Excerpt: ...he truth of their contents. (Herrera v. Deutsche Bank Nat'l Trust Co. (2011) 196 Cal.App.4th 1366, 1375.) In this wrongful foreclosure action, plaintiff Tatyana Krivoshey (“Tatyana”) obtained a loan from America's Wholesale Lender (“AWL”) in the amount of $277,600 (the “Loan”), and a deed of trust secured by the property was recorded on February 28, 2005 (“DOT”). (FAC ¶ 153.) Mortgage Electronic System, Inc. (“MERS”) was the ...

Excerpt: ...iff's default on a mortgage loan and deed of trust. On or about July 11, 2007, plaintiff financed the real property commonly known as 9910 Pringle Avenue, Galt, CA 95632 ("Subject Property"). Plaintiff asserts that defendant did not comply with Civil Code section 2923.5. The other grounds asserted by plaintiff in her motion are not addressed in this ruling as the court did not find sufficient evidence to issue an OSC on those grounds....

Excerpt: ... basic facts necessary to establish a Lemon Law claim including ownership and manufacturing of the vehicle, offers to repurchase as well as other topics. Defendant served the following identical objection to each request: Objection as vague, ambiguous, irrelevant and not calculated to lead to the discovery of admissible evidence. MBUSA has already offered to repurchase the subject vehicle. Further, Plaintiff has served a C.C.P. § 998 offer of th...

Excerpt: ...e employees should be free to report waste, fraud, abuse of authority, violation of law, or threat to public health without fear of retribution. A state employee, who suffers an intentional act of reprisal, retaliation, or threat for the purpose of interfering with protected conduct may file a civil action for damages against the offending party, providing that the employee first files a complaint setting forth the alleged acts of retaliation wit...

Excerpt: ...s involved Defendants Kelly Priley and Anthony Priley. Plaintiff Barry Murakami filed this lawsuit in January 2018. On April 6, 2018, Defendants Kelly and Anthony Priley filed a General Denial. Defendants Vang and Xiong filed their Answer and a Cross‐Complaint against Defendants Mendez and Bradford on April 16, 2018. On May 7, 2018 and May 10, 2018, Plaintiff Murakami filed Doe Amendments as to Mendez and Bradford, Respectively. On June 4, 2018...

Excerpt: ...7‐1118; see also Startford Irrig. Dist. v. Empire Water Co. (1941) 44 Cal.App.2d 61, 68.) The Court, however, does not accept the truth of any facts within the judicially noticed documents, only the existence thereof. FACTS In August 2015, Plaintiffs obtained a mortgage loan from Paramount Equity Mortgage, secured by a Deed of Trust recorded against the property. An Assignment of Deed of Trust was recorded in March 2016 to memorialize the trans...

Excerpt: ...us types, personal items and a Winnebago. Plaintiff stored other personal property in a storage unit rented by Defendants, with Defendants' permission. The relationship between Plaintiff and Defendants is unclear. Plaintiff alleges that in February 2018, he left his residence at 650 Pinedale Avenue in Sacramento due to “the violence of Kirsten Charlton‐Rosa.” Plaintiff demanded his property at the time he left the residence. Plaintiff was l...

Excerpt: ...��Defendant”) failure to provide accurate wage statements. Specifically, the wage statements failed to set forth “Stay Safe Staffing, Inc.” and/or its address. Plaintiff's Second Amended Complaint (“SAC”) alleged violations of the Labor Code for the alleged failure to pay all wages due, issue accurate itemized wage statements, and other claims against Defendant and Horizon Personnel Services, Inc. (“HSPI”) On April 5, 2016, Plaintif...

Excerpt: ...wners of 31 single‐family homes in the Aspen Village Development in Sacramento, California. Meritage is a residential homebuilder whom Plaintiffs allege is responsible for a variety of construction defects. Plaintiffs filed their FAC on May 14, 2018, alleging twelve causes of action against Meritage and various doe defendants. Meritage demurs to Plaintiffs' causes of action for breach of contract (first), nuisance (sixth), breach of purchase co...

Excerpt: .... The LLC filed the declaration as ordered. The Court finds the declaration meets the requirements of section 430.41, and indicates the parties failed to remedy any of the issues raised by the demurrer. Plaintiffs filed the FAC on May 11, 2018, alleging causes of action for breach of contract, dissolution of partnership, and partition and accounting against the LLC and co‐defendants Allie Chen (“Ms. Chen”) and Guozhong Chen (“Mr. Chen”)...

Excerpt: ... Plaintiff had created a triable issue of material fact as to various purported UMFs offered by Dr. Lee in support of his motion. Dr. Lee now moves for reconsideration of that order. Dr. Lee moves on the grounds that “newly obtained” deposition testimony from Plaintiff's expert witness, Dr. Mirza on June 4, 2018, and Plaintiff's expert witness Dr. Lachs on June 11, 2018, confirms Dr. Lee was not a “care custodian.” First, there are strict...

Excerpt: ... arena. From February 2015 to September 11, 2015, Plaintiff worked as an apprentice. Plaintiff alleges that during that time, foreman Josh Taylor harassed Plaintiff due to his race (African‐American) and that when Plaintiff complained, nothing was done. Plaintiff also alleges he sustained a workers' compensation injury to his left knee, and that when he reported the injury to his supervisor to discuss his need for time off, he was terminated. P...

Excerpt: ...ounsel shall meet and confer and inform the Department 53 clerk of their request for a different, subsequent date. Factual and Procedural Background This case involves allegations against six skilled nursing facilities (Cathedral Pioneer Church Homes II, Congregational Church Retirement Community, Bixby Knolls Towers, Inc., Gold Country Health Center, Mayflower Gardens Health Facilities, Inc., and Stockton Congregational Homes, Inc.), the real pr...

Excerpt: ...arty shall inform the court clerk forthwith. Plaintiff served three sets of requests for admission on the defendant. No responses were served within 30 days of the service of each separate request. In opposition, defendant contends that the number of Requests for Admissions is excessive and that the Declaration of Finnerty served with each request does not justify serving more than 35 requests for admissions. However, any objections that defendan...

Excerpt: ... negligence; (2) negligent hiring, training, and/or retention of an unfit employee; (3) negligent supervision; (4) invasion of privacy; (5) intentional infliction of emotional distress; (6) negligent infliction of emotional distress; (7) sexual harassment; (8) stalking; and (9) assault. She asserts causes of action 1, 2, 3, and 6 against the Center for Psychiatry on a theory of direct liability. She asserts causes of action 4, 5, 7, 8, and 9 agai...

Excerpt: ... Damages is unopposed, taken as a concession to the merits, and is granted, with leave to amend. This action stems from a May 2013 encounter between Plaintiff and non‐demurring defendant Cal Force Security employees Christopher Peterson and Aaron Asley. Plaintiff alleges that he was ordered by the security guards to leave an AM/PM store and was followed by the guards to a Food Source store. He alleges that he was ambushed and tased with electri...

Excerpt: ... only the legal sufficiency of a complaint, not the truth or the accuracy of its factual allegations or the plaintiff's ability to prove those allegations. (Ball v. GTE Mobilnet of California (2000) 81 Cal.App.4th 529, 534‐35.) Defendant's Request for Judicial Notice is unopposed and is granted. In the instant matter, Defendant requests judicial notice of briefs filed in former proceedings raising the same issues, as well as the decisions o...

Excerpt: ...ff sets forth a single cause of action for penalties pursuant to PAGA based on numerous alleged Labor Code violations. Defendants move to compel arbitration pursuant to an arbitration provision executed by Plaintiff in connection with her employment. The provision provides that in the event of dispute between Plaintiff and the Company both parties agree to “submit such dispute, claim or controversy to final and binding arbitration, including, b...

Excerpt: ...the Court's May 18, 2017 order enforcing the SPO. The parties entered into the SPO to cover financial information that the Defendants were required to produce. Pursuant to the SPO, Defendants were to provide personal and business tax transcripts, declarations identifying all personal and business bank accounts, and signed authorization to release all bank records from 2009 to present. Plaintiff filed a motion to compel compliance with the SPO whi...

Excerpt: ...o) and request for production (set three). Special Interrogatories The motion is granted. These interrogatories requested information related to payments made for medical services related to the subject incident, medical liens, and the amount plaintiff currently owes for medical expenses related to the subject incident. Plaintiff's response to each interrogatory was the same: “Objection. Collateral source rule. Without waiving the objection, se...

Excerpt: ...endants, and alleges that these defendants are part of a joint enterprise that owned and/or operated 11 gasoline service stations in six counties across northern California in violation of the rules and regulations of the State's Underground Storage Tank (UST) Program. This case was designated complex by Judge Alan Perkins on July 15, 2015. Plaintiff seeks terminating sanctions against Defendants Azad Amiri, Haleh Amiri, Nasrin Amiri, Dilpal Sing...

Excerpt: ... to file a brief in excess of 10 pages as required by CRC 3.1113(e). The Court therefore has the discretion to treat the reply brief as a late filed brief pursuant to CRC 3.1113(g). However, the Court considered the brief despite Plaintiffs' lack of compliance. The Court would note that the reply brief reads almost entirely like a new motion and varies greatly from the initial papers that Plaintiffs filed. This action relates to the South Canal D...

Excerpt: ... Inc. w. Wood (1989) 217 Cal.App.3d 200, 209, fn.4; see also Hines v. Lukes (2008) 167 Cal.App.4th 1174, 1182‐83.) Judgment may be entered under section 664.6 whether the parties are complying with the terms of the agreement or whether they are not. (Viejo Bancorp, 217 Cal.App.3d at 209, fn.4.) By enacting Code of Civil Procedure section 664.6 in 1981 (Stats. 1981, ch. 904, § 2, p. 3437), the Legislature endorsed the nonstatutory speaking moti...

Excerpt: ...rom 1976‐1978. Plaintiff attempted to serve Verdant Vales Foundation by serving non party Mackenroth, who, during the 1970s was a director and President of Verdant Vales School and assisted in drafting the articles of incorporation and amendments thereto in 1974 and 1977 when his children were attending the school. (See documents attached to opposition as exhibits to the Declaration of Katrina M. Yu.) Mackenroth states that he is not an agent f...

Excerpt: ...while he was crossing El Camino Boulevard as a pedestrian in a wheelchair. Gutierrez was employed by CR England, Inc at the time of the accident. Plaintiff issued deposition subpoenas for documents from the United States Department of Transportation and the California Department of Transportation. The subpoenas seek "Any and all documents, records, videos, photos, recordings, printouts and other business records of any kind that relate or ref...