Excerpt: .... Defendants Select Portfolio Servicing, Inc.'s (“SPS”) et al.'s demurrer to Plaintiff Cherrone Peterson's complaint is sustained without leave to amend. This matter was continued from July 24, 2018 to allow Defendants to comply with CCP § 430.41. They have now done so. Defendants' request for judicial notice is granted. (See Poseidon Devel., Inc. v. Woodland Lane Estates, LLC (2007) 152 Cal.App.4th 1106, 1117‐18; see also Stratford Irrig....

Excerpt: ...m. on August 29, 2018. Self‐represented Plaintiff's motion to “set aside default and default judgment” is denied. Defendants' request for judicial notice is granted. Pursuant to CCP § 473(b), Plaintiff moves to set aside the Court's order granting Defendants Patrick and Nancy DeAlva's anti‐SLAPP motion on July 18, 2018. The formal order was entered on August 3, 2018. A brief procedural history is necessary. Initially, Defendants' anti‐...

Excerpt: ...the same no later than 4 p.m. on August 29, 2018. Plaintiff/Cross‐Defendant Rosca Enterprises, Inc.'s motion to enforce arbitration agreement and stay claims pending arbitration is denied. Defendants Tyler and Kristina Rist's request for judicial notice is granted as to the complaint and cross‐complaint. The Court denies the request to take judicial notice of an unpublished appellate court decision which may not be relied upon by Defendants. ...

Excerpt: ...er than 4 p.m. on August 29, 2018. Defendants The Regents of The University of California (“UC”), Gregory Sokolov, M.D. and Andrea Javist's motion for summary judgment, or in the alternative, summary 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 t...

Excerpt: ...August 29, 2018. Defendant Volt Management Corp.'s demurrer to Plaintiff Maria Barraza's second amended complaint (“SAC”) is overruled in part and sustained without leave to amend in part as set forth below. Defendant's request for judicial notice is granted. In this employment action, Plaintiff alleges FEHA related causes of action for disability discrimination, retaliation, failure to accommodate and failure to engage in the interactive pro...

Excerpt: ... New Penn Financial, LLC dba Shellpoint Mortgage Servicing's (“Shellpoint”) demurrer to Plaintiffs Nikolay and Tatyana Martynov's complaint is ruled upon as follows. Shellpoint's request for judicial notice is granted. (See Poseidon Devel., Inc. 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 s...

Excerpt: ...han 4 p.m. on August 29, 2018. Defendant Sunrise Recreation and Park District's (“District”) demurrer to Plaintiff Beverly Becker's first amended complaint is ruled upon as follows. This matter was continued from July 24, 2018 to allow the District to comply with CCP § 430.41. It has now done so. District's request for judicial notice is granted. In this action Plaintiff alleges two causes of action against the District for Dangerous Conditi...

Excerpt: ... 2018. Defendant's unopposed demurrer to self‐represented Plaintiff Stephanie Mammen's second amended complaint (“SAC”) is ruled upon as follows. This matter was originally set for July 27, 2018. The court's tentative ruling sustained the demurrer without leave to amend. Despite failing to file an opposition, Plaintiff appeared at the hearing. The Court continued the matter to August 17, 2018 to allow Plaintiff to file a motion for leav...

Excerpt: ...ulton Avenue Used Car location for approximately 6 months starting on January 19, 2016. She initially sought a two week leave of absence starting July 1, 2016 to recover from major knee surgery. On July 8, 2016, Plaintiff sent Hertz an email requesting an extension of the leave of absence until October 1, 2016, or "until further notice." Defendant told her that they could not hold her position open for three months, and Plaintiff was term...

Excerpt: ...sed, taken as a concession to the merits (D.I. Chadbourne, Inc. v. Superior Court (1964) 60 Cal.2d 723, 728, fn. 4 [where nonmoving party fails to oppose a ground for a motion “it is assumed that [nonmoving party] concedes” that ground].), and is sustained without leave to amend for failure to state facts sufficient to constitute a cause of action. On April 19, 2018 the court sustained the demurrer of defendant Anne Marie Schubert's, with...

Excerpt: ...ut of the case in April 2018 and plaintiff is now self‐represented. Defendant Select Portfolio Servicing, Inc. ("SPS") is the loan servicer. On December 18, 2017, a Notice of Default ("NOD") was recorded. (FAC, Exhibit S.) A balance of $117,579.25 is owed on the loan. Plaintiff alleges that moving party interfered with her efforts to get relief from the "Keep Your Home California" ("KYHC") principal forgiveness p...

Excerpt: ...ice is granted. (See Poseidon Devel., Inc. 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...

Excerpt: ... suffered gender discrimination, harassment and retaliation stemming from her perceived entitlement to a promotion to an Attorney IV position. She further alleges whistleblower retaliation and fraud against CDE and her coworker/ supervisor Defendants. Defendants contend this action will require extensive document productions, which will include confidential and privileged information relating to the allegations within Plaintiff's First Amende...

Excerpt: ...icial notice is granted. (See Poseidon Devel., Inc. 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 disp...

Excerpt: ...ch denied Petitioner's motion for relief from Government Code section 945.4 on the ground that Petitioner's purported mistake of law or neglect was insufficient to support the claim for relief. Petitioner now moves for reconsideration of that Order on the grounds that she “has facts with evidence that [she] would like to present.” (Motion at 2:8‐9.) Petitioner then asserts she had started and continued filing complaints with the Departm...

Excerpt: ...or summary adjudication, the court need rule only on those objections to evidence that it deems material to its disposition of the motion.]) The Court notes that only URC's one objection to evidence, filed separately with its reply, complies with Cal. Rules of Court Rule 3.1354(b). The Court declines to rule on the remaining objections by URC due to their lack of compliance with the rule of court. This is a negligence and dangerous condition ...

Excerpt: ...y have now done so. In this action, Plaintiffs allege four causes of action for breach of written contract, conversion, negligence/negligent misrepresentation, and “emotional distress.” The case involves a dispute regarding the rental of a storage unit. The Court previously sustained Defendants' demurrer to the original complaint on February 14, 2018 and the first amended complaint on April 20, 2018. (ROA 24, 45) As was the case with the prev...

Excerpt: ... to state facts sufficient to constitute a cause of action. On April 19, 2018 the court sustained the demurrer of defendant Anne Marie Schubert's, without leave to amend, to the complaint filed by self‐represented plaintiff Dwyane Burgess. The complaint commences with the following recitation: "Now Comes Aggrieved party (U.C.C. §1‐201(2)) Dwayne Lamont Burgess (hereinafter Aggrieved party), Sui Juris, Secured Party (U.C.C. §9‐105)...

Excerpt: ...issal of the Third Amended Complaint on January 23, 2018 (ROA 527). On April 5, 2018, in Department 54, Judge Rodda denied the motion to vacate the voluntary dismissal in that case, finding that the "attorney neglect" upon which the motion was based did not fall under the mandatory fault provisions of CCP 473. After Plaintiff's motion to vacate his voluntary dismissal [which was filed without prejudice] was denied, he filed this case,...

Excerpt: ...cts 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 date the document was recorded and executed, the parties to the transaction reflected in the recorded document, and the docum...

Excerpt: ...der. Defendants' request for judicial notice of the Court's prior Minute Orders is granted. Factual and Procedural Background As the facts of this case are well known to the Court, they receive summary recitation here. Plaintiff Garvey Equipment Company (“Plaintiff”) and RKU each submitted bids on two separate tree chipper contracts in response to the following California Department of General Services' (“DGS”) invitation for bids: IFB 62...

Excerpt: ...Plaintiff and Defendant, acting as an employee at the time of defendant La Tapatia Tortilleria, Inc.. Plaintiff served Defendant with its first set of document requests on January 25, 2018. Defendant served responses on May 2, 2018. After meet and confer efforts failed, Plaintiff now moves to compel a further response to Request for Production Number 6, which seeks “Any and all Document(s) in your possession, custody, or control that contain wi...

Excerpt: ...ing, the Court asked the parties to discuss the subpoena issue. Thereafter, the parties agreed to limit the subpoenas to the body parts at issue in the action (Plaintiff's spine, neck, back, shoulders, lower extremity symptoms and sciatica). CSAA then reissued the subpoenas to Sutter Physicians Services and Sutter Medical Foundation seeking Plaintiff's medical records regarding the body parts at issue. The subpoenas do not contain any applicable ...

Excerpt: ... schedule to begin on February 27, 2018. The parties then stipulated to continue the trial, and on February 7, 2018, the Court continued the trial date to June 26, 2018. On June 15, 2018, Plaintiff substituted his former counsel, Mr. Patrick, for his current counsel, Christopher J. Fry. Four days later, on June 19, 2018, Mr. Fry filed an ex parte application in Department 47 before Judge De Alba to continue trial and related dates. On June 20, 20...

Excerpt: ...t for judicial notice is granted. Factual and Procedural Background This action arises out of the plans of CDE4 and its members, Plaintiff and CH4 Power, to plan, develop, permit, and profit from a biogas project in Fresno County. Specifically, CDE4 was going to build an anaerobic digester for California dairy farmers. In 2016, CH4 sought investors to partner with to build and maintain the anaerobic digesters. In exchange, among other things, inv...