Excerpt: ...cluding defects affecting the engine (“Engine Defects”), Plaintiff seeks to compel Defendant to provide full and complete responses to certain requests for production. Requests Nos. 1, 10, 18, and 20‐ 25 relate to Defendant's investigation and analysis regarding the defects. Requests Nos. 7, 32, 37, 39‐42, 46, 54, and 59 relate to Defendant's warranty and repurchase policies. Defendant interposed numerous objections to the requests for pr...

Excerpt: ...on owed as a managing member of Track 7. Ryan Graham and Geoff Scott were the original managing members of Track 7. Geoff Scott resigned as managing member of Track 7 on September 19, 2018, and had ceased being an employee of Track 7 prior to that time. The original Complaint filed February 19, 2019, alleged that beginning in September 2016, concerns regarding the workplace behavior and work environment created by defendant Ryan Graham began to s...

Excerpt: ...he defendant. As defendant filed a reply, the court is considering plaintiff's correspondence because this is a dispositive motion. Defendant's Request for Judicial Notice is granted. Self‐represented incarcerated Plaintiff filed a Complaint against the State of California Department of Corrections and Rehabilitation (CDCR) for personal injuries while incarcerated at Old Folsom State Prison (Folsom). Plaintiff alleges he slipped on a bl...

Excerpt: ...e and thus fails to state facts sufficient to constitute a cause of action, and that it is barred by the applicable Statute of Limitations. (Code of Civ. Proc. § 338, subd. (d).) In July 2013, Plaintiffs purchased a 2014 Chevrolet Cruze, GM is alleged to have known, since 2013, if not earlier, that the 2.0L turbo diesel engine, installed in 2014 Chevrolet Cruze vehicles (hereinafter "Chevy Vehicles") contained one or more design and/or m...

Excerpt: ...defenses pled in the answer fails to state facts sufficient to constitute a defense and is uncertain because they are boilerplate conclusions. Defendant KP Cal's Answer contains 30 affirmative defenses. The Notice of Motion challenges only the 1st ‐ 13th Affirmative defenses (See Notice of Motion) A demurrer to an answer follows the general rules of a demurrer to a complaint. (South Shore Land Co. v. Petersen (1964) 226 Cal.App.2d 725, 732 ...

Excerpt: ...ion. In September of 2016, plaintiff Molly Baker, M.D. (“Plaintiff”) filed a lawsuit (separate from this action) against Sutter Medical Group entitled Baker v. Sutter Medical Group, Case No. 34‐2016‐00199916. In that separate action, in arbitration, Plaintiff alleges nine causes of action: Disability Discrimination, Hostile Work Environment Harassment Based on Disability, FEHA Retaliation, Failure to Accommodate, Failure to Engage in a Go...

Excerpt: ...inator for Kaiser in Roseville California, brings this Qui Tam action contending that Kaiser was unlawfully collecting monthly Medi‐Cal payments for patients for whom it was not eligible to collect those payments. On August 24, 2017, Plaintiff filed a Qui Tam action for Money Damages and Civil Penalties against KFHP and KP Cal. for Violation of the False Claims Act. A qui tam action has been defined as follows, "An action brought under a st...

Excerpt: ...r 19, 2018, a neurophysical examination on April 4, 2019 and an orthopedic examination on March 18, 2019. Moving Parties now seek an order requiring Plaintiff participate in an oral examination by an oral surgeon. If a defendant desires additional physical examinations, the defendant must obtain leave of court. (CCP §2032.310. [(a) If any party desires to obtain discovery by a physical examination other than that described in Article 2 (commenci...

Excerpt: ...h Plaintiff Alston at the Sacramento Main Jail on November 22, 2017. They further assert no cause of action is stated under the Bane Act (Second cause of action), that public employees are immune from tort liability for failure to summon care for inmates in non‐emergency situations, and, finally, that "Government code immunities exempt Defendant County of Sacramento from liability for Plaintiff's tort claim." MPA, p. 4. The Court no...

Excerpt: ...existence, not the truth of their contents. (See Professional Engineers v. Dep't of Transp. (1997) 15 Cal.4th 543, 590; Steed v. Department of Consumer Affairs (2012) 204 Cal.App.4th 112, 120‐121.) The Court notes there is no argument based on the doctrine of the law of the case, res judicata, or collateral estoppel, and the judicially‐noticed documents are therefore entirely irrelevant. Defendant's objections are overruled. The portions of t...

Excerpt: ...eks terminating sanctions only on the basis that Plaintiff has not provided the Court ordered responses. No lesser sanction was requested. For misuse of the discovery process, including as is the case here, disobeying a court order to provide discovery, the Court may impose a terminating sanction by one of the following: an order striking out the pleadings or parts of the pleadings of any party engaging in the misuse of the discovery process or a...

Excerpt: ... fraud in connection with Donald Kenworthy's purchase of a home in Hawaii. Plaintiff alleges that Ms. Blakeney, along with others, took advantage of Donald Kenworthy's advanced age (then 85) and failing medical health. Plaintiff alleges that Defendant Blakeney entered a romantic relationship with Donald Kenworthy in approximately 2013 with the intent and for the purpose of gaining access to Donald Kenworthy's assets for her own personal gain. Pla...

Excerpt: ...s' fees and litigation costs incurred attempting to enforce and collect on its judgment against judgment debtors RML Childrens Home, Inc., Reece Ventura, an individual, Rodina A. Ventura (aka Rodina A. Cordero), an individual, and RML Care Group, Inc. (collectively, “Defendants” or “Judgment Debtors”). This action arises from Defendants failure to comply with wage and hour laws. Plaintiff worked for defendants as a live‐in caregiver in ...

Excerpt: ...ts termination of Susana Oh's employment. Approximately four and a half months after her termination, Ms. Oh committed suicide. Ms. Oh's heirs and estate now seek to recover damages against Ms. Oh's former employer, defendant Crossroads Diversified Services, Inc. and County (not demurring), for damages arising from her employment including causing her death. Plaintiffs allege that defendant operated in partnership with the Department ...

Excerpt: ...aintiff) failed to serve the Summons and Complaint for more than two years and four months since he first filed this action and he has failed to bring the case to trial within two years of the filing of the Complaint. The Complaint in this FEHA employment discrimination case was filed on November 23, 2016. Despite numerous OSCs and case management hearings attempting to move this case along and effectuate service, the defendant was not served unt...

Excerpt: ...ion arises out of his former employment with the administrative employer for NRC and NRC ES, NRC Payroll Management, LLC ("NRC PM") Plaintiff asserts claims for (1) failure to pay overtime wages; (2) failure to pay minimum wages; (3) failure to provide meal periods; (4) failure to provide rest breaks; (5) failure to provide reimbursement expenses; (6) failure to provide accurate and itemized wage statements; (7) waiting time penalties; (8...

Excerpt: ...es, Inc. and an individual defendant, Rod Martindale (collectively, “Defendants”), on or around October 4, 2017. Plaintiff alleged eight causes of action against Defendants: (1) Violation of Labor Code sec. 98.6 and 1102.5, (2) Violation of Labor Code sec. 6310, (3) Disability Discrimination, (4) Failure to Accommodate Disability, (5) Failure to Engage in the Interactive Process, (6) Failure to Prevent Harassment, Discrimination and/or Retali...

Excerpt: ..., 60, 70, 71, 82‐ 86, 91, and 92 is GRANTED as set forth below. In this Lemon Law action involving a 2014 Chevrolet Cruz vehicle, which Plaintiffs allege suffered from various defects, including engine defects, Plaintiffs seek to compel Defendant to provide full and complete responses to certain requests for production (set one) and produce responsive documents corresponding to those requests. Requests nos. 1, 10, 19, 21‐26, 60, 70, 71, and 8...

Excerpt: ...uled upon as follows. This action arises out of an incident involving an Otis elevator located in the Sacramento Hyatt Regency. Defendant owns the building. Plaintiffs were riding in the elevator when it allegedly stopped, abruptly dropped three stories, stopped again, shook side to side, ascended once more, then fell again a short distance before coming to an abrupt stop. Plaintiffs allege injuries as a result of the elevator incident and filed ...

Excerpt: ...pute Resolution (“ADR”) Agreement executed on January 18, 2014. The ADR was signed by Decedent's daughter Barbara Gornto. Defendants contend that Ms. Gornto had the authority to bind the Decedent as the Decedent's authorized representative. This Court previously denied Defendants' petition in July 2017 finding that Defendants failed to prove that Ms. Gornto had the authority to enter into the arbitration agreement on the Decedent's behalf. Th...

Excerpt: ...led, though he appears to suggest that they are conclusory. When the moving party is the plaintiff, there is only one ground for a motion for judgment on the pleadings: "the complaint states facts sufficient to constitute a cause or causes of action against the defendant and the answer does not state facts sufficient to constitute a defense to the complaint." (C.C.P. 438(c)(1)(A).) The Court must disregard all controverted allegations in ...

Excerpt: ...eby preliminarily approving the terms of the settlement. By this motion, Plaintiff now seeks final approval of the settlement. This is a wage and hour action brought by Plaintiff on behalf of a class of approximately 77 similarly situated individuals. Plaintiff's claims are based on defendant University of the Pacific's (“Defendant”) purported failure to provide meal and rest periods by adopting a policy that required security guards to remai...

Excerpt: ... was held on May 4, 2018 before Judge Sawtell. Judge Sawtelle denied the request and ordered Petitioner to pay $5,000 in attorney's fees. A minute order to that effect was issued on May 4, 2018. Thereafter Petitioner filed an objection to the “proposed judgment” and Judge Sawtelle denied the motion on June 1, 2018. Petitioner filed a second objection which Judge Sawtelle denied on July 30, 2018. Petitioner disqualified Judge Sawtelle pursuant...

Excerpt: ...tered into a Purchase Agreement, by which Samra agreed to sell real property to PSCG. (Compl. ¶ 9.) Under the terms of the Purchase Agreement, possession of the real property would be conveyed to the buyer at the time of closing, subject to the right of any occupant tenants under existing leases. (Compl. ¶ 11.) A material provision of the original Purchase Agreement is contained at Paragraph 9.1(e), which provides: “Buyer has … 180 days fol...

Excerpt: ...instant demurrer, originally set to be heard on June 18, 2019. In commencing review of the demurrer and opposing papers, the Court noted at the outset that the parties had not fulfilled their mandatory duties under Code of Civil Procedure section 430.41 to meet and confer regarding the substance of the demurrer prior to filing. The matter was then continued until today's calendar and the parties were directed to meet and confer and inform the Cou...

Excerpt: ...y sued as Sacramento County Sheriffs Department) and Sheriff Scott Jones were negligent and committed intentional torts in the arrest, search warrants, and the entry into her home by Sheriffs Department personnel. No federal civil‐rights claims were asserted. Plaintiff sought monetary damages for violation of her rights, property damage and emotional distress. She alleges causes of action for negligence, intentional tort, and "state constit...

Excerpt: ... the plaintiff may move the court for an order for possession at the time of filing the complaint or at any time after filing the complaint and prior to entry of judgment. (Civ. Proc. Code § 1255.410(a).) This process is sometimes referred to as a "quick take" or "early possession." The Sacramento Area Flood Control Agency's ("SAFCA") mission is to provide the Sacramento region with at least a 100‐year level of floo...

Excerpt: ...efendant states that she gave the Complaint to her bankruptcy attorney, Scott Sagaria, soon after she was served in February. She states Sagaria had told her that if she received any court documents from her creditors to send them to him and he would take care of them as part of his legal services. Scott Sagaria passed away in September of 2018. Defendant later learned that he had never filed the bankruptcy petition nor had he filed responses to ...

Excerpt: ...termination in violation of the California Fair Employment and Housing Act and the California Family Rights Act. Plaintiff also alleges violations of the Labor Code and the Business & Professions Code arising out of Defendants' payment of wages and their recordkeeping practices. On or about April 12, 2019, Plaintiff filed motions to compel further response to requests for production of documents (set one), special interrogatories, and form interr...

Excerpt: ...5) to hear all discovery motions in this case. On June 7, 2019, in ruling on an earlier discovery motion, the Court stated "The Court notes that in addition to the three motions on today's calendar there appear to be additional discovery motions pending in this case. The Court is well familiar with the numerous discovery disputes that arise in elder abuse cases. The Court perceives that this dispute is simply one of many to come. Given th...

Excerpt: ...ement was reached with Rite Aid's counsel by which all defendants were purportedly to collectively pay $130,000 to plaintiff in exchange for a complete release and dismissal with prejudice, with all parties paying their own fees and costs. On May 3, 2019, Rite Aid filed a notice of unconditional settlement in which it stated that a dismissal would be filed within 45 days. The Settlement Agreement states Rite Aid agreed to pay $55,000, propert...

Excerpt: ...lowing grounds: 1. Defendant is entitled to summary adjudication of Plaintiff's first cause of action for unlawful retaliation fails because Plaintiff failed to exhaust her internal administrative remedies. 2. Defendant is entitled to summary adjudication of Plaintiff's first cause of action for unlawful retaliation for protected activity pursuant to California Labor Code §1102.5 because Plaintiff cannot establish a prima facie case of r...

Excerpt: ...for reconsideration. [Citations.]" (Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 859, fn. 29; accord APRI Ins. Co. v. Superior Court (1999) 76 Cal.App.4th 176, 182.) A motion for reconsideration may only be considered before final judgment is entered and while the case is still pending in the trial court. (Eddy v. Sharp (1988) 199 Cal.App.3d 858, 863, fn. 3. ) “The issue is jurisdictional. Once the trial court has entered judgme...

Excerpt: ...Defendants Sonia Bains and Harkirat Singh and dropped as to Specially appearing defendants Ravinderjit Singh, Rabinder Singh, Ajaypal Singh, Jorge Bravo, Rajinder Kaur, Nivas LLC, 18th Street LLC, Misa Communication LLC, and Avant Wireless, LLC's as their motion to quash service of summons has been granted. This matter was continued from June 20, 2019 to allow Defendants to comply with CCP § 430.41(a). Self‐ represented Plaintiff Gurinderjeet ...

Excerpt: ...l foreclosure, fraud, breach of contract, breach of the implied covenant of good faith and fair dealing and violation of Business and Professions Code § 17200. Shellpoint's demurrer to Plaintiff's original complaint was unopposed and granted on May 21, 2019. Plaintiff then filed the FAC on May 31, 2019, and Shellpoint demurs to each cause of action on the grounds they fail to state facts sufficient to constitute a cause of action. Shellpoint's d...

Excerpt: ...ed on as follows. On April 14, 2015, the Court granted Judgment Creditor's Special Motion to Strike plaintiff's causes of action and entered judgment in favor of Judgment Creditors. The Court subsequently granted Judgment Creditors' Motion for Attorneys' fees in the amount of $22,284. (Bardzell Decl. ¶¶ 3, 6, Exhs. A, C.) Judgment Creditors served the instant post‐judgment discovery on October 9, 2018. (Bardzell Decl. ¶13, Exh. F.) J...

Excerpt: ...ted. Usually, defective notice deprives the court of jurisdiction to consider the motion. (Lee v Placer Title Co. (1994) 28 Cal.App.4th 503, 509, 511.) However, plaintiff Lobel Financial Corp. (“Plaintiff”) has substantively opposed the motion and did not raise defective notice in opposition. Therefore, Plaintiff has waived any objection that may have existed based on defective service (Carlton v. Quint (2000) 77 Cal.App.4th 690, 696‐698), ...

Excerpt: ...the Court will not delay this matter any longer. Plaintiff's request for judicial notice is granted. In this lemon law action, Plaintiff actually moves to strike Defendant's affirmative defenses 2‐24. “The court may, upon a motion made pursuant to Section 435, or at any time in its discretion, and upon terms it deems proper: (a) Strike out any irrelevant, false, or improper matter inserted in any pleading, (b) Strike out all or any part of an...

Excerpt: ...an Ha was the realtor. They allege that shortly after close of escrow they discovered the home was contaminated with mold. They also allege that Defendants misrepresented the scope of marijuana grow operations that were conducted in the home, specifically failing to disclose that a large scale marijuana grow operation had been conducted. Defendant Robert Do is Defendant Ha's brother and Defendant Elite Norcal Corporation is the brokerage firm. Pl...

Excerpt: ... owned, maintained, and controlled the subject premises and that Defendant was acting in the course and scope of its employment by Donahue. He alleges that improper lighting led Plaintiff to be struck by Defendant Mailua Vue's vehicle on December 21, 2015. Defendant's separate statement includes the following. On April 28, 2014 Defendant entered into a service contract with Donahue Schriber Realty Group, L.P. pursuant to which Defendant agreed to...

Excerpt: ...ndants Emanuel and Sunday Balalises have refused to effectuate the terms of a settlement agreement between the parties. Any party may move for summary judgment in any action or proceeding if the party contends that (1) the action or proceeding has no merit or (2) there is no defense to the action or proceeding. CCP 437c(a). A cause of action has no merit if one or more of the elements of the cause of action cannot be separately established, even ...

Excerpt: ...(1990) 220 Cal. App.3rd 1117, 1138.) Newberg on Class Actions (4th Ed.), the most authoritative treatise on class actions, discusses the process for approving the settlement of a class action. At § 11.24, “Procedure for Submitting Class Settlement for Approval,” Newberg describes the review at the preliminary stage as the submission by the parties of the essential terms of the agreement for informal review of the settlement papers by the Cou...

Excerpt: ..., LLC, held on June 26, 2019. Plaintiff's discovery motions were filed on May 30, 2019. In the motions, Plaintiff requests supplemental responses to the following discovery: Requests for Production: (1) All DOCUMENTS that RELATE TO, reflect, refer to, or record the security procedures YOU required AGGRIEVED EMPLOYEES to perform when opening and/or closing a location during the RELEVANT TIME PERIOD. (7) All TIMESHEETS for AGGRIEVED EMPLOYEES. (8) ...

Excerpt: ...iffs Geoff Scott and Rebecca Scott's (collectively, “Plaintiffs”) First Amended Complaint (“FAC”) is OVERRULED. This action arises out of Plaintiffs' involvement as members, managing members, and former employees of Track 7. In this action, Plaintiffs allege various employment related claims and claims for breach of contract and declaratory judgment related to alleged compensation owed as a managing member. Plaintiffs filed their FAC on A...

Excerpt: ...ment, thereby preliminarily approving the terms of the settlement. By this motion, Plaintiff now seeks final approval of the settlement. In this wage and hour action, Plaintiff alleges Defendants' policies and practices resulted in numerous violations of California law, including the: 1) failure to pay overtime wages; 2) failure to pay minimum wages; 3) failure to provide meal periods; 4) failure to provide rest periods; and 5) failure to provide...

Excerpt: ...und the entire edge of the pool and dips down to 6 feet in the center. Plaintiff dove into the pool and was injured. Plaintiff filed his complaint on May 31, 2018, alleging general negligence, premises liability, and products liability. After Plaintiff received discovery responses and documents from Defendants identifying the contractors involved in the design and construction of the pool, Plaintiff and Defendants have agreed to settle the matter...

Excerpt: ... performing a massage on Plaintiff. Plaintiff filed the operative FAC on April 19, 2019, alleging causes of action for: (1) sexual battery (Civil Code § 1708.5); (2) discrimination in the provision of business services (Unruh Act: Civil Code §§ 51, 52); (3) unlawful sexual violence (Civil Code § 51.7); (4) negligent hiring, training, supervision, and retention; and (5) intentional infliction of emotional distress (“IIED”). The parties eng...

Excerpt: ...ses, without objections, to Defendant's form interrogatories, set one, special interrogatories, set one, and request for production, set one. Plaintiff was ordered to serve verified responses, without objections, on or before April 5, 2019. Plaintiff has failed to comply with this Court order and Defendant now moves for terminating sanctions or in the alternative evidentiary sanctions. Defendant also seeks monetary sanctions. For misuse of the di...

Excerpt: ...ear all discovery motions in this case. On June 7, 2019, in ruling on an earlier discovery motion, the Court stated "The Court notes that in addition to the three motions on today's calendar there appear to be additional discovery motions pending in this case. The Court is well familiar with the numerous discovery disputes that arise in elder abuse cases. The Court perceives that this dispute is simply one of many to come. Given the natur...

Excerpt: ...verruling in part Defendants' demurrer to the FAC held that any allegations pertaining to Plaintiffs' conditional use permit (“CUP”) for a gas station at the Curtis Park Village Commercial Center (the “Gas Station Project”) could not serve as the basis for liability for the second, third, and fourth causes of action in the FAC. The Court found those allegations would fall before the various immunities and protections afforded to the City ...

Excerpt: ...ntiff alleges that “while under the influence of alcohol” Defendant failed to slow for traffic and rear‐ended a vehicle which was pushed into Plaintiff's vehicle. (Comp. ¶ 6.) Plaintiff alleges that Defendant “had been drinking alcohol and had notice that [she was] driving under the influence of alcohol and that [her] conduct created a dangerous condition and that the situation was unreasonably dangerous to Plaintiff and to public safety...

Excerpt: ...mber 29, 2016, incident that occurred at the ice skating rink located in downtown Sacramento, which was operated by Special Ice. DSP owns the real property on which the ice skating rink is located. DSP and Special Ice entered into a written contract for the operation of the ice skating rink. Plaintiff Dyan McMiller, a 65 year old woman, fell while skating backwards. Plaintiff tried to brace her fall with both hands and suffered bilateral fracture...

Excerpt: ...lemental request for judicial notice. TSCS seeks to set aside the default and default judgment entered against it on December 27, 2018 and January 7, 2019 respectively pursuant to the mandatory and discretionary provisions of CCP § 473(b) and CCP § 473.5. Plaintiff vigorously opposes the motion. This matter involves an attorney fee dispute between TSCS and Plaintiff Benjamin Law Offices in connection with Plaintiff's representation of TSCS. TSC...

Excerpt: ... to provide full and complete responses to certain requests for production. Requests Nos. 30‐33 relate to consumer complaints and Defendant's repurchases of vehicles (same year, make and model as Plaintiffs' vehicle) which suffered the same defects as Plaintiffs' vehicle. Defendant interposed numerous objections to the requests for production, including objections based on relevance, burden and oppression and trade secrets. The Court rejects De...

Excerpt: ...iff's request for admission no. 44 which asked Defendant Logan Babbitt to admit that Plaintiff's damages are $500,000. Defendant's response consisted solely of objections: “Responding Party objects to this request on the grounds that it is vague, ambiguous, harassing, oppressive, unduly burdensome, premature, calls for a legal conclusion and expert opinion, and represents an invasion of privilege, including but not limited to the litigation pri...

Excerpt: ...s entity unknown.” It is clear the Court has jurisdiction to amend a Judgment to reflect a Defendant's true name. (Thompson v. L.C. Roney, (1952) 112 Cal.App. 2d 420, 425 ["The order here under consideration does not effect an enlargement of the original judgment nor is it a modification thereof to correct a supposed error of law. It is simply an amendment whose purpose is to designate the real name of the judgment debtor."]; Jack Faren...

Excerpt: ...”) First Amended Complaint (“FAC”) is ruled upon as follows. Plaintiffs' request for judicial notice of documents in the Court's file is granted. On May 23, 2019, this Court granted Dignity Health's special motion to strike the fifth cause of action in Dr. Babb's FAC. Dignity Health seeks attorney's fees and costs in the total amount of $8,956.96. A prevailing defendant on an anti‐SLAPP motion is entitled to recover his or her attorneys' ...

Excerpt: ...mes they purchased were not subject to Mello‐Roos taxes. The Plaintiffs allege that they would not have purchased the homes had they known that they were subject to the taxes. Cross‐Defendants were not named in the complaint. Cobalt's cross‐complaint it alleges causes of action for equitable indemnity, contribution and declaratory relief against Cross‐Defendants. Cobalt alleges that it denies the allegations in Plaintiffs' complaint. (X�...

Excerpt: ...employment with Goodwill Industries. Decedent is alleged to have sustained a fatal head injury when he placed his head within the frame of the dumpster and was then crushed by a stationary compactor. All the defendants are aggregated into the same category and are alleged to have been liable for a defective roll‐off truck, refuse bin, stationary compactor, loading dock with a marked slope and/or related component parts. These items are alleged ...

Excerpt: ...d Irrig. Dist. v. Empire Water Co. (1941) 44 Cal.App.2d 61, 68 [recorded land documents, 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 (“[...

Excerpt: ...d attached thereto. The motion is denied as to Ex C, plaintiff's deposition testimony, as it is not the proper subject of judicial notice. The Court is not ruling on the evidentiary objections because it is not considering the plaintiff's deposition testimony in ruling on this motion. Plaintiff's representative PAGA action against Defendants Warehouse Demo Services, Inc. ("WDS") and Club Demonstration Services, Inc. ("CDS&...

Excerpt: ..."PAGA"), Labor Code § 2699 on behalf of the State and other aggrieved employees for alleged Labor Code violations by Defendants Private National Mortgage Acceptance Company, LLC, PennyMac Financial Services, and PennyMac Mortgage Investment Trust's ("Defendants"). Plaintiff demurs to the following Affirmative Defenses in the Answer to the First Amended Complaint: 1, 2, 3, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19,...

Excerpt: ...stries. The Complaint alleges product liability, negligence, and wrongful death against five defendants. Although plaintiff alleges that "plaintiff's Board of Directors and President turned their backs to the safety of employees," plaintiff has failed to allege any wrongful conduct of any of the defendants', including defendants' President or Board of Director. This conclusionary pleading is insufficient to allege the specific...

Excerpt: ...ANTED as set forth below. In this Lemon Law action involving a 2014 GMC Acadia vehicle, which Plaintiff alleges suffered from various defects, including engine and transmission defects, Plaintiff seeks to compel Defendant to provide full and complete responses to certain requests for production (set one). Requests nos. 1, 10, 17, 19, 20‐24, 35, and 37‐42 relate to Defendant's investigations and analysis regarding the defects. Requests 7, 58, ...

Excerpt: ... mashed a pie into Defendant's face at the event, and Defendant then allegedly punched Plaintiff multiple times. Plaintiff was criminally prosecuted for his actions and ultimately pled no contest to Penal Code § 415(1). Plaintiff filed this civil action against Defendant on September 19, 2018, alleging battery, assault, negligence, intentional infliction of emotional distress, and civil rights violation under 42 U.S.C. § 1983. On March 15, 2019...

Excerpt: ...ication, as to the complaint of plaintiffs Ryan Eastlick and Shareen Eastlick is denied as set forth below. Defendants' request for judicial notice is granted. Plaintiffs' objections to evidence are ruled upon as follows: Corbo Dec.: Overruled ‐ 1, 3, and 4; Sustained ‐ 2. Defendants' objections to evidence are ruled upon as follows: Stevick Dec.: Overruled ‐ 2, 3, 4, 5, 7, 9, 10, 11, and 12; Sustained ‐ 1, 6, and 8. Plaintiffs Ryan and S...

Excerpt: ...granted as to Exhibits 1‐5, but denied as to Exhibit 6. Defendants' request for judicial notice is granted. While defendant Old Navy (ITM) Inc. filed its own separate demurrer independent from the other three moving defendants, the demurrers are substantively identical and seek relief on the same grounds. Plaintiff also filed a single opposition to both demurrers. Given the foregoing, the Court will address both demurrers in this single ruling ...

Excerpt: ...rmanent hair loss (alopecia) as a result. Plaintiffs allege McKesson is a distributor of Taxotere. Plaintiffs filed their Complaint on December 9, 2016, and the First Amended Complaint (“FAC”) on February 2, 2017. The FAC alleged several tort‐based causes of action premised upon allegations that Defendants knew patients who take Taxotere are at a significantly increased risk of suffering permanent hair loss but failed to provide proper warn...

Excerpt: ...provide the tentative ruling to plaintiff Frank Dearwester. Appearance is required on July 10, 2019. Plaintiff Frank Dearwester shall be available, by COURTCALL, to participate in oral argument on the continuance date. Self‐ represented Plaintiff Frank Dearwester's motion to withdraw voluntary dismissal is denied. At the outset, it bears noting that the motion lacks sufficient notice. C.C.P., sec. 1005 requires 16 court days notice of motion, w...

Excerpt: ...ing and fulfillment company with its principal place of business in Rancho Cordova. SERP is an educational non‐profit entity based in the District of Columbia that develops and provides educational resources to schools. SERP's products are offered free of charge on its website, though some facilities purchase preprinted materials. SERP contracts with printing companies to fulfill orders for hard copy material. The underlying judgment is premise...

Excerpt: ... Wells Fargo Bank (1990) 220 Cal. App.3rd 1117, 1138.) Newberg on Class Actions (4th Ed.), the most authoritative treatise on class actions, discusses the process for approving the settlement of a class action. At § 11.24, “Procedure for Submitting Class Settlement for Approval,” Newberg describes the review at the preliminary stage as the submission by the parties of the essential terms of the agreement for informal review of the settlement...

Excerpt: ...(Civil Code §§ 56.10, 56.35); (2) Common Law Invasion of Privacy; (3) Disclosure of Improperly Maintained Personal Information (Civ. Code §§ 1798.18, 1798.45, 1798.48); (4) Defamation; (5) IIED; and (6) Conspiracy. Plaintiff alleges that he filed a medical malpractice action against Defendants that was arbitrated and that during the course of the proceeding he believed that his medical record had been altered. He alleged that Defendant Torres...

Excerpt: ...0 days. In her opposition, Plaintiff argued that she could not afford a bond but the Court noted that she did not provide evidence to support the claim of indigence and also that she did not have a fee waiver. After oral argument the Court stayed the order to June 4, 2019 to allow Plaintiff an opportunity to establish indigence. The Court ordered Plaintiff to file a motion for fee waiver by May 15, 2019. Plaintiff filed a fee waiver application s...

Excerpt: ...ervice on the parent company Comcopious Limited ("CCL HK"), incorporated in Hong Kong, China. (Decl. Rome). Defendants contend that CCL HK is not subject to personal jurisdiction in California. Defendants' and Plaintiffs' Requests for Judicial Notice are granted. Plaintiffs Life‐FX Products LLC ("Life‐FX"), Body Action Health Ltd. ("Body Action"), Zaanit BV ("Zaanit"), Green Religion BV ("Green Reli...

Excerpt: ...anted Plaintiff's unopposed motion to have its requests for admissions deemed admitted. When the moving party is the plaintiff, there is only one ground for a motion for judgment on the pleadings: "the complaint states facts sufficient to constitute a cause or causes of action against the defendant and the answer does not state facts sufficient to constitute a defense to the complaint." (C.C.P. 438(c)(1)(A).) The grounds for the motion sh...

Excerpt: ...d or have been employed by DEFENDANTS in the State of California as hourly, Non‐Exempt drivers, truck drivers, truck workers, delivery truck drivers, trailer truck drivers, industrial truck drivers, warehouse workers, inventory control clerks, and/or similar job designations and titles during the period of the relevant statute of limitations.” (Comp. ¶ 47.) Numerous sub‐classes are also alleged. Defendant issued a subpoena to non‐party A...

Excerpt: ...t the subject facility. They also allege that Mr. McRae developed other pressure ulcers and urinary tract infections and also methicillin‐sensitive staphylococcus aureus. Mr. McRae was allegedly left to suffer malnutrition and dehydration as staff ignored calls for help and drugged him with medications is get him to stop calling for help. They allege that Defendant attempted to cover up his true condition but ultimately he was sent to Mercy San...

Excerpt: ...aanit BV ("Zaanit"), Green Religion BV ("Green Religion"), and Spooky Zebra Ltd. ("Spooky Zebra") (collectively, "Plaintiffs") are online international businesses organized in Delaware, Canada, the Netherlands, and the United Kingdom that sell "non‐ regulated chemical compounds", marijuana, and marijuana seeds online, including in Canada and Europe. Plaintiffs allege Defendants do business as "iCanPay...

Excerpt: ...Rae's left hip while at the subject facility. They also allege that Mr. McRae developed other pressure ulcers and urinary tract infections and also methicillin‐sensitive staphylococcus aureus. Mr. McRae was allegedly left to suffer malnutrition and dehydration as staff ignored calls for help and drugged him with medications is get him to stop calling for help. They allege that Defendant attempted to cover up his true condition but ultimately he...

Excerpt: ... compel Defendant's further responses to his request for production of documents. The responses that had been served contained objections but Defendant had waived objections by failing to timely serve responses. In opposition to that motion Defendant argued that it should be relieved of the waiver because the failure to serve a timely response was the result of mistake, inadvertence, or excusable neglect. The Court pointed out that such relief co...

Excerpt: ...nt” fees for their brokerage services. She claims that they have a business practice of rewriting existing insurance policies with no benefit to the insured. Plaintiff alleges causes of action for unjust enrichment and violation of Business & Professions Code § 17200 (“UCL”). Any party may move for summary judgment in any action or proceeding if the party contends that (1) the action or proceeding has no merit or (2) there is no defense to...

Excerpt: ...ecommended a C5‐6 cervical disc replacement but did not set forth the cost of the surgery and/or whether it was being financed. Plaintiff had previously provided Defendant's representative a MedFin Manager finance agreement for a back surgery estimated at $155,000 in November 2017. In order to obtain information regarding the cost of the surgery Defendant issued a subpoena MedFin Manager for Plaintiff's medical records. MedFin is in Arizona and...

Excerpt: ... complaint alleges that she was originally hired by Health Net Pharmaceutical Services (“HNPS”), the pharmacy management subsidiary for Health Net., Inc. She alleges that Defendant jointly employed her. She also alleges that Defendant Centene Corp. acquired Health Net., Inc. and following the merger the two combined their pharmacy benefit management subsidiaries (HNPS and U.S.Script, Inc.) to create a new company (Defendant) but that her wage...

Excerpt: ...ot drawn or filed in conformity with the laws of this state.” Kia moves to strike punitive damages and the request for civil penalties in connection with the third cause of action for violation of CCP § 1793.2(a)(3). Kia argues that punitive damages are not available under the Song‐Beverly or Magnuson Moss Acts. Kia also argues the fraud causes of action cannot support punitive damages because the fraud claims are insufficiently pled as argu...

Excerpt: ...aintiff and Defendant are currently incarcerated for unrelated matters. Plaintiff filed his complaint on June 17, 2015, alleging premises liability, negligence, and bodily injury. In October of 2018, Defendant filed a motion to dismiss for lack of prosecution. Specifically, for dismissal based upon Plaintiff's failure to serve the complaint within three years. Plaintiff filed an untimely opposition the day before the hearing. On October 18, 2018,...

Excerpt: ...�Plaintiffs”) filed their complaint on May 1, 2017, alleging causes of action for medical negligence (by Ms. Burgess) and loss of consortium (by Mr. Burgess). Plaintiffs allege Dr. Haskins Ms. Burgess suffered a pudendal nerve injury as a result of the purported negligent care provided by Dr. Haskins during the delivery of Plaintiffs' nine‐pound infant son. Dr. Haskins now moves for summary judgment on the grounds that Plaintiffs cannot estab...

Excerpt: ...morphine drip of 250 milligrams over less than 90 minutes, despite an order from his physician for a morphine drip at 1 milligram per hour. Defendant's demurrer to the original Complaint was sustained with leave to amend as to the fourth cause of action for elder abuse and second cause of action for NIED. Defendant demurred to the third cause of action for IIED, but withdrew the demurrer on reply, so the Court issued no ruling on the third cause ...

Excerpt: ...aintiffs' complaint alleges the following causes of action against Kia: (1) violation of Civil Code § 1793.2(d); (2) violation of Civil Code § 1793.2(b); (3) violation of Civil Code § 1793.2(a)(3); (4) breach of express written warranty; (5) breach of the implied warranty of merchantability; (6) fraud by omission; and (7) fraudulent inducement. Plaintiffs allege the vehicle contained certain engine defects and nonconformities. Kia demurs to th...

Excerpt: ... Plaintiffs Dina Padilla and Floyd Chodosh (collectively, “Plaintiffs”) is SUSTAINED with leave to amend as to the fifth, sixth, and seventh causes of action, and is SUSTAINED without leave to amend as to all other demurred‐to causes of action in the FAC. Request for Judicial Notice Plaintiffs' Request for Judicial Notice (“RJN”), which attaches an Audit of Commission on Judicial Performance by the California State Auditor, is GRANTED. ...

Excerpt: ...ute Order, Department 53, Feb. 22, 2019) The motion requested further responses and production of corresponding documents. The Court ordered Defendant Kia Motors America, Inc. ("Kia") to provide further responses by March 8, 2019. Plaintiff contends defendant did not produce code compliant responses as to any of the Requests for Production: 5, 7, 11, 12, 19, 22‐24, 26, 28, 31‐33, 35, 48, 49, 52, 53, 67, 72, 73, 76, 79, 80, 82, 83, 89,...

Excerpt: ...r discrimination and wrongful termination based on her race and gender. She alleges she was denied a promotion and ultimately fired because of her race and gender. Defendant, dba Blue Shield served deposition subpoenas seeking plaintiff's prior employment records based on information obtained in her deposition. Defendant served subpoenas on Cisco Systems, Inc., Webex, Compuware Corporation, Intel Corporation, State Farm Insurance, Visiteon Co...

Excerpt: ...or Judicial Notice is granted. This action arises out of a dispute with defendant who performed roofing services for plaintiff. On April 11, 2019, Feliciano Ozuna‐FX's CEO‐filed an unsigned answer on FX's behalf "in pro per." Plaintiff has also discovered that FX Roofing, Inc. is a suspended corporation. Plaintiff seeks to strike the Answer because FX cannot appear without counsel, and because FX is suspended. Pursuant to Code...

Excerpt: ...s to Plaintiff's request for production Nos. 1, 3‐7, 21‐23, 25, 26, 28, 34, 39, 42 and 47. In opposition Defendant asserts that the motion is moot as to requests 4‐7, 21‐23, 25, 26, 28, 34, 39, 42, and 46‐47. Defendant asserts that it agreed in the meet and confer process to supplement these responses to meet Plaintiff's concerns and that it was delayed in doing so due to a sudden medical leave of absence taken by its counsel that was h...

Excerpt: ...issue on the instant motion are Defendant's responses to Plaintiff's special interrogatories Nos. 10, 16, 20‐22, 24‐30, 32 and 34. In opposition Defendant asserts that the motion is moot as to special interrogatories 10, 16, 20, 21, 32, and 34. Defendant asserts that it agreed in the meet and confer process to supplement these responses to meet Plaintiff's concerns and that it was delayed in doing so due to a sudden medical leave of absence t...

Excerpt: ...complaint, the only remaining causes of action are for violations of Civil Code § 2923.55, violations of Civil Code §§ 2923.6, 2923.7, 2924.11, 2924.18 and cancellation of documents (premised on the alleged statutory violations). Defendant's separate statement includes the following. Plaintiffs obtained a loan from Defendant in June 2005 and a loan modification in late 2013. In 2014 Plaintiffs became delinquent on the loan and Defendant sent t...

Excerpt: ... plaintiff Brian Spears. Appearance is required on June 4, 2019. Plaintiff Brian Spears shall be available, by COURTCALL, to participate in oral argument on the continuance date. Defendant Dean Kratzer's (“Mr. Kratzer”) demurrer to self‐represented Plaintiff Brian Spears' Second Amended Complaint (“SAC”) is ruled upon as follows. Mr. Kratzer's request for judicial notice is granted. In this action Plaintiff's SAC, alleges causes of acti...

Excerpt: ...erage dispute in which plaintiffs allege that defendants Security National and AmTrust North America had a duty to indemnify LaBarbera under an insurance policy issued to Knight. Moving defendants contend that documents attached to the Complaint, judicial admissions in plaintiff's Answer to the underlying personal injury case, and facts subject to judicial notice confirm that the policy did not cover LaBarbera for anything in the underlying lawsu...

Excerpt: ...g whether the parties have met their respective burdens of proof, courts construe the affidavits or declarations of the moving party strictly, resolving any doubts in the opposing party's favor. (Miller v. Bechtel Corp. (1983) 33 Cal. 3d 868, 874; Cortez v. Vogt (1997) 52 Cal. App. 4th 917, 925‐926; see also Salazar v. Southern Cal. Gas Co. (1997) 54 Cal. App. 4th 1370, 1376 [moving party's papers strictly construed, accepting as fact only thos...

Excerpt: ...ho are being treated at various hospitals throughout the State of Califomia. Beginning in or around 2006, Queen of the Valley Hospital ("QOV") in Napa, Califomia was designated as Plaintiffs permanent headquarters. QOV is located approximately twenty‐five minutes from Plaintiffs home, and throughout his employment Plaintiff regularly reported to QOV to perform his duties. However, since 2014 Plaintiff has been ordered to start his shift...

Excerpt: ... plaintiff's single conclusory allegation that all defendants abandoned the decedent, coupled with the single factual allegation regarding the doctor's telephone contact with the decedent, is not sufficient to state a claim of abandonment. The Court agrees. Leave is granted to amend this cause of action solely to state specific facts upon which plaintiff alleges that Dr. Gruenefeldt abandoned the care and treatment of decedent. Dr. Gruene...