Excerpt: ...nc. v. Woodland Lane Estates, LLC (2007) 152 Cal.App.4th 1106, 1117‐18; see also Stratford Irrig. Dist. v. Empire Water Co. (1941) 44 Cal.App.2d 61, 68 [recorded land documents, 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., supra, 152 Cal.App.4t...

Excerpt: ...st 2: Admit that defendant's negligence was not a substantial factor in causing plaintiff's injuries. Request 3: Admit that defendant did not cause the collision that injured plaintiff. Request 4: Admit that plaintiff has no facts to support a contention that defendant's negligence caused her injuries. Plaintiff's single objection to each request was: "Objection. This Request seeks admission of an ultimate fact that is to be d...

Excerpt: ...fendants' 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 counsel prior to the hearing, Defendants' counsel shall 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). Evidentiary Objections...

Excerpt: ...ants' 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 counsel prior to the hearing, Defendants' counsel shall 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). Evidentiary Objections Pla...

Excerpt: ...inutes Orders, ROA No. 116) A trial court may, in its discretion, dismiss an action for delay in prosecution under the provisions of California Code of Civil Procedure §§583.410‐583.430, either on its own motion or on the defendant's motion, if it appears appropriate to the court under the circumstances of the case. (Cal. Code Civ. Pro § 583.410(a).) A discretionary dismissal for lack of prosecution must be made in accordance with rules ...

Excerpt: ...ded Cross‐complaint alleges 14 causes of action arising from disputes between the shareholders and directors of M.C.M. Construction, Inc. ("MCM") a privately‐held construction company formed in 1973. The five shareholders are James and Judith Carter, Joey Carter, Jeffrey Carter, plaintiff Harry McGovern, and James Coppini. The Carters allege in their SACC that, between 2007 and 2016, McGovern and former MCM director, James Coppini, ca...

Excerpt: ...aintiff alleges that she suffered injuries and disabilities as a result of a rape by a colleague and Defendants failed to provide her a reasonable accommodation, failed to engage in the interactive process and retaliated against her when they used performance issues as a pretext to terminate her. Defendants issued subpoenas to Plaintiff's subsequent employers (Lundberg Family Farms and Blood Source) and MB Public Affairs, Inc., where she applied ...

Excerpt: ... no later than the date the opposition to the demurrer is due. (CCP § 472(a).) The opposition was due on September 5, 2018 and no stipulation has been presented to the Court. The Court therefore strikes the first amended complaint filed on September 6, 2018, on its own motion. The Clerk is directed to strike the first amended complaint. In this action, Plaintiff alleges that she suffered injuries while attending a concert at the Crest Theatre. S...

Excerpt: ...2 Cal.App.4th 1106, 1117‐18; see also Stratford Irrig. Dist. v. Empire Water Co. (1941) 44 Cal.App.2d 61, 68 [recorded land documents, 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., supra, 152 Cal.App.4th at 1117‐18; see also Fontenot v. Wells ...

Excerpt: ...f to a Kaiser hospital where he was prescribed Ibuprofen prior to his intake with the Sheriff's Department. (Compl. ¶ 14.) The following day, Plaintiff was in pain and seen by correctional medical staff with the Sheriff's Department. Plaintiff was offered the medication Naproxen for pain by the MD, but Plaintiff declined stating he was allergic to the drug. (Compl. ¶ 15.) Plaintiff was released later that same day. Plaintiff alleges defendants ...

Excerpt: ...ach of contract requires pleading of a contract, plaintiff's performance or excuse for failure to perform, defendant's breach and damage to plaintiff resulting therefrom. [Citation.]” (McKell v. Washington Mutual, Inc. (2006) 142 Cal.App.4th 1457, 1489.) In evaluating a motion for summary judgment or summary adjudication the court engages in a three step process. The Court first identifies the issues framed by the pleadings. The pleadin...

Excerpt: ...37c, subd. (q).) In this personal injury action, plaintiff Debra Ruth Bensema (“Plaintiff”) alleges she was injured after she tripped and fell on a floor mat in Defendant's restaurant. Plaintiff alleges the door mat was defective and created an unsafe walking surface. Plaintiff has alleged a single cause of action for negligence (premises liability) against Defendant. Defendant now moves for summary judgment on the grounds that Plaintiff has ...

Excerpt: ...adjudication, is granted. Defendants' request for judicial notice is granted. In this employment action, Plaintiff Jessica McNary who was a licensed vocational nurse with the UC, alleges FEHA causes of action for failure to accommodate, failure to engage in the interactive process, harassment, retaliation, violation of Labor Code § 1102.5, violation of Health & Safety Code § 1278.5, violation of 42 USC § 1983, failure to prevent harassment/dis...

Excerpt: ...l Center (collectively, “Sutter”) is granted as follows. Plaintiffs allege Defendants engage in the "illegal practice of dumping vulnerable nursing facility residents into hospitals." (Third Amended Complaint (TAC) ¶ 1.) According to Plaintiffs, Defendants "dump" their neediest residents and, to maximize profits, refuse to readmit them. Such a practice allegedly violates state and federal law, which require "facilities to...

Excerpt: ... of the contents therein. This case originates from a motor vehicle accident that occurred on February 3, 2015, in the city of Citrus Heights, California. Plaintiff Bahareh Angela Shivazad and Plaintiff Aidan Moez Ardalan were in a vehicle that was struck by Defendant Cynthia Ann Pelley. At the time, Defendant Pelley was working for Defendant Allstate. Plaintiffs allege that Defendant Pelley was taking a prescribed dosage of Mirapex for “restle...

Excerpt: ...ent of Motor Vehicles (“Respondent”) and operated by one of the Respondent's employee. Following the collision, Petitioner and her insurance agent, Jack Kandola, reached out to DGS. (Laskin Decl. ¶ 5.) Kim Clark, a DGS Risk Analyst, requested information from Petitioner about the accident, and this was provided to DGS. (Laskin Decl. ¶ 5; Clark Decl. ¶ 1.) Six months later, Petitioner was awaiting documentation from her employer to support ...

Excerpt: ...��Plaintiff”) failed to comply with CCP § 1005 by filing an untimely opposition on September 4, 2018, only three days before the hearing on this matter and served the opposition on Defendant that same day by mail. The Court notes Plaintiff argues his opposition was late because he was not served with this motion. However, the proof of service provided with Defendant's motion indicates Plaintiff was served by mail on August 21, 2018. Nonetheles...

Excerpt: ..., (4) Kin Care Discrimination, (5) Wrongful Discharge in Violation of Public Policy, (6) Wage Statement Violations, (7) Failure to Provide Payroll Records Upon Request, (8) Failure to Provide Personnel File Upon Request, and (9) Unfair Competition. See Shimoda Decl., ¶ 4; Exhibit C. At about the same time, plaintiff provided notice to the LWDA and employer concerning the PAGA claims. Plaintiff eventually became authorized to file a civil action ...

Excerpt: ...es' meal and rest period premiums, overtime, and double time rates of pay because it did not properly account for shift differentials in those calculations. The Complaint also alleges that Defendant failed to provide Plaintiff and similarly situated aggrieved employees with legally compliant itemized wage statements showing the full name of the legal entity that was their employer, the accurate total hours they worked each pay period, the app...

Excerpt: ...f action cannot support punitive damages because the fraud claim is insufficiently pled as argued in its demurrer and thus there is no basis for punitive damages. However, since the Court has concluded that the fraud claim was sufficiently pled, the motion to strike punitive damages is must be denied for the same reasons the demurrer was overruled. (See, e.g. Johnson v. Ford Motor Co. (2005) 35 Cal. 4th 1191.) Fraud is a cause of action which pro...

Excerpt: ...ento County Jail, he was treated for injuries allegedly sustained before and after he was arrested. Plaintiff alleges that defendant Candalla, who served as plaintiffs treating nurse through the Sacramento County Correctional Health Services, offered him the medication Naprosyn, even though he told her he was allergic to it. Plaintiff alleges at ¶ 20 of the Complaint that Candalla told him it would take too long to look at his medical records an...

Excerpt: ...section. Plaintiff has named City in the 1st cause of action for Motor Vehicle Negligence, the 3rd Cause of action for Dangerous condition of public property, and the 4th Cause of action for General Negligence based on alleged failure to maintain the traffic lights. “Except as otherwise provided by statute,” a “public entity is not liable for an injury, whether such injury arises out of an act or omission of the public entity or a public em...

Excerpt: ...perly removed items from the property and failed to repair damage, failed to clean the carpet and left garbage at the property. Plaintiff seeks to add causes of action for intentional and negligent misrepresentation as a result of Defendants' deposition testimony in May 2018 in which he contends they admitted to altering the condition of the property and removed items between the time the property was listed for sale and the time the contract was...

Excerpt: ... for harassment based on gender and mental disability and IIED against Defendant Thomas. Plaintiff was hired as a lab technician in November 2013. Defendant Thomas became his supervisor in February 2014. Plaintiff was promoted to lead lab technician/foreman a position he held until December 2015 when he was demoted back to lab technician as a result of a December 4, 4015 meeting regarding a corrective action he received after accumulating points ...

Excerpt: ... private nuisance, constructive eviction, NIED, negligence and violation of Business & Professions Code § 17200. The action arises from Plaintiffs' tenancy at the Palms Apartment. They allege that their unit suffered from water intrusion which allowed mold to grow and which they contend breached the warranty of habitability. The FAC contained causes of action for negligence per se, constructive eviction, nuisance, violation of Business & Profess...