Excerpt: ...ries, and to eliminate references to the Cal Worthington Trust (the “Trust”). Under section 436, the court may “[s]trike out any irrelevant, false, or improper matter inserted in any pleading” as well as “all or part of any pleading not drawn or filed in conformity with the laws of this state.” (Code Civ. Proc, § 436, subds. (a) and (b).) Defendants' motion to strike Plaintiff's claims for punitive damages is unopposed by Plaintiff a...

Excerpt: ...D and is GRANTED. No later than August 10, 2018, Plaintiffs shall serve further verified responses to Defendants' special interrogatories, set two, numbers 14‐16 and request for production of documents, set two, number 13. Sanctions are denied because the motions were not opposed. Although CRC 3.1348 (a) purports to authorize sanctions if a motion is unopposed, the Court declines to do so, as the specific statutes governing this discovery autho...

Excerpt: ...rangevale, California. Plaintiff filed her complaint for premises liability and general negligence on August 10, 2017. On March 27, 2018, this Court granted Defendant's motion to deem matters admitted due to Plaintiff's failure to respond to requests for admissions. Specifically, the following requests were deemed admitted: 1. Admit that there was no dangerous or defective condition on the subject premises at the time of the subject incident. 2. ...

Excerpt: ... issues. Defendants demur to Plaintiff's first, second, fourth, eighth, and ninth causes of actions on the grounds they fail to state facts sufficient to constitute a cause of action. (CCP § 430.10 (e).) Legal Standard The pleading rules applicable to demurrers are now familiar and well established. Pleadings are to be liberally construed. (Code Civ. Proc. § 452) A demurrer admits the truth of all material facts properly pled and the sole issue...

Excerpt: ...ff filed his original complaint on January 24, 2018, against Matheson Trucking, Inc. (“Matheson”), three of Matheson's related entities, and four individuals, Mark B. Matheson, Joshua Matheson, Charles J. Mellor, and Shirley Curran. Plaintiff filed his FAC on March 23, 2018, naming the same eight defendants and alleging 11 causes of action: (1) (Breach of Contract; (2) Breach of the Covenant of Good Faith and Fair Dealing; (3) Retaliation in ...

Excerpt: ...ord's (“Plaintiff”) First Amended Complaint (“FAC”) is ruled upon as follows. Defendants' request for judicial notice is granted. Plaintiff's request for judicial notice is granted. Plaintiff filed her FAC against Moving Defendants and alleging the following eight causes of action: (1) Breach of Contract; (2) Breach of the Covenant of Good Faith and Fair Dealing; (3) Retaliation in Violation of Labor Code § 1102.5; (4) Retaliation in Vio...

Excerpt: ...ion, and the original complaint ceases to have any effect either as a pleading or as a basis for judgment. Because there is but one complaint in a civil action, the filing of an amended complaint moots a motion directed to a prior complaint. Once an amended complaint is filed, it is error to determine a cause of action contained in a previous complaint. State Compensation Ins. Fund v. Superior Court, (2010) 184 Cal. App. 4th 1124, 1129‐1131. Th...

Excerpt: ...n the required format set forth in California Rule of Court, rule 3.1354. This action arises out of personal injuries Plaintiff sustained while performing yard work at Defendant's property located at 8951 River Road, Sacramento, California. Plaintiff was being paid $12 per hour to help her friend, defendant Karen Zehnder, clean up her rental property before it was rented. Plaintiff was doing some work raking up brush when an unlicensed tree t...

Excerpt: ... not consider the opposition since it was filed after the tentative ruling was prepared. This action arises from a levy on a bank account pursuant to a writ of execution in the underlying case of Northern California Collection Service, Inc. v. Theodoros Avdalas, et al., case number 34‐2014‐00164759. In the underlying action, judgment was entered for NCCS. NCCS then levied Plaintiff's bank account to satisfy the judgment. NCCS then filed an ac...

Excerpt: ...red and distributed by Defendant, suffers from widespread defects‐including Engine and Transmission Defects‐and that Defendant has been unable to repair the vehicle within a reasonable number of attempts. Plaintiff further alleges that Defendant knew that her vehicle suffered from the ongoing defects, which are widespread, but nevertheless refused to repurchase the vehicle‐a willful violation of the Song‐Beverly Consumer Warranty Act (...

Excerpt: ...nd 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, 2018, the Court (Judge De Alba) granted Mr. Fry's request to continue the trial date, but denie...

Excerpt: ...alties. Plaintiff's cause of action for wrongful termination in violation of public policy was dismissed after the District's demurrer. Plaintiff alleges that she was retaliated against after making complaints regarding health and safety problems in the preschool classroom where she worked as a teacher's assistant. In evaluating a motion for summary judgment or summary adjudication the court engages in a three step process. The Court first identi...

Excerpt: ...Defendants who were in his supervisory chain of command created false probationary reports indicating termination was imminent in retaliation for his raising concerns that he was given unnecessary work and being unnecessarily micromanaged and that taxpayer dollars were being wasted. He also claims that he raised numerous litigation strategy questions and raised issues regarding unethical, improper and unlawful conduct. He alleges that he was esse...

Excerpt: ... entitled to fees and costs under CCP § 1032 and Civil Code § 1717 as the prevailing party on the contract (Deed of Trust and Note). Here, there is no question that for purposes of CCP § 1032, Defendant is the prevailing party. CCP § 1032(a)(4) defines a prevailing party as a defendant in whose favor a dismissal was entered. Plaintiff dismissed this action against Defendant on April 23, 2018. Defendant is therefore entitled to costs as a matt...

Excerpt: ...iness locations in South Sacramento and Elk Grove. (Compl. ¶¶ 12, 13.) In exchange for business equipment, inventory, right to use Plaintiff's trade name and registered mark, and the business' goodwill, Pokeface agreed to pay $225,000 to Plaintiff. (Compl. ¶ 13.) Pokeface also agreed to assume responsibility for the leases at each business location. (Compl. ¶ 20.) Pokeface paid a total of $160,000 toward the purchase price and Plaintiff agree...

Excerpt: ...ies had an implied agreement for a joint venture pursuant to which Defendant asked Plaintiff if Plaintiff wanted to purchase and share a home with Defendant. Plaintiff alleged that they agreed to share expenses and invest in a home. Plaintiff alleges that Defendant obtained financing and promised to add Plaintiff to title. (SAC ¶¶ 2‐4.) Plaintiff alleged that they borrowed the $5000 for the home they purchased in April 2009 from Defendant's m...

Excerpt: ...f patients' bill of rights against defendants Plum Healthcare Group, LLC and Oleander Holdings, LLC dba Sacramento Post‐Acute (collectively, “Defendants”). Plaintiffs filed their First Amended Complaint on March 22, 2016. Defendants filed a petition to compel arbitration on February 18, 2016, which this Court denied on April 6, 2016. Defendants appealed this decision and this matter was stayed on June 7, 2016, pending resolution of the appe...

Excerpt: ...#34;lead case", was filed in 2015 against Labmor, Williams (a Canadian citizen), and other defendants. Defendant Aoraki (an Australian business) was added as a defendant through a Doe Amendment on August 11, 2015. The 2015 complaint alleges causes of action for Negligence and Strict Product Defect. The complaint alleges that on November 21, 2014, Plaintiff attended a marketing promotional event at Smith Flat House Restaurant in Placerville, C...

Excerpt: ...er was previously set for hearing on July 2, 2018. Plaintiffs failed to file an opposition in advance of the hearing, but filed an opposition on the date of the hearing. The Court continued the matter to allow the Court and counsel and opportunity to consider the late‐filed opposition and to allow Defendant McCarty to file a reply brief. The Court notes that the tentative ruling in advance of the July 2 hearing had sustained the demurrer on the...

Excerpt: ... pursuant to CCP 1005(b). No opposition was filed. The complaint was filed in October 2007, and default judgment was entered on March 30, 2009 for the amount of $22,722.61. The plaintiff filed a Application for Renewal of motion, bringing the amount of the judgment to $41,524.83. This motion followed. Defendant asks the court to vacate the renewal of the judgment pursuant to CCP 683.170 on the ground defendant never had knowledge of the case and ...

Excerpt: ...ly set for July 10, 2018. On June 19, 2018, Plaintiff appeared at an ex parte appointment requesting a stay. The Court granted an Order Shortening Time ("OST") setting the motion for July 10. No motion was ever filed for that date, so the tentative ruling for July 10 dropped the motion. A court which "drops" a motion is deleting a hearing on that motion from the court's calendar, and is not declaring the motion to be forever a...

Excerpt: ... 235, Carmichael California and the second examination by Dr. Williams shall take place that same day at 3:00 p.m. at the same location. In this personal injury action arising from a September 2016 accident, Plaintiff alleges that he was hit by a tractor trailer driven by C.R. England, Inc's employee Bernardo Raul Gutierrez, Jr. while he was crossing the street in his wheelchair. Plaintiff alleges multiple catastrophic injuries rendering him ...

Excerpt: ...tion of Business & Professions Code § 17200. Plaintiff alleges that Defendant owns psychiatric facilities and that non‐moving Defendants Okechukwu Nwangburkua and Iheoma Nwangburkua were owners, officers and managing agents. (Comp. ¶ 15.) Plaintiff alleged that he worked as the CEO and that as part of his employment agreement, in addition to his $150,000 salary, he was to be paid $36,000 per year for each additional facility that he opened or...

Excerpt: ...2016, in connection with his second accident, Plaintiff alleges he was instructed by Defendant 21st Century Insurance to tow his broken trailer to a body shop to obtain an estimate for the damage to Plaintiffs trailer and that during the drive, the trailer became detached, causing the trailer to run into Plaintiffs car. He also alleges that 21st Century owned, operated, serviced or maintained the vehicle. The only cause of action naming 21st Cent...

Excerpt: ...follows. Plaintiff's request for judicial notice is granted. This action stems from a relationship between Defendant and Hardial Singh Hunji (“Decedent”). Defendant alleges that she and Decedent were in a romantic partnership, whereas Plaintiff contends that Defendant was hired as a caregiver for Decedent. Decedent passed away on January 2, 2017. One month after Decedent's death, Plaintiff, as trustee of the Hardial Singh Hunji 1996 Trust (�...