Excerpt: ...pled and cannot establish, by a preponderance of the evidence, the probable validity of any real property claim based on the allegations contained in her complaint. In the alternative, Defendant asks that the maintenance of the lis pendens be conditioned upon the posting of a bond in the amount of at least $50,000. Defendant also requests an award of attorney's fees and costs in the amount of $2,767.50. The motion is ruled upon as follows. Defend...

Excerpt: ... arises out of plaintiff's prior employment with Anthem as a Claims Examiner II at its Rancho Cordova, California location . The complaint alleges a variety of statutory causes of action including FEHA discrimination, retaliation and failure to engage in the interactive process, as well as common law claims for wrongful termination and declaratory relief. Plaintiff began her employment in 2012 when the company was named WellPoint Inc. In 2014, We...

Excerpt: ...erican Insurance vs. Industrial Electronic Systems Nature of Proceeding: Filed By: Motion for Summary Judgment and/or Adjudication Stiner, Wesley R. Crown Building Maintenance Co. dba Able Building Maintenance Co. (“Able”) moves for summary judgment or, in the alternative, summary adjudication in favor of Able against Defendant/Cross‐Complainant Industrial Electronics Systems, Inc.'s (“IES”) cross‐ complaint. The motion is ruled upon ...

Excerpt: ...hortening time for a motion for preliminary injunction. Plaintiffs contend defendant Ramirez is interfering with Snoke, Seefeldt & Ramirez Insurance Services Inc. ("SSR") contractual relationships and misappropriating its trade secrets obtained while defendant was a Director and Officer of SSR. Plaintiff states that several unidentified customers have left SSR and gone to defendant's business. (Declaration of Donald Wayne Seefeldt) Plaintiffs see...

Excerpt: ...ly 15, 2019. The 998 offer provided that the amount of restitution would be determined by the Court if the parties could not agree and stated that Defendant would pay Plaintiff's fees and costs pursuant to Civil Code section 1794(d) in an amount to be determined by the Court if the parties could not agree. The parties resolved the restitution amount but did not resolve the amount of fees and costs, necessitating the instant motion. Plaintiff seek...

Excerpt: ...h copy) was not signed therefore the Court is not considering it. In this action, Plaintiff alleges that after she informed JPGM (Sport Clips) of her pregnancy, JPGM harassed her, discriminated against her, retaliated against her, wrongfully terminated her, and failed to provide reasonable accommodations. Plaintiff served requests seeking documents directly related to her employment. Defendant served initial responses, raising only boiler plate o...

Excerpt: ... action: (1) minimum wage violations; (2) failure to reimburse business expenses; (3) wage theft; (4) fraud; (5) rest period violations; (6) meal period violations; (7) unlawful failure to furnish personnel, payroll, and other records; (8) waiting time penalties; (9) violation of California's Unfair Competition Law ("UCL"); and (10) violation of PAGA. Plaintiff signed up to create an account with DoorDash in August of 2018. (Tang Decl. ¶¶ 5‐1...

Excerpt: ..., including manufacturers and suppliers of numerous products to which Plaintiffs were allegedly exposed. Plaintiffs' complaint sets forth six causes of action; specifically, (1) negligence; (2) strict liability‐warning defect; (3) strict liability‐design defect; (4) fraudulent concealment; (5) breach of implied warranties; and (6) loss of consortium. Certain defendants have filed answers, while others chose to demur. This Court has already he...

Excerpt: ... Ms. Davis and codefendants Adesa California, LLC (“Adesa”), John L. Sullivan Investments, Inc., dba Roseville Toyota, erroneously sued herein as John L. Sullivan Family Limited Partnership (“Roseville Toyota”), and Randall Glen Williams (“Mr. Williams”). Plaintiff filed his First Amended Complaint (“FAC”) on August 17, 2018, against the same defendants and still including only a single cause of action for negligence. Plaintiff al...

Excerpt: ...ve documents in response to Plaintiffs' requests for production, set two, numbers 26 and 34‐37 and sanction Foremost pursuant to CCP § 2023.030 for its refusal to produce. Plaintiffs seek monetary sanctions against Foremost. Plaintiffs contend Foremost has promised to produce documents pursuant to requests for production, numbers 26 and 34‐37, for over three months and, only after a threat of discovery sanctions, produced incomplete and “d...

Excerpt: ... show cause why it had not produced the documents required by the four investigational subpoenas issued by the Board on March 11, 2019 for patients J.B., J.C., and F.S., and on or about June 7, 2019, for patient J, and served upon the custodian of records for NRHC. Pursuant to Gov't Code § 11187(a), where a party refuses to comply with an administrative subpoena, the head of the department may petition the Court for an order compelling complianc...

Excerpt: ...ows. This action concerns Foremost's investigation and adjusting of a loss in 2016 caused by renters at Plaintiffs' Sacramento rental home. Plaintiffs allege Foremost conducted a subpar investigation and bad faith claims adjustment resulting in Foremost's failure to pay the true cost of the repair. Plaintiffs allege one cause of action against Foremost for breach of the implied covenant of good faith and fair dealing. Plaintiffs served their seco...

Excerpt: ...he incorrect date, time, and department. Plaintiff filed this action on March 21, 2019. This action concerns a motor vehicle accident that occurred on March 24, 2016, involving Plaintiff's insured, Diane Stanfield and Defendant. Plaintiff alleges Mr. Mobley was driving a vehicle owned by codefendant Victor Angel Flores dba Flores Trucking. The underlying accident is covered by an automobile policy Ms. Stanfield held with Plaintiff. A Proof of Ser...

Excerpt: ...of the court or orally before the court, for settlement of the case, or part thereof, the court, upon motion, may enter judgment pursuant to the terms of the settlement. If requested by the parties, the court may retain jurisdiction over the parties to enforce the settlement until performance in full of the terms of the settlement.” Thus, CCP § 664.6 allows the Court upon motion to enter judgment pursuant to the terms of a settlement where the...

Excerpt: ...her trial court's ruling on a discovery matter has no relevance to the instant motion. Factual Background In this elder abuse action Plaintiffs allege that Defendants' neglect caused Mrs. Williams to suffer stage 4 pressure sores to the bone. They allege that she was left in her own excrement for extended periods of time. They allege the neglect was the result of the failure to adequately staff the MCCH facility, the failure to train staff and th...

Excerpt: ...ng. See CRC 2.551(b)(4)(5). The Court previously granted a similar motion based on an earlier filed motion for summary judgment (See Minute Order, Dept 53, March 19, 2109) That motion was dropped and a new motion with a slightly different format and paging was filed. Therefore, this motion refers to the same information filed in connection with the currently pending motion for summary judgment. The records that Defendant moves to seal are the con...

Excerpt: ...r 24, 2019. The motion filed by Raymond Harrell was originally on calendar on November 6, 2019 but continued to this date so the motions could be heard concurrently. The Court is well familiar with this litigation. This matter stems from a property dispute between two neighbors. Plaintiff is a landowner who alleged multiple causes of action stemming from Defendant's use of an outdoor target range on his property. Plaintiff sought substantial mone...

Excerpt: ... offender status of the boyfriend and failed to crossreport to law enforcement that the boyfriend was a registered sex offender. In the Second Amended Complaint (ROA 96) , the plaintiffs allege they were sexually abused in 2011 following Defendant County's failure to comply with an alleged mandatory duty to cross‐ report to law enforcement information that the children were living in a home with an individual required to register pursuant to Pe...

Excerpt: ... was fused from T2 to L2. Plaintiff, who was 15 years old at the time, alleges that Dr. Rubin told plaintiff that the hardware used in the surgery was made of titanium which was unbreakable and would last "forever". (FAC 8) Plaintiff alleges a 1st cause of action against Dupuy for Negligent design, manufacture, and negligent failure to warn, and a 2nd cause of action for Strict Liability (defective design, defective manufacturing, failure to warn...

Excerpt: ... Howe Avenue, Sacramento, CA. Her job duties included stocking inventory, assisting customers, and supporting other staff. Plaintiffs contend defendants intentionally directed Deborah Holstein to use a ladder that they knew would cause her death. Plaintiffs allege that employees for months had warned Defendants of numerous incidents involving the ladder causing injury and/or near death. Defendants were aware of significant injuries and deaths in ...

Excerpt: ...Singh Uppal (“Mr. Uppal”). (Allen Decl. ¶¶ 1, 2.) Plaintiff has alleged injuries due to the collision. (Ibid.) On February 22, 2019, Plaintiff retained David Allen & Associates to assist with her personal injury claim. (Allen Decl. ¶ 3.) Due to a calendaring error, Plaintiff missed the deadline to file a government claim by one month. After Plaintiff's counsel learned of the error, he immediately prepared an Application for Leave to Presen...

Excerpt: ...n behalf of all current and former hourly‐paid or non‐exempt employees who worked for Defendant from December 27, 2017, to final judgment. On February 14, 2019, Plaintiff served requests for admissions, set one, on Defendant. (Grigoryan Decl. ¶ 1, Exh. 1.) On May 10, 2019, Defendant served objections only. (Grigoryan Decl. ¶ 2, Exh. 2.) The parties then began meet and confer efforts and Defendant provided amended responses on June 19, 2019....

Excerpt: ...laratory relief, adverse possession, prescriptive easement, conversion, trespass, nuisance, injunctive relief, and invasion of privacy. (ROA 1.) Defendant propounded form interrogatories, set one, on Plaintiff on July 3, 2019. (Marlink Decl. ¶ 3.) Plaintiff served responses on September 17, 2019, after obtaining extensions to respond. (Marlink Decl. ¶ 4.) After meeting and conferring regarding purported deficiencies, Plaintiff served further re...

Excerpt: ...ccount stated, open book account, and breach of contract. Plaintiff alleges the following facts in the separate statement regarding Plaintiff's claims for account stated and open book account. In response to the Defendant's request, Plaintiff extended to the Defendant a line of credit and issued Defendant a credit card. Said card was mailed with a card holder agreement lo the address Defendant provided in the Credit Card Application and Agreement...

Excerpt: .... Dr. Khattab and Big Horn entered into a construction agreement with Sheba Development, LLC (referred to herein as “Sheba”) and Sheba Construction, Inc. for the construction of a medical office building. Cal West performed work in connection with the construction as a subcontractor. (ACC ¶¶ 3, 13.) Sheba filed the ACC against Cal West on September 9, 2019, to recover a purported $13,065.16 overpayment Sheba (allegedly acting as Constructio...