Excerpt: ...mons. The Court essentially found that self‐represented Plaintiff Anna Tagintseva's proof of service stating that Defendant was personally served with the summons and complaint was not true. The Court found that the declarations submitted in connection with the opposition to the motion to quash were not credible. Defendant now seeks $1,500 in sanctions pursuant to CCP § 128.7. Here, despite the above, the motion must be denied for failure to c...

Excerpt: ...f here in numerous other pending lemon law cases between GM and other plaintiffs represented by the same firms involved on the instant motion. The Court has informed the parties that it expects them to engage in further meet and confer efforts to agree on a model protective order to be used in each Lemon Law action between the same counsel and involving the same issues. However, the Court is yet again faced with an identical motion due to the par...

Excerpt: ... Cause (“OSC”), the Court stayed the receivership through October 31, 2018, to give Mrs. McGuire the opportunity to remedy the Property's nuisance violations herself. For the reasons that follow, the Court will continue the stay until January 11, 2019. However, if Mrs. McGuire does not demonstrate concrete steps to remedy the Property's nuisance violations as detailed infra, the Court hereby gives notice that it shall entertain a motion to li...

Excerpt: ...is granted. In taking judicial notice of these documents, the Court accepts the fact of their existence, not the truth of their contents. (See Professional Engineers v. Dep't of Transp. (1997) 15 Cal.4th 543, 590 [judicial notice of findings of fact does not mean that those findings of fact are true]; Steed v. Department of Consumer Affairs (2012) 204 Cal.App.4th 112, 120‐121 [“[W]hile the existence of any document in a court file may be judi...

Excerpt: ...ctice in California since 2013, was hired as corporate counsel for PowerSchool. Plaintiff was employed from March 1, 2016, through March 8, 2018, at which time he resigned. PowerSchool provided Plaintiff with an Offer of Employment (the “Offer Letter”) on February 12, 2016. (LaPlante Decl. ¶ 5, Exh. A.) The Offer Letter included as a condition of employment that Plaintiff submit any disputes arising regarding his employment to binding arbitr...

Excerpt: ...construction of a street improvement project known as Old Florin Town Streetscape Improvement Project ‐ Prichard Road to Kinglsey Street (the “Project”). In short, the County is seeking to recover costs it paid to the contractor on the Project allegedly incurred to due defendant Florin County Water District's (the “District” or “Defendant”) delay in relocating its water facilities. The County alleges the District caused it to incur ...

Excerpt: ...ch 20, 2016. Plaintiff Carlene Metzler, decedent's daughter, alleges Dr. Balatbat caused a 30‐month delay between September 2012 and May 2015, in the diagnosis and treatment of decedent's lung cancer and this caused the progression of the cancer from a treatable “stage one” to an advanced “stage 4.” Specifically, Plaintiff alleges Dr. Balatbat failed to order follow‐up CT scans of decedent's lobe lung mass at the 6‐12 month mark and...

Excerpt: ...t Trust (collectively, “Defendants”): (1) a Trust Deed and Assignment of Rents, (2) a Foreclosure Cancellation Guaranty, and (3) a Note Secured by Deed of Trust. These documents were executed without the knowledge or consent of Ms. Barba. Therefore, Plaintiffs contends the documents are invalid and voidable. Plaintiffs filed their complaint on April 11, 2018, alleging causes of action for quiet title, breach of contract, declaratory relief, a...

Excerpt: ...suffered a cardiac arrest at 1201 K Street, Sacramento, California, that required the use of the Philips Heart Start Automated External Defibrillator, Model M5066A. Plaintiffs contend the defibrillator failed to properly work, causing a significant and harmful delay in providing necessary emergency services to Steven Leighty, resulting in his death on the way to the hospital. Cross‐Complainant CDA Rotunda is alleged to own and operate the premi...

Excerpt: ...ments, not contracts, are the subject of judicial notice on demurrer].) The court, however, does not accept the truth of any facts within the judicially noticed documents except to the extent such facts are beyond reasonable dispute. (See Poseidon Devel., 152 Cal.App.4th at 1117‐18.) see also Fontenot v. Wells Fargo Bank, N.A. (2011) 198 Cal.App.4th 256, 265 (“[A] court may take judicial notice of the fact of a document's recordation, the dat...

Excerpt: ...ProStar trucks (the “Trucks”), manufactured by Navistar, from dealer and co‐defendant Riverview International Trucks, LLC (“Riverview”). The facts are as follows. Joseph Chand (“Chand”) is a 50 percent owner and president of Plaintiff, as well as the decision making for purchasing Plaintiff's trucks. (UMF no. 1, 3.) In or around September 2012, Chand discussed purchasing the Trucks with Bassett. (UMF 4.) Bassett was the majority own...

Excerpt: ...smiss for failure to amend complaint within time permitted by the court is denied. CCP 581(f)(2) On September 4, 2018, the Court's tentative ruling was to sustain Defendants' Demurrer without leave to amend. However at the hearing Plaintiff had retained an attorney who requested one additional chance to amend the causes of action. The Court granted Plaintiff's request, and allowed Plaintiff ten days leave to amend the Complaint. The p...

Excerpt: ...t requests for admission that were served on Defendant. There were a total of 1,308 requests for admissions. On September 18, 2018, the Court denied Defendant's motion for reconsideration, which it construed as a motion to withdraw admissions pursuant to CCP § 2033.300 without prejudice for failure to offer any evidence showing excusable neglect that resulted in the requests for admission being deemed admitted. “The court may permit withdrawal...

Excerpt: ...property owner fails to comply with a notice and order issued by a local agency after having a reasonable opportunity to do so. Specifically, subdivision (c) authorizes this Court to appoint a receiver over the property if the property owner has failed to comply with a notice or order to repair issued by a local agency and the property continues to remain in substandard condition. The City claims that the subject property located at 3925 May Stre...

Excerpt: ...from September 5, 2018. Defendant has now filed a substantive opposition to the motion on September 17, 2018, and plaintiff has filed a reply on September 25, 2018. ORAL ARGUMENT WILL TAKE PLACE ON THIS TENTATIVE RULING ON OCTOBER 17, 2018. The Clerk shall fax a copy of the tentative ruling to the litigation coordinator on or before October 11. The litigation coordinator shall then provide the tentative ruling to plaintiff Brian Spears. Appearanc...

Excerpt: ...gh its subsidiary Sacramento Auto Insurance Center dba Cost‐U‐Less Insurance Center (“Cost‐U‐Less”), as a broker of insurance policies, allegedly engaged in the practice of issuing entirely new and superfluous policies when Plaintiffs only required a simple amendment to a previously issued policy in order to inflate broker fees. Plaintiff filed her initial complaint on August 14, 2014, on behalf of herself and a class of similarly sit...

Excerpt: ...d to withdraw as counsel of record. On September 14, 2018, the Court denied the motion as there was no return receipt form the certified mail showing tha the client was served with the motion at the address listed on the proof of service. (ROA 106.) Thereafter, Plaintiff's counsel filed a “Notice of Ruling” and served the notice on Plaintiff, indicating that the motion to withdraw had been granted. (ROA 107.) Plaintiff's counsel is hereby ord...

Excerpt: ...ration is denied. This motion purports to be a motion to compel "supplemental" responses, when it is actually appears to be a motion to compel further responses to discovery. The motion is confusing, fails to cite applicable authority, and contains contradictory statements. If plaintiff is contending that responses served were inadequate or in violation of a court order, the proper motion to file is a motion to compel further responses ac...

Excerpt: ...ants seek an examination by an orthopedic surgeon concerning plaintiff's claim of a disc injury that requires surgery and which she contends is a result of the subject accident. At the time of plaintiff's deposition in October of 2016, she testified that no doctor had told her that neck surgery would be necessary. On May 30, 2018, plaintiff's counsel told defense counsel that plaintiff's doctor stated she may need surgery for her ...

Excerpt: ...the Court accepts the fact of their existence, not the truth of their contents. Factual and Procedural Background This action arises from the employment by Trifecta of plaintiff Cooper Scott Thornton and Jodi Charter. Mr. Thornton was hired on June 23, 2016, as a Customer Experience Manager. On or around June 25, 2016, Mr. Thornton signed his Agreement for Employment and a separate Arbitration Agreement. (Mr. Connolly Decl. ¶ 6, Exhs. C, D.) Ms....

Excerpt: ...from Defendant at 8005 Sunset Avenue in Fair Oaks, California. In July, 2010, a default judgment was obtained against Defendant for the amount of $75,000 for each plaintiff, for a total of $150,000 at a default prove‐up hearing before the Hon. Kevin R. Culhane (the “Judgment”). (ROA 69 ["This cause came on for hearing on July 14, 2010 before the Honorable Kevin Culhane, Judge presiding in Department 53 of the above‐entitled court, Lyl...

Excerpt: ...epartment of Transportation (“DOT”) and driven by DOT's employee, Mr. Casey Carrol Simonsen (“Mr. Simonsen”). (Arnold Decl. ¶ 4.) Plaintiff has alleged injuries due to the collision. (Ibid.) Plaintiff filed a government claim on June 9, 2017. (Declaration of Carol A. Wieckowski (“Wieckowski Decl.”) ¶ 3, Exh. A.) On June 15, 2017, the County of Sacramento mailed Plaintiff a Notice of Insufficiency of Claim, refusing to accept the cla...

Excerpt: ...tending that he damaged their vehicle when he hit it while riding his motorcycle. Cross‐complainants had stopped to avoid hitting a police vehicle and Gutierrez then collided with cross‐defendants. Almost three years later, on June 22, 2018, the summons and cross‐complaint were mailed to Plaintiff's counsel's office. Adding five days for mailing, the Answer was due on or before July 27, 2018. Default was entered only one week later ...

Excerpt: ...in the court on‐line filing system, CCMS. On November 25, 2015, plaintiff filed suit against defendants for damages arising out of his employment by defendants, contending they failed to pay him minimum wage and overtime. Plaintiff was employed by defendants as a caregiver in their commercial residential care facility for children with developmental disabilities. After mediation, the parties signed a stipulation for entry of judgment on April 2...

Excerpt: ...suant to Cal. Code of Civil Procedure section 1033.5(a)(10), Cal. Code of Civil Code sections 1717 and 5975, and 42 U.S.C. 1988 in the amount of $35,000.00. The motion is made on the basis that Locke is the prevailing party on the appeal filed November 28, 2016 by Defendant Martha Esch in Appeal Case No. C082055. The 3rd District Court of Appeal entered a remittitur on August 7, 2018 after dismissing the appeal. The remittitur specifies that the ...