Excerpt: ... 4:00 p.m on August 24, 2018, to notify the clerk of the new date. The clerk is instructed to forthwith fax this tentative ruling to the litigation coordinator. The litigation coordinator for Plaintiff Crosby shall arrange for a court call for the required appearance on August 27, 2018. Mr. Crosby shall be available by COURTCALL, to participate in oral arguments. Defendants Yulanda Mynhier and R. Steven Tharratt's (collectively, “Defendants”)...

Excerpt: ...ering, cooling system and brakes, Plaintiff seeks to compel Defendant to provide full and complete responses to certain requests for production (set one). Requests nos. 11, 23 ‐27, 32‐35, 40‐43, 48‐51, 64, 73, 82, and 91 relate to Defendant's investigations and analysis regarding the defects. Requests 10, 14, 15, 101‐106, and 119 relate to Defendant's warranty and repurchase policies. Defendant interposed numerous objections to the requ...

Excerpt: ...‐and‐hour misclassification action, Plaintiff, a licensed dentist, alleges he was improperly classified as an exempt employee. Plaintiff alleges causes of action for failure to pay overtime, failure to pay piece‐rate wages, failure to pay all wages upon termination, failure to provide meal and rest periods, violation of Business & Professions Code section 17200 et seq., conversion, and declaratory relief. Plaintiff now moves to compel furth...

Excerpt: ...��beam guard rails on various sections of roadway. Plaintiff filed its form complaint on August 11, 2016, alleging two causes of action for breach of contract and two causes of action for common counts. Plaintiff alleges Defendant failed to make payment to it within 30 days of its final invoices for the two jobs, job numbers 06‐0H2504 (“Contract 1”) and 07 ‐266404 (“Contract 2”). Defendant moves for summary judgment on the ground that...

Excerpt: ...ed and Plaintiff has withdrawn Dr. Hwang as a non‐retained expert. Both parties designated Dr. Hwang as a treating non‐ retained expert in June of 2018. (Simerly Decl., Exhs. B, C.) On June 29, 2018, Defendant noticed Dr. Hwang's deposition for July 9, 2018, the last date to complete non‐expert discovery. (Simerly Decl., Exh. D.) Dr. Hwang's office then informed Defendant that Dr. Hwang was not available on July 9, but would be available on...

Excerpt: ...aintiff filed her FAC on May 29, 2018, alleging the following seven causes of action: (1) race discrimination (FEHA); (2) gender discrimination (FEHA); (3) retaliation (FEHA); (4) aiding and abetting (FEHA); (5) harassment (FEHA); (6) failure to prevent harassment, discrimination, and retaliation (FEHA); and (7) IIED. Defendant demurs to the entire FAC on the grounds it is uncertain. Defendant also demurs to each cause of action on the ground tha...

Excerpt: ...4, 2018. Defendant EMSA has never been served with the summons and complaint. Defendant contends that the Court scheduled a case management conference for September 21, 2017 and ordered Plaintiff to appear and show cause why the case was not proceeding to trial. The Court continued the case management conference and hearing on order to show cause several times. EMSA did not appear. Counsel for defendant states Plaintiff's counsel Michael Oppe...

Excerpt: ...filed a motion to change venue. David Moon, A Partnership, was not a moving party on that motion and therefore had not made a general appearance. After the motion to change venue was denied without prejudice for lack of proper notice, plaintiff requested a default against David Moon, a Partnership. The clerk entered the default of the partnership on July 6, 2018. The Request for Entry of Default as to David Moon, a Partnership, was not improper. ...

Excerpt: ...le, by COURTCALL, to participate in oral argument on the continuance date. Defendant Yulanda Mynhier and R. Stephen Tharatt M.D.'s Demurrer to the 1st amended complaint is unopposed, taken as a concession to the merits, and is sustained without leave to amend for failure to state facts sufficient to constitute a cause of action. The Court previously sustained the demurrer to the Original Complaint, with leave to amend. The defects have not be...

Excerpt: ...lid cause of action, fails to state facts sufficient to constitute any cause of action against these demurring parties, and is uncertain. Moving parties ("Alley") inherited the property located at 702 Sutter Street in Folsom, California, ("the premises") that was being leased by Hacienda Del Rio, Inc. pursuant to a commercial lease agreement. Defendants became Plaintiffs' landlord under the lease. (SAC, ¶ 8.) On March 23, 201...

Excerpt: ...ule 1.06(D). Counsel for Plaintiff is directed to contact defense counsel forthwith and advise of Local Rule 1.06 and the Court's tentative ruling procedure. If counsel for moving party is unable to contact the other counsel prior to the hearing, counsel for Plaintiff shall be available at the hearing, in person or by telephone, in the event any party appears without following the procedures set forth in Local Rule 1.06(B). Through this motion, P...

Excerpt: ...iff's minor daughter was a passenger in her vehicle at the time of the accident and is also a named Plaintiff. The Court appointed Plaintiff as her daughter's guardian ad litem on May 19, 2016. Plaintiff was represented by counsel until counsel's motion to be relieved was granted on February 1, 2018. The trial in this matter was originally set for January 8, 2018, then continued to February 26, 2018. After Plaintiff's counsel withdrew, th...

Excerpt: ...set one, is GRANTED in part and DENIED in part. This is an elder abuse action arising out of plaintiff Barbara Lovenstein's residency at Defendants' Eskaton Fountainwood Lodge residential care facility. Plaintiffs allege that Ms. Lovenstein was improperly administered medication that resulted in her death on April 11, 2012. Robin Hutcheson, as successor in interest on behalf of Lovenstein, and Charles, sued defendants. In their first amen...

Excerpt: ...rtin Luther King Jr. Village Apartments located at 3900 47th Avenue in Sacramento, California (the "MLK Village"). (FAC ¶ 6.) As the property owner, Mercy Housing California XXVI, LP has no staff or employees on the property and is not involved in the MLK Village's day‐to‐day operations. Instead, Mercy Housing California XXVI, LP contracts with: (1) Mercy Housing Management Group, Inc. to provide property management services at t...

Excerpt: ...ember 23, 2003, Plaintiff Oleg Beknazarov ("Plaintiff') and non‐party Irina But obtained a loan in the amount of $148,000.00 ("the Loan"), the repayment of which was secured by a Deed of Trust ("Deed of Trust") recorded against certain real property located at 7716 Rudyard Circle, Antelope, California 95843. Plaintiff alleges that Fay Servicing, the current servicer since May of 2018, is violating the Homeowner's Bil...

Excerpt: ...ewing DOC contracts with third parties. (Id., 5.) In or around August 2015, DOC entered into a consulting contract with Alexan International, Inc., an information technology contractor specializing in database architecture. (Id., 8.) Alexan recommended a software system created and owned by the Ground Water Protection Council (GWPC), a nonprofit composed of state agencies regulating ground water within their respective states. (Id., 9.) At that t...

Excerpt: ...n drainage fees collected by the City. The City entered into drainage agreements with development companies Alleghany and defendant Beazer Homes Holding Corp. (“Beazer”) in connection with their work on common drainage facilities, which entitled either or both of them to reimbursement of their construction costs. Beazer and Alleghany are the only claimants to the Fund. The City has been discharged from the action. On December 9, 2009, the Cou...

Excerpt: ...gically resulted in Chris Yuan's death (“Decedent”). The Decedent's family and friends brought this suit against the Legends and its property management company, Jalson Col. Inc. dba Gerson Baker & Associates (together, “GBA”), JAD, and others. Legends and GBA filed a CrossComplaint against several parties, including JAD. In relevant part, the CrossComplaint alleges a cause of action against JAD for express indemnity. (Walker Decl. Ex. A....

Excerpt: ...t, a “bare bones” motion which sets forth the ground of good faith, accompanied by a declaration which sets forth a brief background of the case is sufficient. City of Grand Terrace v. Superior Court (1987) 192 Cal. App. 3d 1251, 1261 On August 2, 2018, a "Notice of Settlement of Entire Case" was filed with the court. Nonetheless, it is a "conditional settlement." The court would further note the pending stipulation and order ...

Excerpt: ...o the medical battery cause of action. Defendant moves to strike allegations in the Second Amended Complaint (“SAC”) that assert or imply Defendant's actions were sexual in nature. Specifically, Defendant moves to strike the following: 1) All usage of the phrase "grab, grope, fondle, caress, physically touch, hold, and handle" (SAC ¶¶1, 8, 13, 14, 15, 16, 21, 22); 2) All usage of the word "sexually” (SAC ¶¶ 17, 27, 30, 32); ...

Excerpt: ...a VSS Emultech's (“Plaintiff”) request for judicial notice is GRANTED. Plaintiff filed its original complaint on March 12, 2018. Defendants demurred to the complaint and the Court sustained the demurrer with leave to amend. Plaintiff filed its First Amended Complaint on April 16, 2018. Defendants demurred again on the grounds that the claims are barred by the applicable statute of limitations set forth in CCP § 335.1. The Court sustained the...

Excerpt: ...ty is by an easement that runs through Defendant's property. Plaintiffs allege that Defendants often have guests over who block Plaintiffs' access to their property, but that Defendant refuses to remedy the situation. Plaintiffs further allege that Defendant has repeatedly filed false complaints against Plaintiffs with the Sacramento Sheriff's Department, and that during one altercation between Defendant and Debora Kirkwood, Defendant ran over Ms...

Excerpt: ... into a school bus, causing the bus to roll over. Plaintiff Gerald Austin, Sr. was serving as an attendant on the bus at the time of the collision and was injured. Plaintiffs filed their original complaint on August 2, 2017, alleging motor vehicle and general negligence. Plaintiffs filed their First Amended Complaint on October 19, 2017, alleging motor vehicle, general negligence, and loss of consortium. The Court consolidated Plaintiffs' case wi...

Excerpt: ...eging six causes of action against Defendant. Plaintiff filed her First Amended Complaint (“FAC”) on January 2, 2018, alleging eight causes of action against Defendant. The parties stipulated to allow Plaintiff leave to file the SAC, which is the subject of this instant motion. Plaintiff filed the SAC on May 31, 2018, alleging the following eight causes of action against Defendant: (1) violation of the Fair Pay Act (Equal Pay Act) based on se...

Excerpt: ... 4:00 p.m on August 24, 2018, to notify the clerk of the new date. The clerk is instructed to forthwith fax this tentative ruling to the litigation coordinator. The litigation coordinator for Plaintiff Crosby shall arrange for a court call for the required appearance on August 27, 2018. Mr. Crosby shall be available by COURTCALL, to participate in oral arguments. Defendants Yulanda Mynhier and R. Steven Tharratt's (collectively, “Defendants”)...