Excerpt: ...g which time he received positive performance evaluations. During his employment with Defendant UC, Plaintiff informed his co‐workers that he suffered from depression, anxiety, ADHD, and Chronic Motor Tic Disorder. Side effects of his disabilities included depression and anxiety, scratching himself, talking, and other nervous physical tics. Plaintiff was accused by misconduct by a patient. After Plaintiff demonstrated to Defendants how his Chro...

Excerpt: ...ule 2.31(C) Plaintiffs Realty Advisors, Inc.(RAI), The Lily Company, a California LLC, and Farmers Cattle Company, Inc. (FCC) filed a First Amended Complaint ("FAC") alleging claims for breach of fiduciary duty, aiding and abetting, Quiet Title to Real Property, Unjust Enrichment, Money Had and Received, and Conversion. Plaintiffs allege that decedent Samuel B. Fong, who was the former trustee of the family trust, raided the three family business...

Excerpt: ...endants, Tahoe Moon Properties, Inc. and Alan Godlove, that the property was inadequately inspected and maintained prior to occupancy, and that as a result, accumulated ice and snow dislodged from the roof of the rental, striking plaintiff on the head and neck. (Complaint, paras. GN‐1 & Prem.L‐1.) Cross‐Complainant Tahoe Moon Properties, the property manager for the owner Godlove, cross‐complained against Plaintiff's wife, Darien Heron, b...

Excerpt: ...luding the power sliding doors, Plaintiffs seek to compel Defendant to provide full and complete responses to certain requests for production (set one). Requests Nos. 1, 2, 4, 6, and 10 relate to the subject vehicle. Requests Nos. 11‐13, and 18‐20 relate to Defendant's investigations and analysis regarding the defects. Requests Nos. 3, 50, 55, 56, 92‐94 and 101‐103 relate to Defendant's compliance with statutory obligations. Defendant int...

Excerpt: ...anager of the visitor clubhouse during the 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 Joseph Metz (“Metz”) and the Arizona Diamondbacks' (“Dbacks”), Plaintiff alleged causes of action for aiding and abetting FEHA violations, violation of...

Excerpt: ... Plaintiff shall be made available for oral argument, by CourtCall, on January 21, 2020 at 2:00 p.m. Defendant shall also be available to participate in oral argument on the continuance date. Defendant Scott Kernan's motion to require Plaintiff Alonzo Joseph to post security in the amount of $6,820 as a vexatious litigant before proceeding with this action is ruled upon as follows. Defendant's request for judicial notice is granted. In his compla...

Excerpt: ..., 2019. No trial date has been set. Plaintiff seeks leave to remove as a defendant the County of Sacramento and Sacramento County Sheriffs' Department pursuant to the Request for Dismissal filed on November 22, 2019 (ROA 206), to clarify general allegations pertaining to Doe defendants, alter ego, and successor liability, to add two new causes of action for fraudulent conveyance and conspiracy based on new facts recently discovered, to make non�...

Excerpt: ... In this action, Plaintiffs allege that the California Department of Corrections and Rehabilitation, Folsom, and the County of Sacramento created a dangerous condition of public property by closing a sidewalk and directing Ms. Hills to walk/pass into the roadway where she was struck by a car driven by defendant Carolyn Vodoklys. Correctional Officer Nader Saca was supervising the CDCR inmate work crew at the time of the incident. This motion to c...

Excerpt: ...d at 7500 Beech Avenue, Orangevale, California 95662. Christine alleges she is the true owner of the property. She alleges her ex‐husband, Michael Sparks (“Michael”) obtained fee simple titled to the property in 2003 and then transferred and assigned all rights in the property to her in 2019. Despite this, Christine alleges Michael and Nicholas served her with a 60‐day notice to vacate or quit. Christine alleges Michael and Nicholas claim...

Excerpt: ...and approve any settlement of any civil action filed pursuant to this part." See Labor Code § 2699(1)(2). As with any settlement, the Court must be mindful in conducting its inquiry that "[s] ettlement is a compromise, which balances the possible recovery against the risks inherent in litigating further." See In re TD Ameritrade Account Holder Litig., 2011 U.S. Dist. LEXIS 103222, 24 (N.D. Cal. Sept. 12, 2011). Indeed, "the very essence of a set...

Excerpt: ...he 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 requests judicial notice of two declarations: the Declaration of Nick Wagner, Custodian of Records for the Department of General Services, Government Claims Program (Exh. A) and the Declaration of Lin...

Excerpt: ...onse to a subpoena for production of documents issued in connection with a separate pending case, Alston v. Dr. Drennan et al., Sacramento County Superior Court Case No. 34‐2018‐00247179. (ROA 1.) Attached to the Complaint as “Exhibit A” is the deposition subpoena for the production of business records served on the Sacramento County Department of Health Services Correctional Health Services Medical Records Unit. (Compl., Exh. A.) The sub...

Excerpt: ...Defendant City of Folsom (“Folsom”) to produce Elaine Andersen and James Francis (collectively, “the Witnesses”) to answer deposition questions, and for sanctions against Defendant City of Folsom and its attorneys in the amount of $4,123.20. The motion is ruled upon as follows. In this action, Plaintiffs allege that the California Department of Corrections and Rehabilitation (“CDCR”), Folsom, and County of Sacramento created a dangero...

Excerpt: ... Towers, Inc.; Gold Country Health Center, Inc.; Mayflower Gardens Health Facilities, Inc.; Stockton Congregational Homes, Inc.; RHF Management, Inc.; and Retirement Housing Foundation (collectively, “Moving Defendants”) move for summary judgment or, in the alternative, summary adjudication of Plaintiffs Gloria Single and California Long Term Care Ombudsman Association (“CLTCOA”)'s third amended complaint (“TAC”). The motion is ruled ...

Excerpt: ...) for allegedly producing mental health records in response to a subpoena for production of documents. Defendant Ms. Wainscott is a Medical Records Technician for the County of Sacramento, and has held this position for ten years. (Decl. Wainscott ¶ 3.) Plaintiff Alston seeks $15,000,000 in this action based upon the County of Sacramento's production of Alston's "mental health" records in response to Ms. Candalla's business records subpoena in t...

Excerpt: ...urt. However, there is evidence in plaintiff's deposition that also supports the finding of disputed issues of material fact, and is cited, infra. On or about December 19, 2013, Plaintiff financed the Subject Property with a First Lien Loan. As evidence of the first lien mortgage loan. Plaintiff executed a Promissory Note (the "Note"), and concurrently executed a Deed of Trust (the "Deed of Trust") as security for the Note (the Note and Deed of T...

Excerpt: ...ion. Plaintiff's objection to the Bellizzi Declaration is overruled. An Amended declaration that complies with CCP 2015.5 was filed December 16, 2019, the day before the original hearing date. Defendant's Objection to the Declaration of Jared Walder, plaintiff's counsel, is sustained. Plaintiff's counsel has not provided a foundation for any expertise concerning his analysis of the metadata concerning the Dispute Resolution Agreement. All affidav...

Excerpt: ...ation which states that she provided him with a copy of her First American Policy in connection with obtaining a bid for the policy. (Upshire Declaration page 34) Plaintiffs' First Amended Complaint arises out of the denial by Allstate of a claim for vandalism to plaintiffs' rental property. Plaintiffs contend defendants were negligent for selling them the "Allstate Landlord's Package Policy" ("Policy") that did not include coverage for vandalism...

Excerpt: ...es that the abuse begin in 2015 and continued through March 2018. The instant motion involves SJUSD's response to Plaintiff's special interrogatory No. 10 which asked SJUSD to provide the identity and contact information for teachers, instructional aides, volunteers, or other assistants that were in the class taught by Beth Finkbeiner (the alleged abuser) during the 2015‐2016, 2016‐2017 and 2017‐2018 school years. SJUSD identified numerous ...

Excerpt: ...o form interrogatories‐construction litigation (set one). Plaintiffs' causes of action against Defendant were ordered dismissed. Plaintiffs now move for relief pursuant to the mandatory provisions of CCP § 473(b) based on their counsel's affidavit of fault. The Court declines Plaintiffs' request to strike Defendant's reply brief filed 3 court days prior to the hearing. While untimely, it attached the subject responses to discovery that have be...

Excerpt: ...e riding a go‐kart in February 2017. Defendant seeks to augment its expert witness list to add four of Plaintiff's treating physicians as non‐retained experts. Defendant asserts that these physicians were originally listed as Plaintiff's experts but were withdrawn by Plaintiff on November 20, 2019 after Defendant noticed their depositions. Defendant argues that it is important to depose these physicians because it learned that Plaintiff under...

Excerpt: ...greement (“APA”) with Defendant in April 2014. Plaintiff alleges that Defendant breached the APA and committed fraud by providing materially false financial information and financial statements regarding the operations of the business that was the subject of the agreement. Plaintiff also alleges that Defendant committed fraud in connection with a September 2014 Consulting Agreement when its owner Jacqueline Drum misrepresented the number of h...

Excerpt: ...ng on October 24, 2019, in Department S302 of the Riverside County Superior Court. Defendant argues Plaintiff has now submitted an untimely request for judicial notice and declaration. The Court disagrees that the submission is improper. Plaintiff's request for judicial notice simply asks the Court to take judicial notice of the declaration he previously submitted in connection with the previous October 24, 2019, Riverside County Superior Court h...

Excerpt: ...nd Quest related to an IT Infrastructure Managed Services Enterprise Services Agreement (the "Agreement"). Quest alleges that after AR terminated the Agreement in October 2016, AR wrongfully retained possession of certain equipment. AR contends the parties' agreement allowed AR to retain possession of the equipment. Quest alleges numerous causes of action against AR for conversion and breach of contract, among others. AR filed a crosscomplaint ag...

Excerpt: ...mit without advance court permission. In opposition to Defendant's first demurrer Plaintiff filed a 36 page opposition without advance court permission. (CRC 3.1113(d).) Despite this, the Court considered the opposition in ruling on the demurrer. Plaintiff's counsel has for a second time failed to comply with CRC 3.1113(d). Despite this, the Court in its discretion has considered the entire opposition in ruling on this demurrer. The Court caution...

Excerpt: ... she invested a substantial part of her retirement savings with defendant Kevin Terry (“Mr. Terry”) and his LLCs. She alleges that she did not receive any of her investment back and that Mr. Terry drained the money and assets of the LLCs by paying himself, co‐defendant Karan Terry (“Ms. Terry”), and his related entities. Plaintiff filed a First Amended Complaint (“FAC”) on July 1, 2019, which added causes of action for violations of...

Excerpt: ...icipate in any oral argument on the continuance date. Defendant Jennifer Shaffer's demurrer to self‐represented Plaintiff Reginald Wheeler's First Amended Complaint (FAC) is sustained. The Court notes that Plaintiff's Opposition was not timely filed and served pursuant to Code of Civil Procedure section 1005(b). The Court, however, exercises its inherent and authority and discretion and has considered the Opposition, particularly in light of De...

Excerpt: ...ant Fish & Wildlife; (2) trespass against the Conservancy; (3) private nuisance against the Conservancy; and (4) premises liability against the Conservancy. The complaint alleges the following. The Conservancy is a charitable environmental organization whose mission is to conserve the lands and waters on which all life depends. In 2014, the Conservancy constructed the Lower Consumnes River Floodplain Restoration Project (the "Project"), restoring...

Excerpt: ...ice of motion does not provide notice of the Court's tentative ruling system as required by Local Rule 1.06(D). Moving defendant's counsel is ordered to notify Plaintiff immediately of the 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 employment and subsequent termination of Plaintif...

Excerpt: ...f the real property involved in this partition action. The current tenant who owns 50% of the property remains on the property and is not cooperating with the receiver's attempts to sell the house. Paragraph 9 of the Court Order appointing the receiver provides that: "9. The Referee shall have the authority to enter the Property upon providing proper notice to the occupants and to evict any tenant or occupant of the Property in order to facilitat...

Excerpt: ...ument, by CourtCall, on January 21, 2020 at 2:00 p.m. Defendant shall also be available to participate in oral argument on the continuance date. Defendant Scott Kernan's motion to require Plaintiff Alonzo Joseph to post security in the amount of $6,820 as a vexatious litigant before proceeding with this action is ruled upon as follows. Defendant's request for judicial notice is granted. In his complaint, Plaintiff alleges that in 2005 he was a 29...

Excerpt: ...version, private nuisance and interference with contract. The action arises from an alleged agricultural joint venture doing business as W.U.R.M. Assets, LLC, between Plaintiff Umashankar and Defendant Brian Radoo, Defendant Bobby Mohamed, and Scott Wallace. It is alleged that on May 10, 2018, that Defendants came to the property and began screaming, cursing and threatening them, locked up their dogs, brandished a gun and indicated that more guns...

Excerpt: ... 3.1113(d). Again, Defendants did not obtain an order from the Court allowing them to file such an oversized opposition memorandum. This is true despite the fact that the Court's previous ruling on the demurrer to the FAC cautioned Defendants that their failures to comply with the CRC could lead to the Court declining to consider their papers, or the entirety therof. The Court reluctantly considered the entirety of Defendants' memorandum, but may...

Excerpt: ...in, Defendants did not obtain an order from the Court allowing them to file such an oversized opposition memorandum. This is true despite the fact that the Court's previous ruling on the demurrer to the FAC cautioned Defendants that their failures to comply with the CRC could lead to the Court declining to consider their papers, or the entirety thereof. The Court reluctantly considered the entirety of Defendants' memorandum, but may not do so in ...

Excerpt: ... proposed new tentative ruling and will set this matter for hearing on January 8, 2020 and will allow further briefing by the parties on the proposed new tentative ruling. After the tentative ruling posted, the Court received [late‐filed] Plaintiff's Second Request for Judicial Notice which contained the California Supreme Court website docket listing for the matter of Ferra v. Loews Hollywood Hotel, No. S259172, indicating that a Petition for ...

Excerpt: ...on to compel Defendant to provide full and complete responses to certain requests for production (set one) and produce responsive documents corresponding to those requests. Requests nos. 17 and 20‐25 relate to Defendant's investigations and analysis regarding the defects. Requests 7, 50 ‐52, and 65 relate to Defendant's warranty and repurchase policies. The Court's Order of 8/9/19 expressly overruled Defendant's objections to the requests for...

Excerpt: .../or Crossroads Facility Services (collectively “Crossroads”). He claims that Crossroads reduced his hours and then terminated him because of his religion (Christian) and/or because he complained of discrimination. His complaint contains three causes of action: (1) religious discrimination in violation of the Fair Employment and Housing Act (“FEHA”); (2) retaliation in violation of FEHA; and (3) wrongful termination. Crossroads has now mov...

Excerpt: ...39;s Motion for Summary Judgment is denied. Defendant Candalla's Evidentiary Objections to the late filed reply evidence are granted. Plaintiff seeks summary judgment against defendant Maria Candalla. In this action self‐represented Plaintiff alleges causes of action for professional negligence/medical malpractice and for violation of the Bane Act stemming from care he received while in the custody of the Sacramento County Sheriff's Dep...

Excerpt: ...Keven Terry and Karan Terry's Motion to Strike portions of the First Amended Complaint is granted as follows: The matter was continued to this date to allow the filing of a compliant meet and confer declaration that meets the requirements of CCP 430.41. The declaration filed by Nicholas Lazzarini meets those requirements. A motion to strike is appropriate to strike out any irrelevant, false or improper matter asserted in any pleading and the ...

Excerpt: ...ets' Motion to Amend Minute Order issued on August 20, 2019 to correct clerical error is ruled on as follows: On August 20, 2019 the Court issued a minute order awarding plaintiff $11,305 in attorneys fees. No request for oral argument had been made. The order became final. Moving party filed this motion within 10 days, contending that there was a clerical error in the math calculation to reach the amount of attorneys fees awarded. Vorobets s...

Excerpt: ...1. Defendant seeks to compel contractual arbitration in accordance with the Synchrony Bank/Walmart Credit Card Agreement. When presented with a petition to compel arbitration, the initial issue before the court is whether an agreement has been formed. (American Express Co. v. Italian Colors Restaurant (2013) 570 U.S. 228, 233 [133 S.Ct.2304, 2306, 186 L.Ed.2d 417] [arbitration is a matter of contract]; Pinnacle Museum Tower Assn. v. Pinnacle Mark...

Excerpt: ...iff Northern California Collective Service, Inc.'s (“Plaintiff”) motion to compel defendant the Shutter Source USA, Inc. (“Defendant”) to serve further responses to Plaintiff's request for production, set two, numbers 8, 13, 15, 17, and 18 is ruled upon as follows. Plaintiff is the assignee for collection for State Compensation Insurance Fund. Plaintiff's collection complaint, filed March 7, 2018, alleges two common counts for an open...

Excerpt: ...licy Regarding Availability and Unavailability of Official Court Reporters. Additional information regarding this policy can be found on the Court's website at www.saccourt.ca.gov This matter was continued to this date from September 12, 2019. The parties were directed to meet and confer on a possible protocol for inspection of plaintiff's smart phones and computers. The Joint Statement filed September 20, 2019 states that the parties have be...

Excerpt: .... Additional information regarding this policy can be found on the Court's website at www.saccourt.ca.gov. Plaintiff Richard Smigelski's (“Plaintiff”) motion for an order requiring Defendants to send a corrective notice pursuant to this Court's March 11, 2016, and April 22, 2016 Orders is ruled upon as follows. Factual and Procedural Background Plaintiff filed this instant action on November 17, 2015. Originally, Plaintiff only asserted a sin...

Excerpt: ...efendant Becky Sunahara's Motion to Set Aside Default and Quash Service of Summons is denied. This matter was continued from September 4, 2019 after oral argument for further briefing. Plaintiff's supplemental opposition presents evidence that defendant responded to his May 2012 emails about the legal fees she owed him in excess of $12,000, therefore showing she was aware of the sums due for his legal services. Defendant told plaintiff sh...

Excerpt: ...laintiff Eli Aramouni's “motion for decree of involuntary dissolution of corporation [Corp. Code §1800] and appointment of receiver for winding up and liquidating corporate assets [Corp. Code §1803]” is denied, without prejudice as set forth below. Plaintiff's request for judicial notice is granted. In this action, Plaintiff filed his verified complaint against Defendant 1st Choice DVBE, Inc. (“1st Choice”) seeking involuntary dissoluti...

Excerpt: ...row, LLC, Mitchell Lopez and David Siegl's (collectively “Kong Grow”) motion for determination of good faith settlement is granted. The parties' requests for judicial notice are granted. Plaintiffs California Gown, Green Wave Farm, and Green Wave, Inc. filed their complaint against Kong Grow and non‐moving Defendant Lopez AG Service, Inc., Jeremy Olen, Alfred Lopez, and Alfred Lopez, Jr. Plaintiffs allege causes of action for negligence, ne...

Excerpt: ...lan Gruenefeldt's unopposed demurrer to Plaintiff Casey Woodbury's third amended complaint is sustained without leave to amend. Plaintiff alleges two causes of action against Defendant for patient abandonment and NIED arising from connection with the treatment and care of his mother Helen Woodbury in April 2016. On June 3, 2019, the Court sustained Defendant's demurrer to these causes of action with leave to amend for failure to state facts suffi...

Excerpt: ...at www.saccourt.ca.gov. Defendants Walter Dahl and Dahl Law's motion to strike portions of Plaintiffs Emily and Clinton Walker's first amended complaint (“FAC”) is ruled upon as follows. The parties' requests for judicial notice are granted. In this legal malpractice action Plaintiffs allege causes of action for professional negligence, breach of fiduciary duty and breach of contract against Defendants. Plaintiffs allege that Defendants repre...

Excerpt: ...andez and Santos Ruiz's unopposed petition to compel is granted. Petitioners purchased a used car from Pars Auto Wholesale, Inc. pursuant to a Retail Installment Sales Agreement (“RISC”) which was later assigned to Westlake Services, LLC. The RISC contains an arbitration provision requiring arbitration of any claim or dispute related to the vehicle and/or the RISC. Petitioners are permitted to select AAA or any other arbitration organization ...

Excerpt: ...rget Corporation and Chris Nezbeth's motion for summary judgment, or in the alternative, summary adjudication, is ruled upon as follows. In this slip and fall action, Plaintiff Brandie Daniel alleges a cause of action for premises liability against Defendants. Plaintiff alleges that she was injured when she slipped and fell on a “wet substance” during an April 8, 2017 visit to a Target store on Fulton Avenue. Any party may move for summary ju...

Excerpt: ...l not be available in Departments 53 and 54, with exceptions listed in the Court's Policy Regarding Availability and Unavailability of Official Court Reporters. Additional information regarding this policy can be found on the Court's website at www.saccourt.ca.gov Since both motions are brought on the same grounds and plaintiff has filed a joint opposition to the motions, the Court issues one ruling for both motions. Evidentiary Objections Garvey...

Excerpt: ...icial Court Reporters. Additional information regarding this policy can be found on the Court's website at www.saccourt.ca.gov On May 20, 2019, the Court entered an order granting preliminary approval of class action settlement, thereby preliminarily approving the terms of the settlement. By this motion, Plaintiff now seeks final approval of the settlement. This is a wage and hour action brought by Plaintiff on behalf of a class of approximately ...

Excerpt: ...ive September 23, 2019, official court reporters will not be available in Departments 53 and 54, with exceptions listed in the Court's Policy Regarding Availability and Unavailability of Official Court Reporters. Additional information regarding this policy can be found on the Court's website at www.saccourt.ca.gov In the Complaint, Plaintiff alleges causes of action for breach of contract and foreclosure of security interest against Defendant Cr...

Excerpt: ...s (“Plaintiff”) motion for preliminary injunction is DENIED. This action concerns commercial real property located at 8633 Antelope North Road, Antelope, California 95843. Plaintiff alleges he is the owner of the property. Plaintiff alleges the property was sold to him by defendant Michael Urbancic pursuant to a Settlement Agreement the parties reached in a separate litigation matter (Case No. 34‐ 2010‐0087710). Plaintiff alleges that und...

Excerpt: ...fs Adam J. Harmoning, Araz Parseghian, and Darlene Dravis' (collectively, “Plaintiffs”) motion for preliminary approval of class action settlement is UNOPPOSED and is GRANTED. On June 12, 2018, Plaintiff Araz Parseghian 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, individually, and on behalf of other members of...

Excerpt: ...Wittman Enterprises, LLC's (“Defendant”) demurrer to plaintiffs Nakita Clark and Dawn Stephenson's (collectively, “Plaintiffs”) Second Amended Complaint (“SAC”) is ruled upon as follows. Plaintiff has filed this wage and hour putative class action on behalf of “[a]ll current and former hourly‐paid or non‐exempt employees who worked for any of the Defendants within the state of California at any time during the period from March ...

Excerpt: ...tiff”) motion to quash the subpoenas issued to Dignity Health Medical Foundation and CVS Pharmacy for Plaintiff's medical and pharmacy records is GRANTED. Defendants' request for judicial notice is granted. This is an employment action in which Plaintiff alleges causes of action for Retaliation for Disclosure of Information to a Government or Law Enforcement Agency and Disability Discrimination against Dignity Health Foundation, Dignity Health ...

Excerpt: ...ion to quash the subpoena issued to the Department of Motor Vehicles (“DMV”) by defendant California Department of Corrections and Rehabilitation (“CDCR” or “Defendant”) is ruled upon as follows. The operative Fourth Amended Complaint alleges a single claim for retaliation in violation of FEHA. Plaintiff generally alleges CDCR retaliated against her and refused to return her to work in retaliation for her 1999 sexual harassment and di...

Excerpt: ...t Century Insurance Company's (“Cross‐Defendant” or “21st”) demurrer to cross‐complainant Richard E. Lehrfeld's (“Cross‐Complainant” or “Lehrfeld”) Cross‐Complaint is ruled upon as follows. Cross‐Defendant's request for judicial notice of documents in the Court's records is granted. Cross‐Complainant filed the Cross‐Complaint on February 8, 2017, alleging causes of action for intentional misrepresentation, negligent ...

Excerpt: ... as amatter of law." (Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 850 ), fn. omitted.) A triable issue of material fact exists "if, and only if, the evidence would allow a reasonable trier of fact to find the underlying fact in favor of the party opposing the motion in accordance with the applicable standard of proof." (Ibid., fn. omitted.) Defendants bear "the burden of persuasion that 'one or more elements of...

Excerpt: ...ction. CCP § 430.10(e);Rakestraw v. California Physicians' Service(2000) 81 Cal.App.4th 39, 42‐43. In reviewing a general demurrer, the facts pleaded are assumed to be true and the only issue is whether they are legally sufficient to state a cause of action.Rope v. Auto‐Chlor System of Wash., Inc.(2013) 220 Cal.App.4th635. The ability of plaintiff to prove them is not in issue.” ( Diamond Multimedia Systems, Inc. v. Superior Court(1999...

Excerpt: ...leges causes of action for breach of contract and promissory estoppel based on allegations that he was denied a request for a lateral transfer. Plaintiff alleges that he applied for a special agent position in February 2015. (FAC ¶ 8.) He alleges that a senior special agent informed him that while he met the educational requirements he lacked the two years' experience with the primary responsibility for performing investigations at the Correctio...

Excerpt: ...ch of contract, breach of fiduciary duty, deceit, rescission, unjust enrichment, quiet title, declaratory relief, and specific performance. This dispute arises from the operating agreement of Aurora entered into between Plaintiff and Guttridge in 1998. Plaintiff was a 49% investor member of Aurora. Guttridge was the Managing Member holding 51% of Aurora. Aurora's sole material asset was approximately 900 acres of real property near the City of Ga...

Excerpt: ...�husband using her name and that he was ordered to pay the loan pursuant to their marital settlement decree. At the outset, while Defendant makes both a motion to quash and a motion to set aside, given Defendant is currently in default, the only motion that she may properly make is one to set aside the default. As Defendant's default has been entered by the Clerk and not yet set aside, the Court has lost jurisdiction to address any action by the ...

Excerpt: ...ring on August 28, 2019. At the hearing, Plaintiff's counsel sought to introduce evidence and argument that was not presented in the moving papers. Specifically, Plaintiff sought to introduce into evidence form CMS‐2567 (the federal form from the Centers for Medicare and Medicaid Services). Plaintiff argued form CMS‐2567 proved certain statements made in the declarations of Susan Gilpatrick and Heather Foster were false in that it shows the u...

Excerpt: ...have filed identical Amended Answers, therefore the court is addressing them in one ruling. Plaintiff has filed demurrers to the 2nd ‐ 11tth and the 13th Affirmative defenses alleged in the Amended Answer. Plaintiffs contend that the Answers fail to state facts to sufficient to constitute an affirmative defense, and that the affirmative defenses are uncertain. C.C.P., sec. 430.20 (a) provides for a demurrer to an Answer, where “The answer doe...

Excerpt: ...elopment Co., Inc. v. County of Alameda (2015) 242 Cal.App.4th 760, 765.) In determining whether a plaintiff properly stated a claim for relief, the Court shall treat the demurrer as admitting all material facts properly pleaded, but not contentions, deductions, or conclusions of fact or law. In this putative wage and hour class action, Plaintiffs allege numerous causes of action premised on Labor Code violations. The second cause of action is fo...

Excerpt: ...on is titled as one to withdraw Shade's "requests for admissions," the Court is unaware of any procedure by which Diede could move to withdraw discovery served by Shade. Diede may only move to withdraw its admissions to Shade's requests for admissions. Indeed, despite the misleading title of the motion, the substance of the moving papers appear to properly seek to withdraw only Diede's admissions, not the actual requests thems...

Excerpt: ...lder abuse case, Plaintiff alleges the following two causes of action: (1) violation of the Elder Abuse Act; and (2) negligent hiring and supervision. Plaintiff filed this action on June 22, 2018. Defendants filed their Answer on September 14, 2018, wherein they asserted twenty affirmative defenses. (ROA 40.) Plaintiff seeks adjudication of nine of Defendants' affirmative defenses on the grounds that Eskaton failed to identify a single fact, witn...

Excerpt: ... Plaintiff's answer to Samra's Cross‐ Complaint is granted. Samra's objections to the Declaration of Corey Travis, number 1 is sustained. The remaining objections are overruled. Plaintiff's objections to the Declaration of Gurdip Samra and to the Declaration of Tommy Ponder are overruled. This action arises from a purchase and sale agreement regarding property to be used to legally distribute cannabis. The dispute arose after Samra cancelled th...

Excerpt: ...s. This legal malpractice action arises from Defendants' alleged mishandling of Plaintiff's personal injury suit, and the settlement Defendants' negotiated on her behalf. The underlying personal injury action arose from a fall that occurred on June 15, 2001. Plaintiff, then 19‐months old, fell from the second story landing in her mother's apartment building. Plaintiff is currently 18 years old. Plaintiff's mother, Elisabeth Boutte, retained Def...

Excerpt: ...ton 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. The FAC arises from an alleged agricultural joint venture doing business as W.U.R.M. Assets, LLC, between Plaintiff Umashankar and Defendant Brian Radoo, Defendant Bobby Mohamed, and Scott Wallace. Plaintiffs seek t...

Excerpt: ...ent, IIED, trespass to chattel, conversion, private nuisance and interference with contract. The FAC arises from an alleged agricultural joint venture doing business as W.U.R.M. Assets, LLC, between Plaintiff Umashankar and Defendant Brian Radoo, Defendant Bobby Mohamed, and Scott Wallace. It is alleged that on May 10, 2018, that Defendants came to the property and began screaming, cursing and threatening them, locked up their dogs, brandished a ...

Excerpt: ...‐2018‐ 00245075 alleging individual and derivative causes of action against Ming Le. OSI and Ming Le filed their complaint against Kenny Le in case no. 34‐2018‐ 00246072. The cases were consolidated on June 11, 2019, and Kenny's action was designated as the lead case. Prior to the matters being consolidated, OSI and Ming Le prevailed on their motion for preliminary injunction which was granted by Judge Krueger in January 2019. By virtue o...

Excerpt: ... immediately. No formal order pursuant to CRC rule 3.1312 or other notice is required. Item 4 2018‐ 00233339‐CU‐NP Pamela J. Palmieri vs. Stephen Foondos Nature of Proceeding: Filed By: Hearing on Demurrer to First Amended Complaint Sargetis, John Defendants Stephen Foondos, John Sargentis and United Law Center's demurrer to Plaintiff Pamela Palmieri and Kayrinka Gilliland's first amended complaint (“FAC”) is sustained with leave to ame...

Excerpt: ...erred to the settlement nor attached the settlement agreement in which the parties agreed that the Court would retain jurisdiction over the case. Generally, when there is a voluntary dismissal of the entire action, the court's jurisdiction terminates. See, Casa de Valley View Owner's Assn. v. Stevenson (1985) 167 Cal.App.3d 1182, 1192. Indeed, dismissal affects the court's ability to retain subject matter jurisdiction. Once a party ha...

Excerpt: ...ffe, Scott E. Defendant's Motion to File a Cross‐Complaint is unopposed and is granted. On June 8, 2018, defendant filed his Answer to the Complaint involving alleging a breach of a commercial lease. Defendant determined after conducting discovery and reviewing discovery that he has a claim against the plaintiff involving the same lease. Defendant wishes to file a compulsory cross‐complaint against the plaintiff. As noted in 5 Witkin Cal....

Excerpt: ...tiary objections are sustained for the reasons stated therein. Plaintiff notes that the motion was not timely served (16 court days plus four calendar days instead of five calendar days) however plaintiff has responded on the merits and the court will rule on the merits of the motion despite its untimeliness. See, e.g. Carlton v. Quint (2000) 77 Cal.App.4th 690, 696‐698; Cowan v. Krayzman (2011) 196 Cal. App. 4th 907, 918. This action arises fr...

Excerpt: ...that Jade Nicole is a registered process server. The summons given to Mr. Hardiman was left completely blank. That is, in section 1 of the summons, there was no indication in the notice to person served as to whether the service was made to an individual defendant or on behalf of another party. Further, there is no indication as to the manner of delivery. Subsequently, on or about May 2, 2019, Jade handed an identical set of papers to Greg Voetsc...

Excerpt: ...r the death of Erica Hann under the theory of respondeat superior because its employee, defendant Rumberger, was acting in the course and scope of employment at the time of the fatal accident. In this wrongful death action Tyler Rumberger fatally injured Erica Hann at approximately 11:44 a.m. on April 24, 2018. Rumberger was driving has 2017 Ford F150 pick‐up truck and hit Hann as she was crossing Grasslands Drive within the north cross‐walk ...

Excerpt: ...18. No other extrinsic evidence can be considered. Ion Equipment Corp v Nelson (1980) 110 Cal.App.3d 868, 881. Therefore, the Court does not consider extrinsic evidence in ruling on whether a pleading is sufficient on its face. The Plaintiff filed a 36 page opposition on August 26. No opening or responding memorandum may exceed 15 pages, without advance court permission. CRC 3.1113 (d). No permission to exceed page limitations was sought or obtai...

Excerpt: ...s not provide notice of the Court's tentative ruling system as required by with C.R.C., Rule 3.1308 and Local Rule 1.06(D). Local Rules for the Sacramento Superior Court are available on the Court's website. Counsel for moving party is ordered to notify opposing party immediately of the tentative ruling system and to be available at the hearing, in person or by telephone, in the event opposing party appears without following the procedure...

Excerpt: ...CA”) based upon allegations that defendants Kaiser Foundation Health Plan, Inc. (“Kaiser”) and KP Cal were over billing Medi‐Cal by millions of dollars per month. Specifically, Plaintiff alleges Defendants were collecting monthly insurance premiums from Medi‐Cal for patients who Defendants were already receiving monthly insurance premiums for, from another source. Plaintiff has also alleged personal claims for breach of contract, breach...

Excerpt: ...aina Mensah‐Paul alleged causes of action against Defendants Calfox, Inc., et al. for negligence and premises liability in connections with injuries she sustained when she allegedly tripped and fell on a curb in Defendants' parking lot. The Court issued a tentative ruling granting Defendants' motion for summary judgment. Plaintiff did not file a written opposition to the motion. However, she appeared at the May 30, 2019 hearing and the Court to...

Excerpt: ...ion arguing insufficient notice of the motion was provided, but this argument was not raised in the memorandum in opposition and Cross‐Complainant provided a substantive opposition, thereby demonstrating no prejudice has been suffered due to any defective service. Therefore, the Court need not drop this motion for defective service. The Court also notes Cross‐Complainant miscalculated the opposition's due date as August 26, 2019. Nine Cou...

Excerpt: ... against a number of her properties in order to fund his cannabis business. Plaintiff alleges that various hard money lenders, financial institutions, escrow/title companies, and mobile notary services are liable for various causes of action with respect to the financial transactions. Nott is one of the mobile notary defendants. Plaintiff filed the SAC on June 18, 2019, alleging the following ten causes of action: (1) declaratory relief; (2) canc...

Excerpt: ... 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 notice of the fact that defendant has...

Excerpt: ...hich provides that a bank may only charge against a customer's account an item that “is properly payable from that account” meaning that it is “authorized by the customer and is in accordance with any agreement between the customer and the bank.” (Comm. Code § 4401(a).) Plaintiff alleged that Umpqua charged its account in the amount of $154,811.28 based on a check written to and signed by Corrine Rankin, who it alleged was not authorized...

Excerpt: ... failed to provide him commissions on certain jobs, and failed to provide him information to verify GCCR's commission totals. At issue on this motion are GCCR's responses to Plaintiff's request for production Nos. 7‐14 and 20 which relate payments to certain parties and scopes of work and other documents related to the calculation of Plaintiff's commissions. GCCR interposed the identical objection to requests 7‐14: “Objection. This request ...

Excerpt: ...f good faith and fair dealing, 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. Trial was set for September 16, 2019, but the Presiding Ju...

Excerpt: ...able complaint under the California False Claims Act (“CFCA”). “The court shall limit the scope of discovery if it determines that the burden, expense or intrusiveness of that discovery clearly outweighs the likelihood that the information sought will lead to the discovery of admissible evidence. The court may make this determination pursuant to a motion for protective order by a party or other affected person.” (CCP § 2017.020(a).) “[...

Excerpt: ...ous disposition and possessed dangerous propensities in that the aforementioned dog had bitten, attacked, and/or injured other individuals, including but not limited to attacking/biting an individual in the one week prior to the incident, which JOSEPH had knowledge of. JOSEPH'S placement and exposure of the aforementioned dog around children and/or the public with knowledge of the prior attack(s)/bite(s) was outrageous, willful, malicious des...

Excerpt: ...de her default entered July 10, 2014 and default judgment entered on April 23, 2015 pursuant to CCP 473.5 (no actual notice), 473(d), and the Court's inherent power to set aside a void judgment. She also moves to quash service of summons due to lack of jurisdiction under and CCP 418.10(a)(1). The proof of service of the registered process server states that defendant was personally served on May 8, 2014 at 140 Glenwood Cir., Roseville, CA 956...

Excerpt: ...t to invalidate the automatic 30‐day extension Defendants' obtained pursuant to CCP § 430.41(a)(2) and then affirm the defaults entered as to defendants Tanya Escay and Robert Rominski and issue an order that Plaintiffs “be allowed” to request entry of default on defendants Alan Feng, Louis Small, and Bobbie Delaney. In short, Plaintiffs “motion” is not a proper motion. Plaintiffs have not cited to any legal authority supporting the ba...

Excerpt: ...h, and based on the purported lack of authorization, seeks indemnity and breach of fiduciary duty from Franklin. Defendant Franklin contends that he has already been determined to be plaintiff's agent, in a related action brought by the third party, Lonich, against Blakefield. Blakefield, as the alleged principal, alleges causes of action for Equitable Indemnity, Breach of Fiduciary Duty, and Tort of Another against Franklin, the his agent. I...

Excerpt: ...asons unknown, this Department did not receive Plaintiff's opposition to the demurrer or Defendants' reply thereto prior to the publication of the Tentative Ruling, both of which were timely filed. Desiring to consider the matter with the benefit of full briefing from all Parties, the Court vacated the tentative ruling and continued the matter to today's date. Plaintiff filed his Complaint on or about May 23, 2019,in propria personaal...

Excerpt: ...in the SAC and attached thereto. In this PAGA action, Plaintiffs (product demonstrators at Costco Warehouses) contend defendants Club Demonstration Services, Inc. (“CDS”) and WDS failed to provide suitable seating at their workstations in violation of California law. On July 12, 2019, this Court granted WDS' motion for judgment on the pleadings on the ground plaintiff Christen Bare untimely exhausted and filed her PAGA claim and the First Ame...

Excerpt: ...e driver of one vehicle with Ms. Hurtado as his front seat passenger. Defendant Moreno was the driver of the other vehicle with his brother and two friends as passengers. Defendant attempted to make a U‐turn from the number two lane when his vehicle came into contact with Plaintiffs' vehicle, which was in the number one lane. On January 4, 2019, the February 11, 2019, trial date was vacated. The Court ordered that pursuant to the parties' stipu...

Excerpt: ... causes of action: (1) FEHA age discrimination; (2) FEHA harassment; and (3) FEHA retaliation. Defendants demur to each cause of action on the grounds they fail to state facts sufficient to state a cause of action. Defendants also move to strike Plaintiff's claim for punitive damages. Defendants filed a single “demurrer and motion to strike” rather than a separate demurrer and a separate motion to strike. Accordingly, the Court addresses both...