 1988 in the amount of $35,000.00. The motion is made on the basis that Locke is the prevailing party on the appeal filed November 28, 2016 by Defendant Martha Esch in Appeal Case No. C082055. The 3rd District Court of Appeal entered a remittitur on August 7, 2018 after dismissing the appeal. The remittitur specifies that the ...