Excerpt: ...ffs were prisoners incarcerated by the California Department of Corrections and Rehabilitation (“CDCR”) at the California Training Facility (“CTF”) at the time relevant to their claims. Plaintiffs Merrick and Garner indicate they have recently been released. Plaintiff Milton remains incarcerated at CTF. Plaintiffs filed this action on November 7, 2017, against defendants Yuland Mynhier, R. Steven Tharratt, M.D. and does 1‐50. The action...

Excerpt: ...sition is untimely as it was filed only 7 court days before the hearing. Oppositions must be filed and served 9 court days before the hearing. CCP 1005(b). On March 2, Defendant objected to the opposition's untimeliness and requests the court not consider it. However, the court has nevertheless considered the opposition in ruling on this motion. In doing so, the Court observes that any requests for affirmative relief made in the opposition is imp...

Excerpt: ...on to Plaintiff's Exhibit C is OVERRULED. The Court notes, however, that Exhibit C was not relevant to or considered in the Court's analysis as discussed below. This action arises from a motor vehicle accident. On January 27, 2018, Plaintiffs were injured when defendant Victor Gray ran a red light and struck their vehicle. At the time of the accident, California Highway Patrol (“CHP”) officers were in pursuit of Mr. Gray for violation of the ...

Excerpt: ... issue in this litigation. Plaintiffs also asked for sanctions in the amount of $1,485, but later withdrew the request. The motion is ruled upon as follows. Plaintiffs' complaint alleges causes of action for elder abuse, NIED, violation of Patients' Bill of Rights, and wrongful death, related to the care of Gerard Follettie. Plaintiffs served their second amended notice of deposition of person most qualified from Crocus Holdings, LLC dba Rosevill...

Excerpt: ...edit card action on June 26, 2019, alleging two causes of action for breach of contract and common count. (ROA 1.) Plaintiff was personally served with the Summons and Complaint on July 17, 2019. (ROA 6.) Default was entered against Defendant on August 23, 2019. (ROA 7.) The first time plaintiff received any communication from defendant through counsel was after the default was entered. Default judgment was entered September 18, 2019. On November...

Excerpt: ...no later than January 27, 2020. The Court also granted Defendant's motion to deem matters in its requests for admissions admitted and awarded $590 in mndatory monetary sanctions. Defendant presently seeks terminating sanctions on the basis that Plaintiff has not provided the Court ordered responses. For misuse of the discovery process, including as is the case here, disobeying a court order to provide discovery, the Court may impose a terminating...

Excerpt: ... is only one ground for a motion for judgment on the pleadings: "the complaint states facts sufficient to constitute a cause or causes of action against the defendant and the answer does not state facts sufficient to constitute a defense to the complaint." (C.C.P. 438(c)(1)(A).) The grounds for the motion shall appear on the face of the challenged pleading or from any matter of which the court is required to take judicial notice (CCP. § 438 (d) ...

Excerpt: ...udgment on the pleadings: "the complaint states facts sufficient to constitute a cause or causes of action against the defendant and the answer does not state facts sufficient to constitute a defense to the complaint." (C.C.P. 438(c)(1)(A).) The grounds for the motion shall appear on the face of the challenged pleading or from any matter of which the court is required to take judicial notice (CCP. § 438 (d) ). The Court properly takes judicial n...

Excerpt: ...ngine 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 create a “serious risk of accident and injury” because engine failure ...

Excerpt: ...ber 12, 2019, ruling, Defendant previously moved to set aside the default and default judgment entered against her on March 2, 2009 on the basis that she was never served with the summons and complaint. This judge (J. Brown) denied the motion without prejudice on September 23, 2019. Defendant then moved to set aside the renewal of judgment on the basis that she did not receive notice of the Notice of Renewal filed on March 19, 2018. Defendant mad...

Excerpt: ...19. (ROA 129.) According to Plaintiff's proof of service, Defendant was served with the second amended complaint on December 30, 2019. (ROA 149.) Code of Civil Procedure section 583.210(a) provides that the summons and complaint “shall be served upon a defendant within three years after the action is commenced against the defendant. For purposes of this subdivision, an action is commenced at the time the complaint is filed.” (Emphasis added.)...

Excerpt: ...26 et seq. (“CUTSA”). Plaintiff alleges defendants Jeff Harrer and Joe Baldenweg obtained and used Plaintiff's trade secret information to contact and solicit Plaintiff's existing customer base to steal and take over Plaintiff's clients, customers, and existing business. The operative Second Amended Complaint (“SAC”) alleges a single cause of action for misappropriation of trade secrets against defendants Harrer and Baldenweg and the busi...

Excerpt: ...aintiff cannot establish the essential elements of the following causes of action against Defendant San Juan Unified School District: her fourth cause of action for retaliation in violation of Government Code section 12940(h); her fifth cause of action for failure to prevent discrimination, harassment, and retaliation in violation of Government Code section 12940(k); her sixth cause of action for whistleblower retaliation in violation of Labor Co...

Excerpt: ...ents. (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 judicially noticed, the truth of the matters asserted in those documents, including the factual findings of the judge who was sitting as...

Excerpt: ...their contents. (Herrera v. Deutsche Bank Nat'l Trust Co. (2011) 196 Cal.App.4th 1366, 1375.) Plaintiff filed this non‐ judicial foreclosure action on October 31, 2018, alleging causes of action for breach of contract, violations of Civil Code sections 2923.6, 2924.11, and 2924.17, violation of Business and Professions Code section 17200 et seq., and negligence. Plaintiff alleges Nationstar should have provided her with a permanent loan modific...

Excerpt: ...cipate in oral argument on the continuance date. Plaintiff Silus Mardel Valson's (“Plaintiff”) motion to set aside and vacate the judgment sustaining defendant's demurrer pursuant to CCP § 663 is DROPPED. On December 6, 2019, this Court sustained defendant California Department of Corrections & Rehabilitation's (“Defendant” or “CDCR”) demurrer to Plaintiff's First Amended Complaint without leave to amend. (ROA 38.) Judgment was enter...

Excerpt: ...July 29, 2017, in front of 7029 Amberwick Way. Plaintiff filed her personal injury form complaint on May 29, 2019, against the City and defendants Robert Moos and Karen Moos (the homeowners of 7029 Amberwick Way). Plaintiff alleges causes of action for general negligence and premises liability. The only cause of action alleged against the City is for premises liability on the basis of an alleged dangerous condition of public property. The City mo...

Excerpt: ...gment is void. Pursuant to CCP 683.170 (a), the court may vacate a renewal of judgment on any ground that would be a defense to an action on the judgment itself. Plaintiff contends that he was never served with the summons and complaint and therefore the judgment is void. Filing the renewal application (and paying the appropriate filing fee) results in automatic renewal of the judgment. No court order or new judgment is required. The court clerk ...

Excerpt: ...consider at this hearing whether to dismiss the action or instead to issue the evidentiary/issue, and or monetary sanctions. Plaintiff was given until February 11 to file and serve opposition to the issue/evidentiary and monetary sanctions first requested in the Reply. Defendant was to serve a reply on the additional sanctions issue on or before February 19. Defendant's further briefing was to address whether plaintiff has complied with the order...

Excerpt: ...netary sanctions. Plaintiff was given until February 11 to file and serve opposition to the issue/evidentiary and monetary sanctions first requested in the Reply. Defendant was to serve a reply on the additional sanctions issue on or before February 19. Defendant's further briefing was to address whether plaintiff has complied with the order that he serve verified responses on or before February 10, 2020. As of February 24, 2020, no new documents...

Excerpt: ...is is a PAGA representative action for failure to pay all wages brought by Plaintiff Ian Alvarado ("Plaintiff') against Defendant Lewis Operating Corp. ("Defendant") and for civil penalties pursuant to the Private Attorneys General Act of 2004 ("PAGA") for violations of the California Labor Code ("Labor Code"). Plaintiff commenced this wage ‐and‐hour case asserting three causes of action for failure to pay wages, unfair competition, and penal...

Excerpt: ...es due), failing to provide compliant meal period and rest periods and associated premium pay, failing to timely pay wages during employment and upon termination of employment, failing to provide compliant wage statements, failing to maintain requisite payroll records, and failing to reimburse necessary business‐ related expenses. Defendant denies any liability or wrongdoing of any kind. Plaintiff requests the following: Granting preliminary ap...

Excerpt: ...ance of the OSC to file a substantive response because the attorney who handled the matter is no longer with Plaintiff's counsel's law firm. The Court thereafter continued the matter to today's date to allow Plaintiff to file a substantive response. On February 10, 2020, Plaintiff filed a response simply indicating that it was dismissing the entire action. Plaintiff made no arguments that the case was not subject to the five year statute. However...

Excerpt: ...ance date. Defendant David Poxon's unopposed demurrer to self‐represented Plaintiff Everett Spillard's complaint is sustained with leave to amend. The Court notes that Plaintiff filed a first amended complaint on February 18, 2020. However, effective January 1, 2016, absent a stipulation, a party may only amend a pleading as a matter of right in response to a demurrer no later than the date the opposition to the demurrer is due. (CCP § 472(a)....

Excerpt: .... Petitioner's request for judicial notice is granted. Respondent has brought claims against Petitioner with the DLSE under the Labor Code for alleged unreimbursed business expenses. Lyft periodically updates its Terms of Service (“Terms”). Respondent consented to the Lyft's February 6, 2018 Terms on May 3, 2018. (Ayanbule Decl. ¶ 12.) Lyft released the updated February 6, 2018 Terms to drivers who had previously been approved to use the Lyf...

Excerpt: ...iff Sherif Hakeem filed a class action Complaint in Alameda County Superior Court (“Hakeem I”) against defendant Universal Protection Service (“Defendant” or “Universal”). In that action, plaintiff Hakeem sought individual and class‐ wide damages and penalties for (1) unlawful failure to pay wages, (2) failure to provide meal and rest periods, (3) failure to provide accurate itemized wage statements, (4) failure to pay wages upon te...

Excerpt: ... Defendant has indicated the incorrect address in its notice of motion. The correct address for Department 53 of the Sacramento County Superior Court is 813 6th Street, Sacramento, California 95814. Defendant shall notify Plaintiffs immediately. Defendant's request for judicial notice on reply is GRANTED only as to exhibits G and H (Court documents), but DENIED as to the remaining exhibits, which consist of email communications between the partie...

Excerpt: ...de at the time of hearing, the Court rules as follows on Plaintiff Richard Smigelski's (Smigelski) motion to compel further responses to form interrogatories, special interrogatories and document requests: Overview This is a putative wage and hour class action. Smigelski is the sole named plaintiff. The named defendants are PennyMac Financial Services, Inc., PennyMac Mortgage Investment Trust, and Private National Mortgage Acceptance Company, LLC...

Excerpt: ...he tentative ruling system and to be available at the hearing, in person or by telephone, in the event Plaintiff appears without following the procedures set forth in Local Rule 1.06(B). This action arises from the termination of Plaintiff David Goudie's (“Plaintiff”) employment by Defendant. Plaintiff filed the complaint on September 8, 2017, alleging causes of action for defamation, violation of Labor Code sections 98.6, 1102.5, and 6310, a...

Excerpt: ...ively approve the employment of a legal secretary. This motion involves Plaintiffs' counsel, the Law Office, Ed Dudensing attorney‐at‐law (“TLO”) and TLO's hiring of Margaret Mallough as a legal secretary. TLO has hired Ms. Mallough, but apparently she has not yet started working at TLO. TLO indicates Ms. Mallough will not begin work until this Court issues an order on this motion. By this motion, Plaintiffs seek “an order that the empl...

Excerpt: ...anuary 14 and 15, 2020 before arbitrator William Diffenderfer located in Contra Costa County. Previously, respondent had requested arbitration in Los Angeles. At the last moment, after experts had been disclosed and the matter had been significantly prepared for arbitration, claimant's attorney requested to return to mediation. This mediation was unsuccessful and ended with Respondent's counsel leaving the mediation. (Declaration of Andrew C. Obe...

Excerpt: ...sale after the home was cited as an illegal marijuana grow operation and allegedly failed to disclose the mold problems arising from the illegal operation. The subpoenas seek all of Plaintiff Alicia Tutt's medical records from the last ten (10) years. Plaintiffs contend the subpoenas are overbroad, and are not limited to the conditions put at issue in this lawsuit. Plaintiffs contend the subpoenas invade plaintiff's constitutional right of privac...

Excerpt: ... 50‐50 tenancy and common agreement. (See FAC ¶ 16) Defendants seek to expunge the lis pendens on the basis that the First Amended Complaint does not contain a real property claim. A "real property claim" as defined in Title 4.5, Recording Notice of Certain Actions, is "a cause of causes of action in a pleading which would, if meritorious, affect (a) title to, or the right to possession of, specific real property." CCP 405.4) A lis pendens may...

Excerpt: ...ent to constitute a cause of action. This action arises from a dispute between plaintiff and the SVMA over plaintiff's claimed priority in the selection of exhibits spaces at the annual Sacramento Boat Show. The SVMA is a non profit mutual benefit member organization that promotes the interests of its members. SVMA hosts the Boat Show where members of the boating industry can present their products to consumers and other members of the industry. ...

Excerpt: ...ahed Harb approached slowing and stopped traffic from behind on west bound U.S. 50 at speeds in excess of 70 miles per hour, and that he intentionally failed to slow for the vehicles ahead and veered across 3 lanes of the highway without braking or slowing, then struck plaintiffs stopped vehicle from behind at 70 miles per hour. (See Judicial Council Form Complaint) Although there is no Exemplary Damages attachment to the Complaint, under Section...

Excerpt: ...ant Cobalt Real Estate Brokers Inc. (“Cobalt”) is GRANTED IN PART AND DENIED IN PART, WITHOUT PREJUDICE. Riverland and Cobalt filed separate Oppositions to the instant motion. Plaintiffs filed a Reply to each Opposition. No separate evidentiary objections were filed. Background Plaintiffs filed a Complaint ‐ on behalf of themselves individually and on behalf of others similarly situated ‐ against Riverland and Cobalt, alleging that these ...

Excerpt: ...d declaration was filed and the Court therefore presumes that the parties were unable to resolve the issues raised by the demurrer. In this action, Plaintiff alleges that his home was damaged in a fire and that he engaged Defendant, who is engaged in fire restoration and recovery services, to create a loss inventory of damaged property for the purpose of reporting the loss and creating a claim with Plaintiff's insurance company. (Comp. ¶¶ 6‐8...

Excerpt: ...g on Plaintiff's third motion to compel compliance ordering Defendant to “serve written, Codecompliant responses to RFPs 19, 22, 23, 26, 28, 31, 32, 35, 76, 79, 89, and 91, without objections, and shall produce all documents in Defendant's possession, custody, or control that are responsive thereto” on or before November 27, 2019. The Court also indicated that the previously‐ordered $500‐per‐day prospective monetary sanctions would rema...

Excerpt: ... production Nos. 2, 5, 7‐11, 17, 20‐22, 24, 32, 36, 37, 40, 41, 47, 48, 50, 52, 53, 55, 56‐59, 62, 63, 65, and 70‐73. The Court ordered Defendant to provide further responses and to produce responsive documents by December 2, 2019. Plaintiffs first argue that Defendant has not served code‐compliant further responses. Plaintiffs argue that the further responses actually only demonstrate compliance in part because the further responses re...

Excerpt: ...��Engine Defects”), Plaintiffs seek to compel Defendant to provide full and complete responses to certain requests for production. Requests Nos. 1, 9, 16, 18, 20‐23, 35, 57, and 70‐73 relate to Defendant's investigation and analysis regarding the defects. Requests Nos. 7, 30, 37‐40, 44, and 52 relate to Defendant's warranty and repurchase policies. Defendant interposed numerous objections to the requests for production, including objectio...

Excerpt: ...ations in Plaintiff's complaint, as well as language related to Plaintiff's UCL claims. The Court rules as follows. The notice of motion does not provide notice of the Court's tentative ruling system, as required by Local Rule 1.06(A). Defendants' counsel is directed to contact Plaintiff's counsel forthwith and advise counsel of Local Rule 1.06 and the Court's tentative ruling procedure. If Defendants' counsel is unable to contact Plaintiff's cou...

Excerpt: ...y at a trustee sale. Bakey should have received a trustee's deed to the property following the trustee's sale, but learned on September 27, 2017 that Zarate and Defendant Maria Camacho had recorded a grant deed four days prior to the trustee's sale which purported to convey the property to Defendants Robert Sedlar and Steven Rogers. On September 28, 2017, Bakey filed the instant litigation seeking to, inter alia, quiet title to the property. Zara...

Excerpt: ... July 29, 2013, and May 15, 2015. In the first accident, which occurred on July 29, 2013, Gurpreet Sidhu and his wife, Plaintiff, were rear‐ended by Ms. Nishimura. In the second accident, which occurred on May 15, 2015, Plaintiff, her husband, and their son were hit by a tractor‐trailer driven by defendant Juan Antonio Castaneda (“Mr. Castaneda”) while in the course and scope of his employment with defendant Fast Lane Transportation, Inc....

Excerpt: ...ento, California (the “Real Property”). The following provides background facts relevant to this instant motion. In late 2005, Defendant and his then wife, Anita Korbelik, discussed retaining the law firm of Drobny Law Offices, Inc. (“Drobny Law”) to represent them with regard to preparing an estate plan. On November 23, 2005, Drobny Law mailed a letter to Defendant and Mrs. Korbelik, titled “Waiver of Potential Conflict of Interest/Fee...

Excerpt: ...inancing of a used 2008 Suzuki XL7 from Car Hop in July 2016. Plaintiff signed a Motor Vehicle Retail Installment Contract (“RISC”) with Car Hop, which Car Hop then assigned to UAC. (Complaint ¶¶ 3, 4, 9, 13, Exh. A; Griffin Car Hop Decl. ¶ 3, Exh. A.) Plaintiff filed her complaint on July 11, 2019 alleging claims for fraud, intentional misrepresentation, concealment, breach of contract, and breach of good faith and fair dealing. Plaintiff...

Excerpt: ...dress in its notice of motion. The correct address for Department 53 of the Sacramento County Superior Court is 813 6th Street, Sacramento, California 95814. Plaintiffs shall notify Defendants immediately. On June 12, 2018, Plaintiff Araz Parseghian (“Parseghiah”) filed a class action complaint against defendant HomeStreet Bank (“Defendant”) in the Superior Court for the State of California, County of Alameda, entitled Araz Parseghian, in...

Excerpt: ...arises from Plaintiff's employment with Defendant, a franchisee of Mod Pizza restaurants in the Sacramento Valley region. Plaintiff was employed by Defendant from mid‐2017 until after the commencement of this action. Plaintiff filed this action on June 26, 2019, alleging wage and hour violations against Defendant on a class wide basis. (ROA 1.) Defendant was served on July 15, 2019. (ROA 14.) Defendant terminated Plaintiff's employment on July ...

Excerpt: ...for violation of Civil Code section 2941 [Certificate of discharge; Request for full reconveyance; Damages for violations; Fee for services connected with reconveyance]. Cross‐defendant contends that the cause of action for violation of Civil Code Section 2941 arises out of her litigation conduct in representing HSBC Bank USA and in filing the Complaint for quiet title on behalf of HSBC Bank USA. Hamilton contends this litigation activity is co...

Excerpt: ...sustained as to Nos. 1‐3, Overruled as to No. 4. Defendant's Evidentiary objections to the Alex Reyter are sustained. Defendant's Evidentiary objections to the Corey Travis are sustained as to No. 1, No. 2 as to (a) ‐ (d). overruled as to 2(e). Overruled as to No. 3. At the outset, no party contests that a real property claim is presented here. A brief overview of the salient legal authority is perhaps appropriate as a backdrop to the Court's...

Excerpt: ...lure to name an indispensable party. In this case arising out of foreclosure proceedings, plaintiff alleges causes of action for wrongful foreclosure, fraud, Violation of Business & Professions Code section 17200, and quiet title. The demurrer is sustained with leave to amend for failure to state facts sufficient to constitute a cause of action. (CCP § 430.10(e).) The demurrer is also sustained for a defect or misjoinder of parties. CCP 430.10(d...

Excerpt: ...having 802 cannabis plants in excess of the 6 plant limit ($500 x 802) which was upheld after an administrative appeal. Plaintiff's motion for summary judgment was granted which provided that judgment shall be entered in its favor in the amount of $401,000. The final order was entered on January 14, 2020. Plaintiff now seeks recovery of fees and costs in the amount of $56,984.37 as the prevailing party. This consists of $53,342 in attorney's fees...

Excerpt: ...irety is unopposed and granted. Legal Standard In evaluating a motion for summary judgment or summary adjudication, the Court engages in a three‐step process. First, the Court identifies the issues as framed by the pleadings. The pleadings define the scope of the issues on a motion for summary judgment or summary adjudication. ( FPI Dev. Inc. v. Nakashima (1991) 231 Cal.App.3d 367, 381‐382.) Because a motion for summary judgment/adjudication ...

Excerpt: ...to notify Plaintiff's counsel immediately of the tentative ruling system and to be available at the hearing, in person or by telephone, in the event Plaintiff's counsel appears without following the procedures set forth in Local Rule 1.06(B). Defendants' request for judicial notice is granted. In taking notice of these documents, the Court accepts the fact of their existence, not the truth of their contents. (See Professional Engineers v. Dep't o...

Excerpt: ...request for judicial notice. Defendant's objections to the Declaration of James Day are overruled. Plaintiff's objections to evidence are overruled, although the objected to evidence was immaterial to this Court's ruling. Plaintiff seeks a writ of possession to recover the following vehicle and two items of heavy equipment: (1) a 2014 GMC Pickup (VIN: 1GD072CG4E1140193) (the “Truck”); (b) a 2003 Caterpillar 420D 4x4 Loader Backhoe (S/N: CAT04...

Excerpt: ...ction Plaintiffs Ashhok Umashankar, Collin Danforth, Luke Danforth, Ethan Morton and Jacob Risch allege numerous causes of action against Defendants for assault, battery, harassment, invasion of privacy, false imprisonment, IIED, trespass to chattel, conversion, private nuisance and interference with contract. Plaintiffs Collin and Morton also allege certain employment related claims for nonpayment of wages and meal and rest period premiums. The ...

Excerpt: ...ive ruling system and to be available at the hearing, in person or by telephone, in the event Plaintiff's counsel appears without following the procedures set forth in Local Rule 1.06(B). To the extent Defendant “objected” to several of Plaintiff's Additional UMFs on the ground they are irrelevant, misstate prior testimony, etc., such objections are overruled because objections are properly directed solely at “evidence.” (See CRC Rules 3....

Excerpt: ...Mejia de Sop (collectively, “Plaintiffs”). This action arises from a motor vehicle accident. On January 27, 2018, Plaintiffs were injured when defendant Victor Gray ran a red light and struck their vehicle. At the time of the accident, California Highway Patrol (“CHP”) officers were in pursuit of Mr. Gray for violation of the Vehicle Code. Plaintiffs filed this action on December 31, 2018, alleging three cause of action against Defendants...

Excerpt: ... non‐profit orthodox Ethiopian church located in Elk Grove. Plaintiff alleges it is managed by a Board of Directors elected by Plaintiff's membership and in order for any action to be taken on behalf of the Board of Directors and Plaintiff, a majority of the Board must approve of or direct the action. (Complaint at ¶¶ 9‐10.) Plaintiff alleges defendants Mulatu and Wodaje have taken certain actions without Board approval, including changing ...

Excerpt: ...Daniel Krpata's (collectively, “Defendants”) purported failure to pay overtime wages, failure to pay minimum wages, failure to pay reimbursements, failure to provide meal and rest periods, failure to provide accurate wage statements, failure to pay final wages, failure to keep accurate time records, failure to provide sick leave, and violation of Labor Code § 558. Plaintiff further alleged Defendants' policies and practices resulted in unfai...

Excerpt: ...igation coordinator shall provide the tentative ruling to plaintiff. Appearance is required on February 7, 2020. Plaintiff shall be available, by COURTCALL, to participate in oral argument on the continuance date. Defendant Dr. V. Penmetcha's (“Dr. Penmetcha”) demurrer to self‐represented plaintiff and inmate Mervin Leroy (“Plaintiff”) is ruled upon as follows. Dr. Penmetcha's request for judicial notice is denied. Dr. Penmetcha request...

Excerpt: ..., filed this lawsuit for negligence and dangerous condition of public property based on allegations that he was sexually molested by a teacher's aide in a bathroom at Raymond Case Child Development Center (“School”) during the 2018‐ 2019 school year. As relevant here, Plaintiff alleges that Defendants negligently employed, supervised, and trained the teacher's aide and other unidentified personnel resulting in Plaintiff's molestation and th...

Excerpt: ...for intentional misrepresentation which is not present in the FAC. Defendant contends that the cause of action for Fraudulent Concealment fails to provide critical facts such as (i) the identity of the person or who sold Plaintiffs the subject vehicle, (ii) whether Plaintiffs had any interaction with GM before they purchased the subject vehicle, (iii) GM's knowledge of the alleged "oil consumption defect," (iv) GM's intent to defraud Plaintiffs, ...

Excerpt: ...menced a nonjudicial foreclosure against the Subject Property (5746 Cada Circle, Carmichael, California 95608) by recording and serving a Notice of Default and Election to Sell Under Deed of Trust. (First Am. Compl. ¶ 41, Ex. 10; Req. for Judicial Notice Ex. D.) Plaintiff and Audrey Kolesnikova failed to cure their default and as a result Quality recorded the operative Notice of Trustee's Sale on April 8, 2019. (Compl. ¶36, Ex. 11; Req. for Jud...

Excerpt: ...e into the fairness of the proposed settlement. (Cal. Rules of Court, rule 3.769(g).) A presumption of fairness exists where: (1) the settlement is reached through arm's‐length bargaining; (2) investigation and discovery are sufficient to allow counsel and the court to act intelligently; (3) counsel is experienced in similar litigation; and (4) the percentage of objectors is small. (Newberg & Conte, Newberg on Class Actions supra, § 11.41, pp....

Excerpt: ...ice of Internal Affairs (OIA) headquarters. Defendant CDCR moves for a protective order precluding plaintiff from taking the depositions of: 1. Former CDCR attorney and General Counsel Benjamin Rice: 2. Former CDCR attorney and Chief Deputy General Counsel Stephanie Clauss: 3. Current CDCR attorney and Chief Deputy General Counsel Howard Moseley 4. Former CDCR attorney and Chief Counsel Christine Albertine CDCR seeks to prohibit these four deposi...

Excerpt: ...ed. Defendant's Evidentiary Objections are sustained. Plaintiff's Complaint, the operative pleading in this case, filed December 26, 2018, contains one remaining cause of action against RN Candalla for Professional Negligence relating to conduct he alleges occurred at Correctional Health Services when he was an inmate of the Sacramento County Mail Jail from November 21, 2017 to November 22, 2017. Plaintiff asserts that RN Candaila, who served as ...

Excerpt: ... quote the actual language objected to. This action arises out of the purchase of real property located at 6951 Middlecoff Way, Sacramento, California (the "Property"). In September 2016, Plaintiff entered into a Real Estate Purchase Agreement to purchase the Property from defendant, Alexis Tillman (seller). Plaintiff alleges that Ms. Tillman concealed from him the fact that the property was encumbered by a special tax lien that arose from a pati...

Excerpt: ...Statement of Evidence filed in support of RN Candalla's Motion for Summary Judgment, or in the alternative, Summary Adjudication. In accordance with the Rules of Court, rule 2.551(b)(4), RN Candalla has lodged Exhibits "6" and "7" to the concurrently filed Statement of Evidence conditionally under seal. This Motion is made upon the ground that a purported overriding confidentiality interest in Plaintiffs medical records exists which overcomes the...

Excerpt: ...eir divorce and child custody proceedings. This Court previously granted Defendant's motion for summary judgment but that order was reversed in part by the Third District Court of Appeal as to the causes of action for invasion of privacy and IIED. Plaintiff is not claiming any bodily injury in this action though he does allege that he experienced significant emotional distress as a result of the use of his medical records. This Court previously g...

Excerpt: ...nversion, breach of oral contract, negligent misrepresentation and violation of Business & Professions Code § 17200. Plaintiffs allege that Defendant Murray Peterson, a resident of Sacramento County, convinced them to invest in diamonds. Mr. Peterson was Plaintiffs' financial advisor. Mr. Peterson allegedly told them that he had been in the diamond business with Defendant Adam Lowe, a resident of Florida. They did business as Peterson Lowe, LLC....

Excerpt: ...udice. However, as to all requests for production for which further responses have been served since the filing of the motion, defendants are ordered to produce the responsive documents they agreed to produce, no later than February 20, 2020. This action arises out of a dispute arising from an operating agreement concerning the operation of Lincoln Gateway Ventures, LLC (Lincoln). Plaintiff has a 20% interest in the LLC and defendant Vanir Group ...

Excerpt: ...ode § 2802. The second cause of action is penalties pursuant to the Labor Code Private Attorney General Act of 2004 (Labor Code § 2698, et seq. “PAGA”) premised on alleged violations of Labor Code § 2802. Defendant moves to compel arbitration of Plaintiff's individual claim for violation of Labor Code § 2802 and stay the remainder of the action pursuant to an arbitration provision signed by Plaintiff. The U‐Haul Employment Dispute Resol...

Excerpt: ...laintiff has retained counsel. Accordingly, the Court now rules as follows on defendant City of Sacramento's (“Defendant”) demurrer to Plaintiff's First Amended Complaint (“FAC”). Plaintiff filed this action on February 21, 2019, alleging causes of action for breach of contract, fraud, and gross negligence against Defendant. Defendant demurred to each of these causes of action in the original complaint. On August 13, 2019, the Court grant...

Excerpt: ...of motion does not provide notice of the Court's tentative ruling system, as required by Local Rule 1.06. Moving counsel is directed to contact Plaintiff and advise of Local Rule 1.06 and the Court's tentative ruling procedure and the manner to request a hearing. If moving counsel is unable to contact plaintiff prior to hearing, moving counsel is ordered to appear at the hearing in person or by telephone. This action arises from a motor vehicle c...

Excerpt: ...s requests for judicial notice are granted. Plaintiff filed the complaint in this action on behalf of minor Skylar Wolf, alleging that Deborah and Joseph Russi, co‐trustees of the Kerner Family Generations Trust fbo Catherine L. Wissenback (“Trust”), wrongfully transferred trust assets to which Skylar Wolf was entitled. Defendant Burk was the attorney for the co‐trustees at all relevant times. Defendant Burk alleges that he never had an a...

Excerpt: ...he termination of Plaintiff's employment by Defendant. Plaintiff filed the complaint on September 8, 2017, alleging causes of action for defamation, violation of Labor Code sections 98.6, 1102.5, and 6310, and wrongful termination in violation of public policy. Plaintiff was previously represented by counsel, but has been self‐represented since January of 2019. (ROA 38.) Plaintiff has not conducted any discovery in this case or taken any deposi...

Excerpt: ... 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 parties stipulated to...

Excerpt: ...Reyes, Roosevelt Properties, LLC, Property Management Agency, Inc. and Willie Vaughn (collectively, “Defendants”) alleging multiple habitability and housing violations. (ROA 1.) By this motion, Plaintiffs seek leave to amend to add allegations of conduct that occurred from July 29, 2019, through August 3, 2019. (DMN Decl. ¶ 8.) Trial is currently set for March 3, 2020. Specifically, the FAC would differ from the original complaint in the fol...

Excerpt: ...t had the opportunity to respond to. The Court is not considering the late‐filed opposition, however the evidence before the court that was timely filed is sufficient to deny the motion to compel arbitration. Petitioner seeks an order under the California Arbitration Act (California Code of Civil Procedure §§ 1281 et seq.) compelling Respondent John Clark to arbitrate his wage and hour claims alleged in his Labor Commissioner Complaint (pursu...

Excerpt: ...rnia Code of Civil Procedure §§ 1281 et seq.) compelling Respondent Christopher Evans to arbitrate his wage and hour alleged in his Labor Commissioner Complaint (pursuant to California Code of Civil Procedure § 1281.2), and dismissing the Labor Commissioner hearing pending the completion of arbitration (pursuant to California Code of Civil Procedure § 1281.4). In the alternative, Petitioner requests a stay of the Labor Commissioner hearing pe...

Excerpt: ...ubmitted. Therefore, the undisputed facts remain undisputed. It bears noting that plaintiff's opposition wholly fails to comply with the summary judgment statute. Civil Procedure section 437c (b)(3) provides: The opposition papers shall include a separate statement that responds to each of the material facts contended by the moving party to be undisputed, indicating if the opposing party agrees or disagrees that those facts are undisputed. The st...

Excerpt: ... for two LLCs. He also alleges that he had a separate joint account with his wife, Carol Fauerbach, at the credit union. He alleges that on an unspecified date, he withdrew $20,000 from this "joint account" that he held with his wife and deposited it with another institution. Plaintiff alleges that defendant, at an unspecified date, wrongfully debited his LLC trust account ("trust" account) in the amount of $20,000 and put the funds into Carol's ...

Excerpt: ... 2014 and 2015 baseball seasons. Plaintiff alleges causes of action for, among other things, race discrimination and harassment, retaliation, wrongful termination, failure to pay wages, and failure to provide meal and rest periods. As it relates to Defendants Metz and the D‐backs, Plaintiff alleged causes of action for aiding and abetting FEHA violations, violation of the Ralph Civil Rights Act and Unfair Business Practices. Metz and the D‐Ba...

Excerpt: ...ento and suffered personal injuries. Defendant Pacific Bell filed its answer on August 25, 2017. Defendant moves for summary judgment on the sole bases that the alleged defect is trivial, was open and obvious, and that it had no notice of a dangerous condition. Any party may move for summary judgment in any action or proceeding if the party contends that (1) the action or proceeding has no merit or (2) there is no defense to the action or proceed...

Excerpt: ... 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.” Defendant and self‐represented plaintiff Lauren Luo (“Plaintiff”) entered into a Stipulation for Settlement (the “Set...

Excerpt: ...y license agreement by failing to pay the full license fees owed for manufacturing fire‐roasted tomato products using CFR's licensed technology. CFR claimed Liberty used CFR's fire‐roasting technology and included liquid smoke or smoke additives for certain customers, but failed to pay the higher license fees in breach of the License and Consent Agreement. Liberty's request to file a counterclaim against CFR, asserted two days before the arbi...

Excerpt: ...on under Bus. & Prof.Code § 17200. Cal TD is the foreclosure trustee. [Complaint ¶ 5] Plaintiffs allege that moving Defendant "wrongfully withheld funds from Plaintiff after the nonjudicial foreclose sale was completed. [Compl., ¶51.] Plaintiffs claim that the amount of their loan was approximately $200,000, and that the property sold for $295,000 at the foreclosure auction. [Compl., ¶ 50.] In the section of the complaint entitled "Facts Pert...

Excerpt: ...15, and 1 7; and portions of Exhibits 7, 16, 18, 22, and 26, under seal. On March 28, 2018, Liberty and CFR entered into a protective order, signed by the arbitrator, to protect economically sensitive information, that, if disclosed to the parties' competitors, has the potential to cause significant financial harm. (See Declaration of Josh H.Escovedo ("Escovedo Decl."), ¶ 2, Ex. " A . " ) CFR and Liberty designated the Amended and Restated Licen...

Excerpt: ...ling, tortious breach of the implied covenant of good faith and fair dealing and “bad faith” in connection with allegations that Defendant failed to honor a vehicle theft insurance contract. Plaintiff alleges that her vehicle was stolen and that Defendant improperly denied her claim under the insurance policy. Defendant moves for summary judgment/adjudication. This matter was previously set to be heard on September 5, 2019, but the Court gran...

Excerpt: ... (1990) 220 Cal. App.3rd 1117, 1138.) Newberg on Class Actions (4th Ed.), the most authoritative treatise on class actions, discusses the process for approving the settlement of a class action. At § 11.24, “Procedure for Submitting Class Settlement for Approval,” Newberg describes the review at the preliminary stage as the submission by the parties of the essential terms of the agreement for informal review of the settlement papers by the Co...

Excerpt: ...acquiring a Cynosure Sculpsure Laser System (the "Equipment"). Plaintiff filed this action on May 30, 2018, alleging three causes of action for (1) breach of Equipment Finance Agreement ("EFA"), (2) claim and delivery, and (3) conversion. During the litigation, Plaintiff obtained possession of the Equipment and has been attempting to sell it. Plaintiff then moved for summary judgment or, in the alternative, summary adjudication. On October 22, 20...

Excerpt: ...ated at 1413 Howe Avenue, Sacramento, California. On or about August 5, 2014, plaintiff New East Frontiers, Inc. (“Plaintiff” or “New East”) entered into a real estate purchase agreement with Jai Shri Ram Hospitality Group, LLC (“Seller”). (UMFs 2, 3.) Defendant MHS was a broker for Seller and acted by and through real estate broker defendant Story. (UMF 4.) Story is the President and sole shareholder of MHS. (Story Decl. ¶ 1.) Neith...

Excerpt: ...icial notice of the existence of each document in a court file, but can only take judicial notice of the truth of facts asserted in documents such as orders, findings of fact and conclusions of law, and judgments." (Bach v. McNelis (1989) 207 Cal.App.3d 852, 865.) YAN's objections to evidence are overruled. This action arises from a loan agreement YAN and La Posta entered into in connection with a casino project that ultimately failed and the jud...

Excerpt: ...tates Petroleum, Inc. (“Defendant”) from approximately July 2015 to April 2018. Defendant is a full‐service petroleum supplier. Plaintiff filed a class action lawsuit on April 27, 2018, on behalf of all current and former hourly‐ paid or non‐exempt employees who worked for Defendant within the State of California at any time from April 27, 2014, to final judgment. On July 11, 2019, Plaintiff filed a First Amended Complaint (“FAC”) t...

Excerpt: ...in a class action is fair. (Rebney v. Wells Fargo Bank (1990) 220 Cal. App. 3rd 1117, 1138.) The law favors settlement, particularly in class actions and other complex cases where substantial resources can be conserved by avoiding the time, cost, and rigors of formal litigation. (See Newberg on Class Actions 4th (4th ed. 2002) § 11.41 (and cases cited therein); Class Plaintiffs v. City of Seattle (9th Cir. 1992) 955 F.2d 1268, 1276; Van Bronkhor...

Excerpt: ...employee duty of loyalty, and injunctive relief. A First Amended Complaint was filed on August 1, 2019, alleging the same causes of action. Defendant demurred to the FAC. The demurrer was dropped as moot because a Second Amended Complaint (“SAC”) was filed on October 1, 2019. The operative SAC alleges claims for misappropriation of trade secrets, breach of the employee duty of loyalty, breach of contract, intentional interference with contrac...

Excerpt: ...18, asserting causes of action for auto accident negligence and general negligence against defendant TWT Express LLC (“TWT”). The complaint alleges that the truck driver, an employee of TWT, drove a truck forward while Plaintiff was performing mechanical work on the truck causing the truck to strike Plaintiff's head. On January 28, 2019, TWT filed its answer. (ROA 12.) On November 1, 2019, Plaintiff filed a Doe Amendment to name defendant Vic...

Excerpt: ...s imposition of an administrative penalty of $318,000 on Plaintiff pursuant to Sacramento City Code sections 8.132.040(B) and 8.132.050, following the City's discovery of illegal indoor cultivation of 642 cannabis plants in a home owned by Plaintiff in Sacramento. The City's Code Enforcement issued the penalty on July 2, 2018, and the City's administrative appeals division affirmed the penalty on September 19, 2018. Notice of the administrative a...

Excerpt: ...Dr. Elke Cooke, MD. Plaintiff ingested the medication in 2016, the same year that the medication was recalled by the defendant. The motion is granted as to 14, 15, 18, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33 and 34 (limited to construction in 2016), 35, 36, 37, 39,40, 41and 42 (limited to 2016 prescription retention and patient records) 43, 44, 45, 46, 49, 50, 51, 52, 53. The motion is granted as to 59, 60 ,61,and 62 however scope ...

Excerpt: .... Plaintiffs allege that defendants, who were hired as bookkeepers, stole more than $246,000 from plaintiffs in the form of checks that had been made payable to defendants. Defendants contend that after plaintiff's erroneously accused defendants of fraud, plaintiff resorted to "self‐help" measures by locking defendants out of their offices depriving them of their client files and filing a false police report. Plaintiffs served discovery on defe...