Excerpt: ...and others. Plaintiff Farhad Hojatoleslami and Defendant Fatemeh are brother and sister. Plaintiffs allege that in February 2000, Plaintiff Farhad Hojatoleslami entered into an oral agreement with Defendants to form a company using funds from his property in Novato (“Novato Property”) to purchase three lots in Fair Oaks (“Fair Oaks Property”). According to the alleged agreement, Plaintiff Farhad Hojatoleslami worked in Defendants' gas sta...

Excerpt: ...LLC (2013) 2013 Cal.App.4th 772, "we know of no 'official Web site' provision for judicial notice in California." (See L.B. Research & Education Foundation v. UCLA Foundation (2005) 130 Cal.App.4th 171, 180, fn. 2.) "Simply because information is on the Internet does not mean that it is not reasonably subject to dispute." (Huitt v. Southern California Gas Co. (2010) 188 Cal.App.4th 1586, 1605, fn. 10.) In this elder abuse ...

Excerpt: ... Redacted versions of the summary judgment and the supporting documents were filed on November 6, 2018. (ROAs 24‐26) The redacted information contains Plaintiff's medical information. The redactions are narrowly tailored to only encompass that information. In order to issue the requested order, the Court must find that there is an overriding interest to support the sealing of these records; that there is a substantial probability that the parti...

Excerpt: ... before November 1, 2012. (See Second Amended Notice of Motion to Strike, Items 1 ‐ 15) Raley's contends any adverse action that occurred before that date is outside the limitations period for filing a FEHA complaint. A motion to strike may be used to attack any part of a pleading‐even single words or phrases‐ that are "irrelevant, false or improper" or "not drawn or filed in conformity with the laws of this state, a court r...

Excerpt: ... court costs to be determined by the Court upon noticed motion.” By this motion, Plaintiff seeks $39,015 in fees, representing approximately 76.5 hours of attorney time at the hourly rate of $510. Civil Code § 1794(d) provides that a prevailing buyer is entitled to recover "costs and expenses, including attorney's fees based on actual time expended, determined by the court to have been reasonably incurred by the buyer in connection wit...

Excerpt: ...received the motion. In this personal injury action, Defendants seek an order requiring Plaintiff Joseph Mercado to submit to a second IME. Plaintiff underwent an initial IME on April 26, 2016 with Dr. Edward Younger, M.D., an orthopedist. Plaintiff complains of various injuries: left knee strain, lumbar sprain/strain; cervical degenerative disease; left shoulder pain; testicular pain; left hand pain; shaking in his hand and arm; and left tibia p...

Excerpt: ...lly sought a two week leave of absence starting July 1, 2016 to recover from major knee surgery. On July 8 plaintiff sent Hertz an email requesting an extension of the leave of absence until October 1 or "until further notice." Defendant told her that they could not hold her position open for three months, and plaintiff was terminated effective August 12, 2016. Plaintiff contends defendant 's "Medical Leaves Policy" is discrim...

Excerpt: ...ed to appear for his deposition on June 11, 2018 in violation of a court order, and has failed to comply with two prior court orders requiring him to serve responses to written discovery. (See Declaration of Jansen, Ex. A, Minute order of April 24, 2018 ordering defendant to appear for his deposition and awarding sanctions in the amount of $860, Ex. B Third Amended Notice setting deposition for June 11, 2018, Ex. C Order of February 6, 2018 order...

Excerpt: ... The Court recognizes that plaintiff is self‐represented and no doubt has little or no legal training. However, self‐represented litigants required to follow the procedural rules that govern civil litigation. McComber v. Wells (1999) 72 Cal.App.4th 512, 522‐523. A party representing himself is to be treated like any other party and is entitled to the same, but no greater, consideration than other litigants and attorneys. Nwosu v. Uba (2004)...

Excerpt: ...done so. Smart Choice initiated this action when it filed its complaint arising out of a dispute regarding a home improvement contract with Mr. Shaw. Mr. Shaw initially filed a cross ‐complaint for breach of contract, negligence and fraud. The cross‐complaint has been amended numerous times after Mr. Shaw obtained leave to amend from the Court and when the parties stipulated to allow an amended cross‐complaint to be filed. Smart Choice now ...

Excerpt: ...errero. Judgment was entered on May 31, 2018. While the notice of motion does not set forth a specific basis for the motion (e.g. does not specifically cite CCP § 473), Plaintiff indicates in her memorandum of points and authorities that she moves to set aside the judgment pursuant to CCP § 473(b) on the basis that the CCP § 998 offer was withdrawn before Defendants accepted the offer. Alternatively, Plaintiff argues that if the offer was not ...

Excerpt: ...vice attached to the motion states that it was served on May 26, 2018, this is impossible because the motion references Plaintiff's discovery responses which were served on June 12, 2018, more than two weeks later. The Court would note that the motion itself is not dated and it is not clear when it was actually served as the Court's copy does not contain a dated proof of service. While service does appear to be untimely, Plaintiff was nevertheles...

Excerpt: ...rior to that time, Plaintiff's deposition had been noticed six times and Plaintiff had either failed to appear or the deposition had been rescheduled at the request of Plaintiff's counsel. Plaintiff was ordered to appear for her deposition no later than August 28, 2017. Anchor General's and Defendants' counsel again appeared for the August 28, 2017 deposition and Plaintiff again failed to appear. On October 17, 2017, the Court granted Anchor Gene...

Excerpt: ...e amount to be paid in the settlement; (3) the proposed allocation of the settlement proceeds; (4) a recognition that the settling parties should pay less in settlement than if they were found to be liable after trial; (5) the financial condition of the settling parties, and the insurance policy limits, if any; and (6) the existence of collusion, fraud or tortious conduct aimed to injure the interests of the non‐settling defendants. (Tech‐Bil...

Excerpt: ...1788.17 is granted. This action arises out of debt collection efforts by Defendant. Plaintiff alleges that defendant violated the Rosenthal Fair Debt Collection Practices Act, Civil Code section 1812.700(a). In this Court's February 9, 2018 order granting NES' motion for summary judgment against Mr. Wiegand, the court found that NES "cured" the alleged type‐size violation as to Mr. Wiegand pursuant to the cure provision in Civil...

Excerpt: ...018, the Court entered an Order granting preliminary approval of class action settlement, thereby preliminarily approving the terms of the settlement, certifying the class for purposes of settlement only, appointing Plaintiff as class representative, appointing Plaintiff's counsel as class counsel, and preliminarily approving Phoenix Settlement Administrators as the settlement administrator. By this motion, the parties now seek final approval of:...

Excerpt: ... having been a resident of the facility for ten years. The trial date is now February of 2019. Plaintiff's motion is accompanied by four separate statements for the following depositions/documents: 1. Deposition of Heidi Capela (PMQ re document categories No. 5 Rupp Weekly Reports, No. 6 and 7 documents transmitted to and from deponent regarding Windsor El Camino or Thomas Knowles, No. 8 and 9 documents transmitted to or from Jane Rupp regard...

Excerpt: ...efendant Douglas Clark Washburn. Washburn testified at his deposition in May 2018 that he started drinking mimosas on the morning of the collision and had consumed three 12 oz glasses before getting in his vehicle. Washburn was arrested after the high impact collision after having lied to the police about whether he had been drinking. Washburn tested at an alcohol level of .16, twice the legal limit. These facts are sufficient at the pleading sta...

Excerpt: ...fendants indicate that they were never served with the summons and complaint. They also indicate that the declaration in support of the application for entry of default and default judgment filed on January 21, 2016 contains a proof of service executed by self‐represented Plaintiff. On May 22, 2018, Defendants received a document titled “Plaintiff's Notice of Motion to Set a Later Date to Continue Civil Case Based on Incarceration of Plaintif...

Excerpt: ...suant to CCP § 473(b). Plaintiff's counsel declares that after default and default judgment was entered, Plaintiff received notification that Defendant asserted a claim of fraud with respect to the subject account. Plaintiff eventually confirmed that Defendant's account was opened and/or used fraudulently. Plaintiff now seeks to set aside the default and default judgment entered against Defendant and to dismiss the matter with prejudice. Here, t...

Excerpt: ...nd, Inc's employee Bernardo Raul Gutierrez, Jr. while he was crossing the street in his wheelchair. Plaintiff alleges causes of action for negligence against Defendant Gutierrez and negligent supervision and negligent entrustment against Defendant C.R. England. C.R. England has admitted that Defendant Gutierrez was acting in the course and scope of his employment at the time of the incident. At issue on the instant motion are the deposition notic...

Excerpt: ...ad a cause of action for Violation of the SongBeverly Consumer Warranty Act and allege that Defendant breached express and implied warranties. Plaintiffs allege that the vehicle was delivered to them with serious defects and nonconformities to warranty including various transmission, engine, HVAC and electrical defects. Kia seeks to strike paragraphs 14, 18, and portions of paragraph 17 (Plaintiffs' implied warranty claim). An issue of law may be...

Excerpt: ...ch was not properly secured by defendant Golden State Towing, LLC, slipped, injuring Plaintiff. On November 10, 2016, Plaintiff was driving his vehicle when defendants James R. Faulk and Shirley A. Faulk pulled into his lane and collided with his vehicle. Finally, on October 19, 2016, Plaintiff was driving his vehicle when uninsured motorist Connor Biehler turned into the side of Plaintiff's vehicle. The original Complaint was filed by Plaintiff'...

Excerpt: ... January 26, 2018. Plaintiff's request for judicial notice of these two Court Orders is granted. On December 6, 2017, this Court granted Plaintiff's unopposed motion to compel Opposing Defendants to serve verified responses to Plaintiff's Form Interrogatories, Set One, 4.1(e) on or before December 18, 2017. On January 26, 2018, this Court granted Plaintiff's unopposed motion for sanctions, imposing monetary sanctions of $1,035 on Opposing Defenda...

Excerpt: ...artment 53 of the Sacramento County Superior Court is 813 6th Street, Sacramento, California 95814. Defendants shall notify Plaintiff immediately. The notice of motion does not provide notice of the Court's tentative ruling system as required by Local Rule 1.06(D). Defendants are 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 with...